|
|
Power of con-
demnation.
|
in relinquishment of the claims for damages, and not for the
actual value of the land or other material taken; and having
made a fair and just off-set of the advantages and disadvan-
tages arising from the construction of said bridge, they shall
estimate and determine what amount of damages has been or
may be sustained by the said owner or owners, respectively,
and the said jury shall inquire and value therein the actual
value of the land or other material taken, and shall reduce
their inquisition to writing, and sign and seal the same, and it
shall then be returned by the sheriff to the Circuit Court for
Baltimore county, and be filed by the clerk of said court in his
office, and shall be confirmed by the said court at its next term
or session, if no sufficient cause to the contrary be shown, and
when confirmed, shall be recorded by said clerk at the expense
of said company; but if the same shall be set aside, the said
court shall direct another inquisition to be taken in the manner
above described, and in case of the second or any other inqui-
sition, which is confirmed by the court, shall not award to the
land or material owner, a larger amount of damages than was
awarded by the first inquisition, the court may, in its discre-
tion, order the cost of said second or other inquisition to be
paid by the owner or owners of said land or materials con-
demned; and the inquisition shall in all cases describe the
property taken, or the bounds of the land condemned, and the
quality or duration of the interest on the same valued for the
company, and such valuation when paid or tendered to the
owner or owners of the property or land, his, her or their legal
representatives, shall entitle the said company to the estates
and interests in the same thus valued, and if it or they have
been legally conveyed by the owner or owners of the same,
and the valuation, if not received when tendered, may, at any
time thereafter, be received, without costs, from the company
by the owner or owners, or his, her or their legal represen-
tatives; and the sheriff shall keep the jury together for a
reasonable time until they shall agree upon and sign and seal
said inquisition, and in case it shall happen that the jury
cannot agree after being kept together, as aforesaid, the
sheriff may, in his discretion, 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, who were not upon the former jury, and
the same proceedings shall be had in all respects as herein-
before 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 as aforesaid. But
|
|
