928 ARTICLE 23

An. Code, 1924, sec. 334. 1912, sec. 402. 1904, sec. 363. 1888, sec. 251. 1868, ch. 471,

sec. 173.

332. 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 superior
court of Baltimore City, as the case may be; and if no sufficient cause to the
contrary be shown, the said inquisition shall thereupon be 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 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. 181, et seq., and will be of no public use, do not raise
Jurisdictional questions. Railroad held to be for a purpose authorized by sec. 181, 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.

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 corporation, 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. 206 and 335, and notes.

An. Code, 1924, sec. 335. 1912, sec. 403. 1904, sec. 364. 1888, sec. 252. 1868, ch. 471,

sec. 174.

333. 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. 329, .332 and 335.

An. Code, 1924, sec. 336. 1912, sec. 404. 1904, sec. 365. 1888, sec. 253. 1868, ch. 471,

sec. 175.

334. 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,