Page:Revised Codes of the State of North Dakota 1895.pdf/1484

§§ 8323-8329 table citizens to be selected by him. He must also at the request of the defendant permit any minister or ministers of the gospel - whom the defendant may name, and any of his friends and relatives not exceeding five, to attend the execution, and also such peace officers as the sheriff or deputy sheriff may deem proper. But no person other than those mentioned in this section can be present at the execution, nor must any person under age be allowed to witness the

§ 8323. Certificate of execution. Witnesses. The sheriff or deputy sheriff must prepare and sign with his name of office and attach to the warrant under which he acted, a certificate setting forth that the judgment was executed upon the defendant according to the provisions of the last three sections, and the time, manner and place of the execution, and also the names of the twelve persons, not relatives of the defendant, whom he invited to be present and the names of those invited and who attended such execution. The sheriff or deputy shall request and allow such number of said persons as may be willing so to do, to attest said certificate by their signatures.

$ 8324, Return of warrant. The sheriff or deputy sheriff who executed the warrant must return the same together with the certificate provided for in the last section, to the clerk of the district court from which it was issued, and the clerk of said court must file and retain the same in his office with the other papers in the action.

CHAPTER 13.

APPEALS.

ARTICLE 1.- NOTICE OF APPEAL AND SERVICE.

§ 8325. Appeal, who may take. Either the defendant or the state may take an appeal as provided in this article.

§ 8326. Defendant's right to appeal. An appeal to the supreme court may be taken by the defendant as a matter of right from any judgment against him.

§ 8324. Title of action on appeal. The party appealing is known as the appellant and the adverse party as the respondent what the title of the action is not changed in consequence of the appeal.

§ 8328. From what defendant may appeal. An appeal may be taken by the defendant:

1. From a final judgment of conviction.

2. From an order refusing a motion in arrest of judgment.

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

4. From an order made after judgment affecting any substantial right of the party.

$ 8329. From what the state may appeal. An appeal may be taken by the state:

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

2. From an order granting a new trial.

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