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be done accordingly. When any writ of error or appeal shall be directed in the manner prescribed by this section, and the order of the judge of the supreme court shall be filed in the office of the clerk of the circuit court within thirty days after the end of the term at which the final judgment, decree, or order shall have been rendered or made, such writ of error or appeal shall operate as a supersedeas of all proceedings under such judgment or order.
SEC. 3. The two preceding sections of this chapter shall extend to any final judgment, decree, or order rendered or made in the circuit court on an appeal from any inferior court, except that of a justice of the peace.
SEC. 4. Cases in which either party would be entitled to a trial by jury, and when the amount in dispute is of sufficient value, may be removed to the supreme court of the United States by writ of error. Other cases, where the amount in dispute is of sufficient value, may be removed to said supreme court by appeal. In cases where a party would be entitled to an appeal, and where the matter in dispute, exclusive of costs, shall be of the value of one thousand dollars or upwards, the evidence shall be reduced to writing, under the direction of the circuit court.
SEC. 5. Subject to the foregoing provisions of this chapter, writs of error and appeals shall be prosecuted in the same manner, and the same proceedings shall be had therein, and with like effect, as is or shall be provided in cases of writs of error on judgments, or appeals upon orders or decrees, rendered in the circuit courts of the United States.
APPEALS FROM THE ORPHANS' COURT TO THE CIRCUIT COURT.
SEC. 6. Every final order, judgment, or decree of the orphans' court, and every order of the said court for the granting or refusing probate of a will or codicil, or for granting, or refusing, or revoking letters testamentary, or of administration, or guardianship, or for passing a final account of administration or guardianship, or for the distribution of an estate, or for assigning dower, or confirming a sale of real estate, may be reversed, affirmed, or modified by the circuit court, on appeal.
SEC. 7. Any person interested in or affected by the decision of the orphans' court, may appeal therefrom, by giving notice in open court
during the term at which the decision complained of is made, (an entry of which notice shall be made on the minutes of the court,) or by filing a notice of appeal with the register of wills, and serving written notice upon all others interested, if within this District, at any time within thirty days after the decision complained of is made.
SEC. 8. The appeal shall be deemed waived, unless the appellant shall, within ten days after the appeal is taken, file in the orphans' court the bond of himself or some other person, in a sum and with security to be approved by the judge of the orphans' court, conditioned that he will prosecute the appeal, and pay such damages and costs, and perform such order or decree in the cause as may be adjudged against him by the circuit court. The bond shall be payable to the United States, and, upon any breach of the condition thereof, may be sued upon by any one or more of the parties interested, in his or their own names; but the appeal of any executor or administrator shall be complete and effectual without any bond filed.
SEC. 9. The appeal shall not be a supersedeas in any other matter relating to the administration of the estate, except that upon which the appeal is specially taken. When the appeal is taken and perfected. by giving bond as aforesaid, when such is necessary, the register shall deposit in the office of the clerk of the circuit court all the original papers in his office relating to the subject-matter of the appeal, and shall also file in said clerk's office a copy of so much of the record of the proceedings in the orphans' court as may be necessary to elucidate the points in dispute between the parties.
SEC. 10. Upon the filing of the papers and a copy of the record in the circuit court, that court shall be possessed of the cause, and shall proceed to hear, try, and determine the same anew, as in other civil cases, without regarding any error, defect, or other imperfection in the proceedings of the orphans' court.
SEC. 11. When judgment upon an appeal from the orphans' court has been rendered by the circuit court, the clerk shall return into the orphans' court all the original papers, together with a certified transcript of the judgment or decree, and the orphans' court shall carry the same into effect.
Of actions in particular cases
CHAPTER 101. Of the foreclosure of mortgages.
CHAPTER 102. Of actions for a nuisance.
CHAPTER 103. Of actions to recover possession of real property, and to determine conflicting claims thereto.
CHAPTER 104. Of partition of real property.
CHAPTER 105. Of the enforcement of mechanics' liens on buildings.
CHAPTER 106. Of the enforcement of liens on boats, and other water craft.
CHAPTER 107. Of proceedings to enforce judgments against joint debtors, and the real estate of deceased judgment defendants. CHAPTER 108. Of remedies of sureties against their principals.
CHAPTER 109. Of actions by and against executors and administrators.
CHAPTER 110. Of the action for dower.
CHAPTER 111. Of mandamus and prohibition.
CHAPTER 112. Of certiorari.
CHAPTER 113. Of informations.
CHAPTER 114. Of habeas corpus.
OF THE FORECLOSURE OF MORTGAGES.
6. Proceedings when debt is due by instal
1. Equity of redemption may be foreclosed. Judgment on foreclosure.
4. Proceedings of marshal.
5. Plaintiff shall not foreclose when he has
brought another action on the debt.
7. Property may be sold in parcels.
8. Surplus to be paid to mortgage debtor.
SECTION 1. When default is made in the peformance of any condition contained in a mortgage, the mortgagee or his assigns may proceed to foreclose the equity of redemption contained in the mortgage.
SEC. 2. In rendering judgment of foreclosure, the court shall order the mortgaged premises, or so much thereof as may be necessary, to be sold to satisfy the mortgage and costs of the action. The payment of the mortgage debt, with interest and costs, at any time before sale, shall satisfy the judgment.
SEC. 3. The court shall direct in the order of sale that the sum
due on the mortgage and costs which may remain unsatisfied after the sale of the mortgaged premises, shall be levied on any property of the mortgage debtor.
SEC. 4. A copy of the order of sale and judgment shall be issued and certified by the clerk, under the seal of the court, to the marshal, who shall thereupon proceed to sell the mortgaged premises, or so much thereof as may be necessary to satisfy the judgment, interest, and costs, as upon execution, and if any part of the judgment, interests, and costs shall remain unsatisfied, the marshal shall forthwith proceed for the residue against the other property of the defendant.
SEC. 5. The plaintiff shall not proceed to foreclose his mortgage while he is prosecuting any other action for the same debt or matter which is secured by the mortgage, or while he is seeking to obtain execution of any judgment in such other action; nor shall he prosecute any other action for the same matter while he is foreclosing his mortgage, or prosecuting a judgment of foreclosure.
SEC. 6. Whenever a complaint is filed for the foreclosure of a mortgage upon which there shall be due any interest, or instalment of the principal, and there are other instalments not due, if the defendant pay into court the principal and interest due, with costs, at any time before final judgment, the complaint shall be dismissed if such payment be made after final judgment, proceedings thereon shall be stayed, subjeet to be enforced upon a subsequent default in the payment of any instalment of the principal or interest thereafter becoming due. In the final judgment, the court shall direct at what time and upon what default any subsequent execution shall issue.
SEC. 7. In such cases, after final judgment, the court shall ascertain whether the property can be sold in parcels, and if it can be done without injury to the interest of the parties, the court shall direct so much only of the premises to be sold as will be sufficient to pay the amount then due on the mortgage, with costs, and the judgment shall remain, to be enforced upon any subsequent default, unless the amount due shall be paid before execution of the judgment is perfected. If the mortgaged premises cannot be sold in parcels, the court shall order the whole to be sold, and the proceeds of the sale shall be applied, first, to the payment of the principal due, interest, and costs, and then to the residue secured by the mortgage and not
due; and if the residue do not bear interest, a deduction shall be made therefrom by discounting the legal interest.
SEC. 8. In all cases where the proceeds of sale shall be more than sufficient to pay the amount due and costs, the surplus shall be paid to the mortgage debtor, his heirs, or assigns.
ACTION FOR A NUISANCE.
1. What shall be deemed a nuisance.
SECTION 1. Whatever is injurious to health, or indecent, or offensive to the senses, or an obstruction to the free use of property, so as essentially to interfere with the comfortable enjoyment of life or property, is a nuisance, and the subject of an action.
SEC. 2. Such action may be brought by any person whose property is injuriously affected, or whose personal enjoyment is lessened by the nuisance, and by the judgment the nuisance may be enjoined or abated as well as damages recovered.
OF ACTION TO RECOVER THE POSSESSION OF REAL PROPERTY, AND TO DETERMINE CONFLICTING CLAIMS THERETO.
1. Interest in real property may be recovered by the party entitled.
2. Landlord may be substituted for tenant. 3. Service where defendant is a non-resident.
4. What the complaint shall contain. 5. What the answer shall contain.
2. Judgment in an action for a nuisance.
6. Judgment against tenant conclusive where landlord has received notice.
7. No proof of possession necessary where there is defence.
8. When judgment for damages and costs only.
9. Action not prejudiced by alienation. 10. Foreclosure and sale necessary. 11. Provision as to leases.
12. Court may allow a party to enter for the purpose of survey or measurement.
13. Jury may award exemplary damages. 14. Action for quieting title.
15. Provision as to an action against a co. tenant.
SECTION 1. Any person having a valid subsisting interest in real property, and a right to the possession thereof, may recover the same by action, to be brought against the tenant in possession; if there is