county, who shall thereupon issue his warrant, under his hand and seal, to the sheriff of the county, requiring him to summon a jury of twenty of the inhabitants of said county above the age of twenty-one years, and qualified to act as jurors under the laws of this State, not related to the parties, nor in anywise interested, to meet on the lands or near the materials or other property wanted on a day named in said warrant, not less than ten nor more than twenty days after issuing the same; and if at said time and place any of the said jurors summoned do not attend, the sheriff shall immediately summon as many persons similarly qualified as together with those in attendance shall make up twenty, and from the panel, each party, his, her, its or their agent or attorney, or if either party be not present in person or by agent, or being present in person or agent refuse to strike, the sheriff, for him, her, it or them, may strike off four persons, and the remaining twelve shall act as the jury of the inquest of damages; and to each, before he acts as such juror, the sheriff shall administer an oath or affirmation that he will justly and impartially value the damages which the owner or owners will sustain by the use and occupation of the property required by the said company, and the said jury shall reduce their inquisition to writing and sign and seal the same; and it shall then be returned by the sheriff to the clerk of the Circuit Court for his county, and be filed by said clerk in his office, and shall be confirmed by said court any time after the expiration of thirty days from the date of such filing, if no sufficient cause to the contrary be shown, and when confirmed shall be recorded by said clerk at the expense of the company; but if the same be set aside the said court shall direct another inquisition to be taken, in the manner above described; and in case the second or any other inquisition which is confirmed by the court shall not award to the land owner a larger amount of damages than was awarded by the first inquisition, the court may, in its discretion, order the costs of said second or other inquisition to be paid by the owner or owners of said land or materials condemned; and the inquisition shall, in all cases, describe the property taken or the bounds of the land condemned, and the quality or duration of the interest in the same, valued for the

company, and such valuation, when paid or tendered to the owner or owners of the property, his, her or their legal representatives, shall entitle the said company to the estate and interest in the same thus valued as if it had been legally conveved by the owner or owners of the same; and the valuation, if not received when tendered, may at any time thereafter be received without costs from said company by the owner or owners, his, her or their legal representatives; and the sheriff shall keep the said jury together for a reasonable time, until they shall agree upon and sign and seal the said inquisition; and in case it shall so happen that the jury can not agree after being kept together as aforesaid, the sheriff may, in his discretion, discharge the said jury, and without any further warrant from a justice of the peace shall, within five days thereafter, summon another jury of twenty inhabitants, as aforesaid, not upon the former jury; and the same proceedings shall be had in all respects as is herein before provided; and in case of a second or other disagreement of the jury the same proceedings shall be had until a verdict or inquisition shall be made and returned as aforesaid.

Balto. Belt. R. R. Co. v. Balzell, 75 Md. 98, 103 and 106. Turnpike Road v. R. R. Co., 87 Md. 257. Lake Roland Co. v. Webster, 81 Md. 536.

1892, ch. 657, sec. 167A.

252. The notice of the time and place of the meeting of the jury of inquisition, given by the company to the owner or owners, shall be served by delivering a copy of the same to every such owner, if such owner can be found within this State; and in case the owner be an infant or non compos mentis, in addition to the service on such owner, a copy of the notice shall be left with the parent or guardian of the infant, if there be one within this State, and with the committee or other person having the care of the person or estate of the person alleged to be non compos mentis, if any such committee or other person be found within this State. In case any owner or person on whom such notice is above required to be served, be not found within this State, then such notice may be served either by delivering a copy thereof to such owner, or person to be served wherever found, or by the publication of the same at

least once a week for two successive weeks in some newspaper published in the county where the lands or property sought to be condemned may be, or if such lands or property lie within the city of Baltimore, by publication of such notice at least twice a week for two successive weeks in some daily newspaper published therein. Any court to which the inquisition of the jury may be returned, for confirmation, may, in its discretion, by order, either require the legal guardian or the committee of the infant, or non-sane owner (if there be such guardian or committee within the jurisdiction of the court) to appear, show cause against such confirmation or otherwise protect the interests of such infant or non-sane owner, or appoint a guardian ad litem to represent such infant or non-sane owner, and protect the interests of such owner.

1890, ch. 220, sec. 167A.

253. Whenever upon an unfinished railroad a right of way or location on any part thereof remains for ten or more years unused for railroad purposes, the same shall be held to be abandoned and shall be held liable to be used and appropriated by any other railroad company upon purchase or condemnation in the manner provided in this article.

1888, art. 23, sec. 168. 1876, ch. 242, sec. 12.

254. Whenever any railroad company, heretofore incorporated, or which may hereafter be incorporated, shall find 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 herafter to be made, such railroad company shall be, and is hereby authorized to make such changes of grade and location, not departing from the general route prescribed in the certificate of such company; and for the purpose of making any such change in the location and grades of any such road as aforesaid, such company shall have all the rights, powers and privileges to enter upon, and take, and appropriate such lands, and make surveys necessary to effect such changes and grades, upon the same terms,

and be subject to the same obligations, rules and regulations as are prescribed by law, and shall also be liable in damages, when any have been caused by such change, to the owner or owners of the lands upon which said road was heretofore constructed, to be ascertained and paid, or deposited as aforesaid; but no damages shall be allowed unless claimed within thirty days after actual notice of such intended change shall be given to such owner or owners, if residing on the premises, or sixty days' notice by publication in some newspaper in general circulation in the county, if non-resident; provided, that when any condemnation shall have been made and confirmed, under this section, or under Sections 251 and 252, the said condemnation shall be finally binding upon the company, unless within thirty days they elect to abandon said location.

1888, art. 23, sec. 169. 1876, ch. 242, sec. 13.

255. If it shall be 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 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 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 251 and 252; 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.

Hodges v. Mayor, etc., 58 Md. 620. O'Brien v. Beit R. R., 74 Md. 364. Lake Roland Co. v. Webster, 81 Md. 536. McColgan v. Belt R. R. Co., 86 Md. 326.

Ibid. sec. 169A.

256. Sections 251, 254 and 255 shall apply to all roads operated by electricity, cable or other improved motive power, and whether incorporated under the provisions of this article. or by a special act, and whether the property proposed to be condemned is situated in one of the counties of this State, or in the belt or annexed portions of Baltimore city, where streets and alleys have not been opened and occupied as city streets. O'Brien v. Balto. Belt R. R. Co., 74 Md. 377. McColgan v. Balto. Belt R. R. Co., 86 Md. 326.

Ibid. sec. 170. 1876, ch. 242, sec. 14.

257. Such corporation may demand and receive for the transportation of passengers on said road not exceeding three cents per mile, and for the transportation of property on said road, other than coals, ores or other minerals, not exceeding five cents per ton per mile, but such corporation shall not demand or receive, for the transportation of coals, ores or other minerals, a rate exceeding one and a half cents per ton per mile.

1888, art. 23, sec. 171. 1876, ch. 242, sec. 15.

258. Such company shall have power to borrow money on the credit of the corporation, not exceeding its authorized capital stock, at a rate of interest to be agreed upon by the respective parties, and may execute bonds or promissory notes therefor, in sums of not less than one hundred dollars, and to secure the payment thereof, may pledge the property and income of such company.

Ibid. sec. 172. 1876, ch. 242, sec. 16.

259. Such company may acquire by purchase or gift, any lands in the vicinity of said road or through which the same may pass, so far as may be deemed convenient or necessary by