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COMPTON v. THE SUSQUEHANNA RAIL ROAD. 391
instance, it is obvious, that the taking of the inquisition, as a pre-
liminary to the property's being made use of by the company is
only required in some few particularly specified cases. In die
taking of an inquisition »under this and similar statutory provisions,
it must appear, that the authority so given has been pursued; and,
as under a writ of ad quod damnum, there should he no unreason-
able delay, much less could any fraudulent practice be allowed to
pass without check or rebuke, (e)
In this case it is clear, from the answer, all the statements of
which on this motion must be taken to be true, that the inquisition
has been had before the property taken was covered up or obscured
by admixture with other substances; and, at a time, and in a
manner when the jury were enabled to form a correct estimate of
the claim for damages; and, it is also manifest, that there has
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Maryland, Saint Mary's County, st.
At the request of Peter Pressly, of the colony of Virginia, gentleman, in the pre-
sence of the sheriff and a jury of the vicinage, I have laid out twenty acres of land,
viz: ten acres on each side of the main fresh run of Saint Mary's river, it being the
place where formerly stood a mill belonging to Thomas Waughop, of Saint Mary's
county, gentleman, The ten acres, on the east side of the said run, being part of
a tract of land now in possession of Mr. Charles King, of the said county, the said
ten acres being thus bounded; beginning at a Spanish oak marked with six notches,
standing on the east side of the said run, and running thence north fifty-eight degrees,
east forty perches, north, twenty-eight degrees, west forty perches, south fifty-eight
degrees, west forty perches, then by a straight line to the first beginning. And the
ten acres on the west side of the aforesaid run, being part of his Lordship's mill
manor, and heretofore taken up for the use of the said mill by the said Thomas
Waughop, and bounded as follows; beginning by the run on the west side of the
same, opposite to the end of the last line of the former ten acres, and running thence
south fifty-eight degrees, west forty perches, then south twenty-eight degrees, east
forty perches, then north fifty-eight degrees, east forty perches, then with a straight
line to the beginning. Surveyed the 30th day of August, 1723,
Chancery Proceedings, lib.. No. 3, fol. 1052. Per me LAWRENCE LANT.
The above proceedings were had under the act of 1704 ch. 16, which in its pre-
amble, among other things, stated, that «as the most part of the places fit for setting
up water-mills, are already in the hands of persons under age, or unable to be at the
charge of building a water-mill, or else such as are wilfully obstinate In forbidding
and hindering such persons as would purchase the said places fit for building water-
mills, and set them up, to the increase of our trade and navigation; much to the
public damage of this province.' And then enacts, that any person may acquire a
title to a mill-site as therein prescribed; and gives the form of the writ of ad quod
damnum under which such proceedings were to be had. But this act, except its
sixth and seventh sections, was repealed by the act of 1766, ch. 10, with a saving
of the rights of those who had previously taken out writs of ad quod damnum.
(e) Ex parte Vennor, 3 Atk. 766; Rex v. Inhabitants of Flecknow, 1 Burr, 465
Rogers v. Bradshaw, 20 Johns. Rep. 735; Bex v. The Mayor of Liverpool, 4 Burr,
2244; The King v. Bagshaw, 7 T, R. 363.
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