238 LAWS OF MARYLAND. [Ch. 117]

to be specially fixed by the Court; and in case any question of
fact is involved in the determination of that question, either
party shall be entitled to a jury trial, upon so electing, and
either party may take testimony in open Court, at suoh hear-
ing, in the manner usual in law cases tried before a jury or
before the Court without a jury; and the same procedure shall
govern as to the conduct of such hearing and reserving excep-
tions as in ordinary law cases.

If any defendant is under legal disability the Court shall
either authorize his duly constituted guardian or committee to
appear and defend for him, or shall appoint some suitable per-
son as guardian ad litem to appear and defend for such defend-
ant. The Court shall have the same power to permit amend-
ments as in other actions at law. If the Court shall decide at
such hearing that the petitioner is entitled to have the said
property condemned, the Court shall enter judgment that said
property, or the interest of the party so answering therein, be
condemned. If the Court shall decide at such hearing that the
property or the interest of such defendant therein, is not liable
to condemnation, the Court shall give judgment that the peti-
tion be dismissed as a whole, or as to the interest of such defend-
ant, as the case may be.

5. Immediately upon the expiration of the time for appeal
from any judgment that the property be condemned, or in case
of such appeal upon such judgment being affirmed and remanded
the lower Court shall appoint as appraisers three inhabitants of
the city or county where such property is situated, not in any
wise interested in the property to be condemned, nor related to
the owner or owners thereof, each of whom shall, before acting,
make oath before the clerk of said court, or before any officer
duly authorized to take affidavits, that he will justly and impar-
tially value the property described in the aforesaid petition,
and the interests of the several owners thereof, and as soon
as conveniently may be the said appraisers shall assess the
value of the property, or the interest or estate therein sought
to be condemned, and apportion the same among the various
owners thereof, according to the values of their respective inter-
ests, 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 a week for one week in two of the
daily papers published in Baltimore City, or, where said prop-
erty is situated in a 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 intesest therein may