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discretion, require notice of such proceeding to be given to any party in the action, in such manner as may seem proper.

SEC. 8. Witnesses may be required, upon the order of the judge, or by a subpoena issued by the clerk, to appear and testify upon any proceedings under this chapter, in the same manner as upon the trial of an issue.

SEC. 8. The party or witness may be required to attend before the court or any judge thereof, or before a referee appointed by the court or judge thereof. All examinations and answers shall be on oath, except that when a corporation answers, the answer shall be on the oath of an officer thereof.

SEC. 9. The court or judge may order any property of the judgment debtor, not exempt from execution, in the hands either of himself or any other person or corporation, or any debt due to the judgment debtor, to be applied to the satisfaction of the judgment; but the earnings of the debtor for his personal services, at any time within three months next preceding the time of the order, shall not be so applied.

SEC. 10. The court or judge may also, by order, appoint the marshal or other suitable person a receiver of the property of the judgment debtor, and may forbid a transfer or other disposition of the property of the judgment debtor not exempt from execution, and any interference therewith.

SEC. 11. If the marshal shall be appointed receiver, he and his sureties shall be liable for the faithful discharge of his duties as such receiver; if any other person shall be appointed receiver, he shall give a written undertaking, in such sum as shall be prescribed by the court or judge, with one or more sureties, to the effect that he will faithfully discharge the duties of a receiver, and he shall also take an oath to the same effect, before acting as such receiver. The undertaking mentioned in this section shall be to the United States, and actions may be prosecuted for a breach thereof, by any person interested, in the same manner as upon the marshal's official bond.

SEC. 12. If any person, party, or witness, disobey an order of the court, judge, or referee, duly served, in any proceedings under this chapter, such person, party, or witness, may be punished by the court or judge as for a contempt.

SEC. 13. Costs shall be awarded and taxed in the proceedings under this chapter as in other cases.

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CHAPTER 96.

COMMISSIONER TO CONVEY REAL ESTATE.
SECTION

SECTION

1. When real property may be conveyed by a commissioner.

Requisites and effect of a conveyance
by the commissioner.

7. The court may compel a conveyance or appoint a commissioner.

8. Compensation of commissioner.

SECTION 1. Real property may be conveyed by a commissioner appointed by the court:

1. Where, by the judgment in an action, a party is ordered to convey real property to another, or any interest therein;

2. Or where real property, or any interest therein, has been sold and the purchase money paid.

SEC. 2. The deed of the commissioner shall so refer to the judgment authorizing the conveyance, that the same may be readily found, but need not recite the record in the case generally.

SEC 3. A conveyance made in pursuance of a judgment shall pass to the grantee the title of the parties ordered to convey the land.

SEC. 4. A conveyance made in pursuance of a sale ordered by the court shall pass to the grantee the title of all the parties to the action or proceeding.

SEC. 5. A conveyance by a commissioner shall not pass any right until it has been examined and approved by the court, which approval shall be endorsed on the conveyance and recorded with it.

SEC. 6. It shall be sufficient for the conveyance to be signed by the commissioner only, without affixing the names of the parties whose title is conveyed; but the names of the parties shall be recited in the body of the conveyance.

SEC. 7. In case of a judgment to compel a party to execute a conveyance of real estate, the court may enforce the judgment by attachment or sequestration, or appoint a commissioner to make the conveyance.

SEC. 8. The compensation of any commissioner appointed by the circuit court to sell or convey real estate shall be regulated and determined by said court.

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SECTION 1. Civil actions can only be commenced within the periods prescribed in this chapter, after the cause of action shall have accrued, except where a different limitation is specially prescribed by statute.

SEC. 2. The periods prescribed in the preceding section for the commencement of actions shall be as follows:

Within ten years.-1. Actions for the recovery of real property, or for the recovery of the possession thereof; and no action shall be maintained for such recovery, unless it appear that the plaintiff, his ancestor, predecessor, or grantor, was seized or possessed of the premises in question within ten years before the commencement of the action; 2. An action upon a judgment or decree of any court of the United States, or of any State or Territory of the United States.

Within six years.-1. An actiou upon any agreement, contract, or promise in writing, excepting those mentioned in the preceding subdivision; 2. An action for waste, or trespass upon real property.

Within three years.-1. An action upon a contract not in writing, express or implied; 2. An action upon a liability created by statute,

other than a forfeiture or penalty; 3. An action for taking, detaining, or injuring personal property, including an action for the specific recovery thereof; 4. An action for an injury to the rights of the plaintiff, not arising on contract, and not hereinafter enumerated; 5. An action for relief on the ground of fraud, the cause of action in such case not to be deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud.

Within two years.-1. An action for libel, slander, assault, battery, malicious prosecution, or false imprisonment; 2. An action upon a statute for a penalty or forfeiture.

SEC. 3. An action for relief, not hereinbefore provided for, shall be commenced within five years after the cause of action shall have accrued.

SEC. 4. In an action brought to recover a balance due upon a mutual, open, and current account, where there have been reciprocal demands between the parties, the cause of action shall be deemed to have accrued from the time of the last item proved in the account on either side.

SEC. 5. The limitations prescribed in this chapter shall apply to actions brought in the name of the United States, or for the benefit of the United States, in the same manner as to actions by private parties.

SEC. 6. An action shall be deemed to be commenced, within the meaning of this chapter, when the complaint has been filed in the proper court, and a summons directed to be issued.

SEC. 7. If, when the cause of action shall accrue against a person, he is out of this Distriet, the action may be commenced within the term herein before limited, after his return into this District, and if after the cause of action shall have accrued, he depart from this District, the time of his absence shall not be part of the time limited for the commencement of the action.

SEC. 8. If a person entitled to bring an action mentioned in this chapter, except for a penalty or forfeiture, be, at the time the cause of action accrued, either within the age of twenty-one years, or insane, or a married woman, or imprisoned on a criminal charge, or in execution under the sentence of a criminal court, for a term less than his natural life, the time of such disability shall not be a part of the time limited for the commencement of the action.

SEC. 9. If a person entitled to bring an action die before the expiration of the time limited for the commencement thereof, and the cause of action survive, an action may be commenced by his representatives after the expiration of the time and within two years from his death.

SEC. 10. If a person against whom an action may be brought die before the time limited for the commencement thereof, and the cause of action survive, an action may be commenced against his representatives after the expiration of that time, and within two years after the issuing of letters testamentary or administration.

SEC. 11. When a person shall be an alien subject or citizen of a country at war with the United States, the time of the continuance of the war shall not be a part of the period limited for the commencement of the action.

SEC. 12. If an action be commenced within due time, and a judgment therein for the plaintiff be reversed, or if the plaintiff fail in such action otherwise than upon the merits, and the time limited for the same shall have expired, the plaintiff, or, if he die and the cause of action survive, his representatives, may commence a new action within one year after such reversal or failure.

SEC. 13. When the commencement of an action shall be stayed by injunction or statutory prohibition, the time of the continuance of the injunction or prohibition shall not be a part of the time limited for the commencement of the action.

SEC. 14. If any person liable to an action shall conceal the fact from the knowledge of the person entitled thereto, and there is no negligence on the part of the latter, the action may be commenced at any time within the period of limitation, after the discovery of the cause of action.

SEC. 15. No person shall avail himself of a disability, unless it existed when his right of action accrued. When two or more disabilities co-exist at the time the right of action accrues, the limitation shall not attach until they all be removed.

SEC. 16. In any cause founded on contract, when an acknowledgment of existing liability, debt or claim, or any promise to pay the same shall have been made, an action may be brought on such case within the period herein before prescribed for the same, after such acknowledgment, or promise, but such acknowledgment or promise

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