48 APPEALS AND ERROR. [ART. 5.

court, immediately upon the filing the papers in his office, and no
petition shall be necessary in any case.

P. G. L., (1860,) art. 5, sec. 54. 1852, ch. 239, sec. 3.

87. If the, summons shall be returned summoned, and the
papers shall have been filed ten days previous to the commence-
ment of the then next term of the court, the case shall stand for
trial at the first term; but if the papers are not filed within that
time, the case shall not stand for trial until the second term.

Ibid. sec. 55. 1852, ch. 76, sec. 3. 1852, ch. 336.

88. If two summonses be returned non est, or one summons
be returned served, the court may hear and determine the case
exparte.

Mears v. Remare, 34 Md. 333. Ibid., 33 Md. 246.

Ibid, sec 56. 1791, ch. 68, sec. 4. 1829, ch. 236. 1852, ch. 239, sec. 3.

89. No appeal from a judgment of a justice of the peace shall
stay execution, unless an appeal bond, in double the Bum re-
covered, with approved and sufficient security, be filed with the
justice, with condition that if the party appealing shall not
prosecute his appeal at the next circuit court for the county, or
the next term of the Baltimore city court, with effect, and also
pay and satisfy the party in whose behalf the judgment of the
justice shall be given, his executors, administrators or assigns, in
case the Bald judgment shall be affirmed, as well the debt,
damages and costs adjudged by the justice from whose judgment
such appeal shall be made, as also all costs and damages that shall
be awarded by the court before whom such appeal shall be
heard, tried and determined, then the said bond to be and remain
in full force and virtue, otherwise to be of none effect.

Brewer v. Smith, 3 Gill, 299. Tucker v. State, 11 Md. 322. McCabe v.
Ward, 18 Md. 508.

Ibid. sec. 57. 1825, ch. 68, sec. 1.

90. When an appeal bond shall be filed with sufficient securi-
ties, the said appeal shall operate as a supersedeas to any execu-
tion on said judgment, notwithstanding a levy may have been
made; provided, the said appeal shall be taken and the bond filed