ART. 5.] APPEALS. 27

such sureties, and for requiring additional security in any case,
as they may deem proper.

35. In case any such bond shall be rejected, the court or judge
rejecting the same shall have a discretionary power to grant
farther time to the party to file another bond; and if upon in-
dulgence the party shall file a new bond which shall be ap-
proved, the supersedeas thereupon granted shall have a relation
back to the day of the filing the first bond.

36. No bond required by this article to be executed for the
purpose of staying or delaying execution upon any judgment or
decree which shall be approved, shall be avoided for any matter
of form.

37. Any judgment confessed before a justice of the peace
for staying execution, on any judgment or decree in any Circuit
Court, or the Superior Court or Court of Common Pleas of the
city of Baltimore, may be appealed from, or a writ of error
thereon may be brought in like manner, and there shall be the
same proceedings to stay execution thereon as herein prescribed
in relation to judgments rendered in courts of law; and the bond
entered into on making the appeal or suing out the writ of
error, and the sureties therein, shall be approved by the clerk of
the court in which the original judgment or decree was ren-
dered.

38. The bond, which any appellant, who may die pending any
appeal or writ of error, shall have executed for the prosecuting
an appeal, or suing forth a writ of error, and the securities
therein, shall be liable and answerable to the appellee, his exe-
cutors, administrators or assigns, for the due prosecution of the
said appeal or writ of error.

APPEALS FROM ORPHANS' COURTS.

39. In all decrees, orders, decisions and judgments made by
the Orphans' Court, the party who may deem himself aggrieved
by such decree, order, decision or judgment, may appeal to the
Court of Appeals; Provided, such appeal be made within thirty
days after such decree, order, decision or judgment.

40. If the decree, order, decision or judgment shall have been
given or made on a summary proceeding, and on the testimony