Page:United States Statutes at Large Volume 77.djvu/617

 77 STAT. ]

PUBLIC LAW 88-241-DEC. 23, 1963

or judge the person so detained, and the same proceedings shall be had in relation thereto as provided for by this chapter. The court or judge, upon hearing the proofs, shall determine which of the contesting parties is entitled to the custody of the person so detained, and commit the custody of the person to the party legally entitled thereto. § 16-1909. Construction of chapter This chapter does not affect any provision of chapter 153 of Title 28, United States Code.

585

62 Stat. 964. 28 USC 2241-

CHAPTER 21—JOINT CONTRACTS See. 16-2101. 16-2102. 16-2103. 16-2104. 16-2105. 16-2106.

2255.

Definition of Joint and several contracts. Death of party to the contract. Extinguishment or merger of cause of action. Death after action brought; legal representatives. Proof of joint liability unnecessary; judgment. Separate composition or compromise.

§ 16-2101. Definition of joint and several contracts For the purposes of action thereon, a contract or obligatipn entered into by two or more persons, whether: (1) the persons are partners or joint contractors; (2) the contract is under seal or not; (3) it is written or verbal; or (4) it is expressed to be joint and several or not— is deemed to be joint and several. § 16-2102. Death of party to the contract If a person specified by section 16-2101 dies, his executors, administrators, or heirs are bound by the contract in the same manner and to the same extent as if the contract or obligation were expressed to be joint and several. § 16-2103. Extinguishment or merger of cause of action Where, with respect to a contract specified by section 16-2101, an action is brought against: (1) all the parties thereto, but service of process is had on some, only, of the defendants; or (2) some, only, of the parties thereto, and service of process is had on them only— a judgment against the parties so served does not work an extinguishment or merger of the cause of action on which the judgment is founded as respects the parties not so served. They shall remain liable to be sued separately. § 16-2104. Death after action brought; legal representatives When one of several defendants in an action dies after the commencement of the action, his legal representatives may be made parties to the action as directed by chapter 1 of Title 12. § 16-2105. Proof of joint liability unnecessary; judgment In actions ex contractu against alleged joint debtors it is not necessary for the plaintiff to prove their joint liability as alleged in order to maintain his action. He is entitled to recover, as in actions ex delicto, against such of the defendants as are shown by the evidence to be jointly indebted to him, or against one only, if he alone is shown to be indebted to him, and judgment shall be rendered as if the others had not been joined in the action. § 16-2106. Separate composition or compromise Any one of several joint debtors, when their debt is overdue, may make a separate composition or compromise with their creditors, with the same effect as is provided in the case of parties by chapter 2 of Title 4 1.

31 Stat. 141.4.

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