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must be in writing, signed by the party to be charged thereby. When any part of the principal or interest shall have been paid, and that fact shall be evidenced by a memorandum in writing made or signed by the party sought to be charged, the same shall be deemed to be an acknowledgment within the meaning of this section.
SEC. 17. Where the cause of action has arisen in another country or State between non-residents of this District, and by the laws of the country or State where the cause of action arose an action cannot be maintained thereon by reason of the lapse of time, no action shall be maintained thereon in this District.
SEC. 18. In cases where part only of the persons entitled to bring an action are barred by limitation, all may be joined as plaintiff and when it shall appear to the satisfaction of the court, by admission or otherwise, that part of the plaintiffs are barred, the court, upon motion, shall order the names of such plaintiffs to be struck from the record, and the action may be prosecuted by those not barred.
SEC. 19. Neither a joint debtor or his representatives, in whose favor the limitation has operated, shall be liable to a joint debtor or surety, or their representatives, upon payment by such joint debtor or surety, or their representatives, of the debt or any part of it.
SEC. 20. The statute of limitations shall in no case bar the right of the husband to join with his wife, at any time during coverture, in any action which would survive to her after the removal of her disability.
SEC. 21. The limitations in this chapter shall not extend to cases where the right of action has already accrued, but the laws relating to limitations in force on the day before the passage of this act shall be applicable to such cases, according to the subject of the action, and without regard to form: provided, however, that nothing in this section contained shall extend any limitation to any greater length of time beyond the time of the passage of this act, than is in the preceding sections of this chapter provided. No cause of action barred by the laws in force relating to limitations on the day before the passage of this act shall be revived by the provisions of this chapter.
SEC. 22. The limitations in this chapter shall not apply in the case of a continuing and subsisting trust, or to an action by a vendee of real property, in possession thereof, to obtain a conveyance of it.
SECTION 1. In all cases in which the plaintiff is a non-resident of this District, before commencing such action the plaintiff must furnish a sufficient surety for costs. The surety must be a resident of this District, and approved by the clerk. This obligation shall be com. plete simply by signing his name on the complaint as surety for costs. He shall be bound for the payment of all costs which may be adjudged against the plaintiff in the court in which the action is brought, and for the costs of the plaintiff's witnesses, whether the plaintiff obtain judgment or not.
SEC. 2. An action in which security for costs is required by the preceding section, and has not been given, shall be dismissed on the motion and notice by the defendant, at any proper time before judgment, unless in a reasonable time, to be allowed by the court, such security for costs shall be given.
SEC. 3. If a plaintiff in an action after its commencement become a non-resident of this District, he shall give security for costs, in the manner and under the restrictions provided in the two preceding sections.
SEC. 4. In an action in which security for costs has been given, the defendant may, at any time before judgment, after reasonable notice to the plaintiff, move the court for additional security on the part of the plaintiff; and if on such motion the court shall be satisfied that the surety has removed from this District, or is not sufficient, the case may be dismissed, unless in a reasonable time, to be fixed by the court, sufficient surety be given by the plaintiff.
SEC. 5. After final judgment has been rendered in an action in
which security for costs has been given as required by this chapter, the court, on motion of the defendant, or any other person having the right to such costs or any part thereof, after ten days' notice of such motion, may enter up judgment in the name of the defendant or his legal representatives, against the surety for costs, his executors, or administrators, for the amount of costs adjudged against the plaintiff, or so much thereof as may be unpaid. Execution may be issued on such judgment, as in other cases, for the use and benefit of the persons entitled to such costs.
SEC. 6. Unless otherwise provided by statute, the costs of motions, continuances, amendments, and the like, shall be taxed and paid as the court, in its discretion, may direct.
SEC. 7. Where it is not otherwise provided, costs shall be allowed, of course, to the plaintiff, upon a judgment in his favor, in actions for the recovery of money only, or for the recovery of specific real or personal property.
SEC. 8. Costs shall be allowed, of course, to any defendant, upon a judgment in his favor, in the actions mentioned in the preceding
SEC. 9. In other actions, the court may award and tax costs, and apportion the same between the parties on the same or adverse sides, as in its discretion it may think right and equitable.
SEC. 10. In all actions for libel, slander, malicious prosecution, assault, assault and battery, false imprisonment, criminal conversation, or seduction, actions for nuisance, or against a justice of the peace for misconduct in office, if the damages assessed be under ten dollars, the plaintiff shall not recover any costs.
SEC. 11. Upon an appeal from the orphans' court to the circuit court, costs shall be recovered in the circuit court by the party substantially prevailing.
SEC. 12. In an action prosecuted or defended by an executor, administrator, guardian, next friend, trustee of an express trust, or a person expressly authorized by statute, costs shall be recovered as in ar action by or against a person prosecuting or defending in his own right, but such costs shall be chargeable only upon, or collected off, the estate, fund, or party represented, unless the court shall direct the same to be paid by the plaintiff or defendant personally, for mismanagement or bad faith in such action or defence.
SEC. 13. When any party recovers costs, the clerk shall include in the costs, for the fee of such party's attorney, (if he have one,) five dollars. The clerk shall also tax, in favor of the party recovering costs, the allowance to his witnesses, the fees of officers, the compensation of referees, the necessary expenses of taking depositions by commission or otherwise, and any further sum for any other matter which the court may deem reasonable and direct to be taxed.
SEC. 14. No attorney, counsellor, or other officer of the court shall be received as security for costs, or in any proceeding in court.
OF PROCEEDINGS TO REVIEW JUDGMENTS.
1. Who may have and when may be had a review.
2. Granting a review in the discretion of
3. Notice to be given to the adverse party.
4. Court may order a supersedeas.
5. Upon hearing of review, the court may affirm, reverse, or modify the judgment.
SECTION 1. Any person who is a party to any judgment rendered in the circuit court, or the heirs, devisees, or personal representatives of a deceased party, may file in said court a petition for a review of the proceedings and judgment at any time within three years next after the rendition thereof. Any person under legal disabilities may file such a petition at any time within one year after the disability is removed. But no petition shall be filed for a review of a judgment of divorce. If any facts be set forth in the petition as grounds for a review, they shall be verified by affidavit.
SEC. 2. The circuit court may, in furtherance of justice, grant a review of such judgment on such terms as it may deem proper and reasonable, or may, in its discretion, refuse the same.
SEC. 3. Notice of the filing of any such petition shall be given to the adverse party. If the review be granted, the parties shall proceed to form issues of law and fact, as in other cases.
SEC. 4. If the execution in the original action has not been satisfied, the court may order a stay or supersedeas thereof, upon security being given by the petitioner to the adverse party to pay whatever shall
appear to be due to him after the final judgment in the review, or upon such other terms as the court shall deem just and reasonable.
SEC. 5. Upon the hearing of the review, the court may reverse or affirm the judgment, in whole or in part, or modify the same, as the justice of the case may require, and award costs according to its discretion.
OF APPEALS FROM THE CIRCUIT COURT TO THE SUPREME COURT OF THE
SECTION 1. Any final judgment, decree, or order in the circuit court wherein the matter in dispute, exclusive of costs, shall be of the value of one thousand dollars or upwards, may be re-examined and reversed or affirmed in the supreme court of the United States by writ of error or appeal.
SEC. 2. Where the matter in dispute in the circuit court, exclusive of costs, shall be of the value of one hundred dollars, and of less value than one thousand dollars, upon the presentation to any judge of the supreme court of the United States of a petition in writing, accompanied by a copy of the proceedings complained of and an assignment of errors relied on, he may, in his discretion, upon the execution of a proper undertaking, with sufficient security, by the party applying, by his order to the clerk of the circuit court, direct an appeal to be allowed, or a writ of error to be issued; which shall