
    Samuel H. Meloy, Trustee of Emma J. N. S. Meloy, vs. William H. Squires.
    
      Practice — Act of 1864, ch. 322, relating to Appeals from Courts of Law or Equity.
    
    Certain real estate was sold under a deed of trust; the sale was reported by the trustee to the Circuit Court, and an order of ratification nisi was passed. Subsequently exceptions were filed to the ratification of the sale; after argument by counsel, the Circuit Court passed an order overruling the exceptions and finally ratifying the salo. From this order the exceptant took an appeal on the 10th of June, 18I3. On the 6th of January, 1814, the purchaser of the property filed a petition in this Court, alleging that the appellant had failed to cause to be transmitted to this Court a transcript of the record in said cause within six months, from the date of the appeal, as required by Rule 10 of this Court, respecting appeals, and that the neglect to transmit said transcript was in no way owing to the fault of the clerk of the Circuit Court. The petition prayed that this Court would order the said appeal to be docketed and then dismissed. This Court dismissed the petition, being of the opinion that the relief sought by the petitioner might be had by application to the Circuit Court from which the appeal was taken, under the provisions of the Act of 1864, ch. 322.
    Petition to have an appeal docketed and then dismissed.
    The appellee on the 6th of January, 1874, filed a petition in this Court alleging that he had purchased on the 8th of April, 1872, from M. W. Beveridge, trustee, certain real estate in Prince George’s County; that the sale was reported by the trustee to the Circuit Court for said county, and an order of ratification nisi was passed; that subsequently certain exceptions to the sale were filed by the appellant; that after argument, the Court on the 24th of April, 1873, passed an order overruling the exceptions and finally ratifying the sale; that from this order Samuel H. Meloy, trustee for Emma J. N. S. Meloy, wife of William A. Meloy, took an appeal to this Court on the 10th of June, 1873; but that he has failed to cause to be transmitted to this Court a transcript of the record in said cause, within six months from the time when the appeal was taken, as required by Rule 10 of this Court, respecting appeals; and that the neglect to transmit said transcript of record was in no way owing to the fault of the clerk of said Circuit Court. The petition therefore prayed that this Court would order said appeal to be docketed and then dismissed. Certain exhibits in corroboration of the averments of the petition were filed therewith. .
    The matter of the petition was submitted to Bartol, C. J., Stewart, Grason, Miller, Alvey and Robinson, J.
    
      G. O. Magruder, Jr., Henry Wise Garnett and Frank H. Stocked, for the petitioner.
   By the Court :

The petition of William H. Squires, the appellee in the above case, together with the exhibits filed therewith, has been read and considered, and the same is hereby overruled and refused ; this Court being of opinion that the relief sought by the petitioner may be had by application to the Circuit Court from which the appeal was taken, under the provisions of the Act of Assembly of 1864, ch. 322, (Supplement to Code, page 16.)

By the Rules regulating appeals adopted by this Court on the 18th day of October, 1869, the time allowed for the transmission of the record to this Court, on appeals from Courts of Equity, is limited to six months from the time of appeal prayed, (Rule 10, 29 Md., 4.)

These Rules having been made under and by authority of the Constitution, Art. 4, sec. 18, have the force of law, and the effect of said Bule 10, is to alter or modify the provisions of the Act of 1864, ch. 322, so far as respects the time allowed for transmitting the record to this Court; but in no manner affects the power and jurisdiction of the Circuit Court conferred by that Act.

(Decided 7th January, 1874.)

The appellee is, therefore, entitled, on motion made in the Circuit Court, and upon a proper case there shown, to the relief prescribed by that Act, in case of a failure by the appellant to send the record to this Court, within six months after the appeal has been entered.

Petition dismissed.  