PHILIP F. THOMAS, ESQUIRE, GOVERNOR.

1847.

the peace in Allegany county, and a production of a
copy of the bond of said superintendent or other repre-
tative of said road before the justice of the peace, certi-
fied by the clerk of Allegany county court, shall be suffi-
cient evidence to authorise the said justice of the peace
before whom any case may be pending, to enter judg-
ment against the said superintendent or other represen-
tative of said road and his or their securities, for the
amount which he may adjudge to be due, on which
judgment an appeal may be taken by either party

CHAP. 201.

to Allegany county court as in other cases; provided,
that nothing contained in sections six and seven of this
bill shall apply to the settlement of accounts of W. T.
Duvall, the present superintendent, or the accounts of
C. M. Thruston, H. R. Hazlehurst and M. T. Evans,
late directors of said road.

Proviso.

SEC. 8. And be it enacted, That before the auditors
appointed in the first section of this act shall enter upon
their duties as such, shall each take an oath that he will
faithfully and without prejudice or partiality, fear, favor
or affection discharge the duties of auditor.

Auditors to

take an oath.

SEC. 9. And be it enacted, That the clerk of the
House of Delegates be and he is hereby required to

have this act published three times in all the papers
printed in the town of Cumberland immediately after its
passage, to be paid for by the auditors as aforesaid out
of any monies belonging to said road.

Act to be pub-

lished.

SEC. 10. And be it enacted, That this act shall go into
operation immediately after its passage.

In force.

SEC. 11. And be it enacted, That in case of death,
refusal to act or removal out of Allegany county of all
Of either of the auditors named in the first section of this
act, the Governor shall immediately fill such vacancy or
Vacancies by the appointment of a competent person or
persons to discharge the duties hereinbefore prescribed.

Vacancies —
how filled.

SEC. 12. And be it enacted, That all acts of assem-
bly or parts of acts, inconsistent with the aforegoing

sections of this act, be and the same are hereby repeal-
ed.

Inconsistent
acts repealed.