ELJHU E JACKSON, ESQUIRE, GOVERNOR. 41
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Chapter 42.
AN ACT to repeal and re-enact section nine of
article two of the Code of Public General
Laws, title "Abatement."
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SECTION 1. Be it enacted by the General As-
sembly of Maryland, That section nine of article
two of the Code of General Laws, title "Abate-
ment," be repealed and re-enacted so as to read
as follows :
9. No case in which an appeal has been prayed
or writ of error applied for, whether the record
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Repealed and
re-enacted.
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shall have been transmitted to the court of ap-
peals or not, shall abate by the death of either
of the parties to such appeal or writ of error if
the heir, executor or other proper party to be
made a party shall make the necessary sugges-
tion, and appear to such appeal or writ of error
for the purpose of prosecuting or defending the
same ; and if the heir, executor or other proper
party to be made a party shall fail to make such
suggestion and appear to such appeal or writ of
error within twenty days after the beginning of
the term to which the appeal or writ of error is
taken, it shall be competent for the other party
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When not to
abate.
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to such appeal or writ of error to make such
suggestion, and thereupon process shall imme-
diately issue to the party named in said sugges-
tion to appear by a day to be therein named, and
be made a party to such appeal or writ of error.
SEC. 2. And be it enacted, That this act shall
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When process
shall issue.
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take effect from the date of its passage, but
shall not be held to apply to any case pending
at the date of the passage of this act.
Approved February 21, 1888.
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How effective.
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