Page:United States Statutes at Large Volume 47 Part 1.djvu/1006

 982 Recovery of dam- ages. Actio n not to be pr eju di ced ni td ons PROCEEDINGS IN MAGISTRATES' COURTS . Pla ce of trial. Where actions must be commenced. Chan ge of venue. Proceedings thereat. ter. 72d CONG RESS. SESS. II. CH. .127 . FEBRUARY 27, 1933 : SEC. 409. DAMAGES MAY BE RECOVERED FOR INJURY TO THE POSSESSION AFT ER SA LE AND BEFORE DELIVERY OF POSSESSION .-When real property has been sold on execution the purchaser thereof, or any person who may have succeeded to Itis interest, may, after his estate becomes absolute, recover damages for injury to the property by the tenant in possession after sale, and before possession is delivered under the conveyance. SEC. 410 . AcrrioN NOT TO BE PREJUDICED BY AL IEN AT ION PE NDI NG su rr .-An action for the recovery of real property against a person in possession can not be prejudiced by any alienation made by such person, either before or after the commencement of the action. CHAPT ER 14 .-PROCEEDINGS IN MAGISTRATES' COURTS PLACE O F TRIAL OF ACTI ONS IN MAG ISTRA TES' COURT S SEC. 411. ACTIONS, WHERE M US T BE COMMENCED .-A ction s in magis - tra tes ' courts must be commenced and , sub je ct to the rig ht to change the place of trial, as in this subchapter provided, must be tried 1. In the subdivision in which the defendant resides ; 2. W hen two or more pers ons are jo intly , or joint ly and sev erall y, bound in any debt or contract, or otherwise jointly liable in the same action, and reside in different subdivisions-in either subdivision 3. In cas es of inju ry to the perso n or prope rty-i n the subd ivisi on where the injur y was comm itted , or where the defen dant resid es ; 4. If for the recov ery of per sonal prop erty, or the va lue t hereo f, or da mages for takin g or detai ling the s ame-i n the subd ivisi on in whi ch the pro per ty may be found, or in which the property was taken or in which the defendant resides- 5. Wh en the defendant is a nonresident of the Canal Zone-in either subdivision ; 6. When a person has contracted to perform an obligation at a particular place, and resides in the other subdivision-in the sub- divis ion in whi ch su ch ob ligat ion is to be pe rform ed, or in which he res ides ; and the subdivision in which the obligation is incurred is deemed to be the subdivision in which it is to be performed, unles s the re is a sp ecial cont ract in wr iting to the contrary ; 7. When the parties voluntarily appear and plead without sum- mons-in either subdivision ; 8. In all othe r cas es-in the subdi visio n in which the defen dant resid es. SEC. 412. PLACE OF TRIAL MAY BE CHANGED IN CERTAIN OASES .--The cou rt ma y, at any tim e before the trial, on mo ti on, change the pla ce. of trial in the following cases : 1. W hen it app ears to the sat isfac tion of the mag istra te be fore wh om the action is pending, by affidavit of either party, that such magistrate is a material witness for either party ; 2 . W hen e ither part y mak es and fil es an affi davit that he b eliev es th at he can not have a fair and impartial trial before such magistrate, by reason of the interest, prejudice, or bi as of the magistrate ; 3. When, from any cause, the magistrate is disqualified from acting. SEC. 413. PROCEEDINGS Al li °,K ORDER CHAN GING PLACE OF TRIAL .- After an order has been made, transferring the action for trial to another court, the following proceedings must be had 1. The magistrate ordering the transfer must immediately transmit to the magistrate of the court to which it is transferred, on payment