Page:United States Statutes at Large Volume 31.djvu/1442

 1390 FIFTY-SIXTH CONGRESS. Sess. Il. Ch. 854. 1901. of justice, or or by statutory (prohibition, the time of such stay shall not be part of the time limite for the commencement of the action. mIf§g}igg°mi¤° °° b°_ SEo. 1271. NEW PROMISE TO BE IN WRITING, AND so FoRTH.—In ` actions of debt or upon the case grounded upon any sim(ple contract, no acknowledgment or promise by words only shall be eemed sufficient evidence of a new or continuing contract whereby to take any case out of the operation of the statute of limitations or to deprive any party of the benefit thereof unless such acknowledgment or promise shall be made or contained by or in some writing to be signed by the ggggggkq party chargeable thereby: Hmziclcd, That nothing herein contained ‘ " shall algir or_ ttake iwayhoiiolessen the effec}: of any pgymepztépf guy rincip or in eres ma e y any person W a soever: rom e a so 8 J¤;g§¤;;¤;¤Of¤¤;¤é;e:;$ ghat in actions to be commenced against two or more joint contrahtors: .l§i1fcoi1tractors,etc. or executors, or administrators, if it shall appear at the trial, or_otherwise, that the plaintiff, though barred by the statute of limitations as to one or more of such joint contractors, or executors, or administrators, shall nevertheless be entitled to recover against any other or others of the defendants by virtue of a new acknowledgment or promise or otherwise, judgment may be given for the plaintiff as to such defendant or defendants against whom he shall recover. No indorsement or memorandum of any payment hereafter written or made upon any promissory note, bill of exchange, or other writing, by or on behalf of the party to_ whom such payment shall purport to be made, shall be deemed sufficient proof of such payment so as to take the case out of the operation of the statute of limitations. d,,1{’,€,’fd°,f{,?u‘}S “ ‘° SEG- 1272 DIRECTIONS AS TO DEBTS IN A wILL.—No provision in `the will of a testator devising his real estate, or any part thereof, subject to the payment of his debts, or charging the same therewith, shall prevent the statute of limitations from operating against such debts, unless it plainly appears to be the testator’s intention that it shall not so operate. CHAPTER FORTY—TWO. M¤¤d¤¤¤¤=*- MANDAMUS. -h¤W ¤¤P¤·*=df<¤· SEc. 1273. How APPLIED FOR.—All applications for granting writs of mandamus shall be commenced by petition, verified by affidavit of the applicant, setting forth fully the ground of his application. R¤1¤<>¤ ¤<=f<=¤d¤¤*· Sec. 1274. RULE ON DEPENDANT.—Upon the filing of such petition the court may lay a rule requiring the defendant therein named to show cause, within such time as the court may deem proper, why a writ of mandamus should not issue as prayed a copy of which rule shall be served upon such defendant by a day td be therein limited. D<=f<-=¤<1¤¤=’¤¤¤Sw€*- Sec. 1275. DEFENDANT7S ANsWER.—The defendant, by the day named in such order, unless for cause shown the court shall extend the time, shall file an answer to such petition, fully setting forth all the defenses upon which he intends to rely in resisting such application, which shall be verified by his affidavit. theisgfjggzggg fm- SEc. 1276. PLEADINGS AND FURTHER PROCEEDINGS.-ThE petitioner ` may plead to or traverse all or any of the material averments set forth in said answer, and the defendant shall take issue or demur to said plea or traverse within five days thereafter; and such further proceedings shall thereupon be had in the premises for the determination thereof as if the petitioner had brought an action for a false return. Time °“ml°“¤S“°- SEc. 1277. TIME or TRIAL or IssUE.—If issue shall be joined on such proceedings, the same shall stand for trial at as early a day as the ` court shall appoint. 'l"l‘*l· Sec. 1278. 'F`RIAL.—S1.1Cl11SS\1€S shall be tried by a j uiiy if both parties in writing require it, otherwise they shall be heard an determined by the court; and in case a verdict shall be found for the petitioner, or if