The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1870-08-24
.bf COLUMBIA s. c. WEDNESDAY MORNING. AUGUST a. 1870

| ceed on the appeal; and in case tho
Judgment be affirmed, the said clerk
snail, after execution is issued, pay over
the amount, SO deposited, to the re-
spondent, which shall bo credited on
tho execution issued on tho Judgment of
alhrmancc, to the extent thereof, and
the balance, If any, on the execution
issued on the Judgment appealed from.
oEc; 3'2. When, by the terms of Sec
ton three hundred and sixty-nine, the
appellant is entitled to new trial in tho
Appellate Court, he shall. at tho timo of
making the appeal, and in all other
cases, II he desires stay of execution of
the judgment, give security us provided
in the next Section.
OEc. 313. The security shall be n
written undertaking, executed by one or
moro sufficient snreties, approved by the
court below, to the effect that if iudp-
mont be rendered against the appellant,
and execution thereon be returned uu-
satisfied, in whole or in part, the sure
ties will pay the amount unsatis6ed.
SEC. 374. Tho delivery of the under
taking to the court below shall stay the
issuing of execution; or, if it have been
issued, the service of COPY of the
undertaking, certified by the court be-
low, upon the officer holding the exc
cutlon, shall stay further proceeding
thereon.
SEC. 375. Where, by reason of the
death of Trial Justice, or his removal
from the County, or any other cause, the
undertaking on the appeal cannot be de-
livered to him, it shall be fled with the
clerk OF Tho appellate court and notice
thereof given to the respondent, or his
attorney or agent, rs provided in section
three hundred and fifty-four, it shall
thereupon have the same effect as if de-
livercd to the Trial Justice.
SEC. 37G. When, by reason of tho
death OF Trial Justice, or his absence
from the County, or any other cause, the
notice of appeal cannot be served as pro.
vided by section three hundred and
seventy, it may be served by leaving the
same with the clerk of the County.
SEC 377. The court below shall there
upon, alter ten dsys. and within thirty
days after service of tho notice of ap-
peal, make return to the Appellate
Court OF the testimony, proceedings and
judgment, and file the same in the Ap-
pellatc Court. Tho return may be COM
PEELED by attachment. But no Justice
OF the Pence shall be bound to make
return unless the fees prescribed by the
last Section of this chapter be paid on
the service OF the notice of appeal: Pro-
rilell, howercy, That in cases where the
amount for which Judgments is demanded
Dy either party i'll his plendings in the
court below exceeds ten dollars, or whero
the value of the property recovered, MS
appears from the verdict or Judgment,
shall exceed ten dollars, the Testimony
need not be returned; but in such case.
the court below shall return the process
ny which the action was commenced.
with the proof OF service thereof, and
the pleadings or copies thereof, tho pro-
ceedlngs and Judgment, together with n
Drlef statement of the amount and
nature OF tho claim or claims litigated
Dy the respective parties, and in all cases
the notice OF appeal shall be annexed to
the return; butln cases where the appel
liant shall, in accordance with the pro.
VISIONS OF Section three hundred and
sixty-ninc of this Act, state in tho notice
of appeal TINT such appeal is taken upon
questions of law ONLY, the conrt below
shall return to the Appellate Court the
testimony proceedings, and Judgment.
SEC. 37S. When a Trial Justice. bv
whom Judgment appealed from was
rendered, shall have gone out of office
before return is ordered, he shall,
nevertheless, make n return in the same
manner, aud with the like effect, as if he
were still in office.
SEC. 379. If the return be defectiyc
the appellate court may direct further
or amended return as often as may be
necessary, and may compel compliance
with its order by attachment And the
court shall always be deemed open for
these purposes.
SEC. $50. If Trial Justice. whose
Judgment is appealed from, shall die, be-
come insane, or remove from the State.
the appellate court may examine wit
nesses on oath, to the facts and circum
stances OF the trinl or Judgment, and de-
termine the appeal, rs if the facts had
been returned by tho Trial Justice. If
he shall have removed to another County
within the State, the appellate court
may compel him to make the return, MS
II he were still within tho County where
the judgment was rendered.
SEC. 3S1. If return be made, and
the appeal is from n judgment where n
new trial may not be had, as provided
by this chapter, it may be brought to
IL