Subchapter IV-Judgments Against Joint Debtors

§ 631. Summoning unserved joint debtors to show cause why they should not be bound by judgment

When a judgment is recovered against one or more of several persons, jointly indebted upon an obligation, by proceeding as provided in section 169 of this title, those who were not originally served with the summons, and did not appear in the action, may be summoned to show cause why they should not be bound by the judgment, in the same manner as though they had been originally served with the summons.

§ 632. Form and service of summons

The summons specified in section 631 of this title shall describe the judgment, and require the person summoned to show cause why he should not be bound by it, and shall be served in the same manner, and be returnable within the same time, as the original summons. is not necessary to file a new complaint.

§ 633. Affidavit to accompany summons

It

The summons shall be accompanied by an affidavit of the plaintiff, his agent, representative, or attorney, that the judgment, or some part thereof, remains unsatisfied, and shall specify the amount due thereon. § 634. Answer

Upon such a summons, the defendant may answer within the time specified therein, denying the judgment, or setting up any defense which may have arisen subsequently; or he may deny his liability on the obligation upon which the judgment was recovered, by reason of any defense existing at the commencement of the action.

§ 635. Pleadings

If the defendant, in his answer, denies the judgment, or sets up any defense which may have arisen subsequently, the summons, with the affidavit annexed, and the answer, constitute the written allegations in the case; if he denies his liability on the obligation upon which the judgment was recovered, a copy of the original complaint and judgment, the summons, with the affidavit annexed, and the answer, constitute the written allegations, subject to the right of the parties to amend their pleadings as in other cases.

§ 636. Trial; amount of verdict or decision

The issues formed may be tried as in other cases; but when the defendant denies, in his answer, any liability on the obligation upon which the judgment was rendered, if a verdict is found or a decision rendered against him, it may not be for an amount exceeding the amount remaining unsatisfied on the original judgment, with interest thereon.

Subchapter V-Discharge of Persons Imprisoned on Civil Process § 661. Persons confined on execution issued on judgment; conditions for discharge

Any person confined in jail, on an execution issued on a judgment rendered in a civil action, shall be discharged therefrom upon the conditions specified in this subchapter.

§ 662. Notice of application for discharge

Such person must cause a notice in writing to be given to the plaintiff, his agent, or attorney, that at a certain time and place he will apply to the judge of the court from which the execution issued for the purpose of obtaining a discharge from his imprisonment.

§ 663. Service of notice

The notice must be served upon the plaintiff, his agent, or attorney, one day at least before the hearing of the application.

§ 664. Examination before judge

At the time and place specified in the notice, the person shall be taken before the judge, who shall examine him under oath concerning his estate and property and effects, and the disposal thereof, and his ability to pay the judgment for which he is committed; and the judge may also hear any other legal and pertinent evidence that may be produced by the debtor or the creditor.

§ 665. Written interrogatories to prisoner

The plaintiff in the action may, upon the examination, propose to the prisoner any interrogatories pertinent to the inquiry, and they shall, if required by him, be proposed and answered in writing, and the answer shall be signed and sworn to by the prisoner.

§ 666. Oath of prisoner

If, upon the examination, the judge is satisfied that the prisoner is entitled to his discharge, he shall administer to him the following oath, to wit:

"I,

do solemnly swear that I have not any estate, real or personal, to the amount of $50, except such as is by law exempted from being taken in execution; and that I have not any other estate now conveyed or concealed, or in any way disposed of, with design to secure the same to my use, or to hinder, delay, or defraud my creditors, so help me God."

§ 667. Order for discharge

After administering the oath, the judge shall issue an order that the prisoner be discharged from custody, and the officer, upon the service of the order, shall discharge the prisoner forthwith, if he is imprisoned for no other cause.

§ 668. Frequency of applications for discharge

If the judge does not discharge the prisoner, he may apply for his discharge at the end of every succeeding 10 days, in the same manner as above provided, and the same proceedings shall thereupon be had. § 669. Finality of discharge

The prisoner, after being so discharged, is forever exempted from arrest or imprisonment for the same debt, unless he is convicted of having willfully sworn falsely upon his examination before the judge, or in taking the oath prescribed in section 666 of this title.

§ 670. Judgment remains in force

The judgment against any prisoner who is discharged remains in full force against any estate which may then or at any time afterward belong to him, and the plaintiff may take out a new execution against the goods and estate of the prisoner, in like manner as if he had never been committed.

§ 671. Discharge on order of plaintiff

The plaintiff in the action may at any time order the prisoner to be discharged, and he is not thereafter liable to imprisonment for the same cause of action.

§ 672. Discharge on failure of plaintiff to pay for support of prisoner

If a person is committed to jail on an execution issued on a judgment recovered in a civil action, the creditor, his agent, or attorney shall advance to the jailer, on the commitment, sufficient money for

the support of the prisoner for one week, and shall make the like advance for every successive week of his imprisonment; and in case of failure to do so, the jailer shall forthwith discharge the prisoner from custody, and the discharge has the same effect as if made by order of the creditor.

CHAPTER 17-PROCEDURE IN MAGISTRATES' COURTS

Sec.

BUBCHAPTER I-GENERAL PROVISIONS

711. Provisions applicable to magistrates' courts. 712. Rules of procedure in magistrates' courts.

713. Territorial limits of process.

714. Filling blanks in summons and other papers.

715. Receipt and disposition of money.

716. Surety bonds and undertakings.

717. Dockets.

718. Computation of time.

719. Service and filing of pleadings and other papers; motions; notice of orders

or judgments.

720. Limitation of actions.

721. Parties; appearance in person or by attorney; other provisions.

722. Particular actions; miscellaneous provisions.

SUBCHAPTER II-COMMENCEMENT OF ACTIONS; SERVICE OF PROCESS

774. Motion to dismiss complaint.

775. Answer; counterclaims.

776. Failure to set up counterclaim.

777. Motion to strike answer; objections and defenses to answer. 778. Proceedings on motions.

779. Amendment of pleadings.

780. Admission of genuineness of documents contained in pleadings. 781. Order for inspection of account or document.

782. Signing and verification of pleadings.

SUBCHAPTER IV-PROVISIONAL REMEDIES

Article A-Civil Arrest and Bail

801. Order of arrest; grounds for arrest.

802. Affidavit and undertaking for order of arrest.

803. Arrested defendant taken before magistrate; bail. 804. Notice of arrest to plaintiff.

805. Custody of defendant.

Article B-Claim and Delivery of Personal Property

821. Procedure for claim and delivery.

Article C-Attachment

831. Actions in which attachment authorized; affidavit.

832. Undertaking on attachment; exceptions to sureties.

833. Direction and command of writ; more than one defendant; service outside subdivision.

834. Application of other provisions.

892. Judgment of dismissal without prejudice.

893. Judgment of dismissal for failure to bring to trial.

894. Affirmative judgment for defendant on counterclaim.

895. Remission of amount exceeding jurisdiction.

896. Time for entry of judgment.

897. Form and entry of judgment; arrest; notice of judgment.

898. Abstract of judgment.

899. Relief from judgment or order; clerical mistakes; harmless error.

900. Confession of judgment or submission of controversy without action. 901. Offer of Judgment before trial.

902. Other provisions governing judgments.

SUBCHAPTER VII-EXECUTION

921. Time for issuance of execution.

922. Stay of execution.

923. Contents of execution.

924. Renewal of execution.

925. Duty of constable; execution of writ.

926. Proceedings supplemental to execution.

927. Discharge of persons imprisoned on civil process.

SUBCHAPTER VIII-APPEALS TO DISTRICT COURT

951. Time for appeal; notice of appeal.

952. Appeal on question of law.

953. Appeal on questions of fact, or law and fact; trial de novo.

954. Filing of papers on appeal; benefit of legal objections.

955. Undertaking on appeal.

956. Filing of undertaking; exception to and justification of sureties.

957. Stay of proceedings on filing undertaking.

958. Powers of district court on appeal.

959. Dismissal of appeal for failure to bring to trial.

960. Dismissal of appeal; return of papers; jurisdiction of magistrate.

Subchapter I-General Provisions

§ 711. Provisions applicable to magistrates' courts

(a) Magistrates' courts being courts of limited jurisdiction, this title, other than this chapter, applies to magistrates' courts and the proceedings therein only to the extent to which it is specifically made applicable by this chapter.

(b) The Federal Rules of Civil Procedure do not apply to magistrates' courts unless:

(1) they are incorporated by reference in a section of this title and the section is applicable to the magistrates' courts under this chapter; or

(2) they are specifically made applicable by this chapter. (c) When a provision of law or of the Federal Rules of Civil Procedure governing the district court is applicable to the magistrates' courts, references therein to the court or judge shall be deemed to refer to the magistrate; references to the marshal shall be deemed to refer to the constable; and references to the clerk of the district court shall be deemed to refer to the magistrate. With respect to the Federal Rules of Civil Procedure, the provisions of subsection (b) of section 1 of this title apply.

§ 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 subpoena, 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 judgment, with a reference to the page of entry. The names of the plaintiff's shall be entered in the index, in the alphabetical order of the first letter of the family name.