ART. 71.] APPEALS AND WRITS OF ERROR.

771

43. No appeal from any order shall stay the execution or sus-
pend the operation of such order unless the party praying the ap-
peal shall give bond, with security, to indemnify the other party
from all loss and injury which said party may sustain by reason of
such appeal, and the staying the operation of such order; such
bond to be approved by the judge or clerk of the court where the
proceedings are pending; and upon giving such bond, the appeal
shall stay the operation of all such orders, in the same manner as
appeals do from final decrees.

Art 5, s 23
1830, c 185,s 1;
1845, c 367, s 3 ,
1853, c 374
Stay of execu-
tion
21 Md 51 , 22
Md 2 , 24 Md
600 , 28 Md 190 ,
35 Md 203, 220 ,
42 Md 294
Bond

44. In case a party intends, on an appeal from the final decree
or order in the case, to dispute any previous order, and desires to
stay the operation of such order, he shall state his intention to
dispute the same, in writing, to be filed with the clerk, and shall
give bond in such penalty as the court may prescribe, with security
to be approved by the court or the clerk, to indemnify the other
party from all loss and injury which such party may sustain by
reason of the staying the operation of such order.

Art 5, s 24
1830, c. 185, s 1.
Stay of execu-
tion on appeal
from filial order,
with intention
to dispute pre-
vious order.
Bond

45. Whenever any court having equity jurisdiction shall refuse
to grant an injunction according to the prayer of the bill or petition
filed in the cause, an appeal may be taken from such refusal by any
party aggrieved thereby, and such .right of appeal shall not be preju-
diced by the filing of an answer to the said bill or petition on behalf
of any opposing party, nor by the taking of depositions in reference
to the allegations of the bill or petition to be read on the hearing of
the application for an injunction; and the said appeal shall be heard
on a transcript of the said bill or petition, with such other papers or

1868, c 102
Appeal from
order refusing
to grant injunc-
tion
17 Md 62, 330 ,
18 Md 210,485,
27 Md 77 ,
28 Md 85

proceedings in the cause as may be necessary for the purposes of
the appeal, and so soon as conveniently may be after such transcript
shall have been filed in the Court of Appeals.
46. All transcripts of records, on appeals from courts of equity,
shall be made arid transmitted to the Court of Appeals within six
months from the time of the appeal prayed; but on appeals taken as
provided by the preceding section, the transcript of the record shall
be made and transmitted to the Court of Appeals forthwith after
appeal prayed.

Rules of Court
of Appeals,
No 10
1864, c 322
Within what
time transcripts
of records to be
transmitted
22 Md 447 , 25
Md 389 , 27 Md.
268, 28 Md 564,
30 Md 485 , 33
Md 474 , 37 Md
363, 39 Md 175,
41 Md 124 , 42
Md 381

47. In making up the transcript of the record of equity proceed-
ings to be transmitted to the Court of Appeals, it shall be the duty
of the clerk of the court from which the appeal may be taken, to omit
therefrom the formal heading and commencement of the record,
stating only the titling of the cause, and the time of the commence-
ment of the proceeding; he shall also omit all subpoenas and other
process for appearances of parties, if parties have appeared; all
orders and certificates of publication, stating in lieu thereof the date
of such order, the period of publication, required, how published,
and the time fixed for appearances of parties thereunder; all com-
missions to appoint guardians, and to take testimony, and the formal
returns thereto, stating in lieu thereof the fact and time of issuing
such commissions, and the time of their return; all entries of con-

Rules of Court
of Appeais,

Transcripts of
records, how
made up.