Page:United States Statutes at Large Volume 76A.djvu/387

–291– -291§ 203. Libel and slander; complaint I n an action for libel or slander it is not necessary to state in the complaint any extrinsic facts for the purpose of showing the application to the plaintiff of the defamatory matter out of which the cause of action arose; but it is sufficient to state, generally, that it was published or spoken concerning the plaintiff. If the allegation is controverted, the plaintiff must establish on the trial that it was so published or spoken. § 204. Same; answer I n the actions specified by section 203 of this title the defendant may, in his answer, allege both the truth of the matter charged as defamatory, and any mitigating circumstances to reduce the amount of damages; and whether he proves the justification or not, he may give in evidence the mitigating circumstances. CHAPTER 11—PROVISIONAL REMEDIES SUBOHAFTBB I—CIYIX. ABBE8T AND BAIL

Bee.

241. 242. 243. 244. 245. 246. 247. 248. 249. 250. 251. 252. 253. 254. 255. 256. 257. 258. 259. 260. 261. 262. 263. 264. 265.

Restriction on civii arrest. Grounds for arrest Affidavit to obtain order. Security by plaintiff. Time order made; form. Delivery of order and affidavit to marshal and defendant Arrest and custody of defendant Discharge on bail or deposit. Giving of bail. Surrender of defendant. Arrest by bail; exoneration and liability of bail. Enforcement of liability of bail. Exoneration of bail. Return of marshal; filing of undertaking; acceptance or rejection of bail. Notice of justification of bail; new undertaking. Qualifications of bail. Justification of bail. Allowance of bail; exoneration of marshal. Cash deposit in lieu of bail. Payment of deposit into court. Substitution of bail for deposit Disposition of deposit. Liability of marshal as bail. Proceedings on Judgment against marshal. Vacation of order of arrest; reduction of bail. StTBCHAPTEK II

291. 292. 293. 294. 295. 296. 297. 298. 299. 800. 301. 302. 303. S04.

CLAIM AND DELIVERY OF PERSONAL PROPERTY

Claim for delivery. Affidavit; contents. Requisition to marshal to take property. Undertaking by plaintiff; taking of property; service on defendant. Exception to plaintiff's sureties; Justification. Undertaking by defendant for return of property. Exception to defendant's sureties; justification. Qualifications of sureties. Property concealed in building or inclosure. Keeping and delivery of property; fees and expenses. Claims by third persons. Filing and return by marshal. Order protecting plaintiff in possession. Affidavit stating incorrect value; Judgment against officer or sureties. SUBCHAPTER

TO—IITJURCTIOITS

821. Injunction defined; grant and enforcement 322. Grounds for grant or denial of injunction.

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