566

LAWS OF MARYLAND.

Lateral

be made lateral railways in any direction whatever,

railways

from the said railroad, and for the construction,

working, use, repair, and maintenance thereof, shall

have and use all the rights and powers hereby given,

in order to the construction,working, use, repair, and

maintenance of the said principal railroad ; and may

also own and employ steamboats or other vessels to

connect said railroad or railroads with other points

by water communication; provided, nothing herein

contained shall be construed to authorize said com-

pany to take private property for its use without the

compensation agreed upon by the company and the

owners thereof, or awarded by a jury, as hereinafter

provided, being first paid or 'tendered to the party or

parties entitled to receive such compensation.

SEC. 2. And be it enacted, That the thirteenth sec-

Amended and
re-enacted

tion of the said act be and the same is hereby amend-

ed and re-enacted so as to read as follows :

13. The said President and Directors or their

agent or agents authorized by them, may agree with

the owner or owners of any land, earth, gravel, stone,

May agree
with the owner

timber, ways, streams or materials, or any improve-

ments or other property of any kind or description

which may be wanted for the proper construction or

repair of any of said roads, or of any of their works,

for the purchase or use and occupation of the same,

or for the diversion thereof, as the case may be ; and

And if they

if they cannot agree, or if the owner or owners, or

cannot agree

any of them be an infant, feme covert, non compos

mentis, or out of the county or city, where such prop-

erty wanted may lie, when such property may be

wanted, or for any other cause be incapable of con-

tracting, or if for any other canse, the said company

be unable to obtain or find it inconvenient to obtain

by contract or agreement any of such property so

required, or the use and occupation of the same,

application may be made by the said company to any

justice of the peace of such county or city, as the

case may be, who shall thereupon issue his warrant

under his hand and seal to the sheriff of the county

Summon jury.

or city, as the case may be, requiring him to summon

a jury of twenty of the inhabitants of said county or

city, above the age of twenty-one years, not related

to the parties nor in anywise interested, to meet on

the lands or near the materials or other property