116

LAWS OF MARYLAND.

minister to each of them an oath or affirmation, as
the case may he, that he will justly and impartial-
ly value the damages and benefits which the own-
er or owners of said land will sustain, by the use or.
occupation of the same by the said company, and
in the estimation of damages sustained, due regard
should be had to the advantage which the owner or
owners will have, by reason of the construction and
completion of the aforesaid improvements, and in all

Inquisition
to be reduced
to writing &c.

and every instance, the advantages are to be taken
and considered, as an offset to damages; and the ju-
ry shall reduce their inquisition to writing, shall
sign and seal the same, and it shall then be return-
ed by the Sheriff to the Clerk of the Circuit Court
of Baltimore county, and by the said clerk filed in
his court, and shall be confirmed by said court at
its next session, if no sufficient cause to the contra-
ry be shown, and when confirmed shall be record-
ed by said clerk; but if set aside, the same court
may direct another inquisition to take place in the
manner before described, whose decision shall be
returned as before directed, and such valuation,
when paid or tendered to the owner or owners of
said property, or his or her legal representative,
shall entitle the said company to the estate and in-
terest on the same thus valued as fully as if it had

Proviso.

been conveyed by the owner or owners of the same;
provided, that no private property shall be taken
by said company for the use of said road, without
just compensation as agreed upon by the parties,
or awarded by the jury, being first paid or tender-
ed to the party entitled to such compensation.

Tolls.

Sec. 9. And be it enacted, That on the comple-
tion of said railway or any section of two miles
thereof, it shall and may be lawful for the said
company to charge for passengers at the rate of five
cents per mile, per passenger, and for toll on said
gravel road such tolls as are now or may be allow-
ed by law to the several turnpike roads in Balti-
more county.

Forfeit for
injury.

Sec. 10. And be it enacted, That if any person
or persons shall wilfully break, injure or destroy
the railroad or any property belonging to the said
company, or shall in any manner obstruct the free
passage along the said road, he, she or they shall
forfeit and pay to the said company three times the
actual damages so sustained, to be sued for and re-