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SEC. 11. A challenge to the panel shall only be allowed in the case of a material departure from the forms prescribed by law in respect to the drawing and return of the jury. Such challenge shall be taken before the jury is sworn, and shall be in writing, specifying plainly and distinctly the facts constituting the ground of challenge. The court shall try the sufficiency and truth of such challenge.
SEC. 12. The court, at any time during the term, may discharge the whole or any number of the jurors, when their services are not required; after such discharge, at the same term, should a jury be required, the court shall direct the marshal to summon one from other competent residents of this District.
SEC. 13. Jurors shall be entitled to two dollars for each day's services, counting, in case of the regular panel, from the commencement of the term to the time of their discharge, and deducting the days on which they shall not have attended. Those casually summoned shall only be paid for the time they actually serve.
MISCELLANEOUS AND GENERAL PROVISIONS.
10. When new party introduced, he is entitled to notice.
1. Writing to a person dead at the time of its execution valid.
2. Joint obligations may be enforced against representative of deceased.
3. Provision as to tender.
4. Where christian name is abbreviated.
6. Person injured by violation of a statute may recover damages.
7. Insulting words actionable.
8. Any case seven years pending, may be discontinued.
9. Courts or officers authorized to take bail or surety may examine a party on oath.
11. Notice to be given in writing.
12. Marshal may discharge debtor, if maintenance be not paid.
14. 15. 16.
13. Rule as to actions already commenced. Rules of construction, and provisions as to the operation and effect of the Code.
18. No discontinuance, when day for com-
SECTION 1. A bond, note, or other writing to a person who is dead at the time of its execution shall be as valid as if such person were then alive, and may be proceeded on in the name of the representative of such person.
SEC. 2. The representative of one bound with another either jointly or as partner, by judgment or otherwise, for the payment of a debt, or the performance or forbearance of an act, or for any other thing, and dying in the lifetime of the latter, may be charged in same manner as such representative might have been charged if those bound jointly or as partners had been bound severally as well as jointly, otherwise than as partners.
SEC. 3. If an action be brought on any writing obligatory, promise, or contract, for the payment of money, and the defendant shall answer and prove that he did tender payment of the money due on such writing obligatory, promise, or contract, at the time and place where he was holden to pay the same, or at any time before the commencement of said action thereon, and shall bring into court the money so due and tendered, the plaintiff shall not have judgment for more than the money so due and tendered, without costs, and shall pay the defendant his costs.
SEC. 4. In all actions upon bills of exchange, or promissory notes, or other written instruments, whenever any of the parties thereto are designated by the initial letter or letters, or some contraction of the christian or first name or names, it shall be sufficient to designate such person by the same initial letter or letters or contraction of the first name or names, instead of stating the christian name or the first name or names in full.
SEC. 5. Any company or association of persons formed for the purpose of carrying on any trade or business, or for the purpose of holding any species of property in this District, and not incorporated as such, may be sued by such usual or ordinary name as such company, partnership, or association may have assumed to itself or be known by, unless the names of the persons composing such company, partnership, or association be disclosed by a sign, in letters easy to be read, placed conspicuously at the place where such trade or business is conducted; and in such case, it shall not be necessary to set forth in the process or pleadings, or to prove at the trial, the names of the persons composing such company, partnership, or association. Process against any such company, partnership, or association may be served by leaving a copy thereof at their usual place of business; and execution issued on any judgment rendered in such proceedings shall operate only on the partnership property. If such execution
be returned unsatisfied in whole or in part, any one or more persons composing such company, partnership, or association may be summoned to show cause why he or they should not be bound by the judgment in the same manner as if he or they had been originally summoned, and proceedings may be had therein, and judgment rendered, and execution issued, as in other cases. The remedies given by this section shall be construed as being in addition to such as otherwise exist against companies, partnerships, or associations.
SEC. 6. Any person injured by a violation of a statute may recover from the offender such damages as he may sustain by reason of the violation, although a penalty or forfeiture for such violation be thereby imposed, unless the same be expressly mentioned to be in lieu of such damages.
SEC. 7. All words which from their usual construction and common acceptation are construed as insults, and tend to violence and breach of the peace, shall be actionable.
SEC. 8. Any court in which is pending any case wherein for more than seven years there has been no order or proceeding but to continue, may, in its discretion, order such case to be struck from its docket; and it shall thereby be discontinued. Any such case, upon good cause shown, may be reinstated, on motion, within two years from the date of such order, but not after.
SEC. 9. Every court and officer authorized to take any bail or surety shall have power to examine on oath the person offering to become such bail or surety, concerning his property and sufficiency as such bail or security.
SEC. 10. When a new party is introduced into an action as a representative or successor of a former party, such new party shall be entitled, except where otherwise expressly provided, to the same notice, to be given in the same manner as required for defendants in the commencement of an action.
SEC. 11. In all cases where notice is required by this Code, except where otherwise provided, it must be in writing.
SEC. 12. No person shall be detained in jail by virtue of any execution issued by any judgment creditor, unless such judgment creditor, his agent, or attorney, shall, on demand of the marshal, pay the cost of the maintenance of the debtor in jail, or give such security therefor as shall be satisfactory to the marshal. If such sum
be not paid or such security given, the debtor may be discharged, and no execution against the body of such debtor shall again issue upon such judgment.
SEC. 13. In actions already commenced, the pleadings to be had to form issues, the manner of procuring testimony, the examination of witnesses, the trial and rendition of judgment, and all other proceedings, shall conform to the provisions of Part III of this Code as far as practicable.
SEC. 14. The provisions of Part III of this Code shall be liberally construed.
SEC. 15. No part of this Code shall be retroactive, unless expressly so declared. The liens of judgments and decrees rendered when it takes effect, shall be preserved.
SEC. 16. All rights of action secured by existing laws may be prosecuted, subject to the provisions of the next succeeding section, in the manner provided by this Code. If ever a case arise in which an action for the enforcement or protection of a right, or the redress or prevention of a wrong, cannot be had under the provisions of this Code, the practice heretofore in use, subject to such modifications as may be ordered by the court, may be adopted, so far as may be necessary to prevent a failure of justice.
SEC. 17. Where by any statute in force a civil action, legal or equitable, is given, and the mode of proceeding therein is prescribed, the same may be followed; but in all such cases, as far as may be consistent with the statute giving such action, and practicable, the proceedings shall be conducted in conformity to this Code. Where the statute designates by name or otherwise the kind of action, but does not prescribe the mode of proceeding therein, such action shall be commenced and prosecuted in conformity to the provisions of Part. III of this Code. Where the statute gives an action, but does not designate the kind of action, or prescribe the mode of proceeding therein, such action shall be held to be a civil action, to be commenced and prosecuted in conformity to the provisions of Part III of this Code.
SEC. 18. When the day for commencing any term of a court is changed, there shall be no discontinuance, but every notice, recognizance, or process given, taken, or returnable to the day fixed before such change, and all matters ready for the court to act upon if it had
been held on any such day, shall be in the same condition and have the same effect as if given, taken, or returnable or continued to the substituted term.
SEC. 19. Nothing in this Code shall operate to discontinue any cause or matter, civil or criminal, which shall be depending and undetermined in any court on the day before this Code takes effect; but every such cause and matter shall be proceeded in, tried, and determined in such court. The papers and records of such causes and matters, and all books, records, and papers whatever, which on said day may be in the custody of any clerk or register of a court, shall remain in the custody of the clerk or register of the same, or be delivered over to the proper clerk, or recorder, as the case may be.