704 CORPORATIONS. [ART. 23

cause or, upon hearing of the matter, the said judge, if he deem such
course proper or necessary, shall pass an order directing the sheriff
to summon a jury of six persons, who shall be freeholders not inter-
ested in such roads, unless it be as users thereof, to meet on the part or
parts of the road mentioned in such petition upon a day to be named
in such order; and said jurors being first sworn by such sheriff, true
inquiry to make as to the condition of the road compained of, shall
view the part or parts of the road complained 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 condition may have continued; and an inquisition in writing,
specifying with particularity the places and the: character of such places
in such road, if any, which are not in the condition required by the
terms of the law under and by which such company was incorporated
shall be signed and sealed by such jurors, and returned by the sheriff
to the clerk's office of the circuit court for the county, or to the clerk's
office of the superior court of Baltimore city; and if said inquisition
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
clays 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 of
such insufficient width, until said road shall be put in good order and
repair and properly widened; and until the further order of such court,
the petitioners or the company may, before the confirmation of such
inquisition, demand a trial by a jury in court whether said road is in
good order and repair or of the proper width, or may move to quash the
proceedings for matter of law, and the court may adjudge, on the find-
ing of the jury or otherwise, as may be just, in accordance with the
principles of law, and may give judgment for costs against the peti-
tioner or petitioners, county or city, or against the corporation, or
apportion the costs in its discretion; provided, however, that the con-
firmation 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 for the refunding of all tolls collected after the
expiration of ten days from the return of the inquisition, if the same
be affirmed after such motion or trial by jury, at any time during the
progress of these proceedings the corporation sigainst which such peti-
tion is filed, may show to the court in which such petition is filed, by
affidavits or otherwise, that the defects complained of in such petition
have been remedied, and if said court be satisfied, either by affidavits,
the testimony 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 the petition shall
be dismissed with costs, in the discretion of the court as aforesaid, and
the corporation be allowed to collect tolls. Either the petition or the
corporation against which such petition is filed shall have the right to