Page:United States Statutes at Large Volume 78.djvu/712

 670

PUBLIC LAW 88-509-AUG. 30, 1964

[78 STAT.

§ 28-2304. General assignments including choses in action In a general assignment which includes choses in action, it is not necessary to execute a separate assignment of each chose in action, but the assignee, by virtue of the general assignment, may sue in his own name on the several choses in action included therein. §28-2305. Contract to assign future salary or wages (a) A contract attempting or purporting to transfer or assign salary or wages to be earned by the debtor, if made in the District of Columbia, is invalid and contrary to public policy and unenforceable, and if made outside the District of Columbia, is unenforceable in any court within the District of Columbia. (b) Whoever, in the District of Columbia demands or receives from a debtor an assignment of salary or wages to be thereafter earned by the debtor, or notifies an employer that he holds an assignment of such salary or wages, upon conviction shall be fined not more than $200 or imprisoned not more than sixty days. Prosecutions under this subsection shall be upon information filed in the Criminal Division of the District of Columbia Court of General Sessions by the Corporation Counsel of the District of Columbia or one of his assistants.

CHAPTER 25—BONDS AND UNDERTAKINGS Sec.

28-2501. 28-2502. 28-2503. 28-2504.

Definitions. Action on bond in a penal sum containing an avoidance condition. Action on bond to United States—Interest by private person. Fiduciary's bond—Discliarge only after accounting.

§28-2501. Definitions A bond, when required by or referred to in this Code, means an obligation in a certain sum or penalty, subject to a condition, on breach of which it is to become absolute and enforceable by action. An undertaking means an agreement entered into by a party to a suit or proceeding, with or without sureties, upon which a judgment or decree may be rendered in the same suit or proceeding against the party and his sureties, if any, the party and sureties submitting themselves to the jurisdiction of the court for that purpose. §28-2502. Action on bonds in a penal sum containing an avoidance condition A bond in a penal sum, containing a condition that it shall be void on the payment of a certain sum of money, or the performance of an act or of certain duties, has the same effect for the purpose of maintaining an action upon it as if it contained a covenant to pay the money or perform the act or the duties specified in the condition. But the damages to be recovered for a breach, or successive breaches, of the condition, as against the sureties therein, may not exceed the penalty of the bond. §28-2503. Action on bond to United States—Interest by private person When a bond is executed to the United States by a fiduciary or public officer, conditioned for the performance of certain duties, m the performance of which private persons are interested, a person aggrieved by a breach of the condition may maintain an action thereon in his own name against the obligor and his sureties to recover damans for the injury suffered by nim in consequence of the breach. The custodian of the bond shall furnish a certified copy thereof to the party for that purpose on payment of the legal fees therefor.

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