536                               Laws of Maryland                       [Ch. 399

32.    Justice Must Enter Appeal And Transmit Papers.

Upon the party signifying his intention to appeal by application
to the justice, it shall be the duty of the justice of the peace to enter
the appeal, with the date thereof, upon his docket, and to transmit
the papers in the cause, together with a transcript of the docket
entries under his hand and seal, to the clerk of the circuit court or
the clerk of the Baltimore City Court, and said transcript of the
docket entries shall be prima facie proof of the proceedings had and
the judgment entered in said cause.

33.    Appeals To Be Docketed And Appellees Summoned.

An appeal shall be docketed and the summons for the appellee
shall be issued by the clerk of the circuit court or Baltimore City
Court immediately upon filing the papers in his office, and no peti-
tion shall be necessary in any case.

34. When Appeal Shall Stand For Trial.

If the summons shall be returned "summoned", the case shall stand
for trial de novo, without regard to terms of court, at such date as
the parties may agree upon. Where the parties cannot agree, the
court shall fix the date for trial thereof; provided always that the
court shall have full control over the assignment of such cases for
trial.

35.    Hearing And Decision Of Case.

If two summonses be returned non est, or one summons be re-
turned served, the court may hear and determine the case by affirm-
ing, dismissing or reversing the judgment.

36.    Execution Stayed By Appeal Bond.

An appeal from a judgment of a justice of the peace shall not stay
execution unless an appeal bond in double the sum recovered, with
approved and sufficient security, be filed with the justice, with con-
dition that if the party appealing shall not prosecute his appeal at
the next term of the circuit court for the county, or the next term of
the Baltimore City Court, with effect, and also pay and satisfy the
party in whose behalf the judgment of the justice shall be given, his
executors, administrators or assigns, in case the said judgment shall
be affirmed, as well the debt, damages and costs adjudged by the
justice from whose judgment such appeal shall be made, as also all
costs and damages that shall be awarded by the court before whom
such appeal shall be heard, tried and determined, then the said bond
to be and remain in full force and virtue, otherwise to be of no effect.

37.    Bond To Be Filed—When.

When an appeal bond is filed with sufficient securities, the appeal
shall operate as a supersedeas to any execution on said judgment,
notwithstanding a levy may have been made; provided the said ap-
peal shall be taken and the bond filed within thirty days after judg-
ment, and the party appellant first pays or tenders payment to the
officer making such levy, of all legal fees which shall have accrued
on said levy.