556

TWENTY-SECOND CONGRESS. Sess. I. Ch. 153.

1832.

Mattanawcook to Mars’ hill, in Maine , for widening said road, and forcontingencies, twenty-one thousand dollars.

Michigan. For continuing the road from Detroit to Chicago , fifteen thousand

dollars.

than eight inches, two cents for every horse or pair of oxen drawing the same ; all other carts or wa-gons whose wheels shall exceed eight inches in breadth shall pass the said gates free of tolls: Pro-vided, That the superintendent, after he is appointed by this act, may commute the rates of toll withany person or persons, by taking of him or them a certain sum annually, in lieu of the tolls aforesaid :And provided also, That nothing in this act shall be construed so as to authorize any tolls to be receivedor collected from any person or persons passing or repassing from one part of his farm to another, orto or from a mill, or to or from any place of public worship, funeral, militia training, elections, or fromany student or child going to or from any school or seminary of learning, or from persons and witnessesgoing to and returning from courts : And provided further, That no toll shall be received or collectedfor the passage of any wagon or carriage laden with the property of the United States , or any cannonor military stores belonging to the United States or to any of the states composing this Union.

Sec. 3. And be it further enacted, That the said superintendent, after his appointment as aforesaid,shall appoint proper and suitable persons as toll-gatherers, who shall settle their accounts every threemonths from the time of their appointments, and at all other times when thereunto required by the saidsuperintendent; and shall, at all times, pay over to the said superintendent, on demand, the amount oftolls by them or either of them collected; and the said superintendent shall have authority to removeany toll-gatherer, appointed by him, for misbehaviour in his office, and appoint another in his place;and it shall be the duty of the said superintendent to render, semi-annually, to the county court of Alle-gany county, at its fixed meetings by law on the third Monday of April and second Monday of October,an account of the tolls received and expenses incurred on said road, on oath or affirmation ; which ac-count, when ratified and confirmed by the said court, shall be published by the said superintendent insome newspaper printed in Allegany county; and the said superintendent shall, also, on-or before thefirst Monday of December, annually, hereafter, transmit to the governor and council of this state, aduplicate of his said accounts aforesaid ; and it shall be the duty of the governor of this state to lay thesame before the General Assembly in his annual message. And the said superintendent shall receivea compensation of two dollars per day for every day that he shall be engaged on the business of saidroad: Provided, That the annual compensation to said superintendent shall not exceed the sum of fivehundred dollars.

Sec. 4. And be it further enacted, That the amount of tolls, after deducting therefrom the expensesand charges of collection, and compensation of superintendent, shall be applied, under the directionof said superintendent, to the repairs and preservation of said road, in such manner, and under suchregulations, as he from time to time may prescribe and direct, and to no other purpose whatsoever.

Sec. 5. And be it further enacted, That directors shall be set up at proper and convenient situations,to caution all conductors and drivers of carriages on the road aforesaid, that they shall at all times passon the left of each other, under the penalty of two dollars for every offence.

Sec. 6. And be it further enacted, That, if any of the toll-gatherers shall unreasonably delay or hinderany passenger or traveller at any of the gates, or shall demand or receive more toll than may be esta-blished by this act, he shall, for each and every offence, forfeit and pay to the party so aggrieved the sumof twenty dollars.

Sec. 7. And be it further enacted, That, if any person or persons shall wilfully, and of purpose,throw down, or otherwise injure any of the walls, bridges, culverts, or other works, on said road, orshall otherwise wilfully injure or obstruct the passage of the said road unnecessarily, the person orpersons so offending shall forfeit and pay for every such offence any sum not less than five nor morethan fifty dojlars, to be collected and applied as is directed in the ninth section of this act.

Sec. 8. And be it further enacted, That the toll-gatherers on said road shall, respectively, receivecompensation for their services at the rate of twelve per centum on the amount of tolls by them, respec-tively, collected: Provided, That the annual compensation of any toll-gatherer shall never exceed thesum of two hundred dollars.

Sec. 9. And be it further enacted , That the penalties and forfeitures which may be incurred under thisact, shall and may be sued for and recovered in the name of “ the superintendent of that part of theUnited States’ road within the limits of the state of Maryland, ” without naming him as an individual,or of any person prosecuting the same; the one half thereof to the use of the state of Maryland , theother to the person so prosecuting for the same before a justice of the peace in Allegany county, asother small debts are recovered, with the privilege of an appeal to the county court, as in cases ofsmall debts.

Sec. 10. And be it further enacted , That the toll-gatherers shall exhibit their accounts from time totime to the superintendent, upon oath, as directed in this act; and they shall, moreover, before they actas toll-gatherers, and annually thereafter, give bond, with security, to the state of Maryland , in thepenalty of one thousand dollars, to be approved by the superintendent, for the faithful performance ofthe duties devolving on them by this act, with a condition, as follows, or to the following effect: “ Nowthe condition of the above obligation is such, that, if the above bound shall, at the

end of every three months from the time of receiving his appointment, and at all other times whenthereunto required, pay over, well and truly, to the said superintendent the whole amount of tolls byhim collected as toll-gatherer aforesaid, then the above obligation to be void, otherwise to be in fullforce and virtue in law.”

Sec. 11. And be it further enacted, That the said superintendent, before he acts as such, and annuallythereafter, shall give bond to the state of Maryland , with such security as any one of the judges of thefifth judicial district shall approve, in the sum of four thousand dollars, with the following condition, orto the following effect; “Now the condition of the above obligation is such, that, if the above

shall well and faithfully discharge the duties of superintendent, a!)d shall pay over, lay out,and expend, all moneys which he may receive as the superintendent of that part of the United States 5