ART. 3.] STREETS. 247

efits assessed, may at any time within thirty days after
the first publication of said notice, appeal therefrom by peti-
tion in writing to the circuit court for Baltimore county, pray-
ing said court to review the same, and the court shall direct
the clerk of said court to issue a subpoena, duces tecum to the
county commissioners, requiring them to produce and deliver to
said court the statement, plat and profile; and the said court
shall have full power to hear and fully examine the subject, and
decide on said appeal, and the person appealing shall have the
right of a jury trial; the said court shall not neglect or set aside
the statement and proceedings of said examiner or examiners, for
any defect or omission in either form or substance, but shall
amend or supply all defects and omissions and increase or reduce
the amount of damages awarded, or of benefits assessed in any
case, and alter, modify and correct the statement in all or any of
its parts, as the said court shall deem just and proper; and in
case a motion is filed to quash the proceedings in said case, or
any other objections 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 sub-
served; and in case of any motion to quash for matters of form
or substance, where 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 examiner or examiners for that purpose, whenever
the ends of justice may be secured and delay or expense may be
saved thereby; and when final judgment is entered by the circuit
court in any case, said court may determine 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 their verdict, in case of jury trial, and in case of trial
before the court, at any time before judgment is entered; and if
no appeal shall be taken within the time designated, or if the ap-
peal 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 deposited by the said examiner or ex-
aminers; and after the ratification and confirmation of such state-