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Petition for re
paving, etc.
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writing of the owners of a majority of front feet of property
"abutting on any street or alley, or part of any street or alley
(not less than a block), verified by the affidavit of one or
more parties to said petition, cause the same to be regraded,
repaved, recurbed, sewered or otherwise improved, and with
such materials and upon such general plan, if any plan is
specified, as the said petitioners shall apply for in said
petition. After the passage or approval of any ordinance
for regrading, repaving, recurbing, sewering or otherwise
improving any street or alley or any part thereof under this
section, notice shall, within ten days thereafter, be given by
handbills posted in conspicuous places along the line of the
proposed improvement, which notice shall state the fact of
the passage or approval of the ordinance, the date of its
passage or approval, that the petition was signed by the
owners of a majority of front feet of property abutting on the
line of the proposed improvement; and anyone interested and
denying the fact that said petition was so signed may appeal
to the Circuit Court of Allegany county within fifteen days-
from the posting of said notices; any person interested may
present a petition to the Circuit Court for Allegany county,
on the law side thereof, which court is hereby given jurisdic-
tion in the premises, setting forth the facts whereupon said
court shall inquire and determine, under such rules as it
shall prescribe, whether said improvement was petitioned for
by the owners of a majority of front feet of property abut-
ting on said street or alley or part thereof, and if upon the
trial it shall be determined it was not so petitioned for, the
court shall quash said ordinances, but if it shall be deter-
mined it was petitioned for the court shall approve said
ordinance. At the hearing of said petition by the Circuit
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Entitled to
jury trial.
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Court either party shall be entitled to a jury trial, and if the
said petition shall be filed before a regular session of the
Circuit Court, before the jury has been discharged, said peti-
tion shall be heard and tried at said term of court, and if
said court is not in session and the jury has been discharged
then the court may order a special jury summoned, of the
inhabitants of Allegany county, as in the case of condemna-
tion of property for corporations, as provided in Article 23,
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