The Idaho world. [volume] (Idaho City, Idaho Territory) 1864-1918, 1866-03-03


ars ro.s or GROUND npon which he intends to rely on
d the appeal i'd shall contain much Of the evidence as
Il may be necessary TO explain the particular
grounds specified and no more, and Shall serve copy
thereof upon the adverse party The respondent may,
within FIVE days thereaf er, prepare amendments to tho
statement and serve copy the appellant The state
ment and amendments. which may be served shall be
presented to the Judge who tried or heard the case upon
notice Of two days to the RESPONDENT. and true state
ment shall thereupon be settled by such Judge II no
amendments served the statements may be presented
to The Judge for settlement without any notice 10 the
respondent
Sec. 2ST. If the party shall omit make statement,
within the time above limited he shall br deemed to
have waived his right thereto. and when statement
made and the parties shall omit within the several times
above limited the one party to propose amendments the
o'her to notify appearance befTe tho Judge, they
shall respectively be deemed the former 10 have agreed
to the statement as prepared. and the latte to have
agreed TO the amendments pronosed but the Judge
who heard the SHALL notwithstanding such omis-
Slons OF implied agreement have powcT % cor Get any
msstatement Of facts Of his rulings which such state
Dlent may contain.
SEC 297. Ifhe appeal he from Judgment or order di
rectng the payment Of money it shall the
cntion of the judgment order nrless written under
taking be executed the part Of the appellant nv tso
OF more sufees stating Their rlces Of residence and &C
cupaton to the effect that they bound in double the
sum named IN the judgment order that ifthe udg.
ment or order appealed from. any re't thereof DO
affirmed the appellant shall pay the aeunt directed to
be paid by the Judgment order the of such
amount as to which the Judgment order shall be firm
ed if affirmed orlv in part and all damao and costs
appeal when the Judgment order ealcd from is
made PAYABLE in specified kind Of currency
the undertaking required by this Section 81 all he drawn
and make payable in the kind Of money or currency
specified in such Judgment.
SEC $50 All persons without exceptions Otherwise than
as specified in this Chapter may he witnesses in any
tiOn proceeding Facts which have heretofore caused
the exclusion of testimony still be shown for the
purpose Of affecting its credbility No person shall be
disqualified witness in any Rcton proc eling on
of his opinions on matds of religion eef or
by of his interest in the of The action or
proceeding party thereto otherwise but the par.
y or parties thereto. and the in whose behalf
snch action or proceeding be brought def uded
SHALL except hereinafter excepted BE- cm etent and
compelable to give evidence either VIVA yocF or bv de-
position. upon commission in the same manner and
subject to the rules Of examination any other
witness on behalf of himself either any ofthe par
ties. to the action or proceeding.
SEC. 351. No person shall be allowed to testify der
the provisions OF Section three hundred and Gfty where
the adverse party or the party for whose immediate hem
eht the action or proceeding is prosecuted dcnded
is the representative of deceased person when the fc
to be proved TRANSFERRED the death Of rch dece ed
person and nothing contained in said Section shall affect
the laws in relation to the atestation e instrument
required to be atesed shall anything confirmed in
said Section render person who ina criminal pro-
ceeding. is charged with the commission of publ: Of
feLse competent or compeabe to give evidence therein
for or against himself
SEC. 353 A husband may be witness for or against
his wife and wife may be- witness for against her
husband and whore nsb1nd and wife pa ties to an
action proceeding they either Of them may ex-
amineia witnesses in their behalf in behalf Of
parties thereto.
any other Witness hut this Section shl apply TO
cases Of divorce neither shall any husband or wife hs
competent or compel 'he to disclose any communication
made to him or her hy the other. during marriage
SEc. $50 Whena witness does not unersand ard spe
the English language, interpreter sha be sworn to
interpret for him ANY person. resident Of the rop r
County. may be summoned nv any Court Judge to ap-
pear before such Court Judge act in pJprete in
any action proceeding The summons shall be served
and returned in Ike manner subpoena Any PR
son summoned SHALL for failure to tend at ii time
md place named in the summons I've deemed gully If
contempt, and may he punished accord ngly.
STc. 35. No notion to obtana discovery under CATH
N aid Of the prosecution defense Of another acton
proceeding shall he allowed shall xamina ton
# party be had behalfof the adverse party except
n the manner provided by this and the foregoing Chap
er.
SFc. ST. is hereby repealed crl
Sec 37S fan adverse party refuses to attend and es
y at the trial give his deposition before trial or
lpon commission. when required his complaint or am
may be stricken ont and Judgment be taken against
lim and he may be- also in the discretion Of the Court
proceeded against as in other cases for q contempt
SRc 379 is hereby repealed.
FEC $50 is hereby repealed
SIC 3Siis hereby repealed
The lowing is an Amendment to Section 40S: tWhen
he debtor is in another County than that in which the
writ of arrest issued he may be arr in that
'ounty upon the written direction of Magistrate of
hat County. Endorsed upon the warrant signed by him,
With his Office and dated at the Comfy city
own where it is made. to the following effect: 'This
variant may be executed in the County of -, or a.
he case may be-" .t5 i-
SEC. 726 hereby repealed.
Sec 727 is hereby repealed.
Sec, 72S is hereby repealed. .te5.r
SIC. T29 is hereby repealed
SEC. $50 is hereby repealed. v'r3w
SEC. 73l is hereby repealed
SEC 1872 is hereby repealed. ii} ftt-Ji y
SIC. 733 is hereby repealed. .--~
That this ct take effect and be in force from and aar
he