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782 LAWS OF MARYLAND.
the Circuit Court for said County; provided that all such ap-
peals shall be taken and the cost of the record paid or tendered
to the chief clerk and auditor of the County Commissioners of
Baltimore County, 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 ten-
dered within said thirty days allowed for the same, the right
of appeal and all other sights in connection with such appeal
shall be considered waived; on the taking of such appeal and
the payment of tender of the costs thereof, as aforesaid, it shall
be the duty of the chief clerk and auditor to the said County
Commissioners to forthwith prepare a transcript of the pro-
ceedings 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 thereafter as con-
venient 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 pro-
ceeding, and the judgment so given shall be certified to the said
County Commissioners by the Clerk of said Court. The pro-
ceedings 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 dis-
cretion, remand said case to the said County Commissioners 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 involved in such appeal as
fully and in the same manner as though the case had originated
in said Court; provided, however, that this Section shall not
apply to the orders of the County Commissioners of Baltimore
County in the matter of the removal of Road Supervisors or
other appointees or employes for cause, the matter of awarding
contracts for labor or materials, or other matters in which
powers of discretion are vested in them under the provisions of
this Act.
361. The County Commissioners of Baltimore County shall
have the power to issue subpoenas for witnesses, and the presi-
dent thereof shall have power to administer the oath to any
witness who may be examined before the said County Commis-
sioners, said oath to have all the qualities of an oath taken be-
fore any other judicial tribunal or officers, and violations thereof
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