Page:United States Statutes at Large Volume 47 Part 1.djvu/979

 72d C ONGRESS. SESS. II. CH. 127 . FEBRUARY 27, 1933 . 955 2. Upon new matters in the answer, except an issue of law is joined thereon. SEC. 273. ISSUE OF LAW, HOW TRIED.-An issue of law must be tried How tried. by the court, unless it is referred upo n consent. Issue of law. SEC. 274. IssuEs OF FACT, HOW TRIED .-Issues of fact shall be tried issue of fact. by the co urt, excep t whe re a jury is de mande d as provi ded in sec tions 279 and 280 or a reference is ordered as provided in this code. SEC. 275. C LERK MUST ENTER CAUS ES ON THE CALEN DAR, TO REMAIN' Causes to be calen- UNTIL DISPOSED OF; WHEN MAY BE RESTORED .-The clerk must enter dared, etc. c auses upon the calen dar of the cour t acc ordin g to the d ate of issue. Causes o nce placed on the calendar must remain u pon the calendar u ntil finally disposed of ; provided, that causes may be dropped from the calendar by consent of parties, and may be again restored upon n otice. SEC. 276 . PARTIES OR COURT MAY BRING ISSUE TO TRIAL .-Either parties or court may party may bring an issue to trial or to a hearing, and, in the absence bring issue to trial. of the adve rse p arty, unle ss the cou rt, for go od ca use, other wise direct, may proceed with his case, and take a dismissal of the action, or a verdict, or judgment, as the case may require ; provided, however, if the issue to be tried is an issue of fact, proof must first be made to the satisfaction of the court that the adverse part has had five days' notice of such trial. The c ourt or ju dge may on its own m otion bring an issue to tri al or toa hearing. SEC. 277. MOTION TO POSTP ONE A TRIAL FOR ABSENCE OF EVIDENCE OR Motion to pos tpone ; A MATERIAL WITNESS .-A motion to postpone a trial on the ground when can be made. of the absence of evidence can only be made upon affidavit showing the ma teria lity of the evi dence expe cted to be obta ined, and that due diligence has been used to procure it . The court may require the moving party, whe re application is ma de on account of the absence of a material witness, to state upon affidavit the evidence which he expects to obtain ; and if the adverse party thereupon admits that such evidence would be given, and that it be considered as actually given on the trial, or offered and overruled as improper, the trial must not be postponed. SEC. 278. IN CA SES OF ADJOURNMENT A PARTY MAY HA VE THE TEST,_ Deposit ions o f wit. nesses in eases of ad- MONY OF ANY WI TN ESS TAKEN .-The party obtaining a postpone- journment. ment of a trial in the district court must, if required by the adverse party, consent tha t the testimony of any wi tn ess of such adverse party, who is in attendance, be th en taken by deposition before the judge or clerk of the court, or before such notary public as the court may indicate, which must accordingly be done ; and the testimony so taken may be read on the trial, with the same effect and subject to the same objections, as if the witnesses were produces. TRIAL BY JURY Trial by jury. RIGHT TO JURY TRIAL SEC. 279 . RIGHT TO TRIAL BY J URY .-A jury shall be had, on the Rightt o. demand of either party, in any civil case at law originating in the district court. (Acts Cong . Aug. 24, 1912, c. 390, „ 8, 37 Stat. 565; Vol.a7 .p.505 ;Voi .4% Se pt .21,1922,c.370,„2,42Stat .1005; Dec. 29, 1926, c. 19, „ 1, 44' p. 1005, vol . 44, p. 924. Stat . 924.) SEC. 280. REQUEST FOR JURY .-In the trial of any civil cause where Request for. a jury trial may be demanded, if either party shall desire a jury, req ue st therefor must be mad e at the time such cause is assigned for trial.