Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1874-05-21

son of such sale in case the judgment is re-
versed. Nor shall the plaintiff in such case
be allowed to proceed with sale of deien'
dant's property, if the defendant do enter
into an undertaking, with good suretIes' IN
double the appraised value of the SAID prop
erty, or the amount of the judgment. to pay,
the judgment, with legal interest and all OF OF,
the costs, and damages which the plaintiff
may sustain by reason of the appeal, or pro-
duce the property levied on and submit to the
sale, in case the judgment be confirmed" In
section three hundred and sixty-four, strike
out the following words: "Whenever an ap'
peal is perfected. az provided bv,'' and insert
in place thereof: "Whenever the defendant
executes the bond herenbefore prescribed, or
the appeal is perfected, as provided BY" In
section three hundred and sixty.6ve, strike
out the words "three hundred and fitty.nine,"
in the first and second lines. In section three
hundred and sixty.six, after the word "judge,..
in the fifth line, insert the words "or clerk
In section three hundred and sixty.seven,
strike out the words "the perfecting OF an ap'
peal by giving the undertaking mentioned in
section three hundred aud fiftynine," and i'll.
sert, in place thereof, the words "the notice of
appeal" :,
Sec TO- That section three hundred and
seventy-one (971) be amended by striking out
all of said section, after the words "clerk of
the Appellate Court" in the tenth 10 line
thereof and substituting period for the semi.
colon, and that sections three hundred and
seventy-two, (372), three hundred and seven
ty-three. (373,) three hundred and seventy.
four, (374,) and three, hundred and seventy
FIVE, (375,) be stricken out that section three
hundred and seventy.seven be amended by
striking out the words 'but no justice OF tie
peace 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" on the fifth, sixth and seventh
lines. That section three hundred and eighty
three be amended by striking out the words,
"And if the party making such offer shall
have given an undertaking upon the appeal,
the parties executing such undertaking shall
be liable thereon for the payment of the judg-
ment entered by virtue of said offer, "begin.
ming on line thirteen and ending on line six
teen Of subdivision five 90 Of said section.
That section three hundred and eighty-eight
(38S) be amended by striking out the words
"And no undertaking given to stay execution
shall be enforced for more than the amounts
of the corrected judgment" on lines, sixteen,
seventeen and eighteen; also, by striking out
the words "He shall be allowed to take, as a
part thereof, the costs and fees paid to the
trial justice on making the appe~,,, as disburse-
ments, in addition to the costs in the Appel
late Court" in the thirtieth, thirty.6rst and
thirty.second lines. Strike out the words
"court below" in 6fty.sixth line, and insert
the words trial justice"
Sec. 81. That after the passage Of this act,
no judgment shall be obtained in the Court
of Common Pleas except during the term
time and in open court; and it shall be the
duty of the clerk to place all cases filed in
his office, in which there is no defence, upon
docket to be prepared by him for the pur-
pose, to be known as docket No. (6) six and
they shall be called on the first day of the
term, and the order for judgment shall be
endorsed on the complaint, and signed by the
presiding judge, and no execution shall be
signed on judgment obtained by default in
any other manner than is herein provided.
Approved November 25, A. D. 1873.