| 1790.
CHAP.
XLII. |
LAWS of MARYLAND.
the judgment excepted to shall be reversed, the court of appeals shall
direct their
clerk to return the transcript of the record to the clerk of the general
court,
with a writ of procedendo to the judges of the general court,
directing 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
question by them decided; and the general court, on receiving such writ
of
procendendo, shall 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 shall direct such cause to be tried at the court
to which the
said writ of procendendo shall be returned, if the plaintiff or
defendant shall give
notice of trial at such court, above thirty days before the sitting thereof,
to the
adverse party or his attorney at law or in fact, and the trial can be had
at such
court with justice to the parties, and if not, such action may be continued
in like
manner as other actions, according to the discretion of the court; and
the appellee
on such reversal may be compelled to pay the costs in the court of appeals,
by execution issued therefrom returnable thereto or to the general court,
and all
former and future costs, in the general court, of such action, shall
abide the final
event thereof; and if the appeal or error shall be made for several
exceptions, the
court of appeals shall give judgment on every exception. |
In cases of appeal,
general
court may
proceed to
trial, &c. |
II. And be it
enacted, That in all cases of appeals or writs of error, hereafter
to be prosecuted or brought before the general court by the plaintiff upon
a bill
or bills of exception, where the judgment excepted to shall be reversed,
that the
general court may, in their discretion, retain such action, and proceed
to the trial
thereof, in the same manner as if originally and legally commenced in the
general
court, and may direct the trial thereof, if the same can be had with justice
to the
parties, at the court of reversal, or they may continue the same in like
manner as
other actions, or they may direct their clerk to return the transcript
of the record
to the clerk of the county court that gave the judgment, with a writ of
procedendo
to such county court, directing 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 general
court shall be conclusive in law as to the question by them decided; and
such
county court, on receiving such writ of procendendo, shall proceed
in such action,
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 shall direct
such action
to be tried at the court to which the said writ of procendendo shall
be returned, if
the plaintiff or defendant shall give notice of trial at such court, above
thirty
days before the sitting thereof, to the adverse party, or to his attorney
at law or
in fact, and the trial can be had at such court with justice to the parties,
and if
not, such action may be continued in like manner as other actions, according
to
the discretion of the court; and the appellee on such reversal may be compelled
to pay the costs in the general court, by execution issued therefrom, returnable
thereto or to the county court that gave the judgment; and all former and
future
costs, in the county court, of such action, shall abide the final event
thereof;
and if the appeal or error shall be made for several exceptions, the general
court
shall give judgment on every exception; Provided, that nothing herein contained
shall prevent the party against whom judgment shall be rendered by the
general
court, on such appeal, from appealing, or prosecuting a writ of error,
to the
court of appeals, according to the law of the land. |
Court of appeals
may direct
a new trial
in certain
cases, &c. |
III. And be
it enacted, That in all cases of appeals, or writs of error, hereafter
to be prosecuted or brought before the court of appeals by the defendant
upon a
bill or bills of exceptions, where the judgment excepted shall be reversed,
and
it shall clearly appear to the said court that justice and the merits of
the case require
that there should be a new trial of the cause, the said court shall direct
their
clerk to return a transcript of the record to the clerk of the general
court, with a
writ of procendendo to the judges of the general court, directing
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 |
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