MUSA KARNEH, Appellant, v. G. K. DAGADU, Surveyor, and SAMMIE GIO, Deputy Sheriff, Nimba County, Appellees.

MOTION TO DISMISS APPEAL FROM THE CIRCUIT COURT OF THE EIGHTH JUDICIAL CIRCUIT, NIMBA COUNTY. Argued March 12, 1970. Decided in June 1970. 1. 2. The new Civil Procedure Law, L. 1963-64, ch. III, took effect immediately upon publication, December 6, 1968. Hence, it governed all appellate procedure thereafter, and the failure on appellant’s part to observe its requirements for a sufficient appeal bond rendered the appeal subject to dismissal under section 5108 thereof, and in no way raised a constitutional issue relative to denial of the right of appeal. . A motion was brought to dismiss the appeal herein, on the ground that the appeal bond was insufficient, lacking the affidavit of the sureties and certificate from the Bureau of Internal Revenues. Appellant argued that the statute requiring both missing documents became effective ninety days after publication, and for the court to deny his right to appeal would deprive him of a constitutional right, since his rights arose under the statute only subsequently repealed. The argument was denied, the motion granted, and the appeal dismissed. Stephen Dunbar for appellant. John Stewart for ap- pellees. MR. JUSTICE MITCHELL delivered the opinion of the Court. This case originated in the Eighth Judicial Circuit Court, Nimba County, from which the appeal was taken. After the appeal procedures had been completed and the record sent up, the appellees filed a motion to dismiss the appeal on the principal contentions that a certificate 79 SO LIBERIAN LAW REPORTS from the Bureau of Internal Revenues and an affidavit executed by the sureties did not accompany the appeal bond to this Court and, hence, the bond was deficient. The appellant contended that the applicable Civil Procedure Law which was published on December 6, 1968, provides that it was not to become effective until ninety days thereafter. Hence, it could not have become effective before March 6, 1969, and he was not bound by the new provisions, since his bond was filed within the ninetyday period. He also argued that an appeal is a matter of right and should not be denied by any court. More, he contended the statute makes it impossible to obtain sureties on a bond, and is, hence, unconstitutional, since it deprives litigants of the right of appeal. “Section 1. Title 6 of the Liberian code of Laws of 1956, known as the Civil Procedure Law, as amended by the Cumulative Supplement through Laws of 1957-58, and by the Laws of 1958-59, the Laws of 1959-60, and the Laws of 1960-61, is hereby repealed and there is enacted in lieu thereof a new Title 6, consisting of parts I, II, III, IV, V and appendices I and II to be known as the Civil Procedure Law of the Republic of Liberia. “Section 2. This Act shall take effect immediately upon publication in handbills.” Civil Procedure Law, L. 1963-64, ch. III. The language clearly states that the statute was effective upon publication. Moreover, the right of appeal has not been infringed and no constitutional issue has thereby been raised. The law makes it imperative that an appeal bond must be accompanied by an affidavit executed by the sureties certifying their qualifications which make them eligible as legally qualified sureties within the context of the law. The Bureau of Internal Revenues must also certify that the property pledged is unencumbered. Civil Procedure LIBERIAN LAW REPORTS 81 Law, L. 1963-64, ch. III, � 6302. The failure to comply with provisions of the statute renders the appeal bond defective and subject to dismissal under section 5108 thereof. The appeal is hereby dismissed, with costs against the appellant, and the Clerk of this Court is ordered to send a mandate to the lower court informing it of this judgment and ordering it to resume jurisdiction and enforce its judgment. And it is hereby so ordered. Motion granted, appeal dismissed.