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thereon, and for the payment of the fees or salaries of the super-
intendent, the collector of tolls, and of such other agents as may
be necessarily employed in the preservation and repair of the
said road, according to the true intent and meaning of this act.
Be it further enacted, That directors shall be set up, at
and convenient situations, to caution all conductors and drivers
of carriages or wagons on the road, as aforesaid, that they shall
always 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 printed the rates of toll as is provided for in this act ; and

Directors to be set up on

road, &c.

if any toll collector shall unreasonably delay or hinder any pas- Delay of passenger or traveller at any of the gates, or shall demand or receive sengers, &c. more toll than is by this act established, he shall, for each and every such offence, forfeit and pay to the party aggrieved, the sum of ten dollars.

&c.

Be it further enacted, That if any person shall purposely and Wilful inju maliciously deface, or otherwise injure any of the milestones, ries to road, parapet walls, culverts, or bridges, or any masonry whatsoever, or any of the gates or toll-houses of, or belonging to the said Cumberland road, in this state, as the same is now constructed, or may hereafter be constructed, every person so offending, upon conviction thereof, or judgment, information, or presentment, in the county or superior court of Ohio county, [shall be fined in a sum not exceeding five hundred dollars, or imprisonment in the jail of Penalty. the county not exceeding six months, or both, at the discretion of the court; and if any person shall purposely fill, choke, or Choking, otherwise obstruct any of the side drains, valleys, gutters, or cul- &c. drains. verts of said road now made, or hereafter to be made, or shall connect any private road or cartway with the said Cumberland road, or if any surveyor of a county road shall connect the same with the said Cumberland road, without 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 or county road or cartway connects with the said, Cumberland road, and so as to secure such Cumberland road from injury by reason of such county or private road, or way, being connected with said Cumberland road, every person so offending

shall upon conviction thereof, be, for every such offence, fined in Penalties. a sum not less than five dollars, nor more than twenty dollars; Standing and if any person shall stand his wagon and team, or either of wagons, &c. 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, or if he Locking shall fast-lock or rough-lock either of the wheels of any wagon, wheels. coach, chaise, gig, sulky, carriage, or other two or four wheeled vehicle while travelling upon said road as now made, or as it may hereafter be made, (excepting, however, such parts of said road as may be, at the time of said locking, covered with ice,) Penalty. every person so offending shall, upon conviction thereof, be fined in a sum not less than two, nor more than twenty dollars.

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Buildings subject to debts for work, &c.

Be it further enacted, That all fines, penalties, and forfeitures, incurred under the provisions of this act, may be recovered by presentment or indictment in the county or superior courts of Ohio county, or by information or action of debt in the name of the governor, for the use of said road fund, in the same courts; or, the said fines, penalties, and forfeitures, where the same shall be less than twenty dollars, may be recovered by action of debt in the name and for the use aforesaid, before any justice of the peace for Ohio county; but an appeal may be had, as in other cases, to the next monthly court of Ohio county, from the judgment of any justice of the peace, when the same shall be a greater sum than five dollars, exclusive of costs, and it shall be the duty of the superintendent and collectors of tolls to prosecute all offences against the provisions of this act, and he or they shall not be liable for costs where the person or persons prosecuted shall be acquitted, unless the court or justice will certify that the prosecution is groundless, and without good cause.

Be it further enacted, That if more than one gate be erected upon said road, it shall be lawful for any person, desirous to do so, to pay the whole toll at any one gate, and, thereupon, the collector shall grant him a proper certificate thereof, which certificate shall be a sufficient warrant to procure his passage through the other gate.

Be it further enacted, That this act shall not have any force or effect till the government of the United States shall assent to the

same.

VIRGINIA, Richmond city, to wit:

I, George W. Mumford, clerk of the House of Delegates, and keeper of the rolls of Virginia, do certify that the foregoing is a true copy of an act concerning the Cumberland road, passed February the seventh, eighteen hundred and thirty-two.

Given under my hand this thirteenth day of February, eighteen hundred and thirty-two. [Approved, March 2, 1833.]

CHAP. 379. An act to secure to mechanics and others payment for labour done and materials furnished in the erection of buildings in the District of Columbia.

§ 1. Be it enacted, &c. That all and every dwelling-house, or other building, hereafter constructed and erected within the city of Washington, in the town of Alexandria, or in Georgetown, in the District of Columbia, shall be subject to the payment of the debts contracted for, or by reason of any work done or materials found and provided by any brickmaker, bricklayer, stonecutter, mason, lime merchant, carpenter, painter and glazier, ironmonger, blacksmith, plasterer, and lumber merchant, or any other person or persons employed in furnishing materials for, or in the erecting and constructing such house or other building, before any other lien which originated subsequent to the commencement of such If buildings house or other building. But if such dwelling-house, or other building, or any portion thereof, shall have been constructed under contract or contracts, entered into by the owner thereof, or his or her agent, with any person or persons, no person who may have done work for such contractor or contractors, or furnished materials to him, or on his order or authority, shall have or pos

be made un

der contract, no person who, &c. to have lion,

sufficient

cient satisfac

sess any lien on said house or other building, for work done or materials so furnished, unless the person or persons so employed unless he give by such contractor to do work on, or furnish materials for, such notice. building, shall, within thirty days after being so employed, give notice in writing, to the owner or owners of such building, or to his or to their agent, that he or they are so employed to work or to furnish materials, and that they claim the benefit of the lien granted by this act. And if such house or other building should If building do not sell for a sum sufficient to pay all the demands for such work not sell for and materials; then, and in such case, the same shall be averaged, sum, &c. and each of the creditors paid a sum proportionate to their seve- Limitation of ral demands: Provided, always, That no such debt for work and lien. materials shall remain a lien on the said houses or other buildings longer than two years from the commencement of the building' thereof, unless an action for the recovery of the same be instituted, or the claim filed, within three months after performing the work or furnishing the materials, in the office of the clerk of the court for the county in which the building shall be situated: And Persons havprovided, also, That each and every person, having received ing rec'd suffi satisfaction for his or their debt, for which a claim has been or tion shall shall be filed, or action brought as aforesaid, shall, at the request of any person interested in the building on which the same was a lien, or in having the same lien removed, or of his or their legal representative, on payment of the costs of the claim or action, and on tender of the costs of office for entering the satisfaction, within six days after such request made, enter satisfaction of the enter satisfac claim in the office where such claim was or shall be filed, or such action brought, which shall forever thereafter discharge, defeat, and release the same; and if such persons, having received such not so doing. satisfaction as aforesaid, by himself or his attorney, shall not, within six days after request and payment of the costs of the claim or action, and tender as aforesaid, by himself or his attorney, duly authorised, enter satisfaction as aforesaid, he, she, or they, neglecting or refusing so to do, shall forfeit and pay unto the party or parties aggrieved any sum of money, not exceeding one-half of the debt, for which the claim was filed, or action brought as aforesaid, to be sued for and demanded by the person or persons indemnified, in like manner as other debts are now recovered by the existing laws for the recovery of debts.

tion.

Penalty for

recover under

§ 2. And be it further enacted, And in all cases of lien created Mode of proby this act, the person having a claim filed agreeably to its pro- ceeding to visions, may, at his election, proceed to recover it by personal this act. action, according to the nature of the demand, against the debtor, his executors, or administrators, or by scire facias against the debtor, or owner of the building; and where the proceedings are by scire facias, the writ shall be served in like manner as a summons upon the persons named therein, if to be found within the county, and if not found within the county, then by fixing a copy of the writ upon the door of the building against which the claim is filed; and upon the return of service and failure of the defendants to appear, the court shall render judgment as in the case of a summons; but if they, or either of them, appear, they may plead and make defence, and the like proceedings shall be

Proviso.

Leg. council may alter,

&c.

Gov'r may alter, &c.

Gov'r to select 20 sections, and sell.

Act of 1827, c. 210, vol. p. 2063.

3,

In what quan

tities and for

what price.

had as in personal actions for the recovery of debts: Provided,
That no judgment rendered in such scire facias shall warrant the
issuing an execution, except against the building or buildings
upon which the lien existed as aforesaid. [Approved, March 2,
1833.]

CHAP. 381. An act authorising an alteration in the election districts
for members of the legislative council of the territory of Michigan.
§ 1. Be it enacted, &c. That the legislative council of the terri-
tory of Michigan be, and hereby is, authorised to provide for
such alterations in the election districts of said territory as will
more effectually secure to the different sections of said territory
a more equal representation in said legislative council.

§ 2. And be it further enacted, That if the said legislative council shall have adjourned before the first day of April next, the governor of said territory shall, by proclamation, district the said territory according to the provisions of the foregoing section. [Approved, March 2, 1833.]

CHAP. 382. An act supplementary to an act, entitled "An act concerning a seminary of learning in the territory of Arkansas,” approved the second of March, eighteen hundred and twenty-seven.

§ 1. Be it enacted, &c. That the governor of the territory of Arkansas shall select twenty of the sections of public land reserved by the act entitled "An act concerning a seminary of learning in the territory of Arkansas," approved the second of March, eighteen hundred and twenty-seven; and, after advertising and proclaiming them for sale in the several newspapers printed in Arkansas, and such other papers as he may deem expedient, he shall proceed to sell the same for cash, at some notorious place in Little Rock, to be designated in said advertisement, to the highest bidder.

2. And be it further enacted, That the said governor shall proclaim and sell the same in quantities not exceeding one half section, nor shall any sale be made for a price less than one dollar and Certificates of twenty-five cents per acre. It shall be the duty of the governor purchase, &c. to give to the purchaser a certificate of his purchase; and he

Proceeds to

&c.

shall also make a return to the register and receiver of the land office at Little Rock, of the quantity sold, the number of the section, range, township, and such other description of the land as he may deem necessary; the price for which each parcel sold, and to whom sold; and he shall also communicate to the legislature of the territory of Arkansas, a duplicate of the same, upon -which a patent shall issue to the purchasers, as in other cases of sales of public lands.

§3. And be it further enacted, That the money arising from the be applied to, sales of the said twenty sections, or such portions of them as may be sold from time to time, after paying the reasonable expenses incurred in making the selections of the two townships under the before recited act, and the expenses of selling the same under this act, shall be applied to the erection of suitable buildings, for a seminary of learning at such place as may be designated, and

under such terms and conditions as may be prescribed by the legislature of Arkansas.

treasurer's

§4. And be it further enacted, That it shall be the duty of the Proceeds to governor of said territory to pay the net proceeds of said sales be paid into into the office of the treasurer of said territory, who shall be office. responsible for the same as other public moneys; and who shall not pay out the whole, or any part thereof, for any other objects or purposes than such as are provided for by the act of the second of March, eighteen hundred and twenty-seven, to which this is a supplement, and by this act, and in obedience to the laws of the legislature of said territory, made to carry into effect the provisions of this act, and the said recited act.

§ 5. And be it further enacted, That the governor of the said Gov'r may territory shall be authorised to lease, for a term not exceeding five lease, &c. years, at any one time, the remainder of the two townships granted by the said act, and to apply the proceeds arising therefrom to the purposes aforesaid; and he shall render, once in two years, an account of the same to the legislature of said territory, and pay over the money to the treasurer of said territory. [Approved, March 2, 1833.]

c. 180, ante, p. 2305.

to, &c.

CHAP. 383. An act supplemental to the act entitled "An act for the Act of 1832, final adjustment of land claims in Missouri." §1. Be it enacted, &c. That the provisions of the act to Provisions of which this is a supplement, shall be extended to, and embrace in act extended its operations, every claim to a donation of land in the state of Missouri, held in virtue of settlement and cultivation; and the commissioners appointed under the above recited act, shall proceed to consider, decide, and report upon the aforesaid claims, under the provisions of the several acts of Congress heretofore passed in relation to said claims, and under such provisions and restrictions of the act to which this is a supplement, as may be applicable thereto.

2. And be it further enacted, That it shall and may be Testimony t lawful for the recorder and commissioners aforesaid, to continue be taken. to take the testimony of all such claims as heretofore described, for and during the term of two years, from the date of the act to which this is a supplement, any law to the contrary notwithstanding. [Approved, March 2, 1833.]

CHAP. 384. An act authorising the removal of the office of surveyor general of public lands south of Tennessee.

§1. Be it enacted, &c. That after the first day of April next, the office of surveyor general of public lands south of Tennessee, shall be kept at Jackson, the seat of government of the state of Mississippi.

§ 2. And be it further enacted, That all accounts for surveys of public lands in the state of Louisiana, not approved before the first day of April next, shall be presented, with the proper returns of such surveys, to the office of the surveyor general of public lands for the state of Louisiana, for settlement and allowance. [Approved, March 2, 1833.]

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