44 APPEALS AND ERROR. [ART. 5.

P. G. L., (1860,) art. 2, sec. 11. 1806, ch. 90, sec. 11.

75. When a case is under rule argument in the court of
appeals, and a party shall die, having an attorney in court, the

court of appeals shall give judgment to have the same effect as
if the party were alive; provided, the heir, executor, or other
proper person may, if he thinks proper, suggest the death and
become a party in the place of the person dying.
Thomas v. Thomas, 57 Md. 504.

1862, ch 167.

76. In any cause in which one or more appellants or appellees,
plaintiffs or defendants in error, shall have died, or shall die
after appeal taken, or writ of error sued out, and before final
judgment upon such appeal or writ of error in the court of
appeals, and the executor of such party, or his administrator,
shall have failed or shall fail to appear in the court of appeals,
and to suggest such death, and judgment has been or shall be
given, as if the said party so deceased was alive, then and in
such event, it shall and may be lawful for any surviving party
to such appeal or writ of error so adjudged as aforesaid, to sug-
gest in the court of appeals the death of the said party to the
said .appeal or writ of error, prior to the entering up of the judg-
ment in the said court, and to shew to the court of appeals who
is the executor or administrator of the deceased party; and in
that event, it shall be competent for the said court of appeals to

order execution to issue in the said cause to the same extent and
in the same manner as if the said executor or administrator had
suggested the death of the person so dying as aforesaid, and had
appeared to prosecute or defend said writ of error or appeal.
Harryman v. Harryraan, 49 Md. 67.

Appeals In Criminal Cases.

1872, ch. 316. 1884, ch. 132. 1886, ch. 169.

77. In all trials upon indictment or presentment in any court

of this State having criminal jurisdiction, it shall be lawful for
any party accused, or the State's attorney, in behalf of the State,
to except to any ruling or determination of the court, and to
tender to the court a bill of exceptions, which shall be signed
and sealed by the court, as is now practised in civil cases; and