266

LAWS OF MARYLAND.

by said company, and the said jury in estimating the
damages aforesaid supposed to be sustained by the own-
er or owners of the land required for the construction of
said road shall take into the estimate the benefit result-
ing to the said owner or owners for conducting said road
through or along the land of such owner or owners,
but only in extinguishment of the claim for damages,
and the said jury shall reduce their verdict to writing
in the shape of an inquisition and sign and seal the
same, ami it shall then be returned by the said sheriff,
to the clerk of the circuit court of Baltimore county, to
he by him recorded and either party shall have the right
to appeal from the verdict of said jury to the next circuit
court of the county, and the said damages shall be paid
by said company into the hands of said sheriff, for the
person or persons to whom the same is awarded, before
said company shall proceed to make use of said road
for the purpose of said road, or to remove said materials

Proviso.

as the case may be; Provided, however, That said
company shall have full power to enter upon and sur-
vey the land so required, if necessary, as preliminary
to such condemnation, and the justice, sheriff and clerk
shall be entitled to receive the same fees for services
under this act as they are allowed in similar cases, and
the persons summoned as jurors shall receive one dol-
lar per day during their attendance, which fees and all
money shall be paid by said company, and the said
company or its agents shall have power to remove said
materials required for the road as aforesaid, across any
lands not in meddow or grain, upon paying to the
owner or owners thereof, a reasonable compensation to
be ascertained as aforesaid by a jury, in case the privi-
lege cannot be obtained by agreement.

Erection of
toll gates.

SEC. 11. And be it enacted, That when said road is
finished and perfected in the manner prescribed in the
ninth section of this act, the said company shall be
authorised to erect a toll gale thereon, and to charge
and receive tolls at such rates in all respects, and upon
such terms, conditions and limitations as are prescribed
in reference to the Baltimore and York Turnpike com-
pany by their charter or any supplement thereto.

Construction
of act.

SEC. 12. And be it enacted, That nothing in this
act shall be construed to authorise or empower the lo-
cation of the said Turnpike road through or over the
grounds occupied by the Maryland State Agricultural
Society, without their consent or until they shall have
abandoned the use of said grounds as a place for the