The Wyandot pioneer. (Upper Sandusky, Ohio) 1853-1868, 1853-07-21
WHOLE NO. IS [

no "PPte@f ~ VIVA, ai4 y i5iiol5 udhSeCo-
.sary delay:
s-That # jjulsneas be adja1sad a
gainst lin on tie appeal; lie viii satisfy
such judgment and costs.
Such undertaking need not be signel
by TIE appellant
SEC. 113. And the sail Justice sEall-
make out "a certified transcript Of lis pro
lceedings, include the undertaking taken
for such appeal and shall, on demanl,
deliver tic same to the appellant, or Els
agent, who shall deliver 5he same to tie
clerk OF tie court TO which such appeal
may be taken,. on or before TIE second
day Of term thereof, next following such
appeal: and such Justice shall also defy,~
or transmit the bill or bills Of par r.iculars
The depositions, and al othcr original n..-
pers, if any, used on The trial before l:la,
to such clerk, OF before tl;e said secan
dayof such term; and al further pto-
cecdings before tie Jiessicco The Peace,
i in tiiat case, shall Geese and be s.ayed,
from the time OF entering iato such IA
dertaAEng,
SEC. IL. The clerk, On reeeis iasg5ea4,
transcript, and other papers as aforeassil
shall file the same, AMI doeaes ghe ap-
peal.
eFc. Is. TIE plainsilf in tie e5a
below shall be plain.iG ia The Coals D;
Common Pleas; and TIE parties shall PRO
eeed, in al respects, in the same Ia&nl.sr
as though the action had bcea original,
Instituted in the said court.
SIC. 1i6. II the appellant al fs1 %
del;vertI4e transcript, and osher papers,
il any 10 the clerk, and L&ye his appeal
docket as aforesaid, on CT before The. .sec-
ond day. Of the te1m Of said court mex
after such appeal, thcappellee may a l''se
same term Of said court, iE:Ie a trauscr.Ps
Of the proceedings md ;;udsn.lnt. q
such Justice, and the said cause Shall; On
motion Of the appellee, be doeketed, anl
the court IS authorized and required, on
his applieat;on, either to enter upa juis-
rlcnt IN his favor, similar to shas. entesed
by hejustiee Of the peace, and fyr al
costs that@haye accrued in the coass, AL
award execution thereon, or suca ,cours
may, with the consent OF such sfpelIee,
dismiss tie appeal, at TIE costs Of the ap-
pellant, and remand the cause 10 tie
Justice Of the Peace, to be tEercafer
proceeded IN as if no appeaI l.,>I lsean ta
ken.
SEC. IL. Il the P3?..iat.ii=f, IN tie
lion before the Justice, slalI aPE5osl froz1
any Judgment rendered aga;nst sae:l
plaintiff, and after haxing fled lis srsz=s-
cript and caused such appeal to be dol
e:ed, according to the provisions Of
act, shall fail to file a petision o. o.lse.-
wise neglec5 to prosecute tie same o ttil...i
judgment, 50 that such plaintiff sl.s.llll be
cone-nonsuis i shall be the duty Of O.
cour: 10 render judgment agains. ssscls al
peIlant, for TIE amount OF the judgment
rendered against him BY the Justice Of the
Peace, together with interest. accrued
thereon, and for costs Of suit, and to =
ward execution thereof, as in osl.er
cases.
SEC. 118, II both parties fail 10 enses
such appeal within the time l.Inieed Is
aforesaid the Justice, on receiving a GER
6fcate from tie clerk Of the court. a....-
ing that the appeal was not entered, .or
beng entered was dismissed as afore5aia,
shah thereupon issue execution upon the
ud3a3ent, in tie same manner. IS il &ash
4 appeal had never been taken.
: sec. il9. Il any person aPFcalia5,
! frora a Judgment rendered ii his fato.,
shall no. recorera srea.or sum eelss.3i3 .15se
amount for which lsr.eer:5s9as rendered
besides costs and he Hl.aress seo-u.a.<
/ thereoslevery a,telt appellant Sal Iay t e
costs Of such apPeal.
I SIC. ,1e9. Wien any anleSl e
dismissed, or vixen j,ld5s.ELlentsl3an be eE-
Z tered ii TIE court Of common pleas a
.ySinst tie appellant, tie surety in tic IL
/. dersai.iing shall be liable 70 the sPptIes
I for tic wholaeT1oans Of tie dcbA cess
and t!araa .5ta, recovering a,.55@ins5 the p
pellant. a
szc@ 1a1. When an appeal taken e
the Court OF Conaoa Pleas shall tfefe
4 be qaashedb yreason ofirlegulsrity IN ak ak
ing CT consumnaa.ing the same tie eaas
for quashing shall be stated in the -orSitr
Fof the court, and a transcripso Of such o
der shall be lodged with sach justice. WI
shall thereupon proceed 70 Issue exees,-
lion, in the same manner as If no appeal
had been taken.
Sec. 1e@ 1nproceeal;hss on appeal wht 4
the surety III TIE undertaking silail be IL
sufficient, or such undertaking may be n
sufficient, il fern or amount, itsis&ll Be
law fful fer tlse court, On n1osion, to er.sltr
a change or renewal Of such undertaking, S,
: allsI direct that tie same be eertiiedto the
Justice from whose Judgment the appeal
! = I