Page:United States Statutes at Large Volume 31.djvu/388

 336 FIFTY-SIXTH CONGRESS. 4 Sess. I. CE. 786. 1900. re resentatives, after the ex iration of the time and within one ear P _ P _. _ Y from his death. If a person against whom an action may be brought die before the expiration of the time limited for the commencement thereof and the cause of action survives an action ma be commence . ¤ . . > . .Y. against his personal representatives after the expiration of that t1me, and within six months after the issuing of letters testamentary or of _ _ _ administration. E ¤j1’;°§}’g,‘;‘{§ g§$,‘;§» Sec. 18. When a person shalgbe an alien subject or citizen of a ducted. country at war with the United tates the time of the continuance of the war shall not be a part of the period limited for the commencement of the action. » ‘ ju§§gg,{"0§°‘g§a§Q,*{,§}‘§; Sec. 19. When the commencement of an action is stayed by injuncgrolggiuou to be de- tion or a statutory prohibition, the time of the continuance of the uc ‘ in]unction or prohibition shall not be a part of the time limited for _  the commencement of the action., _ . ,stD@‘;‘,~;";¥§’,“};"j§ fg; Sec. 20. No person shall avail himself of a disability unless it existed non accru . iwhen his right of action accrued. r _ ‘ b,ffg*§S¤,§°,f,°{§; t‘§§’; Sec. 21. %Vhen two or more disabilities shall coexist at the time the does mic mach until right of action accrues the limitation shall not attach until all such dis- °'u "°m°v°d‘ abilities are removed. M uggkgggedggtgg Sec. 22. No aclznowledgment or promise shall be sufficient evidence ‘ in wmmg. 4 of a new or continuing contract, w ereby to take the case out of the operation of this chapter unless the same is contained in some writing signed by the party to bt charged thereby; but this section shall not _ _ _ alter the effect of any payment of principal or interest. · mf,·;f,';}**}§$,Q ,*§,,$,°?‘§g Sec. 23. Whenever any payment of principal or interest has been im payment. or shall be made ,upon an ex1sting contract, whether 1t_be a bill of M exchange, promissory note, bond, or other ev1dence of indebtedness, if such_payment be made after the same shall have become due, the _: cu b mdb limitation shall commence from the time the_ last payment was made. can bs ¤¤¤i¤- tory, or country between nonresidents of this distmct, and_ by the laws of the State, Territory, or country where the cause of action arose an action can not be maintained thereon b * reason of the la se of time . . . . . 5 . . . P · no action shall be maintained thereon in this d1str1ct. A CHAPTER THREE. l or THE PARTIES TO ACTIONS. Sec. P Sec. _ I a 25. Actgoxé to be prosecuted in the name 33. Wgzlxen unmgorgied female may sue for t e _ i inter t. er o uction. 26. As(Signm;.;2ol);rl:lli1l1gin aclsion notto 34. Partiessgerall liableonsameinstru- E Eprejudice defense. h ment tigay he suede together or 2". xecutor or trustee may sue wit out separa y. I the person beneficially interested. 35. When action not to abate. 28. Mamed women may prosecute and 36. When action for wrong not to abate. defend as if unmarried. S 37. When third persons may be substi- 29. Infant to a pear by guardian. tuted as de endants. 30. Guardian, how appomted. 38. Who may be made parties to action. 31. Who may prosecute for injury or 39. Who mustbemadedparties to action. death of a child. 40. ,When court to deci e controversy or 32. Who ma prosecute for Seduction of order other parties brought in. K a daug ter or ward. . 41. Who may intervene. c,{}§.§i?,‘2 {§Q’§,*§S§§ SEc. 25. Every action Shall be prosecuted in the name of the real the Teal P¤"°>' in im art in interest except as otherwise rovided in section twenty-seventerest. P y. . ’ P P. . y ’ but this section shall not be deemed to authorize the assignment of a thing in action not arising out of contract. (_ th§Ij5iS¤m*‘*?° 0* R Sec. 26. In the case of an assignment of a thing in action, the action g m action not to, , . . . prejudice amuse. by the assignee shall be without prejudice to any set-off or other defense existing at the time of or before notice of the assignment; but
 * °*‘ °“ “ {Q Sec. 24. When the cause of action has arisen in any State, Terristatute where caus _ _ _ _