PRIVATE ACTS—CHARTERS. 15

BALTIMORE, CATONSVILLE AND ELLICOTT'S MILLS PASSENGER
RAILWAY COMPANY.

A SUPPLEMENT to an Act entitled an Act to Incorporate the Baltimore, Catons-
ville and Ellicott's Mills Passenger Railway Company, passed at January session,
1860, chap. 34.

SECTION 1. Be it enacted by the General Assembly of Maryland,
That the Baltimore, Catonsville and Ellicott's Mills Passenger Railway
Company may and shall be authorized to purchase and occupy any
lands adjoining the Baltimore and Frederick Town Turnpike Road, of a
. width not exceeding twenty feet; and not exceeding in length parallel
with the line of said road one hundred yards at and from Guinn's Falls
on said road; and in all cases where no agreement can be made with
the owners of said adjoining lands, or where such owner or owners shall
be a feme covert, infant or non compos mentis, the said President upon
giving notice in writing of not less than ten days to the parties in-
terested, or by placing such notice on the premises intended to be con-
demned may apply to a Justice of the Peace of Baltimore or Howard
counties, who shall thereupon issue his warrant to the sheriff of either
of said counties, commanding him to summon twenty disinterested per-
sons qualified to act as Jurors in the Circuit Courts of Baltimore or
Howard counties, as the case may be, to meet upon the land; and after
four of the Jurors so summoned are stricken off the panel by the Presi-
dent of said company or his agent; and four others by the person or
persons interested in said land or his or her agent, or in the absence or
refusal to strike off such persons, or their agents, four to be stricken off
by the said Sheriff, the Sheriff shall qualify the twelve remaining Jurors,
either by oath or affirmation, as the case may be, justly, truly and im-
partially to value the damages which may be sustained by the owner or
owners of said land or materials required by said company; and the
said jury in estimating the damages aforesaid supposed to be sustained
by the owner or owners of the land required for the construction of said
road, shall take into the estimate the benefit resulting to said owner or
owners, but only in the extinguishment of the claim for damages, and
the said Jury shall reduce their verdict to writing in the shape of an
inquisition and sign and seal the same; and it shall then be returned
by the Sheriff to the Clerk of the Circuit Court of Baltimore or Howard
counties as the case may be, and unless good and sufficient cause shall
be shown against the said inquisition it shall be affirmed by the said
court at the term next succeeding the return of said inquisition, but if
the said inquisition should be set aside, the said court may in its dis-
cretion as often as may be necessary direct another inquisition to be
taken in the manner above described; and provided, also, that it shall
not be lawful without the consent of the owner or owners to condemn
any line for the construction of. said railway, which shall pass through
the buildings, yard, gardens, lawns or orchard of any person or persons.

SEC. 2 And be it enacted, That upon the payment or tender of pay-
ment to the owner or owners of land so condemned of the amount of
damages that may have been assessed by such inquisition after the same