APPEALS AND ERRORS 285

	Appeals from County Commissioners. 91 Appeals by party aggrieved or tax- payer within sixty days from order or decision Payments of cost Docketing of appeal 92 Jury trial Powers of circuit courts Appeals from Justices of the Peace. 93 To be taken to the circuit court or Baltimore city court How to be tried 94 Personal representative of deceased may appeal 95 Justice must enter appeal and trans- mit papers 96 Appeals to be docketed and appellee summoned 97 When appeal shall stand for trial 98 On two non ests, case may be tried ex parte	99 Execution stayed by appeal bond 100 Bond to be filed, when 101 How executed in case of death of justice 102 Costs before justice to be paid be- fore trial of appeal This section not to apply to Allegany county, nor Frederick county 103 Commitment for non-payment of penalty Limit of imprisonment 104 Review by court of appeals Amendment on Appeal from Justices of the Peace. 105 Amendments in discretion of court 106 Continuances and costs upon appeal Appeals in Cases of Contempt. 107 Appeals in cases of direct and con- structive contempt

Appeals from Courts of Law.

An Code, 1924, sec 1 1912, 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 415, sec 4 1853, ch 220, sec 13

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 ments, 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, H 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 can-
not prevail Hatton v Weems, 12 G & J 102

This section referred to in construing art 101, sec 70 Monumental Printing Co v
Edell, 163 Md 555

An Code, 1924, sec 2 1912, sec 2 1904, sec 2 1888, sec 2 1713, ch 4 1785, ch 87,

sec 6 1914, ch 433

2. From any judgment or determination of any court of law in any
civil suit or action or in any prosecution for the recovery of any penalty
or fine or damages, any party may appeal to the Court of Appeals; and
such appeal may be taken with or without the assent or joinder of co-
plaintiffs or co defendants in such appeal