28 APPEALS. [ART. 5.

of witnesses, the party shall not be allowed to appeal, unless he
shall immediately notify his intention and request that the testi-
mony be reduced to writing, and in such case the depositions
shall be at the cost of the party in the first instance reduced to
writing.

41. The register shall make out, and transmit to the Court of
Appeals, a full transcript or record of the whole proceedings of
the court in such case, under the hand of the register and the seal
of the court, within sixty days after the appeal, or to the next
Court of Appeals after said appeal is entered, and upon the
receipt of such transcript by the clerk of the Court of Appeals,
he shall enter the case upon his docket as of the term next after
the date of said appeal.

42. The Court of Appeals shall either affirm the decree, judg-
ment, decision or order of the court below, or direct in what
manner it shall be changed or amended, and the decision of the
Court of Appeals shall be final and conclusive, and when certified
under the seal of the court and transmitted to the Orphans'
Court, the Orphans' Court shall proceed according to the tenor
and directions thereof.

43. An appeal from the Orphans' Court shall not stay any pro-
ceedings therein which may with propriety be carried on before
the appeal is decided; Provided, the said Orphans' Court can
provide for the conforming to the decision of the Court of
Appeals, whether the said decision may eventually be for or
against the appellant.

44. If upon an appeal being entered in the Orphans' Court the
parties shall mutually agree, and enter their assent in writing
to be filed by the Register of Wills, that the appeal shall be made
to the Circuit Court for the county, or Superior Court for Balti-
more, the Orphans' Court shall direct the transcript of the pro-
ceedings to be transmitted to the Circuit Court, or Superior
Court for Baltimore, whose decision shall be final.

45. It shall be the duty of the clerk or register transmitting a
record to the Court of Appeals, to mark upon the record the
amount of the costs taxed against the plaintiff and defendant
respectively, to the time of the appeal.