774

APPEALS AND WRITS OF ERROR. [ART. 71.

Rules of Court
of Appeals,
No 18
Transcript
upon subse-
quent appeal

57. Whenever a case has before been in the Court of Appeals,
there shall be copied into the transcript, upon any subsequent ap-
peal, only the proceedings occurring in the court below subsequent
to the former appeal.

Art 29, ss 30, 31
1853, c 68,83 2,3
Application for
wnt of diminu-
tion
43 Md 554.

58. Every application for a writ of diminution, shall contain a
specification in writing of the parts of the records or proceedings
requisite to be supplied, which shall also be incorporated in the writ
of diminution for the guidance of the inferior court. The issuing of
a writ of diminution shall not delay the hearing in the Court of Ap-
peals in any cause, if the return thereto be made before the said
cause shall be called for a hearing, unless for good cause shown.

Rules of Court
of Appeals,
No 19
Art 29, s 29
1853, c 68, s 1
Returns to writs
of diminution
30 Md 75 , 32
Md 54 , 33 Md
535 , 38 Md 463

5.9. In all cases where a writ of diminution shall be issued, the
clerk of the inferior court, to which the writ may be sent, shall, in
his return thereto, transmit to the Court of Appeals only so much
of the proceedings remaining of record in the inferior court as may
be necessary to correct the alleged errors or defects in the transcript
first sent to the Court of Appeals.

1862, c 122
When original
papers may be
ordered

60. The Court of Appeals shall, upon the application of any ap-
pellant or appellee in any case there pending, and on proper cause
shown to said court, for that purpose, have power to order and direct
the clerk of the court from which said appeal may have been taken,
to produce, by himself or some person authorized by him, to the said
Court of Appeals, for inspection upon the trial of the said case, any
original paper, map or plat filed in the court below in said case, a
copy whereof is set forth in the record sent to the said Court of Ap-
peals; the cost of such production, in every case, to be paid by the
party applying for the production of said paper.

BONDS.

Art 5, s 31
1713, c 4, s 2 ,
1811,c 171,
1826, c 200. s 1
Bond to stay
execution
21 Md 52 , 22
Md 1 , 21 Md
484 , 24 Md 319 ,
42 Md 251,294

61. No execution upon any judgment or decree in any court of
law or equity shall be stayed or delayed, unless the person against
whom such judgment or decree shall be rendered or passed, his heirs,
executors or administrators, or some other person in his or their be-
half, shall immediately, upon praying an appeal from any such judg-
ment or decree, or a writ of error being allowed upon any such
judgment, enter into bond with sufficient securities in at least dou-
ble the sum recovered by such judgment or decree, or in double the
value of the matter or thing in controversy, which shall have been
recovered or decreed, if a movable chattel or chattels, to be esti-
mated by the court from whose judgment or decree the said appeal
shall be made or writ of error allowed, with condition as follows or
to the following effect: That if the said party appellant, or party
allowed such wiit of error, shall not cause a transcript of the record
and proceedings of the' said judgment or decree to be transmitted to
the Court of Appeals within the time required by law, and prose-

Condition of
bond

cute the said appeal or writ of error with effect, and also satisfy and
pay to the said party in whose favor such judgment or decree was
rendered or passed, his executors, administrators or assigns, in case