Page:United States Statutes at Large Volume 47 Part 1.djvu/1008

 984 72d C ONGRESS. SESS. II. CH. 127. 'FEBRUARY 27, 1933 . Alias summons. SEC. 421. ALIAS suMMoNs.-If the su mm ons is returned wi th out being served upon any or all of the defendants, or if it has been lost, the magist rate, upoti the demand of the pl aintiff, may issu e an alias summons, in the same form as the original, except that he may fix the time for the appearance of the defendant at a period not to exceed ninety days from its date. SEC. 422. SAME.-The magistrate may, within a year from the date of the filing of the complaint, issue as many alias summonses as may be demanded by the plaintiff. Service of, outside of SEC. 423 . SERVICE OF SUMMONS OUTSIDE OF SUBDIVISION .-The sum- subdivision. mons can not be served out of the subdivision wherein the action is brou ght, ex cept in the fol lowi ng case s 1. When the action is upon the joint contract or obligation of two or more persons, one of whom resides within the subdivision ; 2 . When the action is brought against a party who has contracted in writing to perform an obligation at a particular place, and resides in the other sub division ; 3 . When the action is for injury to person or property, and the defendant resides in the other subdivision ; 4. In all cases where the defendant was a resident of the sub- division when the action was brought, or when the obligation was incurred, and thereafter departed therefrom, in which event he may be served wherever he may be found ; 5 . In actions of forcible entry and detainer, or to enforce and foreclose liens on, or to recover possession of, personal property situ ated wi thin the su bdiv isio n. By whom and how EC. 424. SUMMONS, BY WHO M AND HOW SERVED AND RETURNED .- served and returned. The s ummo ns may be se rved by the cons tabl e of ei ther of the 1Vfagistrates' C ourts of the Can al Zone or by an y other person of the age of eighteen years or over not a party to the action. When a summons issued b y a magistrate i s to be served o ut of the subdivi sion in which it is issued the summons must be served and returned as provided in chapter 8 of this code, or it may be served by publication Ante, p. 924. and sections 121 and 122 so far as they relate to the publication of summons are made applicable to magistrates' courts, the word magis- trate being substituted for the word judge wherever the latter word occurs. Notice of hearing in SEC. 425. NOTICE OF HEAR ING IN MAGISTRATES' co RTs .-When all magistrates' courts. the parties served with process shall have appeared, or some of them have a ppear ed, a nd the rema ining defen dants have made defau lt, the magistrate m ust fix the day for the trial of said cause, and give notice thereof to the parties to the action who have appeared, but in case any of the parties are represented by an attorney, then to Proms. such attorney : Provided, however, That where a party has appeared Address of party ap- pearing in person in person such party shall leave with the magistrate or magistrate's clerk, and the s ame shall be ent ered upon the re gister in the act ion, an address where service of the notice of hear in of such matter service of notice. may be made : Provided, further, That such notice s all be personally served on said p erson if he can be found at said address, but in case said person can not, after due diligence, be found at said address and such fact appears by affidavit to the satisfaction of the magis- trate, then the service ofsuch notice may be by registered mail and in the manner hereinafter provided for service of notice by mail. Such notice shall be in writing, signed by the magistrate, and sub- stantially in the following form, filling blanks according to the facts