Edwardsville spectator. [volume] (Edwardsville, Ill.) 1819-1826, 1819-06-12

fhe oHence for which such offender shall
be apprehended in any other county as
aforesaid, shall not be bailable in law by
Justice of the peace, or such offender
shall not give bail for his or her appear
ahce in the manner and according to the
mode herein prescribed, to the satisfac-
ton OF the Justice or justices ofthe peace
before whom such offender shall be
brought, in such other county, then the
constable or other person, SO apprehend-
ing such offender, shall carry and con-
vey such offender before one Of the JUS
tees Of the peace Of the proper county,
where such offence was committed, there
to be dealtwith according to law.
Sec. 10. BE it further enacted, That
no action of trespass or false imprison-
ment or Information or Indictment, shall
be brought, sued, commenced, exhibit
ed, or prosecuted, by any person or per-
sons whoever, against the justice or US
tees who shall endorse such warrant,
for, or by reason of his endorsing the
same, bur the person aggrieved shall
have all the redress he may be entitled
to against the justice or justices who
originally granted such warrant, In the
same manner as such person or persons
might have had in case this clause III this
act had not been made.
Sec 90. Be it further enacted, That
all judgments given by a justice OF the
peace when the amount shall exceed
four dollars, the party against whom
such judgment shall be given, shall have
right to appeal from the same to the
next circuit court to be held for the
county where the Judgment was render
cd, provided there be ten days between
the granting the judgment on which the
appeal is made and the sitting Of the
court. Whereupon the justice or justi-
ces who give such judgment shall sus-
pend all proceedings thereon and shall
return the papers and the judgment he
lad given to the clerk of said court and
The said court shall thcreupon at their
next session hear and determine the
same in summary way, without plead
ing, in writing, according to the justice
Of the case, unless the said court, for
good cause to them sheWn, shall CONT
nue. the same to the next court, beyond
which second court the said appeal shall
not be continued. Provided aizoayS,
that the said court shall at ailtimes adj
nit any amendment of the papers or
proceedings that may be necessary to
fair trial OF the cause upon its own in
trinsic merits.-And execution may be
taken out on judgement given by the
said court on such appeal in the same
manner as if the cause had been origi
nally instituted in said court. In all
cases where party may desire to appeal
from the Judgment Of a Justice of the
peace pursuant to this act, he shall re-
ceive from the justice copy of such
judgment, and produce the same to the
clerk of the circuit court, and shall enter
into bond in the Office of such clerk in a
penalty double the sum of such judg-
ment, with security who shall be approx
ed of by the justice from whose judg-
ment the appeal is made; such bond
shall be conditioned for the payment of
the debt and costs in case the Judgment
shall be affirmed On the trial of the APP
peal. Upon execution of such bond,
the clerk shall certify the same to the
magistrate and constable enloining fur
ther proceedings and issue summons
to the appellee to appear at the court
to which the appeal is returnable, noting
the day the same shall be set for trial by
the clerk, and the constable shall sum
mon the APPELLEE, his agent or attorney, if
within the county, which summons shall
be executed ten days before the court
where the same shall be tried.
Sec. 81. Be ii, further enacted, That
where the appellee shall reside in another
county, the clerk of the court, to which
the appeal is made, shall have power
and authority to issue a summons to
cause such appellee to appear before the
court, which summons shall be executed
by the appellant or some other person
for him on the APPELLEE, and satisfactory
proof of such service shall be made to
the court to which the summons shall be
returnable; and if the appellant shall ne
glect TO execute or cause to be executed
such summons upon the appellee before
the second court after praying an appeal,
the Judgment of the justice shall stand
confirmed
Sec. %. Be it further enacted, That
it shall be the duty of the justice who
gave the Judgment, to lodge with the
clerk, at or before the next court, any pa
pers produced and read on the trial be-
fore him, and if no papers, to certify the
same to the clerk, noting thereon all the