Page:United States Statutes at Large Volume 31.djvu/389

FIFTY-SIXTH CONGRESS. Sess. I. Ch. 786. 1900. 337 this section shall not apply to a negotiable promissor note or bill of exchan e transferred in good faith and upon valuable consideration before due. . _ Sec. 27. An executor or administrator, a trustee of an express trust, mf;";$,‘},“°,§,‘gf,,},§l’Sf,§§ or a rson expressly authorized by statute, may sue without joining person b¤¤¢·>¤¤i¤11yi¤- withllieim the person for whose benefit the action is prosecuted. A t°"°°t°d' person with whom, or in whose name a contract is made for the benefit of another, is a trustee of an express trust within the meaning of this section. . · » Sec. 28. A wife may receive the wages of her personal labo1·, and pQ§§§§‘§}f§},“§‘g}§,§,*§ maintain an action therefor in her own name and hold the same in her ¤¤if¤¤¤¤¤¤i¤d- own right, and she may prosecute and defend all actions for the preservation and protection of her rights and pro erty as if unmarried. Sec. 29. Actions may be commenced andp prosecuted by infants, 1¤f¤“¤g1w ervm by either by guardian or next friend, and by conservators on behalf of 7 the persons they represent. Sec. 30. In any action it shall be lawful for the court in which the 0§n¤,;¤}i¤¤· **9** ¤P· action is pending to appoint a guardian ad litem to any infant or insane P ` defendant in such action, and to compel the person so appointed to act. By such appointment such person shall not be rendered) liable to pay costs of action; and he shall, moreover, be allowed a reasonable sum for his char es as such guardian, to be fixed by the court, and taxed in the bill og costs. · Sec. 31. A father, or in case of his-death or desertion of his family, fmfviég mggagimgguz the mother, may maintain an action as plaintiff for the injury or death num. 6 of a child, and a guardian for the injury or death of his ward. Sec. 32. A father, or incase of his death or desertion of his family, { mg; fs;-l>;1P§g;$¢*}*¢ the mother, may maintain an action as plaintiff for the seduction of a riimgum or ima? a' daughter, and the guardian for the seduction of a ward, though the dau hter or ward be not living with or in the service of the plaintiff at tie timeeof they seduction or afterwards, and there be no loss of ·serv1ce. Sec. 33. An unmarried female over twenty-one years of age may m:‘{g§;},gP—;$1g’gg§d,f; maintain an action as plaintiff for her own seduction, and recover ocausediictiou. therein such damages as may be assessed in her favor; but the prosecution of an action to judgment by the father, mpther, or guardian, as prescribed in the section last preceding, shall be a bar to an action by such unmarried female. - Sec. 34. Persons severally liable upon the same obligation or instru- u:{_$;¢j)<;; ssgg g ment, including the parties to bills of exchange and promissory notes, mem may be sued m- may all or any of them be included in the same action, at the option g"“‘°‘” °' ‘°*’“"““°1Y· of the plaintiff. _ Sec. 35. No action shall abate by the death or disability of a party, ab;Vt1;¢¤ ¤¤¤¤¤ ¤¤¤¤ w or by the transfer of any interest therein, if the cause of action sur- ' vive or continue. In case of the death or disability of a party, the court may at any time within two years thereafter, on motion, allow ` the action to be continued by or against his personal represenmtives or §uccessogn interesp. h H · b b h d h f _ wh H f no. 36. .n action or a wrong s a_ nota ate y the Feat o any °” “° °“ _°" party after the verdict has been given therein, but the action shall pro- Wmug not to abate ceed thereafter in the same manner as in cases where the cause of action surv1ves. — ‘ Sec. 37. In any action for the recovery of specific personal property, mX‘§,h§§SE§‘g§§lit¥,$§'}1°§,€ if a third person demand of the defendant the same property, the court, d¢f¤¤d¤¤¤·¤- in its discretion, on motion of the defendant, and notice to such person and the adverse party, may, before answer, make an order discharging the defendant from liability to either party, and substitute such person in his place as defendant. Such order shall not be made but on the condition that the defendant deliver the property on its value to such person as the court may direct, nor unless 1t appears from the voL xxx1—--22