A. W. BRADFORD; ESQUIRE, GOVERNOR.

the damages and benefits which the said Turnpike
Road Compa-ny/ or the owner or owners of said
lands, will sustain by the use or occupation of the
same by the company; if required by the com-
pany, party or parties whose lands are to be af-
fected by their proceedings, or by the said rail-
road company, or their agent or agents, the jury
shall cause to be summoned such witnesses as the
parties may require, and shall examine them on
oath or. affirmation in relation to the value of
property to be condemned, and they shall reduce
the testimony, if any is taken by them, to writing;
and after the testimony is closed, and without any
unnecessary delay, and after having made a fair
and just comparison of the advantages and disad-
vantages arising from the said railroad, they shall
estimate and determine whether any, and if any,
what amount of damages has been or may be sus-
tained by the said Turnpike Company, owner or
owners respectively, and make a report thereof ac-
cordingly; and the said jury shall reduce their in-
quisitions to writing, shall sign and seal the same,
and it shall then be returned by the said Sheriff to
the Clerk of the Circuit Court of Baltimore coun-
ty, 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 contrary be shown, and
when confirmed shall be recorded 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 said Turnpike Road Company,
owner or owners of said property, or his or her
legal representatives, shall entitle the said com-
pany 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 said valua-
tion, if not received when tendered, may at any
time thereafter be received from the said company

191

by the said owner or owners, his, her or their
legal representatives; 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 tendered to the party en-
titled to such compensation.

Proviso.