When same judgment or de by appellate court. the papers and pleadings and supplying copies thereof, and in all other respects, in view of a division of the case for the purpose of appeal, as may be deemed right and proper. SEC. 5. When the appellate court shall render, substancree is rendered tially, the same judgment or decree which was rendered in the court below, damages shall, or may be, awarded as follows: In all cases where the judgment or decree was, for the payment of money, either personally or otherwise, the appellant shall be adjudged to pay to the appellee or party delayed of payment by the appeal, damages at the rate of five per cent. on the amount of the payment adjudged or decreed in the court below, unless the appellate court shall be satisfied that there was reasonable and proper ground for the appeal; and in any such case, where the court shall be satisfied that the appeal was vexatious, and for the purpose of delay merely, the damages adjudged shall be at the rate of ten per cent.; in all other cases, including those where the judgment or decree is for nominal damages and costs, or costs only, unless the appellate court shall be satisfied that there was reasonable and probable ground for the appeal, there shall be adjudged to the appellee, or party affected by the appeal, damages in such specific sum as may be deemed reasonable, not exceeding two hundred dollars. In case notice of appeal is entered. party on real final determina SEC. 6. In case notice of appeal is entered as aforesaid, the court may,on motion of the party entering such notice, on laying him under such reasonable restrictions and terms as they may judge necessary for the security of the adverse party, direct execution to be stayed for thirty days; Provided, that in no case shall administrators or executors and guardians, who may have given bond in this State, with sureties, according to law, be compelled to give bond and security, in order to perfect an appeal, as is above provided; and in such cases, the clerk, if not otherwise directed, shall, at the expiration of thirty days from the rising of the court, make out a transcript, which, together with the papers and pleadings filed in the cause, he shall transmit to the clerk of the district court, according to the provisions of this act, in other cases of appeal. Lien of opposite SEC. 7. That in all cases where the party against whom a estate not to be judgment is rendered, appeals his cause to the district court, the removed until lien of the opposite party on the real estate of said appellant, tion of cause. created by said judgment, shall not be by said appeal removed or vacated; but the real estate of said appellant shall be bound in the same manner as if said appeal had not been taken, until the final determination of the cause in the district court. When appellant shall pay cost of suit. SEC. 8. That if the plaintiff appealing, shall not recover a greater sum in the district court, than in the court from which said appeal is taken, exclusive of costs and interest which may have accrued since the rendition of the judgment in the said court, he shall pay all costs that may have accrued in the district court in such case; and if the defendant, in any personal action, shall remove the same by appeal to the district court, and the plaintiff shall recover, in such cause, a judgment for the same sum, or a larger sum than was recovered in the court below, exclusive of costs, the district court shall render judgment for the sum so recovered, with costs of suit. rendered in low clerk to make &c. SEC. 9. That when appeal shall be granted, and bond and When judgment security given thereon as aforesaid, the judgment or decree er court shall rendered in such case, in the court below, shall thereby be suspended, be suspended; and the clerk of such court shall forthwith make out transcript, out an authenticated transcript of the docket or journal entries, and of the final judgment or decree made and rendered in the case; which transcript, together with the original papers and pleadings filed in the cause, he shall deliver into the office of the clerk of the district court, on or before the first day of the term thereof, next after perfecting the appeal in manner aforesaid; Provided, that either party may require a full record to be made of such cause, in the court below; and the same, when so required, shall be made at his own proper costs and charges. Clerks, prior to SEC. 10. That the clerk of the district court shall, prior to Duty of District the filing with him of the transcripts, as herein before provided, filing transon the application of either party to an appeal, issue subpoenas cripts for an ap for witnesses, returnable to the first day of the next term of said court, on satisfactory proof being made before him that such appeal has been taken. removed by ap ed. SEC. 11. That when any cause is removed by appeal into when a cause is the district court, the appeal shall be tried on the pleadings peal to District made up in the court below, unless for good cause shown, the Court, how trisaid court shall permit either or both parties to alter their pleadings; in which case, such court shall lay the parties under such equitable rules and restrictions as they may conceive necessary, to prevent delay. suit, right of ap. SEC. 12. That in all cases where a nonsuit may be direct- In case of noned by the court, by reason of irrelevancy of testimony, or by peal. reason that the testimony adduced does not support the case set forth in the declaration; and, also, whenever the testimony shall be arrested from the jury, by reason of which the plaintiff becomes nonsuit, the plaintiff shall have the same right to appeal as in other cases. JAMES C. JOHNSON, President of the Senate. March 23, 1852. AN ACT To repeal the act entitled an act to amend the act entitled an act, establishing a Superior Court in the city of Cincinnati, passed March 8th, 1845, and to provide for the time of holding said Court, and the return of process thereto. SEC. 1. Be it enacted by the General Assembly of the State of Ohio, That there shall be a term of the Superior Court of Cincinnati, commencing on the first Monday of April next, and a term of said court commencing on the first Monday of July next; Provided, said July term shall not continue beyond the nineteenth day of said month; and all process issued out of said court, returnable to the next June term, and all notifications to appear at said term, shall be considered as if originally made to the April term herein provided. The act to amend the act entitled an act to amend the act establishing a Superior Court in the city of Cincinnati, passed March eighth, one thousand eight hundred and forty-five, is hereby repealed. JAMES C. JOHNSON, Speaker of the House of Representatives. President of the Senate. February 26, 1852. Special terms of Clerk and Sheriff to draw. Grand and Petit notified of special term. AN ACT Authorizing special sessions of the Court of Common Pleas. SEC. 1. Be it enacted by the General Assembly of the State of Ohio, That any Judge of the Court of Common Pleas may hold a special term of said court, in any county within his district, at such time as he may prescribe, whenever in his opinion the same may be necessary. SEC. 2. Whenever any Judge of the Court of Common Pleas shall notify the clerk and sheriff of any county in his Juries, when district, of the time of holding a special term of said Court, it shall be their duty, immediately to proceed to draw, according to law, a grand and petit jury for said special term; and the clerk shall immediately give notice, by publication in some newspaper printed in said county, and if none shall be printed therein, then in some newspaper having general circulation therein, and also by notice posted up in his office, of the time of holding said special term; which said notice shall be given for at least ten days prior to the day named for the commencement of such special term. when Juries are SEC. 3. Immediately after said juries are drawn, the clerk Clerk, duty of, shall forthwith issue a venire facias to the sheriff, commanding drawn. him to summon the persons whose names were drawn as said jurors, to attend at the seat of justice of said county, on the first day of the special term prescribed by the Judge, at ten o'clock, A. M., and the sheriff shall proceed immediately to summon the same according to law. may be transac SEC. 4. No business shall be transacted at such special What business term, excepting criminal business, appeals from county com- ted at such spe missioners in relation to roads and highways, and the hearing cial term. and deciding upon applications for, and objections and remon strances against ferry licenses. at SEC. 5. Recognizances of bail, witnesses, subpoenas and other what process process in criminal cases, may be made returnable to said spe- returnable cial term, in the same manner as they are made returnable to any regular term of said court. SEC. 6. The business enumerated in the fourth section of this act, when continued at any regular term of the court, may be acted upon at such special term; and if continued at any special term, may be acted upon at the next regular term of such court; but all other business of said court shall be unaffected by the holding of such special term. SEC. 7. The provisions of this act shall not be applicable in Provisions of any counties of this State, wherein special Criminal Courts this act, where have or may be established. JAMES C. JOHNSON, President of the Senate. applicable. March 2, 1852. AN ACT Directing the mode of trials in examining courts, by whom such courts shall be held, and the manner of admitting to bail in criminal cases. court to be held notice of the SEC. 1. Be it enacted by the General Assembly of the State Examining of Ohio, That when any person shall have been committed to by Probate jail charged with the commission of any crime or offence, and Judge. wishes to be discharged from such imprisonment, the sheriff or sheriff to give jailor shall forthwith give to the probate judge, clerk and pro- time of holding secuting attorney, of the proper county, at least three days such court. notice of the time of holding an examining court, whose duty it shall be to attend according to such notice, at the court house; and said judge, having heard the testimony, shall, at his discretion, discharge the accused, admit him or her to bail, or remand Court may recognize prison to prison; and said probate judge shall have power to adjourn from day to day, during such examination, or for such longer period as he shall deem necessary for the furtherance of justice, on good cause shown by the State or the accused. SEC. 2. If said court shall adjudge said prisoner ought to be er and witness held to bail, it shall recognize him or her in such sum and with such security as he shall deem sufficient, conditioned for the appearance of such person at the next term of the court of common pleas, in said county, or to such court as shall have jurisdiction in the trial of such cause; and in case such prisoner fails to give security, he or she shall be remanded to jail; and in all cases where the prisoner is remanded or held to bail, the court shall recognize the witness or witnesses on the part of the State, to appear at the next court of common pleas, to be holden in and for the county where such prisoner is to be tried, or in such court as shall have jurisdiction in the trial of such Prisoner failing to give security, duty of the court. In case prisoner is recognized. What proceedings may be had charged with cause. SEC. 3. The examining court, if the prisoner fails to give security, shall order the clerk to enter on the journal of the court of common pleas, in what sum and with what securities he or she may be recognized; and at any time thereafter, upon the prisoner's giving such security as required by the examining court, any judge of the supreme court, court of common pleas, or the probate judge of the proper county, may dis charge him or her. SEC. 4. In all cases where a single judge or examining court may recognize a prisoner under the provisions of this act, he shall forthwith deposit with the clerk of the court of common pleas, in said county, the recognizance so taken, also a warrant directed to the jailor, requiring him to discharge the prisoner. SEC. 5. When any person charged with the commission of relative to per. any bailable offence, shall be confined in jail, whether commitsons in jail ted by warrant under the hand and seal of any judge or justice bailable offences of the peace, or by the sheriff or coroner, under any capias, upon indictment found, it shall be lawful for any judge of the supreme court, judge of the common pleas within his district, or probate judge within his county, to admit such person to bail, by recognizing such person in such sum, and with such securities, as to such judge shall seem proper, conditioned for his or her appearance before the proper court, to answer the offence wherewith he or she may be charged; and for taking such bail, the said judge may, by his special warrant, under his hand and seal, require the sheriff or jailor, to bring such accused before him at the court house of the proper county, at such time as in such warrant the judge may direct; Provided, that in fixing the amount of bail, the judge admitting to the same, shall be governed in the amount and quality of bail required, by the directions of the court of common pleas, in all |