BALTIMORE COUNTY. 755

motion is filed to quash the proceedings in said case or any other objec-
tions are taken to any of the proceedings, the same may be amended as
to matters of form, so that the case may be tried on its real merits and
the purposes of justice subserved; and in case of any motion to quash
for matters of form or substance, whether the defect in said proceedings
set up by said motion cannot be remedied by amendment, but shall be
capable of being cured or remedied, or where said proceedings may be
perfected by the examiner or examiners, it shall be the duty of the court,
instead of quashing said proceedings, to remand the same to said exam-
iner or examiners for that purpose, whenever the ends of justice may be
secured and delay or expense may be saved thereby and when final judg-
ment is entered by the Circuit Court in any case, said court may deter-
mine whether the costs shall be paid by the appellant or appellee, and
the amendment aforesaid may be made at any time before the jury may
retire to make up its verdict, in case of a jury trial, and in case of a trial
before court at any time before judgment is entered; and if no appeal
shall be taken within the time designated or if the appeal or appeals
should be dismissed, it shall be the duty of the County Commissioners to
ratify and confirm the statement, plat and profile as returned and depos-
ited by the said examiner or examiners, and after the ratification and
confirmation of such statement, plat and profile by the County Commis-
sioners or by the decision and order of the Circuit Court, as the case may
be, the said examiner or examiners shall at such time as he or they may
deem advisable advertise for proposals for opening, grading and con-
structing said street, avenue or alley, or portion thereof applied for, by
publication once a week in one or more newspapers published in Balti-
more County and twice a week in one or more newspapers of general cir-
culation published in Baltimore City for two successive weeks, and after
examining such proposals, said examiner or examiners shall at such time
as may be deemed proper to do so award the contract to the lowest respon-
sible bidder and upon such terms and conditions as may be deemed proper
and judicious; and the said examiner or examiners are hereby empow-
ered to take and receive a bond of any contractor, with a penalty to the
County Commissioners, for the prompt and faithful performance of the
work to be done and of the contract entered into.

P. W. & B. R. R. Co. v. Shipley, 72 Md- 88. Frieden-wald v. Shipley, 74 Md. 220.

P. L. L. (1888), Art. 3, sec. 227. 1876, ch. 399. B. Co. C. (1908), sec. 388.
1914, ch. 517. 1916, sec. 531. 1928, sec. 627.

627. Whenever it shall be necessary, in order to effect the object pro-
posed, that a house or improvement of any kind, or any part thereof,
should be taken, used, destroyed or removed, the examiner or examiners
shall examine the matter, and if in their opinion it should be practicable
to remove such house or improvement to any other part of the grounds
of the owner thereof and to put the same in as good condition and repair
as it was in before such removal, the said examiner or examiners shall
make an estimate of the probable cost of such removal and repairs, and
if the owner should agree in writing to such removal and repairs, then