§ 48-6-12. Summons for defendant

It shall be the duty of the magistrate, at the time he issues the warrant to issue a summons to the defendant requiring him to answer before such magistrate, if he has jurisdiction to finally try the cause, and, upon it being returned served, to proceed to judgment as in ordinary cases. If such magistrate has not jurisdiction to finally try the case, by reason of any provisions herein contained, he shall forthwith transfer all papers to the magistrate having jurisdiction to finally try said cause, who shall without delay issue summons to defendant, giving him notice of the suit and the time of the setting as provided by law; provided, that if the defendant has removed from the county without service, notice of suit shall be given him, as now provided by law, in attachment suit in magistrate court in this state, when the defendant is absent from the county or cannot be found in the county.