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or for neither, in their discretion, according to the circumstances of the case.

SEC. 6. In all cases in which power is conferred upon a single justice of the supreme court to hear and determine any matter in vacation, said justice may, in his discretion, award costs to either or neither party thereto, or divide the same, in any proportion between the parties; said costs to be taxed by the clerk, allowed by the justice, and collected by execution, returnable to the next term of said court in the county.

SEC. 7. If the plaintiff in any case shall file his declaration in either of the clerk's offices of the supreme court or court of common pleas, as is by law provided, and shall afterwards withdraw or discontinue his suit before the sitting of the court, but after answer filed, the defendant in such case shall recover his costs.

SEC. 8. When several persons shall be made defendants in an action of trespass or ejectment, and the same shall be discontinued as to any one or more of said defendants; or if upon the trial thereof, any one or more of them shall be acquitted by verdict, or upon a demurrer, every defendant so discharged or acquitted, shall have and recover his costs.

SEC. 9. In all civil actions brought by or against a firm, company or copartnership, and where there is a joint cause of action, or joint defence, costs for travel and attendance of one only of the parties recovering judgment shall be taxed.

SEC. 10. In all actions on promissory notes in the name of the assignee or indorsee of the note against the original promisor, no more costs shall be taxed than would by law be taxable if such action had been brought in the name of the payee of the note.

SEC. 11. Unless the certificate of a witness, for his attendance and travel, be filed with the clerk of a court or justice of the peace rendering judgment, within four days after the rendition of judg ment in the cause in which he shall have attended, or been summoned, no more fees shall be taxed in favor of the party procuring such witness than his travel, and one day's attendance.

SEC. 12. The appellee, in any case appealed from the court of common pleas to the supreme court brought upon any bond or promissory note for money, or upon any bill of exchange against the acceptor thereof, whether interest be payable thereon or not, who shall recover in the supreme court, shall recover double costs in said court, and double interest on the debt from the day of the judgment of the court of common pleas appealed from, to the time of the final trial in the supreme court: Provided, that if the supreme court on such final trial shall be satisfied that the appellant had reasonable ground of defence, and that such appeal was not solely for delay, they shall allow only single interest from the day of the judgment of the court of common pleas appealed from, to the time of such final trial, with single costs.

SEC. 13. If in any action for such cause originally brought in the supreme court, a verdict be recovered by the plaintiff, and a motion for a new trial be filed therein by the defendant and allowed as of course, and judgment be afterwards rendered in favor

of the plaintiff upon verdict, by default or on submission, the defendant may, in the discretion of the court, be adjudged to pay double costs and double interest on the debt accruing or taxable after the filing of such written motion.

SEC. 14. All bills of costs shall be taxed by the clerks of the respective courts, and shall be examined and allowed by one of the justices thereof; except that in justices' courts they shall be taxed and allowed by the justice who signed the original writ, except as provided in chapter one hundred and sixty-eight, section seven

teen.

SEC. 15. The justice of any court who shall examine and allow any bill of cost shall strike out and disallow any sum that may be taxed or demanded for the expense of any witness or any evidence whatsoever that shall appear to such justice overcharged, frivolous or not material to the issue of the cause; and no costs shall be allowed for any written evidence unless the fees be noted thereon or certified by the officer who issued or made out the same.

SEC. 16. Costs taxed in the court of common pleas may be revised, in case of appeal to the supreme court, in the taxation of costs there.

CHAPTER 191.

OF APPEALS IN CIVIL CASES AT COMMON LAW, AND OF NEGLECT TO PROSECUTE THE SAME.

SECTION

1. Appeal from justice's court to court of common pleas in civil action, how taken.

2. From the court of common pleas to the supreme court, when to be taken by defendant.

3. By plaintiff, when.

4. Appeals from court of common pleas to supreme court, how taken.

5. Costs to be paid down, on appeal from

SECTION

judgment on bond, promissory note and bill of exchange.

6. Reasons of appeal and copy of case, when to be filed for an appeal.

7. Of special leave to file reasons of appeal.

8. Appeal, how to be tried.

9 and 10. Of proceedings, in case of neglect to enter appeal.

SECTION 1. Any party aggrieved by the judgment of any justice of the peace rendered in any civil action, may appeal therefrom to the next term of the court of common pleas to be holden in the same county, for a final hearing of said action: Provided, he shall, within five days after rendition of such judgment, pay costs and give bond in said justice's court to the other party, in a sum not exceeding fifty dollars, with sufficient surety or sureties, to prosecute such appeal with effect, or in default to pay costs.

SEC. 2. Any party defendant aggrieved by the judgment of the court of common pleas, in any civil action bringing into question

the title to real estate, or any right, easement or interest therein, or in which the debt or damages or value of the property recovered shall amount to the sum of one hundred dollars or upwards, may appeal to the supreme court at the term thereof next to be holden in the same county after the expiration of five days from the rising of the court of common pleas at said term.

SEC. 3. Any party plaintiff thus aggrieved by the judgment of the court of common pleas, in any civil action bringing into question the title to real estate, or any right, easement or interest therein, or in which the debt or damages or value of property claimed shall amount to the sum of one hundred dollars or upwards, may, in like manner, appeal from any judgment rendered therein: Provided, that if upon such appeal he shall not recover in the supreme court the sum of one hundred dollars or upwards, or property to the value of one hundred dollars, or upwards, exclusive of costs, he shall recover no costs in such action, unless the title to real estate, or to some right, easement or interest therein be brought in question in such action.

SEC. 4. In case of such appeal, and as the condition thereof, the appellant shall give bond in the clerk's office of the court of common pleas appealed from, in the sum of one hundred dollars, within five days after the rising of said court at the term in which judgment therein shall have been rendered against him, to prosecute his appeal with effect, and in default thereof to pay costs.

SEC. 5. If judgment be rendered upon any bond for money or upon any promissory note for money, or upon any bill of exchange against the acceptor thereof, whether interest be expressed to be payable in the same or not, the appellant shall pay down the costs of the court of common pleas, and give bond to prosecute the appeal so made.

SEC. 6. The appellant shall, in all cases, file his reasons of appeal in the clerk's office of the court appealed to, at least ten days before the sitting of such court; and shall, at the time of entering his appeal, file in the same office a certified copy of the whole

case.

SEC. 7. If any party appealing to the supreme court or court of common pleas, shall, through mistake, accident or misfortune, omit to file his reasons of appeal at the time prescribed as aforesaid, the said courts respectively, in their discretion, on sufficient cause being shown therefor, may, at the term of the court appealed to, permit such party to file his reasons of appeal in court, on such terms as they shall prescribe.

SEC. 8. If the appellant in any case of appeal shall enter his appeal in the court appealed to, the cause shall be tried and decided in the same manner as if both parties had appealed, and both parties shall have the benefit of any new and further evidence.

SEC. 9. If the appellant shall neglect to enter his appeal as by law required, the adverse party, in case he did not also appeal, may at any time during the term appealed to, or at the next succeeding term, enter his complaint and obtain a confirmation of the former

judgment, as of the third day of the said term, with double interest from the time of the rendition of the judgment appealed from, to said third day, if damages were therein given, and double costs.

SEC. 10. In case of such neglect, if the court appealed to shall be satisfied that the appellant had reasonable grounds of appeal, and that the appeal was not taken solely for delay, single interest on the damages and single costs only shall be required of him.

CHAPTER 192.

OF TAKING QUESTIONS OF LAW, IN CASES CIVIL AND CRIMINAL, TO THE SUPREME COURT.

SECTION

1. Act of general assembly to be declared constitutional in first instance, except in supreme court.

2. In case of judgment against party raising constitutional question, cause how and when to be certified to supreme court for deciding constitutional question.

3. Obligation of parties to follow cause, and right to be heard in question raised.

4. Of hearing question in supreme court, and proceedings in cause.

5. Obligation of parties to follow cause back, without notice.

6. Of recognizance to be given by party
raising constitutional question in a
criminal cause, and effect of refusal
to give.

7. Consequence of party raising question,
not appearing in supreme court.
8. Expenses of determining constitu-
tional question to be taxed in costs.
9. Right of appeal in case in which con-
stitutional question raised, saved, and
when and how to be exercised.

SECTION

10. Rulings of court of common pleas in matter of law, when and how to be reheard in supreme court.

11. Rulings of special court of common
pleas in matter of law, when and
how.

12. Bond to be given by defendant in
special court case, in case of question
of law taken to supreme court.
13. Bill of exceptions, how to be drawn,
and when to be presented for allow-

ance.

14. Of extension of time for presentation of exceptions.

15. Remedy in case judge refuses to allow bill of exceptions.

16. Bill of exception, when and where to be filed.

17. Of bond or recognizance to be given
by party taking question of law to
supreme court.

18. Power of supreme court to affirm or
reverse judgment below, in such case,
and of proceedings thereon.
19. Proceedings in case of neglect to enter
and file copy in supreme court.

SECTION 1. If in any cause or proceeding, civil or criminal, pending before any court or magistrate other than the supreme court, the constitutionality of any act of the general assembly shall be brought into question, it shall be the duty of such court or magistrate to rule said act to be constitutional, and to go on and try the cause as though such question had not been raised.

SEC. 2. If judgment be rendered in the cause against the party raising the constitutional question, the court or magistrate shall

forthwith certify the cause to the supreme court for their decision of the constitutional question, if in session; and if not in session, then to the session thereof next to be holden in any county of the state, by adjournment, or at a regular term.

SEC. 3. The parties to such cause shall be bound to follow the same to the supreme court without further notice; and shall there be heard by said court, on the constitutional question raised in such cause.

SEC. 4. The supreme court shall give precedence to such cause over all other business pending before them, and if practicable shall have the opinion of all the justices of said court on the question certified to them; and after deciding such constitutional question, shall send back said cause, with their decision, to the tribunal where it originated, and shall appoint a time, and if need be, a place where said tribunal shall assemble, to proceed in said cause; and at the appointed time and place, said tribunal shall meet and proceed to re-try said cause or to enter up judgment therein, pursuant to the certified decision of the supreme court.

SEC. 5. The parties in said cause shall be bound to follow the same from the supreme court to the tribunal where it originated, without further notice.

SEC. 6. The court or magistrate rendering judgment shall require of the party to a criminal cause or proceeding raising a constitutional question, a recognizance, and of such party to a civil cause or proceeding, a bond, in the sum of one hundred dollars, with sufficient surety, with condition that he will follow said cause to the supreme court, and thence to the tribunal where it origi nated, and appear before said tribunal at the time and place appointed by the supreme court, and abide or perform the final judgment or sentence of said tribunal in said cause; and upon the refusal or neglect of the party to give such recognizance or bond, shall proceed as if no such question had been raised.

SEC. 7. If the party raising such constitutional question shall not appear before the supreme court at the time and place to which the cause in which it shall be raised shall have been certified to said court, said cause shall be remanded to the tribunal where it originated, as in the fourth section of this chapter is provided, and said tribunal shall then proceed in said cause in the same manner as though such question had not been raised in said cause.

SEC. 8. All the expenses arising in the procuring of the decision of any constitutional question as aforesaid, shall enter into and make a part of the costs in the suit in which the question is raised.

SEC. 9. If the party against whom any court or magistrate shall render judgment in a cause in which a constitutional question shall be raised, have a right of appeal to any other tribunal, such right shall not be affected by the preceding provisions of this chapter, but may be exercised within the same time after the entering up of judgment in the cause, pursuant to the decision of the constitutional question by the supreme court, and in the same manner,

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