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Session Laws, 1908 Session
Volume 483, Page 494   View pdf image (33K)
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494 LAWS OF MARYLAND.

Commission as a public road as herein provided, or otherwise
acquired by the Commission for such purposes, such growing
timber, buildings, stone or other property of value, shall be
deemed and taken to become and be the property of the Commis-
sion, to be used or disposed of for road purposes, unless the con-
trary shall be stipulated in the grant of the same, the return of
the examiners, the proceedings of condemnation, or by written
agreement of the Commission.

361. Any person having property or individual rights in-
volved, and feeling aggrieved by any final decision of the High-
ways Commission affecting such rights, including its final deci-
sions in all matters in this sub-title specified, as well as all
matters coming before said Commission for determination, and
not herein specifically enumerated, shall have the right to ap-
peal from such final decision to the Circuit Court for said
county; provided that all such appeals shall be taken and the
cost of the record paid or tendered to the secretary of the Com-
mission within thirty days from the rendering of such decision
and passage of an order in conformity therewith, and if such
appeal is not so taken, or costs not so paid or tendered within
said thirty days allowed for the same, the right of appeal and
all other rights in connection with such appeal shall be consid-
ered waived; on the taking of such appeal and the payment or
tender of the costs thereof, as aforesaid, it shall be the duty of
the secretary to the Commission to forthwith prepare a tran-
script of the proceedings and transmit the same to the clerk of
the Circuit Court for Baltimore county; such appeal shall be
tried at the term of court then being held, or as soon there-
after as convenient for the court, and upon such trial the court
shall give such judgment as shall be proper, including the mat-
ter of costs, which in no event, shall be given against the High-
ways Commission, unless it be a party to the proceeding, and
the judgment so given shall be certified to the Commission by
the clerk of said court. The proceedings on such appeal shall
not be quashed because of any formal defects, and any of the
proceedings may be amended as to matters of form as fully as
if such case had originated in said court, so that the case may
be tried on its merits, and the purposes of justice subserved, or
the court may, in its discretion, remand said case to the High-
ways Commission for alteration, correction or amendment. All
persons so appealing or against whom such appeal is taken,
shall have the right to a trial by jury of all issues of fact in-
volved in such appeal as fully and in the same manner as
though the case had originated in said court; provided, how-
ever, that this section shall not apply to the orders of the High-
ways Commission in the matter of the removal of Road Super-
visors or other appointees or employes for cause, the matter of

 

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Session Laws, 1908 Session
Volume 483, Page 494   View pdf image (33K)
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