JUDICIARY DEPARTMENT. 119

The act of 1872, ch. 310, purporting to authorize the court of appeals to reopen
and rehear certain cases and pass such judgment, decrees, etc., as right and justice
require, held invalid under the portion of this section providing that the " judg-
ment of the court shall be final and conclusive "; except for special cases and on
certain equitable grounds, courts may not interfere with or disturb their final judg-
ments and decrees after the lapse of the term at which they were rendered. Dorsey v.
Gary, 37 Md. 74.

An appeal held to have been regularly placed on the docket of the court of ap-
peals under this section and art. 5, sec. 43, of the An. Code. After a judgment has
become enrolled and an appeal therefrom entered, bond to stay execution filed and
the record transmitted to the court of appeals, the trial court has no jurisdiction to
entertain a motion to strike out the judgment on the ground of surprise and fraud.
United Rys. Co. v. Corbin, 109 Md. 54.

In view of the last clause of this section, the necessity for a rule argument no
longer exists and such rules are never laid. Moore v. Taylor, 81 Md. 649.

Sec. 16. Provision shall be made by law for publishing reports of all
causes argued and determined in the Court of Appeals, which the Judges
shall designate as proper for publication.
See art. 80, sec. 5, of the An. Code.

Sec. 17. There shall be a Clerk of the Court of Appeals, who shall be
elected by the legal and qualified voters of the State, who shall hold his
office for six years, and until his successor is duly qualified; he shall be
subject to removal by the said Court for incompetency, neglect of duty,
misdemeanor in office, or such other cause or causes as may be prescribed
by law; and in case of a vacancy in the office of said Clerk, the Court of
Appeals shall appoint a Clerk of said Court, who shall hold his office until
the election and qualification of his successor, who shall be elected at the
next general election for members of the General Assembly; and the person
so elected shall hold his office for the term of six years from the time of
election.

The portion of this section dealing with the removal of the clerk contrasted with
a similar portion of sec. 37—see notes to the latter section. Dowling v. Smith, 9
Md. 268.

This section referred to in construing secs. 11, 12 and 25—see notes to the latter
section. Wells v. Munroe, 86 Md. 450.

Sec. 18. It shall be the duty of the Judges of the Court of Appeals, as
soon after their election under this Constitution as practicable, to make
and publish rules and regulations for the prosecution of appeals to said
appellate court whereby they shall prescribe the periods within which
appeals may be taken, what part or parts of the proceedings in the court
below shall constitute the record on appeal and the manner in which such
appeals shall be brought to hearing or determination, and shall regulate,
generally, the practice of said Court of Appeals so as to prevent delays and
promote brevity in all records and proceedings brought into said court, and
to abolish and avoid all unnecessary costs and expenses in the prosecution
of appeals therein; and the said Judges shall make such reductions in the
fees and expenses in the said court as they may deem advisable. It shall
also be the duty of said Judges of the Court of Appeals, as soon after their
election as practicable, to devise and promulgate by rules or orders, forms
and modes of framing and filing bills, answers and other proceedings and