580

LAWS OF MARYLAND.

be necessary, may order another inquisition to be
taken, which shall in "like manner be subject to
the approval of the "court; and such inquisition
shall describe the property or land condemned;
and the estate or quantity of interest in the same
valued for said company; and such valuation,
when paid or tendered to the owner or owners of
the property, or person or persons whose estate or
interest may be condemned, or to his or their
heirs or assigns, shall entitle the said company to
the use of said land or other property for or during
the estate or interest condemned, as if the same
had been conveyed according to law to the said
company by the owner or owners of said land, or
the person or persons interested as aforesaid; and
the said valuation, if not received when tendered,
may afterwards be demanded and received by the
party entitled thereto from said company without
interest; and if no person be found in Baltimore
county competent and authorized to receive said
damages, or if divers persons be interested there-
in, or if there be a controversy between the per-
sons claiming to be entitled thereto, the said Bal-
timore and Liberty Turnpike Company may pay
the same into the said court for the use of the per-
sons entitled; and the said court shall thereupon
take such course as it may deem appropriate for
the apportionment or payment thereof; and such
payment into court shall have the same effect as
a payment into the very hands of the parties to
whom said damages shall belong.

May construct
railway.

Sec. 7. Be it enacted, That the said Baltimore
and Liberty Turnpike Company shall have power
to construct a railway, with the necessary sidings
and switches, upon any road used by them as a
turnpike road, (always reserving a portion there-
of, not less than sixteen and a-half feet in width,
for the ordinary purpose of a turnpike road,) and
the same to use tor the conveyance of passengers
in cars drawn by horses, receiving such fare, not
exceeding five cents per mile, for every passenger,
as said company may establish; and shall also
have power to assign to other parties the right to
Consti uct and use such railway for such considera-
tion, and upon such terms and conditions as the
President and Directors of said Baltimore and
Liberty Turnpike Company may agree upon or
prescribe.