932

LAWS OF MARYLAND.

CHAPTER 607.

AN ACT to repeal and re enact with amendments, Section
242 of Article 23 of the Code of Public General Laws,
entitled "Corporations," sub-title "Turnpike, Plank Road
and Passenger Railway Companies."

Amendment.

SECTION 1. Be it enacted by the General Assembly of
Maryland, That section 242 of article 23 of the Code of
Public General Laws, entitled "Corporations," sub-title "Turn-
pike, Plank Road and Passenger Railway Companies," be
amended and re-enacted so as to read as follows :

SEC. 242. It shall be the duty of all companies, which may

Road to be
kept in
repair.

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,

May file peti-
tion against
company.

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

Duty of

judge

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 direct-
ing the sheriff to summon a jury of six persons, who shall be
freeholders, 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 road men-
tioned 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 road complained of, and determine upon such view
and the evidence of" such witnesses 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