PUBLIC GENERAL LAW.

2695

Page

before him, or any other justice of the county at a certain place to

be appointed, to answer such warrant — 1791, ch. 68, sec. 2, .

277

Such defendant if the justice shall award it necessary shall give se-

curity in the nature of bail, for his appearance at the said time and

place, and for paying the judgment thereon or surrendering his

person to prison in satisfaction thereof, and the justice on default of

such security may commit the defendant to the constable to be de-

livered over to the sheriff— 1791, ch. 68, sec. 2, .

278

If the defendant does not appear at the time and place appointed, judg-

ment may be rendered against him on such default or on an ex

parte hearing — 1791, ch. 68, sec. 2, ......

278

If after judgment against the principal debtor, he does not pay the same,

or render himself on execution (returnable in forty days from the

issuing) a warrant may be issued and recovery and execution had

against the bail as against the principal debtor — 1791, ch. 68, sec. 2,

278

Such hail entitled to the same defence as in courts and to the liberty

of delivering up the debtor on return of the warrant, by paying the

costs thereof— 1791, ch. 68, sec. 2, ......

277

The constable shall give notice to the plaintiff or his agent if in the

same hundred, of the time and place where he intends to carry the

defendant before a justice — 1791, ch. 68, sec. 3, .

278

If neither attend at that time or at a future time appointed, the justice

may hear and determine the matter ex parte — 1791, ch. 68, sec. 3,

278

Where the debt, &c. exceeds 20s. or 100 lbs. of tobacco, either party

may appeal from the judgment to the next county court, who

may, on the petition of the appellant, in a summary way hear the

allegations and proofs and determine according to the law of the

land, and the equity and right of the matter — 1791, ch. 68, sec. 4,*

279

Such determination to be made the first court, unless it shall appear

that further time ought to be given — 1791, ch. 68, sec. 4,

279

Either party may demand a trial by jury, or leave the matter to be de-

termined by the court — 1791, ch. 68, sec. 4, .

279

The courts to proceed to hear appeals from the decision of a justice

where the appellee shall not appear on two summonses, or one at-

tachment being returned non est — 1818, ch. 166,

694

Appeals from magistrates' judgments to be made within sixty days —

1829, ch. 236, sec. 1, p. 996; 1831, ch. 290, .

1045

In case of appeals from the judgments of magistrates, the judges of the

county court to decide according to the right of the cause and the

law of the land, without regarding any defect in the proceedings

before the magistrate — 1823, ch. 172, ......

797

No execution shall be stayed on such appeal, unless the person or

some one on his behalf, shall enter into bond with sufficient secu-

rities, to be approved by the justices giving the judgment, in double

the sum recovered, with condition in the form prescribed by this

act— 1791, ch. 68, sec 5, .

279

* Appeals by 1829, ch. 236, and 1831, ch. 290, to be made within sixty

days.