Art. 5, s. 37. Art. 18, s. 25. 1860, 132, S. 3. Appeal from or writ of error on judgment confessed before APPEAL FROM JUDGMENT ON SUPERSEDEAS. 68. Any judgment, confessed before a justice of the peace for 1826, c. 200, s. 11. staying execution on any judgment or decree in any Circuit Court for the counties may be appealed from, or a writ of error thereon may be allowed in like manner, and there shall be the same projustice for stay- ceedings to stay execution thereon as herein prescribed in relation to judgments rendered in courts of law; and the bond entered into on making the appeal or applying for the writ of error, and the sureties therein, shall be approved by the clerk of the court in which the original judgment or decree was rendered. ing execution. Proceedings. Bond. Art. 29, s. 42. Costs in court's discretion. 5 Md. 612; 21 Md. 355. Art. 5, s. 39. 1818, c. 204, s. 1. Appeals from decrees, etc., of Orphans' Court. 20 Md. 285, 522; 23 Md. 327; 28 Md. 12:31 Md. 21:32 Md. 42; 35 Md. 291, 361; 39 Md. 145,554; 41 Md. 359. Rules of Court time appeal to Art. 5, s. 40. 18 Md. 510; 19 Md. 73; 20 Md. 32 Md. 482. Testimony to be reduced to writing. Cost. Art. 5, s. 42. 1798, c. 101, sub 15, s. 18. Decision on ap COSTS ON APPEALS FROM EQUITY OR ORPHANS' COURTS. 69. In appeals from equity and the Orphans' Court, the awarding of costs shall be in the discretion of the Court of Appeals. APPEALS FROM ORPHANS' COURTS. 70. In all decrees, orders, decisions, and judgments made by the Orphans' Court, the party who may deem himself aggrieved by such decree, order, decision, or judgment, may appeal to the Court of Appeals. 71. All appeals allowed from orders or decrees of the Orphans' Courts to the Court of Appeals, shall be taken and entered within thirty days after such order or decree appealed from; and the reg ister of wills shall make out and transmit to the Court of Appeals, under his hand and the seal of his office, a transcript of the record of proceedings in such case within thirty days after the appeal prayed; but in such transcript no paper or proceeding, not necessary to the determination of the appeal, shall be incorporated. 72. If the decree, order, decision, or judgment, shall have been given or made on a summary proceeding, and on the testimony of witnesses, the party shall not be allowed to appeal, unless he shall immediately notify his intention, and request that the testimony be reduced to writing, and in such case the depositions shall be at the cost of the party in the first instance reduced to writing. 73. The Court of Appeals shall either affirm the decree, judg c. 2, s. 11; sub-c. ment, decision, or order of the court below, or direct in what manner it shall be changed or amended, and the decision of the Court of Appeals shall be final and conclusive, and when certified under the seal of the court, and transmitted to the Orphans' Court, the Orphans' Court shall proceed according to the tenor and directions peal from Orphans' Court final. 1 Gill, 358. Art. 5, s. 43. thereof. 74. An appeal from the Orphans' Court shall not stay any proceedings therein which may, with propriety, be carried on before the appeal is decided; provided, the said Orphans' Court can provide for conforming to the decision of the Court of Appeals, whether the Md. 410; 41 Md. said decision may eventually be for or against the appellant. 23 Md. 319; 26 354. Proviso. Art. 5, s. 44. 1818, c. 204, s. 2. sent to Circuit or Superior 75. If, upon an appeal being entered in the Orphans' Court, the parties shall mutually agree, and enter their assent in writing, to be filed by the register of wills, that the appeal shall be made to the Court of county Circuit Court for the county, or Superior Court of Baltimore City, Court of Baltithe Orphans' Court shall direct the transcript of the proceedings to be transmitted to the Circuit Court, or Superior Court of Baltimore City, whose decision shall be final. 76. It shall be the duty of the clerk or register transmitting a record to the Court of Appeals to mark upon the record the amount of the costs taxed against the plaintiff and defendant respectively, to the time of the appeal. APPEALS FROM JUSTICES OF THE PEACE. more City. Art. 5, s. 45. 1836, c. 289, s. 1. Costs on all appeals to be indorsed on record. 1872, c. 182. Within what judgment.of peace to Circuit Court of county, or Baltimore Case to be heard Action for col 77. Any party aggrieved thereby may appeal from any judgment time appeal of a justice of the peace to the Circuit Court of the county, or Balti- allowed from more City Court, at any time within sixty days from the rendition Justice of the of such judgment; and the court to which such appeal is taken shall hear the case de novo, and determine the same, according to law and the equity and right of the matter, and this section shall be construed to include all actions of debt for the collection of fines, penalties, and forfeitures, imposed by any law of the State, and which are made recoverable before a justice of the peace, in which a right of appeal may not be given by the law imposing the same. 78. If either party die after the rendition of a judgment by justice of the peace, his executor or administrator may appeal within sixty days after the rendition of the judgment. a 79. On the party signifying his intention to appeal, 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 to the clerk of the Circuit Court, or the clerk of the Baltimore City Court. lection of fines, etc. 28 Md. 488; 33 309; 43 Md. 67; Md. 250; 39 Md. 46 Md. 181. Art. 5, s. 53. 1852, c. 239, s. 3. 80. All appeals shall be docketed, and summons for the appellee issued by the clerk of the Circuit Court, or Baltimore City Court, immediately upon the filing the papers in his office, and no petition clerk of court shall be necessary in any case. 81. If the summons shall be returned summoned, and the papers shall have been filed ten days previous to the commencement of the then next term of the court, the case shall stand for trial at the first term; but, if the papers are not filed within that time, the case shall not stand for trial until the second term. docketed by and summons Art. 5, s. 54. Cases when to Art. 5, s. 55. 1852, c. 76, s. 3; When court 82. If two summonses be returned non est, or one summons be 1852, c. 336. returned "served," the court may hear and determine the case ex parte. 83. Before any of the Circuit Courts of this State, or the Baltimore City Court, shall proceed to hear or try cases brought to their respective courts, by appeal from the judgments of justices of the peace, they shall first be satisfied that all costs incurred on the judg may determine case ex parte. 34 Md. 333. 1867, c. 164. Costs below to plant before be paid by ap hearing above. 47 Md. 328. Art. 5, s. 56. 1791, c. 68, s. 4; 1829, c. 236; 1852, c. 239, s. 3. cution without bond. 11 Md. 322. 3 Gill. 299; 4 Cranch, 60. Condition of bond. ment and proceedings before the justice aforesaid, shall have been paid by the appellant. 84. No appeal from a judgment of a justice of the peace shall stay execution, unless an appeal bond, in double the sum recovered, No stay of exe- with approved and sufficient security, be filed with the justice, with condition that if the party appealing shall not prosecute his appeal at the next 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, damage, and cost, 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 none effect. Art. 5, s. 57. 1825, c. 68, s. 1. Execution 85. When an appeal bond shall be filed with sufficient security, the said appeal shall operate as a supersedeas to any execution on stayed by hand, said judgment, notwithstanding a levy may have been made; pro notwithstand ing levy. Proviso. Art. 5, s. 58. 1849, c. 78, s. 1. How bond approved if justice dies. vided, the said appeal shall be taken and the bond filed within sixty days after judgment, and the party appellant first pays or tenders payment to the officer making such levy all legal fees which shall have accrued on said levy. 86. If the justice of the peace rendering any judgment appealed from goes out of office, by death or otherwise, before an appeal bond has been executed by the party appealing, such appeal bond may be executed before any other justice in the same county or city, and such bond shall have the same effect as if executed before the justice rendering the judgment appealed from. Art. 5, s. 46. 1852, c. 361, s. 2; Appeals from APPEALS FROM THE COMMISSIONER OF THE LAND OFFICE. 87. All parties aggrieved by any judgment, final order, or deter1853, c. 415, s. 4. mination, in any case affecting the title to lands made by the comCommissioner of missioner of the Land Office, shall have full power and right to Land Office. appeal from such judgment, order, or determination to the Court of Md. 432; 30 Md. Appeals; provided, that no such appeal shall stay proceedings, unless bond and security be given in the manner herein required in appeals from courts of equity. 21 Md. 135; 23 473. Proviso. 88. All appeals allowed from the judgments or orders of the commissioner of the Land Office shall be taken within nine months from the date of the judgment or order appealed from, the party appealing filing at the time of such appeal the ground or reasons therefor; and thereupon it shall be the duty of the said commissioner to make out, under his hand and the seal of his office, and transmit to the Court of Appeals a transcript of the record of proceedings in such case, within sixty days from the time of the appeal taken; but in such transcript no paper or proceedings, not necessary to the determination of the appeal, shall be incorporated. APPEALS FROM COUNTY COMMISSIONERS. Appeals from sioners to Cir 89. Any person feeling himself aggrieved by any decision or 1876, c. 193. order of the county commissioners, may appeal to the Circuit Court county commisfor the county, at any time within sixty days after the time of mak- cuit Court. ing such decision or order, and, upon such appeal being taken, the 11 Md. 362; clerk of the county commissioners shall immediately transmit a copy Clerk to transof the proceeding to said Circuit Court. 47 Md. 167. mit copy of proceedings. Trial by jury. 90. Upon such appeal either party shall have a right to a trial 1876, c. 193. by jury, and the said Circuit Court shall be authorized to ratify, reject, alter, or amend the proceedings before the county commissioners and in said court, so as to bring the merits of the case fairly to trial; and the said court is further authorized to pass such judg- Judgment and ment in the case as the county commissioners ought to have passed, including costs; and such judgment shall be final, and may be enforced by due process of law. costs. TITLE XXVII. Crimes and Punishments. ARTICLE 72. CRIMES AND MISDEMEANORS, AND THE PUNISHMENT ARTICLE 73. THEREOF. PROCEEDINGS IN CRIMINAL CASES. ARTICLE 74. PLACES OF IMPRISONMENT AND REFORMATION. 19. 18. Penalty for abduction of females under 19. Penalty for abduction of child under twelve eighteen years of age. years of age. |