228 LAWS OF MARYLAND. [Ch. 109]

of such decision and passage of an order in conformity there-
with, and if such appeal is not so taken, or costs not so paid or
tendered within said thirty days allowed for 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
payment or tender of the costs thereof, as aforesaid, it shall be
the duty of the clerk to the said commissioners to forthwith pre-
pare a transcript of the proceeding and transmit the same to
the Clerk of the Circuit Court for Montgomery County such
appeal shall be tried at the term of the 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 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.

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 suck
appeal as fully and in the same manner as though the case had
originated in the said court.

l77U. 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 the 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.

SEC. 2. And be it further enacted, That five new sections be
added to Article 16 of the Code of Public Local Laws, title
"Montgomery County," sub-title "Roads," to follow section
177U, to be known as sections 177V, 177W, 177X, 177Y, and
177Z, and to be and read as follows:

177V. No franchise or right in relation to any highway,
avenue, street, lane or alley, either on, above or below the sur-
face of this same, shall be granted by the County Commissioners