Maryland free press., 1866-06-21
LOCAL LAWS.
PASSED FEBRUARY 8, 1866.
CHAPTER 6I.


AN ACT to amend the Act entitled, "An Act to |
incorporate the Washington County Railroad"
passed at January Session, eighteen hundred and
sixty four.
SECTI0N1.-Be it enacted by the General As
sembly of MARYLAND, That the President and Di-
reetors Of the Washington County Railroad Com
pany incorporated by the act to which this act is
supplement, or majority of them, any person
or persons authorized by majority of them, may
agree with the owners of any land, earth, timber,
gravel, stone or other material, for any improve
ments which ruay be wanted for the construction or
repay OF any of saids roads, any of their works.
for the purchase and occupation of the same
aid If they cannot agree, if the owner owners
or any Of them, be tcme covct, under age, non
compos mentis, or out of the county in which the
property wanted may lie, when such land or mate
rial shall be wanted, application may be made to
any Justice of the Peace OF such county, who shall
thereup0n issue his warrant under hand and seal,
directed to the Sheriff OF said county. requiring
him to summon jury Of twenty inhabitants of said
county, not related, nor i'll anywise interested, 10
meet on the land, near to the other property
materials ~ be valued, ON day named in said war
rant, not loss than ten more than twenty days
after the issuing of the same; and if at said time and
place any OF said jurors summoned do not attend,
the said Sheriff shall Immediately summon many
jurors as may be necessary, with the jurors in at
tendance, to furnish panel of twenty jurors in at
tendance and from them each party, or its, his,
her. their agents, or if either be not present in
person OF by agent, the Sheriff for him, her. it or
them, may strike four jurors, and the remaining
twelve shall act as the jury of inquest of damages;
and before they act such the said Sheriff shall
administer to each of them oath ~ affirmation,
as the case may be- that he will justly and impair
| TALLY value the damages which the owner Or own-
| ers will sustain by the or occupation %! the
same required by the company; and the jury in
timang such damages shall lake into the estimate
the benefits resulting to the said owner or owners
from conducting such railroad through, along or
near to the property of said owner owners, but
only in extinquishment of the claim for damages:
and the said jury shall reduce their inquisition Il
writing, and shall sign AMI seal the same, and il
shall then be returned by said Sheriff to the CLERK
| of the Circuit Court for his county, and by sucl
Clerk be filed in his Court, and shall be confirmed
by said Court at its next session, if sufficient
cause to the contrary BE- shown. and when confirm
cd shall be recorded by said Clerk ut the expense
of said company but if set aside, the said COur
may direct another inquisition to be taken in th'
manner above prescribed, and such inquisiton shal
describe the property taken, or the bounds of thu
land condemned, and the quantity or duration of tn
interest in the same value for the company, an'
such valuation whom paid or rendered to the owne
owners of said property, or his, her their ls
gal representatives, shall cntitlc the said COMPANY
to the estate and interest in the same thus valued u
fully as ii it had been conveyed by the owner .
owners of the same, and the valuation, il not re
ceiyed when rendered, may at any time thcrcaitc
be received from the company, without costs by tb
said owner owners, his, her their legal repre-
sentative or representatives.
. SECTION 2.--And be it enacted. That the sal
5 President and Directors of the said Washingto
County Railroad Company, or II majority of them
shall have power to charge for the transportation
of all goods, produce, merchandise property, q
any description whatsoever, transported by then
upon their said railroad and for the transportatio
) of passengers th ,rcon, the same rates which tn
{ Baltimore and Ohio Railroad Company is author
zed to charge for the transportation of goods, pro
ducc, merchandise or property. and for the trans
portation of passengers upon the main road Of TIA
said Baltimore and Ohio Railroad Company; an
that the said Washington County Railroad Compa
ny shall have and exercise, in the survey. location
construction and use ofthe said railroad and other
wise, all the powers, rights and privileges and i'm
munities which tho Baltimore and Ohio Raroa
Company was and is authorized to have and excr
else in relation to its railroad from the city Of BAL
0 timOre to the Ohio river.
D SECTION 3.-And be it enacted, That whenso
D ever 1t shall be necessary for said company t.
have, use or occupy any lands, materials or othc
property, in order to the construction repair q
any part of said road or roads or their works o
necessary buildings, the President and Directors
said company, or their agents, or those conractn;
with them for making repairing the same, ma
} Immediately take and use the same, they having
first caused the property wanted to be viewed by
jury formed in the herein before prescribe
in those cases where the property is to be change,
or altered, admiXture with other substances betor
such alteration is made, and that il shall not be ne
ccssary after such view, in order the use or occupa
ton OF the same, to wait the issue of the proceeding
upon such view; and the request of the jury afte
confirmation, and after payment or tender of tn
valuation, shall be bar of all actions for takin
or using such property. whether comm, cd b for
or after such confirmation, the payment of sucI
valuation.
SECTION And be it enacted, That all part
OF the original act, to which this is q supplement
that may be inconsistent with the provisions of tl
amendatory act, be, and the same is hereby repeal
ed.
SECTION 5.-And be it enacted. That this &C
shall take effect from The date of lis passage.