Page:United States Statutes at Large Volume 31.djvu/1470

 1418 EIFTY-sIXTH coneniiss. sm. ii. cn. sai. nm I insolvency of the partnership or of one of the general partners V until a notice of such dissolution shall have been filed and ’H°l in the office of the clerk of the supreme court of the District I published once a week for four weeks in two newspapers to be dbs' natal by the clerk, which publication may be proved by andavjt lg"` r recorded as hereinbefore prescribed for the publication of the certipg cate for the formation of such partnership. · m` Liability of the sen- Sec. 1528. LIABILITY OF THE GENERAL PARTNERs.—The gene, gjizrrgjgecfs to each PMJEHGTS Shall bg liable to account to each other and to the special pajiji ners for the management of the concern, both at law and in equity I CHAPTER FORTY-EIGHTJ _inj>;nég;e§t of money PAYMENT OF MONEY INTO COURT. Iuwhatcascs- . Sec. 1529. In WHAT cAsEs.—In any personal action the defendant may pay into court a sum of money on account of what is claimed by the plaintiff, or by way of compensation or amends, with costs to the time of such payment, and plead that he is not indebted to the plaintiff (or that the plaintiff has not sustained damages) to a greater amount ` than said sum. i . —right ¤fi>1ai¤‘¤iff· Sec. 1530. RIGHT on PLAINTIFF.——Tl1e plaintiff may accept the said sum, either in full satisfaction or in part satisfaction, and reply to the plea generally, and if issue thereon be found for the defendant judgment shall be given for the defendant and he shall recover his costs. DD€g>g<§¤‘¤§ jilagidt Sec. 1531. DEFENDANT7S RIGHT ON CLAIM BY THIRD rARTY.——Up0n gmy. ‘ Y affidavit by the defendant, in an action upon contract or for the recovery. of personal property, that a third party, without collusion with him, has or makes claim to the subject of the action, and that he, the defendant, is ready to pay or dispose of the same as the court may direct, the court may make-- an order for the safe—keeping or for the _ payment ordeposit in court of the subject of the action, or the delivery ` such third party to appear in a reasonable time and maintain or relinquish his claim against the defendant; and if said third party, having · been served with a copy of the order by the marshal, fail to appear the court may declare him barred of all claim in respect to the subject of the action against the defendant therein; but if he appear he shall be allowed to make himself defendant in the action in lieu of the original defendant, who shall be discharged from all liability to either of the other parties in respect to the subject of the action on his compliance, with the order of the court for the payment, deposit, or delivery thereof. · CHAPTER FORTY—NINE. Pl€sdi¤s¤ wd PLEADINGS AND PRACTICE IN RELATION THERETO. in relation q J<>i¤d¤r Of claims- Sec. 1532. J orN1>ER or CLAIMS.—ThQ plaintid may join in he declaration in debt, in separate counts, different claims for liquidated amounts due him, whether founded on judgment, specialty, or simple contract, and also claims for unliquidated damages for breach of contract, whether growing out of specialties or simple contract. Ijle may also join in his declaration in trespass, in separate, counts, different V claims for damages for torts, whether committed with force or not. He shall not be allowed to join in the same declaration counts soundin in tort and counts sounding in contract. _ _ I Waiver Of demur-, EEG,. 1533. WAIVER or nEMnRRnR.—-In all Casas, Civil or cr1Hi1¤f*= mn j lh which any or either party shall dcmur tg any indictment, Cl€<$l&1£“'
 * §j$g>‘i)8;tr*j?,C°» etc-- Of thereof to such person as it may direct, and also an order requiring