Reduction of

capital.

Assignment with preferences.

-penalty, special partner.

No partner to claim before creditors are paid.

When suits to be

but any partner may annually receive lawful interest on the sum so contributed by him if the payment of such interest shall not reduce the original amount of such capital; and if after payment of such interest any profits shall remain to be divided, he may also receive his portion of such profits.

SEC. 1519. REDUCTION OF CAPITAL.-If it shall appear that by the payment of interest or profits to any special partner the original capital has been reduced, the partner receiving the same shall be bound to restore the amount necessary to make good his share of capital, with interest, on being notified thereof.

SEC. 1520. ASSIGNMENT WITH PREFERENCES.—Every sale, assignment, or transfer of any property or effects of a partnership, or of any general partner, made by such partnership or general partner when insolvent or in contemplation of insolvency, or after or in comtemplation of the insolvency of any general partner, with the intent of giving preference to any creditor of such partnership or insolvent partner, and every judgment confessed, lien created, or security given by such partnership or general partner under the like circumstances and with the like intent, shall be void as against the creditors of such partnership. SEC. 1521. Every special partner who shall violate any of the provisions of the two preceding sections, or who shall concur in or assent to any such violation by the partnership or by any individual partner, shall be liable as a general partner.

SEC. 1522. NO PARTNER TO CLAIM BEFORE CREDITORS ARE PAID.In case of the insolvency or bankruptcy of a partnership no special partner shall, under any circumstances, be allowed to claim as a creditor until the claims of all the other creditors of the partnership shall be satisfied.

SEC. 1523. SUITS TO BE AGAINST GENERAL PARTNERS ONLY, IN WHAT against general CASES.-All suits respecting the business of the partnership shall be partners only. brought by and against the general partners only, subject to the provisions of section fifteen hundred and fifteen, except in those cases in which provision is made in this chapter that special partners shall be deemed general partners and special partnerships general partnerships, in which cases all persons so becoming general partners may be joined with those originally genera, partners in any suit brought against such partnerships.

ners; latter discov

-when brought SEC. 1524. If, in any case or suit brought against general and special against general partners, it shall appear at the trial of the case that the special partand special partners or any one of them are not liable to the suit of the plaintiff, the ered not to be sua- court may proceed to judgment or decree against the partners who may appear to be liable, in the same manner as if such partners were the only parties defendant to the suit, excepting that the partners who may be deemed not liable shall recover their legal costs against the plaintiffs.

ble, etc.

spe

Suit against cial partners, the creditor shall recover a judgment or obtain a decree

SEC. 1525. If, in any case or suit brought against general and spe

be

coming liable after against the general partners only, and shall afterward discover that judgment against general partners. special partners, or some one or more of them, have become liable as general partners, he may bring a new suit against such special partner or partners.

-force of judgments, etc.

Voluntary dissolution.

SEC. 1526. In the suits mentioned in the two preceding sections the judgment recovered shall be prima facie evidence of the amount due by the partnerships, and the partnership debt shall not be merged in any judgment or decree recovered or obtained against any partner or partners as against any other partner or partners.

SEC. 1527. VOLUNTARY DISSOLUTION.-No dissolution of such partnership by act of the partners shall take place previous to the time specified in the certificate of its formation, or in the certificate of its renewal, unless in consequence of the death of one of the partners or

insolvency of the partnership or of one of the general partners, nor antil a notice of such dissolution shall have been filed and recorded in the office of the clerk of the supreme court of the District, and published once a week for four weeks in two newspapers to be designated by the clerk, which publication may be proved by affidavit, and recorded as herein before prescribed for the publication of the certificate for the formation of such partnership.

Liability of the each other, etc.

SEC. 1528. LIABILITY OF THE GENERAL PARTNERS.-The general partners shall be liable to account to each other and to the special part- general partners to ners for the management of the concern, both at law and in equity.

CHAPTER FORTY-EIGHT.

PAYMENT OF MONEY INTO COURT.

SEC. 1529. IN WHAT CASES.-In any personal action the defendant may pay into court a sum of money on account of what is claimed by the plaintiff, or by way of compensation or amends, with costs to the time of such payment, and plead that he is not indebted to the plaintiff (or that the plaintiff has not sustained damages) to a greater amount than said sum.

Payment of money into court.

tiff.

In what cases.

Defendant's

SEC. 1530. RIGHT OF PLAINTIFF.-The plaintiff may accept the said right of plainsum, either in full satisfaction or in part satisfaction, and reply to the plea generally, and if issue thereon be found for the defendant judgment shall be given for the defendant and he shall recover his costs. SEC. 1531. DEFENDANT'S RIGHT ON CLAIM BY THIRD PARTY.-Upon affidavit by the defendant, in an action upon contract or for the recov- right on claim by ery of personal property, that a third party, without, collusion with third party. him, has or makes claim to the subject of the action, and that he, the defendant, is ready to pay or dispose of the same as the court may direct, the court may make an order for the safe-keeping or for the payment or deposit in court of the subject of the action, or the delivery thereof to such person as it may direct, and also an order requiring

-appearance,

such third party to appear in a reasonable time and maintain or relin- etc., of third party. quish his claim against the defendant; and if said third party, having been served with a copy of the order by the marshal, fail to appear the court may declare him barred of all claim in respect to the subject of the action against the defendant therein; but if he appear he shall be allowed to make himself defendant in the action in lieu of the original defendant, who shall be discharged from all liability to either of the other parties in respect to the subject of the action on his compliance with the order of the court for the payment, deposit, or delivery thereof.

CHAPTER FORTY-NINE.

PLEADINGS AND PRACTICE IN RELATION THERETO.

SEC. 1532. JOINDER OF CLAIMS.-The plaintiff may join in his declaration in debt, in separate counts, different claims for liquidated amounts due him, whether founded on judgment, specialty, or simple contract, and also claims for unliquidated damages for breach of contract, whether growing out of specialties or simple contract. He may also join in his declaration in trespass, in separate counts, different claims for damages for torts, whether committed with force or not. He shall not be allowed to join in the same declaration counts sounding in tort and counts sounding in contract.

Pleadings and practice in relation thereto.

Joinder of

claims.

Waiver of de

SEC. 1533. WAIVER OF DEMURRER.-In all cases, civil or criminal, in which any or either party shall demur to any indictment, declara- murrer.

Non est factum.

Plaintiff's

official character, how denied.

tion, or other pleading of the adverse party, and said demurrer shall be overruled, the party demurring shall have the right to plead over, by traverse or otherwise, without waiving his said demurrer; and upon appeal shall have the right to insist upon his demurrer and have the benefit thereof as fully as if he had not pleaded over.

SEC. 1534. NON EST FACTUM.-No plea of non est factum shall be received unless it be verified by the oath of the party tendering the same, or unless the defendant, being heir, executor, or administrator of the person alleged to have made the deed, obtain leave of the court, upon just cause shown, to put in such plea without verification.

SEC. 1535. PLAINTIFF'S OFFICIAL CHARACTER, HOW DENIED.-If either party wishes to deny the right of any other party to claim as executor, or as trustee, or in other representative capacity, or as a corporation, he shall deny the same specially under oath.

CHAPTER FIFTY.

Process.

Summons.

-form.

PROCESS.

SEC. 1536. SUMMONS.-In all common-law civil suits and actions in the District of Columbia the process for compelling the defendant's appearance shall be a summons in the following form:

You are hereby summoned to appear in this court on or before the twentieth day, exclusive of Sundays and legal holidays, after the day of service of this writ upon you, to answer the plaintiff's suit and show why he should not have judgment against you for the cause of action stated in his declaration; and in case of your failure so to appear and answer, judgment will be given against you by default. Witness the honorable. chief justice of said court, the anno Domini

day of

-"

Service on for- SEC. 1537. SERVICE ON FOREIGN CORPORATIONS.-In actions against eign corporations. foreign corporations doing business in the District all process may be served on the agent of such corporation or person conducting its business, or, in case he is absent and can not be found, by leaving a copy at the principal place of business in the District, or, if there be no such place of business, by leaving the same at the place of business or residence of such agent in said District, and such service shall be effectual to bring the corporation before the court.

Quo warranto.

Against whom issued.

CHAPTER FIFTY-ONE.

QUO WARRANTO.

SEC. 1538. AGAINST WHOM ISSUED.-A quo warranto may be issued from the supreme court of the District in the name of the United States

First. Against a person who usurps, intrudes into, or unlawfully holds or exercises within the District a franchise or public office, civil or military, or an office in any domestic corporation.

Second. Against any one or more persons who act as a corporation within the District without being duly authorized, or exercise within the District any corporate rights, privileges, or franchises not granted them by the laws in force in said District.

And said proceedings shall be deemed a civil action.

SEC. 1539. WHO MAY INSTITUTE.-The Attorney-General or the district attorney may institute such proceeding on his own motion, or on the relation of a third person. But such writ shall not be issued on the relation of a third person except by leave of the court, to be applied for by the relator, by a petition duly verified, setting forth the grounds of the application, or until the relator shall file a bond with sufficient surety, to be approved by the clerk of the court, in such penalty as the court may prescribe, conditioned for the payment by him of all costs incurred in the prosecution of the writ in case the same shall not be recovered from and paid by the defendant.

Who may insti

tute.

If Attorney

trict attorney re

SEC. 1540. IF ATTORNEY-GENERAL AND DISTRICT ATTORNEY REFUSE. If the Attorney-General and district attorney shall refuse to institute General and dissuch proceeding on the request of a person interested, such person fuse. may apply to the court by verified petition for leave to have said writ issued; and if in the opinion of the court the reasons set forth in said petition are sufficient in law, the said writ shall be allowed to be issued by any attorney, in the name of the United States, on the relation of said interested person, on his compliance with the condition prescribed in the last section as to security for costs.

SEC. 1541. RELATOR CLAIMING OFFICE.-When such proceeding is against a person for usurping an office, on the relation of a person claiming the same office, the relator shall set forth in his petition the facts upon which he claims to be entitled to the office.

SEC. 1542. NOTICE TO DEFENDANT.-On the issuing of the writ the clerk may fix a time within which the defendant may appear and answer the same. If the defendant can not be found in the District, the court may direct notice to be given to him by publication as in other cases of proceedings against nonresident defendants, and upon proof of publication, if the defendant shall not appear, judgment may be rendered as if he had been personally served.

SEC. 1543. If the defendant shall not appear as required by the writ, after being personally served, the court may proceed to hear proof in support of the writ, and render judgment accordingly.

SEC. 1544. PLEADING. The defendant may demur or plead specially or plead "Not guilty" as the general issue, and the United States may reply as in other actions of a civil character; and any issue of fact shall be tried by a jury if either party shall require it, otherwise it shall be determined by the court.

Relator claiming office.

Notice to defendant.

Nonappearance after service by publication.

-after personal service.

Pleading.

Verdict.

SEC. 1545. VERDICT.-Where the defendant is found by the jury to have usurped or intruded into or unlawfully held or exercised an office or franchise, the verdict shall be that he is guilty of the act or acts in question, and judgment shall be rendered that he be ousted and excluded therefrom and that the relator recover his costs. SEC. 1546. USURPING CORPORATE FRANCHISE.-Where the proceed-Usurping corpoing is against persons acting as a corporation without being legally incorporated, the judgment against the defendants shall be that they be perpetually restrained and enjoined from the commission or continuance of the acts complained of.

rate franchise.

Elections of di

SEC. 1547. ELECTIONS OF DIRECTORS, AND SO FORTH.-Where the proceeding is against a director or trustee of a corporation and the rectors, etc. court finds that at his election either illegal votes were received or legal votes rejected, or both, sufficient to change the result if such error be corrected, judgment may be rendered that the defendant be ousted, and that the relator, if entitled to be declared elected, be admitted to the office, and a mandamus may be issued to the proper parties, being officers or members of said corporation, to admit him to

said office. The said judgment may require the defendant to deliver to the relator all books, papers, and other things in his custody or control pertaining to the said office, and obedience to said judgment may be enforced by attachment.

Action against SEC. 1548. ACTION AGAINST INTRUDER FOR DAMAGES.-At any time intruder for dam- within a year after such judgment the said relator may bring an action against the party ousted and recover the damages sustained by him by reason of such usurpation of the office to which he was entitled.

ages.

Replevin.

Not necessary to

before action, etc.

CHAPTER FIFTY-TWO.

REPLEVIN.

SEC. 1549. WILL LIE FOR WHAT.-In any action of replevin brought demand property to recover any personal property to which the plaintiff is entitled, which may have been wrongfully taken by or may be in the possession of and wrongfully detained by the defendant, it shall not be necessary to demand possession of said property before bringing the action therefor; but in such cases the costs of the action shall be awarded as the court may order.

Declaration.

Affidavit.

Undertaking.

If goods not seized.

Publication

SEC. 1550. DECLARATION.-The declaration in replevin shall be in the following or equivalent form: "The plaintiff sues the defendant for (wrongly taking and detaining) (unjustly detaining) his, said plaintiff's, goods and chattels, to wit: (describe them) of the value of dollars. And the plaintiff claims that the same be taken from the defendant and delivered to him; or, if they are eloigned, that he may have judgment of their said value and all mesne profits and damages, which he estimates at — dollars, besides costs."

SEC. 1551. AFFIDAVIT.-At the time of filing the declaration in replevin, the plaintiff, his agent, or attorney shall file an affidavit stating

First. That, according to affiant's information and belief, the plaintiff is entitled to recover possession of chattels proposed to be replevied, being the same described in the declaration.

Second. That the defendant has seized and detained or detains the

same.

Third. That said chattels were not subject to such seizure or detention and were not taken upon any writ of replevin.

SEC. 1552. UNDERTAKING. The plaintiff shall at the same time enter into an undertaking with surety, approved by the clerk, to abide by and perform the judgment of the court in the premises.

SEC. 1553. IF GOODS NOT SEIZED.-If the officer's return of the writ of replevin be that he has served the defendant with copies of the declaration, notice to plead, and summons, but that he could not get possession of the goods and chattels sued for, the plaintiff may prosecute the action for the value of the same and damages for detention, or he may renew the writ in order to get possession of the goods and chattels themselves.

SEC. 1554. PUBLICATION AGAINST DEFENDANT.-If the officer's return

against defendant. be that he has taken possession of the goods and chattels sued for, but that the defendant is not to be found, the court may order that the defendant appear to the action by some fixed day; and of this order the plaintiff shall cause notice to be given by publication in some newspaper of the District at least three times, the first of which shall be at least twenty days before the day fixed for the defendant's appearance. SEC. 1555. DEFAULT.-If the defendant fails to appear, the court may proceed as in case of default after personal service.

Default.

Pleading.

SEC. 1556. PLEADING.-If the defendant appear he may plead not guilty, in which case all special matters of defense may be given in evidence, or he may plead specially.