Page:United States Statutes at Large Volume 18 Part 2a.djvu/98

JUDICIARY. 93 the court shall be satisfied that the defendant had notice of such j udg- 1 Mmh. 1823, ¤· llléllli at l€&Sl3 CGD days before the sitting of court, 24»°· 7· V- 3»P·7“· Sec. 780. The supreme court, sitting in banc, shall have jurisdiction Appeals frcm of and shall hear and determine all appeals from the decisions of the ,€f"“'"l”"l°”°’ ° f Commissioner of Patents, in accordance with the provisions of sections .%°°°‘ _ - forty-nine hundred and eleven to section forty-nine hundred and fifteen, 8 J¤lY» l*¤’0» <=· inclusive, of chapter one, Title LX, of the Revised Statutes, “PATENTS, ?‘?°· *2 $9- °°· TRADE-MARKS, AND COPYRIGHTS? [ses n. s. 11. s.,;. ass. see n. s. u. s.,;m.1 ° ’v' I "p"0°° PROCESS·—MLESNE. Sec. 781. Write and process issued out of the supreme court may be Tsm of WNW- tested in the name of any justice of the court. P" _ 3 Mar., 1863, c. 91, s. 10, v. 12, p. 764. Ex parte Watkins, 7 Peters, 568. Sec. 782. Writs of attachment and garnishment shall be issued b the i ,, _ clerk without any authority or warrant from any judge or justice, vglien- mg; 3,,;);,.;:;}:- ever the plaintiff, his agent or attorney, shall tile in the clerk’s office, ¤¤¤¤t~ whether at the commencement or during the pendency of the suit, an 1 June, 1866, c. affidavit, supported by the testimony of one or more witnesses, showing 103,¤- LV- 140-54- the grounds upon which he bases his athdavit, and also setting forth that the plaintif has a just right to recover against the defendant what he claims in the declaration, and also stating either, first, that the defendant is a non-resident of the District; or, second, that the defendant evades the service of ordinary process by concealing himself or by withdrawing from the District temporarily ; or, third, that he has removed or is about to remove some of his property from the District, o as to defeat just demands against him ; and shall also tile his (the plaintiffs) undertaking, with sntlicient surety, to be approved by the clerk, to make good all costs and damages which the defendant may sustain by reason of the wrongful suing out of the attachment. Sec. 783. If the defendant, his agent or attorney, shall file an allida- He w may be vit traversing the plainfift"s allidavit, the court shall determine whether *1¤¤¤h°d· the facts set forth in the plaintifs allidavit are true, and whether there Ibm_ was just ground for issuing the writ of attachment; and if the facts do not sustain the affidavit, the court shall quash the writ of attachment or garnishment; and this issue may be tried by a judge at chambers on three days’ notice. Sec. 784. The thing attached shall not be discharged from the cus- D,,,;,,,,,,, of M, tody of the officer seizing it until the defendant shall deliver, either to mhed property. the officer or to the clerk, to be filed in the cause, his undertaking, with "i‘,](]‘t"‘*· sufficient sure! y, to satisfy and pay the final judgment of the court against ' him. Sec. 785. If the defendant fail to execute such undertaking, the court Sale of attached may sell the thing attached whenever it is satisfied that it is in the in- 1>¤>P¤¤‘¤y· terest of the parties it should be sold before final judgment. Ibid__P_ 5g_ Sec. 786. In case the defendant be found liable to the plaintiffs claim, p,,,,; j,,dgm,,,,,_ in whole or in part, the final judgment shall be that the plaintiff recover RTT-; against the defendant and his sureties. ' Sec. 787. Publication may be substituted for personal service of Noam, by publ,- process upon any defendant who cannot be found, in suits for partition, cation. divorce, by attachment, for the foreclosure of mortgages and deeds of """‘_"‘22 Fm, 186,, ,,_ trust, and for the enforcement of mechanics’ liens and all other liens 64, ¤_ 1, v_ 14,1,, 4e;;, against real or personal property, and iu_ all actions at law or in equity which have for their immediate object the enforcement or establishment of any lawful right, claim, or demand to or against any real or personal property within the jurisdiction of the court. _ Sec. 788. No order for the substitution of publication for personal 0,,;,,0g,,.,;,n.,,,. service shall be made till a summons for the defendant shall have been tion. issued and returned “ not to be found." . ""‘Ib,d__,,8_,,"_4‘0’[,f Sec. 780. The order for publication shall bein the following or equiva- pam., lent form :_ md,