gates.

Tolls

Thomas Hart, William Brady, John Smith, and George Noble, gentlemen, be, and they are hereby appointed, commissioners of the aforesaid roads; and the said commissioners, or a major part of them, or such person or persons as they shall appoint, may set up and erect, or cause to be set up and erected, one or more gates or turnpikes across the roads, or any of them, Turnpike leading into the town of Alexandria, from Snigger's and Vestal's gaps, within five miles of said town, and the tolls and duties following shall be paid and received, before any of the things on which the same are herein after imposed shall be permitted to pass through the said gates or turnpikes, or either of them, that is to say: For every coach or other four wheeled riding carriage and the driver thereof, one shilling and three pence; for every two wheeled chaise or chair and the driver thereof, eight-pence; for every loaded waggon and the driver thereof, one shilling; for every loaded cart and the driver thereof, six-pence; for every waggon not loaded and the driver thereof, one shilling; for every empty cart and the driver thereof, six-pence. No person shall be liable or compelled to pay any of the before mentioned tolls or duties on any article on which they are imposed, in returning from the aforesaid town of Alexandria, who paid the toll or duty thereon in coming to the said town. Every carriage shall be exempt from the payment of the tolls and duties hereby imposed, for the term of one year, which shall be entered with the person appointed to collect the tolls hereby imposed, and obtaining a licence therefor from him; which licence shall not be granted until the owner of such carriage, or some other person in his behalf, shall pay to the collector of the tolls for every coach or other four wheeled riding carriage so entered, the sum of forty shillings; for every two wheeled chaise or chair, the sum of twenty shillings; for every waggon, the sum of forty shillings; for every cart the sum of twenty shillings. And the said commissioners, or a major part of them, shall and may nominate and appoint some fit person or persons to receive the tolls or duties aforesaid and to see that the gates and turnpikes are duly repaired and amended, and from time to time remove such persons as they shall see occasion, and appoint others, in case of death, or such removal; and the person or persons so ap

pointed to receive the tolls or duties aforesaid, shall account before the said commissioners, or such of them as shall be appointed by a majority of them, in the months of April and October yearly, or oftener if required, upon oath, for the monies which they shall have received by virtue of this act; and the commis. sioners shall and may, out of the money arising as aforesaid, make allowance to such persons by them to be appointed as aforesaid, for their care and trouble in the execution of their office, as to them shall seem proper; always taking bond, with good and sufficient security, from the persons appointed, for the due and faithful execution of their office, and rendering such account. And in case any such collector shall refuse to account, or pay the whole duties by him received, it shall and may be lawful for the said trustees, tipon motion made to the county court, to demand judgment against such collector for all duties or tolls wherewith he shall be chargeable by this act; and such court may give judgment, and award execution thereupon, against such collector and his securities, provided they have ten days previous notice.

Appropria

III. And be it further enacted, That the money arising from the tolls and duties hereby imposed, shall ation of tolls by the said commissioners be applied towards defraying the expences of clearing and keeping in repair the roads leading from Snigger's and Vestal's gaps to Alexandria, and also from George-town to Alexandria. And the better to enable the said commissioners immediately to set about repairing the said roads, and to erect gates or turnpikes thereon,

fax, Loudoun

roads.

IV. Be it enacted, That from and after the passing Levies paya. of this act, it shall and may be lawful for the county ble by coun courts of Fairfax, Loudoun, Berkeley, and Frederick, ties of Fair. respectively, and they are hereby authorized and re- Berkeley and quired, to levy and assess upon the owners of proper- Frederick, ty living within their several counties, for three years for repairing next ensuing, the following sums annually, that is to say: On the inhabitants of Fairfax county, the sum of sixty pounds; of Loudoun, the sum of sixty pounds; of Berkeley, the sum of sixty pounds; of Frederick, the sum of sixty pounds; to be paid by such persons, in proportion to their property assessed under the revenue law; which said several sums shall be collected in the same manner as the levies in those counties are col

lected, and by the respective sheriffs paid to the said commissioners: And the said commissioners, or a majority of them, shall be, and they are hereby authorized and required, to lay out and disburse the money so levied annually, in such manner as they shall think best for keeping the roads from Snigger's and Vestal's gaps to Alexandria, and the road from George town to Alexandria in repair. And the sheriffs of the said counties respectively, shall give bond, with sufficient security, for the faithful collection of the money so levied, and for accounting and paying the same to the said commissioners; and in case of failure or neglect, shall be liable, on the motion of the said commissioners, in the same manner as by law they are now liable for not accounting and paying other levies. Provided, That nothing herein contained shall be construed, deemed, or taken, so as to restrain or exempt the courts of the aforesaid counties of Fairfax and Loudoun respectively, from allotting the hands which have usually worked on these roads, from assisting in repairing and amending the same within their proper districts, in the manner already directed by law, excepting only that they shall not appoint overseers over the several districts of the roads directed to be repaired by this act; but it shall and may be lawful for the said courts, and they are hereby required, to cause a list of all tithables within their respective counties, which are by law compellable to work on the aforesaid roads, specifying the several districts they belong to, to be delivered to the said commissioners, who shall and may direct the person or persons by them appointed or employed in the execution of this act, to summon any of the said tithables, at any time they shall see cause, to work on the said roads within the districts specified by the said lists; provided the number of days which each tithable shall work thereon, does not exceed six, in the space of any one year. And if any free person called out as aforesaid, shall wilfully, and without a sufficient excuse, neglect or refuse to appear, he shall be liable to the penalty of six shillings for every day he shall so refuse or neglect to appear, or to work upon the said road when there; to be recovered, with costs, by warrant, before a single magistrate, by the person appointed by the said commissioners to overlook and direct the repairs of the said roads to which such free tithable so

offending shall belong. And that if any master, mistress, or overseer, shall, without a sufficient excuse, neglect or refuse to send the respective male tithable servants or slaves to him or her belonging, or under the care of such overseer, within the said districts, to work upon the said roads when required by the person or persons employed by the said commissioners to overlook the repairs of the said roads, such master, mistress, or overseer, shall be respectively liable to the penalty of six shillings for every such male tithable servant or slave so neglected to be sent by such master, mistress, or overseer; which said penalty shall le paid to the commissioners appointed by this art, and by them applied towards repairing the roads herein before mentioned. And to the end that this act may be duly enforced,

enforce pen.

V. It is further enacted, That every person employ- Overlooker ed by the said commissioners to overlook the repairs of of repairs, to the above mentioned roads, who shall neglect to apply alties. for a warrant against the several persons offending against this act, shall be liable to the penalty of six shillings for every such neglect; which said penalty shall be recovered, with costs, by warrant, before a single justice, by any one of the said commissioners who shall apply for the same, and when recovered, shall by such commissioner be applied towards repairing the aforesaid roads.

Power of

ers to pro.

VI. And be it further enacted, That the said commissioners, or any person or persons by them appointed, shall and may, and they are hereby empowered, cure timber, to cut timber, dig earth, and take stone, adjoining or stone, &c convenient to the aforesaid roads, for the purpose of building or repairing bridges, and repairing the aforesaid.roads: Provided always, That any timber so cut, or stone taken, shall be first valued (unless the owner or owners thereof consent thereto) in the manner directed by an act of assembly "For the more effectual keeping the public roads and bridges in repair;" which valuation shall be paid by the commissioners, out of the money levied by the aforesaid counties as herein before-mentioned, or out of the money arising from the tolls or duties herein before imposed. And for continuing the succession of the said commissioners, VII. Be it further enacted, That it shall and may be ers, how suplawful to and for the said commissioners, or the major plied.

Vacancies, in commission

Penalty for evading toll.

Commission

part of them, from time to time, upon the death, resignation, or removal, of any of the commissioners herein before named, or hereafter to be appointed, to elect or choose one or more person or persons, instead of the commissioner or commissioners so dying, resigning or removing: And if it shall be found necessary to erect turnpikes on any of the aforesaid roads, at a greater distance from Alexandria than is herein beforementioned, it shall be lawful for the said commissioners, or a majority of them, to erect, or cause to be erected, a turnpike or turnpikes at such place or places as they may think necessary, and to impose reasonable tolls or duties on things passing through such turnpike or turnpikes, so as not to exceed the tolls on any thing herein before-mentioned.

VIII. And be it further enacted, That any free person who shall drive any riding carriage, or waggon or cart, round any turnpike, with an intention to evade the payment of the toll, shall forfeit and pay the sum of twenty shillings; and if the person so offending shall be a servant or slave, the master or mistress shall forfeit and pay the penalty aforesaid; to be recovered before a single magistrate, on complaint of the person appointed to receive the tolls, and by him paid to the commissioners, to be by them applied to the purpose of keeping the aforesaid roads in repair.

IX. And be it further enacted, That the aforesaid ers to report. commissioners shall, in the month of Juire annually, return to the county court of Fairfax, a just and true account of all monies received by them or any of them, for tolls, penalties, or licences, and of the disbursements thereof; which account shall be filed by the clerk of the said court.