The Belmont chronicle, and farmers, mechanics and manufacturers advocate. [volume] (St. Clairsville, Ohio) 1848-1855, 1853-07-01
ARTICLE TX.
Appeals.

Sec Ill. In all cases not otherwise specially pro-
yided for by law, either party may appeal from the
final Judgment OF any justice oil the peace TO The
court of common pleas of the county, where the
Judgment was rendered.
Sec II2 The party appealing shall, within ten
days from the rendition OF the Judgment, enter into
nm undertaking to the adverse party with at least one
good and sufficient surety to be approved OF by such
Justice in sum not less than fifty collars in my
case nor less than double the amount OF the judgment
and costs, conditioned:
/. That the appellant will prosecute his appeal to
effect and without unnecessary delay;
g. That il judgment be adudged ngninst him on
the appeal he viii satisfy such judgment and costs.
Such undertaking need not be signed by the ap-
pellant
certified transcript of his proceedings include the
undertaking taken for such appeal, and SHALL on de-
mand deliver the same TO the appel liant or his agent
who shall deliver the same to the clerk OF the court
10 which such appeal may be taken on or before the
second day of the term thereof next following such
appeal; and such justice shall also deliver transmit
the bill or bills of particulars, the dispositions, and
all other original papers, any, used on the rll be
fore him. such clerk, on or before the said second
day of such term; and all further proceedings before
the justice of the peace in that case, shall cease and
be stayed. from the time of entering into such un-
dertaking.
Sec ia. The clerk, on receiving such transcript,
and other papers aforesaid, shall file the same,
docket the appeal
parties shall proceed, in all respects, in :he same
manner as though the action had been originally in
stuted in the said court
Sec ll6. If the appellant shall tail TO deliver the
transcript and other papers, il any, to the clerk, and
have his appeal docketed as aforesaid, on or before
the second day of the term Of the said court next
after such appeal, the appellee may, at the same
term of said court, file transcript OF me proceedings
and Judgment OF such justice. and the said cause
shall, on motion Of the appellee, be dockeed; and
the court is authorized & required on his application,
either to enter up judgment in his favor, similar to
that entered by the justice OF the peace oi all the
costs thot have accrued in the court award execu.
tion thereon; or such court may, with the consent oi
such appellee dismiss the appeal the cost OF the ap'
pcant 81 remand the TO the justice OF the peaoe,
to be thereafter proceeded in as ii no appeal had been
taken.
Sec. III If the plaintiff in the action before the
justice, shall appeal from any judgment rendered n
gainst such plaintiff and after having led ms trans
crpt and caused such appeal to be docketed accord
ing to the provisions Of this act shall fail TO file
pettion or otherwise neglect to prosecute the same
to final Judgment, that such plaintiff shall become
nonsut, it shall be the duty OF the court to render
Judgment against such appellant, for the amount of
the Judgment rendered against him by the justice OF
the peace together withnerest accrued thereon u tor
costs of suit and to award execution therefor ns in
other cases.
Sec. lls If both parties fail to enter such appeal
within the time limited as aforesaid the justice, on
receiving certificate rom the clerk OF the court,
stating that the appeal was not entered or helng en-
issue execuon upon the Judgment, in the same man
ner as if such appeal had never. been taken.
Sec. ll9. II any person appealing from n ludg'
mont rendered in his favor, shall not great
or sum than the amount for which judgment was
rendered besides costs and the interest nccruing
thereon, every such appellant shall pay the costs OF
such appeal. ,..,
or when Judgment shall be entered in the court OF
common rleas against the appellant, the surety IN
the undertaking shall be liable to the appellee for the
whole amount of the debt, costs and damages re-
Sec l2I, When nm appeal taken to the court of
common pleas shall there be quashed, by reason OF
irregulnrity in taking concentrating the same the
cause for qunshng shall be stated in the order OF the
court and transcript OF such order shall be lodged
with such justice, Tho shall thereupon proceed TO
issue execution, in the same manner as 1t no appeal
had been taken.
surety in the undertaking shall be insufficient or
such undertaking may be insufficient, in form or a.
mount il shall be lawful for the court on motion, to
order a change or renewal of such undertaking and
direct that the same be certified to the justice from
whose Judgment the appeal was taken, or that it be
Sec. i23. Appeals in the following cases shall not
be allowed:
/. On judgments rendered on confessions:
2 In Jury trials where neither party claim in
their bill of particulars sum exceeding twenty dol
lars: ,.,,,.I,
,ion or forcihe detention OF real property.
4. In trials of the right of property, under the
statutes, either levied upon by execution or attach
cd
See. l2t. When the term Of Office OF justice
shall expire betw cen the date Of the Judgment and
the time limited TOR appeal, such justice may take
ahe undertaking for appeal, at any time before ne
has delivered his docket to his successor, and give
the appeuiing party transcript. After the delivery
OF the docket, the undertaking shall be given to hi
euccessor and il shalt be his duty to give the trans
eript and do and perform all things required of his
predecessor.
ARTICLE X.