ART. 23] RAILROAD COMPANIES. 657

see Baltimore, etc., Turnpike Road v. Baltimore, etc., R. R. Co., 81 Md. 257;
Hamilton v. Annapolis, etc., R. R. Co., 1 Md. Ch. 109.

Since this section does not provide for an appeal, no appeal lies, provided
the lower court has jurisdiction. Objections to an inquisition held to be
mere Irregularities, and not jurisdictional. Textor v. B. & O. R. R. Co., 107
Md. 223. And see New York Mining Co. v. Midland Mining Co., 99 Md. 508;
Chesapeake and Ohio Canal Co. v. Western Md. R. R. Co., 99 Md. 576; Dol-
field v. Western Md. R. R. Co., 107 Md. 584; George's Creek, etc., Co. v. New
Central, etc., Co., 40 Md. 437.

If a railroad company orgnnized under the general law, attempts to con-
demn property outside of its legal route, the Inquisition will be enjoined.
Inquisition upheld. See section 272. Piedmont, etc., Ry. Co. v. Speelman, 67
Md. 272.

See sections 126, 250, 389, 398, and notes to sec. 399, et seq.

1904, art. 23, sec. 252. 1892, ch. 657, sec. 167 A.*

270. The notice of the time and place of the meeting of the jury
of inquisition, given by the company to the owner or owners, shall be
served by delivering a copy of the same to every such owner, if such
owner can be found within this State; and in case the owner be an
infant or non compos mentis, in addition to the service on such owner,
a copy of the notice shall be left with the parent, or guardian of the
infant, if there be one within this State, and with the committee or
other person having the care of the person or estate of the person alleged
to be non compos mentis, if any such committee or other person be
found within this State. In case any owner or person on whom
such notice is above required to be served, be not found within this
State, then such notice may be served either by delivering a copy thereof
to such owner, or person to be served wherever found, or by the publica-
tion of the same at least once a week for two successive weeks in some
newspaper published in the county where the lands or property sought to
be condemned may be, or if such lands or property lie within the city
of Baltimore, by publication of such notice at least twice a week for
two successive weeks in some daily newspaper published therein. Any
court to which the inquisition of the jury may be returned, for confirma-
tion, may, in its discretion, by order, either require the legal guardian
or the committee of the infant, or non-sane owner (if there be such
guardian or committee within the jurisdiction of the court) to appear,
show cause against such confirmation or otherwise protect the interests
of such infant or non-sane owner, or appoint a guardian ad litem to
represent such infant, or non-sane owner, and protect the interests of such
owner.

This section referred to in construing section 405—see notes thereto. Web-
ster v. Susquehanna Pole Line Co., 112 Md. 421.

Ibid. sec. 253. 1890, ch. 220, sec. 167 A.

271. AA7henever upon an unfinished railroad a right of way or loca-
tion on any part thereof remains for ten or more years unused for rail-
road purposes, the same shall be held to be abandoned and shall be held

*Should have been 167 B,
42