THOMAS W. VEAZEY, ESQUIRE, GOVERNOR.

1836

cinity, nor connected with the parties, to meet on the
premises to be condemned, on some day to he fixed in
said warrant, and not less than twenty days from the
date thereof, anil flic said jurors or any twelve of them
being so summoned, or such talismen as may be neces-
sary, if twelve do not attend, being convened on the
premises in question, shall be sworn by the sheriff
aforesaid, faithfully and truly to assess the damages
sustained by the owner or owners of said land or mate-
rials, by reason of the construction of said road, or
their appropriation thereto, without prejudice or par-
tiality to cither of the parties, and to consider, if any,
the advantages of said road especially accruiug from
its location through the lands of such owner in their esti-
mate of said damages, and the inquisition of said jurors
having been signed and scaled by said slferiff and ju-
rors, shall be returned to the next county court to be
ratified and confirmed or quashed, and it shall and may
be lawful for the said company or the owners of said
land to object to the said inquisition, for excess or in-
adequacy of damages, and for the county court afore-

CHAP. 79.

said to confirm or reject the said inquisition, as to if
may seem proper; provided always, that the said Rail
Road Company shall not occupy and use the said lands
further than to survey and locate their said road, be-
fore the purchase or condemnation money is paid or
tendered, and if cither party shall object to the inqui-
sition, it shall be lawful for the company after condem-
nation to proceed to construct their said works, upon
giving bond with security, to be approved by the judge
or justice aforesaid, or by any one of the judges of
Washington county court, to pay or satify such dama-
ges as may be assessed, and costs of the caveat, if the
inquisition be quashed at the instance of the owner or
owners of sard land or materials, or the damages then
ascertained, and costs of inquisition, exclusive of costs
of caveat if the inquisition be confirmed, upon being
cavcated by the owner or owners aforesaid.

Proviso.

SEC. 4. And be it enacted, That the said company
in the location, construction, and use of its said road,
shall have and be entitled to the like rights privileges
and immunities granted to and enjoyed by the Balti-
more and Ohio Rail Road Company, in the location,
construction, and use of its road, except as hereinbefore

Right of loca-
tion, and other
privileges