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Session Laws, 1957
Volume 640, Page 566   View pdf image (33K)
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566                               Laws of Maryland                       [Ch. 399

from the judgment of said circuit court [within thirty days there-
after,] and the Court of Appeals shall have the power to review all
questions of fact or law involved. If the final decision shall be that
the area in question is a natural oyster bar or bed, charts of the
oyster survey of 1906 to 1912, on record in the office of the Depart-
ment of Tidewater Fisheries, shall be amended accordingly. The
parties filing petition in the circuit court, as herein provided, shall
first file a bond, with sufficient surety, in the sum of twenty-five
dollars ($25.00), conditioned to pay court costs incurred in the event
said petition is dismissed, and the costs are imposed upon the peti-
tioners; and the party or parties taking the appeal to the Court of
Appeals shall file a similar bond in such sum as the lower court may
fix, conditioned to pay court costs incurred in the event the appeal
to the Court of Appeals is dismissed, and costs are imposed upon the
appellant.

Sec. 32. And be it further enacted by the General Assembly of
Maryland,
That Section 1 of Article 75 of the Annotated Code of
Maryland (1951 Edition), title "Pleadings, Practice and Process at
Law"; sub-section (107) of Section 28 of Article 75 of the Annotated
Code of Maryland (1951 Edition), title "Pleadings, Practice and
Process at Law", sub-title "Forms of Pleadings"; Section 35 of
Article 75 of the Annotated Code of Maryland (1951 Edition), title
"Pleadings, Practice and Process at Law", sub-title "Abatement and
Revivor"; Section 99 of Article 75 of the Annotated Code of Mary-
land (1951 Edition), title "Pleadings, Practice and Process at Law",
sub-title "Possession—Writs of"; Section 117 of Article 75 of the
Annotated Code of Maryland (1951 Edition), title "Pleadings, Prac-
tice and Process at Law", sub-title "Removal of Causes"; Section
150 of Article 75 of the Annotated Code of Maryland (1951 Edition),
title "Pleadings, Practice and Process at Law", sub-title "Supple-
mentary Proceedings"; Section 170 and 176 of Article 75 of the
Annotated Code of Maryland (1951 Edition), title "Pleadings, Prac-
tice and Process at Law", sub-title "Process", be and they are hereby
repealed and re-enacted, with amendments, to read as follows:

1. The practice, proceedings and pleadings in the several courts
of law shall be the same that were used and practised in the courts
of law of this State at the time of the adoption of the constitution
of 1851, except so far as the same are altered and changed by this
code or by rules of procedure approved and adopted by the Court of
Appeals of Maryland.

28 (107). Either party may use the common law forms or the
forms hereinbefore given, at his election; ] [; and either party may
require a bill of particulars where the pleading is so general as not
to give sufficient notice to the opposite party of the evidence to be
offered in support of it; provided that in all jurisdictions where
provision has been or shall be made for the obtention of speedy
judgments, when the cause of action filed with the declaration shall
set forth the plaintiff's claim with the particularity required for a
bill of particulars, the said cause of action shall become and be taken
and treated as one of the pleadings in the case, and the plaintiff
shall be restricted in his evidence to proof of the items so set out].

35. [In all cases where a new party is made to an action, the
costs which accrued before such new party was made shall be taxed

 

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Session Laws, 1957
Volume 640, Page 566   View pdf image (33K)
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