Page:United States Statutes at Large Volume 31.djvu/539

 FIFTY·S1XTH CONGRESS. Sess. I. Ch. 786. 1900. 487 CHAPTER NINETY-sEv¤N.· or APPEALS FROM JUSTICE’S COURT IN CIVIL Acr10Ns. Sec. · Sec. 995. Appeal, who may take, and from \ 1001. Qualification and justification of what judgment. sureties. 996. Togwhat court and within what 1002. Transcript, when filed and what time. constitutes. 997. How taken. 1003. Appeal, how perfected and tried. 998. Undertaking, when to stay pro- 1004.. Dismissal of appeal. ' ceedings. 1005. Judgment in the appellate court. 999. When proceedings stayed by under- 1006. Defective undertaking, how cured. taking for costs. 1007. Amendment of pleadings in the 1000. Allowance of appeal and retum of appellate court. execution. , Sec. 995. Either party may appeal from a judgment given in a mgvwdd {who rigs; justice’s court, in a civil action, when the sum in controversy is not juughiiiia. mm W a less than fifty dollars, or for the recovery of personal property of the value of not less than fifty dollars, exclusive of costs in either case, except when the sum is given by confession or for want of an answer, as rescribed in this chapter, and not otherwise. §ac. 996. The ap eal is taken to the district court, and may be W,*Qg,g%&g<;g;¤¤d taken within thirty gays from the date of the entr of the judgment. ' The party appealing is known as the appellant and, the adverse party the respondent, but the title of the action is not thereby changed. Sec. 997. An appeal is taken by serving a notice thereof on the How taken. adverse party or is attorney and filing the original, with the ·proof of service indorsed thereon, with the ljustice, and by giving the undertaking for the costs of the appeal as ereinafter provided. Sec. 998. The undertaking of the appellant must be given, with ml;*t§i¢¤g¤0l;;¤g ·.Wh¤¤ one or more sureties, to the effect that the appellant will pa all costs y P ` and disbu ·sements that may be a·-varded against him on the appeal; but suchetdndertaking does not stay the proceedings unless the undertaking further provides to the effect fol owing, that the aplpellant will satisfy any judgment that may be given against him in the appellate °°§“°“t°fPp§“l°d idi b f f 1. 1 W ed Ec. 999. f the ju ent appea e rom e in avor o the a - hw Pm i¤¤§ lant, the proceedings tiiiieon are stayed by the notice of appealgiid iiigyfg ciiimilndemk the undertakin for the costs of the ap eal. Sec. 1000. V§hen an appeal is taken Sie justice must allow the same mfglggggglwogfgggcfgf and make an entry thereo in his docket, stating whether the proceed- mm. ings are thereby stayed or not. When the- proceedings are stayed, if an execution has been issued to enforce the judgment, the justice must and thereupon it must be returned and all property taken thereon and not sold released; and if the body of the defendant has been taken on execution he must be discharged from custody. Sec. 1001. All sureties in an undertaking under the provisions of .ugt*g·;{3gg;i¤g; gg; · thislcha ter must have the qualifications of bail upon arrest, and, if hss. required) by the adverse party, must justify before the justice in like manner. . Sec. 1002. Within twenty days after the allowance of the a eal '*`¤*¤¤°¤P°· whe!} the appellant must file with the clerk of the district court a trandhgipt iiiiiiiimd what mmm of the cause. The transcript must contain a copy of all the material entries in the justice’s docket relating to the cause or the appeal, and must have annexed thereto all the original papers relating to the cause or the appeal and tiled with the justice. Sec. 1003. Upon the filing of the transcript with the clerk of the ,€,j},g§°;,§;, {{.;,},1 P°"‘ district court the appeal is perfected, and the action shall be deemed pending and for trial therein as if originally commenced in such court,
 * recall the same by written notice to the officer holding the execution,