Page:United States Statutes at Large Volume 4.djvu/705

Recovery of fines.under the provisions of this act, may be recovered by presentment or indictment in the county or superior courts of Ohio county, or by information or action of debt in the name of the governor, 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 recovered by action of debt in the name and for the use aforesaid, before any justice of the peace for Ohio county;Appeal. but an appeal may be had, as in other cases, to the next monthly court of Ohio county, from the judgment of any justice of the peace, when the same shall be a greater sum than five dollars, exclusive of costs, and it shall be the duty of the superintendent and collectors of tolls to prosecute all offences against the provisions of this act, and he or they shall not be liable for costs where the person or persons prosecuted shall be acquitted, unless the court or justice will certify that the prosecution is groundless and without good cause.

Tolls may be paid at one gate.“Be it further 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 gate, and, thereupon, the collector shall grant him a proper certificate thereof, which certificate shall be a sufficient warrant to procure his passage through the other gate.

“Be it further enacted, That this act shall not have any force or effect till the government of the United States shall assent to the same.

“Virginia, Richmond city to wit:

“I, George W. Mumford, Clerk of the House of Delegates, 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 February, eighteen hundred and thirty-two.”

Approved, March 2, 1833.

Statute ⅠⅠ.

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March 2, 1833.

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Chap. LXXX.—An Act to secure to mechanics and others payment for labour done and materials furnished in the erection of buildings in the District of Columbia.

Buildings subject to debts for work, &c.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all and every dwelling-house, or other building, hereafter constructed and erected within the city of Washington, in the town of Alexandria, or in Georgetown, in the District of Columbia, shall be subject to the payment of the debts contracted for, or by reason or any work done or materials found and provided by any brickmaker, bricklayer, stonecutter, mason, lime merchant, carpenter, painter and glazier, ironmonger, blacksmith, plasterer, and lumber merchant, or any other person or persons employed in furnishing materials for, in the erecting and constructing such house or other building, before any other lien which originated subsequent to the commencement of such house or other building.If buildings be under contract, no lien to attach for work or materials, unless notice be given. But if such dwelling-house, or other building, or any portion thereof, shall have been constructed under contract or contracts, entered into by the owner thereof, or his or her agent, with any person or persons, no person who may have done 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, for work done or materials so furnished, unless the person or persons employed by such contractor to do work on, or furnish materials for, such building, shall, within thirty days after being so employed, give notice in writing, to the owner or owners of such building, or to his or to their agent, that he or they are so employed to work or to furnish materials, and that they claim the benefit of the lien granted by this act.If sale of building do not satisfy all demands, to be distributed pro rata.
Limitation of lien. And if such house or other building should not sell for a sum sufficient to pay all the demands for such work and mate-