Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1894-05-04
CHAPTER COZ.

| NACTTO REPEAL AND RE-ENACT WITH
AMENDMENTS SECTION 1872, OF AR
TICLE 20, OF THE CODE OF PUBLIC
GENERAL LAWS ENTITLED "C0RP0R-
ATOMS" SUBTITLE TURNPIKE,
PLANK ROAD AND PASSENGER RAIL-
SECTION !, Be IL enacted, blythe General As
Article %, of the Code of Public General
Laws entitled Corporations" subtitle
"Turnpike, Plank Road and Passenger Rail
way Companies be amended and re-enacted
so as to read as follows;
SECTION 242. 1t shall be the duty Of all
companies which may have been or may
hereafter be incorporated under any law or
laws of this State to make any turnpike,
plank or other toll road or -->ads, to keep and
maintain the same In such good order and
repair and Of such width as required by the
terms Of the law under or by which incor-
porated, and II any such company shall fail
to keep its road in such good order and re-
pair or OF the width as required by the terms
of its charter, or of the provisions of this
article II incorporated hereunder, for space
OF fifteen days, any person or persons may ME
petition in the Circuit Court for the county
and tho Superior Court of Baltimore City. in
which the part OF such road not in good con-
dition and repair, or not of the width or OF
the material required by its charter or by the
laws Of which II has been incorporated, lies,
dD5XtDG lulluTt Vi SUN COMPANY w hV1P
It's roa ibod in good order and repair or of
such required width; whereupon any Judge
of the court in which said petition may be
filed may and shall pass an order directing
the sheriff to summon jury OF six persons
who shall be free holders or to the Clerks
Office OF the Superior Court of Baltimore City
not Interested in such roads unless it be AS
users thereof. to moot on the part or parts of
the road mentioned in such petition; and the
said jurors being first sworn by such sheriff,
true inquiry to make as to the condition OF
the road complained Of shall view>the part
or parts Of the road complained of, and de-
termlne upon such view and the evidence u
such witnesses as may be produced by the
petitioners or the company as to the condi-
ton of such road and the time such conditions
may have continued, and an inquisition In
writing shall be signed and sealed by such
jarofs, and returned by the sheriff to the
Clerks Office of the Circuit Court for the coun-
ty or to the Clerks Office OF the Superior Court
OF Baltimore City, and II said inquisition shall
find that said road Is not in good order ana
repair, or not OF the width required by its
charter, any Judge of said court may within
ten days after the return thereof, confirm the
same, and order that tolls shall not be
charged by such company at the gates next
to on either side OF the place or places in said
road so out OF order, repair, or such INSULT
| Gent width, until said road shall be put in
| good order and repair, and properly wtdened
| and until the further order OF such court, the
petitioners OF the company may, Deiore tne
| confirmation OF such inquisition, demand
| trial by jury in court, whether said road is
| in good order and repair or of the proper
width, or may move to quash the proceedings
| for matter of law, and the court may adjudge
| on the finding OF the jury or otherwise as may
be lust in accordance with the principles OF
| law, and may give judgments for costs
| against the county or city or against the cor
poration, or against both in It's discretion;
| provided however, that confirmation OF the
| inquisition, shall not be delayed more than
| fifteen days by the filing OF any motion to
/ auash or for jury trial by the corporation,
unless such corporation shall give bond to
| be approved by the court conditioned for the
| refunding of all tolls collected after the ex-
| piration OF ten days from the return OF the
| motion or trial by jury.
! SECTION 2. And be IL enacted, That this
| Act shall take effect from the date OF its
passage.
Approved April 6, 1894
FRANK BROWN, Governor.
JOHN WALTER SMITH,
President Of the Senate.
JAMES H. PRESTON,
| Speaker OF the House of Delegates.
We hereby certify That the aforegoing is
q correct copy Of an act Of the General Assem-
bly, Of Maryland, passed January session,
1924,
| Secretary OF the Senate.
B. L. SMITH,
Chief Clerk OF the House OF Delegates.