132 CORPORATIONS. [ART. 23

said companies in accordance with the provisions of sub-title
turnpike, plank road and passenger railway companies, and this
section shall apply as well to all turnpike and plank road compa-
nies incorporated under special acts of the General Assembly of
Maryland, as to those incorporated under the provisions of this
article.

1894, ch. 607.

242. 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 or other toll road or
roads, to keep and maintain the same in such 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 such 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 in the circuit court for
the county and the Superior Court of Baltimore city, in which
the part of such road not in good condition and repair, or not of
the width or of the material required by its charter, or by the
laws by which it has been incorporated, lies, alleging the failure
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 six persons, who shall
be freeholders, to the clerk's office of the circuit court for the
county, or to the clerk's office of the Superior Court of Balti-
more city, not interested in such roads, unless it be as users
thereof, to meet on the part or parts of the roads mentioned in
such petition; and the said jurors being first sworn by such
sheriff, true inquiry to make as to the condition of the road com-
plained of, shall view the part or parts of the roads complained
of, and determine upon such view and the evidence of such wit-
nesses 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 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 to the clerk's