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Session Laws, 1957
Volume 640, Page 553   View pdf image (33K)
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Theodore R. McKeldin, Governor                    553

fixed by it, not less than ten nor more than twenty days from the
date of said application, for the trial of the issues of law and fact
raised in said case, and the ascertainment of the compensation or
damages to be awarded to the defendants in case it shall be deter-
mined that the land sought by the petitioner shall be condemned.

9. After said view, and the jury has returned to said Court, the
trial of the issues of law and fact in the case relative to the right
to condemn said land, and the damages which will be occasioned to
the defendant owner or owners thereof by the taking, use and occu-
pation thereof by the petitioner, and the amount of just compensa-
tion therefor to each defendant, and of all other issues which may
properly arise in said case, shall be proceeded with before said Court
and jury in the same manner and under the same rules of law and
practice, pertaining to the admissibility of evidence, the instructions
of the Court, and all other matters arising under said proceedings,
as in other civil cases, except as herein otherwise provided.

[Either party may except to any ruling of the Court, admitting
or excluding evidence, or granting or rejecting instructions, or made
upon any other motion, exceptation or proceedings in the cause, in
the the usual method of trials of civil cases, and in case of appeal
as hereinafter provided, bills of exceptions shall be presented, settled
and signed according to the prevailing practice in said Court.]

13.    Any party to said cause may appeal from any such judg-
ment to the Court of Appeals of Maryland [, but any such appeal
shall be entered in writing within ten days from the date of said
judgment, and all bills of exceptions desired by such appealing party
shall be prepared and presented to the Court to be signed, on or be-
fore the expiration of twenty days from the date of said judgment,
unless such time for settling and signing said bill of exceptions shall
for good cause be extended by the Court, but the record of such case
and appeal in any event shall be filed with the Clerk of the Court of
Appeals of Maryland, within thirty days from the date of the entry
of such appeal].

14.    If such judgment is in favor of the petitioner awarding com-
pensation to the defendants and no appeal is taken from such judg-
ment by the defendant [within ten days from the date of said judg-
ment], or in case of such appeal said judgment is affirmed, the peti-
tioner may at once pay to the defendant owner or owners of the prop-
erty condemned, the amount to SO awarded him or them respectively,
and the costs as determined by said judgment, and in case the amount
of such judgment and cost is duly tendered any such owner who re-
fuses to receive the same, or such owner is out of the jurisdiction of
the Court, or under legal disability, or such owner or some or all of
said such owners, are unknown, or the unknown heirs of a deceased
owner, the petitioner may pay the same into the said Court, into the
hands of the Clerk thereof, for the use of such owner or owners, and
to be paid him or them at any time thereafter, and upon such pay-
ment being accepted, or upon such tender being made as aforesaid,
and said payment made into Court as aforesaid, after the refusal of
such tender, or because of the absence or legal disability of such
owner or owners, or because such owner, or owners, are unknown,
or the unknown heirs of a deceased owner, as aforesaid, the peti-
tioner shall at once become vested with the title, estate or interest
of such owner or owners in the property so condemned. The title so

 

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Session Laws, 1957
Volume 640, Page 553   View pdf image (33K)
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