WM. T. HAMILTON, ESQUIRE, GOVERNOR.

735

that the jury cannot agree after being kept together

as aforesaid, the sheriff shall discharge the said jury,

and without any further warrant from a justice of

the peace, shall, within five days thereafter, summon

another jury of twenty inhabitants as aforesaid not

Disagreement
— how settled.

upon the former jury, and the same proceedings shall

be had in all respects as hereinbefore provided, and

in case of a second or other disagreement of the jury,

the same proceedings shall be had until a verdict or

inquisition shall be made and returned and confirmed

as aforesaid.

SECTION 10. And be it enacted, That whenever

said Maryland Central Railroad shall find it neces-

sary, for the purpose of avoiding annoyance to public

travel or dangerous or difficult curves or grades, or

unsafe, or unsubstantial grounds, or foundations or

for other reasonable causes to change the location

Change loca-

or grade of any portion of their road, whether here-

tion.

tofore made or hereafter to be made, such railroad

company shall be and is hereby authorized to make

such changes of grade and location, not departing

from the general route hereinbefore described; and

for the purpose of making any such change in the

location and grades of such road as aforesaid, such

company shall have all the rights, powers and privi-

Rights and

leges to enter upon and take and appropriate such

powers.

lands and make necessary surveys to effect such

changes and grades, upon the same terms, and be

subject to the same obligations, rules and regula-

tions as are prescribed by law and shall also be

liable in damages when any have been caused by

such change, to the owner or owners of the lands

upon which said road heretofore is constructed, to

Liable in dam-

be ascertained and paid or deposited as aforesaid,

ages.

as required by section eight of this article; but no

damages shall be allowed unless claimed within

thirty days after actual notice of such intended

change shall bo given to such owner or owners if

residing on the premises, or sixty days' notice by

publication in some newspaper in general circula-

tion in the county of non-resident; provided that

when any condemnation shall have been made and

confirmed under this or preceding sections, the said

condemnation shall be finally binding upon the

company unless within thirty days they elect to

abandon said location.