9f  9.  This  Act  changed  the  mode  of  obtaining  judgment
Ibr  the  damages  assessed  by  the  magistrate  and  free*
holders,  and  authorised  the  magistrate  to  give  a  judgment
Ibrth  with,  if  the  damages  were  not  immediately  paid.  It
also  removed  the  objectionable  feature  of  the  old  law,  by
giving  the  right  of  appeal  to  either  party.  And  it  di-
rects that  when  the  case  is  carried  into  the  County  Court,
the  trial  shall  be  in  all  respects  de  novo  ;  the  parties  are
permitted  to  plead,  and  issues  are  to  be  made  up.  as  in
cases  of  actions  of  trespass.  This  provision  extends  to
injuries  of  both  Icinds.  In  either  case,  the  cause  in  the
appellate  Court,  becomes,  as  to  all  subsequent  proceed*
ings,  a  regular  suit.  The  proceedings  before  the  magis-
trate  and  the  freeholders,  then,  answer  no  other  purpose,
than  as  the  foundation  of  bringing  the  case  into  Court,
and  the  Court  could  take  no  notice  of  any  defect  in  the
certificate  of  the  magistrate,  and  the  freeholders,  because
it  is  superseded  by  the  appeal.  This  results  from  the
special  provisions  of  the  Act  of '31.  But  it  does  not  fol«
low,  that  the  party  considering  himself  aggrieved  by  the
judgment  of  the  magistrate,  cannot  have  a  revision  of
any  errors  in  the  proceedings  before  him.  Two  remedies
are  provided  him,  if  any  does  exist  in  the  proceedings
out  of  Court.  The  party  iqjured.  may  remove  his  case
into  the  Superior  Court,  by  a  writ  of  false  judgment;
where  tha  errors  complained  of  may  be  rectified ;  or,  if


DECEMBER  TERM.  IMT.
Kearney  «.  Jefteye.
