JOSEPH KENT, ESQUIRE, GOVERNOR.

1827

taken in the manner above prescribed; and such inquisition
shall describe the property taken, or the bounds of the land
condemned, and the quantity of 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 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 representative or representatives.

CHAP 72.

SEC. 16. And be it enacted, That whenever in the construc-
tion 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 said president and directors of the said company, so to
con struct the said road across such established road or way,
as not to impede the passage or transportation of person or
property along the same; or when 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.

Cross roads secured

SEC. 17. And be it enacted, That if the said company should
neglect to provide proper wagon ways across said road as re-
quired by the sixteenth section of this act, it shall be lawful
for any individual to sue said company, and be entitled to such
damages as a jury may think him or her entitled to for such ne-
glect or refusal on the part of the said company.

Damagess for neg-
lect to secure cross
roads.

SEC. 18. A.nd 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 the said road or roads, or their works
or necessary buildings, the president and directors of said
company, or their agents, or those contracting with them, for
making or repairing the same, may immediately take and use
the same, they having first caused the property wanted, to be
viewed by a jury, (formed in the same manner herein-before
prescribed in those cases, where the property is to be chang-
ed 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 view; and the in-
quest of the jury , after confirmation, and after payment or
tender of the valuation, shall be a bar to all actions for taking
er using such property, whether commenced before or after
such confirmation, or the payment of said valuation.

Immediate use of
materials secured

SEC. 19. And be it enacted, That if it shall be necessary
for the said Baltimore and Susquehanna rail road company,
in the selection of the route or construction of the road by
- them to be laid out and constructed, or any part of it, to con-
nect the same with, or to use any turnpike road or bridge,
made or erected by any company or persons, incorporated or
authorised by any law of this state, it shall be lawful for the

Contracts for using
parts of roads of
bridges authorised