242 ARTICLE 5.

A bond not in accordance with this section does not stay the proceedings. Johnson
v. Goldsborough, 1 H. & J. 501. Cf. Smith v. Dorsey, 6 H. & J. 261.

If a bond is insufficient, the appellee's remedy is by application to the lower
court to compel the filing of a proper bond. If he fails so to apply, the court of
appeals is powerless. Fullerton v. Miller, 22 Md. 9.

Generally.

The bond, and not the appeal, operates to stay further proceedings. Barnum v.
Barnum, 42 Md. 294.

After the appeal is taken and a bond filed and approved, no step can be taken
which may prejudice the appellant. Ohio R. R. Co. v. Winn, 4 Md. Ch. 254.

If a defendant has appealed in time, he may if he sees fit, defer filing bond until
the last moment before the execution is consummated. Eakle v. Smith, 24 Md. 361.

The fact that a removed receiver has entered an appeal from the order removing
him and filed an appeal bond, will not prevent the court from enforcing its order
of removal. In re Colvin, 3 Md. Ch. 304.

This section does not apply to an appeal of a board of managers from a writ of
mandamus directing them to hold an election. Mottu v. Primrose, 23 Md. 502.

The bond must be construed in connection with the decree; measure of damages
in suit on bond. Woods v. Fulton, 2 H. & G. 71.

The giving of a bond has nothing to do with the right of appeal. Baltimore v.
B. & 0. R. R. Co., 21 Md. 52; Price v. Thomas, 4 Md. 520.

The words " prosecute with effect," construed. Karthous v. Owings, 6 H. & J. 138.

Sureties adjudged sufficient. Ringgold's case, 1 Bl. 5.

For a case apparently now inapplicable to this section by reason of changes in
the law, see Thompson v. McKim, 6 H. & J. 331.

Cited but not construed in Bendel v. Zion Church, 71 Md. 85.

See sec. 33, et seq.; sec. 68, et seq., and sec. 98, et seq.

An. Code, sec 54. 1904, sec. 54. 1888, sec. 52. 1826, ch. 200, secs. 3, 4, 5. 1864, ch. 322.

58. The clerk or judge of any court of law or equity shall approve any
bond under the preceding section, but no appeal bond in any case shall be
approved, and no execution upon any judgment, order or decree in any of
the courts of law or equity, shall be stayed or delayed by an appeal, unless
the person against whom such judgment, order or decree has been recovered
or passed, his heirs, executors or administrators, shall upon praying such
appeal, file in the case an affidavit that said appeal is not taken for delay.

An. Code, sec. 55. 1904, sec. 55. 1888, sec. 53. 1840, ch. 232. 1861, ch. 17. 1862, ch. 249.

1864, ch. 268.

59. The filing of an appeal bond approved as aforesaid and of said
affidavit shall stay any execution which has been issued on any such judg-
ment or decree, whether the same has been in part executed or not; and
the sheriff or other officer in whose hands the execution may be, upon the
exhibition to him of satisfactory evidence that an appeal bond has been
filed and approved, and that said affidavit has been filed, and upon the
receipt of. the costs which have accrued on said execution, shall stay all
further proceedings, and deliver up the property; provided, that this sec-
tion shall not extend to appeals from courts of common law rendered by
confession, or to any judgment rendered on verdict, unless a bill of excep-
tions has been taken, or a motion in arrest of judgment has been overruled.
This section presupposes the taking of an appeal in due time. The non-payment
of the costs of execution does not destroy the effect of the bond as a stay of execu-
tion. Eakle v. Smith, 24 Md. 361.

The running of the statute of limitations is not arrested pending the stay of
execution. Kirkland v. Krebs, 34 Md. 96.

Cf. sec. 68, and notes; sec. 33 and notes; and sec. 98 and notes.