Maryland free press., 1866-06-28
LOCAL LAWS.
PASSED FEBRUARY 6, 1866.
CHAPTER ca.

AN ACT to amend the Act entitled, "An Act to
incorporate the Washington County Railroad"
passed at January Session, eighteen hundred and
sixty four. " fr.'- .:srH |
sembly of Maryland. That the President and De
rcctors of the Washington County Railroad Com
pany, incorporated by the act to which this act is
supplement, or majority of them, or 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
mcnts which may be wanted for the construction or
repair Of any of saids roads or any OF their works
for the purchase and occupation of the same;
afd if they cannot agree, if the owner owners
any Of them, be feme covet, under age, mon
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
thereupOn 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 in anywise interested to
meet on the land, near to the other property or
materials to he valued, day named il s id war
rant not less than ten nor 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 summonas many
jurors as may be necessary, with the jurors i'll at
tend' 'e 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
them, may strike four jurors, and the remaining
and before they act SUCH the Said Sheriff shall
administer TO each of them an oath or affirmation,
as the case may be- that he will justly and impair
tally value the damages which the owner or own
ei's will sustain by the use or occupation of the
same required by the company; and the jury in es-
timatng such damages shall take into the estimate
the benefits resulting to the said owner owners
from conducting such railroad through along or
near To the property oil said owner or owners, but
only in extinquishment of the claim for damages;
ana the said jury shall reduce their inqusitiot to
writing, ana shall sign and se'l the same, and it
shall then be returned by said Sheriff to the Clerk
ot the Circuit Court for his county, and by such
Clerk be filed in his Court, and shall be confirmed
BY said Court at is next session, if Sufficient
cause to the contrary be shown, and when confirm
cd shall be recorded by said Clerk at the expense
of said company; but ii set aside, the said Cart
may direct another nquisition to be taken, in the
manner above prescribed, land such nquistion shall
describe the property taken or the bounds of the
land condemned, and the quantity or duration of the
interest in the same value. for the company, and
such valuation vi hon paid Or tcndercd to the owner
or owners OF said property, his, her or their le-
gal representatives, shall entitle the said company
to the estate and interest in the same thus valued us
fully as 1t it had been conveyed by the owner or
owners of the same and the valuation, il not re-
ceived when rendered, may at any time thereafter
be received from the company, without costs, by the
said owner owners, his her their legal repre-
sentative or representatives ~
SECTION And be it enacted, That the said
President and Directors of the said Washington
County Railroad Company, or a majority OF them,
shall have power to charge for the transportatio
of all goods, produce, merchandise Or property, of
any description whatsoever, transported by them
upon their said rairosd and for the transportation
Of passengers thereon, the same rates which the
Baltimore and Ohio Railroad Company is authori-
zed to charge for the transportation goods pro-
ducc, merchandise Or property, and for the trans
portatiOn of passengers upon the main road of the
said Baltimore and Ohio Railroad Company; and
that the said Washington County Railroad Compa-
shall have and exercise, the survey. local
construction and of the said railroad and other
wise, all the powers rights and privileges and i'm
mnnites which tho Baltimore and Ohio Railroad
Company was and is authorized to have and exer-
else in relation to its railroad from the city of Bal
timore to the Ohio river. ~.
SECTION 3.-And be it enacted, That whenso-
ever il shall be necessary for said company to
have, use or occupy any lands, materials or other
property in order 10 the construction or repair of
any part of said road or roads, OF their works or
necessary buildings the President and Directors of
said company, or their agents, those contracting
with them for making repairing the samc may
immediately take and use the same, they having
first caused the property wanted To be viewed by n
jury formed in the manner herein before prescribed
IN those cases where the property is to be changed
or altered, admiyturc with other substances before
such alteration is msde and thai it shall not be ne
c"Ssary alter such view, i'll order the or occupa-
ton OF the samc to wait the issue of the proceedings
upon such view; and the request of the jury after
confirmation, and after payment or tender of the
valuation, shall be Il bar ofall actions for taking
or using such property, whether commenced b .fore
or after such confirmation, the payment OF such
valuation. ts.
SECTION And be it enacted, That all parts
of the original act. to which this is a supplement-
that may be inconsistent with the provisions of Nh.
cd. o. 49, '0E0'
SECTION 5.-And be it enacted, That this act
shall take effect from the date of its passage " az
June Il, lS6G-3t. ,r.. ..