ART. 23] CONDEMNATION. 709

be had until an inquisition in reference to said condemnation shall be
confirmed.

Since no appeal is provided by statute from the Judgment of the circuit
or superior court confirming or rejecting the Inquisition, no appeal lies, pro-
vided such court has jurisdiction. The objections that there was no necessity
for the condemnation of the land In question, and that the siding to be con-
structed Is not such a railroad as is authorized to be built by a mining com-
pany under section 246, et seq., and will be of no public use, do not raise
Jurlsdictional questions. Railroad held to be for a purpose authorized by
section 246, et seq., and for a public use. New York Mining Co. v. Midland
Mining Co., 99 Md. 508. And see Webster v. Susquehanna Pole Line Co., 112
Md. 433; Textor v. B. & O. R. R. Co., 107 Md. 221; Dolfield v. Western Md.
R. R. Co., 107 Md. 584; Arnsperger v. Crawford, 101 Md. 250; Moores v. Bel
Air Water Co., 79 Md. 392.

The fact that a water company has been diverting the water of a certain
spring from its channel, does not deprive it of the right to condemn the
Interest of the owner of such water right. The failure of the return of the
sheriff to show that the Jurors were not related to the parties, or in any wise
interested in the subject of the condemnation, or stockholders in the corpora-
tion, there being however no suggestion that any of the jurors were disquali-
fied, does not Justify a refusal to ratify the proceedings. Moores v. Bel Air
Water Co., 79 Md. 397.

See sections 269 and 405, and notes.

1904, art. 23, sec. 364. 1888, art. 23, sec. 252. 1868, ch. 471, sec. 174.

403. Every such inquisition shall describe the property taken, or
the bounds of the land condemned, and the quantity or duration of
interest in the same valued for the corporation; and such valuation,
when paid or tendered to the owner of said property, or his legal repre-
sentative, after confirmation thereof, or when the same shall be paid
into court, under such regulations as the court by which the said
inquisition shall have been confirmed shall prescribe, shall entitle the
said company to the estate and interest in the same thus valued, as
fully as if it had been conveyed by the owner of the same; and the
valuation, if not received when tendered, may at any time thereafter
be received from said corporation without costs by the said owner or
his legal representatives; and all fees or per diem to which any sheriff,
clerk, juror or other officer shall be entitled for any service required
of him under the aforesaid proceedings for condemnation shall be paid
by the corporation causing the same to be instituted.
See notes to sections 399, 402, and 405.

Ibid. sec. 365. 1888, art. 23, sec. 253. 1868, ch. 471, sec. 175.

404. Nothing herein contained shall authorize any incorporated
company to take or use property without just compensation, as agreed
upon with the owner, or awarded by a jury, having been first paid or
tendered to the parties entitled thereto, or paid into a court, after
inquisition confirmed, as provided for in the preceding section; and
nothing herein contained shall authorize the location of any public
road on private property without consent of the owners or the decision
of the county commissioners, upon due hearing as now prescribed by
law for opening or altering public roads.

Cited but not construed in Susquehanna Co. v. St. Clair, 113 Md. 672.

See notes to sections 399, 402 and 405.

See the constitution of Maryland, art. 3, sec. 40.