Page:United States Statutes at Large Volume 47 Part 1.djvu/1007

 72d CONGRESS. SESS. II. UH. 127. FEBRUARY 27, 1933 . 983 by the party applying of all the costs that have accrued all the papers in the action, together with a certified transcript from his docket of the proceedings therein ; 2. Upon the receipt by him of such papers, the magistrate to whom the case is transfe rred has thereaf ter the same jur isdiction over t he action as though it had been commenced in his court. M ANNER OF C OMMENC ING A CTION S IN M AGIST RATES ' COURTS Actio ns in magic. trates' courts. SEC. 414. ACTIONS, now coMMENCED .-An action in a magistrate's complaint. court is commenced by filing a complaint. SEC. 415. SUM MO NS MAY IS SUE WITHIN A YEAR .-The court must summons . indorse on the c omplaint the dat e upon which it was filed, and at any time within one year thereafter the plaintiff may have summons issue d. SEC. 416. DEFEN DANT MAY WAI VE s uMMo Ns .-At any time after t he Wa iver of, by de. complain t is fil ed the d efendant may, in writing, or by a ppearing fondant. and pleading, waive the issuing of summons. SEC. 417. PARTIES MAY APPEAR IN PERSON OR B Y ATTO RNEY .-P art ies Appearance. in magistrates' courts may appea r and act in per son or by attorne y. SEC. 418. WHE N GUARDIAN NECESSARY, HOW A PPOINTED. -W he n an Appointment of infant, insane, or incompetent person is a party, he must appear guardian . either by his general guardian, if he have one, or by a guardian ad litem appointed by the magistrate. When a guardian ad litem is appointed by the magistrate, he must be appointed as follows 1 . If the infant, insane, or incompetent person, be plaintiff, the appointment must be made before the summons is issued, upon the application of the infant, if he be of the age of fourteen years under that age, or if insane, or incompetent, up on the applicatio n of a relative or friend. 2. If the infant, insane, or incompetent person, be defendant, the appointment must be made at the time the summons is returned, or before the answer, upon the application of the infant, if he be of the age of fourtee n years and appl y at or before t he summons is re turned ; if he be under the age of fourteen, or be insane or incompetent, or neglect so to apply, then upon the application of a relative or friend, or any other party to the action, or by the magistrate on his own motion. SEC. 419 . SUMMONS, HOW ISSUED, DIRECia.D, AND WHAT TO CONTAIN .- Summons. The sum mons mus t be dir ected to the def endant, signed b y the ma g- istrate, and must contain 1 . The title of the court, name of the subdivision in which the action is brought, and the names of the parties thereto ; 2 . A direction that the defendant appear and answer before the magistrate, as specified in section 420 ; 3 . A notice that unl ess the defendan t so app ear and answer, the plaintiff will take judgment for any money or damages demanded in the complaint, as arising upon contract, or will apply to the court for the relief demanded in the complaint. If the plaintiff appears by attorney, the n ame of the attorney mus t be endorsed upo n the summons. SEC. 420. TIME FOR APPEARANCE OF DEFENDANT :The time specified of dime for appearance in the summons for the ap pea ra nce of the defendant mu st be as foll ows 1 . If an order of arrest is indorsed upon the summons, forthwith ; 2 . In all other cases, within five days, if the summons is served in the subdivision, in which the action is brought ; within ten days, if served in the other subdivision. I
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