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lar directions to the constable, as are required by the provisions of chapter 15 of this title, in an exécution to the marshal. 8 924. Renewal of execution
An execution may, at the request of the judgment creditor, be renewed before the expiration of the time fixed for its return, by the word “renewed" written thereon, with the date thereof, and subscribed by the magistrate. The renewal has the effect of an original issue, and may be repeated as often as necessary. If an execution is returned unsatisfied, another may be afterwards issued. 8 925. Duty of constable; execution of writ
The constable to whom the execution is directed shall execute it in the same manner as the marshal is required by the provisions of chapter 15 of this title to proceed upon execution directed to him; and the constable, when the execution is directed to him, is vested for that purpose with the same powers as those of the marshal. 8 926. Proceedings supplemental to execution
Sections 601-608 of this title, relating to proceedings supplemental to execution, apply to the magistrates' courts. § 927. Discharge of persons imprisoned on civil process
Sections 661-672 of this title, relating to the discharge of persons imprisoned on civil process, apply to the magistrates' courts.
Subchapter VIII–Appeals to District Court 8 951. Time for appeal; notice of appeal
Any party dissatisfied with the judgment rendered in a civil action in a magistrate's court may appeal therefrom to the district court, at any time within 30 days after notice of the rendition of the judgment.
The appeal is taken by filing a notice of appeal with the magistrate, and serving a copy on the adverse party. The notice shall state whether the appeal is taken from the whole or a part of the judgment, and if from a part, what part, and whether the appeal is taken on questions of law or fact or both. $ 952. Appeal on question of law
When a party appeals to the district court on a question of law alone, he shall, within 10 days after notice of the rendition of judgment, prepare a statement of the case and file it with the magistrate. The statement shall contain the grounds upon which the party intends to rely upon the appeal, and so much of the evidence as may be necessary to explain the grounds, and no more. Within 10 days after receiving notice that the statement is filed, the adverse party, if dissatisfied with it, may file amendments. The proposed statement and amendments shall be settled by the magistrate, and if an amendment is not filed the original statements stand as adopted. The statement thus adopted or as settled by the magistrate, with a copy of the docket of the magistrate, and all motions filed with him by the parties during the trial, and the notice of appeal, may be used on the hearing of the appeal before the district court. 8 953. Appeal on questions of fact, or law and fact; trial de novo
When a party appeals to the district court on questions of fact, or on questions of both law and fact, a statement need not be made, but the action shall be tried de novo in the district court. § 954. Filing of papers on appeal; benefit of legal objections
(a) Upon receiving the notice of appeal, and on payment of the fees payable on appeal under sections 348 and 349 of Title 3 and not
included in the judgment, and filing an undertaking as required in section 955 of this title, and after settlement or adoption of the statement, if any, the magistrate shall, within five days, transmit to the clerk of the district court:
(1) if the appeal is on questions of law alone, a certified copy of his docket, the statement as admitted or as settled, the notice of appeal, and the undertaking filed; or
(2) if the appeal is on questions of fact, or both law and fact, a certified copy of his docket, the pleadings, all notices, motions, and all other papers filed in the cause, the notice of appeal, and the undertaking filed. (b) The magistrate may be compelled by the district court, by an order entered upon motion, to transmit the papers, and may be fined for neglect or refusal to transmit them. A certified copy of the order may be served on the magistrate by the party or his attorney.
(c) In the district court, either party may have the benefit of all legal objections made in the magistrate's court. $ 955. Undertaking on appeal
(a) An appeal from a magistrate's court is not effectual for any purpose, unless an undertaking is filed with two or more sureties in the sum of $25 for the payment of the costs on the appeal, or, if a stay of proceedings is claimed, in the sum of $25 plus a sum equal to the amount of the judgment, including costs, when the judgment is for the payment of money; or plus twice the value of the property including costs, when the judgment is for the recovery of specific personal property. The undertaking shall be conditioned, when the action is for the recovery of money, that the appellant will pay the amount of the judgment appealed from, and all costs, if the appeal is withdrawn or dismissed, or the amount of any judgment and all costs that may be recovered against him in the action in the district court.
(b) When the action is for the recovery of or to enforce or foreclose a lien on specific personal property, the undertaking shall be conditioned that the appellant will pay the judgment and costs appealed from, and obey the order of the court made therein, if the appeal is withdrawn or dismissed, or any judgment and costs that may be recovered against him in the action in the district court, and will obey any order made by the court therein.
(c) When the judgment appealed from directs the delivery of possession of real property, the execution of the same may not be stayed unless a written undertaking is executed on the part of the appellant, with two or more sureties, to the effect that, during the possession of the property by the appellant, he will not commit, or suffer to be committed any waste thereon, and that if the appeal is dismissed or withdrawn, or the judgment affirmed, or judgment is recovered against him in the action in the district court, he will pay the value of the use and occupation of the property from the time of the appeal until the delivery of possession thereof; or that he will pay any judgment and costs that may be recovered against him in the action in the district court, not exceeding a sum to be fixed by the magistrate of the court from which the appeal is taken and specified in the undertaking.
(d) A deposit with the magistrate of the sum of $50 plus the amount of the judgment, including all costs appealed from, or plus the value of the property, including all costs, in actions for the recovery of specific personal property, is equivalent to the filing of the undertaking, and in such cases the magistrate shall transmit the money to the clerk of the district court to be paid out by him on the order of the court.
$ 956. Filing of undertaking; 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 suretics 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; return of papers; 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.
PART 2-PARTICULAR PROCEEDINGS CAPTER 51. DECLARATORY JUDGMENTBC-----53. FRAUDULENT CONVEYANCES. 55. HABEAS CORPUS.-57. HOSPITALIZATION OF MENTALLY ILL. 59. PROPERTY ACTIONS------61. WRITB.-
Sec. 1501 1531 1571 1631 1691 1851
CHAPTER 51—DECLARATORY JUDGMENTS
1501. Declaratory Judgments generally.
Sections 2201 and 2202 of Title 28, United States Code, apply to declaratory judgments in the district court. The district court has jurisdiction of an action for a declaratory judgment regardless of the amount of the principal sum in controversy.
CHAPTER 53—FRAUDULENT CONVEYANCES Sec. 1531. Action to set aside fraudulent conveyance; undertaking. 1532. Conditions of undertaking. 1533. Filing and serving undertaking. 1534. Objections to sureties and estimated value. 1535. Justification of sureties; determination of sufficiency. 1536. Determination of estimated value of property. 1537. Justification of sureties. 1538. Effectiveness of undertaking. 1539. Judgment against sureties. § 1531. Action to set aside fraudulent conveyance; undertaking
Where an action is commenced to set aside a transfer or conveyance of property on the grounds that the transfer or conveyance was made to hinder, delay, or defraud a creditor or creditors, the transferee or grantee to whom it is alleged the property was so transferred or conveyed, or the successors or assigns of the transferee or grantee, may give an undertaking as provided in this chapter, and when the undertaking is given, the transferee or grantee to whom it is alleged the property was so transferred or conveyed, or the successors or assigns of the transferee or grantee, may sell, encumber, transfer, convey, mortgage, pledge, or otherwise dispose of the property, or any part thereof, which is alleged to have been so transferred or conveyed, so that the purchaser, encumbrancer, transferee, mortgagee, grantee, or pledgee of the property, will take, own, hold, and possess the property unaffected by the action or the judgment which may be rendered therein. § 1532. Conditions of undertaking
The undertaking, with two sureties, shall be executed by the transferee or grantee to whom it is alleged the property was transferred or conveyed to hinder, delay, or defraud creditors, or the successor or assign of the transferee or grantee, in double the estimated value of the property so alleged to have been transferred or conveyed; except that in no case need the undertaking be for a greater sum than double the amount of the debt or liability alleged to be due and owing to the plaintiff in the action commenced to set aside the transfer and conveyance. The estimated value of the property shall be stated in the undertaking. The undertaking shall be conditioned that, if it is adjudged in the action that the transfer or conveyance was made to hinder, delay or defraud a creditor or creditors, then that the transferee or grantee or the succcessor or assigns of the transferee or grantee giving the undertaking will pay to the plaintiff in the action a sum equal to the value, as estimated in the undertaking, of the prop
erty alleged to have been transferred or conveyed to hinder, delay, or defraud creditors, or the sum adjudged to be due and owing by the transferor of the property to the plaintiff, whichever is the lesser sum. § 1533. Filing and serving undertaking
The undertaking shall be filed in the action and a copy thereof served upon the plaintiff or his attorney in the action. § 1534. Objections to sureties and estimated value
Within 10 days after service of the copy of the undertaking, the plaintiff may object to the undertaking on the ground of inability of the sureties, or either of them, to pay the sum for which they become bound in the undertaking, and upon the ground that the estimated value of the property therein is less than the market value of the property. The objection to the undertaking shall be made in writing, specifying the ground or grounds of objection, and if the objection is made to the undertaking that the estimated value therein is less than the market value of the property, the objection shall specify the plaintiff's estimate of the market value of the property. The written objection shall be served upon the transferee or grantee, or the successor or assigns of the transferee or grantee giving the undertaking. 8 1535. Justification of sureties; determination of sufficiency
Exceptions to the sufficiency of the sureties and their justification may be had or taken in the same manner as upon an undertaking on attachment. If they, or others in their place, fail to justify at the time and place appointed, the undertaking shall not become effective. If objection is not taken as provided in this section and section 1534 of this title, the plaintiff is deemed to have waived objections to the sufficiency of the sureties. § 1536. Determination of estimated value of property
When objection is made to the undertaking upon the ground that the estimated value of the property, as stated in the undertaking, is less than the market value of the property, the transferee or grantes, or the successor or assign of the transferee or grantee giving the undertaking may accept the estimated value stated by the plaintiff in the objection, and a new undertaking may be at once filed with the plaintiff's estimate stated therein as the estimated value, and objection may not thereafter be made upon that ground. If the plaintiff's estimate of the market value is not accepted, the value of the property shall be determined as provided in section 566 of this title. § 1537. Justification of sureties
The sureties shall justify upon the undertaking as required by section 431 of Title 3. § 1538. Effectiveness of undertaking
The undertaking shall become effective for the purpose stated in section 1531 of this title, 10 days after service of a copy thereof on the plaintiff, unless objection to the undertaking is made as provided by section 1534 or 1536 of this title, and in case objection is so made to the undertaking filed and served, it shall become effective for that purpose when an order is made by the court approving the sureties, when the surety or sureties are objected to, or affirming the estimate of the value of property when objection is made thereto, or if any objection to the undertaking is sustained by the court when a new undertaking is filed and served as required by section 1535 or 1536, to which no objection is made, or if made is not sustained by the court,