county in which it may lie, under the oath of the president and a majority of the directors, and the treasurer of the corporation, the actual cost of said road, so far as finished; and thereupon the County Commissioners shall appoint three citizens of the county to examine said road, and determine whether the same is constructed in such manner as will subserve the public interests for the uses to which said road is applicable, who shall report to said County Commissioners in writing, and said report shall be reviewed by said County Commissioners; and if they shall determine that the road is properly constructed, then as to such turnpike or plank road the company shall be authorized to erect a toll-gate thereon, and to charge such rates of toll as will yield eight per centum per annum net profit on said actual cost, for distribution to the stockholders; and the same proceedings shall be had as each succeeding mile shall be completed, until the said turnpike, or plank road, or passenger railway, shall be finished; but when more than one mile of any turnpike or plank road shall be completed, it shall not be necessary for the corporation to erect more gates than it may deem convenient; and it shall be empowered to collect at the gate or gates which may be erected, tolls to yield at the rate aforesaid, for the number of miles of said road or turnpike which may be finished.

Ibid. sec. 236. 1868, ch. 471, sec. 109.

346. The corporation of any such turnpike or plank road, shall revise its rates of toll every six months for three years, from the completion of the road, and shall report the amounts of its revenue and expenditures at any time when demanded by the County Commissioners; and if the receipts shall be found at any time to amount to more than is necessary to yield eight per centum per annum, net, to the stockholders, the tolls shall be reduced to that standard. In all cases, the rates of tolls chargeable shall be specified and approved in writing by the County Commissioners, and shall be, as nearly as may be, such rates as will yield the said dividend and no more; and such writing shall be recorded in the office of the County Commissioners, and also in the journal or book of proceedings of the corporation, and copies thereof shall be printed and

exposed to public inspection at every toll-gate; and such writing, or a copy thereof, shall be conclusive evidence of the right of the company to charge tolls and of the amounts thereof.

1892, ch. 188, sec. 236A.

347. All turnpike or plank road companies in this State are hereby authorized and empowered to charge and collect such rates of toll for traction engines, steam engines and all vehicles attached thereto, which shall be hauled or propelled upon the roads and through the toll-gates of such companies, as shall be fixed by said companies in accordance with the provisions of sub-title turnpike, plank road and passenger railway companies, and this section shall apply as well to all turnpike and plank road companies incorporated under special acts of the General Assembly of Maryland, as to those incorporated under the provisions of this article.

1888, art. 23, sec. 237. 1868, ch. 471, sec. 110.

348. If a company shall be formed to make a turnpike or plank road through several of the counties of the State, when the same shall be finally completed, a report as mentioned in Section 345 shall be made to the Comptroller, and by him laid before the Governor, of the entire cost of said road; and the Governor shall thereupon appoint five commissioners to examine and report to him, on the construction of said road, its adaptation to public uses, the whole cost thereof, and the revenue and expenses of maintaining the same, as far as ascertainable; and if said report shall be favorable, the Governor shall issue his warrant to said corporation, authorizing it to establish toll-gates, and specifying the rates of toll which may 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. 238. 1868, ch. 471, sec. 111.

349. 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.

1888, art. 23, sec. 239. 1868, ch. 471, sec. 112.

350. When such corporation shall desire to locate the bed of a turnpike or plank road elsewhere than on the bed of existing county roads, it may agree with the owners of lands for the right of way, or obtain the same by condemnation.

Ibid. sec. 240. 1868, ch. 471, sec. 113.

351. 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. 241. 1868, ch. 471, sec. 114.

352. 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.

1908, ch. 353.

353. 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 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,

for a space of fifteen days, any person or persons may file a petition under oath 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 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 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 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 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 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 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 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 proceedings 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; 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 the 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 such petition is filed, may show to the court in which such petition is filed, by affidavits or otherwise, 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 freeholders appointed by said court, that the defects complained of in such petition have been repaired and remedied, then the petition shall be dismissed with costs, in the discretion of the court as aforesaid, and the corporation be allowed to collect tolls. Either the petition or the corporation against which such petition is filed shall have the right to appeal to the Court of Appeals of Maryland from any final order of such judge or

court.

1888, art. 23, sec. 243. 1868, ch. 471, sec. 116.

354. 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 of the corporation to charge tolls on any part of said road within the limits of said county be forfeited, until it shall be