THOMAS H. HICKS, ESQUIRE, GOVERNOR.

299

the shape of an inquisition, and sign and seal the
same, and it shall then be returned by the said
sheriff to the clerk of the Circuit Court of Balti-
more county, to be by him recorded, and either
party shall have the right to appeal from the ver-
dict 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 award-
ed, before said company shall proceed to make
use of said land, for the purpose of said road, or
to remove said materials as the case may be ;

Provided however, that said company shall have
full power to enter upon and survey the land re-
quired if necessary, as preliminary "to such con-
demnation, and the justice, sheriff, and clerk shall
he 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 dollar per day during their attendance, which
fees and allowance 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 meadow
or in grain, upon paying to the owner or owners
thereof a reasonable compensation, to be ascer-
tained as aforesaid by a jury, in case the privilege
cannot be obtained by agreement.

Proviso.

SEC. 12. And be, it enacted, That in case the
owner or owners of any of the land, through
which said road is required to pass cannot be
found or ascertained, or may be non residents of
the State, the president shall in such cases give
notice of the intention of said company to con-
demn said land and materials by advertisement in
some newspaper published in Baltimore county,
giving at least three weeks notice of such inten-
tion, and after the expiration of which notice
they may proceed in the manner prescribed in the
tenth section of this act.

In case owners
cannot be found
notice to be
given.

SEC. 13. And be it enacted, That whenever said
road shall have been completed from its northern
terminus to the northern line of the property of
Lloyd N. Rogers, and from the northern line of
the avenue of the City of Baltimore, to the south-
ern line of said Lloyd N. Rogers' property, then
and not till then, shall said road be opened

Road to be
opened.