872 LAWS OF MARYLAND.

aminers for any defect or omission in either form or substance,
but shall amend or supply all defects and omissions and increase
or reduce, the amount of damages awarded, or of benefits as-
sessed in any case, and alter, modify and correct the statement
in all or any of its parts, as the said Court shall deem just and
proper; and in case a motion is filed to quash the proceedings
in said case, or any other objections are taken to any of
the proceedings, the same may be amended as to mat-
ters of form, so that the case may be tried on its
real merits, and the purposes of justice subserved;
and in case of any motion to quash for matters of
form or substance, where the defect in said proceed-
ings set up by said motion cannot be remedied by amend-
ment, but shall be capable of being cured or remedied, or where
said proceedings may be perfected by the examiner
or examiners, it shall be the duty of the Court, instead of quash-
ing said proceedings to remand the same to said examiner or ex-
aminers for that purpose, whenever the ends of justice may be
secured and delay or expense may be saved thereby; and when
final judgment is entered by the Circuit Court in any case, said
Court may determine whether the costs shall be paid by the ap-
pellant or appellee, and the amendment aforesaid may be mp.de
at any time before the jury may retire to make up their verdict,
in case of jury trial, and in case of trial before Court at any
time before judgment is entered; and if no appeal shall be taken
within the time designated, or if the appeal or appeals should be
dismissed, it shall be the duty of the County Commis-
sioners to ratify and confirm the statement, plat and
profile as returned and deposited by the said examiner or
examiners; and after the ratification and confirmation of surh
statement, plat and profile by the County Commissioners,
or by the decision and order of the Circuit Court, as
the case may be, the said examiner or examiners shall
at such time as he or they may deem advisable, advertise
for proposals for opening, grading and constructing such street,
avenue or alley, or portion thereof applied for, by publication
once a week in one or more newspapers published in Baltimore
County, and twice a week in one or more newspapers of general
circulation, published in Baltimore City, for two successive
weeks; and after examining such proposals said examiner or ex-
aminers shall, at such time as may be deemed proper to do so,
award the contract to the lowest responsible bidder, and upon
such terms and conditions as may be deemed proper and judi-
cious ; and the said examiner or examiners are hereby empowered