EMINENT DOMAIN 1577

case, in all respects as hereinbefore provided, and so on until a final verdict
in said case is obtained.

Upon any such verdict becoming final, if the same shall be for the defen-
dant, upon the right to condemn, the Court shall forthwith enter a judgment
in said case for the defendant with costs, but if said verdict shall be for the
petitioner on the right to condemn and assessing damages to the defendants,
the said Court upon said verdict shall forthwith enter a judgment in favor
of each defendant against the petitioner for the amount of damages or com-
pensation awarded to each of said defendants by the verdict of said jury and
his proper proportion of the costs.

Entering of judgment under this section is ministerial act and it is duty of court
to enter it unless motion was made to stay it. Pumphrey v. State Roads Comm., 175
Md. 504.

Cited but not construed in Davis v. Board of Education, 168 Md. 74.

This section referred to in construing sec. 12.

An. Code, 1924, sec. 12. 1912, sec. 11. 1912, ch. 117. 1914, ch. 463, sec. 12.

12. Any party to said cause may appeal from any such judgment to the
Court of Appeals of Maryland, but any such appeal shall be entered in
writing within ten days from the date of said judgment, and all bills of
exceptions desired by such appealing party shall be prepared and presented
to the Court to be signed, on or before the expiration of twenty days from
the date of said judgment, unless such time for settling and signing said
bill of exceptions shall for good cause be extended by the Court, but the
record of such case and appeal in any event shall be filed with the Clerk of
the Court of Appeals of Maryland, within thirty days from the date of the
entry of such appeal.

No appeal lies from an order sustaining a demurrer to a plea in bar in a condemnation
proceeding. Davis v. Board of Education, 166 Md. 123.

Rule 29 of Circuit Court of Anne Arundel County, requiring bills of exceptions to
be signed during term of court, has no application in appeals in condemnation cases
which are governed by this section and not the common law. Pumphrey v. State Roads
Comm., 175 Md. 503.

See notes to sec. 1.

An. Code, 1924, sec. 13. 1912, sec. 12. 1912, ch. 117. 1914, ch. 463, sec. 13.

13. If such judgment is in favor of the petitioner awarding compen-
sation to the defendants and no appeal is taken from such judgment by the
defendant within ten days from the date of said judgment, or in case of
such appeal said judgment is affirmed, the petitioner may at once pay to
the defendant owner or owners of the property condemned, the amount so
awarded him or them respectively, and the costs as determined by said
judgment, and in case the amount of such judgment and cost is duly ten-
dered any such owner who refuses to receive the same, or such owner is
out of the jurisdiction of the Court, or under legal disability, the peti-
tioner may pay the same into the said Court, into the hands of the Clerk
thereof, for the use of such owner or owners, and to be paid him or them at
any time thereafter, and upon such payment being accepted, or upon such
tender being made as aforesaid, and said payment made into Court as afore-
said, after the refusal of such tender, or because of the absence or legal
disability of such owner or owners as aforesaid, the petitioner shall at once
become vested with the title, estate or interest of such owner or owners in
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