Page:United States Statutes at Large Volume 76A.djvu/609

–513– -513(b) The appeal in cases under this section shall be taken within 10 days after the decision, ruling, or judgment has been rendered by filing in the magistrate's court a written notice of appeal reflecting the basis or bases for the appeal. The appeal shall be diligently prosecuted. (c) Pending the prosecution and determination of the appeal under this section, the defendant shall be admitted to bail on his own recognizance. (d) Upon the perfection of the appeal, the magistrate shall promptly transmit to the district court certified copies of the warrant and complaint together with the transcript of the proceedings reflecting the decision, ruling, or judgment and the magistrate's basis or bases for it, and a copy of the notice of appeal filed with the magistrate's court. (e) The district court may affirm, modify, vacate, set aside, or reverse a decision, ruling, or judgment lawfully brought before it for review under this section, and may remand the cause and direct the entry of such appropriate decision, ruling, or judgment, or require such further proceedings to be had as may be just under the circumstances. § 3927. Withdrawal of appeal by defendant At any time before a trial de novo begins, a defendant who has appealed may give notice in writing to the district court that he withdraws the appeal. Upon receiving the notice, the clerk of the district court shall return to the magistrate, from whose judgment the appeal was taken, all papers forwarded pursuant to section 3923 of this title and a certified copy of defendant's notice of withdrawal. Upon receiving these papers, the magistrate shall forthwith take action to enforce the judgment. Subchapter IV—Criminal Contempts § 3961. Summary disposition A criminal contempt of a magistrate's court may be punished summarily if the magistrate certifies that he saw or heard the conduct constituting the contempt and that it was committed in the actual presence of the court, or in all instances of failure to obey a summons or subpoena of the court if properly served. The order of contempt shall recite the facts and shall be signed by the magistrate and entered in the criminal docket after the defendant is given an opportunity to be heard. § 3962. Disposition; notice and hearing (a) Form of notice; how given Except as provided by section 3961 of this title, a criminal contempt of a magistrate's court shall be prosecuted on notice, and if it occurs in a cause it shall be prosecuted in the cause in which it occurs. The notice shall state the time and place of hearing, allowing a reasonable time for the preparation of the defense, and shall state the essential facts constituting the contempt charged. The notice may be given orally by the magistrate in open court in the presence of the person charged with criminal contempt or, on application of the United States attorney or of an attorney appointed by the magistrate's court for that purpose, by an order to show cause or an order of arrest. (b) Bail If the person charged with criminal contempt gives a good and sufficient bond, or cash deposit in lieu thereof, for his appearance at the hearing, approved by the magistrate, he shall be admitted to bail pending the hearing.

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