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Session Laws, 1943
Volume 584, Page 1793   View pdf image (33K)
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HERBERT R. O'CONOR, GOVERNOR, 1793

apply to Anne Arundel County. In lieu thereof, the following
provisions shall be applicable to said county:

Any applicant for a license, licensee or duly qualified pro-
testant aggrieved by any decision of the Board of License Com-
missioners for Anne Arundel County, may appeal within ten
days from the date of the decision to the Circuit Court for Anne
Arundel County. Such appeal shall be instituted by filing
in said Court a petition, a copy of which shall be served upon
the Board and any other party to the cause before the Board;
which petition shall set forth in clear and concise terms the
errors alleged to have been committed by said Board and the
grounds upon which a reversal of its decision is requested.

The Board shall certify and file in the Court a complete
transcript of the record upon which the order complained of
was entered upon the payment by the appellant to the Board
of the costs incident to the hearing before the Board. The
Board may by rule or regulation fix a minimum appeal fee and
such fee or costs shall not be recoverable from the Board.
Upon filing of such transcript, the Court sitting without a
jury, shall have exclusive jurisdiction to affirm, modify, or set
aside such order in whole or in part.

No objection to the order of the Board shall be considered
unless such objection shall have been urged before the Board,
or unless there were reasonable grounds for failure so to do.
The finding of the Board as to facts, if supported by evidence,
shall be conclusive. '

If any party shall apply to the Court for leave to adduce
additional evidence, and shall show to the satisfaction of the
Court that such additional evidence is material and that there
were reasonable grounds for failure to adduce such evidence
before the Board, the Court may order such additional evi-
dence to be taken before the Board, upon such terms and con-
ditions as to the Court may seem proper. The Board may
modify its findings as to the facts by reason of the additional
evidence so taken, and it shall file with the Court such modi-
fied or new findings and thereafter the Court shall proceed to
determine said appeal as herein provided.

The judgment of the Court affirming, modifying or setting
aside, in whole or in part, any such order of the Board shall be
final. An appeal shall operate as a stay of the order of the
Board, provided, however, that the Court may in its discre-
tion order that the appellant file an appeal bond in the penalty
of from |50. 00 to f 500. 00 as a prerequisite to the appeal operat-
ing as a stay.

The cost of such appeal shall be assessed as in the manner
provided for in appeals from the verdicts of Magistrates in
criminal cases.

57

 

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Session Laws, 1943
Volume 584, Page 1793   View pdf image (33K)
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