ART. 71.] APPEALS AND WRITS OF EFROR.

the said judgment or decree shall be affirmed, as well as the debt,
damages and costs, or the damages or sum of money or other mat-
ter or thing, and costs adjudged in the court from which the appeal is
taken, or writ of error allowed, as also all damages and costs that
may be awarded by the Court of Appeals, then the said bond to be
and remain in full force and virtue, otherwise of no effect.

775

62. The clerk or judge of any court of law or equity, shall ap-
prove 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 stayed
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 praying such appeal,
file in the case an affidavit that said appeal is not taken for delay.

1864, c 322
No appeal bond
to be approved,
nor execution
served, unless
affidavit that
appeal is not for
delay

63. The filing of an appeal bond approved as aforesaid shall stay
any execution which has been issued on any such judgment or de-
cree, whether the same has been in part executed or not; and the
sheriff or other officer in whose hands the execution may be, shall,
upon the exhibition to him of satisfactory evidence that an appeal
bond has been filed and approved, and upon the receipt of the costs
which have accrued on said execution, stay all further proceedings,

Art 5, c 33
1840, c 232,
1861, c 17,
1862, c 249 ,
1864, c 268
Effect of filing
appeal bond.
22 Md 1 ,
21 Md 339.

and deliver up the property , provided, that this section shall not
extend to appeals from courts of common law rendered by confes-
sion, 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

Proviso.

overruled.
64. The courts of law and equity and the judges thereof, in vaca-
tion, shall have full power and authority to examine into and de-
termine 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 re-
quiring additional security in any case, as they may deem proper.

Art 5, s 34
1826, c 200, s 15.
Courts of law
and equity, and
judges thereof,
in vacation, to
determine suf-
ficiency of bond.
2 Md Chan
Dec 516

Additional se-
curity may be
required

65. In case any such bond shall be rejected, the court or judge
rejecting 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 superse-
deas thereupon granted shall have a relation back to the clay of the
filing the first bond.

Art 5, s 35.
1826, c 200, s 16.
Court may give
time to renew
bond.

66. No bond, required by this article to be executed for the pur-
pose of staying or delaying execution upon any judgment or decree
which shall be approved, shall be avoided for any matter of form.

Art 5, a 36
1826 c 200,8 17.
Bond not to be
avoided for
form.

67. The bond which any appellant who maybe pending any ap-
peal or writ of error, shall have executed for the prosecuting an ap-
peal, or applying for a writ of error, and the securities therein,
shall be liable and answerable to the appellee, his executors, ad-
ministrators, or assigns, for the due prosecution of the said appeal
or writ of error.

Art 5, a 38
1826,c 200,8 11
If appellant die,
bond liable