Page:United States Statutes at Large Volume 31.djvu/1432

 1380 FIFTY-SIXTH CONGRESS. - Sess. II. _Ch. 854. 1901. 0,§€*;‘;SiS*~‘*¤°° °‘ P'iS· Sec. 1204. SUBSISTENCE or PRISONERS.——Th(‘.1'6 shall be allowed and . paid by the Attorney-Genera] for the subsistence of prisoners in the custody oft any marshal of the United States and the warden of the jail in t.he District of Columbia such sum as it reasonably and actually costs to subsist them. And it shall be the duty of the Attorney- General-to prescribe such regulations for the government of the marshals and the warden of the jail in the District of Columbia in relation to their duties under this chapter as will enable him to determine the actual and reasonable expenses incurred. CHAPTER THIRTY-SIX. Joint contracts. JOINT CONTRACTS. alfg*;*;ggg;*{m°*¤5°i“* Sec. 1205. WHAT CONTRACTS JOINT AND sEvEnAL.—Every contract ` and obligation entered into by two or more persons, whether partners or merely joint contractors, whether under seal or not, and whether written or verbal, and whether expressed to be joint and several or not, shall for the purposes of suit thereupon be deemed joint and several. ‘ Death of joint c<>¤— SEc. 1206. DEATH or JOINT CONTRACTOR.--If one or more of such m‘°t°r' ersonsshall die, his or their executors, administrators, or heirs shall he bound by said contract in the same manner and to the same extent as if the same were expressed to be joint and several. j Merger. Sec. 1207. MERGER.——If an action be brou ht against all the parties to such contract, but service of process is had against some only of the defendants, or an action is brought against and service had on some only of the parties, a, judgment against the parties so served shall not work an extinguishment or merger of the cause of action on o which such judgment is founded as respects the parties not so served, but they shall remain liable to be sued separately. . b Desai; after Suit Sec. 1208. DEATH AMER SUIT BROUGHT.-—I1l any one of several mgdefendants in an action shall die after the commencement of the action, his legal representatives may be made parties thereto as directed in chapter two aforesaid. - E*’id¢¤¤¢· Sec. 1209. EVIDENcE.—In actions ex contractu against alleged joint debtors it shall not be necessary for the plaintiff to prove their joint liability as alleged in order to maintain his action, but he shall be entitled to recover, as in actions ex delicto, against such of the defendants as shall be shown by the evidence to be jointly indebted to him, or against one only, if he alone is shown to be indebted to him, and judgment shall be rendered as if the others had not been joined in the suit. generate ‘ éomvw- SEc. 1210. SEPARATE coMr·1zoM1sE.—Any one of several joint debtors, m e' when their debt is overdue, may make a separate composition or compromise with'their creditors, with the same effect as is provided in the case of parties in chapter forty-seven, on partners. _CHA1>TEa THIRTY-SEVEN. Joinder of parties J OINDER OF PARTIES AND CAUSES OF ACTION. and causes of action. , · SEc. 1211. Where money is payable by two or more persons jointly or severally or jointly and severaldy upon the same obligation or instru- . . ment, one action may be sustaine and judgment recovered against all or any of the parties by whom the money is payable, at the option of the p aintiil`; but if separate actions be brought unnecessarily against the several parties to such contract, the said actions may on motion be copsolidated, and the plaintiff shall be allowed the costs of one action on y.