Page:United States Statutes at Large Volume 52.djvu/146

 75TH CONG., 3D SESS.-CH. 43 -MAR. 5, 1938 (f) The foregoing verification shall entitle the plaintiff to a judg- ment by default, without further proof, upon failure of defendant to appear, when the claim of the plaintiff is for a liquidated amount; when the amount is unliquidated, plaintiff shall be required to pre- sent proof of his claim. (g) The clerk shall furnish the plaintiff with a memorandum of the day and hour set for the hearing, which time shall be not less than five nor more than fifteen days from the date of the filing of the action. All actions filed in this branch shall be made returnable herein. SEC. 6. A separate small claims and conciliation docket shall be maintained in said branch, in which shall be indicated every proceed- ing and ruling had in each case. SEc. 7. The fee for issuing summons and copies, trial, judgment, and satisfaction in an action in said branch shall be not more than $1. Other fees shall be as the court shall prescribe. The judge sit- ting in said branch shall have full discretionary power to waive the prepayment of costs or the payment of costs accruing during the action upon the sworn statement of the plaintiff or upon other satis- factory evidence of his inability to pay such costs. When costs are so waived the notation to be made on the records of said branch shall be "Prepayment of costs waived", or "Costs waived". The term 'pauper" or "in forma pauperis" shall not be employed in said branch. If a party shall fail to pay accrued costs, though able to do so, the judge of said branch shall have power to deny said party the right to file any new case in said branch while such costs remain unpaid, and likewise to deny such litigant the right to proceed fur- ther in any case pending in said branch. The award of costs shall be according to the discretion of the judge who may include therein the reasonable cost of bonds and undertakings, and other reasonable expenses incident to the suit, incurred by either party. SEC. 8 . (a) On the return day mentioned in section 5 hereof, or such later time as the judge may set, the trial shall be had. Immedi- ately prior to the trial of any case, the judge shall make an earnest effort to settle the controversy by conciliation. If the judge fails to induce the parties to settle their differences without a trial, he shall proceed with the hearing on the merits pursuant to section 8 (b) of this Act. (b) The parties and witnesses shall be sworn. The judge shall conduct the trial in such manner as to do substantial justice between the parties according to the rules of substantive law, and shall not be bound by the statutory provisions or rules of practice, procedure pleading, or evidence, except such provisions relating to privileged communications. (c) If the defendant fails to appear, judgment shall be entered for the plaintiff by default as above provided, or under any rule or rules of the municipal court now existing or hereafter promulgated or on ex-parte proof. If the plaintiff fails to appear, the suit may be dis- missed for want of prosecution, or a nonsuit may be ordered, or defendant may proceed to a trial on the merits, or the case may be continued or returned to the files for further proceedings on a later date, as the judge may direct. If both parties fail to appear, the judge may return the case to the files, or order the same dismissed for want of prosecution, or make any other just and proper disposition thereof, as justice may require. SEC. 9. If the defendant asserts a set-off or counterclaim, the judge may, in his discretion, require a formal plea of set-off to be filed, or may waive the same. If plaintiff requires time to prepare his defense against such counterclaim or set-off, the judge may, in his discretion, continue the case for such purpose. If the set-off or counterclaim be Judgment by de- fault, when. Plaintiff to be fur- nished due notice of hearing. Small claims and conciliation docket. Fees. Prepayment of costs; waiving of, if plaintiff unable to pay. Notations; terms not to be employed. Failure to pay, though able to do so. Award of costs. Trial. Conciliation visions. pro- Sworn testimony; conduct of trial, etc. Judge not bound by statutory provisions, etc.; exception. If defendant fails to appear. If plaintiff fails to appear. Failure of both parties to appear. Set-off or counter- claim. 52 STAT.] 105

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