1336 LAWS OF MARYLAND. [CH. 599

to return certified or sworn copies thereof or of such por-
tions thereof as may be called for by such writ. The re-
turn shall concisely set forth such other facts as may be
pertinent and material to show the grounds of the decision
appealed from and shall be verified.

If, upon the hearing, it shall appear to the court that
testimony is necessary for the proper disposition of the
matter, it may take evidence or appoint a referee to take
such evidence as it may direct and report the same to the
court with his findings of fact and conclusions, of law,
which shall constitute a part of the proceedings upon which
the determination of the court shall be made.

Costs shall not be allowed against the board unless it
shall appear to the court that it acted with gross negli-
gence, or in bad faith, or with malice in making the de-
cision appealed from.

All issues in any proceeding under this section shall have
preference over all other civil actions and proceedings.

SEC. 14. EXISTING PLANNING AND ZONING COMMIS-
SIONS. The Commission appointed under this Act shall
have all powers granted by law heretofore to any planning
or zoning commission of the municipality, and from and
after the creation of a Planning Commission hereunder in
such municipality, all powers and records of the then plan-
ning and zoning commission shall be transferred to this
Planning Commission, provided, however, that in the event
that any existing planning and zoning commission shall be
nearing the completion of its zoning plan, council may, by
resolution, postpone the said transfer of the zoning com-
mission's powers until the completion of such zoning plan;
but such postponement shall not exceed a period of six
months.

TITLE III. SUBDIVISION CONTROL.

SEC. 15. SUBDIVISION JURISDICTION. The territorial
jurisdiction of any municipal planning commission over
the subdivision of land shall include all land located in the
municipality and all land lying within one mile of the cor-
porate limits of the municipality and not located in any
other municipality, except that, in the case of any such
non-municipal land lying within one mile of more than
one municipality having a Planning Commission under this
Act, the jurisdiction of each such1 municipal Planning Com-
mission shall terminate at a boundary line equidistant from
the respective corporate limits of such municipalities.