Page:United States Statutes at Large Volume 47 Part 1.djvu/1021

 72d C ONGRESS. SESS. II. CH. 127 . FEBRUARY 27, 1933. 997 SEa. 497. STAY OF PROCEEDINGS ON FILING UNDERTAKING .-I f an stay of proceedings. exe cution be issued on the filing o f the undertakin g staying procee d- ings, the magistrate must, by order, direct the officer to stay all proceedings on the same. Su ch officer must, upon payment of his fees for services rendered on the execution, thereupon relinquish all property levied upon and deliver the same to the judgment debtor. together with all moneys collected from sales or otherwise. If his fees be not paid, the officer may retain so much of the property or proceeds thereof as may be necessary to pay the same. SEC. 498. POWERS OF DISTRICT COURT ON APPEAL.-Upon an appeal cou Po onspopeal district heard upon a statement of the case, the district court may review all orders affecting the judgment appealed from, and may set aside, or confirm or modify any or all of the proceedings subsequent to and depe ndent up on such Judgment, and ma y, if nec essary o r proper , order a new trial. When the action is tried anew, on appeal, the trial must be conducted in all respects as other trials in the dis- trict court. The provisions of this code as to changing the place of trial and all the provisions as to trials in the district court, are applicaile to trials on appeal in the district court. For a failure to prosecute an appeal, or unnecessary delay in bringing it to a hearing, the district court, after notice, may order the appeal to be dismissed, with costs ; and if it appear to such court that the appeal was made solely for delay, it may add to the costs such damages as may b e just, not exce eding 25 per cen t of the judgment appeale d from. Judgments rendered in the district court on appeal shall have the same force and effect and may be enforced in the same manner as~ udgments in actions commenced in the district court. SEC. 499. NO APPEAL EFFECTIVE UNLESS FEES FOR FILING ARE PAID .- No appeal effective unless fees for filing No appeal taken from a judgment rendered in a magistrate's court paid. in civil matters shall be effectual for any purpose whatever unless the appellant shall, at the time of filing the notice of appeal, pay to the magistrate, in addition to the fee payable to the magistrate on appeal, a docket fee of $5 for filing the appeal and for placing the action on the calendar in the district court. U pon tr ansmi tting the papers on appeal, the magistrate shall transmit to the clerk of the dis trict co urt the sum thus deposit ed for f iling th e appeal in the district court and for placing the action on the calendar. No notice of appeal shall be filed unless the fees herein provided for are paid in accordance with the provisions of this section. SEC. 500. DISMISSAL OF APPEALS FROM MAGISTRATE'S COURT WHERE Time limitation on appeal from magic. NOT BROUGHT TO TRIAL WITHIN ONE YEAR.-NO action heretofore or trate's court. hereafter appealed from the magistrate's court to the district court shall be further prosecuted, and no further proceedings shall be haa therein, and all such actions heretofore, or hereafter appealed, must be dismissed by the court to which the same shall have been appealed, on its own motion, or on the motion of any party interested therein, whether named in the complaint as a party or not, where the ap peal - ing party fails to bring s uch appe al to tr ial with in one y ear from the date of filing such appeal in said district court, unless such time be otherwise extended by a written stipulation by the parties to the action filed with the clerk of the district court to which the -appeal is taken. Papera returned on SEC. 501. PAPERS RETURNED ON DISMISSAL OF APPEAL:Upon dis- dfgmiaealf missal of the appeal the clerk of the district court shall return all the papers to the court from which the appeal was taken, and the magis- trate of said court shall have jurisdiction the same as if no appeal had been taken.