1860.

LAWS OF MARYLAND.

CHAP. 164.

tially, to value the damages which may be sustain-
ed by the owner or owners of said land, or material
required by said company, and the said jury, in
estimating the damages aforesaid, supposed to be
sustained by the owner or owners of the land, re-
quired for the construction of said road, shall take
into the estimate the benefit resulting to said own-
er or owners, for conducting said road through or
along the land of such owner or owners, but only in
extinguishment of the claim for damages, and the
said jury shall reduce their verdict to writing, in
the shape of an inquisition, and sign and seal the
same, and it shall then be returned by the said
sheriff to the clerk of the Circuit court for Baltimore
county, to be by him recorded, and either party
shall have the right to appeal from the verdict of
said jury to the next Circuit court of the county,
and the said damages shall be paid by the said
company into the hands of said sheriff, for the per-
son or persons to whom the same is awarded, be-
fore said company shall proceed to make use of
said land, for the purpose of said road, or to re-
move said materials, as the case may be; Provided,

however, that said company shall have full power
to enter upon and survey the land, if necessary, as
preliminary to such condemnation, and the justice,
sheriff and clerk shall be entitled to receive the
same fees for services under this act, as they are al-
lowed in similar cases, and the persons summoned
as jurors shall receive two dollars per day during
their attendance, which fees and allowance shall
be paid by said company.

Notice to be
given non-
residents.

SEC. 11. And be it enacted, That in case the
owner or owners of any land through which the
said road is required to pass cannot be found or as-
certained, or may be non-residents of the State, the
president shall in such cases give notice of the in-
tention of said company to condemn said land and
materials by advertisements in some newspaper
published in Baltimore county, giving at least
three weeks notice of such intention, and after ex-
piration of which notice they may proceed in the
manner prescribed in the last preceding section of
this act.

Toll-gates
and tolls.

SEC. 12. And he it enacted, That when said road
is finished and perfected to the Pimlico Meeting
House in the manner prescribed in the ninth sec-
tion of this act, the said company shall be autho-