J. MILLARD TAWES, Governor 123

to occupy any road, street, alley or public way, or ground of any kind,
or any part thereof, it shall be competent for the municipal or other
corporation, or public officer, or public authorities, owning or having
charge thereof, and the railroad company to agree upon the manner
and upon the terms and conditions upon which the same may be used
or occupied; and if said parties shall be unable to agree thereon,
and it shall be necessary, in the judgment of the directors of such
railroad company, to use or occupy such road, street, alley or other
public way or ground, such company may [appropriate] condemn so
much of the same as may be necessary for the purposes of such road
[, in the same manner and upon the same terms as provided for the
appropriation of the property of individuals by Sections 193 and
194] in accordance with the provisions of Article S3 A of the An-
notated Code of Maryland, title "Eminent Domain"; provided, that
every railroad company laying down any such track or tracks upon
any such public street, road, alley or other public ground, shall be
responsible for injuries done to private property by such location,
lying upon or near to such public ground, which may be recovered
by civil action brought by the owner or owners at any time within
two years from the completion of such track or tracks, before the
proper court; and provided further, that no railroad company shall
be allowed to pass through the City of Baltimore without the consent
of the municipal authorities.

333.

If any corporation formed for the purposes mentioned in Section
332 of this article cannot agree with the owner or owners of any
land or water rights which such corporation may have power to
acquire for the purpose of laying pipes or constructing its work;
or if such owner or owners or any of them, be a feme covert without
power to contract in relation to said property, or under age, or non
compos mentis, or under any other legal disability, or be absent
from the county or city in which the said property may lie when
the said land or water rights may be needed, the corporation may
proceed to condemn and acquire the same in the manner provided for
in [Sections 334 to 339, both inclusive, of this article] Article SS A
of the Annotated Code of Maryland, title "Eminent Domain".

334.

If any corporation incorporated under the laws of this State which
shall be authorized to acquire by condemnation any land, earth or
stone, or any interest therein, cannot agree with the owner or owners
thereof, or if any of such owners be a feme sole, and without power
to contract in that regard, under age, non compos mentis, or under
any other legal disability to contract, or be out of the county in which
the property wanted may lie at the time the same is wanted, then in
all such cases the corporation may proceed to condemn under the
provisions of Article 33A of the Annotated Code of Maryland, title
"Eminent Domain", [application may be made by any such corpora-
tion to any judge of the circuit court for the county in which said
land or other materials may lie, or to any judge of the Supreme Bench
of Baltimore City, if the said land or materials lie in the City of
Baltimore; and thereupon, the said judge, upon its being made to
appear satisfactorily to him that said land or materials are necessary
and proper to be condemned for the use of such corporation, shall