470

LAWS OF MARYLAND.

back to said examiners the awards, plats and all other proceed-

ings for alteration, correction or amendments, and from any

final action, whether of ratification or rejection of the report of

the examiners by the said Road Directors, any person interested

may appeal to the Circuit Court for Allegany County ; provided

said appeal is taken within thirty clays from the passage of

such final order of ratification or rejection; and provided

further that the costs, as estimated by the said Road Directors,

in case of appeal, shall be paid or tendered to the clerk of the

Circuit Court for Allegany County within thirty days from

the date of said appeal, which said clerk shall at once notify the

chairman of the Road Directors that such costs have been paid,

whereupon the said Road Directors shall forthwith send up

Costs of appeal

the record of said court; and in case the costs of appeal are

not so paid within said period, it shall be lawful for the Road

Directors to proceed to act in the premises as if no such appeal

had been taken ; and in case any appeal is taken to the Circuit

Court for said .county, and a motion is filed to quash the

proceedings in said case, or in any event if it may seem proper

to the court, and of the proceedings may be amended as to

matter of form so that the case may be tried on its merits

and the purposes of justice subserved, or the court may, in its

discretion, remand said case to the Road Directors for alter-

ations, correction or amendment ; and all persons so appealing

to the Circuit Court for Allegany County shall be secured in the

right to a jury trial ; and the said court shall direct the sheriff

of said county to summon twelve or more persons qualified

to be jurors and shall impanel 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

Circuit Court

amount of damages to be paid and of benefit due on account of

to determine.

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 by the appellee.

216N. The said Road Directors shall not advertise any notice

Applications
for new road,

of application for opening any new road or widening, straight-

etc.

ening, 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 Allegany County such sum or sums of

money as said Road Directors may estimate shall be necessary

to pay the expenses of advertising, surveying, making plat and

the per diem of examiners, and any other expenses that may be

incurred before the proceedings in the case shall be finally rati-

fied and ordered to be recorded ; and whenever any such appli-

cation shall be finally and favorably acted upon, then in that