ART. 23] TURNPIKES AND PASSENGER RAILWAYS. 705

appeal to the court of appeals of Maryland from any final order 'off

such judge or court.

The act of 1894, ch. 607, held constitutional and valid. It did not provide
for the taking of private property, but simply adopted a method for com-
pelling the corporation to comply with its obligations and the law. While
the statute did not provide in terms for notice to the company, it qlearly
contemplated a notice being given before the inquisition. Since the act of
1894 did not provide for an appeal, no appeal lay (prior to the act of 1908,
ch. 451). Back River Co. v. Homberg, 96 Md. 435 (decided in 1903).

The act of 1894, ch. 607, held to be more favorable to a turnpike company
than the provisions of its charter, and that said act was not at variance with
the proceedings contemplated by the company's charter as to make them
onerous, oppressive or unconstitutional. This section applied. Williamsport,
etc., Turnpike Co. v. Startzman, 86 Md. 364 (decided in 1897).

1904, art. 23, sec. 354. 1888, art. 23, sec. 243. 1868, ch. 471, sec. 116.

393. If the inquisition shall be finally confirmed, and the said road
shall not be put in good order and repair within thirty days thereafter,
the said court may order that the right of the corporation to charge
tolls on any part of said road within the limits of said county be for-
feited, until it shall be made to appear to said court by said corporation
that the whole of said road within said county has been put in good
order and repair, when said order of forfeiture may be rescinded by the
said court.

Cited but not construed in Williamsport, etc., Turnpike Co. v. Startzman,
86 Md. 369.

Ibid. sec. 355. 1888, art. 23, sec. 244. 1868, ch. 471, sec. 117.
1906; ch. 503. 1908, ch. 240, sec. 355.

394. If, within six months after the date of an order of the court
forfeiting the right of the corporation to charge tolls, the said road
shall not have been put in good order and repair within the limits of
the county in which said order may have been passed, the said road
within said county shall be forfeited by the corporation, and shall vest
in the county commissioners, who shall cause the same to be put and
kept in good order or repair, and collect tolls sufficient for that purpose,
or may transfer the same to another corporation in their discretion, in
which case the new corporation shall have the same rights and fran-
chises and be subject to the same conditions and forfeitures as the origi-
nal corporation constructing said road; provided, however, that when-
ever proceedings as aforesaid have been instituted against the turnpike
company incorporated under any special act of assembly containing
provisions for penalties or forfeitures other than those in this article
prescribed, it shall be the duty of the clerk of the court in which such
proceedings were so instituted upon the expiration of the period of six
months after the passage of the order of court prescribed in section 392
of this article, to certify to the governor of Maryland the fact, if such
be then the case, that such order was passed and stands unrevoked;
thereupon it shall be the duty of the governor to direct the State's attor-
ney of said county to forthwith file a petition in such court in the
name of the State of Maryland, praying the forfeiture of the charter
of the company so in default, and reciting the proceedings aforesaid,
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