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trict in said state, the said transfer to be effected under the direction of the Secretary of the Treasury.

SECT. 7. And be it further enacted, That all the lands situated south of the district line, and south of the diving 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 Demopolis district. SECT. 8. And be it further enacted, That the lands in the United States in the counties of Green and Marengo, now subject to sale in the Tuscaloosa, Cahawba, and Saint Stephen's land districts, or 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 at Tuscaloosa, Cahawba and St. 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.

SECT. 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.

SECT. 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 townships twenty-four and twenty-five, shall form a separate land district; and the land office for the sale and disposal of all the public lands in said district, shall be, and hereby is, established at Laporte; and for said land office, a Register and Receiver shall be appointed in like manner, and be subject to like

rules and regulations, and receive the same salary, fees and compensation for their services, as is designated and provided for in other cases by the fifth section of this. act; and it shall be the duty of the Secretary of the Treasury, as soon as it can be done, to cause the necessary tract books, plats, maps, and surveys of the public lands in said district, to be filed in said office: Provided, That the President may, whenever in his judgment the public interest and the convenience of the people require it, remove said office to a more central and suitable place in said district.

CHAP. 77. An Act making provision for the publication of the documentary History of the American Revolution.

CHAP. 78. An Act declaring the assent of Congress to an act of the General Assembly of the State of Virginia hereinafter recited.

SECT. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the assent of the United States be, and the same is hereby given to an act of the General 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 construed as preventing the United States from resuming whatever jurisdiction it may now have over the said road, whenever, 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 Government of the United State 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 authorized to take the same under their care in behalf of this state; and to 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.

Be it further enacted, That a superintendant shall be appointed by the President and Directors of the Board of Public Works, removable at pleasure, whose duty it shall be to erect said gate or gates, and toll-house or toll houses, and to exercise all reasonable vigilance and diligence ia

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 to take from such collector or collectors, bond with good security, conditioned for his, her, or their faithfully discharging his, ber, or their duty, and accounting for, and paying over to such superintendent or his successors in office, all moneys or tolls by him, her or them collected or received; and it shall be the duty of the superintendent every six months, before the county or superior 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 person 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 the receipt thereof, deposit in the Northwestern 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 office. If the superintendent shall fail or omit, for two calendar 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 se curities, 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 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 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 after 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 securities, his or their heirs, executors or administrators, by motion in the county or superior court for Ohio county, 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 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 superintendent, 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 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 recovered of them, or either of them, shall be collected and 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 collectors, shall be allowed by the county court of Ohio county a reasonable compensation for their services; to be by them respectively retained out of said tolls or the proceeds thereof: Provided, however, That the compensation to the superintendent shall not exceed three hundred and thirty-three and one-third dollars per annum. And for the better order and management of the said fund, and the preservation of said road, the said superintendent and collector or collectors, shall observe and conform to such instructions as the president and directors of the Board of Public Works may, from time to time prescribe.

That, as soon as the gaid gates and toll-houses shall be erected, it shall be the duty of the said toll-collector, or collectors, and 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 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 score of sheep or hogs, six and a quarter cents; for every score 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 dearborne, 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 the same, four cents; for every cart or wagon whose 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 aet shall be so constructed as to authorize any tolls to be received or collected from any person passing to or rom 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 wood land, 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 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 militia of any of the states: And, provided further That the sup rintendent 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 errected on said road, then only one half of the said rates or tolls shall be received or collected at each gate; and that the superintendent and three discreet free holders 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 authorized to purchase, for the purpose of erecting a tollhouse 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.

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 the sum necessary to defray the expenses incident to the repair and preservation of said road, to the erection of gates and toll-houses thereon, and for the payment of the fees or salaries of the superintendent, 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 proper 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 if any toll collector shall unreasonably delay or hinder any passenger or traveller at ahy of the gates, or shall demand or receive more toll than is by this act established, he shall, for each and every such of fence, forfeit and pay to the party aggrieved, the sum of ten dollars.

Be it further enacted, That if any person shall purposely and maliciously deface, or otherwise injure any of the milestones, 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, be fined in a sum not exceeding five hundred dollars, or imprisonment in the jail of the county not exceeding six months, or both, at the discretion of the court; and if any person shall purposely fill, choke or otherwise obstruct any of the side drains, valleys, gutters, or culverts of said road now made, or hereafter to be made, or shall connect any private road or cartway with 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 o secure a free passage for the water along such side drain

where such private or county road or cartway connects with 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 of fending shall upon conviction thereof, be, for every such offence, fined in a sum not less than five dollars, nor more than twenty dollars; and if any person shall stand his wagon and team, or either of 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 shall fast-lock or rough-lock either of the wheels of any wagon, 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,) every person so offending shall, upon conviction thereof, be fined in a sum not less than two, nor more than twenty dollars.

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 ereeted 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 unde my hand, this thirteenth day of February, eighteen hundred and thirty-two.

CHAP. 79. 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.

SECT. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all and every dwelling-house or other building, hereafter constructed and erected within the city of Washington, in the town of Alexandria, or 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, stone-cutter, 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 erecting and constructing such house or other building, before any other lien which originated subsequent to the commencement of such 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 possess any lien on said house or other building, for work done or materials so furnished, unless the person or persons employed by such contractor to do work on, or furnish materials for such 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 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 Dod

or other building should not sell for a sum sufficient to pay all demands for such work and materials; then, and in such case, the same shall be averaged, and each of the creditors paid a sum proportionate to their several demands: Provided, always, That no such debt for work and 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 of the county in which the building shall be situated: And provided also, That each and every person, having received satisfaction for his or their debt, for which a claim has been or 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 the satisfaction of the claim in the office where such claim was or shall be filed, or such action brought, which shall for ever thereafter discharge, defeat and release the same; and if such persons having received such 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 authorized, 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.

SECT. 2. And be it further enacted, And in all cases of lien created by this act, the person having a claim filed agreeably to its provisions, may, at his election, proceed to recover it by personal 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 fix

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