, 1854-05-27

tue JuStCt' WhlSn ulu Eot cnect the merits
and mny affirm or reverse the indrdment
in whole or in par' and iaSue execution a.
upon other judgments rendered before sajd
court.
Sec. l59. IF Judgment rendered hs.
fore justice he collected, and aftrrwords
he reversed ~ The ,ourt al owe, such court
shall awHrd restitution Of The emoupt 40
collected with interest from the time Of col.
lection, and execution mcy issue therefor
or APPEALS TO THE DISTRICT COURT.
Sec, 100. Any person considering him.
self aggrieved y any Judgment or decision
Of a justice Of the peace, may in person or
by his agent appeal therefrom to the diA-
tr!ct court of the same county where the
Judgment was rendered or the decision
mnde.
Sec l6l. Such appeal shall be taken
within twenty days after the Judgment is
rendered or the decision made and shall
he by filing a notice of appeal with the jus.
tice and serving n copy thereof on the ad.
verso parry or his attorney.
Sec. l62. No appeal shall he allowed
in any case, unless ! ond shall he execu'ed
on part Of the appellant by one or more
sureties in the sum Of one hundred dollars
to the effect that the appellant will pay oil
costs which may he awarded against bin
on the appeal, or If a say of proceeding
before the Justice he claimed, bond with :
two or more snrpties in a sum equal to
twice the amount Of the Judgment, to the
effect that the appellant will ray the costs
and Judgment, provided the snm appealed
from he affirmed, or if affirmed only in part,
then % the extent in which it may be az.
frmed rr5t
Sec. l63 If the Judgment appealed
from direct the delivery of the possession
of premises in on action Of forcihle entry
md drtainer, or if mining claim, a writ
Of restitution may he issned and executed
nnlesS q hond he entered into on the part Of
he Prnellant with two or more sureties to
the effect Tint drring the possession ofsuch
rr misses or mining claim hy the appellant
he will not commit nor suffer to he commit
ted any waste destruction or ininry there
on, and Il a. If the Judgment be sihrIned
he will pay the value Of the use and occu-
patton ofthe premises or mining claim, from
the time Of the appeal until the delivery Of
possession thereof. and all costs Of the ap.
repl The amount Of such bond shall be
fixed by the justice before whom the action
was tried. r-
Sec. l64. Uron appeal being made,
and n bond filed 10 stay all proceedings,
'he Justice shall allow the same. and make
an entry Of such allowance in his docket
and all further proceedings on the judg.
ment before the justice shall thereupOn be
suspended and il, in the meantime, exc
cution shall have Men issued, the justice
shall give the appellant a certificate that
such apro"l has hcen allowed
Sec. I65. On such certificate being
presented to the officer holding the execu-
ton. he shall forthwith release the property
Of the defendant that may have been taken
on execution and If the body Of the de-
fendnn' have been taken on execution, he
she'll he d'schnr9cd from imprisonment y
Sec. l66. On or before the first day Of
the term Of he distric' cour'. next afer
the rrpcnl hos been 'rken, tie oppe!hnt
shnl furnish the district court with trans
crit If all the entries made in The Justices
docket relating to the case, together with
all the process and other parers relating
to the action, and filed with the justice,
which shall he certified by such justice 70
he correct, md uron the fling OF such
transcript the district court shall become
possessed of the cause, and shall proceed
N the same urn"cr rs nePr as may be, IS
IN actions or,C ina'lv commenced in that
l., 60 v.rovidnd
Sec. l67. The issue before the Justice
shall I've tri,d in the district court without
other or new III, ,ad'nes, unless otherwise
directed Nv the court.
Sec. '6S T'pnn an appeal being made
and a'lnwSd. III di.tric' court may nv rule
aud at 'rhmeni compel The justice IN make
and liver I, IN arI+llan, c7riih ID trans
cri,a nr III, u oc,cdnps upon paving 10
>urh Justice TIE fp's allowed by law Tor
making snch trpnsrTIp', and Whenever the
cnu j. saii & 4 that thu Ieiu n ct The JUS
iic i suh.'anii1llv eIrnnpous or d i'elive,h
may h- rul aud arachm Mt coWprl him 10
amend The sIne
See. I61. No apnral allowed by JUS
tic, shall he dismissed IN account ol me
bond h irg drertiv", II m" appellant Will
h for, the n o'on is deter inrd ~ cue
and 81 in the district court snch bonf as
h. should have * cnird hy the allowance
o" the appeal, and piy all costs that shall
he incurred by rras,n nf such { Ct
So. 40. In al ca-cs NJ arp al 70 NE
district cou if on the ial ANEW in such
conr' tn III lpmsnt hr AGAINST the appel
la"t. in who'r or in part. such judgment
shall b.. rrndp I'd 'aint him and his sure
ties in h bond TO- Ihr appeal.
FORM IN CIVIL ACTIONS IN JUSTICES couRf.
The fnlnwin. ~ rqulval'nl l"im'' nay
h. us d h justices of III" p-ace in eir'l ae'
linns and procr ,diuts under this chapter 10
wit: