and upon the same terms, as is or may be provided by law, in similar cases, in which no such question is raised. SEC. 10. Any person convicted of an offence in any criminal proceeding, commenced in, or brought by appeal before the court of common pleas, and either party to a civil suit, or suit in form civil, including suits for flowage caused by mill-dams, commenced in or brought by appeal before such court, upon which judgment shall be rendered, may, if there be no appeal from such conviction or judgment to the supreme court, and if such convict or party be aggrieved by any opinion, direction, ruling, or judgment of the court of common pleas on any matter of law raised by the pleadings, or by an agreed statement of facts, or apparent upon or brought upon the record by a bill of exceptions, shall be entitled to have such matter of law heard before, and decided by the supreme court, for the same county in which such conviction shall be had or judgment rendered. SEC. 11. Either party aggrieved by any opinion, direction, ruling, or judgment of a special court of common pleas in any matter of law raised by the pleadings, or by an agreed statement of. facts, or apparent upon or brought upon the record by a bill of exceptions, shall be entitled to have such matter heard before and decided by the supreme court in the same county, provided such right be claimed in open court, and bond to prosecute be filed, and motion for time to present to the justice trying the cause a bill of exceptions, if a bill of exceptions be necessary, made within three hours after the rendition of judgment in the action. SEC. 12. In case such right be claimed by a defendant to an action in such special court, he shall, in addition to the ordinary bond to prosecute, within three hours as aforesaid, give bond to the plaintiff with sufficient surety or sureties to the satisfaction of said justice, in such sum as the justice may order, that he will pay all rent or other moneys due or which may become due pending the action, and such damages and costs as may be awarded against him. SEC. 13. Every bill of exceptions shall be summarily drawn up in writing by the person or party aggrieved, or by his counsel, and shall be presented to the judge who shall have tried the cause, within five days of the time of conviction in a criminal proceeding, and of judgment in a civil cause, or cause in form civil, if the court shall so long continue in session, and if not, during the session of the court, unless, for cause shown, further time be given, and shall be allowed and signed by such judge. SEC. 14. Such judge may, in any civil cause, or cause in form civil, upon notice and for cause shown, extend the time for presenting such bill of exceptions for allowance, to any time within five days after the termination of the term at which judgment shall have been rendered. SEC. 15. In case the judge trying the cause or proceeding shall, for any reason, be unable to allow and sign a bill of exceptions, or shall refuse so to do, the matter of the same may be proved by affidavits, subject to counter affidavits, to the satisfaction of the supreme court, with the same effect as if such bill of exceptions had been allowed and signed by the judge. SEC. 16. All bills of exception shall be filed with the clerk below, during the term at which the cause shall have been tried, or, in case of special allowance of time, within five days of the time of the allowance, and signature thereof by the judge. SEC. 17. The person convicted or party aggrieved in matter of law by any opinion, decision, ruling, other than one concerning the constitutional validity of any act of the general assembly, brought in question in the causes or judgment as aforesaid, may and shall enter into recognizance, or give bond, and proceed in and enter the cause at the next term of the supreme court for the county, if a criminal proceeding, in the same manner, and subject to like liabilities as provided in case of criminal appeals from magistrates and justices of the peace to the court of common pleas; and if a civil cause, or cause in form civil, in the same manner, in all respects as provided in case of appeals from the court of common pleas to the supreme court. SEC. 18. In all such proceedings and causes, duly entered by the person convicted or the party aggrieved, in the supreme court, the court, in a civil cause, or cause in form civil, may affirm the former judgment with additional debt, penalty, or damages at the rate of six per cent. per annum, or may reverse the same in whole or part, or may, in a proceeding or cause, civil or criminal, after deciding all the questions of law raised therein, remit the same to the court of common pleas for trial or new trial, or may order a new trial to be had in the supreme court; and in such cases may enter such judgment, order, sentence or decree, and take such order therein as the court of common pleas ought to have done, and shall cause such other proceedings to be had in the cause, as to law and justice shall appertain. SEC. 19. In case of neglect duly to enter and file the copy in any such proceeding or cause, in the supreme court, like proceedings shall be had in all respects and with like effect, as provided in like cases against persons convicted, and parties who neglect duly to prosecute appeals, and the supreme court may and shall proceed in like manner to carry the conviction or judgment into full effect, with additional costs. SECTION charged, by application for new 8. Power of supreme court to grant new 9. Power of court of common pleas to grant trial or new trial. 10 and 11. Adverse party, when entitled to notice of application for. SECTION 12. Property attached and bail, when 13. Petitions for trial, new trial in what SECTION 1. In all cases in which actions originally commenced in the supreme court shall be answered, the plaintiff against whom a verdict has been rendered, shall, by filing a written motion with the clerk of the court in which such verdict is rendered, within forty-eight hours after the rendition of such verdict and payment of the entry fixed by law for the entry of appeals in the supreme court, be entitled, as of course, to a new trial in such action; and the defendant shall in such case be entitled to a like new trial, upon like motion, and upon payment to the clerk of the costs of the plaintiff in addition to the entry; such payment to be made, in either case, at the time of filing such written motion. SEC. 2. Whenever it shall be made to appear, to the satisfaction. of the supreme court, by any party or garnishee in a suit which shall have been tried or decided therein or which shall have been tried or decided in the court of common pleas, within one year previous to such application, that by reason of accident, mistake or any unforeseen cause, judgment has been rendered in such suit, on discontinuance, nonsuit, default, or report of referees, or that such party or garnishee had not a full, fair and impartial trial in such suit, and thereupon shall think it reasonable to grant a trial, or in case a trial has been had in such case, to grant a new trial therein, they shall have power to grant or to refuse to grant the same, upon such terms and conditions upon either party, as they shall prescribe. SEC. 3. The supreme court shall have like power to grant, or refuse to grant a new trial in any case in which there has been a trial by jury, for reasons for which new trials have been usually granted at common law. SEC. 4. If the application for such trial or new trial of a suit decided in the supreme court shall be made at the same term in which such suit shall have been tried or decided, the adverse party shall be holden to answer the same, without further notice thereof. SEC. 5. If such application shall be made at any other term of said court in a suit decided therein, or shall be made in a suit decided in the court of common pleas, notice thereof shall be given to the adverse party, in such manner as the court shall, by general rule or otherwise, direct, to appear at such time as the court shall appoint to answer the same. SEC. 6. Whenever a trial or a new trial shall be granted, the same shall be had before any court in any county, at such term thereof, and under such restrictions and conditions, as the supreme court may prescribe. SEC. 7. If the application for a new trial shall be made by the plaintiff, no goods or chattels or real estate attached, or bail given upon the original writ, shall be holden to respond to the judgment in such case, unless the application for a new trial be made at the term in which such cause shall have been decided, if in the supreme court; but if the same shall have been decided by the court of common pleas, the plaintiff shall file his petition for a trial, or a new trial, with the clerk of the supreme court for the same county, and notify the adverse party thereof within ten days after the rising of the court at which the same shall have been decided, or the bail or property aforesaid shall be discharged. SEC. 8. The supreme court shall and may exercise the same powers in granting a trial in all cases decided at a special court of common pleas, or before any justice of the peace, if no trial shall have been had therein, and may exercise the like powers in granting a trial in all cases decided by any probate court, wherein the party shall have neglected to prosecute his appeal according to law; and shall also have power in their discretion, on the petition of the accused, to grant trials or new trials upon indictments or other criminal prosecutions in which verdict or judgment shall have been rendered against such petitioner: Provided, application therefor shall be made within one year after such cause shall have been tried or decided. SEC. 9. Whenever it shall be made to appear to the satisfaction of the court of common pleas, by any party in any suit commenced in said court in which there is not by law a right of appeal, or in any suit brought into said court by appeal from a justices' court, and which shall have been tried and decided in said court of common pleas, within one year previous to such application, that by reason of any accident, mistake or unforeseen cause, judgment has been rendered in such suit on discontinuance, nonsuit, default or report of referees, or that such party had not a full, fair and impartial trial in such suit, and the court shall thereupon think it reasonable to grant a trial, or in case a trial has been had in such case to grant a new trial therein, they shall have power to grant or to refuse to grant the same, upon such terms and conditions upon either party, as the said court shall prescribe. SEC. 10. If the application for such trial or new trial shall be made at the same term in which such suit shall have been tried or decided, the adverse party shall be holden to answer the same, without further notice. SEC. 11. If such application shall be made at any other term of said court, notice thereof shall be given to the adverse party in such manner as shall be directed by general rule, or otherwise in such manner as the court may direct. SEC. 12. If the application for a new trial shall be made by the plaintiff, no goods or chattels attached or bail given upon the origi nal writ, shall be holden to respond to the judgment in such case, unless the application for a new trial be made at the term of said court in which such cause shall have been decided. SEC. 13. All petitions for a trial or new trial shall be filed, heard and tried only in the county in which the original suit or prosecution was commenced or tried. SEC. 14. If any party shall obtain a trial or new trial in any cause by order of the supreme court or court of common pleas, and shall neglect to enter such action for trial on the first or second day of the court at which such trial was to be had by such order, or at the time which such order shall prescribe, or shall not otherwise comply with the terms of such order, the adverse party may enter his complaint, and the said court shall thereupon affirm the last judgment rendered in said cause, with interest, if damages or debt were therein recovered, and additional costs. TITLE XXVIII. Of Executions and Service of Executions, of Proceedings by and against Bail, of Imprisonment of Debtors, and the relief of Poor Debtors and Insolvents. CHAPTER 194. Of executions. CHAPTER 195. Of the service of executions. CHAPTER 196. Of proceedings by and against bail. CHAPTER 197. Of imprisonment of debtors, and of jail limits and jail |