
    *Jacob Holton v. Isaac Wade and wife.
    A recognizance taken under the act of March 14, 1831, defining the duties of justices of the peace in civil cases, is sufficient, if taken in the form prescribed in the 111th section of that act; although neither the recognizance nor the transcript shows which party took the aupeal.
    Error to the common pleas of Pike county.
    The court of common pleas dismissed the appeal from a justice’s judgment, on the ground that the transcript does not show which of the parties took the appeal. The language of the transcript in this particular is as follows:
    “ In the action of Nancy Sole against Jacob Holton, I, Daniel
    Parker, acknowledge myself bail for-, the appellant, in the
    sum of one hundred dollars, to be levied of my goods and chattels, lands and tenements, in case the appellant shall be condemned -in the action and shall fail to pay the' condemnation money and costs that have accrued, or may accrue, in the court of common pleas.
    (Signed), “ Daniel Parker.
    “ Taken, signed, and acknowledged, on this 7th day of February, in the year 1851, before me. John JBrumbey, J. P.”
    Nancy has since intermarried with Isaac Wade.
    
      W. S. Reed, for plaintiff in error.
   Ranney, J.

The form of recognizance adopted by the justice-in this case, is the one enacted by the legislature, and positively directed to be followed. It might have been made more perfect, by requiring the name of the party appealing to be inserted in the body of the recognizance; but the legislature has not seen fit to require it, and magistrates have not deemed it necessary to make the addition. To interfere, at this time, with this practice, would be productive of more mischief than could be balanced by any possible good likely to be accomplished.

The order of the common pleas, quashing the appeal, is reversed,, and the cause remanded for further proceedings.  