Page:United States Statutes at Large Volume 31.djvu/532

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480 FIFTY-SIXTH CONGRESS. Sess. I. Ch. 786. 1900. accounts, allowing or rejecting claims, directing the payment of debts or legacies or the distribution of estates, ordering the sale or disposal of real orr personal property, or other proceeding. Upon the Blinig of such exception the commissioner shal make a transcript of all _ es, papers, and evidence pertainintg] to such order or proceeding and forward the same to the clerk of e district court. guw of district Sec. 942. Upon the Bling of such exceptions the district jlpdge shall in g°`proceed·on due notice to hear and determine the same at suc time and ` in such manner as he shall prescribe by order, and for that purpose mai receive. and entertain ailidavits and depositions or hear oral evi ence. _ · ' m_Pqg>¢¢¢¤i¤¤¤i¤ mh Sec. 943. Upon- such hearing the district court or jndgethereof shall ' determine. the issues so raised according to the very right of the matter and make such order in the remises as he. may see nt, which order shall be entered in a docket to be kept by the. clerk of the court for that urpese, properly indexed, and a copy of the same shall be forwardgd to-the commissioner beforewhom the exceptions were Bled, who shall- thereupon proceed in- accordance with such crder. Such orders shall be deeme r a judgment, subject to appeal in the manner provided for appeals from judgments in the.d.istr1ct court. Cnxrrnn Nmnrr-ons. or run nnoonns AND runs or A JUSTICE’S oomrr. Sec. Sec. 944. Records and Bles of a justice’s court, | 946. Docket and Bles, public writings. what constitutes. 945. Docket of justice, what entries to be _ made therein. R g•{*gnm_$gg§ Sec. 944. The records and Bles of a justice’s court are the docket and consumes.all papers and process Bled in or returned to such court concerning o1· belongingto any proceeding authorized to be had or taken. therein or . before the justice of the peace who holds such court. Docket ef- i¤¤¤¤¤· Sec. 945. Thcdocket of a justice of the peace. is a book in which he liiidl ciiggiii t° be must enter- · First. The title of every action or roceeding commenced-in. his court or before him,. with the names of the parties thereto- and the time of the commencement thereof; Second. The date of making or Bling any pleading, and, when the same is madeorally, a. plain statement of the substance thereof and the verification theretowhen one is required; Third. An order allowing a provisional remedy, and the date of issuin and returning the summons or other process; §`ourth. The time when the parties, or either of them, appear, or their failure to do so; Fifth. Every postponement of a trial or proceeding, and upon whose apglication, and to what time; Sixth. he demand-for a jury, if any, and by whom made; the order for a jurv, and the time aippointed for trial thereby; Seventh. The return o an order for a jury, the names of the persons impaneled and- sworn as a jury, and the names of all witnesses sworn, and at whose. request; Eighth. The verdict of the jpry, and when given; and if jury - disagree and are discharged without giving a verdict, a statement of such dis reement and discharge; Ninthllgfhe judgment of the court, and when given; Tenth. The fact of an appeal having been made and allowed, and the date thereof, with a memorandum of the undertaking thereof, and the justiBcation of the sureties therein;