BALTIMORE CITY. 1285

property the amount of such appraisement and give bond, with penalty
to be fixed by the Court and security to be approved by the Court, to pay
any additional amount which may be awarded by a jury in said case,
and, thereupon, at any time after thirty days thereafter, the petitioner
may take possession of the property and proceed with the improvement
for which the same is sought to be condemned; and the acceptance of said
sum by the property owner shall not prejudice his contention, if he makes
such contention, that he should be allowed a larger sum, but the case shall
proceed and the jury shall fix the damages to be awarded for said prop-
erty, as if said payment had not been made, and, in the event that a larger
sum is fixed than said payment, the difference shall thereupon be paid
to the property owner and the petitioners shall pay the costs, but, if the
jury fix a less amount than the appraisement, the property owner shall
not be obliged to return any of the amount of appraisement so received,
but shall pay all costs of said proceedings, except the compensation to the
appraisers. In the event that the owner, or one of the owners, of such
property is a minor, insane, unknown, or otherwise incapable of receiving
said payment, or in case the owner or owners of such property refuse to
accept said payment, the same may be paid into Court and, upon such
payment being made and security given as aforesaid, the petitioners may
take possession forthwith of the property so sought to be condemned and
the same proceedings shall be had as if the payment were made to the
property owner. The property owner may file exceptions to the amount
awarded by the appraisers and demand a jury trial thereon at any time
before the expiration of the time for taking an appeal from the assess-
ment of benefits by the Commissioners for Opening Streets in the matter

of opening, extending, widening, straightening or closing said street. And,
in the event that a part only of a lot or of a lot and improvements is taken
under Sections 1 and 2 hereof, and benefits are assessed by the Commis-
sioners for Opening Streets against the owner of the remainder of said
lot or of said lot and improvements, and an appeal is taken from said

assessment of benefits, the said appeal shall be filed in the case in which
the said part of said lot or of said lot and improvements has been taken,
and the exceptions from the award of damages by the appraisers, if such
exceptions are filed, and the appeal from the assessment of benefits shall
be tried together.

1914, ch. 150, sec. 3.

829C. That, upon any appeal being taken to the Baltimore City Court
from any action of the Commissioners for Opening Streets, in fixing the
damages to be awarded for any property proposed to be taken for a public
highway, or part thereof, the said Court, upon application of the Mayor
and City Council of Baltimore, may appoint three disinterested appraisers
to appraise the damages to be awarded to the owner of said property; said
appraisers shall return their appraisement withiu ten days, and, upon
payment of the amount of such appraisement and giving security as here-
inabove provided in Section 829B, the Mayor and City Council of Balti-