Page:United States Statutes at Large Volume 47 Part 1.djvu/918

 894 72d C ONGRESS. SESS. II. CH. 110 . FE BRUAR Y 21, 1933 . rights of the parties, refusing to grant a change of the place of trial, allowing or refusing to allow an amendment to a pleading, striking out a pleading or a portion thereof, an order made upon ex parts application, an order or decision made in the absence of a party and instructions given or refused, are deemed to have been excepted to ." SEC. 78. That section 214 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows Dill of exceptions . " SEC. 214. Where a party desires to have the exceptions settled in Prep arat ion, de- livery, etc. a bill of exc eption s, the draft of a bill mu st be prepar ed by him an d present ed, upon notice of at least two day s to the adverse p arty, to the judge for settlement within ten days after the announcement of the verdict, unless further time is granted by the judge, or within that period the draft must be delivered to the clerk of the court for the judge. When received by the clerk, he must deliver it to the judge, or transmit it to him at the earliest period practicable. When se ttled, the b ill mu st be signed by the judge and f iled w ith the clerk of the court. If the judge in any case refuses to allow an exce ption in acc ordanc e with the f acts, t he par ty des iring the bi ll settle d may app ly by pet ition to the Unit ed States Circuit Court of Appeals for the Fifth Circuit to prove the same. The application may be made in the mode and manner and under such regulations as that court may prescribe ; and the bill s when proven, must be certified by the court as correct, and filed with the clerk of the court in which the action was tried, and when. so filed, it has the same force and effect as if settled by the judge who tried the cause. If the judge who presided at the trial ceases to hold office before the bill is t endered o r settled, he may neverthel ess settl e such bi ll, or the party may, as provided in this section, apply to the Circuit Court of Appeals for the Fifth Circuit to prove the same ." SEC . 79. That section 215 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows Contents and form . "SEC. 215 . A bill of exceptions must contain only so much of the evidence as may be necessary to present clearly the questions of law inv olved in the rulin gs to which excepti ons ar e rese rved, and such evidence as is embraced therein shall be set forth in condensed and narrative form, save as a proper understanding of the questions presented may requ ire that parts of it be set forth ot herwise. " SEC. 80 . That the Code ofCriminal Procedure for the Canal Zone is hereby amended by inserting therein, following section 215, a new section numbered 215a, to read as follows ~u Matter not to be in- " SEC. 215a. No bill of exceptions shall be allowed which shall contain the charge of the court at large to the jury, upon any general exception to the whole of such charge. But the party excepting shall be required to state distinctly the several matters of law, in such charge to which he excepts ; and those matters of law, and those only, shall be inserted in the bill of exceptions and allowed by the court .' SEC. 81 . That sectio n 219 of the Code of Cri minal P rocedu re for the Canal Zone is hereby amended to read as follows Motion for n ew trial . " SEC . 219 . A motion for a new trial shall be made only after When may be made . verdict of th e jury or de cision by th e court, and before judgm ent . Such moti on shall be filed within fi ve days a fter verd ict of th e jury or decisi on by the court, u nless, fo r good Writing, etc . judge, within such five-day period, extends such time . Such motion shall be in writing and must set out specifically the grounds upon which the same is made . When a ground of a motion is the insuffi- ciency of the evid ence to j ustify th e verdict or decis ion, the motion must specify the particulars in which the evidence is alleged to be insufficient . If a ground of the motion be error in law occurring
 * ause shown, the court or