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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 708   View pdf image (33K)
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708 CORPORATIONS. [ART. 23

array before the Jurors are sworn, followed by exceptions to the ratification
of the Inquisition founded on that specific ground; otherwise the objection is
waived. New York Mining Co. v. Midland Mining Co., 99 Md. 516. And see
Moores v. Bel Air Water Co., 79 Md. 399.

Without considering whether this section applies to a condemnation by a
railroad company (see section 269), the owner is entitled to notice before the
property is condemned, and notice of the pendency of the inquisition In court
for confirmation, is not in itself sufficient. Baltimore, etc., R. R. Co. v.
Baltzell, 75 Md. 106. Cf. George's Creek, etc., Co. v. New Central, etc., Co.,
40 Md. 437.

The fact that a co-owner is a public service corporation, does not enlarge
its rights as such co-owner. This section provides how and in what manner
the right of condemnation may be exercised. Susquehanna Co. v. St. Clair,
113 Md. 672.

For a note on the condemnation of land by corporations, see Hamilton v.
Annapolis, etc., Ry. Co., 1 Md. 553.

As to condemnations by bridge companies, see sec. 126; by mining com-
panies, sec. 250; by railway companies, sec. 269; by telegraph and telephone
companies, sections 359 and 405; by turnpike, pla.nk road and passenger rail-
way companies, sec. 389; by water companies, sec, 398.

See notes to sections 402 and 405.

1904, art. 23, sec. 361. 1888, art. 23, sec. 249. 1868, ch. 471, sec. 171.

400. If at said time and place any jurors summoned do not attend,
the sheriff shall immediately summon as many jurors as may be neces-
sary, with the jurors in attendance, to make twenty jurors, and from
them each party, or its, his, her or their agent, or if either party be not
present in person or by agent, the sheriff for him, her, it or them may
strike off four jurors, and from those remaining on the list the sheriff
shall select twelve to act as the jury of inquest of damages.
See notes to sections 399, 402 and 405.

Ibid. sec. 362. 1888, art. 23, sec. 250. 1868, ch. 471, sec. 172.

401. The sheriff shall, before they proceed to act as such, admin-
ister to each of said jury an oath that he will justly and impartially
value the damages which the owner will sustain by reason of the occupa-
tion of the said land or materials required by the occupation, and find
whether or not the condemnation of such land or material is necessary
and proper for the use of such corporation, for the due exercise and
enjoyment of its corporate privileges.

See notes to sections 399, 402 and 405.

Ibid. sec. 363. 1888, art 23, sec. 251. 1868, ch. 471, sec. 173.

402. The jury shall reduce their inquisition to writing, and shall
sign and seal the same, and it shall then be returned by the said sheriff
to the clerk of the circuit court for his county, or the clerk of the supe-
rior court of Baltimore city, as the case may be; and if no sufficient
cause to the contrary be shown, the said inquisition shall thereupon he
confirmed by the said court, at such time and after such notice as shall
be fixed by its rules; and when confirmed, shall be recorded by said
clerk at the expense of said corporation; but if set aside, or if the
jury shall fail to agree, the said court may direct another inquisition
to be taken in the manner above prescribed; and like proceedings may

 

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The Annotated Code of the Public Civil Laws of Maryland, 1911
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