1851.

LAWS OF MARYLAND.

CHAP. 288,

the said sheriff shall administer to each of them an oath or

affirmation, as the case may be, that he will justly and im-

partially value the damages which the ownei or owners will

sustain by the use or occupation of the same, required by

Rule of estimating

the company; and the jury, in estimating such damages,

shall take into the estimate, the benefit resulting to the said

owner or owners, from conducting such rail road, through,

along, or near to the property of said owner or owners, but

only in extinguishment of the claim for damages; and the said

jury shall reduce their inquisition to writing, and shall sign

Retain required

and seal the same, and it shall then be returned by said sher-

iff to the clerk of his county, and by such clerk, filed in

his court, and shall be confirmed by said court at its next

session, if no sufficient cause to the contrary be shown; and

Expenses of in

when confirmed shall be recorded by said clerk, at the ex-

quest.

pense of said company, or owner or owners of property,

as the court may award; but if set aside, the said court may

direct another inquisition to be taken in the manner above

Description re-
quired.

prescribed, and such inquisition shall describe the property

taken, or the bounds of the land condemned, and the quan-

tity of duration of the interest in the same, valued for the

On payment.

company, and such valuation, when paid or tendered to the

owner or owners of said property, or his, her, or their le-

Title vested,

gal representatives, shall entitle the said company to the es.

tate and interest in the same thus valued, as fully as if it had

been conveyed by the owner or owners of the same; and

the valuation, if not received when tendered, may at any

time thereafter be received from the company, without

costs by the said owner or owners, or his, her or their le-

gal representative or representatives, and eyery juror shall

be entitled to one dollar per day, while in attendance, and

the sheriff to his regular fees as for similar services; Pro-

Proviso.

vided always, That no timber shall be cut on any land, other

than the bed of the Rail-road company, by order of the

said Rail-road company, or taken by them for the use of

the said road, without the consent of the owner.

Authority to bar-

Sec. 14. And be it enacted. That if it shall be necessary

gain with turnpike
or bridge compa-

for the said Baltimore and Port Deposit Rail Road com-

mies.

pany, in the selection of the route or construction of the

road by them to be laid out and constructed, or any part of

it, to connect the same with, or to use any turnpike road

or bridge, made or erected by any company or persons, in-

corporated or authorised by any law of this state, it shall

be lawful for the said president and directors, or a majority

of them, and they are hereby authorised to contract and

agree with any other such corporation or persons, for the

right to use such road or bridge, or for the transfer of any