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Clement Dorsey. The general public statutory law and public local law of the state of Maryland : from the year 1692 to 1839 inclusive, with annotations thereto,and a copious index.
Volume 141, Page 886   View pdf image (33K)
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886

LAWS OF MARYLAND.— 1826.

 

within the time prescribed by law after the appeal therein shall
have been entered, or the writ of error produced, he shall forfeit
and pay the sum of one hundred dollars, to be recovered by
any person who shall prosecute or sue for the same ; and such
clerk or register shall moreover be liable to the party appellant,
or party suing out such writ of error, for such damages as he,
she or they, may sustain by such refusal or delay as aforesaid.

If no record
shall be
transmitted
court, &c.
to fine
clerk, &c.

SEC. 8, And be it enacted, That if a transcript or record of
the proceedings of any judgment or decree, wherein there may
be an appeal or writ of error as aforesaid, shall not be transmit-
ted to the court of appeals within the time prescribed by law for
such appeal being made, or writ of error produced, it shall and
may be lawful for the county court of the county, or other in-
ferior court, wherein the judgment or decree shall have been
rendered, or the chancellor, as the case may be, on the produc-
tion of a certificate from the clerk of the court of appeals of the
shore, stating that no transcript or record of proceedings of such
judgment or decree hath been transmitted to or filed in his
office, to fine the clerk or register, as the case may be, in a sum
of money not exceeding one hundred dollars, unless a satisfac-
tory reason shall be given by such clerk or register, for his
neglect or delay in not transmitting a transcript or record of the
proceedings as aforesaid.

Sureties in
bonds to be
liable for
fees, &c.

SEC. 9. And be it enacted, That the sureties named in any
appeal or writ of error bond as aforesaid, and each of them,
shall be answerable for and liable to the clerk or register, for all
fees to which he shall be entitled by law for making such tran-
script or record, and transmitting the same as aforesaid ; and
they may be compelled to pay such fees, in the same manner as
if the services had been performed for them, in case of the in-
solvency or insufficiency of the party appellant, or party suing
out such writ of error; and such sureties shall, in like manner,
be answerable for, and liable to pay all fees which may accrue
in the court of appeals, against the party appellant, or party
suing out such writ of error.

Appeals,
&c. to be
admitted in
the court
of appeals.
How to be
regulated.

SEC. 10. And be it enacted, That all appeals made, and writs
of error sued out in manner aforesaid, shall be admitted and
allowed by the court of appeals, and all necessary proceedings
be permitted to be had thereon ; and the court of appeals shall
make such regulations as may be right and proper, for hearing
and determining the same; and shall upon the transcript so
transmitted on any appeal or writ of error as aforesaid, and the
proceedings thereon, give judgment, or award a writ of proce-
dendo for a rehearing of the case, as shall appear to be just.

Judgments
confessed
by way of

SEC. 11. And be it enacted, That any judgment confessed
before two justices of the peace, for staying execution on any
judgment or decree rendered in any county court, may be ap-

 

 

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Clement Dorsey. The general public statutory law and public local law of the state of Maryland : from the year 1692 to 1839 inclusive, with annotations thereto,and a copious index.
Volume 141, Page 886   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>


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