198 COURTS. [ART. 29.

36. Any scire facias against heirs or terre tenants, from the
Court of Appeals, may be sent to the county or city where the
defendant in the original judgment resided, or to the county or
city where the land to be affected by such writ lies.

37. If the court shall be of opinion that there appears to be
sufficient matter of substance on any appeal or writ of error to
enable them to proceed thereon, the same shall not be reversed
or dismissed for want of form, and the court may permit any
entry to be made by either party during the pendency of the
appeal, which might have been made by such party after verdict
in the court below; nor shall any judgment or verdict be
reversed, if there be one good count in the declaration.

38. All writs of error wherein there shall be any variance
from the original record, or other defect, may be amended and
made agreeable to such record.

39. No judgment shall be reversed in the Court of Appeals
because the verdict was rendered for a larger sum than the
amount laid in the declaration, but the plaintiff below or his
legal representative may amend the record by entering a release
of the excess above the sum laid in the declaration.

40. If any entry or amendments which the Court of Appeals
may permit, would require an alteration of the judgment from
which the appeal is taken, the court may, on deciding the appeal,
give such judgment as the entry or amendment may require.

41. Upon the reversal or affirmance of the judgment of a
court of law, the Court of Appeals shall award to the party in
whose favor they shall decide, all the costs which accrued in the
court below and in the Court of Appeals, and shall give judg-
ment for the same, and may enforce such judgment by execution.

42. In appeals from equity and the Orphans' Court, the award-
ing of costs shall be in the discretion of the Court of Appeals.

43. The crier appointed by the Court of Appeals shall receive
two dollars and fifty cents a day for his attendance, and the
sheriff who shall be appointed to attend said court for the pre-
servation of order therein, three dollars and fifty cents a day for
his attendance, and the judges of said court shall, at the end of
each session of said court, give the said crier and sheriff a cer-