CHAPTER XI.

APPEALS IN GENERAL.

An appeal may be taken: 1. 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 entry of judgment. But an exception to the decision or verdict, on the ground that it is not supported by the evidence, cannot be reviewed on appeal from the judgment, unless the appeal is taken within sixty days, after the rendition of the judgment.

2. From a judgment rendered by a Probate or Justice's Court, within twenty-one days from the entry of judgment.

3. From an order granting or refusing a new trial; from an order granting or dissolving an injunction; from an order refusing to grant or dissolve an injunction; from an order dissolving or refusing to dissolve an attachment; from an order granting or refusing to grant a change of the place of trial; from any special order made after final judgment, and from an interlocutory judgment in actions for partition of real property, within thirty days after the order or interlocutory judgment is made and entered in the minutes of the Court, or filed with the clerk.

In the District Court, an undertaking must be filed on the part of the appellant by at least two sureties, to the effect that the appellant will pay all the damages and costs, not exceeding three hundred dollars or that sum must be deposited with the clerk.

If a stay of proceedings is desired, an undertaking in double the amount of the judgment and costs must be filed.

In the Probate and Justices' Courts, appeals are allowed in all cases where the demand, exclusive of interest, or the value of the property in controversy, amounts to twenty-five dollars.

Appeals in Probate and Justices' Courts must be taken in twenty days from the rendition of the judgment.

CHAPTER XII.

HOMESTEADS.

The homestead consisting of a quantity of land, together with the dwelling house thereon and its appurtenances, not exceeding in value the sum of five thousand dollars, to be selected by the husband and wife, or either of them, or other head of a family, shall not be subject to forced sale in execution, or any final process from any Court.

The person or persons claiming a homestead shall do so by written declaration, setting forth that they, or either of them, are married, or if not married, that he or she is the head of a family; that they or either of them, as the case may be, are, at the time of making such declaration, residing with their family, or with the person under their care and maintenance, on the premises, particularly describing said premises, and it is their intention to use and claim the same as a homestead, which declaration shall be signed by the party making the same, and acknowledged and recorded in the office of the county recorder. Such exemption shall not extend to any mechanic's, laborer's or vendor's lien, lawfully obtained, nor to a mortgage or alienation to secure the purchase money or pay the purchase money, if the signature of the wife be obtained to the same, and acknowledged by her separate and apart from her husband.

CHAPTER XIII.

ESTATES OF DECEASED PERSONS.

Every executor or administrator shall, immediately after his appointment, cause to be published in some newspaper published in

the county-if there be one; if not, then in such newspaper as may be designated by the Court-a notice to the creditors of the deceased requiring all persons having claims against the deceased to exhibit them, with the necessary vouchers, within ten months after the first publication of the notice to such executor or administrator, at the place of his residence or transaction of business, to be specified in the notice.

If a claim be not presented within ten months-unless the value of the estate does not exceed fifteen hundred dollars; in which case notice to creditors shall be given to present their claims within four months after the first publication of the notice, it shall be barred forever: provided, if it be not then due, or if it be contingent, it may be presented within ten months after it shall become due or absolute and provided further, that when it shall be made to appear by the affidavit of the claimant, to the satisfaction of the executor or administrator and the probate judge, that the claimant had no notice, as provided in this act, by reason of absence from this Territory, it may be presented at any time before a decree of distribution is entered.

Every claim presented to the administrator shall be supported by the affidavit of the claimant that the amount is justly due, that no payments have been made thereon, and that there are no off-sets to the same to the knowledge of the claimant or affiant: provided, that when the affidavit is made by any other person than the claimant, he shall set forth in the affidavit the reason it is not made by the claimant. The oath may be taken before any officer authorized to administer oaths. (If the claimant is a non-resident, the affidavit must be made before a judge or clerk of a Court having a seal, or a commissioner for Idaho Territory.) The executor or administrator shall also require satisfactory vouchers or proofs to be produced in support of the claim.

The amount of interest shall be computed and included in the statement of the claim, and the rate of interest determined; provided, that no claim which shall have been due and payable thirty days prior to the death of the deceased shall bear greater interest than ten per cent. per annum from and after the time of issuing letters.

When a claim, accompanied by the affidavit required, has been presented to the executor or administrator he shall endorse thereon his allowance or rejection, with the day and date thereof. If he allow the claim, it shall be presented to the judge for his approval, who shall in the same manner endorse upon it his allowance or rejection.

If the executor or administrator, or the judge, refuse or neglect to endorse such allowance or rejection for ten days after the claim shall have been presented to him, such refusal or neglect shall be deemed a rejection: if allowed and approved, it must be filed in the Probate Court within thirty days.

If the claim be founded on a bond, bill, note, or other instrument, the original instrument shall be presented, and the allowance and approval, or rejection, shall be endorsed thereon or attached thereto.

If the claim, or any part thereof, be secured by a mortgage or other lien, such mortgage or evidence of lien shall be attached to the claim and filed therewith, unless the same be recorded in the office of the recorder of the county in which the land lies; in which case it shall be sufficient to describe the mortgage or lien, and refer to the date, volume and page of its record.

In all cases the claimant may withdraw his claim from file on leaving a certified copy, with a receipt endorsed thereon, by himself or his agent. If the original instrument be lost or destroyed, then, in lieu thereof, the claimant shall be required to file his affidavit particularly describing such instrument, and stating the loss or destruction thereof.

When a claim is rejected, either by the executor or administrator or probate judge, the holder shall bring suit in the proper Court against the executor or administrator, within three months after the date of its rejection, if it be then due, or within three months after it becomes due, otherwise the claim shall be forever barred.

No claim shall be allowed which is barred by the statute of limitations.

The executor, administrator or probate judge may allow a claim in part, and if the claimant fail to recover a greater sum he is allowed no costs.

The debts of the estate are paid in the following order: 1. Funeral expenses.

2. The expenses of the last sickness.

3. Debts having preference by the laws of the United States. 4. Judgments rendered against the deceased in his lifetime, and mortgages in the order of their date.

5. All other demands against the estate.

The mortgages in preference extend only to the proceeds of the property mortgaged; any deficiency must be classified and paid under the fifth head.

Executors and administrators should make a settlement of the estate at the expiration of one year; except where the value of the estate does not exceed fifteen hundred dollars, the Court may order the estate settled in six months.

CHAPTER XIV.

DEPOSITIONS.

The deposition of a witness in this Territory, who is a party to the action or proceeding; or who resides out of the county, or is about to leave the county where the action is to be tried; or is too infirm to attend the trial; or when the testimony is required upon a motion, or in any other case where the oral examination of the witness is not required, may be taken by either party, before any judge or clerk, or any justice of the peace, or notary public in this Territory, on serving upon the adverse party previous notice of the time and place of the examination, together with a copy of an affidavit, showing that the case is one of the above mentioned. Such notice shall be at least five days, and in addition one day for every twenty-five miles of the distance of the place of examination from the residence of the person to whom the notice is given, unless a shorter time is prescribed by the judge.