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CHAPTER XXXVI.

JOINT CONTRACTS.

Magruder v. Belt,

Sec. 1205. WHAT CONTRACTS JOINT AND SEVERAL.

Sec. 1211, 1271; Every contract and obligation entered into by two or more 7 D. C. App., 303 persons, whether partners or merely joint contractors, 2D:C: App:: 318 whether under seal or not, and whether written or verbal, 38 L. R., 154. and whether expressed to be joint and several or not, shall for the purposes of suit thereupon be deemed joint and several. Sec. 1206. DEATH OF JOINT CONTRACTOR.-If one or

38 L. R., 154. more of such persons shall die, his or their executors, administrators, or heirs shall be bound by said contract in the same manner and to the same extent as if the same were expressed to be joint and several.

Sec. 1207. MERGER.-If an action be brought against all the parties to such contract, but service of process is had against some only of the defendants, or an action is brought against and service had on some only of the parties, a judgment against the parties so served shall not work an extinguishment or merger of the cause of action on which such judgment is founded as respects the parties not so served, but they shall remain liable to be sued separately.

Sec. 1208. DEATH AFTER SUIT BROUGHT.—If any one of several defendants in an action shall die after the commencement of the action, his legal representative may be made parties thereto as directed in chapter two aforesaid.

Sec. 1209. EVIDENCE.—In actions ex contractu against neYoung : War. alleged joint debtors it shall not be necessary for the 433-2 D.C. App, plaintiff to prove their joint liability as alleged in order to maintain his action, but he shall be entitled to recover, as in actions ex delicto, against such of the defendants as shall be 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 suit.

Sec. 1210. SEPARATE 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 in chapter forty-seven, on partners.

311

318.

Secs. 1494,1497.

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Sec. 1205-1210, 1271,1532; Walker

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Sec. 1211. Where money is payable by two or more
9. Title Îns. Cor. persons jointly or severally or jointly and severally upon
19 D.C. App, 576: the same obligation or instrument, one action may
1 D.C. App: 171 tained and judgment recovered against all or any of the
D.C.,827. parties by whom the money is payable, at the option of the

plaintiff; but if separate actions be brought unnecessarily
against the several parties to such contract, the said
actions may on motion be consolidated, and the plaintiff

shall be allowed the costs of one action only.
312

CHAPTER XXXVIII.

JUDGMENTS AND DECREES.

30 D. C. App., 582.

Sec. 1212. LIMITATIONS.--Every final judgment at Sec. 1267, 1270: common law and every final decree in equity for the pay- ley:20 D.C. App., ment of money rendered in the supreme court of the Dis- Minnix,30*M. E: trict, and every judgment of a justice of the peace certified App., 582; Green to and docketed in the clerk's office of the said supreme App., 243; 5 D.C. court, as herein elsewhere directed, shall be good and en- App:, 548; 2 D. C: forceable, by an execution issued thereon, for the period ?: 226, act of of twelve years only from the date when an execution sec. 6. might first be issued thereon, or from the date of the last revival thereof under scire facias, except as provided in the next section; but the time during which the judgment creditor is stayed by agreement in writing filed in the cause, or injunction, or other order, or by the operation of an appeal from enforcing the judgment is not to be computed as part of said period of twelve years.

Sec. 1213. EXPIRATION OF JUDGMENT OR DECREE. At the expiration of said period of twelve years the said judgment or decree shall cease to have any operation or effect, and no action shall be brought on the same nor any scire facias or execution issued on the same thereafter; but this provision shall in no wise affect any proceeding that may be then pending for the enforcement of the said judgment or decree.

Sec. 1214. LIEN OF JUDGMENT OR DECREE.- Every Sec. 1216;, Ohio final judgment at common law and every unconditional lin, 26 D.C. App., final decree in equity for the payment of money from the 351

; 30 D. C. App", date when the same shall be rendered, every judgment of 582; 37 D.C. App: a justice of the peace when docketed in the clerk's office 368 29 L. R., 412; of the supreme court of the District of Columbia, and 38 L. R., 252. every recognizance taken by said supreme court, or a justice thereof, from the time when it shall be declared forfeited, shall be a lien on all the freehold and leasehold estates, legal and equitable, of the defendants bound by such judgment, decree, or recognizance, in any lands, tenements, or hereditaments in the District, whether such estates be in possession or be reversions or remainders, vested or contingent, but such liens on equitable interests shall be enforced by bill in equity. And any recognizance taken in the police court, after being forfeited, may be transmitted to the clerk's office of said supreme court and therein docketed in the same manner as the judgment of a justice of the peace as aforesaid, and thereupon shall have the same effect as if taken in the said supreme court; and

said lien shall continue as long as such judgment, decree,
recognizance shall be in force or until the same shall be

satisfied or discharged.
Sec. 68, 431, 1077, Sec. 1215. SCIRE FACIAS.—If during the period of
1078, 1087, 1104; 30
D. C. App., 582: twelve years from the rendition of the judgment or decree,
SD.C. App.; 130; from judgment upon a scire facias thereon, the creditor
6 D. C. App., 368. shall cause a scire facias to be issued upon the judgment

or decree and a fiat shall be issued thereupon, the effect
of such fiat shall be to extend the effect and operation
of said judgment or decree with the lien thereby created
and all the remedies for the enforcement of the same for
the period of twelve years from the date of such fiat.

Sec. 1216. LIEN OF MORTGAGE. —Where real property
is sold and conveyed and, at the same time, a mortgage or
deed of trust thereupon is given by the purchaser to secure
the payment of the whole or any part of the purchase
money, the lien of the said mortgage or deed of trust on
the property shall be superior to that of a previous judg-
ment or decree against the purchaser.

Sec. 1217. DOCKET.-The clerk of said supreme court shall keep and maintain a docket, to be known as the judgment docket, in which shall be entered the titling of every cause and proceeding in which any judgment or decree may be entered or any recognizance taken, as aforesaid, including recognizances transmitted from the police court, as aforesaid, with a minute of the dates and amounts thereof, and said judgments, decrees, and recognizances shall be indexed in the names of all the principals and sureties bound thereby.

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Sec. 1236; Fowle v. Tavenner, 34 L.

Sec. 1218. WHEN NOTICE TO QUIT NOT NECESSARY. When real estate is leased for a certain term no notice to R., 307; 27 D. C. quit shall be necessary, but the landlord shall be entitled App., 205. to the possession, without such notice, immediately upon the expiration of the term. Sec. 1219. NOTICES TO QUIT.—A tenancy from month

Secs. 1220, 1236;

Dowling v. Buck to month, or from quarter to quarter, may be terminated ey, 34 L. R., 287. by a thirty days' notice in writing from the landlord to the tenant to quit, or by such a notice from the tenant to the landlord of his intention to quit, said notice to expire, in either case, on the day of the month from which such tenancy commenced to run. Sec. 1220. TENANCY AT WILL.-A tenancy at will may spauding 12: Hosti

; be terminated by thirty days' notice in writing by either o D. C., 123. landlord or tenant. Sec. 1221. TENANCY BY SUFFERANCE.-A tenancy by 10%ecs. 1911, 1919;

, 1036, 1218, sufferance may be terminated at any time by a notice in 1220 writing from the landlord to the tenant to quit the premises leased, or by such notice from the tenant to the landlord of his intention to quit on the thirtieth day after the day of the service of the notice. If such notice expires before any periodical installment of rent fall due, according to the terms of the tenancy, the landlord shall be entitled to a proportionate part of such installment to the date fixed for quitting the premises.

Sec. 1222. NOTICE NOT TO BE RECALLED.-Neither landlord nor tenant, after giving notice as aforesaid, shall be entitled to recall the notice so given without the consent of the other party, but after the expiration of the notice given by the tenant as aforesaid the landlord shall be entitled to the possession as if he had given the proper notice to quit; and after the expiration of the notice given by the landlord as aforesaid the tenant shall be entitled toquit as if he had given the proper notice of his intention to quit.

Sec. 1223. SERVICE OF NOTICE.-Every notice to the Neely u. Parker tenant to quit shall be served upon him personally, if he v. 8., 444; R. .

D. C.,681. can be found, and if he can not be found it shall be sufficient service of said notice to deliver the same to some person of proper age upon the premises, and in the absence of such tenant or person to post the same in some conspicuous place upon the leased premises.

Sec. 1224. REFUSAL TO QUIT, DOUBLE RENT.-If the Act of 11 Geo. 2, tenant, after having given notice of his intention to quit as aforesaid, shall refuse, without reasonable excuse, to surrender possession according to such notice, he shall be liable to the landlord for rent at double the rate of rent payable according to the terms of tenancy for all the time that the tenant shall so wrongfully hold over, to be recovered in the same way as the rent accruing before the termination of the tenancy.

ch. 19, sec. 18

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