Section 1064. Appeal not to stay execution if undertaking is given  


Latest version.
  • An
      appeal from a final judgment awarding to the plaintiff possession of the
      part admeasured and laid off to her does not stay the execution  thereof
      unless  the  court, or a judge thereof, grants an order directing such a
      stay. Such an order shall not be granted if an undertaking is  given  on
      the  part  of  the respondent, with one or more sureties approved by the
      court, or a judge thereof, to the effect that, if the judgment  appealed
      from  is  reversed or modified, and restitution is awarded, she will pay
      to the person entitled thereto the value of the use  and  occupation  of
      the  part  so  admeasured  and  laid  off  to  her,  or  of  the portion
      restitution of which is awarded, during the time  she  holds  possession
      thereof, by virtue of the judgment.