936                         LAWS OF MARYLAND.                  [CH. 370

may be used by the Commission within its discretion for the
purpose of policing the several parks or other areas within.
Montgomery County under its jurisdiction and/or for the
purpose of development, beautification or maintenance of such
parks and/or other areas and/or the establishment therein of
such playground and recreational facilities as the Commission
may determine.

10. That whenever it shall be deemed necessary by the
Commission to take or acquire any lands, water rights, struc-
tures or buildings either in fee or as an easement for parks,
parkways, forests, roads, streets, boulevards or highways,,
ground or spaces, the Commission may purchase same from
the owner or owners, or, failing to agree with the owner or
owners thereof, may condemn the same by proceedings in the
Circuit Court for the county in which said land, water rights
structures or buildings are located, as now provided for con-
demnation of land by public service corporations in Article
33A of the Public General Laws of Maryland; and said Com-
mission may at the same time condemn the interest of any
tenant, lessee or other person having an interest in said land or
other property. At any time after ten days after the return
and recordation of the verdict or award in said proceeding, the
Commission may enter and take possession of said property
so condemned upon first paying to the Clerk of the Court the
amount of said award and all costs taxed to date, notwith-
standing any appeal or further proceeding on the part of the
defendant. At the time of said payment, however, it shall
give its corporate undertaking to abide by and fulfill any
judgment on such appeal or further proceeding if there be an
appeal, or on the expiration of the appeal time limit if there
be no appeal. The Commission is hereby authorized to sell,
convey, transfer or exchange any land held by it under this
Act, and deemed by the Commission not to- be needed for park
purposes or other purposes of this Act.

SEC. 2. And be it further enacted, That if any clause, sen-
tence, part or parts of this Act, or of any section thereof shall
be held unconstitutional, such unconstitutionality shall not
affect the validity of the remaining parts of this Act or of any
section thereof. The Legislature hereby declares that it would
have passed the remaining parts of this Act or any section
thereof, if it had known such clause, sentence, part or parts of
any section thereof should be declared unconstitutional.