HARNESS VS. CHESAPEAKE AND OHIO CANAL CO. 255

any suit, in the nature of a writ of ad quod danmurn, or any
other proceedings, shall not hinder or delay the progress of the
work."

This section, it is said, not only relieves the company from
any obligation to pay, during the pendency of proceedings in-
stituted to condemn the land, but it is insisted, the pendency
of any other proceeding, such as the present for instance, is a
sufficient answer to the demand of payment. In this construc-
tion of the section, I do not concur. It appears to be manifest,
that the legislature had in view, proceedings instituted to con-
demn the land, and not any litigation, which might arise
between the parties, with reference to the payment, or to en-
force payment of the money, after the condemnation should be
complete.

The legislature saw, that unless this power was given, the
work might be delayed by spinning out the proceedings con-
nected with the condemnation, and before the valuation could
be determined, and of course before it could be paid, and the
law, therefore, provides, that pending the proceedings neces-
sary to ascertain the valuation, the progress of the work should
not be arrested. The construction contended for, by the de-
fendant; would delay the payment of the money sr> long as any
litigation between the parties having any connection with it,
could be kept on foot, though all the proceedings necessary to
the condemnation should be finally concluded. If any doubt
could be entertained, with regard to the construction, which, I
think, should be given to this section, it would, in my opinion,
be removed by the latter clause of it, which directs the courts to
give precedence to controversies between the company, and the
proprietors of lands sought to be condemned for public uses.
This direction indicates, not only the parties to whose contro-
versies precedence is to be given by the courts, but the subject
of such controversies. They must be between the company
on the one hand, and the proprietors of lands on the other,
which lands the company is seeking to condemn. But to say,
that after the condemnation is complete, and the amount to be
paid is ascertained, any proceeding instituted by the proprietor