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fendant to appear in the said Court on or before a certain day to be named in the order, said day to be not less than thirty days nor more than forty days from the date of the first publication of said order, and show cause why such property, or such defendant's interest therein, should not be condemned as prayed in the petition.*

1912, ch. 117. 1914, ch. 463, sec. 4.

3. Every defendant summoned shall, within ten days after the return day to which he is summoned, and every defendant appearing shall, within ten days after such appearance, file an answer showing cause, if any he has, why the property mentioned in the petition, or said defendant's interest therein, should not be condemned as prayed, and every defendant against whom publication has been duly made, as hereinbefore provided, shall file an answer within the time limited in such order of publication.

The Court shall have power, for good cause shown, to extend the time for answering. In default of answer within the time herein before provided or any extension thereof, as aforesaid, such defendant shall be regarded as in default, so far as the right of condemnation is concerned.

If any defendant summoned as aforesaid, or against whom publication has been made as aforesaid, is under legal disability, by reason of infancy, insanity or any other cause, the Court, upon the return of said summons, or the expiration of the time limited in such order of publication, upon the application of any party to said suit, shall authorize the duly constituted guardian or committee of such infant, lunatic or person under disability, to appear, answer, and defend for him within the times above specified, or if such defendant under disability shall have no constituted guardian or committee, the Court shall, upon application, appoint some suitable person as guardian ad litem to appear, answer, and defend for such de fendant under legal disability, within the times above specified, and when such answer of such guardian ad litem or committee for such defendant shall be filed, the case as to such

Ridgely vs. Baltimore City, 119 Md. 567. City and Suburban R. R. Co. vs. W. W. & G. R. R. Co., 122 Md. 655, 659.

defendant shall be regarded as ready for further proceedings for said condemnation as hereinafter provided.

1912, ch. 117. 1914, ch. 463. sec. 5.

4. The Court shall have the same power to permit amendments of the petition, answers and other proceedings as in other actions at law, and all demurrers, motions and other proceedings therein, except as otherwise herein provided, shall be disposed of in accordance with the rules and practice in said Court now governing in the trial of other civil cases at law.

1912, ch. 117. 1914, ch. 463, sec. 6.

5. When all the defendants in said case who have been summoned or published against, as hereinbefore provided, have either answered or are in default as aforesaid, and all defendants under legal disability have answered by their guardians, committees or guardians ad litem, as herein before provided the case shall be regarded as ready for trial, and, upon the application of any party to said suit, the Court shall forthwith set an early date to be especially 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 determined that the land sought by the petitioner shall be condemned.

1912, ch. 117. 1914, ch. 463, sec. 7.

6. If the date so fixed by said Court shall occur during the regular sittings of any term of said Court, at which a regular jury is in attendance upon said Court, or can be procured to attend, the said case shall be heard before a jury selected from such regular panel, but if the date for said trial set by the Court shall occur at a time when the regular jury drawn for that term has been discharged and cannot be re-assembled under the law, then in such case the Court shall forthwith pass an order directing the sheriff of the county, or of Baltimore City, as the case may be, to summon twenty good and lawful men of said county or city, to attend as jurors in said Court at said time as fixed by the Court for trial of said case, and the sum moning of said jurors and the empaneling of a jury of twelve

men from said regular panel or from said list of jurors so summoned by the sheriff, shall proceed as far as practicable in accordance with the rules and practice obtaining in said Court for the selection and empaneling of jurors in other civil cases. 1912, ch. 117. 1914, ch. 463, sec. 8.

7. As soon as said jury is selected as aforesaid, the jurors shall be sworn by the Clerk in the usual manner in civil cases, and in addition to the usual oath in such cases, they shall be sworn to justly and impartially value the damages which the defendant owner or owners will sustain by the taking, use and occupation of the property described in the petition, by the petitioner, for the purposes therein set out, and after being so selected and sworn, the Court shall direct the sheriff to take the jury upon the ground and premises sought to be condemned, to view the same in the usual way in condemnation cases, upon which excursion to view said property and premises, the parties to the suit, their attorneys, engineer or other representative shall have the right to attend with said sheriff and jury. The engineer or other representative of either party shall upon said view, point out to the jury the property sought to be condemned, and the metes and bounds thereof, and shall show the jury any adjacent property of the owners; but upon said view no party to the proceedings, or his attorney, or any other party, except as aforesaid, shall be permitted to make any statement or remark to the jury or in their presence relative to said property.*

1916, ch. 117.

7A. The Court may, in its discretion, permit the opening statements of counsel to be made before the jury is sent to view the premises; and the Court also may, in its discretion, send the jury to view said premises, as provided in Section 7, in charge either of the sheriff as therein provided, or of a bailiff of the Court.

1914, ch. 463, sec. 9.

8. 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 damage which will be occasioned to the defendant owner or owners thereof by the

City & Suburban Ry. Co. vs. W. W. & G. R. R. Cɔ., 122 Md. 655-57.

taking, use and occupation thereof by the petitioner, and the amount of just compensation 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, exception or proceeding in the cause, in 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.*

Ibid, sec. 10.

9. Any person who has not been made a party to said proceedings, who shall have, or claim to have any interest in the property sought to be condemned, may voluntarily intervene in said case, at any time before the trial of the same, and upon petition, may, by order of said Court, be made a party defendant to said proceedings upon such terms and conditions as the Court shall direct, and thereupon may take part and defend in the trial of said case, and shall be bound by said judgment in the same way and to the same extent as if such person intervening had been made an original party defendant in said petition.

Ibid, sec. 11.

10. Any verdict rendered by said jury may be excepted to within the time allowed by the rules of Court in other cases; or within the time of said rules of Court, either party may file

As to amount of compensation, see Baltimore vs. Megary, 122 Md. 20. and Article 3, Section 40, of the Maryland Constitution and the notes thereto. In Baltimore vs. Johnson, 123 Md. 320. the Court said that the City of Baltimore, in condemning for the opening of streets, should establish the permanent public grade before the jury passed upon the damages and benefits (page 325), and that the Baltimore City Court in this case wherein the City was acting under the City Charter (Public Local Laws, Article 4) had full power to hear and determine all questions connected with those proceedings, including whether or not the grade of the street opened through the lands of the appellee should be first established by the City before it was permtted to assess the appellee with benefits to her adjacent lands caused by the opening of said street and from the action of the Court in such matter an appeal would lie to the Court of Appeals.

a motion for a new trial, or in arrest of judgment, or make any other proper motion applicable to such case as in ordinary civil cases, and said motion shall be heard and disposed of by the Court as speedily as reasonably possible.

Upon any such exceptions or motions, if the Court shall set aside the verdict of the jury, it shall forthwith within the time herein before provided, set a new day for the trial of the same and upon said day so set, said Court shall proceed with the selection of a jury as aforesaid, and a new trial of the case, in all respects as hereinbefore provided, and so on until a final verdict in said case is obtained.

Upon any such verdict becoming final, if the same shall be for the defendant, upon the right to condemn, the Court shall forthwith enter a judgment in said case for the defendant with costs, but if said verdict shall be for the petitioner on the right to condemn and assessing damages to the defendants, the said Court upon said verdict shall forthwith enter a judgment in favor of each defendant against the petitioner for the amount of damages or compensation awarded to each of said defendants by the verdict of said jury and his proper proportion of the

costs.

Ibid, sec. 12.

11. Any party to said cause may appeal from any such judgment 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 before 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.

Ibid, sec. 13.

12. If such judgment is in favor of the petitioner awarding compensation to the defendants and no appeal is taken from such judgment by the defendant within ten days from the date of said judgment, or in case of such appeal said judgment is affirmed, the petitioner may at once pay to the defendant owner

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