ART. 71.] APPEALS AND WRITS OF ERROR.

769

34. In any cause in which one or more appellants or appellees,
plaintiffs or defendants, in error, shall have died, or shall die after
appeal taken, or writ of error sued out, and before final judgment
upon such appeal or writ of error in the Court of Appeals, and the
executor of such party, or his administrator, shall have failed, or
shall fail to appear in the Court of Appeals, and to suggest such
death, and judgment has been or shall be given, as if the said party
so deceased was alive, then, and in such event, it shall and may be
lawful for any surviving party to such appeal or writ of error so ad-
judged as aforesaid, to suggest in the Court of Appeals the death
of the said party to the said appeal, or writ of error, prior to the
entering up of the judgment in the said court, and to show to the
Court of Appeals who is the executor, or administrator of the de-
ceased party, and in that event, it shall be competent for the said

1862, c 167
Death of par-
ties after appeal
taken, befure
judgment and
no suggestion
of death by ex-
ecutor, etc

Court of Appeals to order execution to issue in the said cause, to
the same extent, and in the same manner, as if the said executor or
administrator had suggested the death of the person so dying as
aforesaid, and had appeared to prosecute or defend sard writ of error
or appeal.

APPEALS IN CASES OF FORFEITURE OF CHARTER.

Execution
against execu-
tor, etc.

35. The appeal allowed by section 8 of article LXVII of this
Code, subtitle Proceedings against Corporations, shall be taken
within thirty days from the date of the judgment or determination
of the court appealed from; and the transcript of the record shall
be transmitted to the Court of Appeals within thirty days from the
day of the appeal entered.
36. The appellant or appellants, if the defendant or defendants
in the cause, upon praj ing such appeal, in order to stay the execu-
tion or enforcement of the judgment appealed from, shall tender

Rules of Court
of Appeals.
Appeals al-
lowed
42 Md 1

Rules of Court
of Appeals.
42 Md 1.

and file in the cause an appeal bond, in such form and with such
sureties as may be approved by the court, the penalty in such bond
not to exceed, in any case, the sum often thousand dollars.

APPEALS IN CRIMINAL CASES

Bond.

37. In all trials upon any indictment or presentment in any
court of this State having criminal jurisdiction, it shall be lawful
for any party accused, or for the State's attorney, in behalf of the
State of Maryland, to except to any ruling or determination of the
court, and to tender to the court a bill of exceptions, which shall be
signed and sealed hy the court, as is now practiced within this State
in civil cases; and the parly tendering such bill of exceptions may
appeal from such ruling or determination to the Court of Appeals ;

1872, c 316
Exceptions to
rulings in crim-
inal cases
38 Md 186 , 39
Md. 434 , 42 Md.
570, 44 Md 533,
45 Md 101,360,
455. 460
46 Md 422.

provided, that the counsel for the accused shall make oath that such
appeal is not taken for delay; and such appeal shall be heard by
the Court of Appeals at the eaihest convenient day after the same
shall have been transmitted to the said court; and after such
49

Proviso.