244 APPEALS AND ERRORS. [ART. 5

court of appeals shall give judgment to have the same effect as
if the party were alive; provided, the heir, executor or other
proper person may, if he thinks proper, suggest the death and
become a party in the place of the person dying.
Thomas v. Thomas, 57 Md. 504. Moore v. Taylor, 81 Md. 649.

1888, art. 5, see. 76. 1862, ch. 167

78. In any cause in which one or more appellants or appel-
lees, plaintiffs or defendants in error shall have died, or shall
die after appeal taken, or writ of error sued out, and before
final judgment upon such appeal or writ of error in the court
of appeals, and the executor of such party, or his administrator,
shall have failed or shall fail to appear in the court of appeals,
and to suggest such death, and judgment has been or shall be
given, as if the said party so deceased was alive, then and in
such event it shall and may be lawful for any surviving party
to such appeal or writ of error so adjudged as aforesaid, to
suggest in the court of appeals the death of the said party to
the said appeal or writ of error, prior to the entering up of the
judgment in the said court, and to show to the court of appeals
who is the executor or administrator of the deceased party; and
in that event it shall be competent for the said court of appeals
to order execution to issue in the said cause to the same extent
and in the same manner as if the said executor or administrator
had suggested the death of the person so dying as aforesaid, and
had appeared to prosecute or defend said writ of error or appeal.
Harryman v. Harryman, 49 Md 67. Goldschmid v. Meline, 86 Md. 372

1898, ch. 29, sec 76 A.

79. In any case in which the party plaintiff or party defend-
ant shall have died, either before or after judgment or decree,
the heir, executor, administrator or other proper person may, if
he thinks proper, suggest the death and become a party in the
place of such deceased party, and pray an appeal or writ of
error, and appear to such appeal or writ of error for the pur-
pose of prosecuting the same; provided such appeal or writ of
error be prayed within the time prescribed in this article.
Goldschmid v. Meline, 86 Md. 370.

Appeals in Criminal Cases.

1888, art. 5, sec. 77. 1872, ch 316. 1884, ch 132 1886, ch. 169.

1892, ch. 506

80. The parties to criminal proceedings shall be entitled to
bills of exceptions in the same manner as in civil proceedings,