Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1876-05-12
LnzUs---- GeneTnI.

fore he acts as such juror, the sheriff shall adj
minister an oath or affirmation that he will just
! w and impartiallv 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
| nqusiton 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 ned by
/ the Court, shall not award to the land owner
larger amount of damages than awarded by
the first inquisition, the Court may, in its dis
ere ton, order the costs of the said second
other inquisition, to be paid by the owner or
owners of said land materials condemned,
and the nquisiton shall in a 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 enttle 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 nquisition, 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 with
out any further warrant from Justice of the
I 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 is hereinbe-
/ fore provided, and in case of a second or other
disagreement of the jury the same proceedings
shall be had until verdict or inquistion shall
be made and returned as aforesaid.
Sec. II. 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 unsafe or unsub-
stantial grounds or foundations or for other
reasonable causes, to 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
CONSTRUCTED, to be ascertained and paid or de-
posited 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 II residing on
the premises or sixty days notice by pubica-
ton in some newspaper IN general circulation
! in the county if non resident, provided, that
when anv 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 thlr-
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 authori-
ties, owning or having charge thereof, and the
railroad company to agree upon the man
| nCr ana upon the terms ana COuulllODs 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 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 appropri-
| ate so much of the same as 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 individuals by
| the eleventh section of this Act provided that
every railroad company laying down any such
| track tracks, upon any such public street.
road, alley or other public ground, shall be re-
| sponsible 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 rack, 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 ii 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
or receive, for the transportation of Goals, ores,
or other minerals, rate exceeding one and
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 exceeding 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. I6. And be it enacted, That such company
may acquire by purchase 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. H. 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 be liable for damage
caused by such diversion Of any stream,
Sec. Is. And be it enacted, That such cor
| ffnp oil 80.