Page:United States Statutes at Large Volume 76A.djvu/432

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–336–

-336§ 779. Amendment of pleadings (a) At any time before the conclusion of the trial, either party may amend any pleading. If the amendment is made after the issue, and it appears to the satisfaction of the court, by oath, that an adjournment is necessary to the adverse party in consequence of the amendment, the adjournment shall be granted. When an adjournment is granted, the court may also require the payment of costs to the adverse partj;^ as a condition to the allowance of the amendment made after issue is joined. (b) When a pleading is amended, the adverse party may answer or make a motion with respect to it within such time as the court allows, not exceeding five days after notice of the amendment. § 780. Admission of genuineness of documents contained in pleadings If the complaint or answer contains a copy or consists of the original of the written obligation upon which the action is brouglit or the defense founded, the genuineness and due execution of the instrument are deemed admitted, unless the answer denying the same is verified, or unless the plaintiff, within two days after the service on him of the answer, files with the magistrate an affidavit denying the same, and serves a copy thereof on the defendant. § 781. Order for inspection of account or document When the cause of action or counterclaim arises upon an account or instrument for the payment of money only, the court, at any time before the trial, may order the original to be exhibited to the inspection of, and a copy to be furnished to, the adverse party, at such time as may be fixed in the order. If the order is not obeyed, the account or instrument may not be given in evidence. § 782. Signing and verification of pleadings Rule 11 of the Federal Rules of Civil Procedure applies to the signing and verification of written pleadings in the magistrates' courts. Subchapter IV—Provisional Remedies Article A—Civil Arrest and Bail § 801. Order of a r r e s t; grounds for a r r e s t (a) A person may not be arrested in a civil action in a magistrate's court, except as prescribed in this Code. (b) An order to arrest the defendant may be indorsed by the magistrate on a summons and the defendant may be arrested thereon by the constable at the time of serving the summons, and brought before the magistrate, and there detained until duly discharged: (1) in an action for the recovery of money or damages on a cause of action arising upon contract, express or implied, when the defendant is about to depart from the Canal Zone with intent to defraud his creditors; (2) in an action for a fine or penalty, or for money or property embezzled, or fraudulently misapplied, or converted to his own use, by one who received it in a fiduciary capacity; (3) when the defendant has been guilty of a fraud in contracting the debt or incurring the obligation for which the action is brought; or (4) when the defendant has removed, concealed, or disposed of his property, or is about to do so, with intent to defraud his creditors.