Page:United States Statutes at Large Volume 47 Part 1.djvu/1025

 72d C ONGRESS. SESS. II. CH. 127. FEBRUARY 27, 1933 . 100 1 SEC. 523. SrCCESSIVE ACTIONS ON THE SAME CONTRACT, ETC.-Succes- Su c oes sive act ions on sive actions may be maintained upon the same contract or transac- same contract, etc . tion , wh ene ver, aft er the former a ctio n, a new cau se of action ar ises therefrom. SEC. 524. SE VERA NCE AND CONSOLIDATION .An action may be solsidatia nof and c n- seve red and act ions may be con soli date d, in the d iscr etio n of the cour t, when ever it can be done wit hout pre jud ice to a sub sta ntia l right. SEC. 525 . ACTIONS, WHEN DEEMED PENDING .-An action is deemed p en~' SPhe ndee med to be pending from the time of its commencement until its final determination upon appeal, or unt il the tinge for appeal has passed, unle ss the judg ment is soon er satisfied . SEC. 526 . ACTIONS TO DETERMINE ADVERSE CLAIMS, AND BY SURE- Ota cct ioon adverse TIES .-An acti on may be brou ght by one per son against ano ther for the purpose of determining an adverse claim, which the latter slakes against the former for money or property u on an alleged obli gati on ; and also against two or more persons, for the purpose of compelling one to satisfy a debt due to the other, for which plaintiff is bo und as a surety. SEC. 527. TESTIMONY ; WHO MAY TAKE DOWN .-On the tria l of an mon e yr d ing of testi- action in the district court, if there is no shorthand reporter of the court in atten dance, the test imony may be tak en down in writi ng by anyone agreed to by the parties. Clerk to keep mia- SEC. 528 . THE cLERx sHAi.,.° :rvvp MINIIrE BooKs :The clerk shall pies. in person or by assistant attend all sessions of the court and keep minute books, in which he sha ll record, under the direction of the judge, all the proceedings of the court. Authority of two of SEC. 52 9. Two OF THREE REFEREES, AND SO FORTH, MAY DO ANY three referees to act. AcT.-When there are t hree referees, all must meet, but two of them may do any act wh ich might be done by all. Extension of time for S EC. 530. ExTENSION OF TIME WiTkUN WHICH AN ACTISTOBE DONE ; filing pleadings, etc. NOT TO EXCEED THIRTY DAYS ; EXCEPTION .-When an act to be done, as prov ided in thi s co de, rela tes to the plea ding s in the ac tion , or the undertakings to be filed, or the justifications of sureties, or the preparation of bills of exceptions, or of amendments thereto, or to the service of notices other than of appeal, the time allowed by this code, unless otherwise expressly provided, may be extended, upon go od c ause sho wn, by the judg e of the di stri ct court ; but such extension shall not exceed thirty days, without the consent of the adverse party. SEC. 531. ACTION AGAINST OFFICER FOR OFFICIAL ACTS .-If an action Action against officer for official acts. is brought aga in st any officer or person for an act for the doing of which he had theretofore received any va lid bond or cov enant of indemnity, and he gives s easonable notic e thereof in wr iting to the pers ons who exe cute d su ch b ond or cove nant , and p ermi ts them to conduc t the defense of such action, the judgment reco vered therein is conclusive evidence against the persons so notified ; and the court may, on motion of the defendant, up on notice of fi ve days, and upon proof of such bond or covenant, and of such notice and permission, enter judgment against them for the amount so recov- ered and costs. SEC. 532 . CORPORATIONS MAY BECOME SURETIES ON UNDERTAKINGS R~orporationssasure- AND BoNDS .-In all cases where an undertaking or bond, with any number of sureties, is authorized or required by any provision of this code, or of any law of the Canal Zone, any corporation w ith a pai d-up cap ita l of not les s t han $100 ,000, in cor pora ted unde r the law s of any St ate of the United States for the p urpo se of ma king , guaranteeing, or becoming a surety upon bonds or undertakings req uire d or au thor ized by law , or whi ch, by the laws of the Stat e
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