1860.

LAWS OF MARYLAND.

CHAP. 59.

evidence in any of the courts of this State, and the
said company on paying the damages so assessed,
shall be entitled to have, hold, use and enjoy the
said lands forever for the purposes by them re-
quired, and in case any owner or owners of the
land as aforesaid condemned, shall be a minor or a
non-resident, or from any cause shall be incapable
of receiving, or unwilling or neglects to receive, or
shall refuse to receive the said damages, the said
company may pay the same to the clerk of the said
court to whom the assessment has been returned,
subject to the order of said owner or owners, and
the said clerk shall endorse a receipt for said dam-
ages on said certificate of assessment to be recorded
therewith, and thereupon the said company shall
be entitled to have, use and enjoy the said lands
forever as aforesaid; and all the expenses of making,
filing and recording the said assessment and re-
ceipts shall be paid by the said company.

Company or
owners of
land may ap-
peal.

SEC. 4. And be it further enacted, That if the said
company, or the owner or owners of any land re-
quired for the purposes of the said company shall
be dissatisfied with the award of damages made and
certified as aforesaid, the said company or said owner
or owners may, by petition to the Circuit court of
the county in which the said lands may lie, at the
next term thereof or within thirty days from the
filing of the said award, setting forth the grounds
of dissatisfaction with the award caveat the same,
and thereupon the said court shall have jurisdic-
tion of the matter, and the appearance of the
defendant shall be compelled and the cause
stand for trial as in cases of appeals from judg-
ments of justices of the peace, and upon the ap-
pearance of the defendant or defendants, the mat-
ter in issue, if matter of law, shall be tried by the
court, if matter of fact, shall be tried by a jury

Court may
amend certifi-
cate.

under the direction of the court; and the said court
may amend the said certificate if the same shall be
necessary, and if any increased damages shall be
found by the jury, the judgment shall be rendered
against the company for such increased sum, to-
gether with the amount of damages assessed by the
commissioners, if the same has not already been
paid or deposited as aforesaid, and unless the same
is paid or deposited within sixty days from the ren-
dition thereof execution may issue therefor, and
the said company shall have no right to enter or
continue upon the said land until it is paid, and if