1826

LAWS OF MARYLAND.

CHAP. 200

the register of the court of chancery, or by the clerk of the
county court of the county wherein the sureties in such appeal
bond m£y reside.

Proceedings on

appeal, &c. to be
transmitted

6. And be it enacted, That on any appeal being entered in
any county court, or other inferior court, or in the court of
chancery, from any judgment or decree therein, as herein be-
fore mentioned, or upon the production of a -writ of error,
upon any judgment in any county court, or other inferior court,
it shall be the duty of the clerk or register of such court, to
make out and transmit to the court of appeals, to which such
appeal may be made, or the writ of error made returnable, a
full transcript or record of the whole proceedings of the said
court in such action, under the hand of the clerk or register,
and the seal of the court, or great seal of the state, as the case '
may be, within forty days next after the appeal therein shall
have been catered, or the writ of error produced and filed; and
upon receipt of such transcript by the clerk of the court of ap-
peals, he shall enter the case on the docket of his court as of
the term next after the date of the appeal or of the writ of er-
ror in such case.

Penalty on clerks
for refusing &c

7. And be it enacted. That if any clerk or register shall re-
fuse or delay to make out any such transcript or record, and
transmit the same in manner aforesaid to the court of appeals,
within the time prescribed by law after the appeal therein shall
have been entered, or the writ of error produced, he shall for-
feit and pay the sum of one hundred dollars, to be. recovered
by any person who shall prosecute or sue for the same; and
such clerk or register shall moreover be liable to the party ap-
pellant, or party suing out such writ of error, for such damages
as he, she or they, may sustain by such refusal or delay as
aforesaid

If no record shall

be transmitted
court, &c. to fine
clerk, &c.

8. And be it enacted, That if a transcript or record of the
s proceedings of any judgment or decree, wherein there may be
an appeal or writ of error as aforesaid, shall not be transmitted
to the court of appeals within the time prescribed by law for
such appeal being made, or writ of error produced, it shall and
may be lawful for the county court of the county, or other in-
ferior court, wherein the judgment or decree shall have been
rendered, or the chancellor, as the case may be, on the produc-
tion of a certificate from the clerk of the court of appeals of
the shore, stating that no transcript or record of proceedings of
such judgment or decree hath been transmitted to or filed in
his office, to fine the clerk or register, as the case may be, in a
sum of money not exceeding one hundred dollars, unless a sa-
tisfactory reason shall, be given by such clerk or register, for
his neglect or delay in not transmitting a transcript or record of
the proceedings as aforesaid.

Sureties in bombs
to be liable for

fees, &c.

9. And be it enacted, That the sureties named in any ap-
peal or writ of error bond as aforesaid, and each of them, shall
be answerable for and liable to the clerk or register, for all fees
to which he shall be entitled by law for making such transcript
or record, and transmitting the same as aforesaid; and they may
be compelled to pay such fees, in the same manner as if the
serviecs had been performed for them, in case of the insolvency