Year: 1871

1
the rendition of the decree by the Dis
trict Court. Such service may be mad
IN the manner and by the persons au
thorized to serve summons.


II.


l. The appellant by himself or attor
ney shall cause notice to be served OF
the adverse party or his attorney, ant
file the original, with proof of service
endorsed thereon, with the Register o.
the District Court Such notice shall
state that the appellant appeals from the
decree.


2. Within ten days from the service
of the appeal. the appellant shall file
with the Register of the District Court &
bond as hereinafter provided, and with.
in five dags after such filing, the adverse
party shall except to the sufficiency Of
the sureties m the bond, or be deemed
70 have waived his right to any such ex.
ception.


3. The qualification of sureties on an
appeal bond shall be the same as in case
OF bail on arrest, and if excepted to, they
shall justify in like manner.


4. Upon the expiration of the time al
lowed to except to the sureties in the
bond, or upon the justification thereof.
If excepted to, the appeal shall be deem
ed perfected. 1t shall thereupon be the
duty of the Register to attach together
all the original papers in the case on
file in his Office, and transcript of all
the journal entries in said case, and ap-
pend thereto his certificate under seal of
the Court that he has SO done, and
forthwith transmit the same to the Clerk
of the Supreme Court at the expense of
he appellant, by mail or by sheriff,
marshal or deputy marshal of the Dis
trict Court, or by some other person
specially by the District Court or Judge
appointed. The Clerk of the Supreme
Court shall Immediately, upon the re-
ceipt thereof, fill each paper separately
in his office, and if the appeal shall have
been perfected more than twenty days
before the first day of the then next
succeeding term of the Supreme Court,
he shall place the cause upon the caler-
dar for such term, for bearing. The
cause shall then be for hearing in its or
der, without other or further notice;
Provided, That by stipulation cause
may be placed on the calendar for hear
ing by leave of the Court at any time
and provided further, that the appellee
shall have the right to procure the pa
pers to be transmitted to and fled in
tie Supreme Court at any time after the
perfection of the appeal. and to have
the cause brought on for hearing at the
next succeeding term, if the papers have
been filed in said Court on or before the
second day of said term.


III.


An appeal bond shall be given by the
appellant with two or more sur ties to
the effect that the appellant will pay all
damages, costs and disbursements which
may be awarded against him ON the ap-
peal; but such bond shall not stay pro-
ceedings unless it further provide to the
effect following:


l. If the decree appealed from be for
the quieting title to real property, for a
partition thereof, or the foreclosure of a
lien thereon, that during the possession
Of such property by the appellant, he
will not commit or suffer to be commit
ted any waste thereon, and that if such
decree or any part thereof be affirmed,
the appellant will pay the value of the
use and occupation of such property SO
far as affirmed frem the time of the ap-
peal until the delivery of the possession
thereof, and not exceeding sum to be
specified therein, to be ascertained and
fixed by the Court, or the Judge thereof


8. If the decree appealed from be fol
the foreclosure of lien, and also against
the person for the amount of the deb
secured thereby, the bond shall also be
to the effect that the appellant will pay
any portion of such decree remaining
unsatisfed after the sale of the property
upon which the lien is foreclosed.


4. In cases not provided for in sub
divisions l, 2 and 3 of this rule, unles!
the decree appealed from require th'
transfer or delivery of any persona
property, and the things required to b.
transferred or delivered he brought init
Court or placed in custody of such off
lcer or receiyer as the Court may mp
roint. then that the appellant will ODE.
the decree of the appellate court. An
the amount of the bond in cases referre'
to in this subdivision shall be specifics
therein, aud fixed by the Court or Judg
thereof. aF


".


| When the decree appealed from sha
require the execution OF conveyanc
| or other instrument, e1ecuticn of To


decree shall not be stayed by the appea


unless, within the time allowed to fl


the appeal bond, the conveyance, c
. other instrument, be executed and d.


posted with the Register OF the Distri,