« ΠροηγούμενηΣυνέχεια »
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 commence ment 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 same shall have been made, an action may be brought on such case within the period hereinbefore prescribed for the same, after such acknowledgment, or promise, but such acknowledgment or promise
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 plaintiffs; 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.
missed. 3. If plaintiff become nonresident, secu
rity must be given. 4. Court may require additional security. 5. Judgment may be given for costs. 6. Costs to be taxed as the court may
How costs shall be allowed.
ages below ten dollars.
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 complete 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 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 section.
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 an 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.
the court. 3. Notice to be given to the adverse party.
4. Court may order a supersedeas.
affirm, reverse, or modify the jodg.
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