32 APPEALS AND ERRORS. [ART. 5,

31, 32 and 33, and within the time therein prescribed; and upon
the receipt of such transcript, the clerk of the court of appeals
shall enter the case upon his docket as of the term next after the
receipt of such transcript.

Rule-16. P G. L. (1860,) art. 5, sec. 30. 1841, ch. 46, sec 2. 1842, ch. 288.
1864, ch. 322. 1888, ch. 34.

38. 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 or appellee; but
such neglect, omission or inability shall not be presumed, but
must be shown by the appellant.

Hannon v. State, 9 Gill, 440. Glenn v. Chesapeake Bank, 3 Md. 478. State:
v. Mister, 5 Md. 16. Sample v. Matter, 5 Md. 368. Dugan v. Hollins, 11 Md.
75. Mayor, &c. v. Reynolds, 18 Md 272. Bowie v. Agric. Coll., 27 Md. 268.
Andrews v. Poe, 30 Md. 486. O'Hern v. Browning, 33 Md. 475. Hooper v.
Turnpike Co., 34 Md. 529. Mince v. Tucker, 37 Md 262. Lewin v. Simpson,
38 Md. 481. Meloy v. Squires, 39 Md. 175. Bowie v. Neal, 41 Md. 130.
Meloy v. Squires, 42 Md. 378. Ewell v. Taylor, 45 Md 573. Nutwell v. Nut-
well, 47 Md. 47. N. C. R. R. Co. v. Rutledge, 47 Md. 262. Wilson v. Merry-
man, 48 Md. 334. Rau v. Bennis, 49 Md. 316. Willis v. Jones, 57 Md. 366.
Biddison v. Moseley, 57 Md. 92. Downes v. Friel, 57 Md. 532. Mason v.
Gauer, 62 Md. 263. B. & O. R. R. v. State, 62 Md. 479. Parsons v. Padgett,
65 Md. 356.

1864, ch. 322.

39. If the clerk shall have prepared the record 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 omis-
sion on the part of the appellant or plaintiff in error, the said
record shall not be sent to the court of appeals within time, the
court from which the appeal was taken may, on motion, strike
out the entry of such appeal, and proceed to execution, or other
proceedings, as if such appeal had never been entered, and there-
after no other appeal or writ of error shall be allowed.

Meloy v. Squires, 39 Md. 175. Ibid., 42 Md. 378. Nutwell v. Nutwell, 47
ltd. 47. Rau v. Bennis, 49 Md. 316.

Rule 17.

40. 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