Evening star. [volume] (Washington, D.C.) 1854-1972, 1857-04-11
WASHINGTON NEWS AND GOSSIP.

ho'o ieCci'cU from Mr.. OulQ fart LII VI
New Code for the District of Columbia,
pamphlet of two hundred and twenty pages,
relating to courts and judicial officers, and pro-
ceedinl lin civil cases.
The first five chapters (of which he is under
stood to be the author for the most part-the
duties of the Commissioners having been divi-
ded between themselves, each taking third
part, bis comprising the first title, relate to the
organization, powers and jurisdiction of the
Circuit Orphans and District Courts, and to
the duties and liabilities of the Clerk Of the
Circuit Court and Register of Wills.
The second title, comprises twenty chapters,
and relates to the forms Of civil actions and of
the parties thereto, to the manner of commenc.
ing actions, to pleadings, to the claim and de-
livery OF personal property, to injunctions, to
attachments, to receivers and deposit in Court,
to issues, to trial by jury, by Court, or by re-
ferees, to exceptions, to new trials, to judg-
ments, to executions, to proceedings supplement
tary to execution, to commissioners, to the linn.
itation Of actions, to COSTS to proceedings to re-
view judgments, and to appeals. The distinction
between actions at law and suits in equity,
and the forms of such actions and suits hereto
fore existing are abolished, and one form Of ac-
ton to be entitled civil action, is given, the
course of procedure in which is set forth in de-
tail in the different chapters Of this title
The law as administered by courts of equity
and courts of law, is not changed or altered by
this provision. 1t only relates to the mode of
procedure, and refers to the manner in which
the court is to be pproached-whether equi-
table or legal relief is to be demanded. The
principles both of equity and law will be admin
istered as heretofore, except so far as the same
may be altered by those provisions of the Code
which relate to the law of right. The provis-
ions of this title are confined as much as posi-
bic to such matters of remedy and procedure as
relate to actions generally. An action is taken
up from the beginning and carried through its
various stages of progress. Who shall be par
ties to the action and how it shall be begun
what the summons shall contain and how it shall
be served-when publication may be had-what
pleadings are allowed, what they shall contain,
and how they shall be construed and amended
what causes of action may be united in the same
complaint - how personal property may be
claimed by and delivered over to a party-how
and in what cases an injunction may issue-how,
when, and what sort Of property may be at
tached, what shall be the proceedings thereon,
and how it may be dissolved-in what cases re-
eeivers may be appointed-how issues arise, how
and when and by whom they shall be tried
how trials by jury, by the court, or by referees
shall be conducted-when and how exceptions
may be taken-for what reasol& and in what
manner, new trials may be had-for and against
whom judgments may be given and how it shall
be entered-when execution may be issued, what
kinds may DO allowed, and when stayed-what
may be levied on and how sale shall be made
how and when disclosures of property may be
be compelled-what shall be the Limitation in
point of time upon the right of bringing actions
what shall be the rule of costs and how they
shall be taxed-how and when judgments NAV
be reviewed, and how and when appeals are
allOwed-are matters treated of in the order
herein stated the general rules relating to the
same, and the qualifications of and limitations
on such general rules being set forth in detail.
Under each one of these various heads there
is perhaps some material and important change
in the existing law. In many cases entirely
new remedies are given and an entirely new
procedure set out. Imprisonment on mesne
process in no case is allowed. In only one in
stance can the body be taken in execution, and
that is after judgment, when tho creditor makes
affidavit that the judgment debtor is fraudu-
lently concealing, removing, conveying or trans
ferring property subject to execution, with in
tent to defraud. Notice of the filing of such
affidavit is given to the debtor and he is required
to show cause against it. If the court or jury
find that he has fraudulently concealed, re-
moved, conveyed or transmitted specific prop.
erty Ito be designated in the finding of the
court or jury with intent to defraud and If
the Judgment Debtor rriH not surrender the
property SO found or poy its ratne, then exc
cution may be found against his body. Even
in such case, upon taking the proper oath and
complying with the acquisitions of the insovent
law a. prescribed by the code, no may be dis
charged.
While no arrest is allowed on mesne process.
very liberal and beneficial attachment law is
given. In any action for the recorery of money
the plaintiff at the time of issuing the summons,
or at any time afterwards, may have the prop
erty Of the defendant attached, as a security for
the satisfaction of such judgment as he may re-
cover The plaintiff, or some person in his be-
half, must make affidavit that cause Of action
exists against the defendant, specifying the
amount and nature thereof, and that the afiant
verify believes the defendant is either foreign
corporation, or that he is not resident of this
District, or has departed therefrom with intent
to defraud his creditors, or to avoid the service
Of a summons, or that he so conceaIs himself
that summons cannot be served on him, or
that he has assigned, secreted, removed, or dis
posed of, or is about to assign, secrete, remove.
or dispose of his property subject to execution.
or part thereof, with the intent to defraud his
creditors, or that the debt was fraudulently
contracted. Before the writ is issued bond is
required of the plaintiff with sureties, in a sum
not less than two hundred dollars and not ex.
ceeding the amount claimed by the plaintiff
when the same is more than two hundred dol.
lars, that if the defendant recover judgment
the plaintiff will pay all costs and damages.
The rights and shares which the defendant may
have in the stock Of any corporation or compa-
oil dahts dino such defap6apt owl oil