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CHAP. 237
Duties and
powers of the
commissioners.
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Sec. 5. And be it enacted, That until the said road
shall be completed, as aforesaid, and until the com-
pany shall be thereafter organised, as hereinbefore
provided, that the commissioners named in the said
original act of eighteen hundred and forty-six, chapter
two hundred and forty-two, and their successors, shall
be and they hereby are invested with all the powers,
and subject to all the liabilities conferred and im-
posed by this act, upon the said corporation hereby
created.
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May condemn
land — how pro-
ceedings are to
be conducted.
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SEC. 6. And be it enacted, That the said commis-
sioners be and they are hereby invested with full
power and authority to agree with the owners of the
lands through which the said road is to be made for
the right of way, and the land actually necessary for
said road, and in default of their being able to agree
with all or any of the owners of said land, that the
said commissioners be and they are hereby empower-
ed to apply to any justice of the peace for Carroll or
Frederick county, for the condemnation of such land
as may be necessary for said road in said county, and
for which they may be unable to agree with the
owners thereof, and upon such application, that it
shall be the duty of such justice of the peace to issue,
forthwith, his warrant to the Sheriff of Carroll or
Frederick counties, directing him, upon a day to be
named in the said warrant, to summon a jury of twelve
disinterested men, who would be legally competent to
act as jurors in the county courts of said county, to
meet upon the land designated as necessary for said
road, and alter making an affidavit before a justice of
the peace of said county, that they will value the
land so designated, and the damage to the owner of
the same, consequent upon its being taken for said
road, without favor or partiality, according to the best
of their judgment, the said jurors shall decide and
assess the value of said land so required for said road,
and the damage to the owner thereof, consequent up-
on its being taken and used for said road, and that the
said commissioners, before they shall make said road
over the land so valued and assessed, shall pay to the
owner thereof the full amount of such valuation and
assessment; and that it shall be the duty of the sheriff,
who shall summon such jury, to return their verdict
in writing, designating and describing the land em-
braced in said verdict, to the office of the clerk of
Carroll or Frederick county court, whose duty it shall
be, at the expense of said commissioners, to record
the same among the land records of said county; and
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