Spirit of the times. [volume] (Ironton, Ohio) 1853-1858, 1853-07-26
Sec.-tllo Where judgment is render
ed I'm a4cpsc Where tbc defendant is sub.
ject I'd arrest and imprisonment, ii
must be SO statel in the judgment, and
entered in his docket.
ARTICLE TX.


ARTICLE TX.
APPEALS.
Scc.-l1l lnall cases not otherwise cs.
pecially provided for by law, either par.
T. ma, appeal from the final judgment Of
any Justice ofatbe Peace TO The court of
common pleas Of The county, where ;hc
judgment IVES rendered. .
Sec. lla The .puay appealing shall,
within ten days from the rendition Of the
judgment enter into an undertaking 10
the adverse party with hi least one good
and sufficient surety to bo approved 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: -
THAT the appellant will prosecute
his appeal to eject, ana without unnec.
essary delay: -.
2-Thai If judgment be aijudgcd
against him on the appeal, he will salts
(y such judgment and costs. ~
Such undertaking need not be sisncI
by the appellant.
Sec. ll3 And tho said Justice shalt
make GU, u certified transcript OF his pro.
ceedings, include the Undertaking taken
for such appeal and shall, OH demand,
deliver the same to the appellant, or his
agent, who shall deliver The same 10 the
clerk OF the court 10 which such appeal
may be taken, on or before the Sc ;ond
day ofterm thereof, next following such
appeal; and such Justice shall also dcliv.
er OF transmit the bill or bills of par,icu.
lars, the dcpositons, and all other origi-
papers, if any, used on the trial before
him, 10 such clerk, or before the said second day
OF sucli term; and all lu.ther proceedings before
the Justice Of the Peace, in that case, /,
shall cease and be stayed, from the time
Of entering into such undertaking.
Sec. ia The clerk, onrccciving such
transcript, and other papers as aforesaid,
shall file the same and docket the ap.
peal. ....
Sec. lis The pl: inilf' in the court be.
low shall be plaintiff in the court oil
common pleas; and the parties shall pro.
cecd, in all respects, in the same man
ner as though the action had been oriSi.
naIly Instituted in the said court.
Sec. 1l6 If the appellant shall fa! to deliver
the transcript. and other papers, if any, u the
clerk, and have his appeal dockecd as aiOrc
said, on or before the second day of the term of
the said court next after such appeal, the appel
lee may at the same term Of said court, file
transcript Of the proceedings and Judgment OF
such Justice, and the said cause shall! on mo
| toa of the appellee, be dockcted. and the
court is authorized and required on his appiica-
ton either 10 enter up Judgment in his favor,
similar to that entered by the justice of the
peace, and for all the cost; that have accrued
| in the court and award execution thereon
or uch.co,lrt may, with the consent of such ap-
pellee, dismiss the appeal, at the costs Of the
appellant, and remand the cause to the Justice
OF the Peace, IN be thereafter proceeded i'll as Il
no appeal had been taken.
Sec. III If the plaintilfin the action bcfora
the Justice, shall appeal from any judgment
rendered againa such pl uintiif, and after having
filed his transcript and caused such appeal to be
docketed, according TO the provisions Of this act
shall fai! to flc a petition or otherwise neglect
| TO prosecute the same TO final judgment, 50 that
plant if shall become nonsuit il shall, be the
duty of the court to render judgment against
such appel ant, lOr the amount OF the judg-
ment rendered again st him by the justice OF
the Peace, together with interest, there IN. and
for costs of suit, an! to award execution there
| for. as in other cases.
Sec. l1s If both parties fail to enter sucl up-
peal within the time limited as aforesaid, the
Justice on receiving a certificate from the clerk
of the court, stating that the appeal was Eot en-
tered or bt:ny entered, was dismissed as afore-
said, shall thcrcupon issue execution upon the
judgment, in the same manner as if such appca!
had never been taken.
Sec. !19 If any person appealing from q
judgment leldcred in his favor, Shall not rec,y
cr a greater sum than the amount for which
judgmc cnt wa Z .ndcrei besides costs and the in
| terests accriiing thereon, every such appellan.
shall pay the costs ofsuch appeal.
Sec. 10 When any appeal shall be dismissed
or when Judgment shall be entered in the court
of cnnmon Pleas against the appellant, the
surety in the undertaking shall be liable to the
appellee for the whole amount of the d obt,
costs and damages, recovered against the appel
liant.
4 (',,fs Il