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The Maryland Code Public General Laws, 1904
Volume 393, Page 672   View pdf image (33K)
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672 CORPORATIONS. [ART. 23

authorize the construction of any bridge across any of the
navigable waters of this State; but the said corporation shall
be responsible for any damages which any person or corpora-
tion may sustain by the erection, continuance and use of such
fixtures; and in any action brought for the recovery thereof
by the owner or possessor of any lands, the damages to be
awarded may, at the election of such corporation, include the
damages for allowing the said fixtures permanently to con-
tinue; on payment of which damages, the right of the corpo-
ration to continue such fixtures shall be confirmed, as if
granted by the parties to the suit; provided, that no person or
body politic shall be entitled to sue for or recover damages as
aforesaid, until the said corporation, after due notice, shall
have failed or refused to remove, in reasonable time, the
fixtures complained of; or the president and directors of the
said company may apply to a justice of the peace of the
county or city where such lands are, and such justice shall
thereupon issue his warrant, directed to the sheriff of said
county or city, commanding him to summon twelve disinter-
ested persons, qualified to serve as jurors, to meet at the
proper place, as directed by the said justice; and the sheriff
shall qualify the said persons, by oath or affirmation, faithfully
to perform the duties required of them by the next succeeding
section.

1888, art. 23, sec. 225, 1868, ch. 471, sec 130.

325. The said jury shall make a just and equitable apprais-
ment of all the loss or damage that may be sustained by any
person or corporation, on or over whose lands or bridges said
posts, piers or abutments are intended to be placed, and shall
make a true return and inquisition thereof, in writing, under
their hands and seals.

Ibid. sec. 226. 1868, ch. 471, sec. 181.

326. The sheriff shall make return of the inquisition so
found, to the clerk of the circuit court for the county, or the
superior court of Baltimore city, who shall file the same and
lay it before the said court at its next session; and such
inquisition shall be confirmed by said court, unless good cause
be shown to the contrary; and when confirmed, shall be
recorded by the clerk, at the expense of the corporation; but
if set aside, the said court may direct another inquisition to
be taken in the manner above prescribed. The valuation of


 

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The Maryland Code Public General Laws, 1904
Volume 393, Page 672   View pdf image (33K)
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