The Portsmouth inquirer. [volume] (Portsmouth, O. [Ohio]) 1849-1855, 1852-04-09
DAVIS OF ONO.
pUsIrsHnD By AUTHORITY.
M. q. AN AoT

AtKuthtuk AYpoukb W buo OtdtIIcb OOurJ.
Sec. 1. Be u enacted 6y the General Asssg,bla
Z Of the State Of Ohio, That appeals may be Ia
4 ken from all final judgments in civil cases al
law, DEGREES in chancery, and iuterlocutory do
I crees dissolving inunctions rendered by tbs
Court Of Common Pleas, the Superior and Com
mercial courts Of Cincinnati, and the Superior
Court of Cleveland, in which said courts have
: original jurisdiction, BY any party against
whom such Judgment or decree shall be render
ed, or who may be affected thereby, to the dis
trict court: and the cause so appealed shall be
again tried. heard and decided, in the district
court. in the same manner as though the said
district court had original jurisdiction of the
cause.
Sec. Q. The party desirous of appealing his
cause TO the district court, shall, at the term Of
the court in which the Judgment or decree was
rendered, enter on the records Of the court, no.
lice Of such intention, and shall, within thirty
days after the rising Of such court, give bond
with one or more sufficient sureties, to be up.
proved by the clerk of the court, or any Judge
thereof, in the penalty, and with the condition
hereinafter provided.
Sec. 3. In all cases in which the judgment
or decree is personal against any party for the
payment Of money only, the penalty of the APP
peal bond shall be double the amount of such
luQpIDeUL OF utCTet, III Ill OtuCf CdSCby lHCiuu
lug cases 10 which the judgment or decree is a
gainst any party for nominal damages and costs
or for costs only, the court shall, at the time Of
the rendition Of the Judgment or decree, ascer-
tain and fix the penalty Of the appeal bond, to
be given in the event Of an appeal, at such rea
sonable amount as shall in the opinion of the
court, be sufficient to cover any probable loss,
damage Ut injury, which the other party or part
les may sustain by the delay, and the costs and
damages which may be awarded in the appel,
late court; each appeal boud shall be payable
to the adverse party, or otherwise, as may be
directed by the court, where the conflicting in
tereSts Of the parties require it; and shall be
subject to a condition to the effect that the par
tyappealing shall abide and perform the order
and Judgment Of the appellate court, and shall
pay all moneys, costs and damages which may
be required of, or awarded against said party,
by such court
Sec. 4. In all cases when the interest of any
party desiring an appeal, is separate and dis
tinct from that of the other party or parties,
and he shall be desrous to appeal the part Of
the case in which heis Interested, it shall be so
allowed by the court, and the penalty and con-
dition Of the bond shall be fixed accordingly;
and the court shall take such order as to the
papers and pleadings and supplying copies
thereof, and in all Other respects in view Of a
division Of the case for the purpose Of appeal,
as may be deemed right and proper.
Sec. 5. When the appellate court shall rend
er, substantially, the same judgment or decree
which was rendered in the court below, dana
ges, shall. or may be, awarded as follows: In
all cases where the Judgment or decree was, for
the payment of money, either personally or 9TH
erwise, the appellant shall be adjudged 10 pay to
the appellee or party delayed of payment by the
appeal, damages at the rate of five per cent. OH
the amou tot the payment adjudged or decreed
in the court below. unless the appellate court
shall be satisfied therewas reasonable and prop
er ground for the appeal; and in any such case,
where the court shall be satisfied that the ap-
peal was vexatious, and for the purpose of de-
lay merely, the damages adjudged shall be al
the rate Of ten per cent; in all other cases. in
GLIDING those where the judgment or, decree is
FOR nominal damages and costs, or costs only,
unless the appellate court shall be satisfied that
there was reasonable and probable ground for
the appeal, there shall be adjudged to the ap-
pellee, or party affected by the appeal
damages, in such specific sum as may be
deemed reasonable, not exceeding two hundred
dollars.
Sec. g. In case notice of appeal is entered
as aforesaid, the court may, on motion of the
party entering such notice. on laying him un-
der such reasonable restrictions and term as
they may Judge necessary for the security of
the adverse party, direct execution to be stayed
for thirty days; Provided, that in no case shall
administrators or executors and guardians, who
may have given bond in this State, with sure
ties, according to law ,becompellcd to give bond
and security, in order to perfect an appeal as
is above provided; and in such cases, the clerk,
ifnot otherwise directed, shall, at the expira-
ton Of thirty days from the rising of the court,
make out transcript, which, together with the
papers and pleadfngs filed in the cause, he
shall transmit to the clerk Of the district court,
according to the provisions of this act, in other
cases of appeal.
Sec. 7. That in all cases where the party a.
gainst whom q judgment is rendered, appeals
his cause to the district court, the lien Of the op-
posite party on the real estate Of said appellant,
created by said Judgment, shall not be by said
appeal removed or vacated; but the real estate
Of said appellant shall be bound in the same
manner as il said appeal had not been taken,
until the final determination of the cause in
the district court. n
Sec. 8. atifthe plaintiffappealing, shall
not recover a greater sum in the district court.
than in the court from which said appeal is ta-
ken, exclusive Of costs and interest which may
have accrued since the rendition of the judg.
ment in the said court, he shall pay all costs
that may have accrued in the district court in
suci case; and If the defendant.in any personal
action, shall remove the same by appeal TO the
district court, aud the plaintiff shall recover, in
such cause, Judgment for the same sum. or a
larger sum than was recoved in the court be
low, exclusive Of COSTS the district court shall
render Judgment for the sum so recovered, with
costs OF suit.
Sec. g. That when appeal shall begran-
ted and bond and security given thereon as a.
foresaid, the jud ment or decree rendered in
such case. in the court below, shall thereby be
suspended; and the clerk of such court shall
forthwith make out an authenticated transcript
ofthe docket or journal entries, and of the final
Judgment or decree made and rendered in the
case; which transcript, together with the origi
nal papers and pleadings filed in the cause, he
shall deliver into the office Of the clerk Of the
district court, on or before the first day Of the
term thereof, next after perfecting the appeal in
manner aforesaid; Provided, that either party
may require full record to be made Of such
cause, in the court below, and the same, when
SO required, shall be made at his own proper
costs and charges.
Sec, 10. That the clerk of the district court
shall, prior to the filing with him Of the tran.
scripts, as hereinbefore provided, on the appli-
cation Of either party to an appeal, issue sub
p@nas for witnesses, returnable TO the first day
ofthe next term Of said court, on satisfactory
proof being made before him that such appeal
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