250 APPEALS AND ERRORS. [ART. 5

justices of the peace, they shall first be satisfied that all costs
incurred on the judgments and proceeding before the justice
aforesaid have been paid by the appellant, or that the appellant
has given bond, conditioned for the payment of the same, if he
does not prosecute his appeal successfully. This section is
not to apply to Allegany county, nor to Frederick county ;
provided, that in Frederick county the appellant shall have
given a sufficient bond as provided by section 92 of this article.
B. & O R R. Co. v. Waltemeyer, 47 Md 328. Knee v Pass. Ry. Co , 87
Md 630.

1888, art 5, sec. 93. 1870, ch. 56.

96. 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; provided, 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.

1888, art. 5, sec. 94. 1884, ch. 416.

97. 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 proceedings had originated therein.

Ibid. sec. 95. 1884, ch. 416.

98. In all cases of amendment of actions and proceedings at
law, under the preceding section, the allowance of continuances
and of costs shall be in the discretion of the court, as the case,
may be, so as to accomplish the ends of justice.