Page:United States Statutes at Large Volume 31.djvu/1485

 FIFTY-SIXTH CONGRESS. Sess. II. Ch. 854. 1901. 1433 tled to recover such payment as part of the costs in such proceeding, or, if defeated therein, he shall be credited with such payment in taxation of costs against him. And unless the person, iirm, association, or corporation so conducting a storage business shall claim some right, title, or interest in said stored property other than the lien hereinabove authorized, he, it, or they shall not be made a party to such judicial proceedings. CHAPTER F IFTY-I~:Ic.II*r. Waste. Sec. 1622. J OINT TENANT OR TENANT IN ooMMoN AGAINST corENANr.— mlgjygoggfggggragggg Any joint tenant or tenant in common may maintain an action for bmeuanc. g waste committed by his cotenant, or in a suit for a partition, or a sale for purpose of partition, may have said waste charged against the share of the cotenant committing the same. CHAPTER FIFTY-NINI·;. \V[LLS_ wins. Sec. 1623. NVIIAT MAY BI: DEVISED.—-.All lands, tenements, and here- ,,,QQQg2“ MY be d°· ditaments, and personal estate which might pass by deed or gift, or` which would, in case of the proprietor`s dying intestate, descend to or devolve on his or her heirs or other representatives, shall be subject to be disposed of, transferred, and passed by his or her last will, testament, or codicil, under the following restrictions: Sec. 1621. PEn1>ETUI·rIEs.——No will, testament, or codicil shall be P**P€°¤m*>$· effectual to create any interest in perpetuity. or make any limitation, or appoint any uses, except as permitted by this code. Sec. 1625. WH0 GAPABLE OF MAKING WILL.-NO will, testament, or mQ,‘Qg,§gQ,*§,§j_“bl€ of codicil shall be good and effectual for any purpose whatever unless the person making the same be, if a male, of the full age of twenty-one years, and if a female, of the full age of eighteen years, and be at the time of executing or acknowledging it, as hereinafter directed, of sound and disposing mind and capable of executing a valid deed or contract. Sec. 1626. Form or YVILL AND RE\'OCATION.—All wills and testaments F°““ of Wmshall be in writing and signed by the testator, or by some other person in his presence and by his express directions. and shall be attested and subscribed in the presence of the said testator by at least two credible witnesses, or else they shall be utterly void and of no effect; and, .R·‘**<>°m°¤- moreover, no devise or bequest, or any clause thereof, shall be revocable otherwise than by some other will or codicil in writing or other writing declaring the same, or by burning. canceling, tearing, or obliterating the same by the testator himself or in his presence and by his direction and consent; but all devises and bequests shall remain and continue in force until the same be burned, canceled, torn, or obliterated by the testator or by his direction in the manner aforesaid, or unless the same be altered or revoked by some other will. testament, or codicil in writing, or other writing of the testator signed in the presence of at least two witnesses attesting the same. any former law or usage to the contrary notwithstanding. Sec. 1627. REVIVAL or WILL Arran RE\'OCATIOS.~·-NO will or codicil, ,__,§($g;;;;1°*"’lll aim or any part thereof, which shall be in any I11anner revoked shall. after ` being revoked, be revived otherwise than by the reevtcution thereof. ‘ or by a codicil executed in the manner hereinbefore required, and then only to the extent to which an intention to revive is shown. Sec. 1628. IXFTER-ACQUIRED REAL r:sTATE.—Any will hereafter exe- €,;§j’·¤*°q“i*€d ml c-uted which shall, by words of general import, devise all the estate orl all the real estate of the testator shall be deemed. taken, and held to operate as a valid devise of any real estate acquired by said testator