CORPORATIONS. Y91
and this section shall apply as well to all turnpike and plank road com-
panies incorporated under special acts of the general assembly of Mary-
land, as to those incorporated under the provisions of this article.
An. Code, sec. 387. 1904, sec. 348. 1888, sec. 237. 1868, ch. 471, sec. 110.
319. If a company shall be formed to make a turnpike or plank road
through several of the counties of the State, when the same shall be finally
completed, a report as mentioned in section 316 shall be made to the comp-
troller, and by him laid before the governor, of the entire cost of said road;
and the governor shall thereupon appoint five commissioners to examine
and report to him, on the construction of said road, its adaptation to public
uses, the whole cost thereof, and the revenue and expenses of maintaining
the same, as far as ascertainable; and if said report shall be favorable, the
governor shall issue his warrant to said corporation, authorizing it to estab-
lish toll-gates, and specifying the rates of toll which may be charged by said
corporation, so that a dividend of eight per centum net, may be made to the
stockholders, and the warrant of the governor shall be final in the premises;
and the company shall report annually to the comptroller, who shall lay
the same before the governor, who may order a change of location of gates,
and of the amount of tolls to be charged, and issue his warrant accordingly,
whenever he may deem the same necessary to effectuate the intent of these
provisions.
An. Code, sec. 388. 1904, sec. 349. 1888, sec. 238. 1868, ch. 471, sec. 111.
320. When such corporation shall desire to locate its road within the
limits of or through any incorporated town or city, it shall obtain the con-
sent of the corporate authorities of each town or city, to be evidenced as
provided in the case of county commissioners.
An. Code, sec. 389. 1904, sec. 350. 1888, sec. 239. 1868, ch. 471, sec. 112.
321. When such corporation shall desire to locate the bed of a turnpike
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 secs. 154, 184, 203, 330, 331, 399, el seq., and art. 33A.
An. Code, sec. 390. 1904, sec. 351. 1888, sec. 240. 1868, ch. 471, sec. 113.
322. 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.
An. Code, sec. 391. 1904, sec. 352. 1888, sec. 241. 1868, ch. 471, sec. 114.
323. Before any turnpike or plank road shall be constructed the cor-
poration shall cause a plat of the same, describing the termini and the pro-
posed 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 corporation is to pass to or through more than
one county.
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