742 ARTICLE 23.

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 Bal-
timore, by publication of such notice at least twice a week for two sticces-
sive weeks in some daily newspaper published therein. Any court to which
the inquisition of the jury may be returned, for confirmation, 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 sec. 337—see notes thereto. Webster v.
Susquehanna Pole Line Co., 112 Md. 421.

An. Code, sec. 271. 1904, sec. 253. 1890, ch. 220, sec. 167A.

205. Whenever upon an unfinished railroad a right of way or location
on any part thereof remains for ten or more years unused for railroad pur-
poses, the same shall be held to be abandoned and shall be held liable to be
used and appropriated by any other railroad company upon purchase or
condemnation in the manner provided in this article.

This section does not operate to work a reverter of the unused property to owner
of fee, but to give power to another railroad company to secure the same by pur-
chase or condemnation. The word " abandoned " construed—what amounts to
abandonment? Canton Co. v. B. & O. R. R. Co., 99 Md. 222.

An. Code, sec. 272. 1904, sec. 254. 1888, sec. 168. 1876, ch. 242, sec. 12.

206. Whenever any railroad company, heretofore incorporated, or
which may hereafter be incorporated, shall find it necessary for the purpose
of avoiding annoyance to public travel, or dangerous, or difficult curves or
grades, or unsafe, or unsubstantial grounds or foundations, or for other
reasonable causes, to change the location or grade of any portion of its road,
whether heretofore made, or hereafter to be made, such railroad company
shall be, and is hereby authorized to make such changes of grade and loca-
tion, not departing from the general route prescribed in the certificate of
such company; and for the purpose of making any such change in the loca-
tion and grades of any such road as aforesaid, such company shall have all
the rights, powers and privileges to enter upon, and take, and appropriate
such lands, and make surveys necessary to effect such changes and grades,
upon the same terms, and be subject to the same obligations, rules and regu-
lations as are prescribed by law, and shall also be liable in damages, when
any have been caused by such change, to the owner or owners of the lands
upon which said road was heretofore constructed, to be ascertained and
paid, or deposited as aforesaid; but no damages shall be allowed unless
claimed within thirty days after actual notice of such intended change shall
be given to such owner or owners, if residing on the premises, or sixty days'
notice by publication in some newspaper in general circulation in the
county, if non-resident; provided, that when any condemnation shall have
been made and confirmed, under this section, or under sections 203 and 204,