Page:United States Statutes at Large Volume 76A.djvu/441

–345– -345§ 956. Filing of under taking; exception to and justification of sureties The undertaking on appeal shall be filed within five days after the filing of the notice of appeal, and notice of the filing of the undertaking shall be given to the respondent. The adverse party may except to the sufficiency of the sureties within five days after the filing of the undertaking, and unless they or other sureties justify before the magistrate within five days thereafter, upon notice to the adverse party, to the amounts stated in their affidavits, the appeal shall be regarded as if no such undertaking had been given. § 957. Stay of proceedings on filing undertaking If an execution is issued, on the filing of the undertaking staying proceedings, the magistrate shall, by order, direct the officer to stay all proceedings on it. The officer shall, upon payment of his fees for services rendered on the execution, thereupon relinquish all property levied upon and deliver it to the judgment debtor, together with all moneys collected from sales or otherwise. If his fees are not paid, the officer may retain so much of the property or proceeds thereof as may be necessary to pay the fees. § 958. Powers of district court on appeal (a) Upon an appeal heard upon a statement of the case, the district court may review all orders affecting the judgment appealed from, and may set aside, or confirm, or modify any or all of the proceedings, subsequent to and dependent upon the judgment, and may, if necessary or proper, order a new trial. (b) When the action is tried de novo on appeal, the trial shall be conducted in all respects as other trials in the district court. The provisions of this title as to changing the place of trial, and all the provisions as to trials in the district court, are applicable to trials on appeal in the district court. (c) For a failure to prosecute an appeal, or unnecessary delay in bringing it to a hearing, the district court, after notice, may order the appeal to be dismissed, with costs; and if it appears to the court that the appeal was made solely for delay, it may add to the costs such damages as may be just, not exceeding 25 percent of the judgment appealed from. (d) Judgments rendered in the district court on appeal have the same force and effect and may be enforced in the same manner as judgments in actions commenced in the district court. § 959. Dismissal of appeal for failure to bring to trial An action appealed from the magistrate's court to the district court may not be further prosecuted,_and further proceedings may not be had therein, and all appealed actions shall be dismissed by the district court, on its own motion, or on the motion of any party interested therein whether named in the complaint as a party or not, where the appealing party fails to bring the appeal to trial within one year from the date of filing the appeal in the district court, unless the time is otherwise extended by a written stipulation by the parties to the action filed with the clerk of the district court. § 960. Dismissal of appeal; r e t u r n of p a p e r s; jurisdiction of magistrate Upon dismissal of the appeal the clerk of the district court shall return all the papers to the court from which the appeal was taken, and the magistrate shall have jurisdiction the same as if an appeal had not been taken.

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