1839.

LAWS OF MARYLAND.

CHAP. 215.

cent in addition thereto, as may be requisite to produce a
nett income to the said company of six per cent per annum,
on the amount of their outlay upon that portion or section
of their works,for the using of which tolls may be demand-

Tolls— fines—

how recovered.

ed as aforesaid; and for the purpose of ascertaining and
recovering the tolls and duties to be charged as aforesaid,
and for protecting the said company's works, interests and
property, from any injury, damage, nuisance or abuse, and
for obtaining satisfaction or indemnity therefor, by fines,
forfeitures or penalties, the said company shall or may
claim and enforce similar fines, forfeitures and penalties,
in like cases, and have and exercise all or any of the like
claims, rights, powers and privileges, with the like forms
of proceeding for maintaining and enforcing the same, as
in such respect are or may be lawfully claimed, possessed
or exercised, by any other company incorporated by this
State, for any work or works of a similar character, or for

Right of pro-
ceeding, as to
other compa-
nies, granted.

Proviso.

any similar purpose; and to promote the proper and con-
venient using and conducting of any of the works autho-
rised by this act, the said company hereby incorporated
shall or may have the benefit and the right of proceeding
under and by virtue of such provisions, clause or clauses,

work or works, have heretofore been enacted in the charter
of any other company in this State; provided always, that
in order to be entitled to claim and have the benefit of any

such provisions, clauses or enactments, contained in any

other charter as by this section is granted and authorised,
the said company hereby incorporated shall previously
cause to be conspicuously set up, at each of their gates or
toll-houses, a printed copy of every such provision, clause
or enactment, with reference to the particular act of As-
sembly in which the same shall be contained.

In case compa-

ny cannot ob-

tain land by
contract, &c.

Sheriff to sum-

mon 20 men to

value damanges.

SEC. 10. And be it enacted, That if the said company
cannot obtain, by contract with the owners, such lands,
sand, earth or gravel as may be necessary for the purpo-
ses of said company, or if the owner is absent from said
county, or under any legal disability, then said company
may require a justice of the peace to issue a warrant to
the sheriff, commanding him to summon a jury of twenty
inhabitants of the county where such lands lie, and the
same proceedings shall be had, and the mode of condem-
nation and assessment of damages pursued, which are
prescribed by the sixteenth section of the act of Assembly,
passed at December session, eighteen hundred and thirty-
one, chapter twenty, entitled an act incorporate the Cecil