770

APPEALS AND WRITS OF ERROR. [ART. 71.

appeal shall be entered, no judgment shall be rendered against the
accused, in case he shall be found guilty, until the Court of Appeals
shall have determined upon the exception, and remanded the case
to the Court below.

1878, c 40
When court to
remit record in
criminal casc.

3 8. Whenever any writ of error or appeal shall be brought upon
any judgment, or any indictment, information, presentment, inqui-
sition, or conviction iu any criminal case, and the Court of Appeals
shall reverse the judgment for error in the judgment, or sentence
itself, it shall be the duty of the Court of Appeals to remit the
record to the court below, in order that such court may pronounce
the proper judgment upon such indictment, information, present-
ment, inquisition, or conviction; provided, however, that it shall be
the duty of the court in passing any sentence under the provisions

What deduction
to be made
from term of
sentence

of this section to deduct from the term of sentence the time already
served by the prisoner under the previous sentence from the date of
his conviction.

1864, c 156
Who may ap-
peal
21 Md 44 , 22
Md 196 , 24 Md
1 , 26 Md 83 , 27
Md 242, 258 , 28
Md 67 , 29 Md
18, 298 , 30 Md
210,263,271,422,
489 , 31 Md 476,
485 . 82 Md 253 ,
33 Md 60 , 34
Md 672 35 Md
496, 36 Md 238,
39 Md 429 , 41
Md 539 , 44 Md
389, 45 Md. 632
Proviso

APPEALS FROM COURTS OF EQUITY.

39. An appeal shall be allowed from any final decree, or order
in the nature of a final decree, passed by a court of equity, by any
one or more of the persons parties to the suit, with or without the
assent or joinder of co-complainants or co-defendants in such appeal ;
provided, that if the Court of Appeals shall affirm the decree or
order of the court below, they shall not award costs of the appeal
against any one except the person or persons that shall have ap-
pealed.

Rules of Court
of Appeals,
No 9
Within what
time appeal to
be taken
20 Md 420 , 34
Md 672 , 3d Md
243, 41 Md 486,
42 Md. 381.

40. All appeals allowed from decrees br orders of courts of
equity shall be taken and entered wuhin nine months from the date
of the decree or order appealed from, and not afterwards; unless it
shall be alleged on oath that such decree or order was obtained by
fraud or mistake, in which case the appeal shall be entered within
two months from the time of the discovery of the fraud or mistake,

Art 5, s 21
1835, c 346, s 2 ,
1835, c 380, s 3 ,
1841, c 11 ,
1845, c 367, s 1
From what
appeals taken
19 Md 130 , 21
Md 50, 383 , 22
Md 477 , 26 Md
83 , 27 Md 345,
570 , 28 Md 206,
227, 588 , 29 Md.
18, 298 , 30 Md
29 , 32 Md 151,
561, 41 Md 539.
42 Md 251 , 44
Md 386 , 45 Md
632

and not afterwards.
41. An appeal may also be allowed in the following cases, to
wit: From any order granting an injunction, or from a refusal to
dissolve the same; or an order appointing a receiver, the answer of
the party appealing being first filed in the cause; from an order dis-
solving an injunction; from an order for the sale, conveyance, or
delivery of real or personal property, or the payment of money,
unless such delivery or payment be directed to be made to a re-
ceiver appointed by such court; or from an order determining a
question of right between the parties, and directing an account to
be stated on the principle of such determination.

Art 5. s 22
1830, c 185, s 1 ,
1845 c 367, s 3
Previous orders
considered on
appeal
22 Md 196 , 28
Md 548 , 29 Md

43. On an appeal from a final decree or order, all previous orders
which may have passed in the cause shall be open for revision in
the Court of Appeals, unless an appeal under the next preceding
section may have previously been taken to such order.

298 , 32 Md 151 , 41 Md. 422, 539 , 43 Md 378