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Code · STATUTES-AT-LARGE · Vol. 31 STAT. · Chapter LVII

Chapter LVII.

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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.
Subchapter Two. MORTGAGES AND DEEDS OF TRUST OF REAL PROPERTY.Mortgages and deeds of trust of real property.To be recorded. 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: 1272 Sec. 527. —record of. 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. 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. —recording, etc. 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. Surrender of mortgage on payment of debt, etc. 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. — where debt assigned, etc. 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. — release effectual, etc. 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. 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.Proceeding for appointment of new trustee. 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, 1273the 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. Proceedings for appointment of trustee, etc., to execute re-lease after death ol mortgagee. 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. 1274 Sec. 538.
Appointment of new trustee. 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. 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. Delay of party noti fled to apply for pre vention of sale. 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. Injunction against Sale. 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. 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. 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. 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. 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 1275of 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.
Subchapter Three. DEEDS OF CHATTELS.Deeds of chattels. 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.
Subchapter Four. DEEDS. RECORDER OF.Deeds, recorder of. 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. 1276 Sec. 550. Vacancy; deputy to act. 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. 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. 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. 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. 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. 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 1277or 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. Subchapter Five. FORMS OF CONVEYANCING.Forms of conveyancing. Fee simple deed. Deed by husband and wife.
Deed of life estate. Deed of trust to secure debts, sureties, or for other purposes. Form of trustee’s deed under a decree. 1278 Executor’s deed Form of mortgage, with or without power of sale. Form of lease. —legal additions, etc., to above allowed, etc.The aforegoing forms or forms to the like effect shall be sufficient, and any covenant, limitation, restriction, or proviso allowed by law may be added, annexed to, or introduced in the above forms. Any other form conforming to the rules hereinbefore laid down shall be sufficient. 1279 Chapter Seventeen.
COMMISSIONERS OF DEEDS AND NOTARIES PUBLIC. Sec. 557. Commissioners of deeds.— The President of the United Commissioners of deeds.States is authorized to appoint as many commissioners of deeds throughout the United States as he may deem necessary, with power to take the acknowledgment of deeds for the conveyance of property within the District, administer oaths, and take depositions in cases pending in the courts of said District in the manner prescribed by law: to whose acts, properly attested by their hands and seals of office, full faith and credit shall be given.
Sec. 558. Notaries.— The President shal1 also have power to appoint Notaries public.such number of notaries public, residents of said District, as, in his discretion, the business of the District may require. Sec. 559. Tenure of office.— Said commissioners of deeds and Tenure of office.notaries public shall hold their offices for the period of five years, removable at discretion. Sec. 560. Notaries in States.— Notaries public of the several Notaries in States.States, Territories, and the District of Columbia are authorized to take depositions and do all other acts in relation to taking testimony to be used in the courts of the District of Columbia, take acknowledgments and affidavits in the same manner and with the same effect as United States commissioners may now lawfully take or do.
Sec. 561. Oath and bond.— Each notary public, before entering Oath arid bond.upon the duties of his office, shall take the oath prescribed for civil officers in the District of Columbia, and shall give bond to the United States in the sum of two thousand dollars, with security, to be approved by the supreme court or a justice thereof, for the faithful discharge of the duties of his office. Sec. 562. Seal.— Each notary public shall provide a notarial seal, Seal.with which he shall authenticate all his official acts.
Sec. 563. He shall file his signature and deposit an impression of —filing, etc.his official seal in the office of the clerk of the supreme court of the District. Sec. 564. Exemption.— A notary’s official seal and his official documents Exemption.shall be exempt from execution. Sec. 565. Foreign bills of exchange.— Notaries public shall have Foreign bills of exchange.authority to demand acceptance and payment of foreign bills of exchange and to protest the same for nonacceptance and nonpayment, and to exercise such other powers and duties as by the law of nations and according to commercial usages notaries public may do.
Sec. 566. Other acts.— They may also perform such other acts, Other acts.for use and effect beyond the jurisdiction of the District, as according to the law of any State or Territory of the United States or any foreign government in amity with the United States may be performed by notaries public. Sec. 567. Inland bills and notes.— Notaries public may also Inland bills and notes.demand acceptance of inland bills of exchange and payment thereof, and of promissory notes and checks, and may protest the same for nonacceptance or nonpayment, as the case may require.
And on the original protest thereof he shall state the presentment by him of the same for acceptance or payment, as the case may be, and the nonacceptance or nonpayment thereof, and the service of notice thereof on any of the parties to the same, and the mode of giving such notice, and the reputed place of business or residence of the party to whom the same was given; and such protest shall be prima facie evidence of the facts therein stated. And any notary public failing to comply here-with shall pay a fine of ten dollars to the District of Columbia, to be collected in the police court as are other fines and penalties. 1280 Sec. 568.
Acknowledgments, oaths, etc. Acknowledgments. oaths, and so forth.— Each notary public shall have power to take and to certify the acknowledgment or proof of powers of attorney, mortgages, deeds, and other instruments of writing, the acknowledgment of any conveyance or other instrument of writing executed by any married woman, to take depositions and to administer oaths and affirmations in all matters incident or belonging to the duties of his office, and to take affidavits to be used before any court, judge, or officer within the District.
Sec. 569. Record. Record.— Each notary public shall keep a fair record of all his official acts, except such as are mentioned in the preceding section, and when required shall give a certified copy of any record in his office to any person upon payment of the fees therefor. Sec. 570. Copy of record as evidence. Copy of record as evidence.— The certificate of a notary public, under his hand and seal of office, drawn from his record, stating the protest and the facts therein recorded, shall be evidence of the facts m like manner as the original protest.
Sec. 571. Fees. Fees.— The fees of notaries public shall be— For each certificate and seal, fifty cents. Taking depositions or other writings, for each one hundred words, ten cents. Administering an oath, fifteen cents. Take acknowledgment of a deed or power of attorney, with certificate thereof, fifty cents. Every protest of a bill of exchange or promissory note, and recording the same, one dollar and seventy-five cents. Each notice of protest, ten cents. Each demand for acceptance or payment, if accepted or paid, one dollar, to be paid by the party accepting or paying the same.
Each noting of protest, one dollar. Sec. 572. Penalties for taking higher fees. Penalties for taking higher fees.— Any notary public who shall take, a higher fee than is prescribed by the preceding section shall pay a fine of one hundred dollars and be removed from office by the supreme court of the District. Sec. 573. Death, etc. Death, and so forth.— Upon the death, resignation, or removal from office of any notary public, his records, together with all his official papers, shall be deposited in the office of the clerk of the supreme court of the District.
Chapter Eighteen. CORPORATIONS.Corporations. Subchapter One. INSTITUTIONS OF LEARNING.Institutions of earning. Sec. 574. Certificateci organization. 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:
First. —contents of. The name or title by which the institution shall be known in law; Second. The number of trustees, directors, or managers, and their names; Third. The particular branch of literature and science, or either of them, proposed to be taught; and, 1281 Fourth. If the institution is to be of the rank of a college or university, the number and designation of the professorships to be established. 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 appliedof 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 moreQuantity 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 1282corporation in such sums and with such security as may be deemed sufficient by the corporation. Sec. 584. Annual statements. 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. 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. 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.
Subchapter Two. RELIGIOUS SOCIETIES.Religious societies. Sec. 587. Land to be acquired. 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. 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. 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. 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. Election of successors. 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. Failure to elect not to dissolve society. A failure to elect or appoint trustees at the proper time shall not work a dissolution of the society or congregation; but the 1283trustees 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 theMortgages. 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.
Subchapter Three. SOCIETIES, BENEVOLENT, EDUCATIONAL, AND SO FORTH.Societies, benevolent, educational, etc. 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— First.
The name or title by which such society shall be known in law.—contents. Second. The term for which it is organized, which may be perpetual. Third. The particular business and objects of the society. 1284 Fourth. The number of its trustees, directors, or managers for the first year of its existence. Sec. 600. Signers incorporated. 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. 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. 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. 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. 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. Subchapter Four. MANUFACTURING. AGRICULTURAL. MINING. MECHANICAL. INSURANCE. MERCANTILE. TRANSPORTATION, MARKET. AND SAVINGS BANK CORPORATIONS. Sec. 605. Manufacturing, agricultural. mining, mechanical, insurance. mercantile, transportation, market, and savings bank corporations.Certificate.
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 1285acknowledge, 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. First. The corporate name of the company and the object for which it is formed. Second. The term of its existence, which may be perpetual. Third. The amount of the capital stock of' the company and the number of shares of which said stock shall consist. Fourth. The number of trustees who shall manage the concerns of the company for the first year and their names. Fifth. The name of the place in the District in which the operations of the company are to be carried on.
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 car1286rying on all kinds of business within the objects and purposes of such company.
Sec. 613. Calls. 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. 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 stock-holders. 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. 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. 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. 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. 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. 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 stock holders. 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 1287debts 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, etc., not personally liable. 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. 1288 Sec. 631. Inspection of books. 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. Penalty for failure to keep book open to inspection. 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. 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. —condition of diminution. 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. Meeting to increase, etc., stock, etc., notice of. 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. —two-thirds of shares to bo represented 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. —certificate of proceedings. 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. —acknowledgment, filing of, etc. 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. Vote of two-thirds of shares necessary.
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. 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 1289certificate, 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 becomeTitle and fire insurance companies may become perpetual. 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.—WheneverSale 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, underDisposition 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. Subchapter Five. INSURANCE COMPANIES.Insurance companies.
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 CommissionersSuperintendent, 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. 1290 Sec. 646. Duties of superintendent. 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 of companies.—contents, etc.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.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 busi1291ness in the District; and it shall he unlawful for any insuranceTransacting 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 insuranceDeposit 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 financialFinancial 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.—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 1292collector 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.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.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, exemption of.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’ license.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 commis1293sions, 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 aPenalty. 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 asDisposition 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.—NothingFraternal 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 beneficialVol. 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 hereinIndustrial 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 applicationAssignment 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 suchPenalty. 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 1294the 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.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.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. Subchapter Six. CEMETERY ASSOCIATIONS.Cemetery associations. Sec. 658. How incorporated.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. Power to acquire laud.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. —survey of.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. —improvements.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. Distribution of proceeds from sale of lots.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.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 1295as 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 anyVoters. 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 establishBy-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 suchExemption 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 ofDedication. 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 beGrants 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 personDistance 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 orLots 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 perma1296nently 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.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.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; permits.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.Permit of health officer.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, 1297 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 personReturn 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 orReports 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 partExposure 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 bePlace 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 DistrictMode 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 beReopening 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 DistrictDepth of graves. so that any part thereof is within less than four feet of the ordi1298nary 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; permit, etc.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.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.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.—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.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. Subchapter Seven. BUILDING ASSOCIATIONS.Building associations.
Sec. 687. Certificate of organization.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. 1299 Sec. 688.
When such certificate shall have been filed for record asIncorporation, 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 aAssessments, 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 theObjects. 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 toAdvancements. 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 penaltyBond 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 participateProfits. 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 1300same 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 shares.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 of shareholders.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 by shareholders.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.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 on advanced shareholder in arrears, etc.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; limit on acquisition of.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. 1301 Subchapter Eight. BOARD OF TRADE.Board of trade.
Sec. 701. How incorporated.—Any number of persons, not lessHow 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 corporatePowers, 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 beLimit 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, andOfficers. 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 pluralityElections. 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 officesTenure 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 admitBy-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 ofFines. 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 corporationWhat 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. 1302 Subchapter Nine.
STREET RAILWAYS.Street railways. Sec. 710. Removal of disused tracks.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 to have same motive power.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.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.
Subchapter Ten. SAVINGS BANKS.Savings banks. Sec. 713. Report to be made to Comptroller.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](/us/rs/s5211/5212/5213/pp1007/1008).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, 1303shall 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 andCapitili 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 ComptrollerComptroller 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.
Subchapter Eleven. TRUST, LOAN, MORTGAGE, AND CERTAIN OTHER CORPORATIONS.Trust, loan, mortgage, and certain other corporations. Sec. 715. For what purposes to be formed.—Corporations mayFor 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:
First. A safe deposit, trust, loan, and mortgage business. Second. A title insurance, loan, and mortgage business. Third. A security, guarantee, indemnity, loan, and mortgage business: *Provided*, That the capital stock of any of said companies shall*Proviso.*Capital stock required. not be less than one million dollars, and that any of said companies may also do a storage business when their capital stock amounts to the sum of not less than one million two hundred thousand dollars.
Sec. 716. Organization certificate.—Such persons shall, underOrganization 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— First. The name of the corporation. Second. The purposes for which it is formed. Third. The term for which it is to exist, which shall not exceed the term of fifty years, and be subject to alteration, amendment, or repeal by Congress at any time.
Fourth. The number of its directors and the names and residences of the officers who for the first year are to manage the affairs of the company. Fifth. The amount capital stock and its subdivision into shares. Sec. 717. Power of Commissioners of the District.—This certificatePower 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 toNotice 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 1304the 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, etc.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. Comptroller, reports to.[R. S., secs. 5211, 5212, and 5213, pp. 1007, 1008](/us/rs/s5211/5212/5213/pp1007/1008).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](/us/rs/s5240/p1013).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 of companies.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— First. —contracts.To make contracts. Second. —sue and be sued.To sue and be sued, plead and be impleaded, in any court as fully as natural persons. Third. —seal.To make and use a common seal and alter the same at pleasure. Fourth. —loans.To loan money. Fifth. —safe deposit, trust, etc., companies; powers of. etc.When organized under subdivision one of section seven hundred and fifteen of this subchapter, to accept and execute trusts of any and every description which may be committed or transferred to them, and to accept the office and perform the duties of receiver, assignee, executor, administrator, collector of estate or property of any decedent, guardian of the estate of minors with the consent of the guardian of the person of such minor, and committee of the estates of lunatics and idiots whenever any trusteeship or any such office or appointment is committed or transferred to them, with their consent, by any person, body politic or corporate, or by any court in the District of Columbia; and all such companies organized under the first subdivision 1305of section seven hundred and fifteen of this subchapter are further authorized to accept deposits of money for the purposes designated herein, upon such terms as may be agreed upon from time to time with depositors, and to act as agent for the purpose of issuing or countersigning the bonds or obligations of any corporation, association, municipality, or State, or other public authority, and to receive and manage any sinking fund on any such terms as may be agreed upon, and shall have power to issue its debenture bonds upon deeds of trust or mortgages of real estate to a sum not exceeding the face value of said deeds of trust or mortgages, and which shall not exceed fifty per centum of the fair cash value of the real estate covered by said deeds or mortgages, to be ascertained by the Comptroller of the Currency; but no debenture bonds shall be issued until the securities on which the same are based have been placed in the actual possession of the trustee named in the debenture bonds, who shall hold said securities until ail of said bonds are paid: and when organizedTitle insurance, loan, etc., companies; powers of, etc. under the second subdivision of section seven hundred and fifteen of this subchapter said company is authorized to insure titles to real estate and to transact generally the business mentioned in said subdivision; and when organized under the third subdivision of section seven hundred and fifteen of this subchapter said company is hereby authorized, in addition to the loan and mortgage business therein mentioned, to secure, guarantee, and insure individuals, bodies politic,Security, guarantee, etc., companies; powers of, etc. associations, and corporations against loss by or through trustees, agents, servants, or employees, and to guarantee the faithful performance of contracts and obligations of whatever kind entered into by or on the part of any person or persons, association, corporation, or corporations, and against loss of every kind: *Provided*, That any corporations*Proviso.*Corporations acting as trustee accountable for amounts actually earned by trust funds, etc. formed under the provisions of this subchapter when acting as trustee shall be liable to account for the amounts actually earned by the moneys held by it in trust in addition to the principal so held; but such corporation may be allowed a reasonable compensation for services performed in the care of the trust estate.
Sec. 722. May be appointed trustee, executor, and so forth.—Court may appoint company trustee, executor. etc.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 thisOath. 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 appointStock 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 1306such 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 may avail themselves of present provisions.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.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.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.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.Shares.—The capital stock of every such company shall be divided into shares of one hundred dollars each. It shall be lawful 1307for 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 companyAnnual 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 shallTaxes. 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 complyLiability 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 regardFalse 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 companyStock 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 everyLiability of stock-holders. company incorporated under this subchapter, or availing itself of its 1308provisions 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.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.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.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.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.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. —exemption.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.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, etc., holding stock.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, 1309administrator, 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 mayIncrease 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 anyCopy 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 appointedNo bond to be required when company appointed executor. 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 theCourt 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 corporationCorporation 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.—Right to amend or repeal reserved to Congress.Congress may at any time alter, amend, or repeal this subchapter, but 1310any 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. Subchapter Twelve. FRATERNAL BENEFICIAL ASSOCIATIONS.Fraternal benefit associations.
Sec. 749. —defined.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 may continue.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 association: papers to be filed before doing business.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 1311copy 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 associationFiling 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 businessAnnual 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: First. Number of certificates issued during the year or membersQuestions required to be answered. admitted.
Second. Amount of indemnity effected thereby. Third. Number of losses or benefit liabilities incurred. Fourth. Number of losses or benefit liabilities paid. Fifth. The amount received from each assessment for the year. Sixth. Total amount paid members, beneficiaries, legal representatives, or heirs. Seventh. Number and kind of claims for which assessments have been made. Eighth. Number and kind of claims compromised or resisted, and brief statement of reasons. Ninth. Does the association charge annual or other periodical dues or admission fees? Tenth.
If so, how much on each one thousand dollars, annually or per capita, as the case may be? Eleventh. Total amount received, from what source, and the disposition thereof. 1312 Twelfth. Total amount of salaries paid to officers. Thirteenth. Does the association guarantee in its certificates fixed amounts to be paid regardless of amount realized from assessments, dues, admission fees, and donations? Fourteenth. If so, state amount guaranteed and the security of such guaranty. Fifteenth.
Has the association a reserve or emergency fund? Sixteenth. If so, how is it created, and for what purpose, the amount thereof, and how invested? Seventeenth. Has the association more than one class? Eighteenth. If so, how many; and the amount of indemnity in each case. Nineteenth. Number of members in each class. Twentieth. If voluntary, so state; and give date of organization. Twenty-first. If organized under the laws of said District, under what law and at what time, giving chapter and year, and date of pas-sage of the act.
Twenty-second. If organized under the laws of any State, country, province, or Territory, state such fact and the date of organization, giving chapter and year, and date of passage of the act. Twenty-third. Number of certificates of beneficial membership lapsed during the year. Twenty-fourth. Number in force at beginning and end of year; if more than one class, number in each class. Twenty-fifth. Names and addresses of its president, secretary, and treasurer, or corresponding officers.
Sec. 753. Nonresident associations to name an attorney in the District.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.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. 1313 Sec. 755.
Certificate of organization; trustees.—Any nine orCertificate 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, thePowers 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 shallElection 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, orReincorporation. 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 1314new name assumed, and all the property and effects of such existing corporation shall vest in and belong to the corporation so reincorporatedorcontinued.
Sec. 757. March 3, 1901. 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 becomeSubordinate 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. —powers, etc. 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. Contract invalid if beneficiary to pay assesments 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. Benefits exempt from attachment. 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 wherein1315 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 convictionFraudulent 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 attorneyNeglect 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 penalty1316 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. Acting without authority. 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. Law not to apply to associations for profit. 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. Subchapter Thirteen. —nor to associations or individuals using name of previously existing corporation.EXISTING CORPORATIONS.
Sec. 766. Existing corporations. 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. Reorganization. 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. Subchapter Fourteen. Notice of application for charter, etc.DISSOLUTION OF CORPORATIONS. Sec. 768. Dissolution of corporations. 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 less1317 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-holdersVoluntary. 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 ofPetition for dissolution. columbia— such application shall contain a statement of the reasons upon which it is founded, and there shall be annexed thereto— First. A full, just, and true inventory of all the estate, real and personal, of the corporation, and of all the books, vouchers, and securities relating thereto. Second. A full, just, and true account of the capital stock of the corporation, specifying the names of the stockholders, their residences, when known, the number of shares belonging to each, the amounts paid in upon said shares, respectively, and the amounts still due thereon.
Third. A statement of all the incumbrances on the property of the corporation and of all the engagements entered into by it which have not been fully satisfied or canceled, specifying the place of residence of each creditor and of every person to whom such engagements were made, if known, the sum owing to each creditor and the nature and consideration of the indebtedness, and such application shall be verified by affidavit. 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 bePublication 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 thatReference 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 theDecree of dissolution. corporation, or any of its stockholders, may be appointed a receiver, and any receiver so appointed shall give bond in such penalty, andReceiver. 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 any1318 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. —duties, etc. 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. Void assignments. 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. Controversies with debtors and creditors. 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. Distribution. 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. Dividends to stock-holders. 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. Receiver under court’s direction. 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. Dissolution by stock-holders. 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 for1319 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 ofWho 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 anyAction 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 theSuits 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—process. 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 theInvoluntary 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 of1320 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. —receiver. 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. Ex parte hearing. 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. Judgment.
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. Appeal. 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. Injunction. 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. Involuntary dissolution at the suit of creditors. 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. 1321 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.
Chapter Nineteen. CRIMES AND PUNISHMENTS.—account and distribution. Subchapter One. OFFENSES AGAINST THE PERSON.Crimes and punishments. Sec. 798. Murder in first degree.— Whoever, being of soundOffenses 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 railroadMurder 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 firstMurder 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 shallPunishment. 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.— EveryManslaughter. 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 withAssault 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. 1322 Sec. 805. Mayhem. Assault.— Whoever assaults another with intent to commit any other offense which may be punished by imprisonment in theAssault. 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. —penalty. Every person convicted of mayhem or of maliciously disfiguring another shall be imprisoned for not more than ten years. Sec. 808. —mayhem. 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 fiveRape: 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. —failure of to agree. 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. Procuring miscarriage. 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. Robbery. 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. —attempt. 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. *Provisos*.—of child under 16 years, etc. 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. —for purposes of prostitution. 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 being1323 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 punishmentCruelty 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 deliverLibel. 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 justifiedWhat 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 wrongfullyJustification. 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 orFalse 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.
Subchapter Two. OFFENSES AGAINST PROPERTY.Blackmail. Sec. 820. Arson.— Whoever shall maliciously burn or attempt toOffenses 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, any1324 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. Housebreaking. 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. Unlawful entry on private property. 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. Depredation on fixtures in houses. 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. Grand larceny. 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. Petit larceny. 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. Destroying stolen property. 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. Receiving stolen goods. 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 will. 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. 1325 Sec. 832.
Receiving property stolen from the District ofStealing property of District of Columbia. 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.Embezzlement defined.— 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 embezzlementEmbezzlement 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 shallEmbezzlement 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 withReceiving 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,Embezzlement by carriers and innkeepers. 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,1326 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. By warehouseman, etc. 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. By mortgagor in possession. 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. Taking away or concealing writings. 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. Embezzlement by executors and other fiduciaries. 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 yearFalse 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. —penalty. 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 to1327 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.— WhoeverForgery. 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 officerDestroying 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 anFalse 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 girdlingMalicious 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, orStealing 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 forciblyInjuring tombs, cemeteries, etc. enter upon any premises, or, having entered without force, shall unlawfully detain the same by force against any person previously in the1328 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.
Subchapter Three. Forcible entry and detainer.OFFENSES AGAINST THE PUBLIC PEACE. Sec. 852. Offenses against the public peace. 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. Challenging to fight a due. 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. Assaulting for refusal. 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.
Leaving the District to light. 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 exceedingCarrying 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 said1329 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 orDisposition 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 businessSelling, 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 previouslySpecial 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, toRegister 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. Subchapter Four. OFFENSES AGAINST PUBLIC JUSTICE.Report of sales, etc. Sec. 858. Perjury.— Every person who, having taken an oath orOffenses 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 or1330 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. Perjury. 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. False personation before courts, etc. 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. —of public officer, minister, etc. 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. Bribery. 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. Subchapter Five. Threats.OFFENSES AGAINST PUBLIC POLICY.
Sec. 863. Offenses against public policy. 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. Lotteries.—penalty. 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 knowingly1331 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 gamingGaming.—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 contrivancesThree-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 forWhat 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. Subchapter Six. OFFENSES AGAINST MORALITY.Pool selling, etc. 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 personBigamy. 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-oneSeduction 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 with1332 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. 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. 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.
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 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.
Subchapter Seven. Miscellaneous.MISCELLANEOUS. Sec. 876. Prize fighting, etc. 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. 1333 Sec. 877.
Using bottles of dealers in mineral waters.— AllMineral 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 supremeFiling 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.— WhoeverForging 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 maliciouslyDestroying 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 andCapitol 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; toBegging, 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 anyInjuring 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, orDischarging 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 orParading 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 punishablePenalties. 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,1334 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. Arrests by District police. 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. —Capitol employees to aid, etc. 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. 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 fromWhen 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. 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. Eight hours daily service for laborers on public works. 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. Penalty to contractors, etc. 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. Not applicable to contracts prior to August 1, 1892. 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 or1335 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 inHarbor 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 instructionsPenalty. 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.— ItNet 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 with1336Permit 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. 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 or herring. 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. 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, etc 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. 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. 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 aOne-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. Disposition of nets, etc., taken. 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. Subchapter Eight. General provisions.GENERAL PROVISIONS.
Sec. 904. Definition of terms 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. —“anything of value.” 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. 1337 Sec. 906.
Attempts to commit crime.— Whoever shall attempt toAttempts 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 convictionSecond 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 criminalPersons advising, inciting, or conniving at criminal offense to be charged as principals. 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 anAccessories. 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 provisionsPunishment for offenses not covered by provisions of code. 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. Chapter Twenty. CRIMINAL PROCEDURE.Criminal procedure.
Sec. 911. Searches.— Upon complaint, under oath, before the policeWarrant to search suspected house, etc. court, or a justice of the peace, setting forth that the affiant believes and has good cause to believe that there are concealed in any house or place articles stolen, taken by robbers, embezzled, or obtained by false pretenses, forged or counterfeited coin. Stamps, labels, bank bills or other instruments, or dies, plates, stamps, or brands for making the same, books or printed papers, drawings, engravings, photographs, or pictures of an indecent or obscene character, or instruments for immoral use, or any gaming table, device, or apparatus kept for the purpose of unlawful gaming, or any lottery tickets or lottery policies, particularly describing the house or place to be searched, the things to be seized, substantially alleging the offense in relation thereto and describing the person to be seized, the said court or justice may issue a warrant to the marshal or any officer of the police commanding him to search such house or place for the property or other things, and,—form of, etc. if found, to bring the same, together with the person to be seized, before the police court.
The said warrant shall have annexed to it or inserted therein a copy of the affidavit upon which it is issued, and may be substantially in the form following: Whereas there has been filed before _ _ _ _ _ _ _ _ _ _ _ _ an affidavit, of which the following is a copy (here insert): These are therefore to1338 command you to enter (here describe the place) and there diligently search for the said articles, goods or chattels in the said affidavit described, and that you bring the same, or any part thereof, found on said search and also the body of _ _ _ _ _ _ _ _ _ , before the police court, to be dealt with and disposed of according to law.
Sec. 912. Custody of seized property. When the warrant is executed by the seizure of the property or things described therein, the said property or things shall be delivered to the marshal, and shall be safely kept to be used as evidence. Sec. 913. —to continue until trial, etc. If upon the examination the court is satisfied that the offense charged with reference to the things seized has been committed, the party accused shall be committed for trial or held to bail, and said things shall remain in the custody of the marshal until the accused is tried or the right of the claimant to said things is otherwise ascertained.
Sec. 914. —final disposition. If the accused be discharged, the property or other things seized shall be returned to the person in whose possession they were found. If he be convicted, the property stolen, embezzled, or obtained by false pretenses shall be returned to its owner, and the other articles before described shall be destroyed, under direction of the court. Sec. 915. Offenses that may be joined. Offenses that may be joined.— An indictment for larceny may contain a count for obtaining the same property by false pretenses, a count for embezzlement thereof, and a count for receiving or concealing the same property, knowing it to be stolen or embezzled or any of such counts, and the jury may convict of any of such offenses, and may find any or all of the persons indicted guilty of any of said offenses.
Sec. 916. Description of money. Description of money.— In every indictment, except for forgery, in which it is necessary to make an averment as to any money or bank bill or notes. United States Treasury notes, postal and fractional currency, or other bills, bonds, or notes’ issued by lawful authority and intended to pass and circulate as money, it shall be sufficient to describe such money, bills, notes, currency, or bonds simply as money, without specifying any particular coin, note. bill, or bond; and such allegation shall be sustained by proof that the accused has stolen or embezzled any amount of coin, or any such note, bill, currency, or bond, although the particular amount or species of such coin, note, bill, currency, or bond be not proved.
Sec. 917. Intent to defraud. Intent to defraud.— In an indictment in which it is necessary to allege an intent to defraud, it shall be sufficient to allege that the party accused did the act complained of with intent to defraud, without alleging an intent to defraud any particular person or body corporate; and on the trial of such an indictment it shall not be necessary to prove an intent to defraud any particular person, but it shall be sufficient to prove a general intent to defraud.
Sec. 918. Peremptory challenges. Peremptory challenges.— In all trials for capital offenses the accused and the United States shall each be entitled to twenty peremptory challenges. In trials for offenses punishable by imprisonment in the penitentiary the accused and the United States shall each be entitled to ten peremptory challenges. In all other cases, civil as well as criminal, in which the plaintiff is the United States, each party shall be entitled to three peremptory challenges; and if there are several defendants, they shall be treated as one person in the allowance of such challenges.
Sec. 919. Cause of challenge not available after verdict. Cause of challenge not available after verdict.— No verdict shall be set aside for any cause which might be alleged as ground for challenge of a juror before the jury are sworn, except when the objection to the juror is that he had a bias against the defendant such as would have disqualified him, and such disqualification was1339 not known to or suspected by the defendant or his counsel before the juror was sworn. Sec. 920.
Witnesses for defense.—In any criminal trial the justice Witness for defendant.trying the case may allow such number of witnesses on behalf of the defendant as may appear to be necessary, the fees of such witnesses to be paid in the same manner as the fees of the witnesses for the Government: *Provided*, That the defendant makes application under oath *Proviso*.—inability of, to pay fees, etc.before the trial, or, in cases of manifest necessity, during the trial, setting forth that he is not possessed of sufficient means and is actually unable to pay the fees of such witnesses, and setting forth also the names of such witnesses and what he expects to prove by them, in order that the court may be advised whether or not the testimony be material to the issue.
Sec. 921. Discharging defendants during trial.—When two or Discharging defendants during trial.more persons are jointly indicted the court may, before a defendant has gone into his defense, direct any such defendant to be discharged, that he may be a witness for the United States. An accused party may also, when there is not sufficient evidence to put him upon his defense, be discharged by the court, or, if not discharged by the court, shall be entitled to the immediate verdict of the jury for the purpose of giving evidence for the other parties accused with him; and such order of discharge, in either case, equally with the verdict of acquittal, shall be a bar to another prosecution for the same offense.
Sec. 922. Depositions.—If a material witness for the defendant Depositions.resides more than a hundred miles from the city of Washington, or is sick or infirm, or about to leave the District, the defendant may apply in writing to the court for a commission to examine such witness upon interrogatories thereto annexed when the deposition is to be taken beyond the District of Columbia, and orally in other cases, and the court may grant the same and pass an order stating for what length of time notice shall be given to the district attorney before said witness shall be examined.
At or before the time fixed in said notice, Cross-interrogatories.when the examination is upon written interrogatories, the district attorney may file cross-interrogatories; but if he fail to do so the clerk shall file the following: 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. Sec. 923. The commission shall issue from the clerk’s office, the Procedure the same as in civil cases, etc.examination of the witnesses shall be made and certified, and the return thereof made in the same manner as in civil cases, and unimportant irregularities or errors in the proceedings under said commission shall not cause the deposition to be excluded where no substantial prejudice can be wrought to the Government by such irregularities or errors.
Sec. 924. Sentence.—If a new trial be not granted nor the judgment Sentence.arrested the court may pronounce sentence upon the party convicted; but the execution of such sentence shall be postponed for a sufficient time to enable the defendant to prosecute an appeal, on the application of the defendant, if he shall give notice of his intention to appeal from the judgment to the court of appeals. Sec. 925. Whenever the punishment shall be imprisonment for more Penitentiary; designation of.than one year, it shall be sufficient for the court to sentence the defendant to imprisonment in the penitentiary without specifying the 1340particular prison, and the imprisonment shall be in such penitentiary as the Attorney-General shall from time to time designate.
Sec. 926. Time of execution.Time of execution.—In case of a sentence of death, the time fixed for the execution of the sentence shall not be considered an essential part of the sentence, and if it be not executed at the time therein appointed, by reason of the pendency of an appeal or for other Cause, the court may appoint another day for carrying the same into execution. Sec. 927. Insanity of criminals.—at the time offense committed.Insane criminals.—When any person tried upon an indictment for an offense is acquitted on the sole ground that he was insane at the time of its commission, that fact shall be set forth by the jury —after indictment, etc.in their verdict; and whenever a person is indicted for an offense and before trial or after a verdict of guilty prima facie evidence is submitted to the court that the accused is then insane, the court may cause a jury to be impaneled from the jurors then in attendance on the court or, if the regular jurors have been discharged, may cause a sufficient number of jurors to be drawn to inquire into the insanity of the accused, and said inquiry shall be conducted in the presence and —confinement of, etc.under the direction of the court.
If the jury shall find the accused to be then insane (or if au accused person shall be acquitted by the jury solely on the ground of insanity) the court may certify the fact to the Secretary of the Interior, who may order such person to be confined in the hospital for the insane, and said person and his estate shall be —appeal.charged with the expenses of his support in the said hospital. The person whose sanity is in question shall be entitled to his bill of exceptions and an appeal, as in other cases.
Sec. 928. Becoming insane while undergoing sentence.Any person becoming insane while undergoing a sentence of any court of the District of Columbia for crime may, in like manner, be committed to said hospital for the insane, by order of the Secretary of the Interior, to receive the same treatment as other patients during the continuance of his disorder. Sec. 929. Restoration to sanity.Restoration to sanity.—When any person confined in the hospital for the insane, charged with crime and subject to be tried therefor or undergoing sentence therefor, shall be restored to sanity the superintendent of the hospital shall give notice thereof to the justice Holding the criminal court and deliver him to the court according to its proper precept.
Sec. 930. Extradition.Extradition.—In all eases, where the laws of the United States provide that fugitives from justice shall be delivered up, the chief justice of the supreme court of the District of Columbia shall cause to be apprehended and delivered up such fugitive from justice who shall be found within the District, in the same manner and under the same regulations as the executive authorities of the several States [R. S., secs. 5278, 5279 pp. 1022, 1023](/us/rs/s5278/5279/pp1022/1023).are required to do by the provisions of sections fifty-two hundred and seventy-eight and fifty-two hundred and seventy-nine, title sixty-six, of the Revised Statutes of the United States, “Extradition,” and all executive and judicial officers are required to obey the lawful precepts or other process issued for that purpose, and to aid and assist in such delivery.
Sec. 931. Associate justices may act, etc.Any associate justice of said court shall have like power, in case of the illness, absence, or other disability of the chief justice, or when any such application shall be certified to him by the chief justice. Sec. 932. Attorney for the District to be known as the city solicitor.Conduct of prosecutions, and so forth.—The attorney for the District of Columbia shall hereafter be known as the city solicitor. Prosecutions conducted by city solicitor.
Prosecutions for violations of all police or municipal ordinances or regulations and for violation of all penal statutes in the nature of police or municipal regulations, where the maximum punishment is a fine only, or imprisonment not exceeding one year, shall be conducted in the name of the District of Columbia and by the city solicitor or his 1341assistants. All other criminal prosecutions shall be conducted in the —by United States attorney.name of the United States and by the attorney for the United States for the District of Columbia or his assistants.
Sec. 933. If in any case any question shall arise as to whether under —where doubtful as to who shall conduct.the preceding section the prosecution should be conducted by the city solicitor or by the attorney of the United States for the District of Columbia, the presiding justice shall forthwith, either of his own motion or upon suggestion of the city solicitor or the attorney of the United States, certify the case to the court of appeals of the District of Columbia, which court shall hear and determine the question in a summary way.
In every such case the defendant or defendants shall have the right to be heard in the court of appeals. The decision of such court shall be final. Sec. 934. Place of imprisonment.—When any person shall be Place of imprisonment.sentenced to imprisonment for a term not exceeding six months the court may direct that such imprisonment shall be either in the workhouse or in the jail. When any person is sentenced for a term longer than six months and not longer than one year such imprisonment shall be in the jail, and where the sentence is imprisonment for more than one year it shall be in the penitentiary.
Cumulative sentences aggregating more than one year shall be deemed one sentence for the purposes of the foregoing provision. When the punishment of an offense Prosecution, etc.may be imprisonment for more than one year the prosecution shall be in the supreme court of the District. When the maximum punishment is imprisonment for one year or less the prosecution may be in the police court. Sec. 935. Appeals by United States and District of Columbia.—Government allowed same right of appeal as defendant.In all criminal prosecutions the United States or the District of Columbia, as the case may be, shall have the same right of appeal that is given to the defendant, including the right to a bill of exceptions: *Provided*, That if on such appeal it shall be found that there was error *Proviso*.—verdict for defendant not to be set aside, etc.in the rulings of the court during the trial, a verdict in favor of the defendant shall not be set aside.
Sec. 936. Commutation of fine.—In all cases in the District of Commutation of fine.Columbia where a defendant is sent to jail or to the workhouse in default of the payment of a fine he shall be released upon the payment of the balance of the fine due by him after crediting thereon as paid an amount equal to the proportion the time thus served by him in the jail or workhouse bears to the whole time he was to serve under the sentence. Sec. 937. Deduction for good conduct.—All persons sentenced Deduction for good conduct.to and imprisoned in the jail or in the workhouse of the District of Columbia, and confined there for a term of one month or longer, who conduct themselves so that no charge of misconduct shall be sustained against them, shall have a deduction of five days in each month made from the term of their sentence and shall be entitled to their discharge so much the earlier upon the certificate of the warden of the jail for those confined in the jail and the certificate of the intendant of the Washington Asylum for those confined in the workhouse of their good conduct during their imprisonment (with the approval of the judge making the commitment); and it shall be the duty of said judge to write or cause, to be written in the docket of his court, across the face of the commitment of the person to be so discharged, the following words:
“Discharged by order of the court (giving date) on account of good conduct during imprisonment.” Sec. 938. Bail.—Whenever a person charged with crime is held to Bail.bail the court shall have power to allow a deposit with the clerk of such court of money in the amount of the bail instead of requiring a bond or recognizance, and in case of default to declare such deposit forfeited to the United States or the District of Columbia as the case may be. 1342 Sec. 939. Failure to take action an abandonment of prosecution.Abandonment of prosecution.—If any person charged with a criminal offense shall have been committed or held to bail to await the action of the grand jury, and within nine months thereafter the grand jury shall not have taken action on the case, either by ignoring the charge or by returning an indictment into the proper court, the prosecution of such charge shall be deemed to have been abandoned and the accused shall be set free or his bail discharged, as the case may *Proviso*.—enlargement of time.be: *Provided, however*, That the supreme court of the District of Columbia holding a special term as a criminal court, or, in vacation, any justice of said court, upon good cause shown in writing, and, when practicable, upon due notice to the accused, may from time to time enlarge the time for the taking action in such case by the grand jury.
Chapter Twenty-One. Descents. DESCENTS. Sec. 940. Children.Children.—On the death of any person seized of an estate in fee simple in lands, tenements, or hereditaments in the District of Columbia, and intestate thereof, the same shall descend in fee simple to such person’s kindred in the following order, namely: First. To his child or children and their descendants, if any, equally. Sec. 941. Estate descended from father.Estate descended from father.—If there be no child or descendant of a child, and the estate descended to the intestate on the part of the father, then to the brothers and sisters of the intestate, of the blood of the father, and their descendants equally.
Sec. 942. If there be no brother or sister, as aforesaid, or descendant from a brother or sister, then to the grandfather on the part of the father; and if no such grandfather living, then to the descendants of such grandfather and their descendants in equal degree equally; and if no descendant of such grandfather, then to the father of such grandfather, and if none such living, then to the descendants of such father in equal degree; and so on, passing to the next lineal male paternal ancestor, and if none such, to his descendants in equal degree equally, without end.
Sec. 943. If there be no paternal ancestor or descendant from such ancestor, then to the mother of the intestate, and if no mother living, then to her descendants in equal degree equally. Sec. 944. If there be no mother living, or descendants from such mother, then to the maternal ancestors and their descendants, in the same manner as is above directed as to the paternal ancestors and their descendants. Sec. 945. Estate descended from mother.Estate descended from mother.—If the estate descended to the intestate on the part of the mother, and said intestate shall leave no child or descendant of a child surviving him, then the estate shall go to his brothers and sisters, of the blood of the mother, and their descendants in equal degree equally.
Sec. 946. If there be no such brother or sister or descendant of such brother or sister, then to the grandfather on the part of the mother, and if no such grandfather living, then to his descendants in equal degree equally; it no such descendant of such grandfather, then to the father of such grandfather, and if none such living, then to his descendants in equal degree; and so on, passing to the next male maternal ancestor, and, if none such living, to his descendants in equal degree equally.
Sec. 947. If there be no such maternal ancestor or descendant from such maternal ancestor, then to the father, and if no father living, then to his descendants in equal degree equally; and if no father or descendant from the father, then to the paternal ancestors and their descendants, in the same manner as hereinbefore directed as to the maternal ancestors. 1343 Sec. 948. Estate acquired by purchase.—If the estate was acquired Estate acquired by purchase.by the intestate by purchase, or descended to or vested in him in any other manner than as hereinbefore mentioned, and there be no child or descendant of a child of such intestate, then the estate shall descend to his brothers and sisters of the whole blood and their descendants in equal degree equally.
Sec. 949. Half-blood brothers and sisters.—If there be no Half-blood brothers and sisters.brother or sister of the whole blood, or descendant of such brother or sister, then to the brothers and sisters of the half blood and their descendants in equal degree equally. Sec. 950. Paternal and maternal ancestors alternately.—If Paterna1 and maternal ancestors alternately.there be no brother or sister of the whole or the half blood, or any descendant from such, then to the father, and if no father living, then to the mother, and if no mother living, then to the grandfather on the part of the father, and if no such grandfather living, then to the descendants of such grandfather in equal degree equally, and if no such grandfather or any descendant from him, then to the grandfather on the part of the mother, and if no such grandfather, then to his descendants in equal degree equally; and so on without end, alternating the next male paternal ancestor and his descendants, and the next male maternal ancestor and his descendants, and giving preference to the paternal ancestor and his descendants.
Sec. 951. Husband and wife.—If there be no descendants or kindred Husband and wife.of the intestate, as aforesaid, to take the estate, then the same shall go to the husband or wife, if any, as the case may be; and if the husband or wife be dead, then to his or her kindred, in the like course as if such husband or wife had survived the intestate and had then died entitled to the estate by purchase; and if the intestate has had more husbands or wives than one, and all shall have died before such intestate, then the estate shall be equally divided among the kindred of the several husbands or wives in equal degree equally.
Sec. 952. Trust estates.—Whenever a trustee is seized of the Trust estates.naked legal estate in any lands, tenements, or hereditaments in fee simple, and shall die intestate thereof, the said legal estate shall be deemed to have descended to such person or persons as would inherit the beneficial estate if the same were vested in him according to the provisions aforesaid. Sec. 953. Heir must be such at time of death of ancestor.—Heir must be such time of death of ancestor.No right in the inheritance shall accrue to or vest in any person other than the children of the intestate and their descendants, unless such person is in being and capable in law to take as heir at the time of the intestate’s death; but any child or descendant of the intestate born after the death of the intestate shall have the same right of inheritance as if born before his death.
Sec. 954. When whole and half blood take equally—There When whole and half blood take equally.shall be no distinction between brothers and sisters of the whole and of the half blood, all being descendants of the same father, where the estate descended on the part of the father, nor between the brothers and sisters of the whole and the half blood, all being descendants of the same mother, where the estate descended on the part of the mother. Sec. 955. Representation.—If in the descending or collateral line Representation.any father or mother shall be dead, leaving a child or children, such child or children shall, by representation, be considered in the same degree as the father or mother would have been if living, and shall have the same share of the estate as the father or mother if living would have been entitled to, and no more; and in such case, when there are more children than one, the share aforesaid shall be equally divided among such children.
Sec. 956. Coparcenary.—There shall be no estate in coparcenary Coparcenary.in the District, and where two or more persons inherit from an intes-1344tate by virtue of the provisions aforesaid they shall be tenants in common. Sec. 957. Antenuptial children.Antenuptial children.—If any man shall have a child or children by any woman whom he shall afterwards marry, such child or children, if acknowledged by the man, shall, in virtue of such marriage and acknowledgment, be legitimated and capable in law of inheriting and transmitting heritable property as if born in wedlock.
Sec. 958. Illegitimate children.Illegitimate children.—The illegitimate child or children of any female and the issue of such illegitimate child or children shall be capable in law of taking real estate by inheritance from their mother, or from each other, or from the descendants of each other, as the ease may be; and where such 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 heir to the real estate of such illegitimate child or children, and if the mother be dead, the heirs of the mother shall take in like manner as if such illegitimate child or children had been born in lawful wedlock.
Sec. 959. Advancement to be brought into hotchpot.Advancements.—Any child or children of an intestate, or their issue, who may have received from the intestate any real estate by way of advancement may elect to come into partition with his other heirs on bringing such advancement, or the value thereof at the time such advancement was received, into hotchpot with the estate descended; but such child or children, or their issue, shall not be entitled to claim a share by descent without bringing such advancement, or the value thereof as aforesaid, into the common stock or hotchpot, if there be *Proviso*.Where personalty treated as real estate.another child or children unprovided for: *Provided*, That if any child or children or descendant shall have been advanced by the intestate by settlement or portion of personalty, which shall not be equalized under the provisions of section three hundred and seventy-nine of this code, such advance shall be treated as real estate for the purposes of this section.
Sec. 960. Alien ancestors.Alien ancestors.—In making title by descent it shall be no bar to a party claiming as heir that any ancestor, whether living or dead, through whom he derives his descent from the intestate is or has been an alien. Sec. 961. Party committing murder or man slaughter takes no interest in estate of deceased.Party committing murder or manslaughter takes no interest in estate of deceased.—No person who shall be convicted of the felonious homicide of another, either by way of murder or manslaughter, shall take any estate or interest of any kind whatsoever in any kind of property whatsoever from that other by way of inheritance, distribution, devise, or bequest, or shall take any remainder, reversion, or executory interest dependent upon the death of that other; and the estate or interest or property to which the person so convicted would have succeeded or would have taken in any way from or after the death of the person so killed by him shall go as if the person so convicted had died before the person whom he shall be convicted of killing.
And every policy of insurance procured, directly or indirectly, by the person so convicted for his own benefit or payable to him upon the life of the person so killed shall be void. This act shall not affect the rights of bona tide purchasers of any such property for value without notice. Sec. 962. When lands escheat.When lands escheat.—Any lands within the District of Columbia of which any person has died or shall hereafter die seized in fee simple, without any heir of the whole blood who could have inherited if he had been a citizen of the United States, or without leaving any relation of the half blood within two degrees, that is, first cousins as the same are reckoned by the common Jaw, shall escheat to the United States. 1345 Chapter Twenty-Two.
DIVORCE. Divorce. Sec. 963. Petition.—All applications for divorce or for a decree Petition.annulling a marriage shall be made by petition to the supreme court of the District, and the proceedings thereupon shall be the same as in equity causes, except so far as otherwise herein provided. Sec. 964. Proof required.—No decree for a divorce, or decree Proof required.annulling a marriage, shall be rendered on default, without proof; nor shall any admission contained in the answer of the defendant be taken as proof of the facts charged as the ground of the application, but the same shall, in all cases, be proved by other evidence.
Sec. 965. Decree annulling marriage.—A decree annulling the Decree annulling marriage.marriage as illegal and void may be rendered on any of the grounds mentioned in chapter forty-three as invalidating a marriage. Sec. 966. Causes for divorce a vinculo and for divorce a mensa et thoro.—Adultery only a cause for divorce a vinculo.A divorce from the bond of marriage may be granted only where one of the parties has committed adultery during the marriage: *Provided*, That in such ease the innocent party only —Innocent party may remarry.—divorced parties may remarry each other.may remarry, but nothing herein contained shall prevent the remarriage of the divorced parties to each other: *And provided*, That legal separation from bed and board may be granted for drunkenness, cruelty, or desertion: *And provided*, That marriage contracts may be declared Avoidance of marriage contracts.void in the following cases:
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.
Sec. 967. Foregoing section not retroactive.—The provisions —existing marriages etc., unaffected.of this Act shall not invalidate any marriage heretofore solemnized according to law, or affect the validity of any decree or judgment of divorce heretofore pronounced. Sec. 968. In suits for divorce a vinculo divorce a mensa et In suits for divorce a vinculo divorce a mensa et thoro may be decreed.thoro may be decreed.—Where a divorce from the bond of marriage is prayed for the court shall have authority to decree a divorce from bed and board if the causes proved be sufficient to entitle the party to such relief only.
Sec. 969. Revocation of divorce a mensa et thoro.—In all cases Revocation of divorce a mensa et thoro.where a divorce from bed and board is decreed it may at any time thereafter be revoked by the court upon the joint application of the parties to be discharged from the operation of the decree. Sec. 970. Causes arising after divorce a mensa et thoro.—Causes arising after divorce a mensa et thoro.Where a divorce from bed and board has been decreed the court may afterwards decree an absolute divorce between the parties for any cause arising since the first decree and sufficient to entitle the complaining party to such decree.
Sec. 971. Only residents divorced.—No decree of nullity of marriage Only residents divorced.or divorce shall be rendered in favor of anyone not a resident of the District of Columbia, and no divorce shall be decreed in favor of any person who has not been a bona fide resident of said District for at least three years next before the application therefor for any cause 1346which shall have occurred out of said District and prior to residence therein. Sec. 972. Issue of a marriage annulled.Issue of a marriage annulled.—In case any marriage shall be declared by decree to have been void on account of either party having a former wife or husband living, if it shall appear that said marriage was contracted in good faith by the other party and in ignorance of said obstacle to the marriage, that fact shall be found and declared by the decree, and in such ease the issue of said marriage shall be deemed to be the legitimate issue of the parent who was capable of contracting.
Sec. 973. Issue of a lunatic’s marriage.Issue of a lunatic’s marriage.—Where a marriage is declared null and void on account of the idiocy or lunacy of either party at the time of the marriage the issue of the marriage shall be deemed legitimate. Sec. 974. Legitimacy of issue of a marriage dissolved.Legitimacy of issue of a marriage dissolved.—A divorce for any of the causes herein provided for shall not affect the legitimacy of the issue of the marriage dissolved by such divorce, but the legitimacy of such issue, if questioned, shall be tried and determined according to the course of the common law.
Sec. 975. Alimony pendente lite.Alimony pendente lite.—During the pendency of a suit for divorce, or a suit by the husband to declare the marriage null and void, where the nullity is denied by the wife, the court shall have power to require the husband to pay alimony to the wife for the maintenance of herself and their minor children committed to her care, and suit money, including counsel fees, to enable her to conduct her case, whether she be plaintiff or defendant, and to enforce obedience to any order in regard thereto by attachment and imprisonment for disobedience.
The court may also enjoin any disposition of the husband’s property to avoid the collection of said allowances, and may, in case of the husband’s failure or refusal to pay such alimony and suit money, sequestrate his property and apply the income thereof to such objects. The court may also determine whether the husband or wife shall have the care and custody of infant children pending the proceedings. Sec. 976. Permanent alimonyPermanent alimony.—When a divorce is granted to the wife, the court shall have authority to decree her permanent alimony sufficient for her support and that of any minor children whom the court may assign to her care, and to secure and enforce the payment of said alimony in the manner before mentioned, and may, if it shall seem the retain to the wife her right of dower in the husband’s estate.
Sec. 977. Where application made by husband.If the divorce is granted on the application of the husband, the court may, nevertheless, require him to pay alimony to the wife, if it shall seem just and proper; but in such case the husband may appeal. Sec. 978. Case open for future orders as to alimony.After a decree of divorce in any case granting alimony and providing for the care and custody of children, the case shall still be considered open for any future orders in those respects.
Sec. 979. Maiden name of wife restored.Maiden name of wife restored.—In granting a divorce from the bond of marriage the court may restore to the wife her maiden or other previous name. Sec. 980. Maintenance of wife.Maintenance of wife.—Whenever any husband shall fail or refuse to maintain his wife and minor children, if any, although able so to do the court, on application of the wife, may decree that he shall pay her, periodically, such sums as would be allowed to her as permanent alimony in case of divorce for the maintenance of herself and the minor children committed to her care by the court, and the payment thereof may be enforced in the same manner as directed in regard to such permanent alimony.
Sec. 981. Suit to declare a marriage valid.Suit to declare a marriage valid.—When the validity of any alleged marriage shall be denied by either of the parties thereto the other party may institute a suit for affirming the marriage, and 1347upon due proof of the validity thereof it shall be decreed to be valid, and such decree shall be conclusive upon all parties concerned. Sec. 982. Court to assign attorney in uncontested cases.—In Court to assign attorney in uncontested cases.all uncontested divorce cases, and in any other divorce case where the court may deem it necessary or proper, a disinterested attorney shall be assigned by the court to enter his appearance for the defendant and actively defend the cause, and such attorney shall receive such compensation for his services as the court may determine to be proper, such compensation to be paid by the parties as the court may direct.
Sec. 983. Correspondents.—In all divorce cases where adultery is Corespondents.charged the person or persons with whom the adultery is charged to have been committed shall be made defendant or defendants and brought in by personal service of process or by publication as in other cases. Chapter Twenty-Three. EJECTMENT. Ejectment. Sec. 981. Parties.—Every action of ejectment shall be brought Parties.in the name of the real claimant and may be brought against the person actually occupying the premises claimed, either in person or by tenant, or, if they be not actually occupied, against some person exercising acts of ownership thereon adversely to the plaintiff.
If a lessee be made a defendant at the suit of a party claiming against the title of his landlord such landlord may appear and be made a party defendant in the place of his lessee. And any person claiming to be in possession may, on motion, be admitted to defend the action. Sec. 985. Form of declaration.—The plaintiff in his declaration Form of declaration.must describe the premises claimed with reasonable certainty, and set forth distinctly the nature and quantity of the estate claimed by him in the same, and it shall be, sufficient for him to state in addition thereto that the plaintiff was possessed of the premises, and while he was so possessed the defendant entered wrongfully into possession of the same and withholds the possession thereof from the plaintiff, or wrongfully detains such possession, or that the defendant is wrongfully exercising acts of ownership thereon.
Such acts of ownership, however, unaccompanied with possession shall not, except as hereinafter provided, be held to amount to an adversary possession, so as to make it necessary for the plaintiff to sue in order to avoid the bar of the statute of limitations. Sec. 986. Counts.—The declaration may contain several counts and Counts.several parties may be named as plaintiffs, jointly in one count and separately in others. Sec. 987. Pleading.—The defendant may demur or may plead the Pleading.general issue of “not guilty,” which shall put in issue the plaintiff’s title and right to the possession and under which all matters of defense may be given in evidence.
Sec. 988. Evidence.—It shall be sufficient to entitle the plaintiff to Evidence.a verdict to show that he is entitled, as against the defendant, to the immediate possession of the premises claimed and that the defendant is in possession thereof, holding adversely to the plaintiff, or is exercising acts of ownership over the same adversely to the plaintiff; except that in an action by one or more joint tenants or tenants in common against their cotenants, the plaintiffs shall he required to prove an actual ouster or some other act amounting to a denial of the plaintiff’s title and his exclusion from the enjoyment of the property.
Sec. 989. Outstanding legal title.—It shall be no bar to the Outstanding legal title.plaintiff’s recovery that the legal title to the property claimed is outstanding in another as mortgagee or trustee, if the mortgage or deed of trust has been satisfied and the plaintiff would be entitled to an 1348unconditional decree for the release or reconveyance of the property to him, nor shall the mortgagee or trustee in such case be entitled to maintain an action of ejectment against the party so entitled.
Sec. 990. Where vendee entitled to equitable decree of conveyance, etc.Where real property has been sold under a written contract executed by the vendor, and there has been such a performance of its terms by the vendee as would entitle him to a decree in equity for a conveyance of the legal title, without condition, such vendor shall not be entitled at law, any more than in equity, to recover said property from the vendee. Sec. 991. Mortgagor.Mortgagor.—Wherever, by the terms of a mortgage or deed of trust, the debtor is entitled to retain possession of the property conveyed until default in the payment of the debts secured, said mortgage or deed of trust shall be no bar to the recovery of possession of the property in ejectment, before such default, by the mortgagor or grantor, against either the mortgagee or trustee or a stranger.
Sec. 992. Several judgments against defendants.Several judgments against defendants.—If it appears on the trial that some of the defendants occupy distinct parcels of the property claimed, in severalty, the plaintiff, if entitled to recover, may have several judgments against the respective parties, according to the proof of occupancy. Sec. 993. Recovery of less than is claimed.Recovery of less than is claimed.—The plaintiff, under a claim to certain described premises, may recover less than the whole property claimed, and, under a claim to an entire property, may recover an undivided part thereof.
Sec. 994. Joint tenants and tenants in common.Joint tenants and tenants in common.—Joint tenants must sue jointly in ejectment, but tenants in common may sue either jointly or separately, and any numbers of tenants in common, less than the whole number entitled, may sue jointly in reference to their undivided interests. Sec. 995. Mesne profits and damages.Mesne profits and damages.—The plaintiff may embody in his declaration, in a separate count, a claim for the mesne profits received by the defendant from the property sued for or for the clear value of the use and occupation thereof to the defendant during his occupation thereof, and during the plaintiff’s ownership thereof, within a period commencing three years before the commencement of the suit and extending to the time of the verdict, and also damages for waste or injury to the premises during said period; and if the jury find for the plaintiff they may, at the same time, find and assess the said mesne profits, or the value of said use and occupation and the amount of said damages and, besides a judgment for the recovery of the property, there shall be rendered a judgment against the defendant for the amount so found by the jury, except in the case provided for in section ten hundred and three hereafter.
Sec. 996. Landlord and tenant.—action by landlord; what may be embodied in declaration.Landlord and tenant.—If the action be by a landlord against his tenant, the plaintiff may embody in his declaration, in separate counts, a claim for furniture if leased with the realty, for arrears of rent due at the termination of the tenancy, a claim for double rent in cases authorized by this code from the termination of the tenancy to the verdict for possession, and a claim for damages for waste or injury to the premises or furniture during the defendant’s occupancy of the same and before the commencement of the suit; and if the jury find for the plaintiff, they may at the same time find the amounts due for arrears of rent and for double rent and for damages as aforesaid, and judgment shall be rendered accordingly.
Sec. 997. Plaintiff may sue separately for rent or damages.Plaintiff may sue separately for rent or damages.—The plaintiff in ejectment shall not he bound to join his claim for rent or damages with his claim for the recovery of the land, and his omission to do so shall not prevent him from suing for the same separately. 1349 Sec. 998. Expiration of title pending suit.—If the title of the Expiration of title pending suit.plaintiff in ejectment shall expire after the commencement of the suit but before the trial, and but for said expiration he would have been entitled to recover, the verdict shall find such facts, and the plaintiff shall be entitled to recover his damages sustained by the wrongful withholding of the possession.
Sec. 999. Adverse possession.—In an action to recover vacant and Adverse possessionunimproved lots of ground it shall not be necessary, in order to maintain the defense of adversary possession, to show that the premises in controversy had been inclosed; but if it appear that the property had been assessed for taxation to the defendant, or those under whom he claims, and that he or they had regularly paid the taxes on the same and were the only persons who had exercised control over the same for a period of fifteen years before the bringing of the action, such facts shall be the equivalent of possession by actual inclosure.
Sec. 1000. Verdict.—If the plaintiff’s title be established by proof, Verdict for plaintiffthe verdict of the jury shall be generally for the plaintiff as to the whole or part of the property claimed in the declaration, as the case may be; if, on the contrary, the plaintiff fail to make satisfactory —for defendant, etc.proof of title, the verdict shall be for the defendant as to the whole or part of the property, as the case may be, and it may be for the plaintiff as to part and for the defendant as to other part thereof, and judgment shall be rendered according to the verdict, except as hereinafter provided.
Sec. 1001. If it appear on the trial that the defendant did not wrongfully enter into possession of the property sued for, or exercise acts of ownership over the same adversely to the plaintiff, as aforesaid, the verdict of the jury shall be that the defendant is not guilty, and thereupon judgment shall be rendered in favor of the defendant against the plaintiff for the costs of the action, but such judgment shall not be a bar to a future action by the plaintiff against the defendant for the recovery of the property.
Sec. 1002. Judgment.—Any final judgment rendered in an action Judgmentof ejectment shall be conclusive as to the title thereby established as between the parties to the action and all persons claiming under them since the commencement of the action. Sec. 1003. Improvements.—If at any time before the trial the defendant Improvements.shall give notice that if the verdict of the jury shall be in favor of the plaintiff’s title the defendant will claim the benefit of permanent improvements that may have been placed on the property by the defendant or those under whom he claims, and shall offer evidence at the trial tending to show that he or those under whom he claims had peaceably entered into possession of the premises in controversy under a title which he or they had reason to believe and did believe to be good, and had erected valuable and permanent improvements on said property, which were begun in good faith before the commencement of the suit, the jury shall be directed, in ease they find in favor of the plaintiff’s title and also find that such permanent improvements were made by the defendant, or those under whom he claims under the circumstances aforesaid, to assess— 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. 1350 Third.
The present value to the defendant of the property of the plaintiff without and exclusive of the said improvements. Sec. 1004. —jury may view premises, etc.In addition to evidence offered at the trial as to said values, the jury may be directed to view the premises, and their said assessments shall be returned with their verdict and recorded with the —appeal.same. If either party shall feel aggrieved by said assessment he may, within three days after the verdict, move to set the assessment aside, and the court may, for good cause shown, set the same aside and order another jury to be impaneled in the cause to make a new assessment.
Sec. 1005. —where damages exceed value of improvements.If the damages of the plaintiff, assessed as aforesaid, shall exceed the value of said permanent improvements as ascertained by the jury, the plaintiff shall be entitled to a judgment for the excess in like manner as directed insection nine hundred and ninety-five aforesaid. Sec. 1006. —equal.If the value of said improvements, so ascertained, shall equal but not exceed the plaintiff’s damages, as found by the jury, the plaintiff shall only be entitled to judgment for the recovery of the property sued for and costs.
Sec. 1007. —election of plaintiff.Election of plaintiff.—If the value of said improvements shall be found by the jury to exceed the damages of the plaintiff, the plaintiff may elect either to pay to the defendant the amount of said excess or to demand of the defendant the value of the plaintiff’s property, without the improvements, as fixed by the jury, and tender to the defendant a deed for said property, with all the plaintiff’s right, title, and interest in the same. Sec. 1008.
Payment for improvements.Payment for improvements.—If the said plaintiff shall pay to the defendant, within the time fixed therefor by the court, or, in case of his refusal to accept the same, shall pay into court for his use the amount of such excess of the value of said improvements over the damages of the plaintiff, the plaintiff shall be entitled forthwith to a judgment and writ of possession. Sec. 1009. Tender of deed by plaintiff.Tender of deed by plaintiff.—If the plaintiff shall tender a deed as aforesaid to the defendant and demand the value of his property without the said improvements, as found by the jury, and the defendant shall fail or refuse to pay the same within the time fixed therefor by the court, the plaintiff shall, in like manner, be entitled to a judgment and writ of possession; and in case the plaintiff shall be a minor, the court may authorize said deed to be executed by his guardian.
Sec. 1010. Judgment for defendant.Judgment for defendant.—If the plaintiff shall fail or refuse either to pay the defendant the excess of the value of the improvements over the amount of the plaintiff’s damages, or to tender a deed to the defendant, as aforesaid, and accept from him the value of the plaintiff’s property, exclusive of the improvements, as aforesaid, the defendant may pay said value into court for the use of the plaintiff, and thereupon the defendant shall be entitled to a judgment in his favor, but without costs, which judgment shall be a bar to any future action by the plaintiff against the defendant to recover said property for cause theretofore existing.
Chapter Twenty-Four. Subchapter One. Estates. ESTATES. Sec. 1011. What estates in District.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.Fee simple estates.—All estates of inheritance, including such as were formerly estates tail, shall be adjudged estates in fee simple. 1351 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 1352contingency which must happen, if at all, within the period herein prescribed.
Sec. 1026. Alternative future estates.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.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 chi1dren.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.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 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.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.Estates for years.—An estate for a determinate period of time is an estate for years. Sec. 1033. Estates from year to year.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.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, etc.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.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. 1353 Subchapter Two.
POWERS. Powers. 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.
First. Where the persons or class of persons to whom the disposition of the lands under the power is to be made are designated. Second. Where the power authorizes the alienation, by means of a conveyance, will, or charge, of a particular estate or interest less than a fee. 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.—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.—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.—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.—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.—Special powers in trust.A special power is in trust— First. When the disposition which it authorizes is limited to be made to any person or class of persons other than the grantee of such power. Second. When any person or class of persons other than the grantee 1354is designated as entitled to any benefit from the disposition or change authorized by the power. Sec. 1049. Trust powers imperative.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.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 no specifications as to shares, etc.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.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.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. Chapter Twenty-Five. Evidence. EVIDENCE. Sec. 1056. Oath.Oath.—All evidence shall be given under oath according to the forms of the common law, except that where a witness has conscientious scruples against taking an oath, he may, in lieu thereof, solemnly, sincerely, and truly declare and affirm; and wherever herein any application, statement, or declaration is required to be supported or verified by an oath it is to be understood that such affirmation is the equivalent of an oath.
Sec. 1057. Perjury.Perjury.—A person swearing, affirming, or declaring, or giving testimony in any form where an oath is authorized by law, is lawfully sworn, and will be guilty of perjury in a case where he would be guilty of said crime if sworn according to the forms of the common law. Sec. 1058. Testimony de bene esse.Testimony de bene esse.—The testimony of any witness may be taken in any civil cause depending in any court of the District of Columbia, whether the cause be at issue or not, by deposition de bene esse, under any of the following conditions:
First. —when may be taken.Where the witness lives at a greater distance than one hundred miles from the place of trial. 1355 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. The deposition may be taken before any judge of any court of the —before whom.United States: before any commissioner or clerk of any court of the United States, or any examiner in chancery of any court of the United States; before any chancellor, justice, or judge or clerk of any court of any State or Territory or other place under the sovereignty of the United States, or any notary public or justice of the peace within any place under the sovereignty of the United States: *Provided*, That no *Proviso*.—interested persons barred.such person shall be eligible to take such deposition who is counsel or attorney for any party to the cause or who is in any wise interested in the event of the cause.
Before proceeding to take the deposition reasonable written notice Notice.of the time, place, names, and addresses of the witnesses shall be given by the party or his attorney proposing to take the deposition to the attorney of record, if there be one of the adverse party, and if not, to the party himself, which notice shall be at least twenty days more than the time necessary to reach the place of taking such deposition, and shall specify the name or names of the witnesses, the time and place of taking the same, and the name and official character of the person before whom the same is to be taken ; but it shall not be lawful to require the adverse party to attend the taking of a deposition at more than one place on the same day.
In all cases in rem the person having the agency or possession of —to whom given in actions in rem.the property at the time of seizure shall be deemed the adverse party until a claim shall have been put in, when the claimant and the person having the agency or possession as aforesaid shall both be entitled to the notice. When by reason of absence of the party or his attorney of record, —where notice impracticable.or other cause, the giving of the notice herein required shall be impossible or impracticable, and there shall be urgent necessity for taking such deposition, the notice shall be given in such manner as a justice of the supreme court of the District of Columbia shall direct.
Summons to any witness to appear and testify shall be issued by the Summons.person or officer before whom the deposition is to be taken, and served by the marshal of the United States or his deputy within the place where the witness resides: and the witness may be compelled to appear and Compelling attendance.testify by the officer before whom the deposition is to be taken in the same manner as witnesses may be compelled to appear and testify in court; and for the purpose of executing the provisions of this section any of the persons authorized to take such depositions are hereby vested with all the power and authority for compelling the attendance of the witness and the giving of his testimony which by law or usage are vested in any of the judges of the courts of the United States, and shall be entitled, upon summary application, to the aid of the courts of the United States to compel such attendance and giving of testimony.
Every person deposing as herein provided shall first swear or solemnly Oath, etc.and truly affirm to tell the truth, the whole truth, and nothing but the truth in answer to such questions as are propounded to him by the parties or their counsel; and the adverse party or his counsel shall have the right to cross-examine such witness. The questions propounded to the witness and the answers of the How deposition may be taken, etc.witness thereto shall be taken down in writing; and the same may be 1356taken down stenographically by the officer taking the deposition or a competent and disinterested stenographer engaged by him, and afterwards transcribed into writing or typewriting, and, in the presence of the officer taking the deposition, read over to the witness, and signed by him.
If the witness be unable to write or refuse to sign the deposition the officer taking the same shall certify the fact and the reason, if any, assigned by the witness. —to be sealed; cost of, etc. The deposition of the witness or witnesses, together with the certificate of the officer taking the same, shall be by said officer sealed up and indorsed with the title of the cause in which the deposition is taken, and the cost of taking the same and by whom paid, and by him transmitted to the court in the District of Columbia in which the cause is pending, and by him deposited, postage prepaid, in the United States mail. —not to be used if witness can be produced.
If at the time of trial, the witness can be produced to testify in open court the deposition shall not be read in evidence; but if the attendance of the witness can not be produced then the said deposition shall be admissible in evidence, subject to such objections to the questions and answers as were noted at the time of taking the deposition, or within ten days after the return thereof, and would be valid were the witness personally present in court. Granting dedimus potestatem and in perpetuam rei memoriam.
In any case where the interests of justice may require the supreme court of the District of Columbia may grant a dedimus potestatem to take depositions according to common usage, and may, according to the usages of chancery, direct depositions to be taken in perpetuam rei memoriam if they relate to any matters that might be cognizable in any court of the United States. Foreign depositions, letters rogatory, etc. When the testimony of any witness residing in any place not within the sovereignty of the United States is desired in any cause pending in any court of the District of Columbia, the same may be taken upon interrogatories and cross-interrogatories tiled in the said court, and transmitted by said court under letters rogatory, addressed to some court of record in the foreign State in which said witness is then to be found.
Sec. 1059. Witnesses not to attend out of country, etc.No witness shall be required, under the provisions of the preceding section, to attend at any place out of the county where he resides, nor more than forty miles from the place of his residence, to —tender of fees.give his deposition; nor shall any witness be deemed guilty of contempt for disobeying any subpoena directed to him by virtue of the said section, unless his fee for going to, returning from, and one day’s attendance at the place of examination are paid or tendered to him at the time of the service of the subpoena.
Sec. 1060. Commission to take depositions in common law actions.Commission to take depositions.—On motion made in any common law action in the District, by a party thereto, the court may order a commission to issue to such person or persons as the court may name to take the deposition of any witness residing or being out of the District on interrogatories and cross-interrogatories, to be filed and accompany such commission, as may be provided by the rules of the court, and said commission shall be executed, returned, and published *Proviso*.—not to be used if witness can be produced.according to the practice in courts of equity: *Provided*, That such depositions shall not be admitted at the trial of the action if, at the time, the witness be present in the District and his attendance can be obtained by the process of the court.
Sec. 1061. Testimony in equity eases.Testimony in equity causes.—In equity causes in the District the testimony of the witnesses may be taken in the manner provided by the rules of the Supreme Court of the United States for practice in equity, and of the supreme court of the District of Columbia *Proviso*.—when orally taken.not inconsistent therewith; *Provided*, The court may, in its discretion for proper cause shown, order the testimony to be taken orally in its presence or under a commission, according to the usages of chancery or before examiners, upon any reasonable notice as directed in 1357the preceding section, as the court may order and direct; and according —in perpetuam rei memoriam.to the same usages the court may, upon application by any party interested, direct depositions to be taken in perpetuam rei memoriam, in relation to matters that may be cognizable in the court.
Sec. 1062. Commissions from courts out of the District.—When Commissions from courts out of the District.a commission is issued by any court of the United States or of any State for taking the testimony of a witness named therein within the District of Columbia, the same proceedings shall be had in relation thereto as are directed by sections eight hundred and sixty-eight and eight hundred and sixty-nine of the Revised Statutes of the United States. Sec. 1063. Competency of witnesses.—Except as herein elsewhere Competency of witnesses.provided, no person shall be incompetent to testify in any civil action or proceeding by reason of his being a party thereto or interested in the result thereof; but, if otherwise competent to testify, he shall be competent to give evidence on his own behalf and competent and compellable to give evidence on behalf of any other party to such action or proceeding.
Sec. 1064. Testimony of surviving party.—If one of the original Testimony of surviving party.parties to a transaction or contract has, since the date thereof, died or become insane or otherwise incapable of testifying in relation thereto, the other party thereto shall not be allowed to testify as to any transaction with or declaration or admission of the said deceased or otherwise incapable party in any action between said other party or any person claiming under him and the executors, administrators, trustees, heirs, devisees, assignees, committee, or other person legally representing the deceased or otherwise incapable party, unless he be first called upon to testify in relation to said transaction or declaration or admission by the other party, or the opposite party first testify in relation to the same, or unless the transaction or contract was made or had with an agent of the said deceased or otherwise incapable party, and said agent testifies in relation thereto, or unless called to testify thereto by the court.
Sec. 1065. Testimony of deceased or insane party.—If a party, Testimony of deceased or insane party.after having testified at a time when he was competent to do so, shall die or become insane or otherwise incapable of testifying, his testimony may be given in evidence in a subsequent trial in relation to the same subject-matter between the same parties, or their legal representatives, as the case may be; and in such case the opposite party may testify in opposition thereto. Sec. 1066.
Partners.—Where any of the original parties to a contract Partners.or transaction which is the subject of investigation are partners or other joint contractors, or jointly entitled or liable, and some of them have died or otherwise become incapable of testifying, any others with whom the contract or transaction was personally made or had, or in whose presence or with whose privity it was made or had, or admissions in relation to the same were made, shall not, nor shall the adverse party, be incompetent to testify because some of the parties or joint contractors, or those jointly entitled or liable, have died or otherwise become incapable of testifying.
Sec. 1067. Conviction of crime.—No person shall be incompetent Conviction of crime not to incapacitate, etc.to testify, in either civil or criminal proceedings, by reason of his having been convicted of crime other than perjury, but such fact may be given in evidence to affect his credit as a witness, either upon the cross-examination of the witness or by evidence aliunde; and the party cross-examining him shall not be concluded by his answers as to such matters. In order to prove such conviction of crime it shall not be necessary to produce the whole record of the proceedings containing such conviction, but the certificate, under seal, of the clerk of the court wherein such proceedings were had, stating the fact of the conviction and for what cause, shall be sufficient. 1358 Sec. 1068.
Husband and wife.Husband and wife.—In both civil and criminal proceedings, husband and wife shall be competent but not compellable to testify for or against each other. Sec. 1069. Confidential communications.Confidential communications.—In neither civil nor criminal proceedings shall a husband or his wife be competent to testify as to any confidential communications made by one to the other during the marriage. Sec. 1070. Record debt, proof of.Record debt, proof of.—An exemplification of the record under the hand of the keeper of the same, and the seal of the court or office where such record may be made, shall be good and sufficient evidence to prove any record made or entered in any of the States or Territories of the United States; and the certificate of the party purporting to be the keeper of such record, accompanied by such seal, shall be prima facie evidence of that fact.
Sec. 1071. Record of deeds and wills.Record of deeds and mills.—The copy of the record of any deed or other instrument of writing, not of a testamentary character, where the laws of the State, Territory, or country where the same may be recorded require such record, and which has been recorded agreeably to such laws, and the copy of any will which such laws require to be admitted to probate and record, by judicial decree, and of the decree of the court admitting the same to probate and record, under the hand of the clerk or other keeper of such record and the seal of the court or office in which such record has been made, shall be good and sufficient prima facie evidence to prove the existence and contents of such deed, or Mill, or other instrument of writing, and that it Mas executed as it purports to have been.
Sec. 1072. Production of books and papers.Production of books and papers.—In an action at common law the court may, on motion, and on reasonable notice thereof, require the parties to produce books and writings in their possession or power, which contain evidence pertinent to the issue, in cases and under circumstances where they might heretofore have been compelled to produce the same by the ordinary rules of proceeding in chancery. Sec. 1073. Physicians, privileged communication to.Physicians, testimony of.—In the courts of the District of Columbia no physician or surgeon shall be permitted, without the consent of the person afflicted, or of his legal representatives, to disclose any information, confidential in its nature, which he shall have acquired in attending a patient in a professional capacity and which *Proviso*.—exception.was necessary to enable him to act in that capacity: *Provided*, That this section shall not apply to evidence in criminal cases where the accused is charged with causing the death of or inflicting injuries upon a human being, and the disclosure shall be required in the interests of public justice.
Chapter Twenty-Six. Execution. EXECUTION. Sec. 1074. When issued.When issued.—Where the right to issue an execution is not suspended by agreement or by an injunction or by an appeal operating as a supersedeas, a writ of execution may be issued immediately on the rendition of the judgment or at any time within three years thereafter; and where the right to issue the same is suspended by any of the causes aforesaid said writ may be issued within three years after the removal of the suspension, and every such writ shall be returnable on or before the sixtieth day after its date.
Sec. 1075. Alias writs.Alias writs.—If the execution be issued and returned unsatisfied, in whole or in part, within said period of three years, an alias writ may be issued at any time during the life of the judgment. Sec. 1076. Return.Return.—If the return shall be omitted to be made on or before the return day expressed in the writ it may nevertheless be made afterwards as of that date. 1359 Sec. 1077. Scire facias.—If said writ shall not be issued within the Scire facias.time allowed therefor, as aforesaid, it shall not be issued until a scire facias has been issued upon said judgment and a fiat has been rendered thereupon.
Said fiat shall be deemed a renewal of the judgment, and the same rule shall apply thereto in relation to the issuing of execution thereon as to the original judgment. Sec. 1078. Fiat.—At any time during the life of the original judgment Fiat.the plaintiff may elect, instead of issuing execution thereon within the time allowed therefor, to issue a scire facias on the same and obtain a new judgment as aforesaid. Sec. 1079. Lien of execution.—A writ of fieri facias issued upon Lien of execution.a judgment of the supreme court of the District shall be a lien from the time of its delivery to the marshal upon all the goods and chattels of the judgment defendant, except such as may be exempted from levy and sale by express provision of law.
Sec. 1080. Death of debtor.—The death of the judgment debtor Death of debtor.after the execution has been delivered to the marshal shall not affect his authority to proceed against the property bound by it. Sec. 1081. Judgment of justice of the peace.—An execution Judgment of justice of the peace.issued on a judgment of a justice of the peace shall not be a lien on the personal property of the judgment defendant except from the time when it is actually levied, and then it shall have priority over any execution issued out of said supreme court after said levy.
It shall not be levied on real estate. Sec. 1082. On what fieri facias may be levied.—The writ of On what fieri facias may be levied.fieri facias may be levied on all goods and chattels of the debtor not exempt as aforesaid, and upon gold and silver coin, bank notes or other money, bills, checks, promissory notes or bonds, or certificates of stock in corporations owned by said debtor, and upon money owned by him in the hands of the marshal or of a constable charged with the execution of such writ, and such fieri facias issued from said supreme court may be levied on all leasehold and freehold estates of the debtor in land.
Sec. 1083. Levy on money.—If the fieri facias is Levy on money.levied on money belonging to the judgment defendant the marshal shall not expose the same to sale, but shall account for it as money collected, but bills or other evidences of debt levied upon shall be sold as other personal property is sold, and the marshal is hereby authorized and empowered to indorse the same to pass title to the purchaser. Sec. 1084. Levy on chattels pledged.—The interest of the debtor Levy on chattels pledged.in personal chattels lawfully pledged for the payment of a debtor performance of a contract, or held by a trustee and in which the debtor’s interest is only equitable, may be levied upon in the hands of the pledgee or trustee without disturbing the possession of the latter, and the lien thus obtained may be enforced by proceedings in equity.
Sec. 1085. Appraisement.—All property levied upon, except money, Appraisement.shall be appraised by two sworn appraisers and sold at public auction for cash; personal property after ten days’ notice by advertisement, and leasehold and freehold estate in land after a twenty days’ previous notice by advertisement, containing a description sufficiently definite to be embodied in a conveyance of the title. Sec. 1086. Attachment, when issued.—An attachment may be Attachment, when issued.issued upon a judgment either before or after or at the same time with a fieri facias: *Provided*, That if costs are unnecessarily multiplied *Proviso*.—costs.thereby they shall be charged to the party causing the same to be issued.
Sec. 1087. Scire facias unnecessary.—The said attachment may Scire facias unnecessary.be issued at any time during the life of the judgment, without issuing a scire facias previously thereto. 1360 Sec. 1088. On what attachment may be levied.On what attachment may be levied.—An attachment may be levied upon the judgment debtor’s credits due him from third persons and upon his interest in letters patent for inventions issued by the United States. Sec. 1089. Interrogatories.Interrogatories.—In all cases of attachment the plaintiff may exhibit interrogatories in writing, in such form as may be allowed by the rules or special order of the court, to be served upon any garnishee concerning any property of the defendant in his possession or charge or any indebtedness of his to the defendant at the time of the service of the attachment or between the time of such service and the filing of his answers to said interrogatories; and the garnishee shall tile his answers, under oath, to such interrogatories within ten days after service of the same upon him.
In addition to the answers to written interrogatories required of him, the garnishee may, on motion, be required to appear in court and be examined orally, under oath, touching any property or credits of the defendant in his hands. Sec. 1090. How attachments levied.How attachments levied.—The attachment shall be levied upon credits of the defendant in the hands of a garnishee by serving him with a copy of the writ of attachment and of the interrogatories accompanying the same, and a notice that any property or credits of the defendant in his hands are seized by virtue of the attachment.
It may be levied upon debts due to the defendant upon any judgment or decree by a similar service upon the debtor owing the same. Sec. 1091. Money in hands of an officer.Money in hands of an officer.—The said attachment may be levied upon money or property of the defendant in the hands of the marshal or coroner, and shall bind the same from the time of service, and shall be a legal excuse to the officer for not paying or delivering the same as he would otherwise be bound to do.
Sec. 1092. How levied on patent rights.How levied on patent rights.—The said attachment may be levied upon any patent right of the defendant by the marshal by leaving a copy of the writ with the Commissioner of Patents, with a notice that he has seized said patent rights, and for what purpose, and he shall return a copy of said notice with the writ. The said notice shall thereupon be recorded in the record of assignments in the Patent Office. Sec. 1093. Preservation of property seized.Preservation of property seized.—The court may make all orders necessary for the preservation of the property attached, and if the same be perishable, or for other reasons a sale of the same shall be expedient, may order that the same be sold and the proceeds paid into court and held subject to its order.
Sec. 1094. Pleading to the attachment.Pleading to the attachment.—Any garnishee or stranger to the suit who may make claim to the property attached as hereinafter provided, may plead to the attachment, and such plea shall be considered as raising an issue without replication, and any issue of fact thereby made may be tried by the court or by a jury impaneled for the purpose, if either party desire it. Sec. 1095. Traversing garnishee’s answers.Traversing garnishee’s answers.—If any garnishee shall answer to interrogatories that he has no property or credits of the defendant or less than the amount of the plaintiff’s judgment, the plaintiff may traverse such answer as to the existence or amount of such property or credits, and the issue thereby made may be tried as provided in the last aforesaid section; and in such case, where judgment is rendered for the garnishee, the plaintiff shall be adjudged to pay to the garnishee, in addition to his taxed costs, a reasonable counsel fee; and if such issue be found for the plaintiff, judgment shall be rendered as if possession of the property or credits had been confessed by the garnishee.
Sec. 1096. Claims by third persons.Claims by third persons.—Any person may tile his petition in the cause, under oath, at any time before the final dispo-1361sition of the property attached or its proceeds, not being real estate, setting forth a claim thereto or an interest in or lien upon the same; and the court, without other pleadings, shall inquire into the claim, and, if either party request it, impanel a jury for the purpose, who shall be sworn to try the question involved as an issue between the claimant as plaintiff and the parties to the suit as defendants, and the court may make all such orders as may be necessary to protect any rights of the petitioner.
Sec. 1097. Judgment of condemnation of property.—Where the Judgment of condemnation of property.attachment has been levied upon specific property, on the return by the marshal judgment of condemnation of the same may be entered, and so much thereof as may be necessary to satisfy the plaintiff’s judgment may be sold under a fieri facias; or if said property shall have been sold under interlocutory order of the court, the proceeds, or so much thereof as may be necessary, shall be applied to the plaintiff’s claim by order of the court.
Sec. 1098. Judgment against garnishee.—If a garnishee shall have Judgment against garnishee.admitted credits in his hands, in answer to interrogatories served upon him, or the same shall have been found upon an issue made as aforesaid, judgment shall be entered against him for the amount of credits admitted or found as aforesaid, not exceeding the amount of the plaintiff’s judgment, and costs, and execution shall be had thereon not to exceed the credits in his hands; but if said credits shall not be immediately due and payable, execution shall be stayed until the same shall become due; and if the garnishee shall have failed to answer the interrogatories served on him, or to appear and show cause why a judgment of condemnation should not be entered, such judgment shall be entered against him for the whole amount of the plaintiff’s judgment and costs, and execution shall be had thereon.
Sec. 1099. Condemnation and sale of patent rights.—If the Condemnation and sale of patent rights.property attached be a patent right, on the marshal’s return judgment of condemnation of the said property shall be entered and the marshal shall sell the same under fieri facias at public auction in the same manner as real estate. Any patent right condemned and sold as aforesaid shall be assigned by the marshal to the purchaser in the same manner in which such assignments are made by private persons, and his said assignment may be recorded in the proper book or record of assignment in the Patent Office.
Sec. 1100. Delivery of possession of property sold.—When real Delivery of possession of property sold.estate is sold by virtue of any execution, and the judgment defendant or any person claiming under him since the rendition of the judgment is in actual possession of the property and refuses to deliver possession thereof to the purchaser upon demand made therefor, it shall be lawful for the court, on the application of the purchaser, to require the person so in possession to show cause why possession should not be delivered according to said demand, and, if no good cause be shown, to issue a writ of habere facias possessionem, requiring the marshal to put the purchaser in possession.
If the party in possession shall allege under oath a title derived from the judgment debtor prior to the judgment or a title superior to that of the defendant, said writ shall not issue, but the purchaser may have his remedy by an action of ejectment or the summary remedy before a justice of the peace as herein provided in subchapter one of chapter one. Sec. 1101. Change of marshal.—If the marshal die, be removed Change of marshalfrom office, or become otherwise disqualified from executing a writ of execution received by him, the same may be executed and returned by his deputy or successor in office.
Sec. 1102. Defective sale.—If upon the sale of property under Defective sale.execution the title of the purchaser is invalid by reason of a defect in the proceedings, the purchaser may be subrogated to the rights of the 1362creditor against the debtor to the extent of the money paid by him and applied to the debtor’s benefit, and to that extent shall have a lien on the property sold against all persons except bona tide purchasers without notice: but the creditor shall not be required to refund the purchase money on account of the invalidity of the sale.
Sec. 1103. Remedy of marshal.Remedy of marshal.—Where the marshal or any other officer to whom execution has been delivered levies upon and sells in good faith property not subject thereto and applies the proceeds thereof toward the satisfaction of the judgment, and a recovery is had against him for its value, the officer, on payment of said value, may, on motion and due notice thereof to the defendant, have the satisfaction of said judgment vacated, and execution shall issue thereon for his use as if said levy and sale had not been made.
Sec. 1104. Decree in equity.Decree in equity.—The aforegoing provisions shall be applicable to an unconditional decree in equity for the payment of money. Such decree may be revived by scire facias, and the same writs of execution may be issued thereon within the same time and have the same effect as liens, and shall be executed and returned in the same manner as if issued upon a common-law judgment. Chapter Twenty-Seven. Exemptions. EXEMPTIONS. Sec. 1105. What property of householder exempt.What property of householder exempt.—The following property, being the property of the head of a family or householder residing in the District of Columbia, shall be exempt from distraint, attachment, levy, and sale on execution or decree of any court in the District:
First. All wearing apparel belonging to all persons and to all heads of families being householders. Second. All beds, bedding, household furniture, stoves, cooking utensils, and so forth, not exceeding three hundred dollars in value. Third. Provisions for three months’ support, whether provided or growing. Fourth. Fuel for three months. Fifth. Mechanics’ tools and implements of the debtor’s trade or business amounting to two hundred dollars in value, with two hundred dollars’ worth of stock for carrying on the business of the debtor or his family.
This exemption shall apply to merchants. Sixth. The library and implements of a professional man or artist, to the value of three hundred dollars. Seventh. One horse, mule, or yoke of oxen; one cart, wagon, or dray, and harness for such team. Eighth. Farming utensils, with food for such team for three months, and, if the debtor be a farmer, any other farming tools of the value of one hundred dollars. Ninth. All family pictures and all the family library, not exceeding in value four hundred dollars.
Tenth. One cow, one swine, six sheep. Exemptions valid when property is in transitu.—qualification where debt due for wages of servants, etc. And these exemptions shall be valid when the property is in transitu, the same as if at rest; but no property named and exempted in this section shall be exempted from attachment or execution for any debt due for the wages of servants, common laborers, or clerks, except the wearing apparel, beds and bedding, and household furniture for the debtor and family.
Sec. 1106. Mortgage of exempt property.Mortgage of exempt property.—No deed of trust, assignment for the benefit of creditors, bill of sale, or mortgage upon any exempted articles shall be binding or valid unless signed by the wife of the debtor, if he be married and living with his wife. 1363 Sec. 1107. Earnings.—The earnings, not to exceed one hundred dollars Earnings exempt.each month, of all actual residents of the District of Columbia who provide for the support of a family in said District, for two months next preceding the issuing of any writ or process from any court or officer of and in said District, against them, shall be exempt from attachment, levy, seizure, or sale upon such process, and the same shall not be seized, levied on, taken, reached, or sold by attachment, execution, or any other process or proceedings of any court, judge, or other officer of and in said District.
Chapter Twenty-Eight. FEES OF OFFICERS AND OTHERS. Sec. 1108. Nothing herein to prohibit agreements with clients.—Fees of officers and others.The following, and no other, compensation shall be taxed and allowed to attorneys, solicitors, proctors, district attorney, clerk of the supreme court of the District, marshal, commissioners, witnesses, and jurors, except in cases otherwise provided for by law; but Nothing herein to prohibit agreements with clients.nothing herein shall be construed to prohibit attorneys, solicitors, and proctors from charging or receiving from their clients other than the Government such reasonable compensation for their services, in addition to the taxable costs, as may be in accordance with general usage or may be agreed upon:
Sec. 1109. Attorneys, solicitors, and proctors.—On a trial before Docket fee of attorneys, etc.a jury in civil or criminal causes or before referees, or on a final hearing in equity or admiralty, a docket fee of twenty dollars: *Provided*, *Proviso*.—admiralty cases, etc.That in cases of admiralty and maritime jurisdiction where the libelant recovers less than fifty dollars the docket fee of his proctor shall be only ten dollars. In cases at law where judgment is rendered without a jury, ten dollars.
In cases at law when the cause is discontinued, five dollars. For scire facias, or other proceedings on recognizances, five dollars. For each deposition taken and admitted in evidence in a cause, two dollars and fifty cents. For services rendered in a case removed from the supreme court of the District by an appeal to the court of appeals, five dollars. For examination by the district attorney before a judge or commissioner —district attorney.of persons charged with crime, five dollars a day for the time necessarily employed.
For each day of the district attorney’s attendance in court, five dollars. When an indictment for a crime is tried before a jury and a conviction is had the district attorney may be allowed, in addition to the fees herein provided, a counsel fee in proportion to the importance of the cause, not exceeding thirty dollars. There shall be paid to the district attorney two per centum on all moneys collected or realized in any suit or proceeding under the revenue law conducted by him to which the United States is a party, in lieu of all costs and fees in such proceeding.
When the district attorney appears by direction of the Secretary or Solicitor of the Treasury on behalf of any officer of the revenue in any suit against such officer for any act done by him, or to recover any money received by him and paid into the Treasury in the course of his official duty, he shall receive such compensation as may be certified to be proper by the court and approved by the Secretary of the Treasury. Sec. 1110. Clerk’s fees.—For issuing and entering every process, Clerk’s fees.commission, summons, capias, execution, warrant, attachment, or other writ, except a writ of venire, or a summons or subpoena for a witness, one dollar. 1364 For issuing a writ of subpoena or summons, twenty-five cents.
For tiling and entering every declaration, plea, or other paper, twenty-five cents. For administering an oath or affirmation, except to a juror, twenty- five cents. For taking an acknowledgment, fifty cents. For taking and certifying depositions to file, twenty cents for each folio of one hundred words. For a copy of such deposition furnished to a party on request, ten cents a folio. For entering any return, rule, order, continuance, judgment, decree, or recognizance, or drawing any bond, or making any record, certificate, return, or report, for each folio, fifteen cents.
For a copy of any entry or record, or any paper on file, for each folio, ten cents For making dockets or indexes, issuing venire, taxing costs, and all other services on the trial or argument of a cause where issue is joined and testimony given, three dollars. For making dockets or indexes, taxing costs, and all other services in a cause where issue is joined but no testimony is given, two dollars. For making dockets or indexes, taxing costs, and all other services in a cause which is dismissed or discontinued or where judgment or decree is made or rendered without issue, one dollar.
For making dockets and taxing costs in cases removed by appeal, one dollar. For affixing the seal of the court to any instrument when required, twenty-five cents. For every search for any particular judgment or lien, fifteen cents. For swearing applicant, recording and making certificate of declaration to become a citizen of the United States, one dollar. For swearing applicant, recording and making certificate of naturalization, three dollars. For searching the records of the court for judgments, decrees, or other instruments constituting a general lien on real estate and certifying the result of such search, fifteen cents for each person against whom such search is required to be made.
For receiving, keeping, and paying out money in pursuance of any statute or order of court, one per centum of the amount so received, kept, and paid. For his attendance on the court while actually in session, five dollars per day. For all services rendered to the United States in cases in which the United States is a party of record, five dollars. For each marriage license, one dollar. For each official certificate of marriage, one dollar. For each certificate of official character, including the seal, fifty cents.
For filing and recording notice of mechanic’s lien, one dollar. For entering release of mechanic’s lien, fifty cents. Fees appertaining to the probate court.R. S. D. C., secs. 931, 932, pp. 109, 110.Sec. 1111. Fees appertaining to the probate court.—The fees shall be, those now prescribed by section nine Fees of register of wills.hundred and thirty-one of the Revised Statutes of the United States, relating to the District of Columbia, and by orders of the said probate term under section nine hundred and thirty-two of the said Revised Statutes, except that in all cases when the estate does not exceed two hundred dollars in value the register of wills shall not receive any fees; and when the estate does not exceed five hundred dollars the fees of the register of wills shall not exceed ten dollars: *Provided,* That for any services required of the register of wills, as clerk of the probate court, for which no fees are specified by statute, he may be allowed to collect the fees prescribed by this code to be collected by the clerk of the supreme court of the District of Columbia for similar services. 1365 Sec. 1112.
Marshal’s fees.—For the service of any warrant, attachment,Marshal’s fees. summons, capias, or other writ (except execution, venire, or a summons or subpoena for a witness), one dollar for each person on whom service may be made: *Provided, however,* That for the service of*Proviso.*Citations, etc., issued from probate court. any citation, summons, notice, or rule issued by the probate court the fee shall be fifty cents for each person on whom service may be made. For the keeping of personal property attached on mesne process, such compensation as the court, on petition setting forth the facts under oath, may allow.
For serving venires and summoning every twelve men as grand or petit jurors, four dollars, or thirty-three and one-third cents each. For holding an inquisition or other proceeding before a jury, including the summoning of a jury, five dollars. For serving a writ of subpoena on a witness, fifty cents; and no further compensation for a copy, summons, or notice for a witness. For summoning appraisers, fifty cents. For executing a deed prepared by a party or his attorney, one dollar.
For drawing and executing a deed, five dollars. For copies of writs or papers furnished at request of any party, ten cents a folio. For every proclamation in admiralty, thirty cents. For serving an attachment in rem or libel in admiralty, two dollars. For the necessary expenses of keeping boats, vessels, or other property attached or libeled in admiralty, not exceeding two dollars and fifty cents a day. When the debt or claim in admiralty is settled by the parties withoutWhere claim in admiralty issettled with-out a sale of the property. a sale of the property, a commission of one per centum on the first five hundred dollars of the claim or decree, and one-half of one per centum on the excess of any sum thereof over five hundred dollars: *Provided,* That when the value of the property is less than the claim*Proviso.*—when value of the property less than claim. such commission shall be allowed only on the appraised value thereof.
For sale of vessels or other property under process in admiralty and for receiving and paying over the money, two and one-half per centum on any sum under five hundred dollars, and one and one-half per centum on the excess of any sum over five hundred dollars. For disbursing money to jurors and witnesses and for other expenses, two per centum. For expenses while employed in endeavoring to arrest under process any person charged with or convicted of crime, the sum actually ex-pended, not to exceed two dollars a day.
For every commitment or discharge of a prisoner, fifty cents. For transporting criminals convicted of a crime in the District to a prison in a State or Territory designated by the Attorney-General, the reasonable actual expense of transportation of the criminals, the marshal, and the guards, and the necessary subsistence and hire. For attending court and bringing in and committing prisoners and witnesses during the term, five dollars a day. For attending examinations before a commissioner and bringing in, guarding, and returning prisoners charged with crime, and witnesses, two dollars a day and for each deputy, not exceeding two, necessarily attending, two dollars a day.
For fuel, lights, and other contingencies that may accrue in holding the courts, the amount of his expenses necessarily incurred. For levying upon leasehold or freehold property in land and selling the same, a commission of one and one-half per centum on the proceeds to the amount of the debt. For levying upon leasehold or freehold property in land where no sale thereof is made, one dollar. For levying upon personal property and selling the same, a com-mission of three per centum on the proceeds to the amount of the debt 1366 and the reasonable cost for storage, keeper, insurance, advertising, and auctioneer.
Levying on personal property.Where no sale is made.For levying upon personal property where no sale thereof is made, two dollars and fifty cents and the reasonable cost for storage, keeper, and insurance incurred for the preservation of the same: *Provided*, —additional compensation.That the court, on notice to all parties in interest, may allow additional compensation. Commissioners’ fees.Sec. 1113. Commissioners’ fees.—Drawing a complaint, with oath and jurat to same, fifty cents; copy of complaint, with certificate to same, thirty cents.
Issuing a warrant of arrest, seventy-five cents. Issuing a commitment and making copy of same, one dollar. Entering a return, fifteen cents. Issuing a subpoena or subpoenas in any one ease, with five cents for each necessary witness in addition to the first, twenty-five cents. Drawing a bond of defendant and sureties, taking acknowledgment of same, and justification of sureties, seventy-five cents. Administering an oath (except to witness as to attendance and travel), ten cents.
Recognizance of all witnesses in a case when the defendant or defend-ants are held for court, fifty cents. Transcripts of proceedings when required by order of court and transmission of original papers to court, sixty cents. Copy of warrant of arrest, with certificate to same when defendant is held for court and the original papers are not sent to court, forty cents. Order in duplicate to pay all witnesses in a ease—for first witness, thirty cents, and for each additional witness, five cents, and for oath to each witness as to attendance and travel, five cents.
Hearing, etc., criminal charges.For hearing and deciding on criminal charges and reducing the testimony to writing, when required by law or order of court, five *Provisos.*—limit, etc.dollars a day for the time necessarily employed: *Provided,* That not more than one per diem shall be allowed in a case, unless the account shall show that the hearing could not be completed in one day, when one additional per diem may be specially approved and allowed by the court: *Provided further,* That not more than one per diem shall be When no per diem allowed for taking a bond, etc.allowed for any one day: *And provided further,* That no per diem shall be allowed for taking a bond or recognizance and passing on the sufficiency of the bond or recognizance and the sureties thereon when the bond or recognizance was taken after the defendant had been committed to prison upon a final commitment, or has given bond or been recognized for his appearance at court, or when the defendant has been arrested on a capias or bench warrant or was in custody under any process or order of a court of record.
For the examination and certificate in eases of the application for discharge of poor convicts, imprisoned for nonpayment of fine, or fine and costs, and all services connected therewith, three dollars. For attending to a reference in a litigated matter in a civil cause at law, in equity, or in admiralty, in pursuance of an order of the court, three dollars a day. For taking and certifying depositions to file in civil cases, ten cents for each folio. For each copy of the same furnished to a party on request, ten cents for each folio.
For issuing any warrant under the tenth article of the treaty of August ninth, eighteen hundred and forty-two, between the United States and the Queen of the United Kingdom of Great Britain and Ireland, against any parties charged with any crime or offense set forth in said articles, two dollars. 1367 For issuing any warrant under the provision of the convention for the surrender of criminals between the United States and the King of the French, concluded at Washington November ninth, eighteen hundred and forty-three, two dollars.
For hearing and deciding upon the ease of any person charged with any crime or offense and arrested under the provisions of said treaty or of said convention, five dollars a day for the time necessarily employed. Such commissioners shall keep a complete record of all proceedings before them in criminal eases in a well bound book, which record book shall be delivered to and be preserved by the clerk of the supreme court of the District of Columbia on the death, resignation, removal, or expiration of the term of the commissioner, for which record the commissioner shall receive no compensation.
Sec. 1114. Witness fees.—For each day’s attendance in court orWitness fees. before any officer pursuant to law, one dollar and twenty-five cents; and when a witness is subpoenaed in more than one cause between the same parties at the same term only one per diem compensation shall be allowed for attendance; and for traveling, at the rate of five cents per mile, coming and returning to and from the witness’s place of abode, when summoned from without the District to testify in the courts of the District.
No officer of the United States courts shall be entitled to witnessCourt officers not entitled, etc. fees for attending before a court or commissioner where he is officiating. Sec. 1115. Juror’s fees.—For actual attendance at court, two dollarsJuror’s fees. a day during such attendance. Chapter Twenty-Nine. FRAUDS, STATUTE OF.Frauds, statute of. Sec. 1116. Estates created by parol.—Every estate in lands,Estates created by parol. tenements, or hereditaments for a greater term than one year attempted to be created by parol, or otherwise than by deed as provided in sub-chapter one of chapter sixteen, shall be an estate by sufferance.
Sec. 1117. Actions to charge executors, and so forth.—NoActions to charge executors, etc. action shall be brought whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate, or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person, or to charge any person upon any agreement made upon consideration of marriage, or upon any contract or sale of lands, tenements, or hereditaments, or any interest in or concerning them, or upon any agreement that is not to be performed within the space of one year from the making thereof, unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, which need not state the consideration, and signed by the party to be charged therewith or some other person thereunto by him lawfully authorized.
Sec. 1118. Declarations of trust.—All declarations or creationsTrusts, declaration of. of trust or confidence of any lands, tenements, or hereditaments shall be manifested and proved by some writing signed by the party who is by law enabled to declare such trust or by his last will in writing, or else they shall be utterly void and of none effect. All grants and assignments of any trust or confidence shall likewise—grants and assignments of. be in writing, signed by the party granting or assigning the same or by such last will or devise, or else shall likewise be utterly void and of none effect.
Where any conveyance shall be made of any lands or tenements by—by implication, etc. which a trust or confidence shall or may arise or result by the impli 1368 cation or construction of law, or he transferred or extinguished by an act or operation of law then and in every such case such trust or confidence shall be of the like force and effect as the same would have been if this statute had not been made. Sale of goods.Sec. 1119. Sale of goods.—No contract for the sale of any goods, wares, and merchandise for the price of fifty dollars or upward shall be allowed to be good except the buyer shall accept part of the goods so sold and actually receive the same or give something in earnest to bind the bargain or in part payment, or that some note or memorandum in writing of the said bargain be made and signed by the parties to be charged by such a contract or their agent thereunto lawfully authorized.
Chapter Thirty. FRAUDULENT CONVEYANCES AND ASSIGNMENTS.Fraudulent conveyances and assignments. Intent to defraud creditors.Sec. 1120. Intent to defraud creditors.—Every conveyance or assignment, in writing or otherwise, of any estate or interest in lands or rents and profits issuing from the same, or in goods or things in action, and every charge upon the same, and every bond or other evidence of debt given, or judgment or decree suffered, with the intent to hinder, delay, or defraud creditors or other persons having just claims or demands of their lawful suits, damages, or demands, shall be void *Provisos.*as against the persons so hindered, delayed, or defrauded: *Provided*, —notice.That nothing herein shall be construed to affect or impair the title of a purchaser for a valuable consideration, unless it shall appear that such purchaser had previous notice of the fraudulent intent of his immediate grantor, or of the fraud rendering void the title of such grantor:
Intent; deemed a question of fact.*Provided further,* That the question of fraudulent intent shall be deemed a question of fact and not of law. —to defraud purchasers.Sec. 1121. Intext to defraud purchasers.—Every conveyance of any estate or interest in land or the rents and profits thereof, and every charge upon the same, made or created with the intent to defraud prior or subsequent purchasers for a valuable consideration of the same lands, rents, or profits, shall, as against such purchasers, be void; but no such conveyance or charge shall be deemed fraudulent in favor of a subsequent purchaser who shall have actual or legal notice thereof at the time of his purchase, unless it appear that the grantee in such conveyance, or the person to be benefited by such charge, was privy to the fraud intended.
Executors, etc., may sue to vacate fraudulent deed.Sec. 1122. Executors, and so forth, may sue to vacate fraudulent deed.—Any executor, administrator, receiver, assignee, or other trustee of an estate, or of the property and effects of an insolvent estate, corporation, association, partnership, or individual, may, for the benefit of creditors and others interested in the estate or property so held in trust, disaffirm, treat as void, and resist all acts done, transfers and agreements made in fraud of the rights of any creditor, including themselves and others interested in any estate or property held by or of right belonging to any such trustee or estate; and every person who in fraud of the rights of creditors and others shall have received, taken, or in any manner interfered with the estate, property, or effects of any deceased person or insolvent corporation, association, partnership, or individual shall be liable, in the proper action, to the executors, administrators, receivers, or other trustees of such estate or property for the same, or the value of any property or effects so received or taken, and for all damages caused by such acts to any such trust estate. 1369 Chapter Thirty-One.
GUARDIAN AND WARD.Guardian and ward. Sec. 1123. Natural guardians.—The father and mother shall beFather and mother the natural guardians.—death of one. the natural guardians of the person of their minor children. If either dies or is incapable of acting, the natural guardianship of the person shall devolve upon the other: *Provided, however,* That in case of the*Proviso.*—of one bequeathing property. death of either parent from whom said children shall inherit or take by devise or bequest, such parent may by deed or last will and testament appoint a guardian of the property of the children, subject to the approval of the proper court of the District of Columbia: *And provided further,* That nothing herein contained shall be held to limit orWhere parents unfit, etc. affect the power of a court of equity to appoint some other person guardian of such children when it shall be made to appear to said court that the welfare of said children requires it.
Sec. 1124. Testamentary guardians.—Every father or mother,Testamentary guardians. whether of full age or not, when the other parent does not survive, may, by last will and testament, appoint a guardian of the person to have the care, custody, and tuition of his or her infant child, not being a married female; and if the person so appointed shall refuse the trust, said court may appoint another person in his place. Sec. 1125. Appointment by court.—If any infant shall have neitherAppointment by court. natural nor testamentary guardian, a guardian of the person may be appointed by the probate court in its own discretion or on the application of any next friend of such infant.
Sec. 1126. When guardianship ceases.—The natural guardianshipWhen guardianship ceases. or the appointive guardianship of the person aforesaid shall cease, in the case of a male infant when he is twenty-one years of age, and in the case of a female infant when she is eighteen years of age or marries. Sec. 1127. When guardian of estate is appointed by court.—When guardian of estate is appointed by court.Subject to the provisions of the preceding sections of this chapter, whenever land shall descend or be devised to any infant under twenty- one years of age, or such infant shall be entitled to a distributive share of the personal estate of an intestate, or to a legacy or bequest under a last will, or shall acquire any real or personal property by gift or purchase, the said court may appoint a guardian of said infant’s estate; and if there shall be a guardian of the person of such infant the guardian of the estate so appointed may be the same or a different person.
The said appointment may be made at any time after the probate of the will or the grant of administration where the infant is entitled as devisee, legatee, or next of kin. Who to be preferred as guardian. Sec. 1128. Preferences.—Whenever it shall be necessary for the court to appoint a guardian of the infant’s estate, as aforesaid, the father, if living, or, if he be dead, then the mother, if living, or, if the infant be a married female her husband, shall have the preference over other persons, unless the infant be over fourteen years of age, as hereinafter directed: *Provided,* That in the judgment of the court the*Proviso.*—must be a suitable person. parent or husband so entitled shall be a suitable person to have the management of the infant’s estate.
Sec. 1129. Husband or parent enjoined.—On the application ofHusband or parent enjoined. any friend of an infant entitled to real or personal estate, or in the exercise of its own discretion, the court may enjoin any parent or husband or testamentary guardian of such infant from interfering with said infant’s estate without being appointed and giving bond as guardian of such estate. Sec. 1130. Consent of infant.—When it shall be necessary toConsent of infant to selection of guardian. appoint a guardian, either of the person or the estate, of an infant, 1370 the infant shall, if practicable, be brought before the court, and, if over the age of fourteen years, shall be entitled to select and nominate his or her guardian; and if a guardian shall have been appointed before the infant has attained the age of fourteen years, the said infant, upon arriving at said age, may select a new guardian, *Proviso.*—approval by court, etc.notwithstanding the appointment before made: *Provided*, *however*, That the court shall, in all cases, approve the character and competency of the guardian selected by the infant, and such guardian shall be under the same obligations and discharge the same duties as if selected by the court; and whenever, after a guardian of the estate has been previously appointed, the infant shall select a new guardian upon arriving at the age of fourteen years, and said new selection is approved by the court, and the person so selected is duly appointed and qualified, the guardian previously appointed shall settle his final account and turn over his ward’s estate to the newly appointed guardian.
Bond of guardian.Sec. 1131. Bond of guardian.—Every guardian appointed by the court, except corporations authorized to act as guardians, before entering upon or taking possession of or interfering with the estate of the infant, shall execute a bond to the United States in such penalty and with such surety or sureties as the court shall approve, to be recorded and to be liable to be put in suit for the use of any person interested, with the following condition: —condition.“The condition of the above obligation is such that if the above bounden_____ , as guardian to_____ , shall faithfully account to the court, as required by law, for the management of the property and estate of the infant under his care, and shall also deliver up said property agreeably to the order of the court or the directions of law and shall in all respects perform the duty of guardian to the said _____ according to law, then the above obligation shall cease; it shall other-wise remain in full force and virtue.
” One bond for several wards.Sec. 1132. One bond for several wards.—Where the same per-son is guardian to any number of persons entitled to shares of the same estate the court may accept one bond instead of separate bonds for each ward, and said bond shall be liable to be put in suit for the use of all or either of the wards as fully as separate bonds might be. Possession to guardian.Sec. 1133. Possession to guardian.—On the execution of his bond, as required as aforesaid, the guardian shall be entitled to an order of the court directing the real and personal estate of the ward to be delivered into his possession, and all legacies and distributive shares to which the ward may be entitled to be paid or delivered to him whenever they shall be properly payable or distributable according to law.
Inventory.Sec. 1134. Inventory.—Every guardian, within three months after the execution and approval of his bond, shall return to the court, under oath, an inventory of the real and personal estate of his ward and of the probable annual income thereof, and the court may direct the said estate to be appraised and the annual income thereof to be ascertained by two competent persons, to be appointed by the court, who shall report their appraisement and finding under oath. Accounts.Sec. 1135.
Accounts.—It shall be the duty of the guardian to man-age the estate for the best interests of the ward, and once in each year, or oftener if required, he shall settle an account of his trust, under oath. He shall account for all profit and increase of his ward’s estate and the annual value thereof, and shall be allowed credit for taxes, repairs, improvements, expenses, and commissions not exceeding ten per centum of the principal of the personal estate and on the annual income of the estate, and shall not be answerable for any loss or decrease sustained without his fault; and the court shall determine the amounts to be annually expended in the maintenance and education of the infant, regard being had to his future condition and prospects 1371in life: and the court, if it shall deem it advantageous to the ward, may allow the guardian to exceed the income of the estate and to make use of the principal and sell the same or part thereof, under its order, as hereinbefore provided in subchapter three of chapter one; but no guardian shall sell any property of his ward without an order of the court previously had therefor.
Sec. 1136. Sale of realty.—Whenever any guardian shall thinkSale of realty. that the interests of his ward will be promoted by a sale of his real estate for the purpose of reinvesting the proceeds in other property or securities, he may make application therefor to the court, and such proceedings shall be had thereupon as directed in subchapter three of chapter one, aforesaid. Sec. 1137. Allowances.—Any allowance which may be made to aAllowances. guardian for the clothing, support, maintenance, education, or other expenses incurred for the ward or his estate, before said guardian shall have given bond or been appointed, shall have the same effect and operation in law as if the same had been made subsequently to the appointment of said guardian and his giving bond.
Sec. 1138. Surety.—If any surety of a guardian, setting forth bySurety. petition that he apprehends himself to be in danger of suffering by said suretyship, shall pray to be relieved, the court, after service of a summons on the guardian to answer the petition, may order him to give counter security for the indemnity of the original surety, or to deliver the ward’s estate into the hands of the surety or of some other person; in either of which cases the person into whose hands the ward’s estate shall be delivered shall be required to give sufficient security for the proper management and application of the same, and such further order may be passed for the relief of the petitioner as may seem just.
Sec. 1139. Final account.—On the arrival of any ward at the ageFinal account of twenty-one years the guardian shall exhibit a final account of his trust to the court, and shall deliver up, agreeably to the court’s order, to the ward all the property of said ward in his hands, including bonds and other securities, and on his failure so to do his bond may be put in suit in the name of the United States for the use of the party interested, and he may be attached, as herein elsewhere provided.
Sec. 1140. Husband as guardian.—Whenever any female infant,Husband as guardian. to whom a guardian of her estate has been appointed, shall marry she may select her husband as the guardian of her said estate, with the approval of the court, and after he is duly appointed and qualified by giving bond, as is required in other cases, the powers of the guardian previously appointed shall cease, and he shall settle his final account and turn over his ward’s estate to her husband, agreeably to the order and directions of the court.
Sec. 1141. Nonresident infant.—Whenever any infant or lunaticNonresident infant. residing without the District, but within the United States, is entitled to property in the District or to maintain any action therein, a general guardian of his estate, appointed by a court of competent jurisdiction in the State or Territory where said infant or lunatic resides, may apply to the court, by petition, for ancillary letters of guardianship.—petition for ancillary letters of guardianship, etc.
Said petition must be under oath and be accompanied with duly certified copies of the record and proceedings, showing the appointment of said guardian, and that he has given a sufficient bond to account for all property and money that may come into his hands by virtue of the authority hereby conferred. The court may thereupon issue to said guardian ancillary letters of guardianship, without bond and without citation, or may cite such persons as it may think proper, to show cause why the said application should be refused.
Sec. 1142. Suits by ancillary guardian.—Upon the granting ofAncillary guardian, suits by, etc. said ancillary letters the said guardian shall be entitled to institute 1372 and prosecute to judgment any action in the courts of the District, to take possession of all property of his said ward, and collect and receive all moneys belonging and due to him therein, to give full receipt and acquittances for debts and to release all claims, liens, and mortgages to him belonging, on property in said District, in the same manner as if his authority had been originally conferred by the supreme court *Proviso.*—must give security for the costs.of said District: *Provided,* That said guardian shall be required to give security for the costs which may accrue in any action brought by him, in the same manner as other nonresidents bringing suit in the courts of said District.
Chapter Thirty-Two. HABEAS CORPUS.Habeas corpus. —how obtained.Sec. 1143. How obtained.—Any person committed, detained, con-fined, or restrained from his lawful liberty within the District, under any color or pretense whatever, or any person in his or her behalf, may apply by petition to the supreme court of the District, or any justice thereof, for a writ of habeas corpus, to the end that the cause of such commitment, detainer, confinement, or restraint may be inquired into; and the court or the justice applied to. if the facts set forth in the petition make a prima facie ease, shall forthwith grant such writ, directed to the officer or other person in whose custody or keeping the party so detained shall be, returnable forthwith before said court or justice; —how servedSec. 1144.
How served.—The said writ shall be served by delivering it to the officer or other person to whom it is directed, or by leaving it at the prison or place at which the party suing it out is detained; and such officer or other person shall forthwith, or within such reasonable time as the court or justice shall direct, make return of the writ and cause the person detained to be brought before the court or justice, according to the command of the writ, and shall likewise certify the true cause of his detainer or imprisonment, if any, and under what color or pretense such person is confined or restrained of his liberty.
Evasion.Sec. 1145. Evasion.—On any application for a writ of habeas cor-pus, if probable cause be shown for believing that the person charged with confining or detaining the person applying or on whose behalf the application is made is about to remove the person so detained from the place where he may then be, for the purpose of evading any writ of habeas corpus or for other purposes, or that he would evade or not obey any such writ, the court or justice shall insert in the writ a clause commanding the marshal to serve the writ on the person to whom it is directed and cause said person immediately to be and appear before the court or justice, together with the person so confined or detained, and it shall thereupon be the duty of the marshal immediately to carry the person charged with the detention, together with the person detained, before the court or justice, and said court or justice shall proceed to inquire into the matter.
Refusal to produce.Sec. 1146. Refusal to produce.—If any officer or other person to whom a writ of habeas corpus may be directed shall neglect or refuse to make return thereof, or to bring the body of the person detained, according to the command of the writ, he shall forfeit to the person detained the sum of five hundred dollars, and besides shall be liable to attachment and punishment as for a contempt. Copy of commitment may be demanded.Sec. 1147. Copy of commitment.—Any person committed or detained, or any person in his behalf, may demand a true copy of the warrant of commitment or detainer, and any officer or other person detaining him who shall refuse or neglect to deliver to him a true copy 1373 of the warrant of commitment or detainer, if any there be, within six hours after the demand, shall forfeit to the party so detained the sum of five hundred dollars.
Sec. 1148. Inquiry into cause of detention.—On the return ofInquiry into cause of detention. the writ of habeas corpus and the production of the person detained the court or justice shall immediately inquire into the legality and propriety of such confinement or detention, and if it shall appear that such person is detained without legal warrant or authority, he shall immediately be released or discharged; or if the court or justice shall deem his detention to be lawful and proper, he shall be remanded to the same custody, or, in a proper case, admitted to bail, if he be con-fined on a charge of a bailable criminal offense; and if he be bailed, the court or justice shall require a sufficient bond or recognizance to answer in the proper court, and transmit the same to said court.
Sec. 1149. Traversing return.—Any person at whose instance orTraversing return. in whose behalf a writ of habeas corpus has been issued may traverse the return thereto, or plead any matters showing that there is not a sufficient legal cause for his confinement or detention, and the court or justice may issue process for witnesses or for the production of papers, which shall be served and enforced in like manner as similar process issued in a cause depending in court, if the court or justice shall be satisfied of the materiality of the testimony proposed to be adduced.
Sec. 1150. Right of parent, guardian, or husband.—Any person entitled to the custody of another person, unlawfully confined or detained by a third person, as a parent, guardian, committee, or husband, entitled to the custody of a minor child, ward, lunatic, or wife, upon application to the court or a justice as aforesaid, and showing just cause therefor, under oath, shall be entitled to a writ of habeas corpus, directed to the person confining or detaining as aforesaid, requiring him forthwith to appear and produce before the court or justice the person so detained, and the same proceedings shall be had in relation thereto as hereinabove authorized, and the court or justice, upon hearing the proofs, shall determine which of the contesting parties is entitled to the custody of the person so detained, and commit the custody of said person to the party legally entitled thereto.
Chapter Thirty-Three. HUSBAND AND WIFE.Husband and wife. Sec. 1151. Wife’s property exempt from husband’s debts.—AllWife’s property exempt from husband’s debts. the property, real, personal, and mixed, belonging to a woman at the time of her marriage, and all such property which she may acquire or receive after her marriage from any person whomsoever, by purchase, gift, grant, devise, bequest, descent, in the course of distribution, by her own skill, labor, or personal exertions, or as proceeds of a judgment at law or decree in equity, or in any other manner, shall be her own property as absolutely as if she were unmarried, and shall be protected*Proviso.*Conveyance from husband to wife not to prejudice subsisting creditors. from the debts of the husband and shall not in any way be liable for the payment thereof: *Provided,* That no acquisition of property passing to the wife from the husband after coverture shall be valid if the same has been made or granted to her in prejudice of the rights of his subsisting creditors.
Sec. 1152. Husband may convey directly to wife—WheneverConveyance of estate from husband to wife. any interest or estate of any kind in any property, real, personal, or mixed, situate, lying, or being within this District, has been or shall hereafter be sold, conveyed, assigned, mortgaged, leased, transferred, or delivered by any husband directly or indirectly to his wife, and has been or shall hereafter be subsequently sold, conveyed, assigned,—subsequent sale of. mortgaged, leased, transferred, or delivered by such wife and husband 1374 during their coverture, or hereafter by such wife solely or by such —effect of first transfer on rights of subsisting creditors of husband.wife after such coverture has terminated, or shall hereafter be devised or bequeathed by such wife during such coverture or after such coverture has terminated, the fact of such previous sale, conveyance, assignment, mortgage, lease, or delivery by such husband, directly or indirectly, to his wife shall not hereafter be deemed or taken, at law or in equity, to have given, preserved, or reserved, nor to give, preserve, or reserve, to any subsisting creditor of such husband, by reason of any debt or obligation, claim, or demand whatsoever, any other or greater right, lien, or cause of action against such interest or estate, or against any third person, his heirs, executors, administrators, or assigns, than such creditors would have had in case such interest or estate had been sold, conveyed, assigned, mortgaged, leased, transferred or delivered, or devised, or bequeathed by such husband directly to such third person.
And the fact of such previous sale, conveyance, assignment, mortgage, lease, or delivery by such husband directly or indirectly to his wife, or the recital thereof in any instrument of writing whatever, shall not hereafter be deemed or taken, at law or in equity, to give or impart nor to have given or imparted notice to any third person, his heirs, executors, administrators, or assigns of the existence or of the possibility or probability of the existence of any subsisting creditor or creditors of such husband.
No trustee necessary.Sec. 1153. No trustee necessary.—It shall not be necessary for a married woman to have a trustee to secure to her the sole and separate use of her property; but if she desires it she may make a trustee by deed, or she may apply to a court of equity and have a trustee appointed, in which appointment the uses and trusts for which the trustee holds the property shall be declared. Property of wife.Sec. 1154. Property of wife.—Married women shall hold all their property, of every description, for their separate use as fully as if they were *Proviso.*—of wife under age.unmarried, and shall have power to dispose of the same by deed, mortgage, lease, will, gift, or otherwise, as fully as if they were unmarried: *Provided,* That no disposition of her real or personal property, or any portion thereof, by deed, mortgage, bill of sale, or other conveyance, shall be valid if made by a married woman under twenty-one years of age.
Power of wife to trade, and to sue and be sued.Sec. 1155. Power of wife to trade, and to sue and be sued.— Married women shall have power to engage in any business, and to contract, whether engaged in business or not, and to sue separately upon their contracts, and also to sue separately for the recovery, security, or protection of their property, and for torts committed against them, as fully and freely as if they Husband’s liability.were unmarried; contracts may also be made with them, and they may also be sued separately upon their contracts, whether made before or during marriage, and for wrongs independent of contract committed by them before or during their marriage, as fully as if they were unmarried, and upon judgments recovered against them execution may be issued as if they were unmarried; nor shall any husband be liable upon any contract made by his wife in her own name and upon her own responsibility, nor for any tort committed separately by her out of his presence without*Proviso.*Limit on wife’s power to contract. his participation or sanction: *Provided,* That no married woman shall have power to make any contract as surety or guarantor, or as accommodation drawer, accepter, maker, or indorser.
Contracts deemed made with reference to her separate estates.Sec. 1156. Contracts of wife.—Every contract made by a married woman which she has the power to make shall be deemed to be made with reference to her estate which is made her separate estate by this chapter, and also her equitable separate estate, if any she has, as a source of credit to the extent of her power over the same, unless the contrary intent is expressed in the contract. 1375 Sec. 1157. Infant feme covert.—In case any married womanInfant feme covert. entitled to a separate estate as aforesaid shall be an infant under twenty-one years of age, she shall be under the same disabilities in regard thereto as other infants, except as herein elsewhere provided, and a guardian of said estate shall be appointed.
Sec. 1158. Dower.—A widow shall be entitled to dower in landsDower. held by equitable as well as legal title in the husband at any time during the coverture, whether held by him at the time of his death or not, but such right of dower shall not operate to the prejudice of any claim for the purchase money of such lands or other lien on the same. Sec. 1150. Estate by the curtesy.—On the death of any marriedEstate by the curtesy. woman owning real estate in fee simple and intestate thereof, if there has been a child born of the marriage capable of inheriting said property, the husband surviving her shall be entitled to an estate by the curtesy therein, whether the wife’s estate be legal or equitable and whether the wife’s seizin be in deed or in law only.
Sec. 1160. Administration on wife’s estate.—On the death ofAdministration on wife’s estate. any married woman owning real or personal estate and intestate thereof, her said estate shall be administered on as if she had been unmarried, and in the appointment of her administrator her husband shall be entitled to be preferred. After payment of her debts said personal estate shall be the property of her husband. Sec. 1161. Insurance of husband’s life.—Any married woman,Insurance of husband’s life. by herself and in her name, or in the name of any third person, with his assent, as her trustee, may insure or cause to be insured for her sole use, the life of her husband for any definite period or for the term of his natural life; and any husband may cause his own life to be insured for the sole use of his wife, and may also assign any policy of insurance upon his own life to his wife for her sole use; and in case of the wife surviving her husband the sum or net amount of such insurance becoming due and payable by the terms of the insurance shall be pay-able to her for her own use, free from the claims of the representatives of her husband or any of his creditors.
Sec. 1162. Insurance not liable for husband’s debts.—All policies—not liable for husband’s debts. of life insurance upon the life of any person which may hereafter mature, and which have been or shall be taken out for the benefit of or bona tide assigned to the wife or children of or any relative dependent upon such person, or any creditor, shall be vested in such wife or children or other relative or creditor, free and clear from all claims of the creditors of such insured person.
Sec. 1163. Insurance payable on death of wife to children.——payable on death of wife to children.If the wife shall die before her husband, the amount of such insurance may be payable after her death to the children or descendants for their use, and to their guardian if under age; and if there be no children or descendants of the wife living at the time of her death, to her legal representatives. Sec. 1164. Receipt of married woman.—The receipt of any marriedReceipt of married woman. woman for the payment of money deposited by her before or after marriage shall be a valid discharge to any individual or corporation making such payment: *Provided,* That nothing contained in this section*Proviso.*—attachment if in fraud of creditors, etc. shall prevent any creditor of the husband from attaching the same or restraining the payment by injunction if the deposit was made in fraud of his creditors.
Sec. 1165. Lunatic, insane, or permanently absent wife.—Lunatic, insane, or permanently absent wife.here any married woman is a lunatic or insane, and has been so found upon inquisition, and the said finding remains in force, or where any married woman has been absent or unheard of for seven years, the husband of such lunatic or insane or absent person may grant and convey by his separate deed, whether the same be absolute or by way 1376 of lease or mortgage, as fully as if he were unmarried, any real estate which he may have acquired since the finding of such inquisition or since the beginning of such absence.
Debts of wife before marriage.Sec. 1166. Debts of wife before marriage.—No husband shall be liable in any manner for any debts of his wife contracted or for any claims or demands of any kind against her arising prior to marriage, but she and her property shall remain liable therefor in the same manner as if the marriage had not taken place. Legal proceedings against wife.Sec. 1167. Legal proceedings against wife.—Proceedings at law or in equity, according to the nature of such debts, claims, or demands, may be taken against such married woman, notwithstanding her coverture. in her married name, joining her husband therein as defendant if he be within the District; but no judgment or decree shall pass against the husband or his estate, but such judgment or decree shall be passed against the wife only; and it shall operate only upon her estate held and owned by her prior or subsequent to said marriage.
Power of wife to appoint attorney.Sec. 1168. Power of wife to appoint attorney.—Any married woman against whom any proceeding may be taken under the two preceding sections shall have power to appoint an attorney at law to act for her in such proceeding. Procedure to eject married woman who is a tenant.Sec. 1169. Procedure to eject married woman who is a ten-ant.—In all cases in which a married woman is or shall hereafter be a tenant of real estate in this District, and has defaulted in the payment of rent therefor or has made other default, it shall be lawful for the landlord to make such reentry or bring such action for recovery of the demised premises as he or she might do if the lessee were a feme sole and had contracted for the payment of said rents or the performance of other acts and to suffer such reentry to be made upon default therein.
Married woman may make covenant running with the land.Sec. 1170. Married woman may make covenant running with the land.—In all deeds hereafter made to married women of real estate or chattels real it shall be competent for the grantee or lessee to bind herself and her assigns by any covenant running with or relating to said real estate or chattels real the same as if she were a feme sole. Equitable separate estate.Sec. 1171. Equitable separate estate.—Nothing contained in the preceding sections of this chapter shall be construed to prevent the creation of equitable separate estates.
Said estates shall be held according to the provisions of the respective settlements thereof and shall be subject to and governed by the rules and principles of equity applicable to such estates. Devise in lieu of dower.Sec. 1172. Devise in lieu of dower.—Every devise of land or of any estate therein, or bequest of personal estate to the wife of the testator, shall be construed to be intended in bar of her dower in lands or share of the personal estate, respectively, unless it be otherwise expressed in the will.
Renunciation of be-quest.Sec. 1173. Renunciation of bequest.—A widow shall be barred of her right of dower in the land or share in the personal estate by any such devise or bequest, unless within six months after administration may be granted on her husband’s estate she shall file in the probate court a written renunciation to the following effect: “I, A B, widow of_______________ , late of_______________ , deceased, do hereby renounce and quit all claim to any bequest or devise made to me by the last will of my husband exhibited and proved according to law; and I elect to take in lieu thereof my dower or legal share of the estate of mv said husband.
” But by renouncing all claim to a devise or bequest, or devises or bequests, of personal property, made to her by the will of her husband she shall be entitled to one-third part of the personal estate of 1377 her husband which shall remain after payment of his just debts and claims against him and no more. Sec. 1174. Devise of both realty and personalty.—If the willDevise of both realty and personalty. of the husband devise and bequeath a part of both real and personal estate to the wife, she shall renounce the whole or be otherwise barred of her right to both real and personal estate.
Sec. 1175. Devise of either realty or personalty.—If the willDevise of either realty or personalty. devise only a part of the real estate or bequeath only a part of the personal estate, the devise or bequest shall bar her of only the real or personal estate, as the case may require: *Provided, nevertheless,* That*Proviso.*—if expressly in lieu of her legal snare, etc. if the devise of either real or personal estate, or of both, shall be expressly in lieu of her legal share of one or both she shall accordingly be barred, unless she renounce as aforesaid.
Sec. 1176. When nothing passed by the devise.—If, in effect,When nothing passed by the devise. nothing shall pass by such devise she shall not be thereby barred, whether she shall or shall not renounce as aforesaid, it being the intent hereof that a widow accepting or abiding by a devise in lieu of her legal right shall be considered a purchaser with a fair consideration. Sec. 1177. Husband liable for wife’s acts in certain cases.—Husband liable for wife’s acts in certain eases.Nothing in this chapter shall be construed to relieve the husband from liability for the debts, contracts, or engagements which the wife may incur or enter into upon the credit of her husband, or as his agent, or for necessaries for herself or for his or their children: but as to all such cases his liability shall be or continue as at common law.
Chapter Thirty-Four. INTEREST AND USURY.Interest and usury. Sec. 1178. Rate of interest.—The rate of interest in the DistrictRate of interest. upon the loan or forbearance of any money, goods, or things in action, and the rate to be allowed in judgments and decrees, in the absence of express contract as to such rate of interest, shall be six dollars upon one hundred dollars for one year, and at that rate for a greater or less sum or for a longer or shorter time. Sec. 1179. Express contracts.—The parties to a bond, bill, promissoryExpress contracts. note, or other instrument of writing for the payment of money at any future time may contract therein for the payment of interest on the principal amount thereof at any rate not exceeding ten per centum per annum.
Sec. 1180. What is usury.—If any person or corporation shallWhat is usury. contract in the District, verbally, to pay a greater rate of interest than six per centum per annum, or shall contract, in writing, to pay a greater rate than ten per centum per annum, such contract shall be deemed usurious, and shall be void as to the excess of said interest above the rate of six per centum per annum, as aforesaid, and the creditor to whom the principal debt is due shall only be entitled to recover said principal debt with interest thereon at the rate of six per centum per annum.
But no person, being a party to any contract for such unlawful interest, shall be liable to any penalty or forfeiture or criminal prosecution in consequence thereof. Sec. 1181. Action to recover usury paid.—If any person or corporationAction to recover usury paid. in the District shall directly or indirectly take or receive any greater amount of interest than is herein declared to be lawful, whether in advance or not, the person or corporation paying the same shall be entitled to sue for and recover the amount of the unlawful interest so paid from the person or corporation receiving the same, provided said said be begun within one year from the date of such payment. 1378 Unlawful interest to be credited.Sec. 1182.
Unlawful interest to be credited.—In any action brought upon any contract for the payment of money with interest at a rate forbidden by law. as aforesaid, any payments of interest that may have been made on account of said contract in excess of the lawful interest shall be deemed and taken to be payments made on account of the principal debt, and judgment shall be rendered for no more than the balance found due after deducting and properly crediting the excess of interest so paid : but no bona tide indorsee of negotiable paper purchased before due shall be affected by any usury exacted by any former holder of said paper unless he had actual notice of the usury before his purchase.
Testimony of par-ties.Sec. 1183. Testimony of parties.—Whenever in any action to recover a debt the defendant shall claim that payments of unlawful interest on said debt have been made to said plaintiff or those under whom he claims, which the defendant is entitled to have credited on the principal of the debt, the plaintiff or the party who received said unlawful interest may be examined as a witness to prove the payment of the same, and shall not be excused from testifying in relation thereto, nor shall a creditor who is made defendant to a bill in equity exhibited against him for discovery as to payments of unlawful interest made to him be excused from answering as to the same.
Judgments for liquidated debt.Sec. 1184. Judgments for liquidated debt.—In an action in the supreme court of the District to recover a liquidated debt on which interest is payable by contract or by law or usage the judgment for the plaintiff shall include interest on the principal debt from the time when it was due and payable, at the rate fixed by the contract, if any, until paid. Judgments for damages.Sec. 1185. Judgments for damages.—In an action to recover dam-ages for breach of contract the judgment shall allow interest on the amount for which it is rendered from the date of the judgment only; but nothing herein shall forbid the jury, or the court, if the trial be by the court, from including interest as an element in the damages awarded, if necessary to fully compensate the plaintiff.
In an action to recover damages for a wrong the judgment for the plaintiff shall bear interest. Judgment in suits on contracts made elsewhere.Sec. 1186. Judgment in slits on contracts made elsewhere.— In an action on a contract for the payment of a higher rate of interest than is lawful in the District, made or to be performed in any State or Territory of the United States where such contract rate of interest is lawful, the judgment for the plaintiff shall include such contract interest to the date of the judgment and interest thereafter at the rate of six per centum per annum until paid.
Chapter Thirty-Five. JAIL.Jail. Warden.Sec. 1187. Warden.—The supreme court of the District shall have authority to appoint a suitable person to act as warden of the jail and to remove such officer whenever, in the opinion of the court, the public interests may require his removal, and to fill all vacancies which may occur. Term of office.Sec. 1188. Term of office.—The warden shall hold office for the term of four years, unless sooner removed in accordance with the preceding section.
Salary.Sec. 1189. Salary.—He shall receive an annual salary of eighteen hundred dollars, which shall include all fees and emoluments. Bond.Sec. 1190. Bond.—The warden shall, before entering upon his office, execute to the United States a bond for the faithful performance of the 1379 duties thereof, in the penal sum of five thousand dollars, with sureties to be approved by some judge of the supreme court of the District. Sec. 1191. Powers and duties. The warden shall have the exclusivePowers and duties. supervision and control of the jail of the District and be account-able for the safe-keeping of all prisoners legally committed thereto, and shall have all the power and discharge all the duties legally exercised and discharged over said jail and the prisoners therein prior to the twenty-ninth day of February, eighteen hundred and sixty-four, by the marshal of the District.
Sec. 1192. Employment of prisoners.—Persons sentenced to imprisonmentEmployment of prisoners. in the jail may be employed at such labor and under such regulations as may be prescribed by the supreme court of the District and the proceeds thereof applied to defray the expenses of the trial and conviction of any such person. Sec. 1193. Commitment by marshal.—Nothing in the precedingCommitment by marshal unimpaired. sections of this chapter shall be construed to impair or interfere with the authority of the marshal of the District to commit persons to the jail or to produce them in open court or before any judicial officer when thereto required.
Sec. 1194. Delivery to marshal.—It shall be the duty of the wardenDelivery to marshal. to receive such prisoners and to deliver them to the marshal or his duly authorized deputy, on the written request of either, for the purpose of taking them before any court or judicial officer, as provided in the preceding section. Sec. 1195. Subordinate officers.—The warden shall have authoritySubordinate officers. to appoint such subordinate officers, guards, and employees as are necessary for the proper management and safe-keeping of prisoners, which may be authorized by law, subject to the approval of the chief justice of the supreme court of the District.
Sec. 1190. Supreme court of the District of Columbia to make rules.Rules for government of prisoners.—It shall be the duty of the supreme court of the District to make such rules for the government and discipline of the prisoners confined in the jail as shall be deemed necessary for the health, security, and the protection of such prisoners from cruel treatment by any per-son in charge thereof. Sec. 1197. Annual report.—The warden shall annually, in theAnnual report of warden. month of November, make a detailed report to the Attorney-General.
Sec. 1198. Execution in capital cases—Whenever any personExecution in capital cases. confined in the jail is adjudged to suffer death, it shall be the duty of the warden to carry such judgment into execution. Sec. 1199. Mode of execution.—The manner of inflicting the punishment—mode. of death shall be by hanging. Sec. 1200. Place of execution. -Persons adjudged to suffer death—place. shall be executed within the walls of the jail of the District, or within the yard or inclosure thereof, and not elsewhere.
Sec. 1201. Officers to attend.—It shall be the duty of the warden—officers to attend. or one of his deputies, with such officers of the prison, constables, and other peace officers as the warden or deputy may deem necessary and proper, to attend at such execution. Sec. 1202. Who may be present.—The warden or his deputy shall—who may be present. invite the district attorney, the counsel of the prisoner, two or more physicians, and twelve respectable citizens to be present at every such execution, and at the request of the person to be executed shall also allow any of his near relatives and any ministers of the gospel (not more than three) to be present thereat.
Sec. 1203. Who may not be present.—No persons other than—who may not be present. those mentioned in the two preceding sections, and no person whatever under the age of twenty-one years, shall be allowed to witness any such execution. 1380 Sec. 1204. Subsistence of prisoners.Subsistence of prisoners.—There shall be allowed and paid by the Attorney-General for the subsistence of prisoners in the custody of any marshal of the United States and the warden of the jail in the District of Columbia such sum as it reasonably and actually costs to subsist them.
And it shall be the duty of the Attorney--General to prescribe such regulations for the government of the marshals and the warden of the jail in the District of Columbia in relation to their duties under this chapter as will enable him to determine the actual and reasonable expenses incurred. Chapter Thirty-Six. JOINT CONTRACTS.Joint contracts. What contracts joint and several.Sec. 1205. What contracts joint and several.—Every contract and obligation entered into by two or more persons, whether partners or merely joint contractors, whether under seal or not, and whether written or verbal, and whether expressed to be joint and several or not, shall for the purposes of suit thereupon be deemed joint and several.
Death of joint contractor.Sec. 1206. Death of joint contractor.—If one or more of such persons shall die his or their executors, administrators, or heirs shall be bound by said contract in the same manner and to the same extent as if the same were expressed to be joint and several. Merger.Sec. 1207. Merger.—If an action be brought against all the parties to such contract, but service of process is had against some only of the defendants, or an action is brought against and service had on some only of the parties, a judgment against the parties so served shall not work an extinguishment or merger of the cause of action on which such judgment is founded as respects the parties not so served, but they shall remain liable to be sued separately.
Death after suit brought.Sec. 1208. Death after suit brought.—If any one of several defendants in an action shall die after the commencement of the action, his legal representatives may be made parties thereto as directed in chapter two aforesaid. Evidence.Sec. 1209. Evidence.—In actions ex contract against alleged joint debtors it shall not be necessary for the plaintiff to prove their joint liability as alleged in order to maintain his action, but he shall be entitled to recover, as in actions ex delicto, against such of the defend-ants as shall be shown by the evidence to be jointly indebted to him, or against one only, if be alone is shown to be indebted to him, and judgment shall be rendered as if the others had not been joined in the suit.
Separate compromise.Sec. 1210. Separate compromise.—Any one of several joint debtors, when their debt is overdue, may make a separate composition or com-promise with their creditors, with the same effect as is provided in the case of parties in chapter forty-seven, on partners. Chapter Thirty-Seven. JOINDER OF PARTIES AND CAUSES OF ACTION.Joinder of parties and causes of action. Sec. 1211. Where money is payable by two or more persons jointly or severally or jointly and severally upon the same obligation or instrument. one action may be sustained and judgment recovered against all or any of the parties by whom the money is payable, at the option of the plaintiff: but if separate actions be brought unnecessarily against the several parties to such contract, the said actions may on motion be consolidated, and the plaintiff shall be allowed the costs of one action only. 1381 Chapter Thirty-Eight.
JUDGMENTS AND DECREES.Judgments and decrees. Sec. 1212. Limitations—Every final judgment at common law andLimitations. every final decree, in equity for the payment of money rendered in the supreme court of the District, and every judgment of a justice of the peace certified to and docketed in the clerk’s office of the said supreme court, as herein elsewhere directed, shall be good and enforceable, by an execution issued thereon, for the period of twelve years only from the date when an execution might first be issued thereon, or from the date of the last revival thereof under scire facias, except as provided in the next section; but the time during which the judgment creditor is stayed by agreement, or injunction, or other order, or by the operation of an appeal from enforcing the judgment is not to be computed as part of said period of twelve years.
Sec. 1213. Expiration of judgment or decree.—At the expirationExpiration of judgment or decree. of said period of twelve years the said judgment or decree shall cease to have any operation or effect, and no action shall be brought on the same nor any scire facias or execution issued on the same thereafter; but this provision shall in no wise affect any proceeding that may be then pending for the enforcement of the said judgment or decree. Sec. 1214. Lien of judgment or decree.—Every final judgmentLien of judgment or decree. at common law and every unconditional final decree in equity for the payment of money from the date when the same shall be rendered, every judgment of a justice of the peace when docketed in the clerk’s office of the supreme court of the District of Columbia, and every recognizance taken by said supreme court, or a justice thereof, from the time when it shall be declared forfeited, shall be a lien on all the freehold and leasehold estates, legal and equitable, of the defendants bound by such judgment, decree, or recognizance, in any lands, tenements, or hereditaments in the District, whether such estates be in possession or be reversions or remainders, vested or contingent.
And—forfeited recognizance, police court. any recognizance taken in the police court, after being forfeited, may be transmitted to the clerk’s office of said supreme court and therein docketed in the same manner as the judgment of a justice of the peace as aforesaid, and thereupon shall have the same effect as if taken in the said supreme court; and said lien shall continue as long as such judgment,—duration of lien. decree, or recognizance shall be in force or until the same shall be satisfied or discharged.
Sec. 1215. Scire facias.—If during the period of twelve years fromScire facias. the rendition of the judgment or decree, or from judgment upon a scire facias thereon, the creditor shall cause a scire facias to be issued upon the judgment or decree and a fiat shall be issued thereupon, the effect of such fiat shall be to extend the effect and operation of said judgment or decree with the lien thereby created and all the remedies for the enforcement of the same for the period of twelve years from the date of such fiat.
Sec. 1216. Lien of mortgage.—Where real property is soldLien of mortgage. and conveyed and. at the same time, a mortgage or deed of trust thereupon is given by the purchaser to secure the payment of the whole or any part of the purchase money, the lien of the said mortgage or deed of trust on the property shall be superior to that of a previous judgment or decree against the purchaser. Sec. 121. 7. Docket.—The clerk of said supreme court shall keepDocket. and maintain a docket, to be known as the judgment docket, in which shall be entered the titling of every cause and proceeding in which any judgment or decree may be entered or any recognizance taken, as aforesaid, including recognizances transmitted from the police court, 1382 as aforesaid, with a minute of the dates and amounts thereof, and said judgments, decrees, and recognizances shall be indexed in the names of all the principals and sureties bound thereby.
Chapter Thirty-Nine. LANDLORD AND TENANT.Landlord and tenant.Joinder of parties and causes of action. When notice to quit unnecessary.Sec. 1218. When notice to quit not necessary.—When real estate is leased for a certain term no notice to quit shall be necessary, but the landlord shall be entitled to the possession, without such notice, immediately upon the expiration of the term. Notices to quit.Sec. 1210. Notices to quit.—A tenancy from month to month, or from quarter to quarter, may be terminated by thirty days’ notice in writing from the landlord to the tenant to quit, or by such a notice from the tenant to the landlord of his intention to quit, said notice to expire, in either case, on the day of the month from which such tenancy commenced to run.
Tenancy at will.Sec. 1220. Tenancy at wile.—A tenancy at will maybe terminated by thirty days’ notice in writing by either landlord or tenant. Tenancy by sufferance.Sec. 1221. Tenancy by sufferance.—A tenancy by sufferance may be terminated at any time by a notice in writing from the landlord to the tenant to quit the premises leased, or by such notice from the ten- ant to the landlord of his intention to quit on the thirtieth day after the day of the service of the notice. If such notice expires before any periodical installment of rent fall due, according to the terms of the tenancy, the landlord shall be entitled to a proportionate part of such installment to the date fixed for quitting the premises.
Notice not to be recalled.Sec. 1222. Notice not to be recalled.—Neither landlord nor ten- ant. after giving notice as aforesaid, shall be entitled to recall the notice so given without the consent of the other party, but after the expiration of the notice given by the tenant as aforesaid the landlord shall be entitled to the possession as if he had given the proper notice to quit; and after the expiration of the notice given by the landlord as aforesaid the tenant shall be entitled to quit as if had given the proper notice of his intention to quit.
Sendee of notice.Sec. 1223. Service of notice. Every notice to the tenant to quit shall be served upon him personally, if he can be found, and if he cannot be found it shall be sufficient service of said notice to deliver the same to some person of proper age upon the premises, and in the absence of such tenant or person to post the same in some conspicuous place upon the leased premises. Refusal to quit, double rent.Sec. 1224. Refusal to quit, double rent.—If the tenant, after having given notice of his intention to quit as aforesaid, shall refuse, without reasonable excuse, to surrender possession according to such notice, he shall be liable to the landlord for rent at double the rate of rent payable according to the terms of tenancy for all the time that the tenant shall so wrongfully hold over, to be recovered in the same way as the rent accruing before the termination of the tenancy.
Ejectment or summary proceedings.Sec. 1225. Ejectment or summary proceedings.—Whenever a lease for any definite term shall expire, or any tenancy shall be terminated by notice as aforesaid, and the tenant shall fail or refuse to surrender possession of the leased premises, the landlord may bring an action of ejectment to recover possession in the supreme court of the District; or the landlord may bring an action to recover possession before a justice of the peace, as provided in chapter one, subchapter one, aforesaid.
Claims for arrears of rent and double rent may be joined with claim for recovery.Sec. 1226. Arrears of rent and double rent.—In either case the landlord may join with his claim for recovery of the possession of the leased premises a claim for all arrears of rent accrued to the termi 1383 nation of the tenancy, and, when the tenant has given the notice, for double rent from the termination of the tenancy to the verdict, or judgment, if the trial be by the court, for possession and for damages for waste: *Provided,* That in such action before a justice of the peaceProviso.—action before a Justice of the peace.Judgment. the amount so claimed shall be within his jurisdiction.
If judgment for possession be rendered in favor of the plaintiff, he shall be entitled, at the same time, to a judgment for said arrears of rent, and for said double rent, as the case may be, to the date of the verdict or judgment as aforesaid, and for damages for waste. Sec. 1227. Consolidation of actions.—If actions be brought separately,Consolidation of actions. either in said supreme court or before a justice of the peace, for arrears of rent and for the possession, they may be afterwards consolidated and one judgment rendered in them for the possession and also for the rent.
Sec. 1228. Plea of title.-—If, in such action to recover possessionPlea of title. before a justice of the peace, the defendant shall plead a title in him-self or in some person under whom he claims, not derived from the plaintiff, the further proceeding therein shall be as directed in said subchapter one of chapter one aforesaid. Sec. 1229. Lien for rent.—The landlord shall have a tacit lien forLien for rent. his rent upon such of the tenant’s personal chattels, on the premises, as are subject to execution for debt, to commence with the tenancy and continue for three months after the rent is due and until the termination of any action for such rent brought within said three months.
Sec. 1230. How enforced.——how enforced.The said lien may be enforced— First. By attachment, to be issued upon affidavit that the rent is due and unpaid: or, if it be not due, that the defendant is about to remove or sell some part of said chattels. Second. By judgment against the tenant and execution, to be levied on said chattels, or any of them, in whosesoever hands they may be found. Third. By action against any purchaser of said chattels, with notice of the lien, in which action the plaintiff may have judgment for the value of the chattels purchased by the defendant not exceeding the rent in arrear.
Sec. 1231. How attachment enforced.—Such attachment may beHow attachment enforced. issued in any action for the recovery of the possession of the leased premises by the landlord, in which the rent in arrear, or double rent, or both, shall be claimed as aforesaid, and it shall be lawful for any officer to whom the writ of attachment shall be delivered to be executed to break open an outer or inner door when necessary to the execution of the same. Sec. 1232. Appeal.—Either party against whom judgment is renderedAppeal. by a justice of the peace, in the action aforesaid by the landlord to recover possession of the leased premises, may appeal from such judgment, and such appeal shall be tried in the supreme court in the same manner in which appeals from justices of the peace are taken and tried in other cases. .
Sec. 1233. Undertaking on appeal.—In case of an appeal by theUndertaking on appeal. defendant his undertaking, in order to operate as a supersedeas, shall be an undertaking to abide by and pay the judgment rendered by the justice of the peace, if it shall be affirmed, together with the costs of the appeal, and to pay all intervening damages to the leased property and compensation for the use and occupation thereof, from the date of the judgment appealed from to the date of its affirmance; and in said undertaking the said defendant and his sureties, the latter submitting themselves to the jurisdiction of the court, shall agree that if the judgment be affirmed judgment may be rendered against them by the appellate court for the amount of the judgment so affirmed and the intervening damages, compensation, and costs aforesaid. 1384 Right of action of assignee of reversion.Sec. 1234.
Assignee of reversion.—The grantee or assignee of the reversion of any leased premises shall have the same right of action against the lessee, his personal representatives, heirs, or assigns, for rent or for any forfeiture or breach of any covenant or condition in the lease which the grantor or assignor might have had: and the assignee of the lessee shall have the same rights of action against the lessor, his grantee, or assignee, upon any covenants in the lease which the lessee might have had against the lessor.
Real and personal property leased together: judgment may be for both.Sec. 1235. Whenever real and personal property shall be leased together, as, for example, a house with the furniture contained therein, the landlord, either in an action of ejectment or in the summary proceeding for possession, before a justice of the peace, provided for in subchapter one of chapter one, may have a judgment for recovery of the personalty as well as for the recovery of the realty. Agreement as to notice.Sec. 1236.
Agreement as to notice.—Nothing herein contained shall be construed as preventing the parties to a lease, by agreement in writing, from substituting a longer or shorter notice to quit than is above provided or to waive all such notice. Chapter Forty. LIENS.Liens. Mechanic’s lien.Sec. 1237. Mechanic’s lien.—Every building erected, improved, added to, or repaired by the owner or his agent, and the lot of ground on which the same is erected, being all the ground used or intended to be used in connection therewith, or necessary to the use and enjoyment thereof, to the extent of the right, title, and interest, at that time existing, of such owner, whether owner in fee or of a less estate, or lessee for a term of years, or vendee in possession under a contract of sale, shall be subject to a lien in favor of the contractor with such owner or his duly authorized agent for the contract price agreed upon between them, or, in the absence of an express contract, for the reasonable value of the work and materials furnished for and about the erection, construction, improvement, or repair of or addition to such building, or the placing of any engine, machinery, or other thing therein or in connection therewith so as to become a fixture, though *Proviso.*—claimant to file notice.Notice of lien.capable of being detached: *Provided,* That the person claiming the lien shall tile the notice herein prescribed.
Sec. 1238. Notice.—Any such contractor wishing to avail himself of the provision aforesaid, whether his claim be due or not. shall tile in the office of the clerk of the supreme court of the District during the construction or within three months after the completion of such building, improvement, repairs, or addition, or the placing therein or in connection therewith of any engine, machinery, or other thing so as to become a fixture, a notice of his intention to hold a lien on the property hereby declared liable to such lien for the amount due or to become due to him, specifically setting forth the amount claimed, the name of the party against whose interest a lien is claimed, and a description of the property to be charged, and the said clerk shall tile said notice and record the same in a book to be kept for the purpose.
Subcontractor’s lien.Sec. 1239. Subcontractor.—Any person directly employed by the original contractor, whether as subcontractor, material man. or laborer, to furnish work or materials for the completion of the work contracted for as aforesaid, shall be entitled to a similar lien to that of the original contractor upon his filing a similar notice with the clerk of the supreme court of the District to that above mentioned, subject, however, to the conditions set forth in the following sections. —Conditions of, etc.Sec. 1240.
Conditions.—All such liens in favor of parties so employed by the contractor shall be subject to the terms and conditions of the original contract except such as shall relate to the waiver 1385of liens and shall be limited to the amount to become due to the original contractor and be satisfied, in whole or in part, out of said amount only: and if said original contractor, by reason of any breach of the contract on his part, shall be entitled to recover less than the amount agreed upon in his contract, the liens of said parties so employed by him shall be enforceable only for said reduced amount, and if said original contractor shall be entitled to recover nothing said liens shall not her enforceable at all.
Sec. 1241. Notice to owner.—The said subcontractor or other personNotice to owner is subcontractor. employed by the contractor as aforesaid, besides tiling a notice with the clerk of the supreme court as aforesaid, shall serve the same upon the owner of the property upon which the lien is claimed, by leaving a copy thereof with said owner or his agent, if said owner or agent be a resident of the District, or if neither can be found, by posting the same on the premises: and on his failure to do so, or until he—failure to notify. shall do so, the said owner may make payments to his contractor according to the terms of his contract, and to the extent of such payments the lien of the principal contractor shall be discharged and the amount for which the property shall be chargeable in favor of the par-ties so employed by him reduced.
Sec. 1242. Owner’s duty.—After notice shall be filed by said partyAfter notice, own er to retain amount of subcontractor’s claim, etc. employed under the original contractor and a copy thereof served upon the owner or his agent as aforesaid, the owner shall be bound to retain out of any subsequent payments becoming due to the contractor a sufficient amount to satisfy any indebtedness due from said contractor to the said subcontractor, or other person so employed by him, secured by lien as aforesaid, otherwise the said party shall be entitled to enforce his lien to the extent of the amount so accruing to the principal con-tractor.
Sec. 1243. Subcontractor entitled to know terms of con-tract.—Subcontractor entitled to know terms of contract.Any subcontractor or other person employed by the contractor as aforesaid shall be entitled to demand of the owner or his authorized agent a statement of the terms under which the work contracted for is being done and the amount due, or to become due to the contractor executing the same, and if the owner or his agent shall fail or refuse to give the said information, or willfully state falsely the terms of the contract or the amounts due or unpaid thereunder, the said property shall be liable to the lien of the said party demanding said information, in the same manner as if no payments had been made to the contractor before notice served on the owner as aforesaid.
Sec. 1244. Advance payments.—If the owner, for the purpose ofAdvance payments to defeat subcontract-or’s lien. avoiding the provisions hereof, and defeating the lien of the subcontractor or other person employed by the contractor, as aforesaid, shall make payments to the contractor in advance of the time agreed upon therefor in the contract, and the amount still due or to become due to the contractor shall be insufficient to satisfy the liens of the subcontractors or others so employed by the contractor, the property shall remain subject to said liens in the same manner as if such payments had not been made.
Sec. 1245. Priority of lien.—The lien hereby given shall be preferredPriority of lieu to all judgments, mortgages, deeds of trusts, liens, and incumbrances which attach upon the building or ground affected by said lien subsequently to the commencement of the work upon the building, as well as to conveyances executed, but not recorded, before that time, to which recording is necessary, as to third persons; except that nothing herein shall affect the priority of a mortgage or deed of trust given to secure the purchase money for the land, if the same be recorded within ten days from the date of the acknowledgment thereof.
When a mortgage or deed of trust of real estate securing advances thereafter to be made for the purpose of erecting buildings and improvements 1386 thereon is given, or when an owner of lands contracts with a builder for the sale of lots and the erection of buildings thereon, and agrees to advance moneys toward the erection of such buildings, the lien herein-before authorized shall have priority to all advances made after the filing of said notices of lien, and the lien shall attach to the right, title, and interest of the owner in said building and land to the extent of all advances which shall have become due after the filing of such notice of such lien, and shall also attach to and be a lien on the right, title, and interest of the person so agreeing to purchase said land at the time of the filing of said notices of lien.
When a building shall be erected or repaired by a lessee or tenant for life or years, or a person having an equitable estate or interest in such building or land on which it stands, the lien created by this act shall only extend to and cover the interest or estate of such lessee, tenant, or equitable owner. Lien enforced by bill in equity: contents of.Sec. 1246. How lien enforced.—The proceeding to enforce the lien hereby given shall be a bill in equity, which shall contain a brief statement of the contract on which the claim is founded, the amount due thereon, the time when the notice was filed with the clerk, and a copy thereof served on the owner or his agent, if so served, and the time when the building or the work thereon was completed, with a description of the premises and other material facts; and shall pray that the premises he sold and the proceeds of sale applied to the satisfaction—parties, etc. of the lien.
If such suit be brought by any person entitled, other than the principal contractor, the latter shall be made a party defendant, as well as all other persons who may have filed notices of liens, as aforesaid. All or any number of persons having liens on the same property may join in one suit, their respective claims being distinctly stated in separate paragraphs; and if several suits are brought by different claimants and are pending at the same time, the court may order them to be consolidated.
Decree of sale.Sec. 1247. Decree of sai.e.—If the right of the complainant, or of any of the parties to the suit, to the lien herein provided for shall be established, the court shall decree a sale of the land and premises or the estate and interest therein of the person who, as owner, contracted for the erection, repair, improvement of, or addition to the building, as aforesaid. Subcontractor preferred to contractor.Sec. 1248. Subcontractor preferred to contractor.—If the original contractor and the persons contracting or employed under him shall both have filed notices of liens, as aforesaid, the latter shall first be satisfied out of the proceeds of sale before the original con-tractor, but not in excess of the amount due him, and the balance, if any, of said amount shall be paid to him.
Distribution.Sec. 1249. Distribution.—If one, or some only, of the persons employed under the original contractor shall have served notice on the owner, as aforesaid, before payments made by him to the original con-tractor, said party or parties shall be entitled to priority of satisfaction out of said proceeds to the amount of such payments: but, subject to this provision, if the proceeds of side, after paying there out the costs of the suit, shall be insufficient to satisfy the liens of said parties employed under the original contractor the said proceeds shall be distributed ratably among them to the extent of the payments accruing to the original contractor subsequently to the service of notice on the owner by said parties, as aforesaid.
Several buildings.Sec. 1250. Several buildings.—In case of labor done or materials furnished for the erection or repair of two or more buildings joined together and owned by the same person or persons, it shall not be necessary to determine the amount of work done or materials furnished for each separate building, but only the aggregate amount upon all the buildings so joined, and the decree may be for the sale of all 1387 the buildings and the land on which they are erected as one building, or they may be sold separately if it shall seem best to the court.
Sec. 1251. When suit to be commenced.—Any person entitledWhen suit to be commenced. to a lien, as aforesaid, may commence his suit to enforce the same at any time within a year from and after the filing of the notice aforesaid or within six months from the completion of the building or repairs aforesaid, on his failure to do which the said lien shall cease to exist, unless his said claim be not due at the expiration of said periods, in which case the action must be commenced within three months after the said claim shall have become due.
Sec. 1252. Extent of ground bound by lien.—If there be anyExtent of ground bound by lien. contest as to the dimensions of the ground claimed to be subjected to the lien aforesaid, the court shall determine the same upon the evidence and describe the same in the decree of sale. Sec. 1253. Entry of satisfaction.—Whenever any person havingEntry of satisfaction. a lien by virtue hereof shall have received satisfaction of his claim and cost, he shall, on the demand, and at the cost of the person interested, enter said claim satisfied, in the clerk’s office aforesaid, and on his failure or refusal so to do he shall forfeit fifty dollars to the party aggrieved, and all damages that the latter may have sustained by reason of such failure or refusal.
Sec. 1254. Payment into court and release.—In any suit toPayment into court to effect release. enforce a lien hereunder, the owner of the building and premises to which such lien may have attached, as aforesaid, may be allowed to pay into court the amount claimed by the lien or, and such additional amount, to cover interest and costs, as the court may direct, or he—or bond to pay judgment. may file a written undertaking, with two or more sureties, to be approved by the court, to the effect that he and they will pay the judgment that may be recovered and costs, which judgment shall be—notice. rendered against all the persons so undertaking.
On the payment of said money into court, or the approval of such undertaking, the property shall be released from such lien, and any money so paid in shall be subject to the final decree of the court. No such undertaking shall be approved by the court until the complainant shall have had at least two days’ notice of the, defendant’s intention to apply to the court therefor, which notice shall give the names and residences of the per-sons intended to be offered as sureties and the time when the motion for such approval will be made, and such sureties shall make oath, if required, that they are worth, over and above all debts and liabilities, double the amount of said lien.
The complainant may appear and object to such approval. Sec. 1255. Undertaking to discharge liens before suit.— Undertaking to discharge liens before suit.Such an undertaking as above mentioned may be offered before any suit brought in order to discharge the property from existing liens, in which case notice shall be given as aforesaid to the parties whose liens it is sought to have discharged, and the same proceedings shall be had as above directed in relation to the undertaking to be given after the commencement of the suit, and said undertaking shall be to the effect that the owner and his said sureties will pay any judgment that may be rendered in any suit that may thereafter be brought for the enforcement of said lien.
Sec. 1250. Decree against sureties—If such undertaking beDecree against sureties. approved before any suit brought, such suit shall be a suit in equity against the owner, to which the sureties may be made parties; if the undertaking be approved after suit brought, the said sureties shall ipso facto become parties to the suit, and in either case the decree of the court shall be against the sureties as well as the owner. Sec. 1257. No action by subcontractor against owner.—NoNo action by subcontractor against owner. subcontractor, material man, or workman employed under the original 1388 contractor shall be entitled to a personal judgment or decree against the owner of the premises for the amount due to him from said original contractor, except upon a special promise of such owner, in writing, for a sufficient consideration, to be answerable for the same.
Judgment for deficiency upon a sale.Sec. 1258. Judgment for deficiency upon a sale.—In any suit brought to enforce a lien by virtue of the provisions aforesaid, if the proceeds of the property affected thereby shall be insufficient to satisfy such lien, a personal judgment for the deficiency may be given in favor of the lien or against the owner of the premises or the original con- tractor, as the case may be, whichever contracted with him for the labor or materials furnished by him, provided such person be a party to the suit and shall have been personally served with process therein.
Lien on wharves and lots.Sec. 1259. Wharves and lots.—Any person who shall furnish materials or labor in tilling up any lot or in constructing any wharf thereon, or dredging the channel of the river in front of any wharf, under any contract with the owner, shall be entitled to a lien for the value of such work or materials on said lot and wharf upon the same conditions and to be enforced in the same manner as in the case of work done in the erection of buildings, as hereinbefore provided.
Lien for repairing personal property.Sec. 1260. Other liens.—Any mechanic or artisan who shall make, alter, or repair any article of personal property at the request of the owner shall have a lien thereon for his just and reasonable charges for his work done and materials furnished, and may retain the same in his possession until said charges are paid; but if possession is parted with by his consent such lien shall cease. Lien of innkeeper.Sec. 1261. Innkeeper.—Every innkeeper, keeper of a boarding house, or house of private entertainment shall have a lien upon and may retain possession of the baggage and effects of any guest or boarder for the amount which may be due him from such guest for board and lodging until such amount is paid. —of liveryman.Sec. 1262.
Liveryman.—It shall be lawful for all persons keeping or boarding any animals at livery within the District, under any agreement with the owner thereof, to detain such animals until all charges under such agreement for the care, keep, or board of such animals *Proviso.*—notice.shall have been paid: *Provided, however,* That notice in writing shall first be, given to such owner in person or at his last known place of residence of the amount of such charges and the intention to detain such animal or animals until such charges shall be paid.
Enforcement by sale.Sec. 1263. Enforcement by sale.—If the amount due and for which a lien is given by any of the last three sections is not paid after the end of a month after the same is due, and the property bound by said lien does not exceed the sum of fifty dollars, then the party entitled to such lien, after demand of payment upon the debtor, if he be within the District, may proceed to sell the property so subject to lien at public auction, after giving notice once a week for three successive weeks in some daily newspaper published in the District, and the proceeds of such sale shall be applied, first, to the expenses of such sales and the discharge of such lien, and the remainder, if any, shall be paid over to the owner of the property.
Enforcement by bill in equity.Sec. 1264. Enforcement by bill in equity.—If the value of the property so subject to lien shall exceed the sum of fifty dollars, the proceeding to enforce such lien shall be by bill or petition in equity, and the decree, which shall be rendered according to the due course of proceedings in equity, besides subjecting the thing upon which the lien was attached to sale for the satisfaction of the plaintiff’s demand, shall adjudge that the plaintiff recover his demand against the defend- ant from whom such claim is due, and may have execution therefor as at law. 1389 Chapter Forty-One.
LIMITATION OF ACTIONSLimitation of actions. Sec. 1265. Periods of limitations—No action shall be brought Periods of limitations for recovery of lands; actions on bonds, etc.for the recovery of lands, tenements, or hereditaments after fifteen years from the time the right to maintain such action shall have accrued; nor on any executor’s or administrator’s bond after five years from the time of the right of action accrued thereon: nor on any other bond or single bill, covenant, or other instrument under seal after twelve years after the accruing of the cause of action thereon; nor upon any simple contract, express or implied, or for the recovery of damages for any injury to real or personal property, or for the recovery of personal property or damages for its unlawful detention after three years from the time when the right to maintain any such action shall have accrued; nor for any statutory penalty or forfeiture, or for libel, slander, assault, battery, mayhem, wounding, malicious prosecution, false arrest or false imprisonment after one year from the time when the right to maintain any such action shall have accrued; and no action —on other actions.the limitation of which is not otherwise specially prescribed in this section shall be brought after three years from the time when the right to maintain such action shall have accrued: *Provided*, That if any person *Proviso.*Persons under disability when right of action accrues.entitled to maintain any of the actions aforesaid shall be at the time of the accruing of such right of action under twenty-one years of age, non compos mentis, or imprisoned, such person or his proper representative shall be at liberty to bring such action within the respective times in this section limited after the removal of such disability, except that where any person entitled to maintain an action for the recovery of lands, tenements, or hereditaments, or upon any instrument under seal, shall be at the time, such right of action shall accrue under any of the disabilities aforesaid, such person or his proper representative may bring such action within five years after the removal of such disability, and not thereafter.
Sec. 1266. Suits against decedents' estates.—In suits against Suits against decedent’s estates.the estate of a deceased person, in computing the time of limitation the interval between the death of the deceased and the granting of letters testamentary or of administration shall not be counted as part of said time of limitation. Sec. 1267. Foreign judgments—Every action upon a judgment or Foreign judgments.decree rendered in any State or Territory of the United States or in any foreign country shall be barred if by the laws of such State.
Territory, or foreign country such action would there be barred and the judgment or decree be incapable of being otherwise enforced there; and whether so barred or not, no action shall be brought in the District on any such judgment or decree rendered more than ten years before the commencement of such action. Sec. 1268. Action by the United States.—None of the provisions Action by the United States.aforesaid shall apply to any action in which the United States is the real and not merely the nominal plaintiff.
Sec. 1269. Absence of defendant.—If, when a cause of action Absence of defendant.accrues against a person who is a resident of the District of Columbia, he is out of the District or has absconded or concealed himself, the period limited for the bringing of the action shall not begin to run until he comes into the District or while he is so absconded or concealed; and if after the cause of action accrues he abscond or conceal himself, the time of such absence or concealment shall not be computed as any part of the period within which the action must be brought.
Sec. 1270. Action stayed by injunction.—Where the bringing of Action stayed by injunction.an action hits been stayed by an injunction or other order of a court 1390of justice, or by statutory prohibition, the time of such stay shall not be part of the time limited for the commencement of the action. Sec. 1271. New promise to be in writing.New promise to be in writing, and so forth.—In actions of debt or upon the case grounded upon any simple contract, no acknowledgment or promise by words only shall be deemed sufficient evidence of a new or continuing contract whereby to take any ease out of the operation of the statute of limitations or to deprive any party of the benefit thereof unless such acknowledgment or promise shall be, made or contained by or in some writing to be signed by the party chargeable thereby *Provisos.*Payments.*Provided*, That nothing herein contained shall alter or take away, or lessen the effect of any payment of any principal or interest made by any person whatsoever: *Provided, also,* Judgment may be against one of several joint contractors, etc.That in actions to be commenced against two or more joint contractors, or executors, or administrators, if it shall appear at the trial, or otherwise. that the plaintiff, though barred by the statute of limitations as to one or more of such joint contractors, or executors, or administrators, shall nevertheless be entitled to recover against any other or others of the defendants by virtue of a new acknowledgment or promise or otherwise, judgment may be given for the plaintiff as to such defendant or defendants against whom he shall recover.
No indorsement or memorandum of any payment hereafter written or made upon any promissory note, bill of exchange, or other writing, by or on behalf of the party to whom such payment shall purport to be made, shall be deemed sufficient proof of such payment so as to take the case out of the operation of the statute of limitations. Sec. 1272. Directions as to debts in a will.Directions as to debts in a will.—No provision in the will of a testator devising his real estate, or any part thereof, subject to the payment of his debts, or charging the same therewith, shall prevent the statute of limitations from operating against such debts, unless it plainly appears to be the testator's intention that it shall not so operate.
Chapter Forty-Two. Mandamus.MANDAMUS. Sec. 1273. —how applied for.How applied for.—All applications for granting writs of mandamus shall be commenced by petition, verified by affidavit of the applicant, setting forth fully the ground of his application. Sec. 1274. Rule on defendant.Rule on defendant.—Upon the filing of such petition the court may lay a rule requiring the defendant therein named to show cause, within such time as the court may deem proper, why a writ of mandamus should not issue as prayed, a copy of which ride shall be served upon such defendant by a day to be therein limited.
Sec. 1275. Defendant’s answer.Defendant's answer.—The defendant, by the day named in such order, unless for cause shown the court shall extend the time, shall tile an answer to such petition, fully setting forth all the defenses upon which he intends to rely in resisting such application, which shall be verified by his affidavit. Sec. 1276. Pleadings and further proceedings.Pleadings and further proceedings.—The petitioner may plead to or traverse all or any of the material averments set forth in said answer, and the defendant shall take issue or demur to said plea or traverse within five days thereafter: and such further proceedings shall thereupon be had in the premises for the determination thereof as if the petitioner had brought an action for a false return.
Sec. 1277. Time of trial of issue.Time of trial of issue.—If issue shall be joined on such proceedings, the same shall stand for trial at as early a day as the court shall appoint. Sec. 1278. Trial.Trial.—Such issues shall be tried by a jury if both parties in writing require it, otherwise they shall be heard and determined by the court; and in ease a verdict shall be found for the petitioner, or if 1391the court upon hearing determine for the petitioner, or judgment be given for him upon demurrer or for want of a plea, such petitioner shall thereupon recover his damages and costs as he might have done in an action for a false return, to be levied by execution, and a per emptory writ of mandamus shall be granted thereupon without delay against the defendant.
Sec. 1279. Judgment for defendant.—If judgment shall be given Judgment for defendant.for the defendant he shall recover his costs of suit, to be levied in the manner aforesaid. Sec. 1280. Defendant’s default.—If the defendant shall neglect Defendant’s default: ex parte hearingto tile his answer to the petition by the day named in the order of the court, after being served with notice thereof, the said court shall there-upon proceed to hear the said petition ex parte, within five days there-after, and if it shall be of opinion that the facts and law of the case authorize the granting of a mandamus as prayed, it shall thereupon without delay order a peremptory mandamus to issue, and shall also adjudge to the petitioner his costs of suit.
Sec. 1281. If the court shall, upon such ex parte hearing, be of —dismissalopinion that the facts and law of the case do not authorize the granting of a mandamus, it shall dismiss such petition with costs. Sec. 1282. Appeal.—In case of an appeal by the defendant the court Appeal.shall fix the penalty of the appeal bond necessary to be given to stay the execution or enforcement of the order appealed from. Chapter Forty-Three. MARRIAGE.Marriage Sec. 1283. Prohibitions.—The following marriages are prohibited Prohibitions—void ab initioin the District of Columbia and shall be absolutely void and initio, with-out being so decreed, and their nullity may be shown in any collateral proceedings, namely:
First. The marriage of a man with his grandmother, grandfather’s wife, wife’s grandmother, father’s sister, mother’s sister, mother, stepmother, wife’s mother, daughter, wife’s daughter, son’s wife, sister, son's daughter, daughter’s daughter, son's son’s wife, daughter’s son’s wife, wife’s son’s daughter, wife’s daughter’s daughter, brother’s daughter, sister’s daughter. Second. The marriage of a woman with her grandfather, grand-mother’s husband, husband’s grandfather, father’s brother, mother’s brother, father, stepfather, husband’s father, son, husband’s son. daughter's husband, brother, son's son, daughter's son, son’s daughter’s husband, daughter’s daughter’s husband, husband’s son’s son, husband’s daughter’s son, brother’s son, sister’s son.
Third. The marriage of any persons either of whom has been previously married and whose previous marriage has not been terminated by death or a decree of divorce. Sec. 1284. Marriage may be decreed to be void.—Any of such —marriage may also be decreed to be void.marriages may also be declared to have been null and void by judicial decree. Sec. 1285. When void from date of decree.—The following When void from date of decree.marriages in said District shall be illegal, and shall be void from the time when their nullity shall be declared by decree, namely:
First. The marriage of an idiot or of a person adjudged to be a lunatic. Second. Any marriage the consent to which of either party has been procured by force or fraud. Third. Any marriage either of the parties to which shall be incapable, from physical causes, of entering into the married state. 1392 Sec. 1286. By whom proceedings to nullify he brought.By whom suit brought.—A proceeding to declare the nullity of a marriage may be instituted in the case of an infant under the age of consent by such infant, through a next friend, or by the parent or guardian of such infant: and in the case of an idiot or lunatic by next friend.
But no such proceedings shall be allowed to be instituted by any person who, being fully capable of contracting a marriage, has knowingly and willfully contracted any marriage declared illegal by the foregoing sections. Sec. 1287. Marriage out of District.Marriage out of District.—If any marriage declared illegal by the aforegoing sections shall be entered into in another jurisdiction by persons having and retaining their domicile in the District of Columbia, such marriage shall be deemed illegal, and may be decreed to be void in said District in the same manner as if it had been celebrated therein.
Sec. 1288. By whom marriage ceremony performed.By whom marriage ceremony performed.—For the purpose of preserving the evidence of marriages in the District, every minister of the gospel appointed or ordained according to the rites and ceremonies of his church, whether his residence be in the District or elsewhere in the United States or the Territories, may be authorized by any justice of the supreme court of the District of Columbia to celebrate marriages in the District. And marriages may be celebrated in the District by any justice of the peace or by any judge or justice of any court of record.
Sec. 1289. Unauthorized marriage.Unauthorized marriage.—If anyone except a minister or other person authorized by the foregoing section shall hereafter celebrate the rites of marriage in said District, he shall be subject to the penalty prescribed in the following section. Sec. 1290. Celebrant to have license: penalty.License.—No person authorized hereby to celebrate the rites of marriage shall do so in any case without first having delivered to him a license therefor issued from the clerk's office of said supreme court, under a penalty of not more than five hundred dollars, in the discretion of the court, to be recovered upon information in the police court of the district.
Sec. 1291. Clerk to examine applicant, etc.Duty of clerk.—It shall be the duty of the clerk of the supreme court before issuing any license to solemnize a marriage to examine any applicant for said license under oath and to ascertain the names, ages, and color of the parties desiring to marry, and if they are under age the names of their parents or guardians, whether they were previously married, whether they are related or not. and if so, in what degree, which facts shall appear on the face of the application, of which the clerk shall provide a printed form, and any false swearing in regard to such matters shall be deemed perjury.
Sec. 1292. Consent of parent or guardian.Consent of parent or guardian.—If any male person intending to marry and seeking a license therefor shall be under twenty-one years of age, or any female so intending shall be under eighteen years of age. and shall not have been previously married, the said clerk shall not issue such license unless the father of such per-son, or, if there be no father, the mother, or, if there he neither father nor mother, the guardian, if there be such, shall consent to such pro-posed marriage, either personally to the clerk, or by an instrument in writing attested by a witness and proved to the satisfaction of the clerk.
Sec. 1293. Form of license.Form of license.—Licenses to perform the marriage ceremony shall be in the following form: 1393 Sec. 1294. Duty of minister or other person celebrating marriage.—penalty.—Any minister or other person, having solemnized the rites of marriage under the authority of a license issued as aforesaid, who shall fail to make return as therein required, shall be liable to a penalty of fifty dollars upon conviction of said failure upon information in the police court of said district.
Sec. 1295. Record.—The clerk of the said court shall provide a Record of licenses.record book in his office, consisting of applications and licenses in blank, to be tilled up by him with the names and residences of the par-ties for whose marriage any license may have been issued, said applications and licenses to be numbered consecutively from one upward; and also a record book in which shall be recorded, in the order of their —of certificates, etc.numbers, the certificates of the minister or other persons authorized, upon their return to said office, corresponding to said record book of licenses issued, and a copy of any license and certificate of marriage so kept and recorded, certified by the clerk under his hand and seal, shall be competent evidence of the marriage.
Sec. 1296. Slave marriages.—All colored persons in the District Slave marriages deemed valid.who, previous to their actual emancipation, had undertaken and agreed to occupy the relation to each other of husband and wife, and were cohabiting together as such or in any way recognizing the relation as existing on the twenty-fifth day of July, eighteen hundred and sixty- six, whether the rites of marriage have been celebrated between them or not, are deemed husband and wife, and are entitled to all the rights and privileges and subject to the duties and obligations of that relation in like manner as if they had been duly married according to law.
All —children legitimate.the children of such persons shall be deemed legitimate, whether born before or after the date mentioned. When such parties have ceased to cohabit before such date, in consequence of the death of the woman 1394or from any other cause, all the children of the woman recognized by the man to be his shall be deemed legitimate. Sec. 1297. Children of colored persons married according to local customs may inherit, etc.Colored persons.—The issue of any marriage of colored persons contracted and entered into according to any custom prevailing at the time in any of the States wherein the same occurred shall, for all purposes of descent and inheritance and the transmission of both real and personal property within the District of Columbia, be deemed and held to be legitimate and capable of inheriting and transmitting inheritance, and taking as next of kin and distributes according to law. from and to their parents or either of them, and from and to those from whom such parents or either of them may inherit or transmit inheritance, anything in the laws of such State to the contrary —implication as to such marriage.notwithstanding: *Provided,* That nothing herein shall be construed as implying that any such marriage is not valid or such issue legitimate for all other purposes.
Chapter Forty-Four. Name, change of.NAME, CHANGE OF. Sec. 1298. —filing petition.Proceeding for change of name.—Any person of full age. being a resident of the District and desirous to have his name changed, may file a petition in the supreme court setting forth the reasons therefor and also the name desired to he assumed. Sec. 1299. —notice, publication of.Notice.—Notice of the tiling of such petition, containing the substance and prayer thereof, shall be published for three consecutive weeks in some newspaper in general circulation published in the District prior to the hearing of the petition.
Sec. 1300. Decree.Decree.—The court, or the justice holding an equity term thereof, on proof of such notice and upon such showing as may be deemed satisfactory, may change the name of the applicant according to the prayer of the petition. Chapter Forty-Five. Negligence causing death.NEGLIGENCE CAUSING DEATH. Sec. 1301. Liability.Liability.-—Whenever by an injury done or happening within the limits of the District of Columbia the death of a person shall be caused by the wrongful act, neglect, or default of any person or corporation, and the act. neglect, or default is such as would, if death had not ensued, have entitled the party injured, or if the person injured be a married woman, have entitled her husband, either separately or by joining with the wife, to maintain an action and recover damages, the person who or corporation which would have been liable if death had not ensued shall be liable to an action for damages for such *Provisos*.death, notwithstanding the death of the person injured, even though the death shall have been caused under circumstances which constitute a felony: and such damages shall he assessed with reference to the injury resulting from such act, neglect, or default causing such death, to the widow and next of kin of such deceased person:
Amount recoverable limited.Recovery during 1ife of party a bar to action.*Provided,* That in no case shall the recovery under this act exceed the sum of ten thousand dollars: *And provided further,* That no action shall be maintained under this chapter in any case when the party injured by such wrongful act, neglect, or default has recovered dam-ages therefor during the life of such party. Sec. 1302. By whom suit to be brought.By whom suit to be brought.—Every action shall be brought by and in the name of the personal representative of such deceased person, and within one year after the death of the party injured. 1395 Sec. 1303.
Distribution of damages.—The damages recovered in Distribution of damages.such action shall not be appropriated to the payment of the debts or liabilities of such deceased person, but shall inure to the benefit of his or her family and be distributed according to the provisions of the statute of distribution in force in the said District of Columbia. Chapter Forty-Six. NEGOTIABLE INSTRUMENTS.Negotiable instruments. Sec. 1304. Definitions.—In this chapter, unless the context otherwise Definitions.requires— “Acceptance” means an acceptance completed by delivery or notification.
“Action” includes counterclaim and set-off. “Bank” includes any person or association of persons carrying on the business of banking, whether incorporated or not. “Bearer” means the person in possession of a bill or note which is payable to bearer. “Bill” means bill of exchange, and “note” means negotiable promissory note. “Delivery” means transfer of possession, actual or constructive, from one person to another. “Holder” means the payee or indorsee of a bill or note, who is in possession of it, or the bearer thereof.
“Indorsement” means an indorsement completed by delivery. “Instrument” means negotiable instrument. “Issue” means the first delivery of the instrument, complete in form, to a person who takes it as a holder. “Person” includes a body of persons, whether incorporated or not. “Value” means valuable consideration. “Written” includes printed, and “writing” includes print. The person “primarily” liable on an instrument is the person who by the terms of the instrument is absolutely required to pay the same.
All other parties are “secondarily” liable. In determining what is a “reasonable time” or an “unreasonable time” regard is to be had to the nature of the instrument, the usage of trade or business, if any, with respect to such instruments, and the facts of the particular case. Where the day or the last day for doing any act herein required or Where last day falls on holiday.permitted to be done falls on Sunday or on a holiday, the act may be done on the next succeeding secular or business day.
In any case not provided for in this act the rules of the law merchant Law merchant.shall govern. Sec. 1305. When negotiable.—An instrument to be negotiable When instrument negotiable.must conform to the following requirements: First. It must be in writing and signed by the maker or drawer. Second. It must contain an unconditional promise or order to pay a certain sum in money. Third. It must be payable on demand or at a fixed or determinable future time. Fourth. It must be payable to order or to bearer; and, Fifth.
Where the instrument is addressed to a drawee he must be named or otherwise indicated therein with reasonable certainty. Sec. 1306. Sum payable.—The sum payable is a sum certain within Certainty as to sum.the meaning hereof, although it is to be paid— First. With interest; or, Second. By stated installments: or, Third. By stated installments, with a provision that upon default 1396in payment of any installment or of interest the whole shall become due: or. Fourth. With exchange, whether at a fixed rate or at the current rate: or.
Fifth. With costs of collection or an attorney’s fee, in case payment shall not be made at maturity. Sec. 1307. When promise is unconditional.When promise is unconditional.—An unqualified order or promise to pay is unconditional within the meaning hereof, though coupled with— First. An indication of a particular fund out of which reimbursement is to be made, or a particular account to be debited with the amount: or. Second. A statement of the transaction which gives rise to the instrument.
But an order or promise to pay out of a particular fund is not unconditional. Sec. 1308. Time of payment.Time of payment.—An instrument is payable at a determinable future time, within the meaning hereof, which is expressed to be payable— First. At a fixed period after date or sight: or, Second. On or before a fixed or determinable future time specified therein: or, Third. On or at a fixed period after the occurrence of a specified event which is certain to happen, though the time of happening be uncertain.
An instrument payable upon a contingency is not negotiable, and the happening of the event does not cure the defect. Sec. 1309. Additional provisions not affecting negotiability.Promise in addition to promise of payment.—An instrument which contains an order or promise to do any act in addition to the payment of money is not negotiable. But the negotiable character of an instrument otherwise negotiable is not affected by a provision which— First. Authorizes the sale of collateral securities in case the instrument be not paid at maturity; or.
Second. Authorizes a confession of judgment if the instrument be not paid at maturity; or, Third. Waives the benefit of any law intended for the advantage or protection of the obligor; or. Fourth. Gives the holder an election to require something to be done in lieu of payment of money. But nothing in this section shall validate any provision or stipulation otherwise illegal. Sec. 1310. Omissions not affecting negotiability.Date.—The validity and negotiable character of an instrument are not affected by the fact that— First.
It is not dated; or, Second. Does not specify the value given, or that any value has been given therefor; or, Third. Does not specify the place where it is drawn or the place where it is payable; or, Fourth. Bears a seal; or, Fifth. Designates a particular kind of current money in which payment is to be made. But nothing in this section shall alter or repeal any statute requiring in certain cases the nature of the consideration to be stated in the instrument. Sec. 1311. When payable on demand.Instrument payable on demand.—An instrument is payable on demand— First.
Where it is expressed to be payable on demand, or at sight, or on presentation ; or, Second. In which no time for payment is expressed. 1397 Where an instrument is issued, accepted, or indorsed when over-due, it is, as regards the person so issuing, accepting, or indorsing it, payable on demand. Sec. 1312. Instrument payable to order.—The instrument is When payable to order.payable to order where it is drawn payable to the order of a specified person or to him or his order. It may be drawn payable to the order of— First.
A payee who is not maker, drawer, or drawee; or, Second. The drawer or maker; or, Third. The drawee; or, Fourth. Two or more payees jointly; or, Fifth. One or some of several payees; or, Sixth. The holder of an office tor the time being. Where the instrument is payable to order, the payee must be named or otherwise indicated therein with reasonable certainty. Sec. 1313. Instrument payable to bearer.—The instrument is When payable to bearer.payable to bearer— First. When it is expressed to be so payable: or, Second.
When it is payable to a person named therein or bearer; or, Third. When it is payable to the order of a fictitious or nonexisting person and such fact was known to the person making it so payable; or, Fourth. When the name of the payee does not purport to be the name of any person; or, Fifth. When the only or last indorsement is an indorsement in blank. Sec. 1314. What sufficient language.—The instrument need not Terms, when sufficient.follow the language herein employed, but any terms are sufficient which clearly indicate an intention to conform to the requirements hereof.
Sec. 1315. Presumption as to date.—Where the instrument or Presumption as to date.an acceptance or any indorsement thereon is dated, such date is deemed prima facie to be the true date of the making, drawing, acceptance, or indorsement, as the case may be. Sec. 1316. Antedating and postdating.—The instrument is not Antedating and postdating.*Proviso.*—not to be fraudulent, etc.invalid fortlie reason only that it is antedated or postdated: *Provided,* That this is not done for an illegal or fraudulent purpose.
The person to whom an instrument so dated is delivered acquires the title thereto as of the date of delivery. Sec. 1317. Want of date.—Where an instrument expressed to be When date may be inserted.payable at a fixed period after date is issued undated, or where the acceptance of an instrument payable at a fixed period after sight is undated, any holder may insert therein the true date of issue or acceptance, and the instrument shall be payable accordingly. The insertion of a wrong date does not avoid the instrument in the hands of a subsequent holder in due course; but as to him the date so inserted is to be regarded as the true date.
Sec. 1318. Blanks.—Where the instrument is wanting in any material Blanks, when may be tilled.particular, the person in possession thereof has a prima facie authority to complete it by filling up the blanks therein. And a signature on a blank paper delivered by the person making the signature, in order that the paper may be converted into a negotiable instrument, operates as a prima facie authority to till it up as such for any amount. In order, however, that any such instrument, when completed, may be enforced against any person who became a party thereto prior to its completion, it must be filled up strictly in accordance with the authority given and within a reasonable time; but if any such instrument, after completion, is negotiated to a holder in due course, it is valid and effectual for all purposes in his hands, and he may enforce it as if it had been filled up strictly in accordance with the authority given and within a reasonable time. 1398 Sec. 1319.
Completing without authority.Completing without authority.—Where an incomplete instrument has not been delivered it will not, if completed and negotiated without authority, be a valid contract in the hands of any holder as against any person whose signature was placed thereon before delivery. Sec. 1320. Delivery.Delivery.—Every contract on a negotiable instrument is incomplete and revocable until delivery of the instrument for the —when effectual.purpose of giving effect thereto.
As between immediate parties and as regards a remote party other than a holder in due course, the delivery, in order to be effectual, must be made either by or under the authority of the party making, drawing, accepting, or indorsing as the case may be; and in such case the delivery may be shown to have been conditional or for a special purpose only, and not for the purpose —when presumed.of transferring the property in the instrument. But where the instrument is in the hands of a holder in due course, a valid delivery thereof by all parties prior to him, so as to make them liable to him, is conclusively presumed.
And where the instrument is no longer in the possession of a party whose signature appears thereon, a valid and intentional delivery by him is presumed until the contrary is proved. Sec. 1321. Construction when instrument is ambiguous.Construction.—Where the language of the instrument is ambiguous, or there are omissions therein, the following rules of construction apply: First. —rules.Where the sum payable is expressed in words and also in figures and there is a discrepancy between the two, the sum denoted by the words is the sum payable; but if the words are ambiguous or uncertain, reference may be had to the figures to fix the amount.
Second. Where the instrument provides for the payment of interest without specifying the date from which interest is to run, the interest runs from the date of the instrument, and if the instrument is undated, from the issue thereof. Third. Where the instrument is not dated it will be considered to be dated as of the time it was issued. Fourth. Where there is conflict between the written and printed provisions of the instrument, the written provisions prevail. Fifth. Where the instrument is so ambiguous that there is doubt whether it is a bill or note, the holder may treat it as either at his election.
Sixth. Where a signature is so placed upon the instrument that it is not clear in what capacity the person making the same intended to sign, he is to be deemed an indorser. Seventh. Where an instrument containing the words “I promise to pay” is signed by two or more persons, they are deemed to be jointly and severally liable thereon. Sec. 1322. Liability of person who signs in a trade or assumed name.Who not liable on.—No person is liable on the instrument whose signature does not appear thereon, except as herein otherwise expressly provided.
But one who signs in a trade or assumed name will be liable to the same extent as if he had signed in his own name. Sec. 1323. Signature by agent.Signature by agent.—The signature of any party may Authority, how shown.be made by a duly authorized agent. No particular form of appointment is necessary for this purpose, and the authority of the agent may be established as in other cases of agency. Sec. 1324. Agent, when not liable on.Agent, when not liable on.—Where the instrument contains or a person adds to his signature words indicating that he signs for or on behalf of a principal, or in a representative capacity, he is not liable on the instrument if he was duly authorized, but the mere addition of words describing him as an agent or as tilling a representative character without disclosing his principal does not exempt him from personal liability. 1399 Sec. 1325.
Signature by procuration.—A signature by “procuration” Signature by procuration.operates as notice that the agent has but a limited authority to sign, and the principal is bound only in ease the agent in so signing acted within the actual limits of his authority. Sec. 1326. Indorsement by corporation or infant.—The indorsement Indorsement by corporation or infant, effect of.or assignment of the instrument by a corporation or by an infant passes the property therein, notwithstanding that from want of capacity the corporation or infant may incur no liability thereon.
Sec. 1327. Forged signature.—Where a signature is forged or made Forged signature, effect of.without the authority of the person whose signature it purports to be it is wholly inoperative, and no right to retain the instrument, or to give a discharge therefor, or to enforce payment thereof against any party thereto can be acquired through or under such signature, unless the party against whom it is sought to enforce such right is precluded from setting up the forgery or want of authority.
Sec. 1328. Presumption of valuable consideration.—Every negotiable Consideration.Presumption.instrument is deemed prima facie to have been issued for a valuable consideration, and every person whose signature appears thereon to have become a party thereto for value. Sec. 1329. What is value.—Value is any consideration sufficient What is value.to support a simple contract. An antecedent or preexisting debt constitutes value, and is deemed such whether the instrument is payable on demand or at a future time.
Sec. 1330. Who is holder for value.—Where value has at any time Who is holder for value.been given for the instrument, the holder is deemed a holder for value in respect to all parties who became such prior to that time. Sec. 1331. Where the holder has a lien on the instrument, arising Where the holder has lien on instrument.either from contract or by implication of law, he is deemed a holder for value to the extent of his lien. Sec. 1332. Absence or failure of consideration.—Absence or Absence of consideration.failure of consideration is matter of defense as against any person not a holder in due course; and partial failure of consideration is a defense pro tanto, whether the failure is an ascertained and liquidated amount or otherwise.
Sec. 1333. Accommodation parties.—Au accommodation party is Accommodation parties.one who has signed the instrument as maker, drawer, acceptor, or indorser, without receiving value therefor, and for the purpose of lending his name to some other person. Such a person is —liability of.liable on the instrument to a holder for value, notwithstanding such holder at the time of taking the instrument knew him to be only an accommodation party. Sec. 1334. Negotiation.—An instrument is negotiated when it is Negotiation, what constitutes.transferred from one person to another in such manner as to constitute the transferee the holder thereof.
If payable to bearer it is negotiated by delivery; if payable to order it is negotiated by the indorsement of the holder, completed by delivery. Sec. 1335. Indorsement.—The indorsement must be written on the Indorsement, how made.instrument itself or upon a paper attached thereto. The signature of the indorser, without additional words, is a sufficient indorsement. Sec. 1336. The indorsement must be an indorsement of the entire —must be of entire instrument.instrument. An indorsement which purports to transfer to the indorsee a part only of the amount payable, or which purports to trans-fer the instrument to two or more indorsees severally, does not operate as a negotiation of the instrument; but where the instrument has been paid in part it may be indorsed as to the residue.
Sec. 1337. An indorsement may be either special or in blank; and —kinds of indorsement.it may also be either restrictive or qualified or conditional. Sec. 1338. Special indorsement.—A special indorsement specifies —specia1 indorsement.the person to whom or to whose order the instrument is to be payable; 1400and the indorsement of such indorsee is necessary to the further —in blank.negotiation of the instrument. An indorsement in blank specifies no indorsee, and an instrument so indorsed is payable to bearer and may be negotiated by delivery.
Sec. 1339. Convertibility of blank into special indorsement.The holder may convert a blank indorsement into a special indorsement by writing over the signature of the indorser in blank any contract consistent with the character of the indorsement. Sec. 1340. Restrictive indorsement.Restrictive indorsement.—An indorsement is restrictive which either— First. Prohibits the further negotiation of the instrument: or. Second. Constitutes the indorsee the agent of the indorser: or, Third.
Vests the title in the indorsee in trust for or to the use of some other person. But the mere absence of words implying power to negotiate does not make an indorsement restrictive. Sec. 1341. —rights conferred by.A restrictive indorsement confers upon the indorsee the right— First. To receive payment of the instrument. Second. To bring any action thereon that the indorser could bring. Third. To transfer his rights as such indorsee where the form of the indorsement authorizes him to do so.
But all subsequent indorsees acquire only the title of the first indorsee under the restrictive indorsement. Sec. 1342. Qualified indorsement.Qualified indorsement.—A qualified indorsement constitutes the indorser a mere assignor of the title to the instrument. It may be made by adding to the indorser's signature the words “without recourse,” or any words of similar import. Such an indorsement does not impair the negotiable character of the instrument. Sec. 1343. Conditional indorsement.Conditional indorsement.—Where an indorsement is conditional, a party required to pay the instrument may disregard the condition and make payment to the indorsee or his transferee, whether the condition has been fulfilled or not.
But any person to whom an inst rument so indorsed is negotiated will hold the same, or the proceeds thereof, subject to the rights of the person indorsing conditionally. Sec. 1344. Special indorsement, when payable to bearer.Special indorsement, when payable to bearer.—Where an instrument payable to bearer is indorsed specially it may, nevertheless, be further negotiated by delivery; but the person indorsing specially is liable as indorser to only such holders as make title through his indorsement.
Sec. 1345. Joint payees not partners.Joint payees not partners.—Where an instrument is payable to the order of two or more payees or indorsees who are not partners all must indorse, unless the one indorsing has authority to indorse for the others. Sec. 1346. Payable to “cashier.”Payable to cashier.—Where an instrument is drawn or indorsed to a person as “cashier” or other fiscal officer of a bank or corporation, it is deemed prima facie to be payable to the bank or corporation of which he is such officer, and may he negotiated by either the indorsement of the bank or corporation or the indorsement of the officer.
Sec. 1347. Payee’s name misspelled.Payee's name misspelled.—Where the name of a payee or indorsee is wrongly designated or misspelled be may indorse the instrument as therein described, adding, if he think fit, his proper signature. . Sec. 1348. Indorsement by representative.Indorsement by representative.—Where any person is under obligation to indorse in a representative capacity he may indorse in such terms as to negative personal liability. Sec. 1349. Presumption of negotiation before maturity.Presumption of negotiation before maturity.—Except where an indorsement bears date after the maturity of the instrument, every negotiation is deemed prima facie to have been effected before the instrument was overdue. 1401 Sec. 1350.
Presumption as to place of making.—Except where Presumption as to place of making.the contrary appears, every indorsement is presumed prima facie to have been made at the place where the instrument is dated. Sec. 1351. Negotiable instrument continues such.—An instrument Negotiable instrument continues such.negotiable in its origin continues to be negotiable until it has been restrictively indorsed or discharged by payment or otherwise. Sec. 1352. Striking out indorsements.—The holder may at any Striking out indorsements.time strike out any indorsement which is not necessary to his title.
The indorser whose indorsement is struck out and all indorsers subsequent to him are thereby relieved from liability on the instrument. Sec. 1353. Transfer without indorsing.—Where the holder of an Transfer without indorsing.instrument payable to his order transfers it for value without indorsing it, the transfer vests in the transferee such title as the transferrer had therein, and the transferee acquires, in addition, the right to have the indorsement of the transferrer. But for the purpose of deter-mining whether the transferee is a holder in due course, the negotiation takes effect as of the time when the indorsement is actually made.
Sec. 1354. Transfer back to prior party.—Where an instrument Transfer back prior to party.is negotiated back to a prior party such party may, subject to the pro-visions of this act, reissue and further negotiate the same. But he is not entitled to enforce payment thereof against any intervening party to whom he was personally liable. Sec. 1355. Rights of holder.—The holder of a negotiable instrument Rights of holder.may sue thereon in his own name, and payment to him in due course discharges the instrument.
Sec. 1356. Who is holder in due course.—A holder in due Who is holder in due course.course is a holder who has taken the instrument under the following conditions: First. That it is complete and regular upon its face. Second. That he became the holder of it before it was overdue, and without notice that it had been previously dishonored, if such was the fact. Third. That he took it in good faith and for value. Fourth. That at the time it was negotiated to him he had no notice of any infirmity in the instrument or defect in the title of the person negotiating it.
Sec. 1357. Where an instrument payable on demand is negotiated —who not.an unreasonable length of time after its issue, the holder is not deemed a holder in due course. Sec. 1358. Where the transferee receives notice of any infirmity in Notice before full amount paid.the instrument or defect in the title of the person negotiating the same before he has paid the full amount agreed to be paid therefor, be will be deemed a holder in due course only to the extent of the amount theretofore paid by him. • Sec. 1359.
Defective title.—The title of a person who negotiates Defective title.an instrument is defective within the meaning hereof when he obtained the instrument, or any signature thereto, by fraud, duress, or force and fear or other unlawful means, or for any illegal consideration, or when he negotiates it in breach of faith or under such circumstances as amount to a fraud. Sec. 1360. Notice of infirmity.—To constitute notice of an infirmity —what constitutes notice.in the instrument, or defect in the title of the person negotiating the same, the person to whom it is negotiated must have had actual knowledge of the infirmity or defect or knowledge of such facts that his action in taking the instrument amounted to bad faith.
Sec. 1361. Holder in due course free from defenses.—A holder Holder in due course free from defenses.in due course bolds the instrument free from any defect of title of prior parties and free from defenses available to prior parties among themselves, and may enforce payment of the instrument for the full amount thereof against all parties liable thereon. 1402 Sec. 1362. Not held in due course, paper is same as nonnegotiable.Not held in due course, paper is same as nonnegotiable.—In the hands of any holder other than a holder in due course, a negotiable instrument is subject to the same defenses as if it were nonnegotiable.
But a holder who derives his title through a holder in due course, and who is not himself a party to any fraud or illegality affecting the instrument, has all the rights of such former holder in respect of all parties prior to the latter. Sec. 1363. Who deemed holder in due course, etc.What presumption when transferee's title shown defective.—Every holder is deemed prima facie to be a holder in due course; but when it is shown that the title of any person who has negotiated the instrument was defective, the burden is on the holder to prove that he or some person under whom he claims acquired the title as a holder in due course.
But the last-mentioned rule does not apply in favor of a party who became bound on the instrument prior to the acquisition of such defective title. Sec. 1364. Liability of maker.Liability of maker.—The maker of a negotiable instrument, by making it, engages that he will pay it according to its tenor, and admits the existence of the payee and his then capacity to indorse. Sec. 1365. Liability of drawer.Liability of drawer.—The drawer, by drawing the instrument, admits the existence of the payee and his then capacity to indorse, and engages that on due presentment the instrument will be accepted and paid, or both, according to its tenor, and that if it be dishonored and the necessary proceedings on dishonor be duly taken, he will pay the amount thereof to the holder or to any subsequent indorser who may be compelled to pay it.
But the drawer may insert in the instrument an express stipulation negativing or limiting his own liability to the holder. Sec. 1366. Liability of acceptor.Liability of acceptor. —The acceptor, by accepting the instrument, engages that he will pay it according to the tenor of his acceptance, and admits— First. —admissions.The existence of the drawer, the genuineness of his signature, and his capacity and authority to draw the instrument; and Second. The existence of the payee and his then capacity to indorse.
Sec. 1367. When person deemed indorser.Irregular indorsement.—A person placing his signature upon an instrument otherwise than as a maker, drawer, or acceptor is deemed to be an indorser, unless he clearly indicates by appropriate words his intention to be bound in some other capacity. Sec. 1368. Signature In blank by stranger.Signature in blank by stranger.—Where a person not otherwise a party to an instrument places thereon his signature in blank before delivery he is liable as indorser in accordance with the following rules:
First. —rules of liability.If the instrument is payable to the order of a third person he is liable to the payee and to all subsequent parties. Second. If the instrument is payable to the order of the maker or drawer, or is payable to bearer, he is liable to all parties subsequent to the maker or drawer. Third. If he signs for the accommodation of the payee he is liable to all parties subsequent to the payee. Sec. 1369. Warranty where negotiation by delivery.Negotiating by delivery or qualified indorsement.—Every person negotiating an instrument by delivery or by a qualified indorsement warrants— First.
That the instrument is genuine and in all respects what it purports to be. Second. That he has a good title to it. Third. That all prior parties had capacity to contract. Fourth. That he has no knowledge of any fact which would impair the validity of the instrument or render it valueless. But when the negotiation is by delivery only the warranty extends in favor of no holder other than the immediate transferee. The provisions of subdivision three of this section do not apply to 1403persons negotiating public or corporate securities other than bills and notes.
Sec. 1370. What indorser warrants to subsequent holders.—Liability of general indorser.Every indorser who indorses without qualification warrants to all subsequent holders in due course— First. The matters and things mentioned in subdivisions one, two, and three of the next preceding section; and, Second. That the instrument is at the time of his indorsement valid and subsisting. And in addition, he engages that on due presentment it shall be accepted or paid, or both, as the ease may be, according to its tenor, and that if it be dishonored and the necessary proceedings on dishonor be duly taken, he will pay the amount thereof to the holder or to any subsequent indorser who may be compelled to pay it.
Sec. 1371. Indorsing paper negotiable by delivery.—Where a Indorsing paper negotiable by delivery.person places his indorsement on an instrument negotiable by delivery he incurs all the liabilities of an indorser. Sec. 1372. In what order indorsers liable.—As respects one In what order’ indorsers liable.another indorsers are liable prima facie in the order in which they indorse, but evidence is admissible to show that as between or among themselves they have agreed otherwise.
Joint payees or joint indorsees who indorse are deemed to indorse jointly and severally. Sec. 1373. Negotiation by agent. Where a broker or other agent Negotiation by agent.negotiates an instrument without indorsement he incurs all the liabilities prescribed by section thirteen hundred and sixty-nine of this act, unless he discloses the name of his principal and the fact that he is acting only as agent. Sec. 1374. Presentment for payment, where to be made.—Presentment Presentment for payment.—not necessary on principal debtor.for payment is not necessary in order to charge the person primarily liable on the instrument, but if the instrument is by its terms payable at a special place and he is able and willing to pay it there at maturity, such ability and willingness are equivalent to a tender of payment upon his part.
But, except as herein otherwise —drawer and indorsers.provided, presentment for payment is necessary in order to charge the drawer and indorsers. Sec. 1375. When to be made.—Where the instrument is not payable When to be made.on demand presentment must be made on the day it falls due. Where it is payable on demand presentment must be made within a reasonable time after its issue, except that in the case of a bill of exchange presentment for payment will be sufficient if made within a reasonable time after the last negotiation thereof.
Sec. 1376. What is sufficient.—Presentment for payment to be What is sufficient presentment.sufficient must be made— First. By the holder or by some person authorized to receive payment on his behalf. Second. At a reasonable hour on a business day. Third. At a proper place, as herein defined. Fourth. To the person primarily liable on the instrument, or, if he is absent or inaccessible, to any person found at the place where the presentment is made. Sec. 1377. Presentment for payment is made at the proper place—Place of presentment.
First. Where a place of payment is specified in the instrument and it is there presented. Second. Where no place of payment is specified, but the address of the person to make payment is given in the instrument and it is there presented. Third. Where no place of payment is specified, and no address is given and the instrument is presented at the usual place of business or residence of the person to make payment, Fourth. In any other case if presented to the person to make pay-1404ment wherever he can be found or if presented at his last known place of business or residence.
Sec. 1378. Instrument must be exhibited.The instrument must be exhibited to the person from whom payment is demanded, and when.it is paid must be delivered up to the party paying it. Sec. 1379. Where the instrument payable at a bank.Where the instrument is payable at a bank presentment for payment must be made during banking hours, unless the person to make payment has no funds there to meet it at any time during the day, in which case presentment at any hour before the bank is closed on that day is sufficient.
Sec. 1380. Where principal debtor is dead.Where the person primarily liable on the instrument is dead, and no place of payment is specified, presentment for payment must be made to his personal representative, if such there be, and if, with the exercise of reasonable diligence, he can be found. Sec. 1381. Persons liable as partners.Where the persons primarily liable on the instrument are liable as partners, and no place of payment is specified, presentment for payment may be made to any one of them, even though there has been a dissolution of the firm.
Sec. 1382. Presentment to joint debtors.Where there are several persons, not partners, primarily liable on the instrument, and no place of payment is specified, presentment must be made to them all. Sec. 1383. When not required to charge drawer.When not required to charge drawer or indorser.—Presentment for payment is not required in order to charge the drawer where he has no right to expect or require that the drawee or acceptor will pay the instrument. Sec. 1384. —indorser.Presentment for payment is not required in order to charge an indorser where the instrument was made or accepted for his accommodation and he has no reason to expect that the instrument will be paid if presented.
Sec. 1385. Excuses for failure to present.Excuses for failure.—Delay in making presentment for payment is excused when the delay is caused by circumstances beyond the control of the holder and not imputable to his default, misconduct, or negligence. When the cause of delay ceases to operate presentment must be made with reasonable diligence. Sec. 1386. When presentment dispensed with.When dispensed with.—Presentment for payment is dispensed with— First. Where, after the exercise of reasonable diligence, presentment as required hereby can not be made.
Second. Where the drawee is a fictitious person. Third. By waiver of presentment, express or implied. Sec. 1387. When instrument is dishonored by non-payment.When instrument is dishonored.—The instrument is dishonored by nonpayment when— First. It is duly presented for payment and payment is refused or can not be obtained: or. Second. Presentment is excused and the instrument is overdue and unpaid. Sec. 1388. Liability of person secondarily liable.Right of action on nonpayment.—Subject to the pro- visions hereof, when the instrument is dishonored by nonpayment an immediate right of recourse to all parties secondarily liable thereon accrues to the holder.
Sec. 1389. Time of maturity.When negotiable instrument is payable.—Every negotiable instrument is payable at the time fixed therein, without grace. When the day of maturity falls upon Sunday or a holiday the instrument is payable on the next succeeding business day. Instruments falling due on Saturday are to be presented for payment on the next succeeding business day, except that instruments payable on demand may, at the option of the holder, be presented for payment before twelve o’clock noon on Saturday when that entire day is not a Holidays.holiday.
The following days in each year, namely, the first day of January, commonly called New Year’s Day; the twenty-second day of 1405February, known as Washington’s Birthday: the Fourth of July; the thirtieth day of May, commonly called Decoration Day; the first Monday in September, known as Labor's Holiday; the twenty-fifth day of December. commonly called Christmas Day; every Saturday, after twelve o’clock noon; any day appointed or recommended by the President of the United States as a day of public fasting or thanksgiving, and the day of the inauguration of the President, in every fourth year, shall be holidays in the District within the meaning of this section.
Whenever any day set apart as a legal holiday shall —falling on Sunday.fall on Sunday. then and in such ease the next succeeding day shall be a holiday; and in such cases and in all cases in which a Sunday and a holiday shall fall on successive days all commercial paper falling due on any of said days shall, for all purposes of presenting for payment, or acceptance, be deemed to mature and be presentable for payment or acceptance on the next secular or business day succeeding.
Sec. 1390. Where the instrument is payable at a fixed period after Time, how computed.date, after sight, or after the happening of a specified event the time of payment is determined by excluding the day from which the time is to begin to run and by including the date of payment. Sec. 1391. Where the instrument is made payable at a bank it is Where instrument payable at a bank.equivalent to an order to the bank to pay the same for the account of the principal debtor thereon. Sec. 1392.
Payment is made in due course when it is made at or after Payment due course, what constitutes.the maturity of the instrument to the holder thereof in good faith and without notice that his title is defective. Sec. 1393. Notice of dishonor.—Except as herein otherwise provided, Notice of dishonor.—to whom given.when a negotiable instrument has been dishonored by nonacceptance or nonpayment, notice of dishonor must be given to the drawer and to each indorser, and any drawer or indorser to whom such notice is not given is discharged.
Sec. 1394. The notice may be given by or on behalf of the holder, —by whom.or by or on behalf of any party to the instrument who might be compelled to pay it to the holder, and who, upon taking it up, would have a right to reimbursement from the party to whom the notice is given. Sec. 1395. Notice of dishonor may be given by an agent, either in —given by an agent.his own name or in the name of any party entitled to give notice, whether that party be his principal or not. Sec. 1396.
For whose benefit.—Where notice is given by or on —given on behalf of the holder.behalf of the holder it inures for the benefit of all subsequent holders and all prior parties who have a right of recourse against the party to whom it is given. Sec. 1397. Where notice is given by or on behalf of a party entitled —given by party entitled, etc.to give notice it inures for the benefit of the holder and all parties subsequent to the party to whom notice is given. Sec. 1398. Where the instrument has been dishonored in the hands Agent may give notice.of an agent, he may either himself give notice to the parties liable thereon or he may give notice to his principal.
If he give notice to his principal he must do so within the same time as if he were the holder, and the principal, upon the receipt of such notice, has himself the same time for giving notice as if the agent had been an independent holder. Sec. 1399. Form of notice.—A written notice need not be signed, When notice sufficient.and an insufficient written notice may be supplemented and validated by verbal communication. A misdescription of the instrument does not vitiate the notice unless the party to whom the notice is given is in fact misled thereby.
Sec. 1400. The notice may be Form of notice.in writing or merely oral, and may be given in any terms which sufficiently identify the instrument and indicate that it has been dishonored by nonacceptance or nonpayment. It may in all eases be given by delivering it personally or through the mails. 1406 Sec. 1401. To whom given.To whom given.—Notice of dishonor may be given either to the party himself or to his agent in that behalf. Sec. 1402. —when party dead.When party dead.—When any party is dead, and his death is known to the party giving notice, the notice must be given to a personal representative, if there be one, and if, with reasonable diligence, he can be found.
If there be no personal representatives, notice may be sent to the last residence or last place of business of the deceased. Sec. 1403. Notice to partners.Partners.—Where the parties to be notified are partners, notice to any one partner is notice to the firm, even though there has been a dissolution. Sec. 1404. Person jointly liable.Joint parties.—Notice to joint parties who are not partners must be given to each of them, unless one of them has authority to receive such notice for the others.
Sec. 1405. Bankrupts.Bankrupt, and so forth.—Where a party has been adjudged a bankrupt or an insolvent, or has made an assignment for the benefit of creditors, notice may be given either to the party himself or to his trustee or assignee. Sec. 1406. Time within which notice must be given.May be given as soon as instrument is dishonored.— Notice may be given as soon as the instrument is dishonored: and unless delay is excused, as hereinafter provided, must be given within the time fixed by this act.
Sec. 1407. When parties reside in same place.When to be given if holder and party reside in same place.—Where the person giving and the person to receive notice reside in the same place, notice must be given within the following times: First. If given at the place of business of the person to receive notice, it must be given before the close of business hours on the following day. Second. If given at his residence, it must be given before the usual hours of rest on the day following.
Third. If sent by mail, it must be deposited in the post-office in time to reach him in the usual course on the day following. Sec. 1408. —in different places.When if they reside in different places.—Where the person giving and the person to receive notice reside in different places, the notice must be given within the following times: First. If sent by mail, it must be deposited in the post-office in time to go by mail the day following the day of dishonor, or, if there be no mail at a convenient hour on that day, by the next mail thereafter.
Second. If given otherwise than through the post-office, then within the time that notice would have been received in due course of mail if it had been deposited in the post-office within the time specified in the last subdivision. Sec. 1409. Mailing notice sufficient.Mailing notice sufficient.—Where notice of dishonor is duly addressed and deposited in the post-office the sender is deemed to have given due notice, notwithstanding any miscarriage in the mails. Sec. 1410. —deposit in post-office, what constitutes.Notice is deemed to have been deposited in the post-office when deposited in any branch post-office or in any letter box under the control of the Post-Office Department.
Sec. 1411. Notice to subsequent parties, time of.Party notified allowed what time.—Where a party receives notice of dishonor he has after the receipt of such notice, the same time for giving notice to antecedent parties that the holder has after the dishonor. Sec. 1412. To what address sent.To what address sent.—Where a party has added an address to his signature, notice of dishonor must be sent to that address; but if he has not given such address, then the notice must be sent as follows:
First. Either to the post-office nearest to his place of residence, or to the post-office where he is accustomed to receive his letters: or, Second. If he live in one place and have his place of business in another, notice may be sent to either place: or, 1407 Third. If he is sojourning in another place, notice may be sent to the place where he is so sojourning. But where the notice is actually received by the party within the time specified by this act it will be sufficient, though not sent in accordance with the requirements of this section.
Sec. 1413. Waiver of notice.—Notice of dishonor may be waived Waiver of notice.either before the time of giving notice has arrived or after the omission to give due notice, and the waiver may be express or implied. Sec. 1414. Where the waiver is embodied in the instrument itself it —who may be affected by.is binding upon all parties, but where it is written above the signature of an indorser it binds him only. Sec. 1415. Waiver of protest.—A waiver of protest, whether in Waiver of protest.the ease of a foreign bill of exchange or other negotiable instrument, is deemed to be a waiver not only of a formal protest, but also of presentment and notice of dishonor.
Sec. 1416. When notice dispensed with.—Notice of dishonor is dispensed When notice dispensed with.with when, after the exercise of reasonable diligence, it can not be given to or does not reach the parties sought to be charged. Sec. 1417. When delay excused.—Delay in giving notice of dishonor When delay excused.is excused when the delay is caused by circumstances beyond the control of the holder and not imputable to his default, misconduct, or negligence. When the cause of delay ceases to operate notice must be given with reasonable diligence.
Sec. 1418. When notice not required as to drawer.—Notice When notice not required as to drawer.of dishonor is not required to be given to the drawer in either of the following cases: First. Where the drawer and the drawee are the same person. Second. Where the drawee is a fictitious person or a person not having capacity to contract. Third. Where the drawer is the person to whom the instrument is presented for payment. Fourth. Where the drawer has no right to expect or require that the drawee or acceptor will honor the instrument; or, Fifth.
Where the drawer has countermanded payment. Sec. 1419. When not required as to indorser.—Notice of dishonor When not required as to indorser.is not required to be given to an indorser in either of the following cases: First. Where the drawee is a fictitious person or a person not having capacity to contract, and the indorser was aware of the fact at the time he indorsed the instrument. Second. Where the indorser is the person to whom the instrument is presented for payment; or, Third.
Where the instrument was made or accepted for his accommodation. Sec. 1420. Notice of nonpayment, when not necessary.—Where Notice of payment, when not necessary.due notice of dishonor by nonacceptance has been given, notice of a subsequent dishonor by nonpayment is not necessary, unless in the meantime the instrument has been accepted. Sec. 1421. Omission to give notice of nonacceptance.—An Omission to give notice of nonacceptance, effect.omission to give notice of dishonor by nonacceptance does not prejudice the rights of a holder in due course subsequent to the omission.
Sec. 1422. Protest on other instruments than foreign bills.—Protest on other instruments than foreign bills.Where any negotiable instrument has been dishonored it may be protested for nonacceptance or nonpayment, as the case may be: but protest is not required except in the case of foreign bills of exchange. The original protest of a notary public in the District, under his hand and official seal, of any bill of exchange, check, or order for nonacceptance or nonpayment, or of any promissory note for nonpayment, stating the presentment by him of such bill of exchange, cheek, order, or promissory note for acceptance or payment and the nonacceptance 1408or nonpayment thereof, and the service of notice thereof on any of the parties to such bill of exchange, promissory note, or check, and the mode of giving such notice, and the reputed place of business or residence of the party to whom the same was given shall be prima facie evidence of the facts therein contained.
Sec. 1423. When negotiable instrument discharged.When negotiable instrument discharged.—A negotiable instrument is discharged— First. By payment in due course, by or on behalf of the principal debtor. Second. By payment in due course by the party accommodated, where the instrument is made or accepted for accommodation. Third. By the intentional cancellation thereof by the holder. Fourth. By any other act which will discharge a simple contract for the payment of money. Fifth. When the principal debtor becomes the holder of the instrument at or after maturity in his own right.
Sec. 1424. When person secondarily liable discharged.When person secondarily liable discharged.—A person secondarily liable on the instrument is discharged— First. By an act which discharges the instrument. Second. By the intentional cancellation of his signature by the holder. Third. By the discharge of a prior party. Fourth. By a valid tender of payment made by a prior party. Fifth. By a release of the principal debtor, unless the holder’s right of recourse against the party secondarily liable is expressly reserved.
Sixth. By an agreement binding upon the holder to extend the time of payment, or to postpone the holder’s right to enforce the instrument, unless made with the assent of the party secondarily liable or unless the right of recourse against such party is expressly reserved. Sec. 1425. Payment by party secondarily liable not a discharge.Payment by party secondarily liable not a dis-charge.—Where the instrument is paid by a party secondarily liable thereon it is not discharged; but the party so paying it is remitted to his former rights as regards all prior parties, and he may strike out his own and all subsequent indorsements and again negotiate the instrument, except— First.
Where it is payable to the order of a third person and has been paid by the drawer; and, Second. Where it was made or accepted for accommodation and has been paid by the party accommodated. Sec. 1426. Renouncing rights against party.Renouncing rights against party.—The holder may expressly renounce his rights against any party to the instrument before, at or after its maturity. An absolute and unconditional renunciation of his rights against the principal debtor made at or after the maturity of the instrument discharges the instrument; but a renunciation does not affect the rights of a holder in due course with-out notice.
A renunciation must be in writing, unless the instrument is delivered up to the person primarily liable thereon. Sec. 1427. Cancellation unintentionally.Cancellation.—A cancellation made unintentionally, or under a mistake, or without the authority of the holder, is —burden of proof.inoperative; but where an instrument or any signature thereon appears to have been canceled the burden of proof lies on the party who alleges that the cancellation was made unintentionally, or under a mistake, or without authority.
Sec. 1428. Alteration, effect of.Alteration.—Where a negotiable instrument is materially altered without the assent of all parties liable thereon it is avoided, except as against a party who has himself made, authorized, or assented to the alteration and subsequent indorsers. But when an instrument has been materially altered and is in the hands of a holder in due course, not a party to the alteration, he may enforce payment thereof according to its original tenor. 1409 Sec. 1429.
What is a material alteration.—Any alteration which —what is a material alteration.changes— First. The date. Second. The sum payable, either for principal or interest. Third. The time or place of payment. Fourth. The number or the relations of the parties. Fifth. The medium or currency in which payment is to be made. Or which adds a place of payment where no place of payment is specified, or any other change or addition which alters the effect of the instrument in any respect is a material alteration.
Sec. 1430. Form of bill of exchange.—A bill of exchange is an Bills of exchange.Definition.unconditional order in writing addressed by one person to another, signed by the person giving it, requiring the person to whom it is addressed to pay on demand or at a fixed or determinable future time a sum certain in money to order or to bearer. Sec. 1431. Not an assignment of funds.—A bill of itself does Not an assignment of funds.not operate as an assignment of the funds in the hands of the drawee available for the payment thereof, and the drawee is not liable on the bill unless and until he accepts the same.
Sec. 1432. To whom addressed.—A bill may be addressed to two Bills addressed to more than one draweeor more drawees jointly, whether they are partners or not, but not to two or more drawees in the alternative or succession. Sec. 1433. Foreign and inland bills.—An inland bill of exchange Foreign and inland bills.is a bill which is or on its face purports to be both drawn and payable within this District. Any other bill is a foreign bill. Unless the contrary appears on the face of the bill the holder may treat it as an inland bill.
Sec. 1434. Where drawer and drawee same person.—Where in Where drawer and drawee same person.a bill drawer and drawee are the same person, or where the drawee is a fictitious person or a person not having capacity to contract, the holder may treat the instrument, at his option, either as a bill of exchange or a promissory note. Sec. 1435. Referee in case of need.—The drawer of a bill and Referee in case of need.any indorser may insert thereon the name of a person to whom the holder may resort in case of need; that is to say, in case the bill is dishonored by nonacceptance or nonpayment.
Such person is called the referee in case of need. It is in the option of the holder to resort to the referee in case of need or not, as he may see fit. Sec. 1436. Acceptance.—The acceptance of a bill is the signification Acceptance.by the drawee of his assent to the order of the drawer. The —how made.acceptance must be in writing and signed by the drawee. It must not express that the drawee will perform his promise by any other means than the payment of money. Sec. 1437. The holder of a bill presenting the same for acceptance may require that the acceptance Holder entitled to acceptance on face of bill.be written on the bill, and if such a request is refused may treat the bill as dishonored.
Sec. 1438. Where an acceptance is written on a paper other than Acceptance on separate instrumentthe bill itself it does not bind the accept or except in favor of a person to whom it is shown and who, on the faith thereof, receives the bill for value. Sec. 1439. Acceptance before bill drawn.—An unconditional Acceptance before bill drawn.promise in writing to accept a bill before it is drawn is deemed an actual acceptance in favor of every person who, upon the faith thereof, receives the bill for value.
Sec. 1440. Time allowed for accepting.—The drawee is allowed Time allowed for accepting.twenty-four hours after presentment in which to decide whether or not he will accept the bill; but the acceptance, if given, dates as of the day of presentation. Sec. 1441. Acceptance, when deemed made.—Where a drawee to Acceptance, when deemed made.whom a bill is delivered for acceptance destroys the same or refuses 1410within, twenty-four hours after such delivery, or within such other period as the holder may allow, to return the bill accepted or nonaccepted to the holder he will be deemed to have accepted the same.
Sec. 1442. Acceptance of incomplete bill.When bill may be accepted.—A bill may be accepted before it has been signed by the drawer, or while otherwise incomplete, or when it is overclue, or after it has been dishonored by a previous refusal to accept, or by nonpayment. But when a bill payable after sight is dishonored by nonacceptance and the drawee subsequently accepts it, the holder, in the absence of any different agreement, is entitled to have the bill accepted as of the date of the first presentment.
Sec. 1443. Kinds of acceptance.—general.Form of acceptance.—An acceptance is either general or qualified. A general acceptance assents without qualification to the order of the drawer. A qualified acceptance in express terms varies the effect of the bill as drawn. Sec. 1444. —acceptance to pay at place named general acceptance.Acceptance to pay at place named.—An acceptance to pay at a particular place is a general acceptance, unless it expressly states that the bill is to be paid there only and not elsewhere.
Sec. 1445. Qualified acceptance.Qualified acceptance.—An acceptance is qualified which is— First. Conditional; that is to say, which makes payment by the acceptor dependent on the fulfillment of a condition therein stated. Second. Partial; that is to say, an acceptance to pay part only of the amount for which the bill is drawn. Third. Local; that is to say, an acceptance to pay only at a particular place. Fourth. Qualified as to time. Fifth. The acceptance of some one or more of the drawees, but not of all.
Sec. 1446. —rights of parties as to.Holder not bound to take.—The holder may refuse to take a qualified acceptance, and if he does not obtain an unqualified acceptance he may treat the bill as dishonored by nonacceptance. Where a qualified acceptance is taken, the drawer and indorsers are discharged from liability on the bill unless they have expressly or impliedly authorized the holder to take a qualified acceptance or subsequently assent thereto. When the drawer or an indorser receives notice of a qualified acceptance, he must within a reasonable time express his dissent to the holder or he will be deemed to have assented thereto.
Sec. 1447. Presentment for acceptance.When presentment for acceptance must be made.— Presentment for acceptance must be made— First. —when to be made.Where the bill is payable after sight, or in any other case where presentment for acceptance is necessary in order to fix the maturity of the instrument; or, Second. Where the bill expressly stipulates that it shall be presented for acceptance; or, Third. Where the bill is drawn payable elsewhere than at the residence or place of business of the drawee.
In no other case is presentment for acceptance necessary in order to render any party to the bill liable. Sec. 1448. —consequence of failure.Consequence of failure.—Except as herein otherwise provided, the holder of a bill which is required by the next preceding section to be presented for acceptance must either present it for acceptance or negotiate it within a reasonable time. If he fail to do so, the drawer and all indorsers are discharged. Sec. 1449. When presentment to be made and to whom.When presentment to be made and to whom.— Presentment for acceptance must be made by or on behalf of the holder at a reasonable hour on a business day, and before the bill is overdue, to the drawee or some person authorized to accept or refuse acceptance on his behalf; and, First.
Where a bill is addressed to two or more drawees who are not 1411partners, presentment must be made to them all, unless one has authority to accept or refuse acceptance for all, in which case presentment may be made to him only. Second. Where the drawee is dead, presentment may be made to his personal representative. Third. Where the drawee has been adjudged a bankrupt or an insolvent, or has made an assignment for the benefit of creditors, presentment may be made to him or to his trustee or assignee.
Sec. 1450. May be made on any day on which payment might May be made on any day on which payment might be demanded.be demanded.—A bill may be presented for acceptance on any day on which negotiable instruments may be presented for payment under the provisions of sections thirteen hundred and seventy-six and thirteen hundred and eighty-nine of this act. When Saturday is not otherwise a holiday, presentment for acceptance may be made before twelve o’clock noon on that day. Sec. 1451.
Excuses for delay.—Where the holder of a bill drawn Excuses for delay.payable elsewhere than at the place of business or the residence of the drawee has not time, with the exercise of reasonable diligence, to present the bill for acceptance before presenting it for payment on the day that it falls due, the delay caused by presenting the bill for acceptance before presenting it for payment is excused, and does not discharge the drawers and indorsers. Sec. 1452. Excuses for nonpresentment.—Presentment for acceptance Excuses for nonpresentment.is excused and a bill may be treated as dishonored by nonacceptance in either of the following cases:
First. When the drawee is dead, or has absconded, or is a fictitious person, or a person not having capacity to contract by bill. Second. Where after the exercise of reasonable diligence presentment can not be made. Third. Where, although presentment has been irregular, acceptance has been refused on some other ground. Sec. 1453. When bill dishonored by nonacceptance.—A bill is When bill dishonored by nonacceptance.dishonored by nonacceptance— First. When it is duly presented for acceptance and such an acceptance as is prescribed by this Act is refused or can not be obtained; or, Second.
When presentment for acceptance is excused and the bill is not accepted. Sec. 1454. Where a bill is duly presented for acceptance and is not Duty of holder where bill not accepted.accepted within the prescribed time, the person presenting it must treat the bill as dishonored by nonacceptance or he loses the right of recourse against the drawer and indorsers. Sec. 1455. When a bill is dishonored by nonacceptance an immediate —rights of.right of recourse against the drawer and indorsers accrues to the holder, and no presentment for payment is necessary.
Sec. 1456. Protest.—Where a foreign bill, appearing on its face to Protest, when necessary.be such, is dishonored by nonacceptance, it must be duly protested for nonacceptance, and where such a bill which has not previously been dishonored by nonacceptance is dishonored by nonpayment it must be duly protested for nonpayment. If it is not so protested the drawer and indorsers are discharged. Where a bill does not appear on its face to be a foreign bill, protest thereof in ease of dishonor is unnecessary.
Sec. 1457. Form.—The protest must be annexed to the bill, or must —form.contain a copy thereof, and must be under the hand and seal of the notary making it, and must specify— First. The time and place of presentment. Second. The fact that presentment was made, and the manner thereof. Third. The cause or reason for protesting the bill. Fourth. The demand made and the answer given, if any, or the fact that the drawee or acceptor could not be found. 1412 Sec. 1458. —by whom made.By whom.—Protest can be made by— First.
A notary public; or, Second. By any respectable resident of the place where the bill is dishonored, in the presence of two or more credible witnesses. Sec. 1459. —when made.When to be made.—When a bill is protested, such pro-test must be made on the day of its dishonor, unless delay is excused as herein provided. When a bill has been duly noted, the protest may be subsequently extended as of the date of the noting. Sec. 1460. —where made.Where made.—A bill must be protested at the place where it is dishonored, except that when a bill drawn payable at the place of business or residence of some person other than the drawee has been dishonored by nonacceptance it must be protested for non-payment at the time when it is expressed to be payable, and no further presentment for payment to or demand on the drawee is necessary.
Sec. 1461. Protest for nonacceptance and nonpayment.Biel may be protested for both nonacceptance and nonpayment.—A bill which has been protested for nonacceptance may be subsequently protested for nonpayment. Sec. 1462. Protest for better security.Protest for better security.—Where the acceptor has been adjudged a bankrupt or an insolvent, or has made an assignment for the benefit of creditors, before the bill matures, the holder may cause the bill to be protested for better security against the drawer and indorsers.
Sec. 1463. When dispensed with.When dispensed with.—Protest is dispensed with by any circumstances which would dispense with notice of dishonor. Delay in noting or protesting is excused when delay is caused by circumstances beyond the control of the holder and not imputable to his default, misconduct, or negligence. When the cause of delay ceases to operate the bill must be noted or protested with reasonable diligence. Sec. 1464. When bill lost.When bill lost, and so forth.—Where a bill is lost or destroyed or is wrongly detained from the person entitled to hold it, protest may be made on a copy or written particulars thereof.
Sec. 1465. Acceptance for honor.—when made.Acceptance for honor.—W here a bill of exchange has been protested for dishonor by nonacceptance or protested for better security and is not overdue, any person not being a party already liable thereon may, with the consent of the holder, intervene and accept the bill supra protest for the honor of any party liable thereon or for the honor of the person for whose account the bill is drawn. The acceptance for honor may be for part only of the sum for which the bill is drawn, and where there has been an acceptance for honor for one party there may be a further acceptance by a different person for the honor of another party.
Sec. 1466. —how made.An acceptance for honor supra protest must be in writing and indicate that it is an acceptance for honor, and must be signed by the acceptor for honor. Sec. 1467. When deemed for honor of the drawer.Where an acceptance for honor does not expressly state for whose honor it is made it is deemed to be an acceptance for the honor of the drawer. Sec. 1468. Liability of acceptor.Liability of acceptor for honor.—The acceptor for honor is liable to the holder and to all parties to the bill subsequent to the party for whose honor he has accepted.
Sec. 1469. Agreement of acceptor.The acceptor for honor by such acceptance engages that he will on due presentment pay the bill according to the terms of his acceptance, provided it shall not have been paid by the drawee, and provided, also, that it shall have been duly presented for payment and protested for nonpayment and notice of dishonor given to him. Sec. 1470. Maturity of bill payable after sight.Where a bill payable after sight is accepted for honor its maturity is calculated from the date of the noting for nonacceptance and not from the date of the acceptance for honor.
Sec. 1471. Protest.Where a dishonored bill has been accepted for honor supra protest, or contains a reference in case of need, it must be 1413protested for nonpayment before it is presented for payment to the acceptor for honor or referee in case of need. Sec. 1472. Presentment for payment to the acceptor for honor Presentment for payment to acceptor, how made.must be made as follows: First. If it is to be presented in the place where the protest for non-payment was made it must be presented not later than the day following its maturity.
Second. If it is to be presented in some other place than the place where it was protested, then it must be forwarded within the time specified in section fourteen hundred and eight. Sec. 1473. Excused, when.—The provisions of section thirteen hundred —excused, when.and eighty-five apply where there is delay in making presentment to the acceptor for honor or referee in case of need. Sec. 1474. Must be protested for nonpayment.—When the bill Must be protested for nonpayment.is dishonored by the acceptor for honor it must be protested for non-payment by him.
Sec. 1475. Payment for honor.—Where a bill has been protested Payment for honor.—who may make.for nonpayment any person may intervene and pay it supra protest for the honor of any person liable thereon, or for the honor of the person for whose account it was drawn. Sec. 1476. The payment for honor supra protest, in order to operate —how made.as such and not as a mere voluntary payment, must be attested by a notarial act of honor, which may be appended to the protest or form an extension to it.
Sec. 1477. The notarial act of honor must be founded on a declaration Declaration of payment for honor.made by the payer for honor, or by his agent in that behalf, declaring his intention to pay the bill for honor and for whose honor he pays. Sec. 1478. Where two or more persons offer to pay a bill for the Preference to parties offering to pay.honor of different parties the person whose payment will discharge most parties to the bill will be given the preference. Sec. 1479. Where a bill has been paid for honor all parties subsequent Effect on subsequent parties where bill paid for honor.to the party for whose honor it is paid are discharged; but the payer for honor is subrogated for and succeeds to both the rights and duties of the holder as regards the party for whose honor he pays and all parties liable to the latter.
Sec. 1480. Where the holder of a bill refuses to receive payment Where holder refuses to receive payment supra protest.supra protest he loses his right of recourse against any party who would nave been discharged by such parment. Sec. 1481. The payer for honor, on paying to the holder the amount Rights of payer for honor.of the bill and the notarial expenses incidental to its dishonor, is entitled to receive both the bill itself and the protest. Sec. 1482. Bills in a set.—Where a bill is drawn in a set, each Bills in sets.—constitute one bill.part of the set being numbered and containing a reference to the other parts, the whole of the parts constitute one bill.
Sec. 1483. Where parts come to different holders.—Where Whore parts come to different holders.two or more parts of a set are negotiated to different holders in due course the holder whose title first accrues is, as between such holders, the true owner of the bill. But nothing in this section affects the rights of a person who in due course accepts or pays the part first presented to him. Sec. 1484. Where the holder of a set indorses two or more parts Liability of holder who indorses two or more parts to different persons.to different persons he is liable on every such part, and every indorser subsequent to him is liable on the part he has himself indorsed, as if such parts were separate bills.
Sec. 1485. How accepted Acceptance.and liability of acceptor.—The acceptance may be written on any part, and it must be written on one part only. If the drawee accepts more than one part, and such accepted parts are negotiated to different holders in due course, he is liable on every such part as if it were a separate bill. 1414 Sec. 1486. Payment by accept-or.When the acceptor of a bill drawn in a set pays it without requiring the part bearing his acceptance to be delivered up to him, and that part at maturity is outstanding in the hands of a holder in due course, he is liable to the holder thereon.
Sec. 1487. Effect of discharging one set.Except as herein otherwise provided, where any one part of a bill drawn in a set is discharged by payment or otherwise the whole bill is discharged. Sec. 1488. Promissory notes and checks.Definitions.Promissory notes and checks.—A negotiable promissory note, within the meaning hereof, is an unconditional promise in writing, made by one person to another, signed by the maker, engaging to pay on demand or at a fixed or determinable future time a sum —promissory notes.certain in money to order or to bearer.
Where a note is drawn to the maker’s own order it is not complete until indorsed by him. Sec. 1489. —check.A check is a bill of exchange drawn on a bank payable on demand. Except as herein otherwise provided, the provisions hereof applicable to a bill of exchange payable on demand apply to a check. Sec. 1490. —when check must be presented for payment.When check must be presented for payment.—A check must be presented for payment within a reasonable time after its issue or the drawer will be discharged from liability thereon to the extent of the loss caused by the delay.
Sec. 1491. —certifying check, effect.Certifying check.—Where a check is certified by the bank on which it is drawn the certification is equivalent to an acceptance. Sec. 1492. —procured by holder, effect.Drawer and indorsers discharged.—Where the holder of a check procures it to be accepted or certified the drawer and all indorsers are discharged from liability thereon. Sec. 1493. Check not an assignment of funds.Check not an assignment of funds. — A check of itself does not operate as an assignment of any part of the funds to the credit of the drawer with the bank, and the bank is not liable to the holder unless and until it accepts or certifies the check.
Chapter Forty-Seven. Partners.PARTNERS. Sec. 1494. Composition with individual member of a firm.Composition with creditors on dissolution.—Where a partnership is dissolved, by mutual consent or otherwise, any partner may make a separate composition or compromise with any creditor of the partnership; and such composition or compromise shall be a full and effectual discharge to the debtor who makes the same, and to him only, of and from all and every liability to the creditor with whom the same is made, according to the terms thereof.
Sec. 1495. —memorandum exonerating partner from liability.Every such debtor who makes such composition or com-promise may take from the creditor with whom he makes the same a note or memorandum, in writing, exonerating him from all and every individual liability incurred by reason of his connection with the partnership, which note or memorandum may be given in evidence by such debtor, in bar of such creditor’s right of recovery against him; and if such liability be, by judgment, then, on the production and filing with the clerk of the notes or memorandum, the clerk shall enter the judgment as released by the plaintiff as far as the compromising debtor is concerned.
Sec. 1496. —other partners not discharged, etc.Such compromise or composition with an individual member of a firm shall not be held to discharge the other partners, nor shall it impair the right of the creditor to proceed against such members of the partnership as have not been discharged; and the members of the partnership so proceeded against shall be permitted to set off any demand against the creditor which could have been set off had the suit been brought against all the individuals composing the firm. 1415 Nor shall the compromise or discharge of an individual member of a firm prevent the other members of the firm from availing themselves of any defense, that would have been available had this chapter not been passed, except that they shall not set up the discharge of one individual as a discharge of the other partners, unless it appear that all were intended to be discharged; but the discharge of any such partner shall be deemed a payment to the creditor equal to the proportionate interest of the partner discharged in the partnership concern.
Sec. 1497. Such compromise or composition of a member of a firm—partner’s liability for partnership debts. with a creditor of such firm shall in no wise affect the right of the other partners to call on the member who makes it for his ratable proportion of any partnership debt which they may be compelled to pay. Sec. 1498. Limited partnerships.—Limited partnerships for theLimited partnerships. transaction of any mercantile, mechanical, or manufacturing business within the District may be formed by two or more persons upon the terms, with the rights and powers, and subject to the conditions and liabilities prescribed in this chapter.
Sec. 1499. Such partnership may consist of one or more persons,—of whom composed. who shall be called general partners and who shall be jointly and severally responsible as general partners are by law, and of one or more persons who shall contribute, in actual cash payments, a specific sum as capital to the common stock, who shall be called special partners. Sec. 1500. Number.—The number of special partners shall in noNumber of special partners. partnership exceed six. Sec. 1501.
Liability.—The special partners shall not be liable—liability. for the debts of the partnership beyond the fund contributed by them to the capital. Sec. 1502. Certificate to be signed.—Persons desirous of formingCertificate of. a limited partnership shall make and severally sign a certificate, which shall contain— First. The name or firm under which such partnership is to be conducted. Second. The general nature of the business intended to be transacted. Third. The names of all the general and special partners interested therein, distinguishing which are general and which are special partners, and their respective places of residence.
Fourth. The amount of capital which each special partner shall have contributed to the common stock. Fifth. The period at which the partnership is to commence and the period at which it is to terminate. Sec. 1503. Acknowledgment and recording.—The certificate shallAcknowledgment and recording. be acknowledged by the several persons signing the same before a judge of any court in the District, or before any notary public, and such acknowledgments shall be made and certified in the same manner as the acknowledgments of deeds of land, and when so acknowledged and certified shall be filed in the office of the clerk of the supreme court of the District, and shall be recorded by him at large in a book kept for that purpose, open to public inspection.
Sec. 1504. Affidavits.—At the time of filing the original certificate,Affidavits. with the evidence of the acknowledgment thereof, as directed in the preceding section, an affidavit of one or more of the general partners shall also be filed therewith in the same office, stating that the sums specified in the certificate to have been contributed by each of the special partners to the common stock have been actually and in good faith paid in cash. Sec. 1505. No such partnership shall be deemed to have been formedPartnership formed only after filing, etc., certificate, etc. until a certificate shall have been made, acknowledged, filed, and recorded, nor until an affidavit shall have been made and filed, as directed by the three preceding sections. 1416 Sec. 1506.
False statements in certificate.False statements.—If any false statement, not the result of accident or mistake, shall be made in the certificate or affidavit required by the preceding sections of this chapter, all the persons interested in the partnership snail be liable for all the engagements of such partnership as general partners. Sec. 1507. Publication.Publication.—The partners shall publish the terms of the partnership, when registered, three times a week for at least four weeks immediately after such registry in two newspapers to be designated by the clerk of the supreme court of the District, the first publication to appear within one week after the registry.
Sec. 1508. —effect want of publication.If the publication prescribed in the preceding section be not made, the partnership shall be deemed general. Sec. 1509. Affidavits of publication.The affidavits of the publication of the notice required by section fifteen hundred and seven by the editor or publishers of the newspapers in which the same shall have been published shall be filed with the clerk directing the same, and shall be prima facie evidence of the facts therein contained, the affidavit of any one editor or publisher of each newspaper being sufficient.
Sec. 1510. Renewal of partner-ship to be certified, etc.Renewal of partnership.—Every renewal or continuance of a partnership beyond the time originally fixed for its duration shall be certified, acknowledged, and recorded, and an affidavit of a general partner be made and filed, and notice be given in the manner required by the provisions of this chapter for its original formation. Sec. 1511. —otherwise deemed a general partnership.Every partnership which shall be renewed and continued otherwise than as provided in this chapter shall be deemed a general partnership.
Sec. 1512. What shall be a dissolution.What shall be a dissolution.—Every alteration which shall be made in the names of the partners, in the nature of the business, or in the capital or shares thereof, or in any other matter specified in the original certificate, shall be deemed a dissolution of the partnership. Sec. 1513. Effect of certain acts.Effect of certain acts.—Every partnership which shall in any manner be carried on after any such alteration shall have been made shall be deemed a general partnership, unless renewed as a special partnership under the provisions of section fifteen hundred and ten.
Sec. 1514. Name to be used.Name to be used.—The business of the partnership may be conducted under the name of any one or more of the general partners, and with or without the addition of the word Co. or company, as the parties may determine. Sec. 1515. What names to be used in suits.What names to be used in suits.—In any action or suit brought on any contract or engagement of the partnership, or to enforce any liability of the same, the general partners whose names shall be used in the firm or business shall be the only necessary defend-ants; and any judgment or decree recovered against such defendants shall have the same legal effect and operation and execution thereon shall be enforced and have like effect against the partnership assets as if the judgment or decree had been recovered against the general partners.
Sec. 1516. When special deemed general partner.If the name of any special partner shall be used in the firm with his privity, he shall be deemed a general partner. Sec. 1517. Who to transact business.Who to transact business.—The general partners only shall transact the business, and if a special partner shall interfere contrary to this provision he shall be deemed a general partner, but he may from time to time examine into the state and progress of the partnership concerns and advise as to their management.
Sec. 1518. Withdrawal of capital.Withdrawal of capital—No part of the sum which any special partner shall have contributed to the capital stock shall be withdrawn by him or paid or transferred to him in the shape of dividends, profits, or otherwise, during the continuance of the partnership, 1417 but any partner may annually receive lawful interest on the sum so contributed by him if the payment of such interest shall not reduce the original amount of such capital: and if after payment of such interest any profits shall remain to be divided, he may also receive his portion of such profits.
Sec. 1519. Reduction of capital.—If it shall appear that by theReduction of capital. payment of interest or profits to any special partner the original capital has been reduced, the partner receiving the same shall be bound to restore the amount necessary to make good his share of capital, with interest, on being notified thereof. Sec. 1520. Assignment with preferences.—Every sale, assignment,Assignment with preferences. or transfer of any property or effects of a partnership, or of any general partner, made by such partnership or general partner when insolvent or in contemplation of insolvency, or after or in comtemplation of the insolvency of any general partner, with the intent of giving preference to any creditor of such partnership or insolvent partner, and every judgment confessed, lien created, or security given by such partnership or general partner under the like circumstances and with the like intent, shall be void as against the creditors of such partnership.
Sec. 1521. Every special partner who shall violate any of the provisions—penalty, special partner. of the two preceding sections, or who shall concur in or assent to any such violation by the partnership or by any individual partner, shall be liable as a general partner. Sec. 1522. No partner to claim before creditors are paid.—No partner to claim before creditore are paid.In case of the insolvency or bankruptcy of a partnership no special partner shall, under any circumstances, be allowed to claim as a creditor until the claims of all the other creditors of the partnership shall be satisfied.
Sec. 1523. Suits to be against general partners only, in what cases.—When suits to be against general partners only.All suits respecting the business of the partnership shall be brought by and against the general partners only, subject to the pro-visions of section fifteen hundred and fifteen, except in those cases in which provision is made in this chapter that special partners shall be deemed general partners and special partnerships general partnerships, in which cases all persons so becoming general partners may be joined with those originally general partners in any suit brought against such partnerships.
Sec. 1524. If, in any case or suit brought against general and special—when brought against general and special partners; latter discovered not to be suable, etc. partners, it shall appear at the trial of the case that the special partners or any one of them are not liable to the suit of the plaintiff, the court may proceed to judgment or decree against the partners who may appear to be liable, in the same manner as if such partners were the only parties defendant to the suit, excepting that the partners who may be deemed not liable shall recover their legal costs against the plaintiffs.
Sec. 1525. If, in any case or suit brought against general and specialSuit against special partner becoming liable after judgment against general partners. partners, the creditor shall recover a judgment or obtain a decree against the general partners only, and shall afterward discover that special partners, or some one or more of them, have become liable as general partners, he may bring a new suit against such special partner or partners. Sec. 1526. In the suits mentioned in the two preceding sections the—force of Judgments, etc. judgment recovered shall be prima facie evidence of the amount due by the partnerships, and the partnership debt shall not be merged in any judgment or decree recovered or obtained against any partner or partners as against any other partner or partners.
Sec. 1527. Voluntary dissolution.—No dissolution of such partnershipVoluntary dissolution. by act of the partners shall take place previous to the time specified in the certificate of its formation, or in the certificate of its renewal, unless in consequence of the death of one of the partners or 1418insolvency of the partnership or of one of the general partners, nor until a notice of such dissolution shall have been tiled and recorded in the office of the clerk of the supreme court of the District, and published once a week for four weeks in two newspapers to be designated by the clerk, which publication may be proved by affidavit, and recorded as hereinbefore prescribed for the publication of the certificate for the formation of such partnership.
Sec. 1528. Liability of the general partners to each other, etc.Liability of the general partners.—The general partners shall be liable to account to each other and to the special partners for the management of the concern, both at law and in equity. Chapter Forty-Eight. Payment of money into court.PAYMENT OF MONEY INTO COURT. Sec. 1529. In what cases.In what cases.—In any personal action the defendant may nay into court a sum of money on account of what is claimed by the plaintiff, or by way of compensation or amends, with costs to the time of such payment, and plead that he is not indebted to the plaintiff (or that the plaintiff has not sustained damages) to a greater amount than said sum.
Sec. 1530. —right of plaintiff.Right of plaintiff.—The plaintiff may accept the said sum, either in full satisfaction or in part satisfaction, and reply to the plea generally, and if issue thereon be found for the defendant judgment shall be given for the defendant and he shall recover his costs. Sec. 1531. Defendant’s right on claim by third party.Defendant's right on claim by third party.—Upon affidavit by the defendant, in an action upon contract or for the recovery of personal property, that a third party, without collusion with him, has or makes claim to the subject of the action, and that he, the defendant, is ready to pay or dispose of the same as the court may direct, the court may make an order for the safe-keeping or for the payment or deposit in court of the subject of the action, or the delivery —appearance, etc., of third party.thereof to such person as it may direct, and also an order requiring such third party to appear in a reasonable time and maintain or relinquish his claim against the defendant; and if said third party, having been served with a copy of the order by the marshal, fail to appear the court may declare him barred of all claim in respect to the subject of the action against the defendant therein; but if he appear he shall be allowed to make himself defendant in the action in lieu of the original defendant, who shall be discharged from all liability to either of the other parties in respect to the subject of the action on his compliance with the order of the court for the payment, deposit, or delivery thereof.
Chapter Forty-Nine. Pleadings and practice in relation thereto.PLEADINGS AND PRACTICE IN RELATION THERETO. Sec. 1532. Joinder of claims.Joinder of claims.—The plaintiff may join in his declaration in debt, in separate counts, different claims for liquidated amounts due him, whether founded on judgment, specialty, or simple contract, and also claims for unliquidated damages for breach of con-tract, whether growing out of specialties or simple contract. He may also join in his declaration in trespass, in separate counts, different claims for damages for torts, whether committed with force or not.
He shall not be allowed to join in the same declaration counts sounding in tort and counts sounding in contract. Sec. 1533. Waiver of demurrer.Waiver of demurrer.—In all cases, civil or criminal, in which any or either party shall demur to any indictment, declara1419tion, or other pleading of the adverse party, and said demurrer shall be overruled, the party demurring shall have the right to plead over, by traverse or otherwise, without waiving his said demurrer; and upon appeal shall have the right to insist upon his demurrer and have the benefit thereof as fully as if he had not pleaded over.
Sec. 1534. Non est factum.—No plea of non est factum shall beNon est factum. received unless it be verified by the oath of the party tendering the same, or unless the defendant, being heir, executor, or administrator of the person alleged to have made the deed, obtain leave of the court, upon just cause shown, to put in such plea without verification. Sec. 1535. Plaintiff’s official character, how denied.—If eitherPlaintiff’s official character, how denied. party wishes to deny the right of any other party to claim as executor, or as trustee, or in other representative capacity, or as a corporation, he shall deny the same specially under oath.
Chapter Fifty. PROCESS.Process. Sec. 1536. Summons.—In all common-law civil suits and actions inSummons. the District of Columbia the process for compelling the defendant’s appearance shall be a summons in the following form: —form. Sec. 1537. Service on foreign corporations.—In actions againstService on foreign corporations. foreign corporations doing business in the District all process may be served on the agent of such corporation or person conducting its business, or, in case he is absent and can not be found, by leaving a copy at the principal place of business in the District, or, if there be no such place of business, by leaving the same at the place of business or residence of such agent in said District, and such service shall be effectual to bring the corporation before the court.
Chapter Fifty-One. QUO WARRANTO.Quo warranto. Sec. 1538. Against whom issued.—A quo warranto may be issuedAgainst whom issued. from the supreme court of the District in the name of the United States— First. Against a person who usurps, intrudes into, or unlawfully holds or exercises within the District a franchise or public office, civil or military, or an office in any domestic corporation. 1420 Second. Against any one or more persons who act as a corporation within the District without being duly authorized, or exercise within the District any corporate rights, privileges, or franchises not granted them by the laws in force in said District.
And said proceedings shall be deemed a civil action. Sec. 1539. Who may institute.Who may institute.—The Attorney-General or the district attorney may institute such proceeding on his own motion, or on the relation of a third person. But such writ shall not be issued on the relation of a third person except by leave of the court, to be applied for by the relator, by a petition duly verified, setting forth the grounds of the application, or until the relator shall file a bond with sufficient surety, to be approved by the clerk of the court, in such penalty as the court may prescribe, conditioned for the payment by him of all costs incurred in the prosecution of the writ in case the same shall not be recovered from and paid by the defendant.
Sec. 1540. If Attorney-General and district attorney refuse.If Attorney-General and district attorney refuse.— If the Attorney-General and district attorney shall refuse to institute such proceeding on the request of a person interested, such person may apply to the court by verified petition for leave to have said writ issued; and if in the opinion of the court the reasons set forth in said petition are sufficient in law, the said writ shall be allowed to be issued by any attorney, in the name of the United States, on the relation of said interested person, on his compliance with the condition prescribed in the last section as to security for costs.
Sec. 1541. Relator claiming office.Relator claiming office.—When such proceeding is against a person for usurping an office, on the relation of a person claiming the same office, the relator shall set forth in his petition the facts upon which he claims to be entitled to the office. Sec. 1542. Notice to defendant.Notice to defendant.—On the issuing of the writ the clerk may fix a time within which the defendant may appear and answer the same. If the defendant can not be found in the District, the court Nonappearance after service by publication.may direct notice to be given to him by publication as in other cases of proceedings against nonresident defendants, and upon proof of publication, if the defendant shall not appear, judgment may be rendered as if he had been personally served.
Sec. 1543. —after personal service.If the defendant shall not appear as required by the writ, after being personally served, the court may proceed to hear proof in support of the writ, and render judgment accordingly. Sec. 1544. Pleading.Pleading.—The defendant may demur or plead specially or plead “Not guilty” as the general issue, and the United States may reply as in other actions of a civil character; and any issue of fact shall be tried by a jury if either party shall require it, otherwise it shall be determined by the court.
Sec. 1545. Verdict.Verdict.—Where the defendant is found by the jury to have usurped or intruded into or unlawfully held or exercised an office or franchise, the verdict shall be that he is guilty of the act or acts in question, and judgment shall be rendered that he be ousted and excluded there from and that the relator recover his costs. Sec. 1546. Usurping corporate franchise.Usurping corporate franchise.—Where the proceeding is against persons acting as a corporation without being legally incorporated, the judgment against the defendants shall be that they be perpetually restrained and enjoined from the commission or continuance of the acts complained of.
Sec. 1547. Elections of directors, etc.Elections of directors, and so forth.—Where the proceeding is against a director or trustee of a corporation and the court finds that at his election either illegal votes were received or legal votes rejected, or both, sufficient to change the result if such error be corrected, judgment may be rendered that the defendant be ousted, and that the relator, if entitled to be declared elected, be admitted to the office, and a mandamus may be issued to the proper parties, being officers or members of said corporation, to admit him to 1421 said office.
The said judgment may require the defendant to deliver to the relator all books, papers, and other things in his custody or control pertaining to the said office, and obedience to said judgment may be enforced by attachment. Sec. 1548. Action against intruder for damages.—At any timeAction against intruder for damages. within a year after such judgment the said relator may bring an action against the party ousted and recover the damages sustained by him by reason of such usurpation of the office to which he was entitled.
Chapter Fifty-two. REPLEVIN.Replevin. Sec. 1549. Will be for what.—In any action of replevin broughtNot necessary to demand property before action, etc. to recover any personal property to which the plaintiff is entitled, which may have been wrongfully taken by or may be in the possession of and wrongfully detained by the defendant, it shall not be necessary to demand possession of said property before bringing the action therefor; but in such cases the costs of the action shall be awarded as the court may order.
Sec. 1550. Declaration.—The declaration in replevin shall be inDeclaration. the following or equivalent form: “The plaintiff sues the defendant for (wrongly taking and detaining) (unjustly detaining) his, said plain-tiff’s, goods and chattels, to wit: (describe them) of the value of ——— dollars. And the plaintiff claims that the same be taken from the defendant and delivered to him; or, if they are eloigned, that he may have judgment of their said value and all mesne profits and damages, which he estimates at ——, besides costs.
” Sec. 1551. Affidavit.—At the time of filing the declaration inAffidavit, replevin, the plaintiff, his agent, or attorney shall tile an affidavit stating— First. That, according to affiant’s information and belief, the plain-tiff is entitled to recover possession of chattels proposed to be replevied, being the same described in the declaration. Second. That the defendant has seized and detained or detains the same. Third. That said chattels were not subject to such seizure or detention and were not taken upon any writ of replevin.
Sec. 1552. Undertaking.—The plaintiff shall at the same time enterUndertaking. into an undertaking with surety, approved by the clerk, to abide by and perform the judgment of the court in the premises. Sec. 1553. If goods not seized.—If the officer’s return of theIf goods not seized. writ of replevin be that he has served the defendant with copies of the declaration, notice to plead, and summons, but that he could not get possession of the goods and chattels sued for, the plaintiff may prose-cute the action for the value of the same and damages for detention, or he may renew the writ in order to get possession of the goods and chattels themselves.
Sec. 1554. Publication against defendant.—If the officer’s returnPublication against defendant. be that he has taken possession of the goods and chattels sued for, but that the defendant is not to be found, the court may order that the defendant appear to the action by some fixed day; and of this order the plaintiff shall cause notice to be given by publication in some news-paper of the District at least three times, the first of which shall be at least twenty days before the day fixed for the defendant’s appearance.
Sec. 1555. Default.—If the defendant fails to appear, the courtDefault. may proceed as in case of default after personal service. Sec. 1556. Pleading.—If the defendant appear he may plead notPleading. guilty, in which case all special matters of defense may be given in evidence, or he may plead specially. 1422 Sec. 1557. Motion for return of property.Motion for return.—On the taking possession of the goods and chattels by the marshal, by virtue of the writ of replevin, the defendant may. on one day’s notice to the plaintiff or his attorney, move for a return of the property to his possession; and the court may thereupon inquire into the circumstances and manner of the defend-ant's obtaining possession of such property, and if it shall seem just may order the property to be returned to the possession of the defend-ant, to abide the final judgment in the action, and may, in its discretion, require the defendant to enter into an undertaking, with surety or sureties, similar to that required of the plaintiff upon the commencement of the action, and in such case a judgment for the plaintiff shall be rendered against the surety or sureties, as well as against the defend-ant.
If it shall appear that the possession of the property was forcibly or fraudulently obtained by the defendant, or that the possession, being first in the plaintiff, was procured or retained by the defendant without authority from the plaintiff, the court may refuse to order the return. The defendant may also, on similar notice, object to the sufficiency of the security in the undertaking, and the court may require additional security, in default of which the property shall be returned to the defendant, but the action may proceed as if the property had not been taken.
Sec. 1558. Officer’s duty when notified of impending motion.Officer’s duty.—If the defendant shall notify the officer taking possession of the property, in writing, of his intention to make either of the motions aforesaid, it shall be the duty of the officer to retain possession of the property until said motion shall be disposed of, provided that the same shall be tiled and notice given, as aforesaid, to the plaintiff', or his attorney, within two days thereafter. Sec. 1559.
Damages.Damages.—Whether the defendant plead and the issue thereon joined is found against him, or his plea is held bad on demurrer, or he makes default after personal service or after publication, the plaintiff’s damages shall be ascertained by the jury trying the issue, where one is joined, or by a jury of inquest, where there is no issue of fact, and the damages shall be the full value of the goods, if eloigned by the defendant, including, in every case, the loss sustained by the plaintiff by reason of the detention, and judgment shall pass for the plaintiff accordingly.
Sec. 1560. Judgment for defendant.—If the issue be found for the defendant, or the plaintiff dismiss or fail to prosecute his suit, the judgment shall be that the goods, if delivered to the plaintiff, be re-turned to the defendant with damages, or, on failure, that the defend-ant recover against the plaintiff and his surety the damages by him sustained, to be assessed by the jury trying the issue; or, where the plaintiff dismisses or fails to prosecute his suit, by the jury of inquest.
Sec. 1561. —where defendant has eloigned things sued for.If the defendant has eloigned the things sued for the court may instruct the jury, if they find for the plaintiff, to assess such damages as may compel the defendant to return the things. Sec. 1562. Judgment for plaintiff.Judgment for plaintiff.—The judgment in such cases shall be that the plaintiff recover against the defendant the value of the goods as found and the damages so assessed, to be discharged by the return of the things, within ten days after the judgment, with damages for detention, which the jury shall also assess.
Chapter Fifty-Three. Set-off.SET-OFF. Sec. 1563. What can be set-off.What can be set-off.—Mutual debts and claims under contract between the parties to a common-law action, or between one party and the testator or intestate of the other, or between the testators or intestates of both parties, may be set off against each other by plea in bar, whether said debts or claims be of the same or a different 1423 nature or degree, and whether the claims be for liquidated debts or unliquidated damages for breach of contract; and if either debt be in the form of the penalty of a bond the exact sum to be set off shall be stated in the plea.
Sec. 1564. Form of plea.—The plea of set-off may be as follows:Form of plea. That the plaintiff, at the commencement of the suit, was, and still is, indebted to the defendant in the sum of _ _ _ dollars, for that, and so forth, as appears by the particulars of said indebtedness here-unto annexed; and defendant is willing that the same may be set off against the plaintiff’s demand. Sec. 1565. Set-off an action by defendant.—A defendant whoSet-off an action by defendant. files a plea of set-off, founded on a claim against the plaintiff, shall be deemed to have brought an action at the time of filing such plea against the plaintiff for the matters mentioned in the plea; but it shall not be necessary that the amount of the claim so sought to be set off shall be such that the court would have jurisdiction of an original action to recover the same; and the plaintiff shall not thereafter be allowed to dismiss his suit without the consent of the defendant, but the defendant shall be entitled to a trial of and judgment upon his claim, but the same shall be open to the same defenses to which it would be open in an action brought by him thereon: and on the trial of an issue on said plea of set-off judgment shall be rendered for the balance found due, whether to the plaintiff' or to the defendant, with costs: *Provided,* That*Proviso.*—jurisdiction of justices of the peace not enlarged. nothing herein contained shall be construed to enlarge the jurisdiction of justices of the peace so as to authorize any judgment by any such justice in excess of three hundred dollars.
Sec. 1566. Effect of assignment.—When cross demands haveEffect of assignment. existed between persons under such circumstances that if one had brought an action against the other a counterclaim or set-off could have been pleaded, neither can be deprived of the benefit thereof by an assignment by the other; but in an action by the assignee of any nonnegotiable debt the defendant may set off any indebtedness to him of the assignor, existing before notice of the assignment, as well as any indebtedness to him of the plaintiff.
Sec. 1567. Set-off as to part.—If the defendant’s plea of set-offSet-off as to part. covers or applies to only part of the plaintiff's demand judgment may be forthwith rendered for the part not controverted and the costs accrued until the filing of the plea, and the ease shall be proceeded with for the residue as if the part for which judgment was rendered had not been included therein. Sec. 1568. Action against principal and sureties.—In an actionAction against principal and sureties. against principal and sureties an indebtedness of the plaintiff to the principal may be set off as if he were the sole defendant, and in such case, if the indebtedness so set off shall exceed the plaintiff's demand, the judgment for the excess shall be in favor of the defendant, who is sued as principal.
Sec. 1569. —Action by trustee.—If the plaintiff is trustee forAction by trustee. another, or has no actual interest in the contract on which the action is founded, a demand against the plaintiff shall not be pleaded by way of set-off, but a demand against the person whom he represents or for whose benefit the action is brought may be pleaded. Sec. 1570. Action by or against executor, and so forth.—In anAction by or against executor, etc. action against an executor or administrator, in his representative capacity, the defendant may plead, by way of set-off, a demand be-longing to the decedent where he would have been entitled to rely upon the same in an action against him; and in an action brought by an executor or administrator, in his representative capacity, a demand against the decedent, belonging at the time of his death to the defend-ant, may be pleaded by way of set-off, as if the action had been brought by the decedent in his lifetime. 1424 Sec. 1571.
Setting off judgments.Setting off judgments.—Where reciprocal claims between different parties have passed into judgments the court may, on motion, in its discretion, order that the judgments shall be set off against each other and satisfaction of both be entered to the amount of the smaller claim. Chapter Fifty-four. Sureties.SURETIES. Sec. 1572. Counter security.Counter security.—When the surety, or his personal representatives, of any officer, commissioner, receiver, or trustee appointed under a decree of court and required to give bond shall apprehend himself to be in danger of suffering from the suretyship and shall petition the court to be relieved from the suretyship, or that the court shall require said officer, commissioner, receiver, or trustee to give counter security, the court may, on reasonable notice to the trustee or other officer, require him to give counter security or to give a new bond in the same manner as if none had been given by him, and on his failure so to do by a day named may remove him from his office or trust and appoint a new trustee or other officer in his stead to complete the duties of his office or trust, and may thereupon order him to deliver over to his successor all the trust property, including moneys, books, papers, bonds, notes, and evidences of debt, and may compel compliance with said order by attachment.
Sec. 1573. Surety or indorser paying judgment against principal and himself to have recourse against principal.Judgments against.—Where any person shall recover a judgment or money decree against the principal debtor and a surety or indorser, and the judgment shall be satisfied by the surety or indorser, the latter shall be entitled to have the judgment or money decree entered by the clerk to his use and to have execution in his own name against the principal, and where any judgment or money decree shall be rendered against several sureties and one of them shall satisfy the whole debt, the said surety shall be entitled to have the judgment or decree entered to his use, as aforesaid, and to have execution against each of the other sureties in the judgment or decree for a proportionate part of the debt so paid by him; and on the motion of said surety so paying the entire debt and notice to the other sureties the court may determine for what amount execution shall issue against each of the other sureties.
Chapter Fifty-Five. Surveyor.SURVEYOR. Sec. 1574. Office to be office of record of plats of all property, etc.Office.—The office of the surveyor of the District shall be the legal office of record of the plats of all private property, in the District of Columbia, and authenticated copies of all records of the division of squares and lots made between the public and the original proprietors or otherwise authorized by law shall be kept in said office. Sec. 1575. —transcripts from records.Transcripts.—All transcripts from such records certified by the surveyor shall be prima facie evidence thereof.
Sec. 1576. Records District property.Records.—The records of the surveyor of the District of Columbia shall be a part of the United States property under the jurisdiction of the Commissioners of the District of Columbia. Sec. 1577. Salary of surveyor.Salary.—The surveyor of the District of Columbia shall receive a salary of three thousand dollars per annum in lieu of fees, and shall be appointed by the Commissioners of the District of Columbia for a term of four years, unless sooner removed for cause, and shall be under the direction and control of the said Commissioners.
Sec. 1578. —bond.Bond.—The surveyor shall give bond to the United States in the penalty of twenty thousand dollars, with security, to be 1425approved by the Commissioners, conditioned for the faithful discharge of the duties of his office, and shall take and subscribe an oath or affirmation before the Commissioners that he will faithfully and impartially discharge the duties of his office, which bond and oath shall be deposited with the Commissioners of the District of Columbia.
Sec. 1579. Assistant surveyor.—The Commissioners of the District,Assistant surveyor of Columbia, on the recommendation of the surveyor, are hereby authorized to appoint one assistant surveyor, at a salary of one thou-sand eight hundred dollars per annum, and such employees as may in the judgment of the Commissioners of the District of Columbia be required for the surveyor's office and operation, at an aggregate expense of not exceeding ten thousand dollars in any one year. Sec. 1580.
Scale of plats.—The plats and squares and subdivisionsScale of plate. of the city of Washington shall be drawn upon a uniform scale of not less than one inch to fifty feet, and shall show the lines of all subdivisions of the squares as the same existed at the date of the completion of each square. Sec. 1581. Subdivisions.—Whenever the proprietor of any squareSubdivisions. or lot shall deem it necessary to subdivide the same into convenient building lots or portions for sale and occupancy and alleys for their accommodation, he may cause a plat to be made by the surveyor, on which shall be expressed the dimensions and length of all the lines of such portions as are necessary for defining and laying off the same on the ground, and may certify such subdivision under his hand and seal, in the presence of two or more credible witnesses, upon the same plat or on a paper or parchment attached thereto.
Sec. 1582. At the request of the proprietor the surveyor shallCertification of correct plat examine whether the lots or parcels into which any square or lot may be subdivided as provided in the preceding section agree in dimensions with the whole of the square or lot so intended to be subdivided, and whether the dimensions expressed on the plat of subdivision be the true dimensions of the parts so expressed; and if upon such examination he shall find the plat correct, he shall certify the same under his hand and seal, with such remarks as appear to him necessary, and shall record the plat as examined in a book to be kept by him for that purpose.
Sec. 1583. Reference to subdivisions.—When a subdivisionReference to subdivisions. of any square or lot shall be so certified, examined, and recorded, the purchaser of any part thereof or any person interested therein may refer to the plat and record for description in the same manner as to squares and lots divided between the, Commissioners and original proprietors. Sec. 1584. Alleys.—The ways, alleys, or passages laid out orAlleys. expressed on any plat of subdivision shall be and remain to the public or subject to the uses declared by the person making such subdivision at all times under the same police regulations as the alleys laid off by the Commissioners on division with the original proprietors.
Sec. 1585. Deficiency in number of febt.—Whenever the surveyorDeficiency in number of feet. shall lay off any lot, or any parts into which a square or lot may be subdivided, as provided in this chapter, he shall measure the whole of that front of the square on which such lot or part lies, and if, on such admeasurement, the whole front of the square exceeds or falls short of the aggregate of the fronts of the lots on that side of the square, as the same are recorded, he shall apportion such excess or deficiency among the lots or pieces on that front agreeably to their respective dimensions.
Sec. 1586. Party walls.—Whenever, on such admeasurement, theParty walls. wall of a house previously erected by any proprietor shall appear to stand on the adjoining lot of any other person in part less than seven—when wall deemed to stand on adjoining lot. inches in width thereon, such wall shall be considered as standing 1426 altogether on the land of such proprietor, who shall pay to the owner of the lot on which the wall may stand a reasonable juice for the ground so occupied, to be decided by arbitrators or a jury, as the parties interested may agree.
Sec. 1587. —when deemed party wall.If the wall of any house already erected cover seven inches or more in width of the adjoining lot, it shall be deemed a party wall, according to the regulations for building in the District, and the ground so occupied more than seven inches in width shall be paid for as provided in the preceding section. Sec. 1588. —certificate of.The surveyor shall ascertain and certify and put on record, at the request and expense of any person interested therein, the fact of the occupation of land by a party wall, as mentioned in the preceding section.
Sec. 1589. Adjusting lines of buildings.Adjusting lines of buildings.—It shall be the duty of the surveyor to attend, when requested, and examine the foundation or walls of any house to be erected, when the same shall be level with the street or surface of the ground, for the purpose of adjusting the line of the front of such building to the line of the street and correctly placing the party wall on the line of division between that and the adjoining lot; and his certificate of the fact shall be admitted as evidence and binding on the parties interested.
Sec. 1590. Order of survey to be speedily executed.Order of survey to be speedily executed.—The surveyor shall, as speedily as possible, execute any order of survey made by any court or private individual of any lot or square within the city of Washington, or of any land within the District of Columbia outside of said city, and shall make due return of a true plat and certificate thereof. Sec. 1591. Surveys for District.Surveys for District.—It shall be the duty of the surveyor to execute any surveying work for the District of Columbia —fees, etc.without charge, on the order of the Commissioners; and all fees for surveys made by the surveyor or the assistant surveyor shall be paid over to the collector of taxes of the District of Columbia under regulations to be prescribed by the Commissioners of the District of Columbia, and be covered into the Treasury of the United States as —field notes, etc.other revenues of the District are now; and the field notes of the surveyor and his assistant shall be preserved and shall be a part of the public property of the District of Columbia, and all records, plats, plans, and other papers or documents now existing, or hereafter made or secured by the office of the said surveyor, shall be delivered by each surveyor to his successor in office, and no plat or survey of land shall be recorded in the office of the surveyor of the District of Columbia except it be certified to as correct by the surveyor of said District.
Sec. 1592. Assistant surveyor’s duties.Assistant surveyor’s duties.—The assistant surveyor shall take the same oath his principal is required to take, and may, during the continuance of his office, discharge and perform any of the official duties of his principal, and any default or misfeasance in office by the assistant surveyor, or other assistant or helper of the surveyor, shall be deemed a breach of the official bond of his principal. Sec. 1593. Fees of surveyor.Fees.—The Commissioners of the District of Columbia are hereby authorized from time to time to prescribe a schedule of fees to be charged by the surveyor for his services, which schedule shall be printed and conspicuously displayed in the office of the surveyor.
Sec. 1594. Subdivisions of United States squares.Subdivisions of United States squares. Whenever the President shall deem it necessary to subdivide any square or lot belonging to the United States within the city of Washington, not reserved for public purposes, into convenient building lots or portions for sale and occupancy, and alleys for their accommodation, he may cause a plat to be made by the surveyor in the manner prescribed in 1427this chapter, which plat shall be recorded by the surveyor; and the provisions of this chapter shall extend to the lots, pieces, and parcels of ground contained in such plat as fully as to subdivisions made by individual propietors.
Sec. 1595. Alterations of boundaries, and so forth.—WheneverAlterations of boundaries, etc. the proprietor of any tract or parcel of land in the District of Columbia shall desire or deem it necessary to subdivide or alter boundaries, or change the surveys of any such tract or parcel of land, such subdivision, alteration, or change shall be by the surveyor of the District of Columbia, or his assistant, only, and shall be entered in the plat book or books of said surveyor. All such subdivisions, alterations, or changes shall be, certified by the surveyor, the party wishing such plat, and two competent witnesses, whose names shall he appended thereto.
Sec. 1596. Records of divisions.—All records, or copies thereof,Records of divisions to be kept in surveyor’s office, etc. of the divisions of squares and lots heretofore made between the public and the original proprietors, or which are authorized by this chapter, shall be kept in the office of the surveyor of the District of Columbia, and the surveyor shall put up, label, index, and preserve all the maps, charts, plats, plans, and other drawings and papers relating to the District of Columbia or which appertain to his office, and which may come to his office for deposit, record, or otherwise.
Sec. 1597. Errors.—Whenever it shall be made to appear to theErrors of surveyor, recovery for. satisfaction of the Commissioners that the surveyor has been guilty of culpable error or neglect, by which the District may be obliged to pay damages, it shall be lawful for the Commissioners to deduct and retain from the salary of the surveyor the amount of damages which the District may have paid in each and every case: and in case the salary then due the said surveyor shall be insufficient to cover the damages which the District shall have paid the Commissioners are hereby required to institute suit upon the bond of the surveyor for the recovery of such damages.
Sec. 1598. Boundaries of dots to be marked.—It shall also beBoundaries and grades of lots to be marked. the duty of the surveyor on the request of the proprietor or proprietors of any square, lot, or piece of ground within the District of Columbia to set out and mark the proper lines, and furnish to him, her, or them a certificate describing the dimensions and boundaries of the same, according to the plan. Sec. 1599. Books, maps, etc., to be kept by surveyor.Books, maps, and so forth, to be kept by surveyor.The surveyor shall keep his office in a room designated by the Com- missioners for the purpose, and shall not be engaged in the transaction of any business appertaining to any other office or appointment which may be held by him, and shall in his said office preserve and keep all such maps, charts, surveys, books, records, and papers relating to the District of Columbia, or to any of the avenues, streets, alleys, public spaces, squares, lots, and buildings thereon, or any of them, as shall for the purpose of being deposited in his office come into his hands or possession; and shall, in books provided or to be provided for that purpose, keep a true record of every survey, certificate, or account which shall be made, issued, or prepared by him, and also shall preserve and keep in good order and repair the instruments in his said office belonging to the District.
Sec. 1600. Papers, and so forth, to be the property of the District of Columbia.——deemed property of the District.All papers, plats, and records of his office shall be deemed the property of the District of Columbia, and shall constitute a part of the public records; and in all cases of vacancy in the office, by resignation or otherwise, they shall be transferred to his successor in office. Sec. 160l. Peats, when to be recorded.—The Commissioners areCommissioners to make regulations as to plats, etc. authorized and directed to make and publish such general orders as may be necessary to regulate the platting and subdividing of all lands 1428—recording platsand grounds in the District of Columbia under their jurisdiction: and no such plat of subdivision made in pursuance of such orders shall be admitted to record in the office of the surveyor of said District with-out an order to that effect indorsed thereon by the Commissioners of said District.
Sec. 1602. Streets, etc.Streets, and so forth. —All spaces on any duly recorded plat of land thereon designated as streets, avenues, or alleys shall there-upon become public ways, provided they are made in conformity with the preceding section. Sec. 1603. Cemeteries, right of way through, for streets, etc.Cemeteries. If by the extension of any of the present streets or avenues or the opening of any public way it becomes necessary to traverse any grounds now used as a cemetery or place of burial, the Commissioners are empowered to secure a right of way through the same by stipulation with the proprietors thereof.
Sec. 1604. Subdivision to con-form to plan of Washington.Subdivision to conform to plan of Washington.—No subdivision of land in the District of Columbia without the limits of the city of Washington shall be recorded in the office of the surveyor or in the office of the recorder of deeds unless the same shall have been first approved by the Commissioners of the District of Columbia and be in conformity with the recorded plans for a permanent system of highways. Sec. 1605. Changing of alley-ways.Changing of alleyways.
That whenever all the owners of an entire square, or all the owners of a part of a square bounded on all sides by public streets, in the District of Columbia, shall present to the Commissioners of the District of Columbia a petition asking that any alley or alleys within said square or part of square may be closed wholly or partially, and shall in said petition offer to dedicate for public use. and shall so dedicate if in the opinion of the Commissioners of said District such dedication is necessary, as alleyways ground owned by the petitioners in amount equal at least in area to that of the alleyway sought to be closed, and shall also present to said Commissioners with said petit ion a correct plat of said square or part of square signed by all of the owners thereof, upon which shall be accurately delineated the positions and dimensions of the existing alley way or ways and a subdivision of the entire area of the alley or alleys sought to be closed into parcels, according to an agreement of all said owners for the future ownership of the same, the name of the agreed future owner of each parcel being marked thereon, and showing also the position and dimensions of the new alley way or ways proposed to be substituted therefor, it shall be the duty of said Commissioners, upon being satisfied of the truth of the facts stated in the petition as to ownership and of correctness of the plat, and also that the proposed change will not be detrimental to the public convenience, to make an order declaring the existing alley way or ways closed, as prayed tor, and opening the new alley way or ways proposed to be substituted therefor.
Sec. 1606. —rights to vest, etc., after Commissioners’ order recorded.That the Commissioners shall cause a certified copy of the order to be attached to the plat and delivered to the petitioners, who shall file the same for record with the recorder of deeds of the District and also in the office of the surveyor of the District, each of whom shall record the same, and thereafter the. right of the public to use the alley way or ways declared closed and the proprietary interest of the United States therein shall forever cease and determine, and the title to the same shall be vested according to the agreement of the owners as shown in the aforesaid plat, each person being thenceforward the owner in fee simple of the parcel or parcels upon which his name shall be marked as provided in the aforegoing section.
The new alley way or ways described in said order and delineated on said plat shall thereafter be and remain dedicated to public use as alleyways,1429 and, like other alleys of said city, shall be under the care and control of the city authorities. Sec. 1607. Obliterating subdivisions and alleys.—WheneverObliterating subdivisions and alleys for owner of an entire square, etc. the title in fee simple to an entire square is vested in one person or in tenants in common, or partners, and such owner or owners desire to improve said square by the erection of a building thereon, covering not less than two-thirds of the area thereof, or for the purpose of some business enterprise, the Commissioners of the District may, on the petition of such owner or owners, setting forth such ownership, the purpose for which it is desired to use such square, and the manner and the time in which it is proposed to improve the same, on being satisfied of the truth of the facts stated in the petition, and also that the proposed change and use will not be detrimental to the public interests, make an order canceling any previous subdivision of said square and obliterating all alleys therein.
They shall cause a certified copy of such order to be attached to a plat of said square and delivered to the petitioners, who shall file the same for record with the recorder of deeds, and also the surveyor of the District, each of whom shall record the same. Sec. 1608. Opening, and so forth, of alleys.—The CommissionersCommissioners may open, etc., alleys. of the District of Columbia are authorized to condemn, open, extend, widen, or straighten alleys in the District of Columbia upon the presentation to them of the plat of the alley to be condemned, opened, widened, extended, or straightened, accompanied by a petition—on petition. of the owners of more than one-half of the real estate in the square in which such alley is sought to be opened, widened, extended, or straightened; or when the Commissioners of the District of Columbia—to preserve order. shall certify that the preservation of peace, good order, and public morals require that any such alley should be opened, extended, widened, or straightened: or when said Commissioners shall deem—for drainage. that such opening, extending, widening, or straightening of an alley is necessary in order to provide proper drainage facilities for the square in which said alley is sought to be opened, extended, widened, or straightened; or when said Commissioners shall certify that such opening,—for vehicle traffic. extending, widening, or straightening of an alley is necessary in order to properly accommodate vehicle traffic in such square; or when the—for health. health officer of said District shall certify that such opening, extension, widening, or straightening of an alley is necessary for the public health; and to open, extend, widen, or straighten minor streets in said District,—minor streets. of a width not less than forty feet nor more than sixty feet, to run through a square from one street to another, whenever in the judgment of said Commissioners the public interests require it: *Provided*,*Provisos.*—closing original alleys.
That in the opening, extension, widening, or straightening of an alley or minor street it shall be lawful to close any original alley, or part of an original alley, the fee of which is in the United States, which may thereby become useless or unnecessary: and that it shall also, in like manner, be lawful to close any other alleys or parts of alleys, the title thereto to revert to the person or persons who dedicated the same for alley purposes, or to their assigns: *And provided further,* That the Commissioners of the District of Columbia are—any alley less than 10 feet wide. authorized, whenever in their judgment the same may be necessary of expedient, to close any alley or part of an alley the width of which is less than ten feet: *Provided,* That the assent thereto, in writing, is—assent of abutting owners. obtained from the owners of a majority of the real estate abutting thereon: that if the fee title to the land contained in the alley or part of an alley so to be closed is in the United States the said Commissioners are authorized to dispose of said land by sale to the owners of the lots or parts of lots contiguous thereto, at a price to be agreed upon between the said Commissioners and said owners, which price 1430shall not be less than the current market price of the ground in the, —when fee is in U.S., etc.contiguous lots; that if the fee title to the land in the alley or part of alley so to be closed is not in the United States the title to said land shall revert to the person or persons who dedicated the same for alley purposes, or to his or their heirs or assigns.
Sec. 1609. Plat of alley.That it shall be the duty of the surveyor of said District, as soon as may be thereafter, to distinctly mark off such alley in the manner in which it may be designated in the petition therefor, and make out triplicate plats of such alley, showing its courses and boundaries and the quantity in square feet which may be taken from the lots or parts of lots in the square by the opening, extending, widening, or straightening thereof, and showing also the alley or part of alley to be closed, if any, and the lots or parts of lots to which the land contained —filing.in such closed alley is to be annexed; one of which plats shall be deposited with the recorder of deeds of said District, to be filed among the records of his office, another kept in the office of the surveyor of said District, and one filed in the office of the Commissioners of the District of Columbia.
Sec. 1610. Commissioners may agree with contiguous owners for purchase of land in closed alley, etc.That in the opening, extension, widening, or straightening of an alley or minor street, as herein provided for, it shall be lawful for the Commissioners of the District of Columbia to close any alley or part of an alley thereby rendered useless or unnecessary, the fee to which is in the United States, by entering into an agreement with the owners of the lots or parts of lots contiguous thereto for the purchase by them of the land contained in said alley sought to be closed, at a price to be agreed upon by the said Commissioners and said owners, which price shall not be less per square foot than the assessed value per square foot of the contiguous lots: said agreements to be in duplicate, one of which shall be filed in the office of the recorder of deeds and the other in the office of the Commissioners of the District of Columbia, and the sums so agreed to be paid shall be assessed sever-ally against the lots or parts of lots to which the land so purchased shall be annexed; such assessments to bear interest at the rate of ten per centum per annum until paid, and shall be collected as other taxes *Proviso*.—or sell same to any-one.are collected: *Provided, however,* That the Commissioners of the District of Columbia may, in their discretion, sell and convey the land contained in the alley to be closed, for cash, to any person or persons;
Closing alley on petition of owner and abutting owners.that the Commissioners of the District of Columbia may, in the opening, extension, widening, or straightening of an alley, close an alley, or part of an alley, the fee to which is not in the United States, provided the owners of all the lots or parts of lots abutting thereon and the party or parties holding the fee title to the land contained in the alley to be closed shall first sign and file a petition therefor in triplicate, together with a plat thereof in triplicate, as provided by section sixteen hundred and eight of this code.
One copy of said plat shall be filed and recorded in the office of the surveyor of the District of Columbia, one in the office of the recorder of deeds, and the other in the office of the Commissioners of the District of Columbia. Sec. 1611. Damages.Damages.—That upon the filing of such plat by the surveyor in the office of the Commissioners of the District of Columbia, —impaneling jury.as aforesaid, the said Commissioners shall make an application in writing to the marshal of the District of Columbia to summon and impanel a jury of twelve citizens who have no interest in the real estate mentioned in the said petition (and it is hereby made his duty to summon and impanel the same in all such cases, upon application to him in writing by said Commissioners), and who having first taken and subscribed an oath in writing to discharge the duty imposed upon —appraisal, etc.them by the provisions of this act justly and impartially, shall proceed to ascertain and appraise the damages which may accrue to the real estate of any person or persons by the opening, extending, widening, 1431 or straightening of such alley or minor street, which shall be the value of the land at the time of the taking: and they shall make and tile a statement in writing, signed by them, of the damages so ascertained and appraised, in the office of the Commissioners of the District of Columbia, and a duplicate of said statement in the office of the recorder of deeds for the said District, and the amount thereof shall be paid to the persons, respectively, entitled thereto by said District of Columbia, out of any funds available therefor; and all such alleys or minor streets or extensions, widenings, or straightenings shall thereafter be kept open and free for public use.
Sec. 1612. That the said jury shall apportion an amount equal to theApportionment of damages among lots benefited. amount of said damages so ascertained and appraised as aforesaid, including five dollars for the services of said marshal when actually employed and five dollars per diem for the services of each of said jurors when actually employed, according as each lot or part of a lot of land in such square may be benefited by the opening, widening, extending, or straightening of such alley or minor street: *Provided, however,**Proviso.* That in cases provided for in section sixteen hundred and ten—deductions. of this code the sums paid or agreed to be paid for the land contained in any alley or part of alley to be closed shall first be deducted from the amount of benefits so to be assessed; and they shall make due—return of apportionment. return of such apportionment to the recorder of deeds and to the Commissioners of the District of Columbia, in which they shall designate each lot or part of a lot of land in such square so benefited, and the amount so apportioned to each, respectively; and in ease of failure—assessment on failure to pay, etc. to pay the amount so apportioned, it shall be the duty of said Commissioners, or some, one designated by them, to levy an assessment upon each lot or part of lot of land in accordance with such apportionment, the same to be collected as other special assessments upon real estate are collected; and said assessment shall bear interest at the rate of ten per centum per annum until paid.
Sec. 1613. That the said marshal shall give or cause to be given atNotice of meeting of jury. least ten days’ written or printed notice of the time and place of the meeting of such jurors, for the purposes aforesaid, to each proprietor of land in the square designated as the location of such alley or minor street. If the proprietor be a resident of the District of Columbia, the notice shall be served by delivering a copy thereof to him or her personally, or leaving it at the usual residence with some person over ten years of age.
If the proprietor be a nonresident, the notice shall be served by delivering a copy thereof to his or their tenant or agent, or depositing it in the post-office at Washington City, inclosed in a post-paid envelope, which shall be addressed to the proprietor at his or her post-office address. If the proprietor or proprietors be under twenty-one years of age the notice shall be served as hereinbefore provided upon the guardian or parent of such minor or minors. A return of such service and the manner thereof shall be, made by the marshal to the Commissioners of the District of Columbia, and shall be tiled among the records of said District.
Sec. 1614. Alleys previously opened, and so forth.—That allAllevs previously opened made valid. alleys opened or extended in the city of Washington since June thirtieth, eighteen hundred and seventy-one, under an ordinance of the late corporation of Washington approved November fourth, eighteen hundred and forty-two, are hereby made valid: *Provided,* That nothing*Proviso.*—pending suite unaffected. in this code shall affect the rights of parties to suits now pending in such cases.
Sec. 1615. That all alleys or parts of alleys heretofore closed byAlleys heretofore closed by subdivision. subdivision, with the approval of the Commissioners, shall remain unaffected by this code. Sec. 1616. Moneys from sale of land.—If any money from theDisposition of moneys from sale of land. sale of land in which the United States is interested shall remain after 1432carrying out the provisions of the preceding sections of this code, such moneys shall be paid into the Treasury of the United States by the Commissioners of the District of Columbia.
Chapter Fifty-six. Uses and trusts.USES AND TRUSTS. Sec. 1617. Legal estate to be in cestui que use.The legal estate to be in cestui que use.—Where lands, tenements, or hereditaments are conveyed or devised to one person, whether for years or for a freehold estate, to the use of or in trust for another, no estate or interest, legal or equitable, shall vest in the trustee, but the person entitled, according to the true intent and meaning of such instrument, to the actual possession of the property and the receipt of the rents and profits thereof, in law or in equity, shall be deemed to have a legal estate therein of the same quality and duration and subject to the same conditions as his beneficial interest, except where the title of such trustee is not merely nominal but is connected with some power of actual disposition or management of the property conveyed.
Sec. 1618. Purchaser for value.Purchaser for value.—No implied or resulting trust shall be alleged or established to defeat or prejudice the title of a purchaser for a valuable consideration and without notice of such trust: and where an express trust is created, but is not contained or declared in the conveyance to the trustee, such conveyance shall be deemed absolute in favor of purchasers from the trustee for value and without notice of the trust. Chapter Fifty-seven. Warehousemen.WAREHOUSEMEN.
Sec. 1619. Lien of warehousemen.Lien of warehousemen.—Every person, firm, association, or corporation lawfully engaged in the business of storing goods, wares, merchandise, or personal property of any description shall have a lien first, except for taxes thereon, for the agreed charges for storing the same and for all moneys advanced for freight, cartage, labor, —sale, etc.insurance, and other necessary expenses thereon. Said lien for such unpaid charges, upon at least one year’s storage and for the aforesaid advances in connection therewith, may be enforced by sale at public auction, after thirty days’ notice in writing mailed to the last known address of the person or persons in whose name or names the said property so in default was stored, and said notice shall also be published for six days in a daily newspaper in the District of Columbia.
And after deducting all storage charges, advances, and expenses of sale, any balance arising therefrom shall be paid by the bailee to the bailor of such goods, wares, merchandise, or personal property, his assigns or legal representatives. Sec. 1620. —may be in bulk, etc.Assignee.—Said property may be so sold either in bulk or in separate pieces, articles, packages, or parcels, as will in the *Proviso.*Notice to assignee of stored property.judgment of the lien holder secure the largest obtainable price: *Provided, *That if the person or persons storing said property shall have assigned or transferred the title thereto and have duly recorded said assignment or transfer upon the books of the storage warehouse, the written notice of sale shall also be mailed to said transferee or assignee.
Sec. 1621. Where title in issue.Where title in issue.—Whenever the title or right of possession to any goods, wares, merchandise, or personal property on storage shall be put in issue by any judicial proceeding, the same shall be delivered upon the order of the court, after prepayment of the storage charges and cash advances then due by the person at whose instance such change of possession is so ordered, and who shall be enti1433tied to recover such payment as part of the costs in such proceeding, or. if defeated therein, he shall be credited with such payment in taxation of costs against him.
And unless the person, firm, association, or corporation so conducting a storage business shall claim some right, title, or interest in said stored property other than the lien hereinabove authorized, he, it, or they shall not be made a party to such judicial proceedings. Chapter Fifty-eight. WASTE.Waste. Sec. 1622. Joint tenant or tenant in common against cotenant. —Joint tenant or ten-ant in common against cotenant.Any joint tenant or tenant in common may maintain an action for waste committed by his cotenant, or in a suit for a partition, or a sale for purpose of partition, may have said waste charged against the share of the cotenant committing the same.
Chapter Fifty-nine. WILLS.Wills. Sec. 1623. What may be devised.—All lands, tenements, and hereditaments,What may be devised. and personal estate which might pass by deed or gift, or which would, in ease of the proprietor’s dying intestate, descend to or devolve on his or her heirs or other representatives, shall be subject to be disposed of, transferred, and passed by his or her last will, testament, or codicil, under the following restrictions: Sec. 1624. Perpetuities.—No will, testament, or codicil shall bePerpetuities. effectual to create any interest in perpetuity.’ or make any limitation, or appoint any uses, except as permitted by this code.
Sec. 1625. Who capable of making will.—No will, testament, orWho capable of making will. codicil shall be good and effectual for any purpose whatever unless the person making the same be, if a male, of the full age of twenty-one years, and if a female, of the full age of eighteen years, and be at the time of executing or acknowledging it, as hereinafter directed, of sound and disposing mind and capable of executing a valid deed or contract. Sec. 1626. Form of will and revocation.—All wills and testamentsForm of will. shall be in writing and signed by the testator, or by some other per-son in his presence and by his express directions, and shall be attested and subscribed in the presence of the said testator by at least two credible witnesses, or else they shall be utterly void and of no effect; and,Revocation. moreover, no devise or bequest, or any clause thereof, shall be revocable. otherwise than by some other will or codicil in writing or other writing declaring the same, or by burning, canceling, tearing, or obliterating the same by the testator himself or in his presence and by his direction and consent: but all devises and bequests shall remain and continue in force until the same be burned, canceled, torn, or obliterated by the testator or by his direction in the manner aforesaid, or unless the same be altered or revoked by some other will, testament, or codicil in writing, or other writing of the testator signed in the presence of at least two witnesses attesting the same, any former law or usage to the contrary notwithstanding.
Sec. 1627. Revival of will after revocation.—No will or codicil,Revival of will after revocation. or any part thereof, which shall be in any manner revoked shall, after being revoked, be revived otherwise than by the reexecution thereof, or by a codicil executed in the manner hereinbefore required, and then only to the extent to which an intention to revive is shown. Sec. 1628. After-acquired real estate.—Any will hereafter executedAfter-acquired real estate. which shall, by words of general import, devise all the estate or all the real estate of the testator shall be deemed, taken, and held to operate as a valid devise of any real estate acquired by said testator 1434after the execution of such will, unless it shall appear therefrom that it was not the intention of the testator to devise such after-acquired property.
Sec. 1629. Powers.Powers.—No appointment made by will in the exercise of a power shall be valid unless the same be so executed that it would be valid for the disposition of the property to which the power applies if it belonged to the testator. Sec. 1630. Satisfaction of legacy.Satisfaction of legacy.—A provision for or advancement to any person shall be deemed a satisfaction, in whole or in part of a devise or bequest to such person contained in a previous will if it would be so deemed in ease the devisee or legatee were the child of the testator; and, whether he be a child or not, it shall be so deemed in all cases in which it shall appear from parol or other evidence to be so intended.
Sec. 1631. Devisee dying be-fore testator, heirs to take, etc.Lapsed or void devises.—If a devisee or legatee die before the testator, leaving issue who survive the testator, such issue shall take the estate devised or bequeathed as the devisee or legatee would have done if he had survived the testator, unless a different Lapsed devises.disposition be made or required by the will. Unless a contrary intention appear by the will, such property as shall be comprised in any devise or bequest in such will which shall fail or be void or otherwise incapable of taking effect shall be deemed included in the residuary devise or bequest, if any, contained in such will.
Sec. 1632. Leaseholds.Leaseholds.—A devise of the land of a testator, or of his land in any place, or in the occupation of a person named or other-wise described in a general manner, shall be construed to include his leasehold estates or any of them to which such descriptions shall extend, as well as freehold estates, unless a contrary intention shall appear by the will. Sec. 1633. General devise of all property.General devise of all property.—Every devise and bequest purporting to be of all real or personal property, or both, belonging to the testator shall be construed to include also all property of either or both kinds, respectively, over which he has a general power of appointment, and the legal title of all such property which he holds in trust, unless the contrary intention shall appear in the will or codicil containing such devise or bequest.
Sec. 1634. Nuncupative wills invalid.Soldiers may dispose of movables, etc.Nuncupative wills.—No nuncupative will hereafter made shall be valid in the District; but any soldier being in actual military service, or mariner being at sea. may dispose of his movables, *Proviso*.—witnesses, etc.wages, and personal estate by word of mouth: *Provided,* That such disposition shall be proved by at least two witnesses who were present at the making thereof and were requested by the testator to bear witness that such was his last will, nor unless such will were made in the time of the last sickness of the deceased, and the substance thereof reduced to writing within ten days after the making thereof.
Sec. 1635. Bequests for religious purposes valid only when made one month before death, etc.Bequests for religious purposes.—No devise or bequest of lands, or goods, or chattels to any minister, public teacher, or preacher of the gospel, as such, or to any religious sect, order, or denomination, or to or for the support, use, or benefit of or in trust for any minister, public teacher, or preacher of the gospel, as such, or any religious sect, order, or denomination, shall be valid unless the same shall be made at least one calendar month before the death of the testator.
Chapter Sixty. Repeal provisions.REPEAL PROVISIONS. Sec. 1636. All acts and parts of acts of the general assembly of the State of Maryland general and permanent in their nature, all like acts and parts of acts of the legislative assembly of the District of Columbia, and all like acts and parts of acts of Congress applying solely to 1435the District of Columbia in force in said District on the day of the passage of this act are hereby repealed, except: First. Acts and parts of acts relating to the rights, powers, duties,—exceptions or obligations of the United States.
Second. Acts and parts of acts relating to the Court of Claims. Third. Acts and parts of acts relating to the organization of the District government, or to its obligations, or the powers or duties of the, Commissioners of the District of Columbia, or their subordinates or employees, or to police regulations, and generally all acts and parts of acts relating to municipal affairs only, including those regulating the charges of public-service corporations. Fourth. Acts and parts of acts relating to the militia.
Fifth. All penal statutes authorizing punishment by tine only or by imprisonment not exceeding one year, or both. Sixth. Acts and parts of acts of Congress relating solely to the Departments of the General Government in the District of Columbia, or any of them. Seventh. Acts or parts of acts authorizing, defining, and prescribing the organization, powers, duties, fees, and emoluments of the register of wills of the District of Columbia and his office. Eighth. An act to regulate the practice of pharmacy in the District of Columbia, approved June fifteenth, eighteen hundred and seventy- eight; an act for the regulation of the practice of dentistry in the District of Columbia, and for the protection of the people from empiricism in relation thereto, approved June sixth, eighteen hundred and ninety- two; an act regulating the construction of buildings along alleyways in the District of Columbia, approved July twenty-second, eighteen hundred and ninety-two; an act for the promotion of anatomical science, and to prevent the desecration of graves in the District of Columbia, approved February twenty-sixth, eighteen hundred and ninety-live; an act to provide for the incorporation and regulation of medical and dental colleges in the District of Columbia, approved May fourth, eighteen hundred and ninety-six; an act relating to the testimony of physicians in the courts of the District of Columbia, received by the President May thirteenth, eighteen hundred and ninety-six; an act to regulate the practice of medicine and surgery, to license physicians and surgeons, and to punish persons violating the provisions thereof in the District of Columbia, approved June third, eighteen hundred and ninety-six; and. generally, all acts or parts of acts relating to medicine, dentistry, pharmacy, the commitment of the insane to the Government Hospital for the Insane in the District of Columbia, the abatement of nuisances, and public health.
All acts and parts of acts included in the foregoing exceptions, or any of them, shall remain in force except in so far as the same are inconsistent with or are replaced by the provisions of this code. Sec. 1687. The incorporation into this code of any general andIncorporation of permanent provisions taken from appropriation acts, etc. permanent provision taken from an act making appropriations, or from an act containing other provisions of a private or temporary character, shall not repeal nor in any way affect any appropriation or any pro-vision of a private or temporary character contained in any of said acts, but the same shall remain in force.
Sec. 1638. The repeal by the preceding section of any statute, in—repeals not to affect pending, etc., causes. whole or in part, shall not affect any act done or any right accruing or accrued or any suit or proceeding had or commenced in any civil cause before such repeal, but all rights and liabilities under the statutes or parts thereof so repealed shall continue and may be enforced in the same manner as if such repeal had not been made: *Provided,**Proviso.* That the provisions of this code relating to procedure or practice and—procedure, etc. not affecting the substantial rights of parties shall apply to pending suits or proceedings civil or criminal. 1436 Sec. 1639.
Acts of Congress hereafter passed, effect of.The enactment of this code is not to affect or repeal any act of Congress which may be passed between the date of this act and the date when this act is to go into effect: and all acts of Congress that may be passed hereafter are to have full effect as if passed after the enactment of this code, and, so far as such acts may vary from or conflict with any provision contained in this code, they are to have effect as subsequent statutes and as repealing any portion of this act inconsistent therewith.
Sec. 1640. Operation of common law, etc., unaffected.Nothing in the repealing clause of this code contained shall be held to affect the operation or enforcement in the District of Columbia of the common law or of any British statute in force in Maryland on the twenty-seventh day of February, eighteen hundred and one, or of the principles of equity or admiralty, or of any general statute of the United States not locally inapplicable in the District of Columbia or by its terms applicable to the District of Columbia and to other places under the jurisdiction of the United States, or of any municipal ordinance or regulation, except in so far as the same may be inconsistent with, or is replaced by, some provision of this code.
Sec. 1641. Prosecution of prior offenses.All offenses committed and all penalties or forfeitures incurred in the District prior to the date on which this code is to take effect may be prosecuted and punished in the same manner and with the same effect as if this code had not been enacted. Sec. 1642. Actions barred by limitation under chapter 41, etc.*Ante,* p. 1389.Where any action or proceeding by the provisions of chapter forty-one of this code would be barred at the time it goes into effect, or within one year thereafter, which would not be so barred by prior laws, such action or proceeding may be brought or instituted within such period of one year, anything in said chapter to the contrary notwithstanding.
Approved, March 3, 1901.
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