|
LAWS OF MARYLAND.— 1820.
|
887
|
|
pealed from, or a writ of error thereon may be brought in like
manner, and there shall be the same proceedings in order to stay
execution thereon, as by this act is prescribed and directed rela-
tive to judgments rendered in the county courts; and the bond
entered into on making the appeal, or suing out the writ of
error, and the sureties therein, shall be approved by the clerk of
the county court to which any such confession of judgment
may be returned, or by the chancellor, as herein before men-
tioned.
|
supersedeas
may be ap-
pealed from
|
|
SEC. 12. And be it enacted, That a copy of any bond entered
into in pursuance of this act, for prosecuting any appeal, or
suing out any writ of error, certified under the seal of the court
in which such bond shall be filed, shall be good evidence to
prove the execution of such bond in any court of law or equity
in this state ; and it shall not be necessary to produce the origi-
nal bond in court in any action thereon, unless the obligors
therein, or any of them, shall deny the execution of such bond,
and verify the same by affidavit.
|
Copy of any
appeal bond
to be evi-
dence, &c.
|
|
SEC. 13. And be it enacted, That from and after the passage
of this act, no writ of error or appeal shall be prosecuted upon
any judgment, which has been or shall be rendered in any
county court, after three years shall have elapsed from the time
of the rendition of such judgment, except writs of error coram
vobis, in cases where judgments have been or shall be entered
by mistake.
|
Limitation
as to ap-
peals or
writs of
error to
common
law courts;
|
|
SEC. 14. And be it enacted, That from and after the passage
of this act, all appeals from the decisions, orders and decrees, of
the court of chancery, or of any county court sitting as a court
of equity, in cases where appeals properly lie, shall be made
and entered in the said court or courts, within nine months
from the time of making such decisions, orders and decrees, and
not afterwards, unless it shall be alleged on oath, or affirma-
tion, that such order or decree was obtained by fraud or through
mistake.
|
The like as
to appeals
from courts
of equity.
|
|
SEC. 15. And be it enacted, That the court of chancery, the
county courts, and the judges thereof in vacation, shall have
full power and authority to examine into, and determine on, the
sufficiency of the sureties to any bond to be filed in the offices
of the said courts respectively, in virtue of this act, and the
court of chancery, and county courts, shall and may, from time
to time, make such rules and orders for the justifying or proving
the sufficiency of such sureties, and for requiring additional
security in any case, as they may deem proper.
|
New sure-
tics in
bonds may
be required,
&c.
|
|
SEC. 16. And be it enacted, That in case any such bond
shall on application made in virtue of this act, be rejected, the
court or judge rejecting the same, shall have a discretionary
power to grant further time to the party to file another bond ;
|
Further
time for
that pur-
pose may
be allowed
|
|
 |