J. MILLARD TAWES, GOVERNOR 63

under this article, may have the same reviewed by a proceeding in
the nature of an appeal and initiated in the circuit court of the
county or in the common law courts of Baltimore City having jur-
isdiction over the place where the accident occurred or over the per-
son appealing from such decision, and the court shall determine
whether the Commission has justly considered all the facts con-
cerning the injury, whether it has exceeded the powers granted it
by the article, and whether it has misconstrued the law and facts
applicable in the case decided. In the event that an appeal shall be
taken to a court other than the circuit court of the county or to a
common law court of Baltimore City having jurisdiction over the
place where the accident occurred or over the person appealing from
such decision, the court shall on motion of either party transfer such
appeal to the proper tribunal, so that the said appeal may be heard
on its merits in the court having jurisdiction to hear the same. If
the court shall determine that the Commission has acted within its
powers and has correctly construed the law and facts, the decision
of the Commission shall be confirmed; otherwise it shall be reversed
or modified. Upon the hearing of such an appeal the court shall,
upon motion of either party filed with the clerk of the court accord-
ing to the practice in civil cases, submit to a jury any question of
fact involved in such case provided, however, that in all appeals in
which occupational diseases are involved, the findings of fact by
the Commission shall be final and not subject to review or modifi-
cation by the court or be submitted to a jury. The proceedings in
every such an appeal shall be informal and summary, but full op-
portunity to be heard shall be had before judgment is pronounced.
No such appeal shall be entertained unless notice of appeal shall
have been served personally upon some member of the Commission
or the secretary of the Commission within thirty days following the
rendition of the decision appealed from. In the event that the thirti-
eth day falls on a day on which the offices of the Commission are
legally closed, then the time f or the filing of the appeal shall be ex-
tended until the next day on which the offices of the Commission are
legally open. An appeal shall not be a stay of any order of the
Commission directing payment of compensation or the furnishing of
medical treatment. If the decision of the Commission shall be changed
or modified, the practice prevailing in civil cases as to the payment
of costs and the fees of medical and other witnesses shall apply. In
all such appeals upon suggestion in writing, under oath, of either
of the parties to said proceedings that such party cannot have a fair
and impartial trial in the court in which the same may be pending,
the said court shall order and direct the record of proceedings in
such appeal to be transmitted to some other of the circuit courts of
the counties, or common law courts of Baltimore City for trial. Ap-
peal shall lie from the judgment of the circuit court of the county
or the common law courts of Baltimore City to the Court of Appeals
AS in other civil cases. All appeals from the Commission shall have
precedence over all cases except criminal cases.

SEC. 2. And be it further enacted, That this Act shall take effect
June 1, 1960.

Approved March 2, 1960.