Non agros

ment.

Disapproval.

Monuments.

Report to be in writing.

Allotments.

Partition and and sale.

Report set aside.

Confirmation.

Notification.

SEC. 692. If the owner of any share thus sold has a husband or wife living, and if such husband and wife do not agree as to the disposition that shall be made of the proceeds of such sale, the court must direct it to be invested in real estate under the supervision of such person as it may appoint, taking the title in the name of the owner of the share sold as aforesaid.

SEC. 693. If the sales are disapproved, the money paid and the securities given must be returned to the persons respectively entitled thereto.

SEC. 694. When partition is deemed proper, the referees must mark out the shares by visible monuments, and may employ a competent surveyor and the necessary assistants to aid them.

SEC. 695. The report of the referees must be in writing, signed by at least two of them. It must describe the respective shares with reasonable particularity, and be accompanied by a plat of the premises.

SEC. 696. Unless the shares are allotted to their respective owners by the referees as hereinbefore contemplated, the clerk shall number the shares and then draw the names of the future owners by lot.

SEC. 697. When partition can be conveniently made of part of the premises, but not of all, one portion may be partitioned and the other sold as hereinafter provided.

SEC. 698. On good cause shown, the report may be set aside, and the matter again referred to the same or other referees.

SEC. 699. Upon the report of the referees being confirmed, judgment thereon shall be rendered that the partition be firm and effectual forever.

SEC. 700. When all the parties in interest have been duly notified to appear and answer, either by the service of the petition and notice, or by the publication prescribed by law, any of the proceedings above authorized shall be binding and conclusive upon them all. If only a portion of such parties be served, they only shall be bound by such proceedings.

evidence.

SEC. 701. The judgment of partition shall be presump- Presumptive tive evidence of title in all cases, and as between the parties themselves it is conclusive evidence thereof, subject however, to be defeated by proof of a title paramount to, or independent of, that under which the parties held as joint tenants, or tenants in common.

SEC. 702. All the costs of the proceedings in partition Costs. shall be paid in the first instance by the plaintiffs, but eventually by all the parties in proportion to their interests, except those costs which are created by contests above provided for.

SEC, 703. Any person claiming to hold an incumbrance upon any portion of the property involved in the suit, may, in default of the owner, appear and act as his representative in any of the proceedings under this title.

Incumbrance.

terests.

SEC. 704. Persons having contingent interests in such Contingent inproperty may be made parties to the proceedings, and the proceeds of the property so situated (or the property itself in case of partition), shall be subjeet to the order of the court until the right becomes fully vested,

SEC. 705. The ascertained share of any absent owner shall be retained, or the proceeds invested for his benefit.

TITLE XXVIII.

Contempts.

Abseat owners

SEC. 706. Every court of record shall have power to Contempta. punish by fine and imprisonment, or by either, as for crimnial contempt, persons guilty of any of the following acts:

First, Disorderly, contemptuous or insolent behavior towards the court, or any of its officers, in its presence. Second, Any breach of the peace, noise, or other disturbance tending to interrupt its proceedings.

Third, Wilful disobedience of, or resistance wilfully offered to any lawful process or order of said courts.

Fourth, Any wilful attempt to obstruct the proceedings, or hinder the due administration of justice in any suit, proceedings or process pending before the courts.

Summary punhment.

Liability.

Appeals.

Transcript.

Fifth, The contumacious and unlawful refusal of any person to be sworn or affirmed as a witness, and when sworn or affirmed, the refusal to answer any legal and proper interrogatory and for no other.

SEC. 707. Contempts committed in the presence of the court may be punished summarily; in other cases the party upon being brought before the court, shall be notified of the accusation against him, and have a reasonable time to make his defense.

SEC. 708. Persons punished for contempt under the preceding provisions, shall nevertheless be liable to indictment, if such contempt shall amount to an indictable offense; but the court before which the conviction shall be had, may, in determining the punishment, take into consideration the punishment before inflicted, in mitigation of the sentence. In cases of contempt, the punishment shall be by fine or imprisonment, or both; but no fine shall exceed the sum of five hundred dollars, and no imprisonment shall exceed the period of five days, except when the contempt consists in the omission to perform an act which is yet in the power of the person to perform, in which case he may be imprisoned until he has performed it.

TITLE XXIX.

Appeals from the District to the Supreme Court.

SEC. 709. Appeals hereafter to be tried must be taken within one month from the time judgment is rendered, by service of notice, in writing, on the adverse party, his agent or attorney, and also the clerk of the court in which the proceedings were had, stating the appeal from the same, or some specific part thereof.

SEC. 710. Upon receiving the notice and the payment · of the legal fees therefor, by the appellant, the clerk shall forthwith transmit to the supreme court, a transcript of the record in the cause, or so much thereof as the appellant directs, to which shall be appended the notice of the appeal and the written directions of the appellant applying therefor.

SEC. 711. All proper entries made by the clerk, and all papers pertaining to the cause and filed therein, (except subpoenas, depositions, and other papers that are used as mere evidence), are to be deemed parts of the record. But the transcript of motions, affidavits and other papers, when they relate to collateral matters, should not be certified, unless by directions of the appellant. If so certified, when not material to the determination of the appeal, the court may direct the person b'amable therewith to pay the costs thereof.

SEC. 712. If the other co-parties refuse to join, they are precluded from any benefits arising from the appeal, unless from the necessity of the case; but should they fail to appear, and refuse to join in the appeal, they shall be liable for their share of the costs already made, only.

SEC. 713. The death of any or all the parties shall not abate the suit, but the names of the proper persons being substituted, the cause may proceed, but to promote the ends of justice, the court may grant a continuance in such cases.

SEC. 714. An appeal from the judgment of the court, shall be a stay of execution, except to any portion of the judgment not appealed from.

SEC. 715. If execution has been issued before such appeal taken, the clerk shall recall it.

SEC. 716. Property levied upon and not sold at the time of such recall, shall be returned forthwith by the sheriff to the judgment debtor.

SEC. 717. The court may reverse or affirm the judgment, or render such judgment as the district court should have done.

SEC. 718. If the judgment be affirmed, the court shall award the appellee such damages as they may deem just, not exceeding twelve per cent. per annum.

SEC. 719. If the court affirm the judgment, it may remand the cause to the district court to be carried into effect, or it may issue the necessary process for that purpose to the sheriff of the proper county.

Record.

Co-parties.

Abatement..

Appeal.

Execution.

Retorn of property.

Reversal.

Affirmante.

Remand.

Restoration.

chaser.

SEC. 720. If by the determination of the cause, the appellant is entitled to a restoration of money or property that was taken from him under the judgment below, then either court may award a writ of restoration or execution for the purpose of restoring the property or the value thereof.

Bona fide pur- SEC. 721. Property acquired by a bona-fide purchaser under a judgment reversed, shall not be effected by such reversal.

Judgment.

Undertaking.

Information.

SEC. 722. When judgment is rendered against the appellant, the court shall, on motion, render judgment against both appellant and his sureties for the amount of the judgment, damages and costs, in case such damages can be ascertained by the court without trial.

SEC. 723. No appeal shall be allowed as provided in this title until there is filed by or on behalf of the party applying therefor, an undertaking with two or more good and sufficient sureties conditioned as follows:

First, When the appeal is from a judgment for the payment of money, the undertaking shall be double the amount of the judgment, and for the payment of said amount and all costs and damages if such judgment be not reversed. In all other cases the undertaking shall be as fixed by the court from which the appeal is taken, or by any judge of the supreme court. Also, an affidavit of the party, his agent or attorney, stating that the appeal is not taken for the purposes of delay or vexation, but that it is taken in good faith and for the purpose of obtaining justice.

TITLE XXX.
Informations.

SEC. 724. An information may be filed against any person unlawfully holding or exercising any public office or franchise within this territory, or any officer in any corporation created by the laws of this territory, or when any public officer has done or suffered any act which works a forfeiture of his office, or when any persons act as a corporation