TWENTY-FIRST CONGRESS. Sess. II. Ch. 97. 1831.

483

location, And provided further, That such locations shall be made and Proviso,patents issued therefor, under the same regulations and restrictions, as ifthe locations had been made under the provisions of the second sectionof the act of the twenty-sixth April, one thousand eight hundred and Act of Apriltwenty-two, entitled “An act to perfect certain locations and sales of the 26 > 1822, ch.40.public lands-in Missouri .”

Sec. 2. And he it further enacted, That this act shall remain in forcefor the term of eighteen months from the passage thereof.

Approved, March 2, 1831.

Statute II.

Chap. XCVII.— Jin Act declaring the assent of Congress to an act of the generalassembly of the state of Ohio , hereinafter recited, (a)

Be it enacted hy the Senate and House of Representatives of the UnitedStates of America, in Congress assembled, That the consent of the Uni-ted States shall be, and is hereby, given to an act of the General Assem-bly of the state of Ohio , entitled “An act for the preservation and repairof the United States ’ road,” passed the fourth day of February, in theyear of.our Lord one thousand eight hundred and thirty-one, which actis in the words and figures following, to wit:

“Be it enacted by the General Assembly of the state of Ohio , Thatwhenever the consent of the Congress of the United States to this actshall be obtained, the governor of this state shall be, and he is hereby,authorized to take under his care, on behalf of this state, so much of theroad commonly called the National Road, within the limits of this state,as shall then be finished, and also, such other sections or parts thereofas may thereafter be progressively finished within the limits aforesaid,whenever the same shall be completed; and he shall be, and is herebyauthorized to cause gates and toll-houses to be erected on said road, atsuch finished parts thereof as he shall think proper, for the purpose ofcollecting tolls, as provided by the fourth section of this act: Provided,The number of gates aforesaid shall not exceed one on any space or dis-tance of twenty miles.

“ Sec. 2. That a superintendent shall be appointed by the governor,whose duty shall be to exercise all reasonable vigilance and diligencein the care of the road committed to his charge; to contract for, anddirect the application of the labour, materials, and other things neces-sary for the preservation, repair, and improvement thereof; he shall payfor the same out of such sums as the governor shall furnish him for thatpurpose, subject to such responsibility and accountability as the saidgovernor shall dictate; and shall conform to such instructions as thegovernor shall prescribe for his conduct, in all particulars relative to hissaid trust: he may be empowered to suspend the functions of any toll-gatherer for alleged misconduct, till the pleasure of the governor shallbe known, and to fill the vacancy thereby occasioned during such inter-val ; and it shall be his duty to give information of the facts in such caseto the governor, without any unnecessary delay; the said superintendentshall hold his office during the pleasure of the governor, who shall allowhim a reasonable compensation for his services.

“ Sec. 3. That the governor be, and he is hereby, authorized to appoint

March 2, 1831.

Cumberland

road.

Toll gates.

Superintendent.

Toll-collectors.

(a) Under the acts of Congress, and of the state of Ohio , relating to the surrender and acceptance ofthe Cumberland road, a toll charged upon passengers travelling in mail carriages, without being charged,also, on passengers travelling in other carriages, is against the contract, and void. Neil, Moore & Co.v. The State of Ohio , 3 Howard, 720.

It rests altogether in the discretion of the Postmaster General, to determine at what hours the mailshall leave particular places, and arrive at others, and to determine whether it shall leave the same placeonly once a day, or more frequently. Ibid.

It is not, therefore, the mere frequency of the departure of the carriages, carrying the mail, that con-stitutes an abuse of the privilege of the United States , but the unnecessary division of the mail-bagsamong a number of carriages, to evade the payment of tolls. Ibid.