Page:United States Statutes at Large Volume 47 Part 1.djvu/1009

 72d C ONGRESS. SESS. II. CH. 127. FEBRUARY 27, 1933 . 985 Foil of NOT ICE .-In the magistr ate's court, sub division of , Canal Zone. •L plain tiff, v. defendant f• To plaintiff, or attorney for plai ntiff, a nd to defendant, or attorney for defendant " You and each of you will please take notice that the undersigned magistrate before whom the above-entitled cause is pending, has set for hearing the demurrer of, filed in said cause (or has set the said cause for trial, as the case may be), before me at ,at o'clo ck - m., on the day of , 19--. " Dat ed this day of, 19-. "(Si gned), "Magistrate." SERVICE ; SERVICE BY MAIL.-Said notice shall be served by mail or personally. When served by mail the magistrate shall deposit copies thereof in a sealed envelope in the post office at least ten days before the trial or hearing addressed to each of the persons on whom it is to be served at their place of residence : Pro vid ed, Th at such notice shall be served by mail only when the person on whom service is to be made resides out of t he subdi vision i n which s aid magi strate's court is situated, or is absent therefrom or has appeared in person . When personally served said noti ce shall be serv ed at least five days before the tri al or hearing on the persons on whom it is to be served by any person competent and qualified to serve a summons in a magistrate's court, and when personally served it shall be served, returned and filed in like manner as a summons. Whe n a party has appeared by attorney the notice may be served in the manner pre- scribed by subdivision 1 of section 515. DOCKE T ENTRIES .-The magistrate shall enter on his docket the date of trial or hearing ; and when such notice shall have been served by mail the magistrate shall enter on his docket the date of mailing such notice of trial or hearing and such entry shall be prima facie evidence of the fact of such service. The parties are entitled to one hour in which to appear after the time fixed in said notice, but are not bound to remain longer than that time unless both parties have appeared and the magistrate being present is engaged in the trial of another cause. SEc. 426. FORM OF PLEADINGS.-Pleadings in magistrates' courts- 1 . A re not required to be in any par ticular form, bu t must be such as to enable a person of common und er sta nd ing to know what is intend ed ; 2 . M ay, except the c omplaint, be ora l or in writing ; 3 . Need not be verified, unless otherwise provided in this chapter ; 4. If in writing, must be filed with the magistrate ; 5. I f oral, an entry of their substa nce must be made in the docket. SEC. 427 . PLEADINGS IN MAGISTRATES' COURTS.-The pleadings are 1 . T he complaint by the plaintiff ; 2. The demurrer to the complaint ; 3 . The answer by the defendant ; 4. The demurrer to the answer. SEc. 428. COMPLAI NT DEFINED .-The complaint in magistrates' cou rts i s a conci se st atem ent, in wr itin g, of the facts con stitu ting the plaintiff's cause of action ; or a copy of the account, note, bill, bond, or instrument upon which the action is based. Form of notice. Se rvice by mail. Proviso. When to be resorted to. Post, p. 999. Docket entries. PLEAD INGS IN MAGI STRAT ES' COUR TS tra lea diings sin magis- Form. "Complaint" de- fined.