948 LAWS OF MARYLAND. [CH. 787

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, re-
quirement, decision, or determination appealed from and
may make such order, requirement, decision, or determi-
nation 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 determination of any such 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 any tax-
payer, or any officer, department, board or bureau of the
municipality may present to the Circuit Court for Worces-
ter County, Maryland, a petition, duly verified, setting
forth that such decision is illegal in whole or in part, spe-
cifying 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 thereto 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 ap-
pealed 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
testimony 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 determination of the court shall be made. The
court may reverse or affirm, wholly or partly, or may
modify the decision brought up for review.