1860.

LAWS OF MARYLAND.

CHAP. 342.

after the testimony is closed in such case, and with-
out any unnecessary delay, and before proceeding
to the examination of any other claims, they shall

Damages.

ascertain and determine the compensation which
aught to be, justly made by said company to the
party or parties owning or interested in the real
estate or other property appraised by them, and in
determining the amount of such compensation, the
jury shall make any allowance or deduction on ac-
count of any real or supposed benefits which the
parties in interest may derive from the construction
of any railroad or railroads, tram or train road,
but only in extinguishment of any claim for dam-
ages made by the owner of the land or materials
through which said railroad or train road may
pass; and the said company shall give notice to all
persons whose interests are to be affected by the
condemnation of any land or other material, in
writing or by advertisement in a newspaper pub-
lished in the city of Cumberland for at least three
weeks successively, of the time and place of hold-
ing such inquisition; the said jury shall reduce the
inquisition to writing, shall sign and seal the
same, and it shall be returned by the said sheriff
to the clerk of the Circuit court for Allegany
county, and be by said clerk filed in his office, and
shall be confirmed by the said Circuit court at its
next session, if no sufficient cause to the contrary
be shown, and when confirmed, shall be recorded
by said clerk at the expense of said company, but
if set aside, the said court may direct another in-
quisition to be taken in the manner above prescrib-
ed, and such, inquisition shall describe the property
taken, the bounds of the land condemned, and the
quantity or duration of interest in the same con-

Valuation,
when tender
ed, may enti-
tle company
to property.

demned for said company, and such valuation,
when paid into court, or paid or tendered to the
owner or owners of said property, or to his, her or
their legal representative, and not before, shall en-
title the said company to the estate, use and in-
terest thus valued as freely as if it had been con-
veyed by the owner or owners of the same, and the
valuation, if not received when tendered, may at
any time thereafter be recovered from said com-
pany without cost by the said owner or owners,

Proviso.

his, her or their legal representatives; Provided,
that any company now or hereafter to be incorpo-
rated shall have the privilege of connecting a lateral
railroad with the main railroad or railroads hereby