CORPORATIONS. 797

prescribed; and like proceedings may be had until an inquisition in refer-
ence to said condemnation shall be confirmed.

Since no appeal is provided by statute from judgment of circuit or superior
court confirming or rejecting inquisition, no appeal lies, provided such court has
jurisdiction. The objections that there was no necessity for condemnation of land
in question, and that siding to be constructed is not such a railroad as is authorized
to be built by a mining company under sec. 180, et seq., and will be of no public
use, do not raise jurisdictional questions. Railroad held to be for a purpose au-
thorized by sec. 180, et seq., and for a public use. New York Mining Co. v. Mid-
land 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.

Fact that water company has been diverting water of a certain spring from its
channel, does not deprive it of right to condemn interest of owner of such water
right. Failure of return of sheriff to show that jurors were not related to parties,
or in any wise interested in subject of the condemnation, or stockholders in cor-
poration, there being however no suggestion that any of jurors were disqualified,
does not justify a refusal to ratify proceedings. Moores v. Bel Air Water Co.,
79 Md. 397.

See secs. 203 and 337, and notes.

An. Code, sec. 403. 1904, sec. 364. 1888, sec. 252. 1868, ch. 471, sec. 174.

335. 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 representative, 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 con-
firmed 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 secs. 331, 334 and 337.

An. Code, sec. 404. 1904, sec. 365. 1888, sec. 253. 1868, ch. 471, sec. 175.

336. Nothing herein contained shall authorize any incorporated com-
pany 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 con-
firmed, as provided for in the preceding section; and nothing herein con-
tained 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 secs. 331, 334 and 337.

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