1612 LAWS OF MARYLAND. [CH. 705

In exercising the above-mentioned powers such board may,
in conformity with the provisions of this Act, reverse or
affirm, wholly or partly, or may modify the order, requirement,
decision, or determination appealed from and may make such
order, requirement, decision, or determination as ought to
be made, and to that end shall have all the powers of the
officer from whom the appeal is taken.

The concurring vote of four members of the board shall be
necessary to reverse any order, requirement, decision, or de-
termination of any such administrative official, or to decide
in favor of the applicant on any matter upon which it is re-
quired to pass under any such ordinance, or to effect any
variation in such ordinance.

Any person or persons jointly or severally aggrieved by
any decision of the Board of Zoning Appeals, or any taxpayer,
or any officer, department, board or bureau of the munici-
pality, may present to a court of record a petition, duly veri-
fied, setting forth that such decision is illegal, in whole or in
part, specifying the grounds of the illegality. Such petition
shall be presented to the court within 30 days after filing of
the decision in the office of the board.

Upon the presentation of such petition the court may allow an
appeal to review such decision of the Board of Zoning Appeals
and shall prescribe therein the time within which a return there-
to must be made and served upon the relator's attorney, which
shall not be less than 10 days and may be extended by the
court. The allowance of the appeal shall not stay proceedings
upon the decision appealed from, but the court may, on appli-
cation, on notice to the board and on due cause shown, grant
a restraining order.

The Board of Zoning Appeals shall not be required to
return the original papers acted upon by it, but it shall be
sufficient to return certified or, sworn copies thereof of or
such portions thereof as may be called for by such appeal. The
return shall concisely set forth such other facts as may be
pertinent and material to show the grounds of the decision
appealed from and shall be verified.

If, upon the hearing, it shall appear to the court that
testimony is necessary for the proper disposition of the matter,
it may take evidence or appoint a commissioner to take such evi-
dence as it may direct and report the same to the court with
his findings of fact and conclusions of law, which shall consti-
tute a part of the proceedings upon which the determination