Maryland independent. [volume] (Port Tobacco, Md.) 1874-current, 1896-05-15
PubIlo General lave.



CHAPTER fs.
AN ACT To REPEAL AND HE-ENAcT.
WITH AMENDMENT. SECTION ief
OF ARTICLE % OF THE CODE OF
PUBLIC GENERAL LAWS. TITLE
CORPORATIONS" SUB TIT L f
RAILROAD COMPANIES" AND
TO ADD a NEW SECTION TO SAID
ARTICLE, TO BE KNOWN AS SEC
TI0N 1894.
Section 4. BE Il enacted by the General
Assembly Of Maryland, That section l6i
Of Article q Of the Code OF Public General
Laws. tue Corporations" subtitle
RAILROAD CompanIlsF be, and The same
Is. hereby repealed and rr-eracted, with
an amendmrut so az 10 read az follows.
49, The said president and directors,
or their agent or agents. authorized BY
them may agree with the owner or Own
era OF any lana, earth, gravel stone. tim
Der. streams or materials. or any improve
menis which may be wanted for the
proper construction or repair OF any Of
saiu roads, or any OF their works. for the
purchase and use and occupation or diver
sion OF the same and III they cannot ugree,
or II the owner or owners or any Of them
be an Infant, teme 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 whore such
property wanted may lie. when such
property may be wanted or for 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
tWenty-one years, and qualhed 10 act
as jurors under the laws OF this state.
not related 10 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
than ten nor more than twenty days after
issuing ths same. and II al 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 at
tendance, shall make up twenty. and from
the panel each party, his, her, It's or their
agent or attorney, or u either party be
not present Ia person or by agent, or, be-
ing present In person or agent, refuse to
strike, the sheriff for him her. II 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
sherim shall administer an oath or affirm
alton that he Will justly and impartially
value the damages which the owner or
owners VIII sustain by the Use and occu-
pauon OF the property required by the
said company, and the said jury shall re-
and seal the same; and 1t 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 b. said court any time after
the expiration OF thirty days from the
date Of such filing. " no sufficient cause
70 the contrary be shown, and when con-
hrmed shall be recorded by said clerk a I
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 tuquisttion which
Is confirmed by the court shan not award
to the land owner a larger amount Of
damages than was awarded by the first
inQuisition, the court may, In its discre-
ton order the costs OF said second or
other tnquisition 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
or their legal representatives shall en-
title the said company to the estate and
interest in the same thus valued as If It
mad been legally conveyed BY the owner
or owners Of the same. and the valuation
II 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-
sentatlves, and the sheriff shall Eeep the
said jury together for a reasonable time
until they shall agree upon and sign and
seal the said inquisition, and in case il
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 justice Of the peace, shall,
within 1--we days thereafter, summon
another jury Of twenty Inhabitants as
aforesaid, not upon the former jury, and
the same proceedings shall be had In an
respects as is hereinbefore provided; and
IN case of a second or other sagreement
or tue jury, the same proceedings shall
be had until verdict or inquisition shall
De made and returned as aforesaid.
Section ?. And be Il further enacted
mat the following section be added 10
the said article, TO be inserted after sec
ton ICY, and 10 be known as section le9A
1854 The three preceding sections shall
apply to all roads operated by electricity
caple OF 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 couu-
ties OF this state or In the Belt or an
neNed portions OF Baltimore city where
streets and alleys have not been opened
and occupied as city streets,
Section 3. And be 1t further enacted
That this Act shall take effect from the
date OF its passage.
Approved April 3D. 1886.
LLOYD LOWNDES, Governor.
WILLIAM CABELL BRUCE.
President Of tho Senate.
SYDNEY E, MUDD,
Speaker Of the House Of Delegates.
We hereby certify that the aforegoing
is correct copy Of an Act OF the General
Assembly Of Maryland. passed January
Session, 1886.
J. ROGER McSHERRY.
Secretary Of the Senate
NJ. NJ. HIGGINS,
Chef Clerk Of the House Of Delegates.
CHAPTER 1O2.