38 APPEALS AND ERRORS [ART. 5

unless a bill of exceptions has been taken, or a motion in arrest
of judgment has been overruled.

Dyer's Exrs. e Beatty, 3 H. & McH. 219. Slusser v. Chapline, 4 H. & McH,
222. Blacklock v. Maddox, 4 H. & McH 222. State v. Page, 1 H & J. 475.
Whetcroft's Admrs. v. Dorsey's Ex'rs 1 H. & J. 482. Johnson v. Golds-
borough, 1 H. & J. 499. Beatty v. Chapline, 2 H. & J. 7. Fullerton v. Miller;
22 Md. 1. Black v. Carroll, 24 Md. 251. Eackle v. Smith. 24 Md. 339.
Kirkland v. Krebs, 34 Md 93.

P. G. L., (1860,) art. 5, sec. 34 1826, ch. 200, sec. 15.

54. The courts of law and equity and the judges thereof, in
vacation, shall have full power and authority to examine into
and determine 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 requiring additional security in any case, as
they may deem proper.

Barnum v. Raborg, 2 Md. Ch. 516. Ringgold's Case, 1 Bl. 5.

Ibid. sec. 35. 1826, ch. 200, sec 16.

55. 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 supersedeas thereupon granted shall have relation,
back to the day of the filing of the first bond.

Ibid. sec. 36. 1826, ch. 200, sec. 17.

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

Ibid. sec. 88. 1826, ch. 200, sec. 11.

57. The bond, which any appellant, who may die pending any
appeal or writ of error, shall have executed for the prosecuting
an appeal, or suing forth 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.