Same. Punishments for contempts. The conviction person proceeded against is thereby guilty of contempt, and that he be punished as therein prescribed. SEC. 802. When the contempt is not committed in the immediate view and presence of the justice, a warrant of arrest may be issued by such justice, on which the person so guilty may be arrested and brought before the justice immediately, when an opportunity to be heard in his defense or excuse must be given. The justice may thereupon discharge him, or may convict him of the offense. SEC. 803. A justice may punish for contempts by fine or imprisonment, or both; such fine not to exceed in any case one hundred dollars, and such imprisonment one day. SEC. 804. The conviction, specifying particularly must be entered the offense and the judgment thereon, must be entered by the justice in his docket. in docket. Docket, what to contain. SEC. 805. Every justice must keep a book, denominated a "docket," in which must be entered: 1. The title of every action or proceeding; 2. The object of the action or proceeding; and, if a sum of money be claimed, the amount thereof; 3. The date of the summons and the time of its return; and if an order to arrest the defendant be made, or a writ of attachment be issued, a statement of the fact; 4. The time when the parties, or either of them, appear, or their non-appearance, if default be made; a minute of the pleadings and motions, if in writing, referring to them; if not in writing, a concise statement of the material parts of the pleadings; 5. Every adjournment, stating on whose application, and to what time; 6. The demand for a trial by jury, when the same is made, and by whom made, the order for the jury, and the time appointed for the return of the jury, and for the trial; 7. The names of the jurors who appear and are sworn, the names of all witnesses sworn, and at whose request; If 8. The verdict of the jury and when received. the jury disagree and are discharged, the fact of such disagreement and discharge; 9. The judgment of the court, specifying the costs included, and the time when rendered; 10. The issuing of the execution, when issued, and to whom; the renewals thereof, if any, and when made, and a statement of any money paid to the justice, and when and by whom; 11. The receipt of a notice of appeal, if any be given, and of the appeal bond, if any be filed. of the fact. SEC. 806. The several particulars of the last section Entries therein specified must be entered under the title of the action to primary evidence which they relate, and, unless otherwise in this Code provided, at the time when they occur. Such entries in a justice's docket, or a transcript thereof, certified by the justice, or his successor in office, are primary evidence of the facts so stated. dex to docket SEC. 807. A justice must keep an alphabetical index to his docket, in which must be entered the names of the Alphabetical inparties to each judgment, with a reference to the page of must be kept. entry. The names of the plaintiffs must be entered in the index, in the alphabetical order of the first letter of the family name. cessor. SEC. 808. Every justice of the peace, upon the ex- Dockets must be piration of his term of office, must deposit with his suc- delivered to successor his official dockets and all papers filed in his office, as well his own as those of his predecessors or any other which may be in his custody, to be kept as public records. comes vacant, cessor is ap SEC. 809. If the office of a justice become vacant by Proceedings his death, or removal from the precinct, or city, or other- when of ce be wise, before his successor is elected and qualified, the docket and before sucand papers in possession of such justice must be deposited pointed. in the office of some other justice in the precinct or city, to be by him delivered to the successor of such justice. If there is no other justice in the precinct or city, then the docket and papers of such justice must be deposited in the office of the county clerk of the county, to be by him delivered to the successor in office of such justice. process upon the SEC. 810. Any justice with whom the docket of his May issue exepredecessor or of another justice is deposited, has and may cution or other exercise over all actions and proceedings entered in such docket of his docket, the same jurisdiction as if originally commenced predecessor. before him. In case of the creation of a new county, or the change of the boundary between two counties, any justice into whose hands the docket of a justice formerly acting as such within the same territory may come, is for the purposes of this section, considered the successor of such former justice. be deemed, SEC. 811. The justice elected or appointed to fill a Successor of a vacancy, is the successor of the justice whose office became justice, who shail vacant before the expiration of full term. When a full term expires, the same or another person elected to take the office in the same precinct or city, from that time is the successor. If two justices be successors, determine, etc. SEC. 812. When two or more justices are equally entitled, under the last section, to be deemed the successors probate judge to in office of the justice, the judge of the probate court for the county must, by a certificate subscribed by him and filed in the office of the county clerk, designate which justice is the successor of a justice going out of office, or whose office has become vacant. Subpoenas and final process issued to any part of county. Blanks must be filled in all pa SEC. 813. Justices of the peace may issue subpoenas in any action or proceeding in the courts held by them, and final process on any judgment recovered therein, to any part of the county. SEC. 814. The summons, execution, and every other paper made or issued by a justice, except a subpoena, must pers except sub be issued without a blank to be filled by another, otherwise it is void. pœnas. Justice to receive lected, and pay same to parties. SEC. 815. Justices of the peace must receive from all moneys col- the sheriff or constable of their county all moneys collected on any process or order issued from their courts respectively, and must pay the same, and all moneys paid to them in their official capacity, over to the parties entitled or authorized to receive them, without delay. In case of disa another justice may attend on his own Behalf. SEC. 816. In case of the sickness, or other disability, bility of justice, or necessary absence of a justice on a return day of a summons, or at the time appointed for a trial, another justice of the same precinct or city, or an adjoining precinct of the county, may, at his request, attend in his behalf, and thereupon is vested with the power for the time being, of the justice before whom the summons was returnable. In that case, the proper entry of the proceedings before the attending justice, subscribed by him, must be made in the docket of the justice before whom the summons was returnable. If the case is adjourned, the justice before whom the summons was returnable may resume jurisdiction. Security for costs Costs. Provisions of cases, re SEC. 817. Justices of the peace may, in all quire a deposit of money, or an undertaking, as security for costs of court, before issuing a summons. SEC. 818. The prevailing party in justices' courts is entitled to costs of the action, and also of any proceedings taken by him in aid of an execution, issued upon any judgment recovered therein. SEC. 819. Justices' courts being courts of peculiar code applicable. and limited jurisdiction, only those provisions of this Code which are, in their nature, applicable to the organization, powers and course of proceedings in justices' courts, or which have been made applicable by special provisions in this Code, are applicable to justices' courts and the proceedings therein. SEC. 820. In all civil cases arising in justices' courts, Deposit in lieu wherein an undertaking is required as prescribed in this of undertaking. Code, the plaintiff or defendant may deposit with said justice a sum of money equal to the amount of the required undertaking, which may be received and held by the justice in place of said undertaking. TITLE XII. APPEALS IN CIVIL ACTIONS. CHAPTER I. Appeals in General. Judgment and SEC. 825. A judgment or order in a civil action, except when expressly made final, may be reviewed as pre- orders may be scribed in this Code and not otherwise. reviewed. Orders made out notice may be SEC. 826. An order made out of court, without notice to the adverse party, may he vacated or modified of court without without notice, by the judge who made it, or may be reviewed by vacated or modified on notice, in the manner in which other motions are made. judge. SEC. 827. Any party aggrieved may appeal in the Party aggrieved cases prescribed in this Code. The party appealing is may appeal. known as the appellant, and the adverse party as the Names of parties respondent. SEC. 828. An appeal may be taken to the supreme Within what court from the district court: 1. From a final judgment in an action or special proceeding commenced in the court in which the same is rendered, within one year after the entry of judgment. But time appeal may be taken. Appeal, how taken. deposit on ap peal. an exception to the decision or verdict, on the ground that it is not supported by the evidence, cannot be reviewed on an appeal from the judgment, unless the appeal is taken within sixty days after the rendition of the judgment; 2. From a judgment rendered on appeal from an inferior court, within ninety days after the entry of such 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, and from an order confirming, changing, modifying, or setting aside the report in whole or in part of the referees in actions for the partition of real property, in the cases mentioned in the provisions of this Code relative to the partition of real property, within sixty days after the order or interlocutory judgment is made and entered in the minutes of the court, or filed with the clerk. SEC. 829. An appeal is taken by filing with the clerk of the court in which the judgment or order appealed from is entered, a notice stating the appeal from the same, or some specific part thereof, and serving a similar notice on the adverse party or his attorney. The order of service is immaterial, but the appeal is ineffectual for any purpose unless within five days after service of the notice of appeal an undertaking be filed, or a deposit of money be made with the clerk, as hereinafter provided, or the undertaking be waived by the adverse party in writing. SEC. 830. The undertaking on appeal must be in Undertaking or writing, and must 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, or on a dismissal thereof, not exceeding three hundred dollars; or that sum must be deposited with the clerk with whom the judgment or order was entered, to abide the event of the appeal. Undertaking on appeal from a SEC. 831. If the appeal be from a judgment or order directing the payment of money, it does not stay the money judgment execution of the judgment or order, unless a written undertaking be executed on the part of the appellant by two or more sureties, to the effect that they are bound in double the amount named in the judgment or order; that if the |