PHILLIPS LEE GOLDSBOROUGH, GOVERNOR... 755

acquire such property, if condemnation proceedings be resorted
to, in pursuance of, and under the provisions of this Article,
anything in any other Public General Law or Public Local Law
or private or special statute to the contrary notwithstanding:
provided, however, that nothing in this Article contained shall
apply to or change the present law or procedure for the opening,
closing, widening or straightening of highways.

16. In any proceeding under this Act, the petitioner shall
pay all the costs in the lower Court to be taxed as in ordinary
actions at law, and also the usual per diem to the jurors in the
trial of the case which shall be taxed along with the other costs
in the case. The costs in the Court of Appeals in any appeal
from any proceeding under this Act shall be paid as directed
by said Court in the same manner as costs in appeals from, ordi-
nary actions at law.

17. In case any defendant shall appeal within the time
aforesaid to the Court of Appeals, from any final judgment in
said lower Court, condemning 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 Df the
compensation, damages and costs so awarded by said jury and
the judgment of said Court, and if any such defendant or de-
fendants 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 pay-
ment into Court, file with the said Clerk a bond to the State of
Maryland in such penalty as said Court may prescribe, condi-
tioned that in case said judgment shall be reversed, the peti-
tioner 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 execu-
ted 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 property or estate or interest therein, of