560

LAWS OF MARYLAND.

of said streets, avenues and roads, and shall have the power to

widen the limits of said roads to a width requisite for the pur-

poses of the construction of said railroad, and whenever said

Alter

company shall determine to widen said roads, and when it becomes

grades &c

necessary to occupy grounds for the purpose of erecting the neces-

sary depots, stables and other buildings requisite for the enjoy-

ment and operating of said railroad, or to use new materials, and

the consent of the owner or owners of said ground or materials

cannot be obtained, a jury shall be summoned by the sheriff of

Anne Arundel county, or Baltimore county or Baltimore city, as

the case may be, upon a warrant of a justice of the peace of Anne

Arundel county, or Baltimore county or Baltimore city, as the

case may be, for that purpose, to be issued upon the application

of said company, to condemn said land and materials and assess

Jury of

the damages, if any, of the widening of said roads, and the occu-

condem-
nation,

pying of said shall be considered by the jury, and the inquisition

thereupon taken shall be signed by the sheriff and jury, and be

returned by said sheriff to the circuit court of Anne Arundel

county, or to the circuit court of Baltimore county, as the case

may be, or Baltimore city court, if the condemnation is in Balti-

more city, and unless good cause be shown against said inquisi-

tion of the jury it shall be confirmed by the said court at the

term next after the return of said inquisition and be recorded ;

and upon payment or tender of payment of the damages assessed

by said inquisition, said company shall proceed to occupy and

possess the land or materials so condemned for the purpose afore-

said; but if said inquisition shall be set aside, the said court may,

in its discretion, as often as may be necessary, direct another or

other inquisitions in the manner above described.

SEC. 8. And be it enacted, That the rate of fare to be charged

Fare.

by said railroad company, shall not exceed the sum of five cents

per passenger for the first mile, (or fraction of a mile,) between

the city of Baltimore and the southern terminus of the road, for

each additional mile or fraction of a mile, the sum of three cents

per mile.

SEC. 9. And be it enacted, That if any person or persons shall

wilfully, by any means whatsoever, injure, impair or destroy any

part of said road or railroad, or any of its necessary works and

buildings, or place any obstruction on said road or railroad, such

person or persons so offending shall be subject to indictment in

the circuit court for Anne Arundel county, or in the circuit court

Indict-
ment.

for Baltimore county, or in the criminal court of Baltimore city,

as the case may be, where the offense or offenses are committed re-

spectively, and upon conviction of such offense or offenses, shall

be punished by a fine of not less than one nor more than five hun-

dred dollars, or by confinement in the jail or in the house of cor-

rection for a period not exceeding two years, or by both, fine and

imprisonment in the discretion of the court.