1841.

LAWS OF MARYLAND.

chap. 283.

ment in which it shall or may be so stipulated or understood
as aforesaid, he, she, or they, so offending shall upon con-
viction thereof forfeit and pay for every such offence any
sum not less than three hundred dollars, nor more than one
thousand dollars, one half for the use of the informer and
the other half for the use of the State, and all moneys
hereafter paid by any person or persons in performance, or
in pursuance of any such void or prohibited contract or
agreement, as a difference between the price agreed upon
and the current price or value at the time stipulated or un-
derstood for the execution or performance of such void or
prohibited contract or agreement, or as damages for the
breach or non-performance of such void or prohibited con-
tract or agreement, or as damages for the breach or non
performance thereof, by any vender or purchaser in any
such case, or by way of compromise or otherwise, by rea-
son of any such void or prohibited contract or agreement,
or any breach thereof, shall be held and deemed to be
moneys had and received by the person or persons receiv-
ing the same, to and for the use of the person or persons
paying the same, and as such together with a penalty of
twenty per cent on the amount so paid and received with
lawful interest thereon shall be recoverable by the person
or persons so paying the same, his, her, or their executors,,
administrators, or assigns, and liable in the same manner that
other due to the payee or payers thereof are liable to at-
tachment or execution by the creditors thereof.

CHAPTER 283.

Passed March
8, 1842.

An act to authorize the laying out and opening a Road
through a part of Frederick and Montgomery Counties.

Commission-
ers.

Section 1. Be it enacted by the General Assembly of
Maryland, That Elias L. Delshmutt, S. R. Waters, James
W. Simmons, of Frederick county; and Gassaway Sellman
and Thomas Hodges; of Montgomery county, be and they
are hereby appointed commissioner, to survey, lay out and
open a road not exceeding forty feet in width, in the best
and straightest direction, taking all circumstances into con-
sideration, to commence on the eighth line of the Buckey's-
town road, running by Dudderow and Johnson's mill,, in
Frederick county, and from thence to intersect the mouth
of Patrick Murphy's lane, on the north east side of said
Murphy's house, thence to intersect the road: from Clarks-