The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1894-05-19
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An Act to repeal and re-enact with amend
ments Section 242, of Article %, of the
Code of Public General Laws, entitled
Corporations, subtitle Turnpike, Plank
Road and Passenger Railway Companies.
SECTION l. Be IL enacted by the General
Assembly of Maryland, That Section 242, of
Article %, of the Code of Public General
Laws entitled Corporations sub title
Turnpike, Plank Road and Passenger Rail-
way Companies be amended and re enacted
so as to read as follows:
SEC. 242. 1t shall be the duty Of all com.
panies 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 roads, 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 Incorporated, and if
any such company shall fail to keep its road
in such good order and repair or of the width
as required by the terms of its charter, or of
the provisions of this Article if incorporated
hereunder, for space of Is days, any person
or persons may file petition in the Circuit
Court for the county and the Superior Court
of Baltimore City, in which the part of such
road not in good condition and repair, or not
of the width or of the material required by its
charter or by the laws of which it has been
Incorporated, lies, alleging the failure of such
company to keep its roadbed in good order
and repair or of such required width; where
upon 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 meet 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 determine upon such view and the
evidence of such witnesses as may be pro-
duced by the petitioners or the company as to
the condition of such road and the time such
conditions may have continued, and an in.
QUESTION in writing shall be signed and sealed
by such jurors, and returned by the sheriff to
the Clerks office of the Circuit Court for the
county or to the Clerk Office of the Superior
Court of Baltimore City, and if said inquis-
ton shall find that said read is not in good
order and repair, or not Of the width required
by its charter, any Judge of said court may
within ten days after the return thereof, con
firm 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 placesin said
road so out of order, repair, or such INSULT
cient width, until said road shall be put in
good order and repair, and properly widened
and until the further order of such court, the
petitioners of the company may, before the
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 just in accordance with the principles of
law, and may give judgments for costs against
the county or city or against the corporation,
or against both in its discretion; provided
however, that confirmation of the inquisition,
shall not be delayed more than fifteen days
by the filing Of any motion to quash or for
jury trial by the corporation, unless said cor
poration shall give bond to be approved by
the court conditioned for the refunding Of
all tolls collected after the expiration of ten
days from the return of the inquisition, If
the same be affirmed after such motion or
trial by jury.
SEC. .. And be ii enacted, That this Act
shall take effect from the date of its passage.
Approved April 6, 1894.
FRANK BkOWN, Governor.
JOHN WALTER SMITH,
President of the Senate.
JAMES H. PRESTON,
Speaker of the House of Delegates.
We hereby certify, That the aforegoing is a
correct copy of an act of the General Assem-
bly, of Maryland, passed January session, 1894.
j. ROGER McSHERRY,
Secretary of the Senate.
B. L. SMITH,
Chief Clerk of the House of Delegates.