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or owners of the property condemned, the amount so awarded him or them, respectively, and the cost as determined by said judgment, and in case the amount of such judgment and cost is duly tendered any such owner who refuses to receive the same, or such owner is out of the jurisdiction of the Court, or under legal disability, 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 payment 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 as aforesaid, the petitioner shall at once become vested with the title, estate or interest of such owner or owners in the property so condemned. The title so acquired in any condemnation proceeding under this Act, 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 proceedings, whose property has been so condemned, unless otherwise specified in the judgment of condemnation.

Ibid, sec. 14.

13. Every appeal from any judgment in said proceedings to the Court of Appeals of Maryland under this Act, 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 pending 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 the final decision be that the petitioner is not entitled to condemn the property, a reasonable counsel fee to be fixed by the Court shall be awarded to counsel for the defendant and taxed against the petitioner, together with the other costs of the case.

Ibid, sec. 15.

14. The State, and any municipal or other corporation, commission, board, body or person, which under the laws of this State, has the right to acquire property by condemnation, shall acquire such property, if condemnation proceedings be resorted to, in pursuance of, and under the provisions of this Article, anything in any other Public General Law or Public Local Law

or private or special statute to the contrary notwithstanding; provided, however, that nothing in this Article contained shall apply to or change the present law or procedure for the opening, closing, widening or straightening of highways.

Ibid, sec. 16.

15. In any proceeding under this Act, the petitioner shall pay all the costs in the lower Court to be taxed as in ordinary actions at law, and also the usual per diem to the jurors in the trial of the case which shall be taxed along with the other costs in the case. The costs in the Court of Appeals in any appeal from any proceeding under this Act shall be paid as directed by said Court in the same manner as costs in appeals from ordinary actions at law.

Ibid, sec. 17.

16. In case any defendant shall appeal within the time aforesaid 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 defendants 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 tender 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 defendants 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 pay

ment 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 defendant or defendants, and said bond shall thereupon be liable to such defendant or defendants prevailing upon such appeal, for all damages as aforesaid which have been occasioned to such defendants by the petitioner, in taking possession and using the said property before the final determination of said appeal.

Ibid, sec. 18.

17. In the event that Section 17 should be declared void for any reason by any Court of last resort, such invalidity of Section 17, if so declared, shall not affect the validity or effect of any of the other sections of this Act, it hereby being declared to be the intention of the Legislature that, even if Section 17 be declared void, the remainder of the Act shall stand, to have the same effect as if said Section 17 had never been enacted therewith.

This Act shall take effect from the date of its passage, provided that nothing in this Act shall in any way affect any condemnation proceedings which shall have been begun before the passage of this Act, but all such proceedings shall be proceeded with and concluded according to the provisions of the condemnation law applicable thereto which was in force at the time said proceedings were begun; except that in any case brought under said Chapter 117 of the Act of 1912, which has not reached the point where a judgment of condemnation shall have been entered before the passage of this Act, the further proceedings in said case shall be in accordance with this Act. And provided further, that nothing in this Act shall repeal or, affect any law which may have been or may be enacted by this Legislature to carry out the provisions of Section 40-A of the Constitution.

ARTICLE XXXV.

EVIDENCE.

Proof of Foreign Debts and Other Instruments.

Ibid, sec. 43. 1898, ch. 478, sec. 38A.

43. The copy of the record or register of any corporation, which the laws of any foreign country where the same may be incorporated require to be recorded or registered, and which has been recorded agreeably to such laws and which is certified under the hand of the keeper of such record or register and the seal of the Court or officer in which said record or register is kept, and which is also certified to be in due form and by the proper officer making reference to the Act under which corporations are formed under the laws of such foreign country, shall be good and sufficient evidence in any Court of this State to prove such incorporation.

Proof of Accounts.

Ibid, sec. 50. 1888, art. 35, sec. 45. 1860, art. 37, sec. 44. 1888, ch. 392.

50. In cases where there are two or more plaintiffs any affidavits required under the preceding sections to be made by the party bringing suit or by the creditor, may be made by any one of the plaintiffs, or if all the plaintiffs be absent from the State at the time of the bringing of the suit, or if the plaintiff be a corporation, such affidavit may be made by any agent of the plaintiff or plaintiffs, or any of them, who will make further oath that he is such agent and that he has personal knowledge of the matters therein stated; such affidavit, if made on behalf of any firm or copartnership, shall be prima facie evidence of said partnership and of the persons composing the same as therein set forth, or if made on behalf of any body corporate by any person therein alleging himself to be a charter officer thereof shall be prima facie evidence of the fact of its corporation as therein set forth.

ARTICLE XXXVII.

FERRIES.

This article is merely mentioned for those to whom it may be of interest. It is of very little practical value in a compilation of this kind, and hence the provisions are not inserted. The Article is based upon Acts passed many years ago.

ARTICLE LVI.

LICENSES.

Telegraph and Express Companies.*

Ibid, sec. 119. 1888, art. 56, sec. 102. 1872, ch. 355. 1874, ch. 370, sec. 4. 121. It shall not be lawful for any telegraph company or for any person, firm, partnership or corporation to do the business of telegraphing for profit or hire in any way within this State, or to receive compensation therefor or to open any office for the transmission of such business within this State, without first obtaining a license therefor, as hereinafter provided.

Ibid, sec. 120. 1888, art. 56, sec. 103. 1872, ch. 355. 1874, ch. 370, sec. 5.

122. It shall not be lawful for any express or transportation company, or for any person, firm, partnership (association or corporation to do the business of transporting or forwarding goods or packages of any sort, or of any article of trade or traffic for profit or hire within this State, without first obtaining a license therefor, as hereinafter provided.

Ibid, sec. 121. 1888, art. 56, sec. 104. 1872, ch. 355. 1874, ch. 370, sec. 6.

123. Any telegraph company, person, firm, partnership, association or corporation proposing to do the business of telegraphing for profit or hire within this State, and any express or transportation company, or any person, firm, partnership, association or corporation proposing to do the business of

See Article 23, sub-title "Public Service Commission," beginning at sec. 413.

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