74 LAWS OF MARYLAND.

whereupon any judge of the court in which such petition may
be filed may and shall pass an order requiring the corporation
against which such petition is filed to show cause on or before a
certain day not less than five nor more than ten days from the
service of notice upon it why the prayer of the petition should
not be granted; and, provided, that a copy of such petition and
of such order be served upon such corporation; and either upon
default of such corporation to show cause or, upon hearing of
the matter, the said judge, if he deem such course proper or
necessary, shall pass an order directing the sheriff to summon a
jury of six persons, who shall be freeholders not interested in
such roads, unless it be as users thereof, to meet on the part or
parts of the road mentioned in such petition upon a day to be
named in such order; and 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 road 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, specifying
with particularity the places and the character of such places
in such road, if any, which are not in the condition required by
the terms of the law under and by which such company was in-
corporated shall be signed and sealed by such jurors, and re-
turned 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 toils
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
repair 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 petitioner or petitioners, county or city, or against
the corporation, or apportion the costs in its discretion; pro-
vided, however, that the 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 corporation, unless