602 EMINENT DOMAIN. [ART. 33A

petitioner, by taking possession and using the property of such defend-
ant or defendants before the final determination of his or their appeal,
which bond shall be executed by the petitioner, together with a surety or
sureties approved by said Court, or the Clerk thereof, and upon said
payment into Court, and the filing of such bond, the petitioner may
at once, without waiting for the determination of said appeal, take
possession of such property or estate or interest therein, of such defend-
ant or defendants so appealing from said judgment. If said judgment
shall be affirmed by the Court of Appeals, said bond shall thereby be
discharged, and title to said property shall then vest in the petitioner
as aforesaid, but if said judgment shall be reversed by the Court of:
Appeals, then said petitioner shall at once abandon and surrender pos-
session of said property or estate of such defendant or defendants, and
said bond shall thereupon be liable to such defendant or defendants
prevailing upon such appeal, for all damages as aforesaid which have-
been occasioned to such defendants by the petitioner, in taking posses-
sion and using the said property, before the final determination of said!
appeal.

1912, ch. 117. 1914, ch. 463, sec. 18.

17. In the event that Section. 16 should be declared void for any
reason by any Court of last resort, such invalidity of Section 16, if so
declared, shall not affect the validity or effect of any of the other Sec-
tions, of this Article, it hereby being declared to be the intention of the
Legislature that, even if Section 16 be declared void, the remainder
of the Article shall stand, and to have the same effect as if said Section.
16 had never been enacted therewith.