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May construct
a branch or
lateral road.
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SEC. 2. And be it enacted, That the South Bal-
timore company be and it is hereby authorised to
make and construct a branch, or lateral railroad from
its properly, to connect with the Baltimore and Ohio
Railroad in Baltimore City, or Baltimore county, or
in both; and for that purpose, and for the purpose of
making the causeway authorised by the first section
of this act, it shall have full power to take and con-
demn any property necessary for the construction of
said causeway and lateral railroad in the manner
hereinafter provided.
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Manner of pro-
ceeding in case
of a condem-
nation.
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SEC. 3. And be it enacted, That the South Balti-
more Company aforesaid, or any person or persons
authorised by it, may contract and agree with the
owner or owners thereof, for the purchase or use and
occupation of any land, materials or improvements,
which may be requisite for the construction or repair
of said causeway, or lateral roads, or of any works
connected therewith; and in case said company and
such owner or owners cannot agree, or if such own-
er or owners, or any of them, be feme covert, un-
der age, non compos mentis, or out of the city or
county in which the land, materials or improve-
ments aforesaid may lie, when the same may be
wanted, application may be made to any Justice of
the Peace of such city or county, who shall thereup-
on issue his warrant, under his hand and seal, to
the sheriff of said city or county, requiring him to
summon a jury of twenty inhabitants of said city or
county, not in anywise interested, to meet on the
property, or near to the property or materials as be-
fore described to be valued, upon a day named in said
warrant, not less than ten, nor more than twenty
days after issuing the same; and if at the said time
and place, any of said jurors summoned do not at-
tend, the said sheriff shall immediately summon as
many jurors as may be necessary, with the jurors in
attendance, to furnish a panel of twenty jurors in
attendance, and from them each party, or its, his,
her, or their agent, or if either be not present in
person or by agent, the sheriff for him, her or them,
may strike off four jurors, and the remaining twelve
shall act as the jury of inquest of damages; and be-
fore they act as such, the said sheriff shall administer
to each of them an oath, or affirmation, as the case
may be, that he will justly and impartially value the
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