LAWS OF MARYLAND.— 1832.

1081

been in the first instance awarded by the chancellor or the said
judges or judge of the said county courts as courts of equity, and
when an appeal shall be allowed in the manner aforesaid, from

an order dissolving an injunction, such appeal shall be heard and
determined at the next term of the said court of appeals, if
allowed in the recess of that court, of by the then sitting court,
when allowed during the session of that court.

Trial
thereof.

CHAPTER 208.
AN ACT respecting Appeals in cases of Issues sent for Trial from Orphans
Court.

SEC. 1. Be it enacted, by the General Assembly of Maryland,
That in all cases now pending or which may hereafter arise,
where an issue or issues have been, or may be sent by any
orphans court for trial, in any county court of this state, and
where any of the parties interested in the trial aforesaid, have

Case of
trial.

taken or shall take, and tender any exceptions to any opinion of
the court, before whom such issue or issues shall be tried, after
verdict rendered on such issue or issues, and appeal from such
opinion prayed by the party, excepting as aforesaid, a transcript
of the matter and proceedings in said county court, and of said
bills of exceptions, shall by said county court, be transmitted to
the court of appeals, of the shore where such issues have been,

Where ex-
ceptions are
taken.
And appeal
prayed.
Transcript
to be trans- .
milted.

or shall be tried ; and the said court of appeals, shall hear and
determine said exceptions, at the first term to which such tran-
script shall be transmitted ; unless cause to the contrary, be

Trial there-
of at first
term.

shewn to said court of appeals ; and if said court of appeals shall
overrule any opinion aforesaid, of said county court; said court

Case of

overruling.

of appeals, shall by order or writ of procedendo, remand the case
and proceedings to the county court aforesaid, with a certificate
of the decision of said court of appeals, on each and every ex-
ception taken and transmitted as aforesaid ; and thereupon said

Procedendo

county court shall proceed anew, with the trial of said issue or
issues.

New trial.

SEC. 2. And be it enacted, That the said appeal to the court
of appeals, shall while pending, stay all proceedings of the said
orphans court; touching the matter and object of said issue
or issues.

Proceedings
staved.

SEC. 3. And be it enacted, That if the case and proceedings
aforesaid, shall not be remanded to the county court as afore-
said ; the court of appeals may at its discretion allow and render
judgment for costs against appellant, or appellants, to be recov-
ered and enforced, as in case of costs awarded on appeals, from
judgments at common law.

136

Authority
to give judg-
ments for
cost.