174: APPEALS AND ERRORS. [ART. 5

1904, art. 5, sec. 85. 1888, art. 5, sec. 82. 1860, art. 5, sec. 49.
1853, ch. 220, sec. 13. 1876, ch. 193.'

85. Upon such appeal either party shall have a right to a trial by
jury, and the said circuit court shall be authorized to ratify, reject,
alter or amend the proceedings before the county commissioners and in
said court, so as to bring the merits of the case fairly to trial; and the
said court is hereby further authorized to pass such judgment in the
case as the county commissioners ought to have passed, including costs;
and such judgment shall be final, and may be enforced by due process
of law.

The right of amendment under the Act of 1876. ch. 193, does not extend
to allowing the original petition to be amended in those particulars upon
which the original jurisdiction of the county commissioners depend. Shueey
v. Stoner, 47 Md. 169.

There is no right of removal from the circuit court in the exercise of
its appellate jurisdiction. Hoshall v. Hoffacker, 11 Md. 363.

There is no appeal from an order of the county commissioners appoint-
ing examiners. Gist v. Owiugs, 95 Md. 307.
See notes to sec. 84.

Appeals from Justices of the Peace.

Ibid. sec. 86. 1888, art. 5, sec. 83. 1860, art. 5. sec. 50.
1852. ch. 239. sec. 3. 1872, ch. 182.

86. Any party aggrieved thereby may appeal from any judgment of
a justice of the peace to the circuit court for the county, or the Balti-
more city court, as the case may be, at any time within sixty days from
the rendition of such judgment; and the court to which such appeal is
taken shall hear the case de novo and determine the same according to
law, and the equity and right of the matter; and this section shall be
construed to include all actions of debt for the collection of fines,
penalties and forfeitures imposed by any law of the State, and which
are made recoverable before a justice of the peace, in which a right of
appeal may not be given by the law imposing the same.

Jurisdiction.

Unless the question of jurisdiction is raised, there is no appeal from
the decision of the circuit court or the Baltimore city court on an appeal
from a Justice of the peace. Shipler v. Broom, 62 Md. 319; Zitzer v. Jones
48 Md. 115; Cole v. Hynes, 46 Md. 181; Handle v. Suttou, 43 Md. 66.

No appeal to the court of appeals lies from the action of a justice who
has Jurisdiction. This section points the remedy in such cases. Weed v.
Lewis, 80 Md. 128.

If a party desires to test the Jurisdiction of the justice, he should apply
for a writ of certiorari, and from the action of the circuit court of Balti-
more city court on such writ, an appeal lies. Rayner v. State. 52 Md. 376:
Swann v. Cumberland, 8 Gill. 154; Hall v. State. 12 G. & J. 329.

The court of common pleas having no power to review the judgment of
a justice of the peace on habeas corpus, but having done so. the court of
appeals has the right to review such action. State v. Mace, 5 Md. 337.

Generally.

The case is disposed of by the appellate court in the same manner as
if no judgment had been rendered by the justice; the plaintiff may take
a non pros, and is at liberty to bring a new suit. The court may reverse
the case without prejudice. Borden. etc.. Co. r. Barry, 17 Md. 428. And
see Zitzer r. Jones. 48 Md. 115.