1008

LAWS OF MARYLAND.— 1830.

*1825,ch
167.

CHAPTER 186,

AN additional SUPPLEMENT to the ACT* to prevent unnecessary accumu-
lation of Costs in Civil Suits.

No tax to
be paid on
account of
great seal
affixed.

SEC. 1. Be it enacted, by the General Assembly of Maryland,
* That in all cases of appeals or writs of error prosecuted or
brought before the court of appeals by the plaintiff, upon a bill
or bills of exceptions, when the judgment excepted to shall be
affirmed, and it shall appear to the said court that the substan-
tial merits of the case are not determined by the said judgment,
the said court of appeals shall and may, in their discretion
direct their clerk to return the transcript of the record to the
clerk of the county court which gave the judgment, with a writ
of procedendo to the judges of said county court, commanding
them to proceed in such action, and to a new trial thereof, in
the same manner as if no trial had taken place, or any appeal
had been prosecuted, or writ of error brought; and the opinion
of the court of appeals shall be conclusive in law as to the ques-
tion by them decided; and the said county court shall there-
upon proceed in such action by amendment of pleadings, or
otherwise, in manner and form as is now practised in cases

Proviso.

where writs of procedendo issue under the existing laws ; Pro-
vided, that nothing herein contained shall be construed to au-
thorize the return of any transcript in any cause where the
judgment of the court of appeals would be a bar to a new-
action brought upon the same cause.
SEC. 2. And be it enacted, That in all cases of appeals, or
writs of error, prosecuted or brought before the court of appeals
upon a bill or bills or exception taking to the opinion of any
county court upon any question of location of land, where the

(*reversed)

judgment shall be affirmed or reserved,* and it shall become
necessary, for the purposes of justice, to remand the cause to
the county court which gave the judgment with a writ of pro-
cedendo, it shall be and hereby is made the duty of the court of
appeals to instruct the said county court as to the manner in
which the said location shall be made.

CHAPTER 187.

AN ACT relating to the Court of Chancery.

Levy au-
thorized.

Be it enacted, by the General Assembly of Maryland, That
from and after the passage of this act, no tax shall be de-
manded or paid on account of having affixed to any paper,
issuing out of the court of chancery of this state, the great
seal thereof, any law to the contrary notwithstanding.