LAWS OF MARYLAND.

1842

CHAPTER 287.

CHAP. 288.

A supplement to an act entitled, An act relating to the
Franklin Turnpike Road.

Passed March
7, 1843.

WHEREAS it is represented that the Franklin Turnpike
Road Company never did perfect and construct five miles
in length of its turnpike road as required by the provisions
of its charter, and that the charging of tolls on said road is
without the authority of law — therefore,

Preamble,

SECTION 1. Be it enacted by the General Assembly of Ma-
ryland, That the judges of Baltimore county court are hereby
authorized and required, upon the application of any person
stating that any individual charges or receives tolls on said
turnpike road, to issue a summons for such person as is al-
ledged to have received such tolls, and if it shall appear to
the court that such tolls ought not to be received or charg-
ed, by reason that the said turnpike road was never con-
structed and perfected to such extent and in such manner as
to authorize the charging and receiving tolls according to
the provisions and conditions of the charter of the said
company, or by reason of said turnpike road not being kept
in the state and condition required by the provisions of said
charter, then the said court shall adjudge, that the person
so offending by receiving tolls, shall re-pay the tolls so receiv-
ed with costs.

Judges to is-
sue summons.

SEC. 2. And be it enacted, That if the court under the
aforegoing section, shall determine that tolls ought not to
be charged or received on said turnpike road, then the
gates shall be taken off from said road, and no tolls shall
thereafter be charged or received for travelling the same,
and the said court in the proceedings authorized by this
act shall have full power to coerce the appearance of the
parly accused, by attachment, and to summon witnesses
and to direct an issue to he procured and tried by a jury if
such proceedings be required by any party interested.

If court de-
termine that
tolls ought not
to be charged,
gates to be ta-
ken off.

CHAPTER 288.

A further supplement to an act regulating writs of error
and granting appeals to the Court of Appeals.

Passed March
7, 1843.

Be it enacted by the General Assembly of Maryland,
That in any case now pending or hereafter to be depending
in the Court of Appeals of the Eastern or Western Shore
32

Court to en-
tertain appeal
where no de-
fault of party
is proven.