PHILLIPS LEE GOLDSBOROUGH, GOVERNOR. 889

of this Article, if incorporated hereunder, for a space of fifteen
days, any person or persons may file a petition under path in
the Circuit Court of the County and the Superior Court of Bal-
timore City, in which the part of such road not in good condi-
tion 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 roadbed
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 not more than six persons, who shall be free-holders, not
interested in such roads, unless it be as the 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 con-
dition 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 petition-
ers or the company as to the condition of such road and the time-
such condition may have continued, and an inquisition in writ-
ing specifying with particularity the places and the character
of such places in such road, if any, which are not in good order
and repair or in the condition required by the terms of the law
under and by which such company was incorporated, 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 the
Clerk's office of the Superior Court of Baltimore City; and if
said inquisition shall find 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, con-
firm 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 prop-
erly widened, and until the further order of said Court.

The petitioners or the company may, before the confirmation
of such inquisition, demand a trial by jury in Court whether
said road is in good condition or repair, or of the proper width,
or may move to quash the proceedings for matter of law, and
the Court adjudge, on the finding of the jury, or otherwise, as;
may be just, in accordance with priciples 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; provided, however, that the confirmation!