EDWIN WARFIELD, ESQ., GOVERNOR.

811

209. Any person having property or individual rights in-

volved, and feeling aggrieved by any final decision of the

Highways Commission affecting such rights, including its

final decisions in all matters in this Act specified as well as

all matters coming before said Commission for determination

and not herein specifically enumerated, shall have the right

to appeal from such final decision to the Circuit Court for

Can appeal to

said county; provided, that all such appeals shall be taken

Circuit Court

and the cost of the record paid or tendered to the secretary

of the Commission within thirty days from the rendering of

such decision and passage of an order in conformity therewith,

and if such appeal is not so taken, or costs not so paid or tendered

within said thirty days allowed for the same, the right of appeal

and all other rights in connection with such appeal shall be

considered waived ; on the taking of such appeal and the pay-

ment or tender of the costs thereof as aforesaid, it shall be

Tender of

the duty of the secretary to the Commission to forthwith pre-

costs.

pare a transcript of the proceedings and transmit the same

to the Clerk of the Circuit Court for Baltimore County;

such appeal shall be tried at the term of court then being held

or as soon thereafter as convenient for the court, and upon

such trial the court shall give such judgment as shall be

proper, including the matter of costs, which in no event be

given against the Highways Commission unless it be a party

to the proceeding, and the judgment so given shall be certified

to the Commission by the clerk of said court. The proceed-

ings on such appeal shall not be quashed because of any formal

defects, and any of the proceedings may be amended as to

matters of form as fully as if such case had originated in

said court, 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 Highways Commission for

alterations, correction and amendment. All persons so appeal-

ing or against whom such appeal is taken shall have the right

to a trial by jury of all issues of fact involved in such appeal

as fully and in the same manner as though the case had

originated in said court; provided, however, that this section

Proviso.

shall not apply to the orders of the Highways Commission

in the matter of the removal of the Roads Supervisors or other

appointees or employees for cause, the matter of awarding

contracts for labor or materials or other matters in which

powers of discretion are vested in it under the provisions of

this Act.

210. The Highways Commission shall have the power to

issue subpoenas for witnesses, and the president thereof shall

Subpoenas for
witnessess.

have pow(r to administer the oath to any witness who may be