RINGGOLD'S CASE.—1 BLAND. 15

a decree, to the passing of which the party has assented; or which
by his negligence or omission, he has permitted to go against him,
it would seem necessarily to follow, that no appeal ought to be
allowed to a party against whom any such decree had been passed
by this Court, either in the ordinary course, or according to the
special provisions of the Act of Assembly, which authorizes the
Court to proceed ex parte; 1820, ch. 161, s. 1; or under any of the
Acts which authorize the Court to take the bill, pro confesso, as
against an absent, or a contumacious resident defendant; since
the right of appeal has been reserved to such a party by no Act of
Assembly, in any case whatever; and if he were, notwithstanding,
to be suffered to appeal, such a decree would be thereby rendered,
in a great measure, utterly futile; and he might thus be enabled to
turn his own negligence to his particular benefit, by taking ad-
vantage of errors and omissions in the proceedings, which must
have been waived, or might have been cured, or provided for, had he
appeared and answered. But this is a matter which yet remains
to be carefully considered and finally determined by the proper
tribunal.

The Act for regulating the granting of appeals from and to the
Courts of common law, declares, that the method and rule of the
prosecution of appeals shall be in the manner and form as therein
expressed, that is to say, the party appealing shall procure a
transcript * of the full proceedings of the Court whence such
appeal shall be made under the hand of the clerk of the 20
said Court and seal thereof, and shall cause the same to be trans-
mitted to the Court before whom such appeal is to be heard; and
also in the same Court file, in writing, according to the rule of
the same Court, such causes, or reasons, as he had for making the
appeal; upon which transcript the Court, to whom the appea! shall
be made, shall proceed to gne judgment. 1713, ch. 4, s. 4. After
which the Legislature further declared, "that appeals from the
Court of Chancery to the Court of Appeals, shall be subject to
the same regulation and limitation, as to the prosecution of them,
as appeals from the Courts of common law are. 1729, ch. 3: s. 3.
But there is no Act of Assembly which directs, that the execution
of a decree in Chancery shall, in any case, be stayed on the appel-
lant's giving bond, with sureties, for the prosecution of his appeal,
or which, in any manner whatever, prescribes the terms upon which
any appeal may be granted; or the conditions upon which the exe-
cution of any decree of the Court of Chancery shall be delayed
until the appeal can be heard and determined. As to all such
matters, therefore, this Court has always been, as it now is, gov-
erned by the analogous practice of our own Courts, so far as it can
be so considered, and by the rules and practice of the English
Court of Chancery in like cases. (But see the Act passed since
1826, ch. 200.)