606 LAWS OF MARYLAND. [CH. 229

connection with the opening of any new road, for the construc-
tion or repair of any bridge, the relocating, straightening or
widening of any road, the proper drainage of the roads of the-
County, or in connection with any other of the duties under this
sub-title, and if they be unable for any reason to agree with the-
owners of any such land or materials, the use of which is
required for any such purpose, and if other provisions of this
sub-title shall not in any such case be applicable or advisable
under the circumstances, said Commissioners may proceed to
condemn the same under the provisions of the law relative-
to condemnation by corporations, municipal or otherwise, as
fully as though they were a corporation named in the several
sections of said law.

177S. Any persons having property or individual rights-
involved and feeling aggrieved by any final decision of the-
said County Commissioners affecting such rights, including1
their final decisions in all matter in this sub-title specified,,
shall have the right to appeal 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 clerk of said commissioners within thirty days from the-
rendering of such decision and passage of an order in conform-
ity 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 considered 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 clerk to said Commis-
sioners to forthwith prepare a transcript of the proceeding
and transmit the same to the Clerk of the Circuit Court for
Montgomery County, such appeal to be tried at the term of
Court then being held, or as soon thereafter as convenient
for the Court, and upon such trial the Court shall give such
judgment as shall be proper, including the matter of costs,
which in no event shall be given against the said County-
Commissioners unless they be a party to the proceedings, and'
the judgment so given shall be certified to the said Commis-
sioners by the Clerk of said Court.

The proceedings on such appeal shall not be quashed be-
cause of any formal defect, 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