PHILLIPS LEE GOLDSBOROUGH, GOVERNOR. 195

SEC. 2. And be it further enacted, That, whenever proceed-
ings are instituted under Article 33-A of the Code of Public
General Laws by the State of Maryland or the Mayor and City
Council of Baltimore, or any department, commission, or board
of said City or State, for the acquisition of any property for
said State or City situate in Baltimore City, the appraisers ap-
pointed by said Court shall make their return within ten days,
and, immediately upon the return of the appraisers, the pe-
titioner may pay to the owner of such 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 dam-
ages to be awarded for said property, 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 prop-
erty 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 appraise-
ment so received, but shall pay all costs of said pro-
ceedings, except the compensation to the appraisers. In
the event that the owner, or one of the owners, of such prop-
erty is a minor, insane, unknown, or otherwise incapable of re-
ceiving said payment, or in case the owner or owners of such
property refuse to accept said payment, the same may be paid
into Co.urt and, upon such payment being made and security
given as aforesaid, the petitioners may take possession forth-
with 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 assessment of benefits by the Commissioners
for Opening Streets in the matter of opening, extending, widen-
ing, 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 Com-
missioners for Opening Streets against the owner of the remain-