1842

FRANCIS THOMAS, ESQUIRE, GOVERNOR.

CHAP. 283.

On failure of
proprietors to
comply, gate
keeper to de-
mand $1 for
every stage.

SEC. 3. And be it enacted, That in the event of said
proprietors or agents failing or refusing to comply with the
provisions of the second section of this act, then and in
that case it shall be the duty of the gate keeper at gate
number one, to demand of and recieve from such proprie-
tor or proprietors so failing, the sum of one dollar for each
and every stage coach passing over said road its entire length.

Superinten-
dent to insti-
tute suit for
tolls.

SEC. 4. Arid be it enacted, That the superintendent of
said road, may and it is hereby declared to be his duty to
institute proceedings at law either in the county court or be-
fore a justice of the peace against the proprietors of all or any
of the stage coaches upon their refusal or neglect to pay all
tolls imposed by this act, and said proceedings at law shall
be instituted and maintained in the name of the said super-
intendent, and in case of the owners of said stage coaches
residing without the limits of Allegany county, a service
of the warrant or capias upon the driver of said coaches,

Proviso.

shall be sufficient, provided, in case the service shall be made
upon the driver it shall be competent for the owner or ow-
ners of said coaches on motion, to be made parties to such
proceedings and to defend such suits.

Gate keeper
No. l, to keep
on account &-c

SEC. 5. And be it enacted, That it shall be the duty of
said gate keeper at gate No. 1, to keep an accurate account
of the number of times said coaches shall pass through
said gates monthly.

Repealed,

SEC. 6. And be it enacted, That all acts inconsistent
with the provisions of this act, be and the same are hereby
repealed.

To go into
force 1st April

SEC. 7. And be it enacted, That this act shall go into
effect and be of full force on the first day of April next.

CHAPTER 283.

Passed March
9, 1843.

An act relating to suits an Constables Bonds.

Receipt of the
constable to
creditor de-
clared to be
sufficient.

SECTION 1. Be it enacted by the General Assem-
bly of Maryland, That in all actions or suits in court by
any creditor upon the bond of any constable, for any ne-
glect of duty or default, in not prosecuting; and recovering
money upon any claim placed in the hands of such consta-
ble for collection according to law, or for a breach of duty
in not paying over money collected by him upon any such
claim, the receipt of such constable to the creditor or his
agent for the claim for collection, or proof that he received
it for collection according to law, shall be sufficient prima