CORPORATIONS. 741

Damages.

The owner should be allowed all damage which it sustains by the seizure of its
property, and any loss which may arise from the impairment of the value of its
contract rights. Duty of the court and jury under this section. Baltimore, etc.,
Turnpike Road v. Baltimore, etc., R. R. Co., 81 Md. 257.

This section compared with sec. 208. This section limits the damages to those
which owner of condemned land will sustain by use and occupation of his property
by the corporation. Lake Roland Co. v. Webster, 81 Md. 536.

Inquisition proceedings held not to indicate that the company would take any
land outside of the lines of the lots as therein described, and that the plaintiff was
entitled to extra compensation for property taken outside of such lines, as well as
for his easements and rights in streets, and in the bed, and to the use, of a stream.
The words " in the same " as used in this section, refer to " the property taken or the
bounds of the land condemned " described in the inquisition, and not to any estate

or interest in land not so described. Shipley v. Western Md. R. R. Co., 99 Md. 130.

Generally.

This section necessarily implies that reasonable notice shall be given the owner
of the proposed inquisition. Notice to the owner after the inquisition has been
returned to the court, is not sufficient. This section is not in conflict with the state
or Federal Constitution. Baltimore, etc., R. R. Co. v. Baltzell, 75 Md. 98. Cf.
George's Creek, etc., Co. v. New Central, etc., Co., 40 Md. 437. And see Pitznogle
v. Western Md. R. R. Co., 119 Md. 683.

If the party whose land has been condemned for the use of a railroad company,
fails to except to the ratification of the inquisition, or to appeal from an order of
court determining that the company has the power of condemnation, he cannot
afterwards rely upon the company's lack of power as a ground for injunction.
Dolfield v. Western Md. R. R. Co., 107 Md. 584. And 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 irregulari-
ties, 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; Dolfield v. Western Md. R. R.
Co., 107 Md. 584; George's Creek, etc., Co. v. New Central, etc., Co., 40 Md. 437.

This section, et seq., referred to in deciding that art. 91, secs. 28 and 40, so far as
they confer the power, and regulate the procedure of condemnation, were not re-
pealed by the adoption of art. 33A of the Code, particularly in view of sec. 15 of
art. 33A. Koehler v. State Rds. Com., 125 Md. 446.

If a railroad company organized under the general law, attempts to condemn
property outside its legal route, the inquisition will be enjoined. Inquisition upheld.
See sec. 206. Piedmont, etc., Ry. Co. v. Speelman, 67 Md. 272.

See secs. 154, 184, 321, 330, and notes to sec. 331, et seq., and 346 and 379. See
also art. 33A.

An. Code, sec. 270. 1904, sec. 252. 1892, ch. 657, sec. 167A.

204. 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 com-
mittee 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
publication of the same at least once a week for two successive weeks in some