172 APPEALS AND EREOES. [ART. 5

No appeal lies from the action of the court on a motion for a new trial.
Archer v. State, 45 Md. 460.

This section does not authorize an appeal in habeas corpus cases. Ann-
apolis v. Howard, 80 Md. 245.

The history of this section traced, beginning with the act of 1872, ch. 316.
Avlrett v. State, 76 Md. 514.

For a case construing the act of 1886, ch. 169, see Lamb v. State, 66 Md.
289.

For a case construing the act of 1884, ch. 132, see Baltimore, etc., Co. v.
State, 63 Md. 580.

For cases construing the act of 1872, ch. 316, see Swan v. State, 64 Md.
424; Baltimore, etc., Co. v. State, 63 Md. 580; Crouse v. State, 57 Md, 327;
Munshower v. State, 56 Md. 518; Johns v. State, 55 Md. 353; Forwood v.
State, 49 Md. 539; State v. Carter, 49 Md. 9; Forwood v. State, 49 Md. 537;
State v. Shields, 49 Md. 303; Kearney v. State, 46 Md. 424; Broil v. State,
45 Md. 360 : Dulany v. State, 45 Md. 101; Smith v. State. 44 Md. 533; Wheeler
v. State, 42 Md. 570; Deckard v. State, 38 Md. 200.

This section does not repeal article 5, section 2. Bramble v. State, 88 Md.
687; Salfner v. State, 84 Md. 301; State v. Williams, 85 Md. 233.

C'ited but not construed in Izer v. State, 77 Md. 111; Stout v. State, 76 Md.
319: State v. Bowers. 65 Md. 364; Chesapeake Club v. State. 63 Md. 450;
Maguire v. State, 47 Md. 493; Davis, v. State. 38 Md. 35.

See sec. 4.

1904, art. 5, sec. 81. 1888, art. 5, sec. 78. 1878, ch. 40.
81. Whenever any writ of error or appeal shall be brought upon any
judgment, or any indictment, information, presentment, inquisition or
conviction in any criminal case, and the court of appeals shall reverse
the judgment for error in the judgment, or sentence itself, it shall be
the duty of the court of appeals to remit the record to the court below,
in order that such court may pronounce the proper judgment upon such
indictment, information, presentment, inquisition, or conviction; pro-
vided, however, that it shall be the duty of the court in passing any
sentence under the provisions of this section to deduct from the term
of sentence the time already served by the prisoner under the previous
sentence from the date of his conviction.

This section grew out of the decision in McDonald v. State, 45 Md. 90.
Lynn v. State, 84 Md. 83.

Appeals from the Commissioner of the Land Office.

Ibid. sec. 82. 1888. art. 5. sec. 70. 1860. art. 5. sec. 46.
1852, ch. 361, sec. 2. 1853, ch. 415, sec. 4.

82. All parties aggrieved by any judgment, final order or deter-
mination in any case affecting the title to lands, made by the commis-
sioner of the land office, shall have full power and right to appeal from
such judgment, order or determination, to the court of appeals; pro-
vided, that no such appeal shall stay proceedings, unless bond and
security be given in the manner herein required in appeals from courts
of equity.

A judicial proceeding, commenced by the filing of a caveat, must be had
in order to justify an appeal. When the commissioner acts ministerially,
and when judicially. Jay v. VanBibber, 94 Md. 688.

Where a caveat Is sustained and the patent refused, an appeal lies.
Smith's Lessee r. Devecmon, 30 Md. 480.