him to bail; and thereupon he may be arrested, and held to bail, in the same manner, and with the same effect, and subject to the same rights and liabilities, as in other civil actions where the defendant is subject to arrest.

SEC. 276. In every such case, judgment may be rendered upon the right of the defendant, and also upon the right of the party alleged to be entitled; or only upon the right of the defendant, as justice shall require.

SEC. 277. If the judgment be rendered upon the right of the person alleged to be entitled, and the same be in favor of such person, he shall be entitled, after taking the oath of office, and executing such official bond as may be required by law, to take upon himself the execution of the office.

SEC. 278. If the judgment be rendered upon the right of the person so alleged to be entitled, in favor of such person, he may recover, by action, the damages which he shall have sustained by reason of the usurpation of the office by the defendant.

SEC. 279. When several persons claim to be entitled to the same office or franchise, one action may be brought against all such persons, in order to try their respective rights to such office or franchise.

SEC. 280. When a defendant, against whom such action has been brought, is adjudged guilty of usurping or intruding into, or unlawfully holding any office, franchise, or privilege, judgment shall be rendered that such defendant shall be excluded from the office, franchise, or privilege, and that he pay the costs of the action. The court may also, in its discretion, impose upon the defendant a fine, not exceeding five thousand dollars; which fine, when collected, shall be paid into the treasury of the territory.

TITLE IX.

APPEALS IN CIVIL ACTIONS.

CHAPTER I.

APPEALS IN GENERAL.

SEC. 281. A judgment, or order, in a civil action, except when expressly made final by this act, may be reviewed as prescribed by this title, and not otherwise.

SEC. 282. An order made out of court, without notice to the

adverse party, may be vacated or modified without notice, by the judge who made it, or may be vacated or modified on notice, in the manner in which other motions are made.

SEC. 283. Any party aggrieved may appeal in the cases prescribed in this title. The party appealing shall be known as the appellant, and the adverse party as the respondent.

SEC. 284. An appeal may be taken: First. From a final judgment in an action or special proceeding commenced in the court in which the judgment is rendered, within one year after the rendition of the judgment. Second. From a judgment rendered on an appeal from the probate court, within ninety days after the rendition of the judgment. Third. From an order granting or refusing a new trial or a rehearing; from an order refusing to change the place of trial of an action or proceeding after a motion is made therefor, in the cases provided by law, or on the ground that the judge is disqualified from hearing or trying the same; from an order granting or dissolving an injunction, and from an order refusing to grant or dissolve an injunction, and from any special order made after final judgment, within sixty days after the order is made and entered in the minutes of the court. This section shall not extend to appeals to the district court from orders or judgments of the probate courts, but shall extend to judgments rendered in the district court on such appeals.

SEC. 285. The appeal shall be made by filing with the clerk of the court with whom the judgment or order appealed from is entered, a notice stating the appeal from the same, or some specific part thereof, and serving a copy of the notice upon the adverse party, or his attorney.

SEC. 286. When the party who has the right to appeal wishes a statement of the case to be annexed to the record of the judgment or order, he shall, within twenty days after the entry of such judgment or order, prepare such statement, which shall contain the grounds upon which he intends to rely on the appeal, and so much of the evidence as may be necessary to explain the grounds, and no more; and shall file the same with the clerk. The respondent may, within five days thereafter, prepare amendments to the statement, and serve a copy on the appellant. If such amendments are admitted, the statement shall be corrected accordingly; and, if not admitted, the statement and amendnents shall be presented to the judge who tried or heard the case, upon notice of two days to the respondent, and a true statement shall thereupon be settled by such judge.

SEC. 287. If the party shall omit to make a statement within the time above limited, he shall be deemed to have waived his right thereto; and when a statement is made, and the parties shall omit, within the several times above limited, the one party to propose

amendments, the other to notify an appearance before the judge, they shall be respectively deemed, the former to have agreed to the statement as proposed, and the latter to have agreed to the amendment as proposed, and no settlement of the statement, or certificate thereto by the judge shall be required.

SEC. 288. The several periods of time above limited may be enlarged upon good cause shown by the judge before whom the cause was tried.

SEC. 289. The statement, when settled by the judge, shall be signed by him, with his certificate that the same has been allowed and is correct; when the statement is agreed upon by the parties, they or their attorneys shall sign the same, with their certificate that it has been agreed upon by them and is correct. In either case, when settled or agreed upon, it shall be filed with the clerk.

SEC. 290. The clerk shall annex the statement, if the appeal be from a final judgment, to the judgment roll; if the appeal be from an order, to such order, or a copy thereof.

SEC. 291. The provisions of the last preceding sections shall not apply to appeals taken from an order made upon an affidavit filed, but such affidavit shall be annexed to the order in the place of the statement mentioned in those sections.

SEC. 292. Upon an appeal from a judgment, the court may review any intermediate order involving the merits, and necessarily affecting the judgment.

SEC. 293. Upon an appeal from a judgment or order, the appellate court may reverse, affirm, or modify the judgment or order appealed from, in the respect mentioned in the notice of appeal, and as to any or all of the parties; and may set aside, or confirm, or modify any or all of the proceedings subsequent to or dependent upon such judgment or order; and may, if necessary or proper, order a rehearing. When the judgment or order is reversed or modified, the appellate court may make complete restitution of all property and rights lost by the erroneous judgment or order; and when it appears to the appellate court that the appeal was made for delay, it may add to the costs such damages as may be just.

SEC. 294. On an appeal from a final judgment, the appellant shall furnish the court with a copy of the notice of appeal, the judg ment roll, and the statement annexed, (if there be one) certified by the clerk to be a correct copy. On appeal from a judgment rendered on appeal, or from an order, the appellant shall furnish the court with a copy of the notice of appeal, the judgment or order appealed from, and a copy of the papers used in the hearing of the court below-such copies to be certified by the clerk to be correct. If any written opinion be placed on file, on rendering the judgment or making the order in the court below, a copy shall be furnished. If the appellant fail to furnish the requisite papers, the appeal may be dismissed.

CHAPTER II.

APPEALS TO THE SUPREME COURT FROM THE DISTRICT COURT.

SEC. 295. An appeal may be taken to the supreme court from the district courts in the following cases: First. From a final judgment rendered in an action or special proceeding, commenced in those courts or brought into those courts from another court. Second. From an order granting or refusing a new trial or rehearing; from an order refusing to change the place of trial of an action or proceeding, after a motion is made therefor, in the cases provided by law, or on the ground that a judge is disqualified from hearing or trying the same; from an order granting or dissolving an injunction, and from any special order made after final judgment.

SEC. 296. To render an appeal effectual for any purpose, in any case, a written undertaking shall be executed on the part of the appellant, by at least two sureties, to the effect that the appellant will pay all damages and costs which may be awarded against him on the appeal-not less than three hundred dollars; or that sum shall be deposited with the clerk with whom the judgment or order was entered, to abide the event of the appeal. Such undertaking shall be filed or such deposit made with the clerk, within five days after the notice of appeal is filed.

SEC. 297. If the appeal be from a judgment or order directing the payment of money, it shall not stay the execution of the judg ment or order, unless a written undertaking be executed on the part of the appellant, by two or more sureties, stating their place of residence and occupation, to the effect that they are bound in double the amount named in the judgment or order, that if the judgment or order appealed from, or any part thereof, be affirmed, the appellant shall pay the amount directed to be paid by the judgment or order, or the part of such amount as to which the judgment or order shall be affirmed, if affirmed only in part; and all damages and costs which shall be awarded against the appellant upon the appeal.

SEC. 298. If the judgment or order appealed from direct the assignment or delivery of documents, or personal property, the execution of the judgment or order shall not be stayed by appeal, unless the things required to be assigned or delivered be placed in the custody of such officer or receiver as the court may appoint; or, unless an undertaking be entered into on the part of the appellant, with at least two sureties, and in such amount as the court or judge thereof, or probate judge, may direct, to the effect that the appellant will obey the order of the appellate court upon the appeal.

SEC. 299. If the judgment or order appealed from direct the execution of a conveyance or other instrument, the execution of the

judgment or order shall not be stayed by the appeal, until the instrument is executed and deposited with the clerk with whom the judgment or appeal is entered, to abide the judgment of the appellate court.

SEC. 300. If the judgment or order appealed from direct the sale or delivery of possession of real property, the execution of the same shall not be stayed, unless a written undertaking be executed on the part of the appellant, with two or more sureties, to the effect that during the possession of such property by the appellant, he will not commit or suffer to be committed any waste thereon; and that, if the judgment be affirmed, he will pay the value of the use and occupation of the property, from the time of the appeal until the delivery of the possession thereof, pursuant to the judgment or order -not exceeding a sum to be fixed by the judge of the court by which the judgment was rendered or order made, and which shall be specified in the undertaking. When the judgment is for the sale of mortgaged premises and the payment of a deficiency arising upon the sale, the undertaking shall also provide for the payment of such deficiency.

SEC. 301. Whenever an appeal is perfected, as provided by the preceding sections in this chapter, it shall stay all further proceedings in the court below, upon the judgment or order appealed from, or upon the matter embraced therein; but the court below may proceed upon any other matter included in the action, and not affected by the judgment or order appealed from. And the court below may, in its discretion, dispense with or limit the security required by said sections, when the appellant is an executor, administrator, trustee, or other person acting in another's right.

SEC. 302. The undertaking prescribed by sections two hundred and ninety-six, two hundred and ninety-seven, two hundred and ninety-eight, and three hundred, may be in one instrument or several, at the option of the appellant.

SEC. 303. An undertaking upon an appeal shall be of no effect, unless it be accompanied by the affidavit of the sureties, that they are each worth the amount specified therein, over and above all their just debts and liabilities, exclusive of property exempt from execution; except, where the judgment exceeds three thousand dollars, and the undertaking on appeal is executed by more than two sureties, they may state in their affidavit that they are severally worth amounts less than that expressed in the undertaking, if the whole amount be equivalent to that of two sufficient sureties. The adverse party may, however, except to the sufficiency of the sureties within five days after the filing of the undertaking, and unless they or other sureties justify before a judge of the court below, or a probate judge, or the county clerk, within five days thoreafter, upon notice to the adverse party, to the amount stated in their affi