§ 312. 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 may, when it is necessary or proper, order a new trial.

§ 313. The appeal mentioned in sections 307 and 308 must be taken, within sixty days after written notice of the judgment or order shall have been given to the party appealing.

§ 314. The appellant shall furnish the appellate court with copies of the notice of appeal, and of the order or judgment appealed from, and of all other papers transmitted with it, to the appellate court. If the appellant fail to do so, the appeal shall be dismissed, unless the court otherwise order.

§ 315. To render an appeal effectual for any purpose, a written undertaking must be executed, on the part of the appellant, by at least two sureties, to the effect that the appellant will pay all costs and damages that may be awarded against him on the appeal, not exceeding two hundred and fifty dollars, or that sum must be deposited with the clerk, with whom the judgment or order appealed from was entered, to abide the event of the appeal. The undertaking must be filed with the clerk.

TITLE II.

Order for the production of a person to testify or to answer in certain cases.

§ 316. The writ of habeas corpus to bring up a person to t stify, or to answer a claim of title to his services, is abolished.

§ 317. Every court of record shall have power, upon the application of a party to any action or proceeding, ing, civil or criminal, pending in such court, to make an order, for the purpose of producing before the court any prisoner, who may be detained in any jail or prison within the state, for any cause except a sentence for felony, to be examined as a witness in such action or proceeding, in behalf of the party making the application.

§ 318. Every such application shall be verified by affidavit, and shall state,

1. The title and nature of the action or proceeding, in regard to which the testimony of such prisoner is desired, and

2. That the testimony of such prisoner is material and necessary to such party, on the trial or hearing of such action or proceeding, as he is advised by counsel and verily believes.

If the application be made by the attorney-general or the district-attorney, it shall not be necessary to swear to the advice of counsel.

§ 319. Such order may also be made by a judge of the supreme court or a county judge, upon the like application of a party to an action or proceeding pending in a court of record, or pending before any officer or body, authorised to examine witnesses, in any action or proceeding.

§ 320. Such order may also be made by any of the judges aforesaid, upon the application of a party to an action before a justice of the peace, to bring any prisoner confined in the jail of the same county, or the county next adjoining that where such justice may reside, before such justice to be examined as a witness.

§ 321. When a person shall be in execution on civil process, or committed on a criminal charge, and an order shall be made, to bring the body of such prisoner before a court, to testify or to answer for a contempt or other matter, and if it be answered to the order, that the prisoner is charged in execution or committed as aforesaid, he shall be remanded, after having testified or answered, and if an order or commitment be made against such prisoner, he shall be so committed to the prison from which he was taken.

§ 322. Nothing contained in this part shall affect an an action or proceeding already commenced.

PART IV.

Of Jurors.

TITLE I. Of jurors generally, and the lists of grand and trial juries.

II. Of drawing from the trial jury box, and summoning and empannelling trial juries, in civil actions.

III. Of juries and jury trials in courts of justices of the peace, and justices' and other inferior courts in cities.

TITLE I.

Of jurors generally, and the lists of grand and trial juries.

§ 323. At the next, and at each succeeding annual meeting of the assessors of the several towns and wards in this state, to be held on or before the first day of August in each year, for the purpose of completing the assessment rolls, the assessors of the several towns and wards shall select, from the assessment roll, names to form the jury list, for such town or ward, to serve for one year, as county jurors, and for the next succeeding year thereafter, as town or ward jurors.

§ 324. Thirty-six jurors shall be selected for each town or ward; and when it contains over one thousand in

habitants, by the latest state or national census, two additional jurors for every hundred inhabitants over one thousand.

§ 325. A juror shall be,

1. A male inhabitant of the town in which he is selected, and not exempt from serving on juries:

2. Over twety one, and under sixty years of age:

3. In the possession of his natural faculties, and not decrepid :

4. Of good moral character, sound judgment, and well informed; and,

5. Subject to be assessed for personal property belonging to him; or, having a freehold estate in the county, in his own right, or in right of his wife, of the value of one hundred and fifty dollars; or, subject to assessment for land, in his possession, which he holds under contract for the purchase thereof, upon which improvements have been made, of the value of one hundred and fifty dollars.

§ 326. A fair copy of the jury list shall be made, and left with one of the assessors; notices shall also, forthwith be put up, at three or more public places in the town or ward, either with or separate from the notice required by statute of the completion of the assessment roll, stating that the annual jury list is made out, and is left with such assessor at a specified place for examination and correction, during twenty days.