554                               Laws of Maryland                       [Ch. 399

acquired in any condemnation proceeding under this Article, shall
be an absolute or fee simple title, and shall include and be all the
right, title and interest of each and all the parties to the proceed-
ings, whose property has been so condemned, unless otherwise speci-
fied in the judgment of condemnation.

16. [Every appeal from any judgment in said proceedings to the
Court of Appeals of Maryland under this Article, shall stand for
hearing at the next term after the record is received by the Clerk
of the Court of Appeals, if that Court be not sitting or at the pend-
ing term if the Court is then in session, and the Court of Appeals
may advance the hearing of such appeal in its discretion, and] If

after an appeal to the Court of Appeals the final decision be that the
petitioner is not entitled to condemn the property, a reasonable coun-
sel fee to be fixed by the Court of Appeals shall be awarded to coun-
sel for the defendant and taxed against the petitioner, together with
the other costs of the case.

19. In case any defendant shall appeal [within the time afore-
said] to the Court of Appeals, from any final judgment in said lower
Court, condemning his property and awarding him damages and
costs as aforesaid, the petitioner, if he or it so desires, may at any
time after the entry of said appeal tender to such defendant or de-
fendants appealing, the amount of the compensation, damages and
costs so awarded by said jury and the judgment of said Court, and
if any such defendant or defendants shall refuse to accept such ten-
der of said judgment and costs, then such petitioner may pay the
same into said Court into the hands of the Clerk thereof for the use
of such defendant or defendants so appealing, and to be thereafter
paid over by such clerk to said defendant or defendants at any time
such defendants will accept and receive the same, and upon such
tender and refusal, the petitioner may at the time of such payment
into Court, file with the said Clerk a bond to the State of Maryland
in such penalty as said Court may prescribe, conditioned that in
case said judgment shall be reversed, the petitioner shall well and
truly pay and satisfy such defendant or defendants so appealing, all
damages which may be caused such defendants by the petitioner, by
taking possession and using the property of such defendant or de-
fendants before the final determination of his or their appeal, which
bond shall be executed by the petitioner, together with a surety or
sureties approved by said Court, or the Clerk thereof, and upon said
payment into Court, and the filing of such bond, the petitioner may
at once, without waiting for the determination of said appeal, take
possession of such property or estate or interest therein, of such
defendant or defendants so appealing from said judgment. If said
judgment shall be affirmed by the Court of Appeals, said bond shall
thereby be discharged, and title to said property shall then vest in
the petitioner as aforesaid, but if said judgment shall be reversed
by the Court of Appeals, then said petitioner shall at once abandon
and surrender possession of said property or estate of such defend-
ant or defendants, and said bond shall thereupon be liable to such
defendant or defendants prevailing upon such appeal, for all dam-
ages as aforesaid which have been occasioned to such defendants by
the petitioner, in taking possession and using the said property, be-
fore the final determination of said appeal.

21. Upon the filing of a petition of condemnation by the State
Roads Commission under this Article, the Court or any Judge there-