1827.

LAWS OF MARYLAND.

CHAP. 170

the pannel remain, the sheriff shall strike so as to reduce it to
that number, and the twelve remaining shall act as the jury of
inquest of damages; and before they act as such, the said sher-
iff shall administer to each of them an oath, or affirmation, as
the case may be, that he will justly and impartially value the
damage which the owner or owners may sustain by the use or
occupation of the same, required by the company; and the
jury, in estimating such damages, shall take into the estimate
the benefit resulting to the said owner or owners from con-
ducting such rail road through, along, or near to the proper-
ty 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 of 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 con-
trary 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 be taken in the man-
ner above prescribed; 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 es-
tate 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
valuation, if not received when tendered, may at any time
thereafter be received from the company, without cost, by the
said owner or owners, or his, her, or their legal representative
or representatives.

Cross ways provid-
ed for

Sec. 5. And be it enacted, That whenever, in the construc-
tion of said road, it shall be necessary to cross or intersect,
any established road or way, it shall be the duty of the presi-
dent and managers of the said company, so to construct the
said road across such established way or road, as not to im-
pede the passage 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 individual, proper wagon-ways across said road or
roads, from one part of his land to the other; and if any roach
shall be hereafter authorised by the Legislature or county au-
thority of this state, the direction of which shall lead across
the rail road bereby authorised, it shall be the duty of the
company in this act mentioned, so to construct or alter that
part of the rail road as shall permit the passage of any road
hereafter to be allowed by the Legislature or county authori-
ties of this state, at the expense of the county or persons open-
ing said road.

Immediate use of
materials provided
for

SEC. 6. And be it enacted, That whensoever it shall be ne-
cessary 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 their works or necessary