The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1896-05-16
Public General Laws.
CHAPTER ISL.


CHAPTER ISL.
AN ACT TO REPEAL AND RE-ENACT,
WITH AMENDMENT, SECTION l67
OF ARTICLE % OF THE CODE OF
PUBLIC GENERAL LAWS. TITLE
| CORPORATIONS" SUB I'll T L f
RAILROAD COMPANIES" AND
TO ADD A NEW SECTION TO SAID
ARTICLE. TO BE KNOWN AS SEC
TON 169A.
Assembly of Maryland, That section 10!
of Article % of the Code of Public General
Laws, title Corporations. subtitle
Railroad Companies,' be, and the same same
an amendment, so as TO read as follows;
167. The said president and directors.
or their agent or ageR MS au1nor cy Dy
ers of any land, earth, gravel, stone, tim
Der, streams or materials, or any improve
ments which may be wanted Tor the
proper construction or repair of any of
said roads, or any of their works, for the
purchase and use and occupation OF diver
sion of the same; and II they cannot agree,
or IL the owner or owners or any OF them
be an infant, feme covert, who is not pos
sessed of the property to her sole and
separate use, or authorized TO contract
in reference to the same, non compos
mentis, or out of the county where such
property wanted may lie, when such
property may be wanted, or Tor any other
cause be legally incapable OF contracting;
application may be made by the said
company to any justice OF the peace OF
such county, who shall thereupon issue
his warrant under his hand and seal, to
the sheriff of the county requiring him
to summon jury of twenty of the inhab-
itants of said county above the age OF
as jurors under the laws Of this state.
not related to the parties nor IN any wise
interested, to meet on the lands or near
/ hn v.fa1- ofh Irnrfpd
on 4 day named in said warrant not less
than ten nor more than twenty days after
issuing the same. and IL at said time and
place any of the said jurors summoned
do not attend, the sheriff shall immedi-
ately summon as many persons similarly
qualified as, together with those IN 9.a at,
the panel each party, his. her, its or their
agent or attorney, or If either party be
ing present 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 affirm
alton that he will justly and impartially
value the damages which the owner or
owners will sustain by the use and occu-
patton of the property required by the
said company; and the said jury shall re-
duce their inquisition to writing and sign
and seal the same; and 1t shall then be
returned by the sheriff to the clerk of the
circuit court Tor MS county, ana De nleu
by said clerk in HIS Office and shall be
confirmed by said court any time after
the expiration of thirty days from the
date of such filing, II no sufficient cause
firmed shall be recorded by said clerk a
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 inquisition which
is confirmed by the court shall not award
land larger amount
damages than was awarded by the first
inquisition, the court may, in its discre-
ton, order the costs of said second or
other inquisition to be paid by the owner
or owners of said land or materials con-
demned; and the inquisition shall in all
cases describe the property taken or the
bounds of the land 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 en-
title the said company to the estate and
interest in the same thus valued as II it
had been legally conveyed by the owner
or owners of the same; and the valuation.
IL 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 repre-
sentatives; and the sheriff shall Keep the
said jury together for a reasonable time
seal the said inquisition; 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 further
warrant from a justice of the peace. shall.
within I've days thereafter, summon
another jury of twenty inhabitants as
aforesaid, not upon the former jury, and
the same proceedings shall be had in all
respects as Is hereinbefore provided: and
in case of second or other disagreement
OF the jury, the same proceedings shall
be had until a verdict or inquisition shall
be made and returned as aforesaid.
Section 2. And be 1t further enacted,
That the following section be added to
the said article, to be inserted after sec
ton 1863. and to be known as section 1854.
1byA. The three preceding sections shall
apply to all roads operated by electricity,
cable or other, improved motive power,
and whether incorporated under the pro-
visions of this article or by a special act
and whether the property proposed to be
condemned is situated in one of the coun-
ties of this state or in the Belt or an
nexed portions of Baltimore city where
streets and alleys have not been opened
and occupied as city streets.
Section 8. And be 1t further enacted,
That this Act shall take effect from the
date of its passage.
Approved April I'd, 1896.
LLOYD LOWNDES Governor
WILLIAM CABELL BRUCE,
President of the Senate.
SYDNEY E. MUDD,
Speaker Of the House Of Delegates.
We hereby certify that the aforegoing
Assembly OF Maryland. passed January
Session, 1856.
]. ROGER McSHERRY,
Secretary of the Senate
NJ. NJ. HIGGINS,
Chief Clerk of the House of Delegates.