40 APPEALS AND ERROR. [ART. 5.

Rule 13. F. G. L., (1860,) art 5, sec. 41. 1798, ch. 101, sub-ch. 2, sec. 11,
sub ch. 15, sec. 18. 1842, ch. 27.

60. All appeals allowed from orders or decrees of the orphans'
court to the court of appeals, shall be taken and entered within
thirty days after such order or decree appealed from; and the
register 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 proceed-
ing, not necessary to the determination of the appeal, shall be
incorporated

Schwallenberg v. Jennings, 43 Md. 554.

Ibid. sec. 42. 1798, ch. 101, sub-ch. 2, sec. 11. 1798, ch. 102, sub ch. 15, sec. 18.

61. The court of appeals shall either affirm the decree, judg-
ment, decision or order of the court below, or direct in what
manner 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 direc-
tions thereof.

Offutt v. Gott, 12 G. & J 386. Bowling v. Lamar, 1 Gill, 358. Stewart .
Pattison, 8 Gill, 46. Levering v. Levering, 64 Md. 399.

Ibid. sec. 43. 1798, ch. 101, sub-ch. 16, sec. 19.

62. 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, if the said orphans' court can provide for
the conforming to the decision of the court of appeals, whether
the said decision may eventually be for or against the appellant.

Offutt v. Gott, 12 G. & J. 386. State v. Williams, 9 Gill, 172. Thomas v.
Knighton, 23 Md. 318. Bruscup, Admr. v. Taylor, 26 Md. 410. Jones, Admx.
v. Jones, 41 Md. 354. Biddison v. Story, 57 Md. 96.

Ibid. sec. 44. 1818, ch. 204, sec. 2.

63. 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