42

CORPORATIONS. [ART. 26.

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

Notice.

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 news-
paper in general circulation in the county, if non-

Proviso.

resident ; provided, that when any condemnation shall
have been made and confirmed under this or preced-
ing sections, the said condemnation shall be finally
binding upon the company, unless within thirty days
they elect to abandon said location.

Ibid s. 12.

233. If it shall be necessary, in the location of any
part of any railroad, to occupy any road, street, alley
or public way, or ground of any kind, or any part

How right to
use streets,&c,
acquired.

thereof, it shall be competent for the municipal or
other corporation or public officer or public authori-
tiesj owning or having charge thereof, and the rail-
road company to agree upon the manner and upon
the terms and conditions upon which the same may
be used or occupied; and if said parties shall be
unable to agree thereon, and it shall be necessary in
the judgment of the directors of such railroad com-
pany to use or occupy such road, street, alley or other
public way or ground, such company may appropriate
so much of the same as may be necessary for the pur-
poses of such road, in the same manner and upon the
same terms as is provided for the appropriation of the
property of individuals by the tenth section of this act ;

Proviso.

provided, that every railroad company laying down
any such track or tracks, upon any such public street,

Responsible
for damage.

road, alley or other public ground, shall be responsible
for injuries done to private property by such location,
lying upon or near to such public ground, which may
be recovered by civil action brought by the owner or
owners, at any time within two years from the com-
pletion of such track or tracks before the proper court,

Proviso

and provided that no railroad company shall be allowed

Not to pass
through Balti-
more.

to pass through the city of Baltimore without the con-
sent of the municipal authorities.