[4] We have strictly construed ยง 46-17-311, MCA, against the State when it failed to perfect an appeal. See State v. Province (1987), 226 Mont. 425, 426, 735 P.2d 1128, 1129. The plain language of ยง 46-17-311, MCA, requires the justice court to transfer the entire record of the court of limited jurisdiction to the district court.
"(2) A party may appeal to the district court by giving written notice of his intention to appeal within 10 days after judgment, except that the state may only appeal in the cases provided for in 46-20-103." This statute is the only method by which a district court can acquire jurisdiction over an appeal from justice court. Because the right to appeal is given exclusively by statute, we have consistently held that strict compliance with Section 46-17-311, MCA, is necessary to perfect an appeal. State v. Hartford (Mont. 1987), [ 228 Mont. 254,] 741 P.2d 1337, 1338, 44 St.Rep. 1500, 1501; State v. Province (Mont. 1987), [ 226 Mont. 425,] 735 P.2d 1128, 1129, 44 St.Rep. 775, 776 Strict compliance with the statute requires that notice be given in a timely manner.
This history behind the adoption of Article VII, Section 4(2), calls into question this Court's past assumption that the right to appeal from a court of limited jurisdiction to a district court is "purely statutory." In State v. Province, 226 Mont. 425, 735 P.2d 1128 (1987), in the context of addressing an appeal by the State from justice court to district court and then to this Court, we observed-without citation to any authority-that "[r]egardless of which party is appealing, this Court has consistently held that compliance with the statute is required to perfect an appeal because it is exclusively a statutory right." Province, 226 Mont. at 426, 735 P.2d at 1129 (emphasis added).
Compliance with the statute is required to perfect an appeal from a Justice Court to the District Court because an appeal is exclusively a statutory right. State v. Province (Mont. 1987), [ 226 Mont. 425,] 735 P.2d 1128; State v. Mortenson (1978), 175 Mont. 403, 574 P.2d 581. (Emphasis added.) Moreover, statutes relating to appeals are mandatory and jurisdictional and prohibitory and jurisdictional in that they limit the right of appeal to the method expressly provided by statute.
Compliance with the statute is required to perfect an appeal from a Justice Court to the District Court because an appeal is exclusively a statutory right. State v. Province (Mont. 1987), [ 226 Mont. 425,] 735 P.2d 1128, 44 St.Rep. 775, 776; State v. Mortenson (1978), 175 Mont. 403, 574 P.2d 581. Without a timely notice of appeal, the District Court does not gain jurisdiction to consider an appeal from the Justice Court. State ex rel. Graveley v. District Court (1978), 178 Mont. 1, 592 P.2d 166, State v. Frodsham (1961), 139 Mont. 222, 362 P.2d 413.