778

APPEALS AND WRITS OF ERROR. [ART. 71.

ment and proceedings before the justice aforesaid, shall have been
paid by the appellant.

Art 5, s 56
1791, c 68, B 4 ,
1829, c 236,
1852, c 239, B 3
No stay of exe-
cution without
bond
11 Md 322
3 Gill 299 , 4
Cranch, 60

Condition of
bond

84. No appeal from a judgment of a justice of the peace shall
stay execution, unless an appeal bond, in double the sura recovered,
with approved and sufficient security, be filed with the justice, with
condition that if the party appealing shall not prosecute his appeal
at the next Circuit Court for the county, or the next term of the
Baltimore City Court with effect, and also pay and satisfy the party
in whose behalf the judgment of the justice shall be given, his ex-
ecutors, administrators, or assigns, in case the said judgment shall
be affirmed, as well the debt, damage, and cost, adjudged by the
justice from whose judgment such appeal shall be made, as also all
costs and damages that shall be awarded by the court before whom
such appeal shall be heard, tried, and determined, then the said
bond to be and remain in full force and virtue, otherwise to be of
none effect.

Art 5, s 67
1825, c 68, s 1
Execution
stayed by bond,
notwithstand-
ing levy.

Proviso

85. When an appeal bond shall he filed with sufficient security,
the said appeal shall operate as a supersedeas to any execution on
said judgment, notwithstanding a levy may have been made, pro-
vided, the said appeal shall be taken and the bond filed within sixty
days after judgment, and the party appellant first pays or tenders
payment to the officer making such levy all legal fees which shall
have accrued on said levy.

Art S, s 58.
1849, c 78, s 1
How bond ap-
proved if jus-
tice dies

86. If the justice of the peace rendering any judgment appealed
from goes out of office, by death or otherwise, before an appeal bond
has been executed by the party appealing, such appeal bond may be
executed before any other justice in the same county or city, and
such bond shall have the same effect as if executed before the jus-
tice rendering the judgment appealed from.

APPEALS FROM THE COMMISSIONER OF THE LAND office.

Art 5, s 46.
1852, c 361, s 2 ,
1853, c 415, B 4
Appeals from
commissioner of
Land Office
21 Md 135 , 23
Md 432 , 30 Md
473
FrOTiso.

87. All parties aggrieved by any judgment, final order, or deter-
mination, in any case affecting the title to lands made by the com-
missioner of the Land Office, shall have full power and right to
appeal from such judgment, order, or determination to the Court of
Appeals; provided, that no such appeal shall stay proceedings,
unless bond and security be given in the manner herein required in
appeals from courts of equity

Rules of Court
of Appeals,
No 14.
Within what
time to be
taken.

88. All appeals allowed from the judgments or orders of the
commissioner of the Land Office shall be taken within nine months
from the date of the judgment or order appealed from, the party
appealing filing at the time of such appeal the ground or reasons
therefor; and thereupon it shall be the duty of the said commis-
sioner to make out, under his hand and the seal of his office, and
transmit to the Court of Appeals a transcript of the record of pro-
ceedings in such case, within sixty days from the time of the appeal