JOSEPH KENT , ESQUIRE, GOVERNOR

1826

or insuffiicieney of the party appellant! or party suing out such
writ of error; and suet sureties shall, ia like manner, be an-
swerable For, and liable, to pay all fees which may accrue in
tfee court of appeals, against the party appellant, or party suing
out such writ of error.

CHAP. 200

10, And be it enacted, That all appeals made, and writs oi
error sued out in manner aforesaid, shall be admitted and allow-
ed by the court of appeals, and all necessary proceedings be
permitted to be had thereon; and the court of appeals shall
make such regulations as may be right and proper, for hearing
and determining the same; and shall upon the transcript so
transmitted on any appeal or writ of error as aforesaid, and the
proceedings thereon, give judgment, or award a writ of proce-
dendo for a rehearing of the case, as shall appear to be just.

Appeals, &c to be
admitted in the

court of appeals

How to be irregula-
ted

11. And be it enacted. That any judgment confessed before
two justices of the peace, for staying execution on any judg-
ment or decree rendered in any county court may be appealed
from, or a writ of error thereon may be brought in like man-
ner, and there shall be the same proceedings in order to stay
execution thereon, as by this act is prescribed and directed re-
lative to judgments rendered In the county courts; and the bond
entered into on making the appeal, or suing out the writ of er-
ror, and the sureties therein, shall be approved by the clerk of
the county court to which any such confession' of judgment may

Judgments con-
tested by way of
supersedas may
be appealed from

te returned, or by the chancellor, as herein before mentioned.
12. And be it enacted, That a copy of any bond entered in-
to in pursuance of this act, for prosecuting any appeal, or suing
out aay writ of error, certified under the seal of the court in
which such bond shall be filed, shall be good evidence to prove
the execution of such bond in any court of Jaw or equity in
this state; and it shall not be necessary to produce the original
bond in court in any actioa thereon, unless the obligors therein,
or any of them, shall deny the execution of such bond, and
verify the sam'e by affidavit

Copy of any ap-

peal bond to be

evidence, &c

13. And be it enacted, That from and after the passage of
this act, no writ of error or appeal shall be prosecuted upon any
judgment, which has been or shall be rendered in any county
court, after three years shall have elapsed from the time of the
rendition of such judgment, except writs of error coram vobis,
in cases where judgments have been or shall be entered by mis-
take.

Limitation as so
appeals or writs
of error to com-
mon law courts

14. And be it enacted, That from and after the passage of
this act, all appeals from the decisions, orders and decrees, of
the court of chancery, or of any county court sitting as a court
of equity, in cases where appeals properly lie, shall be made
and entered in the said court or courts, within nine months
from the time of makings such decisions, orders and decrees
and not afterwards, unless it shall be alleged on oath, or affirma-
tion, that suck order or decree was obtained by fraud or through
mistake.

The like as to
apeals from

courts of equity

15, And be it enacted, That the court of chancery, the
county courts, and the judges thereof in vacation, shall have
full power and authority to examine into, and determine on,
the sufficiency of the sureties to any bond to be filed in the of-

22

New sureties in

bonds may be re-
quired, &c