1860.

CHAP. 250.

LAWS OF MARYLAND.

on which the same may be, for the purchase of said
land, and in case of no agreement being made, or
in case the owner shall be a feme covert, under
age, or non compos mentis, or out of the State or
county of Talbot, the president of the said com-
pany, or any person authorised by him for that
purpose, shall apply to a justice of the peace of
Talbot county, which justice of the peace shall
thereupon issue his warrant, directed to the sheriff
of said county, commanding him to summon twelve
disinterested persons, qualified to serve as jurors in
the Circuit court for said county, to meet at the

Damages.

place where said lands may be, and the said sheriff
shall qualify the said persons by oath or affirma-
tion, as the case may be, justly and impartially to
value the damages which may be sustained by the
owner or owners of the land through which said rail-
ways may pass in consequence thereof; and the said
persons shall, after valuing the damages, return a
statement in writing of the valuation so made, and
a plat of the lands, certified under their hands and
seals to be a correct statement and plat, to the clerk
of the Circuit court for Talbot county, to be by him
recorded, a copy of which, certified under the hand
and seal of the office of said clerk, shall be the evi-
dence of any rights, titles or interest acquired under
this act; and if the owner or owners of the said lands
shall not be under any legal disability to receive
said valuation and give receipt therefor, the presi-
dent and directors shall immediately pay the amount
thereof to such owner or owners, or to such persons
as may be authorised to receive the same, and they
are not authorised to open said roads for their rail-
ways until the payment for the lands so condemned
and valued, or a tender of payment shall be made

Proviso.

to the owners thereof; Provided, that if such owner
or owners, or authorised agent, be under any legal
disability, then the president and directors of said
company shall enter into bond conditioned for the
payment of the damages assessed to the person or
persons who may be authorised to receive the same,
and shall lodge said bond in the clerk of Talbot
county, to be by him recorded, and upon such bond
or office copy thereof suit or suits may be instituted
against the obligees named by such persons when-
ever they may be entitled to receive such damages,
and upon the payment of said damages, or securing
the payment thereof by bond, to be filed as afore-
said, all the right, title, interest and estate of the