1843

FRANCIS THOMAS, ESQUIRE, GOVERNOR.

CHAP. 314.

the state or his deputy in that portion of the state through
which the canal passes, is hereby directed to issue a scire
facias out of Cecil county couit for a forfeiture of its
charter or to institute any other proceedings which in
their or either of their judgments may be deemed neces-

Enritled to
trial and judg-
ment at first
term.

sary to raise and determine the question of its forfeiture.
Sec. 6. And be it enacted, That the said proceedings
so instituted, shall be entitled to a trial and judgment at
the first term to which it is returnable, unless in the dis-
crection of the court, upon affidavit made by the defend-
ants, there should be a good ground of continuance to the
succeeding term.

Right reser-
ved.

Sec. 7. And be it enacted, That the State of Mary-
land hereby reserves to itself the right to change and mo-
dify any of the provisions of this act and lessen the rates
of toll upon passengers passing through the said canal,
hereby granted to the said corporation, by the first section
of this act, if the public interest should hereafter require it.

In case said
company may
not accept the
provisions of
this act, and
within 60 days
after its pas-
sage charge,
it may be re-
covered back.

Sec. 8. And be it enacted, That if the said Chesapeake
and Delaware Canal Company shall not accept of the pro-
visions of this act, and shall nevertheless at any time af-
ter sixty days from the passage of this act charge and
collect iiny toll upon passengers, passing through said
canal, and any passenger so paying the same shall be enti-
tled to recover back from the said company such illegal
toll in the same manner as is allowed to passengers pay-
ing excessive toll by the third and fourth sections of this
act; and it shall be the duty of the attorney general
or any of his deputies, upon information laid before
him or them of such illegal exaction of toll, to institute
the same proceedings against the said corporation as are
directed by the fifth and sixth sections of this act, which
are hereby made subject to the same provisions, as cases
arising under those sections.

May establish
and maintain
line of boats.

Sec. 9. And be it enacted, That the said company shall
have the power and authority and they are hereby autho-
rized to establish and maintain a line or lines of boats
for the conveyance and transportation of passengers and
merchandize or other articles to and from the city of Bal-
timore and Philadelphia through the said canal, and to
and from all intermediate places; and the said company is
hereby invested with all the rights, privileges and powers
needful and proper to be exercised for that purpose; pro-

Proviso.

vided however, that said line or lines of boats shall have
no preference whatever over the ether lines running
through said canal and regularly engaged in conveying
passengers, and if any such preferences shall at any time
be given, it shall subject the said canal company to the