HARRY HUGHES, Governor

4421

freight, shall be paid to the owner or consignee of said
freight on demand.

318.

It may construct a line or lines of telegraph through
this State, or from or to any point or points within this
State, or upon the boundaries thereof, and along and upon
any postal roads and postal routes, roads, streets and
highways, or across any of the bridges or waters within the
limits of this State, by the erection of the necessary
fixtures, including posts, piers or abutments for sustaining
the cords or wires of such lines, without their being deemed
a public nuisance, or subject to be abated by any private
party; provided, the same shall not be so constructed as to
incommode injuriously the public use of said postal roads or
postal routes, roads, highways and bridges or injuriously
interrupt the navigation of said waters, or interfere with
the convenience of any landowner more than is unavoidable;
and this section shall not be so construed as to authorize
the construction of any bridge across any of the navigable
waters of this State; but the said corporation shall be
responsible for any damage which any person or corporation
may sustain by the erection, continuance and use of such
fixtures; and in any action brought for the recovery thereof
by the owner or possessor of any lands, the damages to be
awarded may, at the election of such corporation, include
the damages for allowing the said fixtures permanently to
continue; on payment of which damages, the right of the
corporation to continue such fixtures shall be confirmed, as
if granted by the parties to the suit; provided, that no
person or body politic shall be entitled to sue for or
recover damages as aforesaid, until the said corporation,
after due notice, shall have failed or refused to remove, in
reasonable time, the fixtures complained of; or the
president and directors of the said company may apply to a
judge of the circuit court for the county [or of the
Superior Court of Baltimore City] where such lands are, and
such judge shall thereupon issue his warrant, directed to
the sheriff of said county or city, commanding him to summon
twelve disinterested persons, qualified to serve as jurors,
to meet at the proper place, as directed by the judge; and
the sheriff shall qualify the said persons, by oath or
affirmation, faithfully to perform the duties required of
them by § 319 of this article.

320.

The sheriff shall make return of the inquisition so
found, to the clerk of the circuit court for the county, [or
the Superior Court of Baltimore City,] who shall file the
same and lay it before the said court at its next session;
and such inquisition shall be confirmed by said court,
unless good cause be shown to the contrary; and when
confirmed, shall be recorded by the clerk, at the expense of