942

LAWS OF MARYLAND.

In writing.

Sec. 113. And be it enacted, That every agree-
ment for a right of way through land shall be in
writing, acknowledged before a Justice of the
Peace, and recorded by the corporation, amongst
the records of the county or city in which the
lands lie, within six months after its date.

Plat to be
made.

Sec. 114. And be it enacted, That before any.
turnpike or plank road shall be constructed, the
corporation shall cause a plat of the same, describ-
ing the termini and the proposed location, to be
made and recorded in the clerk's office of the
county in which the same may be located, and in
the clerk's office of every city and county, into or
through which the same may be proposed to pass,
in case the road to be constructed by said corpora-
tion is to pass to or through more than one county.

Must keep in
repair.

Sec. 115. And be it enacted, That if the corpora-
tion shall fail to keep in good order and repair the
road made by it, for a space of twenty days, any
person or persons may file a petition in the Circuit
Court of the county in which the part of such
road not in good order and repair may be, alleg-
ing the neglect to keep the same in good order
and repair, and any Judge of said court, being
first satisfied by ex parte proof of the truth of the

Jury.

allegations of the petition, shall pass an order di-
recting the Sheriff of the county to summon a
jury of six persons qualified to serve as jurors in
the Circuit Court, to meet on the part of the said
road mentioned in the petition, and the said jurors
being first duly sworn or affirmed by said Sheriff,
shall inquire whether the said part of said road is
in good order and repair, and an inquisition in
writing shall be signed and sealed by said jurors,
and returned by the Sheriff to the clerk's office of
the Circuit Court of the county, and if said inqui-
sition shall find that said road is not in good order

Inquisition.

and repair, any Judge of said court may, within
ten days after the return of said inquisition, con-
firm the same, and order that tolls shall not be
charged by said corporation at the gates next on
either side the place in said road so out of order
and repair, until the said road shall be put in
good order and repair ; but the corporation may
before the confirmation of said inquisition, demand
a trial in open court, by, a jury, whether said