96

LAWS OF MARYLAND.

and that any person interested and denying the fact that

The Court to
determine

said petition was so signed, may appeal to the Circuit Court for

upon peti-

Allegany County within fifteen days from the posting of said

tion.

notice; and within said fifteen days from the posting of said

notice any person interested may present a petition to the Cir-

cuit Court for Allegany County on the law side thereof, which

Court is hereby given jurisdiction in the premises, setting forth

the facts, whereupon the said Court shall inquire and deter-

mine, under such rules as it shall prescribe, whether said im-

provement was petitioned for by the owners of a majority of

the front feet of property abutting upon said street or alley

or part thereof, and if upon the trial it shall be determined

it was not so petitioned for, the Court shall quash said ordi-

nance, but if it shall be determined that it was so petitioned

for, the Court shall approve said ordinance. At the hearing

of said petition by the Circuit Court, either side shall be

entitled to a jury trial, and if said petition is filed during a

regular term of the Circuit Court before the jury has been

discharged, said petition shall be heard and tried at said term

of Court, and if said Court is not in session, or if the jury has

Special jury.

been discharged, then the Court may order a special jury to be

summoned of the inhabitants of Allegany County, as in cases

of condemnation of property for corporations, as provided in

Article 23, Section 248, of the Code of Public General Laws

of Maryland, except as herein otherwise provided; the said jury

shall be summoned to meet and said case shall be tried at the

usual place for holding the sessions of said Court, and if at

said time any jurors summoned do not attend, the sheriff shall

immediately summon as many jurors as may be necessary

with the jurors in attendance to make twenty jurors, and from

them each party or its, his or their agent and attorney (or if

either party shall neglect or refuse so to do), then the sheriff

may strike off four names, and from those remaining on the

list of the sheriff, shall select twelve men to act as the jury,

and shall administer to each of the jury the usual oath admin-

istered to jurymen in the trial of civil actions in said Court.

But it shall be lawful for either party to waive a jury trial

Either side

and to consent that the matter shall be tried before the Court,

may appeal
to the high-

and said Court shall then try said case upon its regular trial

er court.

docket if the Court be in session when the said petition is

filed, or may try said case at such time as it shall set before the

adjournment of the then pending term, if that be possible.

And upon the trial of said petition either side may take

exceptions to the ruling of the Court upon matters of law, in

the usual way, and may appeal to the Court of Appeals from