326 ARTICLE 5

An. Code, 1924, sec. 59. 1912, sec. 55. 1904, sec. 55. 1888, sec. 53. 1840, ch. 232.
1861, ch. 17. 1862, ch. 249. 1864, ch. 268.

59. The filing .of. an appeal bond approved as aforesaid and of said
affidavit shall stay any execution which has been issued on any such judg-
ment or decree, whether the same has been in part executed or not; and
the sheriff or other officer in whose hands the execution may be, upon the
exhibition to him of satisfactory evidence that an appeal bond has been
filed and approved, and that said affidavit has been filed, and upon the
receipt of the costs which .have accrued on said, execution, shall stay all
further proceedings, and deliver up the property; provided, that this sec-
tion shall not extend to appeals from courts of common law rendered by
confession, or to any judgment rendered on verdict, unless a bill of excep-
tions has been taken, or a motion in arrest of judgment has been overruled.
This section presupposes the taking of an appeal in due time. The non-payment of
the costs of execution does not destroy the effect of the bond as a stay of execution.
Eakle v. Smith, 24 Md. 361.

The running of the statute of limitations is not arrested pending the stay of execution.
Kirkland v. Krebs, 34 Md. 96.

Cf. sec. 68, and notes; sec. 33 and notes; and sec. 99 and notes.

An. Code, 1924, sec. 60. 1912, sec. 56. 1904, sec. 56. 1888, sec. 54. 1826, ch. 200, sec. 15.

60. The courts of law and equity and the judges thereof, in vacation,
shall have full power and authority to examine into and determine on the
sufficiency of the sureties to any bond filed in the offices of the said courts,
respectively, under this article, and the said courts may from time to time
make such rules and orders for the justifying or proving the sufficiency of
such sureties, and for requiring additional security in any case, as they
may deem proper.

If the bond gives the appellee a secure indemnity (collectively where there is more
than one surety), the bond is sufficient. Barnum v. Raborg, 2 Md. Ch. 528.

The bond being insufficient, the appellee may apply to the lower court to compel
the execution of another one, but if the appellee fails to. do so, the court of appeals is
powerless. Fullerton v. Miller, 22 Md. 9.

Bond held sufficient. Ringgold's case, 1 Bl. 5.

An. Code, 1924, sec. 61. 1912, sec. 57. 1904, sec. 57. 1888, sec. 55. 1826, ch. 200, sec. 16.

61. In case any such bond shall be rejected, the court or judge reject-
ing the same shall have a discretionary power to grant further time to the
party to file another bond; and if upon indulgence the party shall file a new
bond which shall be approved, the supersedeas thereupon granted shall
have relation back to the day of the filing of the first bond.

An. Gode,^;1924, sec. 62. 1912, sec. 58. 1904, sec. 58. 1888, sec. 56. 1826, ch. 200, sec. 17.

62. No bond required by this article to be executed for the purpose of
staying or delaying execution upon any judgment or decree which shall be
approved shall be avoided for any matter of form.

An. Code, 1924, sec. 63. 1912, sec. 59. 1904, sec. 59. 1888, sec. 57. 1826, ch. 200, sec. 11.

63. The bond, which any appellant, who may die pending any appeal
or writ of error, shall have executed for the prosecuting an appeal, or
suing forth a writ of error, and the securities therein, shall be liable and
answerable to the appellee, his executors, administrators or assigns, for the
due prosecution of the said appeal or writ of error.
See sec. 81, et seq.; also sec. 94.