Public Law 56–854

—inferior courts.First.

Inferior courts, namely, justices of the peace and the police court; and

—superior courts.Second.

Superior courts, namely, the supreme court of the District of Columbia, the court of appeals of the District of Columbia, and the Supreme Court of the United States.

Appointment.Sec. 3.

Appointment and Qualifications.—There shall be ten justices of the peace in the District, who shall be appointed by the President of the United States, by and with the advice and consent of the Senate, for a term of four years, unless sooner removed as provided

Proviso.

Qualifications.

by law: Provided, That no person shall be appointed to said office unless he shall have been a bona tide resident of said District for the continuous period of at least five years immediately preceding his appointment, and shall either have held the office of justice of the peace in said District for a period of at least two years or shall have been engaged in the actual practice of law before the supreme court of the District for a period of at least five years prior to his appointment. Each of said justices before entering upon the duties of his office shall take an oath for the faithful and impartial performance of the duties of his office, and shall give bond in such form, in such penalty, and with such surety or sureties as may be prescribed by the supreme court of

Subdistricts, division of District into, etc.

the District. And said supreme court shall divide the said District into ten subdistricts and prescribe the place in each subdistrict where the justice thereof shall have his office for the transaction of business, and may change the boundaries of such subdistricts and the localities of the offices of the justices therein from time to time as the volume and convenience of the business may require.

Justice to sit only where office is located.Sec. 4.

Subdistricts.—No justice of the peace shall sit for the trial of causes in any subdistrict other than the one in which his office is

Provisos.

—certain temporary assignments excepted.

situated: Provided, That in case the office of any justice of the peace shall become vacant by death or otherwise, the said supreme court, or any justice thereof, may designate one of the other justices to preside temporarily in that subdistrict until the vacancy shall be tilled: And provided further, That if any justice of the peace shall be disqualified to act by reason of interest, illness, or other cause, any other justice of the peace of the District, on the written request of the justice so disqualified, may preside in his absence, or, if no such written request be made, such justice as may be designated by the said supreme court, or one of the justices thereof, shall preside.

Suits to be brought in subdistrict of resident.Sec. 5.

No resident of the District shall be sued in any subdistrict other than the one in which he resides, and no nonresident of the District having a place of business therein shall be sued in any subdistrict

Proviso.

other than the one in which such place of business is situated: Provided,

—suits against two or more corporations.

That where two or more persons are sued together the suit may be brought in the subdistrict in which any one of the defendants resides. When a corporation is a defendant, its place of business shall be deemed its residence for the purpose of this section, and if it shall have in the District more than one place of business the suit may be brought in the subdistrict in which any one of its places of business is situated.

Should a suit be brought against any party or corporation in any district in which he or it does not reside or hold business, and a plea to the jurisdiction on this account be tiled by said defendant, the party or corporation interposing such plea shall disclose under oath the district in which he or it should have been sued; and the justice, upon sustaining such plea, shall certify the cause for trial to the justice sit-ting in the district where suit should have been instituted; and should no such plea be tiled before trial the justice shall be deemed to have had full jurisdiction. In any suit brought before a justice of the peace the defendant, his agent or attorney, may have the cause removed to the next nearest justice, upon filing an affidavit with the justice issuing the writ, on the return day or day of trial of the action, that he does not believe said justice will give him a fair and impartial trial.

Sec. 6.

Salary. Each of said justices of the peace shall receive an

Salary, etc.

annual salary of three thousand dollars, and the further sum of two hundred and fifty dollars annually for rent, stationery, and other expenses, to be paid monthly by the District of Columbia: and he shall render monthly accounts to the auditor of the District of Columbia of all moneys received by him for fees, and shall pay over such fees to the collector of said District and take his receipt in duplicate therefor, and filo one of them with said auditor and retain the. other in his office, and the money so collected shall be disposed of by said collector as other moneys belonging to the said District are.

Sec. 7.

Jury trials.—Trial by jury before justices of the peace is

Jury trials.

hereby abolished.

Sec. 8.

Rules and fees.—The supreme court of the District of

Supreme court District of Columbia to make rules, etc.

Fees.

Columbia in general term shall make rules regulating the practice and pleading before justices of the peace, and in relation to appeals from their judgments, not inconsistent with law. and may alter and amend the same from time to time, and shall also fix the fees to be charged by said justices of the peace, and alter them from time to time as justice may require: Provided, That in all cases of concurrent jurisdiction

Proviso.

Removal to supreme court District of Columbia, where jurisdiction concurrent.

the defendant may remove the ease for trial into the supreme court of the District by a writ of certiorari (to be awarded by said court or one of the justices thereof upon a petition under oath, the form and substance whereof shall be prescribed by said court).

Sec. 9.

Jurisdiction.—The said justices of the place shall have

Jurisdiction.

jurisdiction in all civil cases in which the amount claimed to be due for debt or damages arising out of contracts, express or implied, or damages for wrongs or injuries to persons or property, does not exceed three hundred dollars, including all proceedings by attachment or in replevin where the amount claimed or the value of the property involved does not exceed said sum, except in cases involving the title to real estate, actions to recover damages for assault or assault and battery, or for malicious prosecution, or actions against justices of the peace or other officers for official misconduct, or actions for slander or libel, or actions on promises to marry; and said jurisdiction shall

—exclusive.

be exclusive when the amount claimed for debt or damages or the value of personal property claimed does not exceed fifty dollars, and

—concurrent.

concurrent with the said supreme court when it exceeds fifty dollars.

Sec. 10.

Trespass.—The said jurisdiction of justices of the peace

—to include trespass, etc.

Proviso.

—qualification.

shall extend to cases of trespass upon or injury to real estate: Provided, That if the defendant shall file with the justice an affidavit that he claims title or acts under a person claiming title to the real estate, setting forth the nature of his title, the. justice shall take no further cognizance of the case.

Sec. 11.

Nonresidents.—Nonresidents shall not commence a suit

Nonresidents to give security for costs.

before a justice of the peace without first giving security for costs.

Sec. 12.

Judgments.—It shall be lawful for any justice of the peace,

Judgments.

in all cases within his jurisdiction, to try. hear, and determine the matter in controversy between the parties upon their allegations and proofs, and to give judgment according to law; and all judgments for money rendered by them shall bear interest from their date until paid or satisfied. unless by the terms of the judgment interest runs from an earlier date.

Replevin.Sec. 13.

Replevin.—A justice of the peace shall have authority to issue a writ of replevin whenever a plaintiff shall tile with him a declaration in replevin, in the following or an equivalent form, to wit:

—form.

“The plaintiff sues the defendant for wrongfully taking and detaining (or wrongfully detaining) his, said plaintiff's, goods and chattels, to wit (here describe them), of the value of. And the plaintiff claims that the same may be taken and delivered to him, or. if they are eloigned, that he may have judgment for their value and all mesne profits and damages, which he estimates at, besides costs.” And at the same time said plaintiff, his agent, or attorney shall tile an affidavit stating, first, that, according to affiant's information and belief, the plaintiff is entitled to recover possession of the chattels described in the declaration: secondly, that the defendant has seized and detains or detains the same: thirdly, that said chattels were not subject to such seizure or detention, and were not taken under any writ of replevin: fourthly, that said chattels are not of the value of more than three hundred dollars: and at the same time the plaintiff shall enter into an undertaking, with surety approved by said justice, submitting to the jurisdiction of the court, to abide by and perform the judgment of said justice’s court or of the supreme court of the District of Columbia.

Officer’s return.Sec. 14.

Officer’s return.—If the officer’s return of the writ of replevin be that he has served the defendant with copies of the declaration. affidavit, 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 goods and damages for the detention, not to exceed in all three hundred dollars, or he may renew the writ, in order to get possession of the goods and chattels themselves.

Publication.Sec. 15.

Publication.—If the officer’s return be that he has taken possession of the goods and chattels sued for, but that the defendant is not to be found, the said justice may order that the defendant appear to the action by some fixed day, and cause notice of such order to be given by publication in some newspaper of said District at least three times, the first publication to be at least twenty days before the day fixed for the defendant's appearance; and if the defendant fails to appear, the court may proceed, as in case of default after personal service, to render judgment for the property in favor of the plaintiff.

Pleas.Sec. 16.

Pleas.—If the defendant appears, he may plead not guilty, in which case all matters of defense may be given in evidence, or he may plead specially.

Marshal to retain property, etc.Sec. 17.

Marshal to retain property.—Property taken by the marshal under a writ of replevin, issued by a justice of the peace, shall be retained by him for three days, exclusive of Sundays and legal holidays, before delivering the same to the plaintiff, in order that the defendant or other persons claiming an interest therein may present objections to the said justice to the sufficiency of the security on the undertaking or the jurisdiction of said justice, and if the said justice shall deem said undertaking insufficient, such property may be directed to be retained by the marshal for a further short time, to be designated by said justice, until an undertaking to be approved by him shall be tiled, in default of which the marshal shall return the property to the person from whom it was taken; or if it shall be made to appear to the said justice that the property is of the value of over three hundred dollars he shall quash the writ of replevin and direct the property to be returned to the party out of whose possession it was taken.

Damages for plain tiff.Sec. 18.

Damages for plaintiff.—Whether the defendant plead and the issue joined be found against him, or his plea be held bad, or he make default after personal service, the plaintiff’s damages shall be the full value of the goods, not to exceed three hundred dollars, if eloigned by the defendant, and damages for the detention thereof, and judgment shall be given accordingly.

Sec. 19.

Judgment for defendant.—If the issue be found for the

Judgment for defendant.

defendant, or the plaintiff shall dismiss or fail to prosecute his suit, the judgment shall be that the goods, if delivered to the plaintiff, be returned to the defendant, with damages for their detention, or. on failure, that the defendant recover from the plaintiff And his surety the damages sustained by him, to be assessed by the justice.

Sec. 20.

Forcible entry and detainer.—Whenever any person

Forcible entry and detainer.

shall forcibly enter and detain any building or inclosed real property, or shall unlawfully, but without force, enter and unlawfully and forcibly detain the same, or whenever any tenant shall unlawfully detain possession of the property leased to him, after his tenancy therein has expired, or any mortgagor or grantor in a mortgage or deed of trust to secure a debt, shall unlawfully detain the possession of the real property conveyed, after a sale thereof under such deed of trust or a foreclosure of the mortgage, or any person claiming under such mortgagor or grantor, after the date of the mortgage or deed of trust, shall so detain the same, or a judgment debtor or any person claiming under him, since the date of the judgment, shall so detain possession of real property, after a sale thereof under an execution issued on such judgment, it shall be lawful for any justice of the peace, on complaint under oath by the person aggrieved by said unlawful detention, to

—issue of summons.

issue a summons to the party complained of to appear and show cause why judgment should not be given against him tor the restitution of the possession.

Sec. 21.

Summons.—The summons shall be served seven days,

—service, etc.

exclusive of Sundays and legal holidays, before the day fixed for the trial of the action. If the defendant has left the District of Columbia, or can not be found, said summons may be served by delivering a copy thereof to the tenant, or by leaving the same with some person above the age of sixteen years residing on or in possession of the premises sought to be recovered, and if no one be in actual possession of said premises, or residing thereon, by posting a copy of said summons on the premises where it may be conveniently read.

Sec. 22.

Judgment.—If upon the trial it appears that the plaintiff

Judgment.

is entitled to the possession of the premises, judgment and execution for the possession shall be awarded in his favor, with costs; if the plaintiff becomes nonsuit or fails to prove his right to the possession, the defendant shall have judgment and execution for his costs.

Sec. 23.

Plea of title.—If upon the trial the defendant pleads

Plea of title.

title to the premises, in himself or in another under whom he claims, setting forth the nature of said title, under oath, and shall enter into an undertaking, with sufficient surety, to be approved by the justice, to pay all intervening damages and costs and reasonable intervening rent for the premises, the justice shall certify the proceedings to the supreme court of the District of Columbia, and the same shall be further continued in said court according to its rules.

Sec. 24.

Judgment not a bar.—A judgment, either before the justice or in the supreme court, upon appeal in this proceeding, shall not be a bar to any after action brought by either party or conclude any question of title between them, where title is not pleaded by the defendant as aforesaid.

Sec. 25.

Witnesses.—Justices of the peace shall have power to

Witnesses.

compel the attendance of witnesses from any part of the District of Columbia by attachment and to punish them for disobedience, as well as to punish anyone for disorder or contempt committed in their presence, by tine not exceeding ten dollars or imprisonment not exceeding ten days.

Nonresident witnesses.Sec. 26.

Nonresident witnesses.—Where the testimony of nonresident witnesses is required by either party the justice may, upon motion

Commission to take testimony of.

designating the names of such witnesses, appoint an examiner to take such testimony, to whom he shall issue a commission: and said testimony shall be taken on written interrogatories and cross-interrogatories, which written interrogatories shall be tiled with said justice at

Proviso.

—when to issue.

least three days before the issue of such commission: Provided, That such commission shall not issue unless the party applying therefor file his affidavit, settingforth that he believes that the testimony of said witnesses is material to the issue in said suit and that the motion is not made for the purpose of delay.

Death of justice.Sec. 27.

Death of justice.—In case of the death of any justice or the expiration of his commission after judgment rendered by him and before execution is issued thereon, any other justice, upon a copy of said judgment being filed with him, may issue execution thereon, which shall be returned to the justice issuing the same.

Satisfaction of judgment.Sec. 28.

Satisfaction of judgment.—No judgment or execution shall be recorded as satisfied without the receipt of the plaintiff or his attorney annexed thereto.

Docketing judgment in supreme court.Sec. 29.

Docketing judgment in supreme court.—After recovering a judgment for twenty dollars or more, exclusive of costs, before a justice of the peace, the judgment creditor may, when execution is returned “No personal property found whereon to levy,” file in the clerk's office of the supreme court of the District a certified copy of said judgment, which shall be docketed in the docket of law causes in said office in the same manner as appeals from justices are there docketed; and when it is docketed the force and effect of the judgment for all purposes shall be the same as to lien and execution as if it had been a judgment of the said supreme court.

Appeal.Sec. 30.

Appeal.—Where the debt or demand or the value of personal property claimed exceeds five dollars, and in Actions for the recovery of possession of real estate, as aforesaid, either party who may think himself aggrieved by the judgment or other final order of a justice of the peace may appeal to the supreme court of the District; such appeal to be prayed within six days after the entering of the judgment.

Undertaking.Sec. 31.

Undertaking.—No appeal shall be allowed unless the appellant, with sufficient surety, approved by the justice, shall enter into an undertaking to satisfy and pay whatever final judgment may be recovered in the appellate court, and agree that such judgment may be entered against principal and sureties. Such undertaking must be given within six days, exclusive of Sundays and legal holidays, after the entry of judgment. And where said undertaking has been given the justice shall immediately file the original papers, and a copy of his docket entries, in the office of the clerk of the supreme court, and notify the appellant thereof.

Practice.Sec. 32.

Practice.—The practice and forms of proceeding in trials before justices and in trials of appeals from justices, so far as not herein directed, shall be governed by the rules of said supreme court.

Claimant of property levied on.Sec. 33.

Claimant of property levied on.—When personal property taken on execution issued by a justice of the peace is claimed by a person other than the defendant therein, or is claimed by the defendant

—notice to marshal of claim.

to be property exempt from execution, and such claimant shall give notice, in writing, to the marshal of his claim, or the defendant shall give notice, in writing, that the property is exempt, the marshal shall notify the plaintiff of such claim ana return said notice to the justice

—trials, etc.

who issued the execution, and a trial of said right of property, or said question of exemption, shall be had before said justice.

Sec. 34.

The case made by such claim shall be entered on the justice’s docket as an action by the claimant or the defendant against the plaintiff and tried in the same manner as other cases before justices of the peace.

Sec. 35.

In ease the property shall appear to belong to the claimant

—judgment for claimant.

or to be exempt from execution, judgment shall be entered against the plaintiff in the execution for costs, and the property levied upon shall be released. If the property shall not appear to belong to the claimant

—against.

or to be exempt, as aforesaid, judgment shall be entered against, said claimant or the defendant, as the case may be. for costs, including additional costs occasioned by the delay in the execution of the writ. An appeal may be taken from the judgment, as in other cases,

—appeal.

provided the same is prayed within four days after the entering of the judgment and an appeal bond is given within six days, exclusive of Sundays and legal holidays, thereafter.

Sec. 36.

In case of an appeal the marshal shall retain the property

—marshal to retain property, etc.

unless the claimant or the defendant in the execution or his agent shall enter into an undertaking, with sufficient surety, to be approved by the justice, for the delivery of such property to the marshal, if the judgment of the court shall be against the party entering into such under-taking; and said undertaking shall be returned to said supreme court, and it may give judgment thereon.

Sec. 37.

Nothing herein contained shall prevent a claimant other

Replevin against officer levying, etc.

than the defendant from bringing an action of replevin against the officer levying upon the property claimed as aforesaid.

Sec. 38.

Docket.—Each justice of the peace is required to keep a

Docket entries.

docket, in which he shall enter from day to day concurrently with the respective proceedings— First. The title of each action. Second. The date of the writ issued and the time of its return, the fact of affidavits being filed, with the name of any affiant. Third. The appearance of the parties. Fourth. The nature of the pleadings in brief. Fifth. The names of witnesses sworn, and at whose request. Sixth. The judgment of the justice and the items of cost. Seventh. The appeal, if one is taken, by which party taken, the undertaking and the time of giving the same. Eighth. The satisfaction of the judgment and the date thereof.

And it shall be his duty to furnish a copy of any judgment rendered

Copy of judgment to be furnished.

by him when required by either party to the action. If he shall omit to keep such docket or be guilty of any other negligence or omission

Penalty for negligence, etc.

whereby the plaintiff, having obtained a judgment before him. shall lose his debt, the justice shall pay and satisfy to the plaintiff the debt, interest, and costs so lost, to be recovered in an action of debt against said justice and his surety or sureties, with any additional interest that may have accrued.

Sec. 39.

Death or resignation.—It is hereby made the duty of

Death or resignation.

every justice of the peace, upon his resignation or removal from office or the expiration of his commission, and that of his executors or administrators in case of his death, to deliver to the clerk of the supreme court of the District all dockets and all original papers in eases not yet closed, which said justice may have had; and any person neglecting to comply with this requirement shall forfeit to the United States the sum of five hundred dollars, to be recovered as other penalties are recovered.

Sec. 40.

Removal from office.—The supreme court of the District

Removal from office,

shall have power to remove justices of the peace from office, after due notice and an opportunity given them to be heard in their defense, for incompetency, habitual drunkenness, corruption, or other misconduct in office.

Sec. 41.

Process, Service of.—The office of constable is hereby

Process, service of.

abolished, and all process issued by a justice of the peace shall be served by the United States marshal for the District of Columbia, or, if he is disqualified, by the coroner, and the fees for such service shall be as prescribed by rule of the supreme court of the District of Columbia. SUPERSEDEAS.

On all judgments rendered by a justice of the peace, except as hereinafter provided, stay of execution may be had upon good and sufficient security being entered by a person who may be at the time the owner of sufficient real property located in the District, above all liabilities and exemptions, to secure the debt, costs, and interest.

In such cases stay of execution shall be entered as follows:

For the sum of five dollars, and not exceeding twenty dollars, one month.

For all sums over twenty dollars, and not exceeding forty dollars, two months.

For all sums over forty dollars, and not exceeding seventy-five dollars, four months.

For all sums exceeding seventy-five dollars, six months.

There shall be no stay of execution on any judgment for the wages of a servant or common laborer, nor upon any judgment for a less sum than five dollars.

Constitution.Sec. 42.

Constitution.—There shall continue to be a police court in the District, as at present, consisting of two judges learned in the law, appointed by the President, by and with the advice and consent of the Senate, for the term of six years, who shall each receive a salary

Powers of judges, oath, etc.

of three thousand dollars per annum. The said judges shall hold separate sessions and may carry on the business of said court separately and simultaneously, and are empowered to make rules for the apportionment of the business between them, and the acts of each of the said judges respecting the business of said court shall be deemed and taken to be the acts of the said court. Each judge, when appointed, shall take the oath prescribed for judges of the courts of the United States.

Jurisdiction.Sec. 43.

Jurisdiction.—The said court shall have original jurisdiction concurrently with the supreme court of the District, except where otherwise expressly herein provided, of all crimes and offenses committed in the said District not capital or otherwise infamous and not punishable by imprisonment in the penitentiary, except libel, conspiracy, and violation of the post-office and pension laws of the United States; and also of all offenses against municipal ordinances and regulations in force in the District of Columbia. The said court shall also have power to examine and commit or hold to bail, either for trial or further examination, in all cases, whether cognizable therein or in the supreme court of the District.

informations.Sec. 44.

That prosecutions in the police court shall be on

Trial by jury.

information by the proper prosecuting officer. In all prosecutions within the jurisdiction of said court in which, according to the Constitution of the United States, the accused would be entitled to a jury trial, the trial shall be by jury. unless the accused shall in open court expressly waive such trial by jury and request to be tried by the judge, in which case the. trial shall be by such judge, and the judgment and sentence shall have the same force and effect in all respects as if the same had been entered and pronounced upon the verdict of a jury.

—by the court.

In all cases where the accused would not by force of the Constitu tion of the United States be entitled to a trial by jury, the trial shall be by the court without a jury, unless in such of said last-named cases wherein the fine, or penalty may be fifty dollars or more, or imprisonment as punishment for the offense may be thirty days or more, the accused shall demand a trial by jury, in which case the trial shall be by jury. In all cases where the said court shall impose a fine it may, in default of the payment of the fine imposed, commit the defendant for such a term as the court thinks right and proper, not to exceed one year.

Sec. 45.

Jury.—The jury for service in said court shall consist of

Jury.

twelve men, who shall have the legal qualifications necessary for jurors in the supreme court of the District, and shall receive a like compensation

—qualifications, etc.

for their services, and such jurors shall be drawn and selected under and in pursuance of the laws concerning the drawing and selection of jurors for service in said court. The term of service of jurors

—term of service.

drawn for service in said police court shall be for three successive monthly terms of said court and. in any case on trial at the expiration of such time, until a verdict shall have been rendered or the jury shall be discharged. The said jury terms shall begin on the first Monday in January, the first Monday in April, the first Monday in July, and the first Monday in October of each year, and shall terminate, subject to the foregoing provisions, on the last Saturday of each of said jury terms. When at any term of said court it shall happen that in a pending trial no verdict shall be found, nor the jury otherwise discharged before the next succeeding term of the court, the court shall proceed with the trial by the same jury, as if said term had not commenced.

Sec. 46.

At least ten days before the term of service of said jurors

Drawing of names, etc.

shall begin, as herein provided for, such jurors shall be drawn as herein-before directed, and at least twenty-six names so drawn shall be certified by the clerk of the supreme court of said District to the said police court for service as jurors for the then ensuing term. Deficiencies in any panel of any such jury may be filled according to the law applicable to jurors in said supreme court, and for this purpose either judge of said police court shall possess all the powers of a judge of said supreme court and of said court sitting as a special term. No person

Eligibility.

shall be eligible for service on a jury in said police court for more that one jury term in any period of twelve consecutive months, but no verdict shall be set aside on such ground unless objection shall be made before the trial begins. Service on such jury shall not render any person exempt, ineligible, or disqualified for service as a juror in said supreme court, except during his term of actual service in said police court. The marshal of said District, by himself or deputy, shall have

Marshal to have charge of jury.

charge of said jury, and may appoint a deputy for that purpose, who shall be paid three dollars a day while so employed.

Sec. 47.

Judgment to be final.—In all cases tried before said

Judgment to be final.

court the judgment of the court shall be final, except as hereinafter provided.

Sec. 48.

Powers.—The said court shall have power to issue process

Powers.

for the arrest of persons against whom information may be filed or complaint under oath made and to compel the attendance of witnesses; to punish contempts by tine not exceeding twenty dollars and imprisonment for not more than forty-eight hours, or either, and to enforce any of its judgments by fine or imprisonment, or both, and to make such rules and regulations as may be deemed necessary and proper for conducting business in said court. In all cases where the said court shall impose a fine it may, in default of the payment of the fine imposed, commit the defendant for such a term as the court thinks right and proper, not to exceed one year.

That every person charged with an offense triable in the police

Security for appearance for trial.

court of the District of Columbia may give security for his appearance

—bond.

for trial or for further hearing, either by giving bond to the

—moneys.

satisfaction of the court or by depositing money as collateral security with the appropriate officer at the said police court or the station keeper of the police precinct within which such person may be apprehended. And whenever any sum of money shall be deposited as collateral security as hereby provided it shall remain, in contemplation of law. the property

—property in when forfeited.

of the person depositing it, until duly forfeited by the court; and when forfeited it shall be, in contemplation of law, the property of the United States of America or of the District of Columbia, according as the charge against the person depositing it is instituted on behalf of the said United States or of the said District; and every person receiving any sum of money deposited as hereby provided shall be deemed in law the agent of the person depositing the same or of the said United States

—penalty for conversion.

or the said District, as the case may be, for all purposes of

—in tines.

properly preserving and accounting for such money. And all tines payable and paid under judgment of the said police court shall, upon their payment, immediately become, in contemplation of law. the property of the said United States or the said District, according to the charge upon which such tine may be adjudged: and the person receiving any such tine shall be deemed in law the agent of the said United States or the said District as aforesaid, as the case may be; and any person, being an agent as hereinbefore contemplated and defined, who shall wrongfully convert to his own use any money received by him as hereinbefore provided shall be deemed guilty of embezzlement, and upon conviction thereof be punished by a fine not exceeding five thousand

Proviso.

Rights of Washington Humane Society et al, to fines unaffected.

dollars or by imprisonment not exceeding five years, or both: Provided, That nothing herein contained shall affect the ultimate rights under existing law of the Washington Humane Society, or the policemen’s fund (by whatever name the same may be called or known), or the fire-men’s relief fund, of the District of Columbia, in or to any fines or forfeitures paid and collected in the said police court.

Seal.Sec. 49.

Seal.—The said court shall have a seal, and each of the judges shall have power to take the acknowledgment of deeds and to administer oaths and affirmations to public officers.

Terms.Sec. 50.

Terms.—The said court shall hold a term on the first Mon-day of every month, and continue the same from day to day as long as it may be necessary for the transaction of its business.

Disability of judgeSec. 51.

Disability of judge.—In cases of sickness, absence, or disability of either of the judges of said court, any one of the justices of the supreme court aforesaid may designate one of the justices of the peace to discharge the duties of said police judge until such disability be removed. The justice so designated shall take the same oath prescribed for the judge of the police court, and shall receive the sum of ten dollars per day for the time that he shall serve, to be paid in the same manner as the salary of the judge of the police court.

Clerk.Sec. 52.

Clerk.—The court shall have power to appoint a clerk, at a salary of two thousand dollars per annum, who shall hold his office at the pleasure of the court, and he shall give bond with surety and take the oath of office prescribed by law for clerks of the district courts of the United States, and said clerk shall charge no fee for any service rendered by him.

Deputies.Sec. 53.

Deputies. The said clerk may appoint four deputies, with the approval of the court, if the business of the court requires it. to be paid, each, such compensation as may be allowed by the court, not exceeding one thousand five hundred dollars per annum as to two of such deputies and twelve hundred dollars as to the other two.

Clerk, etc., may administer oaths.Sec. 54.

The said clerk and deputy clerks shall have power to administer oaths and affirmations.

Bailiffs.Sec. 55.

Bailiffs and other officers.—The said court may appoint not exceeding three bailiffs, who shall receive for their services nine hundred and thirty-nine dollars each per annum, on the certificate of service by the court. Said bailiffs may act as deputies to the marshal for service of process issued by the court. The said court may also appoint a doorkeeper at a salary of five hundred and forty dollars per annum, an engineer at a salary of nine hundred dollars per annum, and a janitor at a salary of four hundred and fifty dollars per annum.

Sec. 56.

Salaries, how paid.—The salaries of the judges, clerk,

Salaries, how paid.

deputy clerks, bailiffs, deputy marshal, doorkeeper, engineer, and janitor of the said court shall be paid as other salaries of the District of Columbia, from appropriations made by Congress as provided in the Act of June eleventh, eighteen hundred and seventy-eight.

Sec. 57.

Executions and forfeited recognizances.—The said

Executions and forfeited recognizances.

court shall have power to issue execution on all forfeited recognizances. upon motion of the proper prosecuting officer, and all writs of fieri facias or other writs of execution on judgments issued by said court shall be directed to and executed by the marshal of the District.

Sec. 58.

Fines to be paid to the clerk of the police court: All fines,

Application of moneys collected.

penalties, costs and forfeitures imposed or taxed by the police court shall be paid to the clerk of said court, either with or without process or on process ordered by the court. The clerk of the police court shall, on the first secular day of each week, deposit with the collector of taxes the total amount of all fines, penalties, costs and forfeitures collected by him during the week next preceding the date of such deposit, to be covered into the Treasury to the credit of the District of Columbia, subject to the requirements of the provision of the Act of June

Vol. 29, p. 404.

eleventh, eighteen hundred and ninety-six. to meet any deficiency in the police fund or the firemen’s relief fund. The said clerk shall render an itemized statement of each deposit aforesaid upon such forms and in such manner as shall be prescribed by the auditor of the District of Columbia.

Sec. 59.

Accounts, how audited.—It shall be the duty of the

Accounts, how audited

auditor of the District of Columbia, and he is hereby required, to audit the accounts of the clerk of the police court at the end of every quarter and to make prompt report thereof in writing to the Commissioners of the District of Columbia. In order to enable the auditor of the District to perform the duty hereby imposed upon him. he shall have free access to all books, papers, and records of the said court.

Sec. 60.

Constitution.—The supreme court of the District shall

Constitution.

continue as at present constituted, and consist of a chief justice and five associate justices, appointed by the President of the United States, by and with the advice and consent of the Senate, and holding their offices during good behavior. The chief justice and each associate

Salaries.

justice shall receive a salary of five thousand dollars per annum, which amounts shall be paid in monthly installments, out of the Treasury of the United States, and one-half thereof shall be charged against the revenues of the District of Columbia.

Sec. 61.

Jurisdiction.—The said court shall possess the same powers

Jurisdiction.

and exercise the same jurisdiction as the circuit and district courts of the United States, and shall be deemed a court of the United States, and shall also have and exercise all the jurisdiction possessed and exercised by the supreme court of the District of Columbia at the date of the passage of this code.

Sec. 62.

Powers of justices.—The justices of said court, in addition

Powers of justices.

to the powers and jurisdiction possessed and exercised by them as such, shall severally possess the powers and exercise the jurisdiction pos sessed and exercised by the judges of the circuit and district courts of the United States.

Terms, —general.Sec. 63.

Terms.—The said court shall hold a general term and special terms. The general term shall be held by at least three justices and each special term by a single justice.

—special.Sec. 64.

The special terms of said court shall be known, respectively, as the circuit court, the equity court, the criminal court, the probate court, and the district court of the United States.

Powers of court in general term.Sec. 65.

The general term of said court shall be open at all times for the transaction of business; and said court, by orders passed in general term, may regulate the periods of holding the special terms, fix the number of said terms, and alter the same from time to time, as public convenience may require; may direct as many terms of any of the special terms to be held at the same time as the public business may make necessary; may assign the several justices, from time to time, to the respective special terms; may provide by rule of court for the transfer from time to time, as the occasion shall require, of a jury summoned to any one special term to any other special term having cognizance of jury trials, and for the filling of vacancies arising in such transferred jury; may establish rides of practice in said special terms not inconsistent with the laws of the United States; may appoint a clerk, an auditor, a crier, and a messenger for each court in special term, and all other officers of the court necessary for the due administration of justice, with the exception of all officers and employees in any manner connected with the probate term, and also United States commissioners; may hear charges of misconduct against any justice of the peace, and remove them from office for cause shown; may admit persons to the bar of said court and dismiss them from the same, and may pass all other orders not inconsistent with existing laws which may be necessary to the effective administration of justice in said court, but said court shall not hear any cause in general term.

Acts of special terms deemed acts of supreme court.Sec. 66.

All causes in said court shall be heard and determined in special term. And the several terms are declared to be terms of the supreme court, and the judgments, decrees, sentences, orders, proceedings, and acts of said several terms shall be deemed judgments, decrees, sentences, orders, proceedings, and acts of the supreme court.

Certification of cause from one justice to another for trial.Sec. 67.

By mutual consent and arrangement between justices, civil causes may be certified by any justice holding a circuit court to any justice holding a criminal court for trial in the latter; and, by similar arrangement, any cause may be certified by any justice to another justice, to be heard or tried by the latter, except that a criminal case can only be certified for trial from one criminal court to another criminal court. In the absence of any justice assigned to a special term, such special term may be presided over and its business conducted by any other justice.

Writs.Sec. 68.

Writs.—The said supreme court may, in its appropriate special terms, issue writs of quo warranto, mandamus, prohibition, scire facias, certiorari, injunction, prohibitory and mandatory, he exeat, and all other writs known in common law and equity practice that may be necessary to the effective exercise of its jurisdiction. Any justice of said court may issue writs of habeas corpus, to inquire into the cause of detention or to discharge on giving bail.

Circuit court.Sec. 69.

Circuit court.—All common-law civil causes shall be tried and determined in the circuit court, except as herein provided.

Trial by court.Sec. 70.

Trial by court.—Issues of fact in civil causes may be tried and determined by the court without the intervention of a jury whenever the parties or their attorneys of record file with the clerk a stipulation in writing waiving a jury. The finding of the court upon the facts, which may be either general or special, shall have the same effect as the verdict of a jury.

Sec. 71.

In such case an exception may be taken to any ruling of

—exceptions.

the court during the hearing and to such finding on the ground that the evidence was insufficient in law to justify it. and may be stated in a bill of exceptions as in case of a jury trial.

Sec. 72.

Special panel.—In all cases called for trial in said court

Special panel.

in which either party shall desire a struck jury the clerk shall prepare, a list of twenty jurors from the jurors in attendance and furnish the same to each of the parties, and it shall be lawful for each party or his counsel to strike off four persons from said list, and the remaining persons shall thereupon be impaneled and sworn as the petit jury in said cause; and if either party or his counsel shall neglect or refuse to strike off from said list the number of persons hereby directed, the clerk may strike off such names, and the remaining twelve jurors shall be sworn and impaneled as aforesaid. Or. instead of the proceeding aforesaid, if it shall not be insisted upon by either party, it shall be lawful for either party to furnish to the clerk a list of the jurors, not exceeding four in number, whom he wishes to be omitted from the panel sworn in the cause, and the clerk in making up said panel shall omit the jurors objected to as aforesaid: Provided, That nothing herein

Proviso.

—right to challenge array or polls unaffected.

contained shall be construed to take away the right of any person to challenge the array or polls of any panel returned, according to existing law.

Sec. 73.

Bill of exceptions.—If. upon a trial of a cause before a

Bill of exceptions.

jury, an exception be taken, it may be reduced to writing at the time, or it may be entered on the minutes of the justice and afterwards settled in such a manner as may be provided by the rules of the court and stated in a bill of exceptions, with so much of the substance of the evidence as may be material to the questions to be raised, and such bill of exceptions need not be sealed, and shall be considered a part of the record in case of an appeal from the tinal judgment rendered in the case.

Sec. 74.

Appeals from justices of the peace.—All appeals from

Appeals from justices of the peace.

—where heard.

Docketing cause by appellant.

a justice of the peace shall be heard and determined in the circuit court.

Sec. 75.

In every case of an appeal from a justice of the peace, as soon as the appellant shall have made the deposit for costs required by law, or the rules of the supreme court, or obtained leave from one of the justices or from the court to prosecute his appeal without a deposit, the clerk shall docket the cause, according to its title, for trial before the justice in the said circuit court, and shall issue a summons for the appellee to appear in said court on or before the tenth day. exclusive of Sundays and legal holidays, after the service of said summons.

Sec. 76.

If the appellant shall fail to prosecute his appeal by making

—by appellee.

the deposit or obtaining the leave aforesaid within ten days after the approval of the appeal bond, the appellee may, upon making the deposit for costs, have the case docketed and move for affirmance of the judgment of the justice, or he may have a trial of the case upon its merits.

Sec. 77.

If the first summons for the appellee be returned “not to

Summons.

be found,” a second summons of the same kind and tenor shall be issued.

Sec. 78.

If the appellee shall appear, in obedience to either summons,

Appearance of appellee.

the case shall stand for trial in such order as the rules of said supreme court shall direct.

Sec. 79.

If the appellee shall fail to appear, although duly summoned,

—failure to appear.

or two successive writs of summons shall be returned “not to be found.” and the appellee shall not appear, the case may then be heard and determined as if he had regularly appeared.

Sec. 80.

On such appeal the circuit court shall, in a summary way,

Hearing de novo on appeal.

hear the case de novo upon the proofs and allegations of the parties, and determine the same according to law and the equity and right of the matter; but either party may demand a trial by jury.

Dismissal of appeal because not prayed to term next after judgment, etc.Sec. 81.

No appeal from the judgment of any justice of the peace to the supreme court shall be dismissed because the same had not been prayed to the term next after the rendition of such judgment, unless the court shall be satisfied that the defendant had notice of such judgment at least ten days before the sitting of court.

No further appeal, etc.Sec. 82.

In no ease appealed from a justice of the peace shall there be any further appeal from the judgment of the circuit court.

Criminal court.Sec. 83.

The criminal court.—The trial of crimes and misdemeanors committed in the District of Columbia shall be in the supreme court of the District of Columbia holding a special term as a criminal court, except such misdemeanors as are within the jurisdicton of the police court, as to which said court shall have concurrent jurisdiction

Exceptions.

with said police court. In all trials in said special term exceptions may be taken by the accused to the rulings of the presiding justice and presented in bills of exceptions in the same manner as in the trial of civil cases, subject to provisions herein elsewhere contained.

District court.Sec. 84.

The district court.—The said district court shall have and exercise the same powers and jurisdiction as the other district courts of the United States, and such further special jurisdiction as may from time to time be conferred by Congress, and of all proceedings instituted in exercise of the right of eminent domain.

Equity court.Sec. 85.

Equity court. The equity court shall have jurisdiction of all causes heretofore cognizable in equity and of all petitions for divorce, except where the relief sought is hereby authorized to be given by the probate court only, and shall have the special powers hereinafter provided. And the practice in said court shall be according to the established course of equity and procedure and the rules established by the said supreme court of the District not inconsistent with law.

Dower.Sec. 86.

Dower.—Whenever any person or persons shall hold real estate, by descent or purchase, in the whole of which a widow is entitled to dower, either the widow or any person entitled to said property or an undivided share therein may apply to said court to have the widow’s dower therein assigned; and thereupon the court shall appoint three commissioners to lay off and assign said dower, if practicable, the report of said commissioners to be subject to ratification by the court. In all eases of partition between two or more joint tenants or tenants in common of real estate, in the whole of which a widow is entitled to dower, the said dower shall be laid off and assigned, in like manner, before said partition shall be decreed. When an estate of which a woman is dowable is entire, and the dower can not be set off thereout by metes and bounds, it may be assigned by the court as of a third part of the net rents, issues, and profits thereof.

Widow of tenant in common, etc.Sec. 87.

Whenever the widow of any tenant in common of real estate shall be entitled to dower in his undivided share of said property, and a partition shall be decreed between his heirs or devisees and the other tenants in common, the said dower shall attach to and may, in like manner, be assigned and laid out in the shares assigned in severalty to the said heirs or devisees, and the shares of the other tenants in

common shall be assigned to them, respectively, in severalty, free from such dower.

Right of wife to attach on partition, etc.Sec. 88.

Whenever an application is made to the court to decree a partition of real estate between tenants in common, it shall not be necessary to make the wife of any of such persons a party to the proceedings. but her right of dower shall attach to whatever part of such property may be assigned in severalty to her husband, and the other parts thereof shall be assigned free of said right of dower.

Assignment of dower on sale of land without widow’s consent. etc.Sec. 89.

Whenever a decree is rendered for the sale of land, in the whole of which a widow is entitled to dower, if she will not consent to a sale of the same free of her dower, the court may, if it appears advantageous to the parties, cause her dower to be laid off and assigned as aforesaid. If she will consent in writing to the sale of the property free from her dower, the court shall order the same to be sold free of her dower, and shall allow her. in commutation of her dower, such portion of the net proceeds of sale as may be just and equitable, not exceeding one-sixth nor less than one-twentieth, according to the age, health, and condition of the widow.

Sec. 90.

Whenever real property is decreed to be sold for the purpose

Division of proceeds of sale between tenants in common, etc.

of division of the proceeds between tenants in common because the said property is incapable of being divided between them in specie, the court may decree a sale of the property free and discharged from any right of dower by the wife of any of the parties in his undivided share.

Sec. 91.

Infants and persons non compos mentis.—If any infant

Infants and persons non compos mentis.

or person non compos mentis be entitled to any real or personal estate in the District which shall be liable to any mortgage, trust, or lien, or in any way charged with the payment of money, the court shall have the same power to decree in such case as if the infant were of full age or such person non compos mentis were of sound mind.

Sec. 92.

Where an infant or person non compos mentis is entitled

—power of court to decree.

to any real or personal estate in the District bound by any executory contract entered into by the person or persons from whom said infant or person non compos mentis has derived title, or where an infant or person non compos mentis claims any right or interest in such property under and in virtue of any such contract, the court in either case shall have the same power to decree the execution of such contract or to pass any just and proper decree that the court would have if the parties were of full age and sound mind.

Sec. 93.

Partition.—The court may decree a partition of any lands,

Partition.

tenements, or hereditaments on the bill or petition of any tenant in common, claiming by descent or purchase, or of any joint tenant, or coparcener who was such at the date of this code; or if it appear that

—sale.

said lands, tenements, or hereditaments can not be divided without loss or injury to the parties interested, the court may decree a sale thereof and a division of the money arising from such sale among the parties, according to their respective rights; and this section shall apply to cases

—scope of section.

where all the parties are of full age, to cases where all the parties are infants, to cases where some of the parties are of full age and some infants, to cases where some or all of the parties are non compos mentis, and to eases where all or any of the parties are nonresidents: and any

Who may file bill.

party, whether of full age, infant, or non compos mentis, may tile a bill under this section, an infant by his guardian or prochein and and a person non compos mentis by his committee: and if any contract has

Contracts for sale of property held jointly with infants, etc.

been made for the sale of the lauds, tenements, or hereditaments by any person or persons interested therein jointly or in common with any infant, idiot, or person non compos mentis, for and in behalf of all the persons so interested, which the court, upon a hearing and examination of all the circumstances, shall consider to be for the interest and advantage both of such infant, idiot, or person non compos mentis and of the other person or persons interested therein to be confirmed, the court may confirm such contract and order a deed to be executed according to the same; and all sales and deeds made in pursuance of such order shall be sufficient in law to transfer the estate and interest of such infant, idiot, or person non compos mentis in such lands, tenements, or hereditaments: Provided, That if the parties entitled as

Proviso.

Heirs at law unable to agree on partition, etc.

heirs at law to the real estate of an intestate can not agree upon a Eartition thereof, or any of said parties be a minor, or the courts shall be of opinion that said estate can not be divided without loss or injury to the parties interested, before any sale shall be made thereof, the oldest son, child, or person entitled, if of age, shall have the election to take the whole estate and pay to the others their just proportions of the value in money; and if the oldest child or person entitled refuses to take the estate and pay to the others money for their proportions, then the next oldest child or person entitled, being of age. shall have the same election, and so on to the youngest child or person entitled: and if all refuse, then the property shall be sold as

Accountability for rents, etc., by tenant having possession of property.

aforesaid: and in every case of partition any tenant in common who may have received the rents and profits of the property to his own use or may have had the exclusive possession and enjoyment of the property may be required to account to his cotenants for their respective shares of said rents and profits, or. as the case may be. for the value of the use and occupation of their undivided shares of the property; and any amounts found due on said accounting may he charged against the share of the party owing the same in the property or its proceeds in case of sale.

Trustee to sell.Sec. 94.

Trustee to sell.—If any person shall die having devised real estate to be sold for the payment of debts or other purposes without having appointed a trustee to sell or convey the property, or if the person so appointed shall neglect or refuse to execute the trust, or shall die before the execution of such trust, the said court shall have authority, on the application of any person interested, to appoint a trustee to sell and convey said property and apply the proceeds of sale

Bond of trustee.

to the purposes intended. And in all cases where a trustee shall be appointed by last will and testament to execute any trust, and any person interested in the execution of such trust shall make it appear that it is necessary for the safety of those interested therein that the trustee should give bond and security for the due execution of the trust, the said court may order and direct that such bond be given by the trustee by a day named, and on failure of the trustee to give such bond, with security to be approved by the court as directed, the court may displace such trustee and appoint another in his stead, who shall give such bond; and such bond shall be given to the United States and may be sued on for the use of any person interested.

Mortgages.—court may decree sale and that proceeds be brought into court, etc.Sec. 95.

Mortgages.—In all cases of application to said court to foreclose any mortgage or deed of trust, the said court shall have authority, instead of decreeing that the mortgagor be foreclosed and barred from redeeming the mortgaged property, to order and decree that said property be sold and the proceeds be brought into court to

—where proceeds insufficient decree in personam for residue of debt.

be applied to the payment of the debt secured by said mortgage; and if, upon a sale of the whole mortgaged property, the net proceeds shall be insufficient to pay the mortgage debt, the court may enter a decree in personam against the mortgagor or other party to the suit who is liable for the payment of the mortgage debt for the residue of said debt remaining unsatisfied after applying to said debt the proceeds

Proviso.

—qualification.

of such sale: Provided, That the complainant would be entitled to maintain an action at law or suit in equity for said residue; which decree shall have the same effect and be enforced by execution in the

—to apply also to enforce vendor's lien

same manner as a judgment at law. And in suits to enforce a vendor’s lien on real estate for unpaid purchase money similar relief may be given by a decree of sale and a decree in personam for the unsatisfied residue of the purchase money due.

Debts of a decedent —sale of real estate to pay, etc.Sec. 96.

Debts of a decedent.—When any person shall die leaving any real estate in possession, remainder, or reversion, and not leaving personal estate sufficient to pay his debts, the said court, on any suit instituted by any of his creditors, may decree that all the real estate left by such person, or so much thereof as may be necessary, shall he sold to pay his debts; and this section shall apply to eases where the heirs or devisees are residents or nonresidents, are of full age or infants, are of sound mind or non compos mentis, and also to cases where the deceased left no heirs or it is not known whether he left heirs or devisees or the heirs or devisees be unknown: and if Accountability for rents, etc., by tenant having possession of property. there be no known heirs the attorney of the United States for the District of Columbia shall be notified of said suit and appear thereto.

Sec. 97.

Sale of contingent interests.—Where real estate is limited

Sale of contingent interests.

to one or more for life, with a contingent limitation over to such issue of one or more of the tenants for life as shall be living at the death of their parent or parents, and the deed or will does not prohibit a sale, said court may, on the application of the tenants for life, and if the court shall be of opinion that it is expedient to do so, order a sale of such estate and decree to the purchaser an absolute and complete title in fee simple.

Sec. 98.

Any application for such sale shall be by bill, verified by

—procedure.

the oath of the party or parties, in which all the facts shall be distinctly set forth upon the existence of which it is claimed that such sale should be decreed, which facts shall be proved by competent testimony. All of the issue embraced in the limitation who are in existence at the time of the application shall be made parties defendant, together with all who would take the estate in case the limitation over should never vest; and minors of the age of fourteen years or more shall answer in proper person under oath, as well as by guardian ad litem, and all evidence shall be taken upon notice to the parties and the guardian ad litem.

Sec. 99.

The proceeds of sale of said real estate shall be held under

—disposition of proceeds.

the control and subject to the order of the court, and shall be invested under its order and supervision upon real and personal security, and the same shall, to all intents and purposes, be deemed real estate and stand in the place of the real estate from the sale of which they are derived, and as such be subject to the limitations of the deed or will.

Sec. 100.

Wherever one or more persons shall be entitled to an

Decree of sale and investment of proceeds for benefit or all parties in limited, etc., estates.

estate for life or years, or a base or qualified fee simple, or any other limited or conditional estate in lands, and any other person or persons shall be entitled to a remainder or remainders, vested or contingent, or an interest by way of executory devise in the same lands, on application of any of the parties in interest the court may, if all the parties in being are made parties to the proceeding, decree a sale or lease of the property, if it shall appear to be to the interest of all concerned, and shall direct the investment of the proceeds so as to inure in like manner as provided by the original grant to the use of the same parties who would be entitled to the land sold or leased; and all such decrees, if all the persons are parties who would be entitled if the contingency had happened at the date of the decree, shall bind all persons, whether in being or not, who claim or may claim any interest in said land under any of the parties to said decree, or under any person from whom any of the parties to such decree claim, or from or under or by the original deed or will by which such particular, limited, or conditional estate, with remainders or executory devises, were created.

Sec. 101.

When decree shall have effect of conveyance.—

When decree shall have effect of conveyance.

In all cases where a decree shall be made for a conveyance, release, or acquittance, and the party against whom such decree shall pass shall neglect or refuse to comply therewith, such decree shall stand, be considered and taken, in all courts of law and equity, to have the same operation and effect as if the conveyance, release, or acquittance had been executed conformably to such decree.

Sec. 102.

Process against infants.—Whenever an infant is a

Process against infants.

party defendant in any equity suit, the subpoena issued in said suit shall be served upon him personally, if within the District, and said infant shall be produced in court unless, for cause shown, the court shall dispense with his appearance, and a guardian ad litem shall be appointed to answer the bill and defend the suit for him. the said infant having the right to select his guardian ad litem if of the age of fourteen years or older.

Secreting infant.Sec. 103.

If any person shall secrete an infant against whom process has issued, so as to prevent the service of such process, or shall prevent his appearance in court as aforesaid, such person shall be liable to attachment and punishment as for contempt; or if any infant shall secrete himself or evade the service of process, he may be proceeded against as if he were a nonresident.

Persons non compos mentis.Sec. 104.

Persons non compos mentis.—If a person non compos mentis be a party defendant in any equity suit, the subpoena shall be served upon him. if within the District, and upon his committee, if there be one within the District, and if there be no such committee and the court shall be satisfied as to the condition of said party, it may appoint a guardian ad litem to answer and defend for him.

Nonresidents.Substituting publication for personal service.Sec. 105.

Nonresidents.—Publication may be substituted for personal service of process upon any defendant who can not be found and who is shown by affidavit to be a nonresident, or to have been absent from the District for at least six months, or against the unknown heirs or devisees of deceased persons, in suits for partition, divorce, by attachment, foreclosure of mortgages and deeds of trust, the establishment of title to real estate by possession, the enforcement of mechanics’ liens, and all other liens against real or personal property within the District, and in all actions at law and in equity which have for their immediate object the enforcement or establishment of any lawful right, claim, or demand to or against any real or personal property within the jurisdiction of the court.

—when allowed.Sec. 106.

No order for the substitution of publication for personal service shall be made until a summons for the defendant shall have been issued and returned “Not to be found,” and the nonresidence of the defendant or his absence for at least six months shall be proved by affidavit to the satisfaction of the court.

Order of publication.Sec. 107.

The order of publication shall be in the following or an equivalent form:

Publication.Sec. 108.

Every such order shall be published at least once a week for three successive weeks, or oftener, or for such further time as may

—mailing copy to party.

be specially ordered; and no order or decree shall be passed against said absent or nonresident defendant upon proof of notice by such publication unless the complainant, plaintiff, his agent, or solicitor or attorney shall tile in the cause an affidavit showing that at least twenty days before applying for such order or decree be mailed, postpaid, a copy of said advertisement, directed to the party therein ordered to appear, at his last known place of residence, or that he has been unable to ascertain the last place of residence of said party after diligent effort to

Judgment by default

ascertain the same. On failure of the defendant to appear in obedience to said notice within the time named therein, a decree or

Proviso.

Where defendant an infant.

judgment by default may be entered at the next rule day thereafter: Provided, That if the said absent or nonresident defendant be an infant, the court shall appoint a guardian as litem to answer and defend for him.

Sec. 109.

If the court shall be satisfied that said absent or nonresident

—or non compos mentis.

defendant is non compos mentis, notice may be given to him by publication as aforesaid, and upon his failure to appear such decree or judgment may be passed as the circumstances of the case may require: Provided. That no decree or judgment shall be passed unless the case

Proviso.

—case to be fully proved: attorney to represent, etc.

is fully proved; and the court shall assign a solicitor or attorney to represent such nonresident defendant, and such solicitor or attorney shall be paid by the complainant or out of the estate of the defendant, at the discretion of the court.

Sec. 110.

Unknown heirs.—Upon allegation under oath, and proof

Unknown heirs.

satisfactory to the court, that it is unknown whether one who, if living, would be a proper party to any judicial proceeding is living or dead, such party may be proceeded against as if he were living, and with like effect, provided no representative of or claimant under such person shall intervene in the suit before final determination thereof, after notice by publication as in the ease of nonresident parties. If such person be dead, and it is unknown whether he died testate

—where dead.

or left heirs, or his heirs and devisees be unknown, such unknown persons may be described as the heirs or devisees of the person who, if living, would be the proper party, and notice shall be given by publication to such persons according to such description, and the same

—proceedings, etc.

proceedings shall be had against them as are had against nonresident defendants, except that said notice shall be published at least twice a month for such period as the court may order, which period shall not be less than three months without good cause shown, and which notice shall require said parties to appear on or before the first rule day occurring after the expiration of such prescribed period, and no decree shall be passed against said parties unless the court shall be satisfied that due diligence has been used to ascertain such unknown heirs.

Sec. 111.

Adverse possession.—When title to any real estate in

Adverse possession.

Perfection of title.

the District of Columbia shall have become vested in any person or persons by adverse possession, the holder thereof may file a bill in the supreme court of the District of Columbia to have such title perfected, in which bill it shall be sufficient to allege that the complainant holds the title to such real estate, and that the same has vested in him, or in himself and in those under whom he. claims, by adverse possession; and in such action it shall not be necessary to make any person a party defendant except such persons as may appear to have a claim or title adverse to that of the plaintiff. Upon the trial of such cause, proof of the facts showing title in the plaintiff by adverse possession shall entitle him to a decree of the court declaring his title by adverse possession, and a copy of such decree may be entered of record in the office, of the recorder of deeds for said District. In any such action if process shall be returned not to be found, notice by publication may be substituted as in case of nonresident defendants. If in any case it shall be unknown whether one who, if living, would be an adverse party is living or dead, or in the case of a decedent, whether he died testate or left heirs, or his heirs or devisees are unknown, the cause may be proceeded with under the provisions of section one hundred and nine: Provided, That the rights of infants or others under legal disability

Provisos.

—preservation of rights of infants.

—limit of time.

shall be saved for a period of two years after the removal of their disabilities: Provided, however, That the entire period during which such rights shall be preserved shall not exceed twenty-two years from the time such rights accrued, either in said claimant or in the person or persons under whom he claims.

Sec. 112.

Corporations.—In a suit against a corporation, whether

Corporations.

foreign or domestic, if process can not be served, such corporation may be proceeded against as a nonresident defendant, by notice by publication.

Enforcement of decrees.—attachment.Sec. 113.

Enforcement of decrees.—The said court may, for the purpose of executing a decree, or to compel obedience to the same, issue an attachment against the person of the defendant, and may order an immediate sequestration of his real and personal estate, or such part thereof as may be necessary to satisfy the decree, or may issue a fieri facias and attachment by way of execution against his lands, tenements, chattels, and credits, or other incorporeal property, to satisfy the decree;

—injunction.

or the court may. by order and injunction, cause the possession of the estate and effects whereof the possession or a sale is decreed to be delivered to the complainant, or otherwise, according to the tenor and import of the decree and as the nature of the case may require: and in case of sequestration may order payment and satisfaction to be made out of the estate and effects so sequestrated, according to the true intent

—commitment.

and meaning of the decree; and in case any defendant shall be arrested and brought into court upon any process of contempt issued to compel the performance of any decree, the court may. upon motion, order such defendant to stand committed, or may order his estate and effects to be sequestrated and payment made, as above directed, or possession of his estate and effects to be delivered by order and injunction as above directed, until such decree or order shall be fully performed and executed, according to the tenor and true meaning thereof, and the contempt cleared; but where the decree only directs the payment of money no defendant shall be imprisoned except in those cases especially provided for.

Interlocutory orders.Sec. 114.

All interlocutory orders may be enforced by such process as might be had upon a final judgment or decree to the like effect, and the payment of costs adjudged to any party may be enforced in like manner.

Decree for delivery of chattels.Sec. 115.

An order or decree for the delivery of chattels may he enforced by the same writs as are used in the action of replevin at common law. as well as those heretofore used for its enforcement in equity practice.

Probate court.Sec. 116.

Probate court.—The special term of said supreme court, heretofore known as the orphans’ court, shall be designated the

—jurisdiction.

probate court, and the justice holding said court shall have and exercise all the powers and jurisdiction by law held and exercised by the orphans’ court of Washington County, District of Columbia, prior to the twenty-first day of June, anno Domini eighteen hundred and seventy.

—plenary as to wills, etc.Sec. 117.

That in addition to the jurisdiction conferred in the preceding section, plenary jurisdiction is hereby given to the said court holding the said special term to hear and determine all questions relating to the execution and to the validity of any and all wills devising any real estate within the District of Columbia, and of any and all wills and testaments properly presented for probate therein, and to admit the same to probate and record in said special term: and neither the execution nor the validity of any such will or testament so admitted to probate and record shall be impeached or examined collaterally, but the same shall be in all respects and as to all persons res judicata, subject. nevertheless, to the provisions hereinafter contained.

Sessions of court.Sec. 118.

The said court, shall hold weekly sessions on such days as it may appoint and on as many days as may be necessary for the dis-patch of its business.

Powers defined.Sec. 119.

Powers.—It shall have full power and authority to take the proof of wills of either personal or real estate and admit the same to probate and record, and for cause to revoke the probate thereof; to grant and, for any of the causes hereinafter mentioned, to revoke letters testamentary, letters of administration, letters ad colligendum, and letters of guardianship, and to appoint a successor in the place of anyone whose letters have been revoked; to hear, examine, and decree upon all accounts, claims, and demands existing between executors and administrators and legatees, or persons entitled to a distributive share of an intestate estate, or between wards and their guardians: to enforce the distribution of estates by executors and administrators, and the payment or delivery by guardians of money or property belonging to their wards, and. concurrently with the equity court, to direct the sale of real estate of decedents for the payment of their debts and the application of the proceeds thereof: Provided, That the jurisdiction of

Proviso.

—qualification of jurisdiction, etc.

said probate court shall not be exclusive of the jurisdiction of the said equity court to entertain suits by legatees or next of kin against executors' or administrators, or by wards against their guardians for an accounting; and. except in cases provided for in section numbered one hundred and forty-four, any settlement of accounts in said probate court shall only be prima facie evidence as to the correctness of said accounts in any such suits, or in suits by creditors against executors or administrators, or against heirs or devisees, to subject the real estate of decedents to the payments of their debts.

Sec. 120.

Clerk.—The register of wills of the District of Columbia

Clerk.

—register of wills to act.

shall be, and hereby is. authorized, empowered, and directed to act as clerk of the said probate term, to keep and certify its records and generally. with respect to said term, to exercise all the powers and perform all the duties which might otherwise be properly exercised or performed by the clerk of the supreme court of the District of Columbia.

Sec. 121.

The said register of wills may receive inventories and

—powers, etc., of register of wills.

accounts of sales, examine vouchers, and state accounts of executors, administrators, collectors, and guardians, subject to final passage or rejection of same by the court; may take probate of claims against the estates of deceased persons that are proper to be brought before him. and pass any claims not exceeding three hundred dollars: may take the probate of wills and accept the bonds of executors, administrators, collectors, and guardians, subject to approval by the court. It shall be his duty to make full and fair entries of the proceedings of said court, and also to make a fair record in a strong bound book or books of all wills proved before him or said court, and of all other matters by law directed to be recorded in said court, and to lodge every original paper tiled with him in such place of safety as the court may appoint. He shall make out and issue every summons, process, and order of the court, and in every respect act under its control and direction in reference to matters coming within the jurisdiction of said court. He shall

—deputy.

be, and hereby is, authorized to appoint a deputy, who may, in his absence, do and perform any and all the acts necessary in the administration of his office and the certification of the records of said court which he himself is authorized to do; also to appoint and fix the number

—employees.

and the compensation of the employees of said probate court and office of register of wills: Provided, That any expenditures incurred by him

—expenditures.

in so doing shall not be a charge upon the public treasury, but shall, together with his own compensation, be paid out of the revenues of the office of register of wills.

Sec. 122.

Concealment of assets by strangers.—If an executor,

Concealment of assets by strangers.

administrator, or collector shall believe that any person conceals any part of his decedent’s estate, he may tile a petition in said court alleging such concealment, and the court may compel an answer thereto on oath: and if satisfied, upon an examination of the whole case, that the party charged has concealed any part of the estate of the deceased, the court may order the delivery thereof to the executor, administrator. or collector, and may enforce obedience to such order in the same manner in which orders of said court may be enforced, as hereinafter provided.

Sec. 123.

Investment of funds.—The said court may, in its discretion,

Investment of funds.

order an executor, administrator, collector, or guardian, whom it may have appointed, to bring into court or invest in securities, to be approved by the court, any money or funds received by such executor. administrator, collector, or guardian; and if said party shall not, within a reasonable time, to be fixed by the court, comply with the order, his letters may be revoked.

Concealment by executor or administrator.Sec. 124.

Concealment by executor or administrator.—If any person interested in any decedent’s estate shall by petition allege that the executor, administrator, or collector has concealed or has in his hands and has omitted to return in the inventory or list of debts any part of his decedent's assets, and the court shall finally adjudge and decree in favor of the allegations of the petition, in whole or in part, it shall order an additional inventory or list of debts, as the case may be. to be returned by the executor, administrator, or collector, and appraisement to be made accordingly, to comprehend the assets omitted, and the court may compel obedience to said order, and, if the same is not complied with, revoke the letters testamentary or of administration or of collection and order the bond of the executor, administrator, or collector to be put in suit.

Joint executors.Complaint of negligence of coexecutor, etc.Sec. 125.

Joint executors.—If any joint executor, administrator, or collector shall apprehend that he is likely to suffer by the negligence or misconduct in the administration or the improper use or misapplication of the assets of the estate by any coexecutor,

—revocation of authority to act, etc.

coadministrator, or cocollector. he may make complaint to said court; and if said complaint shall be adjudged well founded, the court shall have authority, in its discretion, to revoke the powers and authority of the executor, administrator, or collector so complained of and to compel the delivery and surrender to the remaining executor, administrator, or collector of the assets and all books, papers, and evidences of debt of the estate that may be in the possession or control of the person so dismissed from the administration; and the remaining executors, administrators, or collectors shall be entitled to recover, in an action on the case, for any loss or damage they may suffer through the executor, administrator, or collector whose, powers shall have been revoked as aforesaid.

—enforcement of duty.Sec. 126.

Enforcement of duty.—The court shall have power to order any executor, administrator, collector, or guardian who appears to be in default in respect to the rendering of any inventory or account or the fulfillment of any duty in said court to be summoned to appear therein and fulfill his duty in the premises, on pain of revocation of his letters testamentary or of administration or collection or of guardianship; and on his appearing the court may pass such order as may be just, and upon his failure, to appear, after having been duly summoned, may revoke his letters and make such further order and other appointment as justice may require.

Revocation of letters.Accounting, etc.Sec. 127.

Revocation of letters.—Whenever said court shall revoke letters testamentary or of administration or of collection or of guardianship, it shall be the duty of the party whose letters may be revoked to render forthwith an account of his administration or guardianship up to the period of the rendition of said account and to deliver and turn over to the person appointed in his place all the estate, money and effects remaining in his hands that were received and held by him by virtue of his appointment so revoked; and all moneys in the hands of an executor, administrator, or collector realized by him by the. sale of the specific property shall be considered unadministered assets and be turned over in like manner; and the court may compel the performance of said duty in the manner hereinafter mentioned, and may direct the bond of said executor, administrator, or collector whose letters may be revoked to be put in suit for the use of the new administrator or collector appointed in his place.

Sec. 128.

Counter security.—If any surety of an executor or

Counter security.

administrator shall apprehend himself to be in danger of suffering from the suretyship, he may apply to the probate court, and the said court may call upon the party to give counter security, to be approved by the court: and if the party so called on shall not, within a fixed

—failure to give.

reasonable time, give counter security, the court may order the property remaining in the hands of such executor or administrator to be delivered up to such surety, and the court may enforce the delivery by proper process; and an inventory of the property delivered to

—inventory, etc.

such surety shall be returned without delay, and the property contained in such inventory shall be by the said surety sold, distributed, and delivered up, as the case may require, under the immediate order of the court, as if such surety were executor or administrator; but inasmuch as it would be inconvenient to creditors and others interested in the estate, if there should be a double administration, the executor or administrator shall go on to discharge his trust, unless the court revoke his letters for some just cause, as herein-before directed, and he shall be answerable for the property in the same manner as if it were not on his default as aforesaid delivered to the surety: and he shall be entitled to sue the said surety and recover damages in case he shall suffer from the misconduct of such surety, in diminishing any part of the property, without obtaining an allowance for the same from the court; and the said surety shall bring into court, to be deposited with the register of wills, the money arising from the sale of any property as aforesaid, to be applied according to the meaning of this code.

Sec. 129.

Enforcement of judgments, and so forth.—The said

Enforcement of judgments, etc.

court, in addition to the powers hereinafter specially conferred, shall have power to enforce its judgments, orders, and decrees in like manner as orders and decrees may be enforced in the equity court.

Sec. 130.

Citation.—Upon the filing of a petition for probate of

Citation.

a will a citation shall be issued to all persons who would be entitled to or interested in the estate of the testator in ease such will had not been executed to appear in said court on a day named, not earlier than ten days, exclusive of Sundays, after the filing of said petition, and show cause why the prayer of the petition should not be granted. If said citation shall appear from the return thereof to have been served upon all said persons at least five days before the day named as aforesaid, the said court shall proceed, if no caveat be filed, to take the proofs of the execution of said will. But if any of the parties

Publication.

interested, as aforesaid, as heirs, next of kin, or otherwise, shall be returned Not to be found, the said court shall cause not less than thirty days’ notice of the application of such probate to be published once in each of three successive weeks in some newspaper of general circulation in said District, and may order such other publication as the case may require, and shall cause a copy of such publication to be mailed to the last known post-office address of each of the parties so returned not to be found. If the parties in interest, or any of them, be unknown, upon statement of that fact in the petition under oath, they may be described therein, and in the notice by publication, as the unknown heirs and next of kin of the decedent, with like effect as if known and specifically named in the petition, notice, and proceedings.

Sec. 131.

Probate.—On the day appointed as aforesaid, or such

Probate.

subsequent day as the court may appoint, due proof of such publication and mailing being made, the court shall proceed to take proof of the will. All the witnesses to such will who are within the District, and competent to testify must be produced and examined, or the absence of any of them satisfactorily accounted for.

Sec. 132.

Attesting witnesses.—Incase the will contains a devise

Attesting witnesses.

of real estate, and any attesting witness thereto residing in the District is unable, from sickness, age, or other cause, to attend court, the register of wills may, with such will, attend upon said witness and take

Where proof of signature sufficient.

his testimony. If the testimony of resident attesting witnesses or witness to such will shall have been taken, and any other such witness to said will shall reside out of the District or be temporarily absent there-from. but within the United States, it shall be sufficient to prove the signature of such witness so out of the District.

If the sole witnesses to such will shall be out of said District as aforesaid, or if one or more should be within the United States and one or more be in some foreign country, then it shall be sufficient to take the testimony of any one or all within the United States, as the court may determine, and to prove the signatures of those whose testimony is not required to be taken.

If all such witnesses shall be out of the United States, then it will be sufficient to take the testimony of such of them as the court may require, and to prove the signature or signatures of the others.

Commission to take testimony.

The testimony of such witnesses out of the District to be taken here under shall he under a commission issued by the court to one or more competent persons, and in such ease the original will or codicil shall accompany the commission and be exhibited to the witnesses.

—notice.

No notice need be given of the time and place of taking such testimony. unless in a case in which probate is opposed.

Who may appear.Sec. 133.

Who may appear.—Any person, although not cited, who may be interested in sustaining or defeating the will may appear and support or oppose the application to admit the same to probate.

Admission to probate.Sec. 134.

Admission to probate.—If, upon hearing the proofs submitted, the court shall be of opinion that the will was duly executed and the testator was competent to execute the same, and no caveat shall be tiled against the admission of the same to probate, the court shall decree that the said will be admitted to probate and record.

Probate by consent.Sec. 135.

If all parties interested adversely to the will shall waive the notice aforesaid and consent that the will be admitted to probate and record, it may be so admitted to probate and record without the

Proviso.

—proof of execution required.

proceedings directed as aforesaid: Provided, That in no case shall any will or testament be admitted to probate and record save upon formal proof of its proper execution.

Caveat.Sec. 136.

Caveat.—If. upon or prior to the hearing of the application to admit the will to probate, any party in interest shall tile a caveat in opposition, duly verified, and setting forth facts inconsistent with the validity of the will, the said will shall not be admitted to probate until the issues raised by said caveat shall be determined, as hereinafter directed.

—time for filing.Sec. 137.

If, upon the hearing of the application to admit a will to probate, the court shall decree that the same be admitted to probate, any person in interest may tile a caveat to said will and pray that the probate thereof may be revoked at any time within three months after such decree, if it be a will of personal property, and as far as it is a will of personal property; and if it he a will of real estate, and as far as it is such will of real estate, any person interested actually served with process or personally appearing in such proceedings may file such caveat within one year after such decree: any person interested who at said time was returned “Not to be found” and was proceeded against by publication may file such caveat within two years after such decree; and any person interested who at the time of said decree is within the age of twenty-one years may file such caveat within one year after he becomes of age.

Infants interested.Sec. 138.

Infants interested.—Whenever it shall appear that any party interested as aforesaid is under age. or non compos, the court shall appoint a guardian ad litem to represent said party at the hearing of the application to admit the will to probate, and with authority to file a caveat, as he may be advised, in behalf of said party.

Sec. 139.

Plenary proceedings.—The court may, in all cases of

Plenary proceedings.

controversy therein, direct a plenary proceeding to be had, by bill or petition, to which there shall be answer under oath, which may be compelled by the usual process, and all the depositions shall be taken down in writing and tiled; or, if either party shall require it, the court shall direct an issue to be macle up to be tried by a jury.

Sec. 140.

Trial of issues as to wills.—Whenever any caveat

Trial of issues as to wills.

shall be tiled issues shall be framed under the direction of the court for trial by jury: Provided, That in all cases in which all persons interested

Proviso.

—without a jury.

are sui juris and before the court the issues may be tried and determined by the court, without a jury, upon the written consent of all such parties. If they are to be tried by a jury they shall be triable

—by a jury.

in said probate court; and at least ten days prior to the time of trial all of the heirs at law or next of kin of the decedent, or both together, as the case may require, and all persons claiming under the will shall be each served with a copy of said issues and a notification of the time and place of the trial thereof. If any one of them be an infant or of unsound mind he shall have a guardian ad litem appointed for him by the court before such trial shall proceed. If, as to any party in inter-est, the notification shall be returned “Not to be found.” the court shall assign a new day for such trial, and shall order publication, at least twice a week for a period of not less than four weeks, of a copy of the issues and notification of trial, in some newspaper of general circulation in the District, and may order such further publication as the case may require. And the supreme court of the District of Columbia may from

Service.

time to time prescribe and revise rules and regulations for service personally upon such party outside of the District of Columbia of a copy of such issues and notification. Personal service on absent parties shall not be essential to the jurisdiction of the court. Before the time of

Jurors, etc.

trial the justice holding said court shall direct twenty-four jurors to be drawn for service in said court, having the qualifications prescribed by law, in the manner provided by law for the drawing of jurors to serve in the circuit court. The proceeding for impaneling a jury for the trial of said issues shall be the same as if they were being tried in the said circuit court. In all cases in which such issues shall be tried the verdict of the jury and the judgment of the court thereupon shall, subject to proceedings in error and to such revision as the common law provides, be res judicata as to all persons; nor shall the validity of such judgment be impeached or examined collaterally. When a jury is sworn for such trial the other jurors who have been summoned, but not sworn for such trial, shall be discharged and their names returned to the jury box. Any jury so sworn may also be employed in the trial of other issues pending in said court not relating to wills, and also, if the parties interested shall consent, in the trial of issues relating to wills other than those for the trial of which they were specifically summoned. Any jury summoned for service in any of the circuit or criminal courts of the District may, with the concurrence of the justice presiding in said court, be used for the trial of issues in the probate court.

Sec. 141.

Re-probate of wills affecting real estate.—That the

Sections not applicable to wills probated before June 8, 1898, etc.

foregoing sections shall not apply to wills and testaments offered for probate prior to the eighth day of June, anno Domini eighteen hundred and ninety-eight, and in cases of intestacy shall apply only to the estates of such persons as shall have died after said date and shall hereafter die: Provided, That any person interested under any will

Proviso.

Re-probate of wills affecting real estate.

filed in the office of the register of wills for the District of Columbia prior to said date may offer the same for probate as a will of real estate, whereupon such proceedings shall be had as by this code are authorized in regard to wills offered for probate after said date.

Sec. 142.

Trial of other issues.—

The trial of other issues, pending in said court, than such as relate to the execution or validity of wills shall also be had in said court; and no person shall be required to serve as a juror more than twenty secular days in any one year, except in a trial pending and not determined when said term of twenty days expires; and such length of service shall exempt him from further service in the supreme court of the District for one year from the commencement of said service.

For the trial of issues not relating to wills the justice holding said court shall have authority to fix the time of trial and determine the notice thereof to be given.

Sec. 143.

Costs.—The said court shall have authority to render judgment for costs against the unsuccessful party in any trial conducted in said court and to issue execution therefor.

Sec. 144.

Depositions, judgment, and appeal.—The said court shall have authority to issue commissions to take the testimony of non-resident witnesses, and such depositions, as well as depositions de bene esse, taken according to law, may be read at the trial of any issue in said court. On the trial of any such issue exceptions may be taken to the rulings of the court, and the said court may set aside the verdict and grant a new trial for the same causes and in the same manner as in case of a trial in the circuit court. Unless the same be reversed, any final order or decree admitting a will to probate shall be conclusive evidence of the validity of such will in any collateral proceeding in which such will may be brought into question, and a transcript of the record of such will, and of the decree admitting the same to probate, shall be sufficient proof thereof.

Sec. 145.

Arbitration.—The said court shall have power, with the consent in writing of both parties, to arbitrate between a complainant and an executor or administrator, or between an executor or administrator and a person against whom the estate represented by him has a claim, or, with like consent, may refer the matter in dispute to an arbitrator. If reserved by the parties in their submission, exception as to matters of law may be filed to the award of such arbitrator, and the court may confirm or overrule the award, and said award, when confirmed, shall be conclusive between the parties.

Sec. 146.

Sale of real estate.—The. said court shall have plenary authority to administer also the real estate situated in the District of Columbia of decedents so far as may be necessary for the payment of debts and legacies, and to distribute among those entitled thereto any surplus proceeds of any sale of real estate made in the course of such administration, and the bonds hereafter executed of all executors and administrators shall be responsible for the proceeds of sale of all real estate sold by them under the order of the said justice for such

Proviso.

—qualifications.

purposes of administration: Provided, however, That no such sale shall be made unless the same be required for the, purposes of paying debts and such legacies as are chargeable upon the real estate, nor until the auditor of the court shall have ascertained and reported a deficiency of personal assets for such purposes: and such report shall be subject to exception.

Sec. 147.

An order for the sale of the real estate shall not be granted if any of the persons interested in the estate shall give bond to the United States, with security to be approved by said court, conditioned to pay all the debts or legacies, or both, as the case may be, that shall eventually be found due, and the costs of administration.

Sec. 148.

If the said court shall be satisfied, upon a report of the auditor, that it is necessary to sell said real estate, or part thereof, it shall authorize the same, or so much thereof as may be necessary for the payment of the debts or legacies, or both, to be sold by the executor or administrator, on such terms as the court may direct. Any surplus of the proceeds of such sale, after payment of debts and legacies and costs of administration, shall be deemed real estate, and shall be distributed among the heirs or devisees as the right may appear.

Sec. 149.

Widow’s dower.—Where there shall be a widow entitled

Widow’s dower.

to dower in the real estate of the decedent, the court, before authorizing a sale of said real estate, shall issue a commission to one or more suitable persons to set off and assign her dower out of such estate, and her dower shall be assigned to her; or, if the court shall find the widow’s dower can not be set off without injury to the property, if she shall consent thereto by her answer to the petition, the real estate may be sold free of her dower, and she shall receive out of the proceeds a commutation of her dower according to the practice in equity.

Sec. 150.

Guardians.—The said court shall have power to appoint

Guardians.

a guardian or guardians to any infant orphan entitled to any property, real, personal, or mixed, within the District, or whose person and residence may be within the District, except where such orphan may have a testamentary guardian.

Sec. 151.

Bond.—The court shall require of guardians so appointed,

Bond of.

and of testamentary guardians, unless it be otherwise directed by the will appointing them. bond, with sufficient security, conditioned for the due discharge of their duties.

Sec. 152.

When any infant whose father or mother may be living

—of father or mother of infant.

shall, by gift or otherwise, be entitled to any property, the court may require the father or mother, as guardian, to give bond and security to account for the property, and on his or her failure or refusal so to do may appoint another person guardian, who shall give bond as in other cases.

Sec. 153.

The court may at any time require any guardian to give

Additional bond.

bond or additional bond, when the interests of the infant require it, and on his failure or refusal so to do may revoke his appointment and appoint another guardian in his place, and require the estate of the infant to be forthwith delivered to the newly appointed guardian, and may direct him to bring suit upon the bond of his predecessor.

Sec. 154.

Counter security.—If any surety of a guardian shall by

Counter security.

petition set forth that he apprehends himself to be in danger of loss in consequence of his suretyship, and shall pray the court that he may be relieved, the court, after summoning the guardian to answer said petition, may require him to give counter security to indemnify his original surety or to deliver his ward's estate into the hands of the surety or of some other person; in either of which cases the court shall require sufficient security to be given by the person into whose hands said estate shall be delivered, and make such other order as may seem just.

Sec. 155.

Election of guardian.—Every orphan or other infant

Election of guardian.

to whom said court is authorized to appoint a guardian shall be entitled. on arriving at the age of fourteen years, notwithstanding any appointment of guardian before made by the court, to elect a guardian for himself; but such guardian must be approved by the court and shall be required to give bond as in other cases, and be subject to the control of the court as other guardians are.

Sec. 156.

Sale or exchange of infant’s real estate.—Whenever

Sale or exchange of infant’s real estate.

—tiling of bill.

the guardian or, in case of his refusal to act. a next friend of any infant shall deem that the interests of the ward will be promoted by a sale of his freehold or leasehold estate in lands, for the purpose of reinvesting the proceeds in other property, or by an exchange of his said property for other property, he may file a bill in said court, verified by his oath, setting forth all the estate of said infant, real and personal, and all the facts which, in his opinion, tend to show whether the infant's interest will be promoted by said sale or exchange or not.

Sec. 157.

The infant, together with those who would succeed to the estate if he were dead, shall be made parties defendant; and it shall be the duty of the court to appoint some fit and disinterested person to be guardian ad litem for the infant, who shall answer the bill under oath. The infant also, if above the age of fourteen, shall answer the bill in proper person, under oath.

Sec. 158.

Every fact material to determine the propriety of such sale or exchange shall be clearly proved by disinterested witnesses, whose testimony shall be taken in writing in the presence of the guardian ad litem or upon interrogatories agreed upon by him.

Sec. 159.

If the court shall be satisfied from the evidence that the interests of the infant require a sale or exchange, as prayed, and the rights of others will not be violated thereby, such sale, or exchange may be decreed, and the costs of the suit shall be paid out of the infant’s estate; otherwise they shall be paid by the complainant.

Sec. 160.

Any such sale may be made upon such terms as to cash and credit as the court may direct, and a lien shall be retained on the property sold for the purchase money; and the proceeds of such sale shall be invested for the infant's benefit in other real estate or in such other manner as the court may direct; and if the infant, after any such sale, shall die intestate or under twenty-one years of age, the proceeds of such sale, or so much thereof as may remain at his death, if not reinvested in other real estate, shall bo considered as real estate, and shall pass accordingly to such persons as would have been entitled to the estate if it had not been sold.

Sec. 161.

In decreeing an exchange of the infant's estate for other property the court shall not be bound to require equality or sameness in the quantity or character of the estate or interest, and the court may appoint trustees to execute the deeds necessary to carry such exchange into effect.

Sec. 162.

Sale of particular estate or remainder.—Where an infant is entitled to a particular estate, as for life or years, and another person is entitled to an estate in remainder or reversion in the same property, or such other person is entitled to the particular estate and the infant is entitled in remainder or reversion or by way of executory devise, the court shall have the same power to decree a sale or exchange

Proviso.

as aforesaid, having reference solely to the interests of the infant:

—consent to sale, etc.

Provided, The other person so interested will consent to such sale or exchange and execute the conveyances necessary to carry the same into effect. And the court shall direct the annual income from the fund or propertv acquired by such sale or exchange to be applied according to the interests of the respective parties. And in ease of the death of said infant under twenty-one years of age the proceeds of any such sale not invested in real estate shall be deemed real estate and pass to those who would be entitled if the property had not been sold.

Sec. 163.

Lease of infant's estate.—In cases where it shall appear to the court, by proof taken in a similar proceeding to that provided for in the foregoing sections, that it will be to the advantage of the infant that his real estate shall be demised, the said court shall have the power to decree that the same be so demised for a term of years not to exceed the minority of the infant, yielding such rents and on

Proviso.

Consent to decree, etc.

such terms and conditions as the court may direct: Provided, That where the infant is entitled only to a part of the estate, as tenant of the particular estate, or remainder-man, or otherwise, all the other owners of the other interests assent to the passing of such decree.

Sec. 164.

Mortgage of infant’s estate.—In cases where it shall appear to the court by proof, as provided in the foregoing section, that it would be for the benefit and advantage of the infant to raise money by mortgage to improve his real property or to pay off charges, liens, or incumbrances thereon, the court may, on the application of the guardian or of the infant by next friend, decree a conveyance of said property, by mortgage or deed of trust, to be executed by the guardian, on such terms as may seem to the court expedient: and this section shall apply to cases where the infant holds jointly or in common with other persons of full age or holds a portion of the estate, as a particular estate, for life or years or in remainder or reversion: Provided, That the other owners interested, all being of full age, will

Proviso.

Consent to decree.

consent to such decree and unite in said mortgage or deed of trust.

Sec. 165.

Sale of infant’s principal fob maintenance, and so

Sale of infant’s principal for maintenance. etc.

forth.—Wherever it shall appear, upon the petition of the infant by next friend or of the guardian of an infant, and the appearance and answer of such infant by guardian to be appointed by the court, and proof by depositions of one or more disinterested witnesses, that a sale of the principal of the infant’s estate, or of some part thereof, whether real or personal, is necessary for his maintenance or education, regard being had to his condition and prospects in life, the said court may decree such sale on such terms as to it may seem proper.

Sec. 166.

Indigent boys.—The court shall have power to appoint

Indigent boys.

guardians to indigent boys for the purpose of securing their enlistment in the naval or marine service of the United States, as provided by law. free of all costs on account of such proceeding.

Sec. 167.

Lunacy proceedings.—All writs do lunatico inquirendo

Lunacy proceedings.

shall issue from said probate court, and the justice holding said court shall preside at all inquisitions of lunacy, and, when necessary, may use a jury from either the circuit or criminal court, or may cause a special jury to be summoned for such inquisitions.

Sec. 168.

Estates of lunatics.—The said court shall have full

Estate of lunatics.

power and authority to superintend and direct the affairs of persons non compos mentis, and to appoint a committee or trustees for such persons, and to make such orders and decrees for the care of their persons and the management and preservation of their estates, including the collection, sale, exchange, and reinvestment of their personal estate, as to the court may seem proper. The court may, upon such

Release of dower of.

terms as under the circumstances of the, case it may deem proper, decree the conveyance and release of any right of dower of a person non compos mentis, whether the same be inchoate or otherwise.

Sec. 169.

The court shall have the same power in respect of the

Power of court the same as with infants, etc.

freehold or leasehold estates of such persons as is provided for in relation to the estates of infants, to be exercised upon the application of the guardian, trustee, or committee of such person; and upon the death of any such person non compos mentis the proceeds of any sale of his estate which may have been invested otherwise than in real estate shall be deemed real estate, and shall descend as the property or estate would if it had not been sold.

Sec. 170.

The said court may order any part of the estate of a person

Sale.

non compos

—ratification of sale necessary.

mentis, for whom a committee, guardian, or trustee has been appointed, to be sold, when necessary for his maintenance, upon application of said committee, guardian, or trustee, and full proof of the necessity of such sale. Upon the application of any judgment creditor of a person non compos mentis the court may decree a sale of the real or personal estate of such non compos mentis, or such part thereof as may be necessary to pay the claim of such creditor, upon being satisfied that such claim is just and there are no other means of paying the same.

Sec. 171.

No sales of the property of infants or persons non compos mentis made by authority of the aforegoing sections shall be valid and effectual to pass title to the property sold until they have been reported to and ratified by the court.

Sec. 172.

Drunkards.—Whenever any person residing in said District, and owning any estate, real or personal, situate therein, is unfit from the habitual use of intoxicating liquors to properly manage or control the same, the said court, on the petition of any creditor or relative of such person, or if there be no creditor or relative, upon the petition of any person living in said District, and upon summons being regularly served upon such person so alleged to be unlit to manage or control his property as aforesaid, commanding him to appear and answer such petition, may order a jury to be summoned to ascertain whether such person be an habitual drunkard and unfit from that cause to manage and control his property, and if the jury shall find that such person is an habitual drunkard and unfit to manage or control his property, such finding when confirmed by the court, shall be entered of record in said cause, and it shall be the duty of the court thereupon to appoint some fit person to be committee of the person so declared unfit to manage or control his property as aforesaid.

—bond of committee.

Such committee before entering upon the discharge of his duties shall execute a bond, with surety, to be approved by the said court or one of the justices thereof, to the United States in a penalty equal to the amount of the personal property and the yearly rents to be derived from the real estate of such person, conditioned for the faithful

—powers, etc.

performance of his duties as such committee; and he shall have control of the said estate, real and personal, with power to collect all debts due said drunkard, and to adjust and settle all accounts owing by him, and to sue and be sued in his representative capacity. He shall apply the annual income of the estate of such habitual drunkard to the sup-port of said person, and the maintenance of his family and education of his children: and shall in all other respects perform the same duties and have the same rights as pertain to committees of lunatics and idiots.

Restoration to drunkard of his estate, etc.

When any person for whom a committee has been appointed under the provisions of this section shall become competent to manage his property on account of reformation in his habits, he may apply to said court to have said committee discharged and the care and control of his property restored to him: and if it shall appear by the verdict of a jury summoned therefor, or by affidavits, or other evidence to the satisfaction of the court, that said applicant is a fit person to have the care or control of his property, an order shall be entered restoring such person to all the rights and privileges enjoyed before said committee was appointed.

Sec. 173.

Apprentices.—The said probate court shall also have authority to approve contracts of apprenticeship, to determine questions between masters and apprentices, and to protect the rights of apprentices, as herein elsewhere provided for.

Sec. 174.

The clerk.—The clerk of said supreme court shall take the oath and give bond, with security, in the manner prescribed by law for the clerks of the. district courts of the United States. The said clerk shall have power to appoint assistant clerks, at such compensation as may be authorized by the supreme court of the District of Columbia in general term, and may assign any of the assistant clerks in his office to duty in the said general or special terms of the court, except in the

Assistant clerk may act, etc.

probate term. Any of the duties of the clerk may be performed in his name by any of the assistant clerks, and such assistants may sign the name of the clerk to any process, certificate, and other official act required by law or by the practice of the court to be performed by the clerk, and may authenticate said signature by affixing the seal of the court thereto when the seal is necessary to its authentication. In such cases the signature shall be—

— —, Clerk,

By — —, Clerk,

Sec. 175.

Costs.—At the commencement of every suit in said supreme

Costs.

court the plaintiff shall deposit at least ten dollars with the clerk, to be appropriated toward the costs of the suit; and the court is hereby authorized to prescribe rules as to any further costs to be paid by either the plaintiff or defendant during the progress of the case, and as to the collection thereof. Upon the termination of the case any surplus of costs shall be refunded by the clerk.

The defendant in any suit instituted by a nonresident of the District

Defendant may require nonresident plaintiff to give security, etc.

of Columbia, or by one who becomes such after the suit is commenced, may, upon notice served on the plaintiff or his attorney, at any time after service of process on the defendant, require the. plaintiff to give security for all costs and charges that may be adjudged against him on the final disposition of the cause. But such right of the defendant shall not entitle him to delay in pleading, and his pleading before the giving of such security shall not be deemed a waiver of his right to require such security for costs. In case of noncompliance with the foregoing requirements, within a time to be fixed by the court, judgment of nonsuit or dismissal shall be entered. The security required may be by an undertaking, with security, to be approved by the court, or by a deposit of money in amount to be fixed by the court.

A nonresident may, at the commencement of his suit, deposit with

—deposit by nonresident as security for costs.

the clerk such sum in money as the court shall deem sufficient as security for all costs that may accrue in the cause, which deposit may afterwards be increased on application, in the discretion of the court:

—qualifications.

Provided, That this section shall not apply to proceedings in the probate term, in which all deposits and costs as now required by law. and the orders of said term, shall be paid to the register of wills as heretofore.

Sec. 176.

Poor suitors.—Suits may be prosecuted by poor persons upon the order of the court, or of one of the justices, passed upon satisfactory evidence of inability to make such deposit, without making the deposit prescribed by the preceding section.

Sec. 177.

Costs payable immediately.—All costs and fees for services

Costs payable immediately

rendered by the clerk and the register of wills and chargeable to others than the United States shall be payable immediately after the services are performed, and shall be collected by such rules and regulations, not incompatible with law, as may be prescribed by the court, but shall in no case be paid by the United States. The District of

The District exempt, etc.

Columbia shall not be required to pay fees to the clerk of the court of appeals of the District, or to the marshal of the District, and shall be entitled to the services of said marshal in the service of all civil process.

Sec. 178.

The clerk shall have power to administer oaths in all cases

Fees of clerk for acknowledging deeds. etc.

and also to take the acknowledgment of deeds, and shall receive the same fees for the latter service as other officers authorized to take such acknowledgments.

Sec. 179.

Salary.—The salary and compensation of the clerk shall

—salary.

not exceed the sum of five thousand dollars per annum, and the excess of fees received by him above said salary, after defraying thereout the necessary expenses of his office, shall be paid into the Treasury of the United States.

Sec. 180.

Returns to Treasury.—The clerk shall make semiannual

—returns to Treasury.

returns of the amount of fees received by him to the Secretary of the Treasury. His accounts of his earnings and expenses shall be adjusted by the regular auditor of the court, or by a special auditor to be appointed by the court for the purpose, within thirty days after the first day of January and July in each year; and the auditor shall immediately report his adjustment to the court, with such exceptions thereto as the clerk shall, within four days after such adjustment, take and file with the auditor. The court shall pronounce such decree upon the report and exceptions as may seem to it equitable and just, and such decree shall be tinal and binding on the United States and the clerk.

Sec. 181.

Accounting.—If upon such account a balance be found due from the clerk to the United States, the court shall order payment by the clerk into the Treasury, and enforce its order by execution, process of contempt, or otherwise; and if the clerk refuse to pay the money, shall remove him from office.

Sec. 182.

If a balance be found due from the United States to the clerk, the same shall be paid upon presenting to the Treasurer a copy of the decree duly certified. The clerk shall, as in other eases to which the United States is a party, furnish the Solicitor of the Treasury a copy of the decree immediately after it is pronounced.

Sec. 183.

United States attorney for the District of Columbia.—There shall be an attorney for the United States for the District, who shall be appointed by the President of the United States, by and with the advice and consent of the Senate, and who shall take the oath and perform all the duties required of district attorneys of the United States.

Sec. 184.

The district attorney and every assistant or deputy duly appointed by him is empowered to administer oaths or affirmations to witnesses in criminal eases and in all cases where a justice of the peace

—penalty for false oath.

is authorized to do so; and if any person to whom such oath or affirmation shall be administered shall willfully and falsely swear or affirm touching any matter or thing material to the point in question whereto he shall be examined, he shall be deemed guilty of perjury, and upon conviction thereof shall be sentenced to suffer imprisonment at hard labor for the first offense for not less than two nor more than ten years, and for the second offense for not less than five nor more than fifteen years.

Sec. 185.

The clerk, marshal, and district attorney shall attend the criminal court and perform all the duties required of them by law in relation to the criminal business of the court. The clerk of the court in which any proceeding for divorce shall be instituted shall immediately notify the United States attorney of the institution of such proceeding, and it shall be the duty of said attorney to enter his appearance therein in order to prevent collusion and to protect public morals.

Sec. 186.

The marshal.—There shall continue to be a marshal for the District, who shall be appointed by the President of the United States, by and with the advice and consent of the Senate, for the same term, take the same oath, give bond with security in the same manner, and have generally, within the District, in addition to the powers and duties herein imposed upon him. the same powers and perform the same duties as provided for by the general statutes relating to marshals of the United States.

Sec. 187.

The fees and emoluments herein elsewhere authorized shall be charged for services rendered by the marshal of the District, and collected as far as possible, and covered into the Treasury of the United

—salary.

States; and the said marshal shall be paid in full compensation for all services rendered by him a salary of five thousand five hundred dollars per annum.

Sec. 188.

The marshal shall pay to each bailiff and crier, and to each deputy marshal performing the duties of a bailiff or crier, who shall be required to attend upon the several terms of said court, one hundred dollars per month, and to each messenger appointed for the several courts, sixty dollars per month, said payments to be allowed in said marshal's accounts.

Sec. 189.

Vacancies.—In case of a vacancy in the office of United States attorney or marshal for the District of Columbia, the supreme court of the District of Columbia may appoint persons to exercise the duties of such officers until such vacancy shall be filled.

Sec. 190.

The coroner.—There shall continue to be a coroner of

Coroner.

said District, who shall be appointed by the President of the United States, by and with the advice and consent of the Senate, and shall receive a salary of one thousand eight hundred dollars per annum.

Sec. 191.

Bond.—The coroner before he acts as such shall, within

—bond of.

thirty days after his appointment, give bond to the United States, with security to be approved by the said supreme court and deposited with the clerk thereof, in the penalty of three thousand dollars, with a condition that he will well and truly execute the duties of his office, and well and faithfully execute and return all writs or other process to him directed, and will also pay and deliver to the person or persons entitled to receive the same all sums of money and all goods and chattels by him levied upon, seized, or taken, agreeably to the directions of the writ or process under which the same shall have been levied upon, seized, or taken, and shall also satisfy and pay all judgments which may be rendered against him as coroner.

Sec. 192.

Duties.—It shall be the duty of the coroner to hold an

—duties.

inquest over any person found dead in the District when the manner and cause of death shall not already be known as accidental or in the course of nature. He shall make a monthly report to the Commissioners of the District of all inquests held by him during the month last past before said report, with a description as far as may be of the age, sex, color, and nationality of persons and the causes of their death, with such particulars as may be necessary to their identification; and as soon as possible after holding such inquest he shall deliver to the property clerk of the police department all moneys and other property and effects found upon the person of anyone on whom he shall hold an inquest.

Sec. 193.

He shall not summon any jury of inquest over the body

Accidental deaths.

of a deceased person where it is known that the deceased came to his death by accident, mischance, or natural causes.

Sec. 194.

Witnesses.—Witnesses may be summoned and compelled

Witnesses.

by the coroner to attend before him and give evidence, and shall be liable in like manner as if the summons had been issued by a justice of the peace. And it shall be his duty, upon every inquisition taken before him, where any person is charged with having unlawfully caused the death of the person on whom the inquest is held, to reduce the testimony of the witnesses to writing, and if the jury find that murder or manslaughter has been committed on the deceased, he shall require such witnesses as he thinks proper to give a recognizance to appear and testify in said supreme court, and shall return to said court the said inquisition and testimony and recognizance by him taken.

Sec. 195.

There shall be paid to the jurors and witnesses who may

Pay of jurors and witnesses.

be lawfully summoned in any inquest the same fees and compensation as are allowed to the jurors and witnesses attending the supreme court. A coroners jury shall consist of six persons.

Six persons to constitute jury.

Deputy coroner.

Sec. 196.

Deputy coroner.—The Commissioners of said District shall have authority to appoint a deputy coroner, who shall assist the coroner in the performance of his duties aforesaid, and shall perform the same duties in case of the absence or disability of the coroner. He shall, while acting, receive compensation ata rate not exceeding five dollars per day, to be paid as other expenses of said District, and he shall give bond in the penalty of two thousand five hundred dollars, with security to be approved by the said supreme court, conditioned for the due performance of his duties.

Sec. 197.

When to execute process.—Whenever the marshal is

When coroner to execute process.

a party to any cause or interested therein, or it is unfit on other grounds that he should serve and execute the process to be issued therein, such process shall be issued to the coroner, and he shall be paid the same fees and compensation for serving and executing the same which would be payable to the marshal in similar cases, and shall account therefor to the Treasury of the United States. And if he shall fail in the proper performance of his duties in the premises, like redress may be had against him, his sureties, and his and their heirs, devisees, and personal representatives, as could have been had against the marshal, his sureties, and his and their heirs, devisees, and personal representatives. for a like failure on the part of said marshal.

Sec. 198.

Jurors.—The clerk of the supreme court of the District of Columbia, the United States marshal, and the collector of taxes for said District are hereby constituted a commission to from time to time make the list of jurors for service in said court and fix the number of jurors to be listed therefor.

Sec. 199.

The said jurors shall be selected, as nearly as may be, from the citizens in the different parts of the District.

Sec. 200.

Jury box.—The names shall be written on separate and similar pieces of paper, which shall be so folded or rolled up that the names can not be seen, and placed in a box to be provided for the purpose.

Sec. 201.

The box shall be sealed and, after being thoroughly shaken, shall be delivered to the clerk of the supreme court for safe-keeping.

Sec. 202.

Term of service.—The respective terms of service of jurors drawn for service in the circuit court, or as petit jurors in the criminal court, shall begin on the first Tuesday of October, December, February, April, and June of each year, and shall terminate on the Monday preceding the first Tuesday of the second month thereafter, except when the jury shall be discharged by the court at an earlier day. or when a jury shall be impaneled and it shall happen that no verdict shall be found, nor the jury otherwise discharged before the day appointed by law for the commencement of the next succeeding term, in which case the court shall proceed with the trial by the same jury in every respect as if said term had not commenced; and all proceedings to final judgment, if such judgment shall be rendered, shall be entered and have legal effect and operation as of the term at which the jury shall have been impaneled.

Sec. 203.

The term of service of the grand jury in the criminal court shall begin with each term of that court, and shall end with such term unless the jury shall be sooner discharged by the court.

Sec. 204.

Drawing jurors.—At least ten days before the first Tuesday of each month specified in section two hundred and one when jury trials are to be bad, the clerk shall publicly break the seal of the jury box and proceed to draw therefrom the names of twenty-six persons to serve as jurors in each of the circuit courts, and of twenty-six other persons to serve as petit jurors in each of the criminal courts: and at least ten days before the commencement of each term of the criminal courts, the names of twenty-three persons, required to serve as grand jurors in said criminal courts, shall be drawn in like manner.

Sec. 205.

If any person whose name is drawn from the box shall have died or removed from the District, the clerk shall destroy the slip containing the name of such person, and in such case, or if any person has become otherwise disabled or excused from serving as a juror, the clerk shall draw from the box the name of another person to serve in his stead.

Sec. 206.

After the requisite number of jurors shall have been drawn the jury box shall be again sealed and remain in the custody of the clerk, and the names of the persons drawn shall not be placed again in the box for one year, unless said jurors shall be excused or for other reasons shall fail to serve.

Sec. 207.

Any person who shall have been regularly drawn as a juror and shall thereupon have served as such for the period of twenty days or more shall be exempt from further service as a juror in said court for the period of one year from the beginning of his said term of service; but nothing herein contained shall render said juror ineligible to serve during said year, except that no person shall serve as a juror for two consecutive terms.

Sec. 208.

If any persons selected as jurors can not be found, or shall prove to be incompetent, or shall

Drawing to fill vacancies, etc.

be excused from service by the court, the clerk, under the direction of the court, shall draw from the box the names of other persons to take their places. And if. after the organization of the jury, any vacancies occur therein, they shall be filled in like manner.

Sec. 209.

If at any time during the impaneling of a jury, in any

—to fill regular panel.

other than a capital case, the regular panel, by reason of challenge or otherwise, shall be exhausted before the jury is complete the court may, in its discretion, direct the clerk to draw from the box the names of other persons to serve as jurors and cause them to be summoned, or order the marshal to summon as many talesmen as may be necessary to complete the jury.

Sec. 210.

It shall be the duty of the marshal, at least five days before

Notice of selection as juror.

the meeting of the court for which a jury is required, to notify each person drawn by serving on him a notice in writing of his selection as a juror of the court he is to attend and of the day and hour when he is to appear. Such notice shall be given to each juror in person or be left at his usual place of residence.

Sec. 211.

A copy of the notice, with his certificate stating when and in

—copy to he returned to the court.

what manner the original was served, shall be returned by the marshal to the court before the commencement of the term for which the jurors were drawn.

Sec. 212.

Defaults.—If any person selected as a juror and duly

Defaults.

notified to attend shall, without sufficient cause, neglect to attend agree-ably to notice he shall be fined by the court in a sum not exceeding twenty dollars for every day that he shall be absent during the sitting of the court.

Sec. 213.

Frauds—If any officer shall put on or leave off the list

Frauds.

—penalty to officers.

the name of any person at his own request or on the request of any other person, or shall be guilty of any fraud or collusion with respect to the drawing of jurors, he shall be deemed guilty of a misdemeanor, and shall be punished by a fine of not less than one hundred dollars or imprisonment in the District jail not less than sixty days, or both, for each offense. ,

Sec. 214.

If the clerk of the court shall willfully draw from the box

—clerk of the court.

a greater number of names than is required by the court, in accordance with the law, or shall put any name into the box after the same has been delivered to him, or shall be guilty of any fraud or collusion in regard to the drawing of jurors, he shall be deemed guilty of a misdemeanor, and shall be punished by a tine of not less than one hundred dollars or imprisonment in the District jail not less than sixty days, or both, for each offense.

Sec. 215.

Qualifications.—No person shall be competent to act as

Qualifications of jurors.

a juror unless he be a citizen of the United States, a resident of the District of Columbia, over twenty-one and under sixty-five years of age, able to read and write and to understand the English language, and a good and lawful man, who has never been convicted of a felony or a misdemeanor involving moral turpitude.

Sec. 216.

Excuses.—A person may be excused by the court from

Excuses.

serving on a jury when for any reason his interests or those of the public may be materially injured by his attendance, or when he is a party in any action or proceeding to be tried or determined by the intervention of a jury at the term for which he. may be summoned, or where his own health or the death or sickness of a member of his family requires his absence.

Sec. 217.

All executive and judicial officers, salaried officers of the Government of the United States and of the District of Columbia and those connected with the police or tire departments, counselors and attorneys at law in actual practice, ministers of the gospel and clergy-men of every denomination, practicing physicians and surgeons, keepers of hospitals, asylums, almshouses, or other charitable institutions created by or under the laws relating to the District, captains and masters and other persons employed on vessels navigating the waters of the District shall be exempt from jury duty, and their names shall not be placed on the jury lists.

Sec. 218.

Attorneys.—The said supreme court shall have full power

—qualifications, etc.

and authority, from time to time, to make such rules as it may deem proper respecting the qualifications, examination, and admission of attorneys to practice in said court; and every person so admitted, before he shall be at liberty to practice therein, shall take the following oath:

—oath of.

“I, A B, do solemnly swear that I will honestly demean myself in the practice of an attorney uprightly and according to law. and that I will support the Constitution of the United States. So help me God.”

Sec. 219.

Any attorney receiving or collecting the money of his client and refusing unlawfully to pay the same when demanded may be proceeded against in a summary way on notice by said court, which may suspend him from practice or dismiss him from its bar.

Sec. 220.

Each of the courts in said District may suspend or dismiss from its bar any attorney who shall be convicted of any offense involving moral turpitude.

Sec. 221. THE COURT OF APPEALS.

Constitution.—The court of appeals of said District shall continue as at present organized, and shall consist of one chief justice and two associate justices, who shall be appointed by the President, by and with the advice and consent of the Senate, and shall hold office during good behavior.

Sec. 222.

Salary.—The said justices shall each receive an annual salary of six thousand dollars, payable quarterly at the Treasury of the United States, except the chief justice, who shall receive six thousand five hundred dollars.

Sec. 223.

Oath. Each of said justices, before he enters upon the duties of his office, shall take the oath prescribed by law to be taken by the judges of the courts of the United States.

Sec. 224.

Clerk.—There shall be a clerk of said court of appeals, to be appointed by the court, who shall receive as compensation for his services, in the discretion of the court, an annual salary not to exceed the sum of three thousand dollars, payable monthly at the Treasury of the United States, and who shall give bond, such as the court may determine to be satisfactory, for the faithful performance of his duties, and his duties shall be such as the court may from time to time

Deputy.

prescribe. The said clerk of the court of appeals shall, with the approval of the court, appoint one assistant or deputy clerk, who shall receive as compensation for his services, in the discretion of the court, an annual salary not to exceed the sum of two thousand dollars, payable monthly at the Treasury of the United States, and who may sign the name of the clerk to any official act required by law or by the practice of the court to be performed by the clerk, and may authenticate said signature by affixing the seal of the court thereto when the impress of the seal is necessary to its authentication. In such case the signature shall be—

— — Clerk,

By — — Assistant Clerk.

The court shall regulate from time to time the fees to be charged by

Fees. etc.

the said clerk, which shall be accounted for at least once in each quarter and paid into the Treasury of the United States, and said clerk shall receive such allowance for necessary expenditures in the conduct of his office as the court may determine by special or general order in the premises, but not to exceed the sum of five hundred dollars in any one year, payable, as aforesaid, at the Treasury of the United States.

Sec. 225.

Terms and rules.—The said court of appeals shall establish

Terms.

by rule of court such terms of the court in each year as to it may seem necessary: Provided, however, That there shall be at least three

Provisos.

To be at least three a year.

terms in each year; and it shall make such rules and regulations as may be necessary and proper for the transaction of its business and the taking of appeals to said court. And said court of appeals shall

Power of court to make regulations, etc.

have the power to prescribe what part or parts of the proceedings in the court below shall constitute the record on appeal, except as herein otherwise provided, and the forms of bills of exceptions, and to require that the original papers be sent to it instead of copies thereof, and generally to regulate all matters relating to appeals, whether in the court below or in said court of appeals. If any member of the court shall be

When justice of supreme court may sit.

absent on account of illness or other cause during the session thereof, or shall be disqualified from hearing and determining any particular cause by having been of counsel therein, or by having as justice of the supreme court of the District of Columbia previously passed upon the merits thereof, or if for any reason whatever it shall be impracticable to obtain a full court of three justices, the member or members of the court who shall be present shall designate a justice or justices of the supreme court of the District of Columbia to temporarily till the vacancy or vacancies so created, and the justice or justices so designated shall sit in said court of appeals and perform the duties of a member thereof while such vacancy or vacancies shall exist: Provided, That no justice of

—may not hear decree. etc., made by himself.

the supreme court of the District of Columbia shall, while on the bench of said court of appeals, sit in review of any judgment, decree, or order which he shall have himself entered or made: Provided also, That if the

Two justices may hear cause ou stipulation of counsel.

parties to any cause shall so stipulate in writing, by their attorneys and solicitors, such cause may be heard and determined by two justices of the court without calling in any of the justices of the supreme court of the District of Columbia: And provided also, That all motions to dismiss

—may hear motions, etc.

appeals and other motions may be heard by two justices in the event of the absence or disqualification of any one of the justices as aforesaid: And provided further, That if in any cause heard before two justices

—division in opinion.

as aforesaid the court shall be divided in its opinion, then the judgment or decree of the lower court shall stand affirmed.

Sec. 226.

Jurisdiction.—Any party aggrieved by any final order,

Jurisdiction.

judgment, or decree of the supreme court of the District of Columbia, or of any justice thereof, “including any final order or judgment in any case heard on appeal from a justice of the peace,” may appeal therefrom to the said court of appeals; and upon such appeal the court of appeals shall review such order, judgment, or decree, and affirm, reverse, or modify the same as shall be just, except as provided in the following sections. Appeals shall also be allowed to said court of appeals from all interlocutory orders of the supreme court of the District of Columbia, or by any justice thereof, whereby the possession of property is changed or affected, such as orders for the appointment of receivers, granting injunctions, dissolving writs of attachment, and the like; and also from any other interlocutory order, in the discretion of the said court of appeals, whenever it is made to appear to said court upon petition that it will be in the interest of justice to allow such appeal.

Sec. 227.

Appeals from police court.—If, upon the trial of any

Appeals from police court.

cause in the police court, an exception be taken by or on behalf of the United States, the District of Columbia, or any defendant to any

Bill of exceptions.

ruling or instruction of the court upon matter of law, the same shall be reduced to writing and stated in a bill of exceptions, with so much of the evidence as may be material to the question or questions raised, which said bill of exceptions shall be settled and signed by the judge within such time as may be prescribed by rules and regulations which shall be made by the court of appeals of the District of Columbia for the transaction of business to be brought before it under this section,

Writ of error, etc.

and for the time and method of the entry of appeals and for giving notice of writs of error thereto from the police court of the District of Columbia; and if. upon presentation to any justice of the court of appeals of the District of Columbia of a petition which, in the case of a defendant, shall be verified, setting forth the matter or matters so excepted to, such justice shall be of opinion that the same ought to be reviewed, he may allow a writ of error in the. cause, which shall issue out of the said court of appeals, addressed to the judge of the police court, who shall forthwith send up the information tiled in the cause and a transcript of the record therein, certified under the seal of said court, to said court of appeals for review and such action as the law may require, which record shall be filed in said court of appeals within such time as may be prescribed by the court of appeals, as hereinbefore provided. Any party desiring the benefit of the pro-visions of this section shall give notice in open court of his or its intention to apply for a writ of error upon such exceptions and

Proviso.

—bond.

thereupon proceedings therein shall be stayed for ten days: Provided, That the defendant seeking an appeal shall then and there enter into recognizance, with sufficient surety to be approved by the judge of the police court, conditioned that in the. event of a denial of his application for a writ of error he will, within five days next after the expiration of said ten days appear in said police court and abide by and perform its judgment, and that in the event of the granting of such writ of error he will appear in said court of appeals of the District of Columbia and prosecute the writ of error and abide by and perform its judgment in the premises. Upon failure of any defendant to enter into the recognizance provided for in this section the sentence of the police court shall stand and be executed; otherwise execution shall be stayed pending proceedings upon his application for a writ of error and until final disposition thereof by the said court of appeals.

Sec. 228.

Appeals from Commissioner of Patents.—The determination of appeals from the. decisions of the Commissioner of Patents shall remain vested in said court of appeals, as provided by the Act approved February ninth, eighteen hundred and ninety-three, chapter seventy-four, entitled “An Act to establish a court of appeals for the District of Columbia, and for other purposes,” and any party aggrieved by a decision of the Commissioner of Patents in any interference case may appeal therefrom to said court of appeals.

Sec. 229.

Opinions.—The. opinion of the said court of appeals in every case shall be rendered in writing, and shall be filed in such case

Reporter.

as a part of the record thereof, and the said court of appeals is authorized to appoint a reporter, who shall serve during the pleasure of the court and with a salary of one thousand dollars per annum, and whose duty shall be to report, edit, and publish, in form to be prescribed by the court, its opinions.

Reports to be furnished Justices, etc.

And the said reporter shall furnish and deliver one copy of each volume of the reports of said opinions which shall have been published at the date of the passage of this code to each of the justices of the said court of appeals, the supreme court, and the judges of the police court of said District, immediately after the passage hereof, and shall there-after furnish and deliver one copy of each volume of the reports of said opinions that shall thereafter be published immediately after the issue thereof to each of said justices and judges, and the copies so received by each of them shall, in ease of his death, resignation, or removal from office, be delivered to his successor. And there is hereby

Appropriation.

appropriated, out of any moneys in the Treasury not otherwise appropriated, such sums as may be necessary to pay the said reporter therefor at the rate of not exceeding five dollars per volume; and such appropriations shall be deemed permanent and annual appropriations, and one-half thereof shall be paid out of the revenues of the District of Columbia.

Sec. 230.

Writs.—The said court of appeals shall have power to

Writs.

issue all necessary and proper remedial prerogative writs in aid of its appellate jurisdiction.

Sec. 231.

Marshal to execute orders.—The marshal of the

Marshal to execute orders.

United States for the District of Columbia shall execute the orders and processes of the court of appeals in the same manner as he executes those of the supreme court of the District.

Sec. 232.

Half of salaries paid by District of Columbia.—One-half

Half of justices’ salaries paid by District of Columbia.

of the amounts paid on account of salaries of the justices of the court of appeals shall be paid from the revenues of the District of Columbia.

Sec. 233. THE SUPREME COURT OF THE UNITED STATES.

Any final judgment or decree of the court of appeals may

Appeal, etc., to from court of appeals.

be reexamined and affirmed, reversed, or modified by the Supreme Court of the United States, upon writ of error or appeal, in all cases in which the matter in dispute, exclusive of costs, shall exceed the sum of five thousand dollars, in the same manner and under the same regulations as existed in cases of writs of error on judgments or appeals from decrees rendered in the supreme court of the District of Columbia on February ninth, eighteen hundred and ninety-three, and also in eases, without regard to the sum or value of the matter in dispute, wherein is involved the validity of any patent or copyright, or in which is drawn in question the validity of a treaty or statute of, or an authority exercised under, the United States.

Sec. 234.

In any case heretofore made final in the court of appeals it shall be competent for the Supreme Court of the United States to require, by certiorari or otherwise, any such case to be certified to said Supreme Court for its review and determination, with the same power and authority in the ease as if it had been carried by appeal or writ of error to said Supreme Court.

Sec. 259. EXECUTORS, ADMINISTRATORS, AND COLLECTORS.

Estate to be administered.—On the death of any person

Estate to be administered.

domiciled in the District of Columbia leaving real or personal estate, or both, therein, all his personal estate and so much of his real estate as shall be necessary in addition thereto for the payment of his debts shall be the subject of administration under authority and direction of the probate court.

Sec. 260.

Lien of creditors.—On the death of any person not

Administration of real estate of nonresident to pay claims of resident creditors.

domiciled in the District of Columbia at the time of his death so much of his real estate in the District of Columbia as may be necessary for the payment and discharge of just claims against him of creditors and persons domiciled in the District of Columbia shall also be the subject of administration under authority and direction of the probate court, irrespective of the personal estate of such decedent: Provided, The

Proviso.

—time for prosecuting claims.

prosecution of such claims is begun in said court within one year after the death of such decedent.

Sec. 261.

Competency of executors, and so forth.—No letters testamentary or of administration shall be granted to a person convicted of an infamous offense, or to an idiot or lunatic, or person non compos mentis, or one under eighteen years of age, or to an alien; and all questions as to the disqualification on any of said grounds of any person claiming to be entitled to letters testamentary or of administration shall be determined by the probate court, after such notice to the said persons as the court may direct.

Sec. 262.

Letters testamentary.—When any will or codicil respecting either real or personal property shall have been authenticated and admitted to probate, letters testamentary thereon shall be issued to the executor named therein, if he is legally competent and will

Provisos.

Bond of executor.

accept the trust: Provided, That he shall first execute a bond to the United States, with security to be approved by the court, in such penalty as the court may require, with a condition that he will administer according to law and to the will of the testator all his goods, chattels, rights, and credits, and the proceeds of all his real estate that may be sold for the payment of his debts or legacies which shall at any time come to the possession of the executor or to the possession of any other person for him, and in all other respects faithfully perform the

—oath.

trusts reposed in him: And provided further, That said executor shall take and subscribe and tile an oath that he will well and truly administer the estate of the deceased according to law and will give a just account of his administration when thereto lawfully called: Provided,

—corporations not included.

That the above conditions as to bond and oath shall not apply to corporations authorized to act as executors.

Sec. 263.

Bond, when not required.—Whenever a testator shall, by last will and testament, request that his executor be not required to give bond for the performance of his duty, in such case the bond required of the executor shall be in such penalty as the court may consider sufficient to secure the payment of the debts due by the

Provisos.

—limit of penalty.

testator: Provided, however, That the penalty of such bond shall not exceed double the value of the personal estate; and when less than this sum it may be increased, or an additional bond may be required, whenever it shall be made to appear to the court that the bond as given is insufficient to secure the payment of the debts of the

—increase where assets in danger, etc.

testator: And provided further, That whenever any creditor, distributee, or legatee entitled to take under the will shall make it appear to the court that any executor who has given such bond only as is herein provided for is wasting the assets of the estate, or that the assets are in danger of being lost, wasted, or misappropriated, then the said executor may be removed or required to give additional bond with security in a penalty sufficient to secure the interests of all the creditors, distributees, and legatees entitled to take said estate, and on his failure to give bond as required his letters may be revoked; and upon such revocation the same results shall ensue as hereinafter provided in section two hundred and ninety-six.

Sec. 264.

Executor residuary legatee.—If the executor is the residuary legatee of the personal estate of the testator, or provided the residuary legatee of full age shall notify his consent to the court, he may, instead of the bond prescribed as aforesaid, give bond with security approved by the court, and in a penalty prescribed by the court, conditioned to pay all the debts and just claims against the testator, and all damages which shall be recovered against him as executor, and all legacies bequeathed by the will, in which case he shall not be required to file any inventory or render any account. And if such bond be given by the executor, he shall be answerable for the full amount of all debts, claims, and damages that may be recovered against him as executor as if he were sued in his own right, and any legatee may recover the full amount of his legacy in a suit on the executor’s bond or in equity, and the giving of the bond shall be considered an assent to the legacy: Provided, That the surety or sureties

Proviso.

—liability of sureties.

in said bond shall not be liable for a greater amount than the penalty thereof.

Sec. 265.

Joint executor.—When two or more persons are appointed

Joint executor.

executors, the court may take a separate bond with security from each of them or a joint bond with security from all of them together.

Sec. 266.

Letters of administration cum testamento annexo.—

Letters of administration cum testamento annexo.

If there be only one executor named in the will, and he shall have been present at the probate of the will, and shall not within twenty days thereafter file a bond and qualify as executor by taking the oath aforesaid, letters of administration with the will annexed may be granted as if no executor had been named.

Sec. 267.

Absent executor.—If said executor shall not have been

Absent executor.

present at the probate of the will, but shall be within the District, a summons may be issued to him, either at the instance of any person interested or ex officio by the register of wills, requiring him to appear and file his bond as required by law within twenty days after service of said summons; and if he be not found in said District, notice shall be given to him by publication to appear within thirty days after the first publication of said notice, and on his failure to appear and give his bond and qualify by taking the prescribed oath, as aforesaid, administration may be granted as if no executor had been named in the will.

Sec. 268.

Summons to each of several executors.—If there be

Summons to each of several executors.

more than one executor named in a will, there may be the same proceeding with respect to each of them as if he were the sole executor, and any circumstances under which letters of administration may be granted on failure of a sole-named executor shall authorize the granting of letters testamentary to one or more of the executors on failure of one or more of the others; and any circumstances under which letters of administration may be granted on failure of a sole-named executor shall authorize the granting of such letters of administration on failure of all the executors named to appear and qualify as aforesaid.

Sec. 269.

Renunciation.—If any executor named in a will shall file

Renunciation.

or transmit to the probate court an attested renunciation of his executorship, there shall be the same proceeding with respect to granting letters testamentary or of administration as if the party so renouncing had not been named in the will.

Sec. 270.

Executor disqualified.—If any person named as executor

Executor disqualified.

be disqualified from serving, letters testamentary or of administration may be granted as if he had not been named as executor.

Sec. 271.

No power to act without letters.—In case letters

No power to act without letters.

testamentary shall be granted to one or more of the executors named in a will on failure of the rest, no executor not named in said letters shall in any manner interfere with the administration; and if letters of administration with the will annexed shall be granted, no executor named in the will shall in any manner interfere with the administration; and no executor named in a will shall, before letters testamentary are granted to him, have any power to dispose of any part of the estate of the deceased or to interfere therewith, further than is necessary to collect and preserve the same.

Sec. 272.

Form.—The following shall be the form of letters testamentary

Form of letters.

to be issued under the seal of the probate term of the supreme court of the District of Columbia:

District of Columbia, to wit:

The United States of America.

To all persons to whom these presents shall come, greeting:

Know ye that the last will and testament of _ _ _ _ _, of _ _ _ _ _, deceased, hath, in due form of law, been exhibited, proved, and recorded in the office of the register of wills of the District of Colum-bia, a copy of which is to these presents annexed, and administration of all the goods, chattels, and credits of the deceased is hereby granted and committed unto _ _ _ _ _ , the executor by said will appointed.

Witness (A B) the chief justice of the supreme court of the District of Columbia, this _ _ _ _ _ day of _ _ _ _ _

Test:

C D, Register of Wills.

Sec. 273.

Letters of administration.—On the death of any person leaving real or personal estate in the District, letters of administration on his estate may be granted, on the application of any person interested, on proof, satisfactory to the probate court, that the decedent died intestate.

Sec. 274.

Bond.—Every administrator, except corporations authorized to act as administrators, shall, before entering on his duties, file in the probate court his bond to the United States, with security approved by the court, in such penalty as the court shall direct, with condition to administer according to law all the money, goods, chattels, rights, and credits of the deceased; and when the court shall have ordered the sale of the decedents real estate, he shall give a like bond conditioned to administer the proceeds of the real estate that may be sold for the payment of the decedent's debts which shall come into his possession, or to the possession of any other person for him, and

—oath

in all other respects perform the trust reposed in him. and shall also take and subscribe an oath similar to that prescribed for executors.

Sec. 275.

Special bond.—If the person appointed as administrator shall be entitled to the residue of the estate after the payment of the debts, he may, instead of the bond herein provided for. execute a bond, with security approved by the court, in such penalty as the court may consider sufficient, conditioned for the payment of all the debts and claims against the deceased, and all damages which shall be recovered against him as administrator, in which ease he shall not be required to return any inventory or account; and in such case the administrator shall be personally answerable for all debts, claims, and damages that may be recovered against him, in like manner as the executor who

Proviso.

—sureties liability.

gives a similar bond: Provided, That the surety or sureties in said bond shall not be liable for a greater amount than the penalty thereof.

Sec. 276.

Persons entitled.—If the intestate leave a widow and a child or children, administration, subject to the discretion of the court, shall be granted either to the widow or child, or one or more of the children, qualified to act as administrator, and further subject to the discretion of the court as follows:

Sec. 277.

If there be a widow and no child the widow shall be preferred, and next to the widow or children a grandchild shall be preferred.

Sec. 278.

If there be neither widow, nor child, nor grandchild to act, the father shall be preferred; and if there be no father the mother shall be preferred.

Sec. 279.

If there be neither widow, nor child, nor grandchild, nor father, nor mother to act, brothers and sisters shall be preferred.

Sec. 280.

If there be neither widow, nor child, nor grandchild, nor father, nor mother, nor brother, nor sister, the next of kin shall be preferred.

Sec. 281.

Males shall be preferred to females in equal degree.

Sec. 282.

Relations of the whole blood shall be preferred to those of the half blood in equal degree, and relations of the half blood shall be preferred to relations of the whole blood in a remoter degree.

Sec. 283.

Relations descending shall be preferred to relations ascending, in the collateral line; that is to say, for example, a nephew shall be preferred to an uncle.

Sec. 284.

None shall be preferred in the ascending line beyond a father or mother, or in the descending line below a grandchild.

Sec. 285.

A feme sole shall be preferred to a married woman in equal degree.

Sec. 286.

Relations on the part of the father shall be preferred to those on the part of the mother, in equal degree.

Sec. 287.

If any person described in the foregoing sections should

—incompetence of above to serve.

be incompetent to serve, then administration shall be granted as if such person were not living.

Sec. 288.

If there be no relations, or those entitled decline or refuse

Administration by creditor, etc.

to appear and apply for administration, on proper summons or notice, administration may be granted to the largest creditor applying for the same; and if creditors neglect to apply, it may be granted at the discretion of the court.

Sec. 289.

Notice or application.—Upon any application for letters

Notice of application.

of administration, such notice thereof shall be given, by publication or otherwise, as the rules of the court may require; but it shall not be necessary to notify any collateral relatives more remote than brothers and sisters of the intestate.

Sec. 290.

Will proved after letters granted.—If administration

Will proved after letters granted.

be granted, and a will disposing of the estate of the deceased shall afterwards be proved, according to law, and letters testamentary shall have issued thereon, the same shall be considered a revocation of the letters of administration. But all acts done by the administrator according to law, before any actual or implied revocation of his letters, shall be valid and effectual, and the executor obtaining letters shall be authorized to prosecute any actions at law or in equity commenced by the administrator and obtain judgment in his own name, and likewise to defend any suit commenced against the administrator; and said executor shall have the benefit of all judgments obtained by the administrator and be bound by all judgments obtained against him to the extent of assets received by said executor, unless said judgments were obtained by fraud. And it shall be the duty of said administrator to account for and deliver to the executor without delay all goods, chattels, and personal estate and proceeds of any realty sold in bis possession, belonging to the deceased, in default of which his bond may be put in suit by the executor or administrator cum testamento annexo.

Sec. 291.

Declining administration.—If any person entitled to

Declining administration.

administration shall, in writing, decline the same, the court shall proceed as if such person were not entitled.

Sec. 292.

Resignation.—If any person, after having accepted the

Resignation of executor, etc.

office of executor or administrator, shall desire to retire from and resign the same, he may tile his petition to that effect, accompanied by a full and particular account, under oath, of his receipts and disbursements, if any. and the court shall thereupon direct such notice as it may think proper to be given of said application, and. if no cause be shown to the contrary, may release and discharge him from his office and pass such order as to costs and commissions and impose such terms in other respects as the nature of the ease may require: Provided,

Proviso.

That such executor or administrator shall not, by said discharge, be

—liability after release for past acts.

released from any liability for past acts, defaults, or omissions of duty.

Sec. 293.

Form.—The form of letters of administration shall be as

Form.

follows:

District of Columbia, to wit:

The United States of America.

To all persons to whom these presents shall come, greeting:

Know ye that administration of the goods, chattels, and credits of _ _ _ _ _ , late of _ _ _ _ _, deceased, is hereby granted and committed unto _ _ _ _ _, of _ _ _ _ _

Witness (A B) the chief justice of the supreme court of the District of Columbia.

Test:

C D, Register of Wills.

Sec. 294.

Persons over eighteen years of age.—In case letters testamentary or of administration shall be granted to any person above eighteen but under twenty-one years of age, the bond executed by him for the faithful performance of his duties shall be as binding as if he were of full age.

Sec. 295.

Application for letters.—Whenever any person shall apply to the probate court for letters testamentary or of administration, he shall set forth, under oath, as fully as possible, all the personal and real estate left by the decedent and the amount of his debts as far as can be ascertained; and the penalty of the bond required of him, except in the cases provided for in section two hundred and sixty-three, two hundred and sixty-four, and two hundred and seventy- five aforesaid, shall be sufficient to secure the proper application of all the personal estate of the testator or intestate; and when it shall become necessary to sell the real estate of the decedent, in part or in whole, the executor or administrator shall give such additional bond, with approved security, as shall be directed by the court, to secure the proper application of the proceeds arising from such sale or sales. And whenever an executor is empowered by the will to make sale of the real estate of the testator, for any purpose, he shall account for said proceeds in said court.

Sec. 296.

Additional bond.—Whenever the probate court shall be satisfied that the bond already given by an executor or administrator is insufficient, the said executor or administrator may be required to file an additional bond, and on his failure to do so his letters may be revoked. And upon the revocation of letters testamentary or of administration under this provision, the executor or administrator whose letters are so revoked shall forthwith deliver to any substituted executor or administrator all the assets of his testator or intestate in his possession or under his control.

Sec. 297.

Actions on bonds.—Every bond executed by an executor or administrator shall be recorded in the office of the register of wills;

—copy of, to be furnished.

and any person conceiving himself to be interested in the administration of the estate shall be entitled to have or demand a copy of such bond, under the hand and seal of the register of wills, on which an

—actions on.

action may be maintained, in the name of the United States, for the use of the party interested, and judgment may be recovered in such action for the damage actually sustained. And an administrator appointed in the place of an executor or administrator who has resigned, been removed, or whose letters have been revoked, may in like manner maintain an action against the executor or former administrator and his sureties, on his administration bond, for all loss and damage to the estate resulting from this breach of duty. No creditor shall be entitled to maintain an action on a testamentary or administration bond for any claim against a testator or intestate until an action has been commenced against the executor or administrator of the deceased and a summons issued therein has been returned “Not to be found,” or a writ of fieri facias or of attachment, issued on a judgment against such executor or administrator, has been returned “nulla bona,” or until such apparent insolvency of the executor or administrator or insufficiency of his effects as in the judgment of the court before which such action may be tried shall show the said creditor to be without remedy except by such action on the executor’s or administrator’s bond.

Sec. 298.

Death, and so forth, of executor named.—In case any will admitted to probate shall not appoint an executor, or the executor therein appointed shall have died or renounced the executorship, or

—to whom administration granted.

shall be incompetent to serve, administration shall be granted with the will annexed to the person who would have been entitled to

Proviso.

administration in case of the intestacy of the deceased testator: Provided, how-ever, That if there be a residuary legatee named in such will, he shall

—persons preferred.

be preferred to all, except a widow. And the condition of the bond

—bond and oath of appointee.

of the administrator so appointed and the oath to be taken by him and his duties and liabilities shall be the same if he had been appointed executor in the will and had received letters testatmentary.

Sec. 299.

Letters pe bonis non.—If an executor or administrator

Letters debonis non,

shall die before the administration of the estate is completed, letters of administration de bonis non or de bonis non cum testamen to an nexo, as the case may require, shall be granted, in the discretion of the court, giving preference, however, to the person who would be entitled in the order hereinbefore given, if he shall actually apply for the same; and the form of the letters shall be the same as in the case of an original

—form.

administration, except that it shall be confined to the property of the deceased not already administered, and the authority shall be to administer all property herein described as assets and not distributed and delivered or retained by the executor or former administrators, under the court’s direction.

Sec. 300.

Executor of executor.—In no case shall the executor

Executor of executor.

of an executor, as such, be entitled to administration de bonis non on the estate of the first deceased.

Sec. 301.

Orders against representative of deceased.—On

Orders against representative of deceased.

the application of an administrator de bonis non the court may order the executor or the administrator of a deceased executor or administrator to deliver over to him all the personal property that was in the hands of the said deceased executor or administrator, as such, and also all the money, bonds, notes, accounts, and evidences of debt which the said deceased executor or administrator may have taken, received, and had at the time of his death, including the proceeds of sale of either personal or real estate made by said deceased executor or administrator, which shall be deemed unadministered assets.

Sec. 302.

On the failure of said executor or administrator to comply

—failure of said executor or administrator to comply.

with said order by a day named, the court may enforce its order by attachment against such executor or administrator, and may direct the bond of the deceased executor or administrator, or that of the executor or administrator so failing, or both, to be put in suit for the use of the administrator de bonis non.

Sec. 303.

The executor or administrator of the deceased executor

—return of list of bonds, etc.

or administrator shall return, on oath, to the court, on or before the day named as aforesaid, a list of the bonds, notes, accounts, and money aforesaid, and shall be entitled to retain out of the money such com-mission as the court shall allow, not exceeding ten per centum on the principal inventory, and the personal estate and money turned over by him shall be assets in the hands of the administrator de bonis non, to be accounted for by him as such.

Sec. 304.

Letters ad colligendum.—Letters ad colligendum may

Letters ad colligendum.

be granted to one or more persons in case of a contest in relation to a will, or the absence of the executor from the District, or his delay in qualifying, or for other sufficient cause, and the form of such letters shall be as follows:

To all persons to whom these presents shall come, greeting:

Know ye that, whereas _ _ _ _ _,of _ _ _ _ _, deceased, had, as

—form.

is said, at his decease, personal property within the District of Columbia, administration whereof can not immediately be granted, but which, if speedy care be not taken, may be lost, destroyed, or diminished, to the end that the same may be preserved for those who may appear to have a legal right or interest therein, we do hereby request and authorize _ _ _ _ _, of _ _ _ _ _, to secure and collect said property, wheresoever the same may be. in said District, whether the same be goods, chattels, debts, or credits, and to make a true inventory thereof and exhibit the same with all convenient speed, with an account of his collections, into the office of the register of wills.

Witness (A B) the chief justice of the supreme court of the District of Columbia.

Test:

C D, Register of Wills.

Sec. 305.

Every collector, except corporations authorized to act as such, before letters shall be issued to him. shall execute a bond to the United States, in a penalty and with security to be approved by said court, with the following condition:

“The condition of the above obligation is such that if the above bounden _ _ _ _ _ shall well and honestly discharge the office of collector of the goods, chattels, and personal estate of _ _ _ _ _, deceased, in the District of Columbia, and shall make or cause to be made a true and perfect inventory or inventories of such of said goods, chattels, personal estate, and debts as shall come to his possession or knowledge and make return of the same to the probate court of the District, and shall also deliver to the person or persons who shall be authorized by the court to receive them such of said goods, chattels, personal estate, and debts as shall come to his possession, except such as shall be allowed for by said court, then the said obligation shall be void; it shall otherwise be in full force and virtue at law.” And he shall also take and subscribe the following oath: “I, _ _ _ _ _, do swear that I will well and truly discharge the office of collector of the goods, chattels, and personal estate of _ _ _ _ _, deceased, according to the tenor of the letters granted me by the probate court of the District of Columbia and the directions of law, to the best of my knowledge, so help me God.”

Sec. 306.

Duties of collector.—The collector shall collect the goods, chattels, and personal estate of the deceased, including the debts due him. and cause the same to be appraised and return an inventory thereof, as an administrator is required to do, and may, under the authority of the court, sell perishable articles and bring suits for debts or other property, as an administrator may do, and shall account for the money recovered. Said collector may be allowed a commission on the property and debts actually collected, and afterwards delivered to the executor or administrator, not exceeding three per centum, and said collector may be authorized and directed by the court to discharge, pendente lite, all or any of the duties of an administrator, including the payment of debts.

Sec. 307.

When powers to cease.—On the granting of letters testamentary or of administration the power of any such collector shall cease, and it shall be his duty to deliver, on demand, all the property and money of the decedent in his hands, except as before excepted, to the person obtaining such letters, and the executor or administrator may be permitted to prosecute any suit commenced by said collector as if the same had been begun by said executor or administrator.

Sec. 308.

If the said collector shall neglect or ref use to deliver over the property and estate to the executor or administrator, the court may, by citation and attachment, compel him to do so, and the executor or administrator may also proceed, by civil action, to recover the value of the assets from him and his sureties by action on his bond. Such collector shall not be liable to an action by any creditor of the deceased.

Sec. 309. INVENTORY.

Inventory to be made.—Every executor, administrator, or collector shall, within three months after his appointment, or such longer time as the court may allow, make and return, upon oath, into court a true inventory of all the goods, chattels, moneys, and credits of the deceased which are by law to be administered and which shall have come to his possession or knowledge; and if the court shall think fit it may also order him to include in the inventory all the real estate of the deceased: Provided, That this section shall not apply to the cases provided for in sections two hundred and sixty-four and two hundred and seventy-five of this code.

Sec. 310.

Appraisers.—On the granting of letters testamentary or

Appraisers.

of administration, except in the aforesaid excepted cases, a warrant shall issue to two suitable persons not interested in the estate, to appraise the estate of the deceased, known to them or shown to them by the executor or administrator, and they shall severally take and

—oath.

subscribe an oath well and truly, without partiality or prejudice, to value the goods, chattels, and personal estate and real estate (if so directed) or the deceased, as far as the same shall come to their knowledge, to the best of their skill and judgment.

Sec. 311.

On the death, refusal, or neglect of any appraiser to act

—refusal to act.

another person may be appointed in his stead.

Sec. 312.

Notice.—It shall be the duty of the executor, administrator,

Notice.

or collector and of the appraisers to give notice to the persons immediately interested in the administration, or at least two of them, if they are numerous, of the time and place, of making said appraisement, and thereupon they shall proceed at said time and place to value said property and estate, setting down each article or item separately, with the value thereof, in dollars and cents, and when such appraisement shall have been completed they shall certify the same under their hands and seals, and the same shall be returned with the inventory.

Sec. 313.

Contents of inventory.—The inventory shall contain

Contents of inventory.

a particular statement of all bonds, mortgages, notes, and other securities for the payment of moneys belonging to the deceased, and of all other debts and accounts due him, which are known to the executor, administrator, or collector, who shall designate those debts which he considers sperate and those which he considers desperate, and also an account of all moneys belonging to the deceased which shall come to his hands. And whenever, after an inventory has been returned, assets not therein included shall come to the knowledge of the executor, administrator. or collector an additional inventory and appraisement shall be promptly prepared and filed in the manner aforesaid.

Sec. 314.

Exceptions.—There shall be excepted from the inventory

Exceptions from inventory.

the wearing apparel of the deceased, family pictures, the family Bible, and schoolbooks used in the family, and provisions for the support of the family on hand at the time, of decedent’s death. But if said decedent shall have been the head of a family, or a householder, the property exempt under chapter twenty-seven, as therein stated, shall so continue exempt from all claims against said decedent, and shall be distributed by the court to such members of the family or household as in the judgment of the court the necessity and exigencies of the particular ease may require.

Sec. 315.

Collector’s inventory.—In case an inventory shall be

Collector’s Inventory.

returned by a collector, duly appointed, the executor or administrator thereafter administering shall, within three months after his appointment, either return a new inventory in place of the collector’s inventory or an acknowledgment in writing that he has received from the collector the articles contained in the first inventory, and consents to be answerable for the same, as if said inventory had been made out by him as administrator, unless it shall appear that he has been prevented from making such return by the improper detention of the personal estate of the deceased by the collector.

Sec. 316.

Executor, and so forth, neglecting.—If there be

Executor, etc., neglecting.

more than one executor or administrator, any one or more of them, on the neglect of the rest, may, if authorized by the court, return an inventory.

Sec. 317.

What are assets.—Leases for years, estates for the life of another person or other persons, and all goods, wares, merchandise, utensils, furniture, things annexed to the freehold which may be removed without prejudice thereto, the growing crop on the land ol the deceased, and every other species of personal property, not including the clothing of the widow and minor children of the deceased and personal ornaments suitable to their station, shall bo included in the inventory, and, together with the proceeds of any real estate sold for the payment of debts, shall be considered assets to be administered by an executor or administrator.

Sec. 318.

Debtor appointed executor.—The discharge or bequest, in a will, of any debt or demand of a testator against any executor named in a will, or against any other person, shall not be valid as against the creditors of the deceased, but shall be construed only as a specific bequest of such debt or demand, and the amount thereof shall be included in the inventory of the effects of the deceased and be asset; for the payment of his debts, if necessary for that purpose, and, if not so necessary, shall be paid in the same manner and proportion as other specific legacies.

Sec. 319.

The naming of any person as executor in a will shall nolt operate as a discharge or bequest of any just claim which the testator had against such executor; but such claim shall be included among the credits and effects of the deceased in the inventory, and the executor shall be liable for the same, as for so much money in his hands, at the time such debt or demand becomes due; and he shall apply and dis-tribute the same, in the payment of debts and legacies and among the next of kin, as part of the personal estate of the deceased.

Sec. 320.

On the failure of the executor to give in such claim in the list of debts due the deceased, any person interested in the administration may allege the same by petition to said probate court, and the said court, with consent of the parties, may decide on the same, or it may be referred by the parties, with the court’s approval; or at the instance of either party the court may direct an issue to be tried by a jury; and if said claim shall in any of such proceedings be decided to be a just claim of the decedent against the executor, said executor shall be charged with the amount thereof as aforesaid.

Sec. 321.

Debt due by administrator.—In like manner it shall be the duty of every administrator to give in a claim against himself, and on his giving it, or failure so to do, there shall be the same proceeding as above described with regard to an executor.

Sec. 322.

Sales of personal estate.—In case any executor or administrator shall not have money sufficient to discharge the just debts of and claims against the decedent, the probate court shall, on his application, made after the return of an inventory, direct a sale of the personal property therein contained, or of such part as the court may think proper, and in such manner and on such terms as the court may direct. The court shall have power to direct a sale as aforesaid, if deemed by the court advantageous to the persons interested in the administration, on the application of any of the said persons.

Sec. 323.

Order for sale.—No executor or administrator shall sell any property of his decedent without an order of the probate court authorizing such sale; and any such sale made without a previous order authorizing it shall be void and pass no title to the purchaser. If any executor or administrator shall sell, pledge, or dispose of any property without such previous order, his letters may be revoked and an administrator appointed, whose duty it shall be immediately to recover possession of said property, and such removed executor or administrator may be proceeded against by attachment; but where there are two or more executors or administrators, and a sale, pledge, or disposition of property has been made without the consent or all, the revocation shall only extend to the person or persons so offending, and the remaining executors or administrators shall have power to discharge the duties of their office and institute proceedings for the recovery of the property and attachment as aforesaid.

Sec. 324.

The preceding section shall not be construed to apply to

—scope of section limited.

any case where an executor shall be authorized by will of his testator to make sale of any property.

Sec. 325.

Power of sale to executor.—In all cases in which a

Power of sale to executor.

testator has directed his real estate to be sold for the payment of his debts or legacies, the executor may sell and convey the same, and shall account for the proceeds thereof to the probate court in the same manner that he is bound to account for the proceeds of personal estate: but such sale shall not be valid unless ratified by said court after notice given by publication according to the practice in equitv. In case the

—refusal to act.

executor shall refuse or decline to act, or shall die without executing the power vested in him, it shall be lawful for the court, on the application of any person interested, to appoint an administrator de bonis non with the will annexed to execute such power in the same manner in which the executor appointed by the will might have done.

Sec. 326.

Survivor of several trustees.—In all cases where two

Survivor of several trustees may act.

or more trustees shall be appointed by last will to execute a trust, or shall be empowered to sell, dispose of. or convey lands or other property devised to them jointly, upon the death of any one or more of them the survivor or survivors shall be held authorized to execute such trust or power; and if any one of such trustees shall in writing, signed by him and attested by a witness, relinquish or disclaim said trust or refuse to act under said will, and shall deliver such writing to the probate court of the District for record, the right of such trustee to act shall cease, and the remaining trustee or trustees appointed by said will shall be authorized to execute the trusts of said will and make all sales and execute all conveyances and other acts necessary for that purpose.

Sec. 327.

Suits by and against executors, and so forth.—

Suits by and against executors, etc.

Executors and administrators shall have full power and authority to commence and prosecute and personal action at law or in equity which the testator or intestate might have commenced and prosecuted, except actions for slander and for injuries to the person: and they shall also be liable to be sued in the supreme court of said District in any action at law or in equity, except as aforesaid, which might have been maintained against the deceased; and they shall be entitled to or answerable

—costs.

for costs in the same manner as the deceased would have been, and shall be allowed for the same in their accounts, unless it shall appear that there were not probable grounds for instituting or defending the suits in which judgments or decrees shall have been given against them.

Sec. 328.

Judgments against executors, and so forth.—If the verdict of the jury in any suit against an executor or administrator be against such executor or administrator, or if he shall be willing to con-fess judgment, and the debt or damages which the deceased (if he or she were alive) ought to pay be ascertained by verdict, or confession, or otherwise, the court shall thereupon assess the sum which the executor or administrator ought to pay. regard being had to the amount of assets in his hands and the debts due to other persons; and if it shall appear to the court that there are assets to discharge all just claims against the deceased, the judgment shall be for the whole debt or damages found by the jury, or confessed, or otherwise ascertained, and

—insufficient assets, etc.

costs; and if it shall appear to the court that there are not assets to discharge all such just claims, the judgment shall be for such sum only as bears a just proportion to the amount of the debt or damages and costs, regard being had to the amount of all the just claims and of the assets—that is to say, as the amount of all the said claims shall be to the assets, so shall the amount of the said debt or damages and costs be to the sum required, for which judgment is to be given.

Judgment not to be passed until time for filing account has expired.

And in no case shall the court proceed to assess as aforesaid and to pass such judgment against an executor or administrator until the time limited by law or by the court for the executor or administrator

Proviso.

Executor’s oath of insufficient assets, etc.

to pass his account shall have expired: Provided, That the said executor or administrator shall make oath (or affirmation, as the ease may require) that he hath not assets to discharge all such just claims; and the account settled by the probate court, in which the debt or damages sued for ought to be stated, shall be evidence to show the amount of assets and claims: and the court shall have power, when the real debt or damages are ascertained, to refer the matter to an auditor to ascertain the sum for which judgment shall be given; and in case the judgment shall be for a sum inferior to the real debt or damage and costs, it shall go on and say “that the plaintiff be entitled to such further sum as the court shall hereafter assess on discovery of further assets in the hands of the defendant;” and the court, at any time afterwards, when applied to by the plaintiff, on three days’ notice to the defendant or his attorney, may assess and give judgment for such further proportionable sum as the plaintiff shall appear entitled to, regard being had as aforesaid to the amount of the debt and other claims; and on any judgment passed as aforesaid a fieri facias may issue against the defendant, and either his own goods or the goods of the deceased may be thereupon taken and sold, and it shall be the duty of the executor or administrator to discharge said judgment or put it on a footing with other just claims, and on failure his administration bond may be put in suit by the plaintiff.

Sec. 329.

Foreign executors and administrators.—It shall be lawful for any person or persons to whom letters testamentary or of administration have been granted by the proper authority in any of the United States or the Territories thereof to maintain any suit or action and to prosecute and recover any claim in the District in the same manner as if the letters testamentary or of administration had been granted to such person or persons by the proper authority in the said District; and the letters testamentary or of administration, or a copy thereof certified under the seal of the authority granting the same, snail be sufficient evidence to prove the granting thereof, and that the person or persons, as the case may be, hath or have

Proviso.

—bond of, etc.

administration: Provided, nevertheless, That the probate court of the District shall have the power, upon the petition of anyone interested, to require from such person or persons the security required by law in like cases from a resident administrator or executor, or the said court may grant auxiliary or ancillary letters, as the case may require, to the same or other persons.

Sec. 330.

Debts to be proved.—No executor or administrator

Rules for proving.

shall discharge any claim against his decedent (otherwise than at his own risk) unless the same be first passed by the probate court, or unless the said claim shall be proved according to the following rules:

Sec. 331.

Vouchers.—The voucher or proof of a judgment or decree

Voucher of judgment of decree.

shall be a short copy thereof under seal, attested by the clerk of the court where it was obtained, who shall certify that the said judgment or decree hath not been satisfied. There shall likewise be a certificate of some person authorized to administeran oath, indorsed on or annexed to a statement of the debt due on such judgment or decree, that the creditor or his agent since the death of the deceased hath taken before him the following oath, to wit: “That the creditor hath not received any part of the sum for which the judgment or decree was passed except such part (if any) as is credited:” and if the creditor on the judgment or decree be an assignee of the person who obtained it, the oath shall go on and say further, “and that to the best of his knowledge or belief no other person hath received any parcel of the said sum except such part (if any) as is credited.” and an assignee shall also produce the assignment under the hand of the assignor; and if there, be more than one assignment, each assignment shall be produced under the hand of the party assigning.

Sec. 332.

In case of a specialty, bond, note, check, or protested bill

Voucher of bond, note, etc.

of exchange, the vouchers shall be the instrument of writing itself, or a proved copy in case it he lost, with a certificate of the oath made as aforesaid since the death and indorsed on or annexed to the instrument, or a statement of the claim “that no part of the money intended to be secured by such instrument hath been received or any security or satisfaction given for the same except what (if any) is credited.”

Sec. 333.

If the creditor in such instrument be an assignee, there

—where creditor an assignee.

shall be the same oath of the creditor or agent, according to the best of his knowledge and belief, with respect to any payments prior to the time of the assignment.

Sec. 334.

In case of a bill of exchange or other commercial paper,

Voucher of bill of exchange, etc.

the protest or other things which would be required (if the deceased were alive) shall be necessary to justify an executor or administrator in making payment or distribution.

Sec. 335.

If the claim be for rent, there shall be produced the lease

—claim for rent.

itself, or the deposition of some credible witness or witnesses, or an acknowledgment in writing of the deceased, establishing the contract and the time which hath elapsed during which rent was chargeable, and a statement of the sum due for such rent, with an oath of the creditor or agent indorsed thereon “that no part of the sum due for said rent or any security or satisfaction for the same hath been received except what (if any) is credited.”

The proof of a claim for rent in arrear, so as to render the same a

—proof of.

preferred claim, shall be the proofs and vouchers for rent aforesaid, and proof that the claim is such that an attachment therefor might be levied on said deceased’s goods and chattels in the hands of the administrator, but the preference given for rent is not to impair the landlord’s right of attachment if be thinks proper to exercise it.

Sec. 336.

The vouchers or proofs of any claim on open account shall

—vouchers or open account.

be a certificate of an oath taken by the creditor or agent since the death, indorsed on or annexed to the account, that the account as stated is just and true, and that he, the creditor, or any one for him. hath not received any part of the money stated to be due or any security or satisfaction for the same except what (if any) is credited.

Sec. 337.

When an affidavit or deposition to prove claims shall have been taken out of the District, the same shall be good if taken and certified as aforesaid by a notary public, or by some person there authorized to administer an oath, and certified to be such under the seal of the clerk of any court of record, or by any officer having official cognizance of the fact, and the said oath shall be as available as if taken before an officer authorized to administer an oath within this District.

Sec. 338.

If the creditor be an executor or an administrator the claim shall not be received, although vouched and approved as aforesaid, unless he make oath, to be certified as aforesaid, “that it does not appear from any book or writing of his decedent that any part of the said claim hath been discharged except what (if any) is credited, and that to the best of the deponent’s knowledge and belief no part of the said claim hath been discharged and no security or satisfaction given for the same except what (if any) is credited.”

Sec. 339.

Claims of executors, and so forth.—In no case shall an executor or administrator be allowed to retain for his own claim against the decedent, unless the same be passed by the probate court, and every such claim shall stand on an equal footing with other claims of the same nature.

Sec. 340.

No executor or administrator shall be allowed in his account for any claim discharged by him, unless he produce the claim passed by the probate court, or proven as herein directed.

Sec. 341.

Plea of limitations.—It shall not be considered as the duty of an executor or administrator to avail himself of the act of limitations to bar what he supposes to be a just claim, but the same shall be left to his honesty and discretion.

Sec. 342.

Claims may be disputed.—No executor or administrator shall be. obliged to discharge any claim of which vouchers and proofs shall be exhibited as aforesaid, but may reject and at law dispute the same in case he shall have reason to believe that the deceased never owed the debt, or had discharged the same, or a part thereof, or had a claim in bar.

Sec. 343.

Passing of claims not conclusive.—In no case shall the order made by the probate court that an account or claim will pass when paid be deemed of validity to establish such claim or account; but in case the executor or administrator thinks tit to contest the same such account or claim shall derive no validity from the order aforesaid, but shall be proved in the same manner as if no such order had been made.

Sec. 344.

Payment of claims.—An executor or. administrator shall, within thirteen months from the date of his letters, or within such further time, not exceeding four months longer, as shall be allowed by the probate court on his making oath that he has reason to apprehend that the personal estate and assets which are or shall be in his hands will be insufficient to discharge the just debts of and claims against the deceased, discharge all such claims known to him or pay each claimant his just proportion of the money then in his hands (retaining as herein directed); it shall likewise be his duty once in every term of six months after the first distribution to make a distribution of the money which hath since come to his hands until he shall have fully administered, and on failure his administration bond may be put in suit.

Sec. 345.

Notice of distribution.—In all cases where an executor or administrator is to make payment or distribution among the creditors of his decedent, he may give notice three successive weeks previously in some convenient newspaper of the time and place for making

—failure of creditor to attend.

it; and in case the creditor shall not attend in person or by agent or attorney to receive the amount or proportionable part of his claim, all interest on such claim or proportionable part shall cease from that time: Provided, That the executor or administrator shall at any time

Proviso.

—subsequent payment to.

thereafter on demand pay the said claims, or a proportionable part, to the party, his agent, or attorney duly authorized; and whenever the executor or administrator shall proceed to make an additional payment

Additional dividends, etc.

or dividend he may advertise as aforesaid, and interest shall stop as aforesaid; and if at the time for the making of any additional dividend a just claim, established as hereinbefore directed, shall be exhibited, the creditor shall be entitled to such sum as will place him on an equal footing with those who have already received a dividend.

Sec. 346.

Retaining for claims.—It shall be the duty of an executor

Retaining for claim not exhibited.

or administrator to pay all just claims against his decedent exhibited to him, or a just proportionable part thereof, according to the assets; and if any claim be known to him (although the same be not exhibited) he shall retain the same, or a just proportionable part, for the benefit of the creditor: Provided, That if any executor or administrator shall

Proviso.

—notice to creditor.

have actual knowledge of a claim which has not been exhibited or passed he shall give notice in writing to the creditor, requiring the claim to be either exhibited or passed, as herein provided, within thirty days if such creditor be a resident and within ninety days if he be a nonresident of said District, and after the expiration of such period, and after the expiration of the period for distribution provided by section three hundred and forty-four hereof, the executor or administrator shall not be required to retain any part of the estate for the benefit of such creditor, unless in the meantime such claim shall have been so exhibited or passed.

Sec. 347.

And if any action shall be commenced against an executor

Retaining for judgment larger than executor thinks due.

or administrator for the recovery of a larger debt or damages than he shall think due so that the same can not be ascertained before verdict, the executor or administrator shall be allowed to retain such sum to meet the said debt or damages as the probate court shall allow, and if more than enough be allowed, the party shall afterwards account for it, but nothing shall be retained on account of such further debt or damages where the court shall be satisfied that there will be money sufficient coming in after such dividend to meet the said damages, or a just proportion thereof, regard being had to other claims.

Sec. 348.

If a claim be exhibited against an executor or administrator

—for claims which he thinks disputable, etc.

which he shall think it his duty to dispute or reject, he may retain in his hands assets proportioned to the amount of the claim, which assets shall be liable to other claims, or to be delivered up or distributed in case the claim be not established; and if on any claims exhibited and disputed as aforesaid the creditor or claimant shall not, within nine months after such dispute or rejection, commence a suit for recovery the creditor shall be forever barred; and the executor or administrator may plead this section in bar, together with the general issue or other plea proper to bring the merits of the cause to trial; and on any dividend to be made nine months after such dispute or rejection and failure to bring suit the executor or administrator may proceed to pay or distribute as if he had not knowledge or notice of such claim or as if it did not exist; but if the claim be put in suit within the nine months it may be ascertained by verdict or otherwise, and the court shall proceed as herein directed, regard being had to the rules herein laid down as to the notice to be given by the executor or administrator and distribution or payment be made after such notice.

Sec. 349.

Claims made after distribution.—In case all the assets

Claims made after distribution.

have been paid away, delivered, or distributed as herein directed, and a claim shall afterwards be exhibited of which the executor or administrator hath not knowledge or notice by the exhibition of the claim legally authenticated, as herein required, he shall not be answerable

Executor not answerable, etc.

for the same; and if he be sued for any claim and shall make it appear to the court in which suit is brought that he hath so paid away, delivered, or distributed, and the plaintiff can not prove that the defendant had notice as aforesaid before such payment, delivery, or distribution, the court shall not proceed to give judgment (although the amount of the claim against the deceased may be ascertained) until the plaintiff shall be able to show further assets coming into the defendant’s hands, but if the plaintiff shall prove notice, as aforesaid, of the said claim against the defendant, judgment may be immediately given for such sum as the plaintiff ought to have received at the dividend, and fieri facias may issue and have effect, and further judgment may be given on coming in of further assets.

Sec. 350.

Notice to creditors to file claims.—No executor or administrator who shall, after the lapse of one year after the date of his letters, have paid away assets to the discharge of just claims shall be answerable for any claim of which he had no knowledge or notice by an exhibition of the claim legally authenticated: Provided, That at least six months before he shall make distribution he shall have caused to be inserted in so many newspapers as the probate court may direct an advertisement as follows, or fully to the following effect, namely: “This is to give notice that the subscriber, of _ _ _, hath obtained from the probate court of the District of Columbia letters testamentary (or of administration) on the personal estate of_ _ _, late of_ _ _ deceased. All persons having claims against the deceased are hereby warned to exhibit the same, with the vouchers thereof legally authenticated, to the subscriber on or before the _ _ _ day of_ _ _ next; they may otherwise by law be excluded from all benefit of said estate.

“Given under my hand this of _ _ _”

Sec. 351.

Report and proof of notice.—The executor or administrator may report to the court, with an affidavit of the proof thereof annexed, the fact of having given such notice, and the court, on being satisfied that their order has been complied with and the said notice has been given, shall indorse on said report their certificate that it has been proven to their satisfaction that said notice hath been given as therein reported, and shall order said report and certificate to be recorded among the records of the court.

Sec. 352.

The said report and certificates shall be prima facie evidence, in all cases whatever, of the giving of such notice as therein stated.

Sec. 353.

A copy of said report, certificate, and order, under the seal of the register of wills, shall be legal and competent evidence.

Sec. 354.

Docket of claims.—The register of wills shall enter in a suitable book, to be provided by him for that purpose, all claims against a decedent as they are regularly passed by the probate court, giving the date of the passage, the name of the creditor, the character of such claim, whether on note or open account, bond, bill, obligation,

—entry to be notice to executor.

judgment, or other evidence of debt, and the amount thereof, and the entry of a claim upon such docket shall be taken as notice to the executor or administrator of its existence.

Sec. 355.

The claim thus entered shall not afford any evidence as to the justice or correctness of any debt therein entered whenever the same shall be controverted by an executor or administrator in any suit instituted for the recovery of such debt; nor shall the same be construed to take any debt out of the operation of a plea of limitations.

Sec. 356.

Priorities.—In paving the debts of a decedent, after the payment of funeral expenses according to the condition and circumstances of the deceased, not exceeding six hundred dollars, an executor or administrator shall observe the following rides: Claims for rent in arrear against deceased persons, for which an attachment might be levied by law. shall have preference. Judgments and decrees of courts in the District of Columbia shall next be wholly discharged. After such claims for rent, judgments, and decrees shall be satisfied, all other just claims shall be on an equal footing without priority or preference. If there be not sufficient to discharge all such judgments and decrees, a proportionate dividend shall be made between the judgment and decree creditors.

Sec. 357.

No claims to be noticed unless legally authenticated.

No claims to be noticed unless legally authenticated.

—No executor or administrator shall be bound to discharge any claim against his decedent unless the same shall be exhibited to him. legally authenticated, or unless such claim shall have been passed by the probate court and entered by the register of wills upon his docket.

Sec. 358.

Meeting of creditors.—Any executor or administrator

Meeting of creditors.

shall be entitled to appoint a meeting of creditors on some day by the court approved, and passage of claims, payment, or distribution may be, there made under the court’s direction and control.

Sec. 359.

Distribution of residue.—Whenever it shall appear by

Distribution of residue.

the first or other account of an executor or administrator that all the claims against, or debts of the decedent which have been known by or notified to him have been discharged or allowed for in his account, it shall be his duty to deliver up and distribute the surplus or residue of the personal estate not disposed of by any will, as hereinafter directed: Provided, That his power and duty with respect to future

Proviso.

Executor’s powers as to future assets to continue, etc.

assets shall not cease; and after such delivery be shall not be liable for any debts afterwards notified to him. provided he shall have advertised as hereinbefore directed, unless assets shall afterwards come into his hands which shall be answerable for such debts.

Sec. 360.

Suits on bonds against heirs.—No creditor by a bond

Suits on bonds against heirs.

which purports to bind the heirs of the obligor shall be entitled to sue the heirs at common law in respect of assets descended to them, but debts by specialty and by simple contract, without distinction, shall be payable primarily out of the personal estate, and. if that be insufficient, shall be payable equally and without preference out of the proceeds of the real estate.

Sec. 361.

First account within twelve months.—Every executor

First account with in twelve months.

and administrator shall render to the probate court within the period of twelve months from the date of his letters the first account of his administration.

Sec. 362.

Subsequent accounts.—If the first account shall not

Subsequent ac-counts.

show the estate which was on hand to be fully administered, another account shall be returned within six months thereafter, and within every term of six months thereafter an account shall be returned until the estate shall appear to be fully administered; and whenever a discovery or receipt of assets shall take place after rendering an account another account shall be rendered within six months thereafter; but an administrator shall not be obliged to render accounts when it appears to the court that the estate has been fully administered, except as to debts which the court shall deem desperate.

Sec. 363.

Failure to account.—If an executor or administrator

Failure to account.

shall fail to return an account, as before directed, within the time limited by law, or within such further time as the probate court shall allow, not exceeding six months, his letters, on application of any person interested, may be revoked, and administration may be granted at the discretion of the court; and the administrator to whom letters may be granted shall be entitled to put the delinquent’s bond in suit, and to recover such damages thereon as the jury may find; and in assessing such damage the jury shall allow such sum as will be equal to six per centum per annum on the amount of the inventory or inventories from the time of the return or returns to the time of the verdict over and beyond the damages for such loss or injury as the estate may have sustained by the delinquent’s conduct.

Sec. 364.

Assets to be charged.—In such account shall be stated, on one side, the assets which have come to his hands, according to the inventory or inventories returned to the court or received and appraised as herein directed, after the inventory or inventories returned, and the sales made under the court’s direction—that is to say, the inventory or inventories are to show the articles of the estate, and the sales the amount of their value, where they have been sold, and for articles so sold he shall be charged the price according to the return; and if any articles have been sold for credit and not yet paid for they shall be accounted for in a subsequent account, and all moneys received for debts due the decedent shall be included in said account.

Sec. 365.

Disbursements and allowances.—On the other side shall be stated the disbursements by him made, namely: First. Funeral expenses, to be allowed at the discretion of the court, according to the condition and circumstances of the deceased, not exceeding six hundred dollars. Second. The debts of the deceased proved or passed as herein directed, and paid or retained. Third. The allowance for things lost, or which have perished without the party’s fault, which allowance shall be according to the appraisement. Fourth. His commissions, which shall be at the discretion of the court, not under one per centum nor exceeding ten per centum on the amount of the inventory or inventories, excluding what is lost or perished. Fifth. His allowance for costs, attorneys’ fees, and extraordinary expenses which the court may think proper to allow.

Sec. 366.

Bequests to executors.—If anything be bequeathed to an executor by way of compensation, no allowance of commission shall be made unless the said compensation shall appear to the court to be insufficient; and if so, it shall be reckoned in the commission to be allowed by the court.

Sec. 367.

List of debts.—Every executor or administrator may within one year after the date of his letters, return to the probate court a list of the debts due from his decedent which may be made known to him, stating the principal and the time at which interest is to commence on each respective debt, to which list of debts shall be annexed the oath of the administrator that the same is a correct list of the debts due from his decedent so far as the said debts have come to his knowledge; and every six months thereafter until the estate may be finally settled a similar return may be made of such debts as shall come to the knowledge of the executor or administrator within that period, which list of debts shall be recorded by the register of wills, and a copy thereof, certified under the hand of the register of wills and the seal of his office, shall be prima facie evidence of the amount of debts due by the decedent in any court where the administrator alleges that he has not assets sufficient to discharge the claim in controversy or any part thereof.

Sec. 368.

Such lists shall not afford any evidence of the justice or correctness of any claim therein when controverted by the executor or administrator in any suit instituted for the recovery of such debt, nor shall the same be construed to take any debt out of the operation of any plea of limitation.

Sec. 369.

Investment of funds-Whenever, under the provisions of a will, it shall be necessary for an executor or an administrator cum testamento annexo to retain in his hands the personal estate or any part thereof after all just claims are discharged, as where money or some other thing is directed to be paid at a distant period or upon a contingency, the probate court shall have the power, on the application of such executor or administrator or of a party interested, to decree or give directions in relation thereto: and it shall be the duty of said executor or administrator to apply to the said probate court, and the said court shall have full power to decree or direct what part of the personal estate shall be retained or appropriated for the purpose and in what manner it shall be disposed of and the legacy or benefit intended by the will shall be secured to the person to be entitled at a future period or contingency, and how the necessary part of the personal estate to be appropriated for the purpose shall be prevented from lying dead or being unproductive, and how it shall be applied, agreeably to the intent of the will or the construction of law, in case the contingency shall not take place.

Sec. 370.

Executor of deceased executor, and so forth.—The

Account of executor of deceased executor.

executor or administrator of a deceased executor or administrator who shall die before an account of his administration hath been rendered shall render an account showing the amount of the assets received and the payments made by his decedent, and the account shall, if found by the court to be correct, be admitted to record as other administration accounts.

Sec. 371.

Accounts of deceased executrix, and so forth.—The

—of deceased executrix, etc.

husband of an executrix or administratrix who shall die before a final account of her administration shall have been settled shall render such account, if required by the court, showing thereby the amount of money and property received and of payments and disbursements made by such executrix or administratrix, or that may have been received or paid by him. and not before accounted for with the court; and the account so rendered shall, if found by the court to be correct, be admit-ted to record as other administration accounts in cases where the executrix or administratrix rendered them in person; and in case of refusal of the husband to render such account, the court may proceed against him by attachment, and may commit him until he shall render such account.

Sec. 372.

Lost property.—The probate court shall have power to

Allowance to executor for lost property.

make allowance to any executor, administrator, or collector for property of the decedent which hath perished or been lost without the fault of the party: and no profit shall be made and no loss sustained

—decrease, etc., of estate.

by an executor or administrator in the increase or decrease of the estate under his management; but he shall return an inventory and account for such increase, and may be allowed for such decrease on the settlement of the final or other account.

Sec. 373.

Parties entitled.—When the debts of an intestate,

Parties entitled.

exhibited and proved or notified and not barred, shall have been discharged or settled, or allowed to be retained for as herein directed, the administrator shall proceed to make distribution of the surplus as follows:

Sec. 374.

If the intestate leave a widow and no child, parent, grandchild,

—widow’s share.

brother, or sister, or the child of a brother or sister of the said intestate, the said widow shall be entitled to the whole.

Sec. 375.

If there be a widow and a child or children, or a descend-ant or descendants from a child, the widow shall have one-third only.

Sec. 376.

If there be a widow and no child or descendants of the intestate, but the said intestate shall leave a father or mother, or brother or sister, or child of a brother or sister, the widow shall have one-half.

Sec. 377.

The surplus, exclusive of the widow’s share, or the whole surplus (if there be no widow), shall go as follows:

Sec. 378.

If there be children and no other descendants, the surplus shall be divided equally among them.

Sec. 379.

If there be a child or children and a child or children of a deceased child, the child or children of such deceased child shall take such share as his, her, or their deceased parent would, if living, be entitled to. and every other descendant or descendants in existence at the death of the intestate shall stand in the place of his. her, or their

Provisos.

—advances to child, etc.

deceased ancestor: Provided, That if any child or descendant shall have been advanced by the intestate, by settlement or portion, the same shall be reckoned in the surplus, and. if it be equal or superior to a share, such child or descendant shall be excluded, but the widow shall have no advantage by bringing such advancement into reckoning: And provided further, That, if any child or descendant shall have received from the intestate any real estate by way of advancement, which shall not be equalized under the provisions of section nine hundred and fifty- nine of this code, the value of any such advancement shall be treated

—maintenance not deemed advancement.

as personality for the purposes of this section: but maintenance or education or money or realty, given without a view to a portion or settlement in life, shall not be deemed advancement: and in all cases those in equal degree claiming in the place of an ancestor shall take equal shares.

Sec. 380.

If there be a father and no child or descendant, the father shall have the whole: and if there be a mother and no father, child, or descendant, the mother shall have the whole.

Sec. 381.

If there be a brother or sister, or child or descendant of a brother or sister, and no child, descendant, or father or mother of the intestate, the said brother, sister, or child or descendant of a brother or sister shall have the whole.

Sec. 382.

Every brother and sister of the intestate shall be entitled to an equal share, and the child or children, or descendants of a brother or sister of the intestate, shall stand in the place of their deceased parents, respectively.

Sec. 383.

After children, descendants, father, mother, brothers, and sisters of the deceased and their descendants, all collateral relations in equal degree shall take, and no representation among such collaterals shall be allowed: and there shall be no distinction between the whole and half blood.

Sec. 384.

If there be no collaterals, a grandfather may take, and if there be two grandfathers they shall take alike; and a grandmother, in ease of the death of her husband, the grandfather, shall take as he might have done.

Sec. 385.

If any person entitled to distribution shall die before the same shall be made, his or her share shall go to his or her representatives.

Sec. 386.

Posthumous children of intestates shall take in the same manner as if they had been born before the decease of the intestate, but no other posthumous relation shall be considered as entitled to distribution in his or her own right.

Sec. 387.

The illegitimate child or children of any female and the issue of any such illegitimate child or children shall be capable to take from their mother, or from each other, or from the descendants of each other, in like manner as if born in lawful wedlock. When an illegitimate child or children shall die leaving no descendants, or brothers or sisters, or the descendants of such brothers or sisters, then and in that case the mother of such illegitimate child or children, if living, shall be entitled as next of kin, and if the mother be dead the next of kin of the mother shall take in like manner as if such illegitimate child or children had been born in lawful wedlock.

Sec. 388.

If there be no widow or relations of the intestate within

Escheat.

the fifth degree, which shall be reckoned by counting down from the common ancestor to the more remote, the whole surplus shall belong to the District of Columbia, to be disbursed by the Commissioners of the District for the benefit of the poor.

Sec. 389.

Distribution of specific property.—In case the surplus

Distribution of specific property.

remaining in the administrator’s hands after payment of all just debts exhibited and proved or notified and not barred, or after retaining for the same, shall consist of specific property or articles mentioned in the inventory or inventories, the administrator, if he can not satisfy the parties, may apply to the court to make distribution, and the court may appoint a day for making distribution and by summons call on the said parties to appear; and the said court may. at the appointed time, proceed to distribute. But if a majority in point of value shall neglect to appear, or appearing shall object to the distribution of the articles, or if the court shall deem a sale of the said articles or any part of them more advantageous, a sale shall be directed accordingly, and the rules herein laid down relative to a sale by order of the said court shall be observed.

Sec. 390.

Whenever a distribution of specific articles is to be made

—by two disinterested persons.

the probate court may appoint two disinterested persons, not in any way related to the parties concerned, to make such distribution among the persons entitled as to them shall seem meet and proper; or if, in

—sale.

their opinion, upon a view of such articles, no distribution among the persons entitled could be by them made which would operate equally, but a sale thereof would be more advantageous to such persons, they shall return to the probate court their opinion in writing, and the court shall thereupon order a sale of such articles, upon reasonable notice, and cause the proceeds of such sale to be equally distributed among the parties entitled.

Sec. 391.

Partial distribution.—When any person entitled, after

Partial distribution.

payment of debts, shall be in want of subsistence or greatly straitened in his circumstances, and shall apply to the probate court by petition, and satisfy the court that he is in want of subsistence or greatly straitened in circumstances, and that it probably will not require more than one-half of the assets to discharge the debts, the court may direct the administrator to deliver to the petitioner any part of what the court shall suppose will be his distributive share, or any part of a legacy or bequest in money not exceeding one-third part, the said petitioner giving bond, with security approved by the court, to the administrator for returning the same or an equivalent, with interest, whenever so directed by the court; and the court shall have power to determine in a summary way on any such petition, after summons against such administrator duly returned “summoned” or “non est.”

Sec. 392.

Specific bequests.—And the court, in like manner, on

Specific bequests.

any petition by a person in such circumstances to whom a specific legacy or bequest has been made, being satisfied that the assets, exclusive of all specific legacies, will not be nearly exhausted by debts, may direct the executor or administrator with the will annexed to deliver to the petitioner the said specific legacy or bequest on his giving bond as aforesaid.

Sec. 393.

Bequest to female.—Where a bequest of personal property

Bequest to female.

or money is made to a female and directed by the will to be paid on her attaining to full, mature, or to a lawful age, such female shall be entitled to receive and demand such personal property or money on her arriving at the age of eighteen years or being married.

Sec. 394.

Meeting of legatees or next of kin.—Any administrator

Meeting of legatees or next of kin.

shall be entitled to appoint a meeting of persons entitled to distributive shares or legacies or a residue, on some day by the court approved, and payment or distribution may be there made under the court’s direction and control.

Sec. 492. Estates.—

No estate of inheritance, or for life, or for a

Estates.

longer term than one year, in any real property, corporeal or incorporeal, in the. District of Columbia, or any declaration or limitation of uses in the same, for any of the estates mentioned, shall be created or take effect, except by deed signed and sealed by the grantor, lessor, or declarant, and acknowledged in the manner herein provided.

Sec. 493. Acknowledgment.—

Such acknowledgment may be made

Acknowledgment.

in the District of Columbia before any judge of any of the courts of said District, the clerk of the supreme court of the District, or any justice of the peace or notary public, or the recorder of deeds of said District, and the certificate of the officer taking the acknowledgment shall be to the following effect:

I, A B, a justice of the peace (or other officer authorized) in and for the District of Columbia, do hereby certify that C D, party to a certain deed bearing date on the _ _ _ _ day of _ _ _ _ _ _ _ _ , and hereto annexed, personally appeared before me in said District, the said C D being personally well known to me as (or proved by the oath of credible witnesses to be) the person who executed the said deed, and acknowledged the same to be his act and deed.

Given under my hand and seal this _ _ _ _ day of _ _ _ _ _ _ _ _ _ _ _ _ _

A B. [Seal.]

Sec. 494. Release of dower.—

If the wife of the party executing

Release of dower.

said deed, being not less than eighteen years of age, shall desire to release her right of dower in the property conveyed, she shall unite in the deed with her husband and sign, seal, and acknowledge the same in the same manner as her husband, and the officer taking her acknowledgment shall add to the above form of certificate a further certificate to the following effect, namely:

And at the same time personally appeared before me, in said District, E F, the wife of said C D, personally well known to me (or proved by the oath of credible witnesses) to be such, and acknowledged the same to be her act and deed.

Such wife, however, may release, her right of dower by her separate deed, when the releasee claims or derives title from, by. through, or under her husband.

Sec. 495. Acknowledgment out of District.—

When any deed or

Acknowledgment out of District but within the United States.

contract under seal relating to land is to be acknowledged out of the District of Columbia, but within the United States, the acknowledgment may be made before any judge of a court of record and of law, or any chancellor of a State, any judge or justice of the Supreme, circuit, or Territorial courts of the United States, any justice of the peace or notary public: Provided, That the certificate of acknowledgment

Provisos.

Certificate of acknowledgment.

aforesaid, made by any officer of a State or Territory, shall be accompanied by a certificate of the register, clerk, or other public officer haying official cognizance of the fact that the officer taking said acknowledgment was in fact the officer he professed to be: Provided, further,

—what sufficient certificate.

That a certificate by any such register, clerk, or other public officer, in the form prescribed by the laws of the State or Territory in which such certificate is made or customarily used therein, shall be a sufficient certificate for the purposes of this section.

Sec. 496.

Deeds made in a foreign country may be acknowledged before any judge, or notary public, or before any secretary of legation or vice-consul-general of the United States, or consular officer of the United States as such consular officer is described in section sixteen hundred and seventy-four of the Revised Statutes of the United States; and when the acknowledgment is made before any other officer than a secretary of legation or consular officer of the United States the official character of the person taking the acknowledgment shall be certified in the manner prescribed in the last preceding section.

Sec. 497. Deeds of corporations.—

The deed of a corporation shall be executed by having the seal of the corporation attached and being signed with the name of the corporation, by its president or chief officer, and shall be acknowledged as the deed of the corporation by an attorney appointed for that purpose, by a power of attorney embodied in the deed or by one separate therefrom, under the corporate seal, to be annexed to and recorded with the deed.

Sec. 498. Acknowledgment by attorney.—

No deeds of conveyance of either real or personal estate by individuals shall be executed or acknowledged by attorney.

Sec. 499. When deeds to take effect.—

Any deed conveying real property in the District, or interest therein, or declaring or limiting any use or trust thereof, executed and acknowledged and certified as aforesaid and delivered to the person in whose favor the same is executed, shall be held to take effect and pass the title in the property conveyed to said person from the date of the acknowledgment, provided the same be recorded within three months from said date, except that as to creditors and subsequent bona fide purchasers and mortgagees without notice of said deed, and others interested in said property. it shall only take effect from the time of its delivery to the recorder of deeds to be recorded.

Sec. 500.

When two or more deeds of the same property are made to bona tide purchasers for value without notice, the deed or deeds which are first recorded according to law shall be preferred.

Sec. 501. Bonds and contracts.—

Any title bond or other written contract in relation to land may be acknowledged, certified, and recorded in the same manner as deeds for the conveyance of land, and the record thereof shall be notice to ail creditors and subsequent purchasers of the existence of such bond or contract.

Sec. 502. Interpretation.—

No words of inheritance shall be necessary in a deed or will to create a fee simple estate: but every conveyance or devise of real estate shall be construed and held to pass a fee simple estate or other entire estate of the grantor or testator, unless a contrary intention shall appear by express terms or be necessarily implied therein.

Sec. 503.

The word “grant,” the phrase “bargain and sell.” or any other words purporting to transfer the whole estate shall be construed to pass the whole estate and interest of the grantor in the property described, unless there be limitations or reservations showing a different intent.

Sec. 504.

In any deed or will of real or personal estate in the District of Columbia, hereafter executed, the words “die without issue,” or the words “die without leaving issue,” or the words “have no issue,” or other words which may import either a want or failure of issue of any person in his lifetime, or at the time of his death, or an indefinite failure of his issue, shall be construed to mean a want or failure of issue in the lifetime or at the time of the death of such per-son, and not an indefinite failure of his issue, unless a contrary intention shall appear in the instrument.

Sec. 505.

When, in a deed conveying real estate, the words “the said _ _ _ _ _ _ _ _ covenants” are used, such words shall have the same effect as if the covenant was expressed to be by the covenantor, for himself, his heirs, devisees, and personal representatives, and shall be

Construction of word, phrases, etc.— Continued.

deemed to be with the grantee or lessee, his heirs, devisees, personal representatives, and assigns.

Sec. 506.

A covenant by the grantor, in a deed conveying real estate,

—covenants.

“that he will warrant generally the property hereby conveyed.” or a grant of real estate in which the granting words are followed by the words “with general warranty,” shall have the same effect as if the grantor had covenanted that he, his heirs, devisees, and personal representatives will warrant and defend the said property unto the grantee, his. heirs, devisees, personal representatives, and assigns against the claims and demands of all persons whomsoever.

Sec. 507.

A covenant by a grantor, in a deed conveying real estate, “that he will warrant specially the property hereby conveyed,” or a grant of real estate in which the granting words are followed by the words “with special warranty,” shall have the same effect as if the grantor had covenanted that he, his heirs, devisees, and personal representatives will forever warrant and defend the said property unto the grantee, his heirs, devisees, personal representatives, and assigns against the claims and demands of the grantor and all persons claiming or to claim by, through, or under him.

Sec. 508.

A covenant by the grantor, in a deed of land, “that the said grantee shall quietly enjoy said land,” shall have the same effect as if he had covenanted that the said grantee, his heirs and assigns, shall, at any and all times hereafter, peaceably and quietly enter upon, have, hold, and enjoy the land conveyed by the deed or intended to be so conveyed, with all the rights, privileges, and appurtenances thereunto belonging, and to receive the rents and profits thereof, to and for his and their use and benefit, without any eviction, interruption, suit, claim, or demand whatsoever by the said grantor, his heirs or assigns, or any other person or persons whatever.

Sec. 509.

A covenant by a grantor, in a deed of land, “that he has done no act to incumber said land,” shall be construed to have the same effect as if he had covenanted that he had not done or executed or knowingly suffered any act, deed, or thing whereby the land and premises conveyed, or intended so to be, or any part thereof, are or will be charged, affected, or incumbered in title, estate, or otherwise.

Sec. 510.

A covenant by a grantor, in a deed of land, “that he will execute such further assurances of said land as may be requisite,” shall have the same effect as if he had covenanted that he, his heirs or devisees, will, at any time, upon any reasonable request, at the charge of the grantee, his heirs or assigns, do, execute, or cause to be done and executed, all such further acts, deeds, and things, for the better, more perfectly and absolutely conveying and assuring the lands and premises conveyed unto the grantee, his heirs and assigns, as intended to be conveyed, as by the grantee, his heirs or assigns, or his or their counsel learned in the law, shall be reasonably devised, advised, or required.

Sec. 511. Implied covenants.—

No covenant shall be implied in any

Implied covenants..

conveyance of real estate, whether such conveyance contains special covenants or not.

Sec. 512. What estates may be conveyed by deed.—

Any interest

What estates may be conveyed by deed.

in or claim to real estate, whether entitling to present or future possession and enjoyment, and whether vested or contingent, may be disposed of by deed or will, and any estate which would be good at common law, as an executory devise, may be created by deed.

Sec. 513. Conveyance of land held adversely.—

Any person

Conveyance of land held adversely.

claiming title to land may convey his interest in the same, notwithstanding there may be an adverse possession thereof.

Sec. 514. Absence of acknowledgment.—

No deed or conveyance

Absence of acknowledgment.

of squares or lots of public land in the city of Washington, made in pursuance of law prior to March third, eighteen hundred and sixty-three, by the commissioner of public buildings or any other authorized officer, shall be deemed invalid in law for the want of an acknowledgment by the commissioner or other authorized officer before such judicial officers, as deeds of real property made between individuals are required by law to be acknowledged.

Sec. 515. Defective acknowledgments.—

All deeds and acknowledgments recorded in the land records of the District prior to the adoption of this code of any of the following designated classes shall, in favor of parties in actual possession, claiming under and through such deeds, be deemed and held and are declared to be of the same effect an I validity to pass the fee simple or other estate intended to be conveyed, and bar dower in the real estate therein mentioned, as if such deeds had in all respects been executed, acknowledged, proved, certified, and recorded according to law, namely:

Sec. 516. Acknowledgments by married women.—

In all cases mentioned in the preceding section the certificate of acknowledgment by a married woman must show that the acknowledgment was made “apart” or “privily” from her husband, or use some other term importing that her acknowledgment was made out of his presence, and also that she acknowledged or declared that she willingly executed or that she willingly acknowledged the deed, or that the same was her voluntary act, or to that effect.

Sec. 517. Dower.—

Any acknowledgment made by a married woman of any deed executed by her husband, and recorded as mentioned in section five hundred and fifteen, shall be good and effectual to bar all claim on her part to dower in the lands described therein, situated in the District, although she shall not have executed the same.

Sec. 518. Power of attorney by married woman.—

hen the power of attorney mentioned in section five hundred and fifteen is executed by a married woman, the same shall be effectual and sufficient if there is such an acknowledgment of the same as would be sufficient, under the provisions of this chapter, to pass her estate and interest therein were she a party executing the deed of conveyance.

Sec. 519. Record of deed as evidence.—

The record and copy

Record of deed as evidence.

thereof of any deed recorded, as mentioned in section five hundred and fifteen, shall be evidence thereof, in the same manner and shall have the same effect as if such deed had been originally executed, acknowledged. and recorded according to law.

Sec. 520.

The acts of Congress approved May thirty-first, eighteen

Acknowledgments in compliance with Chap. CXII. vol. 4. p. 520, and Chap. LVII. vol. 5. p. 226, declared effectual.

hundred and thirty-two. and April twentieth, eighteen hundred and thirty-eight, in reference to the acknowledgment and recording of deeds of lands situated in the District, shall be taken and construed as cumulative with the acts of Maryland on the same subject in force in the District at the passage thereof, and an acknowledgment made and certified in compliance with any one of said acts, and before any officer authorized by either of said acts to take an acknowledgment, whether in or out of the District, shall be good and effectual.

Sec. 521. To be recorded.—

Mortgages and deeds of trust to secure debts, conveying any estate in land, in order to be effectual, shall be executed and recorded in the same manner as absolute deeds; and they shall take effect and pass title to the property conveyed, both as between the parties thereto and as to others, bona fide purchasers and mortgagees and creditors, in the same manner and under the same conditions as absolute deeds.

Sec. 522. Estate of trustee.—

The legal estate conveyed to a

Estate of trustee.

mortgagee, his heirs and assigns, or to a trustee to secure a debt, his heirs and assigns, shall be construed and held to be a qualified fee simple, determinable upon the release of the mortgage or deed of trust, as hereinafter provided, or the appointment of a new trustee by judicial decree for the causes hereinafter mentioned.

Sec. 523. How to be recorded.—

It shall be the duty of the recorder

How to be recorded.

of deeds to record all such mortgages and deeds of trust in the same manner as absolute deeds, and, after each mortgage, to leave a blank space wherein may be recorded any assignment or release of said mortgage.

Sec. 524. Assignees.—

The assignee or indorsee of any note, bond,

Assignees.

or other instrument binding to the payment of money, secured by any mortgage or deed of trust, shall have the same benefit of said mortgage or deed of trust, and shall be entitled to the same remedies for enforcing or foreclosing the same that the original creditor named therein would have in the absence of any indorsement or assignment of the instrument secured.

Sec. 525. Assignment.—

Whenever the note or notes, bond or bonds,

Assignment.

or other instruments for the payment of money, secured by mortgage, shall be indorsed or assigned by the original creditor holding the same, the said mortgage may also be assigned by such creditor to any person holding the notes or other instruments secured thereby, and any such assignee of said mortgage may, in like manner, assign to others.

Sec. 526.

The said assignment may be written on the said mortgage

—form of.

in the following or equivalent form:

Sec. 527.

Every such assignment provided for in section five hundred and twenty-six aforesaid may be recorded at or near the foot of the said mortgage, in the blank space directed to be reserved therefor, as aforesaid, and such record shall have the same effect as notice to all persons dealing with the property embraced in said mortgage which is allowed by law to the record of the mortgage.

Sec. 528. Release.—

A release of a mortgage may be made by the original creditor who is the holder of the note or notes or other instruments secured thereby, or by any assignee of said notes or other instruments to whom said mortgage may also have been assigned, in the following or an equivalent form:

—form.

—acknowledgment.

Sec. 529.

Said release may be written on the orignal mortgage, and upon said mortgage, with the release thereon written, being filed in the office of the recorder of deeds, he shall record said release in the blank space to be reserved as aforesaid, or in the margin of said record, and index the same, and said mortgage shall be retained in his office and not be allowed to be again withdrawn therefrom.

Sec. 530.

Every person whose property is subject to a mortgage given to secure a note or notes, bond or bonds, or other instruments binding to the payment of money, shall be entitled, on payment or tender of the full amount of the debt, at or after its maturity, to the creditor entitled to the same, if he is the original creditor, or is the assignee of said mortgage, to have said mortgage surrendered to him, unless the same shall have been lost or destroyed, and to have said mortgage released by the creditor holding the same, in the manner above mentioned.

Sec. 531.

If the debt secured by mortgage shall be assigned, but the mortgage shall not be assigned to the holder of said debt, or if the original mortgage having been assigned shall be lost or destroyed, the owner of the incumbered property, on payment of the debt, shall he entitled to a deed of release from the mortgagee; and in no other case where the mortgage has been assigned by the original creditor secured thereby shall the original mortgagee be authorized to execute a deed of release.

Sec. 532.

A release made as provided in the foregoing sections by the original creditor holding a mortgage for the security of a debt, or by any indorsee or assignee of said debt who shall also hold an assignment of said mortgage, shall be as effectual to extinguish said mortgage as if the mortgagee nad executed a deed of release of the incumbered property; but if the original creditor secured by mortgage has not assigned either his debt or his mortgage, the owner of the incumbered property may, at his election, on payment of the debt, require a deed of release from the mortgagee.

Sec. 533. Survival of title.—

Whenever a mortgage or deed of trust to secure a debt is executed to two or more mortgagees or trustees in fee simple, upon the death of any one or more of them the legal title and the trust attached to it shall be held to survive to the survivor or survivors and the heirs of the last survivor, subject to the provisions aforesaid.

Sec. 534. Death of mortgagee or trustee.—

In case of the death of a sole mortgagee or trustee, or the last survivor of several, if the debt secured by the mortgage or deed of trust shall not have been paid, the party entitled thereto may tile a petition in the supreme court of said District, setting forth under oath the execution of the mortgage or deed of trust, the death of the mortgagee or trustee, and the fact that the. debt secured by the said mortgage or deed of trust remains unpaid, and such other fact as may be necessary to entitle the petitioner' to the relief prayed, and praying for the appointment of a trustee to execute the trusts of the said mortgage or deed of trust. It shall not be necessary to make the heirs at law of the deceased mortgagee or trustee parties to such proceeding. The court may thereupon lay a rule upon the debtor or parties whose property is bound by said mortgage or deed of trust, unless they shall voluntarily appear and aduiit the allegations of the petition, to show cause, under oath, ou or before the tenth day. exclusive of Sundays and legal holidays, after the service of such rule, why the prayer of said petition should not be granted. If said party or parties can not be found in said District, service of said rule shall be by publication, according to the practice in equity in said court. If no cause be shown, notwithstanding the service of said rule, against the prayer of said petition, the. court may determine in a summary way whether said debt remains unpaid, and if satisfied thereof the said court may, by decree, appoint a new trustee in the place of the deceased mortgagee or trustee, and vest in him all the title, at law and in equity, and all the powers that had been conveyed to and vested in the deceased mortgagee or trustee.

Sec. 535. Defenses against foreclosure.—

If matter of defense

Defenses against foreclosure.

against the foreclosure of said mortgage or the enforcement of said deed of trust be set up in answer to said rule, the further proceedings shall be according to the practice in equity after answer filed.

Sec. 536.

In case of the death of any trustee appointed as aforesaid

Death of trustee appointed as aforesaid.

without having executed the trusts of the mortgage or deed of trust, a like proceeding to the above may be had to appoint a successor to him in the said trusts.

Sec. 537. Release after death of mortgagee, and so forth.—

In case of the death of a sole mortgagee or trustee or the last survivor of several, as aforesaid, if the debt secured by the mortgage or deed of trust shall have been paid, and it is desired by the party paying the same to obtain a deed of release, the said party may tile a petition in said supreme court of the District, setting forth, under oath, the execution of said mortgage or deed of trust, the death of the mortgagee or trustee, the payment of the debt, and any other fact necessary to entitle the petitioner to the relief prayed, and praying for the appointment of a trustee in the place of the deceased mortgagee or trustee to execute a deed of release of said mortgage or deed of trust. It shall not be necessary to make the heirs of the deceased mortgagee or trustee a party to such proceeding. The court may thereupon lay a rule upon the creditor secured by said mortgage or deed of trust, unless he shall voluntarily appear and admit the allegations of the petition, to show cause, under oath, on or before the tenth day. exclusive of Sundays and legal holidays, after the service of said rule, why the prayer of the petition should not be granted. If said party can not be found in said District, service of said rule shall be by publication according to the practice in equity in said court. If no cause be shown, notwithstanding the service of said rule, against the prayer of the petition, the court, may determine in a summary way whether said debt has been paid, and if satisfied thereof may, by decree, appoint a trustee in the place of the deceased mortgagee or trustee and invest in him the title, in law and in equity, that was in the deceased mortgagee or trustee, for the purpose of executing a deed of release as aforesaid. If matter of defense against the prayer for a release of said mortgage or deed of trust be set up in answer to said rule, the further proceedings shall be according to the practice in equity after answer filed.

Sec. 538. Appointment of new trustee.—

In case of the refusal of any trustee named in a deed of trust to secure a debt to accept the trusts thereby created, or of his resignation of said trust after accepting the same, which is hereby allowed, or of his removal from the District of Columbia, or of his inability to act, or for any other good cause shown, said trust being executed, it shall be lawful for any party interested in the execution of such trusts to apply to said court by petition, setting forth the appropriate facts and asking for the appointment of a new trustee in his place, and a like proceeding shall be had for the appointment of such trustee as in the case of the death of a trustee, as directed in sections live hundred and thirty-four and five

Proviso

—service on existing trustee.

hundred and thirty-seven aforesaid: Provided, That any ride to show cause issued in such case shall be served upon the existing trustee, as well as upon the parties interested in the trust, if he and they can be found within the said District.

Sec. 539. Terms of sale.—

If the length of notice and terms of sale are not prescribed by the mortgage or deed of trust, or be not left therein to the judgment or discretion of the mortgagee or trustee, any person interested in such sale may apply to the court, before such sale is advertised, to fix the terms of sale and determine what notice of sale shall be given, which terms shall be such as to secure to the creditor the payment of his debt incash as nearly as may be consistent with justice; and the determination of the court in the premises shall be binding on all parties in interest.

Sec. 540. Injunction against sale.—

If any party interested and duly notified of an intended sale under any mortgage or deed of trust, as directed in section five hundred and thirty-nine aforesaid, shall fail to make application to the court to prevent such sale within the time covered by such notice, such party shall not be entitled afterwards to be relieved against such sale except upon the conditions that a satisfactory excuse be shown for the delay in making application therefor, and all expenses incurred in and about such sale or attempted sale be first paid by him and a valid defense against the foreclosure of said mortgage or deed of trust be shown.

Sec. 541.

No sale under a mortgage or deed of trust shall be enjoined on the ground that the amount claimed by the creditor secured thereby is in excess of the true amount due him, unless the party seeking such relief shall set forth and show what amount is justly due and shall offer to pay the amount so admitted to be due.

Sec. 542. Debtor not to bid.—

At any sale made under a mortgage or deed of trust the debtor or other person owning the property and for whose default the sale is made shall not be allowed to bid:

Proviso.

—part owner.

Provided, That this shall not be construed to prohibit a part owner from bidding at such sale in order to acquire title to the entire property sold.

Sec. 543. Mortgagee buying.—

At any sale under a mortgage, fairly made by the mortgagee, at public auction, the mortgagee him-self may buy in the property on account of the mortgage debt.

Sec. 544. Creditor buying.—

If a creditor, for the payment of whose debt property shall be sold under a deed of trust, shall become the purchaser at such sale, he shall be entitled to credit the amount of the purchase money against the debt, and shall be only required to pay to the trustee the excess of the purchase money over his debt, together with such additional amount as may be necessary to defray the expenses of the sale.

Sec. 545. Expenses and commissions.—

Among the lawful expenses of a sale under a mortgage or deed of trust is to be allowed a commission on the proceeds of sale to the mortgagee or trustee. Where the mortgage or deed of trust does not fix the rate of commission the mortgagee or trustee shall be allowed a commission of five per centum on the first five hundred dollars and three per centum on the balance of the purchase money actually paid by the purchaser at any sale, and one and one-half per centum on the amount of the purchase, money not paid into the hands of the mortgagee or trustee, but credited on the debt. when the creditor becomes a purchaser.

When the property is lawfully advertised for sale under a mortgage

Commission where sale advertised is postponed.

or deed of trust, and the sale is prevented by payment of the debt or is suspended or postponed by arrangement between the parties interested. the trustee shall be entitled to a commission of one per centum on the amount of the debt secured in addition to the expenses incurred by him. and he shall be entitled to such allowance as often as such advertisement shall be made necessary by the default of the debtor: Provided. That if a sale shall actually take place under any such advertisement,

Proviso.

—limit.

he shall not be entitled to more than one such allowance in addition to his commission on the proceeds of an actual sale.

Sec. 540. Recording.—

No bill of sale or mortgage or deed of trust

Recording.

to secure a debt of any personal chattels whereof the vendor, mortgagor, or donor shall remain in possession, shall be valid and effectual to pass the title therein, except as between the parties to such instrument and as to other persons having actual notice of it. unless the same be executed, acknowledged, and within ten days from the date of such acknowledgment recorded in the same manner as deeds of real estate, as herein directed, and as to third persons not having notice of it, as aforesaid, such instrument shall be operative only from the time within said ten days when it is delivered to the recorder of deeds to be recorded.

Sec. 547. Conditional sales.—

No conditional sale of chattels in

Conditional sales.

virtue of which the property is delivered to the purchaser, but by the terms of which the title is not to pass until the price of said chattels is fully paid, shall be valid as against third persons acquiring title to said property from said purchaser without notice of the terms of said sale, unless the terms of said sale are reduced to writing and signed by the parties thereto and acknowledged by the purchaser and recorded in the same manner as a chattel mortgage, as hereinabove provided; and said writing shall be indexed as if the purchaser were a mortgagor and the seller a mortgagee of such chattels, and shall be operative as to third persons without actual notice of it from the time of being so recorded.

Sec. 548. Appointment and duties.—

There shall be a recorder of

Appointment and duties.

deeds of the District, appointed by the President, by and with the advice and consent of the Senate, who shall record all deeds, contracts, and other instruments in writing affecting the title or ownership of any real estate or personal property in the District which shall have been duly acknowledged ana certified, and who shall perform all requisite services connected therewith, and shall have charge and custody of all the records, papers, and property appertaining to his office

Sec. 549. Deputy recorder.—

The recorder of deeds is authorized

Deputy recorder.

to appoint a deputy recorder, and all deeds of conveyance, leases, powers of attorney, and other written instruments required to be tiled and recorded, and all copies of instruments and records and certificates authorized by law, tiled, recorded, made, and certified by the deputy recorder shall have the same legality, force, and effect as if performed by the recorder.

Sec. 550. Vacancy.—

In case of a vacancy in the office of the recorder by death, resignation, or other cause the deputy recorder shall act

Proviso.

—no additional expense.

until a recorder shall be duly appointed and qualified: Provided. That no additional expense shall be incurred by the District for said deputy and no other fees shall be allowed than are now provided by law.

Sec. 551. Typewritten records.—

The recorder of deeds is authorized and empowered to purchase and use in his office, for the recording of deeds and other instruments of writing required by law to he recorded in said office, typewriting machines, to be paid for as appropriations may be made from time to time; and all deeds and other instruments of writing entitled by law to be recorded in said office which shall be recorded by typewriting machines are hereby declared to be legally recorded.

Sec. 552. Fees.—

The legal fees for the services of the recorder shall be as follows, namely:

For tiling, recording, and indexing, or for making certified copy of any instrument containing two hundred words or less, fifty cents, and fifteen cents for each additional hundred words, to be collected at the time of filing and when the copy is made. For each certificate and seal, twenty-five cents. For searching records extending back two years or less next preceding current date, twenty-five cents, and five cents for each additional year, to be paid by the party for whom the search may be made. For recording a town plat, three cents for each lot such plat may contain. For recording a plat or survey, live cents for each course such survey may contain. For tiling and indexing any paper required by law to be filed in his office, fifteen cents. For taking any acknowledgment, fifty cents.

Sec. 553. Salary; surplus to be paid into the Treasury.—

The recorder of deeds of the District of Columbia shall not retain of the fees and emoluments of his office for his personal compensation over and above his necessary clerk hire and the incidental expenses of his office, certified to by the supreme court of the District of Columbia, or by one of its justices appointed by it for that purpose, and to be audited and allowed by the proper accounting officer of the Treasury, a sum exceeding four thousand dollars a year or exceeding that nite

Surplus to be paid Into the Treasury.

for any time less than a year: and the surplus of such fees and emoluments shall be paid into the Treasury to the credit of the District of

Proviso.

Clerks.

Columbia: Provided, That the number of clerks and others employed in the office of the recorder of deeds shall not be increased, except that additional copyists may be employed for temporary service as the necessities of the office may require, nor shall the salary or compensation of clerks and others be increased beyond the salaries or compensation paid during the fiscal year eighteen hundred and ninety-one;

Salary of deputy.

and the salary of the deputy recorder of deeds shall be two thousand five hundred dollars per annum, to be paid out of the fees and emoluments of said office of recorder of deeds.

Sec. 554. List of transfers to be furnished to collector of taxes.—

The recorder of deeds shall furnish to the collector of taxes, on or about the first Monday in January and July of each year, correct lists of the transfers of real property in the District during the preceding half year, so far as can be ascertained by the records in his office, but shall not be entitled to any compensation for such service.

Sec. 555. Instruments not executed or acknowledged according to law not to be recorded.—

The recorder shall not accept for record or record any instrument which shall not be executed and acknowledged agreeably to law by the person or party therein granting or contracting with respect to his light, title, or interest in the land therein described; and the record of any such instrument, if the same should be recorded, and the knowledge by any person of the fact of such record shall not be either constructive or actual notice of the existence of such instrument.

Sec. 556. Public records to be open for inspection.—

All public

Public records to be open for inspection.

records which have reference to or in any way relate to real or personal property in the District of Columbia, whether the same be in the office of the recorder of deeds or in some other public office in the District of Columbia, shall be open to the public for inspection free of charge.

Sec. 574. Certificate of organization.—

Any five or more per-sons desirous of associating themselves for the purpose of establishing an institution of learning, may make, sign, and acknowledge, before any officer authorized to take acknowledgment of deeds in the District, and file in the office of the recorder of deeds, a certificate in writing, to be recorded in a book kept for that purpose and open to public inspection, in which shall be stated:

Sec. 575. Signers incorporated.—

Upon filing such certificate, the

Signers incorporated.

persons signing and acknowledging the same and their successors and associates shall be a body politic and corporate, by the name and style stated in the certificate, and by that name and style shall have perpetual succession, with power to sue and be sued, plead and be impleaded: to acquire, hold, and convey property in all lawful ways; to have and use a common seal, and to alter and change the same at pleasure; to make and alter, from time to time, such by-laws not inconsistent with the Constitution of the United States or the laws in force in the District as they may deem necessary for the government of the institution, and to confer upon such persons as may be considered worthy such academical or honorary degrees as are usually conferred by similar institutions.

Sec. 576. Corporate powers.—

Such corporation shall be competent

Corporate powers.

in law and equity to take to themselves, in their corporate name, real, personal, or mixed property by gift, grant, bargain and sale, conveyance, will, devise, or bequest of any person whomsoever, and to grant, bargain, sell, convey, demise, let, place out at interest, or otherwise dispose of the same for the use of the institution, in such manner as shall seem most beneficial thereto.

Sec. 577. Property held, for what purposes.—

Such corporation

Property held, for what purposes.

shall hold the property of the institution solely for the purposes of education, and not for the individual benefit of themselves or of any contributor to the endowment thereof.

Sec. 578. Funds, how applied.—

The trustees, directors, or managers

Funds, how applied

of any such corporation shall faithfully apply all the funds collected or the proceeds of the property belonging to the institution, according to their best judgment, in erecting or completing suitable buildings, supporting necessary officers, instructors, and servants, and procuring books, maps, charts, globes, and philosophical, chemical, and other apparatus necessary to the success of said institution.

Sec. 579.

In case any donation, devise, or bequest shall be made for

Specific donations.

particular purposes, in accordance with the designs of the institution, and the corporation shall accept the same, such donation, devise; or bequest shall be applied in conformity with the express condition of the donor or devisor.

Sec. 580. Quantity of land.—

No such corporation shall hold more

Quantity of land which may be held.

land at any one time than necessary for the purposes of education, as set forth in its articles of association, unless it shall have received the same by gift, grant, or devise, and in such ease the corporation shall be required to sell or dispose of the same within fifteen years from the time the title thereto is acquired.

Sec. 581.

On failure to so dispose of the land, so much of the same

Reversion of surplus. plus.

over and above the amount necessary to be used as provided in the preceding section shall revert to the original donor, grantor, devisor, or their heirs.

Sec. 582. Officers.—

Such corporation shall have the power to

Officers.

appoint a president or principal for the institution and such professors or servants as may be necessary, and to displace any of them, as the interests of the institution require; to fill vacancies which may happen by death, resignation, or otherwise among such officers or servants, and to prescribe and direct the course of studies to be pursued in the institution.

Sec. 583. Treasurer.—

Such corporation may require the treasurer

Treasurer.

of the institution and all other agents thereof, before entering upon the duties of their appointment, to give bond for the security of the corporation in such sums and with such security as may be deemed sufficient by the corporation.

Sec. 584. Annual statements.—

It shall be the duty of the trustees of any institution, or a majority of them, to file, on or before the first Monday in January in each year, in the office of the recorder of deeds, who shall index the same, a statement of the trustees and officers of the institution, with an inventory of its property and liabilities and students, and such other information as will exhibit its condition or operation.

Sec. 585. Suits.—

All process against any such corporation shall be by summons, and the service of the same shall be by leaving an attested copy thereof with the president, secretary, or treasurer, or at the office of the corporation at least sixty days before the return day thereof.

Sec. 586. Quo warranto.—

In case any such corporation shall at any time violate or fail to comply with any of the preceding provisions, upon complaint being made to the supreme court of the District, a writ of quo warranto shall issue, and the district attorney of the United States shall prosecute, in behalf of the people, for a forfeiture of all rights and privileges secured by this subchapter to such corporation.

Sec. 587. Land to be acquired.—

It shall be lawful for the members of any society or congregation in the District, formed for the purpose of religious worship, to receive by gift, devise, or purchase a quantity of land not exceeding an acre, and to erect thereon such houses and buildings and to make such other use of the land and such other improvements thereon as may be deemed necessary for the purposes named, and for the comfort and convenience of the society or congregation.

Sec. 588. Trustees.—

Such society or congregation may assume a name, and any number of trustees, not exceeding ten. who shall be styled trustees of such society or congregation by the name so assumed, may be elected or appointed according to the rules or discipline governing the church or denomination to which said society or congregation may belong.

Sec. 589. Certificate.—

The persons elected or appointed as trustees shall immediately thereafter make a certificate under their hands and seals, stating the date of their election or appointment, the name of the society or congregation, and length of time for which they were elected or appointed, which shall be verified by the affidavit of one of the persons making the same, and shall be filed and recorded in the office of the recorder of deeds of the District.

Sec. 590. Tenure of office.—

The trustees shall hold office during the period stated in their certificates, and vacancies in the office of trustee may be tilled by election or appointment as above provided, and rules and regulations may be adopted in relation to the management of the estate and the duties of trustees, or for their removal from office, in accordance with the rules or discipline governing the church or denomination to which such society or congregation may belong, not inconsistent with the Constitution of the United States and the laws in force in the District.

Sec. 591.

At the expiration of the term of service of any of the trustees one or more successors may be elected or appointed, and a certificate of their appointment or election shall be made, verified, filed, and recorded as provided hereinbefore.

Sec. 592.

A failure to elect or appoint trustees at the proper time shall not work a dissolution of the society or congregation; but the trustees last elected or appointed shall be considered as in office until another election or appointment shall take place.

Sec. 593. Corporate powers.—

Such trustees and their successors

Corporate powers.

shall have perpetual succession and existence, and shall be capable in law-to sue and be sued, plead and be impleaded, answer and be answered unto, defend and be defended, in all courts of law or equity whatsoever, in and by the name and style assumed as hereinbefore provided.

Sec. 594. Title vested ix trustees.—

The title to land authorized

Title vested in trustees.

to be purchased and to buildings and improvements thereon shall be vested in the trustees by their assumed name and their successors for-ever, and the same shall be held for the uses and purposes named and no other.

Sec. 595. Powers of trustees.—

The trustees shall have power, under the

Powers of trustees.

direction of the society or congregation, or the authority by whom they were elected or appointed, to sell and execute deeds and conveyances of the propertv authorized to be held by the society or congregation; and such deeds or conveyances shall have the same effect as like deeds or conveyances made by natural persons: but no deed or conveyance shall be made so as to defeat or destroy the interest or effect of any grant, donation, or bequest, and all grants, donations, and bequests shall be appropriated and used as directed by the person making the same.

Sec. 596. Mortgages.—

The trustees shall have power, under the

Mortgages.

direction of the society or congregation, or the authority by whom they were elected or appointed, to execute mortgages, or deeds of trust in the nature of mortgages, upon the estate and property which any society or congregation are authorized to hold, or to lease the same for a term not exceeding ten years; and such mortgages, deeds, and conveyances shall have the same effect and be enforced by the same remedies and proceedings as like mortgages, deeds, leases, and conveyances made by natural persons.

Sec. 597. Dissolution.—

Upon the dissolution of any society or congregation

Dissolution.

the estate and property of such society or congregation shall revert back to the persons, their heirs, and assigns who may have given or contributed to the purchase of or payment for the same, according to their respective rights.

Sec. 598. Religious schools.—

The provisions of the eleven preceding

Religious schools.

sections are intended to extend to members of societies formed to establish and maintain private schools for religious purposes, but shall not be construed as conferring privileges or any benefits to such societies under the school laws of the District.

Sec. 599. Certificate.—

Any three or more persons of full age,

Certificate.

citizens of the United States, a majority of whom shall be citizens of the District, who desire to associate themselves for benevolent, charitable, educational, literary, musical, scientific, religious, or missionary purposes, including societies formed for mutual improvement or for the promotion of the arts, may make, sign, and acknowledge, before any officer authorized to take acknowledgment of deeds in the District, and file in the office of the recorder of deeds, to be recorded by him, a certificate in writing, in which shall be stated—

Sec. 600. Signers incorporated.—

Upon filing their certificates the persons who shall have signed and acknowledged the same and their associates and successors shall be a body politic and corporate,

—powers.

by the name stated in such certificate; and by that name they and their successors may have and use a common seal, and may alter and change the same at pleasure, and may make by-laws and elect officers and agents, and may take, receive, hold, and convey real and personal estate necessary for the purposes of the society as stated in their certificate, and other real and personal property the clear annual income from which shall not exceed in value twenty-five thousand dollars;

Proviso.

Exemption from taxation.

Provided, however, That this section shall not be construed to exempt any property from taxation in addition to that now specifically exempted by law.

Sec. 601. Trustees.—

Such incorporated society may elect its trustees. directors, or managers at such time and place and in such mañuelas may be specified in its by-laws, who shall have the control and management of the affairs and funds of the society, and a majority of whom shall be a quorum for the transaction of business; and whenever any vacancy shall happen in such board of trustees, directors, or managers the vacancies shall be tilled in such manner as shall be provided by the by-laws of the society.

Sec. 602. Reincorporation.—

The trustees, directors, or stockholders of any existing benevolent, charitable, educational, musical, literary, scientific, religious, or missionary corporation, including societies formed for mutual improvement, may. by conforming to the requirements herein, reincorporate themselves, or continue their existing corporate powers under this subchapter, or may change their name, stating in their certificate the original name of such corporation as well as their new name assumed; and all the property and effects of such existing corporation shall vest in and belong to the corporation so reincorporated or continued.

Sec. 603. Property, how managed.—

Any property of the corporation may be leased, encumbered by mortgage or deed of trust in the nature of a mortgage, or sold and conveyed absolutely, when authorized by a vote of the majority of the shares of stock, if the same be a stock corporation, or by a vote of the majority of the directors, managers, or trastees, if the same be not a stock corporation, at a meeting called for the purpose, the proceedings of which meeting shall be duly entered in the records of the corporation, and the proceeds arising therefrom shall be applied or invested for the use and benefit of such corporation.

Sec. 604. Name of corporation.—

The provisions of this subchapter shall not extend or apply to any association or individual who shall in the certificate filed with the recorder of deeds use or specify a name or style the same as that of any other incorporated body in the District.

Sec. 605. Certificate.—

Any three or more persons who desire to form a company for the purpose of carrying on any enterprise or business which may be lawfully conducted by an individual, excepting banks of circulation or discount, corporations to buy, sell, or deal with real property, railroads, and such other enterprise or business as may be otherwise specially provided for in this code, may make, sign, and acknowledge, before some officer competent to take the acknowledgment of deeds, and tile in the officer of the recorder of deeds, a certificate in writing.

Sec. 606.

In such certificate shall be stated—

—contents of.

Sec. 607. Signers incorporated.—

When the certificate shall have

Signers incorporated.

been filed, in accordance with the provisions of the preceding section, the persons who shall have signed and acknowledged the same and their successors shall be a body politic and corporate in fact and in name, by the name stilted in such certificate, and by that name have succession and be capable of suing and being sued in any court of law or equity in the District; and they and their successors may have a common seal and make and alter the same at pleasure, and they shall by their corporate name be capable in law of purchasing, holding, and conveying any real or personal estate whatever which may be necessary to enable the company to carry on its operations named in such certificates. but shall not, mortgage such estate or give any lien thereon, except in pursuance of a vote of the stockholders of the company.

Sec. 608. Trustees.—

The stock, property, and concerns of such

Trustees.

company shall be managed by not less than three nor more than fifteen trustees, who shall, respectively, be stockholders, and a majority citizens of the District, and shall, except for the first year, be annually elected by the stockholders, at such time and place as shall be deter-mined by the by-laws of the company.

Sec. 609. Elections.—

Public notice of the time and place of holding

Elections.

such election shall be published not less than thirty days previous thereto in some newspaper printed and published in the District, and the election shall be made by such of the stockholders as shall attend for that purpose, either in person or by proxy. All the elections shall be by ballot, and each stockholder shall be entitled to as many votes as he owns shares of stock in the company, and the persons receiving the greatest number of votes shall be trustees; and when any vacancy shall happen among the trustees it shall be filled for the remainder of the year in such manner as may be provided by the by-laws of the company.

Sec. 610.

In case it shall happen at any time that an election of trustees

Failure to elect on day designated not to dissolve company.

shall not be made on the day designated by the by-laws of said company when it ought to have been made, the company shall not for that reason be dissolved, but it shall be lawful on any other day to hold an election for trustees, in such manner as shall be provided by the by-laws, and all acts of trustees shall be valid and binding as against said company until their successors shall be elected.

Sec. 611. Officers.—

There shall be a president of the company,

Officers.

who shall be designated from the trustees; and also such subordinate officers as may be elected or appointed, and who may be required to give security for the faithful performance of the duties of their office, as the company by its by-laws may require.

Sec. 612. By-laws.—

The trustees shall have power to make such

By-laws.

prudential by-laws as they deem proper for the management and disposal of the stock and business affairs of such company, not inconsistent with the laws of the District and the Constitution of the United States, and prescribing the duties of officers, artificers, and servants that may be employed, for the appointment of all officers, and for carrying on all kinds of business within the objects and purposes of such company.

Sec. 613. Calls.—

No company incorporated under this subchapter shall be authorized to transact any business until ten per centum of the capital stock shall have been actually paid in, either in money or in property at its actual value; and it shall be lawful for the trustees to call in and demand from the stockholders the residue of their subscriptions in money or property at such times and in such installments as the trustees shall deem proper, under the penalty of forfeiting the shares of stock subscribed for and all previous payments made thereon, if payment shall not be made by the stockholder within sixty days after a personal demand or a notice requiring such payment shall have been published for six successive weeks in a newspaper in the District.

Sec. 614. Stock.—

The stock of such company shall be deemed personal estate and shall be transferable in such manner as shall be prescribed by the by-laws of the company; but no shares shall be transferable until all previous calls thereon shall have been fully paid in or the shares shall have been declared forfeited for nonpayment.

Sec. 615. Liability of stockholders.—

All the stockholders of every company incorporated under this subchapter shall be severally individually liable to the creditors of the company in which they are stockholders for the unpaid amount due upon the shares of stock held by them, respectively, for all debts and contracts made by such company, until the whole amount of capital stock fixed and limited by such company shall have been paid in, and a certificate thereof shall have been made and recorded, as prescribed in the following section.

Sec. 616. Payments on capital stock.—

The president and a majority of the trustees, within thirty days after the payment of the last installment of the capital stock so fixed and limited, shall make a certificate stating the amount of the capital so fixed and paid in, which certificate shall be signed and sworn to by the president and a majority of the trustees; and they shall within the said thirty days record the same in the office of the recorder of deeds of the District.

Sec. 617. Annual reports.—

Every such company shall annually, except insurance companies, within twenty days from the first of January, make a report, which shall be published in a newspaper in the District, which shall state the amount of capital and of the proportion actually paid and the amount of existing debts, which report shall be signed by the president and a majority of the trustees, and shall be verified by the oath of the president or secretary of the company, and tiled in the office of the recorder of deeds of the District.

Sec. 618. Penalty for failure.—

If any company fails to comply with the provisions of the preceding section, all the trustees of such company shall be jointly and severally liable for the debts of the company then existing and for all that shall be contracted before such report shall be made.

Sec. 619. False report.—

If any certificate or report made or public notice given by the officers of any company in pursuance of the pro-visions of this subchapter shall be false in any material representation, all the officers who shall have signed the same, knowing it to be false, shall be jointly and severally liable for all debts of the company contracted while they are stockholders or officers thereof.

Sec. 620. Stock of other companies not to be bought.—

It shall not be lawful for any company to use any of their funds in the purchase of any stock in any other corporation.

Sec. 621. Loans to stockholders.—

No loan of money shall be made by any company upon the security, in whole or in part, of its own stock; and if any such loan shall be made to a stockholder, the officers who shall make it or who shall assent thereto shall be jointly and severally liable, to the extent of such loan and interest, for all debts of the company contracted while they are stockholders or officers thereof.

Sec. 622. Dividends.—

If the trustees of any company shall declare,

Dividends: trustees liability.

and pay any dividend the payment of which would render it insolvent, or which would diminish the amount of its capital stock, they shall be jointly and severally liable for all the debts of the company then existing and for all that shall he thereafter contracted while they shall respectively remain in office.

Sec. 623.

If any of the trustees shall object to declaring such dividend

—objections of, to declaring, etc.

or the payment of the same, and shall, at any time before the time fixed for the payment thereof, tile a certificate of their objection in writing with the secretary of the company and with the recorder of deeds of the District, they shall be exempt from the liability prescribed in the preceding section.

Sec. 624. Executors, and so forth, not personally liable.—

No person holding stock in such company as executor, administrator, guardian, or trustee shall be personally subject to any liability as stock-holder of such company, but the estate and funds in the hands of such executor, administrator, guardian, or trustee shall be liable in like manner and to the same extent as the testator or intestate or the ward or person interested in such trust fund would have been if he had been living and competent to act and hold the stock in his own name.

Sec. 625. Executors, and so forth, may vote.—

Every such executor,

Executors, etc., may vote.

administrator, guardian, or trustee shall represent the stock in his hands at all meetings of the company, and may vote accordingly as a stockholder.

Sec. 626. Pledges of stock.—

No person holding stock in such

Pledges of stock.

company as collateral security shall be personally subject to any liability as stockholder of such company, but the person pledging such stock shall be considered as holding the same, and shall be liable as a stock-holder accordingly: and every person who shall pledge his stock as collateral security may. nevertheless, represent the same at all meetings and vote as a stockholder.

Sec. 627. Stock book.—

It shall be the duty of the trustees of every

Stock book.

corporation formed under this subchapter to cause a book to be kept by the treasurer or secretary thereof, containing the names of all persons alphabetically arranged, who are or shall within six years have been stockholders of such company, and showing their place of residence. the number of shares of stock held by them respectively, the time when they became owners of such shares, and the amount of stock actually paid in.

Sec. 628.

Such look shall, during the usual business hours of the

—open for inspection, etc.

day, on every business day, be open for inspection of stockholders and creditors of the company and their personal representatives, at the office or principal place of business of such company in the District where its business operations shall be located, and any stockholder, creditor, or representative shall have a right to make 'extracts from such books.

Sec. 629. Transfers.—

A person in whose name shares of stock stand

Transfers.

on the books of a company shall be deemed the owner thereof as regards the company, but if any such person shall in good faith sell, pledge, or otherwise dispose of any of his shares of stock to another and deliver to him the certificate for such shares, with written authority for the transfer of the same on the books, the title of the former shall vest in the latter so far as may be necessary to effect the purpose of the sale, pledge, or other disposition. not only as bet ween the parties themselves, but also as against the creditors of and subsequent purchasers from the former, subject to the provisions of section six hundred and fourteen.

Sec. 630.

Such book shall be presumptive evidence of the facts

Weight of book as evidence.

therein stated in favor of the plaint iff in any suit or proceeding against such company or against any one or more stockholders.

Sec. 631. Inspection of books.—

Every officer or agent of any company who shall neglect to make any proper entry in such book, or shall refuse or neglect to exhibit the same, or allow the same to be inspected and extracts to be taken therefrom, as herein provided, shall be deemed guilty of a misdemeanor, and the company shall pay to the party injured a penalty of fifty dollars for any such neglect or refusal, and all damages resulting therefrom.

Sec. 632.

Every company that shall neglect to keep such book open for inspection, as provided in section six hundred and twenty-eight, shall forfeit to the United States the sum of fifty dollars for every day it shall so neglect, to be sued for and recovered in the supreme court of the District.

Sec. 633. Increase or diminution of stock.—

Any company which may be formed under this subchapter may increase or diminish its capital stock, by complying with the, provisions of this subchapter, to any amount which may be deemed sufficient and proper for the purposes of the corporation, and may also extend its business to any other business authorized hereby, subject to the provisions and liabilities of this subchapter.

Sec. 634.

Before any corporation shall be entitled to diminish the amount of its capital stock, if the amount of its debts and liabilities shall exceed the amount of capital to which it is proposed to be reduced, such amount of debts and liabilities shall be satisfied and reduced so as not to exceed such diminished amount of capital.

Sec. 635.

Whenever any company shall desire to call a meeting of the stockholders for the purpose of increasing or diminishing the amount of its capital stock, or for extending or changing its business, it shall be the duty of the trustees or directors to publish a notice, signed by a majority of them, in a newspaper in the District, at least three successive weeks, and to deposit a notice thereof in the post- office addressed to each stockholder at his usual place of residence, at least three weeks previous to the day fixed upon for holding such meeting, specifying the object of the meeting and the time and place when and where such meeting shall be held.

Sec. 636.

If, at any time and place specified in the notice provided for in the preceding section, stockholders shall appear by proxy or in person representing not less than two-thirds of all the shares of stock of the corporation, they shall organize and proceed to a vote of those present or by proxy.

Sec. 637.

If, on canvassing the votes, it shall appear that a sufficient number of votes are in favor of increasing or diminishing the amount of capital, or extending or changing the business of the company, a certificate of the proceedings, showing a compliance with the provisions of this subchapter, the amount of capital actually paid in. the business to which it is extended or changed, the whole amount of debts and liabilities of the company, and the amount to which the capital shall be increased or diminished, shall be made out, signed, and verified by the affidavit of the chairman, and be countersigned by the secretary.

Sec. 638.

Such certificate shall be acknowledged by the chairman, and tiled as required by section six hundred and six. and when so tiled the capital stock of such corporation shall be increased or diminished to the amount specified in the certificate, and the business extended or changed accordingly; and the company shall be entitled to the privileges and provisions and be subject to the liabilities of this subchapter.

Sec. 639.

A vote of at least two-thirds of all the shares of the stock of a company shall be necessary to an increase or diminution of the amount of its capital stock or the extension or change of its business.

Sec. 640. Copy of certificate to be evidence.—

A copy of any certificate of incorporation tiled in pursuance of this subchapter, certified by the recorder of deeds to be a true copy and the whole of such certificate, shall be received in all courts and places as presumptive legal evidence of the facts therein stated.

Sec. 641. Title and fire insurance companies may become perpetual.—

Any company heretofore formed, agreeably to law, for the purpose of insuring titles to real estate, or for the purpose of carrying on fire insurance, may become perpetual by filing, in the office of the recorder of deeds, a certificate to that effect, in like manner as is provided by law for the filing of the original certificate of incorporation.

Sec. 642. Sale of unclaimed freight, and so forth.—

Whenever

Sale of unclaimed freight, etc., by common carrier.

any freight, baggage, or other property transported by a common carrier to, or deposited with a common carrier at. any point in the District of Columbia, shall remain unclaimed by the owner or consignee, or the charges thereon shall remain unpaid for the space of six months after arrival at the point to which the same shall have been directed or transported, or after deposit as aforesaid, and the owner or person to whom the same is consigned, or by whom the same shall have been

—notice to consignee.

deposited, shall, after notice of such arrival, or after notice to take away such property so deposited, neglect or refuse to receive the same and pay the charges thereon within such period of six months, then it shall be lawful for such carrier to sell such freight, baggage, or other property at public auction, after giving three weeks’ notice of the time and place of sale, once a week for three successive weeks, in a news-paper published in the District of Columbia.

Sec. 643.

Upon the application of such carrier, verified by affidavit,

—order of court where notice impracticable.

to the supreme court of the District of Columbia holding a special term, setting forth that the place of residence of the owner or consignee of any such freight, baggage, or other property is unknown, or that such freight, baggage, or other property is of such perishable nature, or so damaged, or snowing any other cause that shall render it impracticable to give the notice or delay the sale for the period provided in the next preceding section, then it shall be lawful for such court to make an order authorizing the sale of such freight, baggage, or other property upon such terms as to notice as the nature of the case may admit of and to such court shall seem meet: Provided, That

Proviso.

—proceedings where property perishable.

in case of perishable property the affidavit and proceedings required and authorized by this section may be had before a justice of the peace.

Sec. 644.

The residue of moneys arising from any such sale, under

Disposition of residue of moneys from sale.

either of the two next preceding sections, after deducting the amount of charges, including charges for transportation, the cost of handling and storage, demurrage, and the costs and expenses of proceedings to authorize the sale, and of advertising and sale, shall be paid to the owner of such freight, baggage, or other property on demand.

Sec. 645. Department of insurance.—

There shall be, and is hereby,

Department of insurance.

established in the District a department of insurance, under the direction of the Commissioners of the District. The said Commissioners

Superintendent, etc.

are authorized and directed to appoint a superintendent of insurance, at an annual salary of two thousand five hundred dollars, and one clerk, at an annual salary of one thousand dollars. The said superintendent and clerk shall devote their services exclusively to the business of said department. Said superintendent shall have supervision of all matters pertaining to insurance, insurance companies, and beneficia, orders and associations, subject only to the general supervision of the Commissioners.

Sec. 646. Duties of superintendent, and so forth.—

It shall be the duty of said superintendent to see that all laws of the United States relating to insurance or insurance companies, benefit orders, and associations doing business in the District are faithfully executed; to keep on file in his office copies of the charters, declarations of organization, or articles of incorporation of every insurance company, benefit association or order, including life, fire, marine, accident, plate-glass, steam-boiler, burglary, cyclone, casualty, live-stock, credit, and

Papers to be filed with, before issue of license.

maturity companies or associations doing business in the District; and before any such insurance company, association, or order shall be licensed to do business in the District it shall file with said superintendent a copy of its charter, declaration of organization, or articles of incorporation, duly certified in accordance with law by the insurance commissioners or other proper officer of the State. Territory, or nation where such company or association was organized; also a certificate setting forth that it is entitled to transact business and assume risks

Outside companies to appoint Attorney.

and issue policies of insurance therein; and if its principal office is located outside the District it shall appoint some suitable person, resident in said district, as its attorney, upon whom legal process may be

Fees.

served; and the fees for filing with the superintendent such papers as are required by this section shall be ten dollars, to be paid to the collector of taxes, and no other license fee shall be required of such insurance companies or associations except as provided in sections six hundred and fifty-four and six hundred and fifty-five of this subchapter.

Regulations.

Said superintendent shall have power to make such rules and regulations, subject to the general supervision of the Commissioners, not inconsistent with law, as to make the conduct of each company in the same line of insurance conform in doing business in the District.

Sec. 647. Annual statements.—

The said superintendent shall furnish. in December of each year, to every company or association herein before mentioned, or its agent or attorney in the District, the necessary blank forms for the annual statements for such company or association, which shall be returned to the superintendent on or before the first day of March in each year, signed and sworn to by the president and secretary, or if a foreign company by its manager or proper representative within the United States, showing its true financial condition as of the next preceding thirty-first day of December, which shall include a detailed statement of its assets and liabilities on that day. the amount and character of business transacted, losses sustained, and money received and expended during the year, and such other information as the said superintendent may deem necessary. Such annual statements shall be printed in at least one newspaper published in the District of Columbia, in the month of March in each year; and any such company or association failing to comply with the provisions aforesaid shall have its license to do business in the District revoked.

Sec. 648. Paid-up capital required, and so forth.—

No tire insurance company, except mutual fire insurance companies organized in the District of Columbia under special act of Congress or the general laws of said District, or mutual companies of other States licensed to do business in the. said District, which has a paid-up capital of less than one hundred thousand dollars, shall be permitted to do business therein, and all life and tire insurance companies or associations licensed to do business in said District shall be required to maintain a

Reinsurance reserve fund.

reinsurance reserve fund; and whenever any such company or association not excepted from the operations hereof shall become insolvent or impaired to the extent of twenty-five per centum of its

Suspension of license for insolvency.

capital stock it shall be the duty of the superintendent to suspend its license; and unless such impairment or insolvency shall be made good within sixty days thereafter, it shall be the duty of the superintendent of insurance to revoke its license to do business in the District; and it shall he unlawful for any insurance

Transacting business without license; penalty.

company, association, or order to do business in the District without a license, or to continue business after the revocation of its license, and any such company or association violating this provision shall be liable to a penalty of twenty dollars for each day it transacts business without such license, to be recovered by the Commissioners of the District by an action of debt in any court of the District of competent jurisdiction. And any person who shall aid in carrying on the business of any such company, or shall act as agent or solicitor for any company not licensed to do business in said District, or whose license is revoked, shall be guilty of a misdemeanor, and on conviction thereof in the police court of said District shall be punished by a fine not exceeding one hundred dollars, or, in default of payment thereof, by imprisonment in the jail of the District for not less than ten nor more than sixty days. And the superintendent of insurance shall issue such license to any such insurance company or association when-ever it shall have complied with the. provisions of section six hundred and forty-six of this subchapter, subject, however, to the provisions of sections six hundred and fifty-four and six hundred and fifty-five thereof: Provided, That the superintendent of insurance shall have

Proviso.

Ascertaining insolvency.

power to make an official examination into the, affairs of any insurance company or association organized under the laws of the District of Columbia, or having its principal office therein, at his discretion, for the purpose of ascertaining whether such company is impaired or insolvent, as aforesaid.

Sec. 649. Deposit required of foreion companies.—

No insurance

Deposit required of foreign companies.

company or association organized outside the territorial limits of the United States shall he licensed to do business in the District until it shall have complied with the laws of some one of said States requiring a deposit of not less than one hundred thousand dollars, or deposited in the registry of the supreme court of the District United States or municipal bonds, the market value of which shall be not less than one hundred thousand dollars, to be approved by the superintendent of insurance. and the Commissioners of the District, to be held and maintained unimpaired in the registry of said court as a reserve fund for the liquidation of any judgment or judgments that may be obtained against such insurance company or association in said court, or any inferior court of competent jurisdiction in said District; and the financial

Financial statements to show assets, etc.

statements of insurance companies or associations, required hereby to be tiled annually with the superintendent of insurance, shall set forth specifically the assets, liabilities, and conduct of the affairs of such companies or associations within the United States, and such statement shall be verified under oath by the manager and assistant manager or other proper officers of such companies or associations within the United States; and so much of this subchapter as requires the publication of annual statements shall only extend to the statements respecting the affairs of such foreign companies or associations within the United States.

Sec. 650. Statement of business in District of Columbia.—

Every insurance company and association doing business in the District of Columbia shall, through its local agents or representatives, furnish to the superintendent, during the month of January of each year, a statement of its business in said District, setting forth specifically the net amount of its premium receipts, the amount of losses paid, the amount of expenses incurred, respecting the business done in the District during the calendar year next preceding, and said superintendent shall preserve a separate record of the same in his office, for convenient reference, showing the ratio of such losses and expenses, respectively, to said premium receipts, “and all insurance companies of every description, except mutual fire insurance companies, shall pay to the collector of taxes before March first of each year a sum equal to one and one-half per centum of said premium receipts of the last preceding calendar year, in lieu of all other taxes, except taxes upon real estate and any license fees provided for in sections six hundred and fifty-four and six hundred and fifty-five; and upon the failure of any company to pay said taxes before March first, as aforesaid, the license of said company shall be revoked and a penalty of eight per centum per month shall be charged against said company, which, together with said taxes, shall be collected before said company shall be allowed to resume business.”

Sec. 651. Superintendent to make annual report.—

The superintendent of insurance shall report annually to the Commissioners of the District, on or before the thirty-first day of March, the financial condition of each insurance company and association doing business in said District, as of the thirty-first day of December next preceding.

Sec. 652. Inquiries as to District companies.—

It shall be the duty of the said superintendent of insurance to ascertain whether the capital required by law or the charter of each insurance company or association organized under the laws of the District of Columbia has been actually paid up in cash and is held by its board of directors subject to their control, according to the provisions of their charter, or has been invested in property worth not less than the full amount of the capital stock required by its charter; or, if a mutual company, that it has received and is in actual possession of securities, as the ease may be,

Sworn statement of officers of company.

to the full extent of the value required by its charter; and the president and secretary of such company or association shall make a declaration under oath to said superintendent, who is hereby empowered to administer oaths when hereby required, that the tangible assets exhibited to him represent bona fide the property of the company or association, which sworn declaration shall be tiled and preserved in the office of said superintendent; and any such officer swearing falsely in regard to any of the provisions hereof shall be deemed guilty of perjury and shall be subject to all the penalties now prescribed by law in the District of Columbia for that crime.

Sec. 653. Assessment companies.—

Insurance companies or associations transacting the business of life insurance on the assessment plan, organized under the laws of the District of Columbia or of any State of the United States, and doing business in said District, shall not be required to comply with the provisions of the next preceding section in

—sworn statement.

regard to its assets; but such assessment companies or associations shall be required, as a condition of license to do business in said District, to file annually in the month of January with said superintendent a sworn statement setting forth that they are paying, and for the twelve months next preceding have paid, the maximum amount named in their policies or certificates of membership when and as the same become due and payable, and that one assessment upon their members is sufficient to pay the maximum amount for such certificate or policy issued,

—certificate as to emergency fund.

and such other information as he may require. Such assessment companies or associations shall also furnish said superintendent evidence that they hold an emergency or surplus fund as a guaranty for the payment of future death claims when the same is required by the charter or constitution of the company or association; and any such company or association licensed to do an insurance business refusing or neglecting to furnish such certificate shall have its license to do business in the District of Columbia revoked; but the provisions of this section shall apply only to associations transacting life insurance upon the assessment plan.

Sec. 654. Insurance agents.—

No person, firm, or corporation shall act as agent for any insurance company or association, or act as insurance broker or agent for procuring or placing insurance for commissions, compensation, gain, or profit, without first having obtained a license as an insurance agent or broker from the superintendent of insurance of the District. Every such license certificate shall have printed conspicuously upon its face the words “General insurance license,” and for such license the sum of fifty dollars shall be paid annually in the month of March to the collector of taxes of said District. All licenses for insurance companies, their agents, or solicitors,

—duration of.

who may apply for permission to do business in the District of Columbia shall date from the first of the month in which application is made and expire on the thirtieth day of April following, and payment shall be made in proportion. No person, firm, or corporation, or association shall allow or pay any commission, rebate, or compensation whatever, directly or indirectly, to. for. or in behalf of any person, firm, or corporation doing business in the District of Columbia not licensed as herein provided. Any violation of this section shall be a

Penalty.

misdemeanor and, on conviction in the police court of said District, be subject to the penalties provided in section six hundred and forty-eight aforesaid for the misdemeanors therein described: Provided,

Provisos.

Licenses to firms, etc., extent of.

That licenses to firms, corporations, or associations shall be held to extend only to the bona tide copartners, not exceeding two in one. firm, and to the secretary and one assistant secretary of each corporation or association so licensed, any one of whom may be held anti dealt with on behalf of such firm, corporation, or association for any violation of the provisions hereof: And provided further, That all moneys paid as

Disposition of moneys paid as fines.

fines under the provisions hereof shall be turned over to the proper custodian of the relief or pension fund of the fire department of the District, to be used and accounted for agreeably to the then existing rules for the use of such relief or pension fund.

Sec. 655. Fraternal associations, and so forth.—

Nothing

Fraternal associations; rights of, unabridged.

herein contained shall be held to interfere with or abridge the rights of, or apply to. any fraternal beneficial societies, orders, or associations under the act of Congress entitled “ An act regulating fraternal beneficial

Vol. 29, p. 680.

associations in the District of Columbia.” approved March third, eighteen hundred and ninety-seven, the provisions of which are embodied in subchapter twelve of this chapter, except that the superintendent of insurance herein provided for shall be substituted for and perform all the duties in said act of Congress assigned to the assessor of the District of Columbia: Provided, That any insurance company or agent

Provisos.

Insurance solicitors.

licensed to do business in the District of Columbia may employ solicitors, and the license fee to be paid for each solicitor so employed shall

—license of.

be tire dollars per year, payable in the month of March, and such license shall have printed on its face the words “Insurance solicitor’s license.” and shall contain the name of the company for which such solicitor is employed, and no other: Provided, That nothing herein

Industrial insurance.

contained shall be held to prevent any life or tire insurance company from carrying on the business commonly known as industrial insurance, and the license fee to be paid for solicitors for such industrial insurance

—solicitors’ license.

shall be two dollars for every such solicitor, to be paid in the month of March in each year. Such license certificate shall have conspicuously printed on its face “Industrial insurance license,” and shall also express upon its face the name of the company for which such solicitor is employed: and any certificate of license granted under this section or the next preceding section may be assigned, upon application

Assignment of certificate of license.

to the superintendent of insurance, by canceling the old certificate and issuing a new one of like tenor to the assignee for the unexpired term, for which assignment a fee of twenty-five cents shall be paid to the collector of taxes; and any person who shall act as solicitor for any such

Penalty.

insurance company, without having first procured such license therefor, or shall solicit for any company other than the one named in such license, shall be guilty of a misdemeanor and, on conviction thereof in the police court of said District, be punished by a fine of not less than ten dollars nor more than fifty dollars, and in default of payment of such fine by imprisonment in the jail of said District for a term of not less than ten days nor more than thirty days, at the discretion of the court:

Proviso.

Collecting premiums on undetermined policies by discontinued companies.

Provided, That nothing in this subchapter shall be held to prevent any life insurance company organized in the District of Columbia under special act of Congress, but which has discontinued writing new insurance, from collecting premiums or dues upon any undetermined policies under which such company has liabilities, provided such company has sufficient assets and reserves to safely meet such liabilities.

Sec. 656. Wagering policies.—

No insurance shall be made by any person or persons, bodies politic or corporate, on any ship or ships, or on any goods, merchandise, or effects laden or to be laden on board of any ship or ships, interest or no interest, or without further proof of interest than the policy, or by way of gaming or wagering, or without benefit of salvage to the insurer; and every such insurance shall be null and void to all intents and purposes.

Sec. 657. Copy of application to be attached to policy.—

Each life insurance company doing business in the District of Columbia shall attach to each policy issued by such company a copy of the application made by the insured, so that the whole contract may appear in said application and policy.

Sec. 658. How incorporated.—

When five or more persons shall associate themselves together for the purpose of forming a cemetery association in the District, such persons shall have. the. power to adopt a corporate name, and by that name shall be known as a body corporate, and by that name shall have perpetual succession and be invested with all powers, rights, privileges, liabilities, and immunities incident to corporations, and may have a common seal, and may alter or change the same at their pleasure.

Sec. 659. Powers.—

Such persons so associated shall have power to acquire by gift, grant, or purchase any lot or lots of land not exceeding fifty acres, and lay out the same for a burial place for the dead, with convenient aisles, and to sell the same for such purpose and for no other purposes, reserving a sufficient portion thereof for the burial of the stranger and indigent.

Sec. 660.

They shall cause the land designed as a burial ground to be surveyed and platted, and a plat of the ground so surveyed shall be recorded in the office of the surveyor of the District. Each lot shall be duly numbered by the surveyor and such number shall be marked on the plat and recorded.

Sec. 661.

Such association shall have power to inclose and ornament their burial ground, to build and erect a hearse house, and keep the same in proper repair; to purchase a hearse or hearses, and to do all other necessary acts to the end that all the appliances, conveniences, and benefits of a public and private cemetery may be obtained.

Sec. 662.

The proceeds arising from the sale of lots, after deducting all expenses of purchasing and laying out the same, shall be applied, appropriated, and used in improving and ornamenting the burial ground, or for other purposes named in this subchapter.

Sec. 663. Officers.—

The officers of any such corporation shall be a president, a treasurer (who shall act as a secretary), and not less than three directors, who shall be severally chosen annually by ballot, and shall hold office until their successors are chosen. Any neglect to choose officers on the day fixed upon for that purpose shall not operate as a forfeiture of the act of incorporation. in accordance with the provisions of this subchapter.

Sec. 664.

The first election of officers by the persons associating,

—first election of.

according to and for the purpose specified in section six hundred and fifty-eight, shall be at the time and place designated and agreed upon by a majority of the persons so associating themselves together, and no other than such persons shall vote at such election.

Sec. 665. Voters.—

At each subsequent election of officers of any

Voters.

such corporation the owner of a lot in said burial ground shall be entitled to one vote in the election of officers of the corporation and no more, and shall, by virtue of such membership, be a member of the corporation.

Sec. 666. By-laws.—

Each corporation shall have power to establish

By-laws.

and change by-laws and prescribe rules and regulations for its government and the duties of its officers and the management of its property.

Sec. 667. Exemption from taxation.—

The property of any such

Exemption from taxation.

corporation, its grounds, lots, and appliances, shall be exempt from taxation and shall not be liable to sale on execution.

Sec. 668. Dedication.—

Any person desiring to dedicate any lot of

Dedication.

land, not exceeding five acres, as a burial place for the interment of the dead for the use of any society, association, or neighborhood may, by deed duly executed and recorded, convey such land to the District of Columbia, by the corporate name of said District of Columbia, specifying in such deed the society, association, or neighborhood for the use of which the dedication is desired to be made, and thereby (provided such conveyance shall be accepted by the Commissioners of the District of Columbia) vest the title to such land in perpetuity, for the uses stated in the deed, and such land shall be thereafter exempt from taxes for all purposes whatever.

Sec. 669. Grants and bequests for care of lots.—

It shall be

Grants and bequest for care of lots.

lawful for such association to take and hold any grant, donation, or bequest upon trust to apply the income thereof, under the direction of the board of managers, for the embellishment, preservation, renewal, or repair of any tomb, monument, gravestone, or other structure, fence, railing, or other inclosure in or around any cemetery lot, or for the planting and cultivation of any trees, shrubs, flowers, or plants in or around any cemetery lot, according to the terms of such grant, donation. or bequest; and the supreme court of the District of Columbia shall have full power and jurisdiction to compel the due performance of such trusts, or any of them, upon a bill tiled by the proprietor of any lot in such cemetery for that purpose.

Sec. 670. Distance from city and from dwellings.—

No person

Distance from city and from dwellings.

or persons or cemetery association shtdl lav out any new cemetery, or part of any cemetery, within the city of Washington, in the District of Columbia, nor in said District, within one mile and a half from the boundaries of said city; no person or cemetery association shall, in said District, lay out any cemetery, or part of any cemetery, within less than two hundred yards of any dwelling house, except with the written consent of the owner, lessee, and occupant of such house, nor without a permit to do so from the Commissioners of said District.

Sec. 671. Inclosures.—

It shall be the duty of the owner or owners

Inclosures.

of any cemetery or cemeteries in said District to inclose such cemetery or cemeteries with good and sufficient walls or fences to prevent entrance thereto or exit therefrom except by gates provided for that purpose. Such cemetery or cemeteries shall, if required by the Com-missioners of said District, be underdrained to such a depth as will prevent water remaining in any grave or vault therein.

Sec. 672. Lots and plats.—

It shall be the duty of the owner or

Lots and plats.

owners of any cemetery or cemeteries in said District to divide the area to be used for graves into lots of reasonable size, to be permanently designated by conspicuous marks, so that the position of each

Plat to be filed.

may be readily determined, each lot to be duly numbered. A plat of such cemetery showing the area so divided, the division into lots, and the number of each such lot shall be tiled in the office of the surveyor of

Size of grave spaces.

said District; the grave spaces hereafter laid out for the burial of persons above ten years of age to be at least eight feet by three feet, and those for the burial of children under ten years of age at least six feet by two feet, or, if preferred by said owner or owners, one-half the measurement of the adult grave space, namely, four feet by three feet.

Sec. 673. Register.—

It shall be. the duty of the owner or owners of any cemetery or cemeteries in said District to cause to be kept in the office of the. superintendent or person in charge of such cemetery or cemeteries a register showing the number of each lot, the name, age, cause, of death, and date of burial of each person or persons buried in any such lot or grave space, and the number of the burial permit authorizing such burial. In cases of disinterment said register shall show the date of such disinterment and the number of the official permit therefor opposite the name of the person whose remains are disinterred. Such register shall be at all times open to inspection by duly authorized representatives of the health department and of the police department of said District.

Sec. 674. Superintendent to register at health department.—

It shall be the duty of the superintendent or person in charge of any cemetery or other place, for the disposal of dead bodies of human beings in the District of Columbia to register his or her name at the office of the health department of said District, giving full name, residence, and place of business, and in case of removal from one place to another in said District to make change in such register accordingly.

Sec. 675. Removal of dead bodies.—

No dead body of any human being or any part of such body shall, in said District, be removed from place to place, interred, disinterred, or in any maimer disposed of without a permit for such removal, interment, disinterment, or disposal granted by the health officer of said District, nor otherwise than in accordance with the terms of said permit; permits for the removal, interment, or disposal to be issued upon the presentation of a proper death certificate, signed by a physician registered at the health department of said District, who has attended the deceased during his or her last illness, or by the coroner of said District or his deputy, or by the proper municipal, county, or State authorities at the place where the death occurred; permits for disinterment (including permission to reinter or transport the body disinterred) to be issued upon the written application of the nearest relative or the legal representative of the deceased; and no superintendent or other person in charge of any cemetery in said District or other place for the disposal of dead bodies shall assist in or assent to or allow any such interment, disinterment, or disposition to be made in such cemetery or place until permit shall be given as aforesaid. It shall be the duty of every such superintendent or other person who shall receive any such permit aforesaid to indorse thereon the date of the interment, disinterment, or disposal, and to preserve, sign, and return the same to the health officer of said District before six o’clock postmeridian of the Saturday following the day of burial, disinterment, or disposal.

Sec. 676. Conveyance through the District.—

No dead body or part of the dead body of any human being shall be in any manner carried or conveyed from, in, to, or through said District by any person, or by means of any boat, vessel, car, stage, or other vehicle, or by any public or private conveyance, without a permit therefor first granted

Proviso.

—of authority at place of death.

by the health officer of said District: Provided, That bodies or parts of dead bodies aforesaid, except such as have died of Asiatic cholera, yellow fever, typhus fever, smallpox (including varioloid), leprosy, the plague, diphtheria, or scarlet fever, may be brought into said District, or carried through the same in transit, upon a permit of the proper municipal, county, or State authorities of the place at which such person died; and whenever the remains of any deceased person

Return of permit.

have been conveyed, transferred, or removed beyond the limits of said District it shall be the duty of the person or agent or officer of the corporation having charge of such conveyance, transfer, or removal to detach, date, sign, and return to the health officer the permit authorizing such conveyance, transfer, or removal before six o’clock postmeridian of the Saturday following the day of such conveyance, transfer, or removal of said remains.

Sec. 677. Reports of death.—

It shall be the duty of any person or

Reports of death.

persons having custody or control of the dead body of any human being or any part of such body to report in writing or cause to be reported in writing, to the health officer of said District, within forty-eight hours after the death of the deceased, the name of said deceased and the location of the body or part thereof. No such body or part

Exposure of bodies odors, etc.

thereof shall be kept in said District in such manner as to give rise to any offensive odors to the annoyance of any person or persons in the neighborhood or to the public, nor so as to be exposed to the public view; nor shall any such body or part thereof be permitted by the person or persons having custody or control of it to remain unburied for a longer period than one week after death without permission of the health officer, unless it has been cremated or deposited in the vault of some cemetery; nor shall any person publicly exhibit in said District, for pay or otherwise, any dead body of any human being or any part of such body without a permit from the health officer of said District so to do, except such exhibition be in connection with some Government museum or with some institution of learning permanently located in said District.

Sec. 678. Place of burial—

No person shall bury or cause to be

Place of burial.

buried within said District the body or part of the body of an v deceased person, except in such grounds as are now known and used as public or private burial grounds, or such as shall hereafter be designated by the Commissioners of said District and authorized by them to be used as such.

Sec. 679. Mode of burial.—

No body shall be buried in said District

Mode of burial.

in any vault unless the coffin be separately entombed in properly cemented stone or brick work, so as to render such vault air-tight: such vault, after having been sealed, shall not be opened within ten years; no body shall be temporarily deposited in any vault for a longer period than one month, unless such body is in an hermetically sealed metallic case, nor in any instance for a longer period than one year.

Sec. 680. Reopening graves.—

No grave in said District shall be

Reopening graves.

reopened, except for the purpose of disinterment, within ten years after the burial of a person above twelve years of age, or within eight years after the burial of a child under twelve years of age, unless the grave has been, in the first instance, of sufficient depth to permit subsequent interments, in which case a layer of earth of not less than one foot thick shall be left undisturbed over the previously buried coffin, unless such coffin has been separately entombed in properly cemented stone or brick work; but if on reopening any grave the soil be found to be offensive, such soil shall not be disturbed. In no case shall a grave be opened in which has been buried the body of any person who las died of Asiatic cholera, yellow fever, typhus fever, smallpox (including varioloid), leprosy, the plague, tetanus, diphtheria, or scarlet fever.

Sec. 681. Depth of graves.—

No coffin shall be buried in said District

Depth of graves.

so that any part thereof is within less than four feet of the ordinary level of the ground, unless it contains the body of a child under twelve years of age, when it shall not be less than three feet below that level.

Sec. 682. Cremation.—

No person shall, in the District of Columbia, build or maintain a crematory or other device for destroying human bodies, except within the limits of some duly established cemetery in said District, unless such person or persons has in writing the consent of the owners of more than one-half of the property within a radius of two hundred feet from the place where such crematory is to be erected and maintained and a permit from the Commissioners of said District for the erection and maintenance of such crematory or other device; such permit to be for a term of years, not exceeding five, to be specified

Proviso.

Existing crematories unaffected

therein: Provided, That this section shall not apply to such crematories or other devices for destroying human bodies as may have been erected and are in operation at the time of the passage of this law.

Sec. 683. Permit to cremate; embalming.—

It shall be unlawful for any person or persons to cremate or otherwise to destroy the dead body, or part of the dead body, of any human being in said District before the issue of the burial permit by the health officer of said District, and then only when said permit is countersigned by the coroner

Embalming.

of said District, authorizing such cremation or destruction. It shall be unlawful for any person or persons to embalm, inject, or by any similar method preserve the dead body, or part of the dead body, of any human being in said District within four hours after death or before the issue of the death certificate; and in case the death is believed to be due to other than natural causes, or the cause thereof is unknown, such embalming, injecting, or preserving shall at no time be done unless such death certificate has been signed or approved by the coroner of said District.

Sec. 684. Penalty.—

Any person who shall violate or aid and abet in violating any of the provisions of this subchapter shall, upon conviction thereof by competent judicial authority, be punished, for each offense, by a fine of not more than two hundred dollars, or by imprisonment for not more than ninety days, or both.

Sec. 685. Prosecutions.—

Prosecutions hereunder shall be in the police court of the District of Columbia, in the name of said District:

Proviso.

—trial by jury.

Provided, That any person or persons so tried shall have the privilege, when demanded, of a trial by jury, as in other jury cases in said police court.

Sec. 686. Disinterment by order of court.—

Nothing herein shall be construed to interfere with or prevent the disinterment of any body when such disinterment is ordered by one of the justices of the supreme court of the District of Columbia, or by the coroner of said District, for judicial purposes. The provisions hereof shall not be held to interfere with the disposal of the ashes of bodies which have been cremated.

Sec. 687. Certificate of organization.—

Any five or more persons who desire to form an incorporated building or homestead association, all being citizens of the United States, and a majority of them residents of the District of Columbia, may make, sign, seal, and acknowledge, before some officer authorized to take the acknowledgment of deeds, and tile for record in the office of the recorder of deeds, a certificate, in writing, to the same effect as that required in subchapter four of this chapter, aforesaid, for the formation of the corporations therein mentioned.

Sec. 688.

When such certificate shall have been filed for record as

Incorporation, powers, etc.

aforesaid, the persons who have signed and acknowledged the same, and their successors, shall become and be a body politic and corporate, in fact and in law, by the name stated in the certificate, and by that name have succession and be capable of suing and being sued in the courts of the District, and of purchasing, holding, and conveying such real estate as may be necessary to the conduct of its business, and to make reasonable by-laws not inconsistent herewith.

Sec. 689. Powers as to stock.—

Such corporation shall have power,

Powers as to stock.

in its certificate of incorporation or in its by-laws, to provide that its shares of stock may be issued in series; to limit the number of shares which each stockholder may be allowed to hold; to prescribe the entrance fee to be paid by each stockholder at the time of subscribing, and to regulate the installments to be paid on each share and the times at which they shall be payable. It shall also have power to enforce the payment of all installments and other dues by such fines and forfeitures as its by-laws may from time to time provide.

Sec. 690.

Any person applying for membership or stock after a

Assessments, etc., of applicants for stock after incorporation.

month from the time of the. incorporation may be required to pay on subscribing such bonus or assessment as may be fixed by said by-laws in order to place said new members or stockholders on a footing with the original members and others holding stock at the time of such application.

Sec. 691. Objects.—

The object of such corporation shall be the

Objects.

accumulation of a capital in money, to be derived from the savings and accumulation by the members thereof, to be paid into said corporation in periodical installments, in fixed and certain sums, and in such amount as shall be designated by the by-laws, until the value of all the shares of stock in said corporation, and every series thereof, shall be equal to the nominal or par value thereof or of some multiple thereof, at which time said corporation shall cease to exist, and in the mean-time to enable the members thereof, by obtaining advances upon their shares of stock, to purchase or erect homes for themselves.

Sec. 692. Advancements.—

The moneys accumulated from time to

Advancements.

time shall be offered to such shareholder or shareholders as shall bid the highest premium for preference or priority of right to an advancement of the ultimate value of one or more of his or their respective shares. The said premium shall consist of a percentage on the amount of the advance and shall be deemed to be a consideration or bonus paid by the shareholder for the present and immediate use and possession of the future or ultimate value of the share so advanced, and shall not be deemed usurious. The said premium may either be deducted in advance from the amount to be advanced to the shareholder or be made payable in monthly installments, in addition to legal interest on the sum advanced, as the by-laws may provide.

Sec. 693.

For every advance made as aforesaid a bond in a penalty

Bond required on advancements.

equal to the ultimate value of the shares advanced may be required, secured by a first mortgage or deed of trust on real estate, and a pledge of the shares advanced upon, as additional or collateral security, which bond shall be conditioned for the payment at the stated meetings of the corporation of the monthly dues on the shares so advanced upon and the interest on the sum advanced, and the installments of premium, if made so payable, and all fines chargeable upon arrears of payments, until said shares shall reach their ultimate value aforesaid, or said advance be otherwise canceled or discharged.

Sec. 694. Profits.—

The shares advanced upon shall participate

Profits.

equally with the other shares in the profits and the amounts paid by the advanced shareholders, together with such proportion of the profits accrued or such rate of interest as said by-laws may determine, the same as allowed on shares withdrawn not advanced upon, less all fines and a proportionate part of losses and other charges incurred.

Sec. 695. Redemption of shakes.—

Where advances from the funds on hand can not be made on satisfactory terms, the shareholders failing to hid therefor, the by-laws may provide for the redemption of shares of stock, with the consent of the shareholders, and in case that can not be done, for the involuntary withdrawal and cancellation of shares, the said shares to be selected by lot. always from the oldest series, until exhausted, or the funds to be applied ratably among the owners of shares of the same series.

Sec. 696. Withdrawal.—

A shareholder shall be entitled to with-draw at any time, by giving such notice as the by-laws may require, where no advance has been made on his shares, in which case he shall be entitled to receive the amount of dues paid in by him on each of his shares, together with such proportion of the profits accrued or such rate of interest as said by-laws may determine, less all fines due and a

Proviso.

—limit of funds applicable.

proportionate part of all losses and other charges incurred: Provided, That not more than one-half of the funds in the treasury at any time shall be applicable to the demands of the withdrawing shareholders without the consent of the board of trustees.

Sec. 697. Repayment of advances.—

A shareholder who has been advanced may at any time repay his advance upon application to the corporation, whereupon, on settlement of his account, he shall be charged with the full amount of the advance and of the accrued installments of the premium, if that has been added to the advancement and made payable in installments, together with all monthly dues, interest, and fines accrued and charged, and shall receive credit for all monthly dues paid on his shares and the profits thereon the same as are allowed under the by-laws on shares withdrawn not advanced upon, and, if the premium has been deducted in advance, with such proportion of the premium as the by-laws may direct, and the balance remaining due, over and above such credits, shall be received by said corporation in

Proviso.

—credits where association insolvent.

satisfaction and discharge of said advance: Provided, That in case of the insolvency of the association, he shall not be entitled to credit for the full amount of dues paid by him, but shall only be entitled to a dividend upon said amount, in common with the nonadvanced shareholders.

Sec. 698. Forfeiture.—

Any nonadvanced shareholder failing to pay the installments due on his shares and the fines due from him for such time as the by-laws shall determine, shall forfeit his stock, but may, on application, receive a return of the amount paid in on account of his stock, less the accrued fines.

Sec. 699. Foreclosure.—

In case any advanced shareholder shall fail to pay all dues, interest, or premiums and shall be in arrears for any part of the same for the period of two months, the payment of the same and of the principal of the advance may be enforced by a foreclosure of the securities given for the same, and if upon a statement of account, as in case of a voluntary settlement of said advance, as hereinbefore authorized, there shall be any surplus of the proceeds of sale of the property given as security over the amount found due from such advanced shareholder, together with all costs incurred by the corporation, such surplus shall be paid to said defaulting shareholder, or his assigns, and his shares of stock so advanced upon shall be the property of the corporation.

Sec. 700. Real estate.—

Such corporation shall not invest its funds in any real estate except what is necessary for the conduct of its business, but may purchase such property at sales made upon foreclosure of mortgages or in satisfaction of judgments or other liens held by it:

Proviso.

—subsequent sale.

Provided, That such property so purchased be sold within a reasonable time thereafter.

Sec. 701. How incorporated.—

Any number of persons, not less

How incorporated.

than twenty, residing in the District, may associate themselves together as a board of trade, and assemble at any time and place upon which a majority of the members so associating may agree, and elect a president and one or more vice-presidents, as they may see lit, and adopt a name, constitution, and by-laws, such as they may agree upon.

Sec. 702.

Such persons shall thereupon become a body corporate

Powers, etc.

and politic in fact and in name, by the name and style or title which they may have adopted, and by that name shall have succession, shall be capable in law to sue and be sued, plead and be impleaded, answer and be answered unto, defend and be defended, in all the courts of law and equity; and they and their successors shall have a common seal, and may alter and change the same at their discretion.

Sec. 703.

Such corporation, by the name and style which shall be

Limit on real estate holdings.

adopted, shall be capable in law of purchasing, holding, and conveying any estate, real or personal, for the use of the corporation, not exceeding in quantity one city lot and building in the District.

Sec. 704. Officers.—

The president, vice-president, secretary, and

Officers.

treasurer shall be ex officio members of the board of directors, and, together with the directors elected, shall manage the business of the corporation.

Sec. 705. Elections,—

All officers shall be elected by a plurality

Elections.

of votes given at any election, and a general election of officers shall be held at least once in each year; hut in case of any accidental failure or neglect to hold such general election the corporation shall not thereby lapse or terminate, but shall continue and exist, and the old officers shall hold over until the next general election of officers provided for in the constitution adopted.

Sec. 706. Tenure of office.—

The officers shall hold their offices

Tenure of office.

for the time which shall be prescribed in the constitution adopted by the corporation and until others shall be elected and qualified as prescribed by such constitution.

Sec. 707. By-laws.—

Such corporation shall have the right to admit

By-laws.

as members such persons as they may see fit. and expel any members as they may see fit; and in all cases a majority of the members present at any stated meetings shall have the right to pass, and also the right to repeal, any by-law of the corporation; and in all cases the constitution and by-laws adopted by the corporation shall be binding upon and control the same until altered, changed, or abrogated in the manner that may be prescribed in such constitution.

Sec. 708. Fines.—

Such corporation may inflict fines upon any of

Fines.

its members, and collect the same, for breach of the provisions of the constitution or by-laws; but no fine shall in any case exceed twenty-five dollars. Such fines may be collected by action of debt, brought in the name of the corporation, before a justice of the peace, against the person upon whom the fine shall have been imposed.

Sec. 709. What business to be carried on.—

Such corporation

What business to be carried on.

shall have no power or authority to do or carry on any business excepting such as is usual in the management and conduct of boards of trade or chambers of commerce and is provided for in the preceding sections of this subchapter.

Sec. 710. Removal of disused tracks.—

Whenever the track or tracks, or any part thereof, of any street railway company in the District of Columbia shall not have been regularly operated for railway purposes upon a schedule approved by the Commissioners for a period of three months, the Commissioners of said District, in their discretion, may thereupon notify such company to remove said unused tracks and

Penalty.

to place the street in good condition; and if such company shall neglect or refuse to remove said tracks and place the street in good condition within sixty days after such notice, the said company shall be deemed guilty of a misdemeanor and shall be liable to a fine of ten dollars for each and every day during which said tracks are permitted to remain upon the street or streets, or said roadway shall remain out of repair, which fine shall be recovered in the police court of said District, in the name of said District, as other fines and penalties are now recovered in said court.

Sec. 711. Using other company’s lines.—

It shall be unlawful for any street railway company operating its system or parts of its system over any portion of the underground electric lines owned and operated by another street railway company in the city of Washington to continue such operation, or to enter into reciprocal trackage relations with any other company, as provided for under existing law, unless its motive power for the propulsion of its cars shall be the same as that

—penalty.

of the company whose tracks are used or to be used. For every violation of this subchapter the company violating it shall be subject to a fine of ten dollars for every car operated in violation of the provisions of this subchapter, said fine to be collected and applied in the same manner as is provided by the preceding section.

Sec. 712. Free transfers.—

All street railway companies within the District of Columbia now operating their systems, or parts of their systems, in the city of Washington by use of the tracks of one or more of such companies, under a reciprocal trackage agreement, as provided for under existing law, which shall be compelled to discontinue the use of the tracks of another company, shall issue free transfers to their patrons from one system to the other at such junctions of their respective lines as may be provided for by the Commissioners of the District of Columbia.

Sec. 713. Report to be made to Comptroller, and to be subject to provisions of law applicable to national banks. —

All savings banks or savings companies or institutions organized under authority of any act of Congress to do business in the District of Columbia shall be, and are hereby, required to make to the Comptroller

R. S., secs. 5211, 5212, 5213, pp. 1007, 1008.

of the Currency, and publish, all the reports which national banking associations are required to make and publish under the provisions of sections fifty-two hundred and eleven, fifty-two hundred and twelve, and fifty-two hundred and thirteen of the Revised Statutes, and shall be subject to the same penalties for failure to make, or publish such reports as are therein provided; which penalties may be collected by suit before the supreme court of the District of Columbia.

Subject to provisions of law applicable to national banks.

And all savings or other banks now organized, or which shall here-after be organized, in the District of Columbia, under any act of Congress, which shall have capital stock paid up in whole or in part, shall be subject to all the provisions of the Revised Statutes and of all acts of Congress applicable to national banking associations, so far as the same may be applicable to such savings or other banks: Provided,

Proviso.

That any savings banks established before eighteen hundred and

Capitili if established before 1874.

seventy-four shall not be required to have a paid-up capital exceeding one hundred thousand dollars.

Sec. 714. Comptroller authorized to examine.—

The Comptroller

Comptroller may examine.

of the Currency, in addition to the powers now conferred upon him by law for the examination of national banks, is hereby further authorized, whenever he may deem it useful, to cause examination to be made into the condition of any bank in the District of Columbia organized under act of Congress. The Comptroller, at his discretion, may report to Congress the results of such examination. The expense necessarily incurred in the execution of this section shall be paid out of any appropriation made by Congress for special bank examinations.

Sec. 715. For what purposes to be formed.—

Corporations may

For what purposes to be formed.

be formed within the District of Columbia for the purposes hereinafter mentioned in the following manner:

At any time hereafter any number of natural persons, citizens of the United States, not less than twenty-five, may associate themselves together to form a company for the purpose of carrying on, in the District of Columbia, any one of the three classes of business herein specified, to wit:

Sec. 716. Organization certificate.—

Such persons shall, under

Organization certificate.

their hands and seals, execute before some officer in said District competent to take the acknowledgment of deeds, an organization certificate. which shall specifically state—

Sec. 717. Power of Commissioners of the District.—

This certificate

Power of Commissioners of the District of Columbia with reference to.

shall be presented to the Commissioners of the District, who shall have power and discretion to grant or refuse to said persons a charter of incorporation upon the terms set forth in the said certificate and the provisions of this subchapter.

Sec. 718. Notice of application to Commissioners.—

Previous to

Notice of application to Commissioners.

the presentation of the said certificate to the said Commissioners, notice of the intention to apply for such charter shall be inserted in two newspapers of general circulation, printed in the District of Columbia, at least four times a week for three weeks, setting forth briefly the name of the proposed company, its character and object, the names of the proposed corporators, and the intention to make application for a charter on a specified day; and the proof of such publication shall be presented with said certificate when presentation thereof is made to said Commissioners.

Sec. 719. Recording charter, and so forth.—

If the charter be granted as aforesaid, it, together with the certificate of the Commissioners granting the same indorsed thereon, shall be filed for record in the office of the recorder of deeds for the District of Columbia, and shall be recorded by him. On the filing of the said certificate with the said recorder of deeds as herein provided. approved as aforesaid by the said Commissioners, the persons named therein and their successors shall thereupon and thereby be and become a body corporate and politic, and as such shall be vested with all the powers and charged with all the liabilities conferred upon and imposed by this subchapter

Proviso,

upon companies organized under the provisions hereof: Provided, however,

Papers to be filed by trust companies.

That no corporation created and organized under the provisions hereof, or availing itself of the provisions hereof as contained in section seven hundred and twenty-five, shall be authorized to transact the business of a trust company, or any business of a fiduciary character, until it shall have tiled with the Comptroller of the Currency a copy of its certificate of organization and charter, and shall have obtained from him and filed the same for record with the said recorder of deeds, a certificate that the said capital stock of said company has been paid in and the deposit of securities made with said Comptroller in the manner and to the extent required by this subchapter.

Sec. 720. Reports to Comptroller.—

All companies organized hereunder, or which shall, under the provisions hereof, become entitled to transact the business of a trust company, shall report to the Comptroller of the Currency in the manner prescribed by sections fifty-two hundred and eleven, fifty-two hundred and twelve, and fifty-two hundred and thirteen of the Revised Statutes of the United States in the case of national banks, and all acts amendatory thereof or supplementary thereto, and with similar provisions for compensating examiners, and

—visitorial powers of.

R. S., sec. 5240, p. 1013.

shall be subject to like penalties for failure to do so. The Comptroller shall have and exercise the same visitorial powers over the affairs of the said corporation as is conferred upon him by section fifty-two hundred and forty of the Revised Statutes of the United States in the case of national banks. He shall also have power, when in his opinion it is necessary, to take possession of any such company for the reasons and in the manner and to the same extent as are provided in the laws of the United States with respect to national banks.

Sec. 721. Special powers.—

All companies organized under this subchapter are hereby declared to be corporations possessed of the powers and functions of corporations generally, and shall have power—

Sec. 722. May be appointed trustee, executor, and so forth.—

In all cases in which application shall be made to any court in the District of Columbia, or wherever it becomes necessary or proper for said court to appoint a trustee, receiver, administrator, collector, guardian of the estate of a minor, or committee of the estate of a lunatic, it shall and may be lawful for said court (but without prejudice to any preference in the order of any such appointments required by existing law) to appoint any such company organized under the first subdivision of section seven hundred and fifteen of this subchapter, with its assent, such trustee, receiver, administrator, collector, committee, or guardian, with the consent of the guardian of the person of such minor: Provided,

Proviso.

however, That no court or judge who is an owner of or in any

—not if financially interested.

manner financially interested in the stock or business of such corporation shall commit by order or decree to any such corporation any trust or fiduciary duty.

Sec. 723. Oath.—

Whenever any corporation operating under this

Oath.

code shall be appointed such trustee, executor, administrator, collector, receiver, assignee, guardian, or committee, as aforesaid, the president, vice-president, secretary, or treasurer of said company shall take the oath or affirmation now required by law to be made by any trustee, executor, administrator, collector, receiver, assignee, guardian, or commit ee.

Sec. 724. Stock to be security.—

When any court shall appoint

Stock to be security.

the said company a trustee, receiver, administrator, collector, or such guardian or committee, or shall order the deposit of money or other valuable with said company, or where any individual or corporation shall appoint any of said companies a trustee, executor, assignee, or such guardian, the capital stock of said company subscribed for or taken, and all property owned by said company, together with the liability of the stockholders and officers as herein provided, shall be taken and considered as the, security required by law for the faithful performance of its duties, and shall be absolutely liable in case of any default whatever.

Sec. 725. Existing companies.—

Any safe-deposit company, trust company, surety or guaranty company, or title insurance company now incorporated and operating under the laws of the United States in the District of Columbia or of any of the States, and now doing business in said District, may avail itself of the provisions of this subchapter on filing in the office of the recorder of deeds of the District of Columbia,

—certificate required.

or with the Comptroller of the Currency, a certificate of its intention to do so, which certificate shall specify which one of the three classes of business set out in section seven hundred and fifteen it will carry on. and shall be verified by the oath of its president to the effect that it has in every respect complied with the requirements of existing law. especially with the provisions of this subchapter, that its capital stock is paid in as provided in section seven hundred and thirty-five of this subchapter and is not impaired; and thereafter such company may exercise all powers and perform all duties authorized by any one of the subdivisions of section seven hundred and fifteen of this subchapter in addition to the powers now lawfully exercised by such company.

Sec. 726. Real estate.—

Any company operating under this sub-chapter may lease, purchase, hold, and convey real estate, not exceeding in value five hundred thousand dollars, and such in addition as it may acquire in satisfaction of debts due the corporation under sales, decrees, judgments, and mortgages. But no such association shall hold the possession of any real estate under foreclosure of mortgage, or the title and possession of any real estate purchased to secure any debts due to it, tor a longer period than five years.

Sec. 727. Duration of charter.—

The charters for incorporations named in this subchapter may be made perpetual, or may be limited in time by their provisions, subject to the approval of Congress.

Sec. 728. Capital stock.—

The capital stock of every such company shall be at least one million dollars, and at least fifty per centum thereof must have been paid in, in cash or by the transfer of assets as hereinafter provided in section seven hundred and thirty-five of this subchapter, before any such company shall be entitled to transact

—trust companies.

business as a corporation, except with its own members, and before any company organized hereunder shall be entitled to transact the business of a trust company, or to become and act as an administrator, executor, guardian of the estate of a minor, or undertake any other kindred fiduciary duty, it shall deposit, either in money or in bonds, mortgages, deeds of trust, or other securities equal in actual value to one-fourth of the capital stock paid in, with the Comptroller of the Currency, to be kept by him upon the trust and for the purposes hereinafter provided; and the said Comptroller may from time to time require an additional deposit from any such company, to be held upon and for the same trust and purposes, not exceeding, however, in value one-half the paid-in capital stock; and the said Comptroller shall not issue to any corporation the certificate heretofore provided for until said deposit with him of securities required by this section. Within one year after the organization of any corporation under the provisions of this subchapter, or after any corporation heretofore existing shall have availed itself of the powers and rights given by this subchapter in the manner herein provided for, its entire capital stock shall have been paid in.

Sec. 729. Shares.—

The capital stock of every such company shall be divided into shares of one hundred dollars each. It shall be lawful for such company to call for and demand from the stockholders, respectively, all sums of money by them subscribed, at such time and in such proportions as its board of directors shall deem proper, within the time specified in section seven hundred and twenty-eight, and it may enforce payment by all remedies provided by law; and if any stockholder shall refuse or neglect to pay any installment, as required by a resolution of the board of directors, after thirty days’ notice of the same, the said board of directors may sell at public auction to the highest bidder so many shares of said stock as shall pay said installment, under such general regulations as may be adopted in the by-laws of said company, and the highest bidder shall be taken to be the person who offers to purchase the least number of shares for the assessment due.

Sec. 730. Annual reports to Comptroller.—

Every such company

Annual reports to Comptroller.

shall annually, within twenty days after the first of January of each year, make a report to the Comptroller of the Currency, which shall be published in a newspaper in the District, which shall state the amount of capital and of the proportion actually paid, the amount of debts, and the gross earnings for the year ending December thirty-first then next previous, together with their expenses, which report shall be signed by the president and a majority of the directors or trustees, and shall be verified by the oath of the president, secretary, and at least three of the directors or trustees; and said company shall

Taxes.

pay to the District of Columbia, in lieu of personal taxes for each next ensuing year, one and one-half per centum of its gross earnings for the preceding year, shown by said verified statement, which amount shall be payable to the collector of taxes at the times and in the manner that other taxes are payable.

Sec. 731. Liability of trustees.—

If any company fails to comply

Liability of trustees.

with the provisions of the preceding section, all the directors or trustees of such company shall be jointly and severally liable for the debts of the company then existing and for all that shall be contracted before such report shall be made: Provided, That in case of failure of

Proviso.

—exemption.

the company in any year to comply with the provisions of section seven hundred and thirty of this subchapter, and any of the directors shall, on or before January fifteenth of such year, file his written request for such compliance with the secretary of the company, the Comptroller of the Currency, and the recorder of deeds of the District of Columbia, such director shall be exempt from the liability prescribed in this section.

Sec. 732. False swearing.—

Any willful false swearing in regard

False swearing.

to any certificate or report or public notice required by the provisions of this subchapter shall be perjury and shall be punished as such according to the laws of the District of Columbia. Any misappropriation of any of the money of any corporation or company formed under this Act, or of any money, funds, or property intrusted to it, shall be held to be larceny, and shall be punished as such under the laws of said District.

Sec. 733. Stock personal estate.—

The stock of such company

Stock personal estate.

shall be deemed personal estate, and shall be transferable only on the books of such company in such manner as shall be prescribed by the by-laws of the company; but no shares shall be transferable until all previous calls thereon shall have been fully paid, and the said stock shall not be taxable in the hands of individual owners, the tax on the gross earnings of the company hereinbefore provided being in lieu of other personal tax. All certificates of the stock of any company organized under this subchapter shall show upon their face the par value of each share and the amount paid thereon.

Sec. 734. Liability of stockholders.—

All stockholders of every

Liability of stock-holders.

company incorporated under this subchapter, or availing itself of its provisions under section seven hundred and twenty-five, shall be seerally and individually liable to the creditors of such company to an amount equal to and in addition to the amount of stock held by them respectively for all debts and contracts made by such company.

Sec. 735. Stock to be paid up in money only.—

Nothing but money shall be considered as payment of any part of the capital stock, except that in the case of any company now doing business in the District of Columbia in any of the classes herein provided for, or under

All assets of existing companies, etc., desiring new charter considered money.

any act of Congress, or by virtue of the laws of any of the States, and which company has actually received full payment in money of at least fifty per centum of the capital stock required by this act, and which company desires to obtain a charter under this act. all the assets or property may be received and considered as money at a value to be appraised and fixed by the Comptroller of the Currency: Provided,

Proviso.

—transfer of assets required.

That all such assets and property are also transferred to and are there-after owned by the company organized under this act.

Sec. 736. Number of trustees.—

The stock, property, and concerns of such company shall be managed by not less than nine nor more than thirty directors or trustees, who shall, respectively, be stockholders, and at least one-half residents and citizens of the District of Columbia, and shall, except the first year, be annually elected by the stockholders at such time and place and after such published notice as shall be determined by the by-laws of the company, and said directors or trustees shall hold until their successors are elected and qualified.

Sec. 137. Officers.—

There shall be a president of the company, who shall be a director, also a secretary and a treasurer, all of whom

Proviso.

One office to be held at a time.

shall be chosen by the directors or trustees: Provided, That only one of the above-named offices shall be held by the same person at the

Subordinate officers.

same time. Subordinate officers maybe appointed by the directors or trustees, and all such officers may be required to give such security for the faithful performance of the duties of their offices as the directors or trustees may require.

Sec. 738. By-laws.—

The directors or trustees shall have power to make such by-laws as they deem proper for the management or disposal of the stock and business affairs of such company, not inconsistent with the provisions of this subchapter, and prescribing the duties of officers and servants that may be employed, for the appointment of all officers, and for carrying on all kinds of business within the objects and purposes of such company.

Sec. 739. Dividends.—

If the directors or trustees of any company shall declare or pay any dividend the payment of which would render

—liability of trustees, etc.

it insolvent, or which would create a debt against such company, they shall be jointly and severally liable as guarantors for all the debts of the company then existing, and for all that shall be thereafter contracted while they shall, respectively, remain in office.

Sec. 740.

If any of the directors or trustees shall object to declaring such dividends or the payment of the same, and shall at any time before the time fixed for the payment thereof file a certificate of their objection in writing with the secretary of the company and with the recorder of deeds of the District, they shall be exempt from the liability prescribed in the preceding section.

Sec. 741. Liabilities exceeding assets.—

If the liabilities of any company shall at any time exceed the amount of the fair cash value of the assets, the directors or trustees of such company assenting thereto shall be personally and individually liable for such excess to the creditors of the company, after the additional liability of the stockholders has been enforced.

Sec. 742. Executors, and so forth, holding stock.—

No person holding stock in such company as executor, administrator, guardian, or trustee shall be personally subject to any liability as stockholder of such company, but the estate and funds in the hands of such executor, administrator, guardian, or trustee shall be liable in like manner and to the same extent as the testator or intestate or the ward or the per-son interested in such trust fund would have been if he had been living and competent to act and hold the stock in his own name.

Sec. 743. Increase of capital stock.—

Any corporation which may

Increase of capital stock.

be formed under this subchapter may increase its capital stock by com-plying with the provisions of this subchapter to any amount which may be deemed sufficient and proper for the purposes of the corporation.

Sec. 744. Copy of certificate to be evidence.—

A copy of any

Copy of certificate to be evidence.

certificate of incorporation tiled in pursuance of this subchapter, certified by the recorder of deeds to be a true copy and the whole of such certificate, shall be received in all courts and places as presumptive legal evidence of the facts therein stated.

Sec. 745. No bond to be required when company appointed executor, and so forth, except, and so forth.—

No bond or other collateral security, except as hereinafter stated, shall be required from any trust company incorporated under this subchapter for and in respect to any trust, nor when appointed trustee, guardian, receiver, executor, or administrator with or without the will annexed, collector, committee of the estate of a lunatic or idiot, or other fiduciary appointment; but the capital stock subscribed for or taken, and all property owned by said company and the amount for which said stockholders shall be liable in excess of their stock, shall be taken and considered as the security required by law for the faithful performance of its duties, and shall be absolutely liable in case of any default whatever; and in case of the insolvency or dissolution of said company, the debts due from the said company as trustee, guardian, receiver, executor, administrator, collector, or committee of the estate of lunatics, idiots, or any other fiduciary appointment shall have a preference.

Sec. 746. Bond may be required.—

The supreme court of the

Court may require bond, etc., in fiduciary estates, etc.

District of Columbia, or any justice thereof, shall have power to make orders respecting such company whenever it shall have been appointed trustee, guardian, receiver, executor, administrator with or without the will annexed, collector, committee of the estate of a lunatic, idiot, or any other fiduciary, and require the said company to render all accounts which might lawfully be made or required by any court or any justice thereof if such trustee, guardian, receiver, executor, administrator with or without the will annexed, collector, committee of the estate of a lunatic or idiot, or fiduciary were a natural person. And

—cause examination of company’s affairs, etc.

said court, or any justice thereof, at any time, on application of any person interested, may appoint some suitable person to examine into the affairs and standing of such companies, who shall make a full report thereof to the court, and said court, or any justice thereof, may at any time, in its discretion, require of said company a bond with sureties or other security for the faithful performance of its obligations, and such sureties or other security shall be liable to the same extent and in the same manner as if given or pledged by a natural person.

Sec. 747. Corporations organized under State laws.—

No corporation

Corporation organized understate laws.

or company organized by virtue of the laws of any of the States of this Union and having its principal place of business within the District of Columbia shall carry on in the District of Columbia any of the kinds of business named in this subchapter without strict compliance in all particulars with the provisions of this subchapter for the government of such corporations formed under it, and each one of the officers of the corporation or company so offending shall be punished by a line not exceeding one thousand dollars or imprisonment not exceeding one year, or by both fine and imprisonment, in the discretion of the court.

Sec. 748. Right to amend or repeal reserved to Congress.—

Congress may at any time alter, amend, or repeal this subchapter, but any such amendment or repeal shall not. nor shall the dissolution of any company formed under this subchapter, take away or impair any remedy given against such corporation, its stockholders, or officers for any liability or penalty which shall have been previously incurred.

Sec. 749. Defined.—

A fraternal beneficial association is hereby declared to be a corporation, society, order, or voluntary association, formed or organized and carried on for the sole benefit of its members and their beneficiaries, and not for profit, having a lodge system with ritualistic form of work and representative form of government, making

—may pay benefits for physical disability, etc.

provision for the payment of benefits in case of death. Each such association may make provision for the payment of benefits in ease of sickness, temporary or permanent physical disability, either as a result

Proviso.

—for old age not to be under 70 years.

of disease, accident, or old age: Provided, That the period in life at which physical disability benefits on account of old age commences shall not be under seventy years, or the age of expectancy from the time of entering, subject to their compliance with its laws. Any such association may create and maintain a reserve, emergency or benefit fund

Reserve emergency, etc., fund, etc.

in accordance with its laws. Any such association having a reserve, emergency or benefit fund may, in addition to the benefits hereinbefore named, pay withdrawal benefits, not exceeding the contributions of such member, to a member unable or unwilling to continue membership, provided such membership shall continue not less than three successive years. Such association may also, after ten years of membership, apply its funds and accumulations as its laws provide or the association and members agree. The fund from which the payment of such benefits shall be made and the fund from which the expenses of such association shall be defrayed shall be derived from assessments, dues, and other

To whom payments made.

payments collected from its members or otherwise. Payment of death benefits shall be to the families, heirs, blood relatives, affianced husband

Laws applicable to.

or affianced wife of or to persons dependent upon the member. Such association shall be governed by this subchapter, and shall be exempt from the provisions of insurance laws of the United States relating to the District of Columbia, and no law hereafter passed shall apply to them unless they be expressly designated therein: Provided, however,

Outstanding agreements to pay unspecified benefits not to exclude company, etc.

That the fact that any such association has outstanding agreements with its members for the payment of benefits other than those hereinbefore specified, if it is making no new contracts of that character and is retiring those already existing, shall not exclude such association from the operation of this subchapter.

Sec. 750. Existing associations.—

All such associations coming within the description as set forth in section seven hundred and forty-nine of this subchapter, organized under the laws of the United States relating to said District, or of any State, country, province, or Territory, and now doing business in said District, may continue such

Proviso.

—compliance with certain provisions.

business: Provided, That they hereafter comply with the provisions of this subchapter regulating annual reports and the designation of the superintendent of insurance of said District, provided for in subchapter five of this chapter, as the person upon whom process may be served as hereinafter provided.

Sec. 751. Nonresident associations.—

Any such association coming within the description as set forth in section seven hundred and forty-nine of this subchapter, organized under the laws of any State, country, province, or Territory, and not now doing business in said District, shall be admitted to do business within said District when it shall have filed with the superintendent of insurance a duly certified copy of its charter and articles of association and a copy of its by-laws, certified to by its secretary or corresponding officer, together with an appointment of the said superintendent as the person upon whom process may be served as hereinafter provided: Provided, That such

Proviso.

—must show authority to act t place of incorporation.

association shall be shown to be authorized to do business in the State, country, province, or Territory in which it is incorporated or organized, in case the laws of such State, country, province, or Territory shall provide for such authorization; and in case the laws of such State, country, province, or Territory do not provide for any formal authorization to do business on the part of any such association, then such association shall be shown to be conducting its business in accordance with the provisions of this subchapter; for which purpose the said superintendent may personally, or by some person to be designated by him, examine into the condition, affairs, character, and business methods, accounts, books, and investments of such association at its home office, which examination shall be at the expense of such association and shall be made within thirty days after demand therefor, and the expense of such examination shall be limited to fifty dollars. Any association

Filing certificate of authority.

doing business under this subchapter shall be permitted to do business upon filing annually with the superintendent of insurance the certificate of authority of the insurance department of the State, Province, or Territory in which it is incorporated or organized: Provided, however,

—examination at home office.

That in case of failure to file said certificate by any such association, or in case the superintendent of insurance shall deem it necessary, he shall have power, either personally or by some person designated by him, to examine into the condition, affairs, character, business methods, accounts, books, and investments of such association, at its home office, which examination shall be at the expense of the association. The amount of such expense shall not exceed one hundred dollars for associations which have no reserve or emergency fund and two hundred dollars for associations with a reserve or emergency fund.

Sec. 752. Annual reports.—

Every such association doing business

Annual reports.

in said District shall, on or before the first day of March of each year, make and file with the said superintendent a report of its affairs and operations during the year ending on the thirty-first day of December immediately preceding, which annual report shall be in lieu of all other reports required by any other law. Such report shall be upon blank forms to be provided by the said superintendent, or may be printed in pamphlet form, and shall be verified under oath by the duly authorized officers of such association, and shall be published, or the substance thereof, in the annual report of the said superintendent under a separate part entitled “Fraternal Beneficial Associations,” and shall contain answers to the following questions:

Sec. 753. Nonresident associations to name an attorney in the District.—

Each such association now doing or hereafter admitted to do business within said District, and not having its principal office within said District, and not being organized under the laws of the United States relating to said District, shall appoint, in writing, the said superintendent and his successors in office to be its true and lawful attorney, upon whom all lawful process in any action or proceeding

—service on, etc.

against it may be served, and in such writing shall agree that any lawful process against it which is served on said attorney shall be of the same legal force and validity as if served upon the association, and that the authority shall continue in force so long as any liability remains outstanding in said District. Copies of said certificate certified by said superintendent shall be deemed sufficient evidence thereof, and shall be admitted in evidence with the same force and effect as the original thereof might be admitted. Service upon such attorney shall be deemed sufficient service upon such association. When legal process against such association is served upon said superintendent he shall immediately notify the association of such service by letter, prepaid and directed to its secretary or corresponding officer, and shall, within two days after such service, forward in the same manner a copy of the process served on him to such officer. The plaintiff in such process so served shall pay to the said superintendent at the time of such service a fee of three dollars, which shall he recovered by him as a part of the taxable costs if he prevails in his suit. The said superintendent shall keep a record of all processes served upon him, which record shall show the day and hour when such service was made.

Sec. 754. Permit from superintendent of insurance.—

The said superintendent shall, upon the application of any association having the right to do business within said District, as provided by this subchapter, issue to such association a permit in writing authorizing such association to do business within said District, for which certificate and all proceedings in connection therewith such association shall pay the said superintendent the fee of five dollars.

Sec. 755. Certificate of organization; trustees.—

Any nine or

Certificate of organization.

more persons, at least one-third of whom shall be residents of the District of Columbia, being desirous of forming a fraternal beneficial association for the purposes set forth in section seven hundred and forty-nine of this subchapter, may associate themselves together and effect such organization as hereinafter prescribed, and not otherwise. Such persons shall make, sign, and acknowledge before any officer authorized to take the acknowledgment of deeds in this District and tile in the office of the recorder of deeds of said District a certificate or declaration in writing, to be recorded in a book kept for that purpose

—contents of, etc.

and open to public inspection, in which shall be stated the name or title by which said association shall be known to law; the mode and manner in which the corporate powers granted by this subchapter are to be exercised; the name or official title of the officers, trustees, representatives, or other persons by whatever name or title designated, who are to have and exercise the general control and management of its affairs; the place of doing business defined; the limit as to age of applicants for beneficial membership, which shall not exceed fifty-five years, and that medical examinations are required of applicants for life benefits, together with the sworn statement by three of said corporators that at least one hundred persons eligible under the proposed laws of such association to membership therein have in good faith made application in writing for membership. The recorder of deeds, upon the filing of said declaration, shall deliver to such association a certified copy of the papers so tiled and recorded in his office, together with a certificate to such association, stating that the provisions of this subchapter relative to incorporation have been complied with and that said association becomes thereby authorized to carry on the work of a fraternal beneficial association. Upon filing the certificate or declaration as aforesaid, the

Powers of association.

persons who shall have signed and acknowledged the same, and their successors and associates, shall, by the provisions of this subchapter, be a body politic and corporate by the name and style stated in the certificate, and by that name and style shall have perpetual succession, and by said name may sue and be sued, and may have and use a common seal, and the same may alter and change at pleasure, and may make and alter, at times or from time to time, such laws, not inconsistent with the Constitution of the United States or the laws in force in said District, as they may deem necessary for the government of said association. And they and their successors, by their corporate name, shall in law be capable of creating, maintaining, and disbursing a reserve or emergency fund in accordance with its laws and the provisions of this subchapter, and of taking, receiving, purchasing, and holding real and personal estate necessary for the purpose of such associtation, and may let, place out at interest, or sell and convey the same as may seem most beneficial for said association. The association shall

Election of officers.

l elect from its members trustees, directors, or managers, by whatever title known in its laws, at such time and place and in such manner as may be specified in its laws, who shall have the control and management of the affairs and funds of said association, a majority of whom shall be a quorum for the transaction of business; and whenever any vacancy shall happen among such trustees, directors, or managers, by death, resignation, or otherwise, such vacancy shall be filled in such manner as shall be provided by the laws of said association.

Sec. 756. Reincorporation.—

The officers, trustees, directors, or

Reincorporation.

governing body of any existing fraternal beneficial association may, by conforming to the requirements of the several provisions of this subchapter, reincorporate, themselves or continue their existing corporate powers under this subchapter, or change their name, stating in their certificate the original name of such corporation as well as their new name assumed, and all the property and effects of such existing corporation shall vest in and belong to the corporation so reincorporatedorcontinued.

Sec. 757. Subordinate bodies.—

Any subordinate body of any fraternal beneficial association incorporated under the provisions of this subchapter, or of such association now doing business or which may hereafter be admitted to do business in this District under this subchapter, where the laws of the governing body of said association do not prohibit the incorporation of their subordinate bodies, may become

Subordinate bodies.

a body corporate in the manner following: At some regular meeting of such subordinate body a resolution expressing the desire of such subordinate body to be incorporated, and directing its officers to perfect such incorporation, shall be submitted to a vote of the members present, and if two-thirds of the members present vote therefor the president and secretary of such subordinate body, or the officers holding relative offices therein, shall prepare articles of association, under their hands and the seal of such subordinate body, setting forth, first, the number of members of such subordinate body then in good standing; second, the name by which said subordinate body is known; third, the date of its organization and the period for which it is to be incorporated, not exceeding thirty years. A copy of such articles of association shall be tiled with the recorder of deeds, and shall by him be recorded, together with the affidavit hereafter named, in a book to be kept for that purpose. On the execution of said articles of association and before the tiling thereof with the recorder the secretary of such subordinate body shall annex thereto his affidavit, stating that he is a member in good standing in such subordinate body and occupies the position of secretary, or the office corresponding therewith, and that the resolution, a copy of which shall be set forth at length, was regularly passed at a regular meeting of said subordinate body and received the vote of two-thirds of the members present and voting, and that, to the best of his knowledge and belief, the statements made in the articles of association are true, and that such subordinate body is organized and acting under the laws of its respective association,

—incorporation of.

giving the name by which such association is known. When the foregoing requirements are complied with such subordinate body shall be a body corporate by the name expressed in such articles, and by that name shall be a person in law, capable of suing and being sued in the courts, and taking and holding property of every kind the same as natural persons, and a copy of said articles of association, duly certified to by the recorder of deeds, shall be prima facie evidence in all courts and places of the existence and the due incorporation of such subordinate body.

Sec. 758. Contract invalid if beneficiary to pay assessments.—

No contract with any such association shall be valid when there is a contract, agreement, or understanding between the member and the beneficiary prior to or at the time of becoming a member of the association that the beneficiary, or any person for him, shall pay such member’s assessments and dues, or either of them.

Sec. 759. Benefits exempt from attachment.—

The money or other benefit, charity, relief, or aid to be paid, provided, or rendered by any association authorized to do business under this subchapter shall not be liable to attachment, garnishment, or other process, and shall not be seized, taken, appropriated, or applied by any legal or equitable process, or by operation of law to pay any debt or liability of a certificate holder or of any beneficiary named in a certificate, or any person who may have any right thereunder.

Sec. 760. Meetings.—

Any such association organized under the laws of said District may provide for the meetings of its legislative or governing body in any State, country, province, or Territory wherein such association shall have subordinate bodies, and all business transacted at such meetings shall be valid in all respects as if such meetings were held within said District; and where the laws of any such association provide for the election of its officers by votes to be east in its subordinate bodies, the votes so cast in its subordinate bodies in any State, country, province or Territory shall be valid as if cast within said District.

Sec. 761. Fraudulent representations.—

Any person, officer,

Meetings.

member, or examining physician who shall knowingly or willfully make any false or fraudulent statement or representation in or with reference to any application for membership or for the purpose of obtaining any money or benefit in any association transacting business under this subchapter shall be guilty of a misdemeanor, and upon conviction

Fraudulent representations.

shall be punished by a tine of not less than one hundred dollars nor more than live hundred dollars, or imprisonment in the United States jail in said District for not less than thirty days nor more than one year, or both, in the discretion of the court: and any person who shall willfully make a false statement of any material fact or thing in a sworn statement as to the death or disability of a certificate holder in any such association for the purpose of procuring payment of a benefit named in the certificate of such holder, and any person who shall willfully make any false statement in any verified report or declaration under oath required or authorized by this subchapter, shall be guilty of perjury.

Sec. 762. Neglect to report.—

Any such association refusing or

—penalty.

neglecting to make the report as provided in this subchapter shall be excluded from doing business within said District, Said superintendent of insurance must, within sixty days after failure to make such report, or in case any such association shall exceed its powers, or shall conduct its business fraudulently, or shall fail to comply with any of the provisions of this subchapter, give notice in writing to the attorney

Neglect of association to report.

for said District, who shall immediately commence an action against such association to enjoin the same from carrying on any business. An injunction against any such association may be granted on application by the Commissioners of said District at the request of the said superintendent. No association so enjoined shall have authority to continue business until such report shall be made, or overt act or violation complained of shall have been corrected, nor until the costs of such action be paid by it, (provided, the court shall find that such association was in default, as charged,) whereupon the superintendent of insurance shall reinstate such association, and not until then shall such association be allowed again to do business in said District. Any

—injunction against continuance of business.

officer, agent, or person acting for any association or subordinate body thereof, within said District, while such association shall be so enjoined or prohibited from doing business pursuant to this subchapter, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not less than twenty-five dollars nor more than two hundred dollars, or by imprisonment in said jail not less than thirty days nor more than one year, or by both such line and imprisonment, in the discretion of the court.

Sec. 763. Acting without authority.—

Any person who shall act

—penalty to officers.

within said District as an officer, agent, or otherwise, for any association which shall have failed, neglected, or refused to comply with, or shall have violated any of the provisions of this subchapter, or shall have failed or neglected to procure from the said superintendent a proper certificate of authority to transact business as provided for in this subchapter, shall be subject to the penalty provided in the last preceding sect ion for the misdemeanor therein specified. To “transact business” or “doing business” under this subchapter means the writing of applications and the soliciting of new members so far as the penalty of this subchapter applies thereto. It shall not be unlawful for any organization under section seven hundred and forty-nine to continue the operation of its lodges or branches except in securing new members.

Sec. 764. This law not to apply to associations for profit.—

Nothing in this subchapter shall be construed to apply to any corporation, society, order, or association carrying on the business of life, health, casualty, or accident insurance for profit or gain, and it shall only apply to fraternal beneficial associations as defined by section seven hundred and forty-nine, and nothing in this subchapter contained shall be construed to affect any grand or subordinate lodge or branch of any such fraternal beneficial societies, orders, or associations which limits its certificate holders to a particular religious denomination or to the employees of a particular town or city, designated firm, business house, or corporation, or department or branch of the United States Government, nor the grand or subordinate lodges of the Independent Order of Odd Fellows, nor any grand or subordinate lodge, or other body of Free and Accepted Masons, nor the grand or any subordinate lodge of the Knights of Pythias, or similar orders, associations, or societies that do not have as their principal object the issuance of benefit certificates of membership in case of death or the payment of sick, funeral, or death benefits exceeding in amount one hundred dollars.

Sec. 765. Nor to associations or individuals using name of previously existing corporation.—

The provisions of this subchapter shall not extend to nor apply to any association or individual who shall, in the certificate filed with the recorder of deeds, use or specify a name or style the same as that of any previously existing incorporated fraternal beneficial association in the District of Columbia.

Sec. 766. Reorganization.—

Any corporation heretofore existing or doing business in the District of Columbia may come under and avail itself of the provisions of this chapter by giving to its stockholders, members, or associates notice as prescribed in section six hundred and thirty-five of subchapter four thereof and pursuing the same procedure and complying with the same requirements as are prescribed in said subchapter in respect to increase or diminution of capital stock; and upon filing its certificate of reorganization in such case, such company shall be entitled to the privileges and provisions and be subject to the liabilities of the class of corporations to which it belongs, as provided in and by this chapter.

Sec. 767. Notice of application for charter, and so forth.—

Whoever, not being a Senator or Representative in Congress, intends to present to Congress a bill for an act of incorporation, or for an alteration or extension of the charter of a corporation in the District of Columbia, or of any special privileges in said District, shall give notice of such intention by publishing a copy of the bill at least once a week for four successive weeks, in a newspaper published in the District of Columbia, the last of said publications to be made at least fourteen days prior to the presentation of such bill. Such newspaper shall be designated by the person proposing the bill and approved by the Commissioners of the District of Columbia.

Sec. 768. Voluntary, when.—

When a majority of the trustees, directors, or other officers having the management of the concerns of any corporation in the District, or stockholders representing not less than one-third of the capital stock of any such corporation, discover that the property and effects of the corporation have been so far reduced, by losses or otherwise, that it will not be able to pay all just demands against it or offer a reasonable security to those who deal with it, or they shall deem it beneficial to the interests of the stock-holders that the corporation be dissolved, or when such directors, trustees, or other officers are authorized by a majority of the stock-holders

Voluntary.

to apply for a decree, as hereinafter provided, or when the objects of the corporation have wholly failed or are entirely abandoned or are impracticable, they may apply to the supreme court of the District by petition for the dissolution of said corporation.

Sec. 769. Application to supreme court of the District of columbia—

such application shall contain a statement of the reasons upon which it is founded, and there shall be annexed thereto—

Sec. 770. Publication.—

On the filing of such application, accounts,

—contents of, etc.

inventories, and affidavit, an order shall be passed requiring all persons interested in said corporation to appear in said court and show cause by a day named, if any they have, why it should not be dissolved, and a notice of said order shall be, published in some newspaper of general circulation weekly for three successive weeks, the first insertion to be not less than one month before the day fixed for showing cause as aforesaid.

Sec. 771. Reference to take testimony.—

Whether answer be

Publication of order to show cause.

made or not, the cause shall be referred to the auditor, who shall take testimony in relation to the allegations of the petition, and report to the court, with all convenient speed, with a statement of the property and effects, debts, credits, and engagements of the corporation and all other matters relative to the issues in said cause.

Sec. 772. Decree of dissolution.—

If it appear to the court that

Reference to take testimony.

the corporation is insolvent, or that a dissolution thereof will be beneficial to the stockholders and not injurious to the public interests, or that the objects of the corporation have wholly failed or been abandoned or are impracticable, a decree shall be entered dissolving the corporation and appointing one or more receivers of its estate and effects; and the corporation shall thereupon be dissolved and cease to exist.

Sec. 773. Receiver.—

A director, trustee, or other officer of the

Decree of dissolution.

corporation, or any of its stockholders, may be appointed a receiver, and any receiver so appointed shall give bond in such penalty, and

Receiver.

with such surety or sureties, as may be approved by the court, conditioned for the due discharge of his duties as receiver.

Sec. 774.

Upon his giving surety as aforesaid the receiver shall be vested with all the estate, real or personal, of the corporation, for the benefit of its creditors and stockholders.

Sec. 775.

The said receiver shall proceed to collect and take into his

—bond of.

possession all the assets and effects of the corporation, including any sums due and unpaid upon the subscriptions to the capital stock of the corporation, and shall have authority to institute all needful actions for that object. He shall give public notice of his appointment and require all creditors of the corporation to present their claims to him.

Sec. 776. Void assignments.—

All sales, assignments, transfers, mortgages, and conveyances of any part of the estate, real or personal, of said corporation, including choses in action of every description, made after the filing of the petition for dissolution, in payment of or as security for any existing or prior debt, or for any other consideration, and all judgments confessed by said corporation after that time, shall be void as against the receiver appointed on said petition and as against the creditors of the corporation.

Sec. 777. Controversies with debtors and creditors.—

The receiver may settle controversies that arise between him and the debtors or creditors of the corporation by arbitration. If there be any open and subsisting engagements or contracts of the corporation in the nature of insurance, or contingent engagements of any kind, the receiver may, with the consent of the party holding such engagements, cancel and discharge the same by refunding to such party the premium or consideration paid thereon to the corporation, or so much thereof as shall be in the same proportion to the time which remains of any risk assumed by such engagements as the whole premium bears to the whole term of such risk; and upon such amount being paid by the receiver to the person holding such engagement it shall be deemed canceled and discharged as against the receiver.

Sec. 778. Distribution.—

The receiver may retain out of the money in his hands the amounts necessary for the purpose of canceling and discharging any open and subsisting engagements and of satisfying any demands for which a suit may be pending against the corporation and the costs of the proceeding, and distribute the residue among the creditors of the corporation, giving preference to debts which are liens on the property of the corporation, and shall make dividends from time to time among the creditors until their debts are paid in full.

Sec. 779. Dividends to stockholders.—

No dividends shall be paid to stockholders until after the final dividend to the creditors, and if, after such final dividend is made, there remain any surplus in the receiver’s hands, he shall distribute the same among the stockholders in proportion to the respective amounts paid in by them severally on their shares of stock.

Sec. 780. Receiver under court’s direction.—

The receiver shall be subject to the direction of the court as to making dividends and rendering his accounts and shall receive such commission as the court shall allow, not exceeding the rate allowed to executors and administrators, and reasonable counsel fees for services rendered to him.

Sec. 781. Dissolution by stockholders.—

When a majority of the directors, trustees, or other officers of a corporation become satisfied that the objects of the corporation can not be accomplished, and no installment of the capital stock has been paid, and no investments have been made and no debts incurred which are unpaid, they may call a meeting of the stockholders, by a notice published in some newspaper of general circulation, and if a majority, in amount, of the stockholders present at such meeting, in person or by proxy, shall decide that the objects of the corporation can not be accomplished, the corporation shall thereupon be dissolved and cease.

Sec. 782. Who to be trustees for creditors and stockholders.—

Upon the dissolution of a corporation by the expiration of its charter, or otherwise, unless other persons be appointed by the stock-holders, directors, or trustees of the corporation, or by a decree of the supreme court of the District, the directors or trustees acting last before the dissolution, and their survivors, shall be the trustees for the creditors and stockholders of the dissolved corporation, and shall have full power to settle the affairs of the same, to collect its assets and pay its outstanding debts, and divide among its stockholders the money or other property remaining, in proportion to the stock of each stockholder paid up; and in case of the refusal of said trustees or directors, or a majority of them, to act, the said court may, upon the application of any person interested, appoint trustees in their place.

Sec. 783. Actions not to abate.—

No action pending in favor of

Who to be trustees for creditors and stockholders.

or against any corporation shall be discontinued or abate by the dissolution of the corporation, whether such dissolution occur by the expiration of its charter or otherwise, but all such actions may be prosecuted to final judgment in its corporate name; and on all judgments so obtained, whether before or after its dissolution, execution may be had and satisfaction enforced in such corporate name.

Sec. 784.

A corporation may, after its dissolution, prosecute any

Action not to abate by dissolution of corporation.

action in and by its corporate name, for the use of the person or persons entitled to receive the proceeds of such action, upon any cause of action accrued, or which, but for such dissolution, would have accrued in favor of the corporation, in the same manner and with the like effect as if it had not been dissolved.

Sec. 785. Suits after dissolution.—

Any such dissolved corporation

—suits where proceeds of notion would have accrued to corporation but for dissolution.

may be sued by its, corporate name for or upon any cause of action accrued or which, but for such dissolution, would have accrued against it in the same manner and with the like effect as if it were not dissolved; and process in such action may be served upon any one of the

Suits after dissolution.

assignees, trustees, or receivers having the management of the assets of the corporation.

Sec. 786. Involuntary dissolution at the suit of the United States.—

Whenever the district attorney of the United States for the District of Columbia shall become satisfied that any corporation organized under the laws of said District has been guilty of such misuse, abuse, or nonuser of its corporate powers and franchises, or such violation of law as would authorize and make proper the forfeiture of its charter, corporate powers, and franchises, the said district attorney shall file in the supreme court of the District a petition in the name of the United States, setting forth, fully and in detail, the alleged abuse, misuse, or nonuser by reason whereof such forfeiture is sought, which petition shall be supported by affidavits of credible persons; and upon the filing of such petition the said court shall lay a rule requiring such defendant corporation to show cause, within such time as the court may deem proper, why a decree should not issue as prayed in said petition, a copy of which rule and petition shall be served on said corporation by a day therein limited.

Sec. 787. Answer of corporation.—

The said corporation, by the

Involuntary dissolution at the suit of the United States.

day named in said order, unless further time be granted by the court, shall file an answer to said petition, fully setting forth all the defenses upon which it intends to rely in resisting the application, which shall be verified by affidavit of some officer of the corporation.

Sec. 788. Pleading.—

The petitioners may thereupon plead to or

—answer of corporation.

traverse all or any of the material averments set forth in the answer, and the defendant shall join issue with or demur to said plea or traverse within five days thereafter.

Sec. 789. Trial.—

If issue or issues be joined on such proceedings,

—pleading.

the same shall stand for trial at such time as the court shall direct and shall be tried by a jury if either party desire it; otherwise, they shall be heard and determined by the court. If, from the findings of the

—trial.

jury or upon consideration and determination of the case by the court, the court shall be of opinion that legal cause of forfeiture has been shown and the public interests require that said forfeiture shall be declared, a decree of forfeiture shall be entered and the charter of said corporation shall thereby be annulled and vacated and its corporate

—decree of forfeiture.

franchises and powers shall cease and be void; and the court shall thereupon appoint a receiver or receivers of the assets and estate of said corporation, who shall proceed to wind up the affairs of said corporation, for the benefit of its creditors and stockholders, under the direction of the court.

Sec. 790.

If any corporation upon which a petition and rule to show cause shall have been served as aforesaid, shall neglect to tile an answer thereto at the time appointed by the court, the court shall proceed to hear the application ex parte within five days thereafter, and if it shall be of opinion that good cause of forfeiture is shown it shall proceed to decree as provided in the preceding section.

Sec. 791. Judgment.—

If the court, either upon a hearing ex parte or after answer, shall be of opinion that no cause of forfeiture is shown or that the public interests do not demand that such forfeiture be decreed, though legal cause therefor has been shown, it shall dismiss the petition. And if the court shall determine that legal cause of forfeiture has been shown, it may, in its discretion, before passing a final decree of forfeiture, pass orders requiring the said corporation, within a time to be therein fixed, to remedy the grievance complained of, and may suspend the passage of the final decree of forfeiture until the time so fixed, and may afterwards refuse to pass such decree if the grievance shall have been remedied by the time so fixed.

Sec. 792. Appeal.—

From any judgment or determination of the court on petitions tiled for forfeiture, as aforesaid, either party may appeal to the court of appeals, subject to such regulations as may be prescribed by said court.

Sec. 793. Injunction.—

The district attorney may tile a bill in the name of the United States in said supreme court for the purpose of restraining by injunction any corporation organized under the laws of the District from assuming or exercising any franchise, liberty, or privilege or transacting any business not allowed by its charter or certificate of incorporation or not by law allowed to be assumed or exercised by said corporation: and in the same manner may tile a bill to restrain any individuals from exercising any corporate rights, privileges, or franchises not granted to them by law; and on the filing of any such bill the said supreme court shall have power to issue an injunction as prayed and to exercise all the powers of a court of equity over the subject-matter of such bill.

Sec. 794. Involuntary dissolution at the suit of creditors.—

When any corporation in the District has remained insolvent for a year, or has neglected or refused for that period to pay and discharge its notes or other evidences of debt, or has, for that period, suspended its ordinary and lawful business, a bill may be tiled by the district attorney, as aforesaid, for the dissolution of said corporation, or, if he shall decline to do so, on the application of any judgment creditor of said corporation, the said judgment creditor, if an execution upon his judgment shall be returned unsatisfied, in whole or in part, may file such bill.

Sec. 795.

Upon prima facie proof of the facts necessary to sustain such suit the court may issue an injunction restraining the corporation, its trustees, directors, and officers from collecting or receiving any debt or demand and from paying out or transferring or delivering to any person any of its property or effects and from exercising any of its corporate rights and franchises during the pendency of the suit,

—injunction.

unless by permission of the court. And at any stage of the proceeding the court may appoint a receiver to collect and preserve the property of the corporation and dispose of and manage the same, under the direction of the court, until final decree in the cause.

Sec. 796. Parties.—

Where the action is brought by a creditor, the

—receiver.

stockholders, directors, trustees, or other officers, or any of them who may be made liable by law for the payment of the complainant’s debt, may be made parties defendant by the original or a supplemental bill, and their liability may be declared and enforced by the decree; but nothing herein shall prevent any creditor from enforcing such liability in a separate suit against such parties.

Sec. 797. Account and distribution.—

In such suit, if the court

—parties.

shall be of opinion that the complainant is entitled to the relief prayed, and that such corporation ought to be dissolved, the court shall cause an account to be taken of the assets and debts of the corporation and shall decree an equal distribution of the assets among the creditors, subject to existing liens: but if said corporation has no property to satisfy its creditors, or to the extent to which its property is insufficient therefor, the court may require the stockholders, who are parties defendant to the suit, to pay into court the amounts due and unpaid on the shares of stock held by them, and shall ascertain the amounts properly chargeable, in favor of creditors, to said stockholders and the trustees, directors, or other officers who are parties to the suit, and in the final decree for the dissolution shall adjudge and decree that said amounts shall be paid into court by the parties respectively liable there for, to be applied to the payment of the debts of the corporation.

Sec. 798. Murder in first degree.—

Whoever, being of sound

Offenses against the person.

memory and discretion, purposely, and either of deliberate and premeditated malice or by means of poison, or in perpetrating or in attempting to perpetrate any offense punishable by imprisonment in the penitentiary, kills another, is guilty of murder in the first degree.

Sec. 799.

Whoever maliciously places an obstruction upon a railroad

Murder in first degree.

or street railroad, or displaces or injures anything appertaining thereto, or does any other act with intent to endanger the passage of any locomotive or car, and thereby occasions the death of another, is guilty of murder in the first degree.

Sec. 800. Murder in second degree.—

Whoever with malice aforethought,

—placing obstruction on a railroad.

except as provided in the last two sections, kills another is guilty of murder in the second degree.

Sec. 801. Punishment.—

The punishment of murder in the first

Murder in second degree.

degree shall be death by hanging. The punishment of murder in the second degree shall be imprisonment for life, or for not less than twenty years.

Sec. 802. Manslaughter.—

Whoever commits manslaughter shall

Punishment.

be punished by a tine not exceeding one thousand dollars, or by imprisonment not exceeding fifteen years, or by both such fine and imprisonment.

Sec. 803. Assault with intent to kill, and so forth.—

Every

Manslaughter.

person convicted of any assault with intent to kill or to commit rape, or to commit robbery, or mingling poison with food, drink, or medicine with intent to kill, or willfully poisoning any well, spring, or cistern of water, shall be sentenced to imprisonment for not more than fifteen years.

Sec. 804. Mayhem.—

Every person convicted of an assault with

Assault with intent to kill, etc.

intent to commit mayhem, or of an assault with a dangerous weapon, shall be sentenced to imprisonment for not more than ten years.

Sec. 805. Assault.—

Whoever assaults another with intent to commit any other offense which may be punished by imprisonment in the

Assault.

penitentiary shall be imprisoned not more than five years.

Sec. 806.

Whoever unlawfully assaults, or threatens another in a menacing manner, shall be fined not more than five hundred dollars, or be imprisoned not more than twelve months, or both.

Sec. 807.

Every person convicted of mayhem or of maliciously disfiguring another shall be imprisoned for not more than ten years.

Sec. 808. Rape.—

Whoever has carnal knowledge of a female forcibly and against her will, or carnally knows and abuses a female child under sixteen years of age. shall be imprisoned for not less than five

Rape: penalty.

nor more than thirty years: Provided, That in any ease of rape the jury may add to their verdict, if it be guilty, the words “with the death penalty.” in which case the punishment shall be death by hanging:

Provisos.

—jury may add death.

Provided further, That if the jury fail to agree as to the punishment, the verdict of guilty shall be received and the punishment shall be imprisonment as provided in this section.

Sec. 809. Procuring miscarriage.—

Whoever, with intent to procure the miscarriage of any woman, prescribes or administers to her any medicine, drug, or substance whatever, or with like intent uses any instrument or means, unless when necessary to preserve her life or health and under the direction of a competent licensed practitioner of medicine, shall be imprisoned for not more than five years; or if the woman or her child dies in consequence of such act, by imprisonment for not less than three nor more than twenty years.

Sec. 810. Robbery.—

Whoever by force or violence, whether against resistance or by sudden or stealthy seizure or snatching, or by putting in fear, shall take from the person or immediate actual possession of another anything of value, is guilty of robbery, and any person convicted thereof shall suffer imprisonment for not less than six months nor more than fifteen years.

Sec. 811.

Whoever attempts to commit robbery, as defined in the preceding section, by an overt act, shall be imprisoned for not more than three years or be fined not more than five hundred dollars, or both.

Sec. 812. Abduction.—

Whoever unlawfully and forcibly or fraudulently carries off or decoys out of the District any person, or arrests or imprisons any person with the intention of having such person carried out of the District, shall be imprisoned for not less than one nor more than seven years, or fined not exceeding one thousand dollars,

Abduction.

or both: Provided, That whoever leads, carries, or entices away a child under the age of sixteen years, with the intent unlawfully to detain or conceal such child so lead, taken, or enticed away, shall be imprisoned for not more than twenty years or fined not exceeding one thousand dollars, or both.

Sec. 813.

Any person who, for purposes of prostitution, persuades, entices, or forcibly abducts from her home or usual abode, or from the custody and control of her parents or guardian, any female under sixteen years of age shall be punished by imprisonment for not less than two nor more than twenty years: and whoever knowingly secretes or harbors any such female so persuaded, enticed, or abducted as aforesaid shall suffer imprisonment for not more than eight years.

Sec. 814. Cruelty to children.—

Any person who shall torture, cruelly beat, abuse, or otherwise willfully maltreat any child under the age of eighteen years; or any person, having the custody and possession of a child under the age of fourteen years, who shall expose, or aid and abet in exposing, such child in any highway, street, field, house, outhouse, or other place, with intent to abandon it; or any person, having in his custody or control a child under the age of fourteen years, who shall in any way dispose of it with a view to its being employed as an acrobat, or a gymnast, or a contortionist, or a circus rider, or a ropewalker, or in any exhibition of like dangerous character, or as a beggar, or mendicant, or pauper, or street singer, or street musician; or any person who shall take, receive, hire, employ, use, exhibit, or have in custody any child of the age last named tor any of the purposes last enumerated, shall be deemed guilty of a misdemeanor, and, when convicted thereof, shall be subject to punishment

Cruelty to children.

by a fine of not more than two hundred and fifty dollars, or by imprisonment for a term not exceeding two years, or both.

Sec. 815. Libel.—

Whoever publishes a libel shall be punished by

—penalty.

a tine not exceeding one thousand dollars or imprisonment for a term not exceeding five years, or both.

Sec. 816. What is publication.—

To knowingly send or deliver

Libel.

any libelous communication to the party libeled is a sufficient publication to subject the person sending or delivering the same to punishment as aforesaid.

Sec. 817. Justification.—

Any publication of a libel shall be justified

What is publication.

if it appear that the matter charged as libelous was true and was published with good motives and for justifiable ends.

Sec. 818. False charc.es of unchastity.—

Whoever wrongfully

Justification.

accuses any woman of unchastity shall be punished by a fine not exceeding five hundred dollars or by imprisonment not exceeding one year, or both, and shall also be liable to a civil action for damages by the party injured.

Sec. 819. Blackmail.—

Whoever verbally or in writing accuses or

False charges of unchastity.

threatens to accuse any other person of a crime or of any conduct which, if true, would tend to disgrace such other person, or in anyway subject him to the ridicule or contempt of society, or threatens to expose or publish any of his infirmities or failings, with intent to extort from such other person anything of value or any pecuniary advantage whatever, or to compel the person accused or threatened to do or to refrain from doing any act, and whoever with such intent publishes any such accusation against any other person shall be imprisoned for not more than five years or be fined not more than one thousand dollars, or both.

Sec. 820. Arson.—

Whoever shall maliciously burn or attempt to

Offenses against property.

burn any dwelling, or house, barn, or stable adjoining thereto, or any store, barn, or outhouse, or any shop, office, stable, store, warehouse, or any other building, or any steamboat, vessel, canal boat, or other water craft, or any railroad ear, the property, in whole or in part, of another person, or any church, meetinghouse, schoolhouse, or any of the public buildings in the District, belonging to the United States or to the District of Columbia, shall suffer imprisonment for not less than one year nor more than ten years.

Sec. 821.

Whoever maliciously burns or sets fire to airy dwelling,

Arson.

shop, barn, stable, store, or warehouse or other building, or any steam-boat. vessel, canal boat, or other water craft, or any goods, wares, or merchandise, the same being his own property, in whole or in part, with intent to defraud or injure any other person, shall be imprisoned for not more than fifteen years.

Sec. 822.

Whoever shall maliciously burn or set fire to any fences,

—burning his own property.

woods, stacks of hay, grain, or straw, or growing crops, the property, in whole or in part, of another, shall be imprisoned for not more than thirty days or be fined not more than five hundred dollars, or both.

Sec. 823. Housebreaking.—

Whoever shall, either in the night

—fences, stacks of hay, etc.

or in the daytime, break and enter, or enter without breaking, any dwelling, bank, store, warehouse, shop, stable, or other building, or any apartment or room, whether at the time occupied or not, or any steamboat, canal boat, vessel, or other water craft, or railroad ear. or any yard where any lumber, coal, or other goods or chattels are deposited and kept for the purpose of trade, with intent to break and carry away any part thereof or any fixture or other thing attached to or connected with the same, or to commit any criminal offense, shall be imprisoned for not more than fifteen years.

Sec. 824. Unlawful entry on private property.—

Any person who, without lawful authority, shall enter, or attempt to enter, a private dwelling against the will of the lawful occupant thereof, or being therein without lawful authority to remain therein, shall refuse to quit the same on the demand of the lawful occupant thereof, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a tine not exceeding fifty dollars or imprisonment in the jail for not more than six months, or both, in the discretion of the court.

Sec. 825. Depredation on fixtures in houses.—

Whoever shall willfully and without color of right enter into any occupied or unoccupied dwelling house or other building, property of another, and shall cut, break, or tear from its place any gas pipe, water pipe, door-bell, or other fixture therein; or whoever shall in such dwelling house or other building willfully and without color of right cut, break, or tear down any wall or part of a wall, or door, with intent to cut, break, or tear from its place any pipe or fixture therein, shall be fined not more than two hundred dollars, or be imprisoned not more than two years, or both.

Sec. 826. Grand larceny.—

Whoever shall feloniously take and carry away anything of value of the amount or value of thirty-five dollars or upward, including things savoring of the realty, shall suffer imprisonment for not less than one nor more than ten years.

Sec. 827. Petit larceny.—

Whoever shall feloniously take and carry away anything of value of the amount or value of less than thirty-five dollars, including things savoring of the realty, shall be fined not more than two hundred dollars, or be imprisoned for not more than one year, or both.

Sec. 828. Destroying stolen property.—

Whoever shall maliciously destroy anything of value of the amount or value of thirty-five dollars or upward which shall have been stolen, knowing the same to have been stolen, shall suffer imprisonment for not less than one year nor more than three years.

Sec. 829. Receiving stolen goods.—

Any person who shall receive or buy anything of value which shall have been stolen or obtained by robbery, knowing the same to be so stolen or so obtained by robbery, with intent to defraud the owner thereof, if the thing or things received or bought shall be of the value of thirty-five dollars or upward, shall suffer imprisonment for not less than one year nor more than ten years; or if the value of the thing or things so received or bought be less than thirty-five dollars, shall suffer imprisonment for not more than two years.

Sec. 830. Stealing will.—

Whoever, during the life of a testator or after his death, shall, for a fraudulent purpose, take and carry away a will, codicil, or other testamentary instrument, or destroy, mutilate, or secrete the same, whether it relates to personal or real property, shall suffer imprisonment for not more than five years.

Sec. 831. Stealing property of District of Columbia.—

Whoever shall embezzle, steal, or purloin any money, property, or writing, the property of the District of Columbia, shall suffer imprisonment for not exceeding five years, or be fined not more than five thousand dollars, or both.

Sec. 832. Receiving property stolen from the District of Columbia.—

Whoever shall receive, conceal, or aid in concealing, or have in possession, with intent to convert to his own use. any money, property, or writing, the property of the District of Columbia, knowing the same to have been embezzled, stolen, or purloined from the District of Columbia by any other person, shall be punished by a fine not exceeding five thousand dollars, or imprisonment not exceeding five years, or both.

Sec. 833. Embezzlement.—

Whoever, being charged with the collection,

Receiving property stolen from the District of Columbia.

receipt, safe-keeping, transfer, or disbursement of public money or other property or effects belonging or payable to the District of Columbia or in the custody of the same, fraudulently converts to his own use, or to the use of any other person, body corporate, or association whatever, or uses, by way of investment, in any kind of security, stock, loan, property, or in any other manner or form loans, with or without interest, to any company, corporation, association or individual, excepting by depositing in bank to said party’s own credit, in the usual course of business, any public money, funds, property, bonds, securities, assets, or effects received, controlled, or held by him for safe-keeping or for any other purpose, shall forfeit all right, by way of commissions or compensation, to any part of the said money or other property and shall be deemed guilty of embezzlement of the whole of the money or other property thus converted, used, invested, loaned, deposited, or paid out, and shall be imprisoned for not more than twenty years and lined in a sum not exceeding double the value of the money or property embezzled.

Sec. 834. Embezzlement by agent, attorney, clerk, or servant.—

If any agent, attorney, clerk, or servant of a private person or copartnership, or any officer, attorney, agent, clerk, or servant of any association or incorporated company, shall wrongfully convert to his own use, or fraudulently take, make way with, or secrete, with intent to convert to his own use, anything of value which shall come into his possession or under his care by virtue of his employment or office, whether the thing so converted be the property of his master or employer or that of any other person, copartnership, association, or corporation, he shall be deemed guilty of embezzlement, and shall be punished by a tine not exceeding one thousand dollars, or by imprisonment for not more than ten years, or both.

Sec. 835. Embezzlement of note not delivered.—

Every embezzlement

Embezzlement by agent, attorney, clerk, or servant

of any evidence of debt negotiable by delivery only, actually executed by the master or employer of any such clerk, attorney, agent, officer, or servant, but not delivered or issued as a valid instrument, shall be deemed an offense within the meaning of the last preceding section.

Sec. 836. Receiving with knowledge.—

Every person who shall

Embezzlement of note not delivered.

buy or in any way receive anything of value, knowing the same to have been embezzled, taken, or secreted contrary to the provisions of any of the three next preceding sections, shall be punished in the same manner and to the same extent as prescribed in said sections, respectively.

Sec. 837. Carriers and innkeepers.—

Any person intrusted with

Receiving with knowledge.

anything of value, to be carried for hire, or being an innkeeper and intrusted by his guest with anything of value for safe-keeping, who fraudulently converts the same to his own use, shall be deemed guilty of embezzlement and punished as provided in section eight hundred and thirty-four.

Sec. 838. Warehouseman, and so forth.—

Any warehouseman, factor, storage, forwarding, or commission merchant, or his clerk, agent, or employee, who, with intent to defraud the owner thereof, sells, disposes of, or applies or converts to his own use any property intrusted or consigned to him, or the proceeds or profits of any sale of such property, shall be deemed guilty of embezzlement, and shall suffer imprisonment for not more than ten years.

Sec. 839. Mortgagor in possession.—

Any mortgagor of personal property in possession of the same, who, with intent to defraud the owner of the claim secured by the mortgage, removes any of the mortgaged property out of the District, or secretes or sells the same, or converts the same to his own use, shall be deemed guilty of embezzlement, and shall be punished by a fine not exceeding one thousand dollars, or by imprisonment for not more than five years, or both.

Sec. 840. Taking away or concealing writings.—

Whoever, with intent to defraud or injure another person, shall take away or conceal any writing whereby the estate or right of such other person shall or may be defeated, injured, or altered shall sutler imprisonment for not more than seven years.

Sec. 841. Executors and other fiduciaries.—

Any executor, administrator, guardian, trustee, receiver, collector, or other officer into whose possession money, securities, or other property of the property or estate of any other person may come by virtue of his office or employment, who shall fraudulently convert or appropriate the same to is own use, shall forfeit all right or claim to any commissions, costs, and charges thereon, and shall be deemed guilty of embezzlement of the entire amount or value of the money or other property so coming into his possession and converted or appropriated to his own use, and shall be punished by a fine not exceeding one thousand dollars, or by imprisonment not exceeding ten years, or both.

Sec. 842. False pretenses.—

Whoever, by any false pretense, with intent to defraud, obtains from any person anything of value, or procures the execution and delivery of any instrument of writing or conveyance of real or personal property, or the signature of any person, as maker, indorser, or guarantor, to or upon any bond, bill, receipt, promissory note, draft, or check, or any other evidence of indebtedness, and whoever fraudulently sells, barters, or disposes of any bond, bill, receipt, promissory note, draft, or check, or other evidence of indebtedness, tor value, knowing the same to be worthless, or knowing the signature of the maker, indorser, or guarantor thereof to have been obtained by any false pretenses, shall, if the value of the property or the sum or value of the money or property mentioned or described in the instrument so obtained, procured, sold, bartered, or disposed of is thirty-five dollars or upward, be imprisoned not less than one year

False pretenses.

nor more than three years; or, if less than that sum, shall be fined not more than two hundred dollars or imprisoned for not more than six months, or both. Any person who obtains any lodging, food, or accommodation at an inn, boarding house, or lodging house, without paying therefor, with intent to defraud the proprietor or manager thereof, or who obtains credit at such an inn, boarding house, or lodging house by the use of any false pretense, or who, after obtaining credit or accommodation at such an inn. boarding house, or lodging house, absconds or surreptitiously removes his baggage therefrom without paying for his food, accommodation, or lodging, shall be deemed guilty of a misdemeanor, and upon conviction thereof in the police court of the District of Columbia be fined not more than one hundred dollars or imprisoned not more than six months, or both, in the discretion of said court.

Sec. 843. Forgery.—

Whoever, with intent to defraud or injure another, falsely makes or alters any writing of a public or private nature, which might operate to the prejudice of another, or passes, utters, or publishes, or attempts to pass, utter, or publish as true and genuine, any paper so falsely made or altered, knowing the same to be false or forged, with the intent to defraud or prejudice the right of another, shall be imprisoned for not less than one year nor more than ten years.

Sec. 844. Destroying or defacing public records.—

Whoever

Forgery.

maliciously or with intent to injure or defraud any other person defaces, mutilates, destroys, abstracts, or conceals the whole or any part of any record authorized by law to be made, or pertaining to any court or public office in the District, or any paper duly tiled in such court or office, shall be lined not more than three hundred dollars or imprisoned not more than two years, or both.

Sec. 845. False certificate of acknowledgment.—

Any officer

Destroying or defacing public records.

authorized to take the proof or acknowledgment of an instrument which, by law, may be recorded, who willfully certifies falsely that the instrument was acknowledged by any party thereto, or who willfully certifies falsely as to any other material matter in such acknowledgment, shall be imprisoned for not less than one year nor more than ten years.

Sec. 846. Malicious injury.—

Whoever maliciously places an

False certificate of acknowledgment.

obstruction on or near the track of any steam or street railway, or displaces or injures anything appertaining to such track, with intent to endanger the passage of any locomotive or car, shall be imprisoned for not more than ten years.

Sec. 847.

Whoever maliciously cuts down or destroys, by girdling

Malicious injury.

—to steam or street railways.

or otherwise, any standing or growing vine, bush, shrub, sapling, or tree on the land of another, or severs from the land of another any product standing or growing thereon, or any other thing attached thereto, shall, if the value of the thing destroyed or the amount of damage done to any such thing or to the land is thirty-five dollars or more, be imprisoned for not less than one year nor more than three years, or, if such value or amount is less than that sum, shall be fined not less than five dollars nor more than one hundred dollars, or be imprisoned not more than one year, or both.

Sec. 848.

Whoever maliciously injures or destroys, or attempts to

—to trees, etc.

injure or destroy, by fire or otherwise, any movable property not his own, of the value of thirty-five dollars or more, shall be punished by imprisonment for not less than one year and not more than ten years, and if the value of the property be less than thirty-five dollars, by a fine not exceeding two hundred dollars, or by imprisonment not exceeding one year, or both.

Sec. 849. Stealing or injuring books, and so forth.—

Any person

—to any movable property.

who shall steal, wrongfully deface, injure, mutilate, tear, or destroy any book, pamphlet, or manuscript, or any portion thereof belonging to the Library of Congress, or to any public library in the District of Columbia, whether the property of the United States or of any individual or corporation in said District, or who shall steal, wrongfully deface, injure, mutilate, tear, or destroy any book, pamphlet, document, manuscript, print, engraving, medal, newspaper, or work of art, the property of the United States, shall be held guilty of a misdemeanor, and. on conviction thereof, shall, when the offense is not otherwise punishable by some statute of the United States, be punished by a fine of not less than ten dollars nor more than one thousand dollars, and by imprisonment for not less than one month nor more than one year, or both, for every such offense.

Sec. 850.

If any person shall maliciously cut down, demolish, or

Stealing or injuring books, etc.

otherwise injure any railing, fence, or inclosure around or upon any cemetery, or shall injure or deface any tomb or inscription thereon, he shall be fined not more than one hundred dollars.

Sec. 851. Forcible entry and detainer.—

Whoever shall forcibly

Injuring tombs, cemeteries, etc.

enter upon any premises, or, having entered without force, shall unlawfully detain the same by force against any person previously in the peaceable possession of the same and claiming right thereto, shall be punished by imprisonment for not more than one year or a fine of not more than one hundred dollars, or both.

Sec. 852. Challenging to fight a duel.—

If any person shall in the District challenge another to tight a duel, or send or deliver any written or verbal message purporting or intended to be such challenge, or shall accept any such challenge or message, or shall knowingly carry or deliver an acceptance of such challenge or message to fight a duel in or out of the District, he shall be punished by imprisonment for a term not exceeding ten years.

Sec. 853. Assaulting for refusal.—

If any person shall assault, beat, or wound, or cause to be assaulted, beaten, or wounded, any person in the District for refusing to accept such challenge, or cause him to be published or posted as a coward, or use other opprobrious language in such publication tending to degrade and disgrace him for so declining or refusing such challenge, he shall be punished by imprisonment for a term not exceeding three years.

Sec. 854. Leaving the District to fight.—

If any person, for the purpose of evading the provisions aforesaid, shall leave the District, by previous arrangement or concert within the same, with intent to give or receive any such challenge without the District, and shall give or receive the same accordingly, the person or persons so offending shall be punished in the same manner as if said challenge had been given and received within the District.

Sec. 855. Carrying weapons.—

Any person who shall within the District of Columbia have concealed about his person any deadly or dangerous weapon, or who shall carry openly any such weapon, with intent to unlawfully use the same, shall be fined not less than fifty dollars nor more than five hundred dollars, or be imprisoned not exceeding

Carrying weapons.

—penalty.

one year, or both: Provide, That the officers, noncommissioned officers, and privates of the United States Army, Navy, or Marine Corps, or of any regularly organized militia company, police officers, officers guarding prisoners, officials of the United States or the District of Columbia engaged in the execution of the laws for the protection of persons or property, when any of such persons are on duty, shall not be liable for carrying necessary arms for use in performance

Provisos.

—exceptions; police, etc.

of their duty: Provided further, That nothing contained in this section shall be so construed as to prevent any person from keeping or carrying about his place of business, dwelling house, or premises any such dangerous or deadly weapon, or from carrying the same from place of purchase to his dwelling house or place of business, or from his dwelling house or place of business to any place where repairing is done to have the same repaired and back again: Provided further,

—carrying in place of business, etc.

That nothing contained in this section shall be so construed as to apply to any person who shall have been granted a written permit to carry such weapon or weapons by any judge of the police court of the District of Columbia: and authority is hereby given to any such judge to grant such permit for a period of not more than one month at any one time, upon satisfactory proof to him of the necessity for the granting thereof, and, further, upon the filing with such judge of a bond, with sureties to be approved by said judge, by the applicant for such permit, conditioned to the United States in such penal sum as said judge shall require for the keeping of the peace, save in the case of necessary self-defense by such applicant during the continuance of said permit, which bond shall be put in suit by the United States for its benefit upon any breach of such condition.

Sec. 856.

All such weapons, as hereinbefore described, which may

—permit to carry.

be taken from any person offending against any of the provisions of the last preceding section shall, upon conviction of such person, be disposed of as may be ordered by the judge trying the case, and the record shall show any and all such orders relating thereto as a part of the judgment in the case.

Sec. 857. Selling, and so forth, to minors.—

Any person or

Disposition of weapons taken.

persons who shall, within the District of Columbia, sell, barter, hire, lend, or give to any minor under the age of twenty-one years any such weapon as hereinbefore described shall be deemed guilty of a misdemeanor and shall, upon conviction thereof, be tined not more than one hundred dollars or be imprisoned not more than three months, or both. No person shall engage in or conduct the business

Selling, etc., to minors.

of selling, bartering, hiring, lending, or giving any weapon or weapons of the kind hereinbefore named without having previously obtained from the Commissioners of the District of Columbia a special license authorizing the conduct of such business by such person, and the said Commissioners are hereby authorized to grant such license, without fee therefor, upon the filing with them by the applicant therefor of a bond, with sureties to be by them approved, conditioned in such penal sum as they shall fix, to the United States, for the compliance by said applicant with all the provisions of this section, and upon any breach or breaches of said condition said bond shall be put in suit by said United States for its benefit, and said Commissioners may revoke said license. Any person engaging in said business without having previously

Special license to sell, etc., required.

obtained said special license shall be guilty of a misdemeanor, and upon conviction thereof shall be sentenced to pay a tine of not less than one hundred dollars nor more than five hundred dollars, of which one-half shall be paid to the informer, if any, whose information shall lead to the conviction of the person paying said fine; and in default of payment of said fine shall be imprisoned for not more than six months. All persons whose business is to sell, barter, hire, lend, or give any

—penalty.

such weapon or weapons shall be, and they hereby are, required to keep a written register of the name and residence of every purchaser, barterer, hirer, borrower, or done of any such weapon or weapons, together with a full description of such weapon, which register shall be subject to the inspection of the major and superintendent of the Metropolitan police of the District of Columbia; and, further, to

Register of purchasers.

make a report, under oath, on or before the first Tuesday of each and every month, to said major and superintendent of all such sales, barterings, hirings, lendings, or gifts, together with the respective names and residences of the person buying or receiving such weapon. Any person failing to keep such register or to make such reports shall be fined not more than one hundred dollars and the Commissioners may revoke his license.

Sec. 858. Perjury.—

Every person who, having taken an oath or

Offenses against public justice.

affirmation before a competent tribunal, officer, or person, in any case in which the law authorized such oath or affirmation to be administered, that he will testify, declare, depose, or certify truly, or that any written testimony, declaration, deposition, or certificate by him subscribed is true, willfully and contrary to such oath or affirmation states or subscribes any material matter which he does not believe to be true, shall be guilty of perjury; and any person convicted of perjury or subornation of perjury shall be punished by imprisonment in the penitentiary for not less than two nor more than ten years. Any such false testimony, declaration, deposition, or certificate given in the District of Columbia, but intended to be used in a judicial proceeding elsewhere, shall also be perjury within the meaning of this section.

Sec. 859. False personation.—

Whoever falsely personates another person before any court of record or judge thereof, or clerk of court, or justice of the peace, or any officer in the District authorized to administer oaths or take the acknowledgment of deeds or other instruments or to grant marriage licenses, with intent to defraud, shall be imprisoned for not less than one year nor more than five years.

Sec. 860.

Whoever falsely represents himself to be a justice of the peace, notary public, police officer, constable, or other public officer, or a minister qualified to celebrate marriage, and attempts to perform the duty or exercise the authority pertaining to any such office or character, or having been duly appointed to any of such offices shall knowingly attempt to act as any of such officers after his appointment or commission has expired or he has been dismissed from such office, shall suffer imprisonment in the penitentiary for not less than one year nor more than three years.

Sec. 861. Bribery.—

Whoever promises, offers, or gives, or causes or procures to be promised, offered, or given, any money or other thing of value, or makes or tenders any contract, undertaking, obligation, credit, or security for the payment of money, or for the delivery or conveyance of anything of value, to any executive, judicial, or other officer, or to any person acting in any official function, or to any juror or witness, with intent to influence the decision, action, verdict, or evidence of any such person on any question, matter, cause, or proceeding or with intent to influence him to commit or aid in committing, or to collude in or allow any fraud, or make any opportunity for the commission of any fraud, shall be fined not more than five hundred dollars, or be imprisoned not more than three years, or both.

Sec. 862. Threats.—

Whoever corruptly, by threats or force, endeavors to influence, intimidate, or impede any juror, witness, or officer in any court in the District in the discharge of his duties, or by threats or force, in any other way obstructs or impedes or endeavors to obstruct or impede the due administration of justice therein, shall be fined not more than two hundred dollars or imprisoned not more than three years, or both.

Sec. 863. Lotteries.—

If any person shall within the District keep, set up, or promote, or be concerned as owner, agent, or clerk, or in any other manner, in managing any policy lottery or policy shop, or shall sell or transfer any ticket, certificate, bill, token, or other device purporting or intended to guarantee or assure to any person or entitle him to a chance of drawing or obtaining a prize, to be drawn in any lottery, or in the game or device commonly known as policy lottery or policy, or shall, for himself or another person, sell or transfer, or have in his possession for the purpose of sale or transfer, or shall aid in selling, exchanging, negotiating, or transferring a chance or ticket in or share of a ticket in any policy lottery or any such bill, certificate, token, or other device, he shall be fined not more than five hundred dollars or be imprisoned not more than one year, or both.

Sec. 864.

If any person shall knowingly permit, on any premises under his control in the District, the sale of any chance or ticket in or share of a ticket in any lottery or policy lottery, or shall knowingly permit any lottery or policy lottery or policy shop on such premises, he shall be fined not less than fifty dollars nor more than five hundred dollars, or be imprisoned not more than one year, or both.

Sec. 865. Gaming.—

Whoever shall in the District set up or keep

—for permitting on premises.

any gaming table, or any house, vessel, or place, on land or water, for the purpose of gaming, or gambling device commonly called A B C, faro bank, E O, roulette, equality, keno, thimbles, or little joker, or any kind of gaming table or gambling device adapted, devised, and designed for the purpose of playing any game of chance for money or property, or shall induce, entice, and permit any person to bet or play at or upon any such gaming table or gambling device, or on the side of or against the keeper thereof, shall be punished by imprisonment for a term of not more than five years.

Sec. 866.

Whoever in the District knowingly permits any gaming

Gaming.

—penalty.

table, bank, or device to be set up or used for the purpose of gaming-in any house, building, vessel, shed, booth, shelter, lot, or other premises to him belonging or by him occupied, or of which at the time he has possession or control, shall be punished by imprisonment in the jail for not more than one year or by a tine not exceeding five hundred dollars, or both.

Sec. 867. Three-card monte, and so forth.—

Whoever shall in

—for permitting on premises.

the District deal, play, or practice, or be in any manner accessory to the dealing or practicing, of the confidence game or swindle known as three-card monte, or of any such game play, or practice, or any other confidence game, play, or practice, shall be deemed guilty of a misdemeanor, and shall be punished by a fine not exceeding one thousand dollars and by imprisonment for not more than five years.

Sec. 868. What is gaming table.—

All games, devices, or contrivances

Three-card monte, etc.

at which money or any other thing shall be bet or wagered shall be deemed a gaming table within the meaning of these sections; and the courts shall construe the preceding sections liberally, so as to prevent the mischief intended to be guarded against.

Sec. 869. Pool selling, and so forth.—

It shall be unlawful for

What is gaming table.

any person or association of persons in the cities of Washington and Georgetown, in the District of Columbia, or within said District within one mile of the boundaries of said cities, to bet, gamble, or make books or pools on the result of any trotting race or running race of horses, or boat race, or race of any kind, or on any election or any contest of any kind, or game of baseball. Any person or association of persons violating the provisions of this section shall be fined not exceeding five hundred dollars or be imprisoned not more than ninety days, or both.

Sec. 870. Bigamy.—

Whoever, having a husband or wife living,

Offenses against morality.

marries another shall be deemed guilty of bigamy, and on conviction thereof shall suffer imprisonment for not less than two nor more than seven years: Provided, That this section shall not apply to any person

Bigamy.

whose husband or wife has been continually absent for five successive

Proviso.

—exceptions.

years next before such marriage without being known to such person to be living within that time, or whose marriage to said living husband or wife shall have been dissolved by a valid decree of a competent court, or shall have been pronounced void by a valid decree of a competent court on the ground of the nullity of the marriage contract.

Sec. 871. Seduction by teacher.—

Any male person, over twenty-one

Seduction by teacher.

years of age, who is superintendent, tutor, or teacher in any public or private school, seminary, or other institution, or instructor of any female in any branch of instruction, who has sexual intercourse with any female under twenty-one years of age with her consent, while under his instruction during the term of his engagement as superintendent, tutor, or teacher, shall be imprisoned for not less than one year nor more than ten.

Sec. 872. Indecent publications.—

Whoever sells, or offers to sell, or give away, in the District, or has in his possession with intent to sell or give away or to exhibit to another, any obscene, lewd, or indecent book, pamphlet, drawing, engraving, picture, photograph, instrument. or article of indecent or immoral use, or advertises the same for sale, or writes or prints any letter, circular, handbill, book, pamphlet, or notice of any kind stating by what means any of such articles may be obtained, or advertises any drug, nostrum, or instrument intended to produce abortion, or gives or participates in, or by bill, poster, or otherwise advertises, any public exhibition, show, performance, or play containing obscene, indecent, or lascivious language, postures, or suggestions, or otherwise offending public decency, shall be fined not less than fifty dollars nor more than five hundred dollars, or imprisoned not more than one year, or both.

Sec. 873. Seduction.—

If any person shall seduce and carnally know any female of previous chaste character, between the ages of sixteen and twenty-one years, out of wedlock, such seduction and carnal knowledge shall be deemed a misdemeanor, and the offender, being convicted thereof, shall be punished by imprisonment for a term not exceeding three years, or fined not exceeding two hundred dollars, or may be punished by both such tine and imprisonment.

Sec. 874. Adultery.—

Whoever commits adultery in the District shall, on conviction thereof, be punished by a tine not exceeding five hundred dollars, or by imprisonment not exceeding one year, or both; and when the act is committed between a married woman and a man who is unmarried both parties to such act shall be deemed guilty of adultery; and when such act is committed between a married man and a woman who is unmarried, the man only shall be deemed guilty of adultery.

Sec. 875. Incest.—

If any person in the District related to another person within and not including the fourth degree of consanguinity, computed according to the rules of the Roman or civil law, shall marry or cohabit with or have sexual intercourse with such other so-related person, knowing him or her to be within said degree of relationship, the person so offending shall be deemed guilty of incest, and. on conviction thereof, shall be punished by imprisonment for not more than twelve years.

Sec. 876. Prize fighting, and so forth.—

Any person who shall voluntarily engage in a pugilistic encounter between man and man or a tight between a man and a bull or any other animal, for money or for other thing of value, or for any championship, or upon the result of which any money or anything of value is bet or wagered, or to see which any admission fee is charged, either directly or indirectly, shall be deemed guilty of a felony, and upon conviction shall be punished by imprisonment not less than one nor more than five years.

—“pugilistic encounter” defined.

By the term “pugilistic encounter,” as used in this section, is meant any voluntary tight by blows by means of fists or otherwise, whether with or without gloves, between two or more men, for money or for a prize of any character, or for any other thing of value, or for any championship, or upon the result of which any money or thing of value is bet or wagered, or to see which any admission fee is charged, either directly or indirectly.

Sec. 877. Using bottles of dealers in mineral waters.—

All

Mineral water bottles.

manufacturers and vendors of mineral waters and other beverages allowed by law to be sold in bottles, upon which their names or marks shall be respectively impressed, may tile with the clerk of the supreme

Filing description of, etc.

court of the District a description of such bottles and of the names or marks thereon, and shall cause the same to be published for not less than two weeks successively in a daily or weekly newspaper published in the District.

Sec. 878.

It shall be unlawful for any person, without the permission

—sale, etc., of by others prohibited.

of the owner thereof, to till with mineral waters or other beverages any such bottles so marked, for sale, or to traffic in any such bottles so marked and not bought by him of such owner; and every person so offending shall be liable to a penalty of fifty cents for every bottle so filled, or sold, or used, or disposed of, or bought, or trafficked in, for the first offense, and of five dollars for every subsequent offense, to be recovered as other fines are recovered in the District.

Sec. 879. Forging or imitating labels, and so forth.—

Whoever

Forging or imitating labels, etc.

willfully forges or counterfeits or makes use of any imitation calculated to deceive the public, though with colorable difference or deviation therefrom, of the private brand, wrapper, label, trade-mark, bottle, or package usually affixed or used by any person to or with the goods, wares, merchandise, preparation, or mixture of such person, with the intent to pass off any work, goods, manufacture, compound, preparation or mixture as the manufacture or production of such person which is not really such, shall be fined not more than five hundred dollars or imprisoned not more than one year, or both.

Sec. 880. Destroying boundary trees.—

Whoever maliciously

Destroying boundary trees.

cuts down, destroys, or removes any boundary tree, stone, or other mark or monument, or maliciously effaces any inscription thereon, either of his own lands or of the lands of any other person whatsoever, even though such boundary or bounded trees should stand within the person’s own land so cutting down and destroying the same, shall be fined not more than one thousand dollars and imprisoned not exceeding one year.

Sec. 881. Trespassing on Capitol grounds.—

Public travel in and

Capitol grounds.

Public use restricted.

occupancy of the Capitol grounds shall be restricted to the roads, walks, and places prepared for the purpose by flagging, paving, or otherwise.

Sec. 882.

It is forbidden to occupy the roads therein in such manner

—of roads.

as to obstruct or hinder their proper use; to drive violently upon them or with animals not under perfect control, or to use them for the conveyance of goods or merchandise except to or from the Capitol on Government service.

Sec. 883.

It is forbidden to offer or expose any article for sale; to

Begging, etc., forbidden.

display any sign, placard, or other form of advertisement; to solicit fares, alms, subscriptions, or contributions therein.

Sec. 884.

It is forbidden to step or climb upon, remove, or in any

Injuring statues, etc.

way injure any statue, seat, wall, or other erection, or any tree, shrub, plant, or turf therein.

Sec. 885.

It is forbidden to discharge any firearms, firework, or

Discharging firearms, etc.

explosive, set fire to any combustible, make any harangue or oration, or utter loud, threatening, or abusive language therein.

Sec. 886.

It is forbidden to parade, stand, or move in processions or

Parading in processions, etc.

assemblages, or display any flag, banner, or device designed or adapted to bring into public notice any party or organization or movement therein.

Sec. 887.

Offenses against the six preceding sections shall be punishable

Penalties.

by tine or imprisonment, or both, the tine not to exceed one hundred dollars, the imprisonment not to exceed sixty days; but in the case of heinous offenses, by reason of which public property shall have suffered damage to an amount exceeding one hundred dollars in value, the offense shall he punishable by imprisonment in the penitentiary for a period of not less than six months nor more than five years.

Sec. 888.

It shall be the duty of all policemen and watchmen having authority to make arrests in the District of Columbia to be watchful for offenses against these sections, and to arrest and bring before the proper tribunal those who shall offend against them under their observation or of whose offenses they shall be advised by witnesses.

Sec. 889.

It shall be the duty of all persons employed in the service of the Government in the Capitol or on its grounds to prevent, as far as may be in their power, offenses against these sections, and to aid the police, by information or otherwise, in securing the arrest and conviction of the offenders.

Sec. 890. Who may suspend prohibition.—

In order to admit of the due observance within the Capitol grounds of occasions of national interest becoming the cognizance and entertainment of Congress, the President of the Senate and the Speaker of the House of Representatives, acting concurrently, are hereby authorized to suspend for such proper occasion so much of the above prohibitions as would prevent the use of the roads and walks of the said grounds by processions or assemblages and the use upon them of suitable decorations, music,

Proviso.

Maintenance of order.

addresses, and ceremonies: Provided, That responsible officers shall have been appointed and arrangements determined adequate in the judgment of the said President of the Senate and Speaker of the House of Representatives for the maintenance of suitable order and decorum in the proceedings and for guarding the Capitol and its grounds from

When Capitol police commission may act.

injury. In the absence from Washington of either of the officers designated in this section the authority therein given to suspend certain prohibitions of this subchapter shall devolve upon the other, and in the absence from Washington of both it shall devolve upon the Capitol police commission.

Sec. 891. Grave robbery.—

Whoever, without legal authority or without the consent of the nearest surviving relative, shall disturb or remove any dead body from a grave for the purpose of dissecting, or of buying, selling, or in any way trafficking in the same, shall be imprisoned not less than one year nor more than three years.

Sec. 892. Limitation of hours of daily service for laborers and mechanics on public works.—

The service and employment of all laborers and mechanics who are now or may hereafter be employed by the Government of the United States, by the District of Columbia, or by any contractor or subcontractor upon any of the public works of the United States or of the said District of Columbia, is hereby limited and restricted to eight hours in any one calendar day; and it shall be unlawful for any officer of the United States Government or of the District of Columbia, or any such contractor or subcontractor, whose duty it shall be to employ, direct, or control the service of such laborers or mechanics, to require or permit any such laborer or mechanic to work more than eight hours in any calendar day except in case of extraordinary emergency.

Sec. 893.

Any officer or agent of the Government of the United States or of the District of Columbia, or any contractor or subcontractor, whose duty it shall be to employ, direct, or control any laborer or mechanic employed upon any of the public works of the United States or of the District of Columbia who shall intentionally violate any provision of the last preceding section for each and every such offense shall be punished by a fine not to exceed one thousand dollars or by imprisonment for not more than six months, or both.

Sec. 894.

The provisions of the two next preceding sections shall not be so construed as to in any manner apply to or affect contractors or subcontractors or to limit the hours of daily service of laborers or mechanics engaged upon the public works of the United States or of the District of Columbia tor which contracts were entered into prior to August first, eighteen hundred and ninety-two.

Sec. 895. Harbor regulations.—

Every vessel coining to anchor in

Harbor regulations.

—vessels anchoring.

the Potomac River between the junction of the Washington and Georgetown channels of said river and the extension of the south line of P street southwest, in the city of Washington, shall anchor as near the flats in said river as possible, so that the channel of said river will not be obstructed; and if such vessel is to remain over twelve hours it shall be moored with both anchors, so as to give room for passing vessels and so as not to swing and obstruct said channel. No vessel shall be permitted to anchor in the Washington channel of the Potomac River between the extended lines of P or K street south. Vessels coming to anchor above the line of K street south aforesaid shall come to anchor as near the flats as possible and so that the channel will not be obstructed; and all vessels coming to anchor shall be so moored by the use of both anchors as to prevent obstruction of the channel within four hundred feet of the nearest wharf, the said anchorage to continue only twenty-four hours unless otherwise ordered or directed by the harbor master. No vessel shall be permitted to lie, in Seventeenth street canal, New Jersey avenue canal, James Creek canal, or at the entrance thereof, so as to obstruct the passage of any vessel going into or out of the same or moving from one place to another therein, unless such obstructing vessel is actually engaged in loading or unloading, and shall then, if deemed expedient by the harbor master, be removed to such place as shall be necessary to give room to passing vessels. Any captain or owner of or anyone in charge of any barge, sand scow,

—removing sunken vessels.

or any vessel that may sink in said canals shall raise and remove the same in five days. Any vessel at the end of wharves or in docks shall, when

—giving place to other vessels, etc.

required by the harbor master, haul either way to accommodate vessels going in or coming out from such wharves or docks. They shall not occupy regular steamers or sailing packets’ berths without permission from the recognized occupants of such wharves and dock, and they are required to rig in all fore-and-aft spars, have boats hoisted up under the bow, and davits turned up, as the harbor master may direct. Vessels when not engaged in loading or discharging cargo shall give place to such vessels as are ready to receive or deliver freights; and if the captain or person in charge of any vessel refuse to move said vessel when notified by the occupant, of the wharf at which she is lying, the harbor master shall order him to haul to some other berth or into the stream. The powers and authority herein conferred upon the harbor master may, in his absence or temporary disability, be exercised by the pilot of the harbor police boat. Any person refusing to obey the instructions

Penalty.

of the harbor master or, in case of his absence or temporary disability, the said pilot of the harbor police boat, or any person failing to comply with any of the provisions of this section, shall be punished by a fine not exceeding one hundred dollars, or by imprisonment not exceeding six months, or both.

Sec. 896. Net fishing in Potomac River, and so forth.—

It

Net fishing in Potomac River, etc.

shall not be lawful for any person to fish with fake net, pound net, stake net, weir, float net, gill net, haul seine, dip net. or any other contrivance, stationary or floating, in the waters of the Potomac River and its tributaries within the District of Columbia: Provided, That

Provisos.

—barrel nets or pots may be used for eels.

this section shall not be construed to prevent the use of barrel nets or pots for the catching or killing of eels or prevent the United States Commissioner of Fish and Fisheries or his agents from taking from said waters, in any manner desired, fish of any kind for scientific purposes

—fish for propagation, etc.

or for purposes of propagation, and that nothing herein contained shall apply to persons employed in catching young catfish, smelt, chub, bull minnows, and crayfish for use as bait in fishing with

Permit required for taking bait.

hook and line: Provided further, That any person engaged in taking such catfish, smelt, chub, bull minnows, and crayfish shall first have procured a written permit from the said Commissioner of Fish and Fisheries to take such bait for hook and-line fishing.

Sec. 897. Bass.—

No person shall catch or kill in the waters of the Potomac River or its tributaries within the District of Columbia any black bass (otherwise known as green bass and chub) or crappie (otherwise known as calico bass and strawberry bass), between the first day of April and the first day of June of each year, nor have in possession nor expose for sale any of said species between the dates aforesaid, nor catch or kill any of said species of fish at any other time during the year except by angling, nor catch nor kill any of the aforesaid species by what are known as out lines or trot lines having a succession of hooks or devices.

Sec. 898. Shad ok herring.—

It shall be unlawful for any person to have in possession or expose for sale in the District of Columbia after the tenth day of June in any year any fresh fish of the shad or herring species.

Sec. 899.

Small fish.—It shall be unlawful for any person to expose for sale in the District of Columbia at any time during the year any striped bass or rockfish or black bass having a length of less than nine inches.

Sec. 900. Use of explosives, and so forth.—

It shall be unlawful for any person to catch or kill in the waters of the Potomac River or its tributaries within the District of Columbia any fish by means of explosives, drugs, or poisons.

Sec. 901. Deposits of deleterious matter.—

No person shall allow any tar, oil, ammoniacal liquor, or other waste products of any gas works or works engaged in using such products, or any waste product whatever of any mechanical, chemical, manufacturing, or refining establishment to flow into or be deposited in Rock Creek or the Potomac River or any of its tributaries within the District of Columbia or into any pipe or conduit leading to the same.

Sec. 902. Penalties.—

Any person who shall violate any of the provisions of the six next preceding sections shall be fined for each and every such offense not less than ten dollars nor more than one hundred dollars, and in default of payment of fine shall be imprisoned for a

One-half fine to informer, etc.

period not exceeding six months; and any officer or other person securing such conviction shall be entitled to and receive one-half of any tine or fines imposed upon and paid by the party or parties adjudged guilty.

Sec. 903.

All nets, boats, or other contrivances the property of any person convicted under the provisions of the preceding sections shall be returned to the property clerk of the Metropolitan police department to be delivered to the owner upon the order of the court, and if not called for within six months by the claimant the same shall be treated as other abandoned property coming into the hands of the police.

Sec. 904. Definition of terms.—

Except where such a construction

—“writing” and “paper.”

would be unreasonable, the words “writing” and “paper,” wherever mentioned in this chapter, are to be taken to include instruments wholly in writing or wholly printed, or partly printed and partly in writing.

Sec. 905.

The words “anything of value,” wherever they occur in this chapter, shall be held to include not only things possessing intrinsic value, but bank notes and other forms of paper money, and commercial paper and other writings which represent value.

Sec. 906. Attempts to commit crime.—

Whoever shall attempt to

Attempts to commit crime.

commit any crime, which attempt is not otherwise made punishable by this chapter, shall be punished by a fine not exceeding one thousand dollars or by imprisonment for not more than one year, or both.

Sec. 907. Second conviction.—

Every person upon his second conviction

Second conviction.

of any criminal offense punishable by tine, or imprisonment or both may be sentenced to pay a fine not exceeding fifty per centum greater, and to suffer imprisonment for a period not more than one-half longer than the maximum fine and imprisonment for the first offense.

Sec. 908. Persons advising, inciting, or conniving at criminal offense to be charged as principals.—

In prosecutions for any criminal offense all persons advising, inciting, or conniving at the offense, or aiding or abetting the principal offender, shall be charged as principals and not as accessories, the intent of this section being that as to all accessories before the fact the law heretofore applicable in cases of misdemeanor only shall apply to all crimes, whatever the punishment may be.

Sec. 909. Accessories.—

Whoever shall be convicted of being an

Accessories.

accessory after the fact to any crime punishable by death shall be punished by imprisonment for not more than twenty years. Whoever shall be convicted of being accessory after the fact to any crime punishable by imprisonment shall be punished by a tine or imprisonment, or both, as the case may be, not more than one-half the maximum fine or imprisonment, or both, to which the principal offender may be subjected.

Sec. 910. Punishment for offenses not covered by provisions of code.—

Whoever shall be convicted of any criminal offense not covered by the provisions of any section of this code, or of any general law of the United States not locally inapplicable in the District of Columbia, shall be punished by a tine not exceeding one thousand dollars or by imprisonment for not more than five years, or both.

First.

Are all your statements in the foregoing answers made from your own personal knowledge and if not, show what is stated upon information and give its source.

Second.

State everything you know in addition to what is stated in your above answers concerning this case favorable to either the United States or the defendant.

For good cause shown the court may order in any case that the

Oral examination.

examination be conducted orally.

First.

Where such marriage was contracted while either of the parties thereto had a former wife or husband living, unless the former marriage had been lawfully dissolved.

Second.

Where such marriage was contracted during the lunacy of either party (unless there has been voluntary cohabitation after the lunacy) or was procured by fraud or coercion.

Third.

Where either party was matrimonially incapacitated at the time of marriage and has continued so.

Fourth.

Where either of the parties had not arrived at the age of legal consent to the contract of marriage (unless there has been voluntary cohabitation after coming to legal age), but in such cases only at the suit of the party not capable of consenting.

First.

The damages of the plaintiff, being the clear value over and

—assessment of dam ages for, etc.

above taxes and necessary expenses of the use and occupation of the property, exclusive of said improvements, to the defendant and those under whom he claims, during the whole period of their occupation of the same to the date of the verdict, and also any damage done to the property, by waste or otherwise, by said parties during said occupation.

Second.

The present value to the plaintiffs of any permanent improvements which may have been placed on the premises by the defendant or those under whom he claims.

Third.

The present value to the defendant of the property of the plaintiff without and exclusive of the said improvements.

Sec. 1011. What estates in District.—

Estates in land in the District shall be estates of inheritance, estates for life, estates for years, estates at will, and estates by sufferance.

Sec. 1012. Fee simple estates.—

All estates of inheritance, including such as were formerly estates tail, shall be adjudged estates in fee simple.

Sec. 1013.

An estate in fee simple may be either absolute or qualified,

—may be absolute, etc.

as to one and his heirs during an existing condition of things of uncertain duration.

Sec. 1014. Freeholds.—

Estates of inheritance and estates for life

Freeholds.

shall continue to be denominated freeholds, and estates for years shall be chattels real; estates at will or by sufferance shall be chattel interests, but shall not be liable, as such, to sale under execution; and all estates may be subject to conditions precedent or subsequent.

Sec. 1015. Estates pur autre vie.—

An estate for the life of a

Estates pour autre vie.

third person, whether limited to heirs or otherwise, shall be deemed a freehold only during the life of the grantee or devisee, but after his death it shall be deemed a chattel real and be a part of his personal estate.

Sec. 1016. Estates classified.—

Estates are either in possession or

Estates classified.

in expectancy.

Sec. 1017.

An estate in possession exists when the owner has an

—possession.

immediate right to the possession of the land.

Sec. 1018.

An estate in expectancy is either a reversion or a future

—expectancy.

estate.

Sec. 1019. Reversions.—

A reversion is the residue of an estate

Reversions.

left in the grantor who has conveyed, or in the heirs of the devisor who has devised a particular estate less than his own, and which residue returns to his or their possession on the expiration of the particular estate.

Sec. 1020. Future estates.—

A future estate is one limited to commence

Future estates.

at a future day, either without the intervention of a precedent estate or after the expiration or determination of a precedent estate created at the same time and by the same conveyance or devise.

Sec. 1021.

If it is to commence upon the full expiration of such

—when a remainder.

precedent estate, it is a remainder and may be transferred by that name, If it is to commence on a contingency which, if it happen, will abridge

—when a conditional limitation.

or determine such precedent estate before its expiration, it shall be known as a conditional limitation.

Sec. 1022. Vested and contingent future estates.—

A future

Vested and contingent future estates.

estate is vested when there is a person in being who would have an immediate, right to the possession of the land upon the expiration of the intermediate or precedent estate, or upon the arrival of a certain period or event when it is to commence in possession. It is contingent when the person to whom or the event upon which it is limited to take effect in possession or become a vested estate is uncertain.

Sec. 1023. Perpetuities.—

Except in the case of gifts or devises to charitable uses, every future estate, whether of freehold or leasehold, whether by way of remainder or without a precedent estate, and whether vested or contingent, shall be void in its creation which shall suspend, or may by possibility suspend, the power of absolute alienation of the property, so that there shall be no person or persons in being by whom an absolute fee in the same, in possession, can be conveyed, for a longer period than during the continuance of not more than one or more lives in being and twenty-one years thereafter.

Sec. 1024. Chattels real.—

The provisions aforesaid as to future

Chattels real.

estates shall apply to limitations of chattels real as well as to freehold estates, so that the absolute ownership of a term for years and power to dispose of the same shall not be suspended for a longer period than the absolute power of alienation in respect to a fee simple.

Sec. 1025. What estates created by deed or will.—

Subject to

What estates created by deed or will.

the provisions aforesaid, a freehold estate as well as a chattel real may be created by deed or will to commence at a future day, absolutely or conditionally; an estate for life may be created in a term for years and a remainder limited thereon: a remainder of freehold or for years, either vested or contingent, may be created expectant on the determination of a term for years, and a fee may be limited on a fee upon a contingency which must happen, if at all, within the period herein prescribed.

Sec. 1026. Alternative future estates.—

Two or more future estates may be created to take effect in the alternative, so that if the first in order shall fail to vest the next in succession may be substituted for it and take effect accordingly.

Sec. 1027. Remainder to heirs.—

Where a remainder shall be limited to the heirs or heirs of the body of a person to whom a life estate in the same premises shall be given, the persons who, on the termination of the life estate, shall be the heirs or the heirs of the body of such tenant for life shall be entitled to take in fee simple as purchasers by virtue of the remainder so limited.

Sec. 1028. Posthumous children.—

Where a future estate shall be limited to heirs, or issue, or children, posthumous children shall be entitled to take in the same manner as if living at the death of their parent: and a future estate depending on the contingency of the death of any person without heirs, or issue, or children shall be defeated by the birth of a posthumous child of such person.

Sec. 1029. Expectant estates not to be defeated.—

No expectant estate can be defeated or barred by any alienation or other act of the owner of the intermediate or precedent estate, nor by any destruction of such precedent estate, by disseizin, forfeiture, surrender, merger, or otherwise, except when such destruction is expressly provided for or authorized in the creation of such expectant estate; nor shall an expectant estate thus liable to be defeated be on that ground adjudged void in its creation.

Sec. 1030. Expectant estate alienable.—

Expectant estates shall be descendible, devisable, and alienable in the same manner as estates in possession.

Sec. 1031. Tenancies in common and joint tenancies.—

Every estate granted or devised to two or more persons in their own right, including estates granted or devised to husband and wife, shall be a tenancy in common, unless expressly declared to be a joint tenancy; but every estate vested in executors or trustees, as such, shall be a joint tenancy.

Sec. 1032. Estates for years.—

An estate for a determinate period of time is an estate for years.

Sec. 1033. Estates from year to year.—

An estate expressed to be from year to year shall be good for one year only.

Sec. 1034. Estates by sufferance.—

All estates which by construction of the courts were estates from year to year at common law, as where a tenant goes into possession and pays rent without an agreement for a term, or where a tenant for years, after the expiration of his term, continues in possession and pays rent and the like, and all verbal hidings by the month or at any specified rate per month, shall be deemed estates by sufferance.

Sec. 1035. Estates from month to month, and so forth.—

An estate may be from month to month or from quarter to quarter, or, as otherwise expressed, it may be by the month or by the quarter, if so expressed in writing.

Sec. 1036. Estates at will.—

An estate at will is one held by the joint will of lessor and lessee, and which may be terminated at any time, as herein elsewhere provided, by either party: and such estate shall not exist

Proviso.

or be created except by express contract: Provided, however,

—conveyance under mortgage, etc., sale, grantor deemed tenant at will, etc.

That in case of a sale of real estate under mortgage or deed of trust or execution, and a conveyance thereof to the purchaser, the grantor in such mortgage or deed of trust, execution defendant, or those in possession claiming under him, shall be held and construed to be tenants at will, except in the case of a tenant holding under an unexpired lease for years, in writing, antedating the mortgage or deed of trust.

Sec. 1037. Definition.—

A power is an authority to do some act in

Definition.

relation to lands or the creation of estates therein or of charges thereon which the owner granting or reserving such power might himself lawfully perform.

Sec. 1038. General power.—

A power is general where it authorizes

General power.

the alienation in fee, by means of a conveyance, will, or charge, of the lands embraced in the power to any alienee whatever.

Sec. 1039. Special power.—

A power is special—

Special power.

Sec. 1040. Beneficial power.—

A general or special power is beneficial

Beneficial power.

where no person other than the grantee has, by the terms of its creation, any interest in its execution.

Sec. 1041. Effect of absolute power to owner of particular estate.—

Where an absolute power of disposition, not accompanied by any trust, shall be given to the owner of a particular estate for life or years, such estate shall be changed into a fee, absolute in respect to the rights of creditors and purchasers but subject to any future estates limited thereon in case the power should not be executed or the lands should not be sold for the satisfaction of debts.

Sec. 1042. Effect of such power to one without particular estate.—

Where a like power of disposition shall be given to any person to whom no particular estate is limited, such person shall also take a fee, subject to any future estates that may be limited thereon but absolute in respect to creditors and purchasers.

Sec. 1043. Effect where no remainder on particular estate.—

In all cases where such power of disposition is given and no remainder is limited on the estate of the grantee of the power, such grantee shall be entitled to an absolute fee.

Sec. 1044. Construction of power to particular tenant to devise the inheritance.—

Where a general and beneficial power to devise the inheritance shall be given to a tenant for life or for years, such tenant shall be deemed to possess an absolute power of disposition, within the meaning and subject to the provisions of the three last preceding sections.

Sec. 1045. Right of grantor to reserve power.—

The grantor

Right of grantor to reserve power.

in any conveyance may reserve to himself any power, beneficial or in trust, which he might lawfully grant to another, and every power thus reserved shall be subject to the provisions of this subchapter as if granted to another.

Sec. 1046. Liability of beneficial powers in equity.—

Every

Liability of beneficial powers in equity.

special and beneficial power shall be liable, in equity, to the claims of creditors, and the execution of the power may be decreed for the benefit of the creditors entitled.

Sec. 1047. General powers in trust.—

A general power is in trust

General powers in trust.

when any person or class of persons other than the grantee of such power is designated as entitled to the proceeds, or any portion of the proceeds or other benefits to result from the alienation of the lands, according to the power.

Sec. 1048. Special powers in trust.—

A special power is in trust—

Sec. 1049. Trust powers imperative.—

Every trust power, unless its execution or nonexecution is made expressly to depend on the will of the grantee, is imperative and imposes a duty on the grantee the performance of which may be compelled in equity for the benefit of the parties interested.

Sec. 1050. Selection under trust powers.—

A trust power does not cease to be imperative where the grantee has the right to select any and exclude others of the persons designated as the objects of the trust.

Sec. 1051.

Where a disposition under a power is directed to be made to or among or between several persons, without any specifications of the share or sum to be allotted to each, all the persons designated shall be entitled to an equal proportion. But when the terms of the power import that the estate or fund is to be distributed between the persons so designated, in such manner or proportions as the trustee of the power may think proper, the, trustee may allot the whole to any one or more of such persons in exclusion of the others.

Sec. 1052. Execution of trust powers for benefit of creditors and assignees.—

The execution in whole or in part of any trust power may be decreed in equity for the benefit of the creditors or assignees of any person entitled to compel its execution when the interest of the objects of such trust is assignable.

Sec. 1053. Manner of executing powers.—

No power can be executed except by some instrument in writing, which would be sufficient in law to pass the estate or interest intended to pass under the power if the person executing the power were the actual owner.

Sec. 1054.

Where a power to dispose of lands is confined to a disposition by devise or will, the instrument of execution must be a will duly executed; and where a power is confined to a disposition by grant it can not be executed by will, although the disposition is not intended to take effect until after the death of the party executing the power.

Sec. 1055.

Every instrument executed by the grantee of a power conveying an estate or creating a charge, which such grantee would have no right to convey or create unless by virtue of his power, shall be deemed a valid execution of the power, although such power be not recited or referred to therein.

First.

Where the witness lives at a greater distance than one hundred miles from the place of trial.

Second.

Where the witness is likely to go out of the United States or out of the District to a place more than one hundred miles from the place of trial and not return in time for the trial.

Third.

Where the witness is infirm or aged, or for any other reason the party desiring his testimony fears he may not be able to secure the same at the time of trial, whether said witness resides within the District or not.

Fourth.

If during the trial any witness is unable, by reason of sickness or other cause, to attend the trial, the deposition of such witness may, in the discretion of the court, be taken and read at the trial.