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


for costs. And in like manner il Is held tina
writ of error to any final judgment or decree
may be prosecuted as matter Of right, with
out bond for costs, aud without prepayment
/ Of the clerks fees for making the transcript
This is changed by the new Code No civil
case can be taken to the supreme court with
out bond as above provided.
BOND OF sUPERsEDEAs
Shall be given substantially as required By
the Code Of 1871, in double the amount of tn.
( iudgmen; or decree appealed from, or double
tue value Of the property, or other matter in
controversy. 2325.
a WRIT OF POSSESSION
In ejeetment shall be stayed, unless the
appellant shall give bond in double the value
of one year rent of the premises, conditioned
If the judgment is affirmed, 70 pay all costs
and the value Of the use of such premises after
| taking the appeal, and damages for waste
The value # the rent to be determined by the
clerk taking the bond. 1926.
IF THE JUDGMENT Is AFFIRMED
The circuit court, after notice TO the obligors
shall execute a writ of inquiry and enter
judgment the bond for the value Of the use
and occupation, and all damages and costs.
1921.
There was great necessity for these two
sections for it has been held that the defend
ant in ejectment can, under the law now IN
force, take the case to the supreme court and
retain possession Of the premises without CIV
ing bond for supersedsas. See 53 Miss, IL.
DECREE AS TO REAL ESTATE.
If the decree appealed from directs the sale
or delivery of possession of land, the appeal
bond to operate a IS a stpersededs, shall be in
penalty double the amount decreed to be paid,
or double the value of the land. This bond
shall be conditioned to pay all costs and
damages and the value of the use of the land
until surrendered.
Ii the decree is affirmed, proceedings shall
be had in the chancery court on the bond
similar to those provided for in reference to
bonds given to supersede judgment in eject
ment. Z 2328.
IN CASES NOT PROVIDED FOR
The appeal bond may be made payable to
the state; but it shall not be an objection to
the bond that 1T is not payable to the proper
person 1929 See also 23O5, above.
In case of an appeal to the supreme court,
where no supersedeas is provided for, supsrss-
IDEAS may be allowed by the court or judge,
upon such bond as may be fixed. 233O.
OPTION AS To BOND.
sswhen the decree appealed from, fixes
specific charge on real estate, the amount OF
the bond for "a slpersedeas shall be double the
value of the said real estate, or Of the decree;
at the option OF the appellant 2o5l.
BONDS BY ONE OR MORE APPELLANTS.
Appeal bonds shall be sufficient if signed
by one or more of several appellants, with
sureties as required by law, and in case of the
affirmance of the decree judgment com
planned of, the judgment of athrmance shall
be entered against all the appellants in the
same manner if all had signed such bond.
But, if the decree or judgment shall be at
firmed as TO some, and reversed as to some of
said appellants, the Judgment of affirmance
shall be entered only against those as to whom
it is affirmed, and the sureties on the appeal
bond 2352.
No BOND IN CERTAIN CASES.
1.-The state, and any county or incorpora-
ted town thereof. and the officials represent
ing the state, county or town in any suit
or action, and any state, county OIL tow ofhcer,
who is a party to any suIt or action in his
official character, which suit or action the
state. county town is benehcially inter-
ested, and the several Incorporated charitable
institutions, established and maintained by
the state shall be entitled to an appeal and
stpsrSededs in all cases without bond. Z333
Executors. administrators and guardians
except executors who have not given bonds as
such, may appeal from any Judgment, decree
or order affecting them in their hduclary
character, and shall have a stPerSededs on
such appeal, without bond for costs or for a
Supersedea., but they may be required to pre-
nav the clerk for the transcript Of the record
for the supreme court" 1884
APPEALS IN CRIMINAL CASES
There are some changes of the laws as to
appeals ana appeal bonds in criminal cases,
but it is not considered necessary to refer to
them.
AUTHORITY OF THE CLERK.
''To enable the clerk to determine the value,
or aMount of the matter in controversy, where
the same shali IQt appear by the proceedings
in the cause, he may examiat the parties and
other persons, on oath; aud he may also ex-
anime, on oath, all persons who may be offered
Gs sureties on any appeal bond, touching their
sutRciensy Ps such suretles and require the
same 10 be put AZ writing, and signed by such
persons z254S
EXECUTION SHALL BE STAYED,
When an appeal is taken and bon1 given, If
execution is issued, and an appeal with
supeyssdsas is afterwards taken, the clerk
shall order the officer to desist from execution
and TO return any property seized 2346
FORMER APPEAL TRANSCRIPT.
When a case has been remanded and shall
be again taken to the supreme court, the APP
pellant may signify his desire for the ciccrrk T"
make transcript only of the subsequent pro-
ceedings, This, with the former transcript,
shall constitute the record for the case in the
supreme court 2347.
There will be a great saving of costs under
this section.
THE CLERKS FEES
For the transcript shall be endorsed thereon.
If this is not done, the clerk of the supreme
court shall not be required to issue execution
therefor. 2549.
APPEAL To CIRCUIT COURT.
FROM BOARD or SUPERVISORS
To be taken as required by : 1888, Code 1871.