SECTION 7.8   APPEAL FROM JUDGMENT OF MUNICIPAL COURT.
   If any person is sentenced to imprisonment, or any person or corporation is assessed with a fine of ten dollars or more, such person or corporation shall be allowed an appeal from said judgment of the Municipal Judge to the Court having jurisdiction over appeals from Justices of the Peace Courts, upon the execution of an appeal bond, with surety deemed sufficient by the Municipal Judge, conditioned that the appellant will appear before the Appellate Court on the first day of the next term thereof to answer to the offense with which he is charged and to perform and satisfy any judgment which may be entered against him by the Appellate Court on such appeal.  In no case shall a fine of less than ten dollars be assessed by the Municipal Judge if the defendant, his agent or attorney object thereto.  When the judgment on appeal is against the appellant for any sum of money, judgment shall be rendered by the Appellate Court against the appellant and those who signed the appeal bond as surety thereon.  Before said Municipal Judge shall accept any natural person as surety upon any bond or recognizance, under the provisions of this section, such surety shall furnish a certified statement of the Clerk of the County Court of any county in this State, in which such surety owns real estate and shall also file an affidavit, the form of which may be prescribed by the Municipal Judge, showing the bonds and recognizances upon which he is then surety and the amount of each bond or recognizance.  If the amount of such bond or recognizances, together with other bonds and recognizances as shown by the affidavit aforesaid exceeds in amount the assessed value of the surety's property, as shown by the certificate of the Clerk of the County Court, or if any such bond or recognizances theretofore given by such surety be forfeited and unsatisfied, then such surety shall be disqualified; and if any bond or recognizance be accepted and it subsequently appears that the surety thereon is disqualified, then such bond shall be declared void by the Municipal Judge, and the person whose appearance in the Appellate Court and whose payment of fine and costs are thereby secured, may be forthwith apprehended and committed to jail until a proper bond or recognizance is given; provided, however, that whenever any surety is offered less than one hour before the County Clerk's office is closed, such surety shall make an affidavit that he owns real estate in Kanawha County to an assessed value above encumbrance thereon, of at least double the amount of bond required.  Any person making, or procuring to be made, a false statement in any such affidavit, with intent to deceive said Municipal Judge shall be guilty of perjury.  If an appeal be taken, the warrant of arrest, the transcript of the judgment, the appeal bond and other papers of the case shall be forthwith delivered by the Municipal Judge to the Clerk of the Appellate Court which shall proceed to try the case in accordance with law.