ART. 23] TURNPIKES AND PASSENGER RAILWAYS. 685

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 Baltimore 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 complained of, shall view the part or parts of the
roads complained of, and determine upon such view and the
evidence of such witnesses as may be produced by the peti-
tioners 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 office of the superior court of
Baltimore city; and if said inquisition shall find that said road
is not in good order and repair, or not of the width required by
its charter, any judge of said court may, within ten days after
the return thereof, confirm the same, and order that tolls shall
not be charged by such company at the gates next to on either
side of the place or places in said road so out of order, repair
or of such insufficient width, until said road shall be put in
good order and repair and properly widened, and until the
further order of such court. The petitioners or the company
may, before the confirmation of such inquisition, demand a trial
by a jury in court, whether said road is in good order and
lepair or of the proper width, or may move to quash the pro-
ceedings for matter of law, and the court may adjudge, on the
finding of the jury or otherwise, as may be just, in accordance
with the principles of law, and may give judgment for costs
against the county or city, or against the corporation, or against
both, in its discretion; provided, however, that confirmation of
the inquisition shall not be delayed more than fifteen days by
the filing of any motion to quash or for a jury trial by the cor-
poration, unless such corporation shall give a bond, to be
approved by the court, conditioned for the refunding of all tolls
collected after the expiration of ten days from the return of the
inquisition, if the same be affirmed after such motion or trial
by jury.

Turnpike Co. v. Starzman, 86 Md. 369. Back River Co. v. Homberg, 96
Md. 435