322 ARTICLE 5

The remedy provided by this section is cumulative, and in no manner interferes
with the appellee's right to have the record sent up. Rau v. Bennis, 49 Md. 317.

An appeal stricken out under this section. Forest Lake Cemetery v. Baker, 113 Md.
533.

This section applies to registers of wills as well as to clerks. See notes to sec. 45.
Miller v. Mencken, 124 Md. 675.

An. Code, 1924, sec. 46. 1912, sec. 42. 1904, sec. 42. 1888, sec. 40. Rule 19.

47. In all cases of cross-appeals, or of more than one appeal being
entered in the same case from any judgment, decree or order, there shall
be but one transcript of the record transmitted to the court of appeals, and
that shall be used upon the hearing of all such appeals. In cases arising
under this rule, the court of appeals shall have power to award costs, in-
cluding the cost of transmitting the record, to either of the parties in its
discretion, or the costs may be apportioned as the said court may deem just.

Where several parties have conflicting or different interests affected by the same
decree, the proper practice is to agree upon the respective portions of the costs they
are to pay, or to have the clerks of the appellate and lower courts ascertain what each
is liable for. If one party fails to pay, the other parties should not be made to suffer.
Appeal held not to be a cross-appeal (see sec. 53 and notes). Boyce v. McLeod,
107 Md. 7.

This section contemplates that there shall be but one transcript and one hearing.
Whitridge v. Pope, 110 Md. 488.

As to costs, see also secs. 14, 16, 30, 71 and 106. As to the payment of costs in cases
before justices of the peace, see sec. 102.

An. Code, 1924, sec. 47. 1912, sec. 43. 1904, sec. 43. 1888, sec. 41. Rule 20.

48. Whenever a case has before been in the court of appeals, there shall
be copied into the transcript, upon any subsequent appeal, only the pro-
ceedings occurring in the court below subsequent to the former appeal.
See art. 36, sec. 13, and art. 16, sec. 292.

An. Code, 1924, sec. 48. 1912, sec. 44. 1904, sec. 44. 1888, sec. 42. 1865, ch. 141.

1870, ch. 263.

49. All appeals in cases of mandamus or questions arising under the
insolvent laws, on exceptions taken on the trials of issues sent from the
orphans' courts or courts of equity, orders granting injunctions, dissolving
or refusing to dissolve the same, appointing a receiver, ratifying or refusing
to ratify a trustee's sale, and all appeals from decisions of the orphans'
court, and from any judgment or motion to set aside sales, or apply money
in the hands of the sheriff, and all appeals from decisions or matters of law,
made by the courts of Baltimore city, in relation to the streets in said city,
shall stand for special hearing at the first term after the transmission of
the record; and from every final judgment or order granting or refusing
a peremptory mandamus in any case hereafter brought, involving the title
or right to a public office, either party shall have a right to appeal within
twenty days; and on such appeal, the clerk of the court shall forthwith
transmit the original papers, including the judgment or order, to the court
of appeals, and said court shall immediately hear and determine the case.

The right to a speedy hearing and decision in the court of appeals is specially pro-
vided for by this section and by art. 33, sec. 130. An application for a mandamus
to compel the board of canvassers to canvass and count the votes, held to involve the
right to a certificate of an election to a public office. Price v. Ashburn, 122 Md. 519.

Appeals from judgments or orders granting or refusing a mandamus in cases in-
volving the title or right to a public office, must be taken within twenty days from
such judgment or order. Secs. 2, 3 and 6 of this article not applicable. Statutory con-
struction. Riggin v. Wyatt, 139 Md. 479.

There should be an immediate hearing where the right to a public office is involved.
Creager v. Hooper, 83 Md. 500.

As to the right of appeal in mandamus cases, see sec. 3.

As to mandamus, see art. 60.