The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1865-03-17

An Act to Amend Chapter Fifty.nine of the Pub
lie Statutes, relating to Proceedings in JUS
tees Courts.
BE it enacted by the Legislature NJ ere State OF
SECTION /. Subdivision II of section of said
chapter is hereby amended SO as to read as fol-
lows:
XII. All questions of law raised by either ofthe
parties to any action or proceeding, and the or
der made by the court thereon, and any exception
taken to such order by any party, and all other
matters that may be material, and thejustice shall
be allowed ten cents each for the entry of every
such order.
Sec. 2. Section 1876 of said CHAPTER is hereby
amended by adding thereto the following:
The party appealing shall, within ten days
after the entry of the judgment or order
appealed from, serve notice upon the opposite
party or his agent or attorney, who appeared for
him on the trial, specifying the ground of the ap
peal, viz:
That the appeal is taken upon questions of law
That it is taken upon questions of fact alone,
or,
That it is taken upon questions of both law and
fact.
Said notice shall be served by delivering COPY
thereof to the person upon whom service is
made, or by leaving copy at the residence of
service thereof, shall be filed with the justice who
rendered the Judgment appealed from, within ten
days after such service is made.
Sec. 3. Section 40 of said chapter is hereby
amended SO as to read as follows:
Upon an appeal taken from judgment rem
dered by justice of the peace, where the appeal
as stated In the notice, is upon questions Of law
court, upon the return made by the Justice of the
peace.
Upon an appeal taken upon questions of fact
alone, the action shall be tried in the same man.
ner az actions originally commenced in the dis
trict court.
Upon an appeal taken upon Questions of both
law and fact the action shall be tried in the same
manner as it originally commenced in the district
court, provided. that no question of law shall be
tried or raised in the district court except those
tried or raised in the court below, and to which
an exception was taken to the order made thereon
the jurisdiction of the court, and that the com.
plant or answer does not state facts sumclent to
constitute cause of action or defense If taken as
true.
The appeal upon questions Of law, as herein
provided may be taken in any action without re-
ference to the amount in controversy, or the
amount of the Judgment and may be taken in all
actions, process or proceedings, civil or criminal
provided that no appeal shall be taken by the
state ia a crimi oal action or proceeding.
Sec. f. Section 146 Of said chapter is hereby
amenoed so as to read as follows:
All appeals allowed thirty days before tie first
day of the term of the district court next follow.
| ing such allowance, shall be determined at such
| term, unless continuedfo cause.
Sec. 5. Section $50 of said chapter is hereby
| amended 80 as to read as follows:
No appeal shall be allowed by any Justice of the
peace until the appellant shall pay ali costs that
| have accrued in the Justices court and two dol
lars for the Justices return to the district court
Sec 6. Sections 124, 125, 1885, 127, 12s, 129, 100,
13, 1872 and 49, and all acts and parts Of acts in.
Sec. 4. This act shall take eject and be in
force from and after the first Gay Of July, A. d.
| 1855.
Approved March 2, 1866.