486

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

Appropriation.

Fines, &c. howto be recovered.

Alteration ofthis law.

Proviso.

Mode of pay-ing tolls.

Proviso.

authorized and required at the connection with, or intersection of, anystate, county or township road, which now is or hereafter may be esta-blished under the laws of this state within their respective districts, to buildand keep in repair a good and sufficient stone culvert or paved valley, orother good and sufficient fixture, in such manner as to admit of a freepassage for the water along the side drain or drains of said national road,at the connection or intersection aforesaid, and according to the gradethereof, as established by the United States ’ superintendent of saidnational road.

“ Sec. 13. That, for the purpose of carrrying into effect the provisionsof this act, the governor is hereby authorized to draw on the state trea-sury for any sum of money not exceeding two thousand dollars, to bepaid out of any money in the treasury not otherwise appropriated : Pro-vided, said sum shall be refunded to the state treasury out of the proceedsof the road fund created by the provisions of this act, so soon as the sameshall be collected.

“ Sec. 14. That all fines, penalties and forfeitures incurred under theprovisions of this act, shall be recovered by indictment in the court ofcommon pleas of the county where the offence was committed, or byaction of debt, in the name of the state of Ohio , for the use of the roadfund established by this act, which action of debt may be brought beforeany justice of the peace or other court having jurisdiction thereof in thecounty where the offence was committed, or such fine, penalty or forfei-ture was incurred; and it shall be the duty of the superintendent, toll-gatherers, and of any other person who will complain of the same, toprosecute all offences against the provisions of this act.

“ Sec. 15. That it shall be lawful for the General Assembly, at anyfuture 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 es-tablished, below or above a sum necessary to defray the expenses incidentto the preservation and repair of said road, to the erection of gates andtoll-houses thereon, and for the payment of the fees or salaries of thesuperintendent, the collectors of tolls, and of such other agents as maybe necessarily employed in the preservation and repair of the same, ac-cording to the true intent and meaning of this act.

“ Sec. 16. That any person or persons shall have the privilege of pay-ing at either of the said gates, at the rates specified in this act, theamount of toll for any distance which such person or persons may desireto travel on said road, and receive a certificate thereof from the collectorof tolls at such gate, which certificate shall be a sufficient voucher toprocure the passage of such person or persons through any other gate orgates named in said certificate: Provided, That printed forms of suchcertificates shall be furnished by the superintendent to be appointedunder the provisions of this act to each collector of tolls, and shall becountersigned by such superintendent, and otherwise so devised as toprevent fraud or imposition; and no certificate shall be considered asvalid under this section unless such certificate shall be authenticated asaforesaid.

“ Sec. 17. That the act, entitled ‘ An act for the prevention of in-juries to the national road in Ohio, ’ passed February eleventh, eighteenhundred and twenty-eight, be, and the same is hereby, repealed: Pro-vided however, That all actions and prosecutions w'hich may now bepending shall be prosecuted to final judgment and execution, and alloffences committed before the taking effect of this act shall be prose-cuted and punished in the same manner as if the above-mentioned actwas not repealed.”

Approved, March 2, 1831.