An appeal from a judgment or order for the payment of money shall not stay the execution of the judgment or order, unless a written undertaking is executed on the part of the appellant, by two or more sureties, stating their places of residence and occupation, to the effect that they are bound in double the amount named in the judgment or order appealed from; and should 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 thereof which shall be affirmed, and all damages and costs which may be awarded against the appellant, and in the kind of money in which the Court to which it is appealed shall order the payment thereof.

The sureties shall file affidavits as to their worth, over all just debts and liabilities, exclusive of property exempt from execution. When the appeal shall be thus perfected, it shall stay all proceedings upon the judgment, until the action of the appellate Court shall be had. The appellee may object to the sureties, as to their sufficiency, and if the objection be well taken, and the appellant, upon five days' notice, fail to give additional security, the appeal shall be regarded as if not taken.

Upon trial in the appellate Court, the successful party is entitled to have the judgment remitted to the Court from which the appeal was taken for execution.

CHAPTER XII.

ESTATES OF DECEASED PERSONS.

Claims against deceased estates must be made within two years after administration begins.

Satisfactory proof of the amount due must be made to the Probate Court; this may be made after expiration of two years, provided notice of the claim be given within the two years.

The executor or administrator of the estate has as long to make final settlement in as the Probate Court will permit, which is usually as long as he can show any unsettled business of the estate.

The widow or other members of the family are entitled to the homestead, and such further allowances as the Probate Court may deem proper for the maintenance of the widow.

The largest discretion is given the Court in making orders respecting the estate.

CHAPTER XIII.

HOMESTEADS.

There shall be allowed homestead exemption, to be selected by the debtor, consisting of lands and appurtenances thereon not exceeding in value one thousand dollars for the judgment debtor, and the further sum of two hundred and fifty dollars for each member of the family, (which, in some instances, amount to thirty or forty, including wives and children.) If the premises amount in value to more than the homestead exemption, it may be ordered sold or partitioned, and in case of sale, the excess over the exemption valuation is subject to execution; and in case of partition, the part divided off from the homestead is subject to sale on execution, the valuation to be made by persons chosen by the debtor and the officers having the execution.

CHAPTER XIV.

DEPOSITIONS

May be taken in any action at any time after service of summons, or the appearance of the defendant, and in a special proceeding after a question of fact has arisen therein, in the following cases:

1. When the witness is a party to the action or proceeding, or a person for whose immediate benefit the action or proceeding is prosecuted or defended.

2. When the witness resides out of the county in which his testimony is to be used.

3. When the witness is about to leave the county where the action is to be tried, and will probably continue absent when his testimony is required.

4. When the witness, otherwise liable to attend the trial, is too infirm to attend, or resides within the county but more than fifty miles from the place of trial.

Either party may have a deposition of a witness taken before a Notary Public, Justice of the Peace, Judge, or Clerk of a Court, by serving notice on the adverse party of the time and place of the examination, together with a copy of the affidavit showing the case to be one of the kind above mentioned. The notice must be served at least five days, and one additional day for every twenty-five miles of distance of the place of examination from the residence of the person served, unless for cause the Court prescribes a shorter time.

The witness may be cross-examined, and after having his testimony carefully examined and read to him, he shall sign it; and the officer taking the deposition shall certify it up to the proper Court, inclosed in an envelope, and addressed to the Clerk of the Court in which the action is pending, or to such person as the parties may agree upon, or transmit through the mail; and such deposition may be used by either party on the trial. No objections to the form of an interrogatory at the trial will be heard, unless made at the time of taking, if the party making the objection is in attendance at the taking.

If a deposition be taken on account of the absence from the county, or intended absence, or because the witness is too infirm to attend, before being used proof must be made by affidavit or oral testimony that the witness' disability continues, to the best of affiant's knowledge. The deposition may be read in case of his death.

Depositions once taken may be read in any stage of the cause by either party, and shall be deemed evidence of the party reading them.

If a deposition be taken out of the Territory, it must be upon a commission issued by the Court, under its seal, upon five days' notice to the adverse party of the application for a commission, and shall be issued to a person to be agreed upon between the parties; and in case of disagreement, then to such person as the Court may appoint, or to a Commissioner appointed by the Governor of this Territory to take affidavits and depositions in the States or Territories.

Such interrogatories, direct and cross, as the parties prepare, or, in case of disagreement, such as the Court shall settle, shall be annexed to the commission. The cause shall not be continued on account of the non-return of the commission and deposition, unless upon evidence satisfactory to the Court, that the testimony of the witness is necessary, and that proper diligence has been used to obtain it.

The statute also provides for the taking of testimony, and for its perpetuation, upon application to the Court, showing that the applicant expects to be a party to an action in this Territory, and giving the names of persons whom he expects will be adverse parties; that the proof of some facts is necessary to perfect the title to property in which he is interested, or to establish a marriage, descent, heirship, or any other matter which it may hereafter become material to establish, though no suit may at the time be anticipated. The names of the witnesses and the general outline of the facts expected to be proven, to be stated. Affidavits or other proofs filed with the testimony shall be prima facie evidence of the facts stated therein. No particular form of the certificate of the officer taking the deposition is prescribed by the statute.