The citizen. (Frederick City, Md.) 1895-1923, 1912-05-10
PUBLIC GENERAL LAWS.

| heard, tried and determined in
court before jury, unless a jury
trial is waived, or by the court if a jury
trial is waived; in the same manner
and governed by the same rules of law
as to the admission of evidence and
| instructions to the jury as now apply
| to the trial OF appeals In cases grow
ing out of the opening of highways.
| Upon the request of any party or
any juror the court shall send the
jury to view the premises in the
| same manner as is now done in
| actions at law by consent. The court
shall have the same power as in
| ordinary cases at law, to strike out
| the verdict of the jury and grant a
| new trial. III no exception be filed
to the award of the appraisers, the
| same shall stand confirmed at the
| end of ten days after the filing of
same. After the confirmation of all
the awards of the appraisers, to
which there are no exceptions, after
the rendition of the judgment of the
court upon the exceptions thereto, If
said exceptions are tried before the
court, or after the judgment, of the
court upon the verdicts of the jury,
il said exceptions are tried before
the jury, the petitioner shall pay to
the owner or owners of the property
| condemned, the amount SO awarded
to them respectively; or, in case any
owner refuses to receive the amount
awarded to him, or is out of the
jurisdiction of the court, the petit
toner may pay the same into court
into the hands of the clerk thereof
for the use of such owner, and upon
such payment being made, the petit
toner shall become vested with the
title to the property so condemned,
or the interest of the defendants
therein; subject, however, to the
right of appeal from said judgment
by any party interested in said prop
erty hereinafter provided for. The
title acquired in any condemnation
proceeding under this act shall be
absolute, or fee simple, or all the
right, title and interest of all the
parties to the proceedings, unless
otherwise specified in the judgment
of condemnation.
6. From any judgment that the
property be condemned, or Diminishing
the petition, an appeal may be taken
to the Court of Appeals within ten
days after the entry of said judg-
ment, but not afterward, and the
record shall be sent up to the Court
of Appeals within thirty days after
the entry of the appeal.
Every appeal from any judgment
in proceedings under this act shall
stand for hearing at the next term
after the record is received by the
| clerk of the Court of Appeals, if the
court be not sitting, or at the pend
ing term If the court be in session,
and the Court of Appeals may adj
vance any such appeal as to the
court may seem proper, If the final
decision be that the petitioner Is
not entitled to condemn the property
a reasonable counsel fee, to be fixed
by the court, shall be awarded to
counsel for the defendant and taxed
! against the petitioner, together with
| the other costs of the case.
7. The State, and any municipal
or other corporation, commission,
board, body or person, which under
the laws of this State, has the right
to acquire property by condemnation,
shall acquire such property, If con-
demnation proceedings be resorted
to, in pursuance of, and under the
provisions of, this article, anything
in any other Public General Law or
Public Local Law or private or
special statute to the contrary not
withstanding; provided, however,
that nothing in this article contained
shall apply to or change the present
law or procedure for the opening,
closing, widening or Strengthening of
highways.
s. In any proceedings under this
article, the petitioner shall pay all
the costs in the lower Court to be
taxed as in ordinary actions at law,
and also the cost of the compensa-
ton to the appraisers to be fixed by
the court, and also the usual per
diem to the jurors, in the case of a
jury trial, which shall be taxed
among the costs of the case to be
paid by the petitioner. The costs in
the Court of Appeals, in any appeal
from any proceedings under this
article, shall be paid as directed by
said court, in the same manner as
costs in appeals from ordinary
actions at law.
Section 2. And be it further en-
acted, That this act shall take effect
from the date of it's passage.
Approved April 8, 1912.
PHILLIPS LEE GoLDSBOROUGH,
Governor.
JESSE d. PRICE,
President of Senate.
JAMES Nice. Triple,
Speaker of House of Delegates.