ART. 5] APPEALS FROM COURTS OF LAW. 223

amount laid in the declaration; but the plaintiff below, or his
legal representative, may amend the record by entering a
release of the excess above the sum laid in the declaration.

Harris v. Jain-ay, 3 H. & J. 543. Marburg v. Marburg, 26 Md. 8. Frank
v. Morrison, 55 Md. 399. Attrill v. Patterson, 58 Md. 260. Harvey v. B. &
O. R. R. Co., 70 Md. 318.

1888, art. 5, sec. 18. 1860, art. 29, sec. 4. 1811, ch. 161, sec. 4.

20. If any entry or amendments which the court of appeals
may permit would require an alteration of the judgment from
which the appeal is taken, the court may, on deciding the
appeal, give such judgment as the entry or amendment may
require.

Armstrong v. M. & C. C. of Hagerstown, 32 Md. 54 Frank v. Morrison,
65 Md. 399.

Ibid. sec. 19. 1860, art. 5, sec. 15. 1790, ch. 42, sec. 1.

21. If an appeal shall be taken, or writ of error sued out,
for several exceptions, the court of appeals shall give judgment
on every exception; if a new trial is to be awarded.

Winter v. Donovan, 8 Gill, 376. Owings v. Emery, 3 Md. 190. Boehme
v. Carr, 3 Md. 210 Harris v. Regester, 70 Md 122. Roberts v Roberts,
71, Md. 8.

Ibid. sec. 20. 1860, art. 5. sec. 16. 1790, ch. 42, sec. 1. 1826, ch. 200, sec. 10.
1830, ch. 186, sec 1. 1849, ch. 88, sec 1. Rule 8.

22. In all cases where judgments shall be reversed or
affirmed by the court of appeals, and it shall appear to the
court that a new trial ought to be had, such new trial shall be
awarded, and a certified copy of the opinion and judgment of
the court of appeals shall be transmitted forthwith to the court
from which the appeal was taken, to the end that said cause
may be again tried as if it had never been tried; and no writ
of procedendo, with transcript of record, shall be transmitted,
as heretofore practised.

Earnshaw v. Sun Mutual Aid Society, 68 Md. 477. Archer v. State, 74 Md.
410. Lucke v. Clothing Asso. 77 Md. 411. State v. Balto. & L. R. R., 77
Md. 493. Creager v. Hooper, 83 Md. 504. Wiley v. Heaps, 89 Md. 47.

Ibid. sec. 21. 1860, art 5, sec. 17. 1819, ch. 149

23. When, on the reversal of a judgment, a new trial shall
be awarded, the court of appeals, upon suggestion in writing by
either of the parties, supported by affidavits or other proper
evidence that a fair and impartial trial cannot be had in the