620
LAWS OF MARYLAND.
If set aside,
court may direct
another
inquisition.
Provisoes.
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clerk of the circuit court for his county, and by
such
clerk filed in his court, and shall be confirmed by said
court at its next session, if no sufficient cause to the
contrary be shewn, and when confirmed, shall be recorded
by said clerk at the expense of said company;
but if set aside the said court may direct another inquisition
to take place in the mode before described, and
such inquisition shall describe the property taken, or the
bounds of the land condemned, and the quantity or
duration of the interest in the same, valued for the
company, and such valuation when paid or tendered to
the owner or owners of said property, or his, her or
their legal representatives, shall entitle the said company
to the estate and interest in the same thus valued,
as fully as if it had been conveyed by the owner or
owners of the same; and the said valuation, if not received
when tendered, may at any time thereafter be received
from the company, without cost, by the said owner or
owners, his, her or their legal representatives; Provided,
that no private property shall be taken by said company
for the use of said road without just compensation as
agreed upon between the parties or awarded by the
jury, being first paid or tendered to the party entitled
to such compensation; And provided, that no timber
of any kind shall be cut on any land other than the bed
of the rail road by the company or taken by them, or
any of their agents or employees for the use of the said
rail road, without the consent of the owners; And provided
further, that all costs and expenses that may
accrue in consequence of the condemnation of any
lands or material for the use of the said rail road shall
be paid by said rail road company.
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Proper wagon
ways to be
provided in
crossing other
roads.
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SEC. 12. And be it enacted,
That whenever, in the
construction of said road or roads, it shall be necessary
to cross or intersect any established road or way, either
public or private, it shall be the duty of the said president
and directors of said company, so to construct the said
road across such established road or way, as not to impede
the passage or transportation of persons on property
along the same, or when it shall be necessary to
pass through the lands of any individuals, it shall also
be their duty to provide for such individuals, proper
wagon ways across said road or roads, from one part of
his lands to the other; and whenever any road or roads
may hereafter be authorised to be made by the Legislature
where it may be necessary to to cross said rail road,
the company shall make or cause to be made a proper
and convenient way for said road to cross; the expenses
of which shall be paid as the Legislature may direct.
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