T. WATKINS LIGON, ESQUIRE, GOVERNOR

377

necessary for the said company to enter in and upon
and occupy for the purpose of making said rail road,
any lands upon which the same may be located, it
the owner or owners of said land shall refuse to per-
mit, such entry and occupation, and the parties cannot
agree upon the compensation to he made for any injury
or supposed injury that may be done to said land by
such entry and occupation, the said commissioners on
being notified by the said company, shall go upon the
said lands and assess the damages of such owner or
owners, on oath or affirmation, fairly and impartially,
taking into consideration all the benefits to be derived
from or in consequence of the said rail road, to such
owner or owners, and the said commissioners shall cer-
tify their finding and award to both parties, whereupon
the said company on paying the damages so assessed,
shall become entitled to have, use and enjoy the said
land for the purposes by them required forever, and in
case any owner of lands necessary for the purposes of
said company shall he a minor or non-resident, or for
any cause incapable of receiving, or unwilling or neg-
lecting to receive said damages or to call on the said
company for the same, the said company may deposit
the amount of the said damages to the credit of such
owner or owners in the Easton Bank of Maryland, sub-
ject to his, her or their order, whereupon the said com-
pany shall be entitled to have, use and enjoy the said
lands and premises required for the purposes of said
company, for or on account of which damages shall have
been so assessed, and in case of the death of any such
commissioner, the judge aforesaid shall appoint another to fill every such vacancy; the expenses of the assess-
ment of damages aforesaid, shall always he paid by the

said company; Provided, that if either party shall re-
quire a trial by jury, as to the question of damages, then
the verdict of the jury, unless set aside for cause, shall
be conclusive as to the quantum of damage, and the
said court shall give judgment for such amount as the
jury may find by their verdict, in lieu and satisfaction of
the assessment aforesaid.

Proviso.

SEC. 14. And be it enacted, That if in the location
of the said rail road, it shall be found necessary to pass
over any navigable river, canal or creek, by a bridge or
other edifice, it shall be the duty of said company to
construct and keep in repair, a sufficient pass or draw
in said bridge or edifice over the channel or deepest
part of said river, canal or creek, for the purpose of let-
ting vessels pass and repass through the same, which

Duty to con-
struct draw-
bridge.