LAWS OF MARYLAND.

1842

63 the said President and Directors may deem them neces-
sary, so as not to interfere with any previous grants, char-
ters, or rights, without free consent of the parties, the said
President and Directors, first obtaining in writing, the con-
sent of the owners of the land through which said turnpike
road shall pass, or if such consent cannot be had, and if it
be neccessary that said turnpike road shall pass through the
land of any person refusing his, her or their consent as afore-
said, then the President and Directors on behalf of the com-
pany, shall apply to a justice of the peace for said county,
which said justice shall thereupon issue his warrant, direct-
ed to the sheriff of the county, commanding him to sum-
mons twelve disinterested persons, qualified to serve as ju-
rors in the county court, to meet at the proper place on the
premises, to be valued not less than ten days after the date
of the warrant shall qualify the said persons either by oath
or affirmation as the case may be, justly truly, and imparti-
ally, to value the damages which may be sustained by the
owners of said land, and make true inquisition and return
of the amount of damages, taking into consideration the ad-
vantages and disadvantages if any j which may be sustained
by the owner or owners of said lands under their hands and
seal, and the hand and seal of the sheriff, to the clerk of Al-
legany county court, and unless good cause be shown
against the said inquisition, it shall be affirmed by the said
county court, and recorded, but if the said inquisition should
be set aside, or if from any cause no inquisition should be
returned to such court within a reasonable time, the said
court may at its discretion as often as may be necessary,
direct an other inquisition to be taken in the manner above
prescribed, and upon every such valuation the jury is hereby
directed to describe and ascertain the bounds of the lands by
them valued, and the quality and duration of the estate in

CHAP. 180.

the same, required by the company for its use; provided
nevertheless, that no such inquisition shall be taken unless
previous notice of the time and place of taking the same,
shall be given to the person or persons interested in the
lands about to be condemned by personal service of such
notice on him, her or them, of by leaving such notice at
his, her, or their place of abode, or by inserting the same
for three successive weeks, in some newspaper published
in Cumberland; provided, that the said turnpike road shall
hot pass through the house, yard, or grist mill, or saw mill,
of any person or any other tenement, or orchard or garden.

Provisoes.

SEC. 7. And be it enacted, That upon the president and
director's paying to the owners of the said land, the sum so
awarded by the jurors aforesaid as the case may be, they
19

Upon paying
wins awarded
by jurors, the
company may
cut road, &c.