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and six and one fourth cents, for each horse or mule in the team ; for each four wheel riding carriage and team, one dollar and fifty cents; for each two wheel carriage and team, seventy-five cents ; for each cart, twenty-five cents; for each horse, jack, mule or jenney, six and one fourth cents ; for each head of neat cattle, three cents; for each head of sheep or hogs, one cent; for each person above ten years old, six and one fourth cents.

Sec. 2. Be it further enacted, That the keeper of said turnpike shall, before he enters on the duties of

Keeper to give his office, enter into bond, with good security, to be bond. approved of by the county court of Knox county, payable to the governor, and his successors in office, in the sum of four thousand dollars, conditioned for the faithful performance of the duties enjoined by this act; and he shall keep a book, and enter therein Keep a book all the money received each day in every month, from the turnpike for the whole year, and make oath to the correctness of the same.

Sec. 3. Be it further enacted, That if any person or persons, shall forcibly pass said turnpike, with. Persons who pass out paying the toll required by this act, it shall be paying-how pro the duty of the keeper, and he is hereby authorized veeded againgt. to pursue, or cause to be pursued, such person or persons ; and when apprehended, shall be taken before a justice of the peace in and for the county wherein such offender or offenders may be caught; whose duty it shall be to impose a fine of ten dollars, exclusive of the toll, or tolls, and costs; and if not paid down, such justice shall commit such offender or offenders, to the jail of his county; there to remain for five days, unless such fine, tolls and costs thereon, be sooner paid ; which fine, so collected, shall be entered in the book aforesaid, and applied to the use of the road. And the keeper of said turnpike, shall keep constantly posted up on the post of the gate, a printed list of the rates of toll.

Sec. 4. Be it further enacted, That if, by sick- Amnistant keepor. ness, or any unavoidable accident, the keeper of said turnpike cannot attend to the duties of his office, it shall and may be lawful for him to appoint an assist. ant, for and during such disability. And such as

sistant, shall keep a separate account of the money he receives, and also be sworn to the correctness thereof, as is provided in case of the keeper. And the keeper shall be responsible for the conduct of

his assistant ; and shall receive' quarterly, for bis Keeper's pay.' services, to be retained in his own hands, out of the

fund collected by the toll, at the rate of two hundred and fifty dollars for each year lie shall or may be employed.

Sec, 5, Be it further enacted, That James Walker, A Manager ap? of Madison county, shall be, and he is hereby approšnted

pointed manager of the said turnpike road, from the top of Cumberland mountain, leading to the Crab Orchard, the Grassy Lick on said road, as far as the foot of the north end of what is called the Big Hill, on said road and to Madison court house; who shall enter into bond in the office of the clerk of Madison circuit court, with sufficient security, to be approved of by said clerk, to the governor, for the time being, in the sum of four thousand dollars, for the faithful per

formance of the duties enjoined him by this act. The Keeper to

SEC. 6. Be it further enacted, That said keeper pay over money shall pay over to the manager, or to his order, any the

monies he may receive from said gate, except his own salary, taken quarterly, as before provided ; and he shall take the manager's receipt for all monies paid him; in case of an order, a receipt from the person receiving the money, on the back of the order; which receipt shall be filed by said keeper, and credited by bim in his annual settlement, which he shall make under the provisions of this act.

Sec. 7. Be it further enacted, That the manager Plana eto pode aforesaid shall, after entering bond as aforesaid, lay cincts, and apo off şaid road into four precincts, as nearly equal as point surveyors.com

the nature of the case will admit; and he shall appoint a surveyor over each precinct, directing them to employ not less than eight able-bodied laborers, and to call upon the surveyors now in office for all the public tools that may be in their possession, receipting therefor, and shall report to said manager, the number thereof. He shall lay in provisions, and other requisites, for the putting his precinct in the best possible repair for the conveyance of carriages, having a right to make usc of any earth, timber or

Their pay.

stone, that shall be necessary for repairing said road, with as little injury to the proprietor as may be, upon making a reasonable compensation therefor, which shall be ascertained as in cases of other public roads, and paid out of the funds of said turnpike road. And when each surveyor shall have put his precinct in good repair, he shall make out his account, including his own services, at the rate of one dollar and fifty cents per day, stating each item in full, and the price thereof, and of whom received, including the whole expences, as often in the year as they have labored on said road, with the number of hands aforesaid, unless directed by said manager to work a less number of hands; and having made oath to the correctness of said account, he shall lay it before said manager, who shall examine the same, and if it appear reasonable, and the surveyor has performed the repairs on the road in his precinct, agreeable to the directions of the manager, the account shall be discharged.

SEC. 8. Be it further enacted, That it shall be the duty of each surveyor, and he is hereby authorized Persons to work to call upon each tithable living within two miles of said turnpike road, to work four days in each year with proper tools, when the surveyor is working on the road in his precinct; and on refusal to attend, or to labor when there, he shall pay one dollar for each day so refusing, to be recovered before any justice of the peace, due proof being made that the proper notice to work was given, except those tithes that are bound to work on some public road by order of the county court-Which money shall be accounted for, and appropriated to the use of said road.

Sec. 9. Be it further enacted, That the manager appointed by this act, is authorized and required, to settle with the to call upon the former commissioners or directors, director, &c. for a full and complete adjustinent of the accounts of the turnpike institution, whilst they acted in office; and also the manageris authorized and required to call upon Robert A. Sturgus, (who was appointed to settle with said directors for a complete settlement, so far as he acted in the office enjoined on him : And the several keepers of the luimpike, to wit:

on road.

John Reed, James ]logan, and the present koeper', .
Lemuel Hibbard, shall produce their books, or a co-
py thereof, shewing the whole monies they have se-
verally received on account of said turnpike; which ,
books, sworn to be correct by the keeper, shall be
produced and made use of in said settlements And
if, upon said settlement, it shall appear, that the
commissioners, or Sturgus, have in their hands any
monies due said institution, they are hereby direct-
ed to pay over the same to said manager : And in
case they, or either of them, fail to pay the sum
aforesaid, the manager is hereby authorized and di-
rected to institute a suit or suits, for the recovery of
the same, in any court in this commonwealth, having
jurisdiction of like sums. And the manager is here-
by directed to appropriate said money exclusively,
to repairing the Rockcastle bridge, and keeping it
in repair; the residue, if any, to erecting bridges
elsewhere on said road.

Sec. 10. Be it further enacted, That the manager, Rockcastle bridge whenever he shall collect a sum, or suns, sufficient to be repaired. to repair the Rockcastle bridge, and to build a new

one, or new ones, shall let the building of the same to the lowest bidder; and shall give public notice by advertisement three weeks in the Luminary, printed in Richmond, of the time and place of letting the same; and shall take bond, and good security, to be adjudged of by said manager, for the faithful performance of the work.

SEC. 11. Be it further enacted, That said manager Manager to at- - shall attend personally, whilst and where each surtend to the keep veyor is working on his respective precinct, from pair.

time to time, directing each of them what repairs is to be done ; and it shall be the duty of each surveyor, to execute the directions given him by said manager.

SEC. 12. Be it further enacted, That the manager To lay before shall, on or before the first day of December, in

every year, lay before the governor, a fair statement from the keeper of the turnpike books, of all the monies received that year, and also of all the monies received of the directors, managers and Sturgus, aforesaid, if any; and also of all expenditures laid out on said road, and for repairing and building bridges, for the year, making oath to the same.

the governor a statement.

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Sec. 13. Be it further enacted, That hereafter the
keeper of the turnpike, shall not demand or receive Citizens of Kn
of any citizen of Knox county, any toll for themselves paying toll.
or property passing the gate, any law to the contra-
ry notwithstanding.

SEC. 14. it further enacted, That no road shall
be opened by order of court, whereby any person opened to avoid
can avoid going through the turnpike, and all such the Turnpike:
roads which may have been ordered to be opened,
shall be deemed null and void, and no person shall be
bound to work thereon, either in opening or keeping
the same in repair.

SEC. 15. Be it further enacted, That the manager aforesaid, shall be allowed two dollars per day, for Manager's pay every day he may be necessarily employed in discharging the several duties enjoined him by this act: and shall make oath before some justice of the peace, the number of days he has been necessarily employed as aforesaid. And in case the said manager should die, or refuse to act, agreeable to the provisions of this act, it shall be the duty of the county court of Garrard to appoint a manager in his stead, (a majority of all the justices of said county being present) who shall be governed by the same rules and regulations as the manager hereby appointed.

Sec. 16. Be it further enacted, That it shall be
the duty of the keeper of the said turnpike, to note Keeper's daty ?
in a book to be kept for that purpose, all monies
by him received from such wasgoners or pack-
horse men, as may be travelling to and from Goose
Creek Salt Works: one half of which money shall be
appropriated to clear out and repair the road lead-
ing from the said wilderness road at Andrew Craig's
to the said Goose Creck Salt Works: and the said
keeper of the turnpike, once in every year, makeaf-
- fidavit before some justice of the peace, of all mon-

ies received by him; which affidavit he shall trans-
mit to the Clay county court: Provided, however, Proviso.
that no person shall hereafter be compelled to pay
toll, who shall make oath before the keeper of the
gate (and he is hereby authorised to administer the
same) that he is unable to pay said toll.
SEC. 17. Be it further enacted. That all acts and

Repealing olause
parts of acts coming within the purview of thig act,
shall be, and the same are hereby repealed.

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