The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1912-05-25

court SNAIL give Judgment that the pa-
tition be dismissed 80 q whole, or 3
to the interest Of such defendant, q
the case may be.
5. Immediately upon the expiration
OF the time for appeal from any 1udg-
ment that The property be condemned,
or IN case OF such appeal upon such
judgment being affirmed and remand
ed, the lower court shall appoint az
appraisers three inhabitants of the
city or county where such property
Is situated, not In anywise interested
In the property to be condemned, nor
related to the owner or owners there
Of, each OF whom shall, before acting,
make oath before the clerk Of said
court, or before any officer duly arl-
thorized to take affidavits, that he will
justly and impartiaMy value the pro-
perty described In the aforesaid petit
ton, and the interest Of the several
owners thereof, and as soon as con-
veniently may be the said appraisers
shall assess the value of the property,
or the interest or estate therein
sought to be condemned, and appor-
ton the same among the various
owners thereof, according to the val
ues OF their respective interests, and
return to the said court their award
Of the value of the said property and
of the respective interests OF the
several owners thereof under their
hands and seals, and shall give notice
by advertisement twice . week for
one week in two OF the daily papers
published in Baltimore City, or, where
said property is situated in county,
by advertisement for one week in one
paper published in said county, that
such award has been returned, and
that all persons having an interest
therein may show cause, II any they
have, why the same should not be con.
firned during the ten days succeed
ing the filing of the said award: and
If the appraisers appointed as here
inbefore provided should be unable to
agree upon an award, they shall SO
report to the said court, and new
appraisers shall be appointed, woo
shall proceed as above described; and
new appraisers may in like manner
be appointed from time to time, until
an award shall be agreed upon; the
said award shall lie in court ten days
subject to exception, and either the
petitioner or defendant or any owner
OF reputed owner of any interest in
the property sought to be condemned
whether he shall have previously ap-
peared to the said petition, or shall
have been made party thereto or
not, shall have the right to file excep-
tons to said award; upon such ex-
ceptions being filed, the court shall,
as soon thereafter as conveniently
may be, have the same heard, tried
and determined in court before a jury,
unless jury trial Is waived, or by the
court If 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 growing out of the opening of
highways. Upon the request OF any par
ty or any juror the court shall send the
jury to view the premises in the sane
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. II no ex-
ception be filed to the award of the
appraisers, the same shall stand con-
firned at the end of ten days after
the filing of same. After the confirma-
ton of all the awards of the apprais-
ers, to which there are no exceptions
after the rendition of the judgment
of the court upon the verdicts of the
jury, If said exceptions are tried be-
fore the jury, the petitioner shall
pay the owner or owners of the prop
erty condemned, the amount so award
ed 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 petitioner
shall become vested with the title to
the property so condemned. or the in
terest of the defendants therein; sub
ject, however, to the right of appeal
from said judgment by any party in
terested in said property hereinafter
provided for. The title acquired in
any condemnation proceeding under
this act shall be absolute, or fee SIM
pie, or all the right, title and interest
OF all the parties to the proceedings,
unless otherwise specified in the judg-
ment condemnation.
6. From any judgment that the
property be condemned, or disnissing
the petition, an appeal may be taken
to the Court of Appeals within ten
days after the entry of said judgment,
but not aftorward, and the record
shall be sent up to the Court of Ap-
peals within thirty days after the en-
try of the annea1
Every appeal from judgment in
proceedings under this act shall stand
for hearing at the next term after
he record is received by the clerk OF
the Court of Appeals, II the court be
not sitting, or at the pending tern If
the court be in session, and the Cour.
of Appeals may advance any such ap-
peal as to the court may seem pro-
proper. If the final decision be that
the petitioner is not entitled to con-
denim the property a reasonable
counsel fee, to be fixed by the court,
shall be awarded to counsel for the
defendant and taxed against the petit
toner, together with the other costs
of the case.
Z. The State, and any municipal
A..