THOMAS SWANN, ESQUIRE, GOVERNOR

fully appertain to the location, construction, main-
tenance and management of said branch railroad
as if the said " The Delaware Railroad Company"
were a corporation, created under the law of the
State of Maryland specially for these purposes.

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Sec. 2. And be it further enacted, That whenever
in locating and building said branch of the Dela-
ware Railroad, it shall be necessary for the Dela-
ware Railroad Company, its engineers, contractors
or employees, to enter upon and occupy any lands
in the State of Maryland, or to take earth or other
material for said railroad therefrom, and the
owner or owners of said lands shall refuse to per-
mit such entry and occupation, and the parties
cannot agree upon the compensation to be made
for any injury or supposed injury that may be done
to said lands by such entry and occupation, then
the Commissioners hereinafter named, on being
notified by the said Company, shall go upon said
lands and assess the damages of such owner or
owners, on oath or affirmation, fairly and impar-
tially, taking into consideration all the benefits to
be derived from or in consequence of the building
of .said branch railroad to said owner or owners,
and said Commissioners shall certify their award
to both parties ; whereupon the said Company ou
paying the damages so assessed, shall become enti-
tled to have, use and enjoy the said lands with the
improvements thereon, for the purposes by it re-
quired forever. And in case any owner or owners

May condemn

of lands necessary for the purpose of said Company
shall be a minor or non-resident, or for any other
case incapable of receiving, or unwilling or ne-
glecting to receive said damages, or to call on said
Company for the same, the said Company may
deposit the amount of damages awarded to the
credit of such owner or owners in such bank in
the county of Kent or in the city of Baltimore as
the Commissioners in making their awyard shall
designate, and after so depositing in bank subject
to his, her or their order the amount awarded as
damages to any owner or owners of land, the said
Company shall be entitled to have, use and enjoy
such land with its improvements in same manner
as if such damages had been paid to the owner or
owners as hereinbefore provided ; the following
named persons shall be five (5) Commissioners for

Minor or non-
resident.