JOHN WALTER SMITH, ESQ., GOVERNOR.

provided further, that the cost of the record in case of appeal
shall be paid or tendered to the Clerk of the County Commis-
sioners within thirty days from the date of said appeal, and
in case of said costs of said appeal are not so paid or tendered
within said period, it shall be lawful for the County Commis-
sioners to proceed to act in the premises, as if no such appeal
had been taken, and in case any appeal is taken to the Cir-
cuit Court for said county, and a motion is filed to quash the
proceedings in said case, any of the proceedings may be
amended as to matters of form, so that the case be tried on its
merits, and the purposes of justice subserved, or the court
may, in its discretion, remand said case to the County Com-
missioners for alterations, correction or amendment; and all

1089

persons so appealing to the Circuit Court for Baltimore
County shall be secured in the right to a jury-trial; and the
said court shall direct the sheriff of Baltimore County to
summon twelve or more persons qualified to be jurors, and
shall empanel any twelve disinterested persons so summoned
to try any question of fact, and if necessary to view any
property in question, and to determine the proper amount of
damages of benefits due on account of the same, and when
final judgment is entered by the Circuit Court in any case,
said court may determine whether the costs shall be paid by
the appellant or appellee.

Right to a jury
trial.

Sec. 214. The County Commissioners shall not advertise
any notice of application for opening any new road or widen-
ing, straightening, altering or closing any old road, or part
of any old road unless the parties interested in said application
shall pay to the Treasurer of Baltimore County such sum or
sums of money as may be necessary to the expenses of adver-
tising, surveying, making plat and the per diem of examiners,
and any other expenses that may be incurred before the pro-
ceedings in the case shall be finally ratified and ordered to be
recorded, and when the assessments for benefits shall have
been collected and paid into the Treasury of Baltimore County
the County Commissioners shall give an order on the treasurer
for the sum or sums of money paid to him by the parties for
such purposes.

Commission'rs
shall not
advertise
notice of appli-
cation for
opening road,
etc.

Sec. 215. When no objection shall have been filed within
the time hereinbefore designated, or of objection shall have
been filed, and the road petitioned for be confirmed by the
County Commissioners of said county, and if in case of appeal
the order of the County Commissioners is affirmed by the
Circuit Court for said county, the County Commissioners shall

If petition
confirmed,
shall be
recorded as
public road.