Page:1862 Territory of Dakota Session Laws.pdf/390

CHAP. L.] on his docket, together with all the undertakings and papers in the case.

. 43. The cause, when thus appealed, shall stand for trial anew in the district court, in the same manner that it should have been tried before the justice, and as nearly as practicable, as an issue of fact upon an indictment, without regard to technical errors, or defects, which have not prejudiced the substantial rights of either party, and the court has full power over the case, the justice of the peace, his docket entries, and his return, to administer the justice of the case, according to the law, and shall give judgment accordingly.

. 44. No appeal from the judgment of a justice of the peace in a criminal case shall be dismissed.

. 45. If any proceedings be necessary to carry the judgment upon the appeal into effect, they shall be had in the district court.

. 46. Either party may appeal from the judgment of the district court, to the supreme court, in the same manner as from a judgment in a prosecution by indictment, and the defendant may be admitted to bail in like manner, and similar proceedings shall be had on the appeal in all respects, as nearly as applicable.

. 47. The same proceedings shall be had to carry into effect the judgment of the supreme court upon the appeal, as if it had been taken from a judgment prosecuted by indictment.

. 48. This act to take effect from and after its passage.
 * Approved May 18, 1862.

W. JAYNE, Governor.