LAWS OF MARYLAND.

1843

Sec. 3. And be it enacted, That in case the said com-
pany shall hereafter directly or indirectly charge and col-
lect a greater amount of toll than twenty-five cents for
each passenger for passing through the entire distance of
said canal; or shall charge and collect directly or indi-
rectly, any toll upon the seventy-five pounds of baggage,
allowed to be carried without toll by each and every pas-
senger under the second section of this act, the passen-
ger so paying the same may recover the same back from
the said company by a pioceeding before a justice of the
peace, in the same manner as small debts under the sum

CHAP. 314.

Not permitted
to charge more
than 25 cents
for each pas-
senger.

of twenty-six dollars and sixty-six and two-third cents
are now recoverable out of court; provided nevertheless,
that nothing in this act contained, shall prohibit said com-
pany from making special contracts with the proprietors
of any boats or lines of boats, passing through said canal
for payment by such proprietors of such consideration as
may be agreed on for the allowance of an increased rate
of speed beyond the customary speed of passenger boats
in respect of boats so constructed as to be capable of
passing through said canal, without injury thereto, at a
rate of speed beyond the speed allowed to vessels gener-
ally, by the regulations of said company; provided fur-
ther, that all boats of like construction shall be allowed to
pass through said canal, at the like rale of speed on the
same terms as the most favored; and provided further,
that no preference shall be allowed to boats or lines of
boats, the proprietors whereof shall so enter into special
contracts, over other passenger boats, in passing the locks
in regular turn, or in any other respect except in the al-
lowance of increased speed.

Provisoes.

Sec. 4. And be it enacted, That the service of the
summons for the said corporation, issued by the justice
of the peace, in any proceeding before him, growing out
of this act, upon any acting officer or agent of the com-
pany, shall be deemed a good service upon the company
itself; and upon the return by the officer to whom such
summons is directed, of the service of the process upon
any such acting officer or agent, the justice of the peace be
fore whom the same may be heard, may and shall proceed
in the usual form to try and determine the matter in contro-
versy, as if the said corporation had been regularly sum-

Service of
summons for
corporation is-
sued by jus-
tice, valid.

moned by service on the president.
Sec. 5. And be it enacted, That if the said canal
company shall charge and collect any other tolls on pas-
sengers or boats carrying passengers or their baggage
than those hereby authorized, it shall be considered as a
wilful violation of this act, and the attorney general of

The charging
or collecting
of any tolls
but those au-
thorised, a vi-
olation of char-
ter.