Chapter 153. To amend the Act entitled “An Act to establish a code of law for the District of Columbia, approved March 3, 1901,” and the Acts amendatory thereof and supplementary thereto
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CHAP. 153.— An Act To amend the Act entitled “An Act to establish a code of law for the District of Columbia, approved March 3, 1901,” and the Acts amendatory thereof and supplementary thereto. April 19, 1920. [[H. R. 6025](/us/bill/66/hr/6025).] [[Public, No. 181](/us/pl/66/181).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That the Act to establish aDistrict of Columbia Code Amendments.Vol. 31, pp. 1189–1438.Vol. 32, pp. 520–546. code of law for the District of Columbia, approved March 3, 1901, and the Acts amendatory thereof and supplementary thereto, constituting the Code of Law for the District of Columbia, be, and the same are hereby, amended as follows:
By striking out section 20 and inserting in lieu thereof:Municipal court. " “Sec. 20. Forcible entry and detainer.— Whenever any personForcible entry and detainer.Illegal acts specified.Vol. 31, p.1193, amended. shall forcibly enter and detain any real property, or shall unlawfully, but without force, enter and unlawfully and forcibly detain the same; or whenever any tenant shall unlawfully detain possession of the property leased to him, after his tenancy therein has expired; or any mortgagor or grantor in a mortgage or deed of trust to secure a debt shall unlawfully detain the possession of the real property conveyed, after a sale thereof under such deed of trust or a foreclosure of the mortgage, or any person claiming under such mortgage or grantor, after the date of the mortgage or deed of trust, shall so detain the same; or a judgment debtor or any person claiming under him, since the date of the judgment, shall so detain possession of real property, after a sale thereof under an execution issued on such judgment, it shall be lawful for the municipal court, on complaintAuthority of court. under oath, verified by the person aggrieved by said unlawful detention or by his agent or attorney, having knowledge of the facts, to issue a summons to the party complained of to appear and show cause why judgment should not be given against him for the restitution of the possession.
” " By striking out section 35 and inserting in lieu thereof the following:Personal property levied upon. " “Sec. 35. In case the property shall appear to belong to the claimantJudgment for claimant of.Vol. 31, p. 1194; Vol. 32, p. 521, amended.Against claimant. or to be exempt from such process, judgment shall be entered against the plaintiff for costs, and the property levied upon shall be released. If the property shall not appear to belong to the claimant or to be exempt, as aforesaid, judgment shall be entered against said claimant or the defendant, as the case may be, for costs, including additional costs occasioned by the delay in the execution of the writ.
AnAppeal. appeal may be taken from the judgment as in other cases.” " By striking out section 65 and inserting in lieu thereof: " “Sec. 65. The general term of said court shall be open at all timesSupreme court.General term powers, etc.Vol. 31, p. 1200, Vol. 32, p. 522, amended. for the transaction of business; and said court, by orders passed in general term, may regulate the periods of holding the special terms, fix the number of said terms, and alter the same from time to time, as public convenience may require; may direct as many terms of any of the special terms to be held at the same time as the public business may make necessary; may assign the several justices from time to time to the respective special terms; may establish written rules556Rules of pleading, practice, and procedure.regulating pleading, practice and procedure, and by said rules make such modifications in the forms of pleading and methods of practice and procedure prescribed by existing law as may be deemed necessary or desirable to render more simple, effective, inexpensive, and expeditious *Provisos*.Effective period.the remedy in all suits, actions, and proceedings: *Provided*, That said rules shall not become effective until thirty days after the date when they are adopted and spread upon the minutes of the said Equity rules restriction.general term: *And provided further*, That said court in general term shall not have power to make or establish rules regulating pleading, practice, or procedure in equity which are inconsistent with the rules in equity heretofore or hereafter adopted by the Supreme Court of the Officers, etc.United States; may appoint a clerk, an auditor, and also a crier and a messenger for each court in special term, and all other officers of the court necessary for the due administration of justice, with the exception of all officers and employees in any manner connected with the probate term, and also United States commissioners; may hear charges of misconduct against any judge of the municipal court and remove him from office for cause shown; may admit persons to the bar of said court and censure, suspend, or expel them; and may pass all other orders not inconsistent with existing laws which may be necessary to the effective administration of justice in said court, but Causes not to be heard.Assignments in special cases.said court shall not hear any cause in general term: *Provided*, That the general term may assign more than one justice to a special term for the trial of a given case.
” " Special terms.By striking out section 67 and inserting in lieu thereof: " “Sec. 67. Certifying causes from one justice to another.Vol. 31, p. 1200, amended. By mutual consent and arrangement between justices, causes may be certified by any justice holding a special term to any justice holding any other special term of said court for trial in the *Proviso*.Criminal cases.latter: *Provided*, That a criminal case can only be certified for trial from one criminal court to another criminal court.
In the absence of any justice assigned to a special term, such, special term may be presided over and its business conducted by any other justice.” " Nonresidents.Vol. 31, p. 1006, amended.By adding a new paragraph at the end of section 105 to road as follows: " Personal service out of the District.“Personal service of process may be made by any person not a party to or otherwise interested in the subject matter in controversy on a nonresident defendant out of the District of Columbia, which Return.service shall have the same effect and no other as an order of publication duly executed.
In such case the return must be made under oath in the District of Columbia, unless the person making the service be a sheriff or deputy sheriff, a marshal or deputy marshal, authorized to serve process where service is made, and such return must show Costs, etc.the time and place of such service and that the defendant so served is a nonresident of the District of Columbia. The cost and expense of such service of process out of the District of Columbia shall be borne by the party at whose instance the same is made and shall not be taxed as a part of the costs in the case; but where such service of process is made by some authorized officer of the law in this section mentioned, the actual and usual cost of such service of process shall be taxed as a part of the costs in the case.
” " Lunacy proceedings.By striking out section 115a, and inserting in lieu thereof: " “Sec. 115a. Equity court jurisdiction in.Vol. 32, p. 524, amended.Jury from petit jurors. Lunacy proceedings.— All writs de lunatico inquirendo shall issue from said equity court, and a justice holding said court shall preside at all inquisitions of lunacy, and may impanel a jury from among the petit jurors in attendance in the Supreme Court of the District of Columbia.” " Probate court.By inserting immediately after section 123 a new section as follows:
" “Sec. 123a. Continuing business by fiduciary.Vol. 31, p. 1210, amended. Continuing decedent’s business.— The said court may, in its discretion, authorize any fiduciary, accountable to it, to continue the business of a decedent for a period not exceeding twelve557months after decedent’s death. No order shall be entered so authorizing a fiduciary until he shall have filed a petition under oath, supported by the affidavits of two reputable persons familiar with the decedent’s business, setting forth the appraised value of the business, whether the decedent conducted it at a profit or loss and the approximate amount thereof, and the estimated amount of the expenses per month necessary to be incurred in order to continue the business.Monthly statements to court.
Any fiduciary who is given such authorization shall file monthly statements snowing all receipts and disbursements, debts contracted and obligations incurred, and the profit or loss; and the court, in its discretion, may order the discontinuance of the business at any time. “Debts contracted and obligations incurred by the fiduciary in soResponsibility o f estate. continuing the business of the decedent shall be deemed to be an expense of administration of the estate.” " By striking out section 126 and inserting in lieu thereof:
" “Sec. 126. Enforcement of duty.— The court shall have powerEnforcement of duty by fiduciary.Vol. 31, p. 1210, amended. to order any executor, administrator, collector, guardian, or testamentary trustee, who appears to be in default in respect to the rendering of any inventory or account or the fulfillment of any duty in said court to be summoned to appear therein and fulfill his duty in the premises, on pain of revocation of his power to act; and on hisRevocation of power on failure to appear. appearing the court may pass such order as may be just; and upon his failure to appear, after having been duly summoned, may revoke his power to act and make such further order and other appointment as justice may require.
In case the summons to appear is returned byIf not found. the marshal ‘not to be found,’ an alias summons shall be mailed to the last known post-office address of such fiduciary or served upon his attorney of record, if he be within the jurisdiction of the court; and on the failure of such fiduciary to appear, the court may revoke his power to act and make such further order and other appointment as justice may require.” " By inserting immediately after section 137 a new section as Caveats to wills.Vol. 31, p. 1212, amended.follows:
" “Sec. 137a. While issues raised by a caveat are pending, either forNo prior will admitted while caveat pending. trial or on appeal, no prior will shall be admitted to probate.” " By striking out section 140 and inserting in lieu thereof: " “Sec. 140. Trial of issues as to wills.— Whenever any caveatTrial of issues as to wills.Vol. 31, p. 1214; Vol. 32, p. 526, amended.*Proviso*.By the court. shall be filed, issues shall be framed under the direction of the court for trial by jury: *Provided*, That in all cases in which all persons interested are sui juris and before the court the issues may be tried and determined by the court, without a jury, upon the written consent of all such parties.
If they are to be tried by a jury, they shallBy a jury. be triable in said probate court by petit jurors drawn for service in the Supreme Court of the District of Columbia; and at least ten days prior to the time of trial all of the heirs at law or next of kin of the decedent, or both together, as the case may require, and all persons claiming under the will in question, or any other instrument on file purporting to be a will of the decedent, shall be each served with a copy of said issues and a notification of the time and place of the trial thereof.
If any one of them be an infant or of unsound mind he shall have a guardian ad litem appointed for him by the court before such trial shall proceed. If, as to any party in interest, the notificationNotification by publication. shall be returned ‘not to be found the court shall assign a new day for such trial, and shall order publication, at least twice a week for a period of not less than four weeks, of the substance of the issues and of the date fixed for the trial thereof in some newspaper of general circulation in the District, and may order such further publication as the case may require.
And the Supreme Court of the District of ColumbiaRules for service. may from time to time prescribe and revise rules and regulations’ for service personally upon such party outside of the District of Columbia of a copy of such issues and notification. Personal service on absent558parties shall not be essential to the jurisdiction of the court. The Jury.Effect of judgment.proceeding for impaneling a jury for the trial of said issues shall be the same as if they were being tried in the circuit court.
In all cases in which such issues shall be tried the verdict of the jury and the judgment of the court thereupon shall, subject to proceedings in error and to such revision as the common law provides, be res judicata as to all persons; nor shall the validity of such judgment be impeached or examined collaterally.” " Jurors.By striking out section 198 and inserting in lieu thereof: " “Sec. 198. Jury commission.Vol. 31, p. 1222, amended.Qualifications. Jury commission.— There shall be, and there is hereby, constituted a jury commission for the District of Columbia, which shall be composed of three commissioners, who shall be citizens of the United States and actual residents of the District of Columbia, who have been domiciled therein for at least three years prior to their appointment, and shall be freeholders in the District of Columbia and not engaged in the practice of law, nor at the time of their appointment be a party to any cause then pending in the courts Appointment, etc.of the District of Columbia.
Such commissioners shall be appointed by the Supreme Court of the District of Columbia, in general term, and shall serve for a term of three years and until their successors are appointed and qualified; except that the members first appointed shall serve for one, two, and three years, respectively, as may be designated by said court. Before entering upon the discharge of their duties they shall each take an oath of office to be prescribed Ineligibility for reappointment.by the Supreme Court of the District of Columbia.
No person who has served as such commissioner shall be eligible for reappointment within three years of the date of the expiration of his term Duties.of service. It shall be the duty of said jury commission to make and preserve a record of the list of names of jurors, both grand and petit, and of commissioners and jurors in condemnation proceedings for service in all the courts of the District of Columbia having cognizance of jury trials and of condemnation proceedings, to place the names in the jury box, and to have custody and control of said jury box, and to draw the names of said jurors and condemnation commissioners from time to time, as hereinafter provided.
The compensation of said jury commissioners shall be $10 each per day for each day or fraction of a day when they are actually engaged in the performance of their duties, not to exceed five days in any one month, which shall be paid by the United States marshal for the District of Columbia out of the appropriation for pay of bailiffs, Removal for cause.upon the certificate of said commissioners. The said Supreme Court of the District of Columbia, in general term, shall have power summarily to remove any of said commissioners for absence, inability, or failure to perform his duties as such commissioner, or for any misfeasance or malfeasance, and to appoint another person for the unexpired term.
In the event of the illness or other inability or absence from the District of Columbia of any one of said commissioners, the two other commissioners may perform the duties of said jury commission.” " By striking out section 199 and inserting in lieu thereof: " “Sec. 199. Selection of jurors.Vol. 31, p. 1222, amended. The said jurors shall be selected, as nearly as may be, from the different parts of the District.” " By striking out section 200 and inserting in lieu thereof: " “Sec. 200.
Jury box.Vol. 31, p. 1222, amended. Jury box.— The jury commission shall write the names on separate and similar pieces of paper, which they shall so fold or roll that the names can not be seen, and shall place the same in a box to be provided for the purpose.” " By striking out section 201 and inserting in lieu thereof: " “Sec. 201. Sealing, etc., of box.Vol. 31, p. 1222, amended. The jury commission shall thereupon seal said box and, after thoroughly shaking the same, shall deliver it to the clerk559of the Supreme Court of the District of Columbia for safe-keeping; and the same shall not be unsealed or opened except by said commission.
” " By striking out section 202 and inserting in lieu thereof:Service of jurors. " “Sec. 202. Term of service.— The respective terms of service ofMonthly terms, October to June.Vol. 31, p. 1222, amended. petit jurors drawn for service in the Supreme Court of the District of Columbia shall begin on the first Tuesday of October, November, December, January, February, March, April, May and June of each year and shall terminate on the Monday preceding, the first Tuesday of the next month thereafter, except when the jury shall be discharged by the court at an earlier day, or when a jury shall be empaneled and it shall happen that no verdict shall have been found before the day appointed by law for the commencement of the next succeeding term, in which case the court shall proceed with the trial by the same jury in every respect as if its term of service had not ended; and all proceedings to final judgment, if such judgment shall be rendered, shall be entered and have legal effect and operation as of the term at which the jury shall have been empaneled: *Provided*,*Proviso*.For July, August, and September.
That the Supreme Court of the District of Columbia in general term may direct petit jurors to be drawn for monthly service in said court during the months of July, August, and September, such service to begin and terminate as aforesaid.” " By striking out section 203 and inserting in lieu thereof:Grand jury. " “Sec. 203. That the term of service of the grand jury in theTerm of service.Vol. 31, p. 1222, amended. criminal court shall begin with each term of that court and shall end with such term, unless the jury shall be sooner discharged by the court.
The foreman of the grand jury shall be selected by theForeman. justice presiding over the special term known as criminal division number one from among the jurors, grand and petit, in attendance upon the Supreme Court of the District of Columbia; and, in the event that said foreman is not selected from among the twenty-three grand jurors in attendance, but is selected from among the petit jurors, one of said grand jurors shall be excused as such and transferred to the roll of petit jurors, and the term of service of the foreman so selected of the grand jury shall be concurrent with the term of service of the grand jury.
” " By striking out section 204 and inserting in lieu thereof:Drawing of jurors. " “Sec. 204. Drawing jurors.— At least ten days before the firstProvisions for monthly.Vol. 31, p. 1222, amended. Tuesday of each month specified in section 202 when jury trials are to be had, said jury commission shall publicly break the seal of the jury box and proceed to draw therefrom, by lot and without previous examination, the names of such number of persons as the general term of the Supreme Court of the District of Columbia may from time to time direct to serve as petit jurors in the Supreme Court of the District of Columbia; and at least ten days before the commencementGrand jury. of each term of the criminal courts shall in like manner draw the names of twenty-three persons required to serve as grand jurors in said criminal courts, and shall forthwith certify to the clerk of the Supreme Court of the District of Columbia the names of the persons so drawn as petit and grand jurors, respectively.
“The distribution, assignment, reassignment, and attendance ofAssignment, etc. said petit jurors among the special terms of the Supreme Court of the District of Columbia shall be in accordance with rules to be prescribed by said court. “At least ten days before the first Monday in January, the firstJurors for police and juvenile courts.Quarterly drawings. Monday in April, the first Monday in July, and the first Monday in October of each year the said jury commission shall likewise draw from the jury box the names of persons to serve as jurors in the police court and in the juvenile court of the District of Columbia in accordance with sections 45 and 46 of this code relating to theVol. 31, p. 1197.Vol. 34, p. 75. police court, and sections 14 and 15 of the Act of Congress approved560For other courts.March 19, 1906, creating said juvenile court, and shall also draw from the jury box the names of persons to serve as jurors in any other court in the District of Columbia which hereafter may have cognizance of jury trials, and shall certify the respective list of jurors to the clerk of the Supreme Court of the District of Columbia.
” " By striking out section 205 and inserting in lieu thereof: " “Sec. 205. Substitution in case of death, etc.Vol. 31, p. 1222, amended. If any person whose name is drawn from the box shall have died or removed from the District before or after being selected, or become otherwise disqualified or disabled, the jury commission shall destroy the slip containing the name of such person, and in such case the jury commission shall draw from the box the name of another person to serve in his stead.
” " By striking out section 206 and inserting in lieu thereof: " “Sec. 206. Disposition of box after drawings.Vol. 31, p. 1222, amended. After the requisite number of jurors shall have been drawn the jury box shall be sealed and delivered to the clerk of the Supreme Court of the District of Columbia for safe-keeping, and the names of the persons drawn shall not be placed again in the box for one year, unless said jurors shall be excused or for other reasons shall fail to serve.
” " By striking out section 207 and inserting in lieu thereof: " “Sec. 207. Number of names required in box.Vol. 31, p. 1222, amended. At the time of each drawing of jurors by said commission there shall be in the jury box the names of not less than six hundred persons possessing the qualifications hereinafter prescribed, which names shall have been placed therein by said jury commission. Record, etc., of names remaining.Said jury commission shall keep an accurate record, in alphabetical form, of all names remaining in the jury box from time to time, which record shall be kept sealed and deposited for safe-keeping in the office of the clerk of the Supreme Court of the District of Columbia when the commission is not in session, and no person shall have access to said record except said commission.
” " By striking out section 208 and inserting in lieu thereof: " “Sec. 208. Filling vacancies.Vol. 31, p. 1223, amended. If any persons drawn as grand or petit jurors can not be found, or shall prove to be incompetent, or shall be excused from service by the court, the jury commission, under the direction of the court, shall draw from the box the name of other persons to take their places, and if, after the organization of the jury, any vacancies occur therein, they shall be filled in like manner.
” " By striking out section 209 and inserting in lieu thereof: " “Sec. 209. Special venire in criminal cases.Vol. 31, p. 1223, amended. Special venire.— Whenever in any criminal case in the Supreme Court of the District of Columbia it shall become impossible, on account of challenges or excuses, to impanel a trial jury from among the available petit jurors already in attendance on said supreme court and distributed or assigned among the several special terms thereof, the justice presiding at such criminal trial shall order the marshal to summon as many talesmen as may be necessary to complete said jury.
” " Frauds.By striking out sections 213 and 214 and inserting in lieu thereof: " “Sec. 213. Tampering with jury box, etc.Vol. 31, p. 1223, amended. Frauds.— If any person shall fraudulently tamper with any box used or intended by the jury commission for the names of prospective jurors, or of prospective condemnation jurors or Fraudulent acts by commissioners.commissioners, or shall fraudulently tamper with the contents of any such box, or with any jury list, or be guilty of any fraud or collusion with respect to the drawing of jurors or condemnation jurors or commissioners, or if any jury commissioner shall put in or leave out of any such box the name of any person at the request of such person, or at the request of any other person, or if any jury commissioner shall willfully draw from any such box a greater number Punishment.of names than is required by the court, any such person or jury commissioner so offending shall for each offense be punished by a fine of not more than $500 or imprisonment in the District Jail or workhouse for not more than one year, or both.
” " 561 By striking out sections 218, 219, and 220, and inserting in lieuAttorneys.Vol. 31, p. 1224, amended. thereof: " “Sec. 218. The Supreme Court of the District of Columbia inAdmission to the bar. general term shall have full power and authority from time to time to make such rules as it may deem proper respecting the examination, qualification, and admission of persons to membership in its bar and their censure, suspension, and expulsion; and every person so admitted, before he shall be at liberty to practice therein, shall take and subscribe the following oath:
I, ________ , do solemnlyOath. swear (or affirm) that I will demean myself as a member of the bar of this court uprightly and according to law; and that I will support the Constitution of the United States.’ “Sec. 219. That said supreme court, in general term, shall haveAuthority to suspend, expel, etc., a member. full power and authority to censure, suspend from practice, or expel any member of its bar for any crime, misdemeanor, fraud, deceit, malpractice, professional misconduct, or any conduct prejudicial to the administration of justice.
Any fraudulent act or misrepresentation by an applicant in connection with his application or admission shall be sufficient cause for the revocation by said court of such admission. “Sec. 219a. Whenever any member of the bar of said court shallDisbarment on conviction for moral turpitude. be convicted of any offense involving moral turpitude, and a duly certified copy of the final judgment of such conviction shall be presented to said court, the name of the member so convicted may thereupon, by order of said court, be stricken from the roll of the members of said bar, and he shall thereafter cease to be a member thereof.
In the event of appeal from any such judgment of convictionSuspension during appeal. as aforesaid, and pending the final determination of such appeal, the said court may order the suspension from practice of such convicted member of the bar; and upon a reversal of such conviction,Vacation of order, etc. or the granting of a pardon, said court shall have power to vacate or modify such order of disbarment or suspension. “Sec. 220. Before any such member of the bar is censured, suspended,Trial of charges in general term. or expelled as provided by section 219, written charges, under oath, against him must be presented to said court, stating distinctly the grounds of complaint.
Said court in general term may order said charges to be filed in the office of the clerk of said court and shall fix a time for hearing thereon. Thereupon a certified copy of said charges and order shall be served upon such member personally by the marshal or such other person as the court may designate, or in case it is established to the satisfaction of the court that personal service can not be had, a certified copy of such charges and order shall be served upon him by mail, publication, or otherwise as the court may direct.
At any time after the filing of said written charges the court shall have power, pending the trial thereof, to suspend from practice the person charged.” " By striking out sections 276, 277, 278, 279, and 280 and insertingAdministration of estates.Vol. 31, p. 1234, amended. in lieu thereof the following: " “Sec. 276. Persons entitled.— If the intestate leave a widow orPersons entitled.Surviving husband added. surviving husband and a child or children, administration, subject to the discretion of the court, shall be granted either to the widow or surviving husband or to the child, or one or more of the children qualified to act as administrator, and further subject to the discretion of the court as follows:
“Sec. 277. If there be a widow or surviving husband and no child, the widow or surviving husband shall be preferred, and next to the widow or surviving husband or children a grandchild shall be preferred. “Sec. 278. If there be neither widow or surviving husband, nor child, nor grandchild to act, the father shall be preferred; and if there be no father, the mother shall be preferred. 562 “Sec. 279 If there be neither widow or surviving husband, nor child, nor grandchild, nor father, nor mother to act, brothers and sisters shall be preferred.
“Sec. 280 If there be neither widow or surviving husband, nor child, nor grandchild, nor father, nor mother, nor brother, nor sister, the next of kin shall be preferred.” " By striking out section 306 and inserting in lieu thereof: " “Sec. 306 Duties of collector.Personal estate.Vol. 31, p. 1238, amended. Duties of collector.— The collector shall collect the goods, chattels, and personal estate of the deceased, including the debts due him, and cause the same to be appraised and return an inventory thereof, as an administrator is required to do, and may, under the authority of the court, sell perishable articles and bring suits for debts or other property, as an administrator may do, and Real estate affected by the will.shall account for the money recovered.
The said collector may, if authorized by the court, take possession of, hold, manage, conserve, and control all real estate affected by the will or wills in dispute, and said collector shall discharge, pendente lite, all the duties of an administrator, including the payment of debts, and shall be liable to an action by any creditor of the deceased and shall be entitled to the protection of any provision of law expressly relating to executors and administrators. Commission allowed.“Said collector may be allowed a commission not exceeding 10 per centum on the personal property, debts due the estate, and rentals from real estate actually collected by him.
Authority as to real estate.“In the event that such collector is authorized by the court to take possession of the real estate affected by such will or wills as hereinbefore set forth, the letters of collection shall so expressly specify, and his bond as such collector, in addition to the several Vol. 31, p. 1238.matters set forth in section 305, shall specifically include the faithful performance of his duties with respect to such real estate.” " By striking out section 307 and inserting in lieu thereof:
" “Sec. 307. Termination of powers.Vol. 31, p. 1238, amended. When powers to cease.— On the granting of letters testamentary or of administration the power of any such collector shall cease, and it shall be his duty to deliver, on demand, all the property and money of the decedent in his hands, except as before excepted, to the person obtaining such letters, and the executor or administrator may be permitted to prosecute any suit commenced by said collector as if the same had been begun by said executor or administrator, and may also defend any suit brought against said collector by any creditor of the deceased.
” " By striking out section 308 and inserting in lieu thereof: " “Sec. 308. Recovery of property not delivered, etc.Vol. 31, p. 1238, amended. If the said collector shall neglect or refuse to deliver over the property and estate to the executor or administrator, the court may, by citation and attachment, compel him to do so, and the executor or administrator may also proceed, by civil action, to recover the value of the assets from him and his sureties by action on his bond.” " New section.Nonresident fiduciaries.By inserting immediately after section 308 a new section, as follows:
" “Sec. 308a. Service of notice on register of wills under power of attorney from. Service upon fiduciary when not to be found.— In the case of the grant of either original or ancillary letters testamentary, or of administration, or of collection, or of guardianship, the person designated shall, if a nonresident of the District of Columbia, file in the office of the register of wills, before the issuance of such letters, an irrevocable power of attorney designating the register of wills and his successors in office as the person upon whom all notices and process issued by any competent court in the District of Columbia may be served, with like effect as personal service, in relation to any suit, matter, cause, or thing affecting or pertaining to the estate in which the letters are issued.
It shall be the duty of said register of wills to forthwith forward by registered mail to563the address of such fiduciary, which shall be stated in said power of attorney, any notice or process served upon said register as aforesaid. “In the event that any fiduciary shall fail to file such power ofForfeiture of rights, etc. attorney within ten days after the passing of the order of appointment, such order shall thereupon stand revoked, and he shall forfeit all rights to the office.
” " By striking out section 310 and inserting in lieu thereof:Inventories. " “Sec. 310. Appraisers.— On the granting of letters testamentaryAppraisers.Vol. 31, p. 1238, amended.Letters of collection added. or of administration or letters of collection, except in the aforesaid excepted cases, a warrant shall issue to two suitable persons not interested in the estate to appraise the estate of the deceased, known to them or shown to them by the executor, administrator, or collector, and they shall severally take and subscribe an oath well and truly, without partiality or prejudice, to value the goods, chattels, and personal estate and real estate (if so directed) of the deceased, as far as the same shall come to their knowledge, to the best of their skill and judgment.
” " By striking out section 321 and inserting in lieu thereof:Assets of estates. " “Sec. 321. Debt due by administrator or collector.— In likeDebts due by administrator or collector.Vol. 31, p. 1240; Vol. 32, p. 529, amended. manner it shall be the duty of every administrator and collector to give in a claim against himself, and on his giving it, or failure so to do, there shall be the same proceeding as above described with regard to an executor; and the same rule shall apply to his sureties.
” " By striking out sections 374, 375, 376, and 377, and inserting inDistribution.Vol. 31, p. 1249, amended. lieu thereof the following: " “Sec. 374. If the intestate leave a widow or surviving husbandParties entitled.Surviving husband added. and no child, parent, grandchild, brother or sister, or the child of a brother or sister of the said intestate, the said widow or surviving husband shall be entitled to the whole. “Sec. 375. If there be a widow or surviving husband and a child or children, or a descendant or descendants from a child, the widow or surviving husband shall have one-third only.
“Sec. 376. If there be a widow or surviving husband and no child or descendants of the intestate, but the said intestate shall leave a father or mother, or brother or sister, or child of a brother or sister, the widow or surviving husband shall have one-half. “Sec. 377. The surplus, exclusive of the widow’s or surviving husband’s share, or the whole surplus (if there be no widow or surviving husband), shall go as follows:” " By striking out section 445 and inserting in lieu thereof:Attachments.Vol. 31, p. 1258, amended.
" “Sec. 445. Causes.— In any action at law in the Supreme CourtCauses stated.Actions in municipal court included. of the District of Columbia or the municipal court of said District, for the recovery of specific personal property, or a debt, or damages for the breach of a contract, express or implied, if the plaintiff, his agent or attorney, either at the commencement of the action or pending the same, shall file an affidavit showing the grounds of his claimAffidavit of claim to be filed. and setting forth that the plaintiff has a just right to recover what is claimed in his declaration, and where the action is to recover specific personal property stating the nature and, according to affiant’s belief, the value of said property and the probable amount of damages to which the plaintiff is entitled for the detention thereof, and where the action is to recover a debt stating the amount thereof, and where the action is to recover damages for the breach of a contract setting out, specifically and in detail, the breach complained of and the actual damage resulting therefrom, and also stating either, first, that theGrounds for issue to be designated. defendant is a foreign corporation or is not a resident of the District, or has been absent therefrom for at least six months; or, second, that the defendant evades the service of ordinary process by concealing himself or temporarily withdrawing himself from the District; or, third, that he has removed or is about to remove some or all of his564property from the District, so as to defeat just demands against him; or, fourth, that he has assigned, conveyed, disposed of, or secreted, or is about to assign, convey, dispose of", or secrete his property with intent to hinder, delay, or defraud his creditors; or, fifth, that the defendant fraudulently contracted the debt or incurred the obligation Issue of writ.respecting which the action is brought, the clerk shall issue a writ of attachment and garnishment, to be levied upon so much of the lands, tenements, goods, chattels, and credits of the defendant as *Proviso*.Bond required.may be necessary to satisfy the claim of the plaintiff: *Provided*, That the plaintiff shall first file in the clerk’s office a bond, executed by himself or his agent, with security to be approved by the clerk, in twice the amount of his claim, conditioned to make good to the defendant all costs and damages which he may sustain by reason of the wrongful suing out of the attachment.
” " By striking out section 455 and inserting in lieu thereof: " “Sec. 455. Releases.Vol.31, p. 1261, amended.By giving undertaking to marshal. Releases.— Either the defendant or the person in whose possession, the property was may obtain a release of the same from the attachment, after it has been taken into the custody of the marshal and the writ has been returned, by giving the undertaking required of him as aforesaid, with security to be approved by the court. New undertaking if first excepted to.“The plaintiff may except to the sufficiency of the undertaking accepted as aforesaid by the marshal and, if the exceptions be sustained, the court shall require a new undertaking, with sufficient surety, by a day to be named, in default of which he shall be liable to the plaintiff on his official bond for any loss sustained by the plaintiff through such default.
By undertaking to court.“Either the defendant or the person in whose possession credits are attached may obtain a release of the same from the attachment by filing an undertaking with security to be approved by the court. Liability on judgments.“If property or credits attached be released upon an undertaking given as aforesaid, and judgment in the action be rendered in favor of the plaintiff, it shall be a joint judgment against both the defendant and all persons in said undertaking for the appraised value of the property or the amount of the credits.
” " New section.By inserting immediately after section 479, a new section, as follows: " “Sec. 479a. Bonds and undertakings.Vol. 31, p. 1265, amended. In all cases where, by the provisions of this code, a bond is required from an executor, administrator, administrator cum testamento annexo, administrator de bonis non, guardian, committee, collector, trustee, receiver, assignee for the benefit of creditors, or any other fiduciary appointed or confirmed by the Supreme Court of the District of Columbia, or any member thereof, Form, etc.or where a bond is required from any party to a cause or proceeding pending in such court, such bond shall be in the form of an undertaking, under seal, in a maximum amount to be fixed by the court, Condition of undertaking.conditioned as required by law, the surety or sureties therein submitting themselves to the jurisdiction of the court and undertaking for themselves and each of them, their and each of their heirs, executors, administrators, successors, and assigns to abide by and perform the judgment or decree of the court in the premises, and further agreeing that, upon default by the principal in any of the conditions thereof, the damages may be ascertained in such manner as the court shall direct; that the court may give judgment thereon in favor of any person thereby aggrieved against such principal and sureties for the damages suffered or sustained by such aggrieved party, and that such judgment may be rendered in said cause or proceeding against all or any of the parties whose names are thereto signed.
Judgment against principal and surety.“And the said Supreme Court of the District of Columbia and its respective special terms, be, and they are hereby, vested with and565given jurisdiction and authority to enter such judgments and decrees against the principal and surety or sureties, or any of them, upon such undertaking as law and justice shall require: *Provided*, That*Proviso*.Ordinary remedy not precluded. nothing herein contained shall deprive any party having a claim or cause of action under or upon such undertaking from electing to pursue his ordinary remedy by suit at law or in equity.
“All provisions of this code relating to actions, remedies and proceedingsAll actions, etc., on bonds of fiduciaries applicable. upon bonds of such fiduciaries shall apply and be effective as to such undertakings to the same extent as if such undertaking had been expressly mentioned and referred to therein.” " By inserting immediately after section 479a, a new section, asNew sections. follows: " “Sec. 479b. In any proceeding in the Supreme Court of the DistrictDamages under bonds for restraining orders, etc. of Columbia or any special term thereof to recover damages upon a bond or undertaking given to obtain a restraining order or preliminary or pendente lite injunction the court, in assessing damages to be recovered thereunder, may include such reasonable counsel or attorney fees as the party aggrieved or damaged by such restraining order or injunction may have been put to or incurred in obtaining a dissolution thereof.
” " By inserting immediately after section 484 a new section as follows:Condemnation of private land.Vol. 31, p. 1263, amended.Special list of commissioners for. " “Sec. 484a. The jury commission of the District of Columbia shall prepare a special list of persons having the qualifications of jurors, as prescribed by section 215 of this code, and being also freeholders of the District of Columbia. The jury commission shall from time to time as may be necessary write the names contained in said special list on separate and similar pieces of paper, which they shall so foldVol. 31, p. 1223.*Ante*, p. 558. or roll that the names can not be seen, and shall place the same in a sepcial box to be provided for the purpose, and shall thereupon seal and lock said special box and after thoroughly shaking the sameJury box and drawings by jury commission. shall deliver it to the clerk of the Supreme Court of the District of Columbia for safe-keeping; but the same shall not be unsealed or opened except by said jury commission.
From time to time, as ordered by the Supreme Court of the District of Columbia, or one of the justices thereof holding a special term for the trial of condemnation proceedings, the jury commission shall publicly break the seal of said special box and proceed to draw therefrom by lot and without previous examination the names of such number of persons as the said court may from time to time direct to serve as commissioners or jurors in condemnation proceedings and certify the names so drawn to the clerk of said court.
At the time of each drawing of condemnationQualifications, etc. commissioners or jurors from said special box there shall be in said special box the names of not less than one hundred persons possessing the qualifications hereinbefore prescribed. Except as in*Ante*, p. 558. this section specially provided, sections 198 to 217, inclusive, of this code, so far as the same may be applicable, shall govern the qualifications of said commissioners and jurors in condemnation cases and the duties and conduct of said jury commissioners under this section.
No person shall be eligible to serve as a condemnation commissioner or juror who has served as such commissioner or juror within one year.” " By striking out section 485 and inserting in lieu thereof: " “Sec. 485. Citation to owners.— The said court holding aCitation to owners, etc.Vol. 31, p. 1265, amended. district court of the United States, shall thereupon cite all the owners and other persons interested to appear in said court, at a time to be fixed by the court, to answer said petition; and if it shall appear to the court that there are any owners or other persons interested who are. under disability, the court shall give public notice of the time at which it will proceed with the matter of condemnation; and at such time, if it shall appear that there are any persons under disability566who have appeared or who have not appeared, the court shall appoint a guardian ad litem for each such person, and shall thereupon order Selection of commissioners.the jury commission to draw from the special box the names of as many persons as the court may direct, and from among the persons so drawn the court shall thereupon appoint three capable and disinterested commissioners to appraise the value of the respective interests of all persons concerned in such lands, under such regulations as to notice and hearing as shall seem meet.
” " By striking out section 487 and inserting in lieu thereof: " “Sec. 487. Jury.Appointment of, if appraisement by commissioners unsatisfactory.Vol. 31, p. 1266, amended. Jury.— If any of the parties interested, or the guardian ad litem appointed for any such person who may be under a disability, shall be dissatisfied with the appraisement of the commissioners, the court shall order the jury commission to draw from the special box the names of as many persons as the court may direct, and from among the persons so drawn the court shall appoint a jury of seven capable and disinterested persons to meet and view the premises, giving the parties interested at least six days’ notice of the time and place of meeting.
” " Condemning lands for streets.Vol. 34, p. 152, amended.Marshal’s jury.Drawing.By striking out section 491d and inserting in hen thereof: " “Sec. 491d. After the return of the marshal and the filing of proof of publication of the notice provided for in the next preceding section said court shall order the jury commission to draw from the special box the names of as many persons as the court may direct, and from among the persons so drawn the court shall appoint a jury of five capable and disinterested persons, to which jury the court Oath, etc.shall administer an oath or affirmation that they are not interested in any manner in the land to be condemned, and are not related to Duties.the parties interested therein, and that they will, without favor or partiality, and to the best of their judgment, ascertain the damages each owner of land to be taken may sustain by reason of the opening, extension, widening, or straightening of said street, avenue, road, or highway, and the condemnation of the land needed for the purpose thereof, and to assess the benefits resulting therefrom as hereinafter provided.
” " By striking out section 491h and inserting in lieu thereof: " “Sec. 491h. Appeals from awards.New jury authorized if award vacated.Vol. 34, p. 153, amended. The said court shall hear and determine any objections or exceptions that may be filed to any verdict of the jury and shall have power to vacate and set any verdict aside, in whole or in part, when satisfied that it is unjust or unreasonable, in which event the court shall order the jury commission to draw from the special box the names of as many persons as the court may direct, and from among the persons so drawn the court shall thereupon appoint a new jury of five capable and disinterested persons, who shall proceed to ascertain the damages or assess the benefits, or both, as the case may be, in respect of the land as to which, the verdict *Provisos*.Land vacated in part.Filing objections.may be vacated, as in the case of the first jury: *Provided*, That if vacated in part, the residue of the verdict as to the land condemned or assessed shall not be affected thereby: *And provided further*, That the objections or exceptions to the verdict shall be filed within twenty days after the return of the verdict to the court.
” " By striking out section 726 and inserting in lieu thereof: " “Sec. 726. Corporations.Real estate holdings by, extended.Vol. 31, p. 1306, amended. Any company operating under this subchapter may lease, purchase, hold, and convey real property in which the offices of the company are located not to exceed in value the capital and surplus of the company, and such in addition as it may acquire in satisfaction of debts due the corporation under sales, decrees, judgments, Temporary possession.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, for a longer period than five years.” " 567 By striking out section 808 and inserting in lieu thereof:Crimes. " “Sec. 808. Rape.— Whoever has carnal knowledge of a femaleRape.Vol. 31, p. 1322, amended.Punishment for. forcibly and against her will, or carnally knows and abuses a female child under sixteen years of age, shall be imprisoned for not more than thirty years: *Provided*, That in any case of rape the jury may*Provisos*.Death on verdict. add to their verdict, if it be guilty, the words ‘with the death penalty,’ in which case the punishment shall be death by hanging: *ProvidedImprisonment. 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.
” " By inserting immediately after section 830 a new section, as follows:New section.Vol. 31, p. 1324; Vol. 32, p. 535. " “Sec. 830a. Whosoever willfully and fraudulently makes awayEmbezzling, etc., property of deceased person.Punishment. with, secretes, or converts to his own use any property, documents, or assets of any kind or nature belonging to the estate of a deceased person shall be punished by a fine not exceeding $2,000 or imprisonment for not more than two years, or both.
” " By inserting immediately after section 983 a new section, asDivorce.Vol. 31, p. 1347. follows: " “Sec. 983a. When decree for annulment or absolute divorceFinal decree not effective until interlocutory order expires. effective.— No final decree annulling or dissolving a marriage shall be entered until after the expiration of ninety days after the. entry of an interlocutory order adjudging that a case for annulment or dissolution has been proved, and every such interlocutory order shall expressly state that no annulment or divorce is awarded by it.
After the expiration of such period of ninety days a final decreeApplication for. shall be entered by the court, provided it is applied for within thirty days, but it shall not be effective to annul or dissolve the marriage until the expiration of the time allowed for taking an appeal, norAppeals allowed. until the final disposition of any appeal taken, and every such final decree shall expressly so recite.” " By striking out section 1064 and inserting in lieu thereof:Evidence.
" “Sec. 1064. Testimony of surviving party.— If one of theTestimony of surviving party not admitted.Vol. 31, p. 1357, amended. original 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 partyExceptions modified. 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.
” " By adding immediately after section 1073 a new section, as follows:New section.Vol. 31, p. 1358; Vol. 32, p. 540. " “Sec. 1073b. Proof of municipal ordinances and regulationsProof of municipal ordinances, etc..— Municipal ordinances and regulations in force in the District of Columbia may be proved by producing in evidence a copy thereof certified by the secretary or an assistant secretary of the Board of Commissioners of the District of Columbia, and such certified copy shall be prima facie evidence of the due adoption and promulgation of such ordinances and regulations.
” " By striking out section 1160. By striking out section 1173 and inserting in lieu thereof:Administration of wife’s estate stricken out.Vol. 31, p. 1375. " “Sec. 1173. Renunciation of devises and bequests.— A widowRenunciation of devises and bequests.Vol. 31, p. 1376, amended. shall be barred of her right of dower in the land and share in the personal estate by any such devise or bequest unless within six months568after administration may be granted on her husband’s estate she shall file in the probate court a written renunciation to the following effect:
By widow.‘I, A. B., widow of --------, late of --------, deceased, do hereby renounce and quit all claim to any devise or bequest 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 and legal share of the estate of my said husband.’ If, during said period of six months, a suit should be instituted to construe the will of her husband, the period of six months for the filing of such renunciation shall commence to run from the date when such suit shall be finally determined, by appeal or otherwise.
Effect of renunciation.“By renouncing all claim to any and all devises and bequests, made to her by the will of her husband, she shall be entitled, in addition to her dower, to the distributive share of his personal property, which she would have taken had he died intestate, and, except in cases of valid antenuptial or postnuptial agreements, this provision for the wife shall apply with the effect (without formal renunciation) to cases where the husband has made no devise or bequest to his wife.
By husband.“By renouncing, within the period above prescribed, all claim to any and all devises or bequests, made to him by the will of his wife, the husband shall be entitled to the distributive share in her personal property which he would have taken had she died intestate, and, except in cases of valid antenuptial or postnuptial agreements, this provision for the husband shall apply with like effect (without formal renunciation) to cases where the wife has made no devise or bequest to her husband.
” " Interest on express contracts.Vol. 31, p. 1377, amended.Amend section 1179 by striking out the word “ten” (next to last line) and inserting “eight.” By striking out section 1180 and inserting in lieu thereof: " “Sec. 1180. Usury.Rate and penalty modified.Vol. 31, p. 1377, amended. What is usury.— If any person or corporation shall contract in the District, verbally, to pay a greater rate of interest than 6 per centum per annum, or shah contract, in writing, to pay a greater rate than 8 per centum per annum, the creditor shall forfeit *Proviso*.Money loaning regulations hot affected.Vol. 37, p. 657.the whole of the interest so contracted to be received: *Provided*, That nothing in this chapter contained shall be held to repeal or affect the Act of Congress approved February 4, 1913, relating to the business of loaning money on security.
” (Thirty-seventh Statutes, part 1, page 657.) " Landlord and tenant.By striking out section 1233 and inserting in lieu thereof: " “Sec. 1233. Undertaking on appeal.Vol. 31, p. 1383, amended.Municipal court substituted. Undertaking on appeal.— In case of an appeal by the defendant his undertaking, in order to operate as a supersedeas, shall be an undertaking, with one or more sureties approved by the court, to abide by and pay the judgment rendered, 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 tne date of the judgment of the municipal court to the date of its affirmance; and in said undertaking the said defendant and his surety or 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.
” " Liens.By striking out section 1262 and inserting in lieu thereof: " “Sec. 1262. Liverymen.Vol. 31, p. 1388. 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 to owner.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 of569residence of the amount of such charges and the intention to detain such animal or animals until such charges shall be paid.
GarageMotor vehicle garages. keepers shall also have a lien for their charges for storage, repairs, and supplies of or concerning motor vehicles, when such charges are incurred by an owner or conditional vendee of such motor vehicles, and may detain such motor vehicles at any time they may have lawful possession thereof, after giving a notice similar to that provided for liverymen. If said charges are not paid in thirty days said lienEnforcement in equity.Vol. 31, p. 1388. may be enforced in the manner provided m section 1264.
” " By striking out section 1422 and inserting in lieu thereof:Negotiable instruments. " “Sec. 1422. Protest on other instruments than foreignProtests.Vol. 31, p. 1407, amended. 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, under his hand and officialAcceptance of original protest as evidence. 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, check, order, or promissory note for acceptance or payment and the nonacceptance or 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.
” " Insert immediately after section 1535 a new section as follows:Procedure.Vol. 31, p. 1419; Vol. 32, p. 544.New sections.Judgments in part. " “Sec. 1535a. Whenever in any action at law or in equity the defendantTransfer from law to equity and vice versa. admits a part of the cause of action, a final judgment or decree may be entered for such part, and the plaintiff may prosecute the remainder of his claim in the same suit and (if he sustains his claim for such remainder) may have a further final judgment or decree therefor.
” " Insert immediately after section 1535a two new sections as follows: " “Sec. 1535b. Transfer from law to equity or vice versa.— Authority of judge. In any case where it shall appear that an action at law should have been brought in equity, or a suit in equity should have been brought at law, the judge presiding in the special term, circuit or equity, as the case may be, shall order such case to be transferred to such other special term accordingly, whereupon such amendments shall be made in the pleadings as may be necessary to make them conform to theTestimony to stand. proper practice.
All testimony taken before such transfer, if preserved, shall stand as testimony in the cause. “Sec. 1535c. Equitable defenses at law.— In all actions at lawEquitable defenses admitted at law. equitable defenses may be interposed by plea or replication.” Sec. 1535d. Suits on lost instruments.— No suit at law foundedSuits on lost instruments at law. upon a lost instrument shall be dismissed on the ground that the suit should have been brought in equity, but a similar bond or undertakingBond required. to that required in equity shall be given as a condition precedent to judgment.
" Sec. 2. That this Act shall not take effect until the expiration ofAct effective in 30 days.Jury service continued. thirty days from its approval, and shall not affect the term of service of jurors who are already drawn and in attendance, or who may, within said period of thirty days, be drawn and accepted for service in the Supreme Court of the District of Columbia, the police court of the District of Columbia, or the juvenile court of the District of Columbia. Approved, April 19, 1920.