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proved by the court or judge, to the effect that the sureties will, on demand, pay to the plaintiff the amount of the judgment that may be recovered against the defendant in the action, not exceeding the sum specified in the undertaking, which shall be sufficient to satisfy the amount claimed by the plaintiff in his complaint, and the costs. The sureties may be required to justify, on application to the court or judge, and the property attached shall not be released from the attachment without their so justifying, if it be required.
SEC. 31. The defendant may also, at any time before the time for answering expires, apply, on motion, upon reasonable notice to the plaintiff, to the court or judge, to discharge the attachment, on the ground that the writ was improperly issued. If the motion be made upon affidavit, on the part of the defendant, but not otherwise, the plaintiff may oppose the same by affidavits or other evidence, in addition to those on which the writ of attachment was issued. If upon such application it shall satisfactorily appear that such writ was improperly issued, it shall be discharged.
SEC. 32. When the writ of attachment shall be fully executed or discharged, the marshal shall return the same, with his proceedings thereon.
SEC. 33. Where a debtor has departed from this District with intent to defraud his creditors, or has assigned, secreted, removed, or disposed of, or is about to assign, secrete, remove, or dispose of, his property not exempt from execution, with intent to defraud his creditors, a creditor may bring an action on his claim before it is due, and have an attachment against the property of the debtor.
SEC. 34. The attachment authorized by the last section shall only be granted by the court or by the judge thereof; but before such action shall be brought, or such attachment shall be granted, the plaintiff, or some other person in his behalf, shall make an affidavit showing the nature and amount of the plaintiff's claim, that it is just, when the same will become due, and the existence of some one of the grounds for attachment mentioned in the preceding section. The order of the court or judge granting the attachment shall specify the amount for which it is allowed, not exceeding a sum sufficient to satisfy the plaintiff's claim and the probable costs of the action. The attachment shall not be issued by the clerk until the plaintiff has executed the undertaking required by section three of this chapter. In such
action the plaintiff shall not have judgment on his claim before it becomes due. The proceedings shall be as in other cases of attachment, except as otherwise provided.
OF RECEIVERS AND DEPOSIT IN COURT.
5. Disobedience of such order may be punished as for a contempt.
6. Receiver may bring and defend actions. 7. When plaintiff's claim is admitted, the court may order it to be satisfied.
1. When a receiver may be appointed.
3. Receiver to take an oath and give a bond. 4. Upon an admission, the court may order a fund to be deposited in court or delivered over.
SECTION 1. A receiver may be appointed by the court:
1. In an action by a vendor to vacate a fraudulent purchase of property, or by a creditor to subject any property or fund to his claim, or between partners or others jointly interested in any property or fund, on the application of the plaintiff, or of any party whose right to or interest in the property or fund, or the proceeds thereof, is probable, and where it is shown that the property or fund is in danger of being lost, removed, or materially injured.
2. In an action by a mortgagee for the foreclosure of the mortgage and sale of the mortgaged property, where it appears that the mortgaged property is in danger of being lost, removed, or materially injured, or that the condition of the mortgage has not been performed, and that the property is probably insufficient to discharge the mortgage debt.
3. After judgment, to carry the judgment into effect.
4. After judgment, to dispose of the property according to the judgment, or to preserve it during the pendency of an appeal, or when an execution has been returned unsatisfied and the judgment debtor refuses to apply his property in satisfaction of the judgment.
5. In such other cases as may be provided by law; or when, in the discretion of the court, it may be necessary to secure ample justice to the parties.
SEC. 2. No party, or attorney, or person interested in any action, shall be appointed receiver therein.
SEC. 3. Before entering upon his duties, the receiver must be sworn to perform them faithfully, and, with one or more sureties to be approved by the court, shall execute an undertaking to such person, and in such sum as the court shall direct, to the effect that he will faithfully discharge the duties of receiver in the action, and obey the orders of the court therein.
SEC. 4. When it is admitted by the pleading or examination of a party that he has in his possession or under his control any money or other thing capable of delivery, which, being the subject of the litigation, is held by him as trustee for another party, or which belongs or is due to another party, the court may order the same to be deposited in court, or delivered to such party, with or without security, subject to the further direction of the court.
SEC. 5. Whenever, in the exercise of its authority, a court shall have ordered the deposit or delivery of money, or other thing, and the order is disobeyed, the court, besides punishing the disobedience, as for a contempt, may make an order requiring the marshal to take the money, or thing, and deposit or deliver it in conformity with the direction of the court.
SEC. 6. The receiver shall have power, under the control of the court, to bring and defend actions; to take and keep possession of the property; to receive rents; collect debts; and generally to do such acts, respecting the property, as the court may authorize. He shall be allowed such compensation for his services as the court may deem just and proper, to be taxed as the court may order.
SEC. 7. Whenever the answer of the defendant admits part of the plaintiff's claim to be just, the court, on motion, may order the defendant to satisfy that part of the claim, and may enforce the order by execution or attachment.
Of issues of law and fact.
How issues shall be tried.
6. Actions to be entered in the order in
which they were brought.
7. How the trial docket shall be made up. When actions shall be tried.
10. Either party may bring an issue to trial. 11. Of motions to postpone trials on the ground of absence of evidence.
SECTION 1. Issues arise upon the pleadings where a fact or conclusion of law is maintained by one party, and controverted by the other. They are of two kinds:
1. Of law; and,
2. Of fact.
SEC. 2. An issue of law arises upon a demurrer to the complaint, answer or reply, or to some part thereof.
SEC. 3. An issue of fact arises:
1. Upon a material allegation in the complaint, controverted by the answer; or,
2. Upon a counter-claim or set-off in the answer, controverted by the reply; or,
3. Upon new material matter in the answer or reply, which shall be considered as controverted by the opposite party, without further pleading.
SEC. 4. An issue of law shall be tried by the court, unless it be referred by consent, as provided by statute. An issue of fact in any action for the recovery of money, or of specific real or personal property, shall be tried by a jury, unless a jury trial is waived, or a reference be ordered, as provided by statute.
SEC. 5. All other issues of fact shall be tried by the court, subject to its power to order any issue or issues to be tried by a jury, in its discretion, or upon the application of either party, or referred as provided by statute.
SEC. 6. The clerk shall enter upon the appearance docket all actions in the order in which they were brought, the date of the summons, the time of the return thereof by the officer, and his return thereon, the time of filing the complaint, and all subsequent pleadings
SEC. 7. The trial docket shall be made out by the clerk at least twelve days before the first day of each term of the court; and the actions shall be set for particular days in the order in which the issues were made up, whether of law or fact, and so arranged that the causes set for each day shall be tried as nearly as may be on that day. For the purpose of arranging said docket, an issue shall be considered as made up when either party is in default of a pleading.
SEC. 8. The trial in each action shall be in the order on which it stands upon the trial docket, unless the court, for cause shown, shall otherwise direct.
SEC. 9. Actions shall be triable at the first term of the court after the issues therein are or should have been made up; and when by the times fixed for pleading the issues are or should have been made up either before or during a term of court, but after the period for preparing the trial docket of such term, the clerk, if required by the court, shall place such actions on the trial docket of that term.
SEC. 10. Either party may bring the issue to trial; and in the absence of the adverse party, unless the court for good cause otherwise direct, may proceed with his case, and take a dismissal of the action, or a verdict or judgment, as the case may require.
SEC. 11. A motion to postpone a trial on the ground of the absence of evidence shall only be made upon affidavit, showing the materiality of the evidence expected to be obtained, and that due diligence has been used to procure it. The court may also require the moving party to state upon affidavit the evidence which he expects to obtain, and if the adverse party thereupon admit that such evidence would be given, and that it be considered as actually given on the trial, or offered subject to all proper objections, the trial shall not be postponed.
TRIAL BY JURY.
6. Ballots; when to be returned to the box. 7. The order of trial.
8. Jury may have a view if the court think
1. Jurors; how chosen.
2. Challenges; how made.
3. Challenges for cause; for what taken.
4. Challenges for cause to be tried by the
5. Oath to the jurors.
9. Duties of officer having charge of jury.