1822 - Edocs

Bond on appeal.
"Within ten dav
Trial.
Appellee residing
in another countv.
Justice to lodge
papers.
Discounts Sec.
allowed—but not
the oath of party.
Keep books of
record.
92
the sum of such judgment with security, who shall br
approved of by the justice from whose judgment the appeal
is made—which approval the justice may certify at
the foot of the judgment; such bend shall be conditioned
for the payment of the debt and costs, in case the judgment
shall pe confirmed on the trial of the appeal—upon
the execution of such bond, which shall in all cases be
given within ten days from the rendition of said judgment
the clerk shall certify the same to the magistrate and constable,
enjoining further proceedings, and issue a summons
to the appellee, to appear at the court to which the
appeal is returned, noting the day the same shall be set
for trial, the constable shall summons the appellee his
agent or attorney if within the county, which summons
shall be executed ten days before the court where the same
shall be tried. The appeal shall be tried as soon as an
original cause, open to all legal testimony, and execution
shall issue on the judgment pronounced in said circuit
court, directed to the sheriff and returnable as other executions
are.
5. Be it further enacted, That, where the appellee shall
reside in another county, the clerk of the court to which
the appeal is made shall have power to issue a summon^
to any constable of said county to be executed and returned
to said court—or the appellant or some person foi
him, may execute the same, which service shall be good,
on satisfactory proof thereof being made to the court to
which it is returned.
6. Be it further enacted, That, it shall be the duty of
the justice who gave the judgment, to lodge with the
clerk at or before the next court after the appeal is perfected,
all papers produced and read on the trial before
him, and if no papers, to certify the same to the clerk,
noting therein all the costs—the clerk shall docket the
same in order.
7. Be it further enacted, That, in all cases tried by a
justice of the peace, he shall allow all discounts and setoffs
which the defendant can prove at the trial and which,
are admissible according to equity, and the justice of the
case, but in no case shall the oath of either party be received
in evidence.
8. Be it further enacted, That, every justice of the
peace shall keep a book of record, in which he shall make
fair and accurate entries of all causes brought before him,
with his judgment thereon, and shall also keep a book, in
which a minute of all executions shall be entered, into
whose hands delivered, when returnable, the amount oi
the judgment and of ihe costs, when returned, and also a
copy of the return of the constable in seperate columns,
which shall be conclusive evidence of the matters thereii
contained.