JOHN LEE CARROLL, ESQUIRE, GOVERNOR

657

shall amend or supply all defects and omissions and

increase or reduce the amount of damages awarded,

or of benefits assessed in any case and alter, modify

and correct the statement in all or any of its parts,

as the said court shall deem just and proper, and in

case a motion is filed to quash the proceedings in said

case, or any other objections is taken to any of the

proceedings, the same may be amended as to mat-

Be amended.

ters of form, so that the case may be tried on its

real merits, and the purposes of justice observed,

and in case of any motion to quash for matters of

form or substance, where the defect in said proceed-

ings set up by said motion cannot be remedied by

amendment, but shall be capable of being cured or

remedied, or where said proceedings may be

perfected by the examiner or the examiners, as

the case may be, it shall be the duty of the court

instead of quashing said proceedings, to remand the

Remand.

same to said examiner or examiners, as the case may

be, for that purpose, whenever the ends of justice

may be secured and delay or expense may be saved

thereby; and when final judgment is entered by the

Circuit Court in any case, said court may determine

May deter-
mine.

whether the cost shall be paidi by the appellant or

appellee, and the amendment aforesaid may be made

at any time before the jury may retire to make up

their verdict, in case of jury trial, and in case of

trial before the .court, at any time before judgment

is entered; and if no appeal shall be taken within

the time designated, or if the appeal or appeals

should be dismissed, it shall be the duty of the

County Commissioners of Baltimore county to ratify

Ratify and

and confirm the statement, plat and profile as re-

confirm.

turned and deposited by the said examiner or exam-

iners, as the case may be, and after the ratification

and confirmation of such statement, plat and profile

by the said county commissioners or by the decision

and order of the Circuit Court for Baltimore county,

as the case may be, the said examiner or examiners,

as the case may be, shall at such time as he or they

may deem advisable, advertise for proposals for

Advertise for

opening, grading and constructing such street, ave-

proposals.

nue or alley, or portion thereof applied for, by pub-

lication, once a week, in one or more newspapers

published in Baltimore county, and twice a week in

42