ARTICLE III. ALIENS. 1. Rights of aliens to hold and dispose of real estate. 1888, art. 3, sec. 1. 1874, ch. 354. 1. Aliens, not enemies, may take and hold lands, tenements and hereditaments acquired by purchase, or to which they would, if citizens, be entitled by descent; and may sell, devise or dispose of the same, or transmit the same to their heirs, as fully and effectually, and in the same manner, as if by birth, they were citizens of this State. 1. It shall not be lawful for the trustees of the poor of the city of Baltimore, or the county commissioners or trustees of the poor of any of the counties of the State, to receive into or retain in any almshouse or poorhouse any child between three and sixteen years of age, for a longer period than ninety days, unless such child be an unteachable idiot, an epileptic or a paralytic, or be otherwise so disabled or deformed as to render it incapable of labor or service. Ibid. sec. 2. 2. It shall be the duty of the trustees of the poor of the city of Baltimore, and the county commissioners and trustees of the poor of the counties of this State, to place all such pauper children who are in their charge, in some respectable family in the State, or in some educational institution or home for children; and it shall also be the duty of said trustees of the poor of Baltimore city, and of the counties of the State, or an agent or agents to be appointed by them for the purpose, to visit such children not less than once in every six months, and make all needful inquiries as to their treatment and welfare, and to report to the board of trustees making such disposition of said children. ARTICLE V. APPEALS AND ERRORS. 1. How appeals are to be taken. Appeals from Courts of Law. 2. Any party may appeal. 3. In cases of mandamus. Petitions assigning errors. 4. Formal writs of error dispensed with. 5. Issues to courts of law from orphans' or equity court. 6. Within what time appeals must be taken and record transmitted. 7. Within what time appeals in insolvent cases must be taken. 8. Certificate of court below in insolvent cases of questions decided. 9. What questions open in court of appeals. 10. Bills of exception-how to be prepared. 11. Seal of judge not necessary to bills of exceptions. 12. Documents not to be inserted at length. Qualifications of this rule. 13. How record is to be made up. 14. How costs shall be awarded. 15. Judgment in cases of reversal. 18. Amendment of writs of error. 22. 23. may be ordered by court of appeals. 24. When continuances may be en- 27. Special orders from which ap- 28. Interlocutory orders open for revision on appeal from final decrees. 29. Stay of execution by appeal bond; proviso. 30. Bond to stay operation of previous order. 31. Appeal from order refusing injunction. 32. Within what time appeals must be taken. Qualification. Fraud or mistake. 33. Within what time record must be transmitted. 34. How clerks shall make up record. 35. Substance only of documents to be stated. Qualification. 36. What objections shall not be made in court of appeals unless made below. 37. Exception to jurisdiction must be made below. 38. Remanding of cases without affirmance or reversal. Provisions Relating to Appeals from Courts of Law and Equity. 39. Appeal to be docketed to first term. 40. Dismissal for failure to transmit record in time. 41. When court below may strike out entry of appeal. 42. One transcript in cases of crossappeals. 43. On second appeal, proceedings subsequent to first appeal only to be transmitted. 44. Special hearing of certain cases at first term. 45. State cases to be specially heard at first term. 46. Contents of applications for writ of diminution. 47. When diminution is not to delay hearing of appeal. 48. What the clerk of court below shall transmit under a writ of diminution. 49. Costs of records. 50. Costs of briefs. 51. Costs of printed arguments. 52. Production of original papers. Appeal Bonds. 53. Stay of execution pending appeal. 54. Appeal bond and affidavit of appellant. 55. Approved bond and affidavit to Proviso. stay execution. 56. Sufficiency of sureties. Additional security. 57. Rejection of offered bond. Time for new bond. 58. Appeal bonds not to be avoided for want of form. 59. Bond of appellant who may die pending appeal. Appeals from Orphans' Courts. 60. Any party aggrieved may appeal. 61. Notice of intention to appeal. Testimony to be written out. 62. Time for taking appeals and transmitting record. 63. Order to be affirmed, reversed or amended. 64. When appeal shall not stay proceedings. 65. Appeals to superior court or circuit court. 66. Register to mark costs taxed against the parties. Costs. 67. In discretion of court of appeals, in appeals from orphans' or equity courts. Appeals in Cases of Forfeiture of Charter. 68. When to be taken. When record to be transmitted. 69. Appeal bond-its penalty. Execution. 70. Fi. fa. or attachment out of the court of appeals. 71. May be issued to sheriff of Baltimore city. 72. Sci. fa, against heirs or terre tenants. 73. In Baltimore city returnable to superior court. 74. May be sent to county where original defendant resided. Abatement in Court of Appeals. 75. Not to abate by death of parties. New parties. 76. Death of appellant before beginning of term. 77. Death of party pending appeal having attorney in court. 78. Execution on judgment entered without notice of death. Case of death before or after judgment; proviso. 79. Appeals from Justices of the 86. To be taken to the circuit court or Baltimore city court. How to be tried. 87. Personal representative of deceased may appeal. 88. Justice must enter appeal and transmit papers. 89. Appeals to be docketed and appellee summoned. 90. When appeal shall stand for trial. 91. On two non ests, case may be tried ex parte. 92. Execution stayed by appeal bond. 93. Bond to be filed, when. 94. How executed in case of death of justice. 95. Costs before justice to be paid before trial of appeal. This section not to apply to Allegany county, nor Frederick county. 96. Commitment for non-payment of penalty. Limit of imprisonment. Amendment on Appeal from 97. Amendments in discretion of court. 98. Continuances and costs upon appeal. 1888, art. 5, sec. 1. 1860, art. 5, sec. 1. 1713, ch. 4. 1729, ch. 3. ch. 171. 1818, ch. 204, sec. 1. 1826, ch. 200, sec. 2. 1852, ch. 239, sec. 3. 1853, ch. 220, sec. 13. 1853, ch. 415, sec. 4. 1811, 1. An appeal may be taken from a court of law or equity by application to the clerk; from the orphans' court by application to the register; from the commissioner of the land office by application to the commissioner; from the county commissioners by application to their clerk, and from a justice of the peace by application to the justice; or by filing a petition with the clerk of the court to which the appeal is made; and upon such application, if made within the time prescribed by law for taking such appeal, the clerk, register, commissioner or justice to whom the same is made shall enter a prayer of appeal upon his docket or minutes of proceedings, and transmit the papers or a transcript of the record, as hereinafter required. H. & J. 3. H. & G. 267. Cummings v. State, 1 H. & J. 343, note. Partridge v. Dorsey's Lessee, 3 H. & J. 302. Chapman v. Dixon, 4 H. & J. 527. Hammond v. Ridgely, 5 H. & J. 284. Thompson v. McKim, 6 H. & J. 302. Diffenderfer v. Hughes, 7 Newson v. Douglas, 7 H. & J. 417. Leadenham v. Nicholson, 1 Duvall v. Harwood, 1 H. & G. 477. Ringgold's Case, 1 Bland, 5. Oliver v. Palmer, 11 G. & J. 143. State v. Mackall, 11 G. & J. 456. Hatton r. Weems, 12 G. & J. 83. Savage Manfg. Co. v. Owings, 3 Gill, 498. Mutual Safety Ins. Co. v. Cohen, 3 Gill. 459. Swann v. Mayor, etc., 8 Gill, 154. Dakin v. Pomeroy, 9 Gill, 7. Ramsay v. Glass, 9 Gill, 61. Anderson v. Garrett, 9 Gill, 131. Hoffman v. Rizer, 9 Gill, 287. State v. Milburn, 9 Gill, 100. Chesapeake Bank v. McClellan, 1 Md. Ch. Dec. 330. Matthews v. Merrick, 4 Md. Ch. Dec. 364. Ringgold v. Emory, 1 Md. 350. Lawson v. Snyder, 1 Md. 77. Keener v. Harrod, 2 Md. 63. Emory v. Owings, 3 Md. 178. Glenn v. Rogers, 3 Md. 312. New York Life Ins. Co. v. Flack, 3 Md. 341. Thurston v. Lloyd, 4 Md. 283. M. & C. C. v. Norman, 4 Md. 352. Cross v. Hall, 4 Md. 426. Handy v. Tull, 5 Md. 450. Alexander v. Worthington, 5 Md. 471. Preston v. Leighton, 6 Md. 88. Pratt v. Johnson, 6 Md. 397. Key v. Dent, 6 Md. 142. Smith v. Smith, 7 Md. 55. Lanahan v. Latrobe, 7 Md. 268. Groverman v. Spencer, 7 Md. 214. Eyler v. Hoover, 8 Md. 1. Hurst v. Hill, 8 Md. 399. Stokeley v. Gordon's Lessee, 8 Md. 496. Keighler v. Savage Manfg. Co., 12 Md. 413. Benson v. Atwood, 13 Md. 22. Wampler v. Wolfinger, 13 Md. 345. Ward v. Hollins, 14 Md. 158. Gordon v. Miller's Admr., 14 Md. 204. Appeals from Courts of Law. 1888, art. 5, sec. 2. 1860, art. 5, sec. 3. 1713, ch. 4. 1785, ch. 87, sec. 6. 2. From any judgment or determination of any court of law. in any civil suit or action, or in any prosecution for the recovery of any penalty, fine or damages, any party may appeal to the court of appeals. Lord Proprietary v. King, 1 H. & McH. 83. State v. Stone, 3 H. & McH. 115. Quynn v. State, 1 H. & J. 36. Cummings v. State, 1 H. & J. 343, note. Davis v. State, 3 H. & J. 154. Michael v. Shroeder, 4 H. & J. 227. Harris v. Wilmer, 5 H. & J. 2, note. Anderson v. State, 5 H. & J. 174. Queen v. State, 5 H. & J. 232. Hawkins v. Jackson, 6 H. & J. 151, note (a). Dashiell Thompson v. MeKim, 6 H. & J. 330. Boyle v. RobHenck v. Todhunter, 7 H. & J. 275. Hollingsworth's v. State, 6 H. & J. 268. inson, 7 H. & J. 200. |