ART. 71.] APPEALS AND WRITS OF ERROR.

only that the order or decree passed by the Court of Appeals shall
be conclusive as to the points finally decided thereby. And it shall
be the duty of the Court of Appeals, in its order remanding the

773

cause, to express the reasons for the remanding, and also to deter-
mine and declare the opinion of the court on all points which may
have been made before the said court, or which may be presented
by the record.

PROVISIONS RELATING TO APPEALS FROM COURTS OF LAW AND EQUITY.

Reasons for re-
manding to be
expressed in
order.

82, Upon any appeal being taken in a court of law or equity,
or application to take up the record as upon writ of error allowed,
the clerk of such court shall make out, and transmit to the Court
of Appeals, a transcript of the record of proceedings, under the
seal of his office, in accordance with the sections of this article

Rules of Court
of Appeals,
No 15
Clerk of court
below to make
up and trans-
mit transcript
of proceedings.

relating to the making up of transcripts of records, and within the
time prescribed by law, and upon the receipt of such transcript, the
clerk of the Court of Appeals shall enter the case upon his docket

Clerk of Court
of Appeals,
when to enter
case on his
docket

as of the term next after the receipt of such transcript.
S3. No appeal shall be dismissed because the transcript shall
not have been transmitted within the time prescribed, if it shall
appear to the Court of Appeals that such delay was occasioned by
the neglect, omission, or inability of the clerk; but such neglect,
omission, or inability shall not be presumed, but must be shown by
the appellant.

Rules of Court
of Appeals.
No 16
Delay by clerk
below not to dis-
miss appeal
M Md 75, 422,
483 , 13 Md 471 ,
34 Md 672 , 35
Md 126 , 37 Md
361 , 41 Md 130 ,
45 Md 574.

54. If any appeal shall be dismissed because of the failure of
the clerk to send up a transcript of the record within time, such
dismissal shall not prevent a subsequent appeal; provided, such
subsequent appeal be taken within the time limited by law.

Art 5, s 8.
1843, c 41
When subse-
quent appeal
allowed.
Proviso.

55. If the clerk shall have prepared the transcripts of the records
as required by law, and the appellant or plaintiff in error shall have
neglected or omitted to pay for such record, or by any other neglect
or omission on the part of the appellant or plaintiff in error, the
said record shall not be sent to the Court of Appeals within the
time prescribed by law after the appeal has been entered, or writ of
error allowed, the court from which the appeal was taken may, on
motion, strike out the entry of such appeal, and proceed to execu-
tion, or other proceedings, as if such appeal had never been entered,
and thereafter no other appeal or writ of error shall be allowed.
56. 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 Appellate Court
shall have power to award costs, including 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.

Rules of Court
of Appeals,
No 10
1864, c 322
Effect of delay
occasioned by
appellant or
plaintiff in
error
31 Md 476, 33
Md 474 , 34 Md.
529 , 87 Md 363 ,
39 Md 175 , 42
Md 381 , 47 Md.
47
Entry of appeal
to be stricken,
out on motion

Rules or Court
of Appeals,
No 17
One transcript
of record in
cases of cross-
appeals, etc.

Costs