902

LAWS OF MARYLAND.

been caused by such change, to the owner or own-
ers of the lands upon which such road was hereto-
fore constructed, to be ascertained and paid or
deposited 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, if residing on the pre-

Public notice.

mises, or sixty days' notice by publication in some
newspaper in general circulation in the county, if
non-resident ; provided, that when any condemna-
tion shall have been made and confirmed under
this or preceding sections, the said condemation
shall be finally binding upon the Company, unless
within thirty days they elect to abandon said loca-
tion.

Terms and
conditions.

Sec. 12. 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 be competent for the municipal or other
corporation or public officer or public authorities,
owning or having charge thereof, and the Railroad
Company to agree upon the manner and upon the
terms and conditions upon which the same may be
used or occupied ; and if said parties shall be una-
ble to agree thereon , and it shall be necessary in the
judgment of the Directors of such railroad company
to use or occupy such road, street, alley, or other
public 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 manner and
upon the same terms as is provided for the appro-
priation of the property of individuals by the tenth

Proviso.

Section of this Act; provided, that every railroad
company laying down any such track or tracks,
upon any such public street, road, alley or other
public ground, shall be responsible 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

Not to Pass
through Balti-
more.

completion of such track or tracks before the pro-
per Court, and provided that no railroad company
shall be allowed to pass through the City of Balti-
more without the consent of the municipal author-
ities.