490 LAWS OF MARYLAND. [CH. 169
sation be absent, unable or unwilling to receive the same, or the
title to the property be taken is in dispute, the town shall not
be entitled to possession of the said property until the compen-
sation therefor be paid into the Circuit Court of Montgomery
County, to be held for the person entitled to receive the same.
(F) In case the town, or any person affected by such pro-
ceedings, shall feel aggrieved by the verdict of the commission-
ers, appeal may be taken within twenty days of the approval
of said verdict to the Circuit Court of Montgomery County.
The party appealing shall perfect his appeal by filing with the
Town Clerk a written notice of his intention so to do within
said twenty days, and thereupon the clerk shall, within twenty
days from said notice, file a complete transcript of the proceed-
ings with the Clerk of the Circuit Court; and said cause, un-
less the appeal be dismissed, shall be tried de novo in said
court at the next jury term of said court after said transcript
is filed in all respects as other trials had in said court. The
verdict of the jury shall conform in all respects to the require-
ments of this section and shall have the same force and effect
as the verdict of said commissioners. The assessments shall be
paid within same time, and until paid bear the same rate of
interest as is above provided, and shall stand as a judgment
and be a lien on the several parcels of property charged supe-
rior to all other liens from the date of the ordinance, and if
not paid within thirty days from the filing of the verdict of
the jury an execution shall issue against the several lots or
parcels of land against which assessments for benefits are so
made, which execution shall describe the parcel of ground and
the amount assessed against the same, as shown by the verdict
of the jury, and state that the assessment has been made to pay
compensation for property taken for the purpose specified in
the ordinance, and be directed to the Sheriff of Montgomery
County, and command him, in case said assessment, interest
and costs be not paid, to sell the property therein described, or
so much thereof as may be necessary, to pay the same. The
proceedings under said execution, including the making of the
deed to the purchaser, shall conform to ordinary proceedings
on execution in said court, and the deed of the sheriff, made
pursuant thereto, shall convey a good title to the purchaser. All
moneys collected in said Circuit Court shall be forthwith paid
to the Treasurer of said town for disbursement to the parties
entitled thereto.
|
![clear space](../../../images/clear.gif) |