ART. 5]

APPEALS AND EEEOES.

127

Abatement in Court of Appeals. 75. Not to abate by death of parties. New parties. 70. Death of appellant before begin- ning of term. 77. Death of party pending appeal hav- ing attorney in court. 78. Execution on Judgment entered without notice of death. 79. Case of death before or after judg- ment; proviso, Appeals in Criminal Cases. 80. Bills of exception In criminal cases ; affidavit of counsel; stay of exe- cution; bail. 81. Remanding of record for correct sentence. Appeals from the Commissioner of the Land Office. 82_ Any party aggrieved may appeal. Appeal bond. 83. Time for taking appeal and trans- mitting record. Appeals from County Commissioners. 84. Appeals by party aggrieved or tax- payer within sixty days from order or decision. Payments of cost. Docketing of appeal.

S5. Jury trial. Powers of circuit courts. Appeals from Justices of the Peace. 86. To he taken to the circuit court or Baltimore city court. How to be tried. 87. Personal representative of de- ceased may appeal. 88. Justice must enter appeal and transmit papers. 80. Appeals to be docketed and appel- lee summoned. 90. When appeal shall stand for trial. 91. On two non ests, case may be tried ex parte. 92. Execution stayed by appeal bond. 93. Bond to be filed, when. 94. How executed in case of death ot justice. 95. Costs before justice to be paid be- fore trial of appeal. This sec- tion not to apply to Allegany county, nor Frederick county. 96. Commitment for non-payment of penalty. Limit of imprisonment. Amendment on Appeal from Justices of the Peace. 97. Amendments in discretion of court. 98. Continuances and costs upon ap- peal.

1904, art. 5, sec. 1. 1888, art. 5, sec. 1. 1860, art. 5, sec. 1. 1713, ch. 4. 1729,

ch. 3. 1811. ch. 171. 1818. ch. 204. sec. 1. 1826. ch. 200,

sec. 2. 1852, ch. 239, sec. 3. 1853, ch. 220,

sec. 13. 1853, ch. 415, sec. 4.

1. An appeal may be taken from a court of law or equity by applica-
tion to the clerk; from the orphans' court by application to the register;
from the commissioner of the land office by application to the com-
missioner; from the county commissioners by application to their clerk,
and from a justice of the peace by application to the justice; or by filing
a petition with the clerk of the court to which the appeal is made; and
upon such application, if made within the time prescribed by law for
taking such appeal, the clerk, register, commissioner or justice to whom
the same is made shall enter a prayer of appeal upon his docket or
minutes of proceedings, and transmit the papers or a transcript of the
record, as hereinafter required.

A motion to dismiss an appeal does not go to the merits, but raises the

question of the time and form of the appeal. Ringgold v. Emory. 1 Md. 350.

The filing of a bill of exceptions is not equivalent to the entry of an

appeal. State v. Mackall. 11 G. & J. 450; Bond v. Citizens, etc.. Bank, 65 Md

501.

An order of appeal is mandatory upon the lower court. Thompson r.
McKim, 6 H & J. 302.

If the court is evenly divided upon a motion to dismiss an appeal, the
motion can not prevail. Hatton v. Weerns, 12 G. & J. 102.