254 A.RTICLE 5.

ment, order or determination, to the court of appeals; provided, that no
such appeal shall stay proceedings, unless bond and security be given in the
manner herein required in appeals from courts of equity.

A judicial proceeding, commenced by the filing of a caveat, must be had in
order to justify an appeal. When the commissioner acts ministerially, and when
judicially. Jay v. VanBibber, 94 Md. 688.

Where a caveat is sustained and the patent refused, an appeal lies. Smith's Lessee
v. Devecmon, 30 Md. 480.

An appeal under this section will not be dismissed because the appellant shows
no interest. Patterson v. Gelston, 23 Md. 446 (overruling Gittings v. Moale, 21
Md. 135, on this point).

Cited but not construed in Dorothy v. Hillert, 9 Md. 574.

As to the "Land Office," see art. 54.

An. Code, sec. 83. 1904, sec. 83. 1888, sec. 80. 1852, ch. 361, sec. 2. Rule 16. 1904, ch. 143.

89. All appeals allowed from the judgments or orders of the Com-
missioner of the Land Office, shall be taken within two months from the
date of the judgment or order appealed from, the party appealing filing
at the time of such appeal the ground or reasons therefor; and thereupon
it shall be the duty of the said commissioner to make out, under his hand
and the seal of his office, and transmit to the court of appeals, a transcript
of the record of proceedings in such case, within sixty days from the time
of the appeal taken, but in such transcript no paper or proceedings, not
necessary to the determination of the appeal shall be incorporated.

Cited but not construed in Patterson v. Gelston, 23 Md. 444.

See secs. 6, 36, 37 and 66, and notes.

As to the " Land Office," see art. 54.

Appeals from County Commissioners.

An. Code, sec. 84. 1904, sec. 84. 1888, sec. 81. 1876, ch. 193. 1900, ch. 494.

90. Any person a party to the proceedings feeling himself aggrieved
by any decision or order of the county commissioners, or any taxpayer
not a party to the proceedings, may appeal to the circuit court for the
county at any time within sixty days after the time, of the making of such
decision or order, and upon such appeal being taken in writing, the clerk
of the county commissioners shall immediately transmit a copy of the pro-
ceedings to said circuit, court; and if upon an appeal taken by a taxpayer
not a party to the proceedings the appeal is not sustained, the appealing
taxpayer shall pay the costs of such appeal unless the court shall otherwise
direct, and all appeals from decisions of the county commissioners shall be
docketed against the party or petitioner in whose favor the decision below
was made.

An injunction to restrain the county commissioners from closing a public road
denied under art. 25, sec. 13, and under this section, there being no lack of good
faith, fraud or conspiracy on the part of the commissioners and no question of a
way of necessity. Under this section and sec. 91, the court of appeals cannot review
the judgment of the circuit court on appeal from the county commissioners, pro-
vided such court had jurisdiction over the subject-matter. Proper party to appeal.
Jurisdiction. Harford County v. Jay, 122 Md. 325.

This and the following section referred to in upholding the right of a party
prosecuting an appeal from a decision of the industrial accident commission to
introduce any proper oral evidence upon such appeal; see notes to art. 101, sec. 56.
Frazier v. Leas, 127 Md. 577.