22 APPEALS, [ART. 5.

entry of such appeal certify and state the questions in and decided
by such court; and no question which shall not appear by such
certificate to have been raised in said court shall be considered
by the Court of Appeals.

14. The Court of Appeals shall have, on reversing any judg-
ment or part of a judgment at law, power to give such judgment
as ought to have been given by the court below, and may, in all
cases, enforce their judgment by execution.

15. If an appeal shall be taken, or writ of error sued out for
several exceptions, the Court of Appeals shall give judgment on
every exception, if a procedendo is to be issued in the case.

16. In all cases where judgments shall be reversed or affirmed
by the Court of Appeals, and it shall appear to the court that a
new trial ought to be had, a writ of procedendo shall issue
to the court from which the appeal was taken, commanding said
court to try said cause again as if it never had been tried; and
there shall be sent with the procedendo a transcript of the
record, and the said case shall stand for trial at the first term
after the receipt of the procedendo; Provided, thirty days' notice
of trial be given to the opposite party.

17. When, on the reversal of a judgment, a writ of procedendo
shall be awarded, the Court of Appeals, upon suggestion in
writing by either of the parties, supported by affidavits or
other proper evidence that a fair and impartial trial cannot be
had in the court where the judgment so reversed shall have
been rendered, shall direct their clerk to transmit a copy of the
record to the clerk of the court of some other county or city,
with a writ of procedendo to such court, directing them to pro-
ceed in such action, and to a new trial thereof, in the same man-
ner as if no trial had taken place, and as if such action had been
originally instituted in such court.

18. If an appeal or writ of error be dismissed when taken on
any order of the court antecedent to final judgment, and no final
judgment shall have been rendered, it shall be the duty of the
said court, on application of any of the parties, to order con-
tinuances in said case to be entered, and the same to be proceeded
with in the same manner and with the same effect as if no such
appeal or writ of error had been taken or sued out, and either
party may make such suggestion and new parties as could have