THOMAS FINDLEY, Appellant, v. REPUBLIC OF LIBERIA, Appellee.

APPEAL FROM THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT, GRAND BASSA COUNTY. Argued November 10, 1959. Decided January 15, 1960. Where the statutorily prescribed requisites for completion of an appeal are not complied with, the appeal will be dismissed. On appeal from a judgment in a prosecution for rape, upon motion by the appellee, appeal dismissed. No appearance for appellant. Assistant Attorney General J. Dossen Richards for appellee. MR. Court. JUSTICE HARRIS delivered the opinion of the At the call of this case for trial, the clerk informed this Court that a motion to dismiss the appeal had been filed by the appellee, which motion this Court ordered read, and which we hereunder quote : “Now comes, the Republic of Liberia, appellee in the above entitled cause, by and through J. Dossen Richards, Assistant Attorney General of Liberia, of counsel for appellee, and most respectfully moves and prays this Honorable Court to dismiss the appeal taken by the appellant, and for legal and factual reasons submits the following, to wit: “1. Because appellee says that the appellant has failed to file any bill of exceptions in this case, as more fully appears by a certificate issued from the office of the clerk of this Court, herewith filed as a part of this motion, and marked Exhibit ‘A.’ “2. And also because appellee submits that the appeal of the appellant should be dismissed, and so prays, LIBERIAN LAW REPORTS 539 for the reason that the appellant has violated the positive provision of our statute on appeal, in that he has not filed an approved appeal bond as the law mandatorily requires. Appellee respectfully requests this Honorable Court to take judicial notice of the records certified to it from the office of the clerk of the Circuit Court of the Second Judicial Circuit, Grand Bassa County. “3. And also because appellee hereby contests the jurisdiction of this Court over her person because there has been issued, served, and returned, no notice of the completion of the appeal taken by the appellant, which notice and the service thereof on the appellee, places her under the jurisdiction of this Honorable Court. This more fully appears by a certificate of the clerk of this Honorable Court, authenticated by the signature and the seal of his office herewith filed and marked Exhibit ‘B,’ forming a part of this motion. Wherefore appellee prays that the appeal be dismissed and the judgment of the trial court upheld and affirmed.” The above motion was not resisted. An inspection of the records in this case, as certified to this Court from the court below, reveals that no bill of exceptions was ever filed, and that an appeal bond was filed unapproved by the Judge. Further inspection shows that no notice of the completion of the appeal was ever issued, served, or returned. Our statute on appeal mandatorily requires the party appealing, within ten days after the rendition of final judgment, to submit his bill of exceptions to the judge for his approval and file same in the office of the clerk of the Court, and within sixty days file an approved appeal bond and a notice of the completion of his appeal. In this case neither of these prerequisites was complied with. This Court therefore has no alternative but to grant the motion and dismiss the appeal. And it is hereby so ordered. Appeal dismissed.