Unless, upon set-off pleaded, a balance is found due the defendant, and then the verdict shall proceed—

And that the money payable to him by the plaintiff, by reason of the premises, is the sum of $, with interest from the day of, 18-, besides costs.

In replevin, if the jury find for the defendant, the verdict shall say: And assess his damages, by reason of the premises, at $, besides costs.

If there be several counts in the declaration, and the jury find for the plaintiff on some and for the defendant on the rest, the verdict shall be entered thus:

On their oath say they find for the plaintiff on the first, second, and fourth issues, and that the money payable to him by the defendant, by reason thereof, is the sum of $, (with interest from the - day of 18-,) besides costs; and for the defendant on the third, fifth, and sixth issues.

2. In every action, the parties may elect, or the court may direct, the jury to find a special verdict, in writing, upon all or any of the issues: in which case the jury shall state all the facts, as they find them proved with certainty and precision, and then add:

But they are ignorant, in point of law, on which side they ought, upon these facts, to find the issue; and if, upon the whole matter, the court shall be of opinion that the issue is proved for the plaintiff, they find for the plaintiff accordingly; and that the money payable to him by the defendant is the sum of $, (with interest from the day of 18-,) besides costs; but if the court be of an opposite opinion, then they find for the defendant.

All which shall be entered upon the minutes of the court, and constitute part of the record of the cause.

3. When a verdict is taken, subject to the opinion of the court, it shall be entered as follows:

Upon their oath say, they find in favor of the plaintiff, and that the money payable to him by the defendant is the sum of $, (with interest from the - day of 18-,) besides costs. If the court be of the opinion that he ought to recover against the defendant, upon the facts submitted to us upon the trial, which facts are as follows: (State the facts found by the jury.) But upon these facts, if it be the opinion of the court that the plaintiff ought not to recover against the defendant, then we find in favor of the defendant.

4. Upon receiving a verdict, the clerk shall make an entry in his minutes, specifying the time of the trial, the names of the jurors, the verdict, and either the judgment rendered thereon, or an order that the cause be reserved for argument or further consideration. If a different direction be not given by the court, the clerk shall enter judgment in conformity with the verdict.

1. A verdict may be set aside and a new trial granted

(1.) For errors of law by the justice presiding, in his rulings during

the trial, or in his instructions to the jury.

(2.) Because the evidence is insufficient to support the verdict.

(3.) Because the damages assessed by the jury are excessive. (4.) Because the party moving for the new trial had no notice, and did not appear at the trial.

(5.) For misbehavior of the successful party.

(6.) For misbehavior of the jury.

(7.) Because the verdict is unreasonable or uncertain.

(8.) Because the verdict was obtained by surprise.

(9.) Because a new and material fact, unknown at the time of the trial, and not ascertainable by reasonable diligence by the party moving, has come to light since the trial, and the like.

2. Every motion for a new trial shall be in writing, and shall state in separate paragraphs, successively numbered, the grounds upon which it is based; and it shall be entered upon the minutes of the court on the day it is presented to the court.

3. All motions for new trial shall be made within four days after verdict.

4. Motions for new trials on bills of exception shall not suspend the entering of judgment, or the issuing and levy of execution; but a stay of execution shall be entered, if the party making the motion shall, within twenty days after judgment, execute and file in the cause an undertaking, with one or more sureties, to be approved by the court or a justice, in the form provided for in cases of appeals.

No motion for new trial for any other cause shall suspend the enter ing of judgment or issuing execution, but execution shall not be levied until the determination of the same.

5. The justice who tries the cause may, in his discretion, entertain a motion, to be made on his minutes, to set aside a verdict and grant a new trial upon exceptions, or for insufficient evidence, or for excessive damages: Provided, That such motion be made at the same term or circuit at which the trial was had. When such motion is made and heard upon the minutes, an appeal to the general term may be taken from the decision; in which case, a bill of exceptions, or case, shall be settled in the usual manner.

6. A motion for a new trial on a case, or bill of exceptions, and an application for judgment on a special verdict, or a verdict taken subject to the opinion of the court, shall be heard in the first instance at a general term.

7. No appeal to the general term shall be allowed on any motion for new trial, except the same be upon exceptions entered on the minutes of the justice, or for insufficient evidence, or for excessive damages.

8. All motions for new trials, not heard and decided at the term at which the same shall have been made, shall be deemed to have been overruled, and shall be so entered on the proceedings of the last day of the term, unless the motion, by special order of the court, has been continued to the succeeding term.

CHAPTER XXXII.-ARREST OF JUDGMENT.

1. When to move in arrest.

2. When judgment shall not be arrested.

1. If, notwithstanding the reasons shown for suspending the judg ment by granting a new trial, the court decide that the verdict shall stand, then the party may move in arrest of judgment.

2. A judgment shall not be arrested for any cause existing before ver

dict, unless the same affects the jurisdiction of the court. And when the defendant has appeared and answered to the merits of the action, no defect in the writ or other process, by which he has been brought before the court, or in the service thereof, shall be deemed to affect the jurisdiction of the court.

1. Judgments may be given for or against one or more of several plaintiffs, or for or against one or more several defendants. They may, in appropriate cases, be given against one or more of several plaintiffs or defendants, leaving the action to proceed against the others.

2. Judgments shall not be entered for the damages claimed in the declaration, but for the amount only which each party shall be adjudged to pay.

3. Upon trial of issues of law or fact by the court or referee, judgment shall be entered, upon the direction of the court, or report of referees, subject to review at the general term, as hereinbefore provided.

4. If there are more defendants than one, and any of them die after judgment, leaving a co-defendant or co-defendants surviving, the plaintiff may proceed by execution against the survivor, or revive by scire facias. or by motion to the court, with personal notice against any portion or all of the personal representatives of the deceased, or heirs, or terre tenants, unless he or they may be absent, or non-resident, or cannot be found to make such service; in which case such service may be made by publication, or in such other manner as the court shall direct.

5. It shall not be necessary to issue scire facias to revive judgments or decrees, on which execution has not issued within a year and a day from their date, but execution may be sued out at any time while the judgment or decrée is in force.

6. All judgments and decrees heretofore or hereafter rendered by the supreme court of this District shall, from the time the same were rendered, be a lien on the legal and equitable interests of the debtor in and to any real estate within this District.

7. A judgment given, where the amount is to be ascertained, shall bind from the time of its entry, if the amount be ascertained before the end of the term at which the judgment is given; but, otherwise, only from the time of ascertaining the amount.

8. If several judgments be entered against the same person on the same day, they shall stand equal as to priority. If, where there are several judgments against the same person, it does not appear by the entries which was first entered, they shall have priority according to the pri ority of the dates of the suits in which they are respectively given.

9. All judgments, unless a different time shall be named therein, shall be so entered as to carry interest from the time they were rendered. 10. Where a party to a cause requires it in writing, the clerk shall enter, into a well-bound book provided for that purpose, a complete copy of the record in such cause at the cost of the party so requiring it. If neither party require it no such copy shall be made.

1. When issuable.

2. When returnable.

CHAPTER XXXIV.-EXECUTIONS.

3. Writs of fieri facias and attachment

one writ.

4. Forms of.

5. Against the body.

6. Execution in cases other than for payment of money.

7. To sell legal and equitable interest.

8. Purchaser.

9. Coin and currency.

10. Negotiable securities.

11. Stocks.

12. Things in action.

13. Real estate.

14. Advertisement of real estate.

15. Advertisement of personal property. 16. Postponement of sale.

17. Omission of notice not to affect sale.

18. Personal property to be present when sold.

19. Defaulting purchasers.

20. Second levy.

21. Second execution.

22. Overplus to be paid debtor.

23. When publication is madt, proceeds of sale not to be paid over without security.

24. Death of debtor not to affect execution. 25. No supersedeas.

1. Execution may be issued immediately upon the rendition of judg

ment.

2. All executions shall be made returnable on or before the first special term of the court occurring sixty days from their date.

3. Writs of fieri facias, and writs of attachment on judgment, are hereby consolidated, and may be enforced concurrently by one writ; but there shall be only one satisfaction. And the same proceedings against garnishees in attachment on judgment shall be had as are provided for against garnishees in the chapter on attachments.

4. The forms of executions shall be the same as heretofore established by law and the usage and practice of the courts, except so far as is herein otherwise provided. Alterations in the forms may, from time to time, be made or allowed by the courts, when necessary to adapt them to changes in the law, or for other sufficient reasons.

5. No execution against the body shall be issued while an execution against the property remains unreturned, nor shall an execution against the property be issued while there is an execution against the body unreturned. But no execution shall be issued upon any judgment against the body of a judgment debtor, except where it is so expressly provided by law.

6. When a judgment requires the performance of any act other than the payment of money, or delivery of real or personal property, a certified copy of the judgment may be served on the party against whom it is given, or upon the person or officer who is required thereby, or by law, to obey the same, and his obedience thereto enforced; if he refuse, he may be punished by the court, as for contempt.

7. The marshal, or other officer to whom any execution may be directed, may seize and expose to sale any legal or equitable estate or interest which the debtor named in such writ may have or hold in any lands, tenements, or hereditaments.

8. Any person who shall purchase any equitable estate or interest in any lands, tenements, or hereditaments, which may be sold under the preceding section, shall be entitled, upon payment of the purchasemoney, to any assignment or conveyance of such legal or equitable interest, to be made by the marshal or other officer making such sale: Provided, That nothing herein shall be construed to prevent a creditor from also filing his bill in equity, to ascertain and sell said equitable interest.

9. Current coin, and all such currency that the laws of the United States declare, shall be received in payment of debts, may be levied upon and retained on execution, without sale, as so much money collected.

10. Foreign coin and bills, notes, drafts, checks, and bonds, or other evidences of debt, issued by any corporation, company, individual, or bank, or by any State or Territory, or by the United States, and capable of transfer by delivery, may be levied upon as personal property, and sold on execution.

11. Shares of stock in any corporation or company may be levied upon and sold, when the office and books, showing the shares of stock and stockholders of the corporation or company, are kept in this District; and the marshal shall transfer the stock, subject to the rights of the corporation or company. The marshal shall have access to the books of any such corporation or company for the purpose of making the levy, and if refused access, the court in term, or any justice thereof in vaca tion, shall enforce the right, and may proceed against any person so refusing as for contempt. The shares of stock, subject to be levied upon, shall be bound by the execution from the time of the levy; and when such levy is made, the marshal shall leave the notice with the officers of the corporation or company, and such levy shall constitute a lien upon such stock from the time of such levy,

12. Any debt or thing in action, legally or equitably assignable, may be levied on, when given up by the defendant, and sold on execution in the same manner as other personal property. The marshal making the sale of any such debt, or thing in action, shall assign and deliver the same to the purchaser, and the assignment shall have the same effect as if made by the execution defendant at the time of making the levy thereon, and shall be treated as so made.

13. Real estate taken by virtue of any execution shall be sold at public auction at the door of the court-house; and if the estate shall consist of several lots, tracts, and parcels, each shall be offered separately; and no more of any real estate shall be offered for sale than shall be necessary to satisfy the execution, unless the same is not susceptible of division..

14. The time and place of making sale of real estate on execution shall be publicly advertised by the marshal, for at least twenty days succes sively next before the day of sale, by posting up written or printed notice thereof at the door of the court-house, and also by advertising the same at least once a week, for three weeks successively, in one or more news papers published in this District.

15. Previous notice of the time and place of the sale of any personal property on execution shall be given, for ten days successively, by posting up a written or printed notice thereof at the place where the sale is to be made, and also by advertising the same in some newspaper pub lished in this District, said advertisement to be inserted at least three times, and the first insertion to be at least ten days before the day of sale: Provided, however, If the property be perishable, only such notice of the time and place of sale shall be given as may be reasonable. considering the character and condition of the property.

16. If, at the time appointed for the sale, the marshal or other officer shall deem it expedient, and for the interest of all parties concerned, to postpone a sale for want of purchasers, he may postpone it for any time not exceeding ten days, and so from time to time, for such cause, until the sale shall be completed, giving notice of every such adjournment, by a public declaration thereof, at the time and place previously ap pointed for a sale, and also by an advertisement inserted in some news paper of this District, three days at least prior to such adjourned

sale.

17. An omission by the marshal to give the notice of sale required by