EMINENT DOMAIN. 1365

the property so condemned. The title so acquired in any condemnation pro-
ceeding under this article, shall be an absolute or fee simple title, and shall
include and be all the right, title and interest of each and all the parties
to the proceedings, whose property has been so condemned, unless otherwise
specified in the judgment of condemnation.

There is nothing in art. 33A which prohibits the city of Baltimore from condemning
property subject to a reservation of a right of way in place of existing roadway.
Brack v. Baltimore, 128 Md. 430.

An. Code, sec. 13. 1912, ch. 117. 1914, ch. 463, sec. 14.

14. Every appeal from any judgment in said proceedings to the Court
of Appeals of Maryland under this article, shall stand for hearing at the
next term after the record is received by the Clerk of the Court 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 hearing 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 peti-
tioner, together with the other costs of the case.

An. Code, sec. 14. 1912, ch. 117. 1914, ch. 463, sec. 15.

15. The State, and any municipal or other corporation, commission,
board, body or person, which under the laws of this State, has the right to ac-
quire property by condemnation, shall acquire such property, if con-
demnation proceedings be resorted to, in pursuance of, and under the
provisions of this Article, anything in any other Public General Law or
Public Local Law or private or special statute to the contrary notwithstand-
ing; provided, however, that nothing in this Article contained shall apply
to or change the present law or procedure for the opening, closing, widen-
ing or straightening of highways.

City of Baltimore held to be entitled to condemn land for a parkway or boulevard,
which is a street or highway, under sec. 825 of the charter; this section not limited
in its meaning, as contended. Bouis v. Baltimore, 138 Md. 292.

No reference is made in this article to public service commission act. This sec-
tion and secs. 1, 2 and 3, referred to in construing art. 23, sec. 243, and the public
service commission law, particularly sec. 379—see notes to secs. 346 and 379. City &
Sub. E. R. Co. v. W., W. & G. R. R. Co., 122 Md. 656.
See notes to art. 91, sec. 28.

An. Code, sec. 15. 1912, ch. 117. 1914, ch. 463, sec. 16.

16. 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.

An. Code, sec. 16. 1912, ch. 117. 1914, ch. 463, sec. 17.

17. In case any defendant shall appeal within the time aforesaid to the
Court of Appeals, from any final judgment in said lower Court, condemn-