. on the clerks Proceedings thereon from the time of entering such appeal; and the Appeals to persons so appealing, shall cause an entry of the be entered appeal to be made with the clerk of the court; docket and the plaintiff in the court below, whether appellant or appellee, shall be plaintiff in the court above; and after such entry shall be made, the parties shall proceed in all respects in the same manner as though the suit had been originally instituted in said court, and reference shall be had to the proceedings in the court below, no farther than to include in the judgment to be rendered, the costs taxed in the courts below: Provided, That if the appellant shall fail or neglect to enter the appeal as aforesaid, the appellee may have the same entered, and the judgment of the court below shall be confirmed, and judgment entered against the appellant for the same, with costs and interest: Provided also, If the person or persons in whose favor judg ment shall be rendered, shall appeal, and shall not recover more than was recovered before the justice, in such case the appellant shall pay the costs accruing on such appeal. Proviso Sec. 18. Be it further enacted, That in all On certiora cases where the proceedings of a justice of the ri justice to peace are taken up before the court of common take bond from appli pleas, or supreme court, by a writ of certiorari, cant the clerk of such court shall require and take from the person requesting such writ, previous to his granting the same, a bond with sufficient security, resident within his county, conditioned for the payment of all costs and charges which have or may accrue upon the same, together with the amount of judgment that may be rendered, as hereinafter directed: Provided, He shall fail upon trial to obtain a verdict and judg- Proviso ment in his favor: Provided however, That no justice of the peace shall obey any writ of cer N Further pro viso tiorari, unless such writ shall bear date within fifteen days from the day on which such judgment was rendered, any law or usage to the contrary notwithstanding: Provided also, That the person applying for such writ, shall notify the other party in the suit, or his, her or their agent or attorney, by leaving a written notice at his, her or their dwelling-house, or last place of abode, or by advertising the same in three of the most public places within his township, at least ten days previous to the sitting of the court: Provided, That number of days shall accrue previous to the sitting of the court. Proceedings Sec. 19. Be it further enacted, That in all before court cases where the proceedings of a justice of the peace are brought up before the court of common pleas in manner aforesaid, and the judgment of such justice shall be set aside, or reversed by such court, the court shall retain the cause before them, and proceed thereon to final judgment, as in cases of appeal from the judgment of a justice of the peace: Provided, That in all cases where the judgment of a justice of the peace is reversed upon certiorari, the plaintiff in certiorari shall recover all his costs up to the time of reversal, and shall have judgment and execution therefor, as if the cause was not retained for further trial. on certiorari Proviso Stay of exe Sec. 20. Be it further enacted, That if any cution before person, against whom judgment is entered for justices on any sum, including costs, exceeding two dolgiving ball lars, shall enter such bail as shall be deemed sufficient security for the amount of said judgment, interest and costs, and have the same entered on the docket of the justice; such person shall have stay of execution for two months, if judgment is entered for any sum not exceeding five dollars, and for any sum above five dol sue execut. lars, and not exceeding twelve dollars, execution shail be stayed for four months; and for any sum exceeding twelve dollars, and not exceeding twenty-five dollars, execution shall be stayed for six months; and for any sum exceeding twenty-five dollars, and not exceeding fifty dollars, execution shall be stayed nine months; and for any sum exceeding fifty dollars, execution shall be stayed twelve months. And if the On neglect person against whom judgment was rendered, to enter bail shall refuse or neglect to enter such bail, or justice to is shall fail to pay to the person or persons recovering such judgment, or his agent, the full amount of debt, together with the costs of suit, it shall be the duty of such justice who gave such judgment, on request of the party recovering the judgment, or his agent, to grant execution thereon, returnable to such justice with- Conditions of in thirty days thereafter, commanding the con- execution stable to levy and make the debt, damages and costs of the goods and chattels of the party against whom the judgment was rendered and for want of such property whereon to levy and make the same, to take the body of such party, and convey him, her or them, to the jail of the county: Provided, That if the defendant shall Proviso. enter sufficient bail for the stay of execution within five days, the said justice shall recal the same, and the sheriff or keeper of such jail, is hereby required to receive the person or persons so taken in execution, and him, her or them, safely keep, until the sum so recovered and the costs of suit be fully paid, or he, she or they be otherwise legally discharged; and in default of such keeping, the said sheriff shall be answerable to the party aggrieved, who shall have the same remedy against him, as is provided by law in cases of escapes. And all property sold Proviso Ten days no by execution, shall be advertised by the contice of sales stable at three of the most public places in the of property township, at least ten days previous to the day of sale: Provided always, Where bail is entered for the payment of the debt and costs, the first process shall be an execution against the goods and chattels of the defendant, and if goods and chattels cannot be found of the defendant, sufficient to satisfy the execution, and a return be made thereof by the constable, the justice, if Scire facias required by the plaintiff, his, her or their agent, against bail shall issue a seire facias against the bail, the same shall be served and returned by the constable, in the same manner as a summons is served and returned; and upon return thereof, Proceedings the justice shall, unless for good cause shewn, enter judgment, and forthwith after demand, issue execution against the bail, for the amount of such judgment and costs, or such part thereof as shall remain unsatisfied, to be returned in the same manner as executions are in other cases. thereon file ffidavit Sec. 21. BE it further enacted, That where Privilege of any person or persons shall enter security upon securies to the docket of any justice of the peace, for stay and have ex of execution, according to the provisions of the ecution issu foregoing section, if such security or securities eds princi shall become apprehensive that by delaying pal debtor execution until the full term of the stay of execution has expired, such security or securi ties may be compelled to pay the judgment, such security or securities may go before the justice of the peace, upon whose docket he or they stand as security, and make and file an affidavit that he or they are apprehensive of being compelled to pay the judgment in case execution be further delayed, and thereupon, at the request of such security or securities, such justice shall issue an execution against the prin sipal debtor or debtors, which shall be proceeded in as other cases: Provided, That if within ten days after the levying such execution, the principal debtor or debtors shall give additional security, to the satisfaction of the justice, for the stay of execution for the time not expired, and shall pay the costs of such execution, the execution shall be taken back and stayed, and all subsequent proceedings shall be the same as though no such execution had issued, except that in proceeding against such security or securities, a scire facias shall be issued against the persons last entering security, in the first place, and no scire facias shall be had against the first security or securities, unless the last prove insolvent. Provise Bail may Sec. 22. BE it further enacted, That when- have execu ever judgment shall be obtained against any tion against person who shall have entered himself bail on his principal the docket of any justice of the peace, agreeably to the twentieth section of this act, the original judgment for the stay of execution, on which such person was entered bail, shall remain good and valid in law for the use of such bail, who may at any time thereafter sue out execution on such judgment, against the goods, chattels and body of the defendant, for the use of such bail, which shall be so endorsed by the justice, and such bail shall also be entitled to a transcript of such judgment for his own use, which shall have the same force and effect as transcripts in other cases. Sec. 23. Be it further enacted, That in all Proceedings cases where execution shall issue against any where deft. person or persons, on any judgment rendered has no goods but is possess against such person or persons, and goods and ed of lands chattels cannot be found to discharge the same, in case it shall be made known to the justice |