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Session Laws, 1957
Volume 640, Page 568   View pdf image (33K)
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568                               Laws of Maryland                       [Ch. 399

dollars or imprisoned not moe MORE than sixty days or both fined
and imprisoned in the discretion of said justice or court.

117. If it shall appear to any court to which any [civil or]
criminal case has been removed, that the transcript of the record in
said case is not a true transcript of the record or proceedings had
in the court from which the said case has been removed, it shall be
the duty of the court to which the case has been removed forthwith
to order and direct that the said imperfect transcript shall be de-
livered to the clerk of the court from which the same was sent; and
it shall be the duty of said clerk receiving such transcript so to him
returned, to correct the same forthwith, noting at the end thereof
the corrections so made, or to prepare a new transcript of the said
records, RECORD, which shall be 'correct in all its parts.

150. Upon an examination under [either Section 148 or 149 such
parties shall testify under oath, and] Supplementary Proceedings or
on discovery proceedings in aid of a judgment or execution a witness
shall not be excused from answering any questions on the ground that
such examinations will tend to connect such [party] witness with
the commission of fraud, but such anwsers ANSWERS cannot be used
as evidence against said persons in any criminal action or proceeding
based upon such fraud. [, and it shall be within the discretion of the
court, examiner or commissioner to examine any of the witnesses,
with the exception of the judgment debtor, out of the presence of one
another.]

170. In all cases where a joint action is instituted against heirs
and devisees, and any of such heirs or devisees shall be residents of
another county, [a duplicate writ may issue to the county where any
of said heirs or devisees reside, directed to the sheriff thereof, who
shall serve and return the same to the court from which it issued,
and the same proceedings shall be had as if such heirs or devisees
resided in the county where the suit was brought; provided,] all
such actions shall be instituted in the county in which the deceased
died, if any of his heirs reside there, and if not, in the county in
which his real estate or some part thereof is situated.

176. Every clerk who shall neglect or delay to perform the duties
required by [Sections 173, 174 and 175] Rule 103 (i) of the Rules of
Practice and Procedure approved and adopted by the Court of
Appeals of Maryland to take effect on January 1, 1957,
shall forfeit
and pay a sum not exceeding fifty dollars for every refusal or neglect,
for the use of the State.

Sec. 33. And be it further enacted by the General Assembly of
Maryland,
That Section 86 of Article 78 of the Annotated Code of
Maryland (1956 Supplement), title "Public Service Commission
Law", sub-title "Judicial Review", be and it is hereby repealed and
re-enacted, with amendments, to read as follows:

86. (a) [Demurrer, answer, etc.;] Time of trial.—[Within 20
days after service of the petition for review, the appellees shall re-
spond by demurrer, answer or other appropriate pleading, and]
Upon petition for review the case shall stand ready for trial upon 15
days' notice by either party after answer.

 

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Session Laws, 1957
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