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On appeal, court
See, 34. And every judgment rendered on such award, Such award 19 shall conclude the rights of the parties there10; unless it shaj, he final unless be made to appear to the justice of the peace who rendered frauit, fc. such judgment, and within ten days from the rendition of the same, or to the court of common pleas, on appeai, that such award was obtained by fraud, corruption, or other uudue means.
See, 35. Whenever satisfactory proof shall be adduced be-on proof of fore such justice, within the period atoresaid, that such award fraud, justice
may set aside was obtained by fraud, corraption, or other undue means, il award shall be competent for such justice to set aside such award and his judgment thereon rendered, and thereupon proceed to such final trial and judgment, as if such award had never been made,
Sec. 36. But no appeal shall be allowed to the court of No nomal from common pleas, from any judgment of a justice of the peace judgment on a.
ward, without rendered on an award, unless the party praying such appeal
affidavit of fraui shall file with such justice an affidavit, therein stating that he or she does verily believe that such award was obtained by fraud, corruption, or other undue means.
Sec. 37. And if on appeal from the judgment of a justice on appe rendered on any such award, the court of common pleas shall may set aside be satisfied that the award was obtained by fraud, corruption, awa or other undue means, such court shall set aside the award, and proceed to hear and determine the cause on the merits, as in other cases of appeal.
Sec. 38. But if the said court shall be of opinion that the Otherwise, sha!! award was not obtained by fraud, corruption, or other undue in areement means, they shall render judgment thereon, and for the costs of suit; and award execution as in other cases.
Sec. 39. The arbitrators aforesaid shall be entitled to re. Pees of arbitra ceive for their services, sixty-two and a half cents each, per tors day; to be taxed and collected with the other costs of suit.
Sec. 40. Appeals shall be allowed to the court of common Appeals, when pleas, from the final judgment of any justice of the peace, rendered under the provisions of this act, except from judge ments rendered on confession.
Sec. 41. When an appeal shall be taken under the provi- Recognizance sions of this act, the party appealing sball, within ten days. from the rendition of the judgment appealed from, enter into recognizance to the adverse party, with at least one good and sufficient surety, who shall sign his name to such recognizance, in a sum not less than fifty dollars, in any case, nor less than-Condition double the amount of the judgment and costs; conditioned for thercof the payment of the deht or damages, and costs, that have accrued, or may be adjudged against the appellant, in the court of common pleas.
Sec. 42 And the said justice shall make out a certified tran- Transcript, die script of his proceedings, including the recognizance of hail to clerk on taken on such appeal, and shall, on demand, deliver the same before seconia
for appeal, when and yow taken
to be delivered
pers and docket appeal
day of next to the appellant, or his agent, who shall deliver the same to the
clerk of the court to which such appeal may be taken, on or before the second day of the term thereof, next following such appeal; and such justice shall also deliver or transmit the bill or bills of particulars, the depositions, and all other original papers, if any, used on the trial before him, to such clerk, on or before the said second day of such term: and all further proceedings before the justice of the peace, in that case, shall cease and be staid, from the time of entering into such recog
pizance. Clerk 10 file pa: Sec. 13. The clerk, on receiving such transcript and other
papers as aforesaid, shall file the same, and docket the appeal.
Sec. 44. And the plaintiff in the court below shall be plainPlaintiff' below tiff in the court of common pleas; and the parties shall proincom. pleas
akim ceed, in all respects, in the same manner as though the suit or
Sec. 45. But if the appellant shall fail to deliver the tranAppellant failing script and other papers, if any, to the clerk, and have bis apin time, appelle peal docketed as aforesaid, on or before the second day of the may file one, and term of the said court next after such appeal, the appellee may, elitered or an
hp at the same term of said court, file a transcript of the proceedpral dismissed ings and judgment of such justice, and the said cause shall, on
motion of the appellee, be docketed: and the court is authorized and required, on his application, either to enter up a judge ment in his favor, similar to that entered by the justice of the peace, and for all the costs tbat have accrued in the couri, and award execution thereon; or such court may, with the consent of such appellee, dismiss the appeal, at the cost of the appellant, and remand the cause to the justice of the peace; to be thereafter proceeded in as if no appeal had been taken.
Sec. 46. If the plaintiff in the action before the justice, If plaintiff shall appeal from any judgment rendered against such plaintiff, become non-suit, and after having filed his transcript and caused such appeal to what judgment be docketed, according to the provisions of this act, shall fail
to declare in such action, or otherwise neglect to prosecute the same to final judgment, so that such plaintiff shall become nonsuit, it shall be the duty of the court to render judgment against such appellant, for the amount of the judgment rendered against him by the justice of the peace, together with interest accrued thereon, and for costs of suit, and to award execution therefor, as in other cases.
Sec. 47. If both parties fail to enter such appeal within Roth partics the time limited as aforesaid, the justice, on receiving a certiappeal, how ficate from the clerk of the court, stating that the appeal was
not entered, or being entered, was dismissed as aforesaid, shall thereupon issue execution upon the judgment, in the same
manner as if such appeal had never been taken. Appellant not Sec. 48. And if any person appealing from a judgment
lali rendered in his favor, shall not recover a greater sam than
the amount for which judgment was rendered, besides costs
court shall render
failing to entcr
justice shall proceed
How surety (or
and the interest accruing thereon, every such appellant shall pay the costs of such appeal.
Sec. 49. When any appeal shall be dismissed, or when judg. Liability of ment shall be entered in the court of common pleas against the surety for appers appellant, the surety in the recognizance of appeal, shall be . liable to the appellee for the whole amount of the debt, costs and damages, recovered against the appellant. .
Sec. 50. And when the whole amount of the debt, damages and costs, shall not exceed one hundred dollars, the surety appeal may be may be proceeded against before the proper justice of the proceeded
againet peace, by scire facias, as in case of bail for stay of execution upon judgments rendered before a justice of the peace: and where the whole amount of the debt, or damages and costs, . shall exceed one hundred dollars, the surety may be proceeded against in the court of common pleas of tbe proper county, by action of debt, founded upon said recognizance; an authenticated copy of which, shall be received in court as of equal authority with the original. '.
Sec. 51. When an appeal taken to the court of common pleas shall there be quashed, by reason of irregularity in Quashing appeal taking or consummating the same, the cause for quashing shall be stated in the order of the court, and a transcript of such order shall be lodged with such justice; who shall thereupon proceed to issue execution, in the same manner as if no appeal had been taken.
Sec. 52. In proceedings on appeal, when the surety in the recognizance shall be insufficient, or his testimony shall be re- In what cases
recognizance quired by the appellant, or such recognizance may be insuf- ma
may be changeti ficient in form or amount, it shall be lawful for the court, on or renewed motion, to order a change or renewal of such recognizance, and direct that the same be certified to the justice from whose judgment the appeal was taken, or that it be recorded in the said court.
Sec. 53. When the balance claimed to be due on any open When balance or unsettled account, or on any bill, note or bond, shall be less claimed is less
than $100, justhan one hundred dollars, the party by whom such balance tice" ball have shall be claimed, may commence his action therefor, before a jurisdiction justice of the peace; who shall have power, and he is hereby authorized, to hear and determine the matters in controversy between the parties, without regard to the amount of the original account or contract, and he may render judgment for any balance found due, not exceeding one hundred dollars.
Sec. 54. If any plaintiff appeal from a judgment entered ir plaintif ap. in his favor for such balance, and shall recover judgment for a peal and recover greater sum than one hundred dollars, besides interest and he shall not have Eosts, he shall not recover costs on such appeal.
Sec. 55. In all cases where the proceedings of a justice of the peace are carried to the court of common pleas or supreme ce court, by writ of certiorari, the clerk of the court shall require given and take from the person applying for such writ, prior to his
more than $100
Certiorari not to issue till bond
lowed in terin
erate as superse
issuing the same, a bond to the adverse party, with sufficient Condition of surety resident within the county, conditioned for the payment
of all the costs and charges which have accrued, or may accrue on such writ, together with the amount of any judgment that may be rendered against such plaintiff in certiorari, on the further trial of the cause, after the judgment of the court below shall have been set aside or reversed.
Sec. 56. Writs of certiorari, to set aside or reverse the pro. Fertiorari not ceedings of justices of the peace, in manner aforesaid, shall not allowed after be allowed or issued in vacation of the courts aforesaid, after fifteen days
the expiration of fifteen days from the day on which the judgment, sought to be reversed, was rendered: and if any such writ be allowed or issued, contrary to the provisions of this section, it shall be the duty of the justice to whom it may be directed, to disregard the same.
Sec. 57. But writs of certiorari may be allowed in term
time by the court of common pleas or supreme court, on cause But may be al
rin shown, at any time before satisfaction of the judgment sought tine within five to be reversed thereby: Provided, Such time shall not exceed
five years from the rendition of such judgment. . ;
Sec. 58. And the writ of certiorari, allowed under the proCertiorati to op. visions of this act, shall, in all cases, operate as a supersedeas deas
to any execution issued on the judgment sought to be reversed by such writ, from the execution of the certiorari bond taken as aforesaid.
Sec. 59. It shall be the duty of the plaintiff in certiorari, Kotice to ad to give a written notice to the adverse party, his agent or attorverse party how ney, if resident in the county, that such writ has been al
lowed, and issued; which notice shall be personally served by
Sec. 60. And the notice required as aforesaid, shall be given Time of giving
at least ten days before the term of the court to wbich such writ of certiorari is returnable; but if that number of days shall not intervene between the date and return of such writ, then the court shall make such order respecting the notice to be given, as s'all be just and right in the premises. :
Sec. 61. If the judgment of a justice of the peace, taken by Proceed'mgo when judgment writ of certiorari to the court of common pleas, shall be affirmnof justice is af ed, it shall he the duty of such court to render judgment against
the plaintiff in certiorari, for the costs of suit, and to award .... to execution therefor; and the court shall thereupon order their
clerk to certify their decision in the premises, to the justice, that such proceedings may thereafter he bad on the judgment affirmed as aforesaid, as if such writ of certiorari had never been taken: or such court may award execution, to carry into