ART. 33A] EMINENT DOMAIN. 601

of Appeals, if that Court be not sitting, or at the pending term if the
Court is then in session, and the Court of Appeals may advance the
bearing of such appeal in its discretion, and 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 othef costs

of the case.

1912, ch. 117. 1914, ch. 463, sec. 15.

14. The State, and any municipal or other corporation, commis-
sion, board, body or person, which under the laws of this State, has
the right to acquire property by condemnation, shall acquire such prop-
erty, if condemnation proceedings be resorted to, in pursuance of, and
under the provisions of this Article, anything in any other Public Gen-
eral Law or Public Local Law or private or special statute to the con-
trary notwithstanding; provided, however, that nothing in this Article
contained shall apply to or change the present law or procedure for
the opening, closing, widening or straightening of highways.

1912, ch. 117. 1914, ch. 463, sec. 16.

15. In any proceeding 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 usual per diem to the jurors in the trial of the case which
shall be taxed along with the other costs in the case. The costs in the
Court of Appeals in any appeal from any proceeding under this Article
shall be paid as directed by said Court in the same manner as costs in
appeals from ordinary actions at law.

1912, ch. 117. 1914, ch. 463, sec. 17.

16. In case any defendant shall appeal within the time aforesaid
to the Court of Appeals, from any final judgment in said lower Court,
condemning his property and awarding him damages and costs as afore-
said, the petitioner, if he or it so desires, may at any time after the
entry of said appeal tender to such defendant or defendants appealing,
the amount of the compensation, damages and costs so awarded by
said jury and the judgment of said Court, and if any such defendant
or defendants shall refuse to accept such tender of said judgment and
costs, then such petitioner may pay the same into said Court into the
hands of the Clerk thereof for the use of such defendant or defendants
so appealing, and to be thereafter paid over by such clerk to said
defendant or defendants at any time such defendants will accept and
receive the same, and upon such tender and refusal, the petitioner may
at. the time of such payment into Court, file with the said Clerk a bond
to the State of Maryland in such penalty as said Court may prescribe,
conditioned that in case said judgment shall be reversed, the petitioner
shall well and truly pay and satisfy such defendant or defendants so
appealing, all damages which may be caused such defendants by the