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Session Laws, 1939
Volume 581, Page 1102   View pdf image (33K)
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1102 LAWS OF MARYLAND. [CH. 540

therein, and said judgment shall include as a part of the just
compensation awarded, interest at the rate of six per centum
per annum on the amount finally awarded as the value of the
property as of the date of taking, from said date to the date of
payment; but interest shall not be allowed on so much thereof
as shall have been paid into said registry. No sum so paid
into said registry shall be charged with commissions or
poundage.

Upon the application of the parties in interest the Court
may order that the money so deposited in the registry of the
Court, or any part thereof, be paid forthwith for or on account
of the just compensation to be awarded in said proceedings.
If the compensation finally awarded in respect of said lands
or any parcel thereof shall exceed the amount of money so
deposited in the registry of the Court or received by any per-
son entitled, the Court shall enter judgment against said Com-
mission for the amount of the deficit, and if the compensation
finally awarded in respect of said lands or any parcel thereof
shall be less than the amount of money so deposited, the Com-
mission may recover the excess so paid to any of such persons
by an action at law.

Upon the filing of a declaration of taking, the Court shall
have power to fix the time within which, and the terms upon
which, the parties in possession shall be required to surrender
possession to said Commission. The Court shall have power
to make such orders in respect to encumbrances, liens, rents,
taxes, assessments, insurance and other charges, if any, as
shall be just and equitable.

Upon the filing of said declaration of taking and the deposit
in the registry of the Court, to the use of the persons entitled
thereto, of the amount of the estimated compensation stated
in said declaration, said Commission may apply to the Court
without notice, unless the Court shall require notice to be
given, for a writ of possession, and the Court shall thereupon
cause such writ to be issued, which shall be executed in the
same manner as when issued in other cases for the delivery of
possession of real property.

If the Commission shall not have acquired possession of
such lands under the declaration of taking as herein provided
at any time after ten days after the return or recordation of
the verdict of award in said proceedings the said Commission
may enter and take possession of the property so condemned,
upon first paying the Clerk of the Court all costs taxed to
date, and depositing in the registry of the Court, to the use of
the persons entitled thereto, the amount of said award with
interest at the rate of six per centum per annum from the date
thereof to the date of said deposit, notwithstanding any ap-
peal or further proceedings upon the part of the defendant,


 

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Session Laws, 1939
Volume 581, Page 1102   View pdf image (33K)
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