742 JOURNAL OF PROCEEDINGS [Mar. 26,

proceeding, shall be entitled to judgment against the persons
or corporations, private or municipal, for whose use the con-
demnation may be, or may have been so made, for the
amount of the damages awarded; and in cases hereafter
to arise, unless within ninety days after condemnation rati-
fied, or other final award of damages; and in cases where
condemnations have heretofore been had, and no rights have
attached under the existing laws, unless within ninety days
from the passage or approval of this Act by the Governor,
the said condemnations shall be abandoned by written notifi-
cation to said owners, or by other appropriate proceeding;
execution may immediately thereafter issue, as in other cases
of judgments rendered in Courts of Law, unless the said
condemnation shall have been made by a municipal corpora-
tion, in which case, execution shall not issue in less than
twelve months from the date of the said judgment.

Section 2. And be it enacted, That the following addi-
tional sections be added to the said Article twenty-nine, viz :

83. The judgment mentioned in the preceding section shall
be rendered, as of course, by the Court to which said inqui-
sition or award may have been or shall be returned origi-
nally, or upon appeal, and in cases where said condemnation
or award is made by Commissioners or other persons, under
any law or ordinance, and no appeal has been or shall be
taken to a Court of Law, then the said judgment shall be
rendered by the Court having jurisdiction of appeals in such
cases, upon the filing of a certificate under the hands and
seals of said Commissioners or other officers, which certifi-
cate shall state the property condemned, the amount award-
ed to the party desiring- such certificate, the name of the per-
son in whose favor such damages are awarded, and the per-
son or corporation to whose use the condemnation is made;
and in case of refusal or neglect of such Commissioners or
other officers to give such certificates, where damages have
been or may hereafter be awarded, the said Court shall, upon
application, issue a subpoena duces tecum to such person or
persons as may have custody of the proceedings of such Com-
missioners or other officers, commanding him or them to
bring into Court all the said proceedings, and thereupon ren-
der judgment, in the same manner as if the said certificate
had been furnished and filed, and after judgment shall have
been rendered, the said official proceedings shall be remand-
ed to their proper custodian.

84. In case of the abandonment of the condemnation by
the party making the same after an assessment of damages
has been made, the owner or owners of the property embraced
in the inquisition, shall be entitled to recover against the
party who instituted the condemnation proceedings, interest
on the amount of damages awarded, subject to proper deduc-