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its works; 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 399 to 404, both inclusive, of this Article.*

Condemnation of Property by Corporations.

Ibid, sec. 360. 1888, art. 23, sec. 248. 1868. ch. 471, sec. 170. 399. 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, can not 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 application may be made by any such corporation 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 issue his warrant, directed to the sheriff of said county or city, as the case may be, requiring him to summon a jury of twenty inhabitants of said county or city, as the case may be, not related to said owner, or in anywise interested in said land, and not stockholders in said corporation, to meet on the land or near the other property or materials to be valued and condemned, on a day named in said warrant, not less than ten, nor more than twenty days after issuing the same.†

Baltimore County Water & Elec. Co. vs. County Commissioners, 105 Md. 154. See Article 33A on Eminent Domain, and also Article 23, sub-title "Public Service Commission."

Balto. Belt Ry. vs. Baltzell, 75 Md. 94; Moores vs. Belair Water Co., 79 Md. 391; N. Y. Mining Co. vs. Midland Mining Co., 99 Md. 506; Ansperger vs. Crawford, 101 Md. 247; Textor vs. B. & O., 107 Md. 221; Dolfield vs. West, Md. Ry., 107 Md. 584, and Webster vs. Susquehanna Pole Line Co., 112 M.. 416. See Article 33A on Eminent Domain.

1904, art. 23, sec. 361. 1888, art. 23, sec. 249. 1868, ch. 471, sec. 171. 400. If at said time and place any jurors summoned do not attend, the sheriff shall immediately summon as many jurors as may be necessary, with the jurors in attendance, to make twenty jurors, and from them each party, or its, his, her or their agent or if either party be not present in person or by agent, the sheriff for him, her, it or them may strike off four jurors, and from those remaining on the list the sheriff shall select twelve to act as the jury of inquest of damages.

Ibid, sec. 362. 1888, art. 23, sec. 250. 1868, ch. 471, sec. 172.

401. The sheriff shall, before they proceed to act as such, administer to each of said jury an oath that he will justly and impartially value the damages which the owner will sustain by reason of the occupation of the said land or materials required by the occupation, and find whether or not the condemnation of such land or material is necessary and proper for the use of such corporation, for the due exercise and enjoyment of its corporate privileges.

Ibid, sec. 363. 1888, art. 23, sec. 251. 1868, ch. 471, sec. 173. 402. The jury shall reduce their inquisition to writing, and shall sign and seal the same, and it shall then be returned by the said sheriff to the clerk of the circuit court for his county, or the clerk of the Superior Court of Baltimore City, as the case may be; and if no sufficient cause to the contrary be shown, the said inquisition shall thereupon be confirmed by the said Court, at such time and after such notice as shall be fixed by its rules; and when confirmed, shall be recorded by said clerk at the expense of said corporation; but if set aside, or if the jury shall fail to agree, the said Court may direct another inquisition to be taken in the manner above prescribed; and like proceedings may be had until an inquisition in reference to said condemnation shall be confirmed.

1904, art. 23, sec. 364. 1888, art. 23, sec. 252. 1868, ch. 471, sec. 174. 403. Every such inquisition shall describe the property taken, or the bounds of the land condemned, and the quantity or duration of interest in the same valued for the corporation; and such valuation, when paid or tendered to the owner of said

property, or his legal representative, after confirmation thereof, or when the same shall be paid into Court, under such regula tions as the Court by which the said inquisition shall have been confirmed shall prescribe, shall entitle the said company to the estate and interest in the same thus valued, as fully as if it had been conveyed by the owner of the same; and the valuation, if not received when tendered, may at any time thereafter be received from said corporation without costs by the said owner or his legal representatives; and all fees or per diem to which any sheriff, clerk, juror or other officer shall be entitled for any service required of him under the aforesaid proceedings for condemnation shall be paid by the corporation causing the same to be instituted.

Ibid, sec. 365. 1888, art. 23, sec. 253. 1868, ch. 471, sec. 175.

404. Nothing herein contained shall authorize any incorparated company to take or use property without just compensation, as agreed upon with the owner, or awarded by a jury, having been first paid or tendered to the parties entitled thereto, or paid into a Court, after inquisition confirmed, as provided for in the preceding section; and nothing herein contained shall authorize the location of any public road on private property without consent of the owners or the decision of the County Commissioners, upon due hearing as now prescribed by law for opening or altering public roads.

1904, art. 23, sec. 366. 1888, art. 23, sec. 254. 1886, ch. 161.
1908, ch. 240, sec. 366. 1910, ch. 55, sec. 366.

405. Any of the corporations formed under class thirteen, Section 28 of this Article, as codified by the Code of 1904, shall have the power which is conferred upon telegraph companies incorporated under this Article by Section 359, and may construct and lay any part of its line or lines underground or any route for which it is authorized to construct such lines in whole or in part, above ground, and such corporation may acquire by condemnation any property or right whatsoever necessary for its purposes in its discretion, either in fee simple or the use thereof in fee simple, or for a less estate, either in the manner set forth in Sections 269 and 270, or Sections 399 and 404 of this Article; provided, however, that all corporations incor

porated, or to be incorporated by virtue of said Section 28, class thirteen, and all corporations heretofore or hereafter incorporated under the provisions of the Corporation Law of 1908, shall obtain the assent and approval of the Mayor and City Council of Baltimore City, before using the streets or highways of Baltimore City, either the surface or the ground beneath the same. The provisions of this proviso, however, not to apply to such corporations as are now in practical operation and have laid or constructed their lines, pipes, mains or other structures, or any part thereof in the City of Baltimore, except as to the use and occupancy by them of new and additional streets and highways in the City of Baltimore by their lines, pipes, mains or other structures.

Police.

1904, art. 23, sec. 402. 1888, art. 23, sec. 288. 1880, ch. 460, sec. 221. 1906, ch. 769.

406. Corporations owning or using any railroad, steamboat, canal, furnace, colliery or rolling mill in this State, may jointly or severally apply to the Governor to commission such persons as the said corporation or corporations may designate to act as policemen for the protection of the property of said corporation or corporations, and for the preservation of peace and good order on their respective premises, railroad trains or steamboats, providing that such policemen must be citizens of the State of Maryland.*

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Ibid, sec. 403. 1888, art. 23, sec. 289. 1880, ch. 460, sec. 222. 407. The Governor, upon such application, may, if he thinks it proper so to do, appoint such persons, or so many of them as he may deem proper, to be such policemen; and shall issue to each person so appointed a commission, and shall transmit such commission to such clerk's office in the State as may, by such corporation or corporations, be designated, and he may revoke and annul any such appointments at his pleasure.

* B. & O. vs. Deck, 102 Md. 669; Tolchester Co. vs. Scharnagel, 105 Md. 199: B., C. & A. Ry. vs. Ennalls, 105 Md. 75; B. & O. R. R. vs. Strube, 111 Md. 119; B., P. & W. R. R. vs. Stumpo, 112 Md. 571.

Ibid, sec. 404. 1888, art. 23, sec. 290. 1880, ch. 460, sec. 223. 408. Every policeman so appointed shall, before entering upon the duties of his office, take and subscribe before a justice of the peace of the county or city in which his commission may be received, the oath or affirmation prescribed by the fourth section of the first Article of the constitution, which oath or affirmation shall be recorded in the clerk's office of such county or city; and every such policeman so appointed, after the recording of the oath or affirmation to be by him taken as aforesaid, shall possess and exercise in the counties and cities in which the railroads, canals, collieries, furnaces, rolling-mills and premises of the corporation for which he may have been appointed are respectively situated, all the authority and powers held and exercised by constables at common law and under the statutes of this State, and also all the authority and powers conferred by law on policemen in the City of Baltimore.

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1904, art. 23, sec. 405. 1888, art. 23, sec. 291. 1880, ch, 400, sec. 224.

409. Every such policeman shall, when on duty, except when on detective duty, wear a metallic shield with the word "police" inscribed thereon, and said shield shall always be worn in plain view, except when he is employed as a detective.

Ibid, sec. 406. 1888, art. 23, sec. 292. 1880, ch. 460, sec. 225.

410. The compensation of every such policeman shall be paid by the party or parties upon whose recommendation he was appointed, and neither the State nor any county therein shall be responsible for any part of such compensation.

Ibid, sec. 407. 1888, art. 23, sec. 293. 1880, ch. 460, sec. 226. 411. Whenever the services of any policeman so appointed as aforesaid shall no longer be required, a notice in writing to that effect shall be given by the corporation or corporations at whose instance he was appointed, and such notice shall be filed in the clerk's office where the commission and oath or affirma tion of such policeman shall have been recorded, which notice shall be noted by such clerk upon the margin of the record where such commission and oath or affirmation are recorded, and thereupon the power of such policeman shall cease and be determined.

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