APPEALS AND ERRORS. 251

or writ of error sued out, and before final judgment upon such appeal or
writ of error in the court of appeals, and the executor of such party, or
his administrator, shall have failed or shall fail to appear in the court of
appeals, and to suggest such death, and judgment has been or shall be
given, as if the said party so deceased was alive, then and in such event
it shall and may be lawful for any surviving party to such appeal or writ
of error so adjudged as aforesaid, to suggest in the court of appeals the
death of the said party to the said appeal or writ of error, prior to the
entering up of the judgment in the said court, and to show to the court of
appeals who is the executor or administrator of the deceased party; and in
that event it shall be competent for the said court of appeals to order exe-
cution to issue in the said cause to the same extent and in the same manner
as if the said executor or administrator had suggested the death of the
person so dying as aforesaid, and had appeared to prosecute or defend said
writ of error or appeal.

This section refers to cases where parties die after an appeal has been taken, but
before final judgment in the court of appeals, and not to a case where the plaintiff
dies before the appeal is prayed. Goldschmid v. Meline, 86 Md. 372. Harryman v.
Harryman, 49 Md. 69.

An. Code, sec. 79. 1904, sec. 79. 1898, ch. 29, sec. 76A.'

85. In any case in which the party plaintiff or party defendant shall
have died, either before or after judgment or decree, the heir, executor,
administrator or other proper person may, if he thinks proper, suggest the
death and become a party in the place of such deceased party, and pray an
appeal or writ of error, and appear to such appeal or writ of error for the
purpose of prosecuting the same; provided such appeal or writ of error be
prayed within the time prescribed in this article.

This section apparently grew out of the decision in Goldschmid v. Meline, 86
Md. 373.

Appeals in Criminal Cases.

An. Code, sec. 80. 1904, sec. 80. 1888, sec. 77. 1872, ch. 316. 1884, ch. 132. 1886, ch. 169.

1892, ch. 506.

86. The parties to criminal proceedings shall be entitled to bills of
exceptions in the same manner as in civil proceedings, and appeals from
judgments in criminal cases may be taken in the same manner as in civil
cases; but no appeal in a criminal case shall stay execution of sentence un-
less the counsel for the accused shall make oath that the appeal is not taken
for delay; and such appeal shall be heard at the earliest convenient clay
after the same shall have been transmitted to the court of appeals; and the
accused, upon taking such appeal, shall, in all eases not punishable by
death, or imprisonment in the penitentiary, be entitled to remain on bail,
and in other cases not capital, the court from which the appeal is taken
shall have the discretionary power to admit to bail; provided that nothing
herein contained shall be construed to prohibit the court from requiring
additional or greater bail, pending an appeal, than the accused may already
have given before conviction.