Page:United States Statutes at Large Volume 76A.djvu/428

–332– -332§ 712. Rules of procedure in magistrates' courts (a) The district court may from time to time make and amend rules governing civil procedure in the magistrates' courts not inconsistent with law. (b) Each magistrate may from time to time make and amend rules governing civil procedure in his court not inconsistent with law or with the rules adopted by the district court under subsection (a) of this section. Copies of rules and amendments so made by a magistrate shall be filed promptly with the district court. § 713. Territorial limits of process All process of magistrates' courts may be served anywhere within the territorial limits of the Canal Zone and, when a statute so provides, beyond the territorial limits of the Canal Zone. § 714. Filling blanks in summons and other papers The summons, execution, and every other paper made or issued by a magistrate's court, except a subpoenaj shall be issued without a blank left to be filled by another, otherwise it is void. § 715. Receipt and disposition of money Magistrates shall receive from the constables all money collected on any process or order issued from their courts, and shall pay it, and all money paid to them in their official capacity, over to the parties entitled or authorized to receive it, without delay. § 716. Surety bonds and undertakings Chapter 11 of Title 3, relating to surety bonds and undertakings, applies in civil actions in the magistrates' courts. § 717. Dockets (a) Each magistrate shall keep a book, denominated a "docket," in which he shall enter: (1) the title of every action or proceeding; (2) the object of the action or proceeding; and if a sum of money is claimed, the amount thereof; (3) the date of the summons, and the time of its return; and if an order to arrest the defendant is made, or a writ of attachment is issued, a statement of the fact; (4) the time when the parties, or either of them, appear, or their nonappearance, if default is made; a minute of the pleadings and motions; if in writing, referring to them; if not in writing, a concise statement of the material parts of the pleadings; (5) every adjournment, stating on whose application and to what time; (6) the judgment of the court, specifying the costs included 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; and (8) the receipt of a notice of appeal, if any is given, and of the appeal bond. (b) The several particulars specified in subsection (a) of this section shall be entered under the title of the action to which they relate, and, unless otherwise provided, at the time when they occur. The 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. (c) A magistrate shall keep an alphabetical index to his docket, in which shall be entered the names of the parties to each judg^nent, with a reference to the page of entry. The names of the plaintiffs shall be entered in the index, in the alphabetical order of the first letter of the family name.

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