Page:Revised Codes of the State of North Dakota 1895.pdf/1485

Appeals. 3. From an order arresting judgment.

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

5. From an order of the court directing the jury to find for the defendant.

§ 8330. Time for appeal limited. An appeal from a judgment may be taken within one year after its rendition, and from an order within sixty days after it is made.

§ 8331. Manner of taking appeal. Notice. An appeal is taken by the party taking it or the attorney of such party, serving upon the adverse party, or the attorney of the adverse party who acted as an attorney of record in the district court at the trial, or at the time the order was made or judgment rendered, a copy of the notice of appeal, and by filing the original thereof, with the clerk of the district court of the county in which the order or judgment appealed from is made, entered or filed.

§ 8332. Personal service not made. Publication. If personal service cannot be made, the judge of the district court in which the action is pending or was tried, upon proof thereof, may make an order for publication of the notice in some newspaper, for a period not exceeding thirty days. Such publication is equivalent to personal service.

§ 8933. When appeal deemed taken. The appeal is deemed to be taken when notice thereof as required by sections 8331 or 8332 is filed in the office of the clerk of the district court of the county in which the order or judgment appealed from is made, entered or filed, with evidence of the service or publication thereof indorsed thereon or attached thereto.

§ 8334. Appeal by state. Effect. An appeal taken by the state in no case stays or affects the operation of the judgment in favor of the defendant until the judgment is reversed.

§ 8335. What judgments superseded by appeal. An appeal to the supreme court from 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 district court of the county in which the conviction was had, a certificate of the judge who presided at the trial, or of a judge of the supreme court, that in his opinion there is probable cause for the appeal, but not otherwise, except as hereinafter provided.

§ 8336. Certificate. Duty of sheriff. If the certificate provided for in the last section is filed, the sheriff must, if the defendant is 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 on the appeal.

§ 8337. Execution suspended. If, before the granting of the certificate, the execution of the judgment has commenced, the further execution thereof is suspended, and upon service of a copy of such certificate upon the sheriff of the county in which such judgment was entered, the defendant must be restored, by the officer in whose custody he is, to his original custody.

§ 8338. Duty of clerk when appeal taken. Upon the appeal being taken, it shall be the duty of the clerk of the district court with whom the notice of appeal is filed, without charge and without unnecessary delay, to make out a full and perfect transcript of all the papers in the case on file in his office, except the papers

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