Ford v. Commonwealth

The thirteenth section of an act of 1796, prescribing the mode of taking appeals from judgments or decrees of the Circuit Courts, declares that — 44 The person ap44 pealing shall, by himself or a responsible person on 44 his behalf, in the office of the clerk of the court from 44 whence the appeal is prayed, give bond and sufficient 44 security, to be approved by the court, and within a 44 time to be fixed by the court, &c.”

In this case the order granting the appeal, neither prescribed any time for executing bond, nor designated or approved any person as surety. Nor is the bond, exhibited in…