cases herein before provided for; but he shall impose no fine upon such tenants, or persons holding over. 4 M. 215 (298), 375 (483); 8 M. 479 (536); 14 M. 469; 21 M. 398; 22 M. 37. § 12. No restitution in certain cases-writ not to issue for 24 hours. No restitution shall be made, under the provisions of this chapter, of any lands or tenements of which the party complained of, or his ancestors, or those under whom he holds the premises, have been in the quiet possession for three years next before the entering of the complaint, unless his estate therein is ended; nor shall a writ of restitution issue in any case for twenty-four hours after judgment, if the party against whom judgment is rendered, or his attorney, states to the justice that he intends to take an appeal. § 13. Appeal, when and how taken-bond. If either party feels aggrieved by the verdict of the jury, or decision of the justice, he may appeal within ten days, as in other cases tried before justices of the peace, except that his bond shall be with two or more sufficient sureties, to be approved by said justice, conditioned to pay all costs of such appeal, and abide the order the court may make therein, and pay all rent and other damages justly accruing to said complainant during the pendency of such appeal. 14 M. 469. § 14. Proceedings stayed by appeal, eta. Upon the taking of such appeal, all further proceedings in the case shall be stayed, and the appellate court shall thereafter issue all needful writs and processes to carry out the provisions of this chapter, according to the true intent and meaning thereof. §15. Appeal after issue of writ-certificate-stay. If a writ of restitution has been issued previous to the taking of an appeal, as provided in this chapter, the justice shall forthwith give the appellant a certificate of the allowance of such appeal; and upon the service of such certificate upon the officer having sucu writ of restitution, the said officer shall forthwith cease all further proceedings by virtue of such writ; and if such writ has not been completely executed, the defendant shall remain in possession of the premises until the appeal is determined. § 16. Proceedings not to be dismissed for want of form. In all cases of appeal under the provisions of this chapter, the appellate court shall not dismiss or quash the proceedings for want of form only, provided they have been conducted substantially according to the provisions of this chapter. § 17. Amendments may be allowed. Amendments may be allowed by the court, at any time before final judgment, upon such terms as to the court appear just, in the same cases and manner, and to the same extent, as in civil actions. § 18. Answer, what to contain. All matters in excuse, justification or avoidance of the allegations in the complaint, shall be set up in the answer. 19. Compelling return from justice. The appellate court has power to compel the justice, by attachment, to make or amend any return which is withheld, or insufficiently or improperly made. § 20. Schedule of forms. The following or equivalent forms shall be used in proceedings under this chapter, to wit: State of Minnesota, County of Whereas,... } SS. FORM OF SUMMONS. The State of Minnesota, To the sheriff or any constable of the county aforesaid: hath exhibited unto a justice of the peace, in and for said county aforesaid, a complaint against on the.... ....of... for that the said.... at............ (here insert the subtherefore you are hereby comif to be found in the said ....day of.... stance of the complaint with legal certainty;) on. at.......... of the clock in the........noon, then and there to make answer to, and defend against the complaint aforesaid, and further to be dealt with according to law; and make due return to me of this summons, with your doings thereon. Dated at..... this............day of............, in the year one thousand, eight hundred and.. J. P., justice of the peace. FORM OF WRIT OF RESTITUTION. State of Minnesota,} SS. The State of Minnesota, County To the sheriff or any constable of the county aforesaid: before. at the court of inquiry Whereas,.... of an unlawful or forcible entry and unlawful detainer, held at..... in the county aforesaid, on the..... .....day of.... ......, one thousand eight hundred and....... .., a justice of the peace in and for the county aforesaid, by the consideration of the court, recovered judgment against..... ..... to have restitution of,... ..(here describe the premises as in the complaint); therefore you are hereby commanded, that, taking with you the force of the county, if necessary, you cause the said... .to be immediately removed from the aforesaid premises, and the said. ......to have peaceable restitution of the same; you are also hereby commanded, that of the goods and chattels of the said... within said county, you cause to be levied, and, the same being disposed of according to law, to be paid to the said...... taxed against said... the sum of..... for the said... ..., being the cost ., at the court aforesaid, together with twenty-five cents for this writ; and thereof, together with this writ, make due return, within thirty days from the date hereof, according to law. Dated at.... thousand eight hundred and.. At a court of inquiry, held at..... day of.... one thousand eight hundred and....... a justice of the peace in and for the county of.. ..before respondent, the jury find the facts alleged in the said complaint are true, that the said ..is guilty thereof, and the said... ...ought to have restitution of the premises therein described, without delay; (or, in case the jury do not find the allegation of complaint proved, the jury find that the facts alleged in the same complaint are not proved, and that the said ....is not guilty thereof). C. D., foreman. CHAPTER LX X X V. ACTIONS BY PERSONS HOLDING CLAIMS ON UNITED STATES LANDS. § 1. Settler may maintain action for possession, or for injuries thereto. Any person settled upon any of the public lands belonging to the United States, on which settlement is not expressly prohibited by congress or some department of the general government, may maintain an action for injuries done to the possession thereof, or to recover the possession thereof. § 2. Plaintiff's claim defined. On the trial of any such cause, the possession or possessory right of the plaintiff shall be considered as extending to the boundaries embraced by the claim of such plaintiff, so as to enable him to have and maintain either of the aforesaid actions, without being compelled to prove a natural inclosure: provided, that such claim shall not exceed in any case one hundred and sixty acres; and the same may be located in two different parcels, to suit the convenience of the holder. § 3. Claim shall be marked-action must be by actual settler. Every such claim, to entitle the holder to maintain either of the aforesaid actions, shall be marked out so that the boundaries thereof may be easily traced, and the extent of such claim easily known; and no person shall be entitled to maintain either of said actions for possession of, or any injury done to, any claim, unless he is an actual settler, or causes the land to be constantly occupied, and has improvements, made thereon, to the amount of fifty dollars. § 4. Abandonment of claim. A neglect to occupy or cultivate such claim, for the period of six months, shall be considered such an abandonment as to preclude the claimant from maintaining either of the aforesaid actions. § 1. Appeal from judgment or order of district court. A judgment or order, in a civil action, in any of the district courts, may be removed to the supreme court, by appeal, as provided in this chapter, and not otherwise. 1 M. 231 (301); 3 M. 123 (191); 4 M. 273 (364) : 11 M. 132 (203); 17 M. 61 ; 21 M. 1. § 2. Title of action, on appeal. The party appealing is known as the appellant, and the adverse party as the respondent; but the title of the action is not to be changed in consequence of the appeal. §3. Notice of appeal-service-effect. An appeal shall be made by the service of a notice in writing, on the adverse party, and on the clerk with whom the judgment or order appealed from is entered, stating the appeal from the same, or some specified part thereof. When a party gives, in good faith, notice of appeal from a judgment or order, and omits, through mistake, to do any other act necessary to perfect the appeal, or to stay proceedings, the court may permit an amendment on such terms as may be just. 9 M. 217 (232). $ 4. Return to supreme court. Upon an appeal being perfected, the clerk shall transmit to the supreme court a certified copy of the judgment-roll, or order appealed from, and the papers upon which the order was granted, at the expense of the appellant. When a case is made, or bill of exceptions allowed, it may, for the purpose of the appeal, stand in place of or be attached to the judgment-roll, and certified to the appellate court as aforesaid. 1 M. 231 (297); 2 M. 93 (113); 11 M. 302 (410); 21 M. 331. § 5. Powers of appellate court. 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, if necessary or proper, order a new trial. When the judgment is reversed or modified, the appellate court may make complete restitution of all the property and rights lost by the erroneous judgment. 3 M. 86 (141), 92 (147); 6 M 372 (535). § 6. Within what time to be taken. The appeal from a judgment hereafter rendered may be taken within six months after the entry thereof, and from an order within thirty days after written notice of the same. (As amended 1869, c. 70, §1.) 5 M. 10 (23); 9 M. 301 (318); 14 M. 526; 22 M. 559. § 7. Papers to be furnished by appellant. The appellant shall furnish the court with copies of the notice of appeal, and of the order or judgment-roll. If he fails to do so, the appeal may be dismissed. 21 M. 331. § 8. Appeal to supreme court in what cases. An appeal may be taken to the supreme court, by the aggrieved party, in the following cases: 11 M. 132 (203); 17 M. 61; 21 M. 1. First. From a judgment in an action commenced in the district court, or brought there from another court from any judgment rendered in such court, and, upon the appeal from such judgment, the court may review any intermediate order involving the merits, or necessarily affecting the judgment. 3 M. 249 (352), 252 (359); 6 M. 155 (235); 8 M. 417 (467); 20 M. 245. Second. From an order granting or refusing a provisional remedy, or which grants, refuses, dissolves, or refuses to dissolve an injunction, or an order vacating or sustaining an attachment; 1 M. 190 (239): 11 M. 262 (34); 12 M. 351; 14 M. 125; 21 M. 39. Third. From an order involving the merits of the action, or some part thereof. 2 M. 95 (118); 4 M. 236 (320); 5 M. 279 (347); 6 M. 82 (136), 394 (558); 8 M. 417 (467); 10 M. 136 (168), 155 (192), 224 (285); 12 M. 60, 349, 357, 515; 13 M. 66; 14 M. 333, 513; 15 M. 43, 185; 18 M. 316; 19 M. 132; 21 M. 336; 22 M. 539. Fourth. From an order granting or refusing a new trial, or from an order sustaining or overruling a demurrer. (As amended 1867, c. 63, § 1.) 1 M. 234 (301); 2 M. 25 (34), 187 (224): 3 M. 249 (352); 9 M. 141 (151); 12 M. 388; 13 M. 260. Fifth. From an order, which, in effect, determines the action, and prevents a judgment from which an appeal might be taken; 2 M. 37 (50); 3 M. 252 (359); 5 M. 14 (27); 16 M. 177. Sixth. From a final order affecting a substantial right, made in a special proceeding, or upon a summary application in an action after judgment. I M. 97 (121), 157 (183); 4 M. 163 (224), 236 (320); 5 M. 47 (65); 6 M. 386 (550), 394 (558); ¡ M. 254 (325), 399 (493); 8 M. 185 (214); 9 M. 153 (166); 10 M. 45 (63); 11 M. 168 (253), 276 (381); 15 M. 230; 16 M. 13, 451; 18 M. 384; 22 M. 452, 542. § 9. Bond for costs-deposit. To render an appeal effectual for any purpose, a bond shall be executed by the appellant, with at least two sureties, conditioned that the appellant will pay all costs and charges which may be awarded against him on the appeal, not exceeding the penalty of the bond, which shall be at least two hundred and fifty dollars; or that sum shall be deposited with the clerk with whom the judgment or order was entered, to abide the judgment of the court of appeal; but such bond or deposit may be waived by a written consent on the part of the respondent. $10. Appeal from order-supersedeas bond. Such appeal, when taken from an order, shall stay all proceedings thereon, and save all rights affected thereby, if the appellant, or some one in his behalf, as principal, executes a bond, in such sum, and with such sureties, as the judge making the order, or in case he cannot act, the court commissioner or clerk of the court where the order is filed, directs and approves, conditioned to pay the costs of said appeal, and the damages sustained by the respondent in consequence thereof, if said order or any part thereof is affirmed, or said appeal dismissed, and abide and satisfy the judgment or order which the appellate court may give therein; which bond shall be filed in the office of said clerk. 11 M. 184 (271) ; 12 M. 161. § 11. Appeal from money judgment-supersedeas bond. If the appeal is from a judgment directing the payment of money, it does not stay the execution of the judgment, unless a bond is executed by the appellant, with at least two sureties, conditioned that if the judgment appealed from, or any part thereof, is affirmed, the appellant will pay the amount directed to be paid by the judgment, or the part of such amount as to which the judgment is affirmed, if it is affirmed only in part, and all damages which are awarded against the appellant upon the appeal. 13 M. 407. § 12. From judgments for delivery of chattels, etc.-stay. If the judgment appealed from, directs the assignment or delivery of documents, or personal property, the execution of the judgmeut is not stayed by appeal, unless the things required to be assigned or delivered are brought into court, or placed in the custody of such officer or receiver as the court may appoint; or unless a bond is executed by the appellant, with at least two sureties, and in such amount as the court or judge thereof may direct, conditioned that the appellant will obey the order of the appellate court upon the appeal. § 13. From judgment directing conveyance-stay. If the judgment appealed from directs the execution of a conveyance, or other instrument, the execution of the judgment is not stayed by the appeal, until the instrument is executed, and deposited with the clerk with whom the judgment is entered, to abide the judgment of the appellate court. § 14. From judgment directing sale, etc., of real estate-supersedeas bond. If the judgment appealed from directs the sale or delivery of possession of real property, the execution of the same is not stayed, unless a bond is executed on the part of the appellant, with two sureties, conditioned 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 is 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. § 15. Stay of proceedings-extent thereof. Whenever an appeal is perfected, as provided by sections eleven, twelve and fourteen, it stays all further proceedings in the court below, upon the judgment appealed from, or upon the matter embraced therein; but the court below may proceed upon any other matter |