PHILLIPS LEE GOLDSBOROUGH, ESQ., GOVERNOR. 1485

same to the clerk of the Circuit Court for Montgomery County;
such appeal shall be tried at the term of the count 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 shall
be given against the said county commissioners unless they be
a party to the proceedings, and the judgment so given shall be
certified to the said commissioners by the clerk of said court.

473. The proceedings on such appeal shall not be quashed
because of any formal defect, 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 said county commis-
sioners for alteration, correction or amendment. All persons so
appealing, 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.

1910, ch. 484, sec. 177T.

474. The said county commissioners shall have the power
to issue subpoenas for witnesses, and the president thereof shall
have power to administer the oath to any witness who may be
examined before the said commissioners, said oath to have all
the qualities of an oath taken before any other judicial tribunal
or officers, and violations thereof to be punishable as other per-
juries are punishable, and the said commissioners shall have full
power to give judgment in any hearing before it as to costs,
which judgment shall be enforceable in the same manner as
other judgments for costs rendered by competent tribunals.

Ibid. sec. 177U.

475. Said commissioners shall have the power to require all
notices provided by this sub-title to be given, or which it may
be necessary to give in the course of any of its proceedings, to
be served by any of the constables of Montgomery county, and
to allow the sum of forty cents and no more for the service of
every such notice; and any constable failing to serve any such
notice or making any false return as to such service, shall be
punishable as for other similar violations of duties required by
law to be performed by him.

1910, ch. 484, sec. 177V.

476. No franchise or right in relation to any highway, ave-
nue, street, lane or alley, either on, above or below the surface
of the same, shall be granted by the County Commissioners of