ART. 5.] APPEALS.

months after the appeal has been entered, or writ
of error produced, the court from which the appeal
was taken may, on motion, strike out the entry of
such appeal, and proceed to execution, or other
proceedings, as if such appeal had never been
entered, and thereafter no other appeal or writ of
error shall be allowed.
32. 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 staid or delayed by an appeal, unless the
person or persons against whom such judgment,
order or decree has been recovered or passed, his
heirs, executors or administrators, shall upon pray-
ing such appeal, file in the case an affidavit that said
appeal is not taken for delay.

In force from June 1, 1864.

17

1864, c 322.

No appeal bond
to be approved,
nor execution
stayed, unless
affidavit that
appeal is not
for delay.

APPEALS FROM JUSTICES OF THE PEACE.

1867, c. 164 enacts as follows :

59. Before any of the circuit courts of this state
or the court of common pleas of the city of Balti-
more, 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 judgment and proceed-
ings before the justice aforesaid, shall have been
paid by the appellant.

In force from March 21, 1867.

1867, c. 164.

Costs below to
be paid by ap-
pellant before
hearing above.