ART. 23.] TURNPIKE, PLANK ROAD. 379

termini 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 may be proposed to pass, in case the road to De-
constructed by said corporation is to pass to or through more than
one county.

1868, ch. 471, sec. 115.

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