APPEALS AND EEEOES. 215

An. Code, sec. 13. 1904, sec. 13. 1888, sec. 12. Rule 7.

15. In making up the transcript of records to be transmitted to the
court or appeals, the clerks of the courts below shall omit from such tran-
scripts the formal headings and commencement of the record, stating only
the titling of the cause, and the time of the commencement of the suit or
proceedings; they shall also omit all writs, or original process for appear-
ance, where the party has appeared; all entries of continuances and impar-
lances; all entries of motions and rules to declare or plead; all entries of
applications for continuances, for commissions, or for warrants of resur-
vey, and the affidavits in support thereof, together with the rulings of the
court on such applications; all entries of motions or rules of security for
costs, together with the proceedings and rulings thereon; all entries of
empanneling, swearing, and names of jurors, and all other merely inci-
dental motions and rules made in the progress of the cause; all pleadings
withdrawn, waived or superseded by amendment; all commissions to take
testimony and the formal returns thereto, and all warrants of resurvey,
the clerk stating the time of issue and return of such warrant; all replevin,
retorno habendo, and appeal bonds, and affidavits filed on taking appeals;
all formal entries of motions for new trials, and the rulings thereon, together
with the affidavits and other evidence used on such motions, the clerk
stating in lieu thereof, the fact of such motion being made, and how dis-
posed of by the court, unless, where any of. the foregoing matters or pro-
ceedings 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 sec. 86 of this article. Weir v. State, 39 Md. 435.
As to the cost of records, see art. 36, sec. 13.

An. Code, sec. 14. 1904, sec. 14. 1888, sec. 13. 1785, ch. 80, sec. 6. 1878, ch. 61.

16. 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. 620.

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 1785, ch. 80, sec. 6, see Sellers v. Zimmerman,
21 Md. 356.

As to costs, see also secs. 14, 30, 46, 71 and 104. As to the payment of costs in
cases before justices of the peace, see sec. 101.

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. 74.

As to the cost of records, see art. 36, sec. 13.