240
LAWS OF MARYLAND.
Lateral railways,
&c.
Proviso.
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and construct all works whatever, which may be necessary
and expedient, in order to the proper completion
and maintenance of the said road; and they may make
or cause to be made, lateral railways in any direction
whatever, from the said rail road, and for the construction,
repair and maintenance thereof, shall have all the
rights and powers hereby given, in order to the construction
and repair of the said principal rail road, and
may also own and employ steamboats or other vessels
to contract the said rail road or rail roads with other
points by water communication; Provided, nothing
herein contained shall be construed to authorise the
said company to take private property for their use,
without the compensation agreed upon by the company
and the owners thereof, or awarded by a jury, as
hereinafter provided, being first paid or tendered to the
party entitled to receive such compensation.
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President and
directors may
agree with
owners of
lands which
may be wanted.
In case of
disagreement,
sheriff to summon
jury of
inquest.
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SEC. 13. And be it enacted,
That the said president
and directors, or their agent or agents authorised by
them, may agree with the owner or owners of any land,
earth or materials, or any improvements which may be
wanted for the construction or repairs of any of the said
roads or any of their works, for the purchase or use and
occupation of the same, and if they cannot agree, or if
the owner or owners or any of them, be an infant,
feme covert, non compos mentis, or out of the county
where such property wanted may lie, when such property
may be wanted, application may be made to any justice
of the peace of such county, who shall thereupon
issue his warrant, under his hand and seal, to the
sheriff of the county, requiring him to summon a jury
of twenty of the inhabitants, not related to the parties,
nor in any wise interested, to meet on the lands or near
the materials, or other property wanted, on a day named
in said warrant, not less than ten nor more than twenty
days after issuing the same, and if at said time and
place any of the said jurors summoned do not attend, the
sheriff shall immediately summon as many persons,
similarly qualified as together with those in attendance,
will furnish a panel of twenty jurors in attendance,
and from the panel, each party, his, her, its or their
agent or attorney, or if either party be not present in
person or by agent, the sheriff, for him, her, it or them,
may strike off four persons, and the remaining twelve
shall act as the jury of the inquest of damages; and to
each, before he acts as such juror, the sheriff shall administer
an oath or affirmation, that he will justly and
impartially value the damages which the owner or owners
will sustain by the use or occupation of the same,
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