ART. 5.] FROM JUSTICES OF THE PEACE. 49

within sixty days after judgment, and the party appellant first
pays or tenders payment to the officer making such levy, of all
legal fees which shall have accrued on said levy.

P. G. L., (1860,) art. 5, sec. 58. 1849, ch. 78, Bee. 1.

91. If the justice of the peace rendering any judgment ap-
pealed from, goes out of office, by death or otherwise, before an
appeal bond has been executed by the party appealing, such
appeal bond may be executed before any other justice in the
same county or city, and such bond shall have the same effect as
if executed before the justice rendering the judgment appealed
from.

1867, ch. 164.

92. Before any of the circuit courts of this State, or the Balti-
more city court, shall proceed to hear or try cases brought to their
respective courts, by appeal from the judgments of justices of
the peace, they shall first be satisfied that all costs incurred on
the judgment and proceedings before the justice aforesaid, have
been paid by the appellant.

B & O. R R. Co. v. Waltemeyer, 47 Md. 328.

1870, ch. 56.

93. Where any judgment of a justice of the peace, imposing
any fine or penalty for the violation of any law or ordinance,
shall be affirmed upon appeal, the court to which such appeal is
taken shall have the power to commit the defendant or appellant
in case of non-payment of such fine or penalty and costs; pro-
vided, that no person shall be imprisoned under this section for a
longer period than thirty days for any one offence.

Amendment on Appeal from Justices of the Peace.

1884, ch. 416.

94. All civil actions and civil proceedings, including the writ,
summons, docket entries and the names of the parties, on appeal
from a justice of the peace, before a circuit court for any county
or the Baltimore city court, may be amended so as to bring said
action to trial on its merits, in the same manner and to the same
extent as now allowed in cases originating in courts of law; and
amendments in any of the said courts shall be allowed and made
in the discretion of said court, as if said actions, writs and pro
ceedings had originated therein.
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