§ 626. When a verdict is found for the plaintiff, in an action for the recovery of money, or for the defendant when a counter-claim for the recovery of money is established, exceeding the amount of the plaintiff's claim as established, the jury must also find the amount of the recovery. Amount of recovery-Watson v. Damon, March 5th, 1880, 5 Pac. C. L. J. 97. § 627. In an action for the recovery of specific personal property, if the property has not been delivered to the plaintiff, or the defendant, by his answer, claim a return thereof, the jury, if their verdict be in favor of the plaintiff, or, if being in favor of the defendant, they also find that he is entitled to a return thereof, must find the value of the property, and, if so instructed, the value of specific portions thereof, and may, at the same time, assess the damages, if any are claimed in the complaint or answer, which the prevailing party has sustained by reason of the taking or detention of such property. [In effect July 1st, 1874.] Verdict in replevin-7 Cal. 568; 8 Cal. 446; 21 Cal. 274; 24 Cal. 147. § 628. Upon receiving a verdict, an entry must be made by the clerk in the minutes of the court, specifying the time of trial, the names of the jurors and witnesses, and setting out the verdict at length, and where a special verdict is found, either the judgment rendered thereon, or if the case be reserved for argument or further consideration, the order thus reserving it. INSOLVENCY. ARTICLE IX. PENAL CLAUSES. § 56. From and after the taking effect of this act, if any debtor or insolvent shall, after the commencement of proceedings in insolvency, secrete or conceal any property belonging to his estate, or part with, conceal, or destroy, alter, mutilate, or falsify, or cause to be concealed, destroyed, altered, mutilated, or falsified, any book, deed, document, or writing relating thereto, or remove, or cause to be removed, the same or any part thereof, with intent to prevent it from coming into the possession of the assignee in insolvency, or to hinder, impede, or delay his assignee in recovering or receiving the same, or make any payment, gift, sale, assignment, transfer, or conveyance of any property belonging to his estate, with like intent, or shall spend any part thereof in gaming; or shall, with intent to defraud, willfully and fraudulently conceal from his assignee, or fraudulently or designedly omit from his schedule any property or effects whatsoever; or if in case of any person having to his knowledge or belief proved a false or fictitious debt against his estate, he shall fail to disclose the same to his assignee within one month after coming to the knowledge or belief thereof; or shall attempt to account for any of his property by fictitious losses or expenses; or shall, within three months before the commencement of proceedings in insolvency, under the false pretense of carrying on business and dealing in the ordinary course of trade, obtain on credit from any person any goods or chattels, with intent to defraud; or shall, with intent to defraud his creditors, within three months next before the commencement of proceedings in insolvency, pawn, pledge, or dispose of otherwise than by bona fide transactions in the ordinary way of his trade, any of his goods or chattels which have been obtained on credit and remain unpaid for, he shall be deemed guilty of misdemeanor, and, upon conviction thereof, shall be punished by imprisonment in the county jail for not less than three months nor more than two years. Concealing property, etc.-see Penal Code, sec. 154. Fraudulent dealing with books or writing-see Penal Code, sec. 132. Fraud-sec. 49n; 19 Cal. 143. Fraudulent preferences and transfers-sec. 55n. ARTICLE X. MISCELLANEOUS. § 57. If any debtor shall die after the order of adjudication, the proceedings shall be continued and concluded in like manner and with like validity and effect as if he had lived. Continuance of proceedings-after death of party, compare Code Civ. Proc. sec. 385. § 58. Pending proceedings by or against any person, copartnership, or corporation, no Statute of Limitations of this State shall run against a claim which in its nature is provable against the estate of the debtor. Limitations generally-see Code Civ. Proc. sec. 312n. § 59. Any creditor, at any stage in the proceedings, may be represented by his attorney or duly authorized agent. Attorney-see Code Civ. Proc. sec. 275 et seq. § 60. It shall be the duty of the court having jurisdiction of the proceedings, to exempt and set apart for the use and benefit of said insolvent such real and personal property as is by law exempt from execution; and also a homestead in the manner as provided in section one thousand four hundred and sixty-five of the Code of Civil Procedure. Property exempt from execution-see Code Civ. Proc. sec. 690 and notes. § 61. The filing of the petition by or against a debtor upon which an order of adjudication in insolvency may be made by the court, shall be deemed to be the commencement of proceedings in insolvency under this act. § 62. Words used in this act in the singular include the plural, and in the plural, the singular, and the word debtor" includes partnerships and corporations. Meaning of words-compare Code Civ. Proc. sec. 17. 66 TITLE I. PART IV. OF EVIDENCE. GENERAL DEFINITIONS. §§ 1823-1839. OF GENERAL PRINCIPLES. §§ 1844-1870. IV. EFFECT OF EVIDENCE. § 2061. V. RIGHTS AND DUTIES OF WITNESSES. §§ 2064-2070. [637] PENAL APPENDIX.-54. |