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Bail in Error.
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CLXXII. Upon any Judgment given or to be given in any of the said Superior Courts of Common Law in any Personal Action or Ejectment, Execution shall not be stayed or delayed by Proceedings in Error, or Supersedeas thereupon, without special Order of the Court or a Judge, unless the Person in whose Name such Proceedings in Error be brought shall, within Four clear Days after lodging the Memorandum alleging Error, or after the signing of the Judgment, whichever shall last happen, or before Execution executed, be bound with Two, or, by Leave of the Court or a Judge, more than Two sufficient Sureties, such as the Court wherein such Judgment is or shall be given, or a Judge, shall allow of, unto the Party for whom any such Judgment is or shall be given, by Recognizance, to be acknowledged in the same Court, in double the Sum adjudged to be recovered by the said Judgment, except in Case of a Penalty, and in case of a Penalty in double the Sum really due, and double the Costs, and in the Case of a Plaintiff in double the Costs adjudged to be paid to the Defendant, and also, except in case of Error brought by a Defendant in Ejectment, and in such Case in double the yearly Value of the Property adjudged to be recovered and double the Costs, to prosecute the Proceedings in Error with Effect, and also to satisfy and pay (if the said Judgment be affirmed, or the Proceedings in Error be discontinued by the Plaintiff therein,) all and singular the Sum or Sums of Money and Costs adjudged or to be adjudged upon the former Judgment, and all Costs and Damages and Interest to be awarded on such Writ of Error, or on any further Writ returnable into Parliament, for the delaying of Execution, and also the Mesne Rates of such Lands, if any be adjudged in any Action to be brought for the same, and give Notice thereof to the Defendant in Error or his Attorney.
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