Evening star. [volume] (Washington, D.C.) 1854-1972, 1857-04-13
WASHINGTON NEWS AND GOSSIP

care indeed and, 30 far as published, reflects
undeniable credit on the gentlemen entrusted
by the late Executive with the duty of its prep
aration 1t is the result of intense labor and
thorough knowledge Of law and of the require
ments in the matter Of the law of this commu-
nifty
II appears, from a note Of Messrs. 0uld and
Cross appended to Part Ill, that the entire
Code has been divided into four parts to wit
Part 1. Of the internal administration Of the
Government, being the miscellaneous part, and
embracing all subjects not appropriately falling
under either Of the other parts. This part, pre-
pared by Mr.. Guild, has already been submitted,
and acted upon by the Revisors.
Part H., prepared by Mr.. Cross, treat. of the
acquisition, the enjoyment, and the transmits
sion OF property, real and personal, the domes-
tic relations, and other matters connected with
private rights. This part has already been sub
mitted and acted on by the Board of Revisors.
Of Parts i and H. we have had something to
say heretofore
Part III, prepared by Mr.. Ould, with the
exception of the chapter on Evidence is now
submitted by the codifers
Part ~, which is now being prepared by
Mr.. Cross, is promised soon
We resume, from our last, the consideration
of Part III:
The distinction between law and equity
pleadings being abolished, the following pro-
vision has been adopted with reference to the
manner in which issues shall be tried, to wit:
An issue Of law shall be tried by the court,
unless IL De referred by consent An issue Of fact
In any action for the recovery Of money or of spe
clnc personal property shall be tried by jury,
un,ess jury trial be waived, or reference be
ordered All other issues Of fact shall be tried by
The court subject to its power to order any issue
or issues TO be tried by a jury, or referred =
Under this provision, parties may claim the
benefit of trial by jury, in all cases where by
existing law they are entitled to it. The Jury
Is to consist of twelve persons. unless the par.
ties consent to less number; and the parties
may consent to number not less than three.
Inc following provisions are found in the
chapter under the head " Of proceedings sup
Elementary to execution" While taken in
connection with the exemption law homestead
and other they do not operate hnrshly on the
debtor, they will serve to render certain the
collection OF many debts which under existing
laws are seldom paid
Sec. l. When an execution against the oron
erty OF the Judgment debtor or any one of several
debtors IN the same Judgment, Is returned nm
satsnsd, In whole or in part. the judgment cred
ol dIter such return is made, shall be entitled TO
an order, to be issued by the court or any iudge
thereof, requiring such debtor to appear and an
swer concerning his property before the court, or
any Judge thereof. al time and place specified
in such order.
Sec 2. After the issuing of an execution against
Judgment creditor or Otherwise 70 the ..,;.t se
tlon OF the court, or any Judge thereof that the
Judgment debtor has property which he unjustly
refuses TO apply to the satisfaction of the iudG
htvn rAa
the Judgment debtor to appear before the court
or any Judge thereof, to answer concerning the
same and such proceedings NAV thereupon be
had for the application of the propertv of the
Judgment debtor towards the satisfaction Of the
judgment as are prescribed by law
Sec. 3. Instead of the order reouirino the at
tendance OF the Judgment debtor, as provided in
the two preceding sections the court or iudoe
NAV, upon satisfactory proof, by afidavit of the
party or otherwise, that there is danger of the
DEBTOR leaving this District or concealina himself
10 avoid said examination, issue a warrant re
curing the marshal to arrest such debtor and
Srlng nim before the court or Judge Upon being
brought before the court or Judge he shall he eT
amlned on oath, and other witnesses may no CIV
aulnea on either side, and if on such examination
~ appears tnat there Is danger OF the debtor leay
ing THIS District, and that he has property which
ne unJustly refuses to apply to such judgment. he
may De Orde'ed 70 enter into an undertaking in
sucn sum as the court or judge NAV prescribe
win one or more sureties, that he will rom time
70 tlme attend for examination before the court or
as may oe directed In default of entering
Jail. I' NC eohiihi'ted 10
sec. = No person shall, on examination DUR.
go ~ .nIs chaPter, be excused from answering
ahS question on the ground that his examinstjo5
VII tenu 70 convict him Of fraud but his an
swers shall not be used evidence aoainst h;n,
in any prosecution for such fraud 'N -'ii'
" sec 5. After the issuing OF execution ,,r,;..
properly, any person indebted to the iud9men,
oeotor may pay TO the marshal the smoSnt ~
ms oen,, or SO much thereof NAV be necesSarv
70 satisfy the execution and the m.1xb liz ay
shall be sufficient discharge for the amonn, %
Paio or directed to be credited by the Judgment
creator on the execution.
d" Sec. 8. Amer the issuing or return NJ an NV.
eotion against property Of the judgment debtor
OF OF any one Of several debtors in the same judg
M NJ ana Upon PROOF by AFFIDAVIT or ortherwise
70 the satisfaction OF the court or any iudge
thereof, that any person or corporation Ia. me-
cry OF such Judgment debtor, or is indebted 10
LII .ne court OF Judge may by an order, require
sucn person or corporation, or any officer or mem
tnefeoi, 10 appear at a specified time and
Poe' anu answer concerning the same The
60, VI !udge may also, in their discretion. re-
4uIIe notlee OF such proceeding 10 be given 10
any party in the action I'm sucb manners. 80. "
seem 70 him proper. ~ may
o,dsT 6, :, ~ witnesses may be required upon the
JUL OF the Judge, or by a subpsrn, isxned a..
,ne eierk 10 appear and testify upon snv nroceaT
ilss uhdef This chapter, in the same yynrnnsr. a.
upon the trial Of an issue ''e manner as
Sec 3 The party or witness
10 attend before the court or any ind', .iulIea
OF before a referee appointed Nv tbs Cur,
ssbsf hs -. All examinations and ANSWERS
answers the answers IL. iiiI' when corporation |
odicer thereof NC oh the oath OF an |
er,v ., 81 ne court or judge may order any proo-
10y "a tne Judgment debtor not exemnt c5yorP ~
ee,SSsion, In the hands either Of himself or snv
the iudgmen, L corporation, or any debt due to |
faction 81 I'M Ge5tor TO he applied to the salts
dsI,o, ~, me Judgment; but the earnings OF the
in tbrss MS PERSONAL services, any time with
orde, Iii months next preceding the time Of the
appear br ,he oe SO applied when IL is made to
Ibsr, py the debtors affidavit, OF Otherwise,
sl,n, such earnings are necessary for the nse Of
- supported wholly or partly by his labor
.n,Ss 10 The court or judge may also. bv orde,
receive Of TN Tsn1 or other suitable person
anu may forbid transfer other disnositinn u;
IN property OF the Judgment debtor moi exe,nn,
'c r execution, and any interference therewitb r;
ne third title relates to actions ,n pay,tcu.
lar cases. The subjects treated of in il are the
Oh mortgages, actions for nuisance
Acuon' :" recover possession Of real property.
Claims Tor improvements, partition of real prop.
he f'~P |