1822 - Edocs
1822 - Edocs
1822 - Edocs
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Ho more than<br />
three witnesses.<br />
Motions in arrest,<br />
&c.<br />
Judgment after<br />
verduct not stayed,<br />
&c. by defect, Sic.<br />
Bond on appeal<br />
if plaintiff.<br />
If defendant.<br />
Tarty to procure<br />
copy of proceedings,<br />
6ic.<br />
Else judgment.<br />
42<br />
corer two thirds of the costs given by law in such suit<br />
ami no more.<br />
62. J>e it further enacted. That, no more than three<br />
witnesses shall be taxable in any bill of costs tor the establishment<br />
of any one fuel in a cause.<br />
63. Be it further enacted, That, all motions for a new<br />
trial, and in arrest of judgment shall be made wituin<br />
four days after the verdict rendered upon reasons in writing<br />
filed.<br />
64. Be itfurther enacted, That, no judgment after a<br />
verdict of twelve men or award of arbitrators, snail be<br />
stayed or reversed, for any defect or fault in the writ original,<br />
or for variation in the writ from the declaration,<br />
on their proceedings or any mispleading, insufficient pleading,<br />
discontinuance, misjoiningof the issue, or want of a<br />
warrant of attorney, or for other informality in entering up<br />
the judgment by the clerk, and when a judguient is arres-<br />
ted, the plaintiff shall not be obliged to bring a new suit,<br />
provided the first writ be sufficient, but the Court may order<br />
new pleadings to commence, where the error causing<br />
the arrest began, and when a judgment is arrested the party<br />
committing the error shall pay the costs occasioned<br />
thereby.<br />
65. Be itfurther enacted, That, it shall be the duty of<br />
the Inferior Courts, to require of the party appealing, if<br />
Plaintiff, a recognizance with one or more sureties, in a<br />
sum sufficient to cover the costs in the Inferior Court, and<br />
the costs of such appeal, and if defendant, a recognizance<br />
with one or more securities in a sum sufficient to cover<br />
the amount for which judgment has been given, together<br />
with the costs that have accrued, or that may accrue, by<br />
such appeal, conditioned that the appellant shall pay the<br />
costs of plaimiff, or the debt or damages and costs, if defendant,<br />
in case the judgment of the Inferior Court shall<br />
be confirmed by the Superior Court, and such recognizance<br />
being offered and given, and the appeal entered on<br />
record, the said Court shall not proceed any farther in<br />
such cause. It shall be the duty of the party appealing<br />
to demand from the clerk a true copy of all the proceedings,<br />
in such cause, and to enter the same with the clerk<br />
of the Superior Court, on or before the third day of the<br />
next succeeding term of the said court, and if the party<br />
shall neglect so to do, it shall and may be lawful for the<br />
adverse party producing a certificate from the clerk of<br />
the court below, that an appeal has been entered and a<br />
recognizance given as aforesaid, to move the Court that<br />
the said judgment may stand confirmed, whereupon the<br />
said superior court, unless satisfactory reasons for having<br />
neglected to enter the aforesaid appeal be shewn,<br />
shall confirm the jud rment of the Court below, and c ;use<br />
an endorsement thereof to be made on the aforesaid