Page:United States Statutes at Large Volume 47 Part 1.djvu/987

 72d CONGRESS. SESS. II. CH, 127 . FEBR UARY 27, 1933 . 963 vided i n sectio n 319, an d within like pe riods af ter writ ten noti ce of entry of the order, upon appeal from which such decision is revie wable. SEC. 321. PROCEEDINGS IF JUDGE REFUSE TO ALLOW BILL OF EXCEP- Proceedings if bill of TloNs.-If the judge in any case refuses to allow a bill of exceptions exceptions refused. i n accord ance wit h the fa cts, the party de siring t he bill settled may apply by petition to the United 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, 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 t he cause. SEC. 322 . SETTLEMENT OF BILL OF ExCEPTIONs .-When the decision settlement of bill of excepted to was made by any judicial officer, other than a judge, the exceptions . bill of exceptions shall be presented to such judicial officer, and be settled and signed by him in the same manner as it is required to be presented to, settled, find signed by a court or judge. A judge or judicial officer may settle and sign a bill of exceptions after, as well as before, he ceases to be such judge or judicial officer. If suc h judge or judici al officer, before the bill of exce ptions is settled, dies, is removed from office, becomes disqualified, is absent from the Canal Zone, or refuses to settle the bill of exceptions, or if no mode is provided by law for the settlement of the same, it shall be settled and certified in such manner as the circuit court of appeals may, by its order or rules, direct. NEW TRIALS SEC. 323. NEW TRIAL DEFINED .-A new trial is a reexamination of an issue of fact in the same court after a trial and decision by a jury, court, or referee. SEC. 324. WHEN NEW TRIAL MAY BE GR AN TE D .-The former ver dict or other decision may be vacated and a new trial granted, on the application of the party aggrieved, for any of the following causes, materially affecting the susbtantial rights of such party 1 . Irregularity -in the proceedings of the court, jury, or adverse party, or any order of the court or abuse of discretion by which either party was prevented from having a fair trial ; 2. Misconduct of the jury ; and whenever any one or more of the jurors have been induced to assent to any general or special verdict, or to a finding on any,question submitted to them by the court, by a resort to the deter mination of chance, such misconduct may be proved by the affidavit of any one of the jurors ; 3 . Accident or surprise, which ordinary prudence could not have guarded against ; 4. Newly discovered evidence, material for the party making the application, which he could not, with reasonable diligence, have discovered and produced at the trial ; 5. Exc essi ve d amag es, appearing to have been give n un der the influence of passion or prejudice ; 6. Insufficiency of the evidence to justify the verdict or other decision, or that it is agains t law ; 7. Error in law, occurring at the trial and excepted to by the party makin g the appli catio n. When a new trial is granted upon the ground of the insufficiency of the evidence to sustain the verdict, the order shall so specify otherwise, on appeal from such order, it will be presumed that the order was not based upon that ground. New trials. Defined. wben granted. I I I i