Page:United States Statutes at Large Volume 56 Part 1.djvu/224

 PUBLIC LAWS-C H. 207-APR. 1, 1942 If tried without a case only as to matters of law. If the case shall have been tried jur y - without a jury, The Municipal Court of Appeals for the District of Columbia shall have the power to review both as to the facts and the law, but in such case the judgment of the trial court shall not be set aside except for errors of law or unless it appears that the judgment is plainly wrong or without evidence to support it. (d) This section shall not apply to any judgments rendered prior to the effective date of this Act. btition or revief SEC. 8. Any party aggrieved by any judgment of The Municipal Appeals. Court of Appeals for the District of Columbia may seek a review thereof by the United States Court of Appeals for the District of Columbia by petition for the allowance of an appeal. The petition shall be in writing and shall be filed with the clerk of said United States Court of Appeals within ten days after the entry of such judgment, the contents of the petition to conform to the requirements which said United States Court of Appeals may by rule prescribe. Said Court of Appeals may prescribe rules governing the practice and procedure on such applications, the preparation of and the time for filing the transcript of the record in such cases, and generally to regulate all matters relating to appeals in such cases. If said Court of Appeals shall allow an appeal, the court shall review the record on appeal and shall affirm, reverse, or modify the order or judgment in accordance with law. anRules of pra" SEC. 9 . (a) The Municipal Court of Appeals for the District of Columbia shall have the power and is hereby directed to prescribe, by rules, the forms of process, writs, pleadings and motions, and practice and procedure in such court, to provide for the efficient administration of justice, and the same shall conform as nearly as may be practicable to the forms, practice, and procedure now obtain- 28 U.s .c.fol723c. ing under the Federal Rules of Civil Procedure. Said rules shall not abridge, enlarge, or modify the substantive rights of any litigant. After their effective date all laws in conflict therewith shall be of no further force or effect. Service of process shall be made by the United States Marshal for the District of Columbia. Disohedience or (b) The Municipal Court of Appeals for the District of Columbia, ontempor any judge thereof, shall have the power to punish for disobedience of any order or contempt committed in the presence of the court by a fine not exceeding $50, or imprisonment not exceeding thirty days. 'ower to censure, SEC. 10. The Municipal Court for the District of Columbia, and t;1orn r exely The Municipal Court of Appeals for the District of Columbia as established by this Act, shall have full power and authority to censure, suspend, or expel from practice, at their respective bars, any attorney for any crime involving moral turpitude, or professional misconduct, Presentation of or any conduct prejudicial to the administration of justice. Before charges. any such attorney is censured, suspended, or expelled, written charges under oath against him must be presented to the court, stating dis- tinctly the grounds of complaint. The court may order the charges to be filed in the office of the clerk of the court and shall fix a time Copy to be served for hearing thereon. Thereupon a certified copy of the charges upon attorney. and order shall be served upon the attorney personnally by the mar- shal or such other person as the court may designate, or in case it is established to the satisfaction of the court that personal service cannot be had, a certified copy of such charges and order shall be served upon him by mail, publication, or otherwise, as the court may Suspension from direct. At any time after the filing of said written charges, the practce. court shall have the power, pending the trial thereof, to suspend from practice at its bar the person charged. [56 STAT.

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