HERBERT R. O'CONOR, GOVERNOR. 1499

court, the petitioner may at once, without waiting for the
determination of such motion for a new trial, or in arrest of
judgment, take possession of the property or estate or interest
therein of such defendant or defendants so filing a motion for
a new trial or in arrest of judgment. If said motion for a
new trial, or in arrest of judgment, be granted and a new trial
results, said petitioner shall pay to the defendant or de-
fendants the additional costs and any further amount finally
awarded in such case; if said motion for a new trial, or in
arrest of judgment be denied, and no appeal be taken as
provided for in Section 12 of this Article, title to said prop-
erty shall then vest in said petitioner; and if any appeal is
taken under the provision of this Article, any payment of the
compensation, damages and costs made in accordance with
the provisions of this Section shall constitute compliance with
the provisions of Section 17 of this Article authorizing such
payment to be made in cases of appeal. Said State Roads
Commission shall not be required to file any bond in case of
an appeal, as required of petitioners by said Section 17, but
if the judgment of the lower court is reversed by the Court
of Appeals, on the ground that said petitioner did not have
the right to condemn the property for which condemnation
proceedings were brought, then said petitioner shall at once
abandon and surrender possession of said property or estate
of such defendant or defendants, and pay to such defendant
or defendants prevailing upon such appeal for all damages
which have been occasioned to such defendant or defendants
by the petitioner in taking possession and using the said prop-
erty before the final determination of said appeal, said damages
to be assessed by the lower court upon a petition filed in said
cause by the defendant or defendants, with the right of either
party to a jury trial, and to be deducted from the money
heretofore deposited in said court, the balance of said money
so deposited, after payment of damages as aforesaid, to be
returned to said petitioner, and if the damages so assessed to
the defendant or defendants shall exceed the amount of money
deposited, the court shall pass an order for the payment of said
excess by the State Roads Commission to the defendant or
defendants, said payment to be paid out of any available funds
of said State Roads Commission, and either party shall have
the right of appeal to the Court of Appeals from such award
of damages. If said judgment is reversed on appeal and a
new trial awarded, said petitioner may continue in possession
of said property until the case is finally determined, and if
finally determined in favor of said petitioner, title to said
property shall thereupon vest in said petitioner, subject to the
payment of any further award that may be made and confirmed
by said final adjudication.