Page:United States Statutes at Large Volume 47 Part 1.djvu/1018

 994 72d CONGRESS. SESS. II. CH. 127 . FEBRU ARY 27, 1933, entries in a magistrate's docket, or a transcript thereof, certified by the magistrate, or his successor in office, are prima facie evidence of the facts so stated. Index must be kept. SEC. 480 . AN INDEX TO THE DOCKET MUST BE KEPT .-A magistrate must keep an alphabetical index to his docket, in which must be entered the names of the parties to each judgment, with a reference to the age of entry. The names of the plaintiffs mu st be entered in the ind ex, in the alph abe tica l o rder of the first letter of the family name. Deliverytosuccessor. S EC. 48 1. D OCKETS MUST BE DE LIVER ED BY MAGIS TRATE TO HIS SUC- CESSOR .-Every magistrate, u pon the expiration of his term of office, must deposit with his successor his off icia l d ocke ts and all pap ers filed in his office, as well his own as those of his predecessors, or gny oth er whic h may be in his cu stod y to be kep t as public records. General provisionsre- GENERAL PROVISIONS RELATING TO MAGISTRATES' COURTS lating to magistrates' courts. subpoenas ; final pro- SEC. 482. MAGISTRATES MAY ISSUE SUBP ENAS AND FINAL PROCESS TO em. ANY PART OF THE SUBDIVISION .--Ma gist rates may iss ue su bpoe nas in any action or proceeding in the courts held by them, and final process on any judgment recovered therein, to any part of the subdivision. Filling in blanks. SEC. 483. BLANKS MUS T BE FIL LED IN ALL PA PERS ISSU ED BYA MA GIS- TRA TE, EXCEPT SUBPOENAS.-The summons, execution, and every other paper ma de or issued by a magistrate, except a subpoena, mu st be issued without a blank le ft to be filled by another, otherwise it is void. Receiptandpayment SEC 484 . M AGISTR ATES TO REC EIVE ALL MO NEYS COL LE CTED AND PAY of moneys. THE SAM E TO PARTIES .-Magistrates must receive from the constables, all mone ys collected on any pro cess or orde r issued fr om their cou rts respectively, and must pay the same, and all moneys paid to them in their official capacity, over to the parties entitled or authorized to receive them, without delay. DisabIIity of magic- SEC. 485. IN CASE OF DISABILITY OF MAGISTRATE, OTHER MAGISTRATE trots ; substitutions, MAY ATTEND ON HIS BEHALF .-In case of the sickness or other dis- ability or necessa ry absence of a magistrate , the other magistrate may, at his reques t, attend in his behalf, and thereupon is vested with the power and may perform all the duties and issue all the papers or process of the absent magistrate. In case of a trial the proper entry of the proceedings before the attending magistrate, subscribed by him, must be made in the docket of the magistrate befo re who m the summo ns was retu rnabl e. If the case is adjourned, the magistrate before whom the summons was returnable may resume jurisdiction. Security for costs. SEC. 486 . MA GIS TRA TES MAY REQ UI RE SEC UR ITY FOR COSTS .-Magis- trates may in all cases requi re a deposit of money or an underta king, as security for costs of court, before issuing a summons. undderrtakingn lieu of SEC. 487. DEPOSIT IN LIEU OF UNDERTAKING
 * In all civil cases &ris-

ing in magi strat es' cour ts, w here in an und erta king is r equi red as prescribed in th is code, the plaintiff or defendant may deposit wi th sa id magistrate a sum of mon ey in United States currency equal to the amount required by the said undertaking, which said sum of mo ney sha ll be ta ken as secu rit y in pl ace of-s aid undertaking. Cads provisions ap plieable to magistrates' SEC. 488. WHAT PROVISIONS OF CODE A PPLICA BLE TO MAGI STRATE S cou rts. COURTS .-M agistr ates' courts being courts of limited jurisdiction, only those provisions of this code which a re, in their nature, ap pli- cable to the organization, po we rs, and course of proceedings in ma g- istrates' courts, or which ha ve be en made applicable by special pr o- visions in this chapter, are applicable to magistrates' courts and the pr ocee din gs t here in,