pellate court a certified copy of the notice of appeal and of the judgment roll. Amended Cole, § 328. § 1168. Upon an appeal from a judgment, the court may review any intermediate order, involving the merits, and necessarily affecting the judgment. Amended Code, § 329. § 1169. 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 property and rights lost by the erroneous judg ment. Amended Code, § 330. § 1170. The appeal allowed by the second and third chapters of this title, must be taken within two years after the judgment, if heretofore rendered, and within one year after a judgment hereafter rendered. Amended Code, § 331, changed so as to reduce the time for appealing from judgments rendered hereafter, see next note. 1171. The appeal allowed by the fourth chapter of this title, must be taken, within sixty days after written notice of the judgment or order shall have been given. to the party appealing. Amended Cole, § 332, changed so as to extend the time from thirty to sixty days. Two years after judgment are deemed too long a time, producing unnecessary delay in the final settlement of the rights of parties. On the other hand, thirty days are too short a limitation for appeals, requiring the same security and the same delibeliberation. § 1172. The appellant must furnish the court with copies of the notice of appeal, and of the order or judgment roll. If he fail to do so, the appeal may be dismissed. Original Code, § 281. CHAPTER II. APPEALS TO THE COURT OF APPEALS. SECTION 1173. Appeal in what cases taken. 1174. Security must be given to pay damages, costs and charges. 1176. If to deliver documents, they must be deposited. 1177. If to execute conveyance, it must be deposited. 1178. If to deliver property, security for, also on mortgage sale. 1179. Security given, proceedings stayed. 1180. Respondent may enforce judgment in certain cases, on giving secu rity, notwithstanding appeal. 1181. Undertakings in one instrument or several. 1182. Security to be approved, and to justify. 1183. Perishable property may be sold. § 1173. An appeal may be taken to the court of appeals, in the cases mentioned in section 28. Amended Code, § 333. § 1174. 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 damages, costs and charges, which 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 was entered, to abide the event of the appeal. But such undertaking or deposit may be waived by a written consent on the part of the respondent. Amended Code, § 334. § 1175. If the appeal be from a judgment directing the payment of money, it does not stay the execution of the judgment, unless a written undertaking be executed on the part ef the appellant, by at least two sureties, to the effect that if the judgment appealed from, or any part thereof, be 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 shall be affirmed, if it be affirmed only in part, and all damages which shall be awarded against the appellant, upon the appeal. Amended Code, sec. 335. § 1176. If the judgment appealed from, direct the assignment or delivery of documents, or personal property, the execution of the judgment is not stayed by appeal unless the things required to be assigned or delivered, be brought into court, or placed in the custody of such officer or receiver as the court may appoint, or unless an undertaking be entered into, on the part of the appellant, by at least two sureties, and in such amount as the court or a judge thereof, or county judge may direct, to the effect that the appellant will obey the order of the appellate court, upon the appeal. §1177. If the judgment appealed from, direct 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. Amended Code, § 337... I § 1178. If the judgment appealed from, direct the sale or delivery of possession of real property, the execution of the same is not stayed, unless a written undertaking be executed on the part of the appellant, with two sureties, to the effect, 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 be affirmed, he will pay the value of the use and occupation of the property, from the time of the appeal until the delivery of possession thereof, pursuant to the judgment, not exceeding a sum to be fixed by a judge of the court by which the judg ment was rendered, and which must be specified in the undertaking. When the judgment is for the sale of mortgaged premises, and the payment of a deficiency arising upon the sale, the undertaking must also provide for the payment of such deficiency. 1179, Whenever an appeal is perfected, as provided by sections 1175, 1176, 1177, and 1178, 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 included in the action, and not affected by the judgment appealed from. And the court below may, in its discretion, dispense with, or limit, the security required by sections 1175, 1176, and 1178, when the appellant is an executor, administrator, trustee, or other person acting in another's right; and may also in all cases limit such security to an amount not less than fifty thousand dollars. “Amended Code, § 339, modified by the addition of the last sentence. § 1180. In an action arising on contract, notwithstanding an appeal and security given for a stay of proceedings thereon, if the respondent give adequate security to make restitution, in case the judgment is reversed or modified, he may, upon leave obtained from the court below, proceed to enforce the judgment. Such security must be an undertaking, executed to the appellant, by at least two sufficient sureties, to the effect, that if the judgment be reversed or modified, the respondent will make such restitution as the appellate court may direct. The object of this section is to secure to a party, who has obtained a judgment, the benefit of it, notwithstanding an appeal, if he will give adequate security to make restitution, in case the judgment is reversed. This appears to be reasonable, inasmuch as the recovery of the judgment creates a strong presumption, that the amount of it is due to the credi tor. If parties are equally willing to give security to abide by the judgment of an appellate court, he, whose right to the subject of the litigation has been affirined by the decision of a |