776

APPEALS AND WRITS OF ERROR. [ART. 71.
APPEAL FROM JUDGMENT ON SUPERSEDEAS.

Art 5, s 37.
Art 18, s 25
1826, c 200, s 11
1860, c 132, s 3
Appeal from
or writ of error
on judgment
confessed before
justice for stay-
ing execution

68. Any judgment, confessed before a justice of the peace for
staying execution on any judgment or decree in any Circuit Court
for the counties may be appealed from, or a writ of error thereon
may be allowed in like manner, and there shall be the same pro-
ceedings to stay execution thereon as herein prescribed in relation
to judgments rendered in courts of law; and the bond entered into

Proceedings

on making the appeal or applying for the writ of error, and the

Bond.

sureties therein, shall be approved by the clerk of the court in which
the original judgment or decree was rendered.

Art 29, s 42
Costs in court's
discretion.
5 Md 612 , 21
Md 355

COSTS ON APPEALS FROM EQUITY OR ORPHANS' COURTS.

69. In appeals from equity and the Orphans' Court, the award-
ing of costs shall be in the discretion of the Court of Appeals.

Art 5, s 39
1818, c 204, s 1
Appeals Irom
decrees, etc , of
Orphans' Court.
20 Md 285,522,
23 Md 327 , 28
Md 12 , 31 Md.
21 . 32 Md 42 ,
35 Md 291, 361 ,
39 Md 145,554,

APPEALS FROM ORPHANS' COUETS.

70. In all decrees, orders, decisions, and judgments made by the
Orphans' Court, the party who may deem himself aggrieved by such
decree, order, decision, or judgment, may appeal to the Court of
Appeals.

41 Md 359

Rules of Court
of Appeals,
No 13
Within what
time appeal to
be taken

71. All appeals allowed from orders or decrees of the Orphans'
Courts to the Court of Appeals, shall be taken and entered within
thirty days after such order or decree appealed from; and the reg-
ister of wills shall make out and transmit to the Court of Appeals,
under his hand and the seal of his office, a transcript of the record
of proceedings in such case within thirty days after the appeal
prayed; but in such transcript no paper or proceeding, not necessary
to the determination of the appeal, shall be incorporated.

Art 5, s 40
1798, c 101,
sub-c 15, s 18.
18 Md 510, 19
Md 73 , 20 Md
522, 21 Md 357,
32 Md 482
Testimony to
be reduced to
writing.
Cost.

72. If the decree, order, decision, or judgment, shall have been
given or made on a summary proceeding, and on the testimony of
witnesses, the party shall not be allowed to appeal, unless he shall
immediately notify his intention, and request that the testimony be
reduced to writing, and in such case the depositions shall be at the
cost of the party in the first instance reduced to writing.

Art 5, s 42
1798, c 101, sub-
c 2, s 11, sub-c
15, s 16
Decision on ap-
peal from Or-
phans' Court
final
1 Gill 358.

73, The Court of Appeals shall either affirm the decree, judg-
ment, decision, or order of the court below, or direct in what man-
ner it shall be changed or amended, and the decision of the Court
of Appeals shall be final and conclusive, and when certified under
the seal of the court, and transmitted to the Orphans' Court, .the
Orphans' Court shall proceed according to the tenor and directions
thereof.

Art 5, s 43.
1798, c 101, sub-
c 15, s 19
In what cases
appeal not to
stay proceed-
ings
23 Md 319 , 26
Md 410 , 41 Md.
354
Proviso.

74. An appeal from the Orphans' Court shall not stay any pro-
ceedings therein which may, with propriety, be carried on before the
appeal is decided , provided, the said Orphans' Court can provide
for conforming to the decision of the Court of Appeals, whether the
said decision may eventually be for or against the appellant.