Page:United States Statutes at Large Volume 31.djvu/399

FIFTY-SIXTH ooneanss. sms. 1. cn. 786. 1900. 347 by any name; and when his true name shall be discovered, the pleading or proceediplg may be amended accordingly. Sec. 95. hen any pleading or proceeding is amended before trial, beggggggggtrgigdggw mere clerical errors excepted, it shall be done by filing a new pleading, pieaamgs. W to be called the amended complaint, or otherwise, as the case may be. Such amended pleading shall be complete in itself without reference to the original or any preceding amended one. _ Sec. 96. Any pleading not duly verified and subscribed may, on rieemng not venmotion of the adverse party, be stricken out of the case. When any §§$.;m{’Z&§§’&'§°‘2§'1§'§ pleading contains more than one cause of action or defense, if the same ;;‘;,';¤Q§,,>9§f§{*€$;’ nfs; be not p eaded separately, such pleadigg may, on motion of the adverse be stricken One. ’ party, be stricken out of the case. hen a motion to strike out is allowed, the court may, upon such terms as may be proper, allow the party to ile an amended p eading, or if the motion be disallowed, and it appear to have been made in good faith, the court may, upon like terms, allow the party to lead over. Sec. 97. The court shall; in every stage of an action, disregard any N0 ****0* *°.b*> Ye . . . . . garded unless it affect error or defect in the pleadings or proceedings which shall not aifect snismmi rights. the substantial rights of the adverse party. _ Sec. 98. The Eaintiif and defendant, respectively, may be allowed p,§&*:,Fugs1°mF¤*¤l on motion to ma e a supplemental complaint, answer, or reply, alleg- ` ing facts material to the case occurring after the former complaint, answer, or reply. Coplies of all pleadings subsequent to the complaint must be served upon the adverse party or his attorney. CHAPTER Twrmvm. or ARREST AND BAIL. Sec. Sec. 99. When defendantmay be arrested. 114. Bail mg be given and deposit re- 100. Proceeding to obtain an arrest. fund . 101. Defendant may be discharged on 115. Delposit, how applied or flispgsed of. bail or deposit. ‘ 116. W en marsha liable as _ 1l_and 102. Ba1l, how given. howdischarged from suchl1ab1lity. 103. Surrender of defendant. 117. Judgment against marshal as bail. 104. Same subject. 118. When bail liable to marshal. 105.9 Bail, how proceeded against. 119. Plaintiff liable in the first instance 106. How exonerated. for the maintenance of defendant. 107. Delivery of’copy of undertaking. 120. When marshal may discharge de- 108. Notice of justification of bail. fendant for nonpayment of main- 109. Qualiiication of bail. tenance. 110. J ustiiication of bail. 121. Motion to vacate writ of arrest. 111. Allowance of bail. - 122. Proceedings thereon. 112. Deposit of money in lieu of bail. 113. Payment by marshal of deposit to · clerk. Sec. 99. No person shall be arrested in any civil action at law except when defendant as provided in this section. The defendant may be arrested in the may b° °"°"€d‘ following cases: First. In an action for the recovery of money or damages, when the defendant is about to remove from the district with intent to defraud his creditors, or when the action is for an injury to person, or for wilfully injuring or wrongfully taking, detaimng, or converting property. · · Second. In an action for a fine or penalty, or for money, or property embezzled or fraudulently misapplied or converted to his own use by a public officer, or by an attorney, or by an officer or agent of a corporation in the course of his employment as such, or by any factor, agent, broker, or other person in a fiduciary capacity, or for any misconduct or neglect in office or in a professional employment. Third. In an action to recover the possession of personal property