Page:United States Statutes at Large Volume 47 Part 1.djvu/1016

 992 St ay of execu tion. Contents of. 72d CONGRESS. SESS. II. CH. 127. FE BRUA RY 27, 1933 . rendition of the judgment. Entry of the date of mailing sha ll be made by the magistrate in his dockjt. Excess remitted if SEC. 466. IF THE SUM FOUND DUE EXCEEDS THE JURISDICTION OF THE sum found due exceeds magistrate's jurisdic- MAGISTRATE,, THE EXCESS MAY BE REMrrrED: When the amount found Lion. due to either party exceeds the sum for which the magistrate is authorized to enter judgment, such party may remit the excess , and judg men t may be ren dere d for the residue. Offer to compromise S EC. 467. OFFE R TO COM PROM ISE BEFO RE TRIAL .-If the defendant, before trial. at any tim e be fore the tr ial, off ers in w rit ing, to allo w ju dgme nt to be taken ag ains t him for a spe cifi ed s um, the pla inti ff may imme - diately have judgment therefor, with the costs then accru but if he does not accept such offer before the trial, and fails to recover in the act ion a sum in exc ess of the offe r, he can not r ecov er cost s incurred after the offer, but costs must be adjudged against him, and, if he re cov ers, be dedu cted fro m his recovery. The offer and failure to accept it can not be given in evidence nor affect the reco very, otherwise than as to costs. Cos ts I nclu ded in SEC. 468 . COSTS MAY BE INCLUDED IN THE JUDG MENT .-The magis- judgment ., trate must tax and include in the judgment the costs allowed by law to the p rev aili ng party. mAbstract of judg. SEC. 469. ABSTRACT OF JUDGMENT .--The ma gist rat e, on the de mand of a party in whose favor judgment is rendered, must give him an abst ract of the jud gmen t in sub sta ntia lly the foll owin g f orm (fil ling blanks accordi ng to the facts) Form. "Canal Zo ne, magi str ate' s co urt, sub divi sio n of 	,, plaintiff, v .	, defendant . Judgment entere d for plaintiff (or defendant) for $	, on the	day of -	" "I certify that the foregoing is a correct abstract of a judgment rendered in said action in this court ." ", Magistrate ." " Date of abstract 	: ' Correction of clerical mistakes. SEC. 470 . CORRECTION OF CL ERICAL MISTAKE S IN JUDGMENT .- -T he magistrate shall have power upon motion of the injured party and notice to the adverse party to correct any clerical mistakes in his judgment as entered, so as to conform to the judgment ordered . Sa id magistrate shall h ave power to- set aside any voi d judgment upon motion of either party to the action aft er notice to the arse party, and thereupon said action shall be treated as if no judgment had bee n entered. Executions' from EXECUTIONS FROM MAGISTRATES COUR TS magistrates' courts . May issue at any time within five years . SEC. 471. EXECUTION MAY ISSUE AT ANY TIME WITHIN FIVE YEARS : Execution for the enforcement of a ,Judgment of a magistrate's court may be issu ed by the ma gis trat e who en tere d the j udgm ent, or' his successor in office on the application of the party entitled thereto, at an t ime wit hin five yea rs from the ent ry of judgment. EC. 472 . STAY OF EXECUTION OF JUDGMENT .-The co urt, or the magi str ate ther eof , may st ay the exec utio n of any ju dgm ent, incl udi ng any j udgm ent in a ca se of f orci ble entr y or un lawf ul deta iner ~ for a per iod not exce edi ng ten days. SEC. 4'(3 . CONTENTS OF EXECUTION .-The execu tion must be dir ected to the constable, and must be subscribed by the magistrate and bear Ga te the day of its delivery to the officer . It m ust intelligibly refer to the judgmen t, by stating the names of the parties, and the name of the magistrate before whom, and of the subdivision where, and the time wh en it was re nde red the amount of judgment, if it be for money ; and, if less than the whole is due, the true amount due thereon . It must contain, in like cases, similar directions to the