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.

Keeper to give

Sec. 2. Be it further enacted, That the keeper of said turnpike shall, before he enters on the duties of 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 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, without paying the toll required by this act, it shall be the duty of the keeper, and he is hereby authorized 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.

Keep a book.

Persons who pass paying-how pre ceeded against.

the Gate without

SEC. 4. Be it further enacted, That if, by sick- Assistant keeper. 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 assistant, 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 his 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 he shall or may be employed.

painted

SEC. 5, Be it further enacted, That James Walker, A Manager ap of Madison county, shall be, and he is hereby appointed 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 performance of the duties enjoined him by this act.

The Keeper to

to the Manager.

SEC. 6. Be it further enacted, That said keeper pay over money shall pay over to the manager, or to his order, any 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 him in his annual settlement, which he shall make under the provisions of this act.

off road into pre cincts, and ap

point surveyors

SEC. 7. Be it further enacted, That the manager aforesaid shall, after entering bond as aforesaid, lay off said road into four precincts, as nearly equal as 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 use of any earth, timber or

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.

Their pay.

on road.

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 cach 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.

The manager

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, directors, &c. for a full and complete adjustment of the accounts of the turnpike institution, whilst they acted in of fice; and also the manager is 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 turnpike, to wit:

Rockcastle bridge to be repaired.

Manager to ating the road in

tend to the keep

pair.

re

the governor a statement.

John Reed, James logan, and the present kceper,. Lemuel Hibbard, shall produce their books, or a copy thereof, shewing the whole monies they have severally 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 directed 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 directed 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 hereby 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, whenever he shall collect a sum, or sums, sufficient 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 shall attend personally, whilst and where each surveyor is working on his respective precinct, from 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.

exempted fro

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

SEC. 1. Be it further enacted, That no road shall No road to be 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 duty in a book to be kept for that purpose, all monies by him received from such waggoners or packhorse 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 leading 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, make af- fidavit before some justice of the peace, of all monies received by him; which affidavit he shall transmit to the Clay county court: Provided, however, 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 parts of acts coming within the purview of this act, shall be, and the same are hereby repealed.

Proviso

Repealing olause