1040                                      LAWS OF MARYLAND                                Ch. 470

196.

Whenever any railroad company[, heretofore incorporated, or which may
hereafter be incorporated, shall find] FINDS it necessary for the purpose of
avoiding annoyance to public travel, or dangerous, or difficult curves or grades, or
unsafe, or unsubstantial grounds or foundations, or for other reasonable causes, to
change the location or grade of any portion of its road [, whether heretofore made,
or hereafter to be made, such] THE railroad company [shall be, and is hereby
authorized to] MAY make [such] THE changes of grade and location, not
departing from the general route prescribed in the certificate of [such] THE
company; and for the purpose of making [any] such A change in the location and
grades of any [such] road las aforesaid, such] THE company [shall have] HAS
all the rights, powers and privileges to enter upon, and take, and appropriate
[such] THE lands, and make surveys necessary to effect [such] THE changes and
grades as provided for in [Article 33A of the Annotated] TITLE 12 OF
ARTICLE 21 OF THIS Code [of Maryland, title "Eminent Domain"] and
[shall] IS also [be] liable in damages, when any have been caused by [such] THE
change, to the owner or owners of the lands upon which [said] THE road was
heretofore constructed to be ascertained and paid, or deposited as aforesaid; but no
damages [shall] MAY be allowed unless claimed within thirty days after actual
notice of [such] THE intended change [shall be] HAS BEEN given to [such]
THE owner or owners, if residing on the premises, or sixty days' notice by
publication in some newspaper in general circulation in the county, if nonresident;
provided, that when any condemnation [shall have] HAS been made under this
section, the [said] condemnation [shall be] IS finally binding upon the company,
unless within thirty days [they] IT [elect] ELECTS to abandon [said] THE
location.

199.

If it [shall be] IS necessary, in the location of any part of any railroad, to
occupy any road, street, alley or public way, or ground of any kind, or any part
thereof, it [shall be] IS 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] THE parties [shall
be] ARE unable to agree thereon, and it [shall be] IS necessary, in the judgment
of the directors of [such] THE railroad company, to use or occupy [such] THE
road, street, alley or other public way or ground, [such] THE company may
condemn so much of the same as may be necessary for the purposes of [such]
THE road in accordance with the provisions of [Article 33A of the Annotated]
TITLE 12 OF ARTICLE 21 OF THIS 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] IS responsible for injuries done to private property by [such] THAT location,
lying upon or near to [such] THE 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] THE 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 § 332 of this article
cannot agree with the owner or owners of any land or water rights which [such]
THE corporation [may have] HAS power to acquire for the purpose of laying
pipes or constructing its work; or if [such] THE owner or owners or any of them,
[be a feme covert without power to contract in relation to said property,] or IS