JOHN LEE CARROLL, ESQUIRE, GOVERNOR

461

owner shall be a feme covert, under age or non compos

mentis, or out of the State or county of Talbot, the

president of the said company or any person author-

ized by him for that purpose, shall apply to a justice

Shall apply.

of the peace of Talbot county, which justice of the

peace shall thereupon issue his warrant directed to

the sheriff of said county, commanding him to sum-

mon twelve-disinterested persons, qualified to serve

as jurors in the Circuit Court of said county, to meet

Summon Ju-

at the place where said lands may be; and the said

rors.

sheriff shall qualify the said persons by oath or affir-

mation, as the case may be, justly and impartially to

value the damages which may be sustained by the

owner or owners of the land through which said

railways may pass, in consequence thereof, and the

said persons shall, after valuing the damages, return

a statement in writing of the valuation so made and

Return state-

a plat of the lands, certified under their hands and

ment.

seals, to be a correct statement and plat, to the Clerk

of the Circuit. Court for Talbot county, to be by

him recorded; a copy of which, certified under the

hand and seal of the office of said clerk, shall be

evidence of any rights, titles or interest acquired

under this act, and if the owner or owners of said

lands shall not be under any legal disability to re-

ceive said valuation and give receipt therefor, the

president and directors shall immediately pay the

amount thereof to such owner or owners, or to such

persons as may be authorized to receive the same,

and they are not authorized to open said roads for

Not author-

their railways until the payment for the lands so

ized to open.

condemned and valued, or a tender of payment shall

be made to the owner or owners thereof; provided,

that if such owner or owners, or authorized agent be

under any legal disability, then the president and

directors of said company shall enter into bond con-

Enter into
bond.

ditioned for the payment of the damages assessed to

the person or persons who may be authorized to

receive the same, and shall lodge said bond with

the Clerk of Talbot county, to be by him recorded,

and upon such bond or office copy thereof, suit or

suits may be instituted against the obligees named

by such persons, whenever they may be entitled to

receive such damages; and upon the payment of said

damages, or securing the payment thereof by bond