The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1876-05-20

| under the laws OF this State, not related to
the parties nor in any wise interested, to meet
ON the lands or near the materials or other
property wanted, on day named in said
warrant, not less then ten nor more than
twenty days after issuing the same, and if at
said time and place any of the said Jurors
summoned do not attend, the sheriff shall
immediately summon Us many persons simi
larly qualified as together with those in at
tendance as shall make up twenty, and from
the panel each party, his, her, its or their
agent or attorney, or if either party be not
present in person or by agent or being pres
ent in person or agent refuse to strike, the
sheriff for him, her, it or them may strike off
four persons and the remaining twelve shall
act as the jury of the inquest OF damages, and
to each, before he acts as such Juror, the
| sheriff shall administer an oath or affirmation
that he will justly and impartially value the
damages which the owner or owners will sus.
tam by the use and occupation OF the proper
ty required by the said company and the said
jury shall reduce their inquisition to writing
and sign and seal the same and il 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 confirm.
ed by said Court at its next term of 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 ii the same be set aside the said Court
shall direct another inquisiton to be taken in
the manner above described and in case the
second or any other inqulsition which is con.
irmed by the Court, shall not award to the
land owner larger amount of damages than
was awarded by the first inquisition, the Court
may, in its discretion, order the costs of the
said eppnud nr nfhar inouieit;or ha ,,o;1
by the owner or owners of said land or ma.
terials condemned, and the inquisition shall
in all 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 own
ers OF the property, his, her or their legal re.
representatives., shall entitle the said company
TO the estate aud interest in the same Anus
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 inqusition,
and in case it shall so happen that the jury
cannot agree after being kept together as
aforesaid, the sheriff may, in his discretion,
discharge the said jury and without any fur.
ther warrant from Justice of the Peace
shall, within five days thereafter, summon
another jury Of twenty inhabitants as afore-
said not upon the former jury and the same
proceedings shall be had in all respects as is
herenbefore provided, and in case of Sec
ond or other disagreement of the Jury the
ga m t,rppaaltnoy shall ho baI ,,.,t,l II.
or inquisition shall be made and returned as
aforesaid.
Sec. L. 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, TO change the location or
grade Of any porti0n'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 privil.
eges 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 obi.
cations, rules and regulations as are prescrib.
| ed 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 constructed,
to be ascertained and paid or deposited as
! ninrpgaid n hut M damo0aa uh.II ba alInu,ad
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 publication
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
tions the said condemnation shall be finally,
binding upon the company unless within thir-
ty days, they elect TO abandon said location.
See. 10. And be it enacted, That if it shall
be necessary, in the location of any part of
any railroad, to occupy any road, street, al
ley or public way, or ground of any kind, or
any part therof, it shall be competent for the
municipal, or other corporation, or public
officer, or public authorities, owning or hay.
ing charge thereof, and the railroad company
to agree upon the manner 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 in the Judgment Of the directors of
such railroad company, to use or occupy such
road, street, alley, or other public way, or
ground, such company may appropriate SO
much Of the same us may be necessary, for
the purposes of such road, in the same man
ner and upon the same terms as is provided
for the appropriation of the property of indi.
viduals by the eleventh section Of this Act (;
provided that every railroad company laying
down any such track or tracks, upon any pub.
lic street, road, alley or other public ground,
shall be responsible for injuries done to pri-
vate property by such location, lying upon or
near to such public ground which may be re-
covered 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 allowed to pass through the
City Of Baltimore, without the consent of the
municipal authorities.
Sec. l4. And be it enacted, That such cor
poration may demand and receive for the
transportation OF passengers on said road, not
exceeding three cents per mile, and for the
transportation of property ON said road, other
than Goals, ores or other minerals not exceed
] ing iNe cents per TON per mile, Dut tnat sucn
corporation shall not demand, or receive, for
the transportation of Goals, ores, or other
minerals, rate exceeding one and half
cents per ton per mile.
Sec. 10. And be it enacted, That such COM
pany shall have power to borrow money on
the credit Of the corporation, not exceeding
its authorized capital stock, at rate ofinter-
est TO be agreed upon by the respective par.
ties, 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 property and income
of such company.
Sec. IL. And be ii enacted, That such com.
pany may acquire by purchase or gift of 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 COM
pany to secure the right of way, or such as
may be granted TO aid in the construction Of
such road, and the same to hold or convey,
in such manneras the directors may prescribe,
and all deeds and conveyances made by such
company shall be be signed by the president
under the seal Of the corporation.
Sec. II. And be Il enacted That it shall
be lawful for such corporation whenever il
may be necessary in the construction Of such