564 LAWS OF MARYLAND. [CH. 474
(b) An appeal may be commenced by docketing in the
Court a petition stating that the petitioner is aggrieved by
the action of the said Board and desires the Court to review
the same. Thereupon a copy of the petition shall be served
upon the said Board and the case shall be promptly as-
signed for trial. The noting of an appeal shall not stay the
order of the said Board pending the determination of the
appeal, unless so ordered by the Board or by the Court.
Upon the filing of such appeal, the service of copy thereof
and the payment of costs as aforesaid, all of which shall be
a prerequisite to the hearing of the appeal, the said Board
shall forward to the Court within thirty (30, ) days there-
after all pertinent papers and a transcript of any testimony
which may have been taken at the Board hearing.
(e) Upon the hearing of such appeal, the action of the
said Board shall be presumed by the Court to be proper
and to best serve the public interest. The burden of proof
shall be 'upon the petitioner to show that the decision com-
plained of was against the public interest and that the
said Board's discretion in rendering its decision was not
honestly and fairly exercised, or that such decision was
arbitrary, or procured by fraud, or unsupported by any
substantial evidence, or that such decision, was beyond the
powers of the Board and was illegal. The case shall be
heard by the Court without the intervention of a jury. If
in the opinion of the Court the petitioner has been deprived
of the opportunity to offer evidence, or in the interest of
justice further evidence should be taken in the case, the
court may remand the case to the said Board for the taking
of such testimony, within such time and in such manner
as the Court may direct.
(d) The failure of the Court to determine an appeal
within a period of thirty (30, ) days after the record has
been filed in Court by the said Board, as above provided,
shall constitute an automatic affirmance of the said Board's
decision, unless the time has been extended by the Court
for good cause shown.
(e) If the Court reverses the action of the said Board
it shall file with the papers a written statement of the
reasons therefor. The Court may modify, as well as affirm
or reverse, the action of the said Board. Costs shall be
awarded as in other civil cases.
(f) The decision of the Court thus given shall be final
and effective at once. No further appeal shall lie to the
Court of Appeals of the State, nor shall there be any other
remedy by which the said Board's decision may be reviewed
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