676

LAWS OF MARYLAND.

County Commissioners of Baltimore county their

certified statement of the same, together \uth the

explanatory plat and profile; and said statement,

plat and profile, shall be filed by said commissioners

as one of the records of said county ; and said ex-

aminers, within ten days after so depositing said

statement, plat and profile, shall give notice thereof

by advertisement once a week tor two successive

weeks in one or more newspapers published in Bal-

timore county, and in one or more newspapers pub-

lished in Baltimore city.

SEC. 4. And be it enacted, That any person, per-

Appeal when

sons or corporation that may be dissatisfied with the

dissatisfied.

damage allowed or benefits assessed, may at any

time within twenty days after the first publication

of notice of the deposising of the statement, plat

and profile, with the county commissioners, appeal

therefrom, by petition in writing, to the Circuit

Court of Baltimore county, and the court shall di-

rect the clerk of said court to docket such appeals

as of the then pending term, and issue a subpoena,

duces tecum, to the County Commissioners of Balti-

more county, requiring them to produce and deliver

to the said clerk the statement plat and profile; and

the said court shall hear and determine such ap-

peals as soon as practicable, and the person, or per-

Right to jury

sons so appealing shall have the right to a jury trial ;

trial.

and the said court shall not reject or set aside the

statement and proceedings of said examiners for any
detect or omission in either form or substance, but

shall amend or supply all defects and omissions, and

increase or reduce the amount of damages or bene-

fits assessed in any case, and alter, modify and cor-

rect 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 objection is taken to any of the pro-

ceedings, 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 sub-

stance, 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 ex-