40

LAWS OF MARYLAND.

Power to use.

nine, as aforesaid, and shall have power to use the

most direct county roads to those places, or to di-

verge from the same at will, by and with the consent

of the County Commissioners of Howard and Mont-

gomery counties.

Li force.

SEC. 2. And be it enacted, That this act shall take

effect from the date of its passage.

Approved February 21, 1878.

CHAPTER 40.

AN ACT to add an additional section to article five

of the Code of Public General Laws, entitled

"Appeals."

SECTION 1. Be it enacted by the General Assembly

Additional

of Maryland, That the following additional section

section.

shall be added to article five of the Code of Public

General Laws, entitled " Appeals."

SEC. 2. And be it enacted, That whenever any

writ of error or appeal shall be brought upon any

judgment, or any indictment, information, present-

ment, inquisition, or conviction in any criminal case,

and the Court of Appeals shall reverse the judgment

Court of Ap-

for error in the judgment, or sentence itself, it shall be
the duty of the Court of Appeals to remit the record

peals to re-

to the court below, in order that such court may

mit.

pronounce the proper judgment upon such indict-

ment, information, presentment, inquisition, or con-

viction ; provided, however, that it shall be the duty

of the court in passing any sentence under the pro-

Deduct from

visions of this section to deduct from the term of

the term.

sentence the time already served by the prisoner

under the previous sentence from the date of his

conviction.

Approved February 21, 1878.