1826
CHAP. 123.

LAWS OF MARYLAND.

or by agent, the sheriff for him, her, it or them, nay strike off
four jurors, and the remaining twelve shall act as the jury of in-
quest of damages; and before they act as such, the said sheriff
shall administer to each of them on oath, or affirmation, as the
ease may be, that he will justly and impartially value the damages
which the owner or owners will sustain by the use or occu-
pation of the same required by the company; and the jury in es-
timating such damages shall take into the estimate the benefit re-
sulting to the said owner or owners from conducting such rail
road through, along or near, to the property of said owner or
owners, but only in extinguishment of the claim for damages;
and the said jury shall reduce their inquisition to writing, and
shall sign and seal the same, and it shall then be returned by
said sheriff to the clerk or prothonotary of his county, as the en se
may be, and by stich clerk or prothonotary, filed in his court,
and shall be confirmed by said court at its next session, if no suf-
ficient cause to the contrary be shewn; and when confirmed
shall be recorded by said clerk or prothonotary. at the expense
of said company, but if set aside, the said court may direct ano-
ther inquisition to be taken in the manner above prescribed; and
such inquisition shall describe the property taken, or the bounds
of the land condemned, and the quantity or duration of the in-
terest 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 oi the
same; and the valuation, if not received when tendered, may at
any time thereafter be received from the company, without costs,
by the said owner or owners, or his, her, or their legal represen-
tative or representatives.

in crossing any
established road
not to impede.
passage of persona,
&c.

16. And be it enacted. That wherever, in the construction
of said road or roads, it shall be necessary to cross or intersect
any established road or way, it shall be the duty of the presi-
dent and directors of said company so to construct the said road
across such established road or way, as not to impede the pas-
sage or transportation of persons or property along the same;
or where it shall be necessary to pass through the land of any
individual, it shall also be their duty to provide for such indi-
vidual proper wagon-ways across said road or roads, from one
part of his land to the other.

When necessary
to occupy lands,
&c

17. And be it enacted, That whensoever it shall be necessary
for said company to have, use or occupy, any lands, materials,
or other property, in order to the construction or repair of any
part of said road or roads, or their works or necessary build-
ings, the president and directors of said company, or their a-
gents, or those contracting with them for making or repairing
the same, may immediately tike and use the same, (they having
first cause the property wanted to be viewed by a jury, formed
in the manner herein before prescribed,) in those cases where
the property is to be changed or altered by admixture with other
substances before such alteration is made, and that it shall not
be necessary, after such view, in order to the use or occupation
of the same, to wait the issue of the proceedings upon such