Page:United States Statutes at Large Volume 47 Part 1.djvu/1015

 72d C ONGRESS. SESS. II. CH. 127. F EBRUAR Y 27, 1933 . 991 such order is not obeyed, the account or instrument can not be given in evidence. SEC. 460. COMPLAINT, WHEN ACCOMPANYING INSTRUMENT DEEMED Complaint, when GENUINE .-If the complaint of the plaintiff, or the answer of the mnma~ag gnumu ef defendant, contains a copy, or consists of the original of the written obligation upon which the action is brought or the defense founded, the genuineness and due execution of such instrument are deemed admitted, unless the answer denying the same is verified, or unless the plaintiff, within two days after the service on him of such answer, files with the magistrate an affidavit denying the same, and serves a copy thereof on the defendant. JUDGMENTS (OTHER THAN BY DEFAULT) IN MAGISTRATES' COURTS Judgments (othe r than by default). SEC. 461. JUDGMEN T BY CONFESSION.-Judgments upon confession By confession. may be entered up in either magistrate's court specified in the conf ess ion. SEC. 462. JUDGMENT OF DISMISSAL ENTERED IN CERTAIN CASES WITH- Dis mis sal w ith out OUT PREJUDIcE .-Judgment th at the action be dismissed, wi tho ut prejudice . prejudice to a new action, may be entered with costs, in the following cases : 1. When the plaintiff voluntarily dismisses the action before it is f ina lly sub mitt ed ; or fails to prosecute the action to judgment with reasonable diligence ; provided a counterclaim has not been made, or affirmative relief sought by the cross-complaint or answer of the defendant ; if a provisional remedy has been allowed, the undertaking must thereupon be delivered by the magistrate to the defendant who may have his action thereon ; 2 . When he fails to appear at the time specified in the summons, or at the time to which the action has been postponed, or within one hour thereafter ; 3 . When, after a demurrer to the complaint has been sustained, the plaintiff fails t o amend it within th e time allowed by th e court ; 4 . When the action is brought in the wrong subdivision. SEC. 463. ENTRY OF JUDGMENT OF DISMISSAL .-Judgment, of dis- Entry of. missal must be entered whenever the plaintiff fails to bring the . action to trial within two years after the case is brought to an issue of law or fact, except where the parties have stipulated in writing that the time may be e xten ded. SEC. 464. ENTRY OF JUD GME NT IN THIRTY DAYS.-Judgment `must Entry within thirty be entered within thirty days after the submission of the case to days. the court. SEC. 465. FORM OF MAGISTRATE'S JUDGMENT ; NOTICE.-The judg- ju Frmof magist rate's ment of a magistrate must be entered substantially in the f orm required in section 3 33, and where the de fendant is subject t o arrest and imprisonment thereon the fact must be stated in the judgment. No judgment shall have effect for any purpose until so entered. Notice of the rendition of judgment must be given to the parties Notice. to the action in writ ing signed by the ma gistrate. Where any of the parties are represented by an attorney, notice shah be given to the attorney. Said notice shall be served by mail or personally, and shall be su bstan tially in the form of the a bstra ct of judgm ent required in section 469. When served by mail the magistrate shall deposit copies thereof in a sealed envelope in the post office not later than five days after the rendition of the judgment, addressed to each of the persons on whom notice is to be. served at their places of residence, or place of business if on an attorney. When served personally said notice shall be served with in f ive days af ter the