The advocate., 1895-02-27
LEGAL NOTICES.
COnttnaled Ion pdQe I.

divisions, and may use any county C0urS
house, when not otherwise used, for that puT'
pose, and said judges shall be furnished with
all necessary record books, blanks and station
cry by the secretary Of state, which record
books, blanks and stationery shall be fur
niahed at the expense OF the state: Pr0Uided,
That IL the proper authorities of any city or
town where said court is to be held shall fail,
neglect, or refuse TO provide suitable rooms as
above provided, then and In that event, the
judges OF said court may designate some
held.
SEC. 8. All pleadlngs in, and all appeals
and proceedings In error taken or brought TO
Che courts Of appeals shall be entitled or shall
indicate the court and division thereof, and
all process shall be made returnable to the
ONCE OF the clerk OF the proper division, and
all cases originating in any division shall be
carried to the court OF appeals for that diVi-
SEC. Q. Said courts Of appeals, within their
respective divisions shall have original jurts-
dletiOn, concurrent with and to the same ex-
tent as Is now given by law to the supreme
corpus. They shall also have exclusive appel
late jurisdiction as now allowed by law in all
cases OF appeal from convictions for misde.
meanoPs In the district and other courts Of
record; also In all proceedings In error, as now
allowed by law, taken from orders and dec1s-
ions Of the district and other courts Of record,
or the judge thereof, except probate courts, In
civil actions before final Judgment, and from
within ther respective divisions where the
amount or value does not exceed two thousand
dollars, exclusive OF interest and COSTS except
chat in any such case as Is herein made final
IN the court OF appeals 1t shall be competent
for the supreme court to require by any proper
order and process Withinlsixty days after the
entry OF such final judgment or order In the
court OF appeals TO direct any such case TO be
certified to the supreme court for Its review
and determination with the same power and
authority in the case as II 1t had been carried
by appeal or writ OF error to the supreme court
IN thO first instance. All other cases OF Rp-
peal and proceedings In error shall be taken
as now provided by law
SEC. 10. In the event Of any case being sent
from lower court on appeal or writ Of error
TO the wrong court Of appeals or to the su'
preme court, Ii shall be the duty OF the court
to which the case has thus been SENT imme-
dlstely upon such fact coming to Its attention,
TO direct Its clerk to forward the transcript or
record therein, with the order OF transfer, to
the clerk Of the proper court OF appeals. And
In the event OF any case being sent improperly
ON appeal or writ OF error, from lower court
10 either Of the courts OF appeals when the
same should have been sent TO the supreme
court. it shall be the duty Of such court OF APP
peAls, Immediately upon such TACT coming to
its attention, to order the transfer OF the same
10 the supreme court by It's clerk, who shall at
once send the same to the clerk OF the supreme
court, accompanied by alcopy,of said'order. On
the receipt Of such record by the proper clerk,
he shall at once file the same in his office, and
the case shall be proceeded with In the court
to which it Is transferred as TX the same had
gone there directly from the trial court.
SEC II. The supreme court shall, OF the
CAaes now pending therein, certify down to the
courts Of appeals all the cases originating In
each division and within It's jurisdiction, and
said courts OF appeals shall Immediately upon
receipt Of the record In any such case, have as
full and complete jurisdiction OF such case as
iR Il had been originally commenced therein
and after notifying the parties as may be or
,y NOuFt qhnll nFORAn6
10 hear and determine all such cases, the same
AS X originally brought In said court
SEC. IL Orders, judgments and decisions
made and rendered by such courts OF appeals
IN cases pending therein shall have the same
force and effect as IL made by the supreme
court, and its mandate to any inferior court
shall be obeyed in like manner as mandates
from the supreme court, and shall be final ex.
cept as herein otherwise provided. Its pro.
cess shall be executed by sherifs and other
officers in like manner as the process OF
other courts OF record.
SEC. 1a The provisions prescribing and reg
ulAsing appeals and proceedings In error from
the district court TO the supreme court shall
be and the same are hereby adopted as rules
for taking appeals and proceedings In error to
the courts OF appeals and from the courts OF
appeals to the supreme courtgo far 40 the same
arc applicable and not inconsistent with this
act The justices OF the supreme court are
hereby authorized and empowered to pre-
scribe such rules and regulations, other than
aS provided by law, as may be necessary, re-
spscting the taking, perfecting and filing sp.
peAls and proceedings in error, and as to pro-
ceedinEs therein, In the supreme court and
the courts Of appeals.
SEC. IA Proceedings in error may be taken
from the judgment OF the courts OF appeals to
the supreme court In any action or proceed
ing where the courts Of appeals has original
jurisdiction, or in any case involving the tax
or revenue laws Of this state, or the title TO
real estate or the constitution OF this state, or
the constitution, laws or treaties OF the United
States. No appellate proceeding shall be al
lowed from Judgment Of the courts Of ap-
peRls In any civil action, unless the party ap.
peAling shall give an undertaking as ordered
By the court with surety or sureties to be
approved by the clerk Of said court
SEC i5 Two members OF such courts OF ap-
hal