162                         LAWS OF MARYLAND.                   [CH. 93

(2)   To hear and decide special exceptions to the terms of
the ordinance upon which such board is required to pass under
such ordinance.

(3)   To authorize upon appeal in specific cases such variance
from the terms of the ordinance as is necessary to avoid arbi-
trariness and so that the spirit of the ordinance shall be ob-
served and substantial justice done.

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, de-
cision, or determination appealed from and may make such
order, requirement, decision or determination as should 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 deter-
mination of any administrative official, or to decide in favor
of the applicant on any matter upon which it is required 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 by any taxpayer,
or any officer, department or branch of the municipality, may
present to a court of record a petition, duly verified, setting
forth that such decision is illegal, in whole or in part, specify-
ing the ground of the illegality. Such petition shall be pre-
sented 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 Ap-
peals and shall prescribe therein the time within which a
return thereto must be made and served upon the relator's
attorney, which shall not be less than ten 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 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