EDWIN WARFIELD, ESQ., GOVERNOR.

447

Sections 248 to 252 inclusive, of the Code of Public General
Laws of Maryland, except as herein otherwise provided, and
said jury shall be summoned to meet, and the said case shall
be tried at the usual place for holding sessions of said
court, and if, at any time, any jurors summoned do not
attend the sheriff shall immediately summon as many
jurors as may be necessary, with the jurors in attend-
ance to make twenty jurors, and from them each party,
or its, his or their agent or attorney, (or if either party
shall neglect or refuse to do so), then the sheriff shall

CHAP. 262

strike off four names and from those remaining on the
list, the sheriff shall select twelve to act as the jury, and
shall administer to each of the jury the usual oath adminis-
tered to jurymen in the trial of civil actions in said court,
but it shall be lawful for either party to waive a jury trial,
and to consent that the matter should be tried before the
court, and said court shall then try said case upon its regular
trial docket, if the court be in session when said petition is
filed, or may try said case at such time as it shall set, before
the adjournment of the then pending term, if that be possi-
ble. And upon the trial of said petition, either side may
take exceptions to the rulings of the court upon matters of
law, in the usual way, and may appeal to the Court of
Appeals from such rulings, and if the judgment shall be
against the petitioner, he shall pay all the costs of said trial,
including the cost of the jury; and if in his favor, the said
costs shall be paid by the Mayor and Councilmen of Frost-
burg. If no petition shall be filed as aforesaid, said ordi-
nance shall be approved, the said Mayor and Councilmen
may proceed with said improvement, and thereafter all par-
ties interested shall be stopped from denying the fact that
said petition to the Mayor and Councilmen was signed by
the owners of a majority of front feet of property on said
street or alley, or part thereof, to be improved as required
by this section. And the Mayor and Councilmen may

Jury to be se-
lected.

appoint commissioners, as provided in Article 1, Section 165
of the Code of Public Local Laws of the State of Mary-
land, entitled "Allegany County," sub-title "Frostburg,"
as hereby amended, to assess and levy upon the owners of
property abutting on the street or alley, or the part thereof
to be improved, according to the number of front feet owned
by them, not exceeding two-thirds of the cost of said improve-

Appointment
of commls
sioners.