ART. 5] APPEALS FROM COURTS OF LAW——COSTS. 139

may be used as evidence in the cause, or where some question may arise
in regard thereto, reviewable by the court of appeals, then, so much
only of any such matter or proceedings as may be used in evidence, or
as appertain to the decision or determination desired to be reviewed,
shall be incorporated in the transcript, and no more; the intent being
to avoid incorporating in the transcript any matter or thing not material
to the full and fair presentation of the questions to be reviewed by the
appellate court.

This section has no application to affidavits filed on appeal in a criminal
case, under section 80 of this article. Weir v. State, 39 Md. 435.

1904, art. 5, sec. 14. 1888, art. 5, sec. 13. 1860, art. 29, sec. 41. 17S5, ch. 80,

sec. 6. 1&78, ch. 61.

14. Upon the reversal or affirmance of the judgment of a court of
law, the court of appeals shall award the costs which may have accrued
in the court below, and in the court of appeals, in such manner as to
the said court seems right and proper, and shall give judgment for the
same, and may enforce such judgment by execution.

It is only where the Judgment appealed from is reversed "upon the
merits of the question between the parties and not upon the form of
proceeding," that the court of appeals awards costs to the appellant both
above and below. Price v. Nesbitt, 37 Md. 020.

This section applied. Attrill v. Patterson, 58 Md. 261; State v. Malster,
57 Md. 314; State v. Baltimore, 52 Md. 424.

For a case construing the act of 17S5, ch. SO, sec. 6, see Sellers v. 7Zim-
merman, 21 Md. 306.

As to costs, see also sections 12, 26, 42, 67 and 98. As to the payment
of costs in cases before justices of the peace, see sec. 95.

Where the court of appeals orders a new trial, the lower court has
power to stay further proceedings until the costs are paid—art. 75, sec. 70.

Ibid. sec. 15. 1888, art. 5, sec. 14. 1860, art. 5, sec. 14. 1880, ch. 69.

15. On reversing any judgment, or part of a judgment, at law, the
court of appeals shall have power to give such judgment as ought to
have been given by the court below, and may in all cases enforce their
judgment by execution.

Where at the end of the plaintiff's case, the lower court erroneously
grants a prayer taking the case from the jury, the court of appeals will
not enter final Judgment for the plaintiff. When the court of appeals will
enter final judgment. Howard v. Carpenter, 22 Md. 256.

This section does not authorize the court of appeals to modify a Judg-
ment by remitting interest. Frank v. Morrison, 55 Md. 409.

This section gives the appellate court no power to modify criminal
sentences, or direct inferior courts to modify them. McDonald v. State. 45
Md. 97. (See, however, section 81, passed to give the court such power.)

This section applied. Benzinger v. Gies, 87 Md. 709; McCormick v.
Deaver, 22 Md. 105.

This section held applicable Howard v. Carpenter, 22 Md. 20.
As to Judgments, see art. 26, sec. 14, et seq.

Ibid. sec. 16. 1000, ch. 367, sec. 14 A.

16. On reversing any judgment or part of a judgment at law where
the case is remanded for a new trial the parties may, by agreement in
writing, submit the said case to the court of appeals for final adjudica-