1T6 APPEALS AND EEEOES. [ART. 5

1904. art. 5, sec. 92. 1888. art. 5, sec. 89. 860, art. 5. sec. 56. 1791. ch. 68,
sec. 4. 1829, ch. 236. 1852, ch. 239, sec. 3.

92. No appeal from a judgment of a justice of the peace shall stay
execution, unless an appeal bond, in double the sum recovered, with
approved and sufficient security, be filed with the justice, with condi-
tion that if the party appealing shall not prosecute his appeal at the
next circuit court for the county, or the next term of the Baltimore city
court, with effect, and also pay and satisfy the party in whose behalf the
judgment of the justice shall be given, his executors, administrators or
assigns, in case the said judgment shall be affirmed, as well the debt,
damages and costs adjudged by the justice from whose judgment such
appeal shall be made, as also all costs and damages that shall be awarded
by the court before whom such appeal shall be heard, tried and deter-
mined, then the said bond to be and remain in full force and virtue,
otherwise to be of none effect.

An appeal bond is necessary to stay execution in a replevin suit. State
v. Carrick, 70, Md. 591.

No recovery can be had on an appeal bond conditioned to prosecute an
appeal from the Judgment of a court which has no existence; such a bond1
does not operate to stay execution. Tucker v. State, 11 Md .329.

For a case construing the act of 1829, ch. 236. see Brewer x. Smith. 3
Gill. 304.

Cited but not construed in Harris v. Eegester. 70 Md. 116; O'Neale v.
Long, 4 Cranch. 60.
See sec. 53, et seg.

Ibid. sec. 93. 1888, art. 5, sec. 90. 1860, art. 5, sec. 57. 1825, ch. 68, sec. 1.

93. When an appeal bond shall be filed with sufficient securities,
the said appeal shall operate as a supersedeas to any execution on said
judgment, notwithstanding a levy may have been made; provided the
said appeal shall be taken and the bond filed within sixty days after
judgment, and the party appellant first pays or tenders payment to the
officer making such levy, of all legal fees which shall have accrued on
said levy.

It is no defense to a suit on the bond that it was executed more than

sixty days after judgment entered. Object of the act of 1825, ch. 68.

Brewer v. Smith, 3 Gill, 302.

Ibid. sec. 94. 1888, art. 5, sec. 91. 1860, art. 5, sec. 58. 1849, ch. 78, sec. 1.

94. If the justice of the peace rendering any judgment appealed
from, goes out of office, by death or otherwise, before an appeal bond
has been executed by the party appealing, such appeal bond may be
executed before any other justice in the same county or city, and such
bond shall have the same effect as if executed before the justice render-
ing the judgment appealed from.

Ibid. sec. 95. 1888, art. 5, sec. 92. 1867. ch. 164. 1900, ch. 360.
1902, ch. 144. 1902, ch. 474.

95. Before any of the circuit courts of this State or the Baltimore
city court shall proceed to hear or try cases brought to their respective
courts by appeal from the judgments of justices of the peace, they shall
first be satisfied that all costs incurred on the judgments and proceeding