APPEALS AND ERRORS 325

or in double the value of the matter or thing in controversy, which shall
have been recovered or decreed, if a movable chattel or chattels, to be esti-
mated by the court from whose judgment or decree the said appeal shall
be made or writ of error directed, with condition as follows or to the fol-
lowing effect: That if the said party appellant, or party suing out such
writ of error, shall not cause a transcript of the record and proceedings of
the said judgment or decree to be transmitted to the court of appeals within
the time required by law, and prosecute the said appeal or writ of error
with effect, and also satisfy and pay to the said party in whose favor such
judgment or decree was rendered or passed, his executors, administrators
or assigns, in case the said judgment or decree shall be affirmed, as well
the debt, damages and costs, or the damages or sum of money or other mat-
ter or thing, and costs, adjudged in the court from which the appeal is
taken, or writ of error sued out, as also all damages and costs that may be
awarded by the court of appeals, then the said bond to be and remain in full
force and virtue, otherwise of no effect.

Insufficient bond.

An appeal bond conditioned to prosecute an appeal in a court which has no existence,
is not binding and does not stay execution. Tucker v. State, 11 Md. 322.

A bond with one surety is not in compliance with this section. Harris v. Regester,
70 Md. 119.

A bond not in accordance with this section does not stay the proceedings. Johnson v.
Goldsborough, 1 H. & J. 501. Cf. Smith v. Dorsey, 6 H. & J. 261.

If a bond is insufficient, the appellee's remedy is by application to the lower court to
compel the filing of a proper bond. If he fails so to apply, the court of appeals
is powerless. Fullerton v. Miller, 22 Md. 9.

Generally.

The bond, and not the appeal, operates to stay further proceedings. Barnum v.
Barnum, 42 Md. 294.

After the appeal is taken and a bond filed and approved, no step can be taken which
may prejudice the appellant. Ohio R. R. Co. v. Winn, 4 Md. Ch. 254.

If a defendant has appealed in time, he may if he sees fit, defer filing bond until
the last moment before the execution is consummated. Eakle v. Smith, 24 Md. 361.

The fact that a removed receiver has entered an appeal from the order removing
him and filed an appeal bond, will not prevent the court from enforcing its order of
removal. In re Colvin, 3 Md. Ch. 304.

This section does not apply to an appeal of a board of managers from a writ of
mandamus directing them to hold an election. Mottu v. Primrose, 23 Md. 502.

The bond must be construed in connection with the decree; measure of damages
in suit on bond. Woods v. Fulton, 2 H. & G. 71.

The giving of a bond has nothing to do with the right of appeal. Baltimore v. B. & O.
R. R. Co., 21 Md. 52; Price v. Thomas, 4 Md. 520.

The words "prosecute with effect," construed. Karthous v. Owings, 6 H. & J. 138.

Sureties adjudged sufficient. Ringgold's case, 1 Bl. 5.

For a case apparently now inapplicable to this section by reason of changes in the
law, see Thompson v. McKim, 6 H. & J. 331.

Cited but not construed in Bendel v. Zion Church, 71 Md. 85.

Effect of bond in conformity with this section. Liability of surety. Kvedera v.
Mondravisky, 149 Md. 379.

See sec. 33, et seq.; sec. 68, et seq., and sec. 99, et seq.

An. Code, 1924, sec. 58. 1912, sec. 54. 1904, sec. 54. 1888, sec. 52.
1826, ch. 200, secs. 3, 4, 5. 1864, ch. 322.

58. The clerk or judge of any court of law or equity shall approve any
bond under the preceding section, but no appeal bond in any case shall be
approved, and no execution upon any judgment, order or decree in any of
the courts of law or equity, shall be stayed or delayed by an appeal, unless
the person against whom such judgment, order or decree has been recovered
or passed, his heirs, executors or administrators, shall upon praying such
appeal, file in the case an affidavit that said appeal is not taken for delay.

Cited but not construed in Kvedera v. Mondravisky, 149 Md. 380.