66

CORPORATIONS. [ART. 26.

alleging the neglect to keep the same in good order
and repair, and any judge of said court, being first sat-
isfied by ex parte proof of the truth of the allegations
of the petition, shall pass an order directing the sheriff

Jury.

of the county to summon a jury of six persons quali-
fied to serve as jurors in the circuit court, to meet on
the part of the said road mentioned in the petition,
and the said jurors being first duly sworn or affirmed
by said sheriff, shall inquire whether the said part of

Inquisition.

said road is in good order and repair, and an inquisi-
tion in writing shall be signed and sealed by said
jurors, and returned by the sheriff to the clerk's office
of the circuit court of the county, and if said inquisi-
tion shall find that said road is not in good order and
repair, any judge of said court may, within ten days

Confirmation
by court.

after the return of said inquisition, confirm the same,
and order that tolls shall not be charged by said corpo-
ration at the gates next on either side the place in said
road so out of order and repair, until the said road
shall be put in good order and repair; but the corpo-
ration may before the confirmation of said inquisition,

Trial in court

demand a trial in open court, by a jury, whether said
road is in good order and repair, or may move to

Quashing pro-
ceedings.

quash the proceedings for any matter of law, in which
case the state's attorney for the county shall appear for
the petitioners, and the proceedings on the part of the
petitioners shall be conducted at the cost of the county,
and the court may adjudge on the finding of the jury
or otherwise, as may be just and in accordance with

Judgment.

principles of law, and may give judgment for costs
against the county or against the corporation, in its
discretion.

When right to
charge tolls
forfeited.

116. 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 it shall be made to appear to
said court by said corporation that the whole of said
road within said county has been put in good order