CORPORATIONS 923

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

An. Code, 1924, sec. 321. 1912, sec. 389. 1904, see. 350. 1888, sec. 239. 1868, ch. 471,

sec. 112.

319. 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. 153, 185, 206, 328, 329, 410, et seq., and art. 33A.

An. Code, 1924, sec. 322. 1912, sec. 390. 1904, sec. 351. 1888, sec. 240. 1868, ch. 471,

sec. 113.

320. 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, 1924, sec. 323. 1912, sec. 391. 1904, sec. 352. 1888, sec. 241. 1868, ch. 471,

sec. 114.

321. 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.

An. Code. 1924, sec. 324. 1912, sec. 392. 1904, sec. 353. 1888, sec. 242. 1868, ch. 471,
sec. 115. 1894, ch. 607. 1908, ch. 451. 1912, ch. 587. 1914, ch. 523.

322. 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 good order and repair and of such width as required by the terms
of the law under or by which incorporated; and if any such company shall
fail to keep its road in 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 of the County and the Superior
Court of Baltimore City, in which the part of such road not in good condi-
tion and repair or not of the width or of the material required by its char-
ter, or by the laws by which it has been incorporated, lies, alleging the fail-
ure 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 petition
may be filed may and shall pass an order directing the Sheriff to summon
a jury of not more than six persons, who shall be freeholders, not inter-
ested in such roads, unless it be as the 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 complained 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