Chap. 0534 An Act relative to appears to the superior court in certain civil cases.

Be it enacted, etc., as follows:

Section 1. Section ninety-seven of chapter one hundred and seventy-three of the Revised Laws, as amended by chapter four hundred and fifty-one of the acts of the year nineteen hundred and six, is hereby further amended by inserting after the word " judgment in the sixth line, the words: - rendered in accordance with the provisions of section three of chapter one hundred and eighty-one and in any other case within six days after the entry of the judgment, - so as to read as follows: - Section 97. A party who is aggrieved by the judgment of a police, district or municipal court or trial justice in a civil action, except
a judgment rendered in accordance with the provisions of section forty-two of chapter one hundred and sixty, may, within twenty-four hours after the entry of the judgment rendered in accordance with the provisions of section three of chapter one hundred and eighty-one, and in any other case within six days after the entry of the judgment, appeal therefrom to the superior court. In such case, no execution shall issue on the judgment appealed from. The case shall he entered in the superior court for the same county at the return day next after the appeal has been taken and shall be there tried and determined as if it had been originally commenced there. In an action founded upon a liability which is joint, if some but not all of the defendants appeal, the case shall nevertheless be transferred as against all, and such judgment shall be entered in the superior court as justice may require; but a co-defendant who has not joined in the appeal shall not be liable for costs arising after the appeal was taken.
Section 2. Section ninety-eight of said chapter one hundred and seventy-three is hereby amended by striking out the words " twenty-four hours ", in the seventh line, and inserting in place thereof the words: - six days, - so as to read as follows: - Section OS. ISTo appeal, other than an appeal by a county, city, town or other municipal corporation, from a judgment of a police, district or municipal court in any civil action or proceeding, except an action of summary process under the provisions of chapter one hundred and eighty-one, shall be allowed, except as provided in sections one hundred and one hundred and one, unless the appellant, within six days after the entry of judgment, or within such further time as the justice or clerk for cause shown may allow, files a bond executed by him or by his attorney of record on his behalf, payable to the appellee in such reasonable sum and with such surety or sureties as may be approved by the appellee or by the justice or clerk, conditioned to enter and prosecute his appeal with effect, and to satisfy any judgment for costs which may be entered against him in the superior court upon said appeal Avithin thirty days after the entry thereof.
Sectiox 3. Section ninety-nine of said chapter one hundred and seventy-three is hereby amended by striking out the words " twenty-four hours in the sixth line, and inserting in place thereof the words : - six days, - so as to
read as follows: - Section 00. No appeal other than an appeal by a county, city, town or other municipal corporation, from a judgment of a trial justice in any civil action or proceeding, except an action of summary process under the provisions of chapter one hundred and eighty-one, shall be allowed, except as provided in the two following sections, unless the appellant, within six days after the entry of judgment, or within such further time as the trial justice for cause shown may allow, recognizes to the appellee with sufficient surety or sureties, who shall be approved by the appellee or by the jn-stice, in a reasonable sum to be fixed by the justice or approved by the appellee, conditioned to enter and prosecute his appeal with effect, and to satisfy any judgment for costs which may be entered against him in the superior court upon said appeal within thirty days after the entry thereof. In determining the sufficiency of the sureties upon such recognizance, the justice may examine upon oath the persons who are offered as sureties and all other witnesses who are produced by either party.
Approved May IS, 1010.