ART. 5.] APPEALS FROM COURTS OF LAW. 21

stating, in lieu thereof, the fact of such motion being made, and
how disposed of by the court, unless, where any of the foregoing
matters or proceedings may be used as evidence in the cause, or
where some question may arise in regard thereto, reviewable by
the court of appeals, then, so much only of any such matter or
proceedings as may be used in evidence, or as appertain to the
decision or determination desired to be reviewed, shall be incor-
porated in the transcript, and no more; the intent being to
avoid incorporating in the transcript any matter or thing not
material to the full and fair presentation of the questions to be
reviewed by the appellate court
Weir r. State, 39 Md. 434.

P. G. L., (1860,) art. 39, sec. 41. 1785, ch. 80, sec. 6. 1878, ch. 61.

13. Upon the reversal or affirmance of the judgment of a
court of law, the court of appeals shall award the costs which
may have accrued in the court below, and in the court of appeals
in such manner as to the said court seems right and proper, and
shall give judgment for the same, and may enforce such judg-
ment by execution.

Sellers v. Zimmerman, 21 Md. 355. Price v. Nesbitt, 37 Md. 618. State v.
Mayor & C. C of Balto., 52 Md 398. State v. Malster, 57 Md 314. Attrill v.
Patterson, 68 Md. 261.

F. G. L., (1860,) art. 5, sec. 14. 1800, ch 69.

14. On reversing any judgment, or part of a judgment, at
law, the court of appeals shall have power to give such judg-
ment as ought to have been given by the court below, and may
in all cases enforce their judgment by execution.

McCormick v. Deaver, 22 Md 187. Howard's Lessee v Carpenter, 22 Md.
249. McDonald v. State, 45 Md. 90. Frank v. Morrison, 55 Md. 399.

P. G. L., (1860,) art. 29, sec. 87. 1809, ch. 153, sec. 2.

15. If the court shall be of opinion that there appears to be
sufficient matter of substance on any appeal or writ of error, to
enable them to proceed thereon, the same shall not be reversed
or dismissed for want of form; and the court may permit any
entry to be made by either party during the pendency of the
appeal, which might have been made by such party after verdict