ontained by

See. 34. And every judgment rendered on such award, such award to shall conclude the rights of the parties thereto; unless it shah he final unless be made to appear to the justice of the peace who rendered fraud, qc. such judgment, and within ten days from the rendition of the same, or to the court of common pleas, on appeal, that such award was obtained by fraud, corruption, or other undue

means.

may set aside

Sec. 35. Whenever satisfactory proof shall be adduced be-on proof of fore such justice, within the period atoresaid, that such award fraud, justice was obtained by fraud, corruption, or other undue means, it 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.

ward, without

Sec. 36. But no appeal shall be allowed to the court of No appeal from common pleas, from any judgment of a justice of the peace judgment on a rendered on an award, unless the party praying such appealffidavit of fraud 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.

award

Sec. 37. And if on appeal from the judgment of a justice on appeal, court rendered on any such award, the court of common pleas shall may set aside be satisfied that the award was obtained by fraud, corruption, 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.

render judgment on award

Sec. 38. But if the said court shall be of opinion that the Otherwise, shall award was not obtained by fraud, corruption, or other undue 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- Fees of arbitraceive for their services, sixty-two and a half cents each, per tors day; to be taxed and collected with the other costs of suit.

allowed

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 judgments rendered on confession.

for appeal. when

Sec. 41. When an appeal shall be taken under the provi- Recognizance sions of this act, the party appealing shall, within ten days and how taken 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 double the amount of the judgment and costs; conditioned for thereof the payment of the debt or damages, and costs, that have accrued, or may be adjudged against the appellant, in the court of common pleas.

Condition

to be delivered

Sec. 42 And the said justice shall make out a certified tran- Transcript, &.c. script of his proceedings, including the recognizance of bail to clerk on or taken on such appeal, and shall, on demand, deliver the same before secoriá X

day of next

term

Clerk to file pa pers and docket appeal

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

nizance.

Sec. 43. 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 proceed, in all respects, in the same manner as though the suit or action had been originally instituted in the said court.

shall be plaintiff

in com. pleas

to file transcript

have judgment

entered or an

Sec. 45. But if the appellant shall fail to deliver the tranAppellant failing script and other papers, if any, to the clerk, and have his apin time, appellee 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, at the same term of said court, file a transcript of the proceedpeal 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 judg ment in his favor, similar to that entered by the justice of the peace, and for all the costs that have accrued in the court, 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.

If plaintiff appeal and

become non-suit,

court shall render

Sec. 46. If the plaintiff in the action before the justice, shall appeal from any judgment rendered against such plaintiff, 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.

Both parties

failing to enter appeal, how justice shall proceed

Appellant not recovering

greater sum shall pay-costs

Sec. 47. If both parties fail to enter such appeal within the time limited as aforesaid, the justice, on receiving a certificate 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.

Sec. 48. And if any person appealing from a judgment rendered in his favor, shall not recover a greater sam than the amount for which judgment was rendered, besides costs

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 appet 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.

againet

Sec. 50. And when the whole amount of the debt, damages How surety for and costs, shall not exceed one hundred dollars, the surety appeal may be may be proceeded against before the proper justice of the proceeded 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 the 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.

recognizance

Sec. 52. In proceedings on appeal, when the surety in the recognizance shall be insufficient, or his testimony shall be re- In what cases quired by the appellant, or such recognizance may be insuf may be change 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.

than $100, jus

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 one hundred dollars, the party by whom such balance tice shall 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 if plaintiff' apin 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 costs, he shall not recover costs on such appeal.

more than $100

costa

Certiorari not to

Sec. 55. In all cases where the proceedings of a justice of the peace are carried to the court of common pleas or supreme issue till bond 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

bond

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.

fifteen days

Sec. 56. Writs of certiorari, to set aside or reverse the proCertiorari 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 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.

But may be allowed in term

Sec. 57. But writs of certiorari may be allowed in term. time by the court of common pleas or supreme court, on cause shown, at any time before satisfaction of the judgment sought time within five to be reversed thereby: Provided, Such time shall not exceed five years from the rendition of such judgment.

years

Sec. 58. And the writ of certiorari, allowed under the proCertiorari to op- visions of this act, shall, in all cases, operate as a supersedeas to any execution issued on the judgment sought to be reversed by such writ, from the execution of the certiorari bond taken as aforesaid.

erate as supersedeas

Notice to ad

verse party how given

Time of giving

notice

Proceedings

firmed

Sec. 59. It shall be the duty of the plaintiff in certiorari, to give a written notice to the adverse party, his agent or attorney, if resident in the county, that such writ has been allowed, and issued; which notice shall be personally served by reading, or by copy left at the dwelling house or place of abode of such party: but if such party, his agent or attorney, be not a resident of the county, then such notice shall be given by advertisement posted up in three of the most public places within such county.

Sec. 60. And the notice required as aforesaid, shall be given at least ten days before the term of the court to which 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 all be just and right in the premises.

Sec. 61. If the judgment of a justice of the peace, taken by wher judgment writ of certiorari to the court of common pleas, shall be affirmed, it shall be the duty of such court to render judgment against the plaintiff in certiorari, for the costs of suit, and to award 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 be 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

effect the judgment of such justice, in the same manner as if such judgment had been rendered in the court of common pleas.

Sec. 62. But in all cases where the proceedings of a justice of the peace are carried, by writ of certiorari, to the court Proceedings in of common pleas, in manner aforesaid, and the judgment of court when judg such justice shall be reversed or set aside, the court shall render judgment of reversal, and for the costs that have accrued up to that time, in favor of the plaintiff in certiorari, and award execution therefor; and the cause shall be retained by the court for trial and final judgment, as in cases of appeal.

Stay of execu

Sec. 63. Any person against whom judgment may be rendered under the provisions of this act, except as hereinafter on excepted, may have stay of execution thereon for the several periods hereinafter mentioned, by entering into recognizance to the adverse party, with such good and sufficient surety, resident in the county, as the justice shall approve, conditioned for the payment of the amount of such judgment, interest and costs, and the costs that may accrue; which recognizance shall be entered on the docket of the justice, and be signed by the surety.

Sec. 64. The stay of execution hereby authorized, shall be Graduation OD graduated as follows, namely:

First-On any judgment for five dollars and under, the stay shall be for sixty days:

Second-On any judgment exceeding five dollars, and under twenty dollars, the stay shall be for ninety days:

Third-On any, judgment for twenty dollars, and under fifty dollars, the stay shall be for one hundred and fifty days: Fourth-On any judgment for fifty dollars or upwards, the stay shall be for two hundred and forty days.

Sec. 65. But no stay of execution on judgments rendered in the following cases shall be allowed, namely: First-On judgments rendered against any justice of the peace, for refusing to pay over money by him collected or received in his official capacity:

Second-On judgments rendered against constables for refusing to pay over money by them collected or received in their official capacity, or for neglecting any other duty required of them by this act:

Third-On judgments rendered against bail for the stay of

execution.

stay

cases in which

no stay of execu tion shall be

allowed

execution shall

Sec. 66. If any person against whom judgment was render- Party failing to ed, shall refuse or neglect to enter into such recognizance as give bail for stay. aforesaid, and shall fail to satisfy such judgment, and interest issue thereon, together with costs of suit; it shall be the duty of the justice rendering such judgment, unless otherwise directed by the party in whose favor the judgment was rendered, or his agent, to issue execution thereon, returnable to such justice. within thirty days from the date of such execution, thereby com-,