Page:United States Statutes at Large Volume 76A.djvu/438

–342– -342§ 899. Relief from judgment or order; clerical mistakes; harmless error (a) On such terms as may be just, and on payment of costs, the court may relieve a party from a judgment by default taken against him by his mistake, inaavertence, surprise, or excusable neglect, but the application for relief shall be made within 10 days after notice of the entry of the judgment and upon an affidavit showing good cause therefor. (b) Upon motion of the injured party and notice to the adverse party the magistrate may correct clerical mistakes in his judgment as entered, so as to conform to the judgment ordered. The magistrate may set aside a void judgment upon motion of either party to the action after notice to the adverse party, and thereupon the action shall be treated as if judgment had not been entered. (c) Kule 61 of the Federal Rules of Civil Procedure, relating to harmless error, applies to the magistrates' courts. § 900. Confession of judgment or submission of controversy without action (a) Judgments upon confession may be entered as provided by section 515 of this title in either magistrate's court specified in the confession. (b) Section 516 of this title, relating to submission of a controversy without action, applies to the magistrates' courts. § 901. Offer of judgment before trial If the defendant, at any time before the trial, offers in writing to allow judgment to be taken against him for a specified sum, the plaintiff may immediately have judgment therefor, with the costs then accrued. If the plaintiff does not accept the offer before the trial, and fails to recover in the action a sum in excess of the offer, he may not recover costs incurred after the offer, but costs shall be adjudged against him, and, if he recovers, be deducted from his recovery. The offer and failure to accept it may not be given in evidence nor affect the recovery, otherwise than as to costs. § 902. Other provisions governing judgments Sections 511-514 and 631-636 of this title apply to judgments of the magistrates' courts. Subchapter VII—Execution § 921. Time for issuance of execution Execution for the enforcement of a judgment of a magistrate's court may be issued by the magistrate who entered the judgment, or his successor in office, on the application of the party entitled thereto, at any time witliin five years from the entry of judgment. § 922. Stay of execution The court, or the magistrate thereof, may stay the execution of any judgment, including any judgment in a case of forcible entry or unlawful detainer, for a period not exceeding 10 days. § 923. Contents of execution The execution shall be directed to the constable, and be subscribed by the magistrate and bear date the day of its delivery to the officer. I t shall intelligibly refer to the judgment, by stating the names of the parties, and the name of the magistrate before whom, and of the subdivision where, and the time when it was rendered; the amount of judgment, if it is for money; and, if less than the whole is due, the true amount due thereon. I t shall contain, in like cases, simi-

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