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Occupy for new
location
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SEC. 2. And be it enacted, That the Baltimore and
Ohio Rail Road Company shall not occupy, use or ap-
propriate any lands or materials, necessary for the
erection, construction and establishment of the said
rail road upon the route to be selected and located un-
der this act, further than may be necessary for the
survey and location of said route, before the purchase
or condemnation money for said land and materials has
been ascertained and paid or tendered, or security giv-
en for the paymeut of the same, by, or on behalf of the
company, in the manner hereinafter mentioned; provi-
ded that the said company shall not be retarded or de-
layed in the construction of their said work, after such
payment or tender or security given, notwithstanding
any objection on the part of the company or the pro-
prietor or proprietors, to the inquisition made and had,
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Case of dissatis-
faction, pro.
ceedings direc-
ted
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but if the said compauy shall be dissatisfied therewith,
they shall give bond and security to be approved by
any judge of the county court, or two justices of the
peace of the county, wherein the said lands or materi-
als lie, to pay the amount of the condemnation money
and costs of the caveat, if the inquisition be affirmed, or
such costs as may be adjudged by the county court to
which the inquisition may be returned, if the inquisi-
tion be set aside, and the condemnation money and
costs thereafter to be ascertained and incurred, but if
the proprietor be dissatisfied with the inquisition afore-
said had and obtained, the company may proceed to
execute their said work as aforesaid, upon giving bond
with security as aforesaid, to pay the amount of con-
demnation money ascertained, and costs of the inquisi-
tion, if the same be affirmed, exclusive of the costs of
the caveat, or the amount of the condemnation money
which may be ascertained, and the costs of the inquisi-
tion and caveat, if the inquisition be set aside, at the
instance of the owner or owners; provided, that the
costs of the inquisition, whether ratified or set aside,
shall always be defrayed by the said company.
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