The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1870-08-23

Ju"BmCuo IOii, uuu DC QecmeQ part
thereof, for tho purposes Of q review in
the Supreme Court.
The provisions of this section shall ap-
ply to any judgment therein mentioned
that has been heretofore rendered, and
upon which IN appeal has been brought
and IS now pending, or upon which an
appeal shall hereafter be brought. When
the return has already been filed with
the clerk Of the Supreme Court such
statement shall be filed with him, and
be deemed part of such return.
SEC. 353. 10 render an appeal effect
ual for any purpose, written undertul1-
ing must be executed on tho part of the
appellant by at least two sureties, to the
effect that the appellant will pay all costs
and damages which may be awarded
against him on the appeal, not exceed
ing three hundred dollars, or that sum
must be deposited with the clerk with
whom the Judgment or order was enter
ed, TO abide the event of the appeal.
Such undertaking or deposit may be
waived by written consent on the part
of tue respondent.
Sec. 36O. If the appeal be from judg-
ment directing the payment OF money,
it shall not stay tho execution of the
Judgment, unless written undertaking
be executed on the part of the appellant,
by at least two sureties, to the effect that,
If the judgment appealed from, or any
part thereof, be affirmed. or the appeal
dismissed, the appellant will pay the
amount directed to be paid by the judg-
ment, or the part of such amount as to
which the judgment shall be affirmed,
if it be affirmed only in part, and ali
damages which shall be awarded against
the appellant upon the appeal When
ever it shall be made satisfactorily to np-
pear to the Court that since the cxccu-
tion OF the undertaking the sureties have
become insolvent, the Court may, by
rule or order, require the appellant to
execute. file and serve new undertak-
ing as above; and in case of neglect to
execute such undertaking within twenty
days after the service of q copy of the
rule or order requiring such new under
taking, the appeal may, on motion to
the Court, be dismissed with costs
Whenever it shall be necessary for
party to any action or proceeding to give
bond or IN undertaking with surety or
sureties, lie may, in lieu thereof, deposit
with the officer or into Court, as the case
may require, money to the amount for
which such bond or undertaking is to be
given. The Court in which such action
or proceeding is pending may direct
what disposition shall me made of such
money. pending the action or proceed
ing. In any case where, by this section,
the money is to be deposited with an Of
ticer, Judge of the Court, in term or
at chambers, upon the application of
either party, may, before such deposit
is made, order it to be deposited in
Court instead of with such officer; and
deposit made, pursuant to such order,
shall be of the same effect as if made
with such officer.
SEC 3Gl. If the judgment appealed
from direct the assignment or delivery of
documents of personal property, the exc
cution of the judgment shall not be
stayed by appeal. unless the things re-
quired to be assigned or delivered be
brought into Court. or placed in the Gus
tody OF such officer or receiver rs the
Court shall appoint, or unless an un-
dertaking be entered into on the part Of
the appellant, by ut least two surcties,
and in such amount as the Court, or u
Judge thereof, shall direct, to the effect
TINT the appellant will obey the order of
the Appellate Court upon the appeal.
SEC. 362 II the Judgment appealed
from direct the execution Of convey
uncc or OtlcE Instrument, the execution
of the judgment shall not be stayed by
the appeal until the instrument Shall
have been executed and deposited with
the clerk with whom the Judgment is en-
tered, to abide tho Judgment of the Ap-
pcllato Court
SEC. 3G3. Ii the Judgment appealed
| from direct the sale or delivery OF pos
session of real property, the execution Of
the same shall not be stayed, unless
written undertaking be executed on the
part OF the appellant. with two surctics,
to the effect that, during the possession
Of such property by the appellant. he will
not commit, or suffer to be committed,
any waste thereon, and thnt il the judg-
mont be affirmed, lie will pay the value
Of the use and occupation of the pro-
perty. from the time of tho appeal until
the delivery Of possession thereof, pur-
suant to the judgment, not exceeding a
sum to be fixed by Judge OF the Court
by which judgment was rendered, and
which shall be specified in the under
taking. When the judgment is for the
sale OF IN ortgaged premises, and the pay
ment Of n deficiency arising upon the