304

LAWS OF MARYLAND.

mages which the owner or owners of said land, earth,
gravel, stone or other materials, will sustain by the use
or occupation thereof by said company, and if required
by the parties whose lands are to be affected by their
proceedings, the jury shall cause to be summoned such
witnesses as the parties may require, and shall ex-
amine them on oath in relation to the value of
the property to be condemned; and they shall reduce

Testimony to
be reduced to
writing.

the testimony, if any is taken by them, to writing, and
after the testimony is closed, in such case and with-
out any unnecessary delay, and before proceeding
to the examination of any other claim, they
shall ascertain and determine the compensation which
ought 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 not make
an allowance or deduction on account of any real or
supposed benefits which the parties in interest may
derive from the construction of any rail road or rail
roads, and the said company shall give notice to all
persons whose interests, are to be affected by the con-
demnation of any land, in writing or by advertise-
ment in a newspaper published in the town of
Cumberland, for at least three weeks successively,
of the time and place of holding such inquisition; the

Inquisition to
be reduced to
writing, and
recorded.

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 coun-
ty, and be by said cleric died 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 ex-
pense of said company, but if set aside, the said court
may direct another inquisition to be taken in the man-
ner above prescribed and such inquisition shall describe
the property taken the bounds of the land condemned,
and the quantity or duration of interest in the same
condemned for said company, and such valuation when
paid into court or paid or tendered to the owner or own-
ers of said property or to his, her or their legal repre-
sentative, and not before, shall entitle the said com-
pany to the estate, use and interest thus valued as fully
as if it had been conveyed by the owner or owners of
the same, and the valuation if not received when ten-
dered, may at any time thereafter be recovered from
said company, without cost, by the said owner or own-

Proviso.

ers, his, her or their legal representatives; Provided,
that any company now or hereafter to be incorpora-