Page:Revised Codes of the State of North Dakota 1895.pdf/1476

§§ 8267-8270 court at any term thereof, or to any judge of said court in vacation, to settle and approve the same. The application may be made in the manner and under such regulations as the court may prescribe by order or in its rules, or as may be required by the judge of said court to whom application is made. The statement of the case or any exception when allowed, must be certified by the chief justice of the court (if application is made to the court) or by the judge allowing the same, (when made to a judge), as correct, and filed with the clerk of the district court of the county in which the action was tried, and when so filed, it has the same force and effect as if settled by the judge who presided at the trial of the action. In all cases when there is no provision of law governing the allowance and settlement of statements or exceptions, the same shall be allowed, settled and certified as directed in this section.

§ 8267. Time may be extended. The times for preparing the statement of the case, or the amendments thereto, or for settling and certifying the same, may be extended before or other times fixed, after they have elapsed, by the agreement of the parties or by the judge who presided at the trial, or in the cases provided for in section 8266 of this code, by the supreme court, or by a judge thereof.

§ 8268. What statement to contain. The statement of the case must contain so much of the evidence only as is necessary to present the questions of law upon which the exceptions were taken, and the judge must upon the settlement of the statement, whether agreed to by the parties or not, strike out all other matters therein. No particular form of exception is required, but the objection must be stated, with so much of the evidence or other matter as is necessary to explain it, and no more; only the substance of the stenographer's notes of the evidence shall be stated; documents on file in the action or proceeding may be copied, or the substance thereof stated, or a reference thereto sufficient to identify then may be made.

§ 8269. Instructions. Exceptions. Record. Errors. The instructions requested by the defendant and refused, or by the prosecutor and given, and all the instructions given to the jury, by the court in writing, or orally and written out by the stenographer of the court and filed with the clerk, except as otherwise provided in section 8179 of this coule, are deemed excepted to, and need not be embodied in the statement of the case, but the same and each of them with the indorsements, if any, showing the action of the court thereon, form a part of the record of the action. The decision of the court upon any matters of law in this article declared to be deemed excepted to, need not be embodied in any statement of the case, and forms a part of the record of the action. Any statement of the case or exception, settled, certified and filed as provided in this article also forms a part of the record of the action. Any error committed by the court in or by any decision, ruling, instruction or other act and appearing in the record of the action may be taken advantage of upon a motion for a new trial or in the supreme court on an appeal.

ARTICLE 2.- NEW TRIALS.

§ 8270. New trial defined. A new trial is a re-examination of the issue in the same court, before another jury, after a verdict has been given. The granting of a new trial places the parties the

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