APPEALS AND ERRORS. 201

82. Death of appellant before beginning of term. 83. Death of party pending appeal having attorney in court. 84. Execution on judgment entered with- out notice of death. 85. Case of death before or after judgment; proviso. Appeals in Criminal Cases. 86. Bills of exception in criminal cases; affidavit of counsel; stay of execu- tion; bail. 87. Remanding of record for correct sen- tence. Appeals from the Commissioner of the Land Office. 88. Any party aggrieved may appeal. Ap- peal bond. 89. Time for taking appeal and transmit- ting record. Appeals from County Commissioners. 90. Appeals by party aggrieved or tax- payer within sixty days from order or decision. Payments of cost. Docketing of appeal. 91. Jury trial. Powers of circuit courts.

Appeals from Justices of the Peace. 92. To be taken to the circuit court or Baltimore city court. How to be tried. 93. Personal representative of deceased may appeal. 9-1. Justice must enter appeal and trans- mit papers. 95. Appeals to be docketed and appellee summoned. 96. When appeal shall stand for trial. 97. On two non ests, case may be tried ex parte. 98. Execution stayed by appeal bond. 99. Bond to be filed, when. 100. How executed in case of death of justice. 101. Costs before justice to be paid be- fore trial of appeal. This section not to apply to Allegany county, nor Frederick county. 102. Commitment for non-payment of penalty. Limit of imprisonment. Amendment on Appeal from Justices of the Peace. 103. Amendments in discretion of court. 104. Continuances and costs upon appeal.

An. Code, sec. 1. 1904, sec. 1. 1888, 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 commis-
sioner; 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 pro-
ceedings, and transmit the papers or a transcript of the record, as herein-
after 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. 456; Bond v. Citizens, etc., Bank, 65 Md. 501.

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

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