MONTGOMERY COUNTY. 3405

for the person entitled in case such person be absent, unable or unwilling
to receive the same, or the title to the property to be taken shall be in ques-
tion. In case the town or any person affected by such proceedings shall
feel aggrieved by the verdict of the commissioners appeal may be taken
within twenty days of the approval of said verdict, to the Circuit Court of
Montgomery County. The party appealing shall perfect his appeal by
filing with the town clerk a written notice of his intention so to do within
said twenty days and thereupon the clerk shall within twenty days from
said notice file a complete transcript of the proceedings with the clerk
of the Circuit Court, and said cause, unless the appeal be dismissed, shall
be tried de novo in said court at the next jury term of said court, after
said transcript is filed, in all respects, as other trials had in said court.
The verdict of the jury shall conform in all respects to the requirements of
this Section, and shall have the same force and effect as the verdict of
said commissioners.

1914, ch. 351, sec. 30.

378. Whenever it shall become necessary for any purpose under this
Act to serve a notice of process of any kind whatsoever, upon any person
or persons owning property within the limits of said town, who may be
absent therefrom or a non-resident thereof, or upon whom for any other
reason personal service can not be had, and the Bailiff shall make return
to that effect, service of said notice or process may be made by publica-
tion of said notice on process once a week for three consecutive weeks
in some newspaper having general circulation in said town, which said
notice by publication shall be as good and effectual as personal service.
The affidavit of the publisher or proprietor of said newspaper as to such
publication shall be evidence of the fact thereof.

1914, ch. 351, sec. 31.

379. The parts of the several County roads, within the limits of said
town, are hereby made and declared to be public streets and avenues of
said town and shall be from time to time improved and repaired, as in
the discretion of the Council the public interests may require and the
resources of the town will justify.

1914, ch. 351, sec. 32.

380. The Commissioners of Montgomery County, Justices of the
Peace, Sheriffs, Constables and all other County and State officers shall
have, hold and exercise their offices and jurisdiction in said town.

1914, ch. 351, sec. 33.

381. The Town of Gaithersburg is hereby declared to be the legal
successor of the Commissioners of Gaithersburg, and shall be entitled to
and is hereby vested with all the property and rights of every nature what-
soever belonging to the Commissioners of Gaithersburg; all proceedings
now pending in the name of the Commissioners of Gaithersburg shall be
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