684 CORPORATIONS. [ART. 23

town or city, to be evidenced as provided in the case of county
commissioners.

1888, art. 23, sec. 239. 1868, ch. 471, sec. 112.

350. When such corporation shall desire to locate the bed of
a turnpike or plank road elsewhere than on the bed of existing
county roads, it may agree with the owners of lands for the
right of way, or obtain the same by condemnation.

Ibid. sec. 240. 1868, ch. 471, see 113.

351. Every agreement for a right of way through land shall
be in writing, acknowledged before a justice of the peace, and
recorded by the corporation amongst the records of the county
or city in which the lands lie, within six months after its date.

Ibid. sec. 241. 1868, ch. 471, sec. 114.

362. Before any turnpike or plank road shall be constructed
the corporation shall cause a plat of the same, describing the
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 be
constructed by said corporation is to pass to or through more
than one county.

Ibid. sec. 242. 1868, ch. 471, sec. 115. 1894, ch. 607.
353. 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