1068 ARTICLE 26

the verdict, the judgment will be arrested upon motion. Where, however, no such
motion is made and there is an agreement of record reading "judgment only to bind
assets by agreement of counsel in open court," this amounts to a waiver of a defect
in plaintiff's prayers relative to insufficiency of assets. Gill v. Staylor, 93 Md. 473.

If the bond is in suit, the judgment is for the penalty of it, and if not, then for the
damages laid in the declaration to be released on payment of amount of verdict. Neale
v. Hermanns, 65 Md. 479.

An. Code, 1924, sec. 28. 1912, sec. 28. 1904, sec. 28. 1888, sec. 27. 1802, ch. 101, sec. 1.

27. The sum so ascertained shall be levied of the goods and chattels of
the deceased, or of the proper goods and chattels of the defendant, and
the residue of the debt or damages so ascertained shall be levied of the
goods and chattels of the deceased, which may thereafter come to the hands
of the defendant, to be administered with interest as aforesaid, or of the
proper goods and chattels of the defendant.

Cited but not construed in Gill v. Staylor, 93 Md. 473.

An. Code, 1924, sec. 29. 1912, sec. 29. 1904, sec. 29. 1888, sec. 28. 1802, ch. 101, sec. 1.

28. If such goods and chattels shall thereafter come to the hands of the
defendant as administrator, or into the hands of any other person who
may have authority to administer the goods of the deceased, the plaintiff
may issue on the said judgment a writ of scire facias, suggesting the coming
of assets to the hands of the administrator, liable to the payment of the
residue of his debt or demand, with interest as aforesaid, so due, upon
which, if the defendant contests the same, there shall be a trial by jury, as
provided in section 25.

Cited but not construed in Gill v. Staylor, 93 Md. 473.

An. Code, 1924, sec. 30. 1912, sec. 30. 1904, sec. 30. 1888, sec. 29. 1870, ch. 371.

29. In all cases of proceedings to condemn lands, for any purpose what-
ever, under any law or charter, upon the return and ratification of the
inquisition by the proper court, and in all cases in which inquisitions may
have been heretofore returned and ratified, the said court shall render a
judgment against the person or corporation for whose use the condemna-
tion may be so made in favor of the owners named in the inquisition for
the amount of the damages awarded by the jury, and unless, within ninety
days after condemnation ratified, the same shall be abandoned by written
notification to said owners, execution may immediately thereafter issue on
said judgment, as in other cases of judgment rendered in courts of law.

In proceedings by State Roads Commission for condemnation of right of way,
where jury awarded damages in excess of amount considered reasonable on account
of a spring, held that Commission had authority to change the proposed right of
way. State Roads Commission v. Redmiles et al., Daily Record, June 13, 1939.

Condemnation proceedings may be abandoned. This section is not inconsistent with
and is not repealed by act of 1912, ch. 117 (see art. 33A). The contention that this sec-
tion makes it mandatory upon the court when it directs the entering of a judgment after
the assessment of damages, overruled. Pitsnogle v. W. Md. Rwy. Co., 123 Md. 672.

This section has no application to proceedings by the commissioners for. opening
streets of Baltimore City. Norris v. Baltimore, 44 Md. 605; Merrick v. Baltimore, 43
Md. 245.

Court of Appeals.

An. Code, 1924, sec. 31. 1912, sec. 31. 1904, sec. 31. 1888, sec. 30. 1852, ch! 263.

1892, ch. 521.

30. Any judge of the court of appeals, or any judge of a circuit court,
or any judge of the supreme bench of Baltimore City, who shall be con-
nected by consanguinity or affinity with any party to a cause within the