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be charged by said corporation, so that a dividend of eight per centum net, may be made to the stockholders, and the warrant of the Governor shall be final in the premises; and the company shall report annually to the comptroller, who shall lay the same before the Governor, who may order a change of location of gates, and of the amount of tolls to be charged, and issue his warrant accordingly, whenever he may deem the same necessary to effectuate the intent of these provisions.

Ibid, sec. 349. 1888, art. 23, sec. 238. 1868, ch. 471, sec. 111. 388. When such corporation shall desire to locate its road within the limits of or through any incorporated town or city, it shall obtain the consent of the corporate authorities of each town or city, to be evidenced as provided in the case of county commissioners.

1904, art. 23, sec. 350. 1888, art. 23. sec. 239 1868, ch. 471. sec. 112. 389. When such corporation shall desire to locate the bed of a turnpike or plank road elsewhere than on the bed of exist ing county roads it may agree with the owners of lands for the right of way, or obtain the same by condemnation.

Ibid, sec. 351. 1888, art. 23, sec. 240. 1868, ch. 471, sec. 113. 390. Every agreement for a right of way through land shall be in writing, acknowledged before a justice of the peace, and recorded by the corporation amongst the records of the county or city in which the lands lie, within six months after its date.

Ibid, sec. 352. 1888, art. 23, sec. 241. 1868, ch. 471, sec. 114. 391. Before any turnpike or plank road shall be constructed the corporation shall cause a plat of the same, describing the termini and the proposed location, to be made and recorded in the clerk's office of the county in which the same may be located, and in the clerk's office of every city and county into or through which the same may be proposed to pass, in case the road to be constructed by said corporation is to pass to or through more than one county.

Ibid, sec. 353. 1888, art. 23, sec. 242. 1868, ch. 471, sec. 115. 1894, ch. 607. 1908, ch. 451. 1912, ch. 587, sec. 353. 1914, ch. 523, sec. 392. 392. It shall be the duty of all companies which may have been or may hereafter be incorporated under any law or laws

of this State to make any turnpike, plank road or other toll road or roads, to keep and maintain the same in 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 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, for a space of fifteen days, any person or persons may file a petition under oath in the Circuit Court of 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 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 directing the sheriff to summon a jury of not more than six persons, who shall be freeholders, 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 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 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, 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 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 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; provided, 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 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 inquisition, if the same be affirmed, after such motion or trial by jury.

At any time during the progress of these proceedings the corporation against which said petition is filed, may show to the court in which such petition is filed, by affidavit or other wise, that the defects complained of in such petition have been remedied, and if said Court be satisfied, either by affidavits, the testimony of witnesses or by the return of a commission of three free-holders appointed by said court, that the defects complained of in such petition have been repaired and remedied, then said petition shall be dismissed with costs, in the discretion of the court as aforesaid.

Either the petitioners or the corporation against which said petition is filed have the right to appeal to the Court of Ap peals of Maryland for any final order of such judge or court.* 1904, art. 23, sec. 354. 1888, art. 23, sec. 243. 1868, ch. 471, sec. 116. 393. If the inquisition shall be finally confirmed, and the said road shall not be put in good order and repair within thirty days thereafter, the said Court may order that the right

This section is all of the Act of 1912, ch. 587, except a sub-section, which exempts Frederick county from the application of the Act.

of the corporation to charge tolls on any part of said road within the limits of said county be forfeited, until it shall be made to appear to said Court by said corporation that the whole of said road within said county has been put in good order and repair, when said order of forfeiture may be rescinded by the said Court.

Ibid, sec. 355. 1888, art. 23, sec. 244. 1868, ch. 471, sec. 117.

1906, ch. 503. 1908, ch. 240, sec. 355.

394. If, within six months after the date of an order of the Court forfeiting the right of the corporation to charge tolls, the said road shall not have been put in good order and repair within the limits of the county in which said order may have been passed, the said road within said county shall be forfeited by the corporation, and shall vest in the County Commissioners, who shall cause the same to be put and kept in good order or repair, and collect tolls sufficient for that purpose, or may transfer the same to another corporation in their discretion, in which case the new corporation shall have the same rights and franchises and be subject to the same conditions and forfeitures as the original corporation constructing said road; provided, however, that whenever proceedings as aforesaid have been instituted against the turnpike company incorporated under any special act of assembly containing provisions for penalties or forfeitures other than those in this Article prescribed, it shall be the duty of the clerk of the Court in which such proceedings were so instituted upon the expiration of the period of six months after the passage of the order of Court prescribed in Section 392 of this Article, to certify to the Governor of Maryland the fact, if such be then the case, that such order was passed and stands unrevoked; thereupon it shall be the duty of the Governor to direct the State's Attorney of said county to forthwith file a petition in such Court in the name of the State of Maryland, praying the forfeiture of the charter of the company so in default, and reciting the proceedings aforesaid, and thereafter the proceedings shall be as prescribed in Sections 82 to 86 (both inclusive) of this Article; and upon the passage by the Court of a final order of forfeiture the road shall vest in the County Commissioners as hereinbefore provided.

1904, art. 23, sec. 356. 1900, ch. 549.

395. No turnpike company or other road company in this State shall charge any toll for the travel of any bicycle, tricycle or other vehicle with rubber tires propelled by human muscles.

Uniformed Volunteer Companies.

Ibid, sec. 357. 1888, art. 23, sec. 245 1868, ch. 471, sec. 78. 396. All uniformed volunteer companies shall be subject to the laws for the government of the militia of this State. As to the militia, see art. 65.

Water Companies.

Ibid, sec. 358. 1888, art. 23, sec. 246. 1868, ch. 471, sec. 94.

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397. Any corporation which may be formed under the provisions of this Article for the purpose of supplying water shall have power to acquire, possess and use all such land, water rights and other property, and shall have all such power as may be necessary for the purposes for which said corporation was formed. And shall also have power to lay pipes and construct all such other works as shall be necessary or suitable to carry out the purposes of said corporation; provided, the assent of the municipal authorities of any incorporated town or city in which the operations of said corporation may be carried on shall be first had and obtained, or if the operations of any such company shall be carried on in any county outside of an incorporated town or city, the assent of the County Commissioners of said county shall be first had and obtained; and all such works and the exercise of the powers hereby granted, shall at all times, be subject to such reasonable regulations as said munici pal authorities or said County Commissioners, as the case may be, may from time to time prescribe; but nothing in this section shall authorize the incorporation of water companies in the City of Baltimore.

1904, art. 23, sec. 359. 1888, art. 23, sec. 247. 1868, ch. 471, sec. 95.

398. If any corporation formed for the purposes mentioned in the preceding section can not agree with the owner or owners of any land or water rights which such corporation may have power to acquire for the purpose of laying pipes or constructing

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