APPEALS AND ERRORS 299

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.

No documentary evidence or exhibits shall be omitted from the tran-
script and brought to this Court separately, in the originals or copies, for
reference in the argument and decision, except with the approval of a
member of this Court, or under the authority and direction of statute;
but a statement of the contents and effect of such documentary evidence
or exhibits may be included in the record by stipulation of the parties.
Reproductions of documents by photographic or photostatic process may
only be used to exhibit the form or condition of signatures or other matter
inscribed or printed on the documents, and only in clear, positive form of
black letters or marks upon white ground.¹

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, 1924, sec. 16 1912, 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.

Aa to costs, see also secs 14, 30, 47, 71 and 106 As to the payment of costs in
cases before justices of the peace, see sec 102

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.

An. Code, 1924, sec 17. 1912, sec 15. 1904, sec. 15 1888, sec. 14. 1880, ch. 69.

17. On reversing any judgment, or part of a judgment, at law, the
court of appeals shall have power to give such judgment as ought to have
been given by the court below, and may in all cases enforce their judg-
ment by execution.

Where at the end of the plaintiff's case, the lower court erroneously grants a prayer
taking the case from the jury, the court of appeals will not enter final judgment for
the plaintiff When the court of appeals will enter final judgment. Howard v Car-
penter, 22 Md 256

This section does not authorize the court of appeals to modify a judgment by re-
mitting interest Frank v Morrison, 55 Md 409, Noel Construction Co v Armored
Concrete Co , 120 Md 256

¹ As revised by Court of Appeals, Oct 5, 1933