158 APPEALS AND EEKOES. [ART. 5

Since the appellee has his remedy under this section, if he files a petition
in the court of appeals, it will be dismissed. Meloy v. Squires. 30 Md. 176.

The second appeal will not be allowed even though entered within the time
prescribed by section 32. This section applied. Meloy v. Squires. 42 Md. 378.

The remedy provided by this section is cumulative, and in no manner inter-
feres with the appellee's right to have the record sent up. Rau v. Bennis,
49 Md. 317.

An appeal stricken out under this section. Forest Lake Cemetery v. Baker,
113 Md. 533.

1904. art. 5. sec. 42. 1888, art. 5. sec. 40. Rule 17.
42. In all cases of cross-appeals, or of more than one appeal being

entered in the same case from any judgment, decree or order, there
shall be but one transcript of the record transmitted to the court of
appeals, and that shall be used upon the hearing of all such appeals; in

cases arising under this rule, the court of appeals shall have power to
award costs, including the cost of transmitting the record, to either of
the parties in its discretion, or the costs may be apportioned as the said

court may deem just.

Where several parties have conflicting or different interests affected by the
same decree, the proper practice is to agree upon the respective portions of the
costs they are to pay, or to have the clerks of the appellate and lower courts
ascertain what each is liable for. If one party fails to pay the other parties
should not be made to suffer. Appeal held not to be a cross-appeal (see section
49 and notes). Boyce r. McLeod. 107 Md. 7.

This section contemplates that there shall be but one transcript and
one hearing. Whitridge v. Pope. 110 Md. 488.

As to costs, see also sections 12. 14. 26, 67 and 98. As to the payment of
costs in cases before justices of the peace, see sec. 95.

Ibid. sec. 43. 1888, art. 5, sec. 41. Rule 18.

43. Whenever a case has before been in the court of appeals, there

shall be copied into the transcript, upon any subsequent appeal, only
the proceedings occurring in the court below subsequent to the former
appeal.

Ibid. sec. 44. 1888. art. 5. sec. 42. 1860, art. 5. sec. 10. 1865, ch.
141. 1S70, ch. 263.

44. All appeals in cases of mandamus or questions arising under
the insolvent laws, on exceptions taken on the trials of issues sent from
the orphans' courts or courts of equity, orders granting injunctions,
dissolving or refusing to dissolve the same, appointing a receiver, rati-
fying or refusing to ratify a trustee's sale, and all appeals from decisions
of the orphans' court, and from any judgment or motion to set aside
sales, or apply money in the hands of the sheriff, and all appeals from
decisions or matters of law, made by the courts of Baltimore city, in
relation to the streets in said' city, shall stand for special hearing at the
first term after the transmission of the record; and from every final judg-
ment or order granting or refusing a peremptory mandamus in any
case hereafter brought, involving the title or right to a public office,
either party shall have a right to appeal within twenty days; and on

such appeal, the clerk of the court shall forthwith transmit the original