238 APPEALS AND ERRORS. [ART. 5
1888, art. 5, sec. 53 1860, art. 5, sec. 33. 1840, ch. 232. 1861, ch. 17.
1862, ch.. 249. 1864, ch. 268.
55. The filing of an appeal bond approved as aforesaid and
of said affidavit shall stay any execution which has been issued
on any such judgment or decree, whether the same has been in
part executed or not; and the sheriff or other officer in whose
hands the execution may be, upon the exhibition to him of sat-
isfactory evidence that an appeal bond has been filed. and
approved, and that said affidavit has been filed, and upon the
receipt of the costs which have accrued on said execution, shall
stay all further proceedings, and deliver up the property; pro-
vided, that this section shall not extend to appeals from courts
of common law rendered by confession, or to any judgment ren-
dered on verdict, unless a bill of exceptions has been taken, or
a motion in arrest of judgment has been overruled.
Dyer's Exrs v Beatty, 3 H & McH. 219. Slusser v Chapline, 4 H. &
McH 222 Blacklock v. Maddox, 4 H. & McH., 222. State v Page, 1 H &
J. 475. Whetcroft's Admrs v. Dorsey's Exrs., 1 H. & J 482. Johnson v.
Goldsborough, 1 H. & J. 499 Beatty v. Chaplme, 2 H. & J. 7. Fullerton
v Miller, 22 Md. 1. Black v. Carroll, 24 Md. 251. Eakle v. Smith, 24 Md
339 Kirkland v Krebs, 34 Md 93.
Ibid, sec 54 1860, art 5, sec. 34. 1826, ch. 200, sec. 15.
56. The courts of law and equity and the judges thereof, in
vacation, shall have full power and authority to examine into
and determine on the sufficiency of the sureties to any bond
filed in the offices of the said courts, respectively, under this
article, and the said courts may from time to time make such
rules and orders for the justifying or proving the sufficiency of
such sureties, and for requiring additional security in any case,
as they may deem proper.
Barnum v. Raborg, 2 Md. Ch 516. Ringgold's Case, 1 Bl 5.
Ibid sec 55 1860, art 5, sec. 34 1826, ch 200, see 16
57. In case any such bond shall be rejected, the court or
judge rejecting the same shall have a discretionary power to
grant further time to the party to file another bond; and if upon
indulgence the party shall file a new bond which shall be
approved, the supersedeas thereupon granted shall have relation
back to the day 'of the filing of the first bond.
Ibid sec. 56 1860, art 5, sec. 36 1826, ch 200, sec 17.
58. No bond required by this article to be executed for the
purpose of staying or delaying execution upon any judgment
or decree which shall be approved shall be avoided for any
matter of form.
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