ART. 23] TURNPIKES AND PASSENGER RAILWAYS. 703

the consent of the corporate authorities of each town or city, to be
evidenced as provided in the case of county commissioners.

1904, art. 23, sec. 350. 1888, art. 23, sec. 239. 1868, ch. 471, sec. 112.

389. When such corporation shall desire to locate the bed of a turn-
pike or plank road elsewhere than on the bed of existing county roads,
it may agree with the owners of lands for the right of way, or obtain
the same by condemnation.

See sections 126, 250, 269, 398, 399, et seq.

Ibid. sec. 351. 1888, art. 23, aec. 240. 1868, ch. 471, sec. 113.

390. Every agreement 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.

Ibid. sec. 352. 1888, art. 23, sec. 241. 1868, ch. 471, sec. 114.

391. Before any turnpike or plank road shall be constructed the
corporation shall cause a plat of the same, describing 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 pro-
posed to pass, in case the road to be constructed by said corporation is
to pass to or through more than one county.

Ibid. sec. 353. 1888, art. 23, sec. 242. 1868, ch. 471, sec. 115.
1894, ch. 607. 1908, ch. 451.

392. It 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 road or other toll road or roads to keep and
maintain the same in such good order and repair and of such width
ai 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 required by the terms of its charter, or of
the provisions of this article, if incorporated hereunder, for a space of
fifteen days, any person or persons may file a petition under oath 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 by which it has been incorporated, lies alleging the failure of such
company to keep its road-bed in good order and repair or of such
required width, whereupon any judge of the court in which such peti-
tion may be filed may and shall pass an order requiring the corporation
against which such petition is filed to show cause on or before a certain
day not less than five nor more than ten days from the service of notice
upon it why the prayer of the petition should not be granted; and,
provided, that a copy of such petition and of such order be served upon
such corporation; and either upon default of such corporation to show