Martinsburg gazette. [volume] (Martinsburg, Va. [W. Va.]) 1833-1855, 1834-02-06

this act
Be IL further enacted, That the said eor,.
missioners shall, as soon as the necasx,-~
steps shall have been taken BY each az ~.
aforesaid courts TO raise the aforesaid sum,
of money, proceed to lay of and let out
the opening and construction Of said road.
IN lots or parcels, as in their judgement
may seem best, upon the best terms 10 b.
obtained; having previously given notice
for the space of thirty days, of the tims
and place Of letting out the said road. bv
advertisement at the court house of each
Of said counties, and at such other place,
as the said commissioners shall select
The said commissioners shall require Of
the undertaken or undertakers, bond with
sufficient security, for the faithful perform.
ance Of his or their contract or contracts
which bond or bonds shall be msde paya.
BILE to the Governor OF the Commonwealth
for the time being, and his Successors II
Office, and shall be deposited in the clerk,s
Office Of the county in which the Creates
portion oil the road TO be made by m.
obligor or obligors shall lie: And on =
breach Of the condition Of such bond or
bonds. IT shall be the duty Of the attorney
for the commonwealth for the court OF tbe
county in which the same is or are filed
upon the application of the said commits.
sioners, or upon the affidavit of any ind.
vidnal, TO commence suit on said bond q,
bonds, and to use all necessary and legal
means to compel the performance of sny
contract or contracts entered into with tbs
SAID commissioners, for the construction OF
said road.
BE il further enacted. That the said com.
missioners shall appoint a treasurer or re-.
ceiyer Of the monies to be raised by virtus
Of this act. who shall receive and pay out
the same on the order Of the said commi,
sioners. Before the said treasurer shall
be authorized TO receive any portion of The
said monies, he shall enter into bond. with
such security and in such penalty as shah
he approved by the said commissioner
and by the court of Berkeley county. con.
ditioned for the faithful application of the
funds which shall come into his hands by
virtue ofth act: The said bond shall bs
| filed by said commissioners in the clerk,
office Of Berkeley county. Suit may b.
maintained on said bond at the instance
Of said commissioners, or any person o,
persons appointed for that purpose by the
aforesaid court, for any breach Of the con-
dltions thereof, and any money recovered
OF the said treasurer, or Of any one OF
more oil his securities. shall be paid over
10 the successor Of each treasurer, for thu
purposes of this act: And the said com.
mIssloners shall have the power to remove
at any time, any treasurer by them ap.
pointed, and TO appoint another in bis
room. The treasurer shall be allowed
such compensation as the said commission.
ers shall deem reasonable, TO be paid out|
oil any monies in his hands, upon the order
OF said commissioners
BE II further enacted, That one or moro
o. the said commissioners may at any|
Time ne removed by the power which ap.|
pointed him or them; and any yacanc,|
occurring from that or any other cause
shall be supplied by the authority which
made the original appointment
shall be free road, and shall be kept in
repair as the public roads Of tho Common.
wealth are directed by law 10 be kept in
repair; unless the said commissioners shall
be of opinion that from the spareness of
the population along the line Of the road.
the nature of the ground over which III
passes, or from any other cause, the same
cannot thus be kept in proper repair, and
that 1t is expedieDt 10 levy such tolls
thereon as will be sufficient to keep il 10
repair; and upon the communication Of
such opinion TO the Board Of Public w orks,
shall be the duty Of the said Board 10
furnish the said Commissioners with such
rate OF tolls as will be sufficient in Tho
estimation Of said Board for said purpose;
and the said commissioners shall Their upon
proceed 10 demand and receive, at such
gate or gates as they may think fit TO e..
tahlish. the tolls so fixed as aforesaid, a. |
lowing the collector or collectors such f.
compensation out of said tolls as tbey /
think reasonable; and the surplua toKs, al.
ter defraying the expense Of collection,
shall be applied from time to time, under
the direction and authority of the said |
commissioners, 10 the preservation and
repair Of said road. And it shall be tho
duty OF the Board of Public Works 10 re.
gnlate the said tolls from time to time, %
as to make them } ield no greater nor less
amount than is sufficient for the purpose
aforesaid.
Be it further enacted, That il the said
commissioners, or any of their toll gather
ers, shall demand or receive any other or
greater tolls than are allowed as aforc.
SAID; or II any person shall pass any toll
gate, without payment or tender Of tho
lawful toll; they shall respectively be La
BILE TO the penalties prescribed in such ca
ses by the act entitled ".An act prescribing
certain general regulations for the ineorpc.
ration Of turnpike companies" substituting
the said commissioners for the President
and Directors of a company. /
This act shall be in force from and after :
its passage.
Upwards of five thousand signatures
have been obtained in New York, to a