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suit or action may plead the general issue, and give this act and the special matter in evidence, and
that the same was done in pursuance and by the authority of this act.
XXV. AND BE IT ENACTED, That if the said company shall not proceed to carry on the said
work within three years after this act comes into operation, or shall not, within ten years thereafter,
complete the said road, according to the true intent and meaning of this act, then, in either of
those cases, it shall and may be lawful for the legislature of this state to resume all and singular the
rights, liberties, privileges and franchises, by this act granted to the said company.
XXVI. AND BE IT ENACTED, That if the legislature should, at any time after the year one thou-
sand eight hundred and thirty-one, think proper to take possession of the said road, three persons
shall be appointed by the governor, and three by the president and managers of the said company,
and three by the judges of the court of Caecil county aforesaid, who are hereby required to appoint
the same, who, or any six or more of them, not having any interest in the said road, shall proceed
to examine and estimate the value of the property which the said company have therein, and certify
the amount thereof to the governor of this state, who shall cause the same to be laid before the le-
gislature at their next session, and whenever the amount so certified shall be paid by the state to the
said company, their right to take toll on the said road, together with all their right, title, claim and
interest therein, shall cease and determine.
XXVII. AND BE IT ENACTED, That if the said road shall be laid out and founded over and upon
any land whereby the owner thereof shall suffer damage, the person or persons sustaining such da-
mage may make application to the court of Caecil county aforesaid, and thereupon the court
shall appoint six fit and disinterested persons to view and judge the amount of the damages so done,
which, if approved or by the court, shall be paid by the company; provided always, that it shall be
the duty of the reviewers in assessing damages, to take into consideration the advantages derived
from the said road passing through the land of the complainant; and that when the said road shall
happen to be laid out and founded on any former laid out and confirmed road, the owner or owners
of such lands shall not be entitled to receive compensation from the company for any damages sus-
tained thereby.
XXVIII. AND BE IT ENACTED, That it shall not be lawful for the said company to put, cause,
or suffer to be put, any let, hinderance or obstruction whatever, with intent to obstruct or prevent
any other incorporated company for a similar purpose from forming a junction with the aforesaid
New-Castle and French-town turnpike road, or in any manner to prevent the passing or repassing to
and from the same, nor to prevent any such incorporated company, hereafter to be established by
law, in case the company hereby incorporated shall neglect to do so, to repair and improve that part
of the said turnpike road which may be opposite to the place where any such future turnpike road
may join the same, nor to prevent the Chesapeake and Delaware canal company, or any other canal
company, from cutting and making a canal across said New-Castle and French-town turnpike road.
CHAP. LXV.
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C H A R
LXIV.
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An ACT to repeal and abolish the forty-fifth Article of the Constitu-
tion and Form of Government.
BE IT ENACTED, by the General Assembly of Maryland, That the forty-fifth article of the constitu-
tion and form of government be and the same is hereby/repealed and utterly abolished.
II. AND BE IT ENACTED, That if this act shall be confirmed by the general assembly, after the
next election of delegates, in the first session after such new election, as the constitution and form
of government directs, that in such case this act, and the alteration of the constitution and form of
government therein contained, shall be taken and considered, and be valid, as a part of the said con-
stitution and form of government, to all intents and purposes, any thing therein contained to the
contrary notwithstanding.
CHAP. LXVI.
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Passed 6th of
Jan. 1810.
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An ACT for the relief of John Campbell, of Queen-Anne's County.
WHEREAS it is represented to this general assembly, that John Campbell, of Queen Anne's
county, has been engaged in the mercantile business, and has suffered considerable losses in
said business, and that he has lost a valuable vessel in the West-Indies, which has rendered him
Enable to pay his debt?: And whereas the said Campbell has followed the sea for several years past,
E
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Passed 6th of
Jan. 1810.
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