The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-09-08

as judges, and this shall apply to criminal
cases. 227l.
IN VACATION,
If the judge or chancellor is disqualified or
absent, any act necessary may be done by the
judge chancellor of another district.
2272.
SERVICE OF ALL NOTICES
Provided for by law in any court, shall be by
the sheriff any constable of the county to
whom any such notice may be delivered for
service. 3 22c9.
TERN OF COURT EXTENDED.
Wheu the trial or hearing of any case,
civil or criminal, has been commenced and is
in progress. in any court, and the time for the
expiration OF the term as prescribed by law
shall arrive, the court may proceed with such
trial or hearing, and bring lt TO IL conclusion,
IN the same manner and with the same effect
if the stated term had not expired
22y2
The practical Importance of this section can
not be over estimated.
THE RECORD
OF any judgment or decree which has been
lost OF destroyed, may be substituted, upon
motion and notice to the defendant. 2293
IF ANY SURETY
On bond or other undertaking in a legal
proceeding shall be dead, judgment final may
be rendered against the living parties, and
judgment nist against the personal represen-
tatiye of the deceased. 230l.
EXECUTION,
In case of the death of some of the parties
a bond or undertaking, may be issued against
the living parties, and citation may be issued
to the representatives, of the deceased parties,
to show cause against the issuance of execu-
ton as to them. 1902.
IRREGULARITIES IN BONDS.
when any bond, rec6gniYance, obligation,
or undertaking of any kind shall be executed
in any LEGAL proceeding, it shall enure to the
nerson to whom it is designed by law as
curty, and be subject to judgment IN his Ia
yor, ne matter TO whom it IL made payable,
nor What is its amount, NOR how 1t ls condl-
toned aud the FersQne executing such bond
or other undert king shall tie bound thereon
ami thereby, aud shall be Liable to Judgment
or decree on such bond or undertaking as At
it was payable and conditioned In all respects
az pr escribcd by law, pr0Clded such bond or
other Obligation or undertaking had the effect
in such proceeding which bond or other I'M
dertaking payable end conditioned as pre-
scribed by law would haze had; and where
any such boud or undertaking is rot tor any
specified sum it shall bind the parties eAeeu
ting il for the full amount for which any bond
o. undertaking might have been required IN
the stats Of case in which ii is given" 300.
BOND, nov PAYABLE.
"Any bond required to be given in any mat.
ter, where it is not prescribed to whom 1t shall
be made payable; may be made payable TO the
state of Mississippi 23O6.
INSUFFICIENT BONDS.
Any court, or the judge thereof in vacation,
in cases not specially provided for, nay re-
Ggire u new or additional bond with sufficient
sufenes. Is be given in place of any bond re-
quired in egai proceedings therein, which is
shown to be insufficient
Notwithstanding the discharge of Il superse-
isds, injunction, attachment, or other process
ia consequence of failure to give new or adj
ditional security Judgment or decree may
be given the bond given. as though it had
not been held insufficient. Z 2307
CHAPTER 81. APPEALs-To THE SUPREME
COURT.
'Y rits of error as heretofore used are abol-
ished, and }ll cases, civil and criminal, at
law and in ehsneeJy, shall be taken to the
and shall be dealt with by said court, wittcpt
regard to the manner of removing said eases
/ to such court 1852.
ON ovERRULING DEMURRER
In the ehsuaery court, appeal must be applied
for and bond given during the term at which
the demurrer is overruled. sZal0.
From such decree entered in vacation. as
we have seen, the clerk may grant appeal
within thirty days. 1852.
JUDGMENT FOR CONTEMPT.
Any person ordered by any court, from
which an appeal may be taken 40 the sa3reme
court, to be punished for a contempt, not CON
mitted in the presence of the court or in such
proximity as to interfere with its business
may appeal to the supreme court in the same
manner and upon the terms provided in ref
erenee to criminal cases. S2l6.
APPLICATION FOR APPEAL.
The mode of obtaining AH appeal from any
Judgment or decree, other than such as are
provided for TO be granted by the chancellor,
shall be by petition, in writing, to the clerk of
the court, where the judgment or decree was
rendered, OF where the record of the Judgment
or decree to be appealed from may be accord
ing to law" 23lf.
ONE OR MORE OF THE PARTIES
To judgment or decree may appeal. A sum
mems shall be issued by the clerk before whom
the appeal is taken, or by the clerk of the
supreme court for those who do not join, and
il the parties are non-resiaeRts, pG blication
shall be made If the parties summoned fail
10 appear and join in the appeal, they cannot
afterwards appeal. 23l9-
Ii the parties cited shall appear and give
security, they may join in the appeal 2S2o.
If they do not join in the appeal execution
NAV be issued against them IN the lower court.
1921.
FILING TRANSCRIPT SUFFICIENT. a
"A written petition for an appeal shall not
be necessary to its validity, but filing in the
Office of the clerk of the supreme court a
transcript Of the record of the case in which
the appeal is taken shall confer jurisdiction
on the supreme court to try and dispose of the
case; and where there is petition foR the
appeal il shall be considered to have been
taken, when the appeal bond was filed, or if
there is no bond, from the time of filing the
transcript of the record in the office of the
clerk of the supreme COURT 2322
This section and that which provides that
all eases ars to be taken to the supreme court
by appeal, win prevent great many techni-
cal objections in eases before that court.
APPEAL WITHOUT sUPERsEDEAs.
On appeals from DEGREES overruling de-
murrers or other interlocutory orders, where
q supeysedens is not allowed. and an appeal
from anal Judgment and DEGREES, where n
sHpsrsedeasis not asked, appellant shall give
bond with two or more good sureties, freehold
ers, i'm the penalty of $500 conditioned to pay
All costs of said annual in aase Of affrma nee