CHARLES WILSON, Appellant, v. REPUBLIC OF LIBERIA, Appellee.

APPEAL FROM THE CIRCUIT COURT OF THE FOURTH JUDICIAL CIRCUIT, MARYLAND COUNTY. Argued April 2, 1959. Decided April 24, 1959. Where an appellant fails to appear for the hearing of a case on appeal, the appeal may be dismissed. On appeal from a judgment of conviction upon a verdict of guilty of the crime of grand larceny, appeal dismissed. No appearance for appellant. Assistant Attorney General J. Dossen Richards for appellee. MR. JUSTICE MITCHELL delivered the opinion of the Court.* Charlie Wilson, appellant, was indicted and tried at the May, 1956, term of the Circuit Court of the Fourth Judicial Circuit, Maryland County, for the crime of grand larceny. A verdict of guilty was brought against him by the petty jury, and to this verdict exceptions were taken. After the usual preliminaries antecedent to a regular appeal before this Court were gone through, the case came before us. Before going further in this opinion, we feel it necessary to first express that, although this Court is always anxious to delve into the merits of all matters brought on appeal before us as the Court of last resort, and especially matters which partake of a criminal nature in which the liberty and franchise rights of the citizens are involved, yet it is not within our scope to do for parties that which � Mr. Justice Pierre was absent because of illness and took no part in this case. 398 LIBERIAN LAW REPORTS they should do for themselves in safeguarding institutional rights; hence, the application of the law has to be freely invoked when the necessity requires it to be done. An appeal was taken in this case of grand larceny to the October, 1956, term of this Court. Since the completion of the said appeal, regardless of the many assignments made from time to time for a hearing thereof, the appellant has failed to appear in person or by counsel. At the opening of this term of the Court, the case was again assigned for hearing, and when reached and called, no one appearing for the appellant, Assistant Attorney General J. Dossen Richards, representing the appellee, answered and filed the following motion for the Court’s consideration : “The Republic of Liberia most respectfully prays and requests this Honorable Court to dismiss the appeal as taken by the appellant, and to affirm the judgment of the lower court; and for reason states that the appellant has failed and neglected to prosecute his appeal taken to this Honorable Court from the judgment of the trial court; that is to say, there have been more than two assignments of this matter ; and the appellant has not appeared in person or by counsel. The appellee respectfully invokes the rules of this Honorable Court as found in Rule IV of the Revised Rules thereof, Part 6. Wherefore appellee prays that the appeal be dismissed and the judgment of the trial court be affirmed.” The rule sought to be invoked reads as follows : “When a case which has been bulletined is reached for argument and neither party appears, it may be dismissed at the cost of the appellant. If the appellant fails to appear when the case is called for hearing, the court may on Motion of Appellee or on its own motion, dismiss the appeal. In all such cases of dismissal for default of counsel to appear and represent, such defaulting counsel shall, in the absence of written ex- LIBERIAN LAW REPORTS 399 cuse showing cause of their inability to appear, be penalized in a sum of not less than $5 or more than $25 for each such default.” R. Sup. Ct. (1959) IV (6) . This Rule of Court, finds support also under our statute which specifies the grounds on which an appeal may be dismissed ; and we quote the same hereunder : “An appeal from a court of record may upon motion properly taken, be dismissed for any of the following reasons only : (a) failure to file an approved Bill of Exceptions within the time specified in section 373 (b) failure to file an approved appeal bond or material defect in such bond ; (c) failure to have notice of appeal served on appellee; or (d) non-appearance of the appellant on appeal.” 1956 Code, tit. 8, � 380. This Court has ever and anon urged counsel and parties litigant to appear and present causes pending before us for hearing. We cannot encourage any longer an outright disregard for the rules governing our procedure. The motion to dismiss, therefore, being consistent with the rule quoted, supra, and in conformity with law, the appeal is dismissed, and the judgment of the court below is hereby affirmed. And it is so ordered. Appeal dismissed.