1822 - Edocs

43
certificate, which certificate and endorsement being filed
with the ierk of the inferior court, it shall he the uuty of
such clerk to enter a judgment on the recognizance, and
to issue execution for the amount of debt, damages and
costs, as Che case may be for which judgment has been
given in the inferior court, together with the fees of the
officers in the superior court, and when an appeal as
aforesaid shall have been duly entered in the superior
court, it shall be the duty of the judges to examine the
record and to award a new trial, reverse or affirm the
judgment of the court below, or give such judgment as
the court below ought to have given, as to them may appear
according to justice, and the superior court may
order the record aforesaid with their decision and determination
thereon written and duly* certified to be remitted
to the said inferior court, on payment of the fees incurred
in said superior court, and the same decision and
determination shall be duly carried into execution by
such inferior court, or the superior court may award execution
to carry into effect its decision and determination.
66. Be it further enacted, That, in any suit depending
in the circuit court, or hereafter to be brought in the cir-
cuit court, in which the value of the thing sued for amounts
to the sum of twenty dollars exclusive of costs,
in which a judgment shall be rendered for that amount
in debt and damages or damages alone, and in actions of
replevin and ejectment, the party agrieved by such judgment
of the court, may appeal to the next superior court
for the Territory in which judgment is rendered, and it
Appeal duly entered.
Proceedings.
Judgment over
§2U may be carried
to the Superior
Court.
shall be the duty of the party appealing to enter into Appeal Bond
bond with one or more sufficient securities, to be approved
by said court, in double the amount of such judgment
or the value of the property recovered in such action or
suit to the opposite party, conditioned to prosecute such
appeal with effect or in default thereof to pay all costs
occasioned thereby, exclusive of the legal interest, and
the said bond being filed in the said circuit court, no further
proceedings shall be had therein in the said court,
and such appeal, being entered in the superior court,
shall be there heard and tried upon the merits de novo
Trial de novo.
on the pleadings as filed therein in the inferior court, as
though no trial had taken place in the inferior court,
and if on the final trial in the said superior court the
judgment shall be in favor of the same party and for the
same amount and thing, as the amount of the judgment
appealed from the appellant shall pay to the appellee,
in addition to such judgment, and in addition to the legal
interest, costs of suit and an attorneys fee often dollars
to be taxed in the bill of costs, and execution issue there-
for as in other cases.
Interest and co^u..