A. W. BRADFORD, ESQUIRE, GOVERNOR.

whereas, the charter incorporating the said Bal-
timore and Harford Turnpike Company, is and
should be construed as a contract between the
Public and the Company, the terms of which
contract are expressed in their said charter,
wherein the good and perfect order and repair
of their said Highway, is made a condition pre-
cedent to the exercise of their franchise to take
toll ; and whereas, it is a manifest wrong and
injustice to the public that the said Baltimore
and Harford Turnpike Company should levy
tolls while in violation or evasion of those con-
ditions and provisions of their said charter, re-
lating to and providing for the good and perfect
order and condition in which their said high-
way shall be kept, with the design, purpose and
intent, on the part of the Legislature, thereby
to secure and promote the well being, use, bene-
fit, advantage, convenience, and general pros-
perity of the public. In consideration of all of
which, and the better to define, enforce and se-
cure the rights and remedies provided by and
contained in, but obscured by the ambiguous
language or the absence of technical legal forms
of expression, in the said charter of the Balti-
more and Harford Turnpike Company; There-
fore,

353

SECTION 1. Be it enacted by the General Assembly
of Maryland, That if at any time hereafter, the
Baltimore and Harford Turnpike, or any part or
parts, portion or portions, place or places, thereof,
shall, in pursuance of the directions of the charter,
(by inquisition,) be found defective and out of or-
der and repair, contrary to the intent and mean-
ing of the charter, it shall be the duty of the Jus-
tice of the Peace, before whom the said inquisition
hath been found, to cause a copy of the said in-
quisition, duly certified under his proper hand and
seal, to be served upon the Secretary or any officer
of the said Baltimore and Harford Turnpike Com-
pany ; and if within fifteen days thereafter, that
is from and after the day of the service of the said
copy of the inquisition, the part or parts, portion
or portions, place or places, of the said Baltimore
and Harford Turnpike, found by inquisition to be
and 'described as out of order and repair, contrary
to the force, effect, contemplation, intent and

45

Road in good
repair necessa-
ry to collection
of tolls, &c.