Saint Mary's beacon., 1894-05-31
CHAPTER 607.

CHATTER Coz.
An act to repeal and re-enact with ameni-
ments section 242, Of article %, of the
Code of Public General Laws. entitled
"Corpo rations," sub title turnpike,
Plank Road and Passenger Railway
Companies"
Section 1. Be it enacted, by the General
Assembly of Maryland, That section 242,
of Article %, of the Code Of Public General
Laws entitled Corporations" subtitle
Turnpike, Plank Road and Passenger
Railway Companies" be amended and re-
enacted so as to read as follows:
Section 242. II 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 roads, 70 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 provis-
ions of this article If incorporated hereun.
der, for q space of fifteen days, any person
or persons may file petition in tbs Cir
cult Court for the county and the Superior
Court of Baltimore City, In which the pari
of such road NOT In good condition and
repair, or not of the width orof the material
reqniEed bT its charieE Qx BIZ. the lava of
which Il has been Inc6f5 Ted, Iles 80
ing the failure Of such company to keep its
road 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 1t
be as users thereof, 10 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 rarts of the road complain
ed of. and determine upon such view and
the evidence of such witnesses as may be
produced by the petitioners or the company
as to the condition of such road and the
time such conditions may have continued,
and an inquisition in writing shall be
signed and sealed by such jurors, and re-
turned by the sheriff to the Clerks Office of
the Circuit Court for the county or to the
Clerks Office of the Superior Court Of
Baltimore City, and If said inquisision 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 insufficient width, until said road
shall be put in good order and repair, and
properly widened sud until the further
order of such court, the petitioners of the
company may, before the confirmation oi
such inquisition, demand trial bya jury
in court, whether said road is in good order
and repair or Of the proper width, or may
move to quash the proceedings fof matter o
law, and the curt may adjudge on the
finding of the jury or otherwise as may b
| just in accordance with the principles o.
law, and may give judgments for cost
| against the county or city or against the
corporation, or against both In lis discretion
provided however, that confirmation Of the
| inquisition, shall not be delaSsd more thar
fifteen days by the filing Of any motion Z
quash or for jury trial by the corporatior
unless such corporation shall give bono
to be approved by the. court conditioned
for the refnnding Of all tolls collected aite
the expiration Of ten days from the returr
Of the inouisition, If the same be affirmes
after such motion or trial by jury
| SEC, g AHd Be it enacEsd, That this Ac
| shall take effect from the date Of its passage
Approved, April 9, 1894.
| FRANK BROWN, Governor.
JOHN WALTER SMITH,
| President of the Senate.
JAMES III. PRESTON.
Speaker Of the House Of Delegates.
We hereby certify that the aforeeoing /
q correct copy Of an Act OF the Genera
Assembly of Maryland, passed Januar
Session, 1894.
j. ROGER McSHERRY,
/ Secretary OF the Senate.
3. L. SMITH,
Chief CLERK Of the House Of Dele9ates.
WA lady at Tooleys. Ia. MS