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Session Laws, 1912
Volume 370, Page 859   View pdf image
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PHILLIPS LEE GOLDSBOROUGH, ESQ., GOVERNOR. 859

the place or places in said" road so out of order, repair or of
such insufficient width, until said road shall be put in good
order and repair and properly widened, and until the further
order of said Court.

The petitioners or the company may, before the confirma-
tion of such inquisition, demand a trial by jury in Court
whether said road is in good condition or repair, or of the proper
width, or may move to quash the proceedings for matter of law,
and the Court adjudge, on the finding of the jury, or otherwise,
as may be just, in accordance with, the principles of law, and
may give judgment for cost against the petitioner or petitioners,
county or city, or against the corporation, or apportion the costs
in its discretion; provided, however, that the confirmation of the
inquisition shall not -be delayed more than fifteen days by the
filing of any motion to quash or for a jury trial by the corpora-
tion, unless such corporation shall give a bond to be approved
by the Court conditioned in the discretion of the Court for the
refunding of all tolls collected after the expiration of ten days
from the return of inquisition, if the same be affirmed, after
such motion or trial by jury, or conditioned in such other man-
ner as to the Court may seem best to serve the purposes of jus-
tice and equity.

At any time during the progress of these proceedings the cor-
poration against which said petition is filed, may show to the
Court in which such petition is filed, by affidavit or otherwise,
that the defects complained of in such petition have been reme-
died, and if said Court be satisfied, either by affidavits, the testi-
mony of witnesses or by the return of a commission of three
freeholders appointed by said Court, that the defects complained
of in such petition have been repaired and remedied, then said
petition shall be dismissed with costs, in the discretion of the
Court, as aforesaid.

Either the petitioners or the corporation against which said
petition is filed have the right to appeal to the Court of Appeals
of Maryland from any final order of such judge or Court.

SEC. 2. Be it enacted, That this act shall take effect from
the date of its passage.

Approved April 11, 1912.

 

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Session Laws, 1912
Volume 370, Page 859   View pdf image
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