FRANK BROWN, ESQUIRE, GOVERNOR.

posed 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 ma-
jority of front feet of property abutting on the line of the pro-
posed improvement, and that any person interested and deny-

307

ing the fact that said petition was so signed, may appeal to the
Circuit Court for Allegany County within fifteen days from
the posting of said notices; and within said 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 jurisdiction in the
premises, setting forth the facts; whereupon the 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 the front feet of property abutting upon said street
or alley, or part thereof; and if upon the trial it shall be deter-
mined it was not so petitioned for, the court shall quash said
ordinance; but if it shall be determined that it was so petitioned
for, the court shall approve said ordinance. At the hearing of
said petition by the Circuit Court, either side shall be entitled
to a jury trial; and if said petition is filed during a regular term
of the Circuit Court, before the jury has been discharged, said
petition shall be heard and tried at said term of court; and if
said court is not in session, or if the jury has been discharged,
then the court may order a special jury to be summoned, of
the inhabitants of Allegany county, as in cases of condemna-
tion of property by corporations, as provided in article 23,
section 248, of the Code of Public General Laws of Maryland,
except as herein otherwise provided, and said jury shall be
summoned to meet and said case sha.ll be tried at the usual
place for holding the sessions of said court; and if at said time
any jurors summoned do not attend, the sheriff shall imme-
diately summons as many jurors as may be necessary, with the
jurors in attendance, 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 so to do) then the sheriff may
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 administered 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 shall 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

Appeal to
Circuit
Court,