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Session Laws, 1864
Volume 531, Page 437   View pdf image (33K)
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A. W. BRADFORD, ESQUIRE, GOVERNOR. 437

CHAPTER 322.

 

AN ACT to amend the thirtieth and thirty-second
sections of the fifth. Article of the Code of Public
General Laws entitled, '''Appeals" relating to the
transmission of records, and the filing of appeal
bonds.

Passed Mar.
10, 1864.

SECTION 1 . Be it enacted by the General Assem-
bly of Maryland, That the thirtieth and thirty-
second sections of Article five of the Code of Public
General Laws entitled, "Appeals," be amended
and re-enacted so as to read as follows :

Re-enacted.

30. No Appeals shall be dismissed because a copy
of the record shall not have been transmitted with-
in the time required by law, if it shall appear to
the Court of Appeals, that such delay was occa-
sioned by the neglect or omission of the Clerk, but
if the Clerk shall have prepared the records as re-
quired 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 omission on
the part of the appellant or plaintiff in error, the
said record shall not be sent to the Court of Ap-
peals within nine Months after the appeal has been
entered, of writ of error produced, the Court from
which" the appeal was taken may, on motion, strike
out the entry of such appeal, and proceed to execu-
tion, or other proceedings, as if such appeal had
never been entered, and thereafter no other appeal
or writ of error shall be allowed.

Appeals not to
be dismissed.

32. The Clerk or Judge of any Court of law or
equity, shall approve any bond under the preced-
ing section, but no appeal bond in any case shall
be approved, and no execution upon any judgment,
order or decree in any of the Courts of law or equity,
shall be stayed or delayed by an appeal, unless the
person or persons against whom such judgment,
order or decree has been recovered or passed, his
heirs, executors or administrators, shall upon pray-
ing such appeal, file in the case an affidavit that
said appeal is not taken for delay.

Appeals not
taken to cause
delay.



 

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Session Laws, 1864
Volume 531, Page 437   View pdf image (33K)
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