924 ARTICLE 23

the places and the character of such places in such road, if any, which are
not in good order and repair or 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 the Clerk's Office of the Superior
Court of Baltimore City; and if said inquisition shall find 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 days 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 said
Court.

The petitioners or the company may, before the confirmation 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 pro-
ceedings 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 costs 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 corporation, 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 inquisition, if
the same be affirmed, after such motion or trial by jury.

At any time during the progress of these proceedings the corporation
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 remedied, and if said Court be satisfied, either by
affidavits, the testimony of witnesses or by the return of a commission of
three free-holders 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.

The provisions of this section shall not apply to Frederick County.

Act of 1894, ch. 607, held constitutional and valid. It did not provide for the taking
of private property, but simply adopted a method for compelling the corporation to
comply with its obligations and the law. While the statute did not provide in terms
for notice to company, it clearly contemplated a notice being given before inquisition.
Since act of 1894 did not provide for an appeal, no appeal lay (prior to the act of
1908, ch. 451). Back River Co. v. Homberg, 96 Md. 435 (decided in 1903).

Act of 1894, ch. 607, held to be more favorable to a turnpike company than the
provisions of its charter, and that said act was not so at variance with proceedings
contemplated by company's charter as to make them onerous, oppressive or uncon-
stitutional. This section applied. Williamsport, etc., Turnpike Co. v. Startzman, 86
Md. 364 (decided in 1897).

An. Code, 1924, sec. 325. 1912, sec. 393. 1904, sec. 354. 1888, sec. 243. 1868, ch. 471,

sec. 116.

323. If the inquisition shall be finally confirmed, and the said road
shall not be put in good order and repair within thirty days thereafter,
the said court may order that the right of the corporation to charge tolls
on any part of said road within the limits of said county be forfeited, until