Page:North Dakota Reports (vol. 3).pdf/13



.] When an appeal is taken, either from a judgment or an order, (except in cases where by special order of the District Court copies are sent to the Supreme Court in lieu of the originals,) the Clerk shall transmit the original judgment roll or order and papers used upon the motion as required by Section 5 of an act of 1891 regulating appeals. Whether the original or copies are transmitted, the judge's certificate or a copy thereof as prescribed by Rule 12 must be appended to the record in all cases. The original notice of appeal and undertaking must be transmitted to the Supreme Court. Where original papers are sent up, the certificate of the Clerk of the District Court must conform substantially to the requirements of said Section 5. Where copies of the record on appeal are transmitted to this court, it shall be the duty of the Clerk of the District Court, without unnecessary delay, and within the periods limited by law, to make out a full and perfect transcript and copy of the judgment roll; or if the appeal is from an order, or any part thereof, a complete copy of such order, and of the papers upon which said order was granted, and the certificate of the judge, as prescribed by Rule 12 of these rules; or where a writ of error is sued out in criminal causes, a complete copy of the record and of all bills of exception, together with an assignment of errors, and prayer for reversal, and embracing the certificate of the Judge of the District Court provided in the Code of Criminal Procedure, Compiled Laws, Section 7510, and to certify the same under his hand and seal of the court, and transmit the same to the Clerk of this court, which certificate shall be substantially in the following form:

[Form of Clerk’s Certificate when the appeal is from a judgment in Civil Cases.]

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I, A. B., Clerk of the District Court within and for the said County of.................. in the...................... Judicial District of the State of North Dakota, do hereby certify that the above and foregoing papers are the original notice of appeal, with proof of service thereof, and the undertaking given thereon, and also the original judgment roll and certificate of the Judge thereto appended (or full, true and complete copies of said