The aegis & intelligencer. [volume] (Bel Air, Md.) 1864-1923, 1876-05-12
Lnzrs---- General.


ly and impartially value the damages which the
owner or owners will sustain by the use and oc-
cupation Of the property required by the said
company and the said jury shall reduce their
inquisiton to writing and sign and seal the
same and it shall then be returned by the sheriff
to the Clerk of the Circuit Court for his county
and be filed by said Clerk in his Office, and shall
be confirmed by said Court at its next term or
session, if no sufficient cause to the contrary be
shown, and when confirmed, shall be recorded
by said Clerk at the expense of the company,
but if the same be set aside the said Court shall
| direct another inquisition to be taken in the
manner above described and in case the second
or any other inquistion which is confr red by
the Court, shall not award TO the land owner a
larger amount of damages than was awarded by
the first inquisition, the Court may, in its dis
ere ton, order the costs of the said second or
other inquisition, to be paid by the owner or
owners of said land or materials condemned
and the inquisition shall in n cases, describe
the property taken or the bounds of the lands
condemned, and the quality or duration of the
interest in the same valued for the company,
and such valuation, when paid or rendered TO
the owner or owners of the property, his her or
their legal representatives, shall entite the said
company to the estate and interest in the same
thus valued as if it had been legally conveyed
by the owner or owners of the same, and the
valuation, if not received when rendered, may at
any time thereafter be received without costs
| from said company by the owner or owners his,
her or their legal representatives: and the sheriff
shall keep the said jury together for reasonable
time until they shall agree upon, and sign and
seal the said inquistion, and in case it shall so
happen that the jury cannot agree after being
kept together a5 aforesaid, the sheriff may, in
his discretion discharge the said jury and with
out any further warrant from Justice of the
Peace shall, within five days thereafter, summon
another jury of twenty inhabitants as aforesaid,
not upon the former jury and the same proceed
ings shall be had in all respects as is herenbe-
fore provided and in case of second or other
disagreement of the jury tie same proceedings
shall be had until verdict or inqusiton shall
be made and returned as aforesaid
Sec H. And be it enacted, That whenever
any railroad company heretofore incorporated
or which may hereafter be incorporated, shall
find it necessary for the purpose of avoiding
annoyance to public travel or dangerous or
difficult curves or grades or unsafe or unsub-
stantial grounds or foundations or for other
reasonable causes, 10 change the location or
grade of any portion of their road, whether
heretofore made or hereafter to be made, such
railroad companies shall be, and are hereby
authorized to make such changes of grade and
location, not departing from the general route
prescribed in the certificate of such company
and for the purpose of making any such change
in the location and grades of any such road as
aforesaid, such company shall have all the
rights, powers and privileges to enter upon
and take and appropriate such lands and make
SURVEYS necessary to effect such changes and
: grades, upon the same terms and be subject to
the same obligations rules and regulations as
, are prescribed by law, and shall also be liable
in damages, when any have been caused by
such change, to the owner or owners of the
lands upon which such road was heretofore
f CONSTRUCTED, TO be ascertained and paid or de-
posted as aforesaid, but no damages shall be
allowed unless claimed within thirty days after
!, actual notice of such intended change shall be
given to such owner or owners If residing on
the premises or sixty days notice by publica-
ton in some newspaper in general circulation
in the county if non resident provided, that
when any condemnation shall have been made
and confirmed under this or preceding Sec
tons the said condemnation shall be finally
binding upon the company unless within thir-
ty days, they elect to abandon said location.
Sec Is. And be it enacted, That if it shall be
necessary, in the location of any part of any rail-
road, to occupy any road street, alley or public
way, or ground of any kind, or any part Thereof,
it shall lie competent for she municipal, or other
corporation, or public officer, or public author-
ties, owning or having charge thereof, and the
railroad company to agree upon the man
ncr and upon the terms and conditions upon
which the same may be used, or occupied; and if
said parties shall be unable to agree thereon,
and it shall be necessary III the judgement of the
directors of such railroad company, to use
; or occupy such road, street alley, or other pub
lie way, or ground, such company may appropr-
ate so much of the same may be necessary
for the purposes of such road, in the same man.
and upon the same terms as is provided for the
appropriation of the property of individuals by
the eleventh section Of this Act; provided that
every railroad company laying down any such
track or tracks, upon any such public street.
road, alley or other public ground, shall be re-
sponsble for injuries done to private property
by such location, lying upon or near to such
public ground which may be recovered by civil
action brought by the owner, or owners, at any
time within two years from the completion Of
such track, or tracks, before the proper court and
provided that no railroad company shall be al
lowed to pass through the City of Baltimore,
without the consent of the municipal authori-
ties.
Sec IA. And be it enacted That such corpo-
ration may demand and receive for the transport
tation of passengers on said road, not exceeding
three cents per mile, and for the transportation
of property said road, other than GOALS ores or
other minerals not exceeding five cents per ton per
mile, but that such corporation shall not demand,
receive, for the transportation of Goals, ores,
| or other minerals, a rate exceeding one and q
half cents per ton per mile.
/ Sec Is. And be it enacted, That such COM
pany shall have power to borrow money on the
credit of the corporation not ex ceeding its au-
thorized capital stock, at rate of interest to be
agreed upon by the respective parties, and may
execute bonds or promissory notes therefor, in
sums of not less than one hundred dollars, and
to secure the payment thereof may pledge the
pro erty and income of such company.
Sec. l6. And be it enacted, That such company
may acquire by purchase or gift any lands in the
vicinity of said road or through which the same
may pass, so far as may be deemed convenient,
or necessary by said company to secure the right
of way, or such as may be granted, to aid in the
construction of such road, and the same to held,
or convey, in such manner as the directors may
prescribe, and all deeds and conveyances made
by such company shall be signed by the president
under the seal of the corporation.
Sec II. And be it enacted That it shall be
lawful for such corporation whenever it may be
necessary in the construction of such road to
cross any road, or stream of water to divert the
same from its present location, or bed; but said
corporation shall without unnecessary delay,
place such road or stream in such condition as
not to impair its former usefulness, and provided
such corporation shall DO liable for damage
| nv cnch dIvareion of any ctr