Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1891-03-20
the supreme court by appeal, as provided

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as the appellant n the adverse party as
the respondent; but the title of the action
is not to be changed in consequence of the
appeal.
SEC.9. TINE o APPEALs.] The ap-
peal from a judgment hereafter rendered
try thereof, and from an order within six
ty days after written notice of the same
shall have been given to the party appeal
ing.
SEC. 4. APPEALS, HOW TAKEN.] An ap-
peal must be taken by serving a notice in
writing, signed by the appellant or his at.
torney, on the adverse party, and on the
clerk OF the court in which the judgment
or order appealed from is entered, stating
the appeal from the same. and whether
the appeal is from the whole or a part
thereof, and if from a part only, specifying
the part appealed from. The appeal shall
be deemed taken by the service of a notice
of the appeal, and perfected on service of
the undertaking for costs, or the deposit of
money instead, or the waiver thereof, as
hereinafter prescribed. When the service
of a notice of appeal and undertaking can
not III any case be made within this state,
the court may prescribe a mode for serving
the same.
SEC. 5. TRANSMISSION OF PAPERS BY
CLERK.l Upon all appeal being perfected,
the clerk of the court from which
the appeal is taken shall, at the expense OF
the appellant, forthwith transmit to the
supreme court, if the appeal is from a
is from an order he shall transmit the
order appealed from and the original
papers used by each party on the applica.
ton for the order appealed from. The
court may, however, i'll case Of either judg-
ment or order, direct copies to be sent in
lieu of the originals. The clerk shall also,
in all cases, transmit to the supreme court
the original notice of appeal and undertake
ing given thereon, and he shall annex to
the papers so transmitted a certificate,
under his hand and the seal of the court
from which the appeal is taken, certifying
that they are the original papers or copies,
as the case may be, and that they are rams.
mit:ed to the supreme court pursuant to
such appeal. No further certificate or
attestation shall be necessary; Provided,
That if the appellant do not, within thirty
days after his appeal is perfected, cause a
proper record i'll the case to be transmitted
to the supreme court, by the clerk of the
district court, the respondent may cause
such record to be transmitted by the clerk
Of the district court to the clerk of the
supreme court, and in such case the
respondent may recover the expense there
OF as costs on such appeal, in case the
judgment OF order appealed from be in
whole or in part affirmed.
SEC. 6. DEPOSIT IN PLACE OF UNDER
TAK1NG-RESPONDENT MAY WAIVE in
DERrAK1NG.] When the appellant is re-
quired, under any provision of this act,
to give an undertaking, he may in lieu
thereof deposit with the clerk of court in
which the judgmentor order appealed from
is entered, who shall give him a receipt
therefor, a sun of money equal the amount
for which such undertaking is required to
be given, and in lieu of the service of such
undertaking serve q notice Of the making
of such deposit. Such deposit and notice
shall have the same effect as the service of
the required undertaking, ana be held to
answer the event OF the appeal upon the
terms prescribed for the undertaking, in
lieu of which the same is deposited. Any
such undertaking n deposit may be
waived IN writing by the respondent for
whose benefit the anne is required to be
made, and such waiver shall have the same
effect as the giving of the undertaking
would have had.
SEC. 7. APPELLANT MUST EXECUTE uN-
DERTAKING.] To render an appeal effect
ual for any purpose, an undertaking must
be executed on the part OF the appellant
by at least two sureties, to the effect that
ages which may be awarded against him III
the appeal, not exceeding two hundred
and fifty ($250) dollars.
SEC. 8. STAY OF EXECUTION ADD
TIoNAL UNDERTAKING REQUIRED. If the
appeal be from a Judgment directing the
payment of money, it shall not stay the eX.
execution of the judgment unless an UNI
dertaking be executed on the part OF the
appellant, by at least two Sureties, to the
effect that if the Judgment appealed from,
or any part thereof, be affirmed, the appel
liant will pay the amount directed to be
paid by the Judgment, or the part of such
mount as to which the Judgment shall be
all damages which shall be awarded
against the appellant on appeal.
SEC. 3. EXECUTION OF JUDGMENT o
TO DE DELAYED, EXCEPT WHEN. If the
Judgment appealed from direct the assign
ment or delivery OF documents or personal
shall not be delayed by the appeal, unless
the things required to be assigned or deliv-
cred be brought into the court or placed in
the custody of such officer or receiver as
the court or presiding judge thereof shall
appoint, or unless an undertaking be en-
tered on the part of the appellant, by at
least two sureties, in such sum as the
court or presiding judge thereof shall d.
rect, to the effect that the appellant will
obey the order Of the appellate court on the
appeal.
SEC. 10. EXECUTION OF CONVEYANCE
NOT TO BE STAYED, EXCEPT WHEN.J If
the Judgment appealed from direct the
execution of a conveyance or other instru-
ment, the execution of the judgment shall
not be stayed by the appeal, unless the in
strument shall have been executed and
deposited with the clerk with whom the
Judgment is entered, to abide the judy
ment of the appellate court.
SEC. II. 70 SELL AND DELIVER
REALTY, EXCEPT wHEN.] If the judg-
ment appeal from, direct the sale or deliv-
cry of possession of real property Except
in actions for foreclosure of mortgage),
the execution of the same shall not be
stayed unless an undertaking be executed
on the part of the appellant, by at least
two sureties. in such sun as the court or
presiding judge thereof shall direct, to the
effect that during the possession of such
property by the appellant. he will not com
init or suffer to be committed any waste
thereon, and that if the Judgment be af-
firmed. ne will pay the value of the use
and occupation Of the property, from the
time of the appeal until the delivery of
possession thereof, pursuant to the judy
ment
SEC. IL. DIRECTING SALE OF MORT
GAGGED PROPERTY If the judgment ap-
pealed from direct the sale of mortgaged
premises. the execution thereof shall not
be stayed by the appeal, unless an under
taking be executed on the part of the ap-
pellant, by at least two sureties, condi-
toned for the payment of any deficiency
which may arise on such sale, not exceed
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