ART. 71.] APPEALS AND WRITS OF ERROR.

767

22. When, on the reversal of a judgment, a new trial shall be
awarded, the Court of Appeals, upon suggestion in writing by either
of the parties, supported by affidavits of other proper evidence that
a fair and impartial trial cannot be had in the court where the judg-
ment so reversed shall have been rendered, shall direct their clerk to
transmit a certified copy of the opinion and judgment of the Court of
Appeals to the clerk of the court of some other county or city, to
the end that said cause may be again tried as if no trial had taken place
and as if such action had been originally instituted in such court.

Art 5,8 17
Rule 8
1819, c 149
Removal of
reversed cases.

23. If an appeal or writ of error be dismissed when taken on
any order of the court antecedent to final judgment, and no final
judgment shall have been rendered, it shall be the duty of the
said court, on application of any of the parties, to order continuances
in said case to be entered, and the same to be proceeded with in the
same manner and with the same effect as if no such appeal or writ
of error had been taken or allowed, and either patty may make such
suggestion and new parties, as could have been made if no appeal

Art 5 s 18
1831, c 203
Dismissal of ap-
peal or writ of
error

had been taken in the case; provided, the court shall be satisfied by
the certificate of the clerk of the Court of Appeals, or other proper
evidence, that the said appeal or writ of error has been dismissed.

ISSUES ON WRITS OF CORAM VOBIS.

Proviso.

24. Where writs of error coram vobis are pending in the Court
of Appeals, and it shall appear to the court necessary to try any mat-
ter of fact put in issue by the pleadings in the case, the court may
direct a transcript of the record to the court where the defendant
named in the original action may reside', or to such other court as
the parties in the said cause may agree upon, and the court to which
such transci ipt shall be transmitted, shall proceed in such action,
and to a trial of the facts put in issuc.

FIERI FACIAS OR ATTACHMENT

Art 5, s 19
1806, c 90, s 5
Trial of Issue of
fac in writs of
error coram
vobis, pending
appeal

25. A writ of fieri facias, or attachment, may be issued upon
any judgment of the Court of Appeals, directed to the sheriff of the
county in which the original judgment appealed from was rendered,
and returnable to the Circuit Court for such county; and there shall

Art 29, s 32
1806, c 90, s 3.
Ft fa or attach-
ment upon
judgment

be sent with said writ a short copy of the judgment, and the said
writ shall be proceeded on and renewed as if it had issued from the
Circuit Court to which it is returnable.

How issued and
returned

26. Either of the writs mentioned in the last preceding section
may be directed to the sheriff of the city of Baltimore; and if so
directed, it shall be made returnable to the court from which the
appeal was taken, and the same proceedings shall be had as provided
in the said preceding section.

Id s 33
1806, c 90, s 3
May be directed
to sheriff of
Baltimore city,
and made re-
turnable to the
court from
which appeal
taken.