The Democratic sentinel and Harrison County farmer. [volume] (Cadiz, Ohio) 1851-1852, 1852-04-14

party, QIeCI eAeCutOn 10 pe stdl Gu III
thirty days; Provided, that in no case
shall administrators or executors and !
and guardians, who may have given bond !
in this State, with sureties, according to /
law, be compelled TO give bond and secu-
rity, in order to perfect an appeal, as is a
boye provided; and in such cases, the
clerksif not otherwise directed, shall, at
the expiration of thirty days from the ri
sing Of the court, make out transcript,
which, together with the papers and plead
ings fled in the cause, he shall transmit
to the clerk of the district court, accord
ing to the provisions of this act, in other
cases of appeal.
SEC Z. That in all cases where the
party against whom judgment is render
ed; appeals his to the district court,
the lien of the opposite party on the real
estate Of said appellant, created by said
Judgment, shall not be by said appeal re-
moved or vacated; but the real estate OF
said appellant shall be bound in the same
manner as if said appeal had not been Ia
ken, until the final determination OF the
cause in the district court
Sec. 8. That if the plaintiff appealing,
shall notrecover a greater sum in the dis
trict court, than in the court from which
said appeal is taken, exclusive OF costs
and interest which may have accrued
since the rendition of the judgment in the
said court, he shall pay all costs that may
have accrued in the district court in such
case; and if the defendant, in any per-
sonaI action, shall remove the same by
appeal to the district court, and the plain
tiff shall recover, in such cause, Judg-
mentEfor the same sum, or larger sum
than was recovered in the court below,
exclusive Of costs, the district court shall
render Judgment for the sum SO recover
ed, with costs Of suit.
Sec. That when appeal shall be
granted, and bond and security given
thereon as aforesaid, the judgment or de-
cree rendered in such case, in the court
below, shall thereby be suspended; and
the clerk of such court shall forthwith
mske out an authenticated transcript of
Of the docket or Journal entries, and Of the
final iudg,aent Or decree made and rem
dered in the case; which transcript, to-
gether with the original papers and plead
inrs filed in the cause, he shall deliver IN
to The office of the clerk OF the district
court, on or before the first day of the
term thereof, next after perfecting the ap-
peal in manner aforesaid; Provided,' that
either party may require a full record to
! be made Of such cause, in the court, be-
| low and the same, when so required, shall
be made at his own proper costs and char
| ges.
SEC 10. That the clerk of the district
court shall, priofto the filing with him OF
the transcripts, us hercinbefore provided,
on the application of either party to an
appeal, issue subpenas for witnesses, re-
turnable to the first day of the next term
of said court, on satisfactory proof being
made before him that such appeal has
| been taken.
Sec. IL. That when any cause is re-
moved by appeal into the district court,
! the appeal shall be tried on the pleadings
made up in the court below, unless for
good cause shown, the said court should
permit either or both parties to alter their
pleadings; in which case, such court shall
lay the parties under such equitable rules
and restrictions as they may conceive ne
cessary, to prevent delay.
SEC. IL. That in all cases where non
suit may be directed by the court, by rea-
son of irrelevancy of testimony, or by
reason that the testimony adduced does
not support the case set forth in the decla-
ration; and, also, whenever the testimony
shall be arrested from the jury, by reason
Of which the plaintiff becomes nonsuit
the plaintiff shall have the same right tc
appeal as in other cases,
JAMES. G. JOHNSON,
Speaker of the House Of Representatives
w. MEDILL
| President of the Senate.
March 90, 1859.