1847.

LAWS OF MARYLAND.

CHAP. 34.

In case of ne-
glect.

Jury to be

summoned.

Notice to be
given to said
company.

dred and twenty-one, chapter one hundred and thirty-
one, shall neglect to keep its road in good travelling
order and repair for the apace of fifteen days consecu-
tively, and information thereof, in writing, shall be given
by three or more persons to any two justices of the
peace of the neighborhood, where the repair or repairs
ought to be made, such justices shall issue a precept to
the sheriff of the county, commanding him to summon
twelve disinterested persons, qualified to serve as jurors
in the county count, to meet at a certain time in said
precept mentioned, at the plate or places in the road
which shall be Complained of, three days notice of the
time, and place of which meeting shall be given, in writ-
ing, by the said sheriff to the president or secretary of
said company, and the said justices at such time and
place, on the oath or affirmation of said persons, or of any
nine of them, shall inquire whether or not the said road,
or any part of the paved bed thereof, be in good travel-
ling order and repair, and shall cause an inquisition there-
of to be made and certified under the hands of themselves,
and of any sever, of said persons; and if the said
turnpike road or any part of the bed thereof, shall be
found by said inquisition to be out of good travelling
order and repair in the place or places complained of,

Justices to de-
liver a copy of
inquisition to
company, also
deliver a copy
to county court.

the said justices shall send or deliver a copy of the in-
quisifion aforesaid, to the president or secretary of said
company, and send a copy of the same to the judges of
the county court; and if the said road shall not be
put in good travelling order and repair within fifteen
days after the delivery of said copies, the said county
court shall issue an attachment against the president of

Penalty.

Court may or-
der gate to be
opened.

said road, and the said court upon proof of such neglect,
shall fine the said president, managers and company,
in their discretion, not exceeding two hundred dollars,
for the use of the county wherein such inquisition was
held, which fine shall not release said company from re-
pairing said road, or from the liability of having similar
inquisitions held, and a further fine imposed as aforesaid,
until the said road shall be put in good travelling order
and repair; and the said county court at the end of said
fifteen days may, in their discretion, order the gate of
said company nearest said defect in said road to be
thrown open and kept open till the said road is repair-
ed as aforesaid, and if said court shall not be in session
at the end of said fifteen days, the high sheriff of the
county may cause said gate to be opened and kept open
as aforesaid, for the cause aforesaid, until the said road
shall be repaired or until the meeting of said court; and