Page:United States Statutes at Large Volume 47 Part 1.djvu/986

 962 12d C ONGRESS. SESS. II. CH. 127 . FEBRUARY 27, 1933 . trial settled in a bill of exceptions, he may, at any time thereafter, and w ithin ten days after the entry of j udgme nt, if the acti on was tried wit h a jury, or after receiving notice of the entry of judgment, if the action was tried without a jury, or if proceedings on motion for a new trial be pending, within ten days after notice of decision denying said motion, or other determination thereof, or such furth er ti me as the court in w hich the a ction is p endin g, or the judge thereof, may allow, prepare the draft of a bil l, and ser ve the same, or a copy thereof, up on the adv er se party. Contents of draft. CONTENTS OF DRAFT .-S uc h draft mu st co nta in all the exceptions and proceedings taken upon which the party relies, and may con- ta in all matters reviewable on the sa me appeal whether occurring at the tri al or on m otion for a new trial. It may also contain a statement of any matters occurring upon the trial, in the presence of the court, showing any of the matters mentioned in subdivisions Post, p. 963. one and two of section 324 . Adverse party may ADVERSE PARTY MAY PROPOSE AM ENDME NTS .-With in ten da ys after propose amendments . such service, the adverse party may propose amendments thereto, and serve the same or, a copy thereof, upon the other party. Delivery to judge. DELIVERY TO THE JUDGE .--The pro po sed b ill and am end me nts must, within ten days thereafter be presented by the party seeking the settl ement of the bi ll, to the judg e who trie d or heard the case, up on fi ve days' notice to the adverse party, or be delivered to the clerk of the court for the judge. When received by the clerk hE mu st immediately deliver th em to the judge if he is in the Canal Zone ; if he is absent from the Zone, and either party desires the paper to be forwarded to the judge, the clerk must, upon notice in wri ti ng of su ch party, immediately for wa rd th em by mail, or oth er safe channel ; if not thus forwarded the clerk must deliver them to the judg e imm ediat ely a fter his r eturn to the Zone. Judge to, designate JUDGE To DESIG NATE TIME OF SETTLING .-When received from the ti me o fsett ling . clerk, the judge must designate the time at which he will settle the bill, and the clerk must immediately notify the parties of such designation . At the time designated the judge must settle the bill. The bill must thereupon be engrossed and presented to the judge to be certified, by the party presenting it, within ten days. Action tried before ACT ION T RIED BEFOR E REFEREE .-If the action was tried before a refer ee. referee, the proposed bill, with the amendments, if any, must be presented to suc h ref er ee for settlement within ten d ays after ser v- ice of the amend ments , upo n not ice of fiv e day s to the a dvers e par ty, and thereupon the referee must settle the bi ll. If no amendments are served or if served are allowed, the proposed bill may be pre- sen te d, wi th the amendments, if any, to the judge or referee, for settle ment witho ut no tice to the adv erse party. Judge to strike out JUDGE TO STRIKE OUT USELESS MATTER .-It is the duty of the judgs useless matter. or referee, in settling the bill, to strike out of it all redundant and useless matter, so that the exceptions and proceedings may be pre- sented as briefly as possible. W hen s ettle d, the bil l mus t be signe d by the judge or refer ee, w ith h is ce rtifi cate to the effect that the same is allowed, and must then be filed with the clerk. Service when default entered. Nor To BE SERVED ON PARTY WHEN DEFAULT ENTERED.-No bill of. exceptions, notice of appeal, or notice or paper, other than amend- ments to the pleadings or an amended pleading, need be served upon any party whose default has been duly entered, or who has not appeared in the action or proceeding. judg merti ons a fter SEC . 320 . ExcEPTioNs AFTER JUDGMENT .-Exceptions to any deci- sion made after judgment may be presented to the judge at the time of such decision, and be settled or noted, as provided in section 318, or a bill there of may be prese nted and s ettle d aft erwar d, as pro-