Page:United States Statutes at Large Volume 31.djvu/1282

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1230 FIFTY-SIXTH CONGRESS. Sess. II. Ch. 854. 1901. facias to be issued, or a bill of revivor to be filed a ainst the proper representatives of such deceased party, or ass sucE other order or direct such other proceedings as ma seem best calculated to advance Fwaa. the purposes of justice: Provided, That the heir or other pro er repppearance before . . . . . exeeunpu. resentative may appear at any .t1me before execution of said decree and be admitted as a party to the suit, on such terms as the court may _ prescribe, and such further proceeding may be had as may be appropriate to the merits of the cause. F¤¤¤¤€ *0 ¤·Pv*>¤*- Sec. 249. FAILURE TO APPEAR.--1f any representative of a deceased party shall fail to ap ear, after being summoned, within the time therein limited, or shall fail) to appear after notice by publication, the court may order the appearance of such representative to be entered, to have the same effect as if such representative had appeared in person and been made a arty. ‘ - ~ 0§{,§gg;‘;} °‘ “°“’*°" Sec. 250. Evasroiw or sERv1cE or 1·-RocEss.—-In all cases where any representative of a deceased part to a suit shall evade an process issued against him, or shall leave the District before any such process can be served on him, he may be proceeded against asa nonresident defendant. Bm of ¤‘=ViV°*· SEO. 251.2 BILL or REVIVOR.-—A bill of revivor or supplemental bill in the nature of a bill of revivor may be filed, instead of a suggestion of the death of a party, and notice thereof shall be given to the defendant by sub cena or the service of a copy of such bill, if he be found within the Bistrict, as the court may direct; or, if the party be a nonresident or secrete himself or evade the service of the summons, or if his residence be unknown, then notice by publication may be given as against nonresident defendants. CHAPTER THREE. ,.,.,‘§°§°“°° f°' sewn ABSENCE FOR SEVEN YEARS. d§;{1§S“”‘*’“°“ °f Sec. 252. PRESUMPTION or 1>EAT1—L--1f any person shall leave his domicile without any known intention of changing the same, and shall not return or be heard from for seven years from the time of his so leaving, he shall be presumed to be dead, in any case wherein his death shall come in question, unless proof be made that he was alive within _ _ that time. . P°”°“f°““°1""“g‘ SEO. 253. i PERSON FOUND LIVING.-——If the person so Hresumed to be dead be found to have been living, any person injure by such presumption shall be restored to the rights of which he shall have been deprived by reason of such presumption. CHAPTER Form.

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A“‘“°°""°P°"· Sec. 254. Am51ToR’s REPORT AND ExcErT1oNs.-—In actions at common law grounded upon an account, or in which it may be necessary to examine and determine upon accounts between the parties, the court, i.n its discretion, at any stage of the cause, mag order the accounts and dealings between the parties to be audited an stated by the auditor of the court or by a special auditor to be appointed by the court for the purpose; in which case, if a jury shallvhave been sworn, they shall be discharged. The course of proceedings before the auditor shall be the same as in cases in equity referred to him. When his audit is completed the auditor shalliile his report and account in the clerk’s office and give notice thereof to the parties or their attorneys, and at the extpiration of thirty days after said notice judgment may be entere , on