APPEALS AND ERRORS 341

any other justice in the same county or city, and such bond shall have the
same effect as if executed before the justice rendering the. judgment ap-
pealed from.

An. Code, 1924, sec. 101. 1912, sec. 95. 1904, sec. 95. 1888, sec. 92. 1867, ch. 164.
1900, ch. 360. 1902, chs. 144, 474.

102. Before any of the circuit courts of this State or the Baltimore
City court shall proceed to hear or try cases brought to their respective
courts by appeal from the judgments of justices of the peace, they shall
first be satisfied that all costs incurred on the judgments and proceeding
before the justice aforesaid have been paid by the appellant, or that the
appellant has given bond, conditioned for the payment of the same, if he
does not prosecute his appeal successfully. This section is not to apply to
Allegany county, nor to Frederick county; provided, that in Frederick
county the appellant shall have given a sufficient bond as provided by section

99 of this article.

This section was passed for the protection of the justice and his officers, and not
of the parties to the suit. The payment of costs is a condition precedent to the hearing,
and not to the appeal. If the non-payment of the costs is not raised, the judgment
is not void on that ground. B. & O. R. R. Co. v. Waltemyer, 47 Md. 332.

No question of the constitutionality of this section has ever been raised. Knee v.
Baltimore, etc., Ry. Co., 87 Md. 630.

As to costs, see also secs. 14, 16, 30, 71 and 106.

See notes to sec. 93.

An. Code, 1924, sec. 102. 1912, sec. 96. 1904, sec. 96. 1888, sec. 93. 1870, ch. 56.

103. Where any judgment of a justice of the peace, imposing any fine
or penalty for the violation of any law or ordinance, shall be affirmed upon
appeal, the court to which such appeal is taken shall have the power to
commit the defendant or appellant in case of non-payment of such fine
or penalty and costs; provided, that no person shall be imprisoned under
this section for a longer period than thirty days for any one offence.

See art. 52, sec. 13.

1937, ch. 238.

104. In any case, civil or criminal, in which a final judgment has been
rendered by the Circuit Court of any County, or by one of the Courts
of Baltimore City, upon appeal from a Justice of the Peace, if it shall be
made to appear to the Court of Appeals, upon petition of any party
thereto, that a review is necessary to secure uniformity of decision, as
where the same statute has been construed differently by the Courts of
two or more Circuits, or that there are other special circumstances render-
ing it desirable and in the public interest that the case should be reviewed,
the Court of Appeals shall require, by certiorari or otherwise, any such
case to be certified to the Court of Appeals for its review and determination.

Amendment on Appeal from Justices of the Peace.

An. Code, 1924, sec. 103. 1912, sec. 97. 1904, sec. 97. 1888, sec. 94. 1884, ch. 416.

105. All civil actions and civil proceedings, including the writ, sum-
mons, docket entries and the names of the parties, on appeal from a justice
of the peace, before a circuit court, for any county or the Baltimore City
court, may be amended so as to bring said action to trial on its merits, in the
same manner and to the same extent as now allowed in cases originating
in courts of law; and amendments in any of the said courts shall be allowed