154

LAWS OF MARYLAND.

discretion send back to said examiners and assessors
in case they deem it advisable, the award, return,
report, plat and proceedings of said examiners for
alteration, correction or amendment, and any person
interested in said proceedings may appeal from the
final order of ratification or rejection of the report
of said board of examiners and assessors by the

Proviso.

County Commissioners to the Circuit Court for Bal-
timore county; provided said appeal is taken in
writing filed with said commissioners within thirty
days after the passage of said final order of ratifica-

tion or rejection, and provided that the cost of the
record in case of appeal shall be paid or tendered to
the treasurer of the county or to the clerk of the
county commissioners within thirty days from the
date of said appeal; and in case the said costs are
not paid or tendered as aforesaid, within the period
aforesaid, 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 as aforesaid to the Circuit Court of said county

Motion to
quash.

and a motion is filed to quash the proceedings in said
case or any other objection is taken to the same, any
of the proceedings may be amended as to matters of
form so that the case may be tried on its real merits,
and the purposes of justice subserved, and in case of
any motion to quash for matter of form or substance
where the defect in said proceedings set up by said
motion cannot be remedied by amendment in court,
but shall be capable of being cured or remedied, or
where said proceedings may be perfected by said
commissioners, it shall be the duty of the court
instead of quashing said proceedings to remand the
same to said commissioners for that purpose, when-
ever the ends of justice may be served and delay or
expense may. be saved thereby, and where 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, and the amend-
ments aforesaid may be made at any time before the
jury retire to make up their verdict, in case of jury
trial, and in cases of trial before the court, at any
time before judgment is entered.