Page:Hardin's Reports of Kentucky Court of Appeals, 1805-1808.djvu/22

xx under my hand this ——— day of ———. Which certificate shall have the same effect as if a regular supersedeas had issued.

WRITS OF ERROR. 6. Writs of error shall be directed to the clerk or keeper of the records in which the judgment or decree complained of is entered, commanding him to certify a transcript of the said record to this court.

7. When a plaintiff in error shall file a record duly certified to be full and complete, before a writ of error issues it shall not be necessary to send such writ to the clerk of the inferior court; but the writ shall be made out and filed by the clerk of this court, with the said record; which record shall be taken and considered as a due return to the said writ.

PROCESS ON WRITS OF ERROR.

8. The process on writs of error, shall be a subpoena, directed to the sergeant, or to the sheriff of the proper county, (or in case the sheriff be interested in the suit, to the coroner) commanding him to summon the defendant in error to appear in court, to show cause, if any he can, why the judgment or decree mentioned in the said writ of error should not be reversed.

9. If the subpoena be not returned executed, an alias, pluries, &c. may issue at any time, on the application of the party, without a special order of court therefor.

10. Where it shall appear to the court, by satisfactory proof, that a defendant is not an inhabitant of this state, there shall be a day fixed for his appearance, and an order to advertise; which order shall be published once a week for three weeks successively, in some one of the newspapers published in Frankfort; the last of which publications shall be four weeks, at least, preceding the appearance day. After publication, as aforesaid, and an affidavit thereof filed with the clerk, the cause shall stand for hearing in the same manner as if a subpoena against such defendant had been returned executed. 11. A fee of one dollar shall be allowed for every publication, which shall be taxed and recovered by the plaintiff, if successful, as other costs are.

APPEALS.

12. The clerk shall receive and docket the record of any appeal, within the period the court has, by law, a discretion to receive it: provided, however, the court may, on motion, dismiss the appeal, at any time during the term next succeeding, for such reasons as would be sufficient to prevent the court from receiving it.