134 APPEALS AND ERRORS. [ART. 5

or stayed, unless a bond shall be given in such penalty and condition,
and with such security as the court may prescribe and approve.

An appeal lies from an order removing a trustee and dismissing the
petition in insolvency. Van Nostrand v. Carr, 30 Md. 128. See also,
Teackle v. Crosby, 14 Md. 22.

While the appeal must be taken within thirty days, the bond may be
filed afterwards. Willis v. Bryant, 22 Md. 373.

An appeal, if not taken within 30 days, will be dismissed, unless the
delay was due to the clerk. Sparks' Appeal, 18 Md. 418; State v. Mister,
5 Md. 16; Glenn v. Chesapeake Bank, 3 Md. 475.

It has not been the practice to exclude Sundays in computing time under
this section. American Tobacco Co. 1;. Stricklaud, 88 Md. 510.

As to special hearings, see see. 44.

As to the right of appeal in insolvency cases, see art. 47, sec. 31.

1904, art. 5, sec. 8. 1888, art. 5, sec. 8. 1860, art. 5, sec. 13. 1849, ch. 88, sec. 4.

1854, ch. 193, sec. 20.

8. The court from whose judgment or order under the insolvent
laws an appeal shall be taken shall immediately, upon the entry of such
appeal, certify and state the questions in and decided by such court;
and no question which shall not appear by such certificate to have been
raised in said court, shall be considered by the court of appeals.

A bill of exceptions, taken and signed in the regular way, is a certificate
within the meaning of this section. Castleburg v. Wheeler, 68 Md. 271. See
also, Bradford v. Jones, 1 Md. 372.

If the opinion of the court clearly shows what was decided and the
grounds of the rulings, it amounts to a sufficient certificate. McHenry v.
McVeigh, 56 Md. 580.

If there be no certificate (or its equivalent), the appeal will be dis-
missed. Waters v. Momenthy, 68 Md. 172; Geary v. Hignutt, 32 Md. 556;
Wright v. Kuhn, 20 Md. 424.

The court of appeals has no power to pass an order directing the lower
court to issue the certificate. Waters v. Momenthy, 68 Md. 172.

Cited but not construed in Gable v. Scott, 56 Md. 180; Jaeger v. Requardt,
25 Md. 240 .

See notes to sec. 7.

Ibid. sec. 9. 1888, art. 5, sec. 9. 1860. art. 5. sec. 12. 1825, ch. 117, sec.
1. 1862, ch. 154. Rule 4.

9. In no case shall the court of appeals decide any point or question
which does not plainly appear by the record to have been tried and
decided by the court below; and no instruction actually given shall be
deemed to be defective by reason of any assumption therein of any fact
by the said court, or because of a question of law having been thereby
submitted to the jury, unless it appear from the record that an objection
thereto for such defect, was taken at the trial; nor shall any question
arise in the court of appeals as to the insufficiency of evidence to sup-
port any instruction actually granted, unless it appear that such question
was distinctly made to and decided by the court below.

Application of this section.

This section applies to appeals at law and not in equity. Wicks v.
Westcott. 59 Md. 279. And see Davis v. Leaf, 2 G. & J. 306.

The Act of 1825, ch. 117. does not apply to appeals from the orphans'
court. Cover v. Stockdale, 16 Md. 1.

This section has no application to an appeal from a judgment of con-
demnation in attachment. Mears v. Adreon, 31 Md. 235; McCoy v. Boyle,
10 Md. 396.