84                                 LAWS OF MARYLAND                          [CH. 52

the property of such defendant before the final determination of
the appeal. The bond shall be executed by the plaintiff together
with a surety or sureties approved by the Court. Upon the pay-
ment as herein provided and filing of the bond, the plaintiff may
at once take possession of the property or estate or interest therein
of the defendant so appealing. If the judgment shall be affirmed by
the Court of Appeals, the bond shall thereby be discharged. If the
judgment shall be reversed by the Court of Appeals on the right of
the plaintiff to condemn, the plaintiff shall at once surrender posses-
sion of the property or the estate of the defendant and the bond shall
thereupon be liable to the defendant for all damages which have been
occasioned to the defendant by the plaintiff in taking possession and
using the property before final determination of the appeal. If the
plaintiff is the State of Maryland, or any of its subdivisions or in-
strumentalities, no bond shall be required.

Section 9.

(a)   Upon payment of the judgment and costs by the plaintiff
pursuant to the provisions of Maryland Rule U23 SUBTITLE U OF
THE MARYLAND RULES, the plaintiff shall at once become vested
with the title, estate or interest of the defendant in the property
condemned.

(b)  The title acquired in a condemnation proceeding shall be an
absolute or fee simple title and shall include all of the right, title
and interest of each of the defendants to the proceedings whose
property has been so condemned unless a different title is specified
in the inquisition.

Section 10.

(a) Where taxes have been paid by the condemnee or his prede-
cessor in title, the condemnee shall be entitled to receive from the
condemnor in addition to the damages awarded for the premises
taken an amount of money which bears the same ratio to the entire
amount of taxes on the condemned property PREMISES TAKEN as
the part of the taxable year remaining on the date of taking bears
to the entire taxable year.

(b)

1.  Where taxes have not been paid and all of the property covered
by an assessment is condemned, condemnor may deduct from the
damages awarded to the condemnee an amount of money which bears
the same ratio to the entire amount of the taxes on the condemned
property as the part of the taxable year which has expired on the
date of taking bears to the entire taxable year.

2.  Where the taxes have not been paid and a part of the property
covered by an assessment is taken, the condemnor may deduct from
the damages awarded an amount of money equal to the taxes due
and payable on the portion of the property covered by the assess-
ment which is not taken plus an amount of money which bears the
same ratio to the amount of the taxes on the property taken as the
part of the taxable year which has expired on the date of taking
bears to the entire taxable year.

(c)  The amount of the adjustment for taxes under this section
shall be as the condemnor and condemnee shall agree, or if they are