APPEALS AND ERRORS 323

An. Code, 1924, sec. 50. 1912, sec. 46. 1904, sec. 46. 1888, sec. 44. 1853, ch. 68, sec. 2.

50. Every application for a writ of diminution shall contain a speci-
fication in writing of the parts of the records or proceedings requisite to be
supplied, which shall also be incorporated in the writ of diminution, for

the guidance of the inferior court.

If an appellant is not satisfied with the record as transmitted, he may apply for a
writ of diminution under this section. Only the case as found in the record can be
reviewed. Schwallenberg v. Jennings, 43 Md. 556.

An. Code, 1924, sec. 51. 1912, sec. 47. 1904, sec. 47. 1888, sec. 45. 1853, ch. 68, sec. 3.

51. The issuing of a writ of diminution shall not delay the hearing in
the court of appeals of any cause, if the return thereto be made before the
said cause shall be called for hearing, unless for good cause shown.

An. Code, 1924, sec. 52. 1912, sec. 48. 1904, sec. 48. 1888, sec. 46. Rule 21.

52. In all cases where a writ of diminution shall be issued, the clerk
of the inferior court, to which the writ may be sent, shall, in his return
thereto, transmit to the court of appeals only so much of the proceedings
remaining of record in the inferior court as may be- necessary to correct
the alleged errors or defect in the transcript first sent to the court of appeals.

An. Code, 1924, sec. 53. 1912, sec. 49. 1904, sec. 49. 1888, sec. 47. Rule 24.

53. All appeals shall be brought into the Court of Appeals by tran-
scripts of the records of the Courts below, as contemplated by the Consti-
tution, and shall be made up as directed by the Rules of the Court of
Appeals and by statute. Before the Clerk shall be required to have any
transcript in any civil case printed, the appellant or appellants shall, upon
being informed of the amount of the cost, pay or secure to be paid to the
Clerk the amount of such cost, so that the Clerk shall not be required to pay
out money for printing and incur the risk of loss in not being able to collect
the cost from the parties from whom it may be due, after the work is done.
And if there be cross-appeals, or more than one appeal, embraced in one
transcript, the cost shall be duly apportioned; and no appeal shall be con-
sidered as ready for hearing until this rule shall be complied with by the
appellant or appellants. But nothing herein contained shall be taken to
prevent the appellee from having the appeal dismissed, or the judgment,
order or decree affirmed, under rule of Court, for failure on the part of
the appellant to have the appeal ready for argument.

Where several parties appeal from the same decree, one of the appellants will not
be required to pay for an additional record which has no bearing on his appeal. Cor-
rect practice as to the payment of costs where several parties have conflicting or dif-
ferent interests affected by the same decree. Cross appeals. This section construed in
connection with sec. 47. Boyce v. McLeod, 107 Md. 8.

The only method by which a record can be brought into the court of appeals is as
pointed out by this section and sec. 44. An agreed statement of facts cannot be sub-
stituted. McDevitt v. Bryant, 104 Md. 190.

See notes to sec. 12.

See art. 36, sec. 13.

An. Code, 1924, sec. 54. 1912, sec. 50. 1904, sec. 50. 1888, sec. 48.

54. All briefs in civil causes preparatory to the argument of such
causes, as required by the rule of court, shall be filed with the clerk in
manuscript; and the clerk shall furnish the requisite number of printed
copies thereof, at the rate of cost provided in the preceding section; and
the amount of such cost shall be paid, or secured to be paid, by the party