Portage sentinel. [volume] (Ravenna, Ohio) 1845-1854, 1853-07-06
ARTICLE TX.
ADnenlS.

Sec. Ill. Tn all cases not otherwise specially
provided for by law, either party may appeal from
the final Judgment of any Justice Of the Peace to
the court Of common pleas of the county, where
the Judgment was rendered.
Sec. 112. The party appealing shall, within
ten days from the rendition of the Judgment, enter
into an undertak akng to the adverse party with at
least good and sufficient surety to be approved
Of by such Justice, in a sum not less than fifty
dollars in any case, nor less than double the
amount of the Judgment and costs, conditioned:
f~~l-That the annellant will prosecute his appeal
to effect. and without unnecessary delay:
2-That If Judgment be adiudged against him
on the appeal, he will satisfy such Judgment and
costs. ~ W a--
Such undertaking need not be signed by the
appellant
Sec 49, And the said Justice shall make out
certified transcript of his proceedings, include
the undertaking taken for such appeal and shall,
on demand deliver the same to the appellant, or
his agent, who shall deliver the same to the clerk
of the court to which such appeal may be"taken,
on or before the second day of term thereof, next
following such appeal; and such Justice shall also
deliver or transmit the bill or bills Of particulars
the dispositions, and all other original papers, if
any, used on the trials before him, to such clerk.
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 undertaking.
script, and other papers aforesaid shall file the
same, and docket the appeal.
Sec. ll5. The plaintiff in the court below shall
be plaintiff in the Court of Common Pleas and
the parties shall proceed, in all respects, in the
same manner as though the action had been orig
inallv instituted in the said court
Sec. l16. IF the appellant shall fail to deliver
the transcript, and other papers, if any to the
clerk. and have his appeal docketed as aforesaid,
on or before the second day of the term the said
court next after such appeal, the appellee may at
the same term Of said court, file transcript of the
proceedings and Judgment of such Justice, and the
said cause SHALL on motion Of the appellee, be
docketed; and the court is authorized and required
on his application. either to enter up Judgment
in his favor similar to that entered by the Justice
of the Peace, and for the costs that have accrued
in the court. and award execution thereon or
such court may, with the consent Of such appellee,
dismiss the appeal, at the costs of the appellant,
and remand the cause to the Justice of the Peace,
to be thereafter proceeded in as if no appeal had
been taken.
Sec IT. If the plaintiff, in the action before
the Justice. shall appeal from any judgment rem
dered against such plaintiff, and after having filed
his transcript and caused such appeal to be dock
eted according to the provisions of this act shall
fail to file petition otherwise neglect to pros
ecute the same to final judgment, SO that such
plaintiff shall become nonsuit, it shall be the du
ty of the court to render Judgment against such
appellant, for the amount of the Judgment render
ed against him by the Justice of the Peace, togeth-
er with interest," accrued thereon. and for costs of
suit and to award execution thereof, as in other
cases. ---.E
Sec. l18. If both parties fail to enter such ap-
peal within the time limited aforesaid, the JUS
tice, on receiving certificate from the clerk of
the court stating that the appeal was not entered
or being entered, was dismissed as aforesaid, shall
thereupon issue execution upon the judgment, in
the same manner as if such appeal had never been
taken. 15s5 . ..
Sec. 119. IF any person appealing from al
Judgment rendered in his favor, shall not recover
greater sum than the amount for which judgment
was rendered, besides costs and the interest as
cruing thereon. every such appellant shall pay the
costs of such appeal. .ss-=- r-.ez sv.r 49,.
- Sec. 100. When any appeal shall be dismiss
ed or when Judgment shall be entered in the court
of common pleas against the appellant, the sure
ty in the undertaking shall be liable to the appel
lee for the whole amount of the debt; costs and
damages, recovered against the appellant.
Sec. 121. When an appeal taken to the Court
of Common Pleas shall there be quashed by rea-
son of irregularity irl takingor consummating the
same, the cause of duashng shall be stated in the
order of the court, and transcript of such order
shall be lodged with such justice, who shall there
upon proceed to issue execution, in the same man
ner as if no appeal had been taken. -ss. -~
Sec. 1872. In proceedings on appeal. when the
surety in the undertaking shall be insufficient, orr
such undertaking may be insufficient. in form or
amount, it shall be lawful for the court. on mo-
ton, to order change or renewal such under
taking, and direct that the same be certified to the
Justice from whose judgment the appeal was tax.
en-, or that it be recorded in said court g.