Page:United States Statutes at Large Volume 76A.djvu/154

–58– -58(5) when the defendant is a nonresident of the Canal Zone— in either subdivision; (6) when a person has contracted to perform an obligation at a particular place, and resides in the other subdivision—m the subdivision in which the obligation is to be performed, or in which he resides; and the subdivision in which the obligation is incurred is deemed to be the subdivision in which it is to be performed, unless there is a special contract in writing to the contrary; (7) when the parties voluntarily appear and plead without summons—in either subdivision; ^8) in all other cases—in the subdivision in which the defendant resides. § 204. Change of venue in magistrates' courts (a) At any time a magistrate may change the place of trial in a civil action to another magistrate's court if: (1) he is disqualified from acting for any cause; (2) the action is brought in the wrong subdivision; or (3) in his opinion, the transfer is necessary in the interest of justice. (b) After an order has been made, transferring the action for trial to another magistrate's court: (1) the magistrate ordering the transfer shall immediately transmit to the magistrate of the court to which it is transferred, on payment by the party applying of all the costs that have accrued, all the papers in the action, together with a certified transcript from his docket of the proceedings therein; (2) upon the receipt by him of the papers, the magistrate to whom the case is transferred has thereafter the same jurisdiction over the action as though it had been commenced in his court. (c) In lieu of changing the place of trial under this section, a magistrate who is disqualified may request another magistrate to act for him as provided by section 83 of this title. Subchapter V—Venue of Criminal Actions § 231. Venue of offenses in magistrates' courts The jurisdiction of an oflfense triable in the magistrates' courts is in the subdivision where the offense was committed. § 232. Change of venue in criminal actions in magistrates' courts (a) Upon motion of the defendant in a criminal action, or with the written consent of the defendant, a magistrate who is disqualified may transfer the proceeding to the other subdivision. In lieu of such a transfer, the magistrate may request another magistrate to act for him as provided by section 83 of this title. (b) Upon motion of the defendant, a magistrate shall transfer the proceeding to the other subdivision if it appears that the offense was committed in both subdivisions and if the magistrate is satisfied that in the interest of justice the proceeding should be transferred to another subdivision. (c) Upon motion of the prosecution and with the written consent of the defendant, a magistrate shall transfer the proceeding to another subdivision if it appears that such a transfer will be for the convenience of the prosecution and of the defendant. (d) When a transfer is ordered the magistrate shall transmit to the magistrate of the subdivision to which the proceeding is transferred all papers in the proceeding or duplicates thereof and any bail taken, and the prosecution shall continue in that subdivision.

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