pursuant to the stipulations therein designated. When the judgment, or order, appealed from is made payable in a specified kind of money or currency, the judgmeut entered against the sureties upon the undertaking must be made payable in the same kind of

money or currency.

When an appeal is perfected, it stays all further proceedings in the Court below, upon the judgment or order appealed from, or upon the matters embraced therein, and releases from levy property which has been levied upon under execution issued upon such judg

ment.

The adverse party may except to the sufficiency of the sureties to the undertakings on appeal.

The foregoing provisions in regard to appeals do not apply to ap- · peals to the County Court from Justices' or Police Courts.

APPEALS FROM DISTRICT COURTS.

An appeal may be taken to the Supreme Court from the District Courts in the following cases:

1. From a final judgment entered in an action or special proceeding commenced in those Courts, or brought into those Courts from other Courts.

2. 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 changing, or refusing to change, the place of trial; from any special order made after final judgment, and from such interlocutory judgment in actions for partition as determines the rights and interests of the respective parties, and directs partition to be made.

APPEALS FROM COUNTY COURTS.

An appeal may be taken to the Supreme Court from the County Courts in the following cases:

1. From a final judgment in an action of forcible entry and detainer; in an action to prevent or abate a nuisance; in a proceeding in insolvency; and in any special cases and proceedings; and

in cases which involve the legality of any tax, impost, assessment, toll, or municipal fine, or in which the demand, exclusive of interest, or the value of the property in controversy, amounts to three hundred dollars.

2. From an order granting or refusing a new trial in the cases herein designated, and from any special order made after final judgment in such cases.

APPEALS FROM PROBATE COURTS.

An appeal may be taken to the Supreme Court from a judgment or order of the Probate Court as follows:

1. Granting, or refusing, or revoking letters testamentary, or of administration, or of guardianship.

2. Admitting, or refusing to admit, a will to probate.

3. Against or in favor of the validity of a will, or revoking the probate thereof.

4. Against or in favor of setting apart property, or making an allowance for a widow or child.

5. Against or in favor of directing the partition, sale, or conveyance of real property.

6. Settling an account of an executor, or administrator, or guardian.

7. Refusing, allowing, or directing the distribution or partition of an estate, or any part thereof, or the payment of a debt, claim, legacy, or distributive share.

8. Overruling a motion for new trial.

9. Confirming a report of an appraiser setting apart the homestead.

APPEALS FROM JUSTICES' OR POLICE COURTS.

Any party dissatisfied with a judgment rendered in a civil action. in a Police or Justice's Court may appeal therefrom to the County Court of the county, at any time within thirty days after the rendition of the judgment.

Parties appealing on questions of law alone, must prepare a statement for the justice or judge. When the appeal is taken on

questions of fact, or questions of both law and fact, no statement need be made, but the action must be tried anew in the County Court.

An appeal from a Justice's or Police Court is not effectual for any purpose, unless an undertaking be filed, with two or more sureties, in the sum of one hundred dollars, for the payment of the costs on the appeal; or if a stay of the proceedings be claimed, in a sum equal to twice the amount of the judgment, including costs, when the judgment is for the payment of money; or twice the value of the property, including costs, when the judgment is for the recovery of specific personal property; and must be conditioned, when the action is for the recovery of money, that the appellant will pay the amount of the judgment appealed from, and all costs, if the appeal be withdrawn or dismissed, or the amount of any judgment and all costs that may be recovered against him in the County Court. When the action is for the recovery of specific personal property, the undertaking must be conditioned that the appellant will pay the judgment and costs appealed from, and obey the order of the Court made therein, if the appeal be withdrawn or dismissed, or any judgment and costs that may be recovered against him in said action in the County Court, and will obey any order made by the Court therein. A deposit of the amount of the judgment, including all costs, appealed from, or of the value of the property, including all costs, in actions for the recovery of specific personal property, with the justice or judge, is equivalent to the filing of the undertaking. The adverse party may except to the sufficiency of the sureties within five days after the filing of the undertaking, and unless they or other sureties justify before the justice or judge before whom the appeal is taken, within five days thereafter, upon notice to the adverse party, to the amounts stated in their affidavits, the appeal must be regarded as if no such undertaking had been given.

On filing the above undertaking, execution must be stayed. For a failure to prosecute an appeal, or unnecessary delay in bringing it to a hearing, the County Court, after notice, may order the appeal to be dismissed.

CHAPTER XVI.

NEW TRIALS.

A new trial may be granted for any of the following causes, materially affecting the substantial rights of the party aggrieved: . 1. Irregularity in the proceedings of the Court, jury, or adverse party, or any order of the Court, or abuse of discretion, by which either party was prevented from having a fair trial.

2. Misconduct of the jury; and whenever any one or more of the jurors have been induced to assent to any general or special verdict, or to finding on any question submitted to them by the Court, by a resort to the determination of chance, such misconduct may be proved by the affidavit of any one of the jurors.

3. Accident or surprise, which ordinary prudence could not have guarded against.

4. Newly discovered evidence, material for the party making the application, which he could not, with reasonable diligence, have discovered and produced at the trial.

5. Excessive damages, appearing to have been given under the influence of passion or prejudice.

6. Insufficiency of the evidence to justify the verdict or other decision, or that it is against law.

7. Error in law occurring at the trial and excepted to by the party making the application.

The party intending to move for a new trial must, within ten days after the verdict, if the action were tried by a jury, or after notice of the decision of the Court or referee, if the action were tried without a jury, file with the Clerk and serve upon the adverse party a notice of his intention, designating the ground upon which the motion will be made.

CHAPTER XVII.

ESTATES OF DECEASED PERSONS.

Order of persons entitled to administer:

1. The surviving husband or wife, or some competent person whom he or she may request to have appointed.

2. The children.

3. The father or mother.

4. The brothers.

5. The sisters.

6. The grandchildren.

7. The next of kin entitled to share in the distribution of the es

tate.

8. The creditors.

9. The public administrator.

10. Any person legally competent.

If the deceased was a member of a partnership at the time of his decease, the surviving partner must in no case be appointed administrator of his estate.

A married woman must not be appointed administratrix.

When a creditor is claiming letters, the Court may, in its discretion, at the request of another creditor, grant letters to any other person legally competent.

Letters of administration must be granted to any applicant, though it appears that there are other persons having better rights to the administration, when such persons fail to appear and claim the issuing of letters to themselves.

The administrator must give bonds, with two or more sufficient sureties, to be approved by the probate judge, the penalty to be not less than twice the value of the personal property, and twice the probable value of the annual rents, profits, and issues of the real property: additional bonds may be required, when a sale of real estate is ordered.