ART. 71.] APPEALS AND WRITS OF ERROR.

777

75 . If. upon an appeal being entered in the Orphans' Court, the
parties shall mutually agree, and enter their assent in writing, to be
filed by the register of wills, that the appeal shall be made to the
Circuit Court for the county, or Superior Court of Baltimore City,
the Orphans' Court shall direct the transcript of the proceedings to
be transmitted to the Circuit Court, or Superior Court of Baltimore
City, whose decision shall be final.

Art. 5, s 44
1818, c 204, s 2
Appeal by con-
sent to Circuit
Court of county
or Superior
Court of Balti-
more City.

76. It shall be the duty of the clerk or register transmitting a
record to the Court of Appeals to mark upon the record the amount
of the costs taxed against the plaintiff and defendant respectively,
to the time of the appeal.

Art 5, B 45
1836,c 289, s 1
Costs on all ap-
peals to be in-
dorsed on
record

APPEALS FROM JUSTICES OF THE PEACc.

77. Any party aggrieved thereby may appeal from any judgment
of a justice of the peace to the Circuit Court of the county, or Balti-
more City Court, at any time within sixty days from the rendition
of such judgment; and the court to which such appeal is taken
shall hear the case de novo, and determine the same, according to
law and the equity and right of the matter, and this section shall be
construed to include all actions of debt for the collection of fines,
penalties, and forfeitures, imposed by any law of the State, and
which are made recoverable before a justice of the peace, in which a
right of appeal may not be given by the law imposing the same.

1872, c. 182
Within what
time appeal
allowed from
judgment of
justice of the
peace to Circuit
Court of county,
or Baltimore
City Court
Case to be heard
de novo
Action for col-
lection of cues,
etc
28 Md 488 , 33
Md 250 , 39 Md.
31)9 , 43 Md 67 ,
46 Md 181

78. If either party die after the rendition of a judgment by a
justice of the peace, his executor or administrator may appeal
within sixty days after the rendition of the judgment.

Art 5, s 51
1834, c 105, B 1.
Within what
time adminis-
trator may
appeal.

79. On the party signifying his intention to appeal, it shall be
the duty of the justice of the pence to enter the appeal with the date
thereof upon his docket, and to transmit the papers in the cause to
the clerk of the Circuit Court, or the clerk of the Baltimore City
Court.

Art 5, s 52
1852, c 239, s 3.
Justice to enter
appeal on docket
and transmit
papers.

80. All appeals shall be docketed, and summons for the appellee
issued by the clerk of the Circuit Court, or Baltimore City Court,
immediately upon the filing the papers in his office, and no petition
shall be necessary in any casc.

Art 5, s 53
1852, c 239, a 3
Appeals to be
docketed by
clerk of court
and summons
issued

81 . If the summons shall be returned summoned, and the papers
shall have been filed ten days previous to the commencement of the
then nest term of the court, the case shall stand for trial at the first
term; but, if the papers are not filed within that time, the case shall
not stand for trial until the second term.
82 If two summonses be returned non est, or one summons be
returned " served," the court may hear and determine the case ex
partc.
83. Before any of the Circuit Courts of this State, or the Balti-
more City Court, 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 Judg-

Art 5, s 54
1853, c 2J9, s 3
Cases when to
stand for trial

Art 5, s 65
1852, c 76, s. 3;
1852, c 336
When court
may determine
case ex parte
34 Md 333

1867, c 164
Costs below to
be paid by ap-
pellant before
hearing abovc.
47 Md 328.