T. HOLLIDAY HICKS, ESQ., GOVERNOR.

1860.

ware, when the said railroad shall intersect said
line to the Choptank river, at a point at or near
Potter's landing by such route or routes as they
may deem most eligible, and for that purpose may
enter upon any land necessary for locating, laying
out or making the same or any part thereof, or to
procure land, gravel, earth, wood or timber for
such use and to obtain the right or title to the
same as hereinafter provided.

CHAP. 126.

SEC. 3. And be it enacted, That whenever appli-
cation shall be made by the company for this pur-
pose, the judge of the seventh Judicial Circuit,
court of Maryland in term time, or in vacation,
shall appoint five commissioners and whenever it
shall be necessary for the said company to enter in
and upon and occupy for the purpose of making
said railroad any lands upon which the same may
be located, if the owner or owners of said land shall
refuse to permit the entry and occupation, and the
parties cannot agree upon the compensation to be
made for any injury or supposed injuries that may
be done to said land by such entry and occupation,
the said commissioners on being notified by the said
company, shall go upon the said lands and assess
the damages of such owner or owners on oath or
affirmation, fairly and impartially, and the said
commissioners shall certify their finding and award

In case of
disagreement
between the
company and
the land-own-
ers, commis-
sioners may
be appointed
to assess dam-
ages.

to both parties; but if either party be dissatisfied
with the damages so assessed, such party may on
application to the clerk of said court in the county
where the land lies within thirty days after such
assessment sue out a writ of "ad quod danum" re-
quiring the sheriff in the usual form to inquire of
twelve impartial men of his bailiwick of the dama-
ges as aforesaid, and their report shall be final,
whereupon the company upon paying the damages
so assessed shall become entitled to have, hold, use
and enjoy the said lands for the purposes by them
required forever, and in case any owner of lands
necessary for the purposes of said company shall be
a minor or non resident or for any cause incapa-
ble of receiving or unwilling or neglecting to re-
ceive said damages or to call upon the said com-
pany for the same, the said company may deposited
the amount of the said damages to the credit
of such owner or owners in the Easton bank, sub-
ject to his, her or their order, whereupon the said
company shall be entitled to have, hold, use, and

Company or
owners of
land may ap-
peal.