thereto. shall severally give bond and security, according to law, before entering on the duties of their respective offices. They shall receive the same compensation, fees, and emoluments, and shall perform similar duties, and possess the same powers, with all other registers and receivers of public moneys of the United States, and shall, in all respects, be governed by the laws of the - United States providing for the sale of public lands. Quincy dis- § 6. And be it further enacted, That so much of the Edwardstrict; part of ville land district as lies north and northwest of the Illinois river, Edwardsville district added between said river and the Mississippi, be, and the same is hereby, attached to the Quincy land district, in the state of Illinois; and that ranges one and two west of the third principal meridian embracing all townships from the base line to the southern boundary of the Sangamon land district be, and the same is hereby, attached to the Vandalia land district in said state. The said transfer to be effected under the direction of the secretary of the treasury. Vandalia district; addition thereto. Demopolis district. Lands in §7. And be it further enacted, That all the lands situated south of the district line, and south of the dividing line between townships twenty and twenty-one, and north of the line dividing townships eleven and twelve, and west of the line dividing ranges nine and ten west, to the west boundary line of the state of Alabama, shall constitute a land district, to be known and called the the Demopolis district. § 8. And be it further enacted, That the lands in the United States, in the counties of Green and Marengo, now subject to Marengo Cos. sale in the Tuscaloosa, Cahawba, and Saint Stephen's land to be subject to sale at Demopolis land office. Register and receiver for Demopolis district. New land district in Indiana. districts, as comprehended in the above described district : Provided, That the land district hereinafter created by the tenth section of this act, shall be bounded on the south by the line dividing townships twenty-six and twenty-seven, and on the east by the line dividing ranges six and seven, and the lands in said district now in market, shall be subject to entry at the land offices at Crawfordsville and Fort Wayne as heretofore, until the first day of July next, and no longer; shall, from and after the first day of June next, be subject to sale at the land office in the said Demopolis land district; and it shall be the duty of the registers of Tuscaloosa, Cahawba and Saint Stephens, under instructions from the commissioner of the general land office, to transfer all such books, maps, records, field notes, and plats, or transcripts thereof, relating to the surveys of the public lands hereby added to the said Demopolis land district, to the register of the Demopolis land district. § 9. And be it further enacted, That there shall be a register and receiver appointed for the said land district, with the same compensation, fees, and emoluments, and who shall perform all the duties usually performed by registers and receivers appointed to superintend the sale of the public lands of the United States. § 10. And be it further enacted, That all that district of country, in the state of Indiana, lying west of the line dividing ranges seven and eight east of the second principal meridian, and north of the line dividing township twenty-four and twenty-five, shall form a separate land district; and the land office for the Office at La. CHAP. 378. An act declaring the assent of Congress to an act of the President may move the § 1. Be it enacted, &c. That the assent of the United States Assent of U. be, and the same is hereby, given to an act of the General S. Assembly of Virginia, entitled "An act concerning the Cumberland road," passed February the seventh, one thousand eight hundred and thirty-two; such assent to remain in force during the pleasure of Congress: Provided, That this act shall not be Proviso: U. construed as preventing the United States from resuming what- S. may reever jurisdiction it may now have over the said road, whenever, sume jurisdiction. in its discretion, it shall deem it proper so to do; which act of the said General Assembly is in the words and figures following, to wit: Be it enacted by the General Assembly, that whenever the Act of Va. Government of the United States shall have surrendered so much of the road, commonly called the Cumberland road, as lies within the limits of this state, the president and directors of the board of public works shall be, and they are hereby authorised to take the same under their care in behalf of this state; and to roll gates. cause a gate or gates, and a toll-house or houses, to be erected on said road: Provided the same shall not exceed two in number. and tolls. Be it further enacted, That a superintendent shall be appointed Superintenby the president and directors of the board of public works, dent of road removable at pleasure, whose duty it shall be to erect said gate Duties. or gates, and toll-house or toll-houses, and to exercise all reasonable vigilance and diligence in the care of said road committed to his charge; to contract for, and direct the application of, the labour, materials, and other things necessary for the repair, improvement, and preservation of said road; and he shall pay for the same out of the fund arising from the tolls; he shall have power to appoint and remove at pleasure, the collectors of tolls, and Toll collec to take from such collector or collectors, bond with good security, tors. conditioned for his, her, or their faithful discharging his, her, or their duty, and accounting for, and paying over, to such superintendent or his successor in office, all moneys or tolls by him, her, or them collected or received; and it shall be the duty of Accts. of the superintendent every six months, before the county or supe- Supt. Oath ; Bond: Deposite for tolls, &c. rior court for Ohio county, or before some one by either of said courts appointed for that purpose, to render, under oath, an account of all moneys by him received or expended, particularly setting forth, in such account, the time when, and from whom, he shall have received such money, and the time when, and to whom, and on what account, the same shall have been disbursed or expended. He shall before he shall have entered on the duties of said office, take, before the county court of Ohio county, or some justice of the peace for said county, an oath, that he will faithfully, justly, and impartially discharge the duties of his said office; and he shall, also, before said court, enter into bond, with two good securities, at least, in the penalty of ten thousand dollars, conditioned for his faithfully performing, in all things, the duties of his office of superintendent, to account, as is before provided for, and also to pay over to his successor or successors in office or to such persons as the county court of Ohio county may, for this purpose, name and appoint, all tolls by him received, and not expended, by virtue of the provisions of this act. He shall, immediately on receipt thereof, deposite in the North-western Bank of Virginia, all moneys by him received for tolls or otherwise, and the same, as superintendent, check for, as he may want the same in repairing, improving, or preserving said road. And in case of death, resignation, or removal from office, or from the state, any and all moneys standing to his credit in bank, as superintendent, shall be passed to the credit of his successor in Failure to office. If the superintendent shall fail or omit, for two calendar render ac'ct. months, to render his accounts as is before required, he shall, for every such failure, forfeit and pay, for the benefit of said road fund, five hundred dollars, to be recovered as is after provided for; or, if he shall fail or omit to pay over all moneys in his hands as is before required, it shall be lawful, in the name of the president and directors of the board of public works, to obtain judgment against him, his security or securities, his or their heirs, executors, or administrators, upon motion in the county or superior courts of Ohio county, upon giving ten days' notice to such superintendent, his security or securities, his or Judgment in their heirs, executors or administrators. In all motions, actions, or bills in chancery against such superintendent, his security or securities, his or their heirs, executors, or administrators, whenever judgment or decree shall be pronounced against the defendant or defendants, for any money by such superintendents wrongfully detained, such judgment shall be for the principal sum due, with interest thereon from the time at which the principal sum shall have been due, together with fifteen per centum damages thereon, to be made and levied in manner provided for by Accts. of col- law. The said collectors shall monthly, or oftener if required by the superintendent, under oath, account for, and pay to the superintendent then in office, all moneys or tolls collected by him or them, and which shall remain, affer deducting his or their compensation; and if such collector or collectors shall fail herein, it shall be lawful for the superintendent, in the name of the president and directors of the board of public works, to obtain judgment against such collector or collectors, his, her, or their security or action for failure. lectors. collectors. securities, his or their heirs, executors, or administrators, by motion in the county or superior court for Ohio couuty, for the sum he, she, or they may be in arrear, with interest and damages as is above provided for in the case of defaulting superintendents: Provided, That such collector or collectors, his, her, or their Proviso. security or securities, his or their heirs, executors, or administrators, shall [have] had ten days' previous notice of such motion. When the said collector shall have paid over to the super- Receipts to intendent, the superintendent shall give him duplicate receipts therefor, one of which he, the said the collector, upon pain of forfeiting fifty dollars for every failure, shall file with the clerk of the county court of Ohio county. The bonds hereby required of Bonds. superintendents or collectors shall be made payable to the president and directors of the board of public works, and be deposited, for safe keeping, with the clerk of the county court of Ohio county. But all moneys, and all fines and forfeitures Fines and recovered of them, or either of them, shall be collected and forfeitures. received by the superintendent, in office, or by such person as the county court of Ohio county may appoint to receive the same. The said superintendent, and the said collector or collec- Compensa tors, shall be allowed by the county court of Ohio county a and collectors. reasonable compensation for their services; to be by them respectively retained out of said tolls, or the proceeds thereof: Provided, however, That the compensation of the superintendent shall not exceed three hundred and thirty-three and one-third dollars per annum. And for the better order and management Instructions of the said fund, and the preservation of said road, the said from Bd. of superintendent and collector or collectors, shall observe and P. works. conform to such instructions as the president and directors of the board of public works may, from time to time, prescribe. tion of Supt. That, as soon as the said gates and toll-houses shall be erected, Tolls to be it shall be the duty of the said toll collector, or collectors, and collected. 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 gate or gates, until they shall have respectively paid for passing the same; that is to say; if there be but one gate, for every Rates, if one score of sheep or hogs, six and a quarter cents; for every score gate. of cattle, twelve and a half 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 a quarter cents; for every sled or sleigh, drawn by one horse, or ox, six and a quarter cents; for every horse or ox in addition, three cents; for every dearborn, sulky, chair, or chaise, with one horse, six and a quarter cents; for every horse in addition, six and a quarter cents; for every chariot, coach, coachee, stage, or phaeton with two horses, twelve and a half cents; for every horse in addition, six and a quarter cents; for every other carriage of pleasure, by whatever name it may be called, the like sum, according to the number of wheels and horses drawing the same; for every cart, or wagon, whose wheels do not exceed two and a half inches in breadth, twelve and a half cents; for each horse or ox drawing Persons exempt from tolls. U. S. mail, the same, four cents; for every cart or wagon, whose wheels shall exceed two and a half inches in breadth, and not exceeding four inches, six and a quarter 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 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 said gates free and clear of all tolls: Provided however, That nothing in this act shall be so construed as to authorise any tolls to be received or collected from any person passing to or from public worship, or to or from a visit to a friend, or other place within the county in which he resides, or to or from any musters, elections, or courts, 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 school, or to or from his common place of trading or marketing within the county in which he resides, including the wagons, carriages, and horses, or oxen drawing the same: Provided, also, That no toll shall be received &c. exempt. or collected for the passage of any stage or coach conveying the United States' mail, or horses bearing the same, or any wagon or carriage laden with property of the United States, or any cavalry or other troops, army or military stores, belonging to the same, or to any of the states comprising the Union. or any person or persons on duty in military service of the United States, or of the Commutation militia of the states: And provided, further, That the superintendent may commute the rates of tolls with any person or persons by taking of him or them a certain sum, annually, in lieu of the tolls aforesaid: And provided, further, If two gates shall be erected on said road, then only onc-half of the said rates or tolls shall be received or collected at each gate; and that the superintendent and three discreet freeholders of Ohio county, to be appointed for this purpose by the County Court of Ohio county, shall determine the number of gates (not exceeding two as aforesaid) and the site or location of such gate or gates; and said superintendent and persons to be appointed by the County Court as aforesaid, are duly authorised to purchase, for the purpose of erecting a toll-house or toll-houses on said road, as much ground as they shall deem necessary and advantageous to said road fund; to be paid for out of the tolls aforesaid. of tolls. Rates, if two gates. Site for gates. Cumberland road fundhow to be applied. Power of assembly to amend. Proviso: Be it further enacted, That the moneys so collected, and all fines, penalties, and forfeitures, accruing under this act, shall constitute a fund, to be denominated the Cumberland road fund, and shall be applied by the superintendent to be appointed as aforesaid, solely and exclusively to the preservation, repair, and improvement of said road, and the expenses incident thereto, and to no other purpose whatever. Be it further enacted, That the General Assembly reserves to itself 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 or below, &c. sum necessary to defray the expenses incident to the repair and preservation of said road, to the erection of gates and toll-houses Rates not to be raised or reduced above |