DORCHESTER COUNTY. 2209

County, upon giving a bond to the State of Maryland in the penalty of
five hundred dollars, with sureties, approved by the clerk of said court,
conditioned for the prosecution of said appeal, with effect and for the pay-
ment of the costs of the appeal in case the court should adjudge the pay-
ment thereof by the appellants. Upon the taking of the appeal the Com-
missioners shall transmit all the papers in the case to the clerk of said
court, and he shall docket a case in the civil appeal docket of the next
term thereof, and the case shall stand for trial at the same, and shall be
tried de novo. Under an agreement in writing, signed by the parties or
their counsel, the case may be submitted to the court without the interven-
tion of a jury, and the court shall have full power and authority to per-
form all the functions of a jury. In the absence of such agreement the
court shall order the sheriff to summon twenty male residents of the said
town, over twenty-five years old, and not interested directly or indirectly
in the property to be condemned, and not related by blood or marriage to
any of the parties or persons owning said property.

Either party to the appeal may challenge any of the twenty jurors as
not qualified to act, as above mentioned; and if any juror challenged shall
be held disqualified, another person shall be summoned in his place.
no challenge is made or any challenge made has been disposed of, a panel
of twelve men shall be chosen therefrom in the usual manner and shall be
sworn. Thereafter no objection shall be heard or allowed against the pro-
ceedings on account of the disqualification of any member of the jury
Upon the finding of the court, if the case is submitted to the court, with-
out the intervention of a jury, or on the finding of the jury, the court shall
by its order affirm the original inquisition or it shall modify the same, and
shall decide which party shall pay the costs of the appeal, and the court
shall also determine whether before issuing the warrant to the sheriff the
Commissioners made such offer and tender for the purchase of the land as
renders the owners thereof bound to pay the costs incurred by the Com-
missioners in the condemnation proceedings. The order and decision of
the court, when an appeal is taken affirming or modifying the inquisition,
shall also form a part of the record of proceedings, to be recorded among
the land records in the clerk's office within three months after the time for
taking an appeal has expired, or in the case of an appeal within three
months after the decision thereof, the Commissioners shall determine
whether they will accept and take the property under the condemnation.
If within three months as, aforesaid, said Commissioners shall not pay or
tender the amount required to be paid in the original inquisition or in the
order of court on appeal, or shall not, as hereinbefore mentioned, pay the
fund into said court of equity to be distributed, the condemnation shall
lapse and be set aside.

The rights of the Commissioners under any inquisition shall not be
deemed or held prejudiced or affected by reason of a failure to recover the
proceedings of condemnation if the Commissioners have taken possession
of the property condemned.
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