#### Orr & Lockett Hardware Company, Appellee, v. Charles H. Pattison and Kate Pattison, Appellants.

Gen. No. 6,113.

(Not to be reported in full.)

Appeal from the Circuit Court of Lake county; the Hon. Charles H. Donnelly, Judge, presiding.

Heard in this court at the April term, 1915.

Affirmed.

Opinion filed October 20, 1915.

Statement of the Case.

Action by the Orr & Lockett Hardware Company, Plaintiff, against Charles H. Pattison and Kate Patti-son, defendants, in the Circuit Court of Lake county.

An appeal from the judgment'of the Circuit Court of Lake county, dismissing defendants’ appeal, which had been taken from the judgment of a justice of the *397peace, for defendants’ failure to comply with the order of the court requiring them to file a new appeal bond. From an order dismissing the appeal for failure to file a new bond, defendants appeal.

Abstract of the Decision.

1. Justices of the peace, § 192 * —when appeal not perfected for want of bond and transcript. Hurd’s Rev. St., ch. 79, art. X, sec. 1 (J. & A. ¶ 6976), providing that where an appeal is taken from the judgment of a justice of the peace or police magistrate the justice or magistrate shall return the appeal bond, with the other papers in the case and the transcript of his docket, to the clerk of the court to which the appeal is taken, clearly contemplates that the appeal bond shall, with the transcript and other papers in the case, be on file in the court to which the appeal is taken, and that the appeal shall not be fully completed until the bond and transcript are so filed.

2. Justices of the peace, § 174 * —power of Circuit Court to force compliance with statute regulating appeals. The Circuit Court has power to enforce a compliance with the requirements of the statute on appeals from justices of the peace.

3. Justices of the peace, § 194 * —when appeal properly dismissed for failure to file new bond. An order dismissing an appeal from a justice of the peace held proper where it appeared that the appeal bond originally filed with the justice was lost, and that appellant *398failed to comply with an order to file a new bond, such order being reasonable and proper and it being the duty of appellants to comply therewith.

*397Plaintiff recovered a judgment before the justice of the peace. Defendants appealed to the Circuit Court, and filed with the justice a sufficient appeal bond, which the justice accepted and approved, but the bond was lost, or mislaid by the justice, and he therefore failed to return the bond with the other papers and the transcript to the clerk of the Circuit Court as required by the statute.

R. F. Fowler, for appellants.

H. C. Coulson, for appellee.

*

See Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number.

Mr. Justice Niehaus

delivered the opinion of the court.