Page:United States Statutes at Large Volume 47 Part 1.djvu/1017

 72d C ONGRESS. SESS. II. CH. 127. FEBRU ARY 27, 19 33. 993 constable, as are required by the provisions of chapter 12, of this Ante, p. 969. code, in an execution to the marshal. SEC. 474 . REN EWAL OF ExECU TION .- -A n execution may, at the Renewal ot. request of the judgment creditor, be renewed before the expiration of the time fixed for its return, by the word "renewed" written the re on, w ith the da te thereof, and subscribed by the magistrate. Such r enewa l has the effec t of an or igina l iss ue, and may be repea ted as often as necessary. If an execution is returned unsatisfied, anoth er may be after wards issu ed. SE C. 475. Dur r OF OFFIC ER RE CEIVI NG ExECUTION .-The constable Duty of officer re. to whom the execution is directed must execute the same in the same 'wing ' manne r as the m arsha l is requi red by the prov ision s of chapt er 12 Ante, p. 9sa of this code, to proceed upon executions directed to him and the con st abl e, wh en the execution is directed to him , is vested for t hat purpose with all the powers of the marshal. SE C. 476. PROCEEDINGS SUPPLEMENTARY TO EXECUTION .-The s ee- P rocee dings supp le. menta ry to. tions of this code, from 387 to 394, both inclusive, are applicable to Ante, p . 977. magistrates' cou rt s, the word " constable " being substituted, to that en d, for the word "marshal," and the word "magistrate" for "judge ." If the judgment debtor do es not reside in the subdivision wherein the judgment was entered, an abstract of the judgm ent, in the f orm p rescr ibed by se ction 469, may be fi led in the offi ce of the magi strat e of the s ubdiv ision wher ein the de fenda nt re sides , and such magistrate may issue execution on such judgment, and may take and exercise su ch jurisdiction in proceedings supplemental to execu- tion, as if such judgment were originally entered in his court. CONTEMPTS IN MAGISTRATES' COURTS S EC. 477 . WHAT SECTIONS GOVERN CONTEMPTS .-Contempts magistrates' courts are governed by sections 634 to 647. D OC K ET S OF MAGISTRATES SEC. 478. DOCKET, WHAT To CONTAIN .Each magistrate must keep a book denominated a " docke t," in whi ch he must ente r 1. The title of every action or proceeding. 2. The object of the action or proceeding ; and if a sum of money be claimed, the amount thereof. 3. The da te of the sum mo ns, and the time of its return ; and if an or der to arrest the defendant be made, or a writ of att ac hme nt be issu ed a state ment of the fact. 4. 'Y he time when the parties, or either of them, appear, or their nonappearance, if default be made ; a minute of the pleadings and moti ons ; if in w ritin g, re ferri ng to them ; if not in writing, a con- cise stat ement of the ma teria l par ts of the plead ing. 5. Every adjournment, stating on whose application and to wh at time. 6. The judgm ent of the cour t, sp ecify ing the co sts i nclud ed and the time when rendered. 7. The issuing of the execution, when issued and to whom the renewals thereof, if any, and when made, and a statement of any money paid to the magistrate, when and by whom. 8. The receipt of a notice of appeal, if any be given, and of the appeal bond. SEC. 479 . ENTRIES THEREIN PRIMA FACIE EV IDENCE OF THE FACT .- The seve ral p artic ulars of the la st se ction spec ified must be e ntere d under the title of the action to which they relate, and (unless other- wise in th is ch ap ter provided) at the ti me wh en th ey occur. S uch 8051 •-88-88 Contempts in magis- trates' courts. Sect ions gover ning. Post, p. 1C18. Dockets of magis. trates. Contents. Entries, prima facie evidence of fact.