taken by them. Ib., 21. Oath to be and Turnpike Road, before entering on the duties of his office, shall take and subscribe an oath or affirmation to the following effect: "I, A. B., one of the Commissioners of the Bridge, (Ferry or Turnpike Road, as the case may be,) do solemnly swear (or affirm) that I will, to the best of my judgment and ability, faithfully and impartially discharge the duties required of me by law, as Commissioner aforesaid." Tolls to be paid before passing the gate. SEC. 34. The tolls demandable and payable at the toll gate of any bridge, ferry or turnpike road, now constructed, or hereafter to be Ib., 309, ¶ 11. constructed, by authority of the Legislature, shall be paid, if required, before passing the gate. The collector at a gate or ferry shall make change of all coins or bills offered him in payment of tolls, under the value of five dollars, except six and a quarter and five cent bills or coins, which shall always be paid to the collector where a less sum is due to him for tolls, unless the exact change shall be tendered him in the copper coin of the United States. Warrant may be issued to collect tolls. Ib, ¶ 12. Persons exempt from toll. Ib., SEC. 35. In case the toll is not paid before passing the gate of any turnpike road, bridge or ferry, and shall be refused or neglected to be paid immediately after, the collector may issue his distress warrant for the same, and cause it to be levied on the carriage, horse. animal, or other thing which has incurred the demand for toll, or any article or thing conveyed in such carriage, or on such horse, animal or thing, and the thing so distrained shall be disposed of in the same manner as goods under execution. SEC. 36. Exemption from the payment of toll at every bridge, 16, 310, 13. ferry and turnpike road hereafter chartered, shall be granted to every regularly ordained or licensed minister of the gospel; to every member of the Legislature, going to or from its sittings; and all persons going to and returning from divine service; and to every person traveling in the performance of any civil or military duty, for which he receives no salary or reward; and to every person whose duty it may be made by law to examine the said work, with not more than one servant, a carriage and two horses. In time of war or insurrection, troops, with their baggage, artillery and munitions of war, exclusively in the service of this State, shall pass every bridge, ferry and turnpike road, at one-half of the established toll or ferriage. Rate of tolls. SEC. 37. The rate of tolls receivable at any bridge, ferry or turn1827, VI,308,cl.2, pike gate, shall be as follows, unless otherwise expressed in the Act granting or authorizing the charter: 『9. For every carriage with four wheels, for the conveyance of per- ..$1 00 drawn by three horses or mules....... drawn by two horses or mules....... For every other carriage with four wheels, drawn by six horses, oxen or mules, or more.................... 075 0.50 075 ..... 0 624 ..... 0 50 drawn by five horses, oxen or mules, or more....... drawn by four horses, oxen or mules, or more....... drawn by three horses, oxen or mules, or more............ 0 371⁄2 For every carriage with two wheels, for the conveyance of per sons, drawn by two horses or mules, or more....... For every carriage other than for the conveyance of persons, 0.50 drawn by four horses or mules...... 0.50 drawn by three horses or mules..... For every other carriage........... For every person on horseback, or leading or driving a horse or mule...... For every led horse or mule, accompanying a person on horse 037 0 25 ... 0 121 0 2 0.50 0 64 For every hog, sheep or goat...................... For every animal for show, in addition to the carriage in which it may be conveyed........ For every foot passenger crossing a bridge......................... But no foot passenger shall be liable to pay toll for passing a turnpike gate. Foot passengers exempt. Penalty for detention at fer ries, &c. SEC. 38. That if any person or persons shall meet with unnecessary delay at any of the public ferries, toll bridges or causeways established by law, every such person or persons may recover from 1788,IX.312,416. the persons keeping such ferry, bridge or causeway, for every hour of such unnecessary delay, the sum of ten dollars, to be recovered, on application, from the party aggrieved, by warrant and execution from any neighboring Trial Justice. cation for char 1809, IX,443,423. SEC. 39. That no road, bridge or ferry, shall be established by Notice of appli law, unless the person or persons petitioning for the same shall tr. have given notice to the County Commissioners in the County or Counties in which the said road, bridge or ferry is intended to be established, at least six months before the session of the Legislature, and shall bring to the Legislature a certificate of the same, from the Board of County Commissioners. SEC. 40. Every application to the Legislature to grant a charter for any bridge, ferry or turnpike road, shall be by petition, in which shall be set forth particularly the site on which it is to be constructed or kept, and shall be enumerated all the chartered bridges, ferries and turnpike roads within ten miles of any part of Applications for charters, how to be made. the work so intended to be constructed or kept; and in it shall be stated the public convenience which requires the grant; and the said petition, together with a notice that it is intended to present it to the next Legislature, shall be published in some gazette, printed at the seat of government, or in the County in which some part of said work is intended to be constructed or kept, at least once in each month for the term of three months next preceding the month in which the Legislature to which the petition is intended to be preOpposition, how sented is to commence its session; and when any proprietor or pro1927, VI,312. 2, prietors of any chartered bridge, ferry or turnpike road, his, her or ག 23. 1 N. & their agent, trustee or attorney, may give notice in writing to the mide. McC., 387. petitioner, or any one of the petitioners, two months before the meeting of the Legislature to which the petition is to be presented, that the grant will be opposed, and in the said notice shall state the grounds for such opposition; then, and in that case, all the evidence for and against such grant shall be taken on oath, and in writing, before the Clerk of the Court of the County where is situated some part of the work so intended to be constructed or kept. But before any evidence shall be so taken, the party offering it shall give at least ten days' notice to some one of the opposite party, of the time and place of taking such evidence; and whenever any such charter shall be granted without all the requisites of this Section being complied with, the said charter may be repealed by action at the suit of the proprietor or proprietors of any previously chartered bridge, ferry or turnpike road, any part of which may be situated within ten miles of any part of the bridge, ferry or turnpike road so illegally chartered. Comptroller General to lease Road State across Saluda Mountain every three years. 1868, XIV, 82, ? 1; 1869, XIV, SECTION 1. That the Comptroller General of this State be authorized, every three years, beginning on the first day of March, 1869, to lease the State Road, known as the Saluda Mountain Road, running from Greenville County, in this State, across the Saluda Mountain, to Henderson County, in North Carolina, to the highest bidder, fos, 1. for the term of three years. He shall give public notice in the newspapers of Greenville and the City of Columbia for thirty days, and receive sealed proposals for said road during that time, and shall lease said road within forty days thereafter. SEC. 2. He shall require a good and sufficient bond of the lessee for keeping the road in good repair, and prescribe such other conditions of the said lease as may by him be judged proper and neCessary to secure a faithful observance of all the requirements of the said lease. SEC. 3. He is empowered to execute the lease in the name of the State, and to do all other acts necessary to carry into effect the foregoing provisions. SEC. 4. It shall not be lawful for any person to make any bypath or road around any of the toll gates established, or which may be established, on said road, for the purpose of eluding the payment of toll at said gates. And any person who may make such by path or road for the purpose of eluding toll shall forfeit and pay a sum not exceeding fifty dollars, to be recovered by action in any Court of competent jurisdiction, to the use of the road. SEC. 5. It shall be unlawful for any person to open or keep open any road or thoroughfare within ten miles of the said road for the purpose of diverting travel or transportation therefrom. To require bonds of lessee. Ib., § 2. Empowered to execute lease on behalf of State. Ib., 23. Unlawful to make a by-path round a toll gate on State Road. 1846, XI, 365, į 1. Penalty. No road to be kept open within ten miles. ? 1. to 1841, XI, 161, Offender liable penalty of SEC. 6. Every person offending against the provisions of Section 5 of this Chapter shall be liable as for a misdemeanor, in any 0. Court of competent jurisdiction; and shall, on conviction, forfeit and pay a penalty of five hundred dollars, one-half to the informer, and the other half to the use of the State. Ib., § 2. a month. SEC. 7. The party so offending or persisting to offend against the Also to pay $500 provisions of the said fifth Section shall be liable to forfeit and pay five hundred dollars per month as long as he shall continue to offend against the same; said penalty to be recovered and to enure as hereinbefore directed. Regulations as to traveling on SEC. 8. On the said road, road wagons drawn by four or more horses, mules or oxen, shall be required to keep on the timbered State Road. ways, where the road is timbered, unless it shall be necessary for them to leave these ways for the purpose of passing other vehicles, or avoiding broken places; and this regulation shall be posted up at every toll gate, and communicated to the driver of every such wagon, by every toll collector who shall receive toll from such violation. 23. Penalty for driver; and in every case of the violation of this regulation, the 1833, VI, 433, toll collector at either of the gates between which the violation took place may proceed to collect ten times the toll which the said wagon may be liable to pay for passing at his gate. Order of tray eling. Exceptions. 1824, IX, 549, 213. carts. 28. Toll-hor se 1846, XI, 367; SEC. 9. In traveling on every part of the said road, the following order shall be preserved, to wit: All carriages of burthen, or for any other use, shall keep on the right side of the centre of the road, so as not to interfere with carriages traveling on the other side, except in the following cases, to wit: Where the centre of the road is timbered less than fourteen feet wide, the following order shall be observed, to wit: The centre or timbered part of the road may be kept― 1. By loaded wagons traveling towards the mountains, excluding all others therefrom; 2. All descending loaded wagons and carriages may keep the side of the road next to the mountain and furthest from the valley. SEC. 10. The rates of toll to be paid at each gate on the said road shall be the same as heretofore fixed by the Superintendent of 1829, VI, 381, Public Works: Provided, That there shall be paid for cattle two cents, and for hogs one cent per head, and the toll exacted on single horse carts, at each toll gate, shall be fifteen cents, and no more. SEC. 11. Each collector shall make change of all bills and coins make charge, under five dollars, tendered in payment of toll, except for six and a 1828, VI, 368, quarter and five cent bills or pieces of coin, which shall always be paid by the traveler when a less sum may be due by him to the collector. &c. § 3. Collector to Persons exempt from toll. 78. SEC. 12. The following exemptions from tolls, and no others, 1824, IX, 547, shall be granted at each toll gate on the said road, that is to say: 1. The army of this State, of our sister States, and of the United States, while marching on duty in time of war, together with their horses, teams, and carriages loaded with provisions, baggage and munitions of war. 2. Every minister of the Gospel, engaged in the duties of his calling. 3. Members of the Legislature, in going to and returning from the Legislature. 4. Grand and Petit Jurors, in going to and returning from Court. 5. Every person traveling in the performance of any civil or military duty, who receives no salary, emolument or reward therefor, with not more than one servant, and a carriage and two horses. 6. Such persons as may be appointed by the Legislature, to inspect the said road, or perform any duty thereon, their servants, horses and carriages. 7. Every person resident within five miles of the said toll gate, |