accordingly; and any execution which has been issued upon the 15 Stat., 502. judgment appealed from shall be amended by the Trial Justice to correspond with the amended judgment. If such offer be not made, and the judgment in the Appellate Court be more favorable to the appellant than the judgment in the Court below, or if such offer be made and not accepted, and the judgment in the Appellate Court be more favorable to the appellant than the offer of the respondent, the appellant shall recover costs: Provided, however, That the appellant shall not recover costs unless the judgment appealed from shall be reversed on such appeal, or be made more favorable to him, to the amount of at least ten dollars. If the offer be made, and accepted by the appellant, the appellant shall recover all his disbursements on appeal, and all his costs in the Court below. But the appellant shall not recover costs except as provided in this chapter. The respondent shall be entitled to recover costs where the appellant is not. Whenever costs are awarded to the appellant, and when the judgment in the suit 15 Stat., 502 before the Court below was against such appellant, he shall further be allowed to tax the ccsts incurred by him which he would have been entitled to recover in case the judgment below has been rendered in his favor. If, upon an appeal, a recovery for any debt or damages be had by one party, and costs be awarded to the other party, the Court shall set off such costs against such debt or damages, and render judgment for the balance. The following fees and costs, and no other, except fees of officers, disbursements and witnesses' fees, shall be allowed, on appeal, to the party entitled to costs, as herein provided, when the new trial is in the Circuit Court: proceedings before notice of trial, five dollars; for all subsequent proceedings before trial, three dollars; for trial of an issue of law, five dollars; for every trial of an issue of fact, seven dollars; for argument of a motion for a new trial on a case or a bill of exceptions, five dollars; in all cases, to either party, for every term, not exceeding five, at which the appeal is necessarily on the calendar, and is not tried or is not postponed by the Court, five dollars. In other appeals the costs shall be as follows: To the appellant, on reversal, seven dollars; to the respondent, on the affirmance, seven dollars. If the judgment appealed from be reversed in part and affirmed as to the residue, the amount of costs allowed to either party shall be such sum as the Appellate Court may award, not exceeding five dollars. If the appeal be dismissed for want For Trial Justice. 15 Stat., 502. of prosecution, as provided by Section three hundred and eighty. one, no costs shall be allowed to either party. In every appeal, the Trial Justice before whom the judgment appealed from was rendered, shall receive one dollar for his return. If the judgment be reversed for an error of fact in the proceedings, not affecting the merits, costs shall be in the discretion of the Court. If, in the notice of appeal, the appellant shall not state in what particular or particulars he claims the judgment should have been more favorable to him, he shall not be entitled to costs unless the judgment appealed from shall be wholly reversed. TITLE XII. OF THE MISCELLANEOUS PROCEEDINGS IN CIVIL ACTIONS, AND GENERAL PROVISIONS. CHAPTER I. SUBMITTING A CONTROVERSY WITHOUT ACTION. II. PROCEEDINGS AGAINST JOINT DEBTORS, HEIRS, LEGATEES, DEVISEES, AND TENANTS HOLDING UNDER A JUDGMENT III. CONFESSION OF A JUDGMENT WITHOUT ACTION. IV. OFFERS OF THE DEFENDANT TO COMPROMISE THE WHOLE OR A PART OF THE ACTION. V. ADMISSION OR INSPECTION OF WRITINGS. VI. EXAMINATION OF PARTIES. VII. EXAMINATION OF WITNESSES. VIII. MOTIONS AND ORDERS. IX. ENTITLING AFFIDAVITS. X. COMPUTATION OF TIME. XI. NOTICES, AND FILING AND SERVICE OF PAPERS. XII. DUTIES OF SHERIFFS AND CORONERS. XIII. ACCOUNTABILITY OF GUARDIANS. XIV. POWERS OF REFEREES. XV. MISCELLANEOUS PROVISIONS. CHAPTER I. SUBMITTING A CONTROVERSY WITHOUT ACTION. SEC. 389. Controversy, how submitted without action. 390. Judgment, how enforced. 391. Judgment, how enforced or appealed from. how submitted SEC. 389. Parties to a question in difference, which might be Controversy, subject of civil action, may, without action, agree upon a case con- without action. taining the facts upon which the controversy depends, and present a submission of the same to any Court which would have jurisdiction if an action had been brought. But it must appear by affidavit that the controversy is real, and the proceeding in good faith, to determine the rights of the parties. The Court shall thereupon hear and determine the case, and render judgment thereon, as if an action were depending. SEC. 390. Judgment shall be entered in the judgment-book, as Judgment. in other cases, but without costs for any proceeding prior to notice of trial. The case, the submission, and a copy of the judgment, shall constitute the judgment-roll. SEC. 391. The judgment may be enforced in the same manner as if it had been rendered in an action, and shall be subject to appeal in like manner. Judgment, appealed from. how enforced or CHAPTER II PROCEEDINGS AGAINST JOINT DEBTORS, HEIRS, DEVISEES, LEGATEES, AND SEC. 392. Parties, not summoned in action on joint contract, may 393. If judgment debtor die, his representative may be sum- 394. Form of summons. 395. Summons to be accompanied by affidavit of amount due. 397. Subsequent pleadings and proceedings the same as in an action. 398. Answer and reply to be verified as in an action. Parties not summoned in contract may be SEC. 392. When a judgment shall be recovered against one or action on a joint more of several persons jointly indebted upon a contract, by prosummoned after ceeding as provided in Section one hundred and fifty-nine, those judgment. who were not originally summoned to answer the complaint may be summoned to show cause why they should not be bound by the judgment, in the same manner as if they had been originally summoned. If a judgment debtor die, his to be summon ed. SEC. 393. In case of the death of a judgment debtor after judg representatives ment, the heirs, devisees or legatees of the judgment debtor, or the tenants of real property owned by him and affected by the judg ment, may, at any time within three years from the time of granting letters testamentary or of administration upon the estate of the testator or intestate, be summoned to show cause why the judgment should not be enforced against the estate of the judgment debtor in their hands respectively; and the personal representatives of a deceased judgment debtor may be summoned at any time within one year after their appointment. Form of summons. To be accompanied by affi SEC. 394. The summons provided in the last two Sections shall be subscribed by the judgment creditor, his representative or attorney, shall describe the judgment, and require the person summoned to show cause within twenty days after the service of the summons; and shall be served in like manner as the original summons. SEC. 395. The summons shall be accompanied by an affidavit of davit of the the person subscribing it, that the judgment has not been satisfied, to his knowledge, or information and belief, and shall specify the amount due thereon. amount due. Party summoned to swer and fend. an SEC. 396. Upon such summons, any party summoned may ande-swer within the time specified therein, denying the judgment, or setting up any defence thereto which may have arisen subsequently to such judgment; and in addition thereto, if the party be proceeded against according to Section three hundred and ninety-two, he may make any defence which he might have made to the action if the summons had been served on him at the time when the same was originally commenced, and such defence had been then interposed to such action. pleadings and Subsequent SEC. 397. The party issuing the summons may demur or reply proceedings to the answer, and the party summoned may demur to the reply; and the issues may be tried and judgment may be given in the same manner as in an action, and enforced by execution or the same as in action. application of the property charged to the payment of the judgment may be compelled by attachment, if necessary. SEC. 398. The answer and reply shall be verified in the like cases and manner, and be subject to the same rules, as the answer and reply in an action. CHAPTER III. CONFESSION OF JUDGMENT WITHOUT ACTION. SEC. 399. Judgment may be confessed for debt due or for contingent liability. 400. Statement in writing, and form thereof. 401. Judgment and execution. by confession. SEC. 399. A judgment by confession may be entered, without of judgment action, either for money due, or to become due, or to secure any person against contingent liability on behalf of the defendant, or both, in the manner prescribed by this chapter SEC. 400. A statement in writing must be made, signed by the defendant, and verified by his oath, to the following effect: 1. It must state the amount for which judgment may be entered, and authorize the entry of judgment therefor. 2. If it be for money due, or to become due, it must state concisely the facts out of which it arose, and must show that the sum confessed therefor is justly due, or to become due. 3. If it be for the purpose of securing the plaintiff against a contingent liability, it must state concisely the facts constituting the liability, and must show that the sum confessed therefor does not exceed the same. Statement in writing and form thereof. Execution. SEC. 401. The statement may be filed with a County Clerk, who _Judgment and shall endorse upon it, and enter in the judgment-book a judgment for the amount confessed, with five dollars costs, together with disbursements. The statement and affidavit, with the judgment endorsed, shall thereupon become the judgment-roll. Executions may be issued and enforced thereon, in the same manner as upon judgments in other cases in such Courts. When the debt for which the judgment is recovered is not all due, or is payable in installments, and the installments are not all due, the execution |