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thousand seven hundred and ninety-nine, and may be mitigated

or remitted in the manner prescribed by the act, entitled “An act

to provide for mitigating or remitting the forfeitures, penalties, and disabilities; accruing in certain cases therein mentioned,” passed on the third day of March, one thousand seven hundred and ninety-seven. [Approved March 2, 1831.]

Char. 323. An act to repeal the act to establish the district of
§ 1. Be it enacted, &c. That the act entitled “An act to estab-
lish the district of Blakely,” approved the seventeenth day of
April, eighteen hundred and twenty-two, be, and the same is
hereby repealed. [Approved March 2, 1831.]

CHAP. 327. An act for the relief of certain holders of certificates issued in lieu of lands injured by earthquakes in Missouri.

§ 1. Be it enacted, &c. That the legal owners of any certificates of new location, issued under the act of seventeenth February, one thousand eighteen hundred and fifteen, for the relief of persons whose lands were injured by earthquakes in Missouri, which may have been located upon lands, any part of which has been adjudged to any person or persons as a right of pre-emption, shall be authorised to locate such warrants, upon such lands as are liable to entry at private sale, Provided, That previous to making such new location, the legal owners aforesaid, shall relinquish to the United States, all claim to the previous location: And provided further, That such locations shall be made and patents issued therefor, under the same regulations, and restrictions, as if the locations had been made under the provisions of the second section of the act of the twenty-sixth April, one thousand eight hundred and twenty-two, entitled “An act to perfect certain locations and sales of the public lands in Missouri.”

§ 2. And be it further enacted, That this act shall remain in force for the term of eighteen months, from the passage thereof. [Approved March 2, 1831.]

Ch.A.P. 332. An act declaring the assent of Congress to an act of the
General Assembly of the state of Ohio, hereinaster recited.
§ 1. Be it enacted, &c. That the consent of the United States
shall be, and is hereby given to an act of the General Assembly
of the state of Ohio, entitled “An act for the preservation and
repair of the United States' road,” passed the fourth day of
February, in the year of our Lord one thousand eight hundred
and thirty-one, which act is in the words and figures following,
to wit:
* Be it enacted by the General Assembly of the State of Ohio,
‘That whenever the consent of the Congress of the United
‘States to this act shall be obtained, the governor of this state
“shall be, and is hereby authorised to take under his care, on
‘behalf of this state, so much of the road commonly called the
“National Road, within the limits of this state, as shall then be
“finished, and also, such other sections or parts thereof, as o
“thereafter be progressively finished within the limits aforesaid,

* whenever the same shall be completed; and he shall be, and is Toll gates.

“hereby authorised to cause gates and toll-houses to be erected ‘on said road, at such finished parts thereof as he shall think ‘proper, for the purpose of collecting tolls, as provided by the “fourth section of this act: Provided, The number of gates afore" said, shall not exceed one on any space or distance of twenty * miles. -- .

“Ś 2. That a superintendent shall be appointed by the governor, Superinten.

‘whose duty shall be to exercise all reasonable vigilance and ‘diligence in the care of the road committed to his charge; to “contract for, and direct the application of the labour, materials, ‘and other things necessary, for the preservation, repair, and “improvement thereof; he shall pay for the same out of such sums “as the governor shall furnish him for that purpose, subject to ‘such responsibility and accountability as the said governor shall ‘dictate; and shall conform to such instructions as the governor “shall prescribe for his conduct, in all particulars relative to his ‘said trust: he may be empowed to suspend the functions of any “toll-gatherer for alleged misconduct, till the pleasure of the ‘governor shall be known, and to fill the vacancy thereby occa“sioned during such interval; and it shall be his duty to give “information of the facts in such case, to the governor, without “any unnecessary delay: the said superintendent shall hold his “office during the pleasure of the governor, who shall allow him “a reasonable compensation for his services.

“Ś 3. That the Governor be, and he is hereby authorised to Toll-collec.

“appoint the necessary collectors of tolls, and to remove any of
“them at his pleasure; and also, to allow them, respectively, such
“stipulated compensation as he may deem reasonable; it shall be
‘the duty of each and every toll-collector to demand and receive,
“at the gate or station assigned to him by the governor, the tolls
“prescribed and directed by the fourth section of this act; and to
‘pay monthly into the treasury, according to the directions they
* may receive from the treasurer of the state, all the moneys so
“collected by said collectors, that shall remain, after deducting
‘their compensation aforesaid; the said collectors shall be govern-
‘ed, in all respects relative to their office, by such regulations as
“the governor shall ordain, in order to ensure a due responsibility,
‘and faithful discharge of their duties.
“Ś 4. That, as soon as the said gates and toll-houses shall be
‘ erected, it shall be the duty of the said toll-collectors, and they
‘ are hereby required, to demand and receive for passing the said
‘gates, the tolls and rates hereafter mentioned; and they may
‘stop any person riding, leading, or driving any horses, cattle,
‘sulky, chair, phaeton, cart, chaise, wagon, sleigh, sled, or other
“carriage of burden or pleasure, from passing through the said
‘gates, until they shall respectively have paid for passing the
‘ same, that is to say: for every space of twenty miles in length
‘on said road, the following sums of money, and so in proportion
“for every greater or lesser distance, to wit: for every score of
“sheep or hogs, ten cents; for every score of cattle, twenty cents;
“for every led or drove horse, three cents; for every mule or ass,
“led or driven, three cents; for every horse and rider, six and
Vol. Iv. 20 -



Toll rates.

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one-fourth cents; for every sled or sleigh drawn by one horse or
ox, twelve and one-half cents; for every horse or ox in addition,
six and one-fourth cents; for every dearborn, sulky, chair, or
chaise, with one horse, twelve and one-half cents; for every
horse in addition, six and one-fourth cents; for every chariot,
coach, coachee, stage or phaeton, with two horses, eighteen and
three-fourth cents; for every horse in addition, six and one-
fourth cents; for every other carriage of pleasure, under what-
ever name it may go, the like sum, according to the number of
wheels and horses drawing the same ; for every cart or wagon
whose wheels do not exceed the breadth of two and one-half
inches, twelve and one-half cents; for each horse or ox drawing
the same, six and one-fourth cents; for every cart or wagon
whose wheels shall exceed two and one-half inches in i.
and not exceeding four inches, six and one-fourth cents; for
every horse or ox drawing the same, three cents; and for every
other cart or wagon whose wheels shall exceed four inches, and
not exceeding five inches in breadth, four cents; for every horse
or ox drawing the same, two cents; and all other wagons or
carts whose wheels shall exceed six inches in breadth, shall pass
the said gates free and clear of all tolls: Provided, That nothing
in this act shall be construed so as to authorise any tolls to be
received or collected from any person passing to or from public
worship, or to or from any musters, or to or from his common
business on his farm or woodland, or to or from a funeral, or to or
from a mill, or to or from his common place of trading or mar-
keting, within the county in which he resides, including their
wagons, carriages, and horses or oxen drawing the same:
Provided, also, That no toll shall be received or collected for the
passage of any stage or coach conveying the Untied States'
mail, or horses bearing the same, or any wagon or carriage
laden with the property of the United States, or any cavalry or
other troops, arms or military stores belonging to the same, or
to any of the states comprising this Union, or any person or
persons on duty in the military service of the United States, or
of the militia of any of the states. -
• $ 5. That the moneys so collected, shall constitute a fund, to
be denominated the United States' Road Fund; and so much
thereof as may be paid into the treasuary agreeably to the pro-
visions above recited, shall be subject to the order of the
governor, who shall pay out of the said fund, the salary of the
superintendent, and the expenses incident to the superintendence
and collection, other than those particularly provided for in this
act, and shall cause the remaining net proceeds of the revenue
collected as above-mentioned, to be applied solely and exclusively
to the preservation, repair, and improvement of said road, and
to no other purpose whatever.
‘S 6. That directors shall be set up at proper and conveninent
situations, to caution all conductors or drivers of carriages on
the road aforesaid, that they shall at all times pass on the left of
each other, under the penalty of five dollars for every offence ;
and there shall also be set up at some conspicuous place at each


‘gate, a board, on which shall be legibly painted the rates of toll,
‘as is provided for in this act. `
‘S 7. That, if any of the toll-collectors shall unreasonably
‘ delay or hinder any passenger or traveller at any of the gates,
“ or shall demand or receive more toll than is by this act estab-
‘lished, he shall, for each and every such offence, forfeit and pay
‘to the party aggrieved, the sum of ten dollars.
“Ś 8. That, if any person shall purposely and maliciously
‘deface, or otherwise injure any of the mile stones, parapet walls,
“culverts, or bridges, or any of the masonry whatsoever, or any
of the gates or toll houses of and belonging to the said national
road in this state, as the same is now constructed, or may here-
after be constructed, every person so offending shall, upon
conviction thereof, be fined in a sum not more than five hundred
dollars, or be imprisoned in the dungeon of the jail of the county,
and be fed on bread and water only, not exceeding twenty days,
or both, at the discretion of the court.
“Ś 9. That if any person shall purposely fill, choak, or other-

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said road, now made or hereafter to be made, or shall connect
any private road or cartway with the said national road, with-
out making at the point of connection, a stone culvert, or
paved valley, or other good and sufficient fixture, so as to secure
a free passage for the water along such side drain, where such
private road or cartway connects with the said national road, or
if any person shall purposely and wilfully travel upon such parts
of said national road as are or may be in an unfinished state,
against the consent of the superintendent appointed by the United
States, or by this state, or shall remove any of the beacons
placed upon the said road so in an unfinished state as aforesaid,
for the diverting of the travel on and from said road, every
person so offending shall, upon conviction thereof, be, for every
such offence, fined in a sum not less than one nor more than ten

Unreasonable delay, &c.

Injuries to


Obstruction of

wise obstruct any of the side drains, valleys, gutters or culverts of drains, &c.

“Ś 10. That if any person shall stand his wagon and team, or Stopping on

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either of them, over night, upon the pavement of said road, now * made, or which may hereafter be made, or shall at any other ‘time, stand a wagon and team, or either of them, upon the said ‘pavement, for the purpose of feeding, or if he shall in any other ‘manner, purposely and wilfully obstruct the travel upon said “road, every person so offending shall, upon conviction thereof, “for every such offence, be fined in a sum not less than one nor ‘more than five dollars.


‘ $ 11. That if any person shall fast-lock or rough-lock either Locking of

“of the wheels of any wagon, coach, chaise, gig, sulky, carriage,
“or other two or four wheeled vehicle, while travelling upon the
‘pavement of said road, as now made, or which may hereafter
‘be made, (excepting however, such parts of said road as may be
“at the time of such locking, covered with ice,) every person so
“offending shall, upon conviction thereof, be fined in any sum not
“less than one nor more than five dollars.


§ 12. The supervisors of roads and highways through whose Culverts, &c. “districts the said national road does now or may hereafter pass, ****


Fines, &c. how to be recovered.

Alteration of this law.


Mode of paying tolls.


are hereby severally authorised and required at the connection
with, or intersection of any state, county or township road,
which now is or hereafter may be established under the laws of
this state, within their respective districts, to build and keep in
in repair, a good and sufficient stone culvert or paved valley, or
other good and sufficient fixture, in such manner as to admit of
a free passage for the water along the side drain or drains of
said national road, at the connection or intersection aforesaid,
and according to the grade thereof, as established by the United
States' superintendent of said national road.
‘S 13. That for the purpose of carrying into effect the pro-
visions of this act, the governor is hereby authorised to draw on
the state treasury, for any sum of money not exceeding two
thousand dollars, to be paid out of any money in the treasury
not otherwise appropriated: Provided, Said sum shall be
refunded to the state treasury out of the proceeds of the road
fund created by the provisions of this act, so soon as the same
shall be collected. -
‘S 14. That all fines, penalties and forfeitures incurred under
the provisions of this act, shall be recovered by indictment in
the Court of Common Pleas of the county where the offence was
committed, or by action of debt, in the name of the state of
Ohio, for the use of the road fund established by this act, which
action of debt may be brought before any justice of the peace or
other court having jurisdiction thereof, in the county where the
offence was committed, or such fine, penalty or forfeiture was
incurred; and it shall be the duty .." the superintendent, toll
gatherers, and of any other person who will complain of the
same, to prosecute all offences against the provisions of this
“Ś 15. That it shall be lawful for the General Assembly, at
any future session thereof, without the consent of Congress, to
change, alter, or amend this act: Provided, That the same shall
not be so changed, altered or amended, as to reduce or increase
the rates of toll hereby established, below or above a sum neces-
sary to defray the expenses incident to the preservation and
repair of said road, to the erection of gates and toll-houses
thereon, and for the payment of the fees or salaries of the super--
intendent, the collectors of tolls, and of such other agents as may
be necessarily employed in the preservation and repair of the
same, according to the true intent and meaning of this act.
‘S 16. That any person or persons shall have the privilege of
paying at either of the said gates, at the rates specified in this,
act, the amount of toll for any distance which such person or
persons may desire to travel on said road, and receive a certifi-
cate thereof, from the collector of tolls at such gate, which
certificate shall be a sufficient voucher to procure the passage.
of such person or persons through any other gate or gates
named in said certificate: Provided, That printed forms of such
certificates shall be furnished by the superintendent to be
appointed under the provisions of this act, to each collector of
tolls, and shall be countersigned by such superintendent, and
otherwise so devised as to prevent fraud or imposition; and no

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