ART. 5.] APPEALS FROM ORPHANS' COURTS. 41

city, the orphans' court shall direct the transcript of the proceed-
ings to be transmitted to the circuit court, or superior court of
Baltimore city, whose decision shall be final.
State v. McCarty, 64 Md. 253.

P. G. L., (1860,) art. 5, sec. 45. 1836, ch. 289, sec. 1.

64. 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.

Costs.

P. G. L., (1860,) art. 29, sec 42.

65. In appeals from the courts of equity and orphans' courts,
the awarding of costs shall be in the discretion of the court of
appeals.

Haffner v. Dickson, 2 H. & J. 46. Worthington v. Bicknell, 2 H. & J. 58.
Hoffman v. Baker, 2 H. & J. 486 Dorsey v. Smith, 7 H & J 345. Ringgold
v. Ringgold, 1 H. & G. 13. Clagett v. Salmon, 5 G A J. 314. Hatton v. Weems,
12 G. & J. 85. Waring's Admr v. Edmonds, 11 Md. 433. Calvert v. Carter,
18 Md. 75. Sellers v. Zimmerman, 21 Md. 355. Mears v. Moulton, 30 Md.
145. Hamilton v. Schwehr, 34 Md. 107.

Appeals In Cases of Forfeiture ef Charter.

Rule 22.

66. The appeal allowed by section 263 of article 23, shall be
taken within thirty days from the date of the judgment or deter-
mination of the court appealed from; and the transcript of the
record shall be transmitted to this court within thirty days from
the day of the appeal entered.

Rule 23.

67. The appellant or appellants, if the defendant or defendants
in the cause, upon praying such appeal, in order to stay the execu-
tion or enforcement of the judgment appealed from, shall tender
and file in the cause an appeal bond, in such form and with such
sureties as may be approved by the court; the penalty in such
bond not to exceed, in any case, the sum of ten thousand dollars.