The Prince George's enquirer and southern Maryland advertiser. (Upper Marlborough, Md.) 1882-1925, 1894-05-04
CHAPTER GOT.

CHAPTER COT.
AN ACT TO REPEAL AND RE-ENACT WITH
AMENDMENTS SECTION 242, OF AR
TICLE %, OF THE CODE OF PUBLIC
GENERAL LAWS, ENTITLED "CORPOR-
ATOMS" SUBTITLE TURNPIKE,
PLANK ROAD AND PASSENGER RAIL-
WAY COMPANIES.
SECTION ]. Bel enacted, byths General As
sen big Of Mr. la. d, That Section 242, OF
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 lads, to keep and
maintain the same in such good order and
repair and of such width as required by the
terms of the Law an1er or by which incor-
porated. and il any such company shall fail
to keep its road i'll such good order and re-
pair or of the width required by the terms
of its charter. or of the provisions OF this
article if incorporated hereunder, for space
of fifteen days, any person or persons may HE
a 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-
t;ition and repair. or not Of the width or OF
the material required by-ts charter or by the
laws Of which it has been incorporated, lies,
ALLEGING the failure OF such company to keep
its roa ihed in good order and repair or of
such required width; whereupon any Judge
of the court in which said petition may be
fled may and shall pass al order directing
the sheriff to summon a jury Of SIX persons
who shall be free holders or to the Clerk 8
Office Of the Superior Court of Baltimore City
not interested in sucn roads unless 1t be as
users thereof. to met on the part or parts OF
The road mentioned in such petition; and the
said Jurors being first sworn by such sherl1,
true inquiry to make as to the condition OF
the road complained Sf, shall view the part
Or parts Of the read complained of, and de-
ternine upon such view and the evidence u
such witnesses as may be produced ny the
petitioners or the company as to the condl-
ton of such road and the time such conditions
may have continued and an inquisitIon IN
writing shall be signed and sealed by such
jarots. and returned by the sheriff to the
Clerks Office Of the Circuit Court for the couh-
ty or to the Clerks office of the Superior Court
of Baltimore City and ii said inluisition shall
find that said road 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, 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 1nsufn-
Gent width until said road shall Do put III
good order and repair, and properly w1dened
and until the further order of such court, the
petitioners of the company may, before the
confirmation of such inquisition, demand
trial by a jury in court, whether said ROAD Is
in good order aud repair or OF the proper
width, or may move to quash the proceedings
for matter of law, and the court may adJudse
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 its discretion;
provided however, that confirmation OF the
inuuisition, shall not be delayed more than
fifteen days by the filing OF any motion 10
auash or for a jury trial by the corporation,
unless such corporation shall give a bond to
be approved by the court conditioned Tor the
yefundins of all tolls collected after the eX-
piration OF ten days from the return OF the
inuuisition, if the same be affirmed after sucn
motion or trial by jury.
SECTION 2, And be it 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
correct copy of an act OF the General Assem-
bly, of Maryland, passed January session.
1894,
Secretary Of the Senate.
B. L.. SMITH,
Chief Clerk Of the House Of Delegates.