Page:United States Statutes at Large Volume 47 Part 1.djvu/1098

 1074 n°A-" and decrees . SE C. 923 . ORDERS AND DECREES IN PROBATE PROCEEDINGS .-Orders and decrees made by the court or judge, in probate proceedings, need not recite the existence of facts, or the performance of acts, upon which t he juris diction o f the co urt or j udge may depend, but it shall Ante, pp. 1022-1078. only be necessary that they contain the matters ordered, or adjudged, except as otherwise provided in chapters 23 to 36 of this code . All orders and decr ees of th e court or judge must be entered at leng th in the minute book of the- court or must be signed by the judge and filed ; but decrees of distribution must always be so entered at length . Publication . SEC . 924 . How Orri'1N PUBLICATION TO BE MADE .-When any publi- cation is ordered such publication mtist be made daily, or otherwise as often during die prescribed period as the paper is regularly issued, Ante, pp ° 1022-1078. unless otherwise provided in chapters 23 to 36 of this code. The court, or judge may, however, order a less number of publications during the period. Citation, how direct- SEC. 925. CITATION, HOW DIRECTED AND WHAT TO CONTAIN.---Cita- ad ;contents. 9 Issue of. Service of. Per sonal notic e by. Service five days before return. Rules of practice. Ante, pp. 1022-1078. New trials. Ante, pp. 916-998. Issues joined,' trial and dtsposlLlon of. .4 ate, p 1025 . 72d CONGRESS. SESS. II. CH. 127 . FEBRUARY 27, 1933 . to which it applies, the jurisdiction now possessed by the district court. CREES, E R ,S DE- PDE- CHAPTER 34 .--ORDERS, DECREES, PROCESS, MINUTES, B ATE MATTERS. RE CORDS, AND TRI ALS IN PROBATE PROCEE DINGS tions must be directed to the person to be cited, signed by the clerk, and iss ued unde r the sea l of the court, and must contain 1 . The title of the proceeding ; 2 . A brief statemen t of the nature of the p roceedin g ; 3 . A direction that the person cited appear at a tune and place specified. SEC. 926. CIT ATI ON, HOW ISSUED.-The citation may be issued by the clerk upon the application of any party, without an order of the judge, except in cases in which such order is by the provisions of chapters 23 to 36 of this code expressly required. SEC. 927 . CITATION, How sERvED .---The citation must be served in the same manner as a summons in a civil action. SEC. 928 . PERSONAL NOTICE GIVEN BY CITA TION .-Whe n pers onal notice is required, and no mode of giving it is prescribed in chapters 23 to 36 of this code, it must be given by citation. SEC. 929 . CITATION TO BE SERVED FIVE DAYS BEFORE RETURN :When no othe r time i s special ly presc ribed in chapter s 23 to 36, cita tions must be served at least five days before the return-day thereof. SEC. 930. RU LES OF PRACTICE GENERALL Y .-Exce pt as othe rwise pro- vided in chapters 23 to 36, the provisions of chapters 4 to 16 of this code are applicable to and constitute the rules of practice in the proceedings mentioned in said chapters 23 to 36. S EC. 931 . NEW TRIALS IN PROBATE PROCEEDINGS .-The provisions of chapters 4 to 16 of this code, relative to new trials, except in so far as they are inconsistent with the provisions of chapters 23 to 36 of this code, apply to the proceedings mentioned in said chapters 23 to 36 ; provided, that hereafter a motion for a new trial in probate proceedings can be made only in cases of contests of wills, either before or after probate, in proceedings under section 892 and in those cases where the issues of fact, of which a new trial is sought, were tried by a jury or were of such character as to entitle the parties to have them tried by a jury whether or not they were so tried. SEC. 932. ISSUES JOINED IN PROBATE PROCEEDINGS, HOW TRIED AND DISPOSED OF.--All issues of fact joined in probate proceedings must be tried in confo rmity wi th the r equireme nts of se ctions 6 72 to 67 8, and in a ll such proceedin gs the p arty aff irming i s plaint iff, and the one denying or avoiding is defends it, Judgments therein, on the issue