and dollars costs of this proceeding, and that execu- 



tion do issue against the goods and chattels of said defend- 

 ant for the amount of said penalty and costs, and for want 

 of sufficient goods and chattels whereon to levy and make 

 the same, to take the body of the defendant and convey 

 him to the common jail of the county and 

 deliver him to the keeper thereof, to be 

 there confined until the said penalty and costs be fully paid, 

 or until he be thence delivered by due course of law." Said 

 judgment shall be signed by the judge of the district court, 

 justice of the peace, police justice or recorder giving the 

 same. (P. L. 1906, p. 226.) 



51. If either the prosecutor or the defendant or defendants 

 be dissatisfied with any judgment given under 

 the provision of the thirteenth section of this Appeal to court 

 act, (50) the dissatisfied party may appeal of common pleas> 

 to the Court of Common Pleas of the county 

 in which the judgment appealed from shall have been ren- 

 dered, which appeal shall be taken by filing with the court, 

 justice of the peace or recorder who gave the judgment, a 

 notice of such appeal, signed by the appealing party, or 

 his, her or their agent; provided, however, . 



that no appeal shall be allowed to or taken 

 by any defendant from any judgment against such defend- 

 ant unless, with said notice of appeal, such defendant shall 

 also file a bond, with at least one sufficient 

 surety to be approved by the court, justice 

 of the peace or recorder who shall have given the judg- 

 ment, in double the amount of the judgment, and condi- 

 tioned that the appellant or appellants shall appear and 

 prosecute the appeal in said court of common pleas, shall 

 stand to and abide the judgment of said court of common 

 pleas, and shall pay such costs as shall be taxed against the 

 appellant or appellants, if the judgment appealed from be 

 affirmed. The court, justice of the peace or 

 recorder who shall have given the judg- t o court" 11 ' 

 ment appealed from shall send a transcript 

 of the proceedings and judgment and said notice of appeal, 

 together with any bond that may have been filed under the 

 provisions of this section above contained, to the clerk of 

 the court of common pleas to which the appeal is taken 

 on or before the first day of the term of said court next 

 ensuing such appeal. In any case of appeal by a defendant 

 after execution shall have been issued, the court of com- 



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