... , j ;
. i 5, ' ; T' j : LIBERTY.... THE CONSTITUTION. ...UNION. . ' ' ixri A -! ' T , A ' U '
OTx7ll. NEWBERN, ijRlBAY, MAY 17, 1833. NO. SitK
I
5-
m -v. I
PUBLISHED
BY THOMAS WATSON.
THRMS,
T4irce dollars per annum payable in advance,
-r paper will be discontinued (hut at the dis
cretion of the Editor) until all arrearages have been
paid
Prom Fairy Legends and Traditions of the South
of Ireland.
- M i I. x-.t - Uaa In! .. V- -Vi1 t l a. J !h
jondon ender the above title, which exhibits some
of the finest traits of Iri3h humour without grossn-,-?,
v:c recollect ever to have read. We have selected
the following, and feci confident it will afford a fund
of entertainment to our readers.
STORY OF DANIEL O'ROURKE.
Daniel had been to a feast of 'the master's,' on the
return of the 'young master' from jlbreign parts; arid
thus lie tells the story
Well, we had every thing of the best, and plenty
of it; and we ate, and we drank, and we danced, and
the young master by the same token danced with
Pejnry Barry, from the Bohereen a lovley young
couple they were, though they are low enough now.
To make a long 6tory short, I got, as a body may say,
;he same thing as tipsy almost, for I can't remember
ever (at all, no ways, how it was that I lell the place:
only iLdid leave it, that's certain. Well, I thought,
for all lhat, in rayeelf, I'd jVt step to Molly Crona
hans Xhe fairy- woman, to speak a word about the
bracket heifer that was bewitched; and so as I was
crown"- the stepping Aow s of the ford of BallyasJie
nocrh, n ' was looking up at fhe stars and blessing
myself for why? it was Laoy-day I missed my
foot and souse I ft II into the water 'Death alive !'
thought I, "Pli be drowned now!" However, I began
swimming, swimming, swimming away for the dear
'life, till aflast I got ashore, somehow or other, but
nfver the one of me can tell how, upon a dissolute
island. - ' .
ll wandered and wandered about there, without
knowing where I wandered,, until at last I got into a
big bo. The moon wa& shining as bright as da ,
on your fair lady's eyes, sir, (with your pardon for
Mentioning her,) and I looked east and west, north
and touth, and every way, and nothing did I see but
hog, bog, bog j I could never find out how I got into
it; and my heart grew col l with fear, for sure and
certain I was that it would be my berrin place. So
1 gat down upon a stone which, as good luck would
have it, was close by me, and I began to scratch my
hem!, an I sing the Ullagon? when all of a sudden
the moon grew black and I looked up, and saw some
thing for ;Tll the world as if it was moving rown be
tween me and it, and I could'nt tell what it was. Down
it came with a pounce,and looked at me full in the
face ; an 1 what was it but an eagle? as fine a one as
ovnr flr'tv trnm the Kingdom of Kerrv. So he looked
at me in the face, and says he to me, 'Daniel O'Rourke'
Fays he, 'bow do you do V 'Wry well,. I thank you,
sir,' says I : 1 hope you're well;' wondering out ot my
senses all the time how an eagle came to speak like
a christian. 'What brings you here, Dan V says he.
Nothing at all, sir," says I ; 'I only wish 1 was safe
home again.' 'Is it oureCthe island you want to go,
Dan V says he. 'Tis sir,' says I : so got up I and told
him how I had taken a drop too much, and fell into
the water ; how I swam to the island ; and how I got
into the bog, and did not know my way out of it.
'Dan,' says he, after a minute's thought, 'though it
was very improper for you to get drunk on Lady-day,
yet as you are a decent, sober man, who 'tends mass
well, and never flings stones at me or mine, nor cries
out after us in the fields my life for yours,' says he ;
'so get up on my back, and grip me well for fear you'd
fall off, and I'll fly you out of the bog.' 'I am alraid,'
saya I, 'your honour's making game of me; for who
ever heard of riding a horseback on an eagle before?"
'Ton the honour of a gentleman,' says he, putting his
right foot on his breast, 'I am quite in earnest; and
no now either take my offer or starve in the bog be
sides, I see that your weight is sinking the stone.'
'It was true enough as he said, for I found the stone
every minute going from under me. I had no choice;
si) thinks I to myself, faint heart never won fair ladv,
and this is fair persuadance : 'I thank your honour,'
says I, 'for the loan of your civility; and I'll take your
kind offer.' I therefore mounted upon the back of the
eagle, and held him tight by the throat, and up he
flew in the air like a lark. Little I knew the trick he
was going to serve me. Up up up-God knows
now iar ne new. w hy, then,' said I to him think
ing he did not know the ricrht road home verv civil
Iy, because why ? I was in his power entirely;-'Sir,'
says i, -piease your honour's glory and with humble
submission to your better judgment, if vou'd flv down
a bit, you're now just over my cabin, and I could be
put down there, and manv thanks to vour worshin.'
'Arrah, Dan,' said he, 'do you think me a fool ?
iwK Qown m tne next held, and don't you see tw
men ana a crun Bv mv wnrd'it nrn-M k ;-L-
be fhot thm way, to oblige a drunken blackguard that
"V". uu 01 a couia stone in a bog.' 'Bother
.jruu x myseu, but I did not speak out, for
flying and I asking hun every minute to fly down,
and all to no use. 'Where mthe world are you gc
ing, sir V says I to him. 'Hold vnnr r,T-
savs he; 'mind your own business, and doSt be inter
fering wit h the hnelness of other people.' 'Faith this
is my business, I think,' eays I. 'Be nni n !
jaid he: so I said no more.
'At last, where should we come to, but to the moon
.wen. iow you can't see it troni tiiis, but there is.
or there was in ray time a reaping-hook sticking out
ofthe side of the moon this way, (drawing the figure
thus on the ground with the end of his stick)
fDan,' said the eagle, 'I'm tired with this long fly ;
I had no notion 'twas so far.' 'And my lord, sir," said
1, wno m the worM axed you to fly so far was it I?
did not I beg and pray, and beseech you to stop half
cm. , uw ago f- -i nere-s no use talking, uan,' said
w , 4 mi uir.i uctu euuugu. so you musi gei on, and
sit down on the moon until I rest myself.' Is it sit
.down on the moon V said 1 4is it upon that little round
tthing, then? why, then, sure Fd fall off in a minute,
and be kilt and split, and smashed all to bits: you are
a vile deceiverso you are.' Not at all, Dan,' said
he: 'you can catch fast hold ofthe reaping hook that's
sticking out of the side of the moon, and 't wil keep
you up. 'I wont then,' said I. 'May be not,' said
he, quite quiet. 'If you don't my man, I shall just
Rive you a shake, and one slag of my wing, and send
you down to the ground, where every bone in your
body will be smashed as6mall as a dr$p of dew on
cabbage-leaf in the morning.' 'Why, then, I'm in
a fine way, said I to myself, ever to have come a
ong with the like of you and so giving him a hear-
curse in Irish, for fear he'd know what I said, I got
off nts back with a heavy heart, took a hold of the
reapiughook, and sat down upon the moon, and a
w? 001(1 86511 il was 1 6311 teU 'ou that
.iT had me there fairly landed, he turned
anouton me, and said, 'Good rooming to you, Daniel
low.
ea robbed my nest last iyear,' (twa3 true
T, ujiK i ve iuckcu : yuu lainy
enough for him, but how he found it out is hard to say,
'and in' return you are freely welcome to cool your j
V
heela dangling upon the moon like a cockthrow.
fin anitP nf nil rpmonstrancea the unconscionable
lnnrl lmich. leaving poor Dan
Wring out for the bare grief in which condition he
is speedily visited by the man in the moon. 1 his ;
. .. '
gentleman's hospitality does not much menu nts risc. 1 K. w pay over
'Dan ' said the man in the moon, taking a pinch to his successor or successors in office or to .such per
of snuff when I was done, 'you must not stay here." son as the county court of Ohio may, for this purpose
'Indeed sir ' nvs 1 "tis much against my will I'm name and appoint, all tolls by him received, and: not
he e a?'a Ctt am Igo back V 'That's vour expended by virtue of the prov sion. of this act He
' mu m,n. m;n. tntpll vou that here shall, lmmediatelyon the rceipt thereof, deposite in
vou mus't ::; less than no time H'm : the North western Bank of Virginia, all moneys by
doing no harm,' savs 1, 'only holding on hard by the , him received for tolls or otherwise, and the same, as
reanin Hook lest I fall off." That's what you must superintendent, check for, as he may want the same
not do, Dansays he. 'Prav sir,' says I, may I ask in repairing, improving or preserving said road,
how many you are in family, that you would not g. ve : And in case of death, resignation, or removal from
a poor traveller lodging? I'm sure 'tis not so often office, or from the State,any and all moneys i slanding
you're troubled with strangers coming to see Jou, for to his credit m bank, as supenntendent, shall be pass
'tis a long wav ' Tm'by myself, Dan,' savs he; 'bin ed to the credit of his successor in office, irthe su
vou'd better let eo the reaping-hook., Faith, perintendent shall; fail or omit, for two calender
and with vour leave says I, 'I'll not let go the grip.' months to render his accounts as is before required,
'You had better, Dan,' says he again. 'Why, then he shall, for every; such failure, forfe, and pay, lor
mv little fellow ' avs I taking the whole weight of ' the benefit of said road fund, five hundred dollars, to
him with mv eye from 'head to foot, 'there are hut be recovered as is fter provided for; or, if he shall
two words to that bargain; and I'll ribt budge, but you fail or omit to pay over all moneys in his hands as
mav if vou like ' 'We'll se how that is to be," says s before required, it shall be lawful, in the name ot
he"-and back he went givin the door such a great the President and (Directors of the Board of Public
ban after him (for it 'was plain he was huffed,) that ' Work-, to obta.n judgment against him, his security
I thought the moon and all would fall down with it. ; or securities, his or ;their heirs, executors, or adminis
Well I was preparing myself to try strength with trators, upon motion in the county or superior courts
him when back again he comes, with the kitchen of Ohio county, upon giving ten day's notice to such
cleaver in his hand, and without saying a word, he superintendent, his, security or securies, his or their
o-ave two bans to the handle ofthe reaping hook that : hf3 executors coadministrators. In all motions,
was keeping me up, and vohap! it came in two." actions, or bills in chancery against such superin
'Good morning to you, Dan,' says the spiteful little tendent, his security or securities, his or their heirs,
old blackguard, when he saw me cleanly falling down ; executors or administrators, whenever judgment or
with a bit of the handle in mv hand: 'I thank vou decree shall be pronounced against the defendants,
for your visit, and fair weather after you, Daniel.'' I for any money by puch superintendents wrongfully
had not time to make any answer to him, for I was detained, such judgment shall be for the principal
tumbling over and over, and rolling at the rate of a sum due' Wlth interest thereon from the time at
fox-hunt! 'God help me,' says I, 'hut this is a pretty wnic the principal sum shall have been due, toge
pickle for a decent man to be seen in at this time of tuer fifteen per centum damages theraon to
night : I am now sold fairly.' The word was not out he maJe and levied; in manner provided for by law.
of mv mouth, when whiz ! what should flv bv close The said collectors shall monthly, or oftener if requir-
to my ear but a flock of wild geese ; and the oiUd gan
der, who was their general, turning about his hend,
cried out to me, 'Is that you, Dan V I was not a bit
daunted now at what he said, for I was by this time
used to all kinds of bedevil 'ment, and besides, I knew
him of oul(L 'Good morrow to you,' says he, 'Daniel
O'Rourke: how are vou in health this morning?"
'Vr-.r wrtTI clr'MtrcI 'T than ' vnn Iri'nrtlv ' dmwinir :
mv breath, for I was mightily in want of some. 'I : collector or collectors, his, her, or thetr security or se
hope vmir honour's the same.' I think 'tis fallino-! cunties, his or their hejrs, executors, or administra
you are, Daniel,' says he. 'You mav say that sir, tors by motn n the r-ounty or superior court for
says T. 'And where are von going all the wav so 0nio county, for the sum he, she, or they may be in
fast?' said the grander. So I told him how I had ta- rrear, with interest and damages as is ahove provid
ken the drop, and how I came on thf island, and how : e f?r m. the case of defaulting superintendents:
I lost my xvay in the bog, and how the thief of an ea- Provided, That such collector or collectors, his, her,
gle flew me up to the moon, and how the man in the or the,r security or securities, his or their heirs, exe
moon turned me out. 'Dan,' said he, 'I'll save vou; cutors, or administrators, shall have had ten days'
nut nt vnnr.hnnH nnr) r.nrrh mp hv tbft Ipo- nni I'll previous notice of such motion. When the said col-
flv vou home ' 'Sweet is vour hand in a pitcher of
honev, mv jewel,' savs I, thousrh all the time I thought
in myselfthat I don't much trust you ; hut there was
no help, so I caught the gander by the leg, and away
I and the other geese flew after him as fast as hops.'
p-The 'ould gander V leg serves poor Dan's turn
hardly better than the eagle's wing; and the trip ends
with his being dropped 'plump into the verv bottom
of the salt sea ! Down to the very bottom 1 went,
and
I gave myself up then torever, when a whale
walked un to me. scratching himself after his night's
sleep, and looked me full in the face, and never the
- f 1 rJ . I
worrl did he say, but lilting up his tail, he splashed i
me all over again with the cold salt water, till there
wasn't a dry stich upon my whole carcass; and 1 ,
heard somebody saying 'twas a voice I knew too I
Get up, you drunken brute, off that:' and with that I
woke up and there was Judy with a tub full of water,
which she was splashing all over me; for, rest her
soul ! though she was a good wife, she never could I
bear to see me in drink, and had a better hand of her
own
BY AUTHORITY.
LAWS OF THE UNITED STATES, PASSED AT THE
SECOND SESSION OF THE TWENTY-SECOND
CONGRESS.
AN ACT declaring the assent of Congress to an
act of the Gneral Assembly ofthe State of Virgin
ia, hereinafter recited.
Be it enacted, by the Senate and House of Rep- '
resentatives ofthe United State of America in !
Congress assembled. That the assent of the
United States be, and the same ishereby, 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 remainin force during
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 follow-
1 n rw in nriw -
Be it enacted by the General Assembly, That
'
whenever the. Government ofthe United States 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 bf the
Board of Public Works shall be and they are hereby,
authorized to take the same under their care in be
half 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 superintendent
shall be appointed by the President and Directors of
i- uuara 01 runuc worKs, removaoie ai jjioeure,
WhfK!P riiii-- . Ml.ll k. Am. . A rv mfoo
and toll-house or toll-houses, and to exercise all rea-
sonable viailan 3n,1 HilincA in th care of said
road
committed to his charge to contract for, and di -
'no n.t! .- i . 1
rect the application of, the labor, materials, and other
"""B8 "pessary for the repair, improvement, and
preservation of said road; and he shall pay for the
same out ofthe fund arising from the tolls; he shall
nave power to appoint and remove at pleasure the
co ectors of tolls, and to take from such collector or
collectors, bond with good security, conditioned for
his, her or their faithfully discharging his, her, or
their duty, and accounting for, and paying over, to
suchsurperintendentor his successors in office; all
uira. ner or-them collected or re-
.u..u HiaiiDthe duty of the
(ant avsrir ri V
KSt.hfa e county or 'superior
utR.. i ui yjmv county or before some one bv either of
iil h-vmIa? 10reme one by either ot the same, or any waon or carriage laden with pro
2SS.J1n to. -ender, oik. pertyofthe Unf.ed States, or anf cavalry or other
Z " ' au UIOURVH hU him mrPIVPfl
L yfJllDg ,0rth, in such ac
I'i LiK When' whomhe shall have
X JSmZn7' and the time and to
whom, and on what account. th ul
-ecu aisoursea or expended
i . . i oauic snail iittvc
He shall before
ne snail nave' entered
a the duties of said of
fipe take, before the county court of Qhio
county, or
some justice of the peace for said county, on oath,
that he wilUaithfully, justly, and impartially dis-
charge the duties of his said office: and he shall, aloo
before said court, enter into bond with two good se
curities, at least, in the penalty often thousand dol
lars, conditioned lor! his faithfully prfbrmincr in ill
tn.ngs tne auties ot n.s omce or superintendent, to
L .1 1 . Mi- - - -
ed by tne superintendent, under oath, account
and pay to the superintendent then in office,
for,
all
moneys or tolls collected by him or them, and
which shall remain,; after deducting his or her com
pensation, and if suCli collector or collectors shall fail
herein, it shall be lawful for the superintendent, in
the name ofthe President and Directors ofthe Board
OI 1 UD1IC W OrKS, lOODTaitl lUdgmeilt .IgaiOSt SUCft
lector shall have paid over to the superintendent, the
superintendent shall give him duplicate receipts
therefor, one of which, he, the a'd collector, upon
pain of forfeiting fifty dollars for every failure, shall
file with the clerk ofthe county court of Ohio county.
The bonds hereby required of superintendents or col
lectors shall be made payable to the President and
Directors of the Board of Public orks, and be de
posited for safe keeping, with the Clerk of the county
courtofOhio. But nil moneys and all fines and for
feitures recovered of them, or either of them, shall be
II . . 1 II . I .
couecten and received dv tne superintendent, in ot-
"J. " tUmj, i vm
mrlv -Pi-"" revc i n- same, i ne sain superm
tendent, and the sal collector or collectors, shall be
allowed by the county court of Ohio county a rea-
UrtWlc.u uInuu" ,UI 11 rv Bi woenymem
respectively retained out oi said tons or tne proceeds
thereof : Provided, however, That the compensation
t0 the supenntendent shall not exceed three hundred
and thirty-three and one third dollars per annum.
I vim iui nit: nriici ui uci iiuu iiiiiuiiji uitiii ui llio saiu
j fund, and the preservation of said road, the said su
perintendent 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 asihe said gates and toll-houses shall
be erected, it shall bp the duty ofthe said toll collector
or collectors, and they are hereby required to de
mand and receive, for passing the said gates, the tolls
and rates hereinafter mentioned: and they may
stop any person riding, leading, or driving, any nor-
ses, cattle, sulky, chair, phaeton, cart, chaise, wagon,
sleigh, sled, or other carriage of burden or pleasure,
from passing through the said gate or gates, until
they $hall 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
orass 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 quater cents ; for
every horse or ox iri addition, three cents ; for dear-
Vl J I - VI U I U I V UVi OV'tt Wil W v -v. 1 i - v.-vry ill U 1 s
borne, sulky, chair, or chase, with one horse, six and
j a HMr cents; ior every norse m duuiiiun, six aim
"
stage, or pha;ton, with two horse?, twelve and a half
Cents ; for every horse in addition, six and a quater
cents; for every other carriage of pleasure, by what
ever name it may be called, the like sum, according
4o 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 hall
cents ; for each horse or ox drawing the same, four
cents; for every cart or wagon, whose wheels shall
exceed two and a half inches in breadth, and not
exceeding four inches, six and a quarter cents; for
for every otber cart er waffonj whose wheels shall
Exceed four inches, and not exceeding five in
breadth, four cents; for everv horse or ox drawing
the same, two cents; and nil other wagons or carts,
whose wheels shall exceed six inches in breadth,shall
pass said rratpsfrpp.nnd clear of all tolls: Provided.
, however, That nothing in this act shall be so con-
, . . . "
strued as to authorize any tolls to be received or col
lected from any person passing to or from 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 busines on his farm or woodland, or to or
from a funeral, or to or from a mill or school, or t.i or
from his common place of trading or marketing with
in the county in which he resides including the wa
gons, carriages, and horses, or oxen drawing the
same: Provided, also, That no toll shall be receiv
ed or collected for the passage of any stage or coach
conveying the United States' mail, or horses bearing
; tiwin.- armtr nr m Mirir 4
troops, army or military stores, belonging to thespme
or to any oi uie oiaiea comprising ine union, or any
persons, or persons on duty in military service ofthe
United States : And provided, further,' That the
superintendent may commute the rates of tolls with
any person or porsona by taking of him or them a cer
tain sum, annually in lieu of the tolls aforesaid : And
provided Jvrther If
wo gates
-hall bo erected on
said road, then only one half of the said rates or tolls
shall he received or collected at each orate: anH t
the superintendent and three discreet freeholders bf
unio county, to, be appointed ior 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 su
perintendent and persons to be appointed by the coun
ty court as aforesaid, are duly authorized to purchase
for the purpose of erecting toll-houses on said road, as
mucn ground as they sh ll deem necessary and ad
vantageous to said road fund ; to be paid for out ofthe
ill t- . ' r
ioih atoresaid.
Be it further enacted. T hat the monevs so collect
ed, and all fines, penalties, and forfeitures 'accrueing
uuuer mis act, snail constitute a fund, to be denomi
nated the Cumberland road fund, and shall be aDDhed
hy the superintendent to be appointed as aforesaid,
solely and exclusively to the preservation, repair and
improvement of sa?d road, and the expenses incident
ui iciu, .win iu no omer purpose whatever.
-uc ujuruiei enacted, That the General Assem
bly reserves to.dselt at any, future session thereof.
.c.u, u.r. u1Srui ui congress, to change, alter, or
amend mis. act: Provided, That the same shall not
crease the rates of toll hereby established, below or
above a sum uecessarv to Hpfrav ho v---
"f,v,w, ....v,i., u, aniniuru, as 10 rennrp nr in
(lent to the repair and preservation of said road, to the
erection of gates and toll houses thereon, and for tne
payment ofthe fees or salaries ot the superintendant,
the collector of tolls, and of such other agents as may
be necearily employed m the preservation and repair
of the said road, acco ding 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-aution all
conductors and drivers of carriages or waeons on the
road, as aforesaid, that they shall always pass on the
left of each other, under; the penaltv of fiv- dollars for
every offence ; and there shall al?o be set up, at some
conspicuous place at each gate, a board on which
shall be legibly printed the rat s of toll as is provided
for in this act ; and it any toll collecter shall unreason
ably delay or hinder any passenger or traveller at
any ofthe gates, or shall demand or receive more tell
than is bv this art established, he shall for each an
every such offence, forfeit and pay to the party aggrieve-!,
the sum of ten dollars.
Be it further enacted, That if any person shall
purposelv and maliciously deface, or otherwise injure
any ofthe milestones, parapet walls, culverts, or brid
ges, or any masonry whatever, 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 of
fending, upon conviction thereof, or judgment, infor
mation, or presentment, in the county or superior
court of Ohio 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 dis
cretion ofthe 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 surveyoi 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 val
ley, or other good and sufficient fixture so as to secure
a free passage for the water along such side drain
where such privateor county road or cartway connects
with said Cumberland road, and so as to secure such
Cumberland road from injury by reason of such coun
ty or private road, or way. being connected with said
Cumberland road, every perron so offending shall
upon conviction tnereot, be, tor every such offence,
fined in a um' not less than five dollars, nor more than
twenty dollars; and if any person shall stand his wa
gon and team, or either of them, over night uponvthe
pavement of said road now made, or which may here
after be made, or shall at any other time stand a wa
gon and team, or either of them, upon the enid pave
ment for the purpose of feeding, or if he shall, in anv
other manner, purposely and wilfully obstruct the tra
vel upon said road, or it he (shall fast-lock or rough
lock either ol the wheels of any wagon, coach, chaise,
gig, sulky, carriage, or other two or four wheeled ve
hicle while travelling upon said road as now made,
or as it may hereafter be made, (excepting, however,
such parts of .-aid road as may be, at the time of said
locking, covered with ice,) every person sooffending
shall, upon conviction, thereof, be fined in a sum not
less than two, nor more than twenty dollars.
Be it farther enacted, That all fines, penalties,
and forfeitures, I incurred under the provisions of this
act, may be recovered by presentment or indictment
in the county orj-uperior courts of Ohio county, or by
information or action of debt in the name ofthe Go
vernor, 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 reco
vered 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 ofthe peace, when the same
shall be a greater sum than five dollars, exclusive
of costs; and it shall be the duty of the superinten
dent and collectors of tolls to prosecute all offences
against the provisions of this act, and he or they shall
not be liable lor costs where the person or persons
prosecuted shall be acquitted, unless the court or jus
tice will certify that the prosecution is groundless and
without good cause. ,
Be it furthea enacted, , That if more than one gate
be erected upon said road, it shall be lawful for any
person, desirous to do so, to pay the whole toll at any
one uate, and, thereupon, the collector shall grant
nim a proper ceruiicaie mereoi, wnicn certincatesnalJJ
1 1 !-! - f ! . - . . I
be a sufficient warrant to procure his passage through
the other gate.
Be it further enacted, That this act 6hall not have
nny force or effect till the Government of the United
States shall assent to the same.
Virginia, Richmond city, to wit:
I, George W. Munford, Clerk ofthe Mouse of Dele
gates, 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 under my hand this thirteenth day of Feb
ruary eighteen hundred and thirty-two.
Approved, March 2, 1833.
AN ACT to secure to mechanics and others pay
ment for labor done and materials furnished in the
erection of buildings in the District of Columbia.
Be it enacted by the Senate and House of
Representatives ofthe United States of Amer
ca in Congress assembled. That all and every
dwelling-house, or other building, hereafter construc
ted and erected within the City f$?r?et
town of Alexandria, or in Georgetown, mUie District
of Columbia, shall be subject to the W
debts contracted for, or by uflir
or materials found and provided by any bnckmaker,
bricklayer? stonecutter, mason, hme merchant, car
pSSS Miiiter and glazier .ronraonger, blacksmith;
Dasterer7and lumber merchant, or any other person
nrcr.nR employed in furnishing material- for, or in
hJrpcting and construction of such house or other
building before any other Iieix which originated sub-
sequent to the commencement'of sucb house or other
ouuding Deiore any omer iieu which originated sun-'
sequent to the commencement of such house or other
buiUlinc". But if such dwelling house or other builtK
ing or any portion thereof, shall have been consturc
ted under contract or contracts, entered into by tht
owner thereof, or his or her agent, with any persfin
or persons, no person who may have doho 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, Jar
work done or materials so furnished, unless the persim
or( persons employed by such contractor or do- work
ort, or furnish materials for such building, shall with '
in thirty days aftea beiug 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 employe?!
or to furnish materials, and that they tfaim the bene
fit of the lien grahted by this act. And ii such nous?
or building should not sell for a sum sufficient to pay
all the 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 U
their several demands: Provided always, Tha.
no such debt for work and material shall remain a
lien on the said houses or other buildings longer than
two vears from the commencement of, the building
thereof, unless an action for the recovery ofthe snrrm
heinstinited, or the claimed filed, within three months
after performing the work of furnishing the materials-".
in the office of the clerk of the court Ior tne county m
which the building shall be situated ; And providecL
also, That each and every person, having receive-1
satisfaction for his or their debt, for which a claim
has been or shall be filed, or action brought as afore
said, 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 claifh
or action, and on tender ofthe costs of office for en
tering satisfaction within six days after such request
made, enter satisfaction of the claim in the office
where such claim was or shall be filed, or such action
brought, which shall forever thereafter discharge,,
defeat and release the same ; and if such person?,
having received satisfaction as aforesaid, by himself"
or his attorney, shall not, within six days afterN re
quest and payment ofthe 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 thft
debt, for which the claim was filed, or action brough'
as aforesaid, to be sued for and demnded by the per
son or persons indemnified, in like manner as otliev
debts are now recovered by the existing laws for the?
recovery of debt.
Sec. 2. And be it further enacted, Arid iu
all cases of lien created by this act, the person hav
ing a claim filed agreeable to its provisions, may,
at his election, proceed to recover it by personal at
tion, according to the nature of the demand agahisf.
the debtor, his executors, or administrators, or by
scire facias against the debtor, or owner of the build
ing ; and where the proceedings are by scire facias
the writ shall beserved in like manner as a summods
upon the persons named therein, if to be found
within the county and if not found within thecountr
then by fixing a copy ofthe writ upon the door of thi
building against which the claim is filed; andupoi
the return of service and failure of : he defendants
to appear, the court shall render judgment as in ttto
case of a summons; but if they, or either of Ahem,
appear, they may plead and make defence, and tPr
like proceedings shall be had as in personal actions
for the recovery of debts: Provided, That no judg
ment rendered in such scire facias shall warrant tin
issuing an execution, except against the building or
buildings upon which the lien existed as aforesaid.
A. STEVENSON,
Speaker of the House of Representatives.
HU: L. WHITE,
President of the Senate pro temp'QTr, ,
Approved, March 2, 1833.
ANDREW JACKSON.
wtm
Trbastjry Department,
April 12th, 1833.
EN the late conflagration of the Treasury
building, nearly all the" correspondence of
the Secretary of the Treasury, from the estab
lishment of the Department to the 31stMarcR-,
)s destroycd including, as well
the
original letters and communications addressed
to the Secretary of the Treasury, as the records
of the letters and communications written bv
him. With a view to repair the loss, as far
as may be practicable, allbfriccrs of the United
States, are requested to cause copies to be ptf
pared, and authenticated by them, of any let
ters (excepting those hereinafter alluded to,
which they may at any time have written to)
or received from, the Secretary of the Treasu
ry ; and all those who have been in office, and
other individuals throughout the United States.
are invited to do the same. That this corres
pondence may be arranged into appropriate
books, it is requested that it be copied on fo
lio foolscap paper, with a sufficient margin on
all sides to admit of binding, and that' no more
than one letter be contained on a leaf. It is
also requested, that the copies be written in it
plain and distinct or engrossing haiid. Where
the original letter can be spared t would fcr
preferred. The reasonable expense incurred
in copvincr the papers now requested, not ex
ceedinV the rate of ten cents for every hundred
words,will be defrayed by tho Department.
The correspondence which has been savecK,.
and of which, therefore, no copies are desired,
are the records ofthe letters written by the
Secretary of the Treasury to Presidents and
Cashiers" of Banks, from the 1st October 1811?,
to the 20th February, 1833; all the coirespon
dencc relating to Revolutionary, claims under
the act of loth May, lb28, and to claims of i
Virginia officers to half pay, under the act ot .
5th July. 1832; and to applications for the be-
nefit9of the acts ofthe 2d March, 1831, and
14th July, 1832, for the relief of certain irrsor
vent debtors of the United States. Copies of
some circular letters and instructions, written
by the Secretary, have also been preserved:
an l it is requested that, before a copy be made
of any circular letter or instruction, written by
the Secretary ofthe Treasury, the date and ob-
ject ofthe circular be first stated to the Depart- -
' . -
ent, .and its wishes on the subject ascertained.
LOUIS McLARE ,
! -.' ; .SecreWyoflteTmmV'
Aprils 1633.
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