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Proceedings and Acts of the General Assembly, 1870
Volume 188, Page 2969   View pdf image (33K)
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430

LAWS OF MARYLAND.

Width of road

tion of such road, branches and works shall not
exceed along the main line or branches generally
sixty-six feet in width, besides the necessary spaces
for slopes, and twenty acres at either terminus of
the maiti line or a branch, and ten acres at any
intermediate station.

Condemn.

Sec. 14. And be it enacted, That if the corpor-
ation cannot agree with the owner for the purchase,
use or occupation of land, gravel, earth, timber,
or other material required for the construction, en-
largement or repair of any of its works, or if the
owner be a married woman, infant, non compos
mentis, or out of the State, the corporation may
apply to a Justice of the Peace of the county in
which such property is situated, and he shall issue
his warrant to the sheriff of the county, requiring
hirn to summon a jury to meet on the land at a
day therein specified, and being not more than ten
nor less than five days thereafter.

Sheriff to sum-
mons.

Sec. 15. And be it enacted, That the said Sheriff
shall accordingly summon eighteen disinterested
men not related to either party, and if any of
them do not attend he may call or summon others
immediately to make up the number of eighteen;

each party shall have a right in person or by agent
or attorney, if present at the time, to strike off
three, and the Sheriff shall strike off such as shall
not be so stricken off by the parties until the num-
ber shall be reduced to twelve, who shall be a jury.

Oath of jury.

Sec. 16. And be it enacted, That the Sheriff
shall then administer an oath or affirmation to
every person of the jury that he will impartially
and to the best of his skill and judgment value
the land or other property required for the use of
the corporation, and also, if it be land required for
the construction of the road and work, the damage
which the owner will sustain, if any, by the taking
of the land for such use, and the jury, in estimat-
ing such damage, shall take into consideration the

Benefit and
advantages.

benefit and advantage resulting to the said owner
from the construction of such railroad through or
along the property of said owner, but the benefit
or advantage shall not be considered beyond the
extinguishment of the damage; the jury shall ac-
cordingly inquire of such value and damage, and
make report thereof in writing, to be signed by

 

 

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Proceedings and Acts of the General Assembly, 1870
Volume 188, Page 2969   View pdf image (33K)
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