ART. 5.] APPEALS FROM COURTS OF LAW. 23

Rule 8. P G. L , (1860,) art. 5, sec. 16. 1790, ch. 42, sec 1. 1826, ch. 200,
sec. 10. 1830, ch. 186, sec. 1. 1849, ch. 88, sec. 1.

20. In all cases where judgments shall be reversed or affirmed
by the court of appeals, and it shall appear to the court that a
new trial ought to be had, such new trial shall be awarded, and a
certified copy of the opinion and judgment of the court of
appeals shall be transmitted forthwith to the court from which
the appeal was taken, to the end that said cause may be again
tried as if it never had been tried; and no writ of procedendo,
with transcript of record, shall be transmitted, as heretofore
practised.

P. G. L., (1860,) art. 5, sec. 17. 1819, ch. 149.

21. 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 or other proper
evidence that a fair and impartial trial cannot be had in the
court where the judgment so reversed shall have been rendered,
shall direct their clerk to transmit a copy of the record to the
clerk of the court of some other county or city, with an order to
such court, directing them to proceed in such action, and to a
new trial thereof, in the same manner as if no trial had taken
place, and as if such action had been originally instituted in such
court.

Ibid., sec. 18 1831, ch. 203.

22. 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 con-
tinuances in said case to be entered, and the same to be pro-
ceeded with in the same manner and with the same effect as if
no such appeal or writ of error had been taken or sued out; and
either party may make such suggestion and new parties as could
have been made if no appeal had been taken in the case; pro-
vided, 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.