Page:United States Statutes at Large Volume 47 Part 1.djvu/1019

72d C ONGRESS . SESS . II. CH. 12 7. FE BRUAR Y 27, 1933 . CHAPTER 1 5 .-APPEALS IN CIVIL ACTIONS REVIEW BY JUDGE OF ORD ERS MADE OUT OF COURT SE C. 489. ORDERS MADE OUT OF COURT, WITHOUT NOTICE, MAY BE REVIEWED BY THE JUDGE .-An order made out of court, without notice to the adverse party, may be va ca ted or modified, without not ic e, by the judge who made it; or may be vacated or mod if ied on notice, in the manner in which oth er mo ti ons are made . APPEALS TO UNITED STATES CIRCUIT COURT OF A PPEAL S SEC. 490 . APPEALS TO CIRCUIT COURT OF APPEALS, HOW GOVERNED .- Appeals from the district court to the United States Circuit Court of Ap peals for the F ifth Circu it are gov erned by s ectio n 9 of the Panama Canal Act, as amended, and by „ 1 of Act Apr . 11, 1928, C . 354, 45 Stat. 422. 995 APP EA LS IN CI VI L ACTIONS . Review of orders made out of court . Appealsto U.S. Cir- cuit Court of Appeals. now governed . Vol. 45, p . 422. Caoss RErntirrccs Time for making application for appeal, see United States Code, title 28, U.s. c.,p. 896. section 230. AP PEALS T O DISTRICT COURT SEC. 491. APPEALS TO DISTRICT CO UR T .-Any party dissatisfied with Appeals to district cou the judgment rendered in a civil action in a magistrate's court, may a ppeal ther efrom to the di stric t cou rt, at any time with in thirty days after notice of the rendition of the judgment . The appea l is taken by f iling a no tice of ap peal with the m agist rate, and s ervin g a c opy on the adve rse party . The n otice must stat e wheth er the app eal is tak en fr om the who le or a pa rt of the judg- ment, and if fr om a part, what part , and whet her the ap peal is taken on questions of law or fact or both . SEC. 492 . APPEAL ON QUESTION OF LAW.-When a party appeals to On question oflaw . the district court on a question of law alone, be must, within ten da ys after notice of the rendition of judgment, prepare a state- ment of the case and file the same with the magistrate . The state- me nt mu st contain the grounds upon which the party intends to rely u pon the ap peal and so muc h of the e vide nce, as may be necessary to explain the grounds, and no more . With in ten day s after receiving notice that the statement is filed, the adverse party, if dissatisfied with the same, may file amendments . The proposed statement and amendments must be settled by the magistrate, and if no amendment be filed the original statements stand as adopted . The statement thus adopted or as settled by the magistrate, with a cop y of the docket of the magistrate, and all mo ti ons filed wit h him by the parties, during the trial and the notice of appeal, may be use d on the hearing of the appeal before the dis tr ict court . SEC. 493. APPEAL ON QUESTIONS OF FACT, OR LAW AND FACT .-When On questions of fact, a par ty ap peals to the di stric t cou rt on ques tions of f act, or on or law and fact . questions of both law and fact, no statement need be made, but the action must be tried anew in the district court . SEC . 494 . TR ANSMI SSION OF PAPERS TO DISTRICT COURT.-Upon p t j ~ƒ a recei ving the n otice of a ppeal , and on p aymen t of the f ees of the magistrate, payable on appeal and not included in the judgment, and filing an unfertaking as required in the next section, and aft er settl ement or a dopti on of stat ement , if any, the m agist rate must, within five days, transmit to the clerk of the district court, if the app eal be on questions of law alone, a certified co py of his do cke t, the statement as admitted or as,settled, the notice of appeal, and the undertaking filed ; or, if the appeal be on questions of fact, or both law and fact, a certified copy of his docket, the pleadings, all notices, motions, and all other papers filed in the cause, the notice