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JOHN FRANCIS MERCER, ESQUIRE, GOVERNOR.
act, shall be entitled to receive two dollars per day for every day
they shall attend in the execution of the duties required of them by
said act, to be paid by the levy court of Baltimore county, out of
the money levied on said county for the support of the criminals
adjudged to labour on the turnpike roads. |
1802.
CHAP. 80. |
8. AND BE IT ENACTED, That the said levy court
shall, out of
the said funds, allow and pay unto the surveyor and chain-carriers,
ax-men and poles-man, to be employed by said commissioners in
surveying and marking said road, a reasonable compensation for
their services. |
Compensation to
surveyor, &c. |
9. AND BE IT ENACTED, That the rate of toll
to be thereafter
collected shall be the same at each of the gates which have been
erected by the commissioners of review. |
Rate of toll to be
the same at each
gate. |
10. Whereas, by the sixteenth section of the
act of November
session, eighteen hundred and one, * chapter twenty-seven, the supervisor
appointed by the commissioners of review, when required
by the levy court of Baltimore county, is directed to deliver over
to the supervisor appointed in virtue of the above recited act, all
the criminals that should be under his charge, and also all wagons,
and so forth, belonging to said county, and to render an account,
on oath or affirmation, to the justices aforesaid, of all monies by
him received and expended within twelve months then last past,
and to pay over the monies in his hands to said justices, and on
neglect or refusal it should be lawful for Baltimore county court,
upon motion, and at the instance of the levy court, to direct judgment
to be entered on the bond of such supervisor against him and
his securities: And whereas it appears that the supervisor never
gave bond, and therefore the remedy prescribed by said act is inoperative,
for remedy whereof, BE IT ENACTED, That in all cases
where the supervisor or supervisors appointed as aforesaid shall,
on the demand as above recited, refuse or neglect to comply with
the directions and provisions of the sixteenth section of the aforesaid
act, where bond has not been given for the performance of his
duty, on application as aforesaid by the said justices to the county
court aforesaid, stating that no bond had been given, and in what
said supervisor had refused or neglected, it shall and may be lawful
for said court to enter judgment against such supervisor for the
sum due, in the same manner as the said court could have done in
case bond had been given; Provided, that if such supervisor shall
demand a jury trial, he shall be entitled to the same, and that the
said county court shall cause an issue to be made in a summary
way, of the subject matter of dispute, and the jury shall ascertain
the sum due from such supervisor, and the judgment of the court
shall be given for such sum, in the same manner as in actions on
the case, and be enforced in the same way as other judgments at
law; And provided further, that such supervisor shall not be
entitled
to a continuance, unless it shall appear to the satisfaction of
the court that it is necessary for the merits of the case. |
* Ch. 77.
In certain cases
judgment may be
entered against
supervisor.
Provisos. |
11. AND BE IT ENACTED, That any thing in the
act to which
this is a supplement repugnant to, or inconsistent with, the provisions
of this act, shall be and the same is hereby repealed. |
Part of an act repealed. |
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