|
408 LAWS OF MARYLAND [Ch. 12
AWARDED TO COUNSEL FOR THE DEFENDANT AND CHARGED AGAINST
THE PLAINTIFF TOGETHER WITH THE OTHER COSTS OF THE CASE.
(C) COSTS.
COSTS IN THE COURT OF APPEALS SHALL BE PAID AS
DIRECTED BY THE COURT OF APPEALS.
(D) POSSESSION OF PROPERTY PENDING APPEAL.
(1) IF THE PLAINTIFF DESIRES POSSESSION
PENDING APPEAL, IT MAY MAKE PAYMENT OF THE AWARD PURSUANT
TO SUBTITLE U OF THE MARYLAND RULES. IN ADDITION, THE
PLAINTIFF SHALL FILE WITH THE CLERK OF THE COURT A BOND
TO THE STATE FOR THE PENALTY THE COURT PRESCRIBES.
(2) THE BOND SHALL BE CONDITIONED THAT IF THE
JUDGMENT IS REVERSED, THE PLAINTIFF SHALL PAY TO THE
DEFENDANT APPEALING, ALL DAMAGES THE PLAINTIFF CAUSED THE
DEFENDANT BY TAKING POSSESSION AND USING THE PROPERTY
BEFORE THE FINAL DETERMINATION OF THE APPEAL. THE BOND
SHALL BE EXECUTED BY THE PLAINTIFF TOGETHER WITH ANOTHER
SURETY APPROVED BY THE COURT.
(3) ON THE PAYMENT AND FILING OF THE BOND,
THE PLAINTIFF IMMEDIATELY MAY TAKE POSSESSION OF THE
PROPERTY OF THE DEFENDANT APPEALING.
(4) EXCEPT AS PROVIDED IN PARAGRAPH (5), IF
THE JUDGMENT IS AFFIRMED BY THE COURT OF APPEALS, THE
BOND IS DISCHARGED. IF THE JUDGMENT IS REVERSED BY THE
COURT OF APPEALS ON THE RIGHT OF THE PLAINTIFF TO
CONDEMN, THE PLAINTIFF IMMEDIATELY SHALL SURRENDER
POSSESSION OF THE PROPERTY OF THE DEFENDANT AND THE
SURETY SHALL 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.
(5) IF THE PLAINTIFF IS THE STATE, OR ANY OF
ITS SUBDIVISIONS OF INSTRUMENTALITIES, NO BOND IS
REQUIRED.
REVISOR'S NOTE: This section presently appears as
Art. 21, §12-108 of the Code. In subsection
(d), the reference to "estate or interest
therein" of the defendant is proposed for
deletion as unnecessary in light of the
definition of "property" in §1—101(k).
In subsection (d) (4) , new language is added to
indicate that this provision is subject to the
exceptions established in subsection (d) (5).
|
