Page:United States Statutes at Large Volume 31.djvu/1308

 1256 FIFTY-SIXTH CONGRESS. Sess. II. Ch. 854. 1901. or his misconduct, the court which passed the order of reference may rescind the same. F°“S‘ Sec. 426. FEES.-—The fees of the referee may be fixed by rule of court or agreement of the parties, and taxed as part of the costs of the cause. E Several rerereer- Sec. 427. SEVERAL REFEREES.—Th€ reference may be to more persons than one, provided they be an odd number of persons, in which case all IHUSB meet together and hear all the allegations andproofs of the parties; but a majority may determine all questions submitted to or arising before them. Dem or Per*>’· SEo. 428. DEATH or 1=ARTY.——If the death of either party shall happen pending the trial or hearing of a cause before a referee, the reference shall be at an end. If such death shall occur after the cause is submitted to the referee for final judgment or decree, the referee shall return his award, and thereupon the representative of such decedent may appear, or be required by the adverse party to appear, as provided in c apter two, and the cause thereupon be proceeded wit as if such deat had not occurred. Dem °f "f‘*’°"· SEc. 429. DEATH or REEEREE.—If any referee shall die before making his award, the court shall, upon the consent of the parties or their counsel, appoint a referee, who·shall have the same power to act as if originally appointed by mutual_consent of the parties. ,m(§‘,§§}m°“`1“W me" Sec. 430. Co1~1MoN -LAw REEERENoEs.—Nothing herein contained shall prevent the court from 1`Bf€1‘1'lHg a cause to an arbitrator, subject to the ratification of his award by the court, according to the course of the common law and the former practice of the court. CHAPTER ELEVEN. chggggggcrgguer or ASSIGNMENT OF CHOSES IN ACTION. J“dgm°“*S· Sec. 431. J UDGMENTs.——A judgment or money decree may be assigned in writing, and upon the assignment thereof being filed in the clerk7s office the assignee may maintain an action or sue out a scire facias or execution on said judgment in his own name, as the original plaintiff might have done. Berrde- Sec. 432. BONDS.—·AHy bond or obli ation under seal for the pay- ment of money may be assigned under tie name and seal of the obligee therein named, and the assignee may maintain an action thereon in his own name. m§g§rreg°**eb‘e °°“· SEo. 433. NONNEGOTIABLE CONTRACTS.——All nonnegotiable written M agreements for the payment of money, including nonnegotiable bills of exchange and promissory notes, or for the delivery of personal property, all open accounts, debts, and demands of a liquidated character, except claims against the United States or the salaries of public officers, mayrbe assigned in writing, so as to vest in the assignee a right to sue for the same in his own name. Ge¤erel¤eere»"¤¤¤e¤re·i Sec. 434. GENERAL Ass1GNMENTS.—In case of a general assignment which shall include choses in action, it shall not be necessary to execute a separate assignment of each chose in action, but the assignee shall be entitled, by virtue of the general assignment, to sue in his own name on the several choses in action included therein. CHAPTER TwELvE. Assig¤me¤t<>finS¤1— I/XSSIGNMENT OF INSOLVENT DEBTORS. vent debtors. Inveuwry- SEc. 435. INVENTORY.—In all cases of voluntary assignments hereafter made in the District of Columbia for the benefit of creditors, the I debtor shall annex to such assignment an inventory, under oath or aiiirmation, of his estate, real and personal, according to the best of