Page:1887 Compiled Laws of Dakota Territory.pdf/1223

 3. From an order refusing a motion for a new trial.

4. Upon bills of exception for any of the causes mentioned in section 7439 of this code.

§ 7503. The writ may be sued out by the territory:

1. From a judgment for the defendant on a demurrer to the indictment.

2. From an order arresting the judgment.

3. From an order granting a new trial.

§ 7504. The writ must be sued out within one year after the rendition of the judgment, and within sixty days after an order is made.

§ 7505. A writ sued out by the territory, in no case stays or affects the operation of a judgment in favor of the defendant, until judgment is reversed.

§ 7506. A writ of error from the supreme court to remove and re-examine or review a judgment of conviction, stays the execution of the judgment in all capital cases, and in all other cases, upon filing with the clerk of the court in which the conviction was had, a certificate of the judges of such court, or of a justice of the supreme court, that in his opinion there is probable cause for the writ, but not otherwise.

§ 7507. If the certificate provided for in the preceding section is filed, the sheriff must, if the defendant be in his custody, upon being served with a copy thereof, keep the defend­ant in his custody without executing the judgment, and detain him to abide the judgment of the supreme court.

§ 7508. If, before the granting of the certificate, the judg­ment has commenced, the further execution thereof is suspended, and upon service of a copy of such certificate thE: defendant must be restored, by the officer in whose custody he is, to his original custody.

§ 7509. Upon the writ of error being sued out, the clerk of the court upon whom it is served, must, within ten days there­ after or within such reasonable time as may be allowed to him, transmit to the clerk of the supreme court the writ with his return thereon, to which shall be annexed and returned an authenticated copy of the record of this action as mentioned in section 7473, and of all bills of exception, together with an assignment of errors and prayer for reversal.

§ 7510. The return must also embrace a certificate of the judge or of a justice of the supreme court that the record con­tains in itself all the bills of exception and a true copy of all the evidence bearing upon or necessarily relating to any bill of exception.

§ 7511. The judges of the district courts shall not allow any bills of exception which shall contain the charge of the court at large to the jury, upon any general exception to the whole of such charge, but the party excepting shall be required to state distinctly the several and particular matters of law in such charge to which he excepts, and such matters of law, and those only, shall be inserted in the bills of exception, and allowed by the court.

§ 7512. Immediately after the issuing of the writ, a cita­tion to the adverse party to be and appear at the supreme court, to be issued by the clerk thereof, shall be served on him or his attorney, giving at least ten days' notice thereof.

§ 7513. No certiorari for diminution of the record shall be hereafter awarded in any action, unless a motion therefor shall