ART. 5] APPEALS FROM COURTS OF LAW—RECORD. 221

ment of the record, stating only the titling of the cause, and
the time of the commencement of the suit or proceedings; they
shall also omit all writs, or original process for appearance,
where the party has appeared; all entries of continuances and.
imparlances; all entries of motions and rules to declare or
plead; all entries of applications for continuances, for commis-
sions, or for warrants of resurvey, and the affidavits in support
thereof, together with the rulings of the court on such applica-
tions; all entries of motions or rulings of security for costs,
together with the proceedings and rulings thereon; all entries
of empanneling, swearing, and names of jurors, and all other
merely incidental motions and rules made in the progress of
the cause; all pleadings withdrawn, waived or superseded by
amendment; all commissions to take testimony and the formal
returns thereto, and all warrants of resurvey, the clerk stating
the time of issue and return of such warrants; all replevin,
retorno habendo, and appeal bonds and affidavits filed on taking
appeals; all formal entries of motions for new trials; and the
rulings thereon, together with the affidavits and other evidence
used on such motions, the clerk stating in lieu thereof, the fact
of such motion being made, and how disposed of by the court,
unless, where any of the foregoing matters or proceedings may-
be used as evidence in the cause, or where some question may
arise in regard thereto, reviewable by the court of appeals,
then, so much only of any such matter or proceedings as may
be used in evidence, or as appertain to the decision or deter-
mination desired to be reviewed, shall be incorporated in the
transcript, and no more; the intent being to avoid incorporat-
ing in the transcript any matter or thing not material to the
full and fair presentation of the questions to be reviewed by
the appellate court.
Weir v. State, 39 Md. 343. Fox v. State, 89 Md. 381.

1888, art. 5, sec. 13. 1860, art. 29, sec. 41. 1785, ch. 80, sec. 6. 1878, ch. 61.

14. Upon the reversal or affirmance of the judgment of a
court of law, the court of appeals shall award the costs which
may have accrued in the court below, and in the court of
appeals, in such manner as to the said court seems right and
proper, and shall give judgment for the same, and may enforce-
such judgment by execution.

Seller v. Zimmerman, 21 Md. 355. Price v. Nesbitt, 37 Md. 618. State
v. Mayor & C. C. of Balto., 52 Md. 398. State v. Malster, 57 Md. 314.
Attrill v. Patterson, 58 Md. 261.