EMINENT DOMAIN 1579

An. Code, 1924, sec. 17. 1912, 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-
ing his property and awarding him damages and costs as aforesaid, the
petitioner, if he or it so desires, may at any time after the entry of said
appeal tender to such defendant or defendants appealing, the amount of
the compensation, damages and costs so awarded by said jury and the judg-
ment of said Court, and if any such defendant or defendants shall refuse to
accept such tender of said judgment and costs, then such petitioner may pay
the same into said Court into the hands of the Clerk thereof for the use of
such defendant or defendants so appealing, and to be thereafter paid over
by such clerk to said defendant or defendants at any time such defendants
will accept and receive the same, and upon such tender and refusal, the
petitioner may at the time of such payment into Court, file with the said
Clerk a bond to the State of Maryland in such penalty as said Court may
prescribe, conditioned that in case said judgment shall be reversed, the
petitioner shall well and truly pay and satisfy such defendant or defendants
so appealing, all damages which may be caused such defendants by the
petitioner, by taking possession and using the property of such defendant
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 prop-
erty or estate or interest therein, of such defendant or defendants so appeal-
ing 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 possession 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.

An. Code, 1924, sec. 18. 1912, sec. 17. 1912, ch. 117. 1914, ch. 463, sec. 18.

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

Surveys for Public Workers.

An. Code, 1924, sec. 19. 1912, sec. 18. 1916, ch. 649, sec. 1.

19. Civil engineers and surveyors, when they are in the employ of
the State, or any County, or any city, town or village of the State, shall
have the right to enter upon any private lands, or property for the pur-
pose of making surveys, running lines of levels, or obtaining any needful