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Id s ill
Locating road
through town
or city
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114. When such corporation shall desire to locate its road
within the limits of or through any incorporated town or city, it
shall obtain the consent of the corporate authorities of each town or
city, to be evidenced as provided in the case of county commis-
sioners.
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Id s 113
Agreement for
right of way
To be recorded
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116. Every agreement for a right of way through land shall be
in writing, acknowledged before a justice of the pence, and recorded
by the corporation amongst the records. of the county or city in
which the lands he, within six months after its date.
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Id s. 114
Flat.
To be recorded
Id s 115
Neglect to
repair road.
Petition to
Circuit Court
Jury.
Inquisition.
Confirmation
by court
Trial in court
Quashing pro-
ceedings.
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1 1 7. Before any turnpike or plank-road shall lie constructed,
the corporation shall cause a plat of the same, describing the ter-
mini and the proposed 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 ma. y be proposed to pass, in case the road to be con-
structed by said corporation is to pass to or through more than one
county.
118. If the corporation shall fail to keep in good order and
repair the road made by it, for a space of twenty days, any person
or persons may file a petition in the Circuit Court of the county in
which the part of such road not in good order and repair may be,
alleging the neglect to keep the same in good order and repair, and
any judge of said court, being first satisfied by ex parte proof of the
truth of the allegations of the petition, shall pass an order directing
the sheriff of the county to summon a jury of six persons qualified
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 said road is in good order and repair, and an inquisition 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 inquisition shall find that said road is not in good order
and repair, any judge of said court may, within ten days after the
return of said inquisition, confirm the same, and order that tolls
shall not be charged by said corporation 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 corporation may,
before the confirmation of said inquisition, demand a trial in open
court by a jury, whether said road is in good order and repair, or
may move to quash the proceedings for any matter of law, in which
case the State's attorney for the county shall appear for the peti-
tioners, and the proceedings on the part of the petitioners shall be
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