Εικόνες σελίδας
PDF
Ηλεκτρ. έκδοση

debtor has property which he unjustly refuses to apply to the satisfaction of the judgment, the court or judge may, by order, require the judgment debtor to appear before the court, or any judge thereof, to answer concerning the same; and such proceedings may thereupon be had for the application of the property of the judgment debtor towards the satisfaction of the judgment as are prescribed by law.

Sec. 3. Instead of the order requiring the attendance of the judgment debtor, as provided in the two preceding sections, the court or judge may, upon satisfactory proof, by affidavit of the party or otherwise, that there is danger of the debtor leaving this District or concealing himself to avoid said examination, issue a warrant requiring the marshal to arrest such debtor and bring him before the court or judge. Upon being brought before the court or judge, he shall be examined on oath, and other witnesses may be examined on either side, and if on such examination it appears that there is danger of the debtor leaving this District, and that he has property which he unjustly refuses to apply to such judgment, he may be ordered to enter into an undertaking in such sum as the court or judge may prescribe, with one or more sureties, in the discretion of such court or judge, that he will, from time to time, attend for examination before the court or judge, as may be directed.

Sec. 4. No person shall, on examination pursuant to this chapter, be excused from answering any question on the ground that his examination will tend to convict him of a fraud, but his answers shall not be used as evidence against him in any prosecution for such fraud.

Sec. 5. After the issuing of execution against property, any person indebted to the judgment debtor may pay to the marshal the amount of his debt, or so much thereof as may be necessary to satisfy the execution, and the marshal's receipt shall be a sufficient discharge for the amount so paid or directed to be credited by the judgment creditor on the execution.

Sec. 6. After the issuing or return of an execution against property of the judgment debtor, or of any one of several debtors in the same judgment, and upon proof, by affidavit or otherwise, to the satisfaction of the court, or any judge thereof, that any person or corporation has property of such judgment debtor, or is indebted to him, the court or judge may, by an order, require such person or corporation, or any officer or member thereof, to appear at a specified time and place, and answer concerning the same. The court or judge may also, in their 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 subpæna 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.

[blocks in formation]

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.

CHAPTER 97.

OF THE LIMITATION OF ACTIONS.

SECTION 1.

Within what period actions must be 2,

brought. 3. 4. When a cause of action accrues in the

case of mutual, open, and current ac

counts. 5. Limitations to apply to actions brought

by United States, or for their benefit. 6. When an action shall be deemed to be

commenced. 7. Limitation in case of absence of the

defendant. 8. Limitation where plaintiff is an infant, insane, a married woman,

or imprisoned. 9. Provision when a person cntitled dies

before limitation expires. 10. Provision where a person subject to an

action dies before limitation expires. 11. In actions by aliens, time of war to be

deducted.

SECTION
12. If judgment be reversed, &c., action may

be brought within one year afterwards. 13. If action be stayed by injunction, &c.,

the time of injunction, &c., shall not

be included. 14. Provision where defendant conceals a

fact, without any negligence of plain

tiff. 15. When a person shall not avail himself

of a disability. 16. Provision as to promise or acknowledg.

ment. 17. Limitation where the cause of action

arises in another State. 18. Rules where only part of plaintiffs are

barred. 19. Provision as to joint debtors. 20. Husband not barred from joining wife in

an action during coverture. 21. Provisions of this chapter not to extend 22. 3

to certain actions.

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 herein before 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 hereinbefore 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.

« ΠροηγούμενηΣυνέχεια »