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Costs of appeal.
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37. Whenever it shall happen that any appeal in pursuance of this Act shall be dismissed, or that the judgment appealed against shall be affirmed, or that such appeal shall be abandoned, it shall be lawful for the court to which such appeal shall have been made or intended to have been made, and such court is hereby required, to adjudge and order that the party so having appealed, or having entered into such recognizance, shall pay to the respondent or person prosecuting such charge such sum by way of costs as shall in the opinion of such court be sufficient to indemnify such respondent or person from all costs and charges whatsoever to which such respondent or person may have been put in consequence of the intention or declared intention of such party to appeal; and if such party shall refuse or neglect to pay forthwith such sum, it shall be lawful for the said court to adjudge and order that the party so refusing or neglecting shall be committed to the common gaol or house of correction, there to remain until such sum be paid, or for any time not exceeding six calendar months, unless such sum be sooner paid; and in every case in which the judgment so appealed against shall be reversed, it shall be lawful for such court (if it shall think fit) to adjudge and order that the treasurer of the county, in and for which such justice or justices whose judgment shall have been so reversed shall have acted on the occasion when they shall have given such judgment, shall pay to such respondent or person, or to whomsoever they shall appoint, such sum as shall in the opinion of such court be sufficient to indemnify such respondent or person from all costs and charges whatsoever to which he or they may have been so put; and the said treasurer is hereby authorized to pay the same, which shall be allowed to him in his accounts.
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