The aegis & intelligencer. [volume] (Bel Air, Md.) 1864-1923, 1868-06-26

e church or society, as soon as the same
shall be formed under this article.
Il Sec. 100. And be it enacted, That mo-
thiug'in this article shall prevent the Pro-
testant Episcopal Church from Incorporate
! ing the vestries in the several parishes &C.
cording to the usages Of said Church.
:, Sec. Ito. And be it enacted, That If
any corporation incorporated under the
laws Of this State, which shall be authori-
sed to acquire by condemnation, any land,
earth or stone, or any interest therein,
cannot agree with the owner or owners
thereof, or if any Of such owners be o
feme sole, and without power to contract
in that regard, under age, non compos
mentis, or under any other legal disabili-
ties to contract, or be outiof the county in
which the property wanted may lie at the
time the same is wanted, then in all such
cases, application may be made by any
corporation to any Judge Of the Circuit
Court Of the county in which said land or
other materials may lie, or to any Judge
the Supreme Bench of Baltimore city,
if the said land or materials layin the
city Of Baltimore, and thereupon the said
Judge upon its being made to appear sat-
istactorily to him, that said land or male
rails are necessary and proper TO be con-
demned for the use Of such corporation.
shall issue his warrant directed to the
Sheriff of said county or city, assthe case
may be, requiring him to summon a iury
of twenty inhabitants Of said county or
city as the case may be, not related to said
owner, or in any wise interested in said
land, and not stockholders in said corpo.
ration, to meet on the lands or lear to the.
other property or materials to be valued
and condemned on day named 10 said
warrant not less than ten nor, more than
twenty days after issuing the same.
Sec. III. And be it enacted, That if
at said time and place any Jurors sum.
Eoned do not attend, the Sheriff shall
Immediately summon as many jurors as.
may be necessary With the Jurors in at.
tendance, to make twenty jurors, and from.
them each party, or its, his or their agent.
or if either party be not present 10 per-
son, or by agent, the Sheriff for him, her,
10 or them may strike off four juors, and
from those remaining on the list, the Sher-
iff'shall select twelve to actIas the jury of
inquest on damages. ri la
Sec. liz. And bert enacted, That the
Sheriff shall before they proceed to act as,
such, administer to each of said Jury an
oath, that he will justlyand impartially
value the damages which tho owner will
sustain by reason of the occupation of the
said land or materials required by the oc-
cupation, and find whether or no the con-
demnation Of such lands or materials are
necessary and proper for the use Of such
corporation for the due exercise and en-
joyment of its corporate privileges.
| SEQ. l70. And be it enacted, That the
jury shall reduce their inquisition to writ.
ing, and shall sign and seal the same, and
it shall then be returned by the said Sher-
if to the Clerk of the Circuit Court of his
county, or the Clerk of the Superior
Court Of Baltimore city, as the case may
be; and if no sufficient cause to the con-
trary be shown, the sail inquisition shall
thereupon DO confirmed by the said court
at such time and after such notice as shall
be fixed by its rules, and when confirm
ed, shall be recorded by said Clerk, at the
expense of said corporation; but ifiset-
aside, OR if the jury shall fail to agree, the.
said court may direct another inquisitions
to be taken.in the manner above prescrib.
ed and like proceedings may be had until
an inquisition in reference to the said con-
demnation, shall be confirmed. lG7'7r.'. p g
Sec. LA. And belt enacted, That ev-
cry such inquisition shall, describe the
property taken or the bounds of the land
condemned, and the quantity or duration
of the interest in the same valued for the
corporation, and such valuation, when
paid or rendered to the owner of said prop
erty, orhis legal representatives, after con-
frmation therefor, when the same shall be
paid into Court, under such regulations as,
the Court by which the said inquisition
shall have been confirmed shall prescrbe,,.
shall entitle the said company to the es-
tate.and interest in the same thus valued
as fully as ifitha been conveyed by the
owner of the same, and the valuation, if
not received when rendered, may at any
time thereafter be received from said corr
poration without costs by the said owner
or his legal representatives, and all fees
or per diem to which any Sheriff, clerk,
juror or other officer shall be entitled for
any services required of4him under the
aforesaid proceedings for condemnation,
shall be paid by the corporation causing
the same to be instituted. @7o II 9l.t q
I Seo. l75. And be it enacted, That no.
thing herein contained shall authorize any
incorporated company to take or use pri,
vate property without just compsnsations
agreed upon with, the ownen or awarded
by jury, having been first paid or ten
dered to the parties, entitled thereto, or
paid into a Court ftersinqpisition,l con-
frmed as provided for inthea next pre-
ceding section, and nothing, herein con-
tanned shall authorize the location of any
road on private property without consent
Of the owner, or the decision Of the County
Commissioners, upon due hearing, as now
prescribed by law for opening or altering
public roads. +. - 1es -
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