The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1870-08-24
CODE OF PROCEDURE Continued.
CHAPTER TIT

DEC. 81. Notice OF appeal to be served
on justice, and costs Of return to be
paid.
SEC. 372. Security to stay execution.
SEC. 373. Form OF undertaking.
SEC. 374. Execution, how stayed.
SEC 373. In case Of death Of Justice.
undertaking to be fled
SEC. 37G. Filing in lieu of service Of
notice of appeal.
SEC 377 Return, when and how made
and compelled.
Sec. 37S. How made if justice be out
of Office.
Sec. 379. Further return.
SEC. $50. Justice dead, insane or ab
sent.
Sec. 3S1. Hearing upon return.
SEC. 3S2. Appeal to be heard on the
original papers.
Sec. 1888. Judgment on appeal. New
trial.
SEC. 3S4. Judgment roll.
SEC. 1856. Costs. how awarded.
Sec. 1856. Restitution.
SEC. 367. Setting off costs and re-
coycry.
SEC. 309. The costs on appeal.
SEC. 369. When Judgment is render
ed by a Trial Justices Court, by the
County Commissioners, or any other in
ferlor Court or jurisdiction, save the Pro
bate Court heretofore provided for in this
Act, the appeal shall be to the Circuit
Court Of the County wherein the iudg-
ment was rendered. On such appeal.
when the amount Of the claim or claims
Tor which judgment was demanded by
either party In the pleadings in the Court
below shall exceed ten dollars, or when.
IN an action to recover the possession of
personal property, the value of tho pro-
perty as assessed and tho damages re-
covered shall exceed ten dollars, exclu
sive of costs, new trial shall bo had in
the Circuit Court in the following appel-
late cases:
l. When the Judgment was rendered
upon an issue of law Joined between the
parties.
2. When it was rendered upon all issue
of fact Joined between the parties, wheth
er the defendant was present ut the trial
or not: Provided, however, That the an
peliant may, in cases where the amount
for which Judgment is demanded by
either party in his pleadings exceeds ten
dollars, or where in M action TO recover
the possession of personal property, the
value OF the property ms assessed and the
damages recovered shall exceed ten dol.
lars, exclusive OF costs, state in the no.
tlce OF appeal that such appeal is taken
upon questions of law only, in which
case new trial shall not be had in the
Appellate Court. but the appeal shall be
heard and determined in the same man
ner as if such amount or said value and
damages were ten dollars or under.
SEC. $40. The appellant shall, within
five days after judgment, serve notice
OF appeal, stating the grounds upon
which the appeal is founded. If the
Judgment is rendered upon process not
personally served, and the defendant did
not appear, he shall have five days, after
personal notice of the judgment, to serve
the notice of appeal provided for in this
and the next section.
SEC. 37l. The notice of appeal must.
within the same time, be served on the
Trial Justice personally, if living and
within the County, or on his clerk, if there
be one. and on the respondent person.
ally, or by leaving it at his residence.
with some person of suitable age and
discretion; or, in case the respondent is
not resident Of such County. or can
not after due diligence, be found there
IN, in the same manner, on the attorney
or agent, If any, who is resident Of
such County, who appeared for the re-
spondent on the trial; and if neither the
respondent, nor such agent or attorney
can he found in the County, the notice
may be served on the respondent by
leaving it with the clerk of the Appellate
Court: and the appellant must, at the
time OF the service of the notice of appeal
on the Trial Justice or on his clerk. as
herein provided, pay to such Trial jus
tice or clerk the costs of tho action in
Guided in the judgment, together with
two dollars, costs Of the return. which
shall be included in the judgments for
costs on reversal. The appellant shall
also execute, on the appeal, written
undertaking on his part, with ono or
more sufficient surctics, to the effect
that the appellant will pay all costs, dis
bursements and extra costs, awarded
againt him III the Court below, if such
judgment shall be affirmed by the Ap.
pellnte Court, ON such appeal, together
with all costs and damages which may
be awarded against him thereon; such
sureties to justify in double the amount
specified in the undertaking; such under
taking and the sufficency of the sureties
to be approved by the Trial Justice of
the Court below, or the apDe)lant nav