1084 LAWS OF MARYLAND. [CH. 415

payer, or any officer, department or branch of the municipality,
may present to a court of record a petition, duly verified, set-
ting- 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 de-
cision 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 Ap-
peals and shall prescribe therein the time within which a re-
turn thereto must be made and served upon the relator's at-
torney, which shall not be less than ten days and may be ex-
tended by the court. The allowance of the appeal shall not
stay proceedings upon the decision appealed from, but the
court may, on application, 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 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 testi-
mony is necessary for the proper disposition of the matter,
it may take evidence or appoint a commissioner to take such
evidence as it may direct and report the same to the court
with his findings of fact and conclusions of law, which shall
constitute a part of the proceedings upon which the determi-
nation of the court shall be made. The court may reverse, or
affirm, wholly or partly, or may modify the decision brought
up for review.

All issues in any proceeding under this section shall have
preference over all other civil actions and proceedings.

8. ENFORCEMENT AND REMEDIES. The Mayor and Coun-
cil of the town of Rockville may provide by ordinance for the
enforcement of this Act and of any ordinance or regulation
made thereunder. A violation of this Act or of any ordinance
or regulation made thereunder is hereby declared to be a
misdemeanor and provision may be made by ordinance for the
punishment thereof by fine or imprisonment or both, also the
ordinance may provide civil penalties for such violation.

In case any building or structure is erected, constructed, re-
constructed, altered, repaired, converted, or maintained, or