Page:United States Statutes at Large Volume 18 Part 1.djvu/253

 'l`rrx.E x111.——TI·lE JUDICIARY.—Ch. 18. 181 any defect in the process or leadings, upon such conditions as it shall, 10 P¤t-·480$W<>0d- in its discretion and by its ruies. prescribe. ;,':;d1'f-g;?};';;: v. Schooner North Carolina, 15 Pet., 40; Matheson’s Administrator v. Grant’s Administrator, 2 How., 263; Garland r. Davis, 4 How., 131; Stockton v. Bishop, 4 How., 155; Kennedy r. Georgia Bank, 8 How., 586; Conrad v. Griffey, 11 How., 480; Parks v. Turner, 12 How., 39;1iudgins1·. Kemp, 18 How., 530; Insurance Com any v. Mordecai, 21 How., 195; Porter r. Foley, 21 How., 393; Railroad Company v. Lindpsay, 4 Wall., 650; McVeigh rr. U. S., 8 Wall., 640. Sec. 955. When either of the parties, whether plaintiff, or titioner, Death <>fp¤¤‘ti¤¤· or defendant, in any suit in any court of the United States, dhas before 24S8pt_ 1;-89 (L final judgment, the executor or administrator of such deceased party 20, s. 31,v.,1, p. 90. may, in case the muse of action survives by law, rosecute or defend Wilson v. Codany such suit to final judgment. The defendant shall answer accord- m¤n’¤ Executcr. 3 ingly; and the court shall hear and determine the cause and render €u“i;93iPI1%°“l"· ju gment for or against the executor or administrator, as the case may im£;.p2%h require. And if such executor or administrator, having been duly served Greenviwatlrinse with a scire facias from the office of the clerk of the court where the Wl}-.260;M¤wkcr’s suit is depending, twenty days beforehand, neglects or refuses to become {"l,';;" "· Tl‘°m“S· 7 party to the suit, the court may render judgment against the estate of Sm;,},5g0p£la{l{l the deceased party, in the same manner as if the executor or adminis- McNutt1·. B1end,é trator had voluntarily made himself a partv. The executor or admin- Hows 28; Barriistrator who becomes a party as aforesaid, shall, upon motion to the Ilffau "· p“%“*» 17 court, be entitled to a continuance of the suit until the next term of said ,,_£mI’§3p(§,:;“Q°g§l 00\1l‘t. Hatcli v. Eustace,1 Gallia., 160; The James A. Wright, 10 Blatch., 160_ Sec. 956. If there are two or more plaintiiis or defendants, in a suit Whenoneoisew where the cause of action survives to the surviving plaintiff or against E"? §l°‘”m`i¤ °’ the surviving defendant, and one or more of them dies, the writ or action shall not be thereby abated; but, such death being suggested upon the 24S<>pt-,1789,c- record, the action shall proceed at the suit of the surviving plaintif 2°·“·31»"·l»P· 90- against the surviving defendant. Sec. 957. When suit is brought by the United States against any Dcljnqucnts for revenue officer or other person accountable for public money, who neg- Pulébhc t";°"t°Y? lects or refuses to pay into the Treasury the sum or balance reported to i,m€m§;];sr°&1ln be due to the United States, upon the adjustment of his account it shall —¥-4—- be the duty of the court to grant judgment at the return term, upon 203slg“;··1179Q,g· motion, unless the defendant, in open court, (the United States attorney ’'’P' ' being present,) makes and subscribes an oath that he is equitably entitled to credits which had been, previous to the commencement of the suit, submitted to the accounting officers of the Treasury, and rejected; specifying in the affidavit each particular claim so rejected, and that he cannot then safely come to trial. If the court, when such oath is made, subscribed, and hled, is thereupon satisfied, a continuance until the next succeeding term may be grante. Such continuance may also be granted when the suit is brought upon a bond or other sealed instrument, and the defendant pleads non est factum, or makes a motion to the court, verifying such lea or motion by his oath, and the court thereupon requires the production of the original bond, contract, or other paper certified in the atlidavit. And no continuance shall be granted except as herein provided. _ Sm. 958. In suits arisin under the postal laws the court shall pro- Suntsunderpostceed to trial, and render 'uggment at the return term; but whenever serv-  llgtzfjlltgglmggf ice of process is not made at least twenty days before the return day of lm, M, ' such term, the defendant is entitled to one continuance, if, on his state- —-iIi——————; ment, the court deems it expedient; and if he makes aiiidavit that he 643s S8"; :22%,;- has a claim against the Post—Office Department, which has been sub- gjuf "1g3Q,_ cj mitted to and disallowed by the Sixth Auditor, specifying such claim in 270, s. 1g2v. 5,p.82. his atlidavit and that he could not be prepared for trial at such term for want of evidence, the court, if satisiied thereof, may grant a continuance until the next term. _ _ Sec. 959. In all suits for the recovery of money upon debentures issued mE;{¤!*;3¤ by the collectors of customs, under any act for the collection of duties, it ,€w;,,{m,§nun|°€ : shall be the duty of the court to grant judgment at the return term, gg__________