pay costs, when.

SEC. 90. If, on appeal by the plaintiff, he shall not recover a Plaintiff shall larger sum than twenty dollars, exclusive of interest since the rendition of the judgment before the justice, he shall be adjudged to pay all costs in the district court, (including a fee of five dollars to defendant's attorney,) and, in case the defendant shall demand a set off greater than twenty dollars, and he appeal and do not recover a larger sum than twenty dollars, he shall, in like manner, pay all costs in the appellate court, including a like fee to plaintiff's attorney.

how paid.

SEC. 91. Upon the verdict being delivered to the justice, and Fee of jurors, and before judgment being rendered thereon, each juror shall be entitled to receive fifty cents at the hands of the successful party, which shall be taxed in the costs against his adversary; when the jury shall be unable to agree upon a verdict, the same compensation shall be paid them by the party, and the same shall be taxed in the cost bill against the loosing party.

SEC. 92. In all cases which shall be tried by a jury before a justice of the peace, either party shall have the right to except to the opinion of the justice upon any question of law arising during the trial of the cause; and, when either party shall allege such exception, it shall be the duty of the justice to sign and seal a bill containing such exception, if truly alleged, with the point decided, so that the same may be made part of the record in the

cause.

SEC. 93. When a constable shall levy on or attach property, claimed by any person or persons other than the party against whom the execution or attachment issued, the claimant or claimants shall give three days' notice, in writing, to the plaintiff or his agent, or, if not found within the county, then such notice shall be served by leaving a copy thereof at his usual place of abode in such county, of the time and place of the trial of the right to such property, which trial shall be had before some justice of the township at least one day prior to the time appointed for the sale of such property.

Exceptions to tice, how made.

opinion of jus

Right of property

levied on and claimed by others

than the defend

the claim is estab

rily.

SEC. 94. If, on the trial, the justice shall be satisfied, from paty of Justice if the proof, that the property or any part thereof belongs to the lished satisfacto claimant or claimants, such justice shall render judgment against the party in whose favor such execution or attachment issued for the costs, and issue execution therefor, and shall, moreover, give a written order to the constable who levied on or who may be charged with the duty of selling such property, directing him to

If claimant fail to establish his right, shall pay

costs.

Cases in which judgment may be rendered with

costs without prejudice to a new action.

If plaintiff or defendant fails to

appear.

Judgment render

ed against defend

may be set aside. Conditions.

restore the same or so much thereof as may have been found to belong to such claimant or claimants.

SEC. 95. But, if the claimant or claimants fail to establish his or their right to such property or to any part thereof, the justice shall render judgment against such claimant or claimants for the costs that have accrued on account of such trial, and issue execution therefor, and the constable shall not be liable to the claimant or claimants for the property so taken.

SEO. 96. Judgment, that the action be dismissed without prejudice to a new action, may be entered with costs in the following cases: First, When the plaintiff voluntarily dismisses the action. before it is finally submitted: Second, When he fails to appear at the time specified in the summons or upon adjournment, or within one hour thereafter.

SEC. 97. If the plaintiff fails to appear at the return day of the summons and his bill of particulars be not filed and evidence before the justice, the action must be dismissed. If the defendant fails to appear at the return day of the summons, or if either fails to attend at the time to which a trial has been adjourned, or fails to make the necessary bill of particulars, or fails in the proof on his part, the cause may proceed at the request of the adverse party, and judgment must be given in conformity with the bills of particulars and proofs.

SEC. 98. When judgment shall have been rendered against a ant in his absence defendant in his absence, the same may be set aside upon the following conditions: First, That his motion be made within ten days after such judgment was entered: Second, That he pays or confesses judgment for the costs awarded against him: Third, That he notifies, in writing, the opposite party, his agent or attorney, or causes it to be done, of the opening of such judgment and of the time and place of trial, at least five days before the time, if the party resides in the county, and, if he be not a resident of the county, by leaving a written notice thereof at the office of the justice ten days before the trial.

Judgment when rendered; when sutered.

When amount due exceeds justice's Jurisdiction, exeess bow remitted.

SEC. 99. Upon a verdict, the justice must immediately render judgment accordingly. When the trial is by the justice, judgment must be entered immediately after the close of the trial, if the defendant has been arrested or his property attached; in other cases, it must be entered either at the close of the trial, or, if the justice then desires further time to consider, on or by the fourth day thereafter, both days inclusive.

SEC. 100. When the amount due to either party exceeds the sum for which the justice is authorized to enter judgment, such

party may remit the excess, and judgment may be entered for the residue. A defendant need not remit such excess, and may withhold setting the same off, and a recovery for the amount set off and allowed or any part thereof shall not be a bar to his subsequent action for the amount withheld.

to allow judg

ings.

SEC. 101. If the defendant, any time before trial, offers, in If defendant offer writing, to allow judgment to be taken against him for a specified ment, proceed sum, the plaintiff may immediately have judgment there for with the costs then accrued; but, if he do not accept such offer before the trial, and fails to recover in the action a sum equal to the offer, he cannot recover costs accrued after the offer; but costs must be adjudged against him. But the offer and failure to accept it cannot be given in evidence to effect the recovery otherwise than as to costs as above provided.

SEC. 102. When judgment is rendered in a case where the defendant is subject to arrest and imprisonment, it must be so stated in the judgment and entered in his docket.

when subject to entered on decket.

arrest, judgment

the final judg

SEC. 103. In all cases not otherwise specially provided for by May appeal from law, cither party may appeal from the final judgment of any ment. justice of the peace to the district court of the county where the

judgment was rendered.

shall give an un

SEC. 104. The party appealing shall, within ten days from Party appealing rendition of the judgment, enter into an undertaking to the dertaking. adverse party, with at least one good and sufficient surety, to be approved of by such justice, in a sum not less than fifty dollars.

in any case, nor less than double the amount of the judgment and

costs, conditioned: First, That the appellant will prosecute his condition of the appeal to effect, and without unnecessary delay: Second, That undertaking. if judgment be adjudged against him on the appeal, he will satisfy such judgment and costs. Such undertaking need not be signed

by the appellant.

transmit a trans

ings.

SEC. 105. And the said justice shall make out a certified Justice hall transcript of his proceedings, including the undertaking taken for cript of prosesdsuch appeals, and shall, on demand, deliver the same to the appellant or his agent, who shall deliver the same to the clerk of the court to which such an 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 stayed from the time of entering into such undertaking.

Clerk shall file the papers and docket,

the appeal.

SEC. 106. The clerk, on receiving such transcript and other papers, as aforesaid, shall file the same and docket the appeal. SEC. 107. The plaintiff in the court below shall be plaintiff in e plaintiff in the the district court, and the parties shall proceed, in all respects, in the same manner as though the action had been originally instituted in the said court.

Plaintiff in the

court below shall

district court.

If appellant fails to deliver trans

render judg

ment for appellee.

SEC. 108. If the appellant shall fail to deliver the transcript rayed and other papers, if any, to the clerk, and have his appeal docketed as aforesaid, on or before the second day of the term of the said court next after such appeal, the appellee may, at the same term of said court, file a transcript of the proceedings and judgment of such justice, and the said cause shall, on motion of the appelle, be docketed; and the court is authorized and required, on his application, either to enter up a judgment 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

If plaintiff file his transcript and

taken.

SEC. 109. If the plaintiff in the action before the justice shall fail to prosecute. appeal from any judgment rendered against such plaintiff, and, after having filed his transcript and caused such appeal to be docketed, according to the provisions of this act, shall fail to file a petition or otherwise neglect to prosecute the same to final judgment, so that such plaintiff shall become non-suit, 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

Judgment how rendered.

No appeal entered, execution to be issued.

Appellant shall pay costs, when.

cases.

SEC. 110. 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. 111. If any person, appealing from a judgment rendered in his favor, shall not recover a greater sum 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.

lant's suretics re

SEC. 112. When any appeal shall be dismissed, or when judg- When appelment shall be entered in the district court against the appellant, sponsible. the surety in the undertaking shall be liable to the appellee for the whole amount of the debt, costs and damages recovered against the appellant.

fan appeal to

district court is

quashed.

SEC. 113. When an appeal taken to the district court shall there be quashed, by reason of irregularity in 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, Justice shall i in the same manner as if no appeal had been taken.

sue execution.

Court may order pellant's under

a change of ap

taking.

SEC. 114. In proceedings on appeal, when the surety in the undertaking shall be insufficient, or such undertaking may be insufficient, in form or amount, it shall be lawful for the court, on motion, to order a change or renewal of such undertaking, and direct that the same be certified to the justice from whose judgment the appeal was taken, or that it be recorded in said court. SEO. 115. Appeals in the following cases shall not be al- Appeals not allowed: First, On judgments rendered on confession: Second, In jury trials, where neither party claim in their bill of particulars a sum exceeding twenty dollars: Third, In the action for the forcible entry and detention, or forcible detention of real property: Fourth, In the trials of the right of property, under the statutes, either levied upon by execution or attached.

lowed in certain cases.

If justice's offe

should expire,

may take under

taking for ap

SEC. 116. When the term of office of a justice shall expire between the date of the judgment and the time limited for appeal, such justice may take the undertaking for appeal at any time peal. before he has delivered his docket to his successor, and give the appealing party a transcript; after the delivery of the docket, the undertaking shall be given to his successor, and it shall be his duty to give the transcript, and do and perform all things required of his predecessor.

cause restitution

SEC. 117. Any justice, within his proper county, shall have when justice may power to inquire, in the manner hereinafter directed, as well of lands, &c. against those who make unlawful and forcible entry into lands and tenements, and detain the same, as against those who, having a lawful and peacable entry into land or tenements unlawfully and by force hold the same; and, if it be found upon such inquiry that an unlawful and forcible entry has been made, and that the same lands or tenements are held by force, or that the same, after a lawful entry, are held unlawfully, then said justice shall cause the party complaining to have restitution thereof.