30 APPEALS. [ART. 5.

52. On the party signifying his intention to appeal, it shall be
the duty of the justice of the peace to enter the appeal, with the
date thereof, upon his docket, and to transmit the papers in the
cause to the clerk of the Circuit Court, or the clerk of the Court
of Common Pleas.

53. All appeals shall be docketed, and summons for the appel-
lee issued by the clerk of the Circuit Court, or Court of Common
Pleas," immediately upon the filing the papers in his office, and
no petition shall be necessary in any case.

54. If the summons shall be returned summoned, and the
papers shall have been filed ten days previous to the com-
mencement of the then next term of the court, the case shall
stand for trial at the first term; but if the papers are not filed
within that time, the case shall not stand for trial until the
second term.

55. If two summonses be returned "non est," or one summons
be returned "served," the court may hear and determine the
case ex parte.

56. No appeal from a judgment of a justice of the peace shall
stay execution unless an appeal bond, in double the sum recovered
with approved and sufficient security, be filed with the justice,
with condition that if the party appealing shall not prosecute his
appeal at the next Circuit Court for the county, or the next
term of the Court of Common Pleas with effect, and also pay
and satisfy the party in whose behalf the judgment of the justice
shall be given, his executors, administrators or assigns, in case
the said judgment shall be affirmed, as well the debt, damage and
cost, adjudged by the justice from whose judgment such appeal
shall be made, as also all costs and damages that shall be awarded
by the court before whom such appeal shall be heard, tried, and
determined, then the said bond to be and remain in full force and
virtue, otherwise to be of none effect.

57. When an appeal bond shall be filed with sufficient securi-
ties, the said appeal shall operate as a supersedeas to any execu-
tion on said judgment, notwithstanding a levy may have been
made; Provided,the said appeal shall betaken and the bond filed
within sixty days after judgment, and the party appellant first
pays or tenders payment to the officer making such levy all legal
fees which shall have accrued on said levy.