The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1870-08-25

any part thereof, be paid or collected,
and the Judgment be afterwards reversed,
the Appellate Court shall order the
amount paid or collected to be restored
with interest from the time of such pay
ment or collection. The order may be
obtained on proof of tho facts made ut
or after the hearing, upon previous
notice of six days; and if the order shall
be made before tho Judgment is entered
the amount may be included in the jndg-
ment.
SEC. 3S7. If, upon an appeal, n reco-
very be had by one party, and costs be
awarded to the other, the appellate court
shall set off the one against tho other,
and render Judgment for the balance.
SEC. 3SS. Costs shall be allowed to the
prevailing party, in judgments rendered
on appeal, in all cases, with the follow
ing exceptions and limitations: In the
notice OF appeal, the appellant shall state
IN what particular or particulars he
claims the judgment should have been
moro favorable to him. IF he claims
that the amount of Judgment is less
favorable to him than it should have
been, he shall state what should have
been its amount. Within fifteen days
after tho service Of the notice Of appeal,
the respondent may serve upon the
appellant and Trial Justice an offer, in
writing, to allow the Judgment to be
corrected In any of tho particulars men
toned in the notice of appeal. The
appellant may, thcrenpon, aud within
five days thereafter, file with tho Trial
Justice written acceptance of such
offer, who shall thercnpon make II mi
mute thereof i'll his docket, and correct
such Judgment accordingly, and the
same, SO corrected, shall stand as his
Judgment and be enforced nccorlingly;
and any execution which has been issued
upon the Judgment appealed from shall
be amended by the Trial Justice to cor
respond with the amended Judgment;
and no undertaking given to stay exc
cutlon shall be enforced for more than
the amount Of the corrected Judgment.
Ii such offer be not made, and the judg-
ment in the Appellate Court be more
favorable to the appellant than the judg-
ment in tho Court below, or if such
offer be made and not accepted, and the
Judgment in the Appellate Court be
more favorable to the appellant than the
offer of the respondent, the appellant
shal! recover costs: Proulled, ho,cecer,
That the appellant shall not recover
costs unless the judgment appealed
made more favorable TO him, to the
amount of at least ten dollars. If the
offer be made, and accepted by the
appellant, the appellant shall recover all
his disbursements ON appeal, and all his
costs in the Court below. But the
appellant shall not recover costs, except
as provided in this chapter. The re-
spondent shall be entitled to recover
costs where the appellant is not. When
ever costs are awarded to the appellant,
he shall be allowed to tax as part thereof
the costs and fees paid to the Trial JUS
tice, on making the appeal, as disburse-
ments, IN addition to the costs in the
Appellate Court; and when the Judgment
in the suit before the Court below was
against such appellant, lie shall further
be allowed to tax the costs incurred by
him which he would have been entitled
to recover in case the Judgment below
has been rendered in his fnvor. If,
upon an appeal, a recovery for any debt
or damages be had by one party, and
costs be awarded to the other party, tho
Court shall set off such costs against
such debt or damages, and render iudg-
ment for the balance. The following
fees and costs, and no other, except fees
OF Offices, disbursements aud witnesses
fees, shall be allowed, on appeal, to the
party entitled to costs, rs herein
provided, when the new trial is
in the Circurt Court: For proceed
ings before notice of trial, five
dollars; for all subsequent proceedings
before trial, three dollars; for trial OF an
issue of law, five dollars; for every trial
OF an issue Of fact, seven dollars; for ar
gument Of II motion for new trial on
case or bill Of exceptions, i've dollars;
in all cases to either party for every term
not exceeding five, at which the appeal
is necessarily on the calendar, and is not
tried or is not postponed by the Court,
five dollars. In other appeals the costs
shall be as follows: TO the appellant on
reversal, seven dollars; to the respond.
cnt on tho afiirmance, seven dollars. If
the Judgment appealed from be reversed
in part and affirmed as to the residue,
the amount of costs allowed to either
party shall be such sum as the appellate
Court may award, not exceeding five
dollars. If tho appeal be dismissed for
want of prosecution, as provided by Sec
ton three hundred and eighty-one, no
costs shall be allowed to either party. In