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