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93-2777
JD lºſ
UJ-º-
COMPILED STATUTES
IN FORCE IN THE
DISTRICT OF COLUMBIA
INCLUDING
THE ACTS OF THE SECOND SESSION OF
THE FIFTIETH CONGRESS,
1887-89.
COMPILED BY
WILLIAM STONE ABERT and BENJAMIN G, LOWEJOY,
PRINTED AND PUBLISHED UNDER THE AUTHORITY OF AN ACT OF CONGRESS,
AND THE DIRECTION OF THE SUPREME COURT OF THE
DISTRICT OF COLUMBIA. &
WASEHINGTON:
Gov ERNMENT PRINTING OFFICE.
1 S 9 4.
SUPREME COURT OF THE DISTRICT OF COLUMBIA
IN GENERAL TERM.
-**
Ordered, By the Court this second day of June, 1894, that five thousand copies
of the Compilation of the Laws of the District of Columbia recently completed by
Wm. S. Abert, Esq., be printed, as directed by the act of Congress of March 2, 1889,
ch, 392. 4 W
- E. F. BINGHAM, C. J.
A true copy. 3.
Test :
[L. S.] JoHN R. YoUNG,
i -- - Clerk.
II
TABLE OF CONTENTs.
Chapter.
. Administration
* * * * * * * * * * * * * * * * * * * * * * * * * * e º e º e s e s \ ºf º e º º e e s = e < * * * * * * * * * e s e s = e s is e º is e a e e º e s e e s = e a
tº e e º 'º tº e º 'º e s e e s s e º e º e s & t e º 'º e s e º e s e s º e e º e e s s a e e º e º a e s e º e s e a s e e s e e g . e. e. e. e. e.
. Apprentices. . . . . . . . ... • * * * * * * * * - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - …
Arbitration.................. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Assignments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. Avenues, streets, and alleys. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. Bills, bonds, and promissory notes
• Champerty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Chancery. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .*
. Commissioners of deeds and notaries public
• Constables . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. Contracts and accounts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Coroner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Corporations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. Crimes and offenses
. Debt and money . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. Descent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • - - - - - - - - - - - - - - - - - - - -
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * e º e s e s e s e e s º º
* * * * * * * s tº e e º e º º º e º e º e º e º e º a s gº & e g º e º e º e e s s e e
• * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * - - - - - - - - - - - . . . . . . .
e s º ºs e < * * * * * * * * * * * * * * * * * * * * * * * * * * *
• ‘Evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Executions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. Fire department and safety from fire. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. Fraud and fraudulent conveyances
113–117
118–154
154–186
186-192
192–196
196–212
213–221
222–227
228–229
230–237
237–241
241–246
246–250
251–259.
259–266
266–270
270–277
277–282
283
284–286
286–292
. Game and fish
* * * * * * * * * * * * * * * * * * s e s e s tº e e s s is s e s a e s a tº e º e s s = e < e < n e s tº
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * e < e < e e s a s = * * * * * * * * * * * * * * * * * * e s = * * * *
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * e s e e s a e < * * * * * * * * * * * * e e s a e e º e o a se e a
• * * * * * * * * * * * * * * * * e s e e s = * * * * * * * * * * * * * e o e s e s e e s = e º e e s = e o e e s e s e s , s sº e
*
a s & M e s e < * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * e s = e s e º e s s e e s e e s e s , e. e. e.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
• * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * is e º e = * * * * * * * * * * * = e s e s e a e s e s = e < * *
. Insane, the hospital for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. Interest and usury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. Jail . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. Judgments
. Judiciary
Jury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. Justices of the peace
. Landlord and tenant
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * s e e s e e s a e s s e s e s a • a • * * * * * * * * * * * *
& e < * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * e s e s is a s = * * * * * e = e º s e º e s a sº
. Limited partnership
. Mandamus
s & s e º e º e º & ºr e s a e s is e s is a e º ºs e º e º e s = e s tº e º 'º e s e e º e º e e º e º e º e = e º e s a c e s a s e º sº
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * e s e e s a s e º e º e º a e e s e s e s a e e s a s = e º e s s a gº e e s sº e s a e
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * s e s e º e s e s e s s e e
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * e s s a
292–302
302–308
308-314
314–336
337–339
339–355
355–358
358–361
361-364
365–366
366–369
370–384
* >
O
IV TABLE OF CONTENTS.
'Chapter. - - Page.
47. Militia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \385–395
48. Mortgages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 395–397
49. Negligence causing death. . . . . . . . ... • - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - * g is tº t e º ºs & # 9 e a $ & 4 tº e º ſº e 397–398
50. Officers of court, fees and costs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • * * * * * * e e º e 398–420
51. Partition. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ‘. . . . . . . . . . . . . . . . . . . '420–424
52. Pawnbrokers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 425–427
53. Penitentiary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . § - . . . . . . . . . . . . . . 427–434
54. Pharmacy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 435–439
55. Pleading and practice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 439–477
56. Police Court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 477–481
.57. Public Schools. . . . . . . . . . . . . . . . . . . . . . * g g º e e s a e º e º a • tº e º 'º £ tº . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 481–489
58. Real estate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 489–498
*59. Recorder of deeds . . . . . . . . . . . . ... • - - - - - - - - - - - - - - - - - - - - - - - - - - - • * * * * * * * * * * * * * * * * * * * * g e º 'º & © tº 498–499
60. Register of wills. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... .. 500–503
-61. Reform Schools. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 504–510
62. Ship-owners. . . . . . . . . . . . .. . . . . . . . . . . . . ". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 510–511
63. Steam engineering and boiler inspection. . . . . . . . .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 511–513
64. Surveyor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 513–517
65. Taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 517–535
66. Uses, the statute of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 536–538
67. Washington Humane Society. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 538–542
68. Water. . . . . . . . . . . . . . . . . . . ... • * * * * * * * s: - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . . . . . 542–551
69. Weights and measures. . . . . . . . . . . . . . . . . . . . . • * * * * * * ... • * * * * * * * * * * * * * * * * * * * * * * * * * * * * *, * * * * * 551–556
'70. Wills. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 556–565
T1. Witnesses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 565–571
INTRODUCTION.
This compilation contains the statutes of a general nature in force in the District.
of Columbia, including the acts of the second session of the Fiftieth Congress, A. D.
1889.
The work was performed under the direction of the supreme court of the District
of Columbia and by authority of the act of Congress, approved March 2, 1889, entitled:
“An act to secure for the District of Columbia a compilation of the laws of said Dis-
trict and for other purposes.” -
The law required that “all statutes and parts of statutes in force in said District,
including the acts of the second session of the Fiftieth Congress, and relating to all
such matters as would properly come within the scope of a civil and criminal code,”
should be compiled, arranged, and classified with a proper index.
The statutes included in the compilation have been selected from-
I. The British Statutes in force in Maryland at the time of the cession of the ter-
ºritory to the United States for the seat of government, and now in force in this District.
These statutes are contained in Alexander’s British Statutes, and also mentioned
in Kilty’s Report on the British Statutes in force in Maryland, which include statutes.
from Magna Charta to the 13th of George III, in the year 1773.
This report was made according to the direction of the legislature, by William
Rilty, chancellor of Maryland; “ of all such English statutes as existed at the time
of the first emigration of the people of Maryland, and which by experience have been
found applicable to their local and other circumstances; and of such others as have
been made in England Or Great Britain, and have been introduced, used, and practiced,
by the courts of law or equity, and also such parts of the same as may be proper to
be introduced and incorporated into the body of the statute law of the State” of Mary-
land.
II. The statutes of Maryland, beginning with the session of the Maryland assem-
bly, held the 26th day of April, 1704, and ending with the acts passed prior to
February 27, 1801. These statutes are contained in Kilty’s Laws of Maryland in two
volumes, a work which was not paged, but for convenience of reference the mar-
ginal notes of the compilation refer to a manuscript paging prepared during the
progress of this work.
III. The Revised Statutes of the United States relating to the District of Colum-
bia, published in 1875. - &
TV. The Revised Statutes of the United States, and the Statutes at Large, in
which the District of Columbia is specifically named, or which refer to “courts of
the United States;” and also such statutes, civil and criminal, referring to certain
territory of the United States and all places or districts of country under the exclu-
sive jurisdiction of the United States, and which are not locally inapplicable.
y
vi INTRODUCTION.
V. The acts of the legislative assembly of the District from June 2, 1871, through
June 26, 1873. In the case of Welch vs. Cook (p. 542, vol. 97, U. S. Reports), the
Supreme Court of the United States declared that Congress had power to invest the
District government with certain legislative authority.
In addition to the work required by the original act, there has been published
with the compilation an appendix containing certain historical chapters, which
deserved preservation and a place in the same volume with the statutes in force.
Other additional work includes the following:
1. Headnotes to each chapter, briefly describing the subject of each section.
2. Subjective side notes for each section of the text. #
3. Marginal references to the text whence each section was selected.
4. Cross-references to other sections of text containing the same or kindred sub-
jects. i
5. Judicial citations of the Federal courts and of the court of appeals of Mary-
land, explaining or construing the text. x *
6. Footnotes referring to subsequent acts of Congress relating to the District of
Columbia, and included in volumes 26 and 27, U. S. Statutes at Large ; also refer-
ences to the municipal ordinances in force in different portions of the District of
Columbia, viz: Washington City, Georgetown, and the levy Court, and also the
ordinances of the Board of Health.
WILLIAM STONE ABERT,
* Commissioner.
JULY 27, 1894.
COMPILED STATUTES.
In force in the District of Columbia, including the acts of the
second session of the Fiftieth Comgress.
.
;
17.
CHAPTER ONE,
... ADMINISTRATION. *
. When additional security may be re-
quired of administrators, etc.
. Removal of administrator by the
Court.
. Unadministered assets.
. How powers of court may be exer-
cised.
Summons and notice.
. Bond of executors; how regulated.
Proviso: not to exceed double value
of estate. Court may require ad-
ditional bond or remove executor
in case of waste."
. Foreign executors and administra-
tors enabled to sue; proviso for
security.
. Exceptions in favor of outside parties
repealed; present actions not af-
fected.
. How and of whom letters testamen-
tary and of administration are to
be obtained. -
. Letters to be granted executor within
forty days.
. Executors failing to give bond within
thirty days, letters of administra-
tion c. t. a. may be granted.
. Executor not present at probate to
be summoned.
. Executor absent from jurisdiction at
time of probate and failing to qual-
ify in six months.
. Where several executors, same rule
as where Only One.
. Executor renouncing, proceedings in
case of; may yet act on qualifying
before administration granted.
. Executors qualified shall not be in-
terfered with by others. Acts of
executors before qualifying, what
valid. •
Executors named in letters, the only
proper parties.
; Sec.
18.
19.
34.
35.
36.
37.
38.
39.
40.
41.
Bond of executor as administrator,
where recorded; who may have
copy and Sue thereon.
Bonds of administrators, etc., not to
be sued before a mon, est inventus
or mulla boma be returned.
. General issue pleadable by adminis-
trators, etc.
. Bond of executor or administrator.
. Oath of executor and administrator.
. Form of letters testamentary.
. Letters authorizing Collection.
. Form of letters of collection.
. Bond of collector.
. Oath of collector.
. Collector’s powers and compensation.
9. Collector can not sue for or release
debts.
. Collector's powers cease on granting
of letters testamentary; subsequent
duties and liabilities of collector.
. To whom letters testamentary may
be granted. -
2. Questions as to competency deter-
mined after notice to executor.
. Infamy proved by transcript of rec-
ord.
IProof of citizenship of executor.
Proceedings on proof of insanity of
executol'.
Proof of executor being under age
Of 18.
Bond executed by executor over age
of 18, valid.
Husband of executrix may give bond
for her; bond of femme sole execu-
trix Over 18, valid.
Disqualifications for administrator-
ship.
When administration may be
granted.
Proof of death and intestacy required
before granting administration.
* A valuable guide to administrators, executors, and guardians bas been published by William
Henry Dennis, esq., entitled The Probat Law of the District of Columbia.
1 C S
CHAPTER I.—ADMINISTRATION.
Sec.
42.
43.
44.
45.
46.
47.
Letters testamentary revoke letters
of administration; administration
before revocation, valid; letters
testamentary not to affect suits
commenced by or against adminis-
trator; executor benefited or bound
by judgments for or against ad-
ministrator. -
Administrator to deliver estate to
eXeCut Or.
Administrator de bomis mor, and in-
cidents.
Letters de borvis mom may be granted.
Administrator's qualifications and
proceedings by, the same as exec-
utors; when relatives entitled to
administer. -
Choses in action of intestate wife
devolve on husband without letters
of administration. The result if
judgment or possession be not ob-
tained by him.
. Actions by husband in right of wife,
may declare specially.
. To widow Or One of the children.
. To grandchild, when.
. To the father, when.
. To the brothers and sisters; then to
mother.
. To next of kin, when.
. Males preferred.
. Whole blood preferred.
. Collateral relations, descending pre-
ferred.
. Preferences in ascending and de-
scending lines.
. Femme sole preferred to married wo-
Illa,]] . .
. Female and husband granted letters,
when.
. Father’s relations preferred.
. Largest creditor when entitled.
. Wuen granted at discretion of court.
. Residuary legatees first entitled to
letters C. t. Cl.
Letters may be granted to two or
I]]|Ol'é.
. Proceedings when an entitled person
declines administration.
. Inventory to be returned in every
CàS62. -
. Appraisers, warrant to be issued to.
. Appraiser failing to act, another
warrant may issue."
. Appraiser’s Oath.
. Appraiser's duty.
. Inventory to be returned within three
months; penalty for neglect.
. Notice of appraisement to persons
Sec.
79.
80.
81.
S2.
83.
84.
S5.
S6.
87.
88.
89.
90.
91.
95.
#
If one executor, etc., return inven-
ºy. others excluded; result there-
OI.
Executor need not exhibitinventory
Or account, if bond to pay debts and
legacies be given.
Administrator entitled to exemp-
tions as in preceding section.
ASSets, what shall be so considered.
Warrants for lands and debts due
deceased shall be assets.
Proceeds of land sold shall not be
accounted personalty.
Sale of lands by part of executors,
lawful.
Proviso as to sale of lands by execu-
tors. ~ *
Accounts to be returned within fif-
teen or eighteen months.
Increase or decrease of estate allowed
for in account.
Assets insufficient for debts, court
may order and regulate sale of
personalty. w
Court may order sale ea; officio or on
application.
Suits by and against executors and
administrators; costs.
. Death of either party shall not
93.
94.
abate personal action.
Piene administravit; pleas and an-
Swers as to assets.
Judgments satisfied in proportion
to assetS.
Judgments, when may be recovered
against executor and administra-
tor and fieri facias issue. *
Distribution among creditors; reten-
tion of assets for debts, interest.
When assets may be retained by
executor, etc., for suits pending.
When arbitrators may be appointed
by court.
When advertisement by executor
and a d ministrator shall bar
claims.
Payment to creditors within thir-
teen months or in four months.
thereafter ; and semiannually ;
when bond may be put in suit.
interested.
. Inventory of money and debts to be
returned.
. Collector's inventory.
. Additional inventory.
. Collector's inventory may be adopted
by executor, etc.
. Disposition of growing crops by exe-
Cut Or.
. Revocation of letters of administra-
tors and executors for failure to
return in Ventory, and others
granted.
96.
97.
98.
99.
100.
104.
105.
106.
107.
108.
109.
110.
. Claims filed after distribution must
await further assets.
2. Advertisement of distribution
among Creditors.
. Order of priority in paying debts,
administrator not bound to dis-
COWel’.
Suit must be brought on disputed
or rejected claims within nine
months, otherwise barred.
Claims of executor and others on
same footing.
Executor indebted to deceased
bound to account for Same.
Administrators' liability as to in-
debtedness same as executors'.
Claims not payable unless passed or
proved.
Proof of claim on judgment or de-
Cl’eC. *~.
Special bail discharging judgment.
becomes judgment creditor.
CHAPTER I. —AIDMINISTRATION.
3.
; Sec.
145.
146.
147.
148.
Intestate's estate, if mother only,
entitled to whole, or shares equally
with children, per stirpes.
Intestate's estate, after children and t
others, collaterals take per capita.
Intestate's estate, if no collaterals,
then grandfather and grand-
mother.
Intestate's estate, representatives.
entitled to distributive share.
. Intestate's estate, posthumous chil-
dren.
. Intestate's estate, surplus escheats if
no relatives within fifth degree.
... Intestate's estate, balance to public
135.
136.
137.
138.
139.
140.
141.
142.
143.
144.
. One such judgment creditor may
prove for all. **.
. Proof of a specialty, bond, or pro-
tested bill of exchange.
. Successive assignees (to specialty,
bond, etc., protested) must all
make oath.
. Proof of protest of bills, etc., neces-
Sary.
. Proof of claim for rent.
. Proof of open account.
. Limitation, plea of, discretionary
with executors.
. Proof of claim by factor, for non-
resident. s
. Proof. Of nonresident claim if factor
be dead or out of the District.
. Proof of claims taken out of the
District.
... Proved claims may be rejected ; if
passed by court, appeal may be
taken.
!. Account of executor, etc., how
proved.
. No credit allowed for any claim not
proved or passed by court.
. Accounts of executors, etc., how
stated.
. Order of disbursements; commis-
sions allowed executors, etc.;
costs allowed executors, etc.
. Compensation to executor limited
by terms of will, unless deemed
insufficient by court.
. Accounts to be returned every six
months until fully administered.
. Court shall examine list of debts;
suits thereon when to be com-
menced; penalty for neglect.
- Executor, etc., not liable for all
sperate debts.
. After debts paid, distribution; fu-
ture assets, when liability ceases.
. Partial distribution, when court
may direct.
. Specific legacies may be delivered
when court may direct.
. Return of accounts, revocation of
letters on failure to ; bond liable.
. Administrator shall distribute sur-
plus after debts paid ; liability for
future assets and debts.
Personal estate retained for future
contingencies, court may direct
its investment.
Intestate's estate, widow's share of.
Intestate's estate, if widow and child,
their shares.
Intestate's estate, if widow and no
child, but father. **s
Intestate's estate, Surplus of, exclu-
sive of widow’s share.
Intestate's estate, if children only,
then to be divided equally.
Intestate's estate, if child and de-
scendant of a child, per stirpes.
Intestate's estate, if father only.
Intestate's estate, if a brother or sis-
ter or descendant of.
Intestate's estate, brothers and sis-
ters share equally ; their children |
per Stirpes.
158.
159.
160.
161.
162.
163.
164.
165.
166,
167.
168.
169.
Schools when no legal representa--
tives.
. Intestate's estate, administrator, .
with others, in fifth degree may
take any residue.
. Intestate's estate, widow takes resi-
due to exclusion of collaterals.
. Intestate's estate, when residue paid.
shall be restored to legal repre-
sentatives.
. Intestate's estate, when court may
distribute in kind or order sale.
Meeting of creditors and distributees
may be appointed by executor,
etc., under direction of court.
. Devise or bequest bars dower, per-
Sonal estate, etc., unless otherwise
expressed.
Widows may elect to take dower by
written renunciation.
Renunciation by widow must be
entire.
Partial renunciation, when required.
Void devise shall not bar dower.
Liability of widow, or her second
husband for waste.
Widow’s remedy for dower.
Widow’s dower.
Dower barred by elopement.
Dower, a widow shall recover dam-
ages in a writ of.
Plea of tenant in writ of dower.
Writ of entry upon alienation of
dower.
Wife endowable of lands recovered
against her husband ; where heir
may avoid dower recovered ; rem-
edy for certain tenants losing by
default.
Admeasurement of dower for the
guardian and heir ;
therein.
process
. Alienation in dower, when void.
. Jointure or settlement by husband.
before marriage bars dower.
. A woman shall not have jointure
and dower.
. A woman shall be endowed whose
jointure is recovered.
. A jointure after marriage may be
refused.
. These rules apply to executors and
administrators acting under Mary-
land laws.
. Counter security of executor, etc.;.
consequent procedure,
Executor, de SOT tort.
4 CHAPTER I-ADMINISTRATION.
Sec. t Sec.
179. Executor, de son tort, liability of 183. Liability of personal representatives
their representatives ; devastavit. to Government.
180. Devastavit lies against executors by | 184. Priority of Government in assets of .
right. estates of principals or Sureties
181. Priority of the Government. to bonds to United States,
182. Priority of the Government estab- --
lished.
When additional SECTION 1. In all cases where the court appoints administrators,
tº: or takes bond from any executor to a last will and testament, and
require shall at any time become Satisfied that the Security is insufficient,
istrators, etc. º g tº
{ … ..., ſº ºf by reason of the removal or insolvency of any of the sureties in the
C sºº R. S. D. bond, or by reason of the penalty of the bond being too small, or
ºff. isis a from any other cause, it shall be lawful for the court to order and
is, s. 3. ' * * require the administrator or executor to give other or furthersecurity.
9 Stat., 4, 5. 3 MacArthur Rep., 30, in re Ames; MacArthur & M. Rep., 228, Wil-
:SO]] º: Arrick; 14 How. Rep., 400, Ennis vs. Smith; 112 U. S. Rep., 83, Wilson vs.
Arrick. ^-
Removal of ad- SEC. 2. The court shall have power to remove any administrator
*trator *Y* or executor who fails or refuses to comply with such order, and
------ to appoint an administrator in his stead.
Sec. 975, R. S. D. C. "Ibid. MacArthur & M. Rep. , 228, Wilson vs. Arrick; Ibid.,
p. 278; 112 U. S. Rep., 83, Wilson vs. Arrick,
Unadministered SEC. 3. The court, shall further have power to order and require
** any assets or estate of the decedent, which may remain unadmin-
sec. 976, R.S.D. istered, to be delivered to the newly-appointed administrator debonis
º l mon, and to enforce a compliance with Such order by fine and attach-
- 1C ſº * - ë O': r SS.
Mac Arthur & M. ment, or any other legal p oces --- g
Rep., .28, Wilson vs. Arrick; Ibid., p. 278; 112 U. S. Rep. , 83, Wilson vs. Arrick:
14 Péters Rep., 33, Kane vs. Paul; 14 Howard Rep., 400, Ennis vs. Smith; 16 Wal-
lace Rep., 535, Beall vs. New Mexico.
“C
How powers of SEC. 4. The powers granted to the court by the preceding sections,
- . may beexer may be exercised by the court ex officio, or on the application of any
elsea. . . . . . one interested.
..Sec. 977, R. S. D. C. Ibid., S. 4.
Summons and SEC. 5. In all cases each administrator or executor shall be first
notice. , summoned to show cause against such orders, or have ten days'
Ibid., S. 3. notice, in writing, of the intended application.
Sec. 978, R. S. D. C.
Bond of execu- SEC. G. That whenever hereafter a testator shall, by last will and
tol’S. testament, request that his executor or executors be not required to
How regulated, give bond for the performance of his or their duty as such executor
or executors, then and in such case the bond required of such
executor or executors shall be in Such penalty as the court may
consider sufficient to secure the payment of the debts due by said
testator; and said bond shall be conditioned accordingly, and shall
Provisos. be in no other or greater penalty : Provided, however, That the
Not to "exceed penalty of this bond shall not exceed double the value of the estate;
double value of and when less than this sum, may be increased, or an additional bond
estate. be required, whenever it shall be made to appear to the court that
the bond as given is insufficient to Secure the payment of the debts
Court may re. of the testator: And provided further, "That whenever any creditor
quire additional or distributee or legatee entitled to take under the said will shall
bond, or, remove make it appear to the court that any executor who has given such
* in case of bond only as is herein provided for is wasting the assets of the estate,
... 17, 1887, or that the assets in the hands of such executor are in danger of being
ºr lost, wasted, or misappropriated, then and in such case the court
* shall have power to remove said executor or require him to give
24 Stat.,
:sec. 1.
Chapter –ADMINISTRATION. - 5.
additional bond, with security in penalty sufficient to Secure the,
interests of all the creditors and distributees or legatees entitled to
take as aforesaid, and conditioned accordingly; and on his failure to
give bond or bonds as aforesaid, as required, by the court, within a
time named by such court, his letters testamentary shall be revoked
forth With. [See R. S., D.C., p. 114.] -
SEC. 7. That from and after the passage of this actit shall be lawful . Foreign execu-
for any person or persons to whom letters testamentary or of admin-º..." º,
istration have been or hereafter may be granted by the proper ºrs ena, OleCl UO.
authority, in any of the United States or the Territories thereof, to " '
maintain any suit or action and to prosecute and recover any claim
in the District of Columbia, in the same manner as if the letters
testamentary or of administration had been granted to such person
or persons by the proper authority in the said District ; and the
letters testamentary or of administration, or a copy thereof, certified
under the seal of the authority granting the same, shall be sufficient
evidence to prove the granting thereof, and that the person or persons, •
as the case may be, hath or have administration : Provided, never- Proviso.
theless, That the supreme court of the District of Columbia shall
have the power, and such power is hereby given to the said court, tº
upon petition of any one interested, to require from such person or Security:
persons the security now required by law, in like case from a resident Trel, as iss,
administrator or executor. 31 stat. 431 =
sec. 1. 2 Mackey Rep., 368, U. S. vs. Wyman; Ibid., 109, U. S. Rep. , 654; 14
Peters Rep., 33, Kane vs. Paul.
SEC. 8. All exceptions in favor of parties beyond the District of . Exceptions, in
Columbia, which may by existing laws be replied or relied on in any : º, *
action or proceeding brought in the said District are hereby repealed pºp actions
and abrogated: Provided, That this section shall not affect the right not affected.
of parties in actions now pending. Ibid., sec. 2
9 Mackey Rep., 169, Pickering vs. Arrick ; 94 U. S. Rep., 778, Hogan vs. Kurtz-
LETTERS TESTAMENTARY OR OF ADMINISTRATION.
SEC. 9. When any will or codicil, respecting personal property, How and of
shall have been authenticated as aforesaid, or proved as aforesaid whom letters tes:
before the register of wills, or orphans court, letters testamentary tºº.º. ºf
may forthwith be committed to the executor, executrix or executors, *:::::::::::::::
named in the said will or codicil; provided the said executor or tº *
executrix, or each of the executors, shall execute a bond to the United Md. act 1798.
States of America' [State of Maryland, with two good sureties, ch. 101, Sub Ch. 3,
approved by the said register or orphans court as the case may”. Kilty ses.
require, and in such penalty as the said register or court may require, iº 374.
conditioned for the faithful performance of the trust in him or her Thomp. Dig, 18.
reposed as executor or executrix, to be lodged and recorded in the , 1 Brock, Rep.,
said register’s Office, and subject to be put in suit as hereafter men- Biº |U . S. vs.
e 2 IXOll.
tioned. - *44 Md. Rep., 625, Carpenter vs. Jones.
SEC. 10. If the executor or executrix, or all the executors named Fºº'.
g & g Letters to be.
in a will, who shall not have renounced in the manner hereafter grºi executor.
directed, shall, in due time, procure an attested copy of the said will, within forty days.
and of the authentication or probat, under the seal of the office
where it was authenticated or proved, and shall produce the same to jº ſº
tº º g e e 2 Kilty, 834.
the orphans court, or in its recess to the register of wills, in any i Dorsey, 374,
county wherein is personal property of the testator or testatrix to be 375.
administered, the said will, and the authentication or probat thereof,
shall be there recorded ; and letters testamentary may be granted
to the said executor or executrix, or all the executors, not renounc-
ing, by the said court, or in its recess by the said register, at any
time within forty days from the date of the said copy, on his, her or-
Ibid., sec. 2..
#
{5
CHAPTER I.-ADMINISTRATION.
their executing bond or bonds as aforesaid ; and in case of sickness
of, or accident to, or reasonable excuse made in behalf of, any such
executor or executrix, the said court, or register, may allow a further
time, not exceeding thirty days, for filing such bond, and taking
Such letters; but in no case shall letters testamentary be granted in
such county after the expiration, of such time allowed, or in any
other county except that wherein the will was authenticated or
proved ; and it shall be the duty of such executor or executrix to
transmit to the court where the will was authenticated or proved, a
certificate, under seal of the register of wills of the county wherein
letters testamentary shall have been granted, to show that such let-
ters have been granted. *.
Executor failing SEC. 11. If there be only one executor or executrix named, and
to give bond yº. he or she shall have been present at the authentication or probat of
i.º.º. º: the will, and shall not, within thirty days thereafter, file a bond as
jo may be aforesaid, or procure an attested copy under seal as aforesaid, for the
granted c.t.a. purpose of taking letters as aforesaid in another county, letters of
Ibi administration, with the copy of the will annexed, may be granted
id., Sec. 3. º, & a
§ºit. §§ by the orphans court of the county wherein was the probat or
1 Dorsey, 375. authentication, to such person as they might be granted to in case of
Thomp. Dig., intestacy; and if the said executor or executrix, so procuring an
34 Md. Rep.,450 attested copy, shall not obtain letters testamentary in some other
President #. ... county, within seventy days from the date of the copy, letters of
ièroºm.” administration may be granted as aforesaid by the orphans court of
y the county where the will was proved or authenticated ; and it shall
not be incumbent on the party applying for or taking such letters
of administration, to show that letters testamentary have not been
obtained in some other county On the copy aforesaid ; but such let-
ters of administration shall not be granted, if it shall be proved to
the court, by affidavit, or certificate under the seal of office, or if
they shall have reason to believe, that such letters testamentary
have been granted in a county proper for granting them.
t
T}xecutor not SEC. 12. In case the said sole executor or executrix shall not have been
tº present at the authentication or probat, but shall have been within
* * * the District [State] a summons may issue against him or her, either
Ibid.; sec. 4, at the instance of a person interested, or ea officio by the orphans
3 Kilty, *, court, or (in their recess) the register of wills of the county wherein
** orsey, 870, the will was authenticated or proved, returnable not less than twenty,
Thomp. Dig., 20. nor more than sixty days after date; and if the summons shall be
returned “summoned,” and the executor or executrix shall not appear
34Md. Rep., 450, accordingly, or appearing shall not, within twenty days thereafter,
Fººt, *** file a bond or bonds as aforesaid, or if two such summonses shall be
I’OWIlé. & 6 .1 2 3 - tº
returned “mom est,” and the party shall not appear according to the
tenor of the second summons, or appearing shall not, within twenty
days thereafter, file a bond as aforesaid, letters of administration
may be granted as aforesaid; provided nevertheless, that in case of
sickness of, or accident to, such executor or executrix, or reasonable
excuse made in his or her behalf, the court may, at discretion, allow
a further time, not exceeding forty days after such return or appear-
ance, for filing such bond. -- -
... Executor absent SEC. 13. If the said sole executor or executrix be out of the District
frºm i. [State] at the time of authentication or probat, and shall not, within
*::: º *: six months thereafter, return and file a bond as aforesaid, letters of
qualify in six administration may be granted as aforesaid; but in case the said
months. executor be out of the District [State] as aforesaid, and shall return,
Ibi at any time before the expiration of the said six months, in order to
id., Sec. 5. tº
3 ºitºi expedite the granting of letters, there may be a summons, and the
1 Dorsey, 376. same proceedings thereon, as if he or she had been in the State at
Thomp. Dig., 20, the time of authentication and probat, and upon the said proceedings
CHAPTER I. —AIDMINISTRATION. 7
letters of administration may be granted before the expiration of six , , 34Md. Rep., 450,
months; but it shall not be held necessary to proceed by summons jºb etc., v.S.
as aforesaid, in case the party be as aforesaid out of the District”
[State] at the time of authentication or probat, and shall return as
aforesaid; but letters of administration, after the expiration of the
said six months, may be granted, without such proceeding by Sum-
mons against the executor or executrix so returning.
SEC. 14. If there shall be more than one executor or executrix, Where several
named in a will containing any disposition relative to any personal.º.º.º.º.
* tº gº rule as where only
estate, there may be the same proceedings with respect to each of .
them, as if he or she were the only executor or executrix named ; g
and any circumstances, under which letters of administration may *
be granted, on failure of a sole named executor or executrix, shall iñº, 376.
authorize the granting letters testamentary to one or more of the Thomp. ' Di § - ,
executors, on the failure of one or more of the rest ; and any circum-21.
stances under which letters of administration may be granted, on 2.8%. Pull.
º - e * 26, Taynton vs.
failure of a sole named executor or executrix, shall authorize the fianº. 34 Mol
granting of such letters of administration on failure of all the exec-f. “450. Presi
utors; and in no case, where there are several executors named in a dent, etc., vs.
will, shall letters testamentary be granted to one only, or to any Browne.
number of them less than the whole, or shall letters of administra-
tion be granted until there shall be such proceedings against each
of them failing, as would authorize the issuing letters of administra-
tion in case of the failure of a sole named executor. *
SEC. 15. If any executor or executrix named in a will shall file, or ºut 91 rº
transmit to the orphans court of the county wherein the will shall º
have been authenticated or proved as aforesaid, an attested renuncia- ; yet act on
tion in writing of his or her trust, there may be the same proceed-qualifying before
ings, with respect to granting letters testamentary or of administra- administration
tion, as if the party so renouncing had not been named in the will; *
provided nevertheless, that any executor or executrix named in a Ibid., sec. 7.
will, shall be entitled, notwithstanding any failure or renunciation 3 Kilty, 835,
as aforesaid, on filing a bond as aforesaid, before letters testamentary ºf P*Y. *7%
or of administration shall actually be committed to another or others “fºomp, Dig.2
as aforeaid, to have letters testamentary granted to him or her, or to 34 Mā’īep. 450.
be included therein, as the case may require. - Fººt. etc., vs.
rowne.
SEC. 16. In case letters testamentary shall be granted to one or ...Executors qual-
more of the executors named in a will, on failure of the rest, no #: § º
executor or executrix, not named in the said letters, shall in any jº".”
manner interfere with the administration, or have any greater inter-
est in the estate of the deceased, than if he or she had not been named
in the will as executor or executrix; and if letters of administration,
with a copy of the will annexed, shall be granted, no executor or
executrix therein named shall in any manner interfere further with
the administration, or have any greater interest in the estate afore-
said, than if he or she had not been named as aforesaid; and no
executor or executrix named in a will, shall, before letters testamen-
tary shall be granted to him or her, have any power to dispose of
any part of the estate of the deceased, or to interfere there with,
further than is necessary to collect and preserve the same; provided
nevertheless, that any act of an executor or executrix named in a Acts of execu-
will, done before obtaining letters testamentary, shall, in case he or tors before quali-
she shall afterwards obtain such letters, be as valid and effectual as fying. What valid.
if the said act had been done after obtaining such letters; and in Ibid., sec.s.
case of a suit commenced by such executor or executrix, it shall be 2 Kilty, 835.
sufficient to produce the said letters, or a certificate under the seal of hº
- ...y g 5 * * & rºye
* Where bill in equity against two executors is dismissed as to one, such order operates as a dis-
missal against the other, 1 Appeal Cases D. C. 44, Willard vs. Wood. -
8 CHAPTER 1,–ADMINISTRATION.
the office where they were obtained, that they have been granted to
the party at any time before the trial or final hearing on such suit;
and in any case whatever where an exhibit of such letters testamen-
tary or of administration would be good Or available, a certificate as
aforesaid shall also be good and available.
Exe cut or s SEC. 17. It shall not be necessary, in any suit at law or equity
named in letters brought by or against an executor, executrix or executors, to make
tº...ºnly Proper a party of any executor or executrix named in the will, who shall
parties. not also be named in the letters testamentary, but the making him,
A Jºse; 9. her or them, a party or parties by mistake, shall not vitiate any
}º, proceeding for of against the proper party or parties.
1 Dorsey, 377.
Thomp. Dig. , 22. - -
Bond of execu- SEC. 18. Any bond executed by an executor or executrix, or an
: oº:: administrator or administratrix, as hereafter mentioned, shall be
.de."... n., recorded in the office of the register of wills where administration is
have copy, and granted; and any person conceiving him or herself interested in the
Sue thereon. administration of the estate, shall be entitled to and have on demand,
Ibid., sec. 10, a copy of such bond, and a certificate from the register under his
3 Riity, 835, hand and the seal of his office, upon which copy and certificate an
1 Dorsey, 377, action may be maintained, in the name of the United States of
*ś, Di America [state], for the use of the party interested, and judgment
*** *** may be recovered upon such action for the damage actiially sus-
3 Cranch Ct. tained. • ‘ - *
Rep., 420, U.S. vs. Queen : 7 Wallace Rep., 425, Payne vs. Hook: 10 Wallace Rep., 583,
Stovall vs. Banks; 16 Wallace Rep., 535, Beall vs. New Mexico; 112 U.S. Rep., 491,
Maryland vs. Baldwin,
º SEC. 19. That it shall not be lawful for any creditor or creditors
tºº. ... to prosecute any such administration or testamentary bond for any
jº jº. debt or damages due from or recovered against any testator or intes-
or mulla boma bétate, or their effects, before a nonest inventus on a Capias ad respon-
2
returned. dendum be returned against the executor or administrator, or a fieri
Md. actiºn, on facias returned nulla bona by the marshal [sheriff] where such
24, sec. 2. executor or administrator live, or where the effects of such deceased
1 Kilty, 167, lies, or such other apparent insolvency, or insufficiency of the person
º as or effects, of such executor or administrator, as shall, in the judg
FºA. ment of the *, * * court that hears the cause, render such
Rep.jpg, U.S. creditors remediless by any other reasonable means, save that of
King; 3. Cranch suing such bonds, on pain that such person or persons that shall
Ct. Rep., 430, U.S. cause such bonds to be sued, contrary to the true intent and mean
& ?".º.º...”ing of such act, shall be condemned in full costs of suit, to be
ranch Ct. Rep., § :}: Sk 23:
§§§ "U’s.’.... adjudged by such " " . * court to the defendant, or defendants
Shaw; Ibid., p. that shall be so sued, against the person Or persons that shall cause
592, U. S. vs. Ken- the same to be sued, and shall award execution thereof as usual in
edy; 8 Md. Rep., *
88, State vs. Jones; other cases.
16 Md. Rep., 531, Brown vs. Murdock; 17 Md. Rep., 570, Slighman vs. Marshall;
4 Gill & J. Rep., 471, Dorsey vs. State. *
General issue SEC. 20. That it, Shall and may be lawful for the defendant or
Peadable defendants in such suits to give this act and the special matter in
Ibid., sec. 3. evidence, without specially pleading the same, any law, statute, usage
1 Kilty, 167. Or custom to the contrary notwithstanding.
1 Dorsey, 56. Thomp. Dig., 23. .
Bond of execu- SEC. 21. The condition of the bond to be passed by any executor or
i. or administra- executrix, administrator or administratrix, shall be as follows, or to
* the following effect: ‘The condition of the above obligation is such,
Md. act 1798, Ch. that if the above bounden — shall well and truly perform the
lºsuº * * * office of executor or executrix, administrator or administratrix, of
3 kilty,835 ––, late of —, deceased, according to law, and shall, in all
CHAPTER I.-ADMINISTRATION. 9
~.
j
}
respects, discharge the duties of him (or her) required by law, as 1 Dorsey, 37s.
executor or executrix, or administrator or administratrix, aforesaid, Thomp. Dig., 24.
without any injury or damage to any person interested in the faith-, 57 Md. Rep., 340,
ful performance of the said office, then the above obligation shall be gº º ‘.
vºid ; it is otherwise to be in full force and virtue in law.” j. e º 288,
t Clark vs. William ; 60 Md. Rep., 239, Handy vs. Collins; 51 Md. Rep., 392, Kirby
vs. State; 51 Md. Rep., 352, State vs. Cheston; 38 Md. Rep., 338, State vs. Wilson;
16 Md. Rep., 522, Brown vs. Murdock, . -
SEC. 22. Every executor or executrix, administrator or adminis- . Oath of admin-
tratrix, after filing his or her bond for faithful performance, and stator or execu-
before letters shall be committed to him or her, shall be required to *
take the following oath, or affirmation, as the case may require, to Ibid., Sec. 12.
be administered by the register of wills, or Orphans court : “I, - #. sº
—, do swear (or Solemnly, sincerely and truly do affirm and declare,) tº: 24
that I will well and truly administer the goods, chattels, personal omp. Lig., 24.
estate and credits, of —, late of , deceased, to the best -
of my knowledge, according to law, and will give a just account of .
my ºnistration when thereto I shall be lawfully called; so help *
me God.” #
SEC. 23. The following shall be the form of the letters testamen-, Form of letters
tary to be granted to an executor, executrix or executors, under the testºnentary:
seal of the orphans court : District of Columbia, Sct. The United Ibid., sec. 13.
States of America. [“Maryland, sc. The state of Maryland, to all 2 Kilty, 835,
persons to whom these presents shall come, greeting. Know ye, º,
that the last will and testament of , of — , deceased. Thomp. Dig.24.
hath in due form of law been exhibited, proved and recorded, in the
office of the register of wills for — county, a copy of which
is to these presents annexed, and administration of all the goods,
chattels and credits, of the deceased, is hereby granted and com-
mitted unto f , the executor, executrix or executors, (or One Or
more of the executors,) by the said will appointed. Witness A. B.
Justice holding the special term of the Supreme Court of the District
of Columbia for orphans court business [chief justice of the Orphans
court of county, this day of Test, C. D. reg-
ister of wills [for county.’] 3-
SEC. 24. Incase of delay, on account of the absence from the District Letters author-
[state] of an executor, executrix or executors, named in a will, or of aizing collection.
contest relative to the right of administration, or of a contested Tbid sec. 14.
will or codicil, or of the negligence of any executor or executrix, 2 Kilty, 836.
named in the will, to take out letters testamentary, or the absence or 1. Dorsey, 379,
negligence of any person entitled to letters of administration, or On º#
any other account, the orphans court of the county wherein the will whº ini.
was proved or authenticated, or where letters of administration ought 6' diſi. Rep. 91.
to be granted, may, at discretion, issue letters, authorizing the col- Townshend, vs.
ſection and preservation of the goods of the deceased, and the return- Bºei. § &
ing an inventory thereof; [and the said letters may, at discretion of ! ºw SOI).
the court, be directed to one person only, or to several persons, in “” º
case the goods or chattels and personal estate of the deceased shall
be supposed to be in different counties.]
SEC. 25. The form of such letters shall be as follows: District of Form of letters
Columbia, sci. The United States of America [“Maryland, sc. The of collection:
state of Maryland, To all persons to whom these presents shall come, Ibid., sec. 15.
greeting. Know ye, that whereas , of , deceased, as it 2 Kilty, 836.
is said, had, at his, (or her) decease, personal property within this Porsey; $79.
District state, the administration whereof cannot immediately be *P. Dig.,25.
granted, but which, if speedy care be not taken, may be lost, destroyed
or diminished; to the end, therefore, that the same may be preserved
for those who shall appear to have a legal right or interest therein,
10 - CHAPTER I.-ADMINISTRATION.
we do hereby request and authorize —, of , to secure
and collect the said property, wheresoever the same be in this District
. bate, (or in County or counties,) whether it be goods, chattels,
ebts or credits, and to make or cause to be made a true and perfect
inventory thereof, and to exhibit the same, with all convenient
speed, together with a reasonable account of his collection, into the
office of the register of wills for county. Witness A. B.
justice [chief justice of the Orphans court for county, Test,
C. D. register of wills [for county.’] -
Bond of col- SEC. 26. But before letters to collect shall be granted, the party
lector. shall give bond, with approved security, to be filed, recorded and
Ibid., sec. 16. Sued as aforesaid, in Such penalty as the court shall direct, and the
2 Kilty, 836. condition thereof shall be as follows: “The condition of the above
łº, obligation is such, that if the above bounden — shall well
*** and honestly discharge the office of collector of the goods, chattels,
and personal estate and debts of — —, deceased, in the District
of Colwºmbia [state of Maryland, or — county, and shall make,
or cause to be made, a true and perfect inventory or inventories of
Such of the said goods, chattels, personal estate and debts, as shall
come to his or her possession or knowledge, and the same shall in due
time return to the register of wills of county, and shall also
deliver to the person or persons who shall be authorized by the
Orphans court of the said county to receive them, such of the said
goods, chattels, personal estate and debts, as shall come to his or her
possession, (except such as shall be allowed for by the said court,)
then the above obligation is to be void, or is otherwise to remain in
full force and virtue in law.” - ".
t
, Qath of col- SEC. 27. And every collector as aforesaid shall be required, on
Hector. granting the said letters, to take the following oath, or affirmation,
Ibid., sec. 17. as the case may require: ‘I — — do swear, or affirm, as the
3 Kilty, 836, case may be, that I will well and honestly discharge the office of col-
#º lector of the goods, chattels, personal estate and debts, of —
*** —, deceased, according to the tenor of the letters granted to
me by the Orphans court of county, and agreeably to the direc-
tions of law, to the best of my knowledge; so help me God.”
Collectors' pow- SEC. 28. Every collector so appointed shall have power to collect
ºnd *P* the goods, chattels, personal estate and debts, according to the tenor
& of the said letters, and to secure the same at such reasonable and
#. º necessary expense as shall be allowed by the court; and the court
i fºyāšo, ºf authorize him, immediately after appraisement, to sell such as
ii. p.37 shall be perishable, or not to be preserved, and to account, for the
3. Crich.” Ci same ; and for the whole trouble incurred by a collector, the court
Rep. 582, Nichols may allow a commission on the amount of the property and debts
§: Hodge: 47.43 actually collected, and afterwards delivered to an executor or admin-
#: *ba. istrator, as to the court shall seem just, not exceeding three per cent.
«. g XIey. tº a *
or the court may allow a commission on the whole inventory not
exceeding two per cent,
Collector can SEC. 29. No collector as aforesaid shall have power to bring suit
i. º : * * for debts, or to release the same, or to do any act further than is
lease debts. before mentioned.
Ibid, sec. 19. 2 Kilty, 836. Thomp. Dig., 27.
Collectors' pow- SEC. 30. On the granting of letters testamentary or of administra-
..º.º. º: tion, the power of any such collector, shall cease, and it shall be his
º sº. duty to deliver, on demand, all the property and money of the
Juent duties and deceased in his hands, except as before excepted to the person or
iliabilities of. persons obtaining such letters; and in case of the collector’s evad-
ing such demand, or refusing or neglecting to deliver according
CHAPTER I. —AIDMINISTRATION, - 11
to such demand, made at a reasonable time and place, either the Ibid., sec. 20.
court may proceed against him by attachment, and impose a fine & Silty, 8;
not exceeding ten per cent on the amount of property in his hands, *:::::::B; **
unless in the case of the minority of the executor or executrix, then "" }). Dig. , 3 ſ.
and in such case letters of administration, during the minority of
such executor or executrix, shall be granted; the age of eighteen
years shall be considered as the age of majority of the purposes of
this clause; or his bond may be sued by the executor or administra-
tor.
LETTERS TESTAMENTARY.
SEC. 31. If any person, named as executor or executrix in a will, To whom letters
shall be, at the time when administration Ought to be granted, under testamentary may
the age of eighteen years, or of unsound mind, incapable according be granted.
to law of making a contract, or convict of any crime, rendering him or Md. actings, ch.
her infamous, according to law, or if any person, named as an exec-101, sub ch. 4.
utor, shall not be a citizen of the United States, letters testamentary, seg,1:, .
or of administration, (as the case may require,) may be granted, in º y º º
the same manner as if such person had not been named in the will. thºs.
34 Md. Rep. 450. Georgetown College vs. Browne; 5 Har. & J. 110, Davis vs. Jac-
Quln. -
SEC. 32. No question respecting infamy, citizenship, or competent Questions as to
age, shall be determined by the Orphans court, without summoning . deter.
the persons so named in a will, and alleged to be infamous, alien, or lºnotice
under age, provided he or she be within the District [state, or with- º gº
out giving Sugh notice, by advertisement, ºr otherwise, as the court #iº
shall direct. (in case he or she be out of the District [state,) and bºy §
hearing, in case the party shall attend agreeable to summons or Thºji. 28.
notice.
SEC. 33. A transcript of the record of conviction shall be evidence, Infamy proved
in the orphans court to prove the party infamous. ºnscript Of
Ibid., sec. 3, 2 Kilty, 837. 1 Dorsey, 381. Thomp. Dig., 28.
SEC. 34. When any person so named as an executor in a will, shall Proof of citizen-
be alleged to be an alien, or not a citizen of the United States, his ship of executor.
citizenship shall not be established otherwise than by a certificate nº
-à- º ! Ibid., sec. 4.
under the seal of the office, or court, where the party became natus 3 ºily sº.
ralized, or by competent testimony that the said person is a natural 1. Dorsey, 381.
born citizen of this District [state,) or of some of the United States. Thomp. Dig., 28.
SEC. 35. Any inquisition of a jury, on a writ issued from chancery, Proceedings on
finding the party an idiot, lunatic, or non compos mentis, and con-proof of insanity
firmed by the chancellor, shall be conclusive evidence of the unsound of executor.
mind of the party; and if such an inquisition shall not have been Ibid., see. 5.
had at the time when administration ought to be granted, a writ de 2 Kilty, 837.
lunatico inquirendo may issue by the chancery or Orphans court, on Dorseys ºl.
the petition to either of the said courts of any person interested; º;.
and the finding of the jury, that the party is an idiot, lunatic, or 79. #.
madman, or non compos mentis, thereon returned and confirmed by 49.3 Mackey, Rep.
the chancellor or the Orphans court, as the case may be, shall be conclu-491. In ré Bryant:
sive against the party; and a certificate from the register in chan- : Mººp. §
cery, under seal, stating the substance of the proceedings, shall be."...º.º.
evidence in the orphans court, who may thereon proceed as if the §13. Rep. 468,
party had not been named in the will. FCearney vs. Tur-
In 61".
SEC. 36. When a person named in a will as an executor or execu- Proof of execu-
trix shall be alleged to be under the age of eighteen years, it shall be tor being under
incumbent on the person making the allegation to establish the same ****
by such proof as is usually required in Such cases. Ibid., see. 6.
2 Kilty, 837. 1 Dorsey, 381, 382.
12 - CHAPTER 1–ADMINISTRATION.
g
Thomp. Dig. , 29. SEC. 37. And in case letters testamentary shall be granted to an
fººd' of ºcuſ executor above eighteen, and under twenty-One years of age, the
tor over age of 18 bond by him executed for faithful performance shall be binding as
valid. if he were of full age. - . . . . .
Ibid., sec. 7, 2 Kilty, 837. 1 Dorsey, 382. Thomp. Dig., 29.
Husband of ex- SEC. 38. No married Woman shall be entitled to letters testamen-
Sºutº give tary, but the same, or letters of administration, shall be granted in
bºº %mm. the same manner as if she had not been named in the will, unless
sojºcutºr her husband shall, with two sureties, give bond as aforesaid, to be
18, valid. recorded and sued as aforesaid, for her faithful performance ; and
--T-2. - the bond of any executrix, who is unmarried and above eighteen,
|biº *ś. given as aforesaid, shall be binding in the same manner as if she were
* ...; of the full age of twenty-one years.
1 Dorsey, 382.
Thomp. Dig., 29, 34 Md. Rep., 450, Georgetown College vs. Browne.
LETTERS OF ADMINISTRATION.—TO WHOM AND UNDER WHAT CIR-
- ClO MSTANCES GRANTED. -
Dis qualifica- SEC. 39. No letters of administration shall be granted to a person
tions for administ infamous as aforesaid, or to an idiot, lunatic or person non compos
tratorship mentis, or to a person who is not a citizen of the United States, or
Md, act 1798, ch. under eighteen years of age; and any question respecting infamy,
101, sub gh. 5, soundness of mind, citizenship or age, may be heard and established
sec. 1. as if the same respected a person named as an executor.
2 Kilty, 837. 1 Dorsey, 382. Thomp. Dig., 30. 7 Wallace Rep., p. 496, Kelly vs.
Owen; 55 Md. Rep., p. 284, Pollard vs. Mohler,
When adminis- SEC. 40. Whenever any person hath died intestate, leaving in this
tration, may be District [state] goods, chattels, or personal estate, letters of admin-
* istration may forthwith be granted by the Orphans court [of the
Ibid., sec. 2. county] wherein was the party’s mansion house or residence; or in
2 Kilty. Sº, case he or she had no mansion or residence within the District [state,
Fºo letters shall be granted in the county where the party died; and in
#"...i... case the party neither had mansion or residence, nor died within the
291, Ems or vs. District ſº letters may be granted in the county wherein lies, or
Graff. is supposed to lie, a considerable part of the party’s personal estate.
Proof of death SEC. 41. It shall be incumbent on any person applying for such
and intestaº º letters, to prove such dying intestate to the satisfaction of the court
º: ... unless the same be notorious; and the court may examine such
tration.’ person, on Oath or affirmation, touching the time, place, and manner
of the death, and whether or not the party dying left any will ; and
Ibid, seº.º. if such dying intestate be not proved to the satisfaction of the court,
*ś, no letters of administration shall be granted; no such letters shall
Thompijig. 30. be granted until at least twenty days after the death of the supposed
64 Mā. Rép., intestate, and at least seven days after the application for the same.
543, Emmert vs. Stouffer, -
Letters testa- SEC. 42. If such letters shall be granted, and a will for the dispos-
mºntº, Yºing of the personal estate of the deceased shall afterwards be proved
º adminis- according to law, and an executor or executrix, or executors, named
therein, shall apply for letters testamentary within thirty days
thereafter, and shall be capable of the same, and shall execute a bond
as aforesaid, letters testamentary shall be accordingly granted, and
Administration the same shall be construed as a revocation of the letters of admin-
before revocation istration ; provided nevertheless, that all acts done by any adminis-
valid. trator or administratrix according to law, before any actual or implied
revocation of the letters of administration, shall be valid and effectual;
and provided, that the executor, executrix Or executors, so obtaining
CHAPTER I.-ADMINISTRATION. - 3
tratrix or administrators, and to obtain judgment in his, her or their
letters testamentary, shall thereby be authorized to prosecute any Letters testa-
actions at law or equity, commenced by the administrator, adminis- * º .
g * e tº m en c e d by or
own names, and likewise to defend any suit, as aforesaid, commenced against Adºni.
against the said administrator, administratrix or administrators; trator.
- and the granting letters testamentary in Such case shall not be con-
strued to affect any suit as aforesaid, commenced against the admin-
istrator, administratrix Or administrators, but the plaintiff or
plaintiffs shall be allowed to prosecute the same unto judgment ; nor
shall the granting such letters testamentary be construed to affect
any suit brought by the administrator, administratrix Or adminis-
trators, but the same shall be prosecuted unto judgment, unless the
executor, executrix or executors, shall come into court, and pray that
the same be struck off, or discontinued; and the executor, executrix
or executors, shall have the benefit of all judgments obtained by the
administrator, administratrix or administrators, and shall be bound ...Executor bene-
by all judgments obtained against them, unless the same shall be * Ol' lº. by
shewn to have been obtained by fraud, and set aside by the court in; "...a...
which the judgment was rendered, upon such suggestion of fraud, irator.
either upon an examination in a summary manner into the fact, or ~nia
gº º e - - • - id., sec. 4.
by directing an issue to try the same, or unless the said executor shall sºil.sº
shew to the court that there are good grounds to open the judgment, 1 Dorsey, 383.
in which case the court shall and they are hereby authorized to open Thomp. Dig. 30.
the saidjudgment for future litigation; and with respect to the allow-s." Mº Rep.
ance of costs, all administrators shall be on the same footing as if *sº
letters testamentary had not been granted, and the same rules in vid. Rep. 343.
making the executor or executors plaintiffs or defendants shall be Emmertºs. Stouf-
observed as are directed by the act of one thousand seven hundred fer. -
and eighty-five, chapter eighty.
SEC. 43. And in all cases where letters testamentary shall be Administrator
granted as aforesaid, it shall be the duty of the administrators to ºlºrestate to
exhibit to the orphans court their accounts, without delay, and to *
deliver to the executor, on demand, all the goods, chattels and Ibid., Sec. 5.
personal estate, in their possession, belonging to the deceased, and * ºr 8.
on failure, their administration bonds shall be liable to be put in hº
suit by the executors, or the executors may obtain an order for the 1). LJ19.5U.
purpose.
-
SEC.,44. In case any executor, executrix, administrator or admin- Administrator
istratrix, shall die before the estate shall be fully administered, de bonis mom and
letters of administration de bonis non shall be granted to the person incidents.
entitled agreeably to the rules herein before laid down, and the pro- -i. *
{e & - e * & * g. Ibid., sec. 6.
ceedings shall in all respects be the same as if administration had 2 Kilty, 838.
been originally granted; and in no case shall the executor of an exe- iforgey, 384.
gutor be entitled, as executor, to administration de bonis non of the Thomp. Dig. 33.
first deceased; and the letters, bond and oath, of an administrator pºlº.
de bonis non shall be in the form herein before directed, except that º 'º..”.
-- - - *ds ‘ lr administrated shall b lded in th t 63 Md. Rep., 542,
the words ‘not already administrated' shall be added in the proper wii.o.º. ".
places, Reese; 34 Mol.
Rep., 450, Georgetown, etc., vs. Browne; 33 Md. Rep., 448, Smith vs. Doe ; 28 Md.
Rep., 408, Kearney vs. Turner; 23 Md. Rep., 318, Thomas vs. Knighton; 14 Md.
Rep., 388, Scott vs. Fox; 1 Appeal Cases D. C., 32 McKnight: 109 U. S. Rep., 258, U.
S. vs, Walker; 112 U. S. Rep., 83, Wilson vs. Arrick,
*.
SEC. 45. If an executor or administrator shall die before adminis- . When letters de
tration is completed, letters de borvis mon, may be granted, at the dis- *:::: º may be
cretion of the court, with a copy of the will annexed, (if the case” . .
require,) giving preference, however, to the person entitled, if he or , Md. act 1798,
she shall actually apply for the same; and the form of the letters Ch. 101, Sub ch 14,
shall be as herein before directed, except that the words, “already *; à. V, 850
not administrated,’ be added in their proper place; and the authority “*”
14 CHAPTER I. —ADMINISTRATION.
| Dorsey, 407, conferred by such letters shall be to administer all things herein
*Md. Rep., 5 49, desºribed as assets, not converted into money, and not distributed
wº...”. or delivered, or, retained by the former executor or administrator,
Reese. under the court’s direction. (Sec. 976 R. S. D. C.)
Administrators SEC. 46. The qualification of an administrator or administratrix
º * shall, in all respects, be the same as those of an executor; and the
#... proceedings, to exclude such as prima facie appear entitled to the
utors. administration of the estate of an intestate, shall in all respects be
When relatives the same as herein before directed for excluding any person named
entitled to admin- in a will as executor or executrix, provided that it shalſ not be neces-
ister. sary SO to proceed, in case the party be out of the State, or in case
--- of administration to be granted to any, except relations, or to collat-
Md., act 1798, eral relations, more remote than brothers or sisters of the intestate;
* g sub ch.5, and no relations, except a widow, child, grand-child, father, brother,
3 Kilty,838. sister or mother, shall be considered as entitled, unless he or she shall
ii)orgey 534, apply for the same.
Thomp. Dig., 33, 73 Md. Rep., 324, Bowie vs. Bowie; 71 Md. Rep., 587, McGuire
vs. Rogers; 55. Md. Rep., 284, Pollard vs. Mohler; 66 Md. Rep., 308, Dalrymple vs.
Gamble; 64 Md. Rep., 360, Ehlen vs. Ehlen; 60 Md. Rep., 563, Rockwell vs. Young ;
3 Md. Rep., 318, Thomas vs. Knighton. -
Choses in action SEC. 47. If the intestate be a married woman, it shall not as mere-
º lº tofore be necessary for her husband to take out letters of adminis-
jith.ut". tration, but all her choses in action shall devolve upon her husband,
ters of adminis-in the same manner as if he had taken out such letters; provided,
tration. ... that if he shall not, in his life-time, reduce the said choses in action
... The ºut if into possession, or obtain judgment thereon, the said choses in action
.*... ...P. shall devolve on her répresentative, and administration may be
session be not ob- *
tained by him. granted accordingly.
Ibid., sec. 8, 2 Kilty, 838. 1 Dorsey, 384. Thomp. Dig., 33. 6 Mackey Rep., 117,
Chadsey vs, Fuller; 4 Cranch Ct. Rep., 696, Chew vs. Baker; 6 Har. & John Rep.,
31; 55 Md. Rep., 284, Pollard vs. Mohler. 76 Md. Rep., 110, in re Lee.
Actions by hus: SEC. 48. And hereafter a husband, bringing a personal action to
§ *... recover in right of his wife, either before or after her death, may
...' “declare specially, setting forth, in the usual manner, how the debt
tº Or right accrued to his wife, and stating further, that by marriage
Ibid., sec. 9, the debt or right hath on him devolved.
2 Kilty, 838. 1 Dorsey, 384. Thomp. Dig., 33. 38 Md. Rep., 175, Hubbard vs. Bar- - .*
cus, 76 Ma, Rep, , 110., in re Lee.
ORDER OF . PREFERENCE AS TO PERSONS ENTITLED TO ADMINISTRA –
- - TION. -
Tº widºw or one SEC. 49. If the intestate leave a widow, and a child or children,
*** administration, at discretion of the court, shall be granted either to
Ibid., sec. 10, the widow or child, or One of the children. - -
2Kilty,838. 1 Dorsey, 384. Thomp. Dig., 34. 73Md. Rep.,234, Bowie vs. Bowie;
64 Md. Rep., 360, Ehlen vs. Ehlen ; 55 Md. Rep., 284, Pollard vs. Mohler; 14 Md. Rep.,
106, Stockdale vs. Conaway; 11 Md. Rep., 416, Edelen vs. Edelen; 8 Md. Rep., 548
Barrett vs. Miller; 5 Md. Rep., 324, Maurer vs. Naill, -
To grandchild. SEC. 50. If there be a widow, and no child, the widow shall be
na. It preferred, and next to the widow or children, a grand-child shall be
ipºsº. 33ſ. preferred. *
Thomp. Dig., 34. 64 Md. Rep., 360, Ehlen vs. Ehlen; 55 Md. Rep., 284, Pollard vs.
Mohler, 27 Md. Rep., 391; Musz vs. Groves; 14 Md. Rep., 106, Stockdale vs. Cona-
way ; 11 Md. Rep., 416, Edelen vs. Edelen; 8 Md. Rep., 548, Barrett vs. Miller; 5 Md.
Rep., 324, Maurer vs. Naill.
To the father. SEC. 51. If there be neither widow, nor child, nor grand-child, the
Ibid. sec. 12.T father shall be preferred.
2 Kilty, 838. 1 Dorsey, 384. Thomp. Dig., 34, 64 Md. Rep., 360, Ehlen vs.
Ehlen ; 55 Md. Rep., 284, Pollard vs. Mohler.
CHAPTER I.-ADMINISTRATION. s 15
* ,
*
SEC. 52. If there be neither widow, nor child, nor grand-child, nor To brothers and
father, brothers and sisters shall be preferred, and next to brothers :* then
and sisters, the mother shall be preferred. . . mother.
Ibid., sec.13. 2 Kilty, 838. 1 Dorsey, 385. 55 Md. Rep.,284, Pollard vs. Mohler;
34 Md. Rep., 450, Georgetown College vs. Browne ; 9 Gill Rep., 465, Owings vs.
Bates. •
SEC. 53. If there be neither widow, nor child, nor grand-child, nor. Then next of
father, nor brother, nor sister, nor mother, the next of kin shall be * .
preferred. - & - Ibid., sec. 14.
2 Kilty, 838. 1 Dorsey, 385. Thomp. Dig., 34. 55 Md. Rep., 284, Pollard vs.
Mohler; 34 Md. Rep. , 450, Georgetown vs. Browne; 28 Md. Rep., 408, Kearney vs.
Turner.
SEC. 54. Males shall be preferred to females in equal degree of kin. Males preferred.
Ibid., sec. 15. 2 Kilty, 839. 1 Dorsey, 385. Thomp. Dig., 34, 55 Md. Rep., 284,
Pollard vs. Mohler; 28 Md. Rep., 409, Kearney vs. Turner; 19 Md. Rep., 1, Cook
vs. Carr.
SEC. 55. Relations of the whole blood shall be preferred to those Whole, blood
of the half blood in equal degree, and relations of the half blood preferred.
shall be preferred to relations of the whole blood in a remoter degree. Ibid., sec. 16.
2 Kilty, 839. 1 Dorsey, 385. Thomp. Dig., 34. 55 Md. Rep., 284, Pollard vs.
Mohler.
SEC. 56. Relations descending shall be preferred to relations ... Collateral rela-
ascending in the collateral line; that is to say, (for example,) a lºcendins
nephew shall be preferred to an uncle. D tº
Ibid., sec. 17. 2 Kilty, 839. 1 Dorsey, 385. Thomp. Dig., 34. 55 Md. Rep., 284,
Pollard vs. Mohler. -
SEC. 57. None shall be preferred in the ascending line beyond a Preferences, in
father or mother, or in the descending line below a grand-child. ascending and de-
scending lines.
Ibid., sec. 18. 2 Kilty, 839. 1 Dorsey, 385. Thomp. Dig., 34. 55 Md. Rep., 284,
Pollard vs. Mohler. -
SEC. 58. A female sole shall be preferred to a married woman in . Femme sole pre-
equal degree. . erred.
Ibid., sec. 19. 2 Kilty, 839. 1 Dorsey, 385. 61 Md. Rep., 250, Griffith vs. Cole-
man; 55 Md. Rep., 284, Pollard vs. Mohler; 5 Gill Rep., 197, Smith vs. Young.
SEC. 59. Where a female is entitled, administration may be granted, Female and hus-
to her and her husband, provided he be capable. band granted ad-
- ministration.
Ibid., see. 20. 2 Kilty, 839. 1 Dorsey, 385, Thomp. Dig., 34. 55 Md. Rep., 284,
Pollard vs. Mohler. - * r
SEG. 60. Relations on the side of the father shall be preferred to . Father's rela-
relations on the side of the mother in equal degree. tions preferred.
Ibid., sec. 21. 2 Kilty, 839. 1 Dorsey, 385. Thomp. Dig., 35. 55 Md. Rep., 284,
Pollard vs. Mohler; 28 Md. Rep., 408, Kearney vs. Turner.
SEC. 61. If there be no relations, administration shall be granted Largest greditor
to the largest creditor applying for the same. when entitled.
Ibid., sec. 22. 2 Kilty, 839. 1 Dorsey, 385. 66 Md. Rep., 308, Dalrymple vs.
Gamble; 55 Md. Rep., 284, Pollard vs. Mohler; 44 Md. Rep., 625, Carpenter vs. Jones.
SEC. 62. If there shall be neither husband nor wife, nor child nor ... When granted
grand-child, nor father nor brother, nor sister nor mother, or if these .99"s "sº
be incapable or decline, or refuse to appear on proper summons or “”
notice, or if other relations and creditors shall neglect to apply, ad- Ibid, sec. 33.
ministration may be granted, at discretion of the court. 2 Kilty , 839.
1 Dorsey, 385.
Thomp. Dig. 35. 66 Md. Rep., 308, Dalrymple vs. Gamble; 60 Md. Rep., 563,
Rockwell vs. Young; 55 Md. Rep., 284, Pollard vs. Mohler; 34 Md. Rep., 450, George-
town vs. Browne; 23 Md. Rep., 318, Thomas vs. Knighton; 6 Gill & J. Rep., 349,
Ward vs. Thompson. -
16 - - UHAPTER I.-ADMINISTRATION.
Residuary lega; SEC. 63. If however, letters of administration are to be granted,
: *: eſſed with a copy of the Will annexed, and there be a residuary legatee or
*** * * legatees in such will, he, she, or they shall be preferred to all, except
Ibid., sec:34, a widow, and it shall be incumbent on the court to proceed, in the
*ś,sº manner herein before directed, with respect to executors within the
tº ºn. District [state, before administration, shall be granted to any other
308, Dalrymple is person; and a male residuary legatee shall be preferred to a female.
Gamble: 34 Md. Rep., 450, Georgetown vs. Browne; 34 Md. Rep., 102, Henning vs. .
Varner. -
Administration SEC. 64. Administration may be granted to two or more persons,
*. beganted to with the consent of the person first entitled, provided that admin-
* * * istration, in all cases, shall extend to all personal property of the
Md., act 1798, deceased with the District [state, in order that the affairs of deceased
... 'ſ sub ch: º, persons be as little complicated as may be, and that persons interested
se; fity sas, therein may the more easily and readily obtain justice.
1 Dorsey, 385, 386. Thomp. Dig., 35. 51 Md. Rep., 146, Wright vs. Gilbert; ibid.,
p. 392, Kirby vs. State; 49 Md. Rep., 314, Covey vs. Charles; 6 Gill & J. Rep.,288,
Clark vs. State. $
Proceedings SEC. 65. If any person entitled to administration, shall deliver or
.*.* º transmit to the Orphans court, a declaration, in writing, that he is
.* willing to decline the trust, the court shall proceed as if such person
-- were not entitled.
Md. act 1798, -
ch. 101, sub ch. 14, sec. 1. 2 Kilty, 850. 1 Dorsey, 407. Thomp. Dig., 35. 68 Md.
Rep., 260, McColgan vs. Kenny; 44 Md. Rep., 625, Carpenter vs. Jones; 23 Md. Rep.,
318, Thomas vs. Knighton. -
RULES CONCERNING INVENTORIES.
Inventory to be SEC. 66. In every case wherein letters testamentary, or of admin-
returned in every istration, or of collection, are granted, in order that all persons inter-
Ca,S62. ested in the personal estate may have an opportunity of knowing,
Md. act fºs, as nearly as may be, the amount of the same, an inventory, [in case
ch. 101, sub. ch. 6, the estate lies in One county, or can conveniently be collected together,
“kill 839 or inventories, in case the property lies in more than one county, or
ꖼ, ... cannot conveniently be collected together, shall be returned to the
T.B.36, office granting the administration. - .
7 Mackey Rep., 392, Patten's estate; 60 Md. Rep., 229, Handy vs. Collins; 14 Md.
Rep., 388, Scott vs. Fox; 5 Peters Rep., 230, Yeaton vs. Lynn.
Warrant to be SEC. 67. And on granting any letters testamentary, or of admin-
issued to apprais istration, or of collection, a warrant or warrants shall issue, under
€I’S. the seal of office, authorizing two persons of discretion, not related
Ibid., Sec. 2. to the deceased, nor interested in the administration, to appraise the
*Kilty: 83% goods, chattels and personal estate, of the deceased, known to them,
#.i.a or to be shewn by the executor, administrator or collector. Form
p. Dig.,36. / e -- º *
jºiackey Rep. of the warrant. The United States of America ['The State of Mary-
392, Patten's es-land, To - 2 , greeting. This is to authorize
º º Rep., you jointly to appraise the goods, chattels and personal estate, of
Čoiling an º M. gº , late of —, deceased, so far as they shall come to
jºs.jpt... your sight and knowledge, each of you having first taken the oath,
Fox. or affirmation, hereto annexed, a certificate whereof you are to return,
annexed to an inventory of the said goods, chattels and personal
estate, by you appraised in dollars and cents; and in the said inven-
tory you are to set down, in a column or columns opposite to each
article, the value thereof. Witness C. D. Justice [chief justice
or judge of the Orphans court in county.] Test. E. F.
Register, etc.
Another War: SEC. 68. And On the death, refusal or neglect to act, of any ap-
*...*...*praiser, another warrant may forthwith issue in its stead.
where appraiser *
fails to act.
Ibid., sec. 3. 2 Kilty, 839. 1 Dorsey, 386. 60 Md. Rep., 229, Handy vs. Collins; 14
Md. Rep., 388, Scott vs. Fox. - •
CHAPTER I.—ADMINISTRATION. - 17.
SEC. 69. The appraisers, before they proceed to act, shall take the Oath of apprais-
following Oath, or affirmation, as the case may be, annexed to, or *
endorsed on, the Warrant, before any person authorized to adminis- Ibid., sec. 4.
ter an oath : “I, A. B., do swear, or solemnly, sincerely and truly 2 Kilty, 839.
affirm, that I will well and truly, without partiality or predjudice, Dorsey, 386.
value and appraise the goods, chattels and personal estate, of sº #a Rep.
, deceased, so far as the same shall come to my sight and knowl-ćin. ** M.
edge, and will, in all respects, perform my duty as appraiser, to the Rep., 388, Scottſvs.
best of my skill and judgment ; so help me God.” Fox. -
SEC. 70. The appraisers shall proceed as conveniently as may be Duty of apprais-
to the discharge of their duty, and shall set down each article, with *s.
the value thereof, in dollars and cents; all the valuations on one side Ibid., sec. 5.
of the paper shall be set down in One column, distinctly, in figures, 2 Kilty, 839.
opposite to their respective article; the contents of each column shall Dorsey; $86.
be cast up and set down, and likewise the contents of the whole shall º Diº.
be cast up, and set down under the last column. 229, #dy º
Collins; 14 Md. Rep., 388, Scott vs. Fox.
SEC. 71. When the inventory shall be finished, the appraisers shall, Inventory, re-
certify the same, under their hands and seals, and a certificate of theirº. º
having taken the Oath or affirmation as aforesaid, shall be thereto..."...".
* y Ior neg
annexed ; and every inventory shall be returned to the proper office ject.
within three calendar months from the date of the letters, or within Ibid 6
such time from the date of the warrant, in case a second warrant #: ; 840
shall have issued, as the case may require, unless further time, on 1 Dorsey, 337. "
application of the party, shall be granted by the court; and it shall Thomp. Dig,37.
be the duty of any executor, administrator or collector, taking out ... Mºy Rep.,
the warrant, to return the inventory or inventories which shall be?”. º, €S-
delivered to him by the appraisers; and on failure by the executor, ºi º
elivered to num by the appraisers; and on Tallure by the executor, 229, Handy is.
administrator or collector, attachment may issue to enforce the Collins; if Md.
return ; and on the attachment the court shall have power to fine the Rep., 388, Scott vs.
party not exceeding thirty dollars. Fox.
SEC. 72. If there be any of the persons interested in the adminis- Notice of ap-
tration within three miles of the place where the personal estate is pººr
to be appraised, it shall be the düty of the executor, administrator” sº
or collector, and of the appraisers, to give notice to the Said persons, Ibid., Seº.
or at least two of them, of the time and place appointed for making ; ;
the appraisement. dº.;29,
Handy vs. Collins; 14 Md. Rep., 388, Scott vs. Fox.
SEC. 73. Every executor, executrix, administrator or administra- Inventory of
trix, shall return likewise within the time, and under the pain afore-jºº...”
said, with an affidavit of the truth annexed, an inventory of the money "Pº"
belonging to the deceased which hath come to his or her hands, and of Ibid., sec. 8.
the debts due to the deceased which hath come to his or her knowl- 3 ºilºš4%
‘edge, specifying the nature of each debt, and Setting down such as º's
He or she shall deem separate, distinct and separate from those 60 §§
which he or she shall deem desperate or doubtful. Handy vs. Collins.
SEC. 74. Every collector likewise shall return, within the time, Collector's in-
(unless superseded) and under the form aforesaid, with an affidavit Yº:
of the truth annexed, an inventory of the money of the deceased, Ibid., sec. 9.
which he or she hath collected, belonging to the deceased, or received 3 Kilty,840.
in discharge of debts due to the deceased. 1 Dorsey, 387.
SEC. 75. Whenever personal property of any kind, or assests not Additional in-
mentioned in an inventory already made out, shall come to the pos-Yº:
Session or knowledge of an executor, executrix, administrator or Ibid., sec. 10.
administratrix, or collector, an account or inventory of the same 3 Kilty, 84%.
shall be returned, appraised by two respectable disinterested sworn 4 P*Y*
appraisers, appointed by any justice of the peace, or judge of any
Orphans court, within two calendar months from the time of the
discovery.
2 C. S
18 - CHAPTER 1.—ADMINISTRATION.
Collector's in- SEC. 76. In base an inventory be returned by a collector, duly
...; tº: appointed, the executor, executrix or executors, or administrator,
... administratrix or administors, thereafter administering, shall,
£Or. . within three calendar months after the date of his, her or their
Ibid., sec. 11 letters, either return a new inventory, in place of the collector's
2 Riity, Ś40. inventory, or any acknowledgment in writing, that he, she or they,
1 Doºey,338, have received from the collector the articles contained in the first
inventory, or consent to be answerable for the same, in the same
manner as if the said inventory had been made out after his, her
or their administering upon the estate : provided, that nothing
herein contained shall be construed to render any executor, exec-
utrix or executors, administrator, administratrix Or administra-
tors, answerable for not making a return of the inventory afore-
said, wherein it shall appear to the court that he, she or they, have
been prevented from making such return by the improper deten-
tion of the goods of the deceased by the collector aforesaid.
Disposition of SEC. 77. The executor or administrator shall either finish the cro
Šºš º on hand at the death of the deceased, or sell the same, as he sha
executor Or ad- . tº º 2 * > -->
ministrator. judge the most convenient ; and in case he shall not deem it conven-
e ient to finish the crop, the person entitled to the land on the death of
*i;* the testator or intestate, or his or her guardian or next friend for him
i jºšs, or her, in case of infancy of the party, may take the said crop at the
5 appraisement of the appraisers as aforesaid, paying ready money, or
giving bond, with good security, approved by the Orphans court, or
the register of Wills of the said court, if the said court be not in ses-
Sion at the time of making such sale, for paying the money within
six months; and in case the said party, or his Or her guardian for
him or her, shall not take the crop at an appraisement, the executor
or administrator may sell the same to any other person; for ready
money, or on credit as aforesaid; provided nevertheless, that he shall
not sell it at less than the appraisement, without the approbation of
the Orphans court [granting the administration,] or an Order, pre-
Scribing the terms, by the said court, passed as aforesaid.
Letters revoked SEC. 78. If an executor or administrator shall not, within three
º *...*.*.* months after date of his letters, exhibit to the orphans court an
urn inventory, - e & # * | *e
...” “...'...'', inventory as aforesaid, a summons returnable within not less than
granted. eight or more than thirty days, may, ea officio, or on application of
Tººls.I.T 3 person interested, be issued against such executor or administra-
§º tor, to shew cause wherefore such inventory hath not been exhibited;
i ijosey, 388, and if the summons be duly returned summoned,’ or upon two
389. citations returned ‘mon est,’ [by the sheriff of the county wherein the
Thomp. Digº 39, party resided at the time of obtaining his letters, or of the county
sº Mºº wherein the letters were obtained, in case the party doth not reside
i.e. "...e. in the state, and if he doth not appear at the return of the sum-
Rep. 230, Yeaton mons, or appearing shall not shew cause Satisfactory, the said court .
vs. Lynn. may immediately enter on its proceedings, and record, that the said
letters be revoked, and may proceed to grant other letters, in the
same manner as if such executor had not been named in the Will,
or as if such administrators were not in existence; and the power of
such executor or administrator shall thereupon cease, and he shall
be bound to deliver up, on demand, to the person obtaining Such
letters, all the property of the deceased in his hands, or be liable to
be sued by such person on his administration bond, or the court may
pass an order for the purpose.
If one executor SEC. 79. If there be more than one executor or administrator
*...*. named in the letters, any one or more of them on the neglect of the
| rest, may return an inventory; and the executor or administrator so
Others excluded, e & g & ſº tº
result the ºf neglecting shall not thereafter interfere with the administration, or
CHAPTER I.—ADMINISTRATION. - 19
have any power over the personal estate of the deceased; but the Ibid., sec. 14.
executor or administrator so returning shall thereafter have the 2 Kilty,840.
whole administration, unless, within two months after the return, Dorsey;389.
the delinquent or delinquents shall assign to the court some reason- *; º 40.
able excuse which it shall deem satisfactory. 393, #.”.
tate; 5 Peters Rep., 280, Yeaton vs. Lynn.
SEC. 80. No executor shall be obliged to exhibit any inventory, or Executor need
account, provided, he will give bond, instead of the bond herein; i. exhibit º
before directed, with such sécurity, and in such penalty, as the court.'...".
shall approve, to the United States of America [state of Maryland, and iegacies be
to be recorded and sued as before directed, with condition ‘for pay- given.
ing all just debts of, and claims against, the deceased, and all damages M. a. ºos
which shall be recovered against him as executor, and also all lega-chioi, sub ch ſſ.
cies bequeathed by the will,’ Fº the said executor be residuary sec. 6. 4°
legatee, or provided the residuary legatee of full age, shall motify 3 Kilty, 859.
his or her consent to the court ; and in case such bond be given by i.º. e
- * nomp. Dig., 41.
an executor, he shall be answerable for all debts, claims and damages, §§.
recovered against him as executor; and if suit be brought against 157, State vs.
him as executor, the judgment shall be for the whole sum found by H a mm on d'; 3
the jury, or otherwise ascertained, and execution may issue, and have jº, & J. Rep.”
effect, as if he were sued in his own right; and any legatee shall be gºamilton Q}.S.-
entitled to recover the full amount of his legacy, either in a suit e
upon the said executor’s bond, Or in a suit in chancery, as is usual in
case of legacies, Or in an action on the case, in which the giving of
such bond shall be considered as an assent to the legacy.
SEC. 81. No administrator, entitled to the whole residue after, Administrator
payments of debts of, and claims against, the intestate, shall be º gºilar €X-.
obliged to return an inventory or account, provided he will give bond, *
with Such security, and in Such penalty, as the court shall approve, tº
& º * º º Ibid., sec.7.
conditioned for paying all debts, claims and damages, which shall 2 Kitty, $50.
be recovered against him, as administrator; and in case he shall give 1 Dorsey, 408,
such bond, he shall be answerable for all debts, claims and damages 4%. Dig. 44
aforesaid, and judgment may be given, and execution may issue and º. §. 3.
have effect, as herein directed with respect to an executor giving a 15; siste §
similar bond. - x. H. a. m. m. on d ; 3
* Har. & J. Rep., 503, Hamilton vs. State.
ASSETS.
SEC. 82. Leases for years, estate for the life of another person or , Assets, what.
persons, except those granted to the deceased and his heirs only, and sº * SO, GOIl--
all goods, wares, merchandise, utensils, furniture, cattle, stock, pro-ºº:
visions, tobacco, and every kind of produce, the crop on the land of Md. act 1798,
the deceased by him or her begun, unless where the lands are divided, ch. 101, Sub Ch. 7,
things annex to the freehold or building, which may be removed with- *kill . Q.A tº
T • * * sl Al -- ~~ * y,841.
out prejudice to the building, clothing, ornaments, and every other iijo.
species of personal property, (except those things which are denomi- Thomp. Big. 41.
nated heir-looms, and the clothes of a widow, and ornaments and jewels 2 Mackey Rep.,
proper for her station, and the clothing of the family,) shall be 3% Wºº-
included in an inventory to be taken and returned as aforesaid, and *: º * .
shall be considered as assets in hands of an executor or administra-3 ðindíº. Rºº.
tor. - 371, Wilson vs.
Rose; 101 U. S. Rep., 645, Kennedy vs. Creswell; 112 U. S. Rep., 83, Wilson vs.
Arrick; 6 Gill & J., 191, Evans vs. Iglehart; 60 Md. Rep., 229, Handy vs. Collins;
43 Md. Rep., 336, Devecmon vs. Devecmon ; 33 Md. Rep., 11, Alexander vs. SuSSan;
20 Md. Rep., 527, Valentine vs. Strong.
SEC, 83. A common warrant for land not executed or located in Warrants, fºr
the life-time of the deceased, shall be assets after his death, in the ºl.º.º.º.º.
tº e $ tº ſº e e due deceased shall
hands of an executor or administrator, and subject to distribution, jº €
20 CHAPTER I.-ADMINISTRATION.
Md. act1798, ch. * well as every debt due to, or just claim of, the deceased; and if a
to "...”.”'. common warrant for land be executed or located as aforesaid, it shall
sec. 3. be considered the property of the heirs. i
2 Kilty, 850. 1 Dorsey, 408. Thomp. Dig., 42. 1 Cranch Ct. Rep., 496, Dixon vs.
Ramsay ; 3 Cranch Ct. Rep., 182, Lynn vs. Yeaton ; ibid., p.324, Law vs. Law.
Proceeds, of SEC. 84. That if the person so deceased will by his testament,
º sold º or last will, any lands, tenements, or hereditaments, to be sold, that
ſººn “the money thereof coming, nor the profits of the said lands, for any
-- to be taken, shall not be accounted as any of the goods or chattels
21 Henry VIII, of the said person so deceased.
“ch. 5, Sec. 5, A.
D. 1529. Alex. Brit. Stat., 283. Kilty's Rep., 230. 1 Cranch Ct. Rep., 496, Dixon
.vs. Ramsay ; 3 Cranch Ct. Rep., 324, Law vs. Law. -
Sale of lands by SEC. 85. Where divers sundry persons before this time, having
.. #. executo's other persons seised to their uses of and in lands and other heredita-
lawful. ments to and for the declaration of their wills, have by their last
21;Henry VIII, wills and testaments willed and declared such their said lands, tene-
Ҽ see, 1, A. P. ments, or other hereditaments to be sold by their executors, as well
*. Brit stat, to and for the payments of their debts, performance of their legacies
279.380. " necessary and convenient finding of their wives, virtuous bringing
Riity's Rep., up and advancement of their children to marriage, as also for other
S.230. - charitable deeds to be done and executed by their executors for the
... 4 Har. & McH. health of their souls. (2) And notwithstanding such trust and con-
º 485, º fidence so by them put in their said executors, it has oft times been
º jº ... seen where such last wills and testaments of such lands, tenements,
&uyer º’ Mayland other hereditaments have been declared, and in the same divers
xnard; 10 Gill & J. executors named and made, that after the decease of such testators
Rºp. 37, State º some of the same executors, willing to accomplish the trust and con-
º "...ºfidence that they were put in by the said testätor, have accepted and
ep., 299, Cornish 4- º 2
. .”wigº..."; taken upon them the charge of the said testament, and have been
Md. Rep., 273, ready to fulfil and perform all things contained in the same ; and
Smithers vs. the residue of the same executors, uncharitably, contrary to the
..Booper. trust that they were put in, have refused to intermeddle in anywise
with the execution of the said will and testament, or with the sale of
such lands so willed to be sold by the testator. (3) And forasmuch
as a bargain and sale of such lands, tenements, or other heredita-
ments so willed by any person to be sold by his executors after his
decease, after the opinion of divers persons, can in mowise be good
or effectual in the law, unless the same bargain and sale be made by
the whole number of the executors named to and for the same; (4)
by reason whereof, as well the debts of such testators have rested
unpaid and unsatisfied, to the great danger and peril of the souls of
such testators, and to the great hindrance and many times to the
utter undoing of their creditors; (5) As also the legacies and bequest
made by the testator to his wife, children, and for other charitable
deeds to be done for the wealth of the soul of the same testator that
made the same testament, have been also umperformed, as well to
the extream misery of the wife and children of the said testator, as
also to the let of performance of other charitable deeds for the wealth
of the Soul of the said testator, to the displeasure of Almighty God.
(6) For remedy whereof, be it enacted, ordaimed, and established by
the authority of this present Parliament, That where part of the
executors named in any such testament of any such person so making
Or declaring any such will of any lands, tenements, or other heredit-
aments to be sold by his executors, after the death of any such
testator, do refuse to take upon him or them the administration and
charge of the same testament and last will wherein they be so named
to be executors, and the residue of the same executors do accept and
take upon them the cure and charge of the same testament and last
will; that then all bargains and sales of such lands, tenements, or
other hereditaments, so willed to be sold by the executors of any
CHAPTER I.-ADMINISTRATION. 21
such testator, as well heretofore made, as hereafter to be made by
him or them, only of the said executors that so doth accept, or that
heretofore hath accepted and taken upon him or them any such cure
or charge of administration of any such will or testament, shall be
as good and as effectual in the law, as if all the residue of the same
executors named in the said testament, so refusing the administra-
tion of the same testament, had joined with him or them in the
making of the bargain and Sale of such lands, tenements, or other
hereditaments so willed to be sold by the executors of any such tes-
tators, which heretofore hath made or declared, or that hereafter
shall make or declare any such will, of any such lands, tenements,
or other hereditaments after his decease, to be sold by his executors.
SEC, 86. Provided alway, That this act shall not extend to give Sale of lands.
power or authority to any executor or executors at any time hereafter Proviso.
to bargain or put to Sale any lands, tenements, or hereditaments, by Tbid., sec. 2.
virtue and authority of any will or testament heretofore made, other- • 3
Wise than they might do by the course of the common law afore the
making of this act. -
ACCOUNTs.
SEC. 87. Every executor or administrator shall, within fifteen cal- Accounts tº be
endar months after the date of his or her letters, return to the court.
which granted them a full account of his or her administration; ...”
provided nevertheless, that if the said party shall within four cal- -
endar months, after the said date, make oath (or affirmation, at the , Md., act 1798,
case may require,) that he or she hath reason to apprehend, and doth ºh, 191, sub ºn 8.
apprehend, that the personal estate and assets which are or shall be “. ki, p. 841
in his or her hands, will be insufficient to discharge the just debts i Doºey 333.
of and claims against, the deceased, the court may, at discretion, 390. º •
allow a further time, not exceeding eighteen calendar months in the Thºmp;Digºś.
* ~ * ~ * w 64 Md. Rep., 399,
whole, from the said date, for returning the said account. Levering vs. LeV--
ering; 57 Md. Rep., 89, Biddison vs. Mosely; 47 Md. Rep., 555, Baxley's estate; 41
Md. Rep., 359, Jones vs. Jones; 15 Md. Rep., 127, Dennis vs. Dennis; 14 Md. Rep.,
388, Scott vs. Fox; 5 Peters' Rep., 230, Yeaton vs. Lynn.
SEC. 88. The orphans court granting the letters shall have power . Increase or .de-
to make allowance to any collector, executor or administrator, for . . .”
- g * ... I º allowed for in a C-:
property of the deceased which hath perished, or been lost, without .
the fault of the party ; and no profit shall be made, and no loss shall
be sustained by an executor or administrator, in the increase Or Ibid., sec. 2.
decrease of the estate under his management ; but the executor or 2 Kilty, 841,
administrator shall return an inventory and account for such in- łº,
crease, and may be allowed for such decrease, on the settlement of Rep iš. parte
the final or other account. jones: A Gifs: j.
Rep., 453. Gwynn vs. Dorsey; 4 John ch. 419 ; 1 Har. & Gill, 88 Hurtt vs. Fisher.
SEC. 89. In case any executor or administrator shall not have Assets in; ºff-
money sufficient to discharge the just debts of, and claims against, . :V .
the deceased, the Orphans court granting the letters shall, on his and regiate sale.
application, made after the return of an inventory, direct a sale of of personalty.
the whole property therein, contained, or of such part, or to such T.I., a
amount, as the court may think proper, and the court shall direct 3 ºity, sai.
the manner and terms of sale, provided that 11o credit exceeding 1Dorsey, 390.
twelve months be given, in any case, and that where credit is given, Thomp, Dig.:45.
bond with security shall be taken ; the court shall have power, in L. Md. º 357.
case it shall suspect any fraud, collusion, connivance or improper” ”
management, to effect the said sale, or that it was unreasonably made,
Or that the property was sold much under its value, to compel the
Said executor or administrator, to account for all deficiencies as may
have arisen by such executor’s or administrator’s misconduct, the
court always observing the inventory as their rule for ascertaining
Such deficiency.
- 22 CHAPTER 1–ADMINISTRATION.
Court may order SEC. 90. The said court shall have power to direct a sale as afore-
sale.e.ºgº or said, in case it shall deem a sale advantageous for the persons inter-
**PP* ested in the administration, either ex officio, or on application Cf any
Ibid., sec. 4. Of the said persons. -
2 Kilty, 841, 1 Dorsey, 390, - \
Suits by and SEC. 91. Executors and administrators shall have full power and
*: *...* authority to commence and prosecute any personal action whatever
administra- e & i e gº : 2
torS, COStS. , at law, or in equity, (as the case may require,) which the testator or
e intestate might have commenced and prosecuted, except actions of
#ºs h slander, and for injuries or torts done to the person; and they shall
1 iº 390, also be liable to be sued in any court of law or equity, (as the case
1. ' ' ' may require,) in any action (except as aforesaid,) whigh might have
been maintained against the deceased ; and they shall be entitled to,
Or be answerable for costs, in the same manner as the deceased would
have been, and they shall be allowed for the same in their accounts,
provided the court awarding costs against them shall certify, that
there were probable grounds for instituting, prosecuting or defend-
ing, the action on which a judgment or decree shall have been given
against them. *** -
Death of either SEC. 92. No personal action shall abate by the death of either
i.e *...* party, but executors and administrators shall notice and conform to
action. p the directions of the act of seventeen hundred and eighty-five, chap-
ter eighty, respecting their prosecution or defense of such action.
Md. act 1798, [See 1785 ch. 80, sec. 1, 1 Dorsey 229.]
ch, 101, sub ch. 14, sec. 4, 2 Kilty, 850, 1 Dorsey, 408.
Plene adminis- SEC. 93. As in pleading it is extremely difficult for executors and
tºº. d administrators, as well as the Opposite parties, to guard against
sº., ...is.” error or mistake, which may operate unjūstly against them, in no
* º- action, brought against an executor or administrator, shall it be
• * º1. ºf à º necessary for him to plead plene administravit, or anything relative
.*** * * to the assets, or for the plaintiff or plaintiffs to reply to such plea :
3 Kilty,841,842. Provided nevertheless, That any executor or administrator, sued in
2 Cranch. Ct. chancery, may be compelled, as usual, to say in his answer, whether
Rep; 39; Hellen or not he hath assets to answer all just claims against the deceased:
vs. Beatty. Amd provided also, That if the said executor or administrator shall
answer that he hath not assets as aforesaid, the proceedings shall be
as they are at present; that is to say, an account may be taken of the
assets under the direction of the court.
Judgments sat SEC. 94. And if the verdict of the jury on the issue joined be
i. in pºpot. against the executor or administrator, or if he shall be willing to
*** confess judgment, and the debt or damages which the deceased (if he
Ibid, sec. 8. or she were alive) Ought to pay, be ascertained by verdict, or con-
* Kilty, 84% fession or otherwise, the court, before whom the action was brought,
shall thereupon assess the sum which the executor or administrator
Ought to pay, regard being had to the amount of assets in his hands,
and the debts due to other persons; and if it shall appear to the said
court that there are assets to discharge all just claims against the
deceased, the judgment shall be for the whole debt or damages found
by the jury, or confessed, or otherwise ascertained, and costs; and
if it shall appear to the court that there are not assets to discharge
all such just claims, the judgment shall be for such sum only as bears
a just proportion to the amount of the debt, or damages and costs,
regard being had to the amount of all the just claims, and of the
assets; that is to say, as the amount of all the Sald claims shall be to
the assets, so shall the amount of the said debt, or damages and
costs, be to the sum required, for which judgment is to be given.
CHAPTER 1.—ADMINISTRATION.
23
SEC. 95. And in no case shall the court proceed to assess as afore-
When
judg-
said, and to pass such judgment against an executor or administra-...”...
tor, until the time limited by law, or by the orphans court, for the
covered
executor
against
Ol'
ad-
executor or administrator to pass his account shall have expired, ministrator and
Provided, That the said executor or administrator shall make oath, fieri facias issue.
Ibid., sec. 9.
2 Kilty, 842.
(or affirmation, as the case may require,) that he hath not assets to
discharge all such just claims; and the account settled by the Orphans
court, in which the debt or damages sued for ought to be stated,
shall be evidence to show the amount of assets and claims; and the
court before whom the suit is brought against the executor or admin-
istrator for the recovery of a debt or damages, shall have power,
when the real debt or damages are ascertained, to refer the matter
to an auditor, to ascertain the sum for which judgment shall be
given; and in case the judgment shall be for a sum inferior to the
real debt or damage and costs, it shall go on and say “that the
plaintiff be entitled to such further sum as the court shall hereafter
assess on discovery of further assets in the hands of the defendant;”
and the court, at any time afterwards, when applied to by the plain-
tiff, on three days notice to the defendant or his attorney, may assess
and give judgment for such further proportionable sum as the plaintiff
shall appear entitled to, regard being had as aforesaid to the amount
of the debt, and other claims; and on any judgment passed as afore-
said, a fieri facias may issue against the defendant, and either his
Own goods, or the goods of the deceased, may be thereon taken and
sold ; and it shall be the duty of the executor or administrator to
discharge the said judgment, or put it on a footing with other just
claims, and on failure his administration bond may be put in Suit
by the plaintiff. $
SEC. 96. It shall be the duty of all executors and administrators Distribution
to pay all just claims against the deceased, exhibited to them, or a
just proportionable part thereof, according to the assets; and if any
claim be known to the executor or administrator, (although the same
among Creditors;
retention of assets
for debts, interest.
be not exhibited,) he shall retain the same, or a just proportionable #;"
part, for the benefit of the creditors, provided he can satisfy the court,
& tº º & § 1 Dorsey, 391,
that such claim is just, or may probably be recovered; and when it 392. y
is certain that there is a claim of a person out of the state, but the Thomp. Dig.,48.
49 Md. Rep., 14,
amount thereof cannot be ascertained, the court may allow such sum
as it shall think proper to be retained, to be accounted for neverthe-
less, if within three years after the death of the deceased no demand
shall be made by the creditor, or his legal representative, and suit
thereon brought on the rejection thereof by the executor or admin-
istrator, and from the time of making payment to, Or a dividend
amongst the creditors, as hereafter directed, all interest on such claim,
or proportionable part, shall cease: Provided, That the executor or
administrator shall pay, or tender the same, together with such
further part as shall be due on further money coming into hand,
to the creditor on demand; and in case the executor or administrator,
On demand of a greater sum made by such creditor, shall tender the
principal and interest which were due at the time of such dividend,
Or the just proportionable part, together with such further propor-
tion as aforesaid of assets, and the claimant shall notwithstanding
bring suit, the said executor or administrator, at any time before
judgment, may bring into court the money so tendered, or money
to an equal amount, and if he shall satisfy the court, that the said
Sum was really the amount of the principal and interest due at the
time of Such dividend, or of the proportionable part to which the
claimant was entitled at the dividend, together with such further
proportion, (if any there arose,) the court shall thereupon give
judgment, that the sum so brought in, deducting the costs sustained
by the defendant, be paid to the plaintiff, and the said judgment shall
be pleadable in bar to any action afterwards brought to recover the
PO le vs.
IIl ODS.
Sim -
24 - CHAPTER I.-ADMINISTRATION.
said debt; or, in case the executor or administrator shall not tender
as aforesaid before the suit brought, the creditor'shall recover no
more than the proportionable part due at the time of the dividend,
and such further proportion as he was entitled to on the coming in
of further assets, with interest on each to the time of judgment.
When assets SEC. 97. And if any action be commenced or prosecuted against
*...* an executor or administrator, for the recovery of larger debt or
j “... damages than the said executor or administrator shall think due, so
suits pending. that the same cannot be ascertained before verdict, the executor or
Ibid., sec. 11 administrator shall be allowed to retain such sum to meet the said
2 Riity, $43. debt or damages as the orphans court shall allow, and if more than
1 Dorsey,392. enough be allowed, the party shall afterwards account for it, but
Thomp. Dig.,49. nothing shall be retained on account of such further debt or damages,
where the court shall be satisfied that there will be money sufficient
coming in after such dividend to meet the said damages, or a just
proportion thereof, regard being had to other claims.
When arbitra- SEC. 98. The orphans court shall have power, with the consent of
tors º *...*P both parties, to be entered on their proceedings, to arbitrate between
P* * * a claimant and an executor or administrator, or the dispute may, by
Ibid.,sec. 12, the parties, be referred to any person or persons approved by the
2 Kilty, 843. Orphans court.
1 Dorsey, 392. 55 Ma. Rep., 93, Strite vs. Reiff; 47 Md. Rep., 390, Woods vs.
Matchett. -
When advertise- SEC. 99. No executor or administrator, who shall, after the lapse
ºn: i. tº: of one year from the date of his letters, have paid away assets to the
jali ..."... discharge of just claims, shall be answerable for any claim, of which
º he had no notice or knowledge : Provided, That at least six months
#. º before he shall make distribution, he shall have caused to be inserted
ꖼ, ... in such and so many newspapers, as the orphans court may direct,
thºpſ. 19, an advertisement, as follows, or fully to the following effect, viz. “This
71 Md. Rép., is to give notice, that the subscriber (or subscribers) of , hath
608, Van Bibber (or have) obtained from the Supreme Court of the District of Colum-
tº: e ...; bia [Orphans court of county in Maryland] letters testamen-
wº; ji tary (or of administration) on the personal estate of
Md. Rep., 411, late of -
2
, deceased; all persons having claims against the said
Levering vs. Lev- deceased are hereby warned to exhibit the same, with the vouchers
º thereof, to the subscriber, at or before the day of next,
fibbºt. Rep. they may otherwise by law be excluded from all benefit of the said
27, Rawlings ... estate. Given under my hand, this day of .”
Adams; 1 Gill Rep., 66, Mitchell vs. Mitchell. -
Fºy ment, to SEC. 100. It shall be the duty of an executor or administrator,
sº Nº. within thirteen calendar months after the date of his letters, or
jº four jwithin such further time, not exceeding four months longer, as shall
thereafter. When be allowed by the Orphans court on his making Oath (or affirmation)
bond may be put as aforesaid respecting the insufficiency of the personal estate to
, in Suit. discharge all just claims known to him, or pay each claimant his
Ibid., sec. 14, just proportion of the money then in his hands, (retaining as before
2 Kilty, 843, directed;) it shall likewise be his duty, once in every term of six
sº Dorsey, 899, months, after the first distribution, to make distribution of the
Thomp. Dig. 50 money which hath since come into his hands, until he shall have
p. Llg., OU. * @ tº e tº tº g
4. Crich.”& fully administered, and on failure his administration bond may be
Rep., 509, Union put in Suit. - * ~
Bank vs. Smith ; 1 Gill & J. Rep., 453 ; 1 Cranch Ct. Rep., 568, Gilpin vs. Oxley;
2 Cranch Ct. Rep., 57, Gilpin vs. Crandell; ibid., p. 241, Bank of Wash'n. vs. Peltz;
3. Cranch Ct. Rep., 61, U. S. vs. Ritter; 10 Md. Rep., 567, Iglehart vs. Kirwan; 8 Md.
Rep., 387; Edwards vs. Bruce. -
Claims, filed SEC. 101. In case all the assets shall have been paid away, or
º, º delivered, or distributed in the manner hereafter directed, and a
must await fur- - - tº ºn º * &
ther assets. claim shall afterwards be exhibited, of which the executor or admin-
istrator hath not knowledge or notice, he shall not be answerable
1
CHAPTER I.-ADMINISTRATION. 25.
for the same ; and if he be sued for any claim, and shall make it Ibid., Seç,15.
appear to the court in which suit is brought, that he hath so paid . .”;s
away, delivered or distributed, and the plaintiff cannot prove that tºbi. 51
the defendant had knowledge or notice as aforesaid before such pay- 3 Cramch’ot.
ment, delivery or distribution, the court shall not proceed to give Rep., 39, Hellen
judgment, (although the amount of the claim against the deceased £3, Peº; º; Mø.
may be ascertained as herein before directed,) until the plaintiff shall. *
be able to shew further assets coming into the defendant’s hands, but §. £ep. 36.
if the plaintiff shall prove notice, or knowledge of the said claim, Colburn vs. Har:
against the defendant, judgment may immediately be given for such is; 44. M3. Rep.,
sum as the plaintiff ought to have received at the dividend, and fieri º's ºlicioner
facias may issue and have effect, and further judgment may be given,” ”
as herein before directed on coming in of further assets.
SEC. 102. In all cases where an executor or adminstrator is to make Advertisement.
a payment of distribution amongst creditors, he may give notice, ::::::::::::::::"
three weeks successively, in some convenient newspaper, of the time” “ itOrS.
and place for making it, and in case any creditor shall not attend in Ibid., Sec. 16.
person, or by agent or attorney, to receive the amount of propor- *ś *.
tionable part of the claim, all interest on Such claim or proportion- #.B: 51
able part shall cease from that time: Provided, That the executor or D. LJ19. 301.
administrator shall, at any time thereafter on demand, pay the said
claim, or proportionable part, to the party, his agent Or attorney
duly authorized; and whenever the executor or administrator shall
proceed to make an additional payment or dividend, he may adver-
tise as aforesaid, and interest shall stop as aforesaid ; and if at any
additional dividend a just claim established as hereafter directed
shall be exhibited, the creditor shall be entitled to such sum as will
place him on an equal footing with those who have already received
a dividend.
SEC. 103. In paying the debts of the deceased, an executor or ... Order of prior-
administrator shall observe the following rules: Judgments and #, 1 Il d;
decrees against the deceased shall be wholly discharged before any . º: º:
#. of other claims; after such judgments and degrees shall be satis-discover.
ed, all other just claims shall be admitted to a distribution, on an Ibid 17
equal footing, without priority or preference; if there be not sufficient #itº,
to discharge all such judgments and decrees, a proportionable division is Mā’īrep. 504,
or dividend shall be made between the judment and decree creditors, Duvall vs. Fear-
but no executor or administrator shall be bound to discover what Son; 10 Md., Rep.,
judgment or decrees have been passed against the deceased, unless sº di
in the [high] court of chancery, [or the general court of the shore, fº. #, Lon.
or the court of the county, where the deceased last resided.* well vs. Redinger.
SEC. 104. If a claim be exhibited against an executor or adminis-, Suit: , must be
trator, which he shall think it his duty to dispute or reject, he may º, on, :
retain in his hands assets proportioned to the amount of the claim, ...;
which assets shall be liable to other claims, or be delivered up or dis-months, or barred.
tributed as hereafter mentioned, in case the claim be not established; -.
and if on any claims exhibited and disputed as aforesaid, the creditor # º
or claimant shall not, within mine months after such dispute or rejec- 1 ; 394.
tion, commence a suit for recovery, the said creditor or claimant Thompſºig. 52.
shall be for ever barred; and the executor or administrator may , 58 Md. Rep., 87,
plead this act in bar, together with the general issue, or other plea º º;
proper to bring the merits of the cause to trial; and, on any dividend º "Rep. Y; M.
to be made nine months after such dispute or rejection, and failure Rep., 358, Oren.
to bring suit, the executor or administrator may proceed to pay, or dorff vs. Utz; 44
distribute, as if he had not knowledge or notice of such claim, or as Ād, Rep; 3%
if it did not exist, but if the claim be put in suit within the nine; ; ;..."
e g g * Seth; 21 Md. Rep.,.
months, it may be ascertained by verdict or otherwise, and the court ſº. Monteith º:
* Debts due the United States must first be paid; sec. 3466 R. S. U. S.
28 - CHAPTER I. — ADMINISTRATION.
Proof of open SEC. 116. The vouchers or proofs of any claim on open account
account. shall be a certificate of an oath or affirmation taken by the creditor
Ibid., sec. 8, as aforesaid, since the death, endorsed on, or annexed to, the account,
1 Dorsey, 396. “that the account as stated is just and true, and that he (or she)
#; sº hath not received any part of the money stated to be due, or any
*** security or satisfaction for the same, except what (if any) is cred-
ited ; ” and moreover the account shall appear to have been proved
as is required by an act passed at November session, one thousand
seven hundred and eighty-five, chapter forty-six.
Limitation, plea SEC. 117. Provided mevertheless, That it shall not be considered as
of...,disºetionary the duty of an executor or administrator to avail himself of the act
** of limitation to bar what he supposes to be a just claim, but the
#t º: same shall be left to his honesty and discretion. *
l sº - -
1 sº 396. Thomp. Dig, , 56. 53 Md. Rep., 559, Gordon vs. Small ; 18 Md.
Rep., 163, Feltz vs. Young; 16 Md. Rep., 120, Yingling, vs. Hesson; 127 U. S. Rep.,
319, Colton vs. Colton. - - -
Proof of claim SEC. 118. If the claim arises on a bond, note or bill of exchange,
by ºctºr for non- or account for dealing with a factor and the principal be not within
resident. the District [state, the factor who took the said bond, or note or bill,
Ibid., sec. 10, or who sold or delivered the articles in the account, may take oath,
3 Kilty, 84%, or affirmation, to be certified as aforesaid, and endorsed on a state-
#.º. ment of the money thereon due, ‘that the said statement is full, just
*” and true, and that he (the deponent) took the said bond, (or noté, or
bill, or delivered the articles charged in the account,) as factor to
, living in (or lately of) —; that neither he (the
deponent) nor the principal, nor any other person for him, or the
principal to his knowledge or belief, hath received any part of the
money originally due on Such bond, note, bill or account, or any
security or satisfaction for the same, except what (if any) is credited;’
and the said oath, or affirmation, with the other respective vouchers
and proofs aforesaid, shall authorize the executor or administrator
in making payment or distribution. .* .
Proof if factor SEC. 119. If the factor aforesaid be dead, or out of the District
5. *:::: * of [state, and the principal be also out of the District [state, and it
162 CIISUTICU. shall appear, (in case of account) that the same have been regularly
Ibid., Sec.,11. proved according to the act of 1785 aforesaid, an oath, (or affirma-
#. 5 *#. tion,) of any other factor, made after the death of the testator or
ii.º. sm, intestate, and certified and endorsed on the statement as aforesaid,
º’’’ ‘that the said bond, note, bill or account, came into his hands as fac-
tor for the creditor, residing in , after the death (or removal)
of − —, the factor who took the said bond, (or note, or bill, or
delivered the articles in the account ;) that he hath reason to believe,
and does believe, that the said statement is full, just and true, and
that no part of the money originally due on such bond, (note, bill or
account,) or any security or satisfaction for the same, hath been
received, except what (if any) is credited ;’ and the said oath, or affir-
mation, with the other respective vouchers or proofs as aforesaid,
shall be sufficient to authorize the executors as aforesaid.
Proof of claims SEC. 120. When any affidavit or depositions to prove claims shall
#. ºut of the have been taken out of the District [state, the same shall be good, if
C11SUTICU. taken and certified as aforesaid by the notary of the place, or by
Ibid., Sec. 12. Some person there authorized to administer an oath, and certified to
º *; be such under the seal of the governor, mayor or chief magistrate,
ii.º. #7 or clerk of any court of record, or notary public of such place, and
' ' ' the said oath, affirmation or deposition, shall be as available as if
taken before a justice within the District [state.]
Chapter 1–ADMINISTRATION. 29
SEC. 121. Provided nevertheless, That no executor or administra- Proved claims
tor shall be obliged to discharge any claim, of which vouchers and #. be rejected ;
proofs shall be exhibited as aforesaid, but may reject, and at law :*: º:
dispute the same, in case he shall have reason to believe that the tºen. ay
deceased never owed the debt, or had discharged the same, or a part Ibid
thereof, or had a claim in bar; but every executor or administrator . #º
shall be obliged to discharge the same, or pay a just proportionable Thºji. 58.
part thereof, if passed by the orphans court granting his letters, 7 Mackey Rep.
unless he shall appeal from the decision of the court in the manner 537, Hunt vs.Russ;
* 54 Md. Rep., 679,
hereafter directed. Shaeffer vs. Shaef-
fer; 53 Md. Rep., 367, Coburn vs. Harris; 30 Md. Rep., 553, Bowie vs. Ghiselin.
SEC. 122. If the creditor be an executor or administrator, the claim How account of
shall not be received, although vouched or approved as aforesaid, †. or ad-
unless he make oath or affirmation, to be certified as aforesaid, ‘that tº may
it does not appear from any book or writing of his testator, (or intes- −
tate,) that any part of the said claim hath been discharged, except #. º,*
what (if any) is credited, and that, to the best of the deponent's #. 398
G tº * tº y, 398.
knowledge and belief, no part of the said claim hath been discharged, Thompſºig. 58.
and no security or satisfaction hath been given for the same, except 2 Cranch, Ct.
what (if any) is credited. Rep., 582, Nichols
vs. Hodge; 58 Md.
Rep., 442, Watson vs. Watson.
SEC. 123. No executor or administrator shall be allowed in his l NO cºſt al-
account for any claim by him discharged, unless he produce the º ºniº
lai 1 by the orphans court, or proofs or vouchérs as afore- ...","...:
claim, passed by p 2 | proved or passed
Said. by court.
* Ibid., sec. 15. 2 Kilty, 846. 1 Dorsey, 398. Thomp. Dig., 58. 63 Md. Rep., 465,
Bonaparte vs. State; 53 Md. Rep., 367, Coburn vs. Harris; 30 Md. Rep., 533, Bowie
vs. Ghiselin; 3 Gill & J. Rep., 25, Owens vs. Collinson.
ACCOUNTS AND DEBTS DUE DECEDENT'S ESTATE.
SEC. 124. In the account of an executor or administrator shall be Accounts of
stated, on one side, the assets which have come to his hands, accord- : º ad-
ing to the inventory or inventories returned to the court, or received ...”.”
and appraised as herein before directed after the inventory Or inven- g
tories returned, and the sales which have been made under the court's a Mº 1 aCt. º
direction; that it is to say, the inventory or inventories are to shew ... s." "" “
the articles of the estate, and the sales the amount of their value, ºrity, 846.
where they have been sold, and for articles so sold he shall be charged 1 Dorsey,398.
the price, according to the return; and if any article hath been sold hºg.º.
for credit, and not yet paid for, it shall be accounted for in a subse- R. *ś
quent account. - º "H o㺠e; 4
Cranch, Ct. Rep., 185, ea; parte Jones; 5 Cranch, Ct. Rep., 474, Lupton vs. Janney.
SEC. 125. On the other side shall be stated the disbursements by, Order of dis-
Thim made, viz.: 1. Funeral expenses, to be allowed, at the discre- ..".
tion of the court, according to the condition and circumstances of ...”
the deceased, not exceeding three hundred dollars." 2. The debts of º
the deceased, proved or passed as aforesaid, and paid or retained. Ibid., sec. 2.
3. The allowance for things lost, or which have perished without the 2 Kilty, 846,
party’s fault, which allowance shall be according to the appraise- Porsey; 398.
ment. 4. His commission,” which shall be, at the discretion of the º *
court, not under five per cent, nor exceeding ten per cent. On the Rep. 535. Butler's
amount of the inventory or inventories, excluding what is lost or estate. 22 Wash.
hath perished.” 5. His allowance for costs, and for extraordinary Law Rep. 93, Nash
expenses, (not personal,) which the court may think proper to allow, *ś. J. Rep
laid out in the recovery or security of any part of the estate. 171, Evans #.
Iglehart; ibid., p. 316, Ilee vs. Lee; 4 Har. & J. Rep. , 275, Richardson vs. Stansbury;
1 Peters, Rep., 562, Nichols vs. Hodges; 8 Howard Rep., 402, West vs. Smith. - -
°5 Cranch Ct. Rep., 474, Lupton vs. Janney.
68 Md. Rep., 163, Dalrymple vs. Gamble; 60 Md. Rep., 229, Handy vs. Collins; 72
Md. Rep., 138, Hardt vs. Birely. -
26 's CHAPTER I.—ADMINISTRATION.
Balto. Assn., ; 9 shall proceed as herein before directed, regard being had to the rules
- Mººr. herein before laid down as to the notice to be given by the executor or
º 6.5 administrator, and distribution or payment to be made after such
C. §7, Patten vs. notice. - -
Glover.
Claims of execu- SEC. 105. In no case shall an executor or administrator be allowed
tor or administra-42, J., ; a lo & t e o'ai - t
... ."...to retain for his own claim against the deceased, unless the same be
i. i.e." passed by the orphans court, and every such claim shall stand on
equal footing with other claims of the same nature.
Ibid., Sec. 19. 2 Kilty, 844. 1 Dorsey, 394. Thomp. Dig., 53. 20 Md. Rep., 282,
Billingsley vs. Henry; 14 Md. Rep., 8, Hesson vs. Hesson; 10 Md. Rep., 342, Semmes
vs. Young; 1 Gill, Rep., 1, State vs. Reigart; 10 Gill & J. Rep., 276, Stockett vs.
Jones; 6 Gill & J. Rep., 4, Collison vs. Owings; 3 Gill & J. Rep., 39, 7 Har. & J.
Rep., 134, Gist vs. Cockey; 6 Har. & J. Rep., 67, Scott vs. Burch; 6 Har. & J. Rep.,
65, Carman vs. Turner; 3 Har. & J. Rep., 251, Spedden vs. State; 3 Har. & J. Rep., 99,
Turner vs. Bouchell; 1 Har. & J. Rep., 227, Scott vs. Dorsey; 53 Md. Rep., 352,
Coburn vs. Harris; 1 Appeal Cases D. C., 467, Patten vs. Glover.
Executor in SEC. 106. The bare naming of an executor in a will shall not oper-
*. tºº. ate to extinguish any just claim which the deceased had against him,
for same. but it shall be the duty of every such executor, accepting the trust, to
tº give in such claim in the list of debts, and on his failure to give in
*iº. such claim, or any part thereof, any person interested in the admin-
1 iº; 394, istration may allege the same, by petition to the Orphans court grant-
395. 2 'ing the administration, and the said court, with consent of the par-
Thomp. Dig.,53. ties, may decide on the same, or it may be referred by the parties,
3 Cºngº, Cº. with the court's approbation, or, at the instance of either party the
#. º i. court may direct an issue or issues to be tried, and the same shall be
§§§ {ia.iº. tried in any court of law proper for the trial, and most convenient
Collins; 57 Md. under all circumstances; and the court of law shall have power to
Rep. , 240, Lam- direct the jury, and grant a new trial; as if the issue or issues were
º †. sº in a suit therein instituted, and a certificate from such court or any
Kirby vs. "Sº judge thereof, of the verdict or finding of the jury, under seal
1 Má. Rep., 189, thereof, shall be admitted by the Orphans court to establish or destroy
Beale vs. Hilliary, the claim, or any part thereof; and if the executor shall give in
such claim, or the same, or any part, be established as aforesaid, he
shall account for the sum due in the same manner as if it were so
much money in his hands, and on failure his bond may be put in suit.
Administrator's SEC. 107. In like manner it shall be the duty of every administra-
.. a.S * i. for to give in a claim against himself, and on giving it, or failure to
.**** give it in, there shall be the same proceedings in every respect as are
:as executor’s. º 5 t * 8–5
herein prescribed with regard to an executor.
...Ibid., Sec. 21.2 Kilty, 844. 1 Dorsey 395. Thomp. Dig., 54. 64 Md. Rep., 157,
Whiting vs. Whiting; 51 Md. Rep., 392, Kirby vs. State.
No claims paya, SEC. 108. No executor or administrator shall discharge any claim
*...* Passed against the deceased, (otherwise than at his own risk.) unless the
or proved. 3 * © tº e
Same be first passed by the Orphans court granting the administration,
Ibid., sec. 22. Or unless the said claim be proved according to the following rules.
2 Kilty,844.1 Dorsey,395. Thomp. Dig., 54. 63 Md. Rep., 465, Bonapartevs. State;
53 Md. Rep., 367, Coburn vs. Harris; 18 Md. Rep., 72 Kent vs. Waters; 17 Md.
Rep., 93, Cecil vs. Negro Rose; 16 Md. Rep., 112, Yingling vs. Hesson; 16 Md. Rep.,
1, Cover vs. Stockdale; 11 Md. Rep., 419, Edelen vs. Edelen ; 6 Md. Rep., 210, Mitch-
•ell vs. Williamson; 4 Md. Rep., 522, Dent vs. Maddox; 1 Gill Rep., 358, Bowling vs.
Lamar ; 9 Gill & J. Rep., 324, State vs. Reigart; 3 Gill & J. Rep., 25 Owens vs.
Collison.
R.U.I.ES FOR AUTHIENTICATING OR PROVING CLAIMS AGAINST DECE-
DENT'S ESTATE.
Proof of claim SEC. 109. The voucher or proof of a judgment or decree shall be
ºsment * a short copy thereof, under seal, attested by the clerk or register of
& the court, where it was obtained, who shall certify, that there is no
CHAPTER I.-ADMINISTRATION. 27
entry or proceeding in the court, to shew that the said judgment (or , Md., act. 1798,
decree) hath been satisfied; there shall likewise be a certificate of 9. 11. sub ch. 9,
some person authorized to administer an oath endorsed on, or annexed “. Kilty, 844
to, a statement of the debt due on Such judgment or decree, that the 1 Dorsey,395.
creditor, since the death of the deceased, hath taken before him the Thomp. Dig.,54.
following oath, or affirmation, viz. “That he (or she) hath not mºſº. Rep. 49%
received any part of the sum for which the judgment or decree was † Nº º
passed, except such part (if any) as is credited;’ and if the creditor him. e
on the judgment or decree be an assignee of the person who obtained
it, the oath, or affirmation, shall go on, and Say further, ‘and that,
to the best of his (or her) knowledge or belief, no other person hath
received any parcel of the said sum, except such part (if any) as is
Credited’ and an assignee shall also produce the assignment, under
the hand of the assignor; and if there hath been more than one
assignment, each assignment shall be produced under the hand of
the party.
SEC. 110. If a special bail shall have discharged a judgment against Special bail dis-
the deceased, he shall be considered as the judgment creditor, and in charging judg:
case the plaintiff who obtained the judgment shall not have assigned º lºcºs
- º tº * tº judgment credi
the same (as he ought to do) to the bail, a receipt from him, given .
to the bail, shall be considered as equivalent to an assignment. -
Ibid., sec. 2. 2 Kilty, 844. 1 Dorsey, 395, 396. Thomp. Dig., 55. 110 U.S. Rep.,
729, U. S. vs. Ryder. -
SEC. 111. If there be more than one creditor, the whole oath or one such judg-
affirmation aforesaid, with the other vouchers, shall be sufficient. º may
Ibid., Sec. 3. 2 Kilty, 844. 1 Dorsey, 396. Thomp. Dig., 55.
SEC. 112. In case of a specialty, bond, note, or protested bill of . Proof, of a spe-
exchange, the vouchers shall be the instrument of writing itself, : º .
or a proved copy, in case it be lost, with a certificate of the oath, ... * *
or affirmation made as aforesaid, since the death, and endorsed on, - 85 °
or annexed to, the instrument or a statement of the claim, ‘that no Ibid.; Sec. 4,
art of the money intended to be secured by such instrument hath ; #. *;
een received, or any security or satisfaction given for the same, inji. 55.
except what (if any) is credited.’ - º 68Md. Rep. 413.
Watson vs. Watson.
SEC. 113. And if the creditor on such instrument be an assignee, . Successive as
there shall be the same oath, (or affirmation,) of the original credi- º must all
tor, with respect to the time of the assignment; and in case of suc-” *
cessive assignees; there shall be the same Oath, or affirmation, taken Tbid, sec. 5.
by each, with respect to the time of each respective assignment. 2 Kilty, 845.
1 Dorsey, 396. Thomp. Dig., 55.
SEC. 114. In case of a bill of exchange, the protest, and other Proof of protest
things which would be required, (if the deceased were alive,) shall*Y.
be ...; jºy an executor or administrator in making pay- Ibid., see, 6.
ment or distribution. **s 2 Kilty, 845.
1 Dorsey, 396. Thomp. Dig., 56.
SEC. 115. If the claim be for rent, there shall be produced the . Proof of claim
lease itself, or the deposition of some credible witness or witnesses, * *
Or an acknowledgment in writing of the deceased, establishing the Ibid., sec. 7.
contract, and the time which hath elapsed during which rent was 2 Kilty, 845,
chargeable, and a statement of the sum due for such rent, with an º
oath or affirmation of the creditor thereon endorsed, “that no part "P Pº”
of the sum due for the said rent, or any security or satisfaction for
the same, hath been received, except what (if any) is credited ;” and
if the creditor be an assignee, there shall be such oath (or affirma-
tion) of the original creditor, with respect to the time of assignment.
30
CHAPTER I.-ADMINISTRATION.
Compensation
to executor lim-
ited by will unless
deemed insuffi-
cient by court.
Md. act 1798.
A C C O unts re-
turned every six
months untilfully
administered.
Md. act 1798,
ch. 101, sub ch.
10, Sec. 3.
2 Kilty, 846.
1 Dorsey, 398.
Thomp. Dig.,60.
64 Mol. Rep.,
399, Levering vs.
Levering; 57 Md.
Rep., 89, Biddison
ch.
SEC. 126. If any thing be bequeathed to an executor, by way of
compensation, no allowance of commission shall be made, unless the
said º shall appear to the court to be insufficient, and if
so, it shall be reckoned in the commission to be allowed by the court.
101, subch. 14, sec. 5. 2 Kilty, 850. 1 Dorsey, 408. Thomp. Dig.,60.
SEC. 127. If the first account, to be returned as aforesaid, shall
not shew the estate which was on hand to be fully administered,
another account shall be returned within six months thereafter, and,
within every term of six months thereafter, an account shall be
returned, until the estate.shall appear to be fully administered; and
whenever a discovery or receipt of assets shall take place, after ren-
dering an account, another account shall be rendered within six
months thereafter: Provided nevertheless, That an executor or admin-
istrator shall not be obliged to render accounts, when it appears to.
the court that the estate has been fully administered, except debts
which the court shall set down and deem as desperate, unless the
same shall afterwards be recovered. - *
vs. Moseley; 41 Md. Rep., 354, Jones vs. Jones; 34 Mál. Rep., 389, Scott vs. Leary;
15 Ma. Rep., 127, Dennis vs. Dennis; 14 Md. Rep., 388; Scott vs. Fox.
Court shall ex-
aminelist of debts,
suits there on
when to be com-
menced, penalty
for neglect.
Ibid., sec. 4.
2 Kilty, 846.
1 Dorsey, 399.
Thomp. Dig., 61.
Executor Or ad-
ministrator not
liable for all spe-
rate debts.
Ibid., sec. 5.
2 Kilty, 846.
After debts
paid, distribution;
future assets;
when liability
Cea.SeS.
Ibid., sec. 6.
2 Kilty, 846.
1 Dorsey, 399.
53 Md. Rep.,
367, Coburn vs.
Harris; 10 Md.
Rep., 560, Iglehart
ºvs. Kirwan; 6 Md.
SEC. 128. The court shall examine every list of debts returned by
an executor or administrator with the inventory, and for every debt
which the court shall not mark as desperate, or improper to be put.
in suit, the executor or administrator shall commence a suit, unless.
the debt be paid within six months thereafter, or unless the debtor.
be out of the District [state, ] or unless the courts hall think reason-
able an excuse made within one month after the lapse of the said six
months for not bringing suit, and on failure to bring suit as aforsaid,
the party shall be liable to a suit on his administration bond, and to
such damages as shall be found by the jury.
SEC. 129. It is not the intent of this act that an executor or admin-
istrator be answerable, at all events, for a debt which he shall return.
sperate, but merely to enable the court, and all parties concerned, to.
form a just estimate of the circumstances of the deceased.
1 Dorsey, 399.
SEC. 130. When it shall appear by the first, or other account of an
executor administrator with the will annexed, that all the claims.
against, or debts of, the deceased, which have been known by or noti-
fied to the said executor or administrator, have been discharged, or
retained for, or settled, it shall be his duty to deliver up the estate
in his hands to those entitled: Provided, That his duty and power-
with respect to future assets shall not cease ; and after such delivery
he shall not be liable for any debt afterwards notified to him, pro-
vided he shall have advertised, as herein before directed, unless.
assets shall afterwards come into his hands, which shall be answera-
ble for such debts. -
Rep., 347, Lowe vs. Lowe: 4 Md. Chyr. Rep., 425, Commer vs. Ogle; 2 Md Chyr. Rep.,
162 Lark vs. Linstead; 4 Gill Rep., 23, Schwenniski vs Glenn; 2 Gill Rep., 134, Ride-
nour vs. Keller; 1 Gill Rep., 66, Mitchell vs. Mitchell; 7 Gill & J. Rep., 475, Coward
vs. Worrell; 6 Gill & J. Rep., 25, Boyd vs. Boyd; 5 Gill & J. Rep., 314, Claggett vs.
Salmon; 2 Har. & J. Rep., 483, Hall vs. Griffith.
When, court SEC. 131. Whereas it often happens that an executor or adminis-
š.partial trator hath in his hands assets to a great, amount, and there is no
. e reason to apprehend that they will be nearly exhausted in payment
Ibid., Sec. 7, of debts, and those entitled after payment of debts are in want of
#.*; subsistence, or greatly straitened in their circumstances, in case any
hº person so entitled shall apply, by petition, and satisfy the court that,
CHAPTER I.-ADMINISTRATION.
31
26 Md. Rep.,
312, Donaldson vs.
Raborg; ibid., 28.
he or she is really in want of subsistence, or greatly straitened in
circumstances, and that it probably will not require more than one-
half of the assets to discharge the debts, the court may direct the . Rep., 34; 6.
executor or administrator to deliver to the petitioner any part of Mā. Rép., 347.
what the court shall suppose will be the petitioner's distributive share, Lowe vs. Lowe.
or any part of a legacy or bequest in money, not exceeding one-third
part, the said petitioner giving bond, with Security approved by the
court, to the executor or administrator, for returning the same, or
an equivalent, with interest, whenever so directed by the court ; and
the court shall have power to determine, in a summary manner, on
any such petition, after a summons against Such executor or admin-
istrator duly returned either summoned or non est.
SEC. 132. And the court in like manner, on any petition by a per- Specific legacies
Son in such circumstances, to whom a specific legacy or bequest hath . Hºwie be
been made, being satisfied that the assets, exclusive of all specific *
legacies, will not nearly be exhausted by debts, may direct the exec- Ibid., sec. 8.
utor or administrator to deliver to the petitioner the said specific & Kilty, 84%
legacy or bequest, on his Or her giving bond as aforesaid. ;Pº 3 º
312, Donaldson vs. Raborg; ibid., 28 Md. Rep., 34; 6 Md. Rep., 347, Lowe vs. Lowe.
SEC. 133. If an executor or administrator shall fail to return an
account as herein before directed within the time limited by law, or
by the court, his letters, on application of any person interested,
may be revoked, and Such administration (as the case may require,)
may be granted at discretion of the court ; and the administrator,
to whom letters shall be granted, shall be entitled to put the delin-
quent’s bond in suit, and to recover such damages thereon as the
jury may find ; and in assessing such damage it shall be the duty of
the jury to allow such sum as will be equal to six per cent. per annum
On failure to re-
turn account, let-
ters may be re-
voked and bond
liable.
Ibid., sec. 9.
2 Kilty, 847.
1 Dorsey, 400.
Thomp. Dig., 62.
64 Md. Rep.,399,
on the amount of the inventory or inventories from the time of the Levering vs. Lev.
return or returns to the time of the verdict, over and beyond the ering:57 Md. Rep.,
damages, for such loss or injury as the estate may have sustained
by the delinquent’s conduct.
vs. Jones; 34 Md. Rep., 889, Scott vs. Leary; 15 Md. Rep., 127,
Md. Rep., 388, Scott vs. Fox.
, Biddison vs.
Moseley; 41 Md.
Rep., 354, Jones
Dennis vs. Dennis; 14
SEC. 134. Whenever it shall appear by the first or other account Administrator
of an administrator, that all the debts of, or claims against, the sº
estate, known by or notified to him, have been discharged or allowed
for in his account, it shall be his duty to deliver up and distribute
surplus after debts
paid ; liability for
future assets and
the surplus or residue of the estate as hereafter directed : Provided, debts.
That his power and duty, with respect to future assets, shall not
cease; and after such delivery, the administrator shall not be
answerable for any debt afterwards notified to him, provided he
shall have advertised as herein before directed, unless assets shall
afterwards come into his hands which shall be liable for such debts.
Ibid., sec. 10.
2 Kilty, 847.
1 Dorsey, 400.
Thomp. Dig.,63.
53Md. Rep., 367,
Coburn vs. Harris; 10 Md. Rep., 560, Iglehart vs. Kirwan; 6 Md. Rep., 347, Lowe vs.
Lowe ; 2 Md. Rep., 420, Lark vs. Linstead; 4 Md. Chy., 425, Conruer vs. Ogle; 2 Md.
Chy., 162, Lark vs. Linstead; 4 Gill Rep., 23, Schwenniski vs. Glenn; 2 Gill Rep., 134,
Ridenour vs. Keller; 1 Gill Rep., 425, Gardner vs. Semmes; 1 Gill Rep., 66, Mitchell
vs. Mitchell; 7 Gill & J. Rep., 475, Coward vs. Worrell; 6 Gill & J. Rep., 25, Boyd vs.
Boyd; 5 Gill & J. Rep., 314, Clagett vs. Salmon; 2 Har. & J. Rep., 483, Hall vs. Griffith.
Court may di-
rect investment of
personal estate re-
tained for future
contingencies.
Ibid., sec. 11.
SEC. 135. If by the provisions in a will it shall be necessary for an
executor, or for an administrator with a copy of the will annexed,
to retain in his hands the personal estate, or a part thereof, after all
just claims are discharged, as where money, or some other thing is
directed to be paid at a distant period, or upon a cortingency, the
court of chancery or the orphans court shall have power, on the
application of such executor or administrator, or of a party inter-
ested, to decree or give directions relative thereto; and it shall be
the duty of such executor or administrator, to apply to the court of
2 Kilty, 847.
1 Dorsey, 400.
Thomp. Dig., 63,
61 Md. Rep.,471,
32 CHAPTER I.-ADMINISTRATION.
*.
Hind m an vs. chancery Or the Orphans court, and the said courts respectively shall
§§tº Md. Rep., have full power to decree or direct what part of the personal estate
486, State vs. Rob- ll t ined or ar a; lf jl * *f; g r .
*...** ... shall be retained or appropriated for the purpose, and in what man-
išš, Hewitt". ner, it shall be disposed of, and the legacy or benefit intended by the
Hewlett; 41. Md. Will shall be secured for the person to be entitled at a future period,
Rep. 38. Gºlds or contingency, and how the necessary Fº of the personal estate,
º º to be appropriated for the purpose, shall be prevented from lying
tin ; 31 Md. Rep., ; v, r- * º ºn ~~~~l gº fºº’e S
...’ Guje.*, dead, or being unproductive, and how it shall be applied, agreeably
State; 5 Md. Rep., to the intent of the will, or the construction of law, in case the con-
219, Miller vs. Wil- tingency shall not take place. A
liams; 2 Md. Rep., t -
104, Rieman vs. Peters; 2 Md. Chy., 190, Wootton vs. Burch; 9 Gill Rep., 195, Worth-
ington vs. Owings; 6 Gill & J. Rep., 171, Evans vs, Iglehart,
DISTRIBUTION OF INTESTATE'S PERSONAL ESTATE.
Widow's share. SEC. 136. When all the debts of an intestate, exhibited and proved,
or notified and not barred, shall have been discharged, or settled
Md. act 1798, and allowed to be retained, as herein directed, the administrator
ch. 101, sub ch. shall proceed to make distribution of the surplus as follows: If the
11, Sec. 1. intestate leave a widow, and no child, parent, grand-child, brother
***.*, or sister, or the child of a brother or sister of the said intestate, the
1 Dorsey, 401. * > tº - itl hol 5
Thºji. 64, said widow shall be entitled to the whole.
44 Md. Rep., 359, Zollickoffer vs. Seth; 36 Md. Rep., 511, Hokamp vs. Hagaman; 5
Md. Rep., 467, Williams vs. Williams; 4 Md. Rep., 1, Casselly vs. Meyer; 2 Md. Rep.,
297, Newcomer vs. Orem; 4 Md. Chy.,425, Conner vs. Ogle; 3Bland R., 184, Hewitt's
case; 2 Bland R., 488, Corrie's case; 8 Gill Rep., 395, Barnes vs. Ferguson; 12 Gill &
J. Rep., 112, Hatton vs. Weems; 10 Gill & J. Rep., 187, Jones vs. Sothoron; 9 Gill &
J. Rep., 115, Thomas is. Fredrick School; 4 Gill & J. Rep., 407, Charlotte Hall vs.
º: 1 Gill & J. Rep., 270, Hagthorp vs. Hook; 2 Har. & J. Rep., 191, De Sobry
ºvs. De Laistre. -
ºf, widow and , SEC. 137. If there be a widow, and a child or children, or a
child. descendant or descendants from a child, the widow shall have one-
Ibid., sec. 2, third only.
16 Md. Rep., 179, McCubbin vs. Patterson; 3 Md. Chy., 140, Dimmock vs. Dimmock;
1 Md. Chy., 337, Hays vs. Henry; 8 Gill Rep., 181, Robinett vs. Wilson; 12 Gill & J.
474, Harris vs. Harris; 11 Gill & J. 160, State vs. Gaither; 6 Gill & J., 171, Evans vs.
Iglehart; 5 Har. & J. Rep., 59, Williams vs. Kelly; 4 Har. & McH. Rep., 101, Griffith
vs. Griffith.
If widow and SEC. 138. If there be a widow, and no child, or descendants of the
* ch º * *** intestate, but the said intestate shall leave a father, or mother, or
atner, etc. brother or sister, or child of a brother or sister, the widow shall
Ibid., sec. 3. have one-half. -
3 Md. Chy., 140, Dimmock vs. Dimmock; 1 Md. Chy., 337, Hays vs. Henry; 12 Gill
& J. Rep., 474, Harris vs. Harris; 4 Har. & J. Rep., 480, Coomes vs. Clements.
Surplus exclu: SEC. 139. The surplus, exclusive of the widow’s share, or the
...” *** whole surplus, (if there be no widow,) shall go as follows:
Ibid., Sec. 4
If children, SEC. 140. If there be children, and no other descendant, the
*i; *Y**** surplus shall be divided equally amongst them.
Ibid., sec. 5.
If child, and SEC. 141. If there be a child or children, and a child or children
º of a deceased child, the child or children of such deceased child
* * * shall take such share as his, her or their deceased parent, would
Tbid., sec. 6. (if alive) be entitled to; and every other descendant or other descend-
| Pº ants, in existence at the death of the intestate, shall stand in the
O g & * e g
iºd, place of his, her or their deceased ancestor: Provided, That if any
CHAPTER I.-ADMINISTRATION. 33
w
child, or descendant, shall have been advanced by the intestate, by sº # Rep.,
settlement or portion, the same shall be reckoned in the surplus, and "...ºp.”
e fe º : ~~~ - - - Love;45 Md. Rep.,
if it be equal, or superior to a share, such child or descendant shall 246, Pole vs. Sim-
be excluded, but the widow shall have no advantage by bringing mons; 29 Mā.
such advancement into reckoning; and maintenance, or education, Rep., 120, Mc-
or money given without a view to a portion, or settlement in life, º #. *:::;
shall not be deemed advancement; and in all, cases those in equal #...ºft.
tº e - Clarke vs. Wilson;
degree, claiming in the place of an ancestor, shall take equal shares. 30 Md. Rep. iś3,
Cecil vs. Cecil; 19 Md. Rep., 332, Parks vs. Parks; 4 Md. Chy.; 139, Dugan vs. Hol-
lins; 9 Gill Rep., 81, Hayden vs. Burch; 3 Gill & J. Rep., 442, State vs. Jamison;
2 Har. & G. Rep., 114, Stewart vs. State.
Sec. 142. If there be a father, and no child or descendant, the It father only.
father shall have the whole. Ibid., sec. 7.
f 1 Dorsey, 402. 2 Kilty, 847.
SEC. 143. If there be a brother or sister, or child or descendant of . If a brother or
a brother or sister, and no child, descendant, or father of the intes-sºe.9 °n".
tate, the said brother, sister or child, or descendant of a brother or *
sister, shall have the whole. Ibid., sec. 8.
2 1 Dorsey, 402. 2 Kilty, 848. 65 Md. Rep., 278, Shriver vs. State; 29 Md. Rep.,
120, McComas vs. Amos; 11 Gill & J. Rep., 350, Porter vs. Askew ; 1 Har. & G.
Rep., 476, Robbins vs. State; 1 Har. & Gill Rep., 474, Duvall vs. Harwood.
SEC. 144. Every brother and sister of the intestate shall be entitled , Brother and is
to an equal share, and the child or children of a brother or sister of .º.º.
º «- º ir childr
the intestate shall stand in the place of such brother or sister. hº ren per
Ibid., sec. 9. 29 Md. Rep., 120, McComas vs. Amos 1 Har. & Gill, 474, Duvall vs.
Harwood. -
SEC. 145. If the intestate leave a mother, and no child, descend- If mother Qnly,
ant, father, brother, sister or child, or descendant of a brother or º to ...
sister, the mother shall be entitled to the whole, and in case there be'. i. .
no father, a mother shall have an equal share with the brothers and stirpeg.
Sisters of the deceased, and their children and descendants.
Ibid., sec. 10.
2 Kilty, 848. 1 Dorsey, 402.
SEC. 146. After children, descendants, father, mother, brothers and After children
sisters, of the deceased, and their descendants, all collateral relations, *...* 99.
in equal degree, shall take, and no representation amongst such sº take per
laterals shall be allowed ; and there shall be no distinction between Tº...
the whole and half blood. # *ść"
1 Dorsey, 402, 64 Md. Rep., 74, Keller vs. Hooper; 29 Md. Rep., 126, Médomas vs.
Amos; 2 Har. & Gill Rep., 9, Seekamp vs. Hammer.
...”
SEC. 147. If there be no collaterals, a grand-father may take, and . If no collaterals,
if there be two grand-fathers, they shall take alike, and a grand-then grandfather
mother, in case of the death of her husband the grandfather, shall**
take as he might have done. Ibid., sec. 12,
Thomp. Dig.,66.
SEC. 148. If any person entitled to distribution shall die before Representatives
the same be made, his or her share shall go to his or her representa-ºle tº distrib-
tives. - utive share.
Ibid., sec. 18.
SEC. 149. Posthumous children of intestates shall take in the same Posthumous
manner as if they had been born before the decease of the intestate, children.
but no other posthumous relation shall be considered as entitled to Ibid., sec. 14
distribution in his or her own right. 65 Md. " Rep.,
[See Alex. Brit. Statutes, p. 640, 10 and 11, William III, ch. 16.] 278, Shriver vs.
State; 1 Md. Chy., Dec., 212, Conn vs. Conn; 11 Gill & J. Rep., 185, Chase vs. Locker-
Illa, Il. º
3 C S
34 * CHAPTER I.—ADMINISTRATION.
Surplus es- SEC. 150. If there be no relations of the intestate within the fifth
A
*:::::::: #, degree, which degree shall be reckoned by counting down from the
degree. common ancester to the more remote, the whole surplus shall belong
Sº to the United States of America.
Ibid., sec. 15. -
Thomp. Dig., 66. 21 Wash. Law Rep., 827, In re Belcher; 51 Md. Rep., 470,
Patapsco Institute vs. Rock Hill College ; 41 Md. Rep., 1, Rock Hill College vs.
Jones; 4 Gill & J. Rep., 408, Charlotte Hall vs. Greenwell; 7 Gill & J. Rep., 369,
Thomas vs. Frederick Co. School. $º
Administrators SEC. 151. That every administrator obliged by the act, entitled, an
to pay balanºë, ſo act for the application of such intestates’ estates as leave no legal repre-
.*.*.*... sentative, &c. to pay the balance of the estate to one of the public
hool h º * fº . .
i.’ ºntº treasurers, shall hereafter be obliged to pay and satisfy the balance
tives. - of such estate to the visitors of the public school of the county where
- the deceased resided, in the same manner as Such administrator should
Md. act 1729, ch. e º º
24. Sec. 17. have been obliged by law to pay the same to any legal representative in
i Kilty, 211. Case any such should have appeared, to be applied to the use of such
1. Dorsey, 75. ... school; Save that by the acts now in force, sundry particulars of the
Thomp. Pig.'" goods and chattels are directed to be paid in specie, according to
appraisement, to the legal representatives, in this case, such admin-
istrator shall pay the said balance of such estate in current money,
or in specie, at the direction of the visitors, for the payment whereof,
if in current money, he shall be allowed ten per cent, if in specie, five
per cent, and no more. *
Administratºr , SEC. 152. Provided, That in case such administrator be of kin to
with º the deceased, within the fifth degree of either consanguinity or affin-
... * *ity, then such administrator, and all others that areas nearly related
residue. - tº tº - e
& to the deceased as such administrator, shall have as good a right to
Ibid., Seº, such residue if he or they were brothers or sisters’ children to the
i ; deceased, and such balance shall be distributed accordingly.
Widow takes SEC. 153. That in case there be a widow, no collaterals shall be
residue tº ºr admitted, other than these directed by this act, but such widow shall
son of * have the whole residue of such estate, anything herein before com:
Ibid., sec. 19. tained to the contrary thereof notwithstanding.
1 Dorsey, 75.
1 Kilty, 212. Thomp. Dig., 67. : -
When residue SEC. 154. That in case such residue shall happen to be paid fo such
paid shall be ... visitors as aforesaid, in default of legal representatives as aforesaid,
º: ** and that any legal representatives of no remoter degrees amongst col-
repr – laterals than brothers or sisters’ children, shall at any time appear,
jºidºse; 3.0. and prove him, her or themselves to be such legal representatives,
#. *: 7 that then the visitors that received the residue of such estate, or
1 LOrsey, their successors, if it shall be in their hands, shall restore the same
• . to such legal representative or representatives; and if such residue
shall be actually applied to the use and support of the public school,
that then the public stock of such school, in the hands of the public
treasurers of this province, or either of them, shall be liable to make
Satisfaction to such representative or representatives, of such residue,
and that the said visitors shall give an order to such representative
or representatives for the same, on the public treasurers, who shall
be obliged, by virtue of this act and such order, to pay the same out
Of the public stock of such school, if so much in their hands, if not,
So much as shall be in their hands, and the residue when they shall
receive so much to the use of such school; and if the administrator
shall be obliged to pay any further debt or duties that were due from
the deceased, such legal representative receiving the said residue shall
refund to such administrator the value of what such administrator
shall be obliged to pay as aforesaid, provided the same doth not
exceed the residue received by such representative, any thing in the
Said act for the application of such intestates' estates, &c. to the con-
trary in any wise notwithstanding.
CHAPTER I.—ADMINISTRATION. f 35
SEC. 155. In case the surplus remaining in the administrator’s When court
hands after payment of all just debts exhibited and proved, or noti:; distribute i.
fied and not barred, or after retaining for the same, shall consist of ****
specific property, or articles mentioned in the inventory or inven- , Md., act 1798,
tories, the administrator, if he cannot satisfy the parties, may apply gº.1%, sub ch 11,
to the court to make the distribution, and the court may appoint a *śt 848
day for making distribution, and by summons call upon the said i ñº. 462.
parties to appear, and the said court may, at the appointed time, pro- Thomp. Dig.,68.
ceed to distribute, but if a majority in point of value shall neglect to sºld. Rºp;#,
appear, or appearing shall object to the distribution of the articles, º:
Or if the court shall deem a sale of the said articles, or any part of É. giš Šćriver
them, more advantageous, a sale shall be directed accordingly, and vs. štate; 55 Md.
the rules herein before laid down, relative to a sale by order of the Rep. 277, Wilson
© * § CA. vs. McCarty; 28
Said court, shall be observed. Md. Rep., 84, Don-
aldson vs. Raborg; ibid., vol. 26, p. 312; 19 Md. Rep., 42, Crawford vs. Blackburn;
9 Md. Rep.,290, Williams vs. Holmes; 6 Gill & J. Rep., 171.
SEC. 156. Any executor or administrator shall be entitled to appoint Executor or ad-
a meeting of creditors, or of persons entitled to distributive shares or .*.
legacies, or a residue, on some day by the court approved, and pas-º"...iit.”.
Sage of claims, payment or distribution, may be there made, under distributees under
the court’s direction and control. - court's direction.
Md. act 1798, ch. 101, sub ch. 14, Sec. 12. 2 Kilty, 851. 1 Dorsey, 410. Thomp.
# 70. 65 Md. Rep., 278, Shriver vs. State; 62 Md. Rep., 542, Wood vs. Conrey;
57 Md. Rep., 89, Biddison vs. Mosely; 55. Md. Rep., 277, Wilson vs. McCarty; 39 Md.
Rep., 640, Smith vs. Stockbridge; 28 Md. Rep., 84, Donaldson vs. Raborg: ibid., vol
26, p. 312; 14 Md. Rep., 288, Scott vs. Fox; 4 Md. Chy. 425, Conner vs. Ogle.
RIGHTS OF widows.
SEC. 157. Every devise of land, or any estate therein, or bequest Devise or be.
of personal estate, to the wife of the testator, shall be construed to º º º
be intended in bar of her dower in lands, or share of the personal . .”
- - e • * e - - wise expressed.
estate respectively, unless it be otherwise expressed in the will. p
- Md. act 1798, ch.
101, Sub ch. 13, Sec. 1, 2 Kilty, 850. 1 Dorsey, 406. Thomp. Dig., 70,
SEC. 158. A widow shall be barred of her right of dower in land, Widow may
or share in the personal estate, by any such devise, or bequest, unless iº: to take
within ninety days after the authentication or probat of the will, lºitten
she shall deliver, or transmit to the court where such authentication. Tº º
or probat hath been made, a written renunciation in the following *i. Sec. 2.
form, or to the following effect: ‘I, A. B. widow of — —, , hº 406
late of , deceased, do hereby renounce and quit all claim to 40%. J 5 3.
any bequest or devise made to me by the last will of my husband, 2 Cranch, Ct.
exhibited and proved according to law; and I elect to take, in lieu Rep; 505, Ladd vs.
thereof, my dower, or legal share of the estate of my said husband, #. Cl *** ...i
A. B.’ But by renouncing all claim to a devise or bequest, or jºij.“.
devises or bequests of personal property, made to her by the will of her Mä. Rep., 5ſſ,'Hô.
husband, she shall be entitled to one-third part of the personal estate kamp vs. Haga-
of her husband, which shall remain after payments of his just debts, º Md. Rep.,
and claims against him, and no more. - tº: º Mā.
Rep., 438, Hanson vs. Worthington; 5 Md. Rep., 534, Collins vs. Carman: A Mā.
Chy., 484, Mayo vs. Bland; 1 Gill Rep., 403, Darrington vs. Rogers; 10 Gill & J.
Rep., 192, Jones vs. Sothoron; 6 Gill & J. Rep., 80, Callis vs. Tolson; 2 Gill & J.,
256, Hutchins vs. Hope, -
SEC. 159. If the will of the husband devise a part of both real and ...Widow's renun-
personal estate, she shall renounce the whole, or be otherwise barred º must be
of her right to both real and personal estate. CIllill’e.
Ibid., sec. 3. 2 Kilty, 850. 1 Dorsey, 407. 40 Md. Rep., 537, Pindell vs. Pindell.
36 - CHAPTER I.-ADMINISTRATION.
When partial SEC., 160. If the will devise only a part of the real estate, or only a
ºiation * part of the personal estate, the devise shall bar her of only the real,
Qulled. or personal estate, as the case may require : Provided mevertheless,
Ibid., Sec. 4. That if the devise of either real or personal estate, or of both, shall
#. 85%. be expressly in lieu of her legal share of one or both, she shall
1 Dorsey, 407. accordingly be barred unless she renounce as aforesaid.
Void devise SEC. 161. But if in effect, nothing shall pass by such devise she
i.sº not bar shall not be thereby barred, whether she shall or shall not renounce
.W # *-* * * - as aforesaid, it being the intent of this act, and consonant to justice,
ge s that a widow accepting, or abiding by a devise, in lieu of her legal
Ibid., sec. 5. ** rº jº &=> e º * **'s
2 Kilty, 850. right, shall be considered as a purchaser with a fair consideration.
1 Dorsey, 407. 7 Mackey Rep., 249, Young vs. Young; ibid., p. 268, Baden vs. Mc- -
Renny; 10 Gill & J. Rep., 67, Gibson vs. McCormick; 8 Gill & J, Rep., 333, Marshall
vs. McPherson; 9 Gill Rep., 371, Chew vs. Farmers' Bank; 1 Md. Chy., 296, Thomas
vs. Wood; 1 Md. Rep., 223, Snively vs. Bevans; 5 Md. Rep., 503, Collins vs. Carman;
11 Md. Rep., 78, Dugan vs. Hollins; 13 Rep., 443, Power vs. Jenkins; 4 Har. & J. R.,
480; 5 Har. & J. R., 59; 4 Har. & McH. R., 480. sº
Widow or her SEC. 162. If a widow commit waste in the lands of the deceased,
i.º. º: "d she shall be liable to an action by the heir or devisee, or his or her
*** guardian ; and if she marry a second husband, he shall be answer-
Ibid., sec. 6. able for any waste committed by her before marriage, or by himself.
2 Kilty, 850, 1 Dorsey, 407. -
Widow's rem- SEC. 163. A widow's remedy for dower shall be as heretofore.
edy for dower. - -
Ibid., sec. 7. 2 Kilty,850. 1 Dorsey,407. Thomp. Dig., 71.
Widow's dower. SEC. 164. A widow, after the death of her husband, incontinent,
9 Henry III, ch, and without any difficulty, shall have her marriage and her inherit-
7, sec. i., A. D. ance (2) and shall give nothing for her dower, her marriage, or her
1225. * inheritance, which her husband and she held the day of the death of
1 *** her husband, (3) and she shall tary in the chief house of her hus-
Kilty's Rep.,205. band by forty days after the death of her husband, within which
7 Mackey Rep. days her dower shall be assigned her (if it were not assigned her
268, Baden vs. Mc- before) or that the house be a castle; (4) and if she depart from the
Kenney; lººd, castle, then a competent house shall be forthwith provided for her,
º & § * *in the which she may honestly dwell, until her dower be to her
#.h. ... D., is assigned, as it is aforesaid; and she shall have in the meantime her
2 Gill. & J. Rep., reasonable estovers of the common ; (5) and for her dower shall be
318, Macauley vs. assigned unto her the third part of all the lands of her husband,
§."; §:". which were his during coverture, except she were endowed of less at
jºh. the church door. . (6) No widow shall be distrained to marry herself;
º & nevertheless she shall find security, that she shall not marry without
our license and assent (if she hold of us) nor without the assent of the
Lord, if she hold of another.
Dower barred SEC. 165. And if a wife willingly leave her husband, and go away,
by elopement, and continue with her advouterer, she shall be barred for ever of action
13 Edward I, to demand her dower, that she ought to have of her husband’s lands,
ch. 34, sec. 4, A. if she be convict thereupon, except that her husband Willingly, and
P.1333. without coertion of the church, reconcile her, and suffer her to dwell
rºles Brit * with him; in which case she shall be restored to her action.
Rilty's Rep., 213.
A widow shall SEC. 166. Tirst, of widows which after the death of their husbands
º, º are deforced of their dowers, and cannot have their dowers or quar-
jºº "º entime without plea, whosoever deforce them of their dowers or
20 Henry, 3 ch. quarantine of the lands, whereof their husbands died seised, and
*A. Pisº... that the same widows after shall recover by plea ; (2) they that be
sº Brit: Statº convict of such wrongful deforcement shall yield damages to the
Chapter 1–ADMINISTRATION. 37
same widows; that is to say, the value of the whole dower to them Kilty,
e 5 & º * - . tº & ilty's Rep.,208.
belonging, from the time of the death of their husbands unto the 47Md. Rep. 389,
day that the said widows, by judgment of our court, have recovered Brice is. Hobb; §
seisin of their dower, &c. (3) and the deforcers nevertheless shall be §ºn *śa:
amerced at the King’s pleasure. 22 Ma. Rep. 359,
Rnighton vs. Young; 2 Har. & J. Rep., 53, Keefer vs. Young; 2 Har. & J. Rep., 413,
Hammond vs. Higgins; 12 Gill & J. Rep., 388, Darna]] vs. Hill; 11 Gill & J. Rep.,
365, Scott vs. Crawford; 8 Gill & J. Rep., 50, Sellman vs. Bowen,
SEC. 167. In a writ of dower, called unde nihil habet, the writ shall Tenant's plea in
not abate by the exception of the tenant, because she hath received Writ of dower.
her dower of another man before her writ purchased, unless he can 3 Edward I, ch.
shew that she hath received part of her dower of himself, and in the 49.
same town, before the writ purchased. Alex Brit. Stat.,
SEC. 168. Also if a woman sell or give in fee, or for term of life, Writ of entry
the land that she holdeth in dower; it is ordained, that the heir, or 'pon alienation of
other to whom the land ought to revert after the death of such “”
woman, shall have present recovery to demand the land by a writ 6 Edward I, ch.
of entry made thereof in the chancery. - 7, A. D. 1278.
- Alex. Brit. Stat., 86. Kilty's Rep., 211.
SEC. 169. In case where the husband, being impleaded for land, Wife endowable
giveth up the land demanded unto his adversary by covin; after ºf º
the death of the husband, the justices shall award the wife her * €1 IlllS-
dower, if it be demanded by Writ. (2) But in case where the hus- tº
band loseth the land in demand by default, if the wife, after the Where heir ma
death of her husband, demandeth her dower, it hath been proved, avoid doº. º
that some justices have awarded unto the woman her dower notwith- covered.
standing the default which her husband made, other justices being
of the contrary opinion, and judging otherwise. To the intent that
from henceforth such ambiguity shall be taken away, it is thus
ordained in certain, that in both cases the woman demanding her
dower shall be heard. (3) And if it be alleged against her, that her
husband lost the land, whereof the dower is demanded by judgment,
whereby she ought not to have dower, and then it be inquired by
what judgment, and if it be found that it was by default, whereunto Remedy for cer-
the tenant must answer; then it behoveth the tenant to answer fur-faintenants losing
ther, and to shew that he had right, and hath in the foresaid land, by *
according to the form of the writ that the tenant before purchased 13 Edward I, ch.
against the husband. (4) And if he can shew that the husband of 4, A. D. 1385.
such wife had no right in the lands, nor any other but he that hold-lºº" Sº,
eth them, the tenant shall go quit, and the wife shall recover nothing "Kilty's Rep. 212.
of her dower ; which thing if he cannot shew, the wife shall recover 5
her dower. (5) And so in these cases, and in certain other following,
that is to say, when the wife being endowed loseth her dower by
default, and tenants in free marriage, by the law of England or for
term of life, or in fee-tail, divers actions do concur for such tenants,
when they must demand their land lost by default ; (6) And when
it is come to that point, that the tenant must be compelled to shew
their right, they cannot make answer without them to whom the
reversion of right belongeth ; therefore it is granted unto them to
vouch to warranty, as if they were tenants, if they have a warranty.
(?) And when the warrantor hath warranted, the plea shall pass
between him that is seised and the warrantor, according to the tenor
of the writ that the tenant purchased before, and by which he recov-
ered by default ; (8) and so from many actions at length they shall
resort to one judgment, which is this, that the demandants shall
recover their demand, or the tenants shall go quit. (9) And if the
action of such a tenant, which is compelled to shew his right, be
moved by a writ of right, though that the great assise or battail can
not be joymed by the words accustomed, yet it shall be joymed by
words convenient ; (10) for when the tenant, in that he sheweth his
38 - CHAPTER 1–ADMINISTRATION.
right which belongeth to him by the writ that he before purchased,
instead of a demandant, the warrantor may well defend the right
of the tenant, which is accounted in place of the demandant, as
before is said, and offer to defend the seisin of his ancestors by the
|body of his freeman, or put himself in the great assise, and pra
recognizance to be made, whether he hath more right to the land in
demand, Or else the party before named. (11) Or otherwise the
great assise may be joymed thus, talis defendit jus, &c. and so the
warrantor may defend the right, and knowledge the seisin of his
ancestor, and put himself in the great assise, &c. and pray recogni-
Zance to be made, whether he hath more right in the foresaid land,
as in that whereof he infeoffed such a man, or that such a one
released and quit claimed, &c. or else the foresaid party, &c. (12)
And where sometime it chanceth that a Woman not having right to
demand dower, the heir being within age, doth purchase a writ of
dower against a gardian, and the gardian endoweth the woman by
favour, or maketh default, or by collusion defendeth the plea, so
faintly, whereby the woman is awarded her dower in prejudice of
the heir ; (13) it is provided, that the heir, when he cometh to full
age, shall have an action to demand the Seisin of his ancestor against
such a woman, like as he should have against any other deforceor; .
yet so, that the Woman shall have her exception saved against the
demandant, to shew that she had right to her dower, which if she
can shew, she shall go quit and retain her dower, and the heir shall
be grievously amerced, according to the discretion of the justices;
and if not, the heir shall recover his demand, &c. (14) In like man-
ner the woman shall be aided, if the heir or any other do implead
her for her dower, or if she lose her dower by default, in which case
the default shall not be so prejudicial to her, but that she shall
recover her dower, if she have right thereto, and she shall have this
Writ.
Aº SEC. 170. A writ of admeasurement of dower shall be from hence-
º, º.º.º. forth granted to a gardian; (2) neither shall the heir, when he com-
guar dia. In and . $. a * - g t * - -
ñeirº, the ºrjeth to full age, be barred by the suit of such a gardian, that sueth
therein. against the tenant in dower feignedly, and by collusion, but that he
t may admeasure the dower after, as it ought to be admeasured by the
13 Edward I, i º
chº, A.B.T.B. “law of England. -
Alex. Brit. Stat., 111, 112. Kilty’s Rep., 212. 1 Md. Chy. Dec., 202, Mantz vs.
Buchanan; 5 Gill Rep., 206, Penn vs. Isherwood,
Alienation in SEC. 171. That if any woman which hath had, or hereafter shall
dower, when Void, have, any estate in dower, or for term of life, or in tail jointly with
11 Henry VII, her husband, Or only to her self, or to her use, in any manors, lands,
ch, 20. . . tenements, or other hereditaments of the inheritance or purchase of
...Alex Britsa. her husband, or given to the said husband and wife in tail, or for
Kilty's Rep.,229. tºm of life, by any of the ancestors of the said husband, or by any
’’ other person seised to the use of said husband, or of his ancestors,
and have or shall hereafter, being sole, or with any other after taken
husband, discontinued or discontinue, aliened, released, or confirmed,
aliene, release, or confirm with warranty, or by covin suffered or
suffer any recovery of the same against them, or any of them, or
any other seised to their use, or to the use of either of them, after
the form aforesaid, that all such recoveries, discontinuances, alien-
ations, releases, confirmations, and warranties so had and made, and
from henceforth to be had and made, be utterly void and of none
effect: (2) And that it shall be lawful to every person and persons,
to whom the interest, title, or inheritance, after the decease of the
said women, of the said manors, lands, and tenements, or other
hereditaments, being discontinued, aliened, and suffered to be recov-
ered, after the first day of December next coming, in the form afore-
Said, should appertain, to enter into all and every of the premisses,
CHAPTER I.-ADMINISTRATION. 39
and peaceably to possess and enjoy the same, in such manner and
form as he or they should have done, if no such discontinuance,
warranty, nor recovery had been had nor made. (3) Amd over this
be it ordained and enacted by the said authority, That if any of the
Said husbands and women, or any other seised, or that shall be seised
to the use of them of the estate afore specified, after the said first
day of December, do make or cause to be made, or suffer any such
discontinuance, alienations, warranties, or recoveries in form afore-
said, that then it shall be lawful to the person or persons to whom
the Said manors, lands, or tenements should or Ought to belong after
the decease of the said Women, to enter into the same, and them to
Ossess and enjoy, according to such title and interest as they should
#. had in the same, if the same women had been dead, no discon-
tinuance, Warranty, nor recovery had, as against the said husband
during his life, if the said discontinuance, alienations, warranties,
and recoveries be hereafter had by or against the said husbands and
women during the coverture and espousal betwixt them. (4) Provided
alway, That the said women, after the decease of their said husbands,
may re-enter into the same manors, lands, and tenements, and them
to enjoy according to their first estate in the same. (5) Amd over
this be it ordained and enacted by the said authority, That if the said
woman, at the time of such discontinuance, alienations, recoveries,
warranties, after the said first day of December, in form aforesaid,
to be had and made of any of the premisses, be sole, that then she
shall be barred and excluded of her title and interest in the same
from thenceforth; (6) and that the person and persons to whom the
title, interest, and possession of the same should belong after the
decease of the said woman, shall immediately after the said discon-
tinuances, alienations, Warranties, and recoveries, enter into the same
manors, lands, tenements, and other hereditaments, and them to
possess and enjoy according to his or their title in the same. (7)
Provided also, That this act extend not to avoid any recovery, dis-
continuance, or warranty after the form aforesaid, afore this time
had, made, and suffered, but only where the said husband and woman,
or either of them now being alive, or any other to their use, now
have interest and title to the said manors, lands, tenements, or other
hereditaments, aliemed, discontinued, or suffered to be recovered
after the form aforesaid, and thereof now taking the issues and
profits, or any other person or persons to their use. (8) Provided
also, That this act extend not to any such recovery or discontinuance
to be had with the heirs next inheritable to the said woman, (9) or
where he or they that next after the death of the same woman should
have estate of inheritance in the same manors, lands, or tenements,
be assenting or agreeable to the said recoveries, where the same
assent and agreement is of record, or inrolled. (10) Provided also,
That it shall be lawful for every such woman being sole, or married
after the death of her first husband, to give, sell, or make discon-
tinuance of any such lands for term of her life only, after the course
and use of the common law, before the making of this present act.
SEC. 172. If any married woman shall have any estate settled upon , Jointure or set-
her, by her husband by jointure or other settlement, before mar- * by hus:
riage, such jointure or settlement shall bar her of her dower of her º lº.
husband’s lands; yet it shall be lawful for her to accept what her ºf e
husband shall by his last will and testament devise her. sº º 1715, ch.
, SeC. 3'ſ.
Alex. Brit. Stat., 301. Thomp. Dig., 197. 25 Md. Rep., 532, Maurer vs. Naill; 11
Mcl. Rep., 415, Edelin vs. Edelin; 5 Md. Rep., 324, Maurer vs. Maurer.
SEC. 173. That whereas divers persons have purchased, or have A, woman shall
estate made and conveyed of ºd in divers lands, fenements, and 9. º: jointure
hereditaments unto them and to their wives, and to the heirs of the and dower.
husband, or to the husband, and to the wife, and to the heirs of their
40 - * CHAPTER I.-ADMINISTRATION.
27. Henry VIII, two bodies begotten, or to the heirs of one of their bodies begotten,
#" Sec. 6, A. D. or to the husband, and to the wife for term of their lives, or for term.
“...ex. Brit stat., of life of the said wife ; (2) or where any such estate, or purchase.
296. of any lands, tenements, hereditaments, hath been, or hereafter
Kilty's Rep., 231. shall be made, to any husband, and to his wife, in manner and form
*Mid-Repº, above expressed, or to any other person or persons, and to their heirs.
* tº: and assigns, to the use and behoof of the said husband and wife, or
Edejin jeń... to the use of the wife, as is before rehearsed, for the jointer of the
5 Md. Rep., 324, wife; (3) that then in every such case, every woman married, having
Ma u rer vs. such jointer made, or hereafter to be made, shall not claim, nor have
Maurer. title to have any dower of the residue of the lands, tenements, or
hereditaments, that at any time were her said husbands, by whom
she hath any such jointer, nor shall demand nor claim her dower of
and against them that have the lands and inheritances of her said
husband ; (4) but if she have no such jointer, then she shall be
admitted and enabled to pursue, have, and demand her dower by
writ of dower, after the due course and order of the common laws
of this realm ; this act, or any law or provision made to the contrary
thereof notwithstanding. -
A woman shall SEC. 174. That if any such woman be lawfully expulsed or evicted
*...*.* from her said jointer, or from any part thereof, without any fraud
jointure is recov- º & - sº g
ered. or covin, by lawful entry, action, or by discontinuance of her hus-
* band, then every such woman shall be endowed of as much of the
Ibid., sº residue of her husband’s tenements or hereditaments, whereof she
Alex. Brit. Stat. , e
296. was before dowable, as the same lands and tenements so evicted and
Kilty's Rep.,231. expulsed shall amount Or extend unto.
A jointure after SEC. 175. That if any wife have, or hereafter shall have any
mºiege may be manors, lands, tenements, or hereditaments unto her given and
refused. assured after marriage, for term of her life, or otherwise in jointer,
Ibid., Sec. 9, A. except the same assurance be to her made by act of parliament, and
*A*But Stat the said wife after that fortune to overlive her said husband, in
gº” whose time the said jointer was made or assured unto her, that then
the same wife so overliving shall and may at her liberty, after the
death of her said husband, refuse to have and take the lands and
tenements so to her given, appointed, or assured during the cover-
ture, for term of her life, or otherwise in jointer, except the same
assurance be to her made by act of parliament, as is aforesaid, (2)
and thereupon to have, ask, demand, and take her dower by writ of
dower, or otherwise, according to the common law, of and in all
such lands, tenements, and hereditaments as her husband was and
stood seized of any state of inheritance at any time during the cover-
ture ; anything contained in this act to the contrary thereof notwith-
standing. ſº
These rules ap: SEC. 176. All rules herein contained, relative to an executor or
F. º administrator, shall apply and extend to an executrix or adminis-
. ... i.i. tratrix, or executors or administrators respectively, unless otherwise
iaws.’ expressly provided for; and whenever any party in the singular
number, or a male party is mentioned, the rule shall apply to a
toº. female, or to two or more having a joint interest, or jointly con-
10. ” ‘’” cerned, applying or called upon, so far as the rule can with propriety
2 Kilty, 851. apply, or so far as is not otherwise directed.
1 Dorsey, 409. Thomp. Dig., 72.
Counter se- SEC. 177. If any security of an executor or administrator shall
‘º.º.º.º.º. conceive him or herself in danger of suffering from the suretyship,
Or administrator; i. lv to th ‘ph int hich or fed th lministrati *-
consequent pro: he may apply to the orphans court which granted une administration,
cedure. and the said court may call upon the party to give counter Security,
to be approved by the court; and if the party so called on shall not,
tºº. * within a fixed reasonable time, give such counter security, the court.
iſ.” ‘’” may order the property remaining in the hands of such executor or
2 Kilty, 851. administrator to be delivered up to such security, and the court may
CHAPTER 1–ADMINISTRATION. - 41
enforce the delivery, by process, as hereafter directed; and an inven- 1 Dorsey,409.
tory of the property, delivered to such security shall be returned as: º: Rep.,
without delay, and the property contained in such inventory shall ſº " .
be by the said security sold, distributed and delivered up, as the case Rep. '14, Sifford
may require, under the immediate Order of the court, as if such vs. Morrison; 4
security were executor or administrator; but inasmuch as it would fºr $ ). Rep.;
be inconvenient to creditors, and others interested in the estate, if * "pºp º
there should be a double administration, the executor or administra- fºtº of M.
tor shall go on to discharge his trust, unless the court revoke his Knight; 21 W. L.
letters for some just cause, as herein before directed, and he shall Rep., 587; Ibid.,
be answerable for the property in the same manner as if it were not #. º, S. sº
on his default as aforesaid delivered to the security, and he shall be ºils. 115 U.’
entitled to sue the said security, in a special action on the case, Rep. 83, wiison
grounded on this act, and recover damages, with double costs, in vs. Arrick.
case he shall suffer from the misconduct of such security, in dimin-
ishing any part of the property, without obtaining an allowance for
the same from the court; and the said security shall bring into
court, to be deposited with the register of wills, the money arising
from the sale of any property as aforesaid, to be applied according
to the meaning of this act.
SEC. 178. Every person and persons that hereafter shall obtain, , Executor de son.
receive, and have any goods or debts of any person dying intestate, *
or a release or other discharge of any debt or duty that belonged to 43 Elizabeth, ch
the intestate, upon any fraud, as is aforesaid, or without such valu- 8, A. D. 1601. "
able consideration as shall amount to the value of the same goods or Alex. Brit. Stat.,
debts, or near thereabouts, (except it be in or towards satisfaction *: , , , ...
of some just and principal debt of the value of the same goods or ... itty S Rep.,
debts to him owing by the intestate at the time of his decease) shall ºf Cranch, Ct.
be charged and chargeable as executor of his own wrong; (2) and so Rep., 206, Bay-
far only as all such goods and debts coming to his hands, or whereof sand vs. Lovering;
he is released or discharged by such administrator, will satisfy, *::: Rep.,
deducting nevertheless to and for himself allowance of all just, due Hºckenº, º
and principal debts upon good consideration, without fraud, owing Md. Rep. 33,
to him by the intestate at the time of his decease, and of all other Baumgartner vs.
payments made by him, which lawful executors or administrators Fº ; 1%. & J.
may and ought to have and pay by the laws and statutes of this sº
realm. Gill & J. Rep., 493,
Glenn vs. Smith ; 6 Har. & J. Rep., 61, Dorsey vs. Smithson ; 2 Har. & J. Rep., 435,
Norfolk vs. Gratt.
SEC. 179. That all and every the executors and administrators of Liability of rep-
any person Or persons, who as executor or executors in his or their resentative of ex-
Own wrong, or administrators, shall from and after the first day of ecutors de son
August next ensuing, waste or convert any goods, chattels, estate or tº ºvº.
assets of any person deceased, to their own use, shall be liable and ch º, º,
chargeable in the same manner as their testator or intestate would Alex. Bºii, stat,
have been if they had been living. 567.
- 3 Gill & John. 52, Sibley vs. Williams.
SEC. 180. That an act made in the thirtieth year of the reign of . Devastavit lies
King Charles the Second, entitled, An act to enable creditors to tº executors
recover their debts of the executors and administrators of executors " "é"
in their own wrong; which said act, in the first year of the reign of , 4 & 5 William
the late King James the Second, was enacted to be in force from the Š *. , ch. 24, A.
first day of the then present session of Parliament, and to continue “A. Brit, stat
for seven years, and from thence to the end of the first session of 585. "'
the then next Parliament, shall be and is hereby continued and made 3 Gill & John.
perpetual. And forasmuch as it hath been a doubt whether the said º Sibley”.
act did extend to any executor or executors, administrator or admin- "*
istrators of any executor or administrator of right, who for want of
privity in law were not before answerable, nor could be sued for the
debts due from or by the first testator or intestate, notwithstanding
that such executors or administrators had wasted the goods and estate
42 * CHAPTER 1–ADMINISTRATION.
of the first testator or intestate, or converted the same to his or their
own use : For remedy whereof be it further emacted and declared by
the awthority aforesaid, That all and every the executor and execu-
tors, administrator or administrators of such executor or adminis-
trator of right, who shall waste or convert to his own use, goods,
chattels, or estate of his testator or intestate, shall from henceforth
be liable and chargeable in the same manner as his or their testator
or intestate should or might have been ; any law or usage to the con-
trary notwithstanding. :
Priority of the SEC. 181. If any that holdeth of us lay-fee do die, and our sheriff
Government. or bailiff do shew our letters patents of our summons for debt,
9 Henry III, ch. which the dead man did Owe to us; it shall be lawful to our sheriff
18, A. D. 1225, , or bailiff to attach and inroll all the goods and chattels of the dead,
1: "...” Sº being found in the said fee, to the value of the same debt, by the
Riis's Rep.,205 sight and testimony of lawful men, so that nothing thereof shall be
3 #ar & M. taken away, until we be clearly paid off the debt; (2) and the resi-
Hen. Rep., 171, due shall remain to the executors to perform the testament of the
Murray...?. Rid- dead; (3) and if nothing be owing unto us, all the chattels shall go
ley; 6 Gill & John. ; an o' º * { a . : l r \, * * * º
Rep., 205 State vs. to the use of the dead (saving to his wife and children their reason
tº ºf M. To able parts.)
Md. Rep., 504, State vs. Mayor of Balto.
Priority of the SEC. 182. Whenever any person indebted to the United States is
9.9 Me...º.º.º insolvent, or whenever the estate of any deceased debtor, in the
where estate is in- e e * . . & -
solvent. hands of the executors or administrators, is insufficient to pay all
the debts due from the deceased, the debts due to the United States
º * R. S. shall be first, satisfied; and the priority hereby established shall
ºfar, 1797, c. extend as well to cases in which a debtor, not having sufficient prop-
20.s. 5. W.1, p. 515, erty to pay all his debts, makes a voluntary assignment thereof, or
2 Mar., 1799, c. in which the estate and effects of an absconding, concealed, or
22.5-$5.V., 9.67% absent debtor are attached by process of law, as to cases in which
c. º Fº an act of bankruptcy is committed.
Hooe, 3 Cr., 73; Harrison vs. Slerry, 5 Cr., 289; Prince vs. Bartlett, 8 Cr., 431; U. S.
vs. Bryan, 9 Cr., 374; Thelusson vs. Smith, 2 Wh., 396; U. S. vs. Howland, 4 Wh.,
108; Conad vs. Insurance Company, 1 Pet., 386; Hunter vs. U. S., 5 Pet., 173; U.
‘S. vs. State Bank, 6 Pet., 29 ; U. S. vs. Hack, 8 Pet., 271 ; Brent vs. Bank of Wash-
ington, 10 Pet., 596; Beaston vs. Farmers' Bank, 12 Pet., 102; U. S. vs. Herron, 20
Wall., 251 ; Bayne et al., Trustees, vs. U. S., 93 U. S., 642.
Liability of per- SEC. 183. Every executor, administrator, or assignee, or other per-
tººl º son, who pays any debt due by the person or estate from whom or for
ment. which he acts, before he satisfies and pays the debts due to the United
States from such person or estate, shall become answerable in his
tº *7, R. S. own person and estate for the debts so due to the United States, or for
§§ar, 1799, c, so much thereof as may remain due and unpaid. [See § 5101, R. S. U. S.]
22, s. 65, v.1, p. 676. Field vs. U.S., 9 Pet. 182; Brent vs. Bank of Washington, 18 Pet.,
596. .
. Priority of sure- SEC. 184. Whenever the principal in any bond given to the United
ties. ; States is insolvent, or whenever, such principal being deceased, his
Sec. 3468, R. S. estate and effects which come to the hands of his executor, admin-
. S. º istrator, or assignee, are insufficient for the payment of his debts,
2 Mar., 1799, g. and, in either of such cases, any surety on the bond, Or the execu-
*º .."; tor, administrator, or assignee of such surety pays to the United
2C.; tığ. States the money due upon such bond, such surety, his executor,
Hoos. 3 Cº. 73. administrator, or assignee, shall have the like priority for the recov-
Prince vs. Bartlett, ery and receipt of the monyes out of the estate and effects of such
§ Cº., 43%; U. Sº, insolvent or deceased principal as is secured to the United States;
#.º,” : 3. and may bring and maintain a suit upon the bond, in law or equity,
šiū.”: "wi. in his own name, for the recovery of all moneys, paid thereon.
396: U. S. vs. How- (25 Stat., p. 387, ch. 787.]
land, 4 Wh., 108; Conad vs. Insurance Company, 1 Pet. , 439; Hunter vs. U. S., 5
Pet., 173; Child vs. Shoemaker, 1 Wash., 494; U.S. vs. King, Wall., C. C., 12; Johns
vs. Brodhag, 1 Cr., C. C., 235. .
U
CHAPTER II.-ALIENS.
43
Sec.
1.
CHAPTER TWO.
ALIENS.
Alien persons and corporations pro-
hibted from acquiring real estate;
exception: Proviso: Treaty rights
not impaired.
2. Corporations prohibted from holding
7
real estate when more than 20 per
cent of stock is held by aliens.
. Maximum of land which may be
held by corporations, except under
Congressional grants. Present
titles not affected.
. Property unlawfully held to be for-
feited. Procedure.
. Foreign legations and foreign repre-
sentatives or attachés may acquire |
real estate for residences.
. Prepayment for transportation of,
etc., of emigrants under contracts
for labor or service made previous
to emigration unlawful.
. All such contracts void and of no
Sec
9.
10.
11
12.
Master of vessels guilty of misde-
meanor for bringing emigrant
laborer when; , penalty.
When foreigners may employ other
foreigners, etc., when foreignskilled
labor may be employed. Artists,
lecturers, servants, etc., excepted
from provisions of this act.
Repeal of conflicting laws. -
Contracts with State officers to take
charge of immigration.
nation of ships. Prohibited persons
not permitted to land.
. Rules to govern this subject.
. Return of prohibited persons; ex-
penses.
. Repeal of conflicting laws.
. When effective. • ‘
. Return of emigrants illegally landed.
. Allowance to informers of violation
of immigration laws.
Exami-
effect. -
8. Penalty for violation of sec. 6; how
recovered.
. What lands foreigners may inherit.
SEC. 1. It shall be unlawful for any person or persons not citizens
of the United States, or who have not lawfully declared their inten-
tion to become such citizens, or for any corporation not created by
or under the laws of the United States or of some State or Territory
of the United States, to hereafter acquire, hold, or own real estate so
hereafter acquired, or any interest therein, in any of the Territories
Alien persons or
corporations pro-
hibited from ac-
quiring real estate
II].
& te tº g º * * Exception.
of the United States or in the District of Columbia, except such as
may be acquired by inheritance or in good faith in the ordinary -
course of justice in the collection of debts heretofore created: Pro- proviso.
'vided, That the prohibition of this section shall not apply to cases.
in which the right to hold or dispose of lands in the United States is
secured by existing treaties to the citizens or subjects of foreign
countries, which rights, so far as they may exist by force of any such
treaty shall continue to exist so long as such treaties are in force, and ; Stat., 576
no longer. [See § 5, 19 of this chapter.] 3sup. R.S.,556.
133 U.S. Rep.,272, Geofroy vs. Riggs. 1 Peters Rep., 343, Spratt vs. Spratt; 1 Appeal
Cases D.C., p. 430, Johnson vs. Elkins.
Treaty rights
not impaired.
Mar. 3, 1887.
SEC. 2. No corporation or association more than twenty per centum
of the stock of which is or may be owned by any person or persons,
corporation or corporations, association Or associations, not citizens
of the United States, shall hereafter acquire or hold or own any real
estate hereafter acquired in any of the Territories of the United
States or of the District of Columbia. -
Corporation
having more than
20 per cent of
stock held by
aliens prohibited
from holding real
eState.
Ibid., sec. 2.
SEC. 3. No corporation other than those organized for the construc-
tion or operation of railways, canals, or turnpikes shall acquire,
hold, or own more than five thousand acres of land in any of the Ter-
ritories of the United States; and no railroad canal, or turnpike cor-
poration shall hereafter acquire, hold, or own lands in any Territory,
other than as may be necessary for the proper operation of its rail-
Maximum of
land which may
be held by cor-
porations.
Congressional
grants.
44 - CHAPTER II.-ALIENS.
road, canal, or turnpike, except such lands as may have been granted
Present titles to it by act of Congress. But the prohibition of this section shall
not affected. not affect the title to any lands mow lawfully held by any such cor-
Ibid. Sec, 3. poration.
Property un- SEC., 4. All property acquired, held or owned in violation of the
lawfully held to provisions of this act shall be forfeited to the United States, and it
- bººted shall be the duty of the Attorney-General to enforce every such for-
uit.S. feiture by bill in equity or other proper process. 'And in any suit
Ibid., sec. 4. or proceeding that may be commenced to enforce the provisions of
º º º; this act, it shall be the duty of the court to determine the very
.*.*.*, right of the matter without regard to matters of form, joinder of
i. 25.6.fr, parties, multifariousness, or other matters not affecting the substan;
vs. Riggs. tial rights either of the United States or of the parties concerned
in any such proceeding arising Out of the matters in this act men-
tioned. [When lands escheat (Md. act 1781, ch. 51, § 5). See title “Real Estate.”]
Alien ownership SEC. 5. That an act entitled “An act to restrict the ownership of
ofºtº, Te- real estate in the Territories to American citizens, and so forth,”
señº. mº 'approved, March third, eighteen hundred and eighty-seven, be so
quire, in District amended that the same shall not apply to or operate in the District
of Columbia. of Columbia, so far as relates to the ownership of legations, or the
Mar. 9, 1888 ownership of residences by representatives of foreign Governments,
§§t..." or attaches thereof. .
2 Sup. R. S., 582. 1 24 Stat.,476.
Prepayment for SEC. 6. From and after the passage of this act it shall be unlawful
transportation, of for any person, company, partnership or corporation, in any manner
9. assisting tº whatsoever, to prepay the transportation, or in any way assist or
... encourage the importation, or migration of any alien or aliens, any
labor or service foreigner or foreigners, into the United States, its Territories, or the
made previous to District of Columbia, under contract or agreement, parol or special,
emigration, un- express or implied, made previous to the importation or migration of
lawful. such alien or aliens, foreigner or foreigners, to perform labor or serv-
Feb. 26, 1885, ice of any kind in the United States, its Territories, or the District of
23 Stat., 332. Columbia.
2 Sup. R. S., 479. . gº - -
150 U. S. Rep., 476, Lees vs. U. S.; 149 U. S. Rep.,698, Fong Yee Ting vs. U. S.
Such contracts SEC. 7. All contracts or agreements, express or implied, parol, or
void. special, which may hereafter be made by and between any person,
Ibid., Sec. 2. company, partnership, or corporation, and any foreigner or for-
. eigners, alien or aliens, to perform labor or service or having refer-
ence to the performance of labor or service by any person in the
United States, its Territories, or the District of Columbia previous
to the migration or importation of the person or persons whose labor or
service is contracted for into the United States, shall be utterly void
and of no effect,
Penalty for vio. SEC. 8. For every violation of any of the provisions of section one
*%.º.º. of this act the person, partnership, company, or corporation violat-
tion, fine; how uſ
recovered. ing the same, by knowingly assisting, encouraging or soliciting the
& migration or importation of any alien or aliens, foreigner or for-
ºld, see 3, eigners, into the United States, its Territories, or the District of
&º 2 5 5
Columbia, to perform labor or service of any kind under contract or
agreement, express or implied, parol or special, with such alien or
aliens, foreigner or foreigners, previous to becoming residents or
citizens of the United States, shall forfeit and pay for every such
offence the sum of one thousand dollars, which may be sued for and
recovered by the United States or by any person who shall first bring
his action therefor including any such alien or foreigner who may be
a party to any such contract or agreement, as debts of like amount
are now recovered in the circuit courts of the United States; the pro-
CHAPTER II. —ALIEN S.
45
ceeds to be paid into the Treasury of the United States; and sepa-
rate suits may be brought for each alien or foreigner being a party to
such contract or agreement aforesaid. And it shall be the duty of
the district attorney of the proper district to prosecute every such
suit at the expense of the United States.
SEC. 9. The master of any vessel who shall knowingly bring within
the United States on any such vessel, and land, or permit to be landed,
from any foreign port or place, any alien laborer, mechanic, or arti-
sam who, previous to embarkation on such vessel, had entered into
contract or agreement, parol or special, express or implied, to per-
form labor or service in the United States, shall be deemed guilty of
a misdemeanor, and on conviction thereof, shall be punished by a
fine of not more than five hundred dollars for each and every such
alien laborer, mechanic Or artisan so brought as aforesaid, and may
also be imprisoned for a term not exceeding six months.
SEC. 10. Nothing in this act shall be so construed as to prevent any
citizen or subject of any foreign country temporarily residing in the
United States, either in private or Official capacity, from engaging,
under contract or otherwise, persons not residents or citizens of the
United States to act as private Secretaries, servants, or domestics for
such foreigner temporarily residing in the United States as afore-
said; nor shall this act be SO construed as to prevent any person, or
persons, partnership, Or Corporation from engaging, under contract
or agreement, skilled workman in foreign countries to perform labor
in the United States in or upon any new industry not at present
established in the United States : Provided, That skilled labor for
that purpose cannot be otherwise obtained; nor shall the provisions
of this act apply to professional actors, artists, lecturers, or singers,
nor to persons employed strictly as personal or domestic servants :
Provided, That nothing in this act shall be construed as prohibiting
any individual from assisting any member of his family or any rela-
tive Or personal friend, to migrate from any foreign country to the
United States, for the purpose of settlement here. -
SEC. 11. All laws or parts of laws conflicting here with be, and the
same are hereby, repealed. [See § 18 of this chapter.]
[NOTE.-The following five sections are amendatory of the act of
February 26, 1885 :] -
SEC. 12. The Secretary of the Treasury is hereby charged with the
duty of executing the provisions of this act, and for that purpose he
shall have power to enter into contracts with such State Commission,
board, or officers as may be designated for that purpose by the Gov-
ernor of any State to take charge of the local affairs of immigration
in the ports within Said State, under the rules and regulations to be
prescribed by said Secretary ; and it shall be the duty of such State
Commission, board, or officers so designated to examine into the
condition of passengers arriving at the ports within such State in
any ship or vessel, and for that purpose all or any of such commis-
Sioners or officers, or such other person or persons as they shall ap-
point, shall be authorized to go on board of and through any such
ship or vessel ; and if in such examination there shall be found
among such passengers any person included in the prohibition in
this act, they shall report the same in writing to the collector of such
port, and Such persons shall not be permitted to land.
SEC. 13. The Secretary of the Treasury shall establish such regu-
lations and rules, and issue from time to time such instructions, not
inconsistent with law, as he shall deem best calculated for carrying
Master of vessel,
knowingly bring-
ing Such emigrant
laborer, guilty of
misdemeanor, pun-
ishable by fine or
imprisonment.
Ibid., Sec. 4.
Foreigners tem-
porarily residing
in the United
States may engage
other foreigners as
private secretaries,
Servants, etc.
Skilled work-
man in foreign
countries may be
engaged to per-
form labor in any
new industry not
established in the
United States.
Provºso.
Artists, lectur-
ers, servants, etc.,
excepted.
Proviso, as to
assisting relatives
and friends.
Ibid., Sec. 5.
Laws conflict-
ing herewith, re-
pealed.
Ibid., sec. 6.
Contracts with
State officers to
take charge of im-
migration.
Examination of
ships.
Prohibited per-
sons not to be
landed.
24 Stats., 414.
Sec. 6, Feb. 23,
1SS7.
Rules, etc., to be
prescribed by Sec-
retary of the
Treasury,
46 CHAPTER II.-ALIENS.
24 Stat., 415, out the provisions of this act; and he shall prescribe all forms of
Ibid., sec. 7, bonds, entries, and other papers to be used under and in the enforce-
ment of the various provisions of this act. *
Return of pro- SEC. 14. All persons included in the prohibition in this act, upon
* Persons arrival, shall be sent back to the nations to which they belong and
from whence they came. The Secretary of the Treasury may desig-
nate the State board of charities of any State in which such board
shall exist by law, or any commission in any State, or any person or
persons in any State, whose duty it shall be to execute the provisions
Compensation. of this section and shall be entitled to reasonable compensation
therefor to be fixed by regulation prescribed by the Secretary of the
Treasury. The Secretary of the Treasury shall prescribe regulations
for the return of the aforesaid persons to the countries from whence
they came, and shall furnish instructions to the board, commission,
or persons charged with the execution of the provisions of this sec-
*- - tion as to the time of procedure in respect thereto, and may change
Expenses of re- such instructions from time to time. The expense of such return of
turn. the aforesaid persons not permitted to land shall be borne by the
Ibid. sec. S. T owners of the vessels in which they came. And any vessel refusing
3 to pay such expenses shall not thereafter be permitted to land at or
clear from any port of the United States. And such expenses shall
- be a lien on said vessel. That the necessary expense in the execu-
Appropriation, tion of this act for the present fiscal year, shall be paid out of any
money in the Treasury not otherwise appropriated.
Conflicting laws SEC. 15. All acts and parts of acts inconsistent with this act are
repealed. hereby repealed. - >
Ibid., sec. 9. Ibid., Sec. 10. -
SEC. 16. This act shall take effect at the expiration of thirty days
after its passage. [See next section of this chapter.] -
Return of im- SEC. 17. The act approved February twenty-third, eighteen hundred
migrants illegally and eighty-seven, entitled “An act to amend an act to prohibit the
landed. importation and immigration of foreigners and aliens under Con-
Oct. 19, 1888, 25 tract or agreement to perform labor in the United States its Terri-
Stat., 566. tories, and the District of Columbia,” is hereby, so amended as to
‘24 Stat., 414, authorize the Secretary of the Treasury, in case he shall be satisfied
that an immigrant has been allowed to land contraly to the prohi-
bition of that law, to cause such immigrant within the period of one
year after landing or entry, to be taken into custody and returned
to the country from whence he came, at the expense of the owner
of the importing vessel, or, if he entered from an adjoining country,
at the expense of the person previously contracting for the Services.
Allowancetoin- SEC. 18. The act approved February twenty-sixth, eighteen hun-
ſº º Yº dred and eighty-five, entitled “An act to prohibit the importation
...nº.w..." and migration of foreigners and aliens under contract or agreement
$51 c º to perform labor in the United States, its Territories, and the District
'83 Stat., 333, of Columbia,” is hereby amended so as to authorize the Secretary
of the Treasury to pay to an informer who furnishes original infor-
mation that the law has been violated such a share of the penalties
recovered as he may deem reasonable and just, not exceeding fifty
per centum, where it appears that the recovery was had in conse-
quence of the information thus furnished.*
...What lands for SEC. 19. That any foreigner may, by deed or will hereafter to be
º *y in made, take and hold lands within that part of the said territory
€TIU. which lies within this District [state, in the same manner as if he
* An alien woman marrying a citizen of the United States thereby becomes a citizen; 6 D. C. Rep., 191,
Owen vs. Kelly; ibid., 7 Wallace Rep., 496.
f’
CHAPTER III.-ANIMALS. 47
N.
was a citizen of this District [state, and the same lands may be con- , Md. agt 1791,ch.
veyed by him, and transmitted to, and be inherited by, his heirs or *, ºilº 321
relations, as if he and they were citizens of this District [state] : i.e. 272.
Provided, That no foreigner shall, in virtue hereof, be entitled to Sprattvs.Spratt,
any further or other privilege of a citizen.” 1 Peters Rep., 349;
Geoffroy vs. Riggs,
*This section is operative only so far as vested rights are concerned. 7 Mackey Rep.,
- - 331; Ibid, 133. U.
S. Rep., 258.
CHAPTER THREE.
ANIMALS.
Sec. Sec.
1. Dog tax to be levied and collected. 12. Fences to be 5 feet high. Horses to be
2. Tax-tags; record of; copy of record. kept inclosed. Domestic animals,
3. Dogs without tag to be impounded; ordinances in relation thereto.
if not released by owner to be Goats and geese, Ordinances in
killed, etc. relation thereto.
4. When dogs are personal property. 13. Horses breaking inclosures, when
With tag attached may run at may be killed.
large. 14. Horses not to be killed except when
5. When owner is liable for damage on killers ground. -
done by registered dog. 15. Animals trespassing, if owner be un-
6. Duty of owners of dogs. Penalty for known, to be posted, etc. -
not obtaining tax-tag. Penalty for | 16. Unlawful taking of horses and
using tax-tag without license. working same subject to forfeit,
7. When all dogs shall be muzzled or etc. - -
impounded. 17. Stallions to be kept inclosed; when
8. Penalty for removing dog collar, etc. . . they may be impounded, etc.
Penalty for molesting led dog. 18. Stallions may be killed when loose,
9. Penalty for permitting dangerous etc.
dogs to go at large. 19. Penalty for other than owners of
10. Repeal. - - * - land keeping brood mares. How
11. How lost or stolen dogs may be re- recovered. Rules for impounding
covered. Penalty for stealing dogs. animals to be made by Commis-
Dogs are personal property. Pen- sioners of the District, of Columbia.
alty for killing a licensed dog by Cows and other animals for
police officer or other person. Pen- slaughter. (Note.)
alty for allowing bitches in heat to -
run at large. Hydrophobic dogs.
DOGS.
SEC. I. There shall be levied a tax of two dollars each per annum Dog tax to be
upon all dogs owned or kept in the District of Columbia; said tax to levied and col.
be collected as other taxes in said District are or may be collected, lected.
June 19, 1878.20Stat., 178, ch. 323, sec. 1, 1 Sup. R. S., 374, 1 MacArthur Rep.
53, Mayor vs. Meigs. -
SEC, 2. It shall be the duty of the collector of taxes, upon receipt Tax-tags.
of said tax, to give to the person paying the same, for each dog so
paid for, a suitable metallic tag, stamped with the year, showing Record.
that Said tax has been duly paid; and he shall keep a record of all
such payments, with the date thereof, and the name, color, and sex Evidence of pay-
of such dog, and the name of the person claiming any dog so paid for; ment.
and a copy of such record, certified under the hand and official seal ºrbid.;
of the said Collector, which shall be given to any person demanding ... sov. -.
the same, upon payment of twenty-five cents therefor, shall be prima-
facie evidence of such payment in any court of the District of
Columbia. - -
SEC. 3. The poundmaster of the District of Columbia shall, during ºw º º
the entire year, seize all dogs found running at large without the pounded; if not
*-
48
CHAPTER III.-ANIMALS.
released by owner,
etc., to be killed,
etc. -
Ibid., sec. 3.
When personal
property, etc.,
with tax-tag at-
tached, may run
at large.
Ibid., Sec. 4, p.
174.
When Owner
liable for damage
done by registered
dog.
tax-tag, issued by the collector aforesaid, attached, and shall impound
the same; and if, within forty-eight hours, the same are not redeemed,
by the owners thereof, by the payment of two dollars, they shall be
sold or destroyed, as the poundmaster may deem advisable; and any
sale made by virtue hereof shall be deemed valid to all intents and
purposes in all the courts of the District of Columbia.”
SEC. 4. Any dog wearing the tax-tag hereinbefore provided for
shall be permitted to run at large in the District of Columbia, and
shall be regarded as personal property in all the courts of Said
District ; and any person injuring or destroying the same shall be
liable to a civil action for damages, which, upon proof of Said injuring
or killing may be awarded in a sum equal to the value usually put
upon such property by persons buying and Selling the same, subject
to such modification as the particular circumstances of the case may
make proper.
SEC, 5. Any person Owning any dog SO recorded in the collector's
office shall be liable to a civil action for any damage done by said
dog to the full amount of the injury inflicted. 'N,
Ibid., sec. 5, 5 Mackey Rep., 518, Murphy vs. Preston.
Duty of owners
of dogs.
Penalty for not
obtaining tax-tag
and for using
same with out
license.
Ibid., sec. 6.
When all dogs
shall be muzzled
or be impounded.
Ibid., sec. 7.
Penalty for re-
moving collar, etc.
Penalty for mo-
lesting led dog.
Ibid., sec. 8.
Penalty for per-
mitting dangerous
dogs to go at large
etc.
SEC. 6. It shall be the duty of any person Owning or possessing a
dog to place, or cause to be placed and kept, around the neck of such
dog, a collar, on which shall be marked and engraved, in legible
and durable characters, the name of the owner or possessor, and the
letters “D. C.”, and to which collar must be attached the insignia or
tax-tag furnished by the District tax-collector, in accordance with
the first and second sections of this law, under the penalty of not less
than five nor more than ten dollars; and if any person shall put, or
cause to be put, a collar, with the insignia or tax-tag, around the
neck of any dog owned or possessed by any person or persons residing
in the District, without having obtained a licence for keeping such
animal, he, she, or they shall forfeit and pay the sum of not less than
five nor more than ten dollars for each and every offense.
SEC. Y. Whenever it shall be made to appear to the Commissioners
that there are good reasons for believing that any dog or dogs within
the District are mad, it shall be the duty of the Commissioners to
issue a proclamation requiring that all dogs shall, for a period to be
defined in the proclamation, wear good, substantial muzzles securely
put On, so as to prevent them from biting or Snapping; and any dog
going at large during the period defined by the Commissioners with-
out such muzzle shall be taken by the poundmaster and impounded,
subject to the provisions of section three.
SEC. 8. Any person who shall remove, or cause to be removed, the
collar and insignia or tax-tag from the neck of any dog, or entice
any properly licensed dog into any inclosure for the purpose. Of
taking off its collar or insignia, or shall for such purpose decoy or
entice any animal out of the inclosure or house of its owner or pos-
sessor, or shall seize or molest any dog while held or led by any
person, or shall bring any dog into the District for the purpose of
taking up and killing the same, shall forfeit and pay a sum of not
more than twenty dollars.
SEC. 9. If any owner or possessor of a fierce or dangerous dog per-
mit the same to go at large in the District of Columbia, to the danger
or annoyance of the inhabitants, he shall forfeit and pay, for the first
* For cruelty to animals see title Washington Humane Society, also act of Congress June 25, 1892,
§§#. I). º 27 Statutes at Large, Sale of animals, money received for, how deposited, 25, Statutes.
p. 328, Sec. 3,
CHAPTER III.-ANIMALS.
49
offense, ten dollars; for the second, a sum not exceeding twenty
dollars; and upon a third conviction for the same offense, the Com-
missioners shall immediately cause the dog, upon account of which
the conviction takes place, to be slain and buried. . . .
SEC. 10. That all acts or parts of acts now in force in the District
of Columbia inconsistent with the provisions of this act be, and the
same are hereby, repealed.
SEC. 11. Owners of dogs who have complied with all the require-
lments of existing laws relating to dogs, and those which may here-
after be passed, shall be entitled to recover, upon proper proof of
ownership before the Police Court, or other court of this 1)istrict,
any dog which may have been lost or stolen; and any person or per-
sons who may be convicted of stealing a dog or dogs shall be liable
to a fine of not less than five nor more than fifty dollars, with all
costs of trial; and from and after the passage of this act dogs shall
be deemed and held to be personal property. * -
Ibid., sec. 9.
Repeal.
- Ibid., sec. 1().
Owners of dogs
who have com-
plied with laws
relating to dogs
entitled to re-
cover, by legal pro-
ceedings, any dog
which may have
been lost or stolen.
Penalty for
Stealing a dog.
Dogs hereafter
to be deemed per-
sonal property.
Leg. Assembly, Jan. 19, 1872, sec. 1, ch. 36, p. 68.
HORSEs.
SEC. 12. All enclosures by fences or otherwise, within the inten-
tion of this act hereinafter mentioned, shall be five foot high; and from
and after the first day of May till the next tenth day of November
next, and so yearly and every year, all owners of any horse or horses,
mares, colts and geldings, shall and are hereby obliged to keep all
such horse or horses, mares, colts or geldings, within good and suf-
ficient enclosures, fenced grounds or pastures, upon the pains and
penalties hereafter following. { -
SEC. 13. If the owner or Owners of any such horse or horses, mares,
colts or geldings as aforesaid, shall omit to take up, drive in, and
keep up all such horses, mares, colts or geldings, and that such
horses, mares, colts or geldings, shall break into the pastures, corn
fields, or other enclosures of any inhabitants within this District [pro-
vince, within the time by this act limited as aforesaid, the said owner
or owners thereof having notice or warning thereof given him, her or
them, two several times by the party grieved, and notwithstanding
Fences shall be 5
feet high ; owners
of horses to keep
same in in clos-
ures.
Md. act 1715, ch.
31, sec. 1.
1 Kilty, 117.
1 Dorsey, 17
Thomp. Dig.243.
Horses, etc.,
breaking inclo-
Sures, etc., when
may be killed.
Ibid., sec. 2.
the Owner or Owners of such horse or horses, mares, colts or geldings
as aforesaid, neglecting to perform what is by this law enjoined and
required, that then it shall and may be lawful for the person grieved
and damnified, to shoot, kill or destroy any such horse or horses,
mares, Colts or geldings as aforesaid.
SEC. 14. No person whatsoever, though grieved or damnified, shall
presume to shoot, kill or destroy any such horse or horses as afore-
said, except upon his, her or their proper enclosed grounds, within
his, her or their lawful possession, by lease for years, yearly rent,
or other lawful tenure, upon the penalty of paying the owner thereof
the full value of such horse, gelding, mare or colt so killed or
destroyed, to be recovered by action of trespass, or action on the
case, in any [county] court of this District [province.]
SEC, 15. Whenever any horse, mare or gelding, shall breakinto any
corn-field, or other enclosure, and the owner be not known, that then,
*Any police officer or other person in the city of Washington who shall kill any properly licensed,
gollared, etc., dog, shall forfeit and pay a sum of not less than five nor more than twenty dollars,
Webb's Digest, p. 123–124, part of sec. 7. Ordinance of Jan. 14, 1858.
Owners or possessors of a female dog likewise prohibited from permitting such dog to run at large
while in heat, under penalty of forfeiting ten dollars. Ibid., sec. 9.
See board of health ordinance in regard to hydrophobic dogs, sec. 25. Nov. 19, 1875, 1 Sup. R. S., 577.
f For ordinance of the board of health in relation to impounding domestic animals in Washington
and Georgetown. May 19, 1871. See 1 Sup. R. S., 577-578.
For Washington ordinances in relation to goats and geese.
See Webb's Digest, p 219, secs. 22 and 20.
4. C S . . .” -
Not to be killed
except when upon
killer's ground.
Ibid., sec. 3.
Animals tres-
passing if owner
5()
CHAPTER III.-ANIMALS.
be unknown to be
posted, etc.
Ibid., sec. 4.
Unlawful tak-
ing of horses and
working same
subject to forfeit,
etc.
Ibid., sec. 5.
Stoned horses to
be kept inclosed;
when may be im-
pounded, etc.
Ibid., sec. 12.
Stoned horses
may be kille d
when loose, etc.
Ibid., sec. 13.
Penalty for
others than own-
ers of land keep-
ing brood mares.
and in all such cases, it shall any may be lawful for the party
aggrieved to take up such horse, mare or gelding so trespassing, and
the same to carry before the next magistrate, who shall be obliged
to take an account of the marks of such beasts, both matural and arti-
ficial, which the person aggrieved shall set up in the most public
places in the same county; and, until the Owner shall be known, it
shall and may be lawful for such injured person, to use and employ
such horses, mares and geldings, without incurring the penalties in
this act hereinafter imposed, not injuring such beast by any careless
or wilful means, which beast shall be delivered in good order to the
person owning the same, proving his property, by the testimony of
one witness, before any magistrate.
SEC. 16. Whosoever shall unlawfully, and without the knowledge
and consent of the owner, take another man’s horse, mare or gelding,
and the same keep One hour in his possession, (except such horse,
mare, or gelding, be found a trespassing as aforesaid, and the owner
not known,) and such horse, mare or gelding, shall, without consent
aforesaid, occupy in any labour or travel, shall not only pay dam-
ages to the owner, but shall forfeit and pay the sum of five hundred
pounds of tobacco [$8.33%) One half to the informer, the other half
to the party grieved, to be recovered in any county court of this Dis-
trict [province] by action of debt, bill, plaint or information, wherein
no essoin, protection or wager of law to be allowed.
SEC. 17. All stoned horses shall be kept within good sufficient
enclosures; and in case any stoned horse or horses that have been
taken up and broke fit for use shall happen to be found loose, and
out of such enclosures, it shall and may be lawful for any person or
persons whatsoever to take up and impound, or cause to be taken
up and impounded, in Some Open pound, and there to detain him,
on the risk of the Owner thereof, or cause him to be so detained,
until the owner Or owners of such horse, having speedy and con-
venient notice of such impounding, shall satisfy unto the person so
impounding, or causipg Such horse to be impounded, the sum of
five shillings, or sixty pounds of tobacco [$1].
SEC. 18. In case any stoned colt above eighteen months old, or
stoned horse unbroke, shall, at any time after the end of this present
session of assembly, be found loose in the woods, or out of such
enclosure, it shall and may be lawful for any person whatsoever, to
shoot or otherwise kill and destroy such horse or colt, without being
accountable or answerable to the owner or owners of such horse or
colt, or any other person or persons whatsoever, in any action or
suit whatsoever; and in case any person or persons shall at any
time be sued for any such shooting, killing or destroying as afore-
said, it shall and may be lawful for such person to give this act in
evidence upon the general issue, any law, statute or custom to the
contrary notwithstanding. •.
SEC. 19. It shall not be lawful for any person, not having land of
his own, nor renting a plantation, to keep any breeding mare or
mares in the woods, upon the penalty of six hundred pounds of
tobacco [$10.] for every breeding mare by such person owned and
kept, the One-half of which fines to go to his majesty, towards de-
fraying the county charge where such offender shall reside, the
Other half to the informer, or him or them that shall sue for the
Same, to be recovered by action of debt, bill, plaint or information,
wherein no essoin, protection or wager of law to be allowed.*
* See sec. 837, R. S. D. C., as to recovery and distribution of fine.
fBy 21 Stat., 35, June 27, 1879, 1 Sup, R.S., 495, the Commissioners of the District of Columbia were
authorized to make rules for impounding domestic animals. Dennison vs. Gavin, 3 McA., Rep., 267.
Rules for im.
pounding animals
to be made by
Commissioners of
District of Colum-
bia. f
Ibid., sec. 14.
Cows and animals intended for slaughter: For ordinances of the city of Washington in relation
thereto, See Webb's Digest p. 5, 119, 120, Ibid., p. 218, Sec. 17, as to animals having infectious diseases.
CHAPTER IV, -APPRENTICES.
CHAPTER FOUR.
APPRENTICES.
SeC. Sec.
1. Justices may bind out orphan chil- 9. Not to be carried out of the District.
dren. 10. Widow may assign apprentice, etc.
2. Pauper children may be bound, as. 11. Judge may appoint three persons to
3. Any father may bind out his chil- assess widow’s rights in appren-
dren. tices.
4. Manufacturer, etc., may take chil- 12. Apprentice shall continue at his
dren, etc. - - - home, etc.
5. Justices, on petition may inquire, etc. 13. Master may apply to court, etc.
6. Penalty for concealing or aiding run- || 14. Two justices may bind out any child.
away apprentices. 15. Fees of justices in such cases.
7. Master, etc., may be summoned, etc. 16. Penalty on persons harboring ap-
8. Apprentice may be adjudged to serve. prentices.
SEC. 1. The justices of the several and respective Orphans courts’, Justices may
shall and may bind out as an apprentice every orphan child, (the biº ºut orphan
increase or profits of whose estate, whether real or personal, is or are children. -- - - - -
not sufficient for maintenance, support or education, of the said child,) Md. act 1793,ch.
to some manufacturer, mechanic, mariner, handicraftsman, or other 4º. 1,
person, at the discretion of the said justices, until such Orphan child, ; *...*so
if a male, shall arrive to the age of twenty-One years, Or if a female, 295. y, 294.
to the age of sixteen years; and the said justices are hereby directed, 68 Md. Rep., 64.
in all cases where they can, to make it a part of the contract on the Baker vs. Lauter-
part of the master or mistress of such apprentice, that he or she shall º
give such orphan child reasonable education in reading and writing,
or in reading, writing and arithmetic, to be particularized therein,
and also teach such orphan, especially if a male, Some useful art or
trade, and in all cases supply suitable clothing and maintenance;
and the said justices shall and may also bind out as apprentices, such
children as are suffering through the extreme indigence or poverty
of their parents, also the children of beggars, and also illegitimate
children, and the children of persons out of this state, where a suffi-
cient sustenance is not afforded, in like manner, and on like terms:
Provided always, That when any child is about to be bound out, the
parent or parents of said child, if living in the county, shall be sum-
moned to appear before the said justices, and the inclination of the
said parent or parents so far as is reasonable, shall be consulted in
the choice of the person to whom the said child shall be bound out :
Amd provided always That when any child shall be before the court
for the purpose of being bound out as an apprentice, if any relation
or other person will, with good and sufficient Security, enter into bond
in the penalty of one hundred pounds, [$266. Él for the due and com-
fortable maintenance, and for the providing sufficient and proper
clothing for such child till of age as aforesaid, and also for the reason-
able schooling and education of such child, then the court shall not
proceed to bind out such child as aforsaid.
Pauper children
may be bound as
apprentices, etc.
Ibid., sec. 3.
2 Kilty, 429.
1 Dorsey, 296.
SEC. 2. Any one or more of the justices of the peace may take any
child or children, who is or are destitute, or suffering for want of
support, or the child or children of beggars, and place the same in
the care of some proper person or persons until the next meeting of
the orphans court, when the said child or children shall be bound
out as apprentices by the said Orphans court as aforesaid; [and in
such case it shall and may be lawful for the said orphans court to
make such an allowance as to them shall seem reasonable for the
expense incurred by supporting as aforesaid the said child Or children,
and the same shall be levied on and paid by the county to which
such child or children shall belong, except the person or persons who
52 CHAPTER Iv.–APPRENTICES.
*
have had the care of such child or children, or some other person or
persons can be found who will agree to take the said child or children
as an apprentice or apprentices as aforesaid, and pay the expense
incurred as aforesaid.]* - ".
jºy fatherº SEC. 3. That any father may bind out his child as an apprentice,
ºd out his child, on reasonable terms for any time not longer than till the full age of
*... . . . . . Such child; that is to Say, boys to twenty-one, and girls to sixteen
#.º * years of age, and that the terms of such apprenticeship, with the
j6, age of the apprentice, shall be contained and expressed in an inden:
*” ture, under the hand seal of the father and master; and that the said
*. indenture shall be lodged by the said master with the register of the
Orphans court of the county where such master resides, within thirty
days after the execution thereof, under the penalty of three pounds
current money, [$8] to be recovered from º, by indictment in
the [county Court Orl criminal court [of said county, and to be applied
to the use and benefit of the poor of said county;] and the register
Of the said orphans court shall and he is hereby obliged to receive
and record the said indenture, and he shall be allowed the sum of
three shillings current money for each and every indenture so
recorded, to be paid by the said master. [9837, R. S. D. C.
Manufacturer, SEC. 4. That it shall and may be lawful for any manufacturer or
tº * *P mechanic to take as an apprentice any male child until he shall
* * . . arrive at the age of twenty-one years: Provided always, That the
Ibid., sec.6. ... contract so made shall specify the age of the child at the time of mak-
º * ing the said contract, and that the parent or parents of such child,
*** if living, or if an orphan, the orphans court of such county as the
child shall reside in, shall see the contract within two months after
its execution, and notify their approbation.thereof by an endorsement
on the same, and that then the said contract shall be recorded among
the records of the orphans court, and the sum of three shillings shall
be paid by the master of the said apprentice therefor, and when so
recorded the said contract shall be of the same validity as if the
same had been originally made with the parents of the said child,
or with the Orphans court.
Justices, on pe. SEC. 5. Whereas by reason of the inaccuracy of apprentices'
tition, , may in contracts, disputes frequently arise between the parties, Be it emacted,
quire, etc. That the justices, on the petition in writing, of any master or mis-
Ibid., Sec. 7, tress of any apprentice so as aforesaid bound out, shall and may
2 Kilty, 430. inquire into, hear and determine, any and every dispute that may
... Dorses, *" arise on any contract or agreement so as aforesaid made; and if it
shall appear to the said court, that the said contract has been violated
on the part of the master or mistress, or that the complaint of such
apprentice so petitioning as aforesaid is well founded, the said court
may proceed to fine the said master or mistress according to the
offence, a sum not exceeding ten pounds current money [$26.66%) for
the first offence, for the second offence any sum not exceeding twenty
pounds current money; and the said county, or criminal court
may, in their discretion, discharge any apprentice because of impo-
sition, or of the ill behaviour of the master or mistress, or of the
hardness or unreasonableness of the terms of the contract, and shall
provide for the said apprentice a new master, of the same trade or
occupation with the first, and if the original contract was hard and
unreasonable, such new contract shall be made as the Court shall
direct; which new master shall be bound to do and perform the
contract in the same manner that the Original master Ought to have
done, and shall also pay unto the Original master of said apprentice
such sum of money as shall be adjudged reasonable by any two or
º see sec. 995 R. s. D. c. 2 Sup. R. S., p. 103, sec. 12, when trustees of Reform School may appren:
tice boys. }
CHAPTER IV.-APPRENTICES.
three persons of the same trade or Occupation, to be appointed by
the court before which court the change of the master shall be made;
and the said county or criminal court shall and may, upon the
etition of the master or mistress as aforesaid, discharge him or her
‘rom his or her contract, because of an incorrigible temper, or of the
ill behaviour of the apprentice; and in case the contract, whether
defective in form or not, hath been partly executed, the said “ ”
* court may award and compel the terms, or any part of the terms,
to be performed by the master or mistress, or by the apprentice, as
justice and equity may require; and the master or mistress of any
apprentice may detain the said apprentice in his or her service till
such apprentice is or shall be discharged by the court aforesaid; and
the said master or mistress may maintain such action against Stran-
gers, as if such apprentice had been legally bound to serve; and if
any apprentice shall abscond or run away from his master or mis-
tress, or in any other way absent himself from the service of said
master or mistress, the court may, during the whole of the remainder
of the time which such apprentice hath to serve, or at any time
within three years thereafter, award such compensation to be made
by such apprentice to his master or mistress aforesaid, either by
service or by payment of money, as justice and equity may require,
and may enforce payment of the money so awarded by an attachment
of contempt against his person, or fieri facias against his goods.
SEC. 6. That if any person or persons shall conceal, harbor, Or in
any way promote or facilitate the running away of apprentices, he,
she or they, shall be subject to the same fines and penalties as the
harbourers of servants now are subject to by the laws of this state.
- [See last section of this chapter.
/
Penalty for coll-
cealing or aiding
runaway appren-
tices.
Ibid., sec. 8.
2 Kilty, 430, 1 Dorsey, 298.
SEC. 7. That any judge or justice of the peace, when he shall
receive good information, or upon his own observation of cruel or
improper usage from any master or mistress before him, and may
require and take a recognizance of such master or mistress, with
reasonable and proper security, to be forfeited in case the said master
or mistress shall not appear at the next court, to answer and abide
the determination of the said court upon any complaint that may be
exhibited by such apprentice, Orin default thereof may takeaway such
apprentice from his master or mistress, and place the said apprentice,
so cruelly used, under the care of some other proper person, who shall
be bound to have the apprentice before the next court, to abide such
determination as shall be made. -
SEC. 8. That if any apprentice shall be convicted of any offence,
in consequence of which judgment shall be entered against him for
any fine Or penalty, and costs, the court by which such judgment
shall be ºd. shall adjudge, and enter on their records, the time
for which such apprentice shall serve his or her master or mistress,
after the expiration of his or her apprenticeship, in case the said
master or mistress will pay the said fine or penalty, or costs, and
if the said master or mistress pay the said fine and penalty, and costs,
the said apprentice shall be obliged to serve during the time adjudged
by the said court.
SEC. 9. That no master or mistress of an apprentice, bound out,
shall send or carry his or her said apprentice out of the said District
[state]; and any justice of the peace, on being credibly informed, or
having from his own observation good reason to suspect that any
master or mistress designs to carry or remove his or her apprentice
Out of this District [state, except mariners, shall require, demand
and take recognizance of such master or mistress, with reasonable
M as ter, etc.,
lm a y be su lal –
moned, etc.
Ibid., sec. 9.
2 Kilty, 430.
1 Dorsey, 299.
Apprentice may-
be adjudged to .
Serve, etc.
Ibid., sec. 10.
2 Kilty, 430,431.
1 Dorsey, 299.
Not to be carried
out of the State.
etc.
Ibid., sec. 11.
2 Kilty, 431.
1 Dorsey, 299-
54
CHAPTER Iv.–APPRENTICES.
Widow may as-
sign apprentice,
etc. &
Ibid.,sec. 14.
2 Kilty,431.
1 Dorsey, 300.
Judge, etc., may
appoint three per-
sons, etc.
Ibid., sec. 15.
2 Kilty, 431.
1 Dorsey, 300,
301.
Apprentice shall
continue at his
home, etc.
- Ibid., SeC. 16. --
2 Kilty, 431.
1 Dorsey, 301.
and proper security, to be forfeited in case he or she shall directly
or indirectly remove or carry such apprentice Out of this District
[state]; and on such master or mistress' refusal to enter into recog-
nizance, with security as aforesaid, such justice shall discharge such
apprentice from his or her master, and provide another master, as
heretofore directed by this act.
SEC. 10. Whereas apprentices are not, nor is it intended that they
should be, assignable, and on the death of the master, the appren-
tice, although he has been maintained and considerably advanced in
the art of his trade, is either bound out to a new master, who derives
an immediate profit from his skill and labour, or is suffered to go at
large, and it is reasonable that the widow of the deceased master, if
he leave any, should derive some benefit from the expense, care and
instruction, given the said apprentices, Be it emacted, That the widow
of any master of a male apprentice, bound agreebly to the directions
of this act, whose time shall not have expired at the death of his
master, may, with the approbation of the Orphans court, if the said
apprentice was bound by the court, or if the said apprentice was
bound by his father, with the approbation of the father, assign the
whole residue of the contract, on such consideration as she may
agree for, to some other person of the same trade with the first mas-
ter, and the new master and the apprentice, shall be bound to per-
form the residue of the contract, as if the new master had been an
Original party thereto ; and the gratuity or consideration, if any,
received by the widow for such apprentice’s time, shall be to her
own use, and shall not be considered as assets of the deceased hus-
band; and where female children are bound out to married men, as
the qualities of their wives make a leading motive for such prefer-
ence, and the girls are chiefly benefitted by the care of the wives,
such apprentice girls shall serve out the residue, of their time with
the widow, on the death of the husband, and the widow shall make
good, and strictly comply with, the terms of the contract made with
her deceased husband; but if the widow shall not think proper to
keep such apprentice girl, then the said widow shall carry the said
apprentice to the orphans court and deliver her up, when she shall
be again bound out as heretofore directed by this act.
SEC. 11. That in every case where the consent of the father cannot
be obtained by the widow of any deceased master to assign the resi-
due of the contract of any apprentice, that it shall and may be law-
ful for any judge, or any two justices of the peace in the county
where the deceased master did last reside, to appoint three persons
of the same trade or occupation with the deceased master, any two
of which shall have power to value, upon oath or affirmation, the
residue of the contract, and the father may make his election, either
to pay the widow of the deceased master such valuation, or the
widow shall have power to make the assignment without his consent,
of the residue of the indenture, with the approbation of the Orphans
Court. -
SEC. 12. Whereas it often happens, that immediately after the
decease of the master of any apprentice, the apprentice leaves his
home and employment without any license or authority, not only to
his own injury, but also to the detriment of society, Be it emacted,
That every apprentice, whose master shall die and leave a widow,
shall continue at his home and business, as well after as before the
death of his master, and shall be subject to the control and directions
of the widow, until Order be taken therein by the court, Or justice
aforesaid; and the said court or justice, as aforesaid, shall have power
and authority to continue any apprentice so long as they or he shall
be satisfied that the widow hath it in her power to, and doth, fulfil, the
CHAPTER V.—ARBITRATION AND AWARD. 55
contract made with her husband ; and the harbourer or harbourers
of any apprentice or apprentices before they are discharged as afore-
said, sha | be considered, and shall suffer the same penalties, as the
harbourer or harbourers of servants are liable to under the laws of , /
this District [state]. - - &
SEC. 13. That éither the master or apprentice, upon a petition Master, etc.,
being filed, may apply to the court for the benefit of a trial by jury, º to the
and that the court shall thereupon charge, as the law directs, the * *
attending jury, to determine each and all of the allegations con- bid; seº.17.
tained in the said petition, which may be controverted, any law or #. *; *.
usage to the contrary notwithstanding. - I LOrsey, 5U1.
*
SEC. 14. That at any time, when the orphans court be not in ses- TWQ.j}stices
sion, any two justices of the peace of such county shall and they º: Out any
are hereby empowered to bind out as an apprentice any child which 3 * * ~ *
the said court may lawfully bind out, subject to the terms, regula- ...Mºl, act 1794, ch.
tions, and restrictions prescribed by the act to which this is a supple- *, # 497
ment: Provided always, That the contract of apprenticeship so made 1 Bºy. 306.
shall be approved and recorded agreeably to the sixth section of the ºf *
said law.
SEC. 15. That the said two justices shall each have one quarter of . Their allow -
a dollar for every contract of apprenticeship made before them as *.
aforesaid, to be paid by the master. Ibid., sec. 2.
2 Kilty, 497. 1 Dorsey, 306.
SEC. 16. That if any person or persons shall wittingly or willingly Penalty on per-
entertain any servant or servants, unlawfully absenting him, her or $9.5 hºboring
themselves from his, her or their master, or permit or suffer them apprentices.
to be about their houses or plantations, during the space of one ... Md. act 1748, ch. .
hour, or longer, such person or persons, so entertaining such serv- 1% sºft.* 97X
ant or servants, or permitting or suffering them to be about their #.*. 89
houses or plantations, shall forfeit and pay at the rate of one hun- *2v,” ov; U. v.
dred pounds of tobacco [$1.66%] for every hour each servant shall
be by him, her or them, so entertained, or permitted or suffered to
be about his, her or their house or plantation as aforesaid, to be
recovered in a summary way before a single magistrate, with costs,
if the penalty does not exceed six hundred pounds of tobacco [$10.]
and if it does exceed six hundred pounds of tobacco, then to be
recovered by action of debt, bill of indictment, plaint or informa-
tion.* [See §837, R. S. D. C.]
* This section made applicable to apprentices. Md. act 1793, ch. 45, sec. 8, 1 Dorsey, 298.
CHAPTER FIVE.
ARBITRATION AND AWARD.
Sec. - | Sec.
1. Court may give judgment upon section as to awards in orphans
award, in suits entered, when. court and references of actions.
2. Judgments on awards may be en- 5. Submission of suits to arbitration :
tered, when. procedure, etc.
3. Proviso to previous section, as to 6. Arbitration procured by undue means
death of parties to award. set aside, when encroachment by
4. Cause referred, etc., shall be con- party walls (see secs. 482–483, R. S.
tinued ; powers of court in case of D. C.), boards of trade (see secs. 613–
death of arbitrators; on refusal of 616, R. S. D. C.), railroad land dam-
arbitrators to report ; entry of judg- ages (see secs. 654–658, R. S. D. C.)
ment in cases of. See note to this *.
- & in G+ i +1-1+ or ‘tº * * & º & Court may give
SEC. 1. If any cause, instituted, or hereafter to be instituted, in judgment upon
any of the courts, shall, by rule of court, and by the consent and jºin it.
agreement of the parties thereto, be submitted and referred to the entered, when.
56
Chapter v.--ARBITRATION AND Award.
Md. act 1778, ch.
21, sec. 8.
1. Kilty, 479,
1 Dorsey, 142,
143.
When judgment
on awards may be
entered.
Ibid., sec. 9.
1 Kilty, 479.
1 Dorsey, 143.
Proviso to pre-
ceding sections as
to death of parties
to award.
Ibid., sec. 10.
1 Kilty, 480.
1 Dorsey, 143.
Causes referred,
etc., shall be con-
tinued; powers of
court in case of
death of arbitra-
tors; on refusal of
arbitrators to re-
port ; entering
ºnent in cases
OT. -
Md. act 1785, ch.
S0, Sec. 11.
2 Kilty, 63.
1 Dorsey, 233,
234.
award and arbitrament of any person or persons, it shall, and may
be lawful to and for such court to give judgment upon the award of
the person or persons to whom such submission and reference shall
be made, as of the court to which such award shall be returned, and
to award execution thereon, in the same manner as they might do
upon verdict, confession or non-Suit, and that such judgment shall
have the same effect, to every intent and purpose, as any judgment
upon verdict or confession would have. -
SEC. 2. Such award shall remain seven days in the [general] court
during their sitting, after the return thereof, before any such judg-
ment shall be entered up; and if it shall appear to the justices of the
court to which any such award shall be returned, within the respec-
tive times aforesaid, that the same was obtained by fraud or male-
practice, in or by surprise, imposition or deception of the arbitrators,
or without due notice to the parties, or their attorney on attorneys,
it shall and may be lawful for the said court to set aside such award,
and refuse to give judgment thereon.
SEC. 3. If any cause which hath been referred, or which shall here-
after be referred, by virtue of this act, either of the parties, or any
of the arbitrators to whom the same is or shall be referred, hath died,
or shall happen to die before any award was or shall be made, or
if the arbitrators, or any of them, have refused or shall refuse to
act, or if after an award made the same hath been or shall be set
aside, that then all that space of time from the impetration of the
original writ in such cause, until the death of the party or arbitrator,
or refusal to act, or setting aside such award, shall not run, be had,
reckoned or estimated, as part of the time limited for the bringing
or prosecuting such suit, and that this act shall and may be taken
advantage of, in bar of the act of limitation, without any special
replication, any thing to the contrary hereof notwithstanding.
SEC. 4. All causes referred by consent of parties and rule of court,
shall be continued until an award is returned, and if a death of either
of the parties happen before an award returned and judgment thereon,
such cause shall not abate by the death, but upon reasonable notice
to the person or persons succeeding to the interest of or respecting
the deceased in the thing or matter in contest, and not being a minor,
the arbitrators shall proceed to a determination, and return their
award, upon which judgment may be entered by the court, and such
judgment shall be good and sufficient in law, notwithstanding the
death of either of the parties; and in case any arbitrator or arbitra-
tors appointed by the parties upon any reference aforesaid should
die, or refuse to act, the court from which such cause was referred
shall, upon motion of either of the parties, appoint an arbitrator or
arbitrators in the stead of those dying or refusing to act, and any
arbitrator or arbitrators so appointed shall have the same power and
authority to decide the matter in question, as if appointed by the
parties; and if an award be not returned within eight months after
the cause may be referred as aforesaid, the court from which such
cause shall be referred may, by order, compel the arbitrators to return
their award, or give their reasons for not returning an award, or the
court may, in their discretion, upon motion of either of the parties,
reinstate the cause and take such order therein as they may think
proper, to have the same fairly tried in court, in the same manner
as if Such cause never had been referred ; and in all cases where
awards may be made upon references aforesaid, the party in whose
favor the award is given shall cause a copy thereof to be delivered
to the adverse party or his attorney, at least three days before judg-
ment is moved for upon such award, and the clerk of the court shall
not enter judgment upon any award returned without a motion to
CHAPTER v.–ARBITRATION AND AWARD. 57
and direction from the court, and the court shall always have satis-
factory proof by the party’s own Oath, or affirmation, as the case may
be, or otherwise, that a copy of the award hath been delivered to
the adverse party or his attorney as aforesaid before judgment shall be
directed to be entered on any award. *
SEC. 5. Whereas it hath been found by experience, that references Submission of
made by rule of court have contributed much to the ease of the sub-suits to arbitra-
ject, in the determining of controversies, because the parties become ºn ; procedure,
thereby obliged to submit to the award of the arbitrators, under the *
penalty of imprisonment for their contempt, in case they refuse sub- ...9 & 10 William
mission: Now for promoting trade, and rendering the awards of ſº, Sec. 1,
arbitrators the more effectual in all cases, for the final determination *śl Stat-
of controversies, referred to them by merchants and traders, or ute. Giã did.
others, concerning matters of account or trade, or other matters: 9 Gill.’ & john.
Be it enacted by ihe JCing's most Eacellent Majesty, by and with the Rep., 1, Shriver
advice and consent of the Lords spiritual and temporal, and Com- * State.
mons, in Parliament assembled, and by authority of the same, That
from and after the eleventh day of May, which shall be in the year
of our Lord One thousand six hundred and ninety eight, it shall and
may be lawful for all merchants and traders, and others desiring to
end any controversy, suit, or quarrel, controversies, suits, or quar-
rels, (for which there is no other remedy but by personal action or
suit in equity) by arbitration, to agree that their submission of the
suit to the award or umpirage of any person or persons should be
made a rule of any [of His majesty's] courts of record, which the par-
ties shall choose, and to insert such their agreement in their submis-
sion, or the condition of the bond, or promise, whereby they oblige
themselves respectively to submit to the award or umpirage of any
person or persons, which agreement being so made and inserted in
their submission or promise, or condition of their respective bonds,
shall or may, upon producing an affidavit thereof, made by the wit-
nesses thereunto, or any one of them, in the court of which the same
is agreed to be made a rule, and reading and filing the said affidavit
in court, be entered of recordin such court, and a rule shall thereupon
be made by the said court, that the parties shall Submit to, and finally
be concluded by, the arbitration or umpirage which shall be made
concerning them by the arbitrators or umpire pursuant to such sub-
mission ; and in case of disobedience to j. arbitration or umpirage,
the party neglecting or refusing to perform and execute the same, or
any part thereof, shall be subject to all the penalties of contemming
a rule of court, when he is a suitor or defendant in such court, and
the court, on motion shall issue process accordingly, which process
shall not be stopped or delayed in its execution, by any Order, rule,
command, or process of any other court, either of law or equity, un-
less it shall be made appear on Oath to such court, that the arbitra-
tors or umpire misbehaved themselves, and that such award, arbi-
tration, or umpirage, was procured by corruption, or other undue
IY1628, Il S. º
SEC. 6. That any arbitration or umpirage procured by corruption, Arbitration pro-
or undue means, shall be judged and esteemed void and of none . . .
effect, and accordingly be set aside by any court of law or equity, so ...” º
as complaint of such corruption or undue practice be made in the when.” • 3
court where the rule is made for submission to such arbitration, or -iji-j-,--
umpirage, before the last day of the next term after such arbitration ****
or umpirage made and published to the parties; any thing in this
act contained to the contrary notwithstanding. {
* As to awards under the orphans court see 1798, ch. 101: see 1 Dorsey, p. 141, 143, October, 1778,
Ch. 21, as to references of actions.
t_AS to encroachment by party walls, secs. 482, 483, R. S. D. C.; by boards of trade, secs. 613-616,
R. S. D. C.; of railroad land damages, secs. 654–658, R. S. D. C.
's CHAPTER VI.-ASSIGNMENTS.
Surety paying
obligation entitled
<to assignment and
may sue in his own
..-Ila,DO €.
Md. act 1763, ch.
:23, sec. 7.
1 Kilty, 334.
1 Dorsey, 107.
55Md. Rep., 192,
Crisfield vs. State ;
41 Ma. Rep., 571,
Martin dale, vs.
Brock.
Surety paying
judgment entitled
to assign ment
thereof and exe-
•cution.
Ibid., sec. 8.
1 Kilty, 334.
1 Dorsey, 107.
2 Mackey Rep.,
-545, Herr vs. Bar-
ber ; 3. Wheaton
Rep., 520, Lenox
vs. Prout ; 46 Mol.
Rep., 245, Wilson
vs. Ridgley ; 45
Md. Rep., 502, Mc-
Knew vs. Duvall.
:Sec. -
1. Surety paying obligation entitled to
CHAPTER SIX.
AssignMENTs.
; Sec.
2. Surety paying judgment entitled to
assignment thereof and execution.
3. Assignee of obligation may sue
obligor and obligee.
4. Oath of obligee as to payment re-
quired at time of assignment.
assignment and may sue in his
own name. Of claims against the
United States when void; by limited
partnership, when void; liability of
assignees to pay the United States.
SEC. 1. That where any person, or persons is or are bound in any
bond, or other obligation, for the payment of money, tobacco or
other goods, or endorse any bill of exchange that shall be protested,
and the money, tobacco or other goods, or such part thereof as shall
be unpaid by the principal debtor, shall be paid or tendered by the
surety or endorser, that the obligee or endorsee shall be obliged to
assign such bond, obligation or protested bill, to the Surety paying
or tendering the money, tobacco or other goods, due as aforesaid,
and that the assignee shall and may, by virtue of such assignment
and this act, have an action in his or her own name against the prin-
cipal debtor, any law, usage or custom, to the contrary notwith-
>{<
standing.”
SEC. 2. Where any person or persons hath recovered, or shall
recover, any judgment against the principal debtor and Surety, and
such judgment hath been or shall be satisfied by Sureties, that the
creditor shall be obliged to assign such judgment to the surety sat-
isfying the same, and that the assignee shall be entitled unto and have
in his own name, as assignee, the same execution against the prin-
cipal debtor, by virtue of such assignment and this act, as the cred-
itór might or ought to have had, the said, assignment being first
recorded in the same court wherein the judgment shall have been
rendered or obtained; and that where any judgment hath been or
shall be rendered against Several Sureties, and One of them hath sat-
isfied or shall satisfy the whole, the plaintiff or creditors shall be
obliged to assign such judgment to the Surety, Satisfying the same,
and that the assignee shall have and be entitled to an execution
against the other sureties against whom judgment hath been or shall
be obtained by the principal creditor, for a proportionable part of
the debt or damage paid by Such assignee, any law, usage or custom,
to the contrary notwithstanding : Provided always, That no defend-
ant or defendants shall be precluded or debarred of his or their rem-
edy against the plaintiff by audita querela, or other equiable course
or proceeding whatsoever, anything in this act to the contrary not-
withstanding.
SEC. 3. That upon all bonds, or other obligations under Seal, that
have or shall be assigned under hand and seal, the assignee shall
and may, by virtue of such assignment, maintain an action or actions
in his or her name against the Obligor Or Obligors therein named,
and if it shall happen that such obligor or obligors shall be unable
to pay the debt mentioned in such obligation, or cannot be found in
the place or county of his usual abode, or any other thing or casualty
should happen whereby the assignee should not be able to receive
or recover his debt from such obligor or obligors, that then and in
every such case the like action shall, and may be maintainable by
such assignee against the obligee or obligees in such obligation men-
tioned, in case the said assignee hath not been, nor shall be, a Surety
Assignee of obli-
gation may sue
obligor and obli-
gee. -
Ibid., sec. 9.
1 Kilty, 335.
1 Dorsey, 108.
68 Md. Rep., 443,
Talbott vs. Suit;
43 Md. Rep., 452,
-Jackson vs. My-
vers; 10 Md. Rep.,
13, Trustees vs.
it’ratt : 6 Gill. and
against the United States void unless, etc. Sec. 3477, R. S. U. S.; by limited
Assi t of claim * s ſº * * * 3.
Assignmen Assignee's liability to pay the United States; sec. 3466
partnership when void; sec. 510, R. S. D. C.
to 3468. R. S. U. S.
CHAPTER VII.—AVENUES, STREETS, AND ALLEYS. 59
in the bond or obligation assigned to him as aforesaid, any law, John. Rep., 359,
usage or custom, to the contrary notwithstanding: Provided, That º 'vs. Hoblit-
where any debt shall be lost by the negligence or default of the *
assignee or assignees, that the assignor or assignors shall not be
liable, any such assignment notwithstanding.
SEC. 4. No action or actions shall be maintained in the name or Oath required
names of any assignee or assignees upon any assignment wherein of obligee at time
the obligee or obligees may be liable under this act, upon the default of assignment.
of the obligor or obligors as aforesaid, unless the assignor or assign- Ibid., sec. 10.
ors have made or shall make oath (or affirmation if a quaker,) before 1 Kilty, 335.
Some magistrate, “that he, she or they, hath or have received no part | Dorsey, 108.
of the sum mentioned in such obligation, or but such part thereof as Fº and McH.
- & & * gº * : ... Rep., 477, Dorsey
shall be mentioned in such oath or affirmation at the time of making jºines’; ‘gººd.
any such assignment,” to be endorsed on such bond or obligation. Rep., 413,'Talbott
'vs, Suit.
CHAPTER SEVEN.
AVENUES, STREETS, AND ALLEYS.
Sec. Sec.
1. Occupation of public streets, spaces, adjoining Washington Canal; own-
and reservations prohibited for ership of the land.
private purposes; title to streets of | 16. Certain. appropriations not to imply
Washington, in the United States; future obligations.
additional telegraph, etc.; wires to 17. Rock street, Georgetown, D.C., por-
be under ground; house numbers tion of vacated.
regulated. 18. Permit work; owner to pay half; dis-
2. Railroads prohibited on streets front- cretionary with Commissioners to
ing certain squares. - order: cost of work; how appor-
3. Restrictions on location of street rail- tioned and collected.
roads. 19. Permit work; owner to pay half; dis-
4. Portions of streets and avenues may cretionary with Commissioners to
be set aside as parks. order; mode of asssessing charge;
5. Obstructions to be removed from cer- payments, when due; property sold
tain streets. for t axes.
6. Suits to enforce same to be prosecu- 20. The Commissioners to establish
ted. grades of roads, streets, etc.
7. Conditional permits to remove pave- 21. Improper appropriation of streets,
ments, etc. etc.
8. Penalty for obstructing certain 22. Commissioners to condemn and open
Streets. . roads, etc., in County.
9. Penalty for failure to replace work, 23. When alleys may be opened and con-
etc. demned.
10. Grades in vicinity of Capitol. 24. Changing alley ways in Washington
11. Street and avenue lamps to be kept City.
lighted. 25. Same: Acts of Congress relating to
12. Railroad companies using steam en- different alleys.
gines shall light streets, etc. 26. When alleys in Washington may be
13. Street lamps to be increased when Opened.
necessary; tax for same to be col- 27. When draining into sewers is
lected. required.
34. Duty of Secretary of Interior to levy | 28. Penalty for not draining into sewers.
such tax, when Commissioners fail 29. Remuneration of owner when private
to do so. sewer used.
15. Restrictions upon occupancy of land
t ; a vacavo Hº * º § º Occupation of
SEC. 1: No open space, public reservation, or other public ground pºli."...e.
in the city of Washington, nor any portion of the public streets or spaces and reser.
avenues in said city, shall be occupied by any private person, or for vations prohibited.
any private purposes whatever.” [See title, post: “Highways,” etc.) Sec. 222, R. S
D. C. MacArthur & M. Rep., 348, D. C. vs. Monroe; 7 Mackey Rep., 504, U. S. vs.
Cole. -
sº title to the streets of washington is in the United States. 114 U. S. Rep., 460, D. C. vs. B.
: P. bºy. *
The numbering of houses regulated, Webb's Digest, 283.
Additional telegraph, etc., wires to be under ground. 25 Stat., 323; 2 Sup. R. S., 597; 149 U. S. Rep.
471, St. Louis vs. Telegraph Co.
60 CHAPTER VII.-AVENUES, STREETS, AND ALLEYS.
Railroads pro: SEC. 2. All railroads are prohibited on the I-street and K-street
hºº! .º.º.º.d fronts of Farragut, Scott, and Franklin Squares.
certain squares.
Sec. 223, R. S. D. C.
Restrictions on SEC. 3. No further street-railroads shall be laid down in the city
lºº ºf street of Washington without the consent of Congress. *I
railroads. *— -
Sec. 224, R. S. D. C. . 3. -
Portions of SEC. 4. The proper authorities of the District are authorized to set
streets º, *... apart from time to time, as parks, to be adorned with shade-trees,
i. sº * walks, and inclosed with cúrb-stones, not exceeding one-half the
`-- width of any and all avenues and streets in the said city of Wash-
pº 225, R. S. ington, except Pennsylvania, Louisiana, and Indiana avenues, and
• V-/* Four-and-a-half street between the City Hall and Pennsylvania.
avenue, leaving a roadway of not less than thirty-five feet in width
in the Center of Said avenues and streets, or two such roadways on
each side of the park in the center of the same : but such inclosures
shall not be used for private purposes. . -
Officer in charge SEC., 5. It shall be the duty of the chief of engineers in charge of
ºf Pºº.º. the public buildings and grounds to cause obstructions of every kind
ings and grounds * ... & g
i.e. j to be removed from such streets, avenues, and side-walks in the city
tions to be re. of Washington, as, have been, or may be, improved in whole or in
moved from cer- part by the United States, and to keep the same, at all times, free
tain streets, etc. from obstructions. [see R. s. U.S., § 1s1s.
Sec. 226, R. S. D. C. # * - -
May institute SEC. 6. For the purposes of carrying out the provisions of the pre-
. dºi: ºr ceding section the chief of engineers shall have power to institute
.* * * suits in any court having competent jurisdiction, and it shall be the
... --> ... duty of the United States attorney for the District to prosecute the
Sec. 227, R. S. Sæ, DO €
T). C. e
May give permits SEC.7. Whenever any person desires to remove the paving-stones,
for certain pur- or to displace any other work done by the authority of the United
poses. States, for the purpose of laying gas-pipes, or for any other purpose,
Sec. 228, R. S. it shall be the duty of such person to obtain a written permit from
D. C. the chief of engineers, and such person shall oblige themselves to
replace the said work to the satisfaction of said officer, and within
such time as he may prescribe. -
Penalty for ob- SEC. 8. If any person shall place any obstruction. On the streets,
structing, certain avenues, or side-walks, so improved by the United States, such per-
streets, etc. º ing th d shall b biec
* * son shall pay the costs of removing the same, and shall be subject to
Sec. 229, R. S. a penalty of ten dollars, to be recovered as other debts are recovered
D. C. in said District, for each and every day, the obstruction may remain
after the chief of engineers shall have given notice for its removal.
Penalty for fail- SEC. 9. If any person removing the paving-stones or other work
ure º º done by the authority of the United States shall fail to replace the
...” “ same to the satisfaction of the chief of engineers, within the time
"...º., º, a prescribed by him, he shall be subject, to a penalty of twenty-five
D sº *0. R. S. dollars for each and every failure, and shall pay the costs of replacing
having competent jurisdiction.
Grades in vicin- SEC. 10. The grades of the streets and avenues in the vicinity of
ity of the Capitol, the Capitol are established in conformity with the plan approved by
Sec. 23. R. S. the mayor of the city of Washington, the Officer in charge of public
tº * > & buildings and grounds, and the Architect of the Capitol Extension,
as authorized by the joint resolution approved July fourteenth,
eighteen hundred and seventy ; and for this purpose the plan made
by William Forsyth, surveyor, dated January twenty-third, eighteen
the same, the whole to be recovered before any court in Said District
CHAPTER VII-AVENUES, STREETS, AND ALLEYS. 61
hundred and seventy-one, on file in the office of the Architect of the
Capital Extension, shall be considered authentic. - y
SEC. 11. The avenue and street lamps in the City of Washington Street and ave-
shall be kept lighted with six-feet burners twenty-one nights in each ºne, lamps, to be
month from dark until daylight. ! . kept lighted.
- - w Sec. 232, R. S. D. C.
SEC, 12. Hereafter all railroad companies using engines propelled tº...
by steam shall provide for the lighting of the streets, avenues, alleys, ...i.
and grounds through which their tracks may be laid, under the stºrs, etc. where
direction and control of the Commissioners. tracks laid.
July 1, 1882, 22 Stat., 139.
SEC. 13. The proper authorities are directed to increase from time Lights tº be in-
to time, as the public good may require, the number of street-lamps º
2 - 85 - te * : *t ...] -- 3: essary, and tax for
on any of the streets, lanes, alleys, public ways, and grounds, in the jiā.
city of Washington, and to do any and all things pertaining to the iºted."
well lighting of the city, and to levy and collect a tax from the `... is g
•. * * * a v r y- Sec. 233, R. S.
property-holders sufficient to defray the expenses thereof. D. C.
SEC., 14. In event of the failure of the proper authorities to levy , Secretary of the
and collect the tax or to light the city as directed by the two preceding º º º
sections, the Secretary of the Interior shall levy and collect such tax ...”.”.
- :--> & e º - tº gº authorities fail to
sufficient to light the city and to fully execute the provisions of the do sº.
two preceding sections.
Sec. 234, R. S.
- D. C.
THE WASHINGTON CANAL.
SEC. 15. The District authorities are not authorized to occupy nor Restrictions up;
to permit others to occupy more than forty feet for the purpose of .9°º.º.
;-- ~~ * g e sº I • *, * , 7 a rºl, S -- ~~ land a djoining
landing on any portion of either side of the Washington Canal, W.s.º.º.
extending from the Eastern Brančh to Seventeenth street west Canal. Ó ºner.
upon the plan of the city of Washington; and the land made by fill- ship of the land.
ing up said canal is declared to be the property of the United States. sec. 236. R. s.
D. C.
SEC. 16. The appropriations made by Congress for filling said canal Certain appro-
from Seventh street west to Seventeenth street west, and for the priations, not, to
intercepting Sewer along said canal, adjoining Government property, ºuture obli-
shall not be construed to create or imply any obligation on the part ºf .
of the United States, in any respect whatever, in future. pº 237, R. S.
SEC. 17. That portion of Rock street, in Georgetown, in the Dis- Rock street,
trict of Columbia, lying between Bridge street and the intersection Georgetown, D.C.,
of said Rock street with Monroe street is hereby vacated. portion of vacated.
1882,
June 27,
- ſ 22 Stat., 114.
SEC. 18. Permit work: For the improvement and repair of alleys Permit work.
and sidewalks and the construction of sewers under the permit
System, ninety thousand dollars: Provided, That the property Provisos; owner
Owners requesting such improvements shall pay one-half of the total to pay half.
cost : And provided further, That the Commissioners of the District - -
of Columbia are authorized in their discretion to order such of the
above enumerated work as in their opinion is necessary for the public Necessary work.
health, Safety, or comfort, and to pay the total cost of such work
from said appropriation, one-half of the cost of such work to charged Cost of work
against and become a lien upon the abutting property, and its collec- how apportioned
tion to be enforced in the same manner as the collection of general and collected.
taxes, and when so collected to be credited to said appropriation ; July 18, 1888, 25
and the material purchased under this appropriation shall be bought Stat. 319. ``'`
after due advertisement therefor, as required by existing law.
62 - Chapter viſ-AVENUES, STREETS, AND ALLEYS.
Permit work; SEC. 19. Permit work: For the improvement and repair of alleys.
Provisos. and sidewalks and the construction of sewers and sidewalks, of such
form and materials as the Commissioners may determine, under the
permit system, one hundred and twenty-five thousand dollars: Pro-
Qwners to pay vided, That the property owners requesting such improvements.
half. shall pay one-half of the total cost: And provided further; That the
- Commissioners of the District of Columbia are authorized in their
discretion to order such of the above enumerated work as in their
Necessary work, opinion is necessary for the public health, Safety, or comfort, and to
pay the total eost of such work from said appropriation, One half of
- the cost of such work so done, including material and labor, shall be
Mode of assess- charged against and become a lien upon the property abutting upon
ing charge. the line of such improvement, and shall be levied pro rata, according
to the lineal frontage of each lot or part of lot abutting upon such
improvement, within sixty days after making such assessment, and
in order to reimburse said appropriation so expended One-half of the
cost of such work so done, including labor and material, shall be
charged against and become a lien upon the property abutting upon
the line of the said work, and shall be levied pro-rata upon said
property, according to its lineal frontage, upon Such terms and
regulations as to notice to proprietors and the method and terms of
such notice as shall seem to the Commissioners of the District of
Columbia right and proper, due notice of such terms and regulations.
being given by publication thereof in some newspaper published in
the city of Washington for such time as said Commissioners shall
prescribe, and the one-half so charged against Such abutting pro-
Payments. #. shall be paid as follows: One-third of the amount within sixty
ays from the date of service of notice of such assessment, without.
interest; one-third within one year and the remaining third within
two years from the date of service of notice of such assessment, and
interest shall be charged at the rate of ten per centum per annum
from the date of service of such notice on all amounts shall remain
unpaid at the expiration of thirty days after the service of the notice
of such assessment: Provided, That if any property so assessed shall
Property sold for become subject to Sale for any other assessment or tax whatever,
taxes. then the assessment levied under this act shall become immediately
March 2, 1889, due and payable, and such property may be sold therefor, together
25 stat. 796. with the accrued interest thereon to the date of such sale, together-
22 Wash. Law with the costs of advertising and sale; and any property upon which
Repº 301, Allman such assessment and accrued interest thereon, or any part thereof,
*i;d., 206, Jones shall remain unpaid, at the expiration of two years from the date of
cºd.” service of notice of such assessment, shall be subject to sale therefor
Ibid., 207, Key- under the same conditions and penalties as are imposed by existing
ser vs. D. C. law for the non-payment of general taxes, and the material purchased
under this appropriation shall be bought after due advertisement
therefor, as required by existing law.
The Commis- SEC. 20. The Commissioners [Board of Public Works be, and they]
sioners to , estab are hereby, authorized to fix and establish the grades of the avenues,
lish grades of streets, and alleys of the cities of Washington and Georgetown, and
**, *, the roads of the county of Washington.
Leg. Assem., Aug. 19, 1871, sec. 1, p. 167. "See sec. 252, R. S. D. C. Provision for
permanent system of highways outside of cities, 27 Stat, L., ch, 197, Mar. 2, 1893.
Improper ap: SEC. 21. The Secretary of the Interior is directed to prevent the
º ºns * improper appropriation or occupation of any of the public streets,
e 3 vuve avenues, Squares, or reservations in the city of Washington, belong-
Sec. 1818, R. S. ing to the United States, and to reclaim the same if unlawfully ap-
Uğ. S. vs. Cole, 7 propriated;, and particularly to prevent the erection of any per-
Mackey Rep., 504. manent building upon any property reserved to or for the use of the
2 United States, unless plainly authorized by act of Congress, and to,
CHAPTER VII.—AVENUES, STREETS, AND ALLEYS."
63
report to Congress at the commencement of each session his proceed-
ings in the premises, together with a full statement of all such prop-
erty, and how, and by what authority, the same is occupied or
claimed. Nothing herein contained shall be construed to interfere
with the temporary and proper occupation of any portion of such
property, by lawful authority, for the legitimate purposes of the
United States.
SEC. 22. That said Commissioners [Board of Public Works] shall
also have power to condemn and open roads and streets in the County
of Washington in conformity with section eight of the act of Con-
gress, approved March three, eighteen hundred and sixty-three,
entitled “An act to define the powers and duties of the Levy Court
of the county of Washington, District of Columbia, in regard to
roads and other purposes.” [See § 258, R.S. D.C., also posttitle “Highways,” etc.)
SEC. 23. The Commissioners shall [Board of Public Works] be,
and they are hereby, authorized to condemn and open alleys in the
cities of Washington and Georgetown upon the presentation of a
plat of the alley to be opened, accompanied by a petition of a
majority of the property-holders interested in said alley.
Leg. Assem., Aug. 23, 1871,
SEC. 24. 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 city of Washington, 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 Commis-
sioners of said District such dedication is necessary, as alley ways,
ground owned by the petitioners in amount equal at least in area to
that of the alley-way sought to be, closed, and shall also present to
said Commissioners with said petition a correct plot of such square
or part of square signed by all 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 plot, 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 for, and opening the new alley way or ways
proposed to be substituted therefor. -
SEC. 25. The Commissioners shall cause a certified copy of the
order to be attached to the plot and delivered to the petitioners, who
may file the same for record with the recorder of deeds of the District,
who shall record the same as other instruments affecting real estate,
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 plot, each person being thenceforward the owner in
fee-simple of the parcel or parcels upon which his name shall be
marked as provided in Section one.
The new alley Way or ways,
Commissioners,
empo were d to
conde m n and
open roads and
Streets in Wash—.
ington County.
E. e.g. As Sern.,
Aug. 23, 1871, Sec-
2, p. 110.
Alleys to be con–
de m n e d a n dº
opened upon pe-
tition of majority
of property hold-
ers interested.
sec. 1, pp. 109, 110.
Changing alley--
ways, in Washing—
ton, D. C.
July 6, 1882, 22.
Stat., 151.
Copy of order-
and plot to be re-
Corded; title there-
upon vested in:
OVVIlel”.
Ibid., sec.2.
64 CHAPTER v11.-AVENUES, STREETS, AND ALLEYS.
described in said order and delineated on said plot shall thereafter
be and remain dedicated to public use as alley-ways, and like other
alleys of said City, shall be under the care and control of the City
Authorities.* . . .
Alleysin county SEC. 26. The Commissioners [Board of Public Works be, and they]
#. Xº are hereby, authorized to condemn and open alleys in the county of
jº |. ... Washington, upon the presentation of a plat of the alley to be opened,
erty-owners. " " accompanied by a petition of a majority of the property-owners in-
- - -– terested in Said alley. * - *
Leg. Assem., June 20, 1872, sec. 1, pp. 57, 58. •
Draining into SEC. 27. Any person or persons owning any lot or lots bordering
.*.* on a public or private sewer will henceforth be required to drain such
Certain cases. - g - !-- ~~ - : .
lot or lots into the sewer bordering thereon, and also drain all slops
Leg; Assem., and water-closets into such sewer whenever the Health Officer [Board
* §: * * of Health] shall decide upon the necessity for so doing.
Penalty for re- SEC. 28. If any person or persons owning such lot or lots shall
fusal. neglect or refuse to comply with the requirements of the first section
Leg. Assem., of this act, within thirty days after a written notice has been served
Aug. 31, 1871, sec. upon him or them by a member of the sanitary Metropolitan police,
2, p. 68. under authority or instruction from the Health Officer [Board of
Health, or if such lot or lots be vacant, and no Owner Or agent can
be found within the District after a written notice has been posted
upon the lot or lots for the period aforesaid by a member of said
sanitary police, then the Health Officer [Board of Health] shall cause
the said premises to be properly drained to the Satisfaction of the
Commissioners [Board of Public Works, and the cost thereof, includ-
ing the proportionate cost of such private sewer as may be thus made,
shall be chargeable to the property, and be a lien thereon, to be col-
lected in the same manner as other special taxes on real estate are
collected. . &
When private SEC. 29. Where it has been found necessary to drain into a private
i. Sewer, the party owning or constructing such private sewer shall be
tion. entitled to such remuneration as may be deemed just by the Com-
ºmissioners [Board of Public Works,) and the premises drained shall
**ś; Assemº be assessed for such remuneration, which shall be collected as pro-
* ğ. *** * vided for in section two,
*For acts of Congress relating to alleys in the following squares see : Square 762, 19 Stat. . 56;
square 751, 22 Stat., 343; square 195, 22 Stat., 40; square 234, 23 Stat., 36; square 635, 24 Stat., 23; square
; ;*: sº square 132, 25 Stat., 355; square 725, alley extended, etc., 3 Legis. Assembly, ch. 56,
une 26, 1873. . . -
CHAPTER vin-BILLS, BONDS, AND PROMISSORY NOTES. 65
CHAPTER EIGHT.
BILLS, BONDS, AND PROMISSORY NOTES.
Sec. SeC.
1. Certain inland bills of exchange may | 8. No protests necessary for nonpay- # *
be protested. ment unless bill be for £20 or more.
2. Protest or notice thereof to be given By whom protests shall be made.
in fourteen days after made. In 9. Acceptance of bill esteemed a full
default of protest, etc., person fail- payment of debt. &
ing liable in costs. 10. Proviso as to remedy against drawer,
3. Bill lost or miscarried, drawer to give acceptor, or indorser. ſ
another. 11. What shall be recovered on protested
4. Promissory notes may be assigned or bills.
indorsed and action maintained 12. Inland bills liable to protest, etc.,
theron as on inland bills of ex- || 13. What shall be recovered on certain
change. Plaintiff or defendant bills, etc.
may recover costs. 14. Plaintiff may assign many breaches
5. Corporations or bodies politic shall of bond in courts of record.
not give note. x- 15. Suits on sheriffs and testamentary
6. Party refusing to underwrite bill of bonds regulated.
exchange, such bill may be pro- | 16. In suits on bond, bill or other con-
tested for nonacceptance. tract with penalty, the jury may
"7. No acceptance of inland bills of ex- find sum due as true debt, which
change to be sufficient unless same may be pleaded and allowed to
be underwritten; nor drawer liable executors and others.
to COstS. . .
SEC. I. All and every inland bill or bills of exchange [drawn in, or ...Certain inland
dated at and from, any trading city or town, or any other place in the º § .*
Kingdom of England, Dominion of Wales, or town of Berwick "** Pº"
upon Tweed, of the sum of five pounds sterling [$13.33%) or upwards, ... 9 and 10 Wil-
[upon any person Or persons of or in London, or any other trading º º P.
city, town, or any other place] (in which said bill or bills of exchange "...'Bºº.
shall be acknowledged and expressed the said value to be received) and 633.
is and shall be drawn payable at a certain number of days, weeks, Kilty's Rep.,
or months after date thereof, that from and after presentation and *;
acceptance of the said bill or bills of exchange (which acceptance so; jº.
shall be by the underwriting the same under the party's hand, so filey, 5 Hºwari
accepting) and after the expiration of three days after the said bill Rep.,711, U.S. vs.
or bills shall become due, the party to whom the said bill or bills Bank; 4 Anne, ch.
are made pavable, his servant, agent, or assigns, may and shall 4% sº. 4%and 1%
1e payaple, & 2 ºvs wall v3 S++*-3 Y a : Alex. Brit. Stat
cause the said bill or bills to be protested by a notary public, and in gº tº • 3
default of such notary public, by any other substantial person of ``
the city, town, or place, in the presence of two or more credible
witnesses, refusal or neglect being first made of due payment of the
same ; which protest shall be made and written under a fair written
copy of the said bill of exchange, in the words or form following:
“Know all Men, that I, A. B. on the – day of at the usual
place of abode of the said - have demanded payment of
the bill, of which the above is a copy, which the said
did not pay, wherefore I the said — do hereby protest the
said bill. Dated at this — day of e -
- [Š988, R. S. D. C., Notaries Public.)
SEC. 2. Which protest so made, as aforesaid, shall within fourteen , Protest or notice
days after making thereof, be sent, or otherwise due notice shall be º begiven
given thereof to the party from whom the said bill or bills were it... **
received, who is, upon producing such protest, to repay the Said bill in default of
Or bills, together with all interest and charges from the day such protest, etc., per-
bill or bills were protested; for which protest shall be paid a sum son failing liable
not exceeding the sum of six pence; and in default or neglect of * *
Such protest made and sent, or due notice given within the days Ibid., sec. 2.
CHAPTER VIII.-BILLS, BONDS, AND PROMISSORY NOTES.
Bill lost or mis-
carried; drawer to
give another.
Ibid., Sec. 3.
Pr O m i s SO ry
notes may be aS-
signed or endorsed
and action main-
tained thereOn aS
on inland bills of
exchange; plain-
tiff or defendant
may recover COSt.
3 and 4 Anne,
ch. 9, sec. 1, A. D.
1703.
Alex. Brit. Stat.,
649,651.
Kilty's Rep. ,
245.
Cranch Rep.,
161, French vs.
Bank; 2 Peters
Rep.,590, Buckner
vs. Finley.
before limited, the person so failing or neglecting thereof, is and
shall be liable to all costs, damages, and interest, which do and shall
accrue thereby. Af 3 * *
SEC. 3. Provided nevertheless, That in case any such inland bill
or bills of exchange shall happen to be lost or miscarried within the
time before limited for payment of the same, then the drawer of the
said bill or bills is and shall be obliged to give another bill or bills
of the same tenour with those first given, the person or persons to
whom they are and shall be so delivered giving security, if demanded,
to the said drawer, to indemnify him against all persons whatsoever,
in case the said bill or bills of exchange so alledged to be lost or mis-
carried, shall be found again.
SEC. 4. Whereas it hath been held, that notes in writing, signed
by the party who makes the same, whereby such party promises to
pay unto any other person, or his Order, any sum of money therein
mentioned, are not assignable or indorsible over, within the custom
of merchants, to any other person ; and that such person to whom
the sum of money mentioned in Such note is payable, can not main-
tain an action, by the custom of merchants, against the person who
first made and signed the same ; and that any person to whom such
mote shall be assigned, indorsed, or made payable, could not, within
the said custom of merchants, maintain any action upon such note
against the person who first drew and signed the same : Therefore,
to the intent to encourage trade and commerce, which will be much
advanced, if such notes shall have the same effect as inland bills of
exchange, and shall be negotiated in like manner ; Be it emacted,
* * * That all notes in writing, that after the first day of May, in
the year of Our Lord, one thousand seven hundred and five, shall be
made and signed by any person or persons, body politic or corporate,
or by the Servant or agent of any corporation, banker, goldsmith,
merchant, or trader, who is usually intrusted by him, her, or them,
to sign such promisory notes for him, her, or them, whereby such
person or persons, body politick and corporate, his, her, or their
servant Or agent, as aforesaid, doth or shall promise to pay to any
other person or persons, body politick and corporate, his, her, or
their order, or unto bearer, any sum of money mentioned in such
note, shall be taken and construed to be, by virtue thereof, due and
payable to any such person Or persons, body politic and corporate,
to whom the same is made payable ; and also every such note pay-
able to any person or persons, body politic and corporate, his, her,
or their order, shall be assignable or indorsible over, in the same
manner as inland bills of exchange are or may be, according to the
custom of merchants; and that the person or persons, body politic
and corporate, to whom such sum of money is or shall be by such
note made payable, shall and may maintain an action for the same,
in such manner as he, she, or they might do, upon any inland bill
of exchange, made or drawn according to the custom of merchants,
against the person or persons, body politic and corporate, who, or
whose servant or agent, as aforesaid, signed the same ; and that any
person or persons, body politic and corporate, to whom such note
that is payable to any person or persons, body politic and Corporate,
his, her, or their order, is indorsed or assigned, or the money therein
mentioned ordered to be paid by indorsement thereon, shall and may
maintain his, her, or their action for such sum of money, either
against the person or persons, body politic and corporate, who, or
whose servant or agent, as aforesaid, signed such note, or against
any of the persons that indorsed the same, in like manner as in cases
of inland bills of exchange : and in every such action the plaintiff
or plaintiffs shall recover his, her, or their damages and costs of
suit ; and if such plaintiff or plaintiffs shall be nonsuited, or a ver-
CHAPTER VIII.—BILLS, BONDS, AND PROMISSORY NOTES.
(37
dict be given against him, her, or them, the defendant or defendants
shall recover his, her, or their costs against the plaintiff or plaintiffs;
and every such plaintiff or plaintiffs, defendant or defendants,
...P. recovering, may sue out execution for such damages
and costs by [capias, fieri facias, or elegit. .
SEC. 5. Provided, That no body politic or corporate shall have
power, by virtue of this act, to issue or give out any notes, by them-
selves or their servants, other than such as they might have issued,
if this act had never been made. -
SEC. 6. And whereas by an act of Parliament made in the ninth
year of the reign of His Late Majesty King William the Third, inti-
tuled, An act for the better payment of inland bills of exchange, it
is, among other things, enacted, That from and after presentation
and º of the said bill or bills of exchange (which accept-
ance shall be by the underwriting the same under the party’s hand
so accepting) and after the expiration of three days after the said
bill or bills shall become due, the party to whom the said bill or bills
are made payable, his servant, agent, or assigns, may, and shall cause
the same bill or bills to be protested in manner as in the said act is
enacted : And whereas by there being no provision made therein for
protesting such bill or bills, in case the party on whom the same are
or shall be drawn, refuse to accept the same, by underwriting the
same under his hand, all merchants and others do refuse to under-
write such bill or bills, or make any, other than a promissory accept-
ance, by which means the effect and good intent of the said act in
that behalf is wholly evaded, and no bill or bills can be protested
before or for want of such acceptance by underwriting the same, as
aforesaid: For remedy whereof be it enacted by the awthority afore-
said, That from and after the first day of May, which shall be in
the year of Our Lord One thousand seven hundred and five, in case,
upon presenting of any such bill or bills of exchange,” the party or
parties, on whom the same shall be drawn, shall refuse to accept the
same, by underwriting the same, as aforesaid, the party to whom the
said bill or bills are made payable, his servant, agent or assigns, may
and shall cause the said bill or bills to be protested for non-accept-
ance, as in case of foreign bills of exchange ; any thing in the said
act, or any other law, to the contrary notwithstanding.
SEC. 7. No acceptance of any such inland bill of exchange shall
be sufficient to charge any person whatsoever, unless the same be
underwritten or indorsed in writing thereupon ; and if such bill be
not accepted by such underwriting, or indorsement in Writing, no
drawer of any such inland bill shall be liable to pay any costs, dam-
ages, or interest thereupon, unless such protest be made for non-
acceptance thereof, and within fourteen days after such protest, the
same be sent, or otherwise notice thereof be given to the party from
whom such bill was received, or left in writing at the place of his or
her usual abode ; and if such bill be accepted, and not paid before
the expiration of three days after the said bill shall become due and
payable, then no-drawer of such bill shall be compellable to pay any
costs, damages or interest thereupon, unless a protest be made and
sent, or notice thereof be given, in manner and form above men-
tioned : Nevertheless, every drawer of such bill shall be liable
to make payment of costs, damages and interest upon such inland
bill, if any one protest be made for non-acceptance, or non-payment
thereof, be sent, given or left, as aforesaid.
SEC, 8. Provided, That no such protest shall be necessary, either
for (non-acceptance or) non-payment of any inland bill of exchange,
unless the value be acknowledged and expressed in such bill to be
Proviso against
giving Out notes
by corporations,
etc.
Ibid., sec. 3.
Party refusing
to underwrite bill
of exchange, such
bill may be pro-
tested for no n -
acceptance.
Ibid., Sec. 4.
No acceptance
of inland bill of
exchange to be
sufficient, unless.
same be under-
written, n or
drawer liable to.
Costs.
Ibid., sec. 5. . ! :
No protest mec-
essary for non-
payment unless
bill be for £20 or
68
Chapter vin-BILLS, BONDS, AND PROMISSORY NOTES.
more ; by whom
protests shall be
made.
Ibid., sec. 6.
\ Acceptance of
billesteemed a full
payment of debt.
Ibid., sec. 7.
Proviso.
Ibid., sec. 8.
What shall be
recovered on pro-
tested bills, etc.
Md. act 1785,
ch. 38, sec. 1.
2 Kilty, 26.
1 Dorsey, 197.
2 Har. and J.
Rep., 396, Bryden
'vs. Taylor ; 2
Peters Rep., 586,
|Buckner vs. Fin-
ley ; 2 Howard
Rep., 711, Bank
wS. U. S.; 5 How-
ard Rep., 382, U.
S. vs. Bank.
Inland bills lia-
ble to protest, etc.
Ibid., sec. 2.
1 Dorsey, 198.
What shall be
received on Cer-
tain bills, etc.
Ibid., sec. 3.
received, and unless such bill be drawn for the payment of twenty
pounds sterling [$53.33%) or upwards; and that the protest, hereby
required for non-acceptance, shall be made for non-payment thereof.
SEC. 9. If any person doth accept any such bill of exchange for
and in Satisfaction of any former debt, or sum of money formerly
due unto him, the same shall be accounted and esteemed a full and
complete payment of such debt, if such person, accepting of any such
bill for his debt, doth not take his due course to obtain payment
thereof, by endeavouring to get the same accepted and paid, and
make his protest, as aforesaid, either for mom-acceptance or non-pay-
ment thereof.
SEC. 10. Provided, That mothing herein contained shall extend to
discharge any remedy, that any person may have against the drawer,
accepter or indorser of such bill.
SEC. 11. Upon all bills of exchange hereafter drawn in this Dis-
trict [state] on any person, corporation, company or Society, in any
foreign country, and regularly protested, the owner or holder of such
bill, or the person or persons, company, Society or corporation, enti-
tled to the same, shall have a right to receive and recover so much
current money as will purchase a good bill of exchange of the same
time of payment, and upon the same place, at the current exchange
of such bills, and also fifteen per cent. damages upon the value of the
principal sum mentioned in such bill, and costs of protest, together
with legal interest upon the value of the principal sum mentioned in
such bill from the time of protest until the principal and damages
are paid and satisfied; and if any endorser of such bill shall pay to
the holder, or the person or persons, company, Society or Corpora-
tion, entitled to the same, the value of the principal and the dam-
ages and interest as aforesaid, such endorser shall have a right to
receive and recover the sum paid, with legal interest upon the Same,
from the drawer, or any other person or persons, company, Society
or corporation, liable to such endorser upon such bill of exchange.
SEC, 12. All inland bills of exchange or orders drawn by a citizen,
company, society or corporation, of any other of the United States, or
any person or persons therein residing or being, on any person, Com-
pany, society or corporation, of this District [state], or any person Or
persons therein residing, or being, shall be liable to official protest
by anotaries public, who are hereby respectively vested with authority
to make such protests under their respective seals of office, and shall
receive [his feel for such protests from the party requiring the same.
[See § 990 R. S. D. C., post “Notaries Public.”)
SEC. 13. Upon all bills of exchange or orders hereafter drawn in
this District [state] upon any person or persons, company, society or
corporation, in any other of the United States, and protested accord-
ing to the laws or customs of the state where such bill shall be made
payable, the owner or holder of such bill, or person or persons, com-
pany, society or corporation, entitled to the same, shall have a right
to receive and recover so much current money as will purchase a
good bill of exchange, at the current exchange of such bills, and
also eight per cent. damages upon the value of the principal sum
mentioned in such bill and costs of protest, together with legal inter-
est upon the value of the principal sum mentioned in such bill, from
the time of protest until the principal and damages are paid and
satisfied; and if any endorser of any such bill shall pay to the holder,
or person, company, society or corporation, entitled to the same,
the value of the principal and the damages and interest as aforesaid,
such endorser shall have a right to receive and recover the sum paid,
Chapter vin-BILLS, BONDS, AND PROMISSORY NOTES. 69
with legal interest upon the same, from the drawer, or any other
person or persons, company, Society or corporation, liable to Such
endorser, upon such bill of exchange.
SEC. 14. All actions which shall be commenced or prosecuted in Plaintiff may
any court of record, upon any bond Or bonds, or on any penal sum for assign many
non-performance of any covenants or agreements in any indenture, preaches of bº,
deed, or writing contained,the plaintiff or plaintiffs may assign as many ...o.” t; S. Of .
breaches as he or they shall think fit, and the jury, upon trial of such tº e . *
action or actions, shall and may assess, not only such damages and ...} & 9. William
costs of suit as have heretofore been usually done in such cases, but º: Sec. 8,
also damages for such of the said breaches so to be assigned, as the Alex. iśit. Stat.,
plaintiff upon the trial of the issues shall prove to have been broken, 604–606.
and that the like judgment shall be entered on such verdict as here- , Kilty's Rep.,
tofore hath been usually done in such like actions; and if judgment *
shall be given for the plaintiff on a demurrer, or by confession, or
mihil dicit, the plaintiff upon the roll may suggest as many breaches
of the covenants and agreements as he shall think fit, upon which
shall issue a writ to the sheriff of that county where the action shall
be brought to summon a jury to appear before the justices or justice
of assize, or mºst prºws, of that county, to inquire of the truth of
every One of those breaches, and to assess the damages that the
plaintiff shall have sustained thereby ; in which writ it shall be com-
manded to the saidjustices or justice of assize, or mist privus, that he or
they shall make a return thereof to the court from whence the same
shallissue,at the timein such writmentioned; and in case the defendant
Or defendants, after such judgment entred, and before any execution
executed, shall pay unto the court where the action shall be brought,
to the use of the plaintiff or plaintiffs, or his or their executors or
administrators, such damages, SO to be assessed, by reason of all or
any of the breaches of such covenants, together with the costs of suit,
a stay of execution of the said judgment shall be entred upon record;
or if by reason of any execution executed, the plaintiff or plaintiffs,
or his or their executors or administrators shall be fully paid or sat- , 60 Md. Rep., 208,
isfied all such damages so to be assessed, together with his or their # ‘. *hjº
costs of suit, and all reasonable charges and expences for executing ...ejja...";
the said execution, the lands, or goods of the defendant, shall be vid. Rep. 384,
thereupon forthwith discharged from the said execution, which shall Scott vs. State.
likewise be entred upon record; but notwithstanding in each case
such judgment shall remain, continue, and be, as a further security
to answer to the paintiff or plaintiffs, and his or their executors or
administrators, such damages as shall or may be sustained for fur-
ther breach of any covenant Or Covenants in the same indenture,
deed, or writing, contained, upon which the plaintiff or plaintiffs
may have a Scire facias upon the said judgment against the defend-
ant, or against his heir, terre-tenants, or his executors or adminis-
trators suggesting other breaches of the said covenants, or agree-
ments, and to summon him or them respectively to shew cause
why execution shall not be had or awarded upon the said judgment,
upon which there shall be the like proceeding as was in the action
of debt upon the said bond Or obligation for assessing of damages
upon trial of issues joined upon such breaches or inquiry thereof,
upon a Writ to be awarded in manner as aforesaid; and that upon
payment Or Satisfaction in manner as aforesaid, of such future
damages, costs, and charges, as aforesaid, all further proceedings on
the said judgment are again to be stayed, and so toties quoties, and
the defendant, his lands, or goods, shall be discharged out of exe-
cution, as aforesaid. • .
SEC. 15. Whereas it is represented to this general assembly, that No person to
Sheriffs’ and testamentary bonds are frequently put in suit in the º judg-
CHAPTER VIII.-BILLS, BONDS, AND PROMISSORY NOTES.
provincial court, and that the persons causing such bonds to be
Sued, upon their obtaining judgments, frequently issue executions for
the whole penalties contained in such bonds, with directions to the
Sheriff, or coroners, to release the party executed, upon payment of
what the creditor alleges his demand to be: And whereas an act of
parliament, made the eighth and ninth years of King William the
Third, entitled, An act for the better preventing frivolous and vex-
atious suits, does not fully provide for the evils complained of: Be
it enacted, That it shall not be lawful for any person or persons
Causing such bonds to be sued to proceed to judgment, until the
creditor or creditors clearly make appear to the court what his, her
Or their demand is Or are, which court may, and they are hereby
Suits on sheriffs'
and testamentary
bonds regulated.
Md. act 1729, ch.
25, secs. 1, 2.
1 Kilty, 213.
1 Dorsey, 77.
60 Md. Rep.,
208, Ahl vs. Ahl.
In suits on bond,
bill, or other con-
tract with penalty,
the jury may find
sum due as the
true debt, which
may be pleaded
and allowed to
executors and
others.
Md. act 1785,
ch. 80, sec. 13.
2 Kilty, 63.
1 Dorsey, 234.
48 Md. Rep.,
298, Orendorf vs.
empowered, upon the defendant’s having notice given him, her or
them, or notice left at the place of his, her their last place of abode,
twenty days before the court in which the plaintiffs apply for such
debt or demand to be assessed, as also a copy of the nature of his,
her or their demand, attested by the clerk, to assess such damages,
or appoint auditors to adjust such demands, whereupon it shall be
lawful for such court to give judgment to such creditor or creditors
On Such bond in usual manner, but that execution only issue for such
sum as shall be made appear to be due, unless the party at whose
request such bond be sued, or the defendant or defendants applies to
the court, praying a Writ of inquiry, which, if either party prays, shall
be issued by the court, to be proceeded in according to the directions
of the aforesaid act of parliament, and that execution issue for no
more than found by the jury, with costs and interest till payment
made or tendered; and that where any such bond is proceeded on to
judgment, no other creditor shall come in for any part of the penalty,
under pretence of any thing being due to such creditor, without
sending a Scire facias to be served, which scire facias shall be sued
within eighteen months after such recovery, and not after, on the
defendant or defendants, in which scºre facias shall be contained
the nature of such creditor or creditors’ demand, and the sum due.
SEC. 16. In all cases of actions brought for the penalty of any bond,
bill, covenant or contract, with penalty, the jury may, under the
direction of the court, upon the plea of payment, or performance of
the conditions or terms of the contract, ascertain, and by their ver-
dict find, what sum of money or tobacco is really and justly due to
the plaintiff, and upon such finding, judgment shall be entered by
the court for the penalty, to be released upon payment of the sum
of money Or tobacco so found to be due, and interest on the same
until paid, and costs of suit; and the sum really due as aforesaid, or
in any other manner ascertained, upon bonds and other instruments
of writing with penalty, shall be considered in law as the true debt,
and shall be so pleaded by and allowed to executors, administrators,
and others.
Utz; 41 Md. Rep., 236, State vs. Tabler; 38 Md. Rep., 338, State vs. Wilson,
Chapter Ix-CHAMPERTY.
71
CHAPTER NINE.
CHAMPERTY.
Sec. | Sec.
1. Statutes concerning champerty, etc., 3. Penalty for unlawfully maintaining
shall be enforced. - of suits. Recovery and distribution
2. Pretenced rights in lands not to be of fine.
bought unless the vendor hath 4. Purchase of pretenced title by him
taken the profit thereof one year that is in possession is lawful.
before. 5. Limitation of action against offender.
SEC. 1. All statutes heretofore made concerning maintenance,
champerty, and embracery, or any of them now standing and being
in their full strength and force, shall be put in due execution,
according to the tenures and effects of the same statutes.”
Statutes con-
cerning ch a m p -
erty, etc., shall be
enforced.
32 Henry VIII,
ch. 9, sec. 1, A. D. 1540. Alex. Brit. Stat., 318. Kilty’s Rep., 232. 20 How. Rep.,
483, Roberts vs. Cooper; 22 Wash. Law Rep., 108, Matthews vs. Horner. f
SEC. 2. No person or persons, of what estate, degree, or condition
soever he or they be, shall from henceforth bargain, buy, or sell, or
by any ways or means obtain, get, or have any pretenced rights or
titles, or take, promise, grant, or covenant to have any right Or title
of any person or persons, in or to any manors, lands, tenements, or
hereditaments (except such person or persons, which shall SO bargain,
sell, give, grant, covenant, or promise the same, their antecessors, or
they by whom he or they claim the same, have been in possession of
them same, or of the reversion or remainder thereof, or taken the
rents or profits thereof, by the space of one whole year next before
the said bargain, Covenant, grant Or promise made) (2) upon pain
that he that shall make any such bargain, sale, promise, covenant, or
grant, to forfeit the whole value of the lands, tenements, or here-
ditaments, SO bargained, sold, promised, covenanted, or granted,
contrary to the form of this act; (3) and the buyer and taker thereof,
knowing the same, to forfeit also the value of the said lands, tene-
ments, or hereditaments so by him bought or taken, as is abovesaid;
(4) the one-half of the said forfeitures to be to the king our sovereign
lord, and the other half to the party that will sue for the same in
any of the king’s courts of record, by action of debt, bill, plaint, or
information; in which action, bill, plaint, or information, no essoin,
protection, wager of law, nor injunction shall be allowed.
SEC 3. No manner of person or persons of what estate, degree, or
condition soever he or they be, do hereafter unlawfully maintain, or
cause, or procure any unlawful maintenance in any action, demand,
Suit Or complaint in any of the King's courts of the chancery, the
star-chamber, White-hall, or elsewhere within any of the King’s
Dominions of England and Wales, or the marches of the same,
where any person or persons have, or hereafter shall have authority,
by virtue of the King’s commission, patent, or writ to hold plea of
lands, or to examine, hear, or determine any title of lands, or any
matter or witnesses concerning the title, right, or interest of any
lands, tenements, or hereditaments; (2) and also that no person or
persons, of what estate, degree, or condition soever he or they be,
do hereafter unlawfully retain, for maintenance of any suit or plea,
any person Or persons, or embrace any freeholders or jurors, or sub-
. Orn any witness, by letters, rewards, promises, or any other sinister
labour or means, for to maintain any matter or cause, or to the dis-
turbance or hindrance of justice, or to the procurement, by occasion
Pretenced rights
in lands not to be
bought unless the
Vender hath taken
the profit thereof
One year before.
Ibid., sec. 2.
22 Wash. Law
Rep., 108, Mat-
thews vs. Horner.
*The English statutes were in force in Maryland in the same manner and to the same extent as
they were in England. 4 Cranch, Ct. Repts., 120. U. S. vs. Jennegen.
Penalty for un-
lawfully maintain
ing of Sºuits.
Iºsifſ, , sec. 3.
CHAPTER x. —CHANCERY.
Purchase of pre-
tenced title by him
that is in posses-
sion is lawful.
Ibid., Sec. 4.
22 Wash. Law
Rep., 108, Mat-
thews vs. Horner.
Limitation of
action against of-
fender.
Ibid., sec. 6.
of any manner of perjury by false verdict, or otherwise, in any man-
ner of courts aforesaid, (3) upon pain to forfeit for every such offense
xli.” [the one moiety thereof unto the King our sovereign lord, and
the other moiety to him that will sue for the same by action of debt
bill, plaint, or information in any the King’s courts; ] in which
action, no ſessoin, protection, wager of law, nor] injunction shall be
allowed. + +
SEC. 4. It shall be lawful to any person or persons being in law-
ful possession by taking of the yearly farm, rents or profits, of or
for any manors, lands, tenements or hereditaments, to buy, obtain,
get, or have, by any reasonable way or means, the pretenced right
Or title of any other person or persons, hereafter to be made to, of or
in such manors, lands, tenements or hereditaments, whereof he or
they shall so be in lawful possession ; anything in this act contained
to the contrary notwithstanding. -
SEC. 5. This act shall not extend to charge any person or persons
with any of the penalities mentioned in said act for any offence by
him or them committed contrary to said act, except the same person
or persons so offending be sued thereof by action of debt, bill, plaint
or information within one year next after the same offence by him
or them committed, as is aforesaid.
* The penalty is enlarged to £40 by V. Eliz. ch. 9, sec. 3. ***
+ Stanton vs. Haskin, 1 McArthur, Rep. 558, Miller vs. Ammon, 145 U. S. Rep., 421. Recovery and
distribution of fine regluated by sec. 837, R. S. D. C.
CHAPTER TEN.
CHANCERY.
Sec. Sec.
1. Jurisdiction of court. 13. Infants, being trustees, by decree of
2. When suits may be maintained. court may make valid conveyances
3. Proceedings to enforce a lien; judg- of trust estates. -
ments in rem, and personal, and 14. Infants seized of estates in trust may
how enforced. be compelled by decree to make
4. No subpoena to issue until after bill conveyance. &
filed; exceptions as to injunctions, 15. Infants seized of lands in trust, or of
etc. lands subject to an agreement to
5. Bill dismissed, plaintiff to pay de- convey may be decreed to convey.
fendant’s costs; no copy or abstract | 16. Infants may show cause against de-
of any bill to go with dedimws for cree to convey trust, etc.; estates;
taking answer of defendant. limitation as to time.
6. Decree confirming sale; effect of; | 17. Where property of insane person not
where to be recorded to be effec- devisable whole may be sold.
tive; notice. - 18. When court may direct, sale of per-
7. Minors and insane persons shall in sonal property, etc., of idiot, luna-
certain cases make conveyances. tic, or mom compos mentis. .
8. Guardian of infant must consent to 19. Court may direct sale of property of
decree and infant may show cause idiots, lunatics, and nom compos
after majority. "mentis, when necessary for their
9. Proceedings against defendants not Support. -
served; publication (see footnote); 20. Sales of property of idiots, lunatics,
pro confesso; court may direct per- etc., to be confirmed by decree after
formance. report filed.
10. Proceedings after decree against ab- 21. Proceeds of sale of property of idiot,
sent defendants. lunatic, etc., how applied and how
11. Idiots or lunatics seized or possessed | distributed after their death.
of certain estates in trust, to make 22. Real estate of infants or lunatics, etc.,
conveyance of such estates under when subject to mortgage may be
- direction of court. sold by order of court.
12. Idiots and lunatics holding trust es- || 23. Bond required in foreclösure of mort-
tates and their committees may be gage where infant concerned.
compelled to make conveyances, Non est factum, plea of, must be
etc. verified.
Chapter x-CHANCERY.
73
Sec.
24,
28.
29.
30.
31.
32.
33.
49.
50.
51.
53.
Foreclosure mortgage sale may be
ordered; bond and obligation. Wom.
est factum, plea of, must be veri-
fied. Orders enforced by attach-
ment.
. When trustee may be appointed to
sell lands of deceased persons.
. When creditor may procure sale of
decedents lands.
. Care of the person and management
of estates of the insane to be directed
by the court; appointment of com-
mittee; sale of property, etc.
Trustee may be appointed to make
any sale of estate of the insane.
Such sale must be confirmed before
conveyance; bond required of
trustee, its obligations. Non est
factum, plea of, must be verified.
Terms of such sales regulated by
court; bond. -
When bond required of trustee ap-
pointed by will of, etc. Non est
factum, plea, must be verified.
When court mays order deed to be
recorded; effect thereof.
Joint interests in lands of infants or
insane persons, sale of may be de-
Creed.
. When a decree shall have effect of a
conveyance.
. Parties may be present at taking of
testimony by commission.
. Allowance to commissioner to take
evidence.
. Payment of allowances to commis-
sioners, etc., may be enforced.
. Pro confesso may be entered where
defendant fails to answer.
. Proceedings to compel answer, pro
confesso, or commission.
. Defendant may exhibit interrogato-
ries to plaintiff; effect of, etc.
. Orders enforced by process of con-
tempt and commitment.
. Public officers. Imarshal, etc., may
be punished by fine etc., for failing
to execute process or Order.
. Marshal, etc., to return process or
order; for failure, shall be fined.
. Decrees or judgments, how enforced;
execution, injunction, etc., process
of contempt. -
. Denmurrer or plea overruled, party in
contempt until costs paid.
. Injunction to stay waste; if disobeyed,
attachment may issue. -
. Injunction to stay proceedings at law
not granted until bond approved.
. Execution sale of perishable property
enjoined, property to be delivered
and liability of officer ceases.
Forclosure of mortgages regulated;
pro confesso and final decree. Ser-
vice by publication (note to this
section). w
Bill being filed against residents and
nonresidents, when may be taken
pro confesso; decree.
Commitment for contempt for non-
compliance with orders of court.
. Power of court to make and execute
Orders and decrees. Appeal there-
from. --
Creditors may file petition for sale of
lands of persons dying seized.
Sec.
54.
55.
56.
57.
58.
59.
60.
61.
62.
63.
64.
65.
66.
67.
68.
69.
70.
73.
74.
7
5
76.
77.
78.
'79.
80,
When United States will pay credit-
ors of deceased whose lands
escheated. 4.
After publication in suits for specific
performance, pro confesso and
final decree. Publication regulated
(see note to this section).
Decree made against nonresident
shall stand confirmed unless re-
viewed; limitation of time for ap-
plication for review.
Court has authority to determine dis-
putes as to escheated estates.
Commissions on sales allowed to trus-
tees, guardians, and agents. ,
Lands of nonresident minors may
be sold to pay debts of deceased as
in case of resident minors.
In such sales, court shall direct notice
to be given to guardian of such
IT)]]] OTS.
Remainder or other interest in land
of nonresident minor may be sold
to pay debts of person from whom
derived.
In such case notice required.
Certain deeds may be ordered re-
corded without appearance of de-
fendant; what noticc required.
Effect of deed so recorded.
Specific performance may be decreed
where land descended to infant or
lunatic.
Specific performance may be decreed
against nonresidents; what notice
is required.
Court may order deed to be recorded;
effect thereof; notice of applica-
tion required.
Decree may vest title in lands where
heirs of deceased contractor for
sale are unknown; security for
purchase money.
Review of such decrees allowed
within eighteen months.
Creditor may obtain decree for sale of
lands of nonresident decedent.
. Legal or equitable title to lands of
decedent without known heirs may
be sold to pay debts; surplus, how
disposed. -
. Purchaser of equitable title paying
purchase money entitled to convéy-
ance from trustee.
Legal title holder of decedent debtor
may be sued by creditor and sale
and conveyance decreed; pro-
cedure.
Lands escheated after death of per-
son seized, his creditors entitled to
pro rata distribution; procedure.
. Purchaser of equitable title has same
title as under this act (1794 Mil. act.,
Ch. 60).
Partition of lands of infants or in-
same persons having joint interests,
when; procedure.
Foreclosure of mortgages against
nonresidents may be decreed.
Sale of equitable interest in land may
be decreed for creditor, process, etc.
Pro confesso after publication may
be decreed against nonresident;
limitation as to review.
Equitable title to land may be sold
by decree.
74
CHAPTER x.—CHANCERY.
Sec.
81. Creditor may obtain sale of equitable
title of deceased debtor's land.
82. Commission to take depositions may
issue to one person, by consent.
83. Bill may be filed against Sole heirs
of deceased persons; procedure.
84. Publication may be substituted for:
personal service where defendant
evades service. e
85. Death of party not to abate causes
regularly set or submitted; decree
Sec. -
94. Costs, how chargeable in suits against
the Government.
95. Defendant appearing shall answer
fully each interrogatory of bill,
plead, or demur; pro confesso
against nonresident.
96. SReceivers may be sued without
leave of court. -
97. Damages may be awarded upon un-
- true Suggestion.
98. Supreme Court authorized to ap-
gives no preference. point Some fit person to take
86. In suits for partition, nonresident Charge of estate of habitual drunk-
infants answer to be taken by Com- ards; procedure; who may be ap-
mission. pointed. \
87. Proceedings against nonresident de- || 99. Same Subject; bond of committee.
fendant after service of summons. 100. Same subject; powers and duties of
88. Answer to interrogatories, how en- committee.
forced; pro confesso and final de- || 101. Same subject; when and how prop-
CTé6. erty can be sold. -
89. Bill of revivor after death of com- 102. Same subject; contracts with habit-
- plaimant; power of court. ual drunkards void as against
90. Proceedings and decree against non- - them—as to other parties.
resident infants; their subsequent | 103. Same subject; when control of
rights of review, etc. property may be restored.
91. Pro confesso, when may be entered. | 104. Same subject; how fitness to control
92. Powers of single commissioner to property ascertained.
take testimony. 105. Same subject; repealing clause.
93. Claims against escheated lands, how
enforced. r
Jurisdiction of SEC. 1. His majesty's high court of chancery within the province
the court of chan shall not hear, try, determine or give relief in any cause, matter or
*Y. thing, wherein the original debt or damages doth not amount to
Md. act 1715, ch. twelve hundred and One pounds of tobacco [$20], or five pounds and
41, Sec. 7. one penny in money [$13.33%]. [$ 764, 769, 791, 800, 808, and 763, R. S. D. C., as
1 Dorsey, 25. annended Feb. 27, 1877, Sup. R. S., par. 11, p. 279. )
1 Kilty, 126. 3 Ohio St., 457, Carr vs. Iglehart; 3 Md. Chy. , 331, Reynolds vs. How-
ard; 35 Md. Rep.,73, Pentz vs. Ins. Co.
When suits of SEC. 2. Suits in equity shall not be sustained in either of the courts
...tº * of the United States in any case where a plain, adequate, and com-
Cº. LJ. . ."ºº-l. • plete remedy may be had at law.
Sec. 723, R. S. U.S. 24 Sept., 1789, c. 20, s. 16, v.1, p. 82. 23 Wall., 470, Lewis
vs. Cocks; 105 U. S. Rep., 212, Root vs. Railway : 110 U. S. Rep., 574, Killian vs.
Ebbinghaus; 121 U. S. Rep., 201, McConihay vs. Wright; Robinson vs, Campbell, 3
Wh., 212; Boyce's Executors vs. Grundy, 3 Pet., 210; Ex parte Tillinghast, 4 Pet.,
108; Clark vs. Smith, 13 Pet., 195; U. S. vs. Price, 9 How., 83; Bennett vs. Butter-
worth, 11 How., 669; Eac parte Secombe, 19 How., 9; Hipp vs. Babin, 19 How.,
271; Hungerford vs. Sigerson, 20 How., 156; Parker vs. Winnepiseogee Company, 2
Bl., 545 § Watts vs. Sutherland, 5 Wall.., 74; Thompson vs. Railroad Companies, 6
Wall., 134. --
Proceedings to SEC. 3. The proceeding to enforce any lien shall be by bill or
enforce a lien: petition in equity, and the decree, besides subjecting the thing upon
i. : º which the lien has attached to the satisfaction of the plaintiff’s
* P. * demand against the defendant, shall adjudge that the plaintiff
how enforced. iº e 2 -- 85
recover his demand against the defendant, and that he may have
Sec. 808, R. S. execution thereof as at law.
D. C. 22 Feb., 1867, c. 64, s. 10, v. 14, p. 404.
. No subpºena, to SEC. 4. No subpoena, or any other process for appearance, do issue
jº"... out of any court of equity, till after the bill is filed with the proper
...s.º., j officer of the court, * * * except in cases of bills of injunction
injunction, etc. to stay wastes, or stay suits at law commenced, and a certificate
4 Anne, ch. 16 thereof brought to the subpoena-office, or to him who usually makes
se...". Sº out subpoenas, or other process in the *, * * Court of Equity,
Åle. Brit śīa. under the hand of the * * * Clerk, * * * for which
663. certificate he shall receive no fee.
Kilty's Rep.,245.
CHAPTER x.—CHANCERY. 75
SEC. 5. Upon the plaintiff’s dismissing his own bill, or the defend- Bill dismissed,
ant's dismissing the same for want of prosecution, the plaintiff in ºntº.º. Pºy
Such suit shall pay to the defendant or defendants, his or their full * º
costs [to be taxed by a master, and that no copy, abstract or tenor of stract º any bill
any bill in equity, do go with dedimus or commission for taking the to go with dedi-
defendant’s answer; but in lieu and recompence thereof, the sworn mºus for £aking
clerks of the court of chancery shall take to their own use, in all ..." " ".
causes, the whole term-fee of three shillings and four pence, and also
the whole fee or fees of and for all small writs made by the said Ibid., Sec. 33.
sworn clerks.]
SEC. 6. in case of the sale of things, real or personal under a decree Decree confirm-
in equity, the decree confirming the sale shall divest the right, title, i.e. "...".
or interest sold out of the former owner, party to the suit, and west : . * .
it in the purchaser, without any conveyance by the Officer or agent fective notice.
of the court conducting the sale; and the decree shall be notice to ~...~E- c.
all the world of this transfer of title when a copy thereof shall be ps: 793, R. S.
registered among the land-records of the District; but the court may, Ibid., s. 21, 406.
nevertheless, Order its officer or agent to make a conveyance, if that
mode be deemed preferable, in particular cases.
SEC. 7. Persons under the age of One and twenty years, and per- Minors and in-
sons being idiot, lunatic, or rºom compos mentis, seized or possessed sane persons shall
of any lands, tenements or hereditaments, in trust, or by way of in certain cases
mortgage, or seized or possessed thereof, charged or chargeable with lººke C on V ey-
the payment of money or tobacco, and therefore subject or liable to *
a decree for sale, or bound by an agreement to convey, made by some , Md. act 1773,
person or persons having right or title to make such agreement, and *; º see: 1. º.
therefore subject or liable to a decree for conveyance on a suit for tº "P. Pº
a specific performance or execution of such agreement, shall, by `i Dorsey, 121.
direction of the court of chancery, signified by an order made upon 1 Kilty, 400.
the hearing of all persons concerned, on the petition of the person or •
persons for whom such infant Or infants, or persons being idiot, lun-
atic, or mom compos memtis, or his, her or their committee or Com-
mittees, in his, her or their name or names, shall be seized or pos-
sessed in trust, or of the mortgagor or mortgagors, or other person
or persons entitled to redemption, or person or persons entitled to
money or tobacco secured by or upon the said lands, tenements or
hereditaments, or of the person or persons entitled to any money Or
tobacco, with the payment whereof the said lands, tenements Or
hereditaments, are or shall be charged or chargeable, or of the
person or persons entitled to a specific performance or execution
of such agreement as aforesaid, convey and assure any such lands,
tenements or hereditaments, in such manner as the court of Chancery
shall, by such order so to be obtained, direct, to any other person Gr
persons; and such conveyance or assurance, so to be had and made
as aforesaid, shall be as good and effectual in law as if such infant
or infants were, at the time of making such conveyance Or assurance,
of the full age of twenty-one years;* and the conveyance Or assur-
ance, so to be had and made as aforesaid, in the case of persons being
idiot, lunatic, or mom compos mentis, shall, in like manner, be as good
and effectual as if the said person or persons was or were, at the
time of making such conveyance or assurance, of sound mind, mem-
ory and understanding, and had by him, her or themselves, executed
the same; and all and every such infant or infants, or persons being
idiot, lunatic, or mom compos mentis, being trustee or trustees, Or
mortgagee or mortgagees, or being seized or possessed of lands, ten-
ements or hereditaments, liable or subject in any manner aforesaid,
or the committee or committees of all and every such person, being
idiot, lunatic, or mom compos mentis, shall and may be compelled, by
* By 1778, ch. 22, such infants shall be bound by conveyances made by guardians, in pursuance of .
the order and direction of the court of chancery, and conveyances which had been so made are
declared to be valid and effectual. -
7
6
CHAPTER X. —CHAN CERY. *
Guardian of in-
fant must consent
to decree, and in-
fant may show
cause after major-
ity.
Ibid., Sec. 2.
1 Dorsey, 123.
1 Kilty, 400.
Thom p. Dig.,
118.
Proceedings
against defend-
ants not served.
Publication.
such Order as aforesaid, to make such conveyance or conveyances,
assurance or assurances, in like manner as persons of full age and of
same memory are compellable to make.” -- i
SEC. 8. No Order or direction as aforesaid shall be made or given
in Virtue of this act, in the case of any infant or infants seized or
possessed of any lands, tenements or hereditaments, charged with
or subject to the payment of money Or tobacco, unless it shall appear,
that the guardian or guardians of such infant or infants hath or
have consented thereunto, and also that such infant or infants will
not sustain any detriment, disadvantage or inconvenience, from such
order or direction; and also, that upon every order or direction for
conveyance to be made by an infant or infants, for the specific per-
formance and execution of any such agreement as aforesaid, liberty
shall be reserved for the said infant or infants to shew cause, within
six months after he, she or they, shall have attained the full age of
twenty-One years, if such infant Or infants shall attain such full age,
and also for the heirs of such infant or infants, if such infant or
infants shall not so long live, in six months after the decease of such
infant or infants, if the said heirs shall then be of full age, and if
such heirs shall not then be of full age, in six months after such
heirs shall have attained his, her or their full age, why such convey-
ance ought not to have been ordered or directed, and on sufficient
cause being shewn as aforesaid, the infant or infants aforesaid, or
his or their heirs, shall be entitled to and have a reconveyance, by
order or decree of the said court, of the said lands, tenements or
hereditaments, by whomsoever claimed or possessed, by, from or
under the conveyance made by such infant or infants aforesaid, and
also a full account of the rents and profits thereof, of and from the
person who shall have received the same.
SEC. 9. If any suit, which shall be commenced in the court of
chancery, any defendant Or defendants, against whom any subpoena
or other process shall issue, shall not cause his, her or their appear-
ance to be entered upon such process, within such time and in such
manner as according to the rules of the court the same ought to have
been entered, in case such process had been duly served, and an affi-
davit or affidavits shall be made to the satisfaction of the court, that
such defendant or defendants is or are out of this District [province,
or that upon inquiry at his, her her or their usual place of abode, he,
she, or they, could not be found so as to be served with such process,
and that there is just ground to believe that such defendant or defend-
antsis or are gone out of this District [province, ) or otherwise abscond
to avoid being served with the process aforesaid, then and in such case
the said court may make an Order, directing and appointing such
defendant or defendants to appear at a certain day therein to be
named [and a copy of such order shall forthwith be inserted in the
Maryland Gazette, and continued therein for six successive weeks,
and a copy of such order shall be left, as soon as conveniently may
be, at the usual place of abode of such defendant or defendants,
before his, her or their leaving this province or absconding as afore-
said, and also a copy of it shall be forthwith set up at the door of the
court-house of the county wherein the defendant or defendants did
last reside, before his, her or their absconding as aforesaid; and if
the defendant or defendants do not appear within the time limited
by such order, or within such further time as the court shall appoint, t|
then, on proof made of such publication of such Order, the court,
Pro confesso.
* By 1791, ch. 79, on application by any representative of a person, deceased, who shall have con-
tracted for the sale and conveyance of lands, etc., and not performed the same, and shall have devised
or left them to descend to persons under age, etc., if the said representatives are immediately inter-
ested in having a specific performance, the chancellor may decree the same as in other cases by this
act.
+ Publication now regulated by secs. 787 to 789 R. S. D. C.
CHAPTER X. —CHANCERY.
being satisfied of the truth thereof, may order the bill of the plaintiff
Or plaintiffs to be taken pro confesso, and make such decree there-
upon as shall be thought just, and may thereupon issue process to
compel the performance of such decree, either by an immediate
sequestration of the real and personal estate and effects of the party
or parties so absenting, (if any such can be found,) or such part
thereof as may be sufficient to satisfy the demands of the plaintiff
or plaintiffs in the said suit, or by causing possession of the estate
or effects demanded by the bill to be delivered to the plaintiff or
plaintiffs, or otherwise, as the nature of the case shall require; and
the said court may likewise Order such plaintiff or plaintiffs to be
paid and satisfied his, her or their demands, out of the estate or 11,
effects so sequestered, according to the true intent and meaning of
such decree, such plaintiff or plaintiffs first giving sufficient security,
in such sum as the court shall think proper, to abide such order,
touching the restitution of such estate or effects as the court shall
think proper to make concerning the same, upon the appearance of
the defendant or defendants to defend such suit, and paying such
costs to the plaintiff or plaintiffs as the court shall order.
SEC. 10. If any decree shall be made in pursuance of this act against
any person or persons being out of this District [province, j or abscond-
ing in manner aforesaid at the time such decreeispronounced, and such
person or persons shall, within two years after making such decree,
return or become publicly visible, then and in such case he, she or
they, shall likewise be served with a copy of such decree, within a
reasonable time after his, her or their return or public appearance
shall be known to the plaintiff or plaintiffs; and in case any defend-
ant, against whom such decree shall be made, shall, within two
years after making such decree, happen to die before his or her
return into this province, or appearing openly as aforesaid, then his
Or her heir, if such defendant shall have any real estate sequestered,
or whereof possession shall have been delivered to the plaintiff or
plaintiffs, and such heir may be found, or if such heir shall be a feme
covert, infant, or mom compos mentis, the husband, guardian or com
mittee, of such heir respectively, or, if the personal estate of such
defendant be sequestered, or possession thereof delivered to the
plaintiff or plaintiffs, then his or her executor or administrator, (if
any such there be,) may and shall be served with a copy of such
decree, within a reasonable time after it shall be known to the plain-
tiff or plaintiffs that the defendant is dead, and who is his or her
heir, executor or administrator, or where he, she or they respectively
be served there with ; and if any person or persons, so served with a
copy of such decree, shall not, within six months after such service,
appear and petition to have the said cause reheard, Such decree, SO
made as aforesaid, shall stand absolutely confirmed against the person
or persons so served with a copy thereof, his, her and their respective
heirs, executors and administrators, and all persons claiming, or to
Court may di-
rect performance.
Ibid., sec. 3.
1 Dorsey, 123.
1 Kilty, 401.
Thomp. Dig.,
*~.
Proceedings
after d e cree
against absent de-
endants.
Ibid., Sec. 4.
Thomp. Dig.,
121.
1 Dorsey, 124.
1 Kilty, 401.
claim, by, from or under him, her, them, or any of them, by virtue
of any act done, or to be done, subsequent to the commencement of
such suit; and if any person, so served with a copy of Such decree
shall, within six months after such service, or if any person, not being
SO served, shall, within two years next after the making such decree,
appear in court, and petition to be heard with respect to the matter
of such decree, and shall pay down, or give security for payment of
Such costs as the court shall think reasonable in that behalf, the
person or persons so petitioning, his, her or their respective repre-
Sentatives, or any person or persons claiming under him, her or them.
respectively, by virtue of any act done before the commencement of
the suit, may be admitted to answer the bill exhibited, and issue may
be joined, and witnesses on both sides examined, , and Such other
proceedings, decree and execution, may be had thereon, as their
78
CHAPTER x. —CHANCERY.
Idiots and luna-
tics seized or pos-
sessed of certain
estates in trust to
n] a ke convey-
an ces of such
estates, under di-
rection of court.
4 George II, ch.
10, sec. 1, A. D.
1731.
Alex. Brit. Stat.,
700, 701.
Ril ty’s Rep.,
249.
Idiots and luna-
tics holding trust
estates, and their
committees may
be compelled to
m a ke convey-
ances, etc.
Ibid., sec. 2.
might have been in case the same party had originally appeared, and
the proceedings had been newly begun, or as if no former decree or
proceedings had been in the same cause ; and if any person Or persons
against whom such decree shall be made, his, her or their heirs,
executors or administrators,shall not, within two years next after mak-
ing such decree, appear and petition to have the cause reheard, and pay
down, or give security for payment of such costs as the court shall
think reasonable in that behalf, such decree, made as aforesaid, shall
stand absolutely confirmed against the person and persons against
whom such decree shall be made, his, her and their heirs, executors
and administrators, and against all persons claiming, or to claim, by,
from or under him, her or them, or any of them, by virtue of any
act done subsequent to the commencement of Such suit, and at the
end of such two years, it shall and may be lawful for the court to
make such further order as shall be just and reasonable, according
to the circumstances of the case. - 4
SEC. 11. Whereas many inconveniencies do and may arise, by
reason that persons being ideot, lunatick, or mom compos mentis,
having estates in lands, tenements, or hereditaments, in trust only
for others, or by way of mortgage, cannot (though by the direction
of the cestwy que trust, or mortgagor) convey any sure estate in any
such lands, tenements, or hereditaments, to any other person or per-
sons; For remedy thereof, be it enacted * * * That from and after the
twenty fourth day of June, one thousand seven hundred and thirty
One, it shall and may be lawful to and for any such person or persons,
being ideot, lunatick, or mom compos mentis, or for the committee-
or committees of such person or º in his, her, or their name
or names, by the direction of the [lord] chancellor [of Great Britain,
or the lord keeper, or commissioners of the great seal of Great Brit-
ain for the time being,j signified by an Order made, upon hearing all
parties concerned, on the petition of the person or persons, for whom
such person or persons being ideot, lunatick, or mon compos mentis,
shall be seized or possessed in trust, or of the mortgagor or mort-
gagors, or of the person or persons intitled to the monies secured by or
upon any lands, tenements, or hereditaments, whereof any such per-
Son or persons being ideot, lunatick, or mom compos mentis, is or are,
or shall be seized or possessed by way of mortgage, or of the person or
persons intitled to the redemption thereof, to convey and assure any
such lands, tenements, or hereditaments, in Such manner as the lord
chancellor of Great Britain, or lord keeper, or commissioners of the
great seal of Great Britain, shall, by such order so to be obtained,
direct, to any other person or persons; and such conveyance or assur-
ance, so to be had and made as aforesaid, shall be as good and effec-
tual in law, to all intents and purposes whatsoever, as if the said
person or persons being ideot, lunatick, or mom compos mentis, was
or were, at the time of the making such conveyance or assurance, of
Sane mind, memory, and understanding, and not ideot, lunatick, or
nom compos mentis, or had by him, her, or themselves executed the
same; any law, custom, or usage to the contrary in any wise not-
Withstanding. * * * .
SEC. 12. All and every such person and persons being ideot, luna-
tick, or mom compos mentis, and only trustee or trustees, mortgagee or
mortgagees, as aforesaid, or the committee and committees of all and
every such person and persons, being ideot, lunatick, or non compos
mentis, and only such trustee or mortgagee as aforesaid, shall and
may be empowered and compelled, by such order So as aforesaid to
|be obtained, to make such conveyance or conveyances, aSSurance Or
assurances, as aforesaid, in like manner as trustees or mortgagees
of same memory are compellable to convey, Surrender, or assign
their trust estates or mortgages. .*
CHAPTER x.—CHANCERY.
79
^s
SEC. 13. Whereas many inconveniences do and may arise by reason
that persons under the age of one and twenty years, having estates
in lands, tenements or hereditaments, only in trust for others, or by
way of mortgage, cannot (though, by the direction of the cestwy que
trust, or mortgagor) convey any sure estate in Such lands, tenements,
or hereditaments to any other person or persons : For remedy thereof,
be item acted * * * That from and after the tenth day of May, one
thousand seven hundred and nine it shall and may be lawful to and
for any such person or persons, under the age of One and twenty years,
by the direction of the high court of chancery, (or the court of
exchequer,) signified by an order made upon hearing all parties con-
cerned, upon the petition of the person or persons for whom such infant
or infants shall be seized or possessed in trust, or of the mortgagor or
mortgagors, guardian or guardians of such infant Orinfants, or person
or persons entitled to the monies Secured by or upon any lands, tene-
ments, or hereditaments, whereof any infant or infants are or shall be
seized or possessed by way of mortgage, or of the person or persons
entitled to the redemption thereof, to convey and assure any such
lands, tenements, or hereditaments, in such manner as the said court
of chancery, [or the court of exchequer] shall, by such order so to be
obtained, direct, to any other person or persons; and such convey-
ance or assurance so to be had and made, as aforesaid, shall be as
good and effectual in law, to all intents and purposes whatsoever
as if the said infants or infant were, at the time of making such
conveyance, or assurance, of the full age of one and twenty years;
any law, custom, or usage to the contrary in any wise notwith-
standing.
SEC. 14. All and every such infant Or infants, being only trustee
or trustees, mortgagee or mortgagees, as aforesaid, shall and may be
compelled by such order so, as aforesaid, to be obtained, to make
such conveyance or conveyances, assurance or assurances, as afore-
said, in like manner as trustees or mortgagees of full age are com-
pellable to convey or assign their trust, estates, or mortgages.
SEC. 15. Any person or persons under the age of twenty-One years,
seized or possessed of any lands, tenements or hereditaments, intrust,
or by way of mortgage, or seized or possessed thereof, charged or
chargeable with the payment of money or tobacco, and therefore
subject or liable to a decree for sale, or bound, by an agreement to
convey, made by some person or persons having right or title to
make such agreement, and therefore subject or liable to a decree for
sale, or bound by an agreement to convey, made by some person
or persons having right or title to make such agreement, and
therefore subject Or Tiable to a decree for Conveyance, on a suit
for a specific performance or execution of such agreement, shall,
by the direction of the court of chancery, signified by an order
made upon the petition of the person or persons for whom such
infant or infants shall be seized or possessed in trust, or of the
mortgagor or mortgagors, or other person or persons entitled to
Redemption, or person or persons entitled to money or tobacco,
secured by or upon the said lands, tenements or hereditaments, or
of the person or persons entitled to any money or tobacco, with the
payment whereof the said lands, tenements or hereditaments, are
or shall be charged or chargeable, or of the person or persons
entitled to a specific performance or execution of such agreement
as aforesaid, be bound and concluded by any deed or deeds, convey-
ance or conveyances, assurance or assurances, made and executed
by the guardian or guardians (to be appointed by the said court) of
such person or persons, under the age of twenty-one years as afore-
said, "in pursuance of such order and direction of the court of
chancery, and such deed or deeds, conveyance or conveyances, assur-
Infants, being
trustees, by de-
cree of court may
make valid con-
veyances of trust
estates.
7 Anne, ch. 19.
sec. 1, A. D. 1708.
Alex. Brit. Stat.,
679, 680.
Kiſty's Rep.,
247.
Infants seized of
estates in trust
may be compelled,
by decree, to make
Conveyance.
Ibid., sec. 2.
Infants seized
of lands in trust,
Ol'
ject to an agree-
ment to convey
may be decreed to
convey.
of Jands sub-
Md. act 1778, ch.
22, Sec. 2.
1 Dorsey, 144,
145
12
fº/
Í Kilty, 481.
Thomp. Dig. ,
2,
CHAPTER x-CHANCERY.
Infants may
show cause against
decree to convey
trust, etc., estates
limitation as to
time.
Ibid., Sec. 4.
Where property
of insane person
not divisible
whole may be
sold.
Md. act 1800, ch.
67, sec. 3.
2 Dorsey, 429,
430. 76 Md, Rep.
567 : Jackson vs.
Wilson.
Chancellor may
direct the sale of
personal property,
etc., of idiot, luma-
tic, or person mom
COmpos me 77 t is,
when.
Md. act 1790, ch.
60, Sec. 2.
1 Dorsey, 267.
2 Kilty 298; 59
Md. Rep., 67 estate
of Dorsey.
Chancell or to
direct the sale of
}. of idiots,
unatics, and per-
Sons mom compos
7mentis, when nec-
essary for their
Support, etc.
Md. act 1800, ch.
67, sec. 2.
1 Dorsey, 429.
Sales of property
of idiots, lunatics,
etc., to be confirm-
ed by decree, after
report filed.
Ibid., sec. 4.
1 Dorsey, 430.
ance or assurances, so to be had and made as aforesaid, shall be as
good, valid and effectual in law, as if such infant or infants were,
at the time of making such deed or deeds, conveyance or conveyances,
assurance Or assurances, of the full age of twenty-one years, and
had by him, her or themselves, executed the same, anything in the
said recited act to the contrary thereof in anywise notwithstanding.
\
SEC. 16. That liberty be reserved to the infant or infants herein
before mentioned, and the heirs of such infant or infants, to shew
cause why such deed or deeds, conveyance or conveyances, assurance
Or assurances, Ought not to have been ordered or directed, within six
months, as limited in the said recited law, and in the manner and
within the time therein mentioned.
SEC. 17. In cases where a sale of the property of any idiot, lunatic
Or person non compos mentis, shall be necessary for the support of
Such person, and such property will not admit of division without
prejudice thereto, Or shall be so situated, or of such a nature, as to
render it advisable and beneficial to such person, in the opinion of
the chancellor, to sell the whole, or any greater part thereof than
may be necessary for the immediate support of such person, the said
chancellor shall have full power and authority to order a sale or
Sales to be made of the whole, or so much of the property of such
idiot, lunatic or person non compos mentis, as he shall think proper,
and to direct the application of the money arising from such sale or
Sales, and the interest thereof, for the purposes aforesaid, and to
direct from time to time in what funds the money arising from said
Sales shall be vested, and in all things to Order in the premises as he
may deem for the benefit and advantage of said lunatic.
SEC. 18. The chancellor shall have full power and authority to
direct the Sale of any personal property belonging to any idiot, luna-
tic, Or person mon, compos mentis, whose person and estate hath been,
or shall be, committed to a trustee or trustees, provided it shall
appear to the said chancellor to be beneficial to the said idiot, luna-
tic, or person mom compos mentis, to convert the personal estate into
money, and place the same on interest; and provided that no sale of
the said property be valid until the purchase money be paid, or a
bond taken for the same in the name of the trustee or trustees, as
Such, with two good Securities, to be approved by the chancellor.
SEC. 19. From and after the passage of this act, the chancellor
shall have full power and authority, in all cases where trustees shall
or may be appointed under the authority of the chancery court for
the management of the estates and persons of idiots, lunatics and
persons mon compos mentis, to order and direct the property of such
idiot, lunatic Or person mom compos mentis, or so much thereof as he
may judge necessary for the support of such idiot, lunatic or person
nom compos mentis, Or for the payment of all reasonable and just
expenses which such trustee or trustees may or have occurred, to be
Sold, upon such terms as he may think proper, and to appoint a trus-
tee or trustees for the purpose of effecting such sale or sales, and the
money arising therefrom to be applied to the discharge of such
eXpenSeS.
SEC. 20. All sales made by the authority of the chancellor, under
this act, shall be notified to and confirmed by, the chancellor, before
any conveyance of the property shall be made, and bond, with good
and sufficient Security, to be approved by the chancellor, shall be
given by the person or person's empowered to sell the property as
aforesaid, for the due execution of the trust committed to him or
them, which bond shall be lodged with the register in chancery.
CHAPTER X. —CHANCERY. 81
SEC. 21. The Fº sum arising from the sale of the said prop- Proceeds of sale
erty, or so much thereof as may remain unapplied to the use and i.º.º.
maintenance of said lunatic, during the life-time of said lunatic, ...". ...i
shall, on the death of the said lunatic, belong to such person or how distributed
persons, his, her or their heirs or legal representatives, as would after their death.
have been entitled to the said property in case the same had not & tº
been sold. l - Ibid., SeC. 0.
SEC. 22. Where any person or persons under the age of twenty- . In case of in:
one years, or being idiot, lunatic, or mom compos mentis, are or shall º º:
tº y Order
be possessed of any lands, tenements, hereditaments or real estate, sº of ji jiàº.
whatsoever, which are, or shall be and stand, mortgaged for the when subject to
payment of any sum or sums of money or tobacco, or for securing the mortgage.
payment of any debt whatsoever, and the day of payment in such Md. actins, ch.
mortgage is elapsed, it shall and may be lawful for the chancellor, 72, sec. 3. "
upon the petition of the mortgagee, or mortgagees, or any person 1 Dorsey, 208.
claiming under the mortgage, after summoning the infant, and his ºilty:47,
appearance by guardian, to be appointed by the chancellor for that tº homp. Dig.,
purpose, and to answer and defend on the part of such infant, or iſ Md. Rep., 396,
after the appearance of such person being idiot, lunatic or mom Bolgian o vs.
compos mentis, by the trustee or trustees, or committee of such Cook 3 Har; &J,
erson being idiot, lunatic or mom compos mentis, to be appointed #..º.º.
i. the chancellor on behalf of such person for the purposes aforesaid, M.H. 23:...
and hearing all parties, and being well satisfied of the execution of vs. jones.’
the deed of mortgage, and that the sum claimed by the person
..making such application is justly due, to Order and decree a sale of
such mortgaged premises, or such part thereof as may be necessary
to discharge the debt or debts due on Such mortgage, or the chan-
cellor may decree a foreclosure of the whole or such part of the
mortgaged premises as may be necessary and sufficient to discharge,
pay and satisfy, the debt or debts due upon and secured by such
mortgage, in such manner as the chancellor Shall judge most proper;
but if a part only is foreclosed, and such part shall be esteemed by
the mortgagee, or person praying a foreclosure, insufficient to pay
the money secured by such mortgage, then a sale thereof shall be
made in such manner as the chancellor shall direct, and the money
raised by such sale, or so much thereof as is necessary, shall be
applied to discharge the debt Secured by Such mortgage; and if
money sufficient to pay the debt secured by the mortgage is not
raised by a sale of the part foreclosed and sold as aforesaid, then
the chancellor shall decree a sale of such other part of the mortgaged
premises as will be sufficient for that purpose.
SEC. 23. That in all cases where a foreclosure of any mortgage, or Mortgage fore.
sale of any land, shall be applied for, in which any infant shall be closures where
interested, the person or persons applying for such foreclosure or nºt. ºned,
sale, before any decree of forclosure or sale is made, shall give bond, bº. Of
with good and sufficient security, approved by the chancellor, to the plea mºst fac-
infant, his heirs, executors and administrators, in such penalty as tum.
the chancellor shall direct, with condition, that in case the infant, Tilia.
within one year after arrival to age, shall make appear to the satis- šºſs.
faction of the chancellor, that there was fraud in obtaining the Thomp. Dig.,
mortgage deed, or that no deed was really executed, or that the debt. 126.
claimed, or so much as decreed to be paid, was not really due,
that then the obligor, his heirs, executors or administrators, will
reconvey the mortgaged premises to the infant, in case of decree for
foreclosure, or in case of sale, to pay to the infant either the whole
or such part of the money raised by such sale as the chancellor shall
determine to be just, and also stand to, or abide by, such order and
decree as the chancellor shall make in the cause; which bond shall
be filed and safely kept by the register in chancery, and also recorded
6 C S
82
Chapter x-CHANCERY.
Mortgage fore-
closure sale may
be ordered; bond
and obligation
thereof.
Plea, of mom, est
factum must be
verified.
Orders enforced
by attachment.
Ibid., sec. 3.
2 Kilty, 48.
1 Dorsey, 209.
Thom p. Dig.,
127.
60 Md. Rep.,589,
McDonald vs.
Building Assn. ;
31 Md. Rep., 476,
Johnson vs. Rob-
er t so n : 52 M d.
Rep.,378, Johnson
ºws. Hambleton : 30
Md. Rep., 522,
Dorsey vs. Dorsey.
Trustee may be
appointed to sell
lands of deceased
persons, when.
Ibid., sec. 4.
1 Dorsey, 210.
10 Peters Rep.,
566, Peter vs.
Beverly; 2 How-
ard R., 57, Shriver
vs. Lynn; 4 Gill
and J. R., 323, Ma-
gruder vs. Peter;
58 Md. Rep., 211,
Keplinger vs. Mac-
cubbin; 60 MCl
Rep., 1 36, Co
W –
with the decree in the case; and suit may be maintained either upon
the original or a copy of the record by the infant, his heirs, execu-
tors or administrators, upon breach of the condition, and in such
suit the plea of mom, est factum shall not be received unless verified
by the affidavit of the defendant or defendants,
SEC. 24. In all cases of application to the chancellor to foreclose
any mortgage, he shall have full power and authority, in case the
party against whom the bill shall be filed does not pay the sum due
upon the mortgage by the time limited in the decree for paying the
same, to Order and direct that the mortgaged premises, or so much
thereof as may be necessary to discharge the money due and costs,
be sold for ready money, (unless the plaintiff shall consent to a sale
On Credit,) by a proper person to be appointed by the chancellor, and
to order that the money raised by such sale be brought into court to
be paid to the plaintiff; and the person empowered to make such sale
shall give bond, with good security, to be approved by the chan-
cellor, for the faithful execution of the trust, and full compliance
with the Order of the chancellor, and upon failure to execute such
trust, the party grieved shall have a right to bring suit on such
bond, or a copy thereof, against principal and security or securities,
and shall recover the money for which the mortgaged premises shall
have sold, and the plea of non est factum shall not be received,
unless verified as aforesaid ; and the chancellor may also issue
attachment of contempt against the person empowered to sell as
aforesaid, and his security or Securities, and may thereupon commit
both principal and securities until his order shall be fully complied
With, and contempts cleared.*
SEC. 25. If any person hath died or shall die, leaving real or per-
Somal estate to be sold for the payment of debts, or other purposes,
and shall not, by Will or other instrument in Writing, appoint a per-
son or persons to sell or convey the same property, or if the person
Or persons appointed for the purpose aforesaid shall neglect or refuse
to execute such trust, or if such person or persons, or any of them,
shall die before the execution of such trust, so that the sale cannot
be made for the purposes intended, in every such case the chancellor
shall have full power and authority, upon application or petition
from any person or persons interested in the . of Such property,
to appoint such trustee or trustees for the purpose of selling and con-
veying such property, and applying the money arising from the sale
to the purposes intended, as the chancellor shall, in his discretion,
think proper.
man vs. Colquhoun; 7 Mackey Rep., 423, Marshall vs. Wheeler.
When creditor
may procure Sale
of d e c e dent's
lands.
SEC. 26. If any person hath died, or shall hereafter die, without
leaving personal estate sufficient to discharge the debts by him or her
due, and shall leave real estate which descends to a minor, Or person
being idiot, lunatic, or mom compos mentis, or who shall afterwards
become mom compos mentis, or shall devise real estate to a minor, or
person being idiot, lunatic, or mom compos mentis, or who shall after-
wards become mom, compos mentis, the chancellor shall have full
power and authority, upon application of any creditor of such
deceased person, after summoning such minor, and his appearance
by guardian, to be appointed as aforesaid and hearing as aforesaid,
or after summoning the person being idiot, lunatic, or mom compos
ºnentis, and his appearance by trustee, trustees or committee, to be
Ibid., sec. 5.
2 Kilty, 49.
Thomp. Dig.,
128.
7 Mackey Rep.,
414, Marshall vs.
Wheeler: 8 Peters
Rep., 143, Bank
of U. S.U.S. Ritchie:
66 Md. Rep., 92,
* By 1794, ch. 60, sec, 9.2 Kilty 512, when a mortgagor has removed, and his situation can not be
ascertained, or that of his representatives, the chancellor, on evidence thereof, may decree a fore-
closure or sale, on giving such public notice as he shall deem necessary.
CHAPTER X. —CHANCERY. 83
appointed as aforesaid, and hearing as aforesaid,” and the justice of White.º. ºff-
the claim of such creditor is fully established, if, upon consideration §:
of all circumstances, it shall appear to the chancellor to be just and #ºnº *::::
proper that such debts should be paid by a sale of such real estate, Rep., 529, How-
to order the whole or part of the real estate, so descending or devised, ard vs. Waters;
to be sold for the payment of the debts due by the deceased. #. Md. Rep;450,
- idgely vs. Bond.
SEC. 27. The chancellor shall have full power and authority in all Care of the per-
cases to superintend, direct and govern, the affairs and concerns of sons and manage.
persons who are or may be lunatics or idiots, both as to the care of .º.º.º.º.
their persons and management of their estates, and may appoint a directed by the
committee, trustee or trustees, for such persons, and may make such court; appoint-
orders and decrees respecting their persons and estates as to him may ment of , ºom.
seem proper, and may, upon application of any creditor or creditors : ** Of
of any person who is idiot, lunatic, or non compos mentis, and being * *
satisfied of the justice of the claim, and that it will be for the bene- Ibid., Sec. 6.
fit and advantage of the estate of such person being mom, compos #: 5 *.
mventis, to discharge and pay Such claim, and that there is no other 49. ‘....
means of so doing than by selling part of the estate of such person, 3Granö. Cº. 3ſi.
appoint a committee, trustee or trustees, for such person being idiot, Burk vs. Whea-
lunatic, or mom compos mentis, and may direct such committee, trus- ºn 3,89 Md. Rep.,
tee or trustees, to sell so much of the personal property of such per- º *. Re;
son as may be necessary to dischargé the debts by him or her due, #3. ".
and if the personal property is not sufficient, them so much of the Wiison.
real property of Such person being idiot, lunatic, or mom compos
'memtºs, as will be sufficient for the purpose aforesaid, may be ordered
by the chancellor to be sold for such purpose.
SEC. 28. The chancellor shall have full power and authority to Trustee may be
appoint a trustee or trustees for the purposé of making any salé by ºppointed ſomake
º ; , , e *e 'a -l- : :}; any sale of estate
him directed in pursuance of this act. of the insane.
Ibid., Sec. 7. I Dorsey, 212. Thomp. Dig., 129. 61 Md. Rep., 530, Worthington
vs. Lee. g
SEC. 29. All sales made by the authority of the chancellor under this Such sales must
act, shall be notified to, and confirmed by, the chancellor, before e confirmed be-
any conveyance of the property shall be made, and bond with good º "...a
and sufficient Security, to be approved by the chancellor, shall be of trustee. #. ob-
given by the person Or persons empowered to sell property as afore- ligation, plea of
said, for the due execution of the trust committed, which bond shall nom est factum.
be lodged with the register in chancery ; and any person interested Tbid., sec. s.
in such sale shall have a right to a copy of such bond, and a certifi- 20 Md. Rep. 117.
cate from the said register under his hand and seal of office paying Cumberland Co.
ten shillings for the same, upon which copy and certificate an action § Sherman; 19
tº º e * * * * * * Md. Rep., 377, Bol-
may be maintained, in the name of the state, for the use of the party ...'é.";
interested and apprehending himself aggrieved; and judgment may Wid. rep. $5.
be by such party recovered upon such action for the damages by Folck vs. Smith.
him actually sustained, and the plea of mom est factum shall not be
*By 1789, ch. 46, the chancellor shall have the same power to direct the sale of lands in this State
belonging to minors, residents of any other State. Such notice to be given as the chancellor may
qirect. And by 1790, ch. 38, the chancellor may direct the sale of all lands and real property in this
State, or any remainder or reversion thereon dependent belonging to minors, residents out of the
State and the United States, for payment of debts due from the person from whom they derive such
reunainder, reversion or real estate; such notice to be given as the chancellor shall think proper.
. By 1799, Ch. 79, Sec. 4, in bills filed against infants out of the State, there shall be the same proceed-
ings as if the infants were of age, subject to revision in the manner therein prescribed.
By Ch. 78, on a person's dying seized of lands, etc., in this State, liable to be escheated, such lands,
ºney be decreed to be sold for the payment of his debts, if he has not left personal property suffi-
Cl62T1L.
By 1794, ch. 60, real estates, devised or descending to nonresidents, may be decreed to be sold for
the payment of debts. Likewise the real estates, or equitable interest therein, of persons dying
without §ny known heirs, or devisees ; and provision is thereby made for obtaining the legal title.
By 1797, ch. 114, on a bill being filed against the heirs of a person deceased, and the person appearing
who would have been heir if the act of 1786 to direct descents had not passed, the chancellor may
Order notice to be giyen, (by publication), to the other heirs, and may thereupon proceed in the suit,
reserving to such heir the liberty of appearing, etc., within a limited time. X-
* By April, 1787, ch. 30, sec. 5; 2. Kilty, 121; 1 Dorsey, 244, the chancellor may allow to guardians,
trustees, etc., a commission from 1 to 74 per cent on sales under his orders or decree. .
84 CHAPTER'Y.—CHANCERY.
received to any such action, unless the same is verified by the affi-
davit of the defendant or defendants tendering the same. -
Court regulates SEC. 30. All sales by the direction of the chancellor under the
terms of such sale ** ~ * * - to wº e ; , ,
and may require authority of this act, except in the case where a sale is directed to
bond. be made for ready money as aforesaid, shall be made upon such
-- . . terms and conditions as the chancellor shall determine; and in case
*tº: º any Sale shall be made on credit, the chancellor may, upon applica-
2 Kilty, 50. -
1 Dorsey, 213. tion of the mortgagee or creditor, direct any bond taken in conse-
iſſi'i.e., quence of such sale to be assigned to such mortgagee or creditor;
158, Ward vs. Hoi and the assignee Or assignees respectively may sue and maintain
lins; 13 Md. Rep., actions in their names against the obligor or obligors in such bonds.
348, Wampler vs. Wolfinger; 9 Md. Rep., 359, Wilson vs. Watts. !
ºl. , SEC. 31. In all gases where there hath been, or may hereafter be,
* º an appointment of a trustee or trustees by last will and testament,
ºr: to execute any trust, and any person interested in the execution of
ºº 10. Such trust shall make appear to the chancellor, that it is necessary
i jº; 313. for the safety of those interested in the execution of such trust, that
Tiſº. Big, the trustee or trustees should, give bond and security, for the due
130. execution of the trust, it shall and may be lawful for the chancellor
50Md. Rep.,506; to Order and direct that such bond be given by the trustee or trustees,
; #. i. ; On or before a day by the chancellor to be appointed; and if bond,
* * * * with such security as may be approved by the chancellor, shall not
be given by such trustee or trustees, agreeably to such order, then
the chancellor may displace such trustee or trustees, and appoint
One or more trustee or trustees in his or their stead, who shall give
bond and security, to be approved by the chancellor, for the due execu-
tion of the trust ; and all bonds taken in virtue of this power shall
be made payable to the United States of America [state, and shall
be filed and kept by the registerin chancery, and also by him recorded,
and upon any breach of the condition, Suit may be brought by any
person interested, either upon the Original bond or a copy of the rec-
ord, and the plea of mom, est factum shall not be received in such suit,
unless it be verified by affidavit of the defendant or defendants.
When Çolºt SEC. 32. In case any deed hath been or shall hereafter be executed,
i. 9.3%; to the validity of which recording is necessary by law, and such deed
erecorded, effect hatl * * * * re gth fººt : l-l.
thereof. lath not been, or shall not be, recorded agreeably to law, without
* any fraudulent design or intention of the party claiming under such
*; *is deed, that the chancellor shall have full power and authority, upon
214. 5 ’ application of the party claiming under such deed, and summoning
- and hearing the party making such deed, his heir, devisee, executor
or administrator, as the case may require, and being Satisfied that
the party claiming under such deed has a fair and equitable claim to
the premises therein mentioned, to Order and decree that such deed
shall be recorded; and when such deed is recorded, it shall, in pur-
suance of such decree, be taken and considered in all courts of law
and equity against the party making Such deed, his heirs, devisees,
executors and administrators, in the same state, and to have the same
effects and consequences, to all intents and purposes, as if such deed
had been recorded within the time prescribed by law, but such deed
shall not destroy, or in any manner affect, the title of any purchaser
of the same thing or premises in case of a purchase made after the
date of the deed aforesaid, and without notice of such deed by the
person making such after purchase, whether such purchase be by
contract or by deed recorded agreeably to law, nor shall such deed,
though recorded as aforesaid, in any manner affect the creditors of
the party making such deed, who may trust. Such party after the
date of the said deed.*
* By 1791, ch. 79, 1 Dorsey, 283, a similar power is given to the chancellor, where the person exe-
cuting such deed, his devisee or representatives, may be nonresidents of this state, without the
appearance or hearing of the defendant, on notice being given as the chancellor may direct. .
By 1792, ch. 41, 1 Dorsey, 286, the chancellor may decree the recording of such deed, without the
appearance or hearing of the defendant, on such notice being given as he may direct. A proVision
is also made for a rebearing.
See also sec. 6, post, this chapter.
CHAPTER X. —CHANCERY. ~. 85
N
SEC. 33. In case any infant, idiot, or person mon, compos mentis, Infants or , in-
hath, or shall hereafter have, a joint interest, or interest in common ºne pºons, hay.
with any other perSon or persons, in equal or unequal proportions, #.
in any lands, tenements or hereditaments, and it shall appear to the be decreed."
chancellor, upon application of any of the parties concerned, and Ibid Q
upon appearance of the infant, idiot, or person non compos mentis, i. ;
as aforesaid, and hearing and examination of all the circumstances, 13ſ. P. p.g.,
that it will be for the interest and advantage both of the infant, 136 U. S. Rep.,
idiot, or person mom compos mentis, and of the other person or per- #9, Thº...º.
sons concerned, to sell such lands, tenements or hereditaments, or jºie, *
any part thereof, the chancellor may Order and direct such lands, Rºy Rep.10;
tenements or hereditaments, or any part thereof, to be sold, upon Eliot.”vs. Brent;
such terms as the chancellor shall direct, always taking care that a 4. Mackey, Rep.,
just proportion of the money arising from Such sale be well and suf- ; l º Mā.
ficiently secured to be paid to such infant, idiot, or person mom com- Hº! ºpºd.
pos memtis ; and if any contract hath been made for any lands, tene- ºg 'waters. 6;
ments or hereditaments, held as aforesaid, for or on behalf of any Md. Rep., 77,
infant, idiot, or person non compos mentis, which the chancellor, Roºg º Loº;
upon hearing as aforesaid, and examination into all the circum- *...* º
stances, shall think for the interest and advantage both of such i. iſ Gill and
infant, idiot, or person mon, compos memtºs, and of the other person J. Rep., 87.
or persons interested therein, to be confirmed, the chancellor may
confirm such contract, and order a deed to be executed according
to the contract ; and all sales and deeds made in pursuance of
and agreeably to an order of the chancellor, in consequence of
the above power, shall be good and sufficient in law to transfer the
estate and interest of such infant, idiot, or person mom compos mentis,
in such lands, tenements or hereditaments, according to the true
intent and meaning of such deeds respectively; and in all cases of
deeds executed in consequence of the above power, the deed shall be
executed and acknowledged by such person or persons as the chancel-
lor shall appoint for this purpose.*
Ö
SEC. 34. In all cases where a decree of the chancellor shall be made When decree
for a conveyance, release or acquittance, and the party against whom shall have effect of
such decree shall pass shall neglect or refuse to comply there with, *
such decree shall stand, be considered and taken, in all courts of law Ibid.; seglá.
and equity, to have the same operation and effect as if the convey- #.”;is
. release or acquittance, had been executed conformably to such T. º fig,
GCl’GO. 132.
SEC. 35. The parties, and their attorneys or agents, shall have a Parties may be
right to be present at the execution of all commissions hereafter Present, at execu-
to be issued from the court of chancery for examining witnesses and . *:
taking evidence, and the interrogatories of the respective parties mony.
shall be read by the commissioners, so that they may be heard by e
the parties, their attorneys or agents, respectively, if they choose to #. bic
attend, and each party shall, On application, have a right to a copy 133. D. L.19. ,
of the interrogatories of the adverse party, to be delivered by such
party before any witness is examined on such interrogatories, and if
either party shall, after witnesses are examined on the interroga-
tories of the adverse party, desire the commissioners to adjourn to a
future day for the purpose of receiving additional interrogatories,
proofs and witnesses, it shall be done by the commissioners, and the
Commissioners shall receive such additionalinterrogatories in writing,
and take the proofs and evidence offered, and shall give each party
a fair opportunity of adducing all his testimony; but if the party
requiring an adjournment for the purpose aforesaid, shall neglect or
refuse to exhibit his interrogatories, and produce his evidence, at
* By 1794, ch. 60, 1 Dorsey, 315, provision is made for decreeing a partition of lands held by infants,
idiots, etc., jointly with other persons; and by 1797, ch. 114, 1 Dorsey 356, it is extended to infants
residing out of the District [State,) on their answer being taken by commissioners to be appointed by
the chancellor.
See act 1799, ch. 79, sec. 4, 2 Kilty, 916, is to nonresident infants,
86
CHAPTER x.—CHANCERY.
Allow an c e to
CO
mmissioners,
etC,
Ibid., sec. 15.
1 Dorsey, 216.
*. Thom p. Dig.,
134.
Payment of al-
' lowances to Com-
missioners, etc.,
may be enforced.
Ibid., sec. 18.
Pro confesso
may be entered
where defendant
fails to answer.
Ibid., sec. 19.
1 Dorsey, 217.
2 Kilty, 52.
CO
Proceeding to
mpel answer,
pro confesso or
CODO DTISSIOIl.
135
Ibid., Sec. 20.
Thomp. Dig.,
the meeting in consequence of such adjournment, and it shall appear
to the commissioners that delay and procrastination is effected by
such party, then no further time shall be given him for the purpose
aforesaid.*
SEC. 36. Each commissioner to take evidence, acting in conse-
quence of an appointment from the chancery court, shall be allowed
twenty shillings current money [$2.66%) per day for every day he shall
actually serve in the execution of such commission, to be paid by
the parties according to the time that such commissioner serves in
taking the testimony of such parties respectively, and to be taxed in
the bill of costs of the party for whom the decree of the chancellor
shall pass in the cause. -
SEC. 37. Payment of the allowances to commissioners, witnesses,
and the auditor aforesaid, may be compelled by order of the cham-
cellor, and process of contempt for disobedience to such order may
be issued as in other cases. -
1 Dorsey, 217. 2 Kilty, 52.
SEC. 38. If any defendant, being of full age and regularly sum-
moned to appear to any bill or petition in chancery, shall refuse or
neglect to appear thereto at the return court, [and thereupon shall
stand out the process of attachment of contempt, and attachment
With proclamations, and do not appear] and put in a good and suffi-
cient answer to the said bill or petition [by the fourth day of the
court to which the said attachment with proclamations is returna-
ble, or being served after appearance with, and brought into court
upon, any process of contempt, for not answering the bill or peti-
tion filed, the said defendant, so brought into court, shall and may,
upon motion, stand committed by Order of the court for the same
until discharged by the further order thereof; and if the defendant
in the case first mentioned shall not appear and answer as aforesaid,
by the fourth day of the court to which the attachment with procla-
mation is returnable, or if the defendant so committed for not answer-
ing as aforesaid shall not put in a good and sufficient answer by the
fourth day of the court next after the court at which he shall be
committed, in either case, unless the defendant shall have further
time granted by the court to put in such answer, the bill Or petition
shall be taken pro confesso, and such decree made thereupon as by
the court may be thought just ; and if in either of the cases aforesaid
the defendant shall have further time granted him to answer, and
the said defendant shall not, before the expiration of such further
time, put in a good and sufficient answer to the bill or petition
exhibited against him, such bill or petition shall be taken pro confesso
without any further delay, and such decree made thereon as by the
court may be deemed just ; or the chancellor, in his discretion, may,
in the cases aforesaid, order commission to issue for the plaintiff to
examine witnesses to prove the allegations in his bill or petition, Or
the chancellor may examine the plaintiff on Oath upon interroga-
tories, to ascertain the allegations in his bill or petition, and Such
decree shall be made in either case as the chancellor shall think just.
SEC. 39. Every defendant appearing at the return court of the
subpoena, shall file a good and sufficient answer to the bill Or petition
exhibited against him, with the register in chancery, On or before
the first [fourth] day of the court next following the said return
court; and if the defendant, (not having further time granted by
the court to file an answer,) shall omit or neglect to file such answer
* By 1795, ch. 88, sec. 4, 2 Kilty, 584, a commission for taking depositions (with the consent of both
parties) may issue to one person, instead of four, and by 1799, ch. 79, Sec. 6, 2 Kilty, 917, a commis-
sion for any other purpose may issue (with the like consent, and the approbation of the chancellor)
to one person, or to three, with power to any two. t
CHAPTER X. —CHANCERY. 87
accordingly, the defendant shall be in contempt, and the plaintiff
shall and may, upon motion, have an attachment of contempt against
him, and if the defendant upon such attachment shall be returned
mon est inventus, the plaintiff shall be at liberty to obtain, upon
motion, the usual process of attachment with proclamations to
compel the defendant to answer, and if the defendant shall stand
out the said process of attachment, and attachment of proclamations,
and shall not file a good and sufficient answer by the return court
of the last of the said process, the bill or petition filed, unless the
defendant shall have further time granted him by the court to put
in such answer, shall, upon motion, be taken pro confesso, and such
decree made thereupon as by the court may be thought just, and if
the said defendant shall have further time granted him to answer,
and the said defendant shall not, before the expiration of such
further time, put in a good and sufficient answer to the bill or
petition exhibited against him, such bill or petition shall be taken
pro confesso, without further delay, and such decree made thereon
as by the court may be deemed just, or the chancellor may, in his
discretion, in said cases, Order commission to issue as aforesaid, or
examine the plaintiff as aforesaid, and thereupon decree as he shall
think just.
SEC. 40. In all cases the defendant in chancery may exhibit inter- Defendant may
rogatives to the plaintiff which shall be answered by him in writing ...;
upon oath, and such answer shall be evidence in the cause, in the . .”
5 5 *
same manner, and to the same effect, that the defendant’s answer to T.T. . . .
the plaintiff's billis evidence, and there shall be the same process, ſº sº
and the same power exercised by the chancellor to compel the . #.#3."
laintiff to answer the defendant’s interrogatories, as can be issued, or Thºps. Dig.
awfully exercised, to compel the defendant to answer the plaintiff’s 136.
bill. 9 Blatchf. Rep.,
- - - 316, Heath vs. Erie
Railroad; 26 Mich. Rep., 102, 63 Ga. Rep., 312; 113 U.S. Rep., 713, Ea, parte Fisk.
SEC. 41. In order to enforce obedience to the process, rules and Orders enforced
Orders, of the chancery court, in all cases where any party or person * process of con-
shall be in contempt for disobedience, non-performance or non- ºnd CODOl-
observance, of any process, rule or order, of the chancellor or chan- –
cery court, or for any other matter or thing whatsoever, whereby or bid.: sec. 33.
wherein a contempt, according to the rules, law, practice or course, #. *}.
of the said court may be incurred, such party or person shall, for 13%. D. Lig.,
every such contempt, and before he shall be released or discharged
from the same, pay to the register in chancery, a sum not exceeding
ten pounds [$26.66%] current money, as a fine for the purgation of
every such contempt, and that the said party or person being in
Court, upon any process of contempt, or otherwise, upon the order
of the chancery court, shall and may stand committed and remain
in close custody, until the said process, rule or Order, shall be fully
performed, obeyed and fulfilled, and until the said fine or fines for
such contempts imposed by the said court, and the costs, shall be
fully paid and discharged.
SEC. 42. If any marshal [sheriff, coroner, or other public officer Public officers,
or person, to whom any process or order, according to the course of $919 tº “tº may
- * * *** b e ... be punished by
the chancery court, shall or may be directed or delivered, shall serve #.e..."...”.
and execute, and return, served, or executed, and the said marshal execute j
[sheriff, coroner and other public officer, is and are hereby author- order.
ized and commanded to serve and execute any process of contempt, º *.
g e * Ibid., Sec. 23.
whether it be an attachment of contempt, attachment with procla; "... .
mations, or any Order of the chancellor commanding such marshal
[sheriff, coroner, or other public officer or person, to take and bring
into court the body or bodies of the person or persons therein men-
88
CHAPTER X. —CHANCERY.
Such Officers
failing to return
process or order
shall be fined.
Ibid., sec. 24.
1. Dorsey, 222.
2 Kilty, 54.
tioned, and the said marshal [sheriff, coroner, or other public
officer or person, do and shall not bring into and have in court the
body or bodies of the person or persons mentioned, according to the
tenor of the process or order, and the return thereof, the plaintiff or
person obtaining such process or Order may move, that the marshal
sheriff, coroner, or other public officer or person, be amerced, and
it shall and may be lawful for the chancellor, upon motion, to amerce
such marshal [sheriff, coroner, or other public officer or person, nisi
the court next following such motion for amerciament, or the return
of the process, or order any sum of money (having regard to the
value of the matter, thing or sum, in question or demand,) and fine
for contempt and costs, to compel such marshal [sheriff, coroner,
or other public officer or person, to comply with and fulfil the tenor
of the process or order, and the return thereof, as the chancellor
may think proper ; and that when the said amerciament, (which the
chancellor may, in his discretion, as he may see just cause, continue,
or enlarge or increase, from court to court,) shall be no longer con-
tinued, enlarged or increased, and thereby become final, the chan-
cellor may, upon motion, Order the said marshal [sheriff, coroner, or
other public officer or person, to pay the said amerciament and costs
to the plaintiff or other person at whose instance the said amercia-
ment is made, and fine for contempt, and upon a non-compliance
with the said order for payment, may issue a process of fieri facias
against the lands, tenements and hereditaments, goods and chattels,
of the said marshal [sheriff, coroner or other public officer, which
shall thereupon be taken and sold to satisfy Such amerciament and
fine for contempt, or the chancellor may issue a capias ad satisfaci-
endum against such sheriff, coroner or other public officer, for the
said amerciament and fine for contempt, and there shall be the same
proceedings thereon as at common law, or the chancellor may, upon
motion, order the said sheriff, coroner, or other public officer or per-
son so amerced, and in court upon process of contempt, or otherwise,
to stand committed and be kept in close custody until the said
amerciament and costs, and fine for contempt, be fully satisfied ; and
in case the amerciament aforesaid shall not be Satisfied and paid by
means aforesaid, within six months from the time it may be ordered
to be paid to the plaintiff or other person at whose instance the said
amerciament is laid, then, and immediately thereafter, such plaintiff
or other person at whose instance the said amerciament is laid, or
any person representing such person, may sue the Securities of such
marshal [sheriff, coroner, or other public officer, their heirs, execu-
tors or administrators respectively, upon the Office bond given by
such marshal [sheriff, coroner or other public officer, and such
securities, and their heirs, executors or administrators respectively,
having assets, shall be liable upon such suits to pay and satisfy such
amerciament or any part thereof which may remain unsatisfied by
such marshal [sheriff, coroner or other public officer: Provided
always, That if the said marshal [sheriff, coroner, or other public
Officer or persons, so amerced, shall at any time before the said amer-
ciament is made final as aforesaid, bring into and have in court the
body of the person arrested or taken according to the return of the
said first mentioned process or order, the said marshal [sheriff,
coroner or other public officer, shall be released and discharged from
the said amerciament upon payment of the costs incurred, and the
fine for contempt.
SEC. 43. Any marshal [sheriff] coroner or other public officer, to
whose hands any writ, process or order, of the chancery court, shall
come or be delivered, shall refuse, neglect or delay, to make return
thereof, according to the tenor and day of return of such writ, pro-
cess or Order, the same not being countermanded, such marshal
[sheriff, coroner or other public officer, shall be in contempt, and
process of contempt shall, upon motion, be awarded and issued
CHAPTER X. —CHANCERY.
89
against him, and before he shall be discharged from such contempt,
he shall pay to the register, as herein before provided, as a fine for
the said contempt, a sum not exceeding ten pounds current money,
[$26.66%] to be imposed by the court, and the costs incurred by
means thereof. *
SEC. 44. And to the end that all judgments and decrees of the
court of chancery, as well those which may pass upon bills or peti-
tions taken pro confesso as in all other cases, may be speedily and
effectually executed and fulfilled, Be it further enacted, That the
plaintiff having obtained a judgment or decree, and having served
the defendant therein named with an attested copy thereof under
seal, upon affidavit made to the satisfaction of the court of such
service, and the refusal, neglect or delay, of the defendant to obey,
fulfil and perform, the same, or leaving an attested copy under seal
of the said decree at the dwelling-house or last place of abode of the
defendant, and upon affidavit thereof made to the satisfaction of the
court, that the defendant could not or would not be found, so as to
be personally served with such copy of the decree, or the plaintiff
making it appear to the satisfaction of the court, by affidavit, that
reasonable endeavours have been used to serve the defendant with an
attested copy of the decree, and give him due notice thereof, but
that the defendant could not or would not be found so as to be served
personally with the same, it shall and may be lawful for the chan-
cellor to issue attachment of contempt, attachment with proclama-
tions, and also sequestration, against the defendant, until the
Thomp. Dig.
Decrees or judg-
ments, how en-
Orced; execution,
injunction, etc.,
process of con -
tempt.
Ibid., sec. 25.
Thomp. Dig. ,
139, 141.
| 114 U. S. Rep.,
104, Thompson
ºvs. WOOster ; * 6
Mackey Rep., 332,
Condon vs. Gray.
decree shall be fully performéd, fulfilled and executed, and the con-
tempts cleared, or to order process of sequestration to issue to com-
pel a performance of the said decree, by an immediate sequestration
of the real and personal estate and effects of the defendant, or such
part thereof as may be sufficient to satisfy the demand of the plain-
tiff in the decree specified and decreed, and to clear the contempts,
or to issue fieri facias against the lands, tenements and heredita-
ments, goods and chattels, of the defendant or defendants, upon
which sufficient property shall be taken and sold to satisfy the
demand of the plaintiff in the decree specified, or a capias ad satisfa-
ciendwm may be issued against the defendant or defendants by the
chancellor, upon which there shall be the same proceeding as at law,
or the chancellor may cause by injunction in the possession of the
estate and effects demanded by the bill or petition, and whereof the
possession or a sale is decreed, to be delivered to the plaintiff, or
otherwise, according to the tenor and import of such decree, and as
the nature of the case may require, and in case of Sequestration, the
court shall and may order payment and satisfaction to be made Out
of the estate and effects so sequestered, according to the true intent
and meaning of the decree ; and in case any defendant shall be
arrested and brought into court upon any process of contempt issued
to compel the performance of any decree of the chancery court, it
shall and may be lawful for the said court, upon motion, to Order
such defendant to stand committed, or may Order his estate and
effects to be sequestered, and payment made as above directed, or
possession of his estate and effects to be delivered, by injunction, as
above directed, until such decree or order shall be fully performed
and executed according to the tenor and true meaning thereof, and
the contempts cleared.” - •
SEC. 45. That upon any demurrer or plea being overruled upon
argument, or otherwise being withdrawn without leave of the chan-
cery court, the party whose demurrer or plea is so overruled or with-
drawn, shall pay to the opposite party the sum of five pounds cur-
rent money [$13.33%], and the costs thereof, and be in contempt until
the said sum of money and costs are fully discharged and paid.
Demur rer or
plea over ruled;
party in contempt
until costs paid.
Ibid., pt. Sec. 25.
1 Dorsey, 223.
Thomp. Dig., 141. 30 Md. Rep., 35, Gilbert vs. Arnold; 61 Md. Rep., 139, Dennison
vs. Yost.
'9() CHAPTER x. —CHANCERY.
Injunction to SEC, 46. That in all cases of injunction hereafter to be issued by
stay waste; if dis- order of the chancellor to stay Waste, if the person or persons
º ***** against whom the said injunction shall be issued, and upon whom it
* * * shall be served, shall, at any time after the service thereof, do or
Ibid., Sec. 28. commit, or with his, her or their privity, consent or direction, suffer
1 ; * or permit to be done or committed; any waste or destruction of or
#ºp ig., ſpon the premises, or any part thereof, contrary to the tenor, and
, 247. import of the said injunction, and the prohibition therein contained,
3 Cranch, Ct., upon affidavit, or other proof, of such waste Or destruction made, and
336, Thurston, ſº the chancellor, upon consideration of the case, and the circumstances
**** of landed property in this country, shall be of the opinion that waste
jišūjī. hath, really been committed, he shall and may, upon motion, order
.537, Erhardt vs. attachment of contempt against the person or persons charged with
Boaro. disobeying and Committing a breach of the said injunction; and the
said person or persons so offending being in court upon the said
attachment or otherwise, and not making it appear to the Satisfac-
tion of the court that no waste or destruction hath been done or Com-
mitted as aforesaid, since the service of the injunction, shall and may,
by order of the chancellor, if he shall see cause, and in his discre-
tion, upon motion, stand committed, and be kept in close custody
until the further order of the chancery court therein, and the chan-
cellor shall and may, either before or after commitment, Or attach-
ment issued, as aforesaid, upon motion, issue a commission to five
discreet and sensible persons, not interested in the dispute, or con-
nected with either of the parties, and residing as near as may be to
the place where such waste may be committed, directing and empow-
sering them, or any three or more of them, upon their oaths, to
inquire of the said waste, if any hath been done or committed, and
of the damage done by such waste, and the value of the thing Wasted
or destroyed; and upon a return of the said commissioners, or any
three or more of them, ascertaining the waste or destruction, and
value of the same, the chancellor shall and may, upon motion, Order
the said person or persons so having committed the Said Waste Or
destruction, being in court, upon an attachment of contempt or oth-
erwise, to stand or remain committed, and kept in close custody until
the double of the value of the damage found by commissioners as
aforesaid, and costs, are fully paid and satisfied to the person Or per-
sons suing forth such injunction, and the fine for the Contempt, or
the chancellor may issue fieri facias or capias (vd Satisfaciemdum, as
aforesaid, to compel payment of double the value of the damages
aforesaid, and costs; and as often as any further waste Or destruc-
tion shall be done or committed, contrary to the said injunction, the
same proceeding and remedy shall and may be had against the per-
son or persons having done or committed the same ; and each Com-
missioner as aforesaid appointed shall, before he acts as such, take
an oath before some justice of the peace, well and truly to execute
the said commission, without fear, favor, partiality or prejudice,
which oath shall be returned with such commission ; and each Com-
missioner shall be allowed fifteenshillings current money per day for
every day’s actual service upon such commission, to be paid by the
party against whom the complaint for committing waste is made, in
case it is found by the commissioners as aforesaid that any Waste Or
destruction shall have been committed; and if no waste or destruc-
tion shall be found to have been committed, then to be paid by the
party making complaint, and payment of the said allowance to the
commissioners as aforesaid may be compelled by Order of the cham-
cellor, and process for disobedience to such order as in other cases.
$ [See §§ 830, 831, 832, R. S. D. C.)
Injunction to SEC. 47. That whenever an application shall be made to the court
.. V E.; of chancery by bill, in the usual manner, for an injunction to stay
***** proceedings at law, the chancellor shall have full power and discre-
I ë - p
CHAPTER X. —CHANCERY.
91
tion to prescribe the penalty of a bond, which shall be executed to
the plaintiff of plaintiffs at law, with a surety or sureties approved
by the chancellor, before the said injunction shall be granted ; that
the condition of the said bond shall be, to perform such order or
decree as the chancellor shall finally pass in the cause on the hearing
of both parties; and that whenever an injunction shall be obtained
irom the court of chancery by an executor or administrator, on filing
a bill, and executing a bond as aforesaid, the chancellor shall have
full power and discretion to decree against Such executor or admin-
istrator, as equity and good conscience shall to the chancellor seem
to require. (See §§ 830, 882, R. S. D. C.)
SEC. 48, And, whereas it sometimes happens, that an injunction
from the court of chancery prevents the marshal [sheriff] from pro-
ceeding to sell after he hath taken in execution property of a perish-
able nature, and doubts are entertained respecting the power, duty
and liability of the sheriff, and whatever the law may be, great incon-
veniences must arise to one of the parties, or to the sheriff, whether
injunction be afterwards dissolved or decreed to be perpetual, Be it
remacted, That in case any injunction from the court of chancery
shall hereafter issue to prevent a marshal [sheriff] or other officer
from selling personal property taken in execution, immediately on
the service of such injunction on the marshal [sheriff, or other offi-
cer, he shall deliver back the property so taken in execution to the
party from whom it was taken, and shall not be answerable to the
plaintiff or plaintiffs at law on account of the same ; and in all cases
where personal property hath been taken in execution, and the mar-
shal [sheriff] or other officer hath been prevented, by injunction from
the chancery court, from selling the same, the sheriff or other offi-
cer may deliver the same, if in his possession, to the party from
whom it was taken, and shall not be answerable for the same to the
plaintiff or plaintiffs at law; and in every case of injunction hereto-
fore issued, if the marshal [sheriff] or other officer hath taken any
personal property out of the possession of the defendant at law who
hath obtained the injunction, the said marshal [sheriff, or other
officer, shall be answerable at law for the said property to the party
from whom it was taken. *
SEC.49. If any mortgagor of real property within this District [state]
to a citizen of this District [state, or any person claiming under such
mortgagor, shall reside out of this District [state] and within any other
of the United States, the complaimant may file his bill for foreclosing
such mortgage in the [high] court of chancery, and upon service of no-
tice thereof on the defendant, or inserting the same in the public news-
papers [of the state where such defendant resides, after such bill is
filed, for twelve weeks successively, Jº and making proof before some
judge or justice of the [general or] supreme court of such District
[state] that such notice has been given personally, or by advertisement
as aforesaid, and the same proof being properly certified, and the
defendant fails to appear and answer [to such bill within mine months
after such notice proved and certified as aforesaid, or such longer
time as the chancellor shall grant, such bill shall be taken pro
confesso, and thereupon such proceeding and decree shall be had and
made as the chancellor shall judge proper; and if the defendant be
an infant, idiot, lumatic, or mom compos mentis, the chancellor shall
have full power and authority to proceed as by this act is directed in
the case of residents of this District [State.]
SEC. 50. If any person shall file a bill against any defendant O]?
defendants residing within this District º in which it shall be
- e. g * tº 07”
proper and necessary to join other defendant of defendants residing 4
out of this District [state, whether in the United States or any other
until bond a p-
proved.
Md. act 1793, ch.
75, sec. 3.
1 Dorsey, 304.
2 Kilty,467.
Thomp. Dig. ,
246.
Execution sale
enjoined, person-
alty to be delivered
back; officer's lia-
bility ceases.
Md. act 1799, ch.
79, sec. 10.
1 Dorsey, 421.
2 Kilty, 917.
Thom p. Dig. ,
46.
Foreclosure of
mortgages regu-
lated; pro co m-
fesso and final de-
Cree.
Md. act 1785, ch.
72, sec. 30.
1 Dorsey, 225.
2 Kilty, 55.
Thomp. Dig.,
142.
Bill being filed,
etc., may be taken
O confesso, etc.
*Service by publication is now regulated by secs. 787, 788, 789, R. S. D. C.
Ibid., sec. 31.
Q
92
CHAPTER x.—CHANCERY.
1 Kilty, 56.
1 Dorsey, 226.
114 U. S. Rep.,
104, Thompson vs.
WOOster.
For not comply-
ing with order of
court persons may
be committed for
contempt.
Ibid., sec. 33.
1 Dorsey, 227.
144
Thomp. Dig.,
Court empow-
ered to make and
execute or ders
and decrees.
Ibid., sec. 34.
Persons
seized of lands,
etc., creditors
may file a petition
for sale.
dying
Md. act 1785, ch.
78, sec. 1.
1 Dorsey, 228.
2 Kilty, 58.
When Govern-
linent
will
&
country, upon notice given and proved as aforesaid, and upon fail-
ure to appear and answer as aforesaid, the bill shall be taken pro-
confesso" against the defendant or defendants failing to appear and
answer, and decrée shall be given as aforesaid.
SEC. 51. The chancellor shall have full power and authority to:
commit any person or persons in contempt for not obeying or com-
plying with any rule, Order or decree, of the éhancellor, to [the]
custody [of the messenger, by him] to be closely confined in the gaol
[of Anne Arundel county, or in the gaol of the county of which such
person shall be an inhabitant, or where he may be taken, unless he
be the sheriff of the county, in which case he may confined in the
gaol of Anne Arundel county, or the gaol of any county adjoining
the county of which he shall be sheriff, until such person or persons.
respectively be released and discharged by order of the chancellor,
SEC., 52. In all cases now depending in the [high] court of chancery.
as well as in those which may hereafter be brought into the said
court, the chancellor may make and execute any order or decree in
pursuance of the power and authority herein and hereby conferred:
Provided, Nothing herein contained shall be taken or construed to.
deprive any person of the liberty of appeai from any decree made by
the chancellor in the premises.
SEC. 53. In case any person shall die seized of any lands, tene-
ments or hereditaments, in this District [state, intestate, and without
heirs of the whole or the half blood, and indebted, and not leaving per-
Somal estate sufficient to pay his debts, any of his creditors may file a.
petition in the chancery court, suggesting such facts, and praying
that such real estate, or so much thereof as may be necessary, be
sold for the payment of the debts of the deceased, and the attorney-
general, upon notice of such petition being filed, shall appear to the
Same and defend, and the chancellor, being fully satisfied of the
truth of the said facts, may order a sale by trustees, of the real
estate of Such deceased person, or of so much thereof as may be
thought necessary, to discharge his debts, for the benefit of his
Creditors, and if not sufficient to pay the whole debts, the money
arising from such sale to be equally distributed among the creditors.
in proportion to their debts without any preference; and upon any
certificate of Survey being made and returned in consequence of an
escheat warrant, any creditor of the deceased may enter a caveat to
the same, and thereupon no patent shall issue until an examination
had by the chancellor, and payment made to the creditor or credi-
tors proving their debts to the satisfaction of the chancellor, by sale
of the property as aforesaid; and in case any person, having con-
tracted in writing for the sale of any real estate, shall die seized
intestate, and without heirs of the whole or half blood, in such case
the person claiming a right of conveyance, in consequence of such
Contract, may file his petition in the chancery court, suggesting such
contract, and praying a decree for conveyance, and the attorney-
general, upon notice of such petition being filed, shall appear to the
Same, and the chancellor, being fully satisfied of the truth and
validity of the contract, and that the petitioner has a just claim to
a conveyance, may decree that the attorney-general shall execute a
Conyeyance upon such terms and conditions as the chancellor shall
think proper, and the consideration money, if any due from the
person claiming a conveyance as aforesaid, shall be paid before con-
Veyance to the treasurer of the western shore, to be applied, in the
first place, to discharge the debts due from the deceased, and the
balance to the use of this state.
SEC. 54. If the creditor of any person dying intestate, and with-
P*Y out heirs as aforesaid, shall be out of the District of Columbia [state,)
CHAPTER X. —CHANCERY.
93
So that he or she hath not notice of the death of the intestate in time
to enter a caveat as aforesaid, and the real estate of the deceased
shall be escheated, [this] The United States of America [state] will, upon
application of such creditor, pay to the amount received by the The
United States of America [state] upon such escheat to the discharge
of the just claim of such creditor, to be made appear to the satis-
faction of the chancellor.
SEC. 55. If in any suit which shall be hereafter commenced in
chancery against any defendant or defendants who resides out of
this District [state, to compel the conveyance of land, or real or per-
sonal property, being in this District [state, lor for compliance with any
contract respecting land, or real Or personal property, in this District
[state, on affidavit being made to the Satisfaction of the court, that
such defendant or defendants is Or are out of the District [state], and
that personal notice has been served on the defendant or defendants,
or that notice offiling such bill hath been given” [ten weeks] in the pub-
lic newspapers [of the state or kingdom where the defendant or defend-
ants may reside, then and in such case the said court may make an
order, directing and appointing such defendant Or defendants to
appear at a certain day therein to be named, and a copy of such order
shall forthwith be inserted in the Maryland Gazette, and continued
creditor of de-
ceased whose
lands eScheated.
Ibid., sec. 2.
2 Kilty, 59.
1 Dorsey, 229.
Thomp. Dig.,
146.
After publica-
tion in suits for
specific perform-
ance, pro confesso
and final decree.
Md. act 1787, ch.
30, sec. 2.
1 Dorsey,243.
2 Kilty, 121.
Thomp. Dig.,
146.
| 114 U. S. Rep.,
104, Thompson vs.
WOOster,
therein four weeks, and if such defendant or defendants shall not
appear within the timelimited by such Order, then on proof being made
of such publication of such order, the court being satisfied of the truth
thereof] may order the bill of the plaintiff to be taken pro comfesso,"
and make such decree thereupon as shall be thought just, and may
thereupon issue such process thereon as may be necessary and are
usual in other cases where decrees have been made, the plaintiff or
plaintiffs giving such security as the said court shall direct, touching
the restitution of such land, or real or personal property, (as the case
may be,) and as the said court shall think proper to make concerning
the same, upon the appearance of the defendant or defendants to
defend such suit. - -
SEC. 56. If any decree shall be made in pursuance of this act
against any person or persons being Out of this District [state] at
the time such decree is pronounced, and such person or persons shall,
within two years after making such decree, come into this District
[state], or in case any defendant, against whom such decree shall be
made, shall, within two years after making such decree, happen to
die before his or their coming into this District [state] and the heir
or representative, being of age, shall come into this District [state],
within two years after such death, or if such heir or representative
be an infant, feme covert or mon, compos mentis, come into this Dis-
trict [state] within two years after such disability removed, shallmot, 1
within six months after such coming into such this District [state],
appear and petition to have the cause reheard; such decree so as afore-
said made shall stand confirmed ; but if any person or persons
interested or affected by the said decree as aforesaid, shall appear
and give security to pay the costs incurred by the plaintiff or plain-
tiffs in the said suit, within the term of six months, after their said
coming into this District [state] as aforesaid, the same proceedings
shall be had for the determination of the said suit as if the defendant
or defendants, or other persons interested therein, had originally
appeared to the said suit, and no former decree had been made ;
and if such defendant or defendants, their heirs, executors or
administrators, or any person or persons claiming under them, or
any person or persons interested in the said decree, shall neglect to
file tº: petition as aforesaid within the time limited as aforesaid
after coming into this District [state], then such decree, made as
.aforesaid, shall stand absolutely confirmed.
* Publication is regulated by secs. 787, 788, 789, R. S. D. C.
Decree made
against nonresi-
dent shall stand
confirmed unless
reviewed; limita-
tion of time in
which may be re-
viewed.
Ibid., sec. 3.
1 Dorsey, 244.
2 Kilty, 121.
Th Omp. Dig.,
47.
94
Chapter X. —CHANCERY.
Court has au-
thority to deter-
mine disputes, as
to escheated es-
tates.
Ibid., Sec. 4.
Thomp. Dig.,
148. -
Commissions on
sales allowed to
trustees, guardi-
ans, and agents.
Ibid., sec. 5.
Lands of non-
resident min or
may be sold to
pay debts due
from the deceased
as in case of resi-
dent minors.
Md. act 1879, ch.
Court shall di-
rect not ice t O
guardian of such
sale.
Ibid., sec. 3.
Remainder Or
other interest in
lands of nonresi-
dent minor may
be sold to pay
debts of person
from whom de-
rived.
Md. act 1790, ch.
Notice required.
Ibid., sec. 3.
Court may order
certain deeds to
be recorded with-
out appearance of
defendant ; what
notice required.
Md. act 1791, ch,
79, sec. 2.
2 Kilty, 354.
1 Dorsey,
284.
Thom p. Dig.,
49
2
83
5
SEC. 57. The chancellor shall have full power and authority to hear-
and determine all such disputes, by making the attorney-general a.
party, who shall appear to answer and defend the said suit on behalf
of the United States [state, and upon hearing may make such order:
and decree therein as shall be agreeable to equity and justice, and
the same proceedings shall be had, and the same rules of decision,
shall prevail, as in disputed cases between individuals. * -
SEC. 58. The chancellor shall have full power and authority to:
allow any guardians, trustees, agents or factors, who shall make dis-
position or sale of either real, personal or mixed property, for the
purpose of paying the debts of deceased persons or others, under and
in virtue of any order or decree of the chancery court, a commission
from one per cent to seven and an half per cent for their trouble in
Selling and disposing thereof, and paying the same away in pursu-
ance of such order or decree as the chancellor shall, on consideration,
of all circumstances, think just and right, [See rules of court as to commissions.]
SEC. 59. The chancellor shall have the same power to direct the
sale of lands, lying within this District [state, ] belonging to minors,
residents of any other state. for the payments of debts due from the
* as he hath in the case of minors, residents of this District
[state.
46, sec. 2. 2 Kilty, 234, 1 Dorsey, 256. Thomp. Dig., 148.
SEC. 60. It shall be the duty of the petitioner or petitioners to the
chancellor for the sale of the lands as aforesaid, to give such notice
to the guardian or guardians of minors, non-residents of this Dis-
trict [state, in such manner as the chancellor shall direct.
SEC. 61. The chancellor shall have full power and authority to
direct the sale of all lands and real property lying within this Dis–
trict [state, or any remainder or reversion thereon dependent, belong-
ing to minors resident out of the District [state] and the United
States, for the payment of all just debts due from the person from.
whom they derive such remainder, reversion or real estate.
38, sec. 2. 2 Kilty, 278. 1 Dorsey, 258. Thomp. Dig., 148.
SEC. 62. It shall be the duty of the petitioner or petitioners to the
chancellor for the sale of lands or real property, or any reversion or
remainder as aforesaid, to give such notice, to entitle him or them.
to a decree against any such minor or minors, as the chancellor,
under all circumstances, shall deem requisite and proper in each
C&S62. - [See §§ 787–789, R. S. D. C.]"
SEC. 63. In case any deed hath been or shall hereafter be executed.
to the validity of which recording is necessary, and such deed hath.
not or shall not be recorded agreeably to law, without any fraudu-
lent design or intention of the party claiming under the same, and
the person who hath executed or shall execute such deed, his devisee-
or representatives, are or may be non-residents of this District [state,
it shall and may be lawful for the party claiming under such deed to
the file his bill or petition in chancery, praying the Order and decree of
said court for recording such deed, and the chancellor thereupon,
without the appearance of or hearing the defendant Or defendants,
shall have the same power and authority to Order and degree the
recording of such deed, as he hath in the cases mentioned in the:
eleventh section of the act to which this is a supplement; * Provided,
4 H. & McH.,43,
281; 1 Har. & J.,
180; 2 Har. & J.,
* 1785, ch. 72, sec. 11, 1 Dorsey, 213, ante; this chapter, Sec. 32,
CHAPTER x.-CHANCERY.
95.
That the complainant or petitioner shall give such notice of his
application in newspapers or otherwise, as the chancellor shall
direct. [See § 787, R. S. D. C.].
SEC. 64. That every deed recorded in pursuance of this act, shell
have the same operation, effects and consequences, and be liable to
the same provisions, as a deed, recorded under a decree in virtue of
the act to which this is a supplement. - .
SEC. 65. Whereas infants, idiots, lunatics, and persons who are
not of sound mind, seized of lands, tenements and hereditaments,
may be compelled to convey the same, by decree of the court of
chancery, for a specific performance of agreements made by the
persons under whom they claim, provided application be made to
the chancellor by the parties entitled to a conveyance,” but there is
no legal provision for such a decree, as the circumstances of the case
may require, upon application made by the representatives or persons
interested in the estate of the person who makes a contract for the
sale of his lands, Be it enacted, That if any person, seized of any
land, tenement or hereditament, hath made or shall make a contract
for the sale and conveyance thereof, and hath died or shall die
without performing his part of the agreement, having devised or
left the said land, tenement or hereditament, to descend to a person
under twenty-One years of age, or to an idiot, lunatic, or person mom,
compos mentis, in any such case, the chancellor, on application by
bill Or petition of any representative of the deceased, interested
immediately in having such agreement specifically performed, and
On hearing all parties concerned, shall have full power to decree a
specific performance, and to direct a conveyance by trustee or
guardian, or to decree otherwise, as justice and the established
principles of chancery shall require: Provided nevertheless, That in
the case of an infant, no decree shall be made for a specific perform-
ance in virtue of this act, unless it shall appear that the guardian or
guardians of the infant have consented thereto, or unless the chan-
cellor shall be satisfied that such infant or infants will not be in any
manner injured thereby.
SEC. 66. In all cases where any person or persons, his or their
heirs, devisees or representatives, are bound by any contract or
agreement, and are non-residents of this District [state, if any bill
is filed against such person or persons, his or their heirs, devisees or
representatives, non-residents as aforea.aid, to compel a specific per-
formance of such contract or agreement, the chancellor shall and
may, without the appearance of Or, hearing of the defendant or
defendants, proceed to such a decree as the justice and equity of the
case, may require: Provided, That the complainant or petitioner
shall give such notice of his or her application, in newspapers or
Otherwise, as the chancellor shall direct; and every such decree shall
have the same Operation, effect and consequences, as a decree in
virtue of the act aforesaid against persons residing in any of the
United States, to which this is a supplement.
SEC. 67. In case any deed hath been, or hereafter shall be, executed,
to the validity of which deed recording is necessary, and such deed
hath not been, or shall not be, recorded agreeably to law, without any
fraudulent intention of the party claiming under the same, the chan-
cellor, upon petition of the party to whom the said deed was execu-
ted, or of his, her or their legal representative, or of any of them,
claiming the land or other thing conveyed, or intended to be con-
veyed, by such deed, and without the appearance or hearing of the
28t; 56 Md. Rep.,.
421,567. -
Effect of deed so
recorded.
Ibid., sec. 3.
Specific per-
formance may be:
decreed, where
land descended toº
infant or lunatic.
Ibid., Sec. 4.
Specific per-
formance may be
decreed aga, in st
non reside n ts,
what notice is re-
quired.
Md. act 1792, ch.
41, sec. 2.
2 Kilty, 382.
1. Dorsey, 286.
Thomp. Dig., .
150.
* 1773, ch. 7, 1 Dorsey, 121 ; ante, this chapter, secs, 7, 8, and 9.
Court may order
deed to be record-
ed; effect thereof.
Ibid., sec. 3.
2 Kilty, 383.
1 Dorsey, 286,
287. .
Thom p. Dig.,,
151.
96 * CHAPTER x.—CHANCERY.
defendant or defendants, shall have power to decree the record-
ing of the said deed in the county or general court records, within
such time from the date of the decree as it ought originally to have
been recorded from the date of the deed ; and that the deed, when so
recorded, shall have the same effect and consequence as if recorded
agreeably to the eleventh * section of the act, entitled, an act for
enlarging the powers of the high court of chancery : Provided, That
the petitioner or petitioners shall give such notice of his, her or their
application, as the chancellor shall direct.
Decree may vest SEC. 68. If any person, having contracted for the sale of any lands,
tº: tenements or hereditaments, and not having conveyed, the same,
unknown. hath died, or shall die, without leaving an heir known of and capa-
g ble of inheriting his real estate, it shall be lawful for the chancellor,
ºidºse?:4: ..., upon a bill filed by the person entitled to the conveyance, and such
lsº H. notice being given in the public newspapers, or otherwise, as the
Rep. ºibidiš, chancellor shall direct, the decree that the legal title and estate
D.C.Rep.,472. shall be vested in the person entitled to such conveyance, according
to the terms of the contract, and thereupon, and by virtue of such
decree, such legal title and estate shall be transferred and vested
accordingly ; and if the person filing his bill as aforesaid shall not
have paid the Whole purchase money, the chancellor may order that
such purchase money shall be paid, or secured in such manner as he
shall think most safe and proper, for the benefit of the legal repre-
sentative of the person dying as aforesaid.
Review, allowed SEC. 69. If any person or persons against whom any decree shall
Within eighteen be made by virtue of this act, his, her or their heirs, devisees or rep-
months. resentatives, or any person claiming under them, shall appear in
Ibid., Sec. 5, the court of chancery at any time not exceeding eighteen calendar
!hom P. Pig. months from the time of making such decree, and request a review
152. of the same, the chancellor, upon a bill filed by such person or per-
Sons, shall proceed to an examination of the matters in dispute, and
to a final decree according to the equity of the case, in the same
manner as if the Said person or persons, or those under whom they
claim, had Originally appeared before him.
Creditor may SEC, 70. In all cases where any person or persons, non-residents of
Obtain decree ſº this District [State, now is or are, or shall hereafter be, seized or pos-
# S e gº e
* d de- sessed, Or have any right Or title to any lands, tenements or heredi-
cendent. taments, within this District [State, by devise or descent, and the
Mä act Hºlºch, person or persons from whom such title is or shall be derived, has
60,sec. 2. ’ contracted, or may contract any debt or debts within this District
2 Kilty, 510. State, or with any of the citizens thereof, the chancellor of this
1 Dorsey, 315. istrict [State, upon the application of any such creditor or credi-
lºomp, * tors, and such notice thereof being given as he shall direct, shall
§ Peters Rep., have full power and authority, if the claim of such creditor or
143, Bank vs. Creditors shall be established, and it shall appear to the chancellor
Ritchie: 17, Md, to be just and proper, upon consideration of all circumstances, that
§. such debt or debts should be paid by a sale of such real estate so
§."#...”. devised or descending, to order and decree the whole, or any part
waters; "30 Mid, thereof, to be sold for the payment of such creditor or creditors, in
Rep. , 282, Bil- such manner, and upon such terms, as the chancellor, in his discre-
ºtenº, tion, shall think proper; and the chancellor in all such cases shall
$º. *...* have the same power and authority as he hath in other cases by
hite vs. Kauff- g !-- *
Illall. the act to which this is a supplement.
Legal or equita; SEC. 71. In case any person seized or possessed of any lands, tene-
3. :* º: ments or hereditaments, in this District [state, or having an equitable
W right, title or interest therein, hath died, or shall die, without leaving
*1785, ch. 72, sec. 11, 1 Dorsey, 213; ante this chapter, sec. 32.
CHAPTER X. —CHANCERY. 97
any known heir or devisee capable of inheriting or taking the same, known, heirs may
and without leaving a sufficient personal estate for the payment of ãº. i pay
his or her debts contracted within this District [state, or with any of .”.”.
the citizens thereof, the chancellor shall have full power and author- ury.
ity, upon the application of any such creditor or creditors, and such Ibid. 3
notice thereof being given as he shall direct, if the claim of such §§
creditor or creditors shall be established to his satisfaction, to order Thoºp. Dig.;
and decree the whole of such real estate to be sold for payment of 153. - - -
such creditor or creditors, in such manner, and upon sº terms, as . Simmonsºs. Un;
the chancellor in his discretion shall think proper, and after pay- * º 19
ment and satisfaction of such creditor or creditors, and the costs of ºf 3. É.
Such Suit, to Order and decree the surplus arising from such sale to 472.
be paid into the treasury for the use of the United States [state];
and the chancellor in all such cases shall have the same power and
authority as he hath in other cases by the act to which this is a sup-
plement. -
SEC. 72. Any person or persons who shall purchase an equitable Purchaser of
title to lands under any decree of the chancellor passed in virtue of equitable title,
the provisions of this act, shall be entitled, upon payment of the tº Pº
re ~< *. * money, entitled to
purchase money, to an assignment or conveyance of such equitable ...".
interest, to be made by the trustee or trustees making such sale, and trustee,
shall, in consequence of such purchase and assignment, or convey- e
* : * te . & e Ibid., sec. 4.
ance, stand, as to title, in the place of the person dying seized and e
g ge wº 1 Dorsey, 316.
possessed as aforesaid, and entitled to such remedy in all cases, and
against all persons, as the person could or might have had whose
title he, she or they, may claim by virtue of such purchase.
SEC. 73. Any creditor or creditors making application to the Subpoena grant;
chancellor as aforesaid, by bill or petition, may pray and obtain a th *ś. lº.
subpoena against the person or persons having the legal title to the j gºal:
land whereof the deceased died seized Or possessed, or to which he, decreed at credit.
she or they, had claim, under the circumstances aforesaid; and in case or's suit.
the facts set forth in the bill or petition, to entitle the complainants Tººls.;
to a decree as aforesaid, shall be established to the Satisfaction of the i ijörsey, 316,
chancellor, after the summoning and hearing of the person or persons 317.
so made defendant or defendants, or after such proceedings against . Thomp. Dig. ,
such defendant or defendants, as would entitle the complainant or *
complainants to a decree in any other application for a decree for
conveyance, in case of the defendant or defendants being under age,
or residing out of the state, or standing out the process of the court,
the chancellor, by his decree, may direct the trustee appointed, to
make sale, on the chancellor’s ratification thereof, and on receipt of
the purchase money, by deed indented, acknowledged and recorded,
agreeably to law, to convey to the purchaser or purchasers all the
right, title, interest and estate, which was in the person so dying
seized or possessed, or to which he, she or they, had claim as aforesaid,
and all the right, title, interest and estate, of the person or persons
having the legal estate in the land sold, and made defendant or
defendants as aforesaid ; and the purchaser or purchasers shall there-
upon be entitled to hold the land so conveyed, free and discharged
from all claim of any person claiming by descent or devise under the
person dying seized or possessed, or claiming as aforesaid, and from
all claim of such defendant or defendants. {
SEC. 74. If any patent shall hereafter issue to any person or per- Where escheated
sons for lands which have escheated or shall escheat to the United land... are sold,
States of America [this State, and the person whose title to the said ..º.º.
lands became escheatable died, or shall die, leaving debts unpaid ºn mº, ſo
which were contracted within this state, or with any of the citizens rata distribution.
thereof, it shall and may be lawful for such creditor or creditors to Ibid., sec. 6
file his, her or their bill, in chancery against the United States of Tºjig,
America. [State of Maryland, in which it shall be sufficient to state 155.
7. C S -
98 * * - CHAPTER X. —CHANCERY.
the mature of his, her or their claim or demand, in like manner as
if the said suit was brought against the original debtor, and upon
his, her or their serving a subpoena on the attorney-general, and
establishing the said claim adº. to the usual course of the court
in other cases, such creditor or creditors, shall be entitled to recover
of the United States of America [state, his, her or their said debt,
if the money received by the United States of America [state] for
such escheat title shall have been equal to the same, and in case said
sum received by the United States of America [state] shall be short
of the said debt or debts, then such creditor or creditors shall recover
so much thereof against the state as may or shall have been received
for such escheat title, so granted as aforesaid; and in all such cases
the chancellor shall cause notice to be given, in such manner as he
shall think proper, to the creditor or creditors of the said deceased
person, to make known their respective claims, and lodge the same
with the register of the said court, and substantiate their respective
demands in such manner as he shall direct; and in case there shall be
more than One creditor who shall bring suit as aforesaid against the
United States of America [state, or upon such notice shall produce
and substantiate his, her or their claim to the satisfaction of the
chancellor, and if the money received by the United States of Amer-
'ica [state] for the sale of such escheat title shall not be sufficient
to pay and satisfy the whole of such creditors, then and in such case
it shall and may be lawful for the chancellor to apportion the same
among all such creditors, according to the amount of their respec-
tive claims. -
Purchaser, of SEC. 75. Where any sale or sales of such equitable titles have
equitable title has been made by virtue of any writ of fieri facias, or decree of the
* * chancellor of this state, the purchaser or purchasers thereof, his, her
& or their heirs or assigns, shall hold and have the same right and title
Ibid., sec. 7. thereto as if the said purchase had been made under and in virtue
2. Riity, 512. of the provisions of this act.
1 Dorsey, 318. Thomp. Dig., 156.
Partition of SEC. 76. In case any infant, idiot, or person mom compos mentis,
lands of infant or hath, or shall hereafter have, a joint interest or interest in common
hº With any other person or persons in equal or unequal proportions,
.# jº" in any lands, tenements or hereditaments, and it shall appear to the
e chancellor, upon application of any of the parties concerned, and
Ibid., sec. 8. upon the appearance of the infant, by guardian to be appointed by
the chancellor for that purpose, and for the purpose of answering
and defending on the part of such infant, and upon the appearance
of such idiot or person mom compos mentis, by the trustee or trustees,
or committee, of such idiot or person mom compos mentis, to be
appointed by the chancellor, on behalf of such person for the pur-
poses aforesaid, and upon hearing and examining all circumstances,
that it will be for the interest and advantage of all parties concerned
to make partition of Such lands, tenements or hereditaments, or any
part thereof, the chancellor may order and decree partition to be
made of such lands, tenements or hereditaments, or any part thereof,
in the same manner and under the same regulations, as if all parties
were of full age, or of sound mind and discretion ; and all acts and
deeds of conveyance done and executed by such guardian, trustee Or
committee, in pursuance of the order or decree of the chancellor,
shall be good and effectual, and they are hereby severally authorized
and empowered to do and execute, on behalf of such infant, idiot, or
person mon, compos mentis, all acts and deeds whatever that may be
adjudged necessary by the chancellor to render effectual and com-
plete the partition aforesaid, as fully as if all the parties were of full
age, or of Sound mind and discretion.
CHAPTER x-CHAN CERY.
99
SEC. 77. In all cases where any mortgagor or mortgagors of any
lands or tenements within this District [state, ] shall have removed to
places unknown out of this District [state] and cannot be ascertained
whether such mortgagor or mortgagors is or are dead or alive, and
if dead, who are the legal representatives of such person or persons,
For eclosures
may be decreed
against non-resi-
dent mortgagors.
Ibid., sec. 9.
.1 Dorsey, 318,
or whether they have left any, it shall and may be lawful for the sº
chancellor in such cases, upon satisfactory testimony thereof by affi-
davit of the complainant, and other evidence, to decree, upon giving
such public notice as he shall deem necessary, a foreclosure of such
mortgage, Or Sale of the mortgaged premises, and conveyance thereof,
as in other cases where the party appears, and such decree passes in
the said court.
SEC. 78. Whereas it often occurs that persons against whom judg-
ments or decrees are obtained hold and possess, or claim, lands, ten-
ements or hereditaments, by equitable title only, and the creditor or
creditors of such persons are often without remedy, either at law,
or in equity, Be it enacted, That in such cases it shall and may be
lawful for the chancellor, On application, to decree a sale of such
equitable interest for the benefit of the creditor or creditors apply-
ing for the same, and the purchaser or purchasers thereof, under such
decree, shall, upon payment of the purchase money, be entitled to
an assignment of such equitable interest, to be made by the trustee
making such sale, and shall be entitled to such remedies, bothiniaw
and equity, against all persons, and in all cases, as the person could
Or might have had whose title he, she or they, may claim by virtue
of such purchase. [See §§ 80, 83 of this chapter.]
SEC. 79. In any case whatever, where a bill shall be filed in the
court of chancery against any person or persons not residing within
the District [State, the chancellor may direct such notice of the said
bill, and of the object thereof, by advertisement [in newspapers, or
Otherwise, as to him shall seem proper, warning the defendant or
defendants to appear in the said courtin person, or by a Solicitor, on Or
before some day to be fixed, not less than four months distant from the s
time of the first advertisement, or other notice, to shew cause why a
decree should not be passed as prayed by the bill;]" and in case
the defendant or defendants shall not so appear within the time lim-
ited, either the bill, at the discretion of the chancellor, may be taken
pro comfesso, and he shall proceed to decree in the same manner as
if the defendant or defendants had admitted, by answer, the facts
stated in the bill, or a commission shall, on application of the com-
plainant or complainants, be issued for taking depositions on his or
their part, and on return of the said commission, the chancellor may
proceed to decree according to the facts proved, and the established
Thomp. Dig,
157.
Saleofequitable,
interest in land
may be deoreed!
for creditor ; proc-
eSS, etc.
Ibid., sec. 10.
Thomp. Dig.,.
157–159. - -
Deakins vs. Rex,
60 Md. Rep., 593.
-
After publica-
tion pro confesso.
may be decreed
against nonresi-
dent ; limitation.
, as to review.
Md. act 1795, ch.
8, sec. 1.
2 Kilty, 583.
1 Dorsey, 329.
Thomp. Dig.,
157.
| Secs. 787 to 789,
R. S. D. C.
principles and practice in equity: Provided, nevertheless, That if the
said defendant or defendants shall appear to the bill in person, or by
a solicitor, at any time before a decree shall shall be passed, there
shall in all respects be the same proceedings before a decree, as if
the defeſtdant or defendants had appeared regularly on the return of
a subpoCena : And provided also, That if any person, against whom
a decree shall be made, in virtue of this act, his or her heir or heirs,
devisee, or representative, shall appear in the chancery court at any
time within eighteen calendar months from the date of the decree,
and require a review of the same, the chancellor, upon a bill filed by
such person, his heir or heirs, devisee or representative, shall pro-
ceed to an examination of the matters in dispute, and to a final
decree, in the same manner as if the said person had originally
appeared before him.
SEC. 80. The chancellor shall have power and authority, On appli-
cation already made, or hereafter to be made, by bill or petition, and
Equitable titles
to land may be
I00
CHAPTER X. —CHANCERY.
sold by decree in
chancery.
Ibid., sec. 2.
1 Dorsey, 330.
:2 Kilty, 584.
'Thomp. Dig.,
159.
Creditor m a y
obtain sale of
equitable title of
deceased debtors'
sland.
Ibid., sec. 3.
after summoning and hearing the person or persons proper to be
made defendant or defendants, or after such proceedings against
him, her or them, as would entitle the complainant or complainants
to a decree in other cases, to decree the Sale of any equitable title or
claim to land, in any case in which he might. On application decree
the sale of a legal complete title, and the purchaser or purchasers of
such equitable title from a trustee or trustees, to be appointed in the
same manner, and on the same terms, as other trustees for Sale of
land are appointed, shall, in consequence of such purchase, and a
conveyance to be made by the said trustee or trustees, stand in the
place of the person or persons in whom was the said equitable title
at the time of the decree, and shall be entitled to such remedy against
any party or parties as the said person or persons might have had.
[See §§78, 81 of this chapter.]
SEC. 81. Any creditor or creditors, who have made or shall make
application to the chancellor by bill or petition, for the sale of any
land which hath descended Or been devised to an infant or infants,
for the payment of the debts of the ancestor or devisor, who had
only an equitable interest or title in the said land, may pray, and
obtain a subpoena against the person or persons having the legal
title to the said land, in case such person or persons be resident of
the District [state, or give such notice of the bill or petition as the
chancellor shall direct, in case Such person Or persons be not resident
of the District [state]; and on summoning and hearing of all par-
ties concerned, or On Such proceedings against the defendant as are
proper to entitle the complainant or complainants to a decree in other
cases, the chancellor shall have power to decree, as shall appear to
him just to all parties; and if it shall appear to him, that no money
is due for the land from the person or persons who had the equitable
claim or title aforesaid to the person or persons having the legal
title, he shall decree a sale of the whole interest, estate and title, of
all parties to the land aforesaid, and direct the money arising from
the sale to be applied to the discharge of the just debts of the ances-
Commission to
take depositions
may by consent
issue to one per-
..SOI),
Ibid., sec. 4.
tor or devisor aforesaid; but if it shall appear to the chancellor, that
the person or persons having the legal title, have not been paid the
whole money contracted to be paid to him, her or them, the chan-
cellor shall not decree a sale of more than the equitable title afore-
said, without the consent of the party or parties having the legal
title, or without providing that the debt for the land shall be wholly
paid, [See §§ 78, 80 of this chapter.]
SEC. 82. Hereafter, with the consent of both parties to any cause
in the court of chancery, a commission for taking depositions may
issue to one person, instead of four persons, now required by law, or
by the usage and practice of chancery, and that any one person to
whom such commission shall be directed, shall be allowed for his
services at the rate of thirty shillings per diem [$4].
1 Dorsey, 331. Thomp, Dig., 160.
T}ill may be filed
-against sole heirs
of deceased per-
son; proceedings,
ſhow regulated.
Md. act 1797, ch.
114, Sec. 2.
1 Dorsey, 356,
:357.
2 Kilty, 757.
Thomp. Dig.,
5160. -
1 Sec.S. 787–789,
iR. S. D. C.
SEC. 83. That on any bill in the court of chancery filed, or to be
filed, against the heirs of any person deceased, the chancellor, at his
discretion, may, on the appearance of Such person. Or persons as
would have been sole heir or only heirs in case the said act had not
been made, pass an order, to be published in Some convenient news-
paper [at least three weeks successively, giving notice of the sub-
stance and object of the bill, and appointing a day, not less than
four months subsequent to the publication,]" for each of the heirs to
appear and shew cause wherefore a decree should not pass, as prayed;
and on proof of the chancellor's satisfaction of the due publication,
the suit may be carried on between the complainant and the defend-
ant appearing as aforesaid, and any other heirs or heir appearing in
Chapter x-CHANCERY. 10];
consequence of the notice, and there may be the same decree, and it
shall have the same effect, as if the heirs of the person deceased had
appeared and defended the suit: Provided, nevertheless, That the
answer of the heir or heirs appearing shall not operate against any
absent heir, otherwise than if such absent heir had appeared, and
defended the suit, but the chancellor, on application of the com-
plainant, may, at discretion, either take the bill pro-confesso as to all
absent heirs of the deceased, or direct a commission to issue for tak-
ing depositions ex parte, and receive such proof as he may think
proper: Provided, also, That if any heir of the deceased shall, in
person or by a Solicitor, appear in court at any time before a decree
shall be passed, and shall, on or before the fourth day of the subse-
quent term, put in a good and sufficient answer to each interrogatory
stated in the bill, or a good plea or demurrer to the same, the pro-
ceedings shall thereafter be the same as if such heir had regularly
appeared to a summons; and if at any time within nine months
after a decree passed without his appearance, any heir shall appear,
and file a petition, praying the chancellor to set aside the decree,
and likewise answer, plead or demur as aforesaid, the chancellor
shall accordingly annul the decree as to such heir, and there shall
be the same proceedings for the purpose of deciding the cause on its
merits, as if the said heir had regularly appeared to a Summons.
SEC. 84. In case a subpoena to a bill in chancery shall be regularly Publication may
returned mom est by the marshal [sheriff of any county within the be ºbstituted for
state] where the defendant shall be known, or generally supposed to . *:
reside, and the chancellor shall be satisfied, by the affidavit of some Pºint eV a des,
indifferent person or persons, of the said known or supposed resi-process. -
dence, and of the defendant’s having avoided, or kept out of the way Tilia.
of the sheriff, or evaded the service of the subpoena, the chancellor, Tºp. pig.
On motion, may direct publication to be given in some newspaper con- 161. *
venient to the known or supposed residence of the defendant, [at
least three weeks successively, of the filing of the bill, and of its
substance and object, and of the same day by him fixed, [not less than
four months subsequent to the publication,] for the defendant’s
appearance in court, either in person or by Solicitor; and On the
defendant’s failing to appear, and on satisfactory proof of the notice
published, the chancellor. On motion, may proceed in the same man-
her as is prescribed by law in the case of a bill filed against a non-
resident: Provided, That the said defendant have the same privilege
as is herein before given to an absent heir, to appear, either before
or after a degree; and every part of the provision herein contained,
respecting the proceedings on appearance of Such heir, shall be
construed to extend to such evading defendant. (See §§ 787, 789, R. S. D. C.]
SEC, 85. In case any cause hath been or shall be set down regu- Causes regularly
larly for hearing, or submitted to the chancellor by both parties, as sº ºmited
ready for his decision, and one of the parties hath died, or shall die, º
after such setting down or submission, and before a decree passed, decree ºvé §
having a Solicitor in court, the said cause shall not abate, and the preference.
chancellor may decree as if such deceased party were alive, and the *
decree shall have the same effect as if it had been passed against the *i; };
deceased, except that it shall not entitle the complainant to a prefer- Torsey, 358.
ence in the distribution of assets, either real or personal. Thomp'. Dig.,
162. 2 Har. & J., 285, Brogden vs. Walker.
SEC, 86. That on a bill filed, for the purpose of obtaining partition . In partition suits:
of land held jointly or in common with an infant residing out of the ºn ".
state, the chancellór, on the complainant's motion, may direct a com- ...". º
mission to issue unto three persons, such as he shall approve, authoriz- resident infant.
ing them, or any two of them, to go to the infant, and appoint a guard-
Ibid... sec. 5.
402
CHAPTER X. —CHAN CERY.
Troceedings
-against nonresi-
dent defend a nt
after service of
: SUlDOlDOlOIlS.
Md. act 1799, ch.
'79, Sec. 1.
2 Kilty,915.
1 Dorsey, 417,
-418.
Thomp. Dig.,
ił62. '
Answer to in-
terrogatories, how
enforced; pro com-
fesso and final
decree.
, Ibid., sec. 2.
1 Dorsey, 418.
2 Kilty,916.
'Thomp. Dig.,
163.
Bill of revivor
:after death of
complain a nt;
power of the court.
Ibid., sec. 3.
1 Dorsey, 418,
. 419.
Thomp. Dig.,
{164.
Proceedings and
ian for the purpose of answering and defending the Suit, and author-
izing them likewise to take the answer and return it to the court;
and in receiving such answer, there may be the same proceedings as
if the defendant had been regularly summoned, and had been heard
by a guardian appointed by the court. .
SEC. 87. In case any defendant in a cause instituted, or hereafter to
be instituted, in the court of chancery, resides, or shall reside, out of
the District [state, J and a summons from the said court hath been or
shall be served upon the said defendant, and the service hath been or
shall be proved to the satisfaction of the chancellor, the chancellor
is hereby authorized, by order, to limit a certain day, on or before
which the said defendant shall appear in person, or by a solicitor,
and put in a good and sufficient answer to each interrogatory con-
tained in the bill, or plea or demurrer to the same, and if a copy of
the said order shall be inserted agreeably to the chancellor’s direc-
tions, in some convenient newspaper, or persona º served on the
l
defendant at least three months before such day limited, and the
defendant shall not have so appeared and answered, the chancellor
shall, at discretion, either take the bill pro confesso, or direct a
commission to issue for taking depositions, and shall finally decree
as to him shall seem consistent with the established principles of
equity, in the same manner as if the defendant had appeared and
answered, and depositions had been taken in the usual manner.
SEC. 88. In any cause instituted, or hereafter to be instituted, in
the court of chancery, if an attachment for want of appearancé or
answer shall have been or shall be duly returned served or attached,
and the defendant served or attached shall not appear at the day of
the return, the chancellor is hereby authorized, on application of
the complainant or complainants, by order, to limit a certain day in
the following term, on or before which day the defendant shall
appear in person, or by a Solicitor, and put in a good and sufficient
answer to each interrogatory gººd in the bill, or a plea or
demurrer to the same, or otherwise the chancellor, on the applica-
tion of the complainant, and at discretion, may either take the bill
pro confesso, or direct a commission to issue for taking depositions,
and shall finally decree as to him shall seem consistent with the
established principles of equity, in the same man ner as if the defend-
ant had appeared and answered, and depositions had been taken in
the usual way: Provided, nevertheless, That if at any time before a
decree shall be passed, a defendant, non-resident or attached as
aforesaid, shall appear as aforesaid, and immediately put in such
answer, there shall be the same proceedings as if he had regularly
appeared and answered.
SEC. 89. If, on the death of a complainant, any bill or revivor
hath been or shall hereafter be filed in the court of chance ry, and the
defendant hath or shall have removed out of the District [state, the
chancellor shall have full power to make such order, and direct such
proceedings, as may appear to him best calculated to promote sub-
stantial justice: Provided, That the said defendant’s answer hath
been or shall have been put in before the death of such complainant:
And provided also, That the said defendant shall be alive at the time
of such order or proceedings.
SEC. 90. If any billin chancery hath been, or shall be filed, against
*...*&#iºs" an infant out of the District [state] there shall, at the chan cellor's
non-resident in-
fants, their rights
ºthereafter.
Thid., sec.4.
discretion, be the same proceedings, and the chancellor may decree,
as if the infant were of full age : Provided, That in all cases where a
decree shall be passed against an infant out of the District [state
except those cases in which proceedings against infants out of the
Chapter x.—CHANCERY.
103
District [state] are already provided for by law, there shall be lib-
erty reserved for the said infant, within eighteen calendar months
from the date of the decree, or with in six such months after the said
infant shall attain the age of twenty-one years, and likewise for any
heir of the said infant, in case the said infant shall not so long live,
within six months after the death of the said infant, or within six
months after such heir shall attain such age, to shew cause wherefore
the decree ought not to have been passed; and the bill to be filed by such
infant or heir for shewing cause as aforesaid shall, as the case may
require, either be filed against the Original complainant or com-
laimants, or any person or persons claiming or holding under him,
i. or them, and on such bill filed, the chancellor shall, at discre-
tion, direct either the usual proceedings by Subpoena, or such notice
as he shall think proper, according to the nature of the case, of the
bill and of its substance and object, and of a day by him limited, not
less than four months after notice, for the defendant or defendants,
to file an answer to such bill of revision; and if an answer be not
accordingly filed, the chancellor may proceed to a reconsideration or
revision of the decree before passed, or he may direct depositions, or
other proofs, ea parte, to be received as evidence in addition to the
former proceedings; and in case of the defendant’s appearing to such
bill of revision, additional evidence and proceedings may be had,
and the chancellor shall pass such decree for or against the Original
complaimant or complainants, or his, her or their representative Or
representatives aforesaid, or person or persons having the benefit of
the original decree, as the established principles of equity shall to
him appear, under all the ciróumstances of the case, to require.
SEC. 91. In certain cases, and particularly where a defendant hath
been duly summoned, and has stood out of the process of the court,
the chancellor is by law directed absolutely to take the bill pro
confesso, and in other cases of non-appearance of the defendant, he
may at discretion either take the § pro confesso, or direct a
commission for taking depositions: and whereas it appears unrea-
sonable that in any cause whatever the chancellor should be directed
absolutely to take the bill or bare allegations of a suitor pro comfesso,
Be it emacted, That in all cases whatever, where the chancellor is
authorized to decree without the appearance of the defendant or
defendants, it shall be at the discretion of the chancellor, either to
take the bill pro confesso,” or direct a commission for taking deposi-
tions ea parte, as by law is directed in certain cases where the defend-
ants are non-residents.
SEC. 92. Hereafter, with the consent of the party or parties in
court, and with the approbation of the chancellor, a commission for
any purpose whatever, which may lawfully issue from the chancery
court in any cause there depending, or hereafter to be instituted,
may be directed to one person only, or to three persons, with power
to any two, and the person or persons to whom it shall be directed
shall have the same authority as has heretofore been reposed in any
greater number. -
SEC. 93. In all cases where land has escheated, or shall escheat, to
the United States [state, or hath or shall become the property of
the United States [state, from the purchase thereof by an alien, [or
hath been confiscated as the property of a British subject, any per-
son having any claim to the said land, or any part thereof, or having
a lien or charge upon the same, or a title in equity, may bring a
suit against the United States [state] in any, court of law or equity,
as the case may require, in the same manner as it might have been
brought against the person from whom it hath devolved on the
Ömited States [state;] and if any such suit be brought in the chan-
When de cree
pro confesso may
be entered.
Ibid., sec. 5.
1 Dorsey, 419,
420.
Thomp. Dig.,
165.
114 U. S. Rep.,
104, Thompson vs.
WOOster.
Powers of One
person under com-
mission in cham-
cery.
Ibid., sec. 6.
2 Kilty, 917.
Claims against
escheated lands,
how enforced.
Ibid., sec. 7.
Thomp. Dig.,
166.
104 CHAPTER X. —CHANCERY.
&
cery court, the attorney-general shall be the defendant in behalf of
the United States [state, between whom and the complainant or
complainants there shall be such proceedings as might have been
between the said complainant or complaimants and the person whose
title hath devolved on the United States [state;] Provided, That in no
case shall the United States [state] be burthened with costs, or other-
wise in consequenée of having the said title. [See § 1059, R.S. U. S.]
Costs, , how SEC. 94. In all cases whatever, where a suit shall hereafter be
sº instituted against the United States [state] in the said court of chan-
.." * “” cery, all costs in the said suit shall be charged to the complainant or
~ complainants, and the state shall not be answerable for any part
Ibid., Sec. 8. thereof, unless the chancellor shall be of the opinion that the neces-
º *Y* * sity of bringing such suit hath not been owing to the fault or negli-
te - gence of the said complainant or complainants, and in case the chan-
cellor shall be of such opinion, he shall have power to decree with
respect to costs as to him justice shall seem to require; Provided,
That in no case shall the United States [state] be liable to costs in
which it is not at present liable.
Defendant, ap- SEC. 95. In case any defendant shall hereafter appear in the court
rºl, ... of chancery, either in person or by a solicitor, agreeably to an order
i.ºro.ºry”; limiting a day for such appearance, or shall voluntarily so appear to
bill, or plead, or a bill filed in chancery, he shall put in a good and sufficient answer
demur; pro con- to each interrogatory contained in the bill, or a plea or a demurrer
ſºins non- to the same, on or before the fourth day of the term succeeding such
Ibid., sec. 9. resident of the District [state, as if he had been duly summoned and
1 Dorsey, 431 appeared as in ordinary cases, and if he be a non-resident, either the
bill shall be taken pro confesso, or, at the discretion of the chancellor,
a commission shall issue for taking depositions eac parte, and the
chancellor may thereon proceed to decree.
Suits against re. SEC. 96. Every receiver or manager of any property appointed by
º: Fº hout any court of the United States may be sued in respect of any act or
* * * transaction of his in carrying on the business connected with such
Aug. 13, 1888,25 property, without the previous leave of the court in which such
Stat., 436, Sec. 3, receiver or manager was appointed; but such suit shall be subject to
the general equity jurisdiction of the court in which such receiver
Or manager was appointed, so far as the same shall be necessary to .
the ends of justice.
Upon an untrue SEC. 97. Forasmuch as people be compelled to come in the chancery,
suggestion in the by writs grounded upon untrue suggestions, that the chancellor for
chancery, º: the time being, presently after that such suggestions be duly found
jedi. “’ ” and proved untrue, shall have power to ordain and award damages
according to his discretion, to him which is so troubled unduly, as
Alex. Brit. stat afore is said.
utes, p.1%, if Richard II, ch.6,sec. 1, A.D. 1898. Kilty's Rep.,224. Md. act 1785, ch.
72, sec. 25 : 1 Dorsey, 223 (sec. 44 of this chapter); Equity Rule of Court No. 29; 30
Md. Rep., 35, Gilbert vs. Arnold; 61 Md. Rep., 130. -
Supreme gourt SEC. 98. Whenever any person residing in the District of Colum-
iº bia has any, estate, real or personal, in said District, and is unfit,
tº jº from the habitual use of intoxicating liquors, to properly manage
fit person to take or control the same, the Supreme Court of the District of Columbia,
charge of the es: on the petition of any creditor or relative of such person, or, if there
ºte ºf habitual be neither creditor or relative in said District, of any person living in
"...ation of said District, and upon summons being regularly served upon such
erº; ja person. So unfit to manage or control his property as aforesaid, com-
tives, or other per-manding him to appear and answer such petition, may Order a jury
SOIl. to be summoned to ascertain whether such person be an habitual
appearance, he shall otherwise be liable to be proceeded against, if a
CHAPTER X. —CHANCERY. p ſ05.
drunkard and unfit from that cause to manage and control his prop- . If a jury shall
erty, and if the jury aforesaid shall return in their verdict that such *i. º.
person is an habitual drunkard, and unfit to manage or control his tº I'Ol UIl-621]
property, it shall be the duty of Said court to appoint some fit per-
son to be the committee of such person so declared unfit to manage rºº. Ajº.
; c. * June 25, 1873, ch.
or control his property as aforesaid. 21, Sec. 1, p. 61.
SEC. 99. The committee so appointed shall, before entering upon Committee so.
the discharge of his duties, execute a bond, with Surety, to be appointed to give
approved by the said court, or one of the justices thereof, to the bond.
United States, in a penal sum equal to double the amount of the per- Ibid.,sec.2,
sonal property and the yearly rents to be derived from real estate,
conditioned for the faithful performance of his duties.
SEC. 100. Such committees shall have entire control of the estate, ... Powers and du-
real and personal, of such habitual drunkard. He shall have ties of Committees.
power to collect all debts due such drunkard, and to adjust and set. * * *
tle all accounts due from him or her, and may sue and be sued in his Ibib., sec. 3, p.
representative capacity. It shall be the duty of such committee to 63.
apply the annual income of the estate of such habitual drunkard to
the support of such habitual drunkard and the maintenance and
education of his or her family. In all other respects not especially
provided for in this act, the rights and duties of committees appointed
under its provisions shall be the same as the rights and duties pre-
scribed by law for the committees appointed over lunatics and idiots.
SEC. 101. The Supreme Courſ of the District of Columbia shall Supreme court
have power to sell the estate, real or personal, of any person so as º.º.º.
aforesaid found to be an habitual drunkard, in all cases in which º
said court is now authorized by law to sell the real or personal estate º
of idiots and lunatics, or in which such a sale appears to be to the e
advantage of such habitual drunkard, or necessary for the payment ****
of his debts, or for his support, or for the maintenance and educa-
tion of his family, and the course of proceedings to effect such sale
. sales shall be the same as in cases of Sales of the estate of idiots or
unatics.
SEC. 102. All contracts, agreements, or credits with habitual Contracts, etc.,.
drunkards, after the finding of the jury aforesaid, and with notice * . º:
of the same that such person is unfit to manage or control his or her ... ºn:
property aforesaid, either by note, bill, bonds, or otherwise, shall them.
be void as against such person declared to be unfit to manage or con- But persons
trol his or her property as aforesaid, but persons making such con- making such, Cºn-
tracts or agreements with Such person as aforesaid shall be bound i. dº be:
thereby. - Y.
Ibid., Sec. 5.
SEC.. 103. When any person for whom a committee has been Control of prop.
appointed under the provision of this act shall become competent to ...” º .
manage his or her property on account of a reformation in his or ****
her habits as to sobriety, he or she may apply to said court to have Ibid., Sec. 6.
said committee removed and the care and control of his or her prop-
erty restored to him or her, and the disabilities provided for in this
act removed.
SEC. 104. It shall be the duty of the court, when any such appli- ...The question of
cation as provided for in the foregoing section is made, on proof that * to º:
said committee has been notified, at least ten days before, of such ...”. º:
intended application, to cause a jury to be summoned to try the jury. "
question whether said applicant is a fit person to have the care or
control of his or her property; and if the said jury return in their
verdict that such person is fit to have the control of such property,
as aforesaid, then the court shall enter an order fully restoring such
106 CHAPTER xl.-COMMISSIONERS OF DEEDS, ETC.
person to all the rights and privileges enjoyed before said committee
Proviso. was appointed : Provided, That such committee so removed shall
be allowed a reasonable time to settle his accounts as such, and to
pass over the money or property in his hands; and such removal
shall not invalidate any contract made in good faith by such com-
Proviso. mittee while acting as such : Provided further, That no application
Ibid., sec. 7. shall be sustained for the removal of any committee appointed under
3. the provisions of this act until after the expiration of one year from
such appointment unless for neglect of duty or mismanagement of
his trust. **
Repeal in g : SEC. 105. All acts and parts of acts inconsistent with the provi-
clause. sions of this act are hereby repealed.
Ibid., sec. 8.
CHAPTER ELEVEN.
COMMISSIONERS OF DEEDS AND NOTARIES PUBLIC.
Sec. Sec. *
1. Appointment of commissioners of 13. Record of acts, notary to keep; cer-
deeds, by whom; powers of, etc. tified ºpy Of.
2. Appointment of notaries public, by 14. Original of protest, to be prima facie
whom; residence of. evidence.
3. Term of office of notaries and com- 15. Certificate of protest, evidence of
missioners. facts, when.
4. Notaries may take testimony to be | 16. Fees of notary.
used in U. S. courts; and acknowl- 17. Penalty for taking excessive fees.
edgments and affidavits same as | 18. Records of notary, disposition of in
commissioners of U. S. circuit case of death, etc.
courts. 19. Holidays, public, affecting acts of
5. Oath and bond of notary. - notaries and payment of promis-
6. Seal of notary. sory notes, etc.
7. Seal, impression of, where to be de- | 20. Holiday, 22d February, legal.
posited. 21. Holiday, inauguration day, legal.
8. Seals, records and official documents 22. Holiday, 30th day of May, legal.
of notary exempt from execution. 23. Holidays, legal, falling on Sunday,
9. Powers and duties of notaries as to how payment of promissory notes
foreign bills. is affected by.
10. What acts of notaries, for use and 24. Per diem employés of Government
effect beyond the District, may be to be paid for certain holidays.
performed. 25. Employés of Government Printing
11. Powers of notaries as to inland bills. Office allowed certain holidays
12. General powers of notaries. with pay; provisos.
President may SEC. 1. The President of the United States is hereby authorized
appoint * to appoint as many commissioners of deeds throughout the United
*** States as he may deem necessary, with power to take the acknowl-
June 7, 1878. edgment of deeds for the conveyance of property within the said
90Stat. 101, Sec. District, administer oaths, and take depositions in cases pending in
1 Sup. R.S.,837 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. -
May also ap- SEC. 2. The President shall also have power to appoint such num-
5. notaries ber of notaries public, residents of said District, as in his discretion
public. the business of the District may require.
Ibid.
Terms of office , SEC. 3. Said commissioners of deeds and notaries public to hold
...ºners their offices for the period of five years, removable at discretion.
IOOUa,T162S.
Ibid.
CHAPTER x1.-COMMISSIONERS OF DEEDS, ETC. 107
SEC. 4. That notaries public of the several States, Territories, and Notaries public
the District of Columbia be, and they are hereby, authorized to take may take testi-
depositions, and do all other acts in relation to taking testimony to * *
be used in the courts of the United States, take acknowledgments Aug. 15, 1876.
and affidavits, in the same manner and with the same effect as com- 19 Stºº.30%
missioners of the United States circuit court may now lawfully take iº. ś,
or do. - 371, Barber v8.
Harris; 5 Mackey Rep., 168, Williams vs. Ten Eyck; 2 MacArthur Rep., 475, Den-
mead vs. Maak.
SEC. 5. Each notary public, before entering upon the duties of his Oath and bond
office, shall take the oath prescribed for civil officers in the District, of notaries.
and shall give bond to the United States in the sum of two thousand Sec. 979, R. S.
dollars, with security to be º: by the Supreme court, or a jus- D. C.
tice thereof, for the faithful discharge of the duties of his office. #P.3, 1%
(see sº, R. s. b. c. , 13 Stat., 44, Sec.
SEC. 6. Each notary public shall provide a notarial seal, with Notarial seal.
which he shall authenticate all his official acts. Sec. 980, R. S.
D. C. Ibid., sec. 7, p. 45.
SEC. 7. He shall deposit an impression of his official seal in the Impression to be
office of the clerk of the supreme court of the District. - deposited, where.
Sec. 981, R. S. D. C. Ibid.
SEC. 8. A notary’s official seal and his official documents shall be Sealand records
exempt from execution. r not liable to exe-
- cution.
Sec. 982, R. S. D. C. Ibid.
SEC. 9. Notaries public shall have authority to demand acceptance Authority of no-
and payment of foreign bills of exchange, and to protest the same ºrie; Public; for-
for non-acceptance and non-payment, and to exercise such other **
powers and duties as, by the law of nations, and according to com- Sec. 983, R. S.
mercial usages, notaries public may do.” D. C.
SEC. 10. They may also perform such other acts, for use and effect Acts for use and
beyond the jurisdiction of the District, as, according to the law of ºffeet beyond the
any State or Territory of the United States, or any foreign govern- istrict.
ment in amity with the United States, may be performed by notaries Sec. 984, R. S.
public. *i.
SEC. 11. Notaries public may also demand acceptance of inland Inland bills;
bills of exchange, and payment thereof, and of promissory notes, and protests.
may protest the same for non-acceptance or non-payment, as the sec. 955. E. s.
case may require. - D. C.
Ibid.
SEC. 12. Each notary public shall have power to take and to certify Acknowledg-
the acknowledgment or proof of powers of attorney, mortgages, ments, oaths, etc.
deeds, and other instruments of writing, the acknowledgment of any Sec. 986, R. S.
conveyance, or other instrument of writing executed by any mar- D.C.
ried woman, to take depositions, and to administer oaths and affir- Ibid., pp. 44, 45,
mations 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. [see R. s. U. S., § 863, 177s.]
SEC. 13. Each notary public shall keep a fair record of all his . Records; certi-
official acts, except such as are mentioned in the preceding section, fled copies.
and when required shall give a certified copy of any record in his Sec. 987, R. S.
office to any person, upon payment of the fees therefor. D
. C.
Ibid., p.45, sec.6.
* For protests etc.: See title “Bills, bonds, and promissory notes.”
ºy
108
CHAPTER XI.--COMMISSIONERS OF DEEDS, ETC.
Original protest
“to be prima facie
evidence.
Sec. 988, R. S.
D. C.
Ibid.
6 Howard R.,
248, Bowling vs.
Harrison ; Mac-
A r t hur and M.
Rep., 22, Morton
vs. Cam m a C k;
Alex. British Stat.,
Certificate to be
like evidence.
Sec. 989, R. S.
C
D. C.
Ibid., 45, sec. 9.
Fees.
Sec. 990, R. S.
D. C.
Ibid., sec. 10.
Penalty for tak-
ing higher fees.
Sec. 991, R. S.
D. C.
Ibid.
Records in case
of death, etc.
Sec. 992, R. S.
D. C
Ibid., sec. 8.
18 Wheaton Rep.,
326, Nichols vs.
Webb. .
SEC. 14. The original protest of a notary public, under his hand
and official seal, of any bill of exchange or promissory note for
non-acceptance or non-payment, stating the presentment by him of
such bill of exchange or note for acceptance or payment, and the
non-acceptance or non-payment thereof, and the Service of notice on
any of the parties to such bill of exchange or promissory note, and
specifying the mode of giving such notice, and the reputed place of
residence of the party to whom the same was given, and the post-
office nearest thereto, shall be prima-facie evidence of the facts con-
tained therein.
633.
SEC. 15. 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 in like manner as the
Original protest.
SEC. 16. The fees of motaries 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;
Taking 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, Óne.
dollar to be paid by the party accepting or paying the same;
Each noting of protest, one dollar.
SEC. 17. Any notary public who shall take a higher fee than is
rescribed by the preceding section shall pay a fine of one hundred
#º and be removed from office by the Supreme court of the
istrict. -
SEC. 18. 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. .
PTJBLIC HOLIDAYS.
SEC. 19. The following days, namely: The first day of January,
commonly called New-Year's day; the fourth day of July; the
twenty-fifth day of December, commonly called Christmas day; the
twenty-second day of February"; that day upon which the President.
of the United States is inaugurated, otherwise called Inauguration
Day," the thirtieth day of May in each year, usually called “Decora-
tion Day,” and any day appointed or recommended by the President
of the United States as a day of public fast or thanksgiving, shall
be holidays within the District, and shall, for all purposes of pre-
Senting for payment or acceptance, for the maturity and protest,
and giving notice of the dishonor of bills of exchange, bank-checks,
and promissory notes, or othér negotiable or commercial paper, be
treated and considered as is the first day of the week, commonly
called Sunday, and all notes, drafts, checks, or other commercial or
negotiable paper falling due or maturing on either of said holidays,
shall be deemed as having matured on the day previous.* -
Certain holidays
established; legal
effect.
Sec. 993, R. S.
D. C., as amended
28 June, 1870.
16 Stat., 168.
Twenty-second
February.
'Amended Jan.
31, 1879, 20 Stat.,
277.
Inauguration
Day.
*Amended June
18, 1888.
25 Stat., 185.
Decoration Day.
*Amended August 1, 1888. 25 Stat., 353.
*Saturday a half-holiday, see resolution of Dec. 22, 1892; also Feb. 18, 1893.
CHAPTER xi.-COMMISSIONERS OF DEEDS, ETC. 109
SEC. 20. That section nine hundred and ninety-three of the Revised , Washington’s
Statutes of the United States relating to the District of Columbia Hºy a legal
be, and the same hereby is, amended by adding to the days therein “”
declared to be holidays within the District the twenty-second day of T.s. p.o.º.
February ; and such day shall be a holiday for all the purposes District ºf Go-
mentioned in said section. - lumbia.
. - Jan. 31, 1879. 20 Stat., 277.
SEC. 21. That section nine hundred and ninety-three of the Revised Inauguration
Statutes of the United States, relating to the District of Columbia, Qay a holiday in
be, and the same hereby is, amended, by adding to the days therein Pistrict of Colum-
declared to be holidays within the said District, that day upon which * -
the President of the United States is inaugurated, otherwise called T. sp. c.
Inauguration Day, and that such day shafi be a holiday for all the 99.p. iić.” ”
purposes mentioned in said section. - June 18, 1888.
25 Stat., 185, ch. 391.
SEC. 22. That the thirtieth day of May in each year, usually called , Decoration, Day
Decoration Day,” shall be, and hereby is, made a holiday within § § : #3.
the District of Columbia as fully in all respects as are the days men- i.” “”
tioned as holidays in section nine hundred and ninety-three of the Tº
Revised Statutes of the District of Columbia. ~, R. S. D. C., sec.
993, p. 116, Aug. 1, 1888, 25 Stat., 353, ch. 723.
SEC. 23. Whenever any day set apart as a legal holiday within . Legal holidays,
the District of Columbia shall fall on the first day of the week, com- Pºiº Colum-
monly called Sunday, then and in such event the day next succeed- §ºd. 1ng On
ing shall be a holiday within the District of Columbia, and shall for &
all purposes of presenting for payment or acceptance, for the matu- ~ * ; º C., 993,
rity and protest and giving notice of the dishonor of bills of exchange, “...an
bank-checks, and promissory notes or other negotiable or commercial Dec. 30, 1881.
paper, be treated and considered as is the first day of the week, com- 22 Stat., 1.
monly called Sunday, and all notes, drafts, checks, or other com-
mercial or negotiable paper falling due or maturing on Such holiday
shall be deemed as having matured on the Saturday previous.
SEC. 24. That all per diem employees of the Government, on duty Per diem em-
at Washington or elsewhere in the United States, shall be allowed Pºi..., d pay for
the day of each year, which is celebrated as “Memorial” or “ Deco- Dºº" }.
ration Day” and the fourth of July of each year, as holiday, and and Fourth of
shall receive the same pay as on other days. July.
Feb. 23, 1887. 24 Stat., 644.
SEC. 25. The employees of the Government Printing Office shall , Employés of
be allowed the following legal holidays with pay, to-wit : the first # 'º." t;
day of January, the twenty-second day of February, the fourth day #. &
of July, the twenty-fifth day of December, and such day as may be
designated by the President of the United States as a day of public e
fast or thanksgiving : Provided, That the said employees shall be Provºso.
paid for these holidays only when the employees of the other gov- *
ernment departments shall be so paid : And provided further, That +”
nothing herein contained shall authorize any additional payment to Apr. 16, 1880.
Such employees as receive annual salaries. 21 Stat., 304.
1 ſ () * * CHAPTER XII. —CON STABLEs.
CHAPTER TWELVE.
CONSTABLEs.
Sec. Sec. t -
1. Supreme court may appoint twenty. 7. Failure of constables to pay over
2. Bond required; removal from office. money. º
3. Duties of constables. 8. Fees and commissions. -
4. Shall take oath and give bond. 9. Penalty for failing to qualify or find
5. Bond with sureties required. a substitute.
6. Powers of constables. -
Supreme court SEC. 1. The supreme court of the District shall have authority to
of District may appoint not exceeding twenty constables, who shall hold office for
: twenty four years, subject to be removed by said court for cause, upon hear-
* . . ing. And said constables shall be the successors of the consta-
June 7, 1878. bles now holding office in the said District.*
20 Stat., 100., sec. 3. Sup. R. S., 337. -
. Form and ap- SEC. 2. The Supreme court of the District of Columbia shall have
F., ºf ... the power to fix the amount and form of the bonds, and approve the
Office. same, to be given by said constables, and may remove constables
from office for willful violation, of law, or for misconduct, or for
June 7, 1878, incompetency. %
20 Stat., 100, sec. 4. Sup. R. S., 337. 3 Mackey, R. 388, D. C. vs. Van Horn.
Duties of con- SEC. 3. The duties of constable shall be confined exclusively to the
stables. . service of civil process and the collection of strictly private debts
Sec. 1035, R. S. within the District. -
D, C, Mar, 3, 1863. 12 Stat., 803, sec. 10.
Constables to SEC. 4. Each constable shall, before performing any of the duties
tºke ºth and of his office, take the oath prescribed for civil officers in the Dis-
give bond. . trict, and shall enter into a bond to the United States in the sum of
Sec. 1036, R. S. five thousand dollars, with security, to be approved by the clerk of
D. C. the supreme court of the District, conditioned for the faithful per-
#sº º formance of the duties of his office, and for the punctual payment
”” of all moneys coming into his hands to the persons entitled to receive
the same.
... Bond with sure- SEC. 5. The clerk of said supreme court shall approve of no bond
ties required. of any constable until at least three bondsmen shall sign said con-
Ibid. stable's bond, and each of said bondsmen shall file with said con-
stable's bond an affidavit that he is the owner in fee-simple of unin-
cumbered real estate, situated in the District of Columbia, of the
cash value of at least five thousand dollars.”
Power of consta- SEC. 6. Constables are authorized to serve warrants and levy exe-
bles. cutions issued by justices of the peace, and make return thereof to
Sec. 1038. R. S such justices, in the same manner, and be liable to the same penal-
D'ê.” “ ” ties, as the marshal or his deputies. [See §§910, 912, R. S. D. C.]
March 1, 1828, 3 Stat.,745,746. U. S. vs. Bill, 2 Cranch, C. C.,202; Wells vs. Hubbard, 2 Cranch,
C. C., 292, -
Failure of con- SEC. 7. Where a constable shall have received money, on any
sºlº tº pay over judgment or execution, not exceeding twenty dollars, and shall fail
money, etc. to pay the same to the plaintiff, or his agent, when demanded, or
Sec. 1039, R. S. shall fail to return any execution within the time imited for such
. C. return, it shall be lawful for the supreme court of the District, on
* Constable sued for act done by virtue of his office, etc., may plead general issue, etc. 7 James I,
ch. 5, Alex. Brit. Statutes, p. 434.
f Sec. 20, Stat. 101, Sec. 4, form, etc., of bond to be fixed by court.
Constable's oath to keep jury together. See sec. 1015, R. S. D. C.
CHAPTER xIII.-CONTRACTS, ETC. 111
motion, five days’ previous notice being given to the constable, to Ibid., p. 745.
enter up judgment, instanter, against him for the amount so received, -
with interest and costs.
SEC. 8. The fees of constables shall be fixed and determined by Fees and com-
the supreme court, and a commission of five per cent. shall be *
... each constable for every sum on executions by him levied. Sec. 1040, R. S.
D. C. Feb. 22, 1867, 14 Stat., 402. 1 Cr. Ct. R., 411, U.S. vs. Little.
SEC. 9. Whenever any person shall be appointed a constable by . Penalty for fail-
any court, and shall neglect to act, according to such appointment, Él to º: Or
and shall not, within five days after notice of such appointment, **
qualify as constable, or within that time find a sufficient and proper Md. act 1782, ch.
person to qualify and act in his stead, he shall be fined by the said "...mo
court not exceeding ten pounds current money [$26.66%]. Dorsey, 19.
CHAPTER THIRTEEN.
CONTRACTS AND ACCOUNTS FOR PUBLIC BUILDINGS, WORKS, AND
FUEL
Sec. - | Sec. -
1. Contracts for buildings and works to 8. Penalty for making or passing, etc.,
be advertised. * fraudulent vouchers." -
2. Bids for same, how opened. 9. Fuel, inspection of
3. Contracts in advance of appropria- 10. Inspectors of fuel, appointment;
tions void. - bond; duties.
4. Contractors to give Security for 11. Appointment of inspectors, to be moti-
advances. fied to accounting officer.
5. Measurement of work. 12. No payment for fuel except on cer-
6. Extra materials, how rated. tificate. *
7. Illegal vouchers, how stopped.
SEC. I. All contracts for buildings and other public works of the Contracts to be
United States in the District of Columbia shall be advertised at least advertised.
sixty days before letting. Sec. 238, R. S.
D. C.
SEC. 2. Bids shall be opened in the presence of the bidders, if any Bid S, how
of them shall be present, and notice thereof shall be given in the opened.
advertisement for proposals. Sec. 239, R. S.
- s, * D. C.
^.
SEC. 3. All contracts made without an appropriation of money Contracts in ad-
for an object, the subject of a contract, are void. - vance of appropri-
- [See R. S. U. S., §§ 3733,5503.] ations Void.
Sec. 240, R. S.
D. C.
SEC. 4. Good and sufficient security shall be given for twice the Sec ºrity re-
º º quired for ad-
ºf money advanced at any time to a contractor under any ºt.”.
tractOrS.
Sec. 241, R. S. D. C.
SEC. 5. The following rule of measurement shall be applied to all Rule of meas-
buildings and other public works and contracts in the District of urement.
Columbia, namely: Sec. 242, R., S.
First. The work and materials shall be measured agreeably to the D. C.
Original contracts.
Second. The contracts and the proposals shall be put in the hands
of the measurer, who, before entering on duty, shall be sworn to
examine and measure and report every part of the work and mate-
rials without deviation from the contracts and proposals.
112 CHAPTER xIII.-CONTRACTS, ETC.
Extramaterials, SEC. 6. If it is shown that any extra materials are used they shall
.how rated. be rated at the pro-rata price for materials only, and shall be en-
Sec. 243, R. S. tered in a separate Column of the account.
C.
Illegal vouchers SEC. 7. It shall be the duty of the First Comptroller of the Treas-
to be stopped. ury to arrest and stop any voucher not made in form and in accor-
Sec. 244, R. S. dance with the terms of the contract against which it is drawn.
. C. *
Penalty for SEC. 8. It shall be a penal offense for every measurer and inspec-
making °. º: tor of work, or disbursing officer, to make, or present, or to pass, or
i; * * attempt to pass, any falsely made or fictitious voucher to draw
e money from the Treasury on any contracts or accounts whatever.
pº 245, R. S. - [See, R. S. U. S., §§ 5488, 5440, 3400–3494.]
... Inspection of SEC. 9. It shall not be lawful for any officer or person in the civil,
fººlin, District of military, or naval service of the United States in the District of
Columbia. Columbia to purchase anthracite or bituminous coal or wood for the
Sec. 3711, R. S. public service except on condition that the same shall, before
Ui,uly, 1870 delivery, be inspected and weighed or measured by some competent
94."º. i. person to be appointed by the head of the Department or chief of the
235 " ' '*' branch of the service for which the purchase is made. The person
Appointment of so appointed shall, before entering upon the duty of inspector,
inspectors of fuel. weigher, and measurer, and to the satisfaction of the appointing
Bond of: duties officer, give bond, with not less than two Sureties, in the penal sum
of. y of five thousand dollars, and with condition that each ton of coal
weighed by him shall consist of two thousand two hundred and forty
pounds, and that each cord of wood to be so measured shall be of
the standard measure of one hundred and twenty-eight cubic feet.
The inspector, weigher, and measurer so appointed shall be entitled
to receive from the venders of fuel weighed and measured by him
twenty cents for each ton of coal weighed, and nine cents for each
cord of wood measured by him. Each load or parcel of wood or coal
weighed and measured by him shall be accompanied by his certifi-
cate of the number of tons or pounds of coal and the number of cords
or parts of cords of wood in each load or parcel.
, Appointments SEC. 10. The proper accounting officer of the Treasury shall be
*: º ..? furnished with a copy of the appointment of each inspector, weigher,
mºunting and measurer appointed under the preceding Section.
Sec. 3712, R. S. U.S. Ibid., sec. 2.
No payment SEC. 11. It shall not be lawful for any accounting officer to pass
Without certifi- or allow to the credit of any disbursing officer in the District of
Cate. Columbia any money paid by him for purchase of anthracite Orbitu-
Sec. 3713, R. S. minous coal or for wood, unless the voucher therefor is accompanied
ibid by a certificate of the proper inspector, weigher, and measurer that
lCi. the quantity paid for has been determined by such officer.
CHAPTER xiv.–CORONER. 113
CHAPTER FOURTEEN.
CORONER,
Sec. Sec. w
1. Duties of, expenses" of interring 7. Usual and additional oath to be taken
bodies; proviso; reports to health and recorded.
officer; valuables found on bodies, 8. To give bond ; its condition and obli-
how disposed of; salary of coro- gation. NOTE. –When coroner can
ner; bond of coroner. NOTE. – not execute process, elisor may be
Jury, how composed, and their pay; appointed.
fees of witnesses; abortive drugs, 9. May give bond in sixty days.
coroner to analyze. 10. Coroner paying certain judgments;
2. Duty of coroner on inquisition found subrogated NOTE. –Cap i as a d
before him. . º satisfaciemdum, me eaceat.
3. What things a coroner shall inquire | 11. Judgment against, for failure to
into. - return execution.
4. Commission of. NOTE. –Is officer of 12. Judgment against, for failure to
the District. . . . . . . . . return original writ.
5. Usual Oath of. 13. Paying judgment is entitled to the
6. Additional oath of ; certificate of, to Original cause of action.
be filed and recorded ; penalty for 14. Motion against, for return of writ:
neglect. response, etc.
SEC. 1. It shall be the duty of the coroner to hold an inquest over Coroner.
any person found dead in the District of Columbia, when the manner Puties.
and cause of death shall not be already known as accidental or in
the course of nature. And said coroner is hereby authorized and
empowered to issue his certificate to the auditor for the payment of
such expenses as may be necessary for the interment of any person . Expenses of in-
over whom he has held an inquest and whose body is not claimed by terring bodies.
friends or relatives: Provided, That the amount of such expenses Proviso.
shall not exceed the sum of ten dollars. He shall make a monthly
report to the Health Officer [Board of Health] of the number of sportstohealth
inquests held by him during the month last past before said report, *
With a full description, as far as may be, of the age and sex of per-
Sons, color and nationality, the cause and mode of their death, and
such other particulars as may be necessary to their identification, in &
case of strangers and unknown persons. He shall also, immediately
after holding any inquest, deposit in some bank in the city of Wash- Disposition of
ington, subject to the order of the Commissioners [Governor, all Yaluables found
moneys, and all other property and other effects with the property ‘’” body.
clerk of the police department, which shall be found upon the person
of those over whom he shall hold inquest, as hereinbefore provided.
He shall receive a salary of ome thousand eight hundred [two thou. Salary.
Sand] dollars per annum, and give bond, to be approved by the Com- Bond.
nissioners [Governor, in the sum of five thousand dollars, condi- TLeº Assein
tioned for the faithful performance of his duties.* Sec. 13, ch, 108, pp.
148, 149, 1871, Aug. 23.
SEC. 2. Every coroner, upon any inquisition before him found, , The coroner's
whereby any person or persons shall be indicted for murder or manº dº...ºpon, an in;
slaughter,or as accessory or accessories to the same, before the murder º.º. 9"""
or manslaughter committed, shall put in writing the effect of the evi- ſº
dence given to the jury before him, being material; and as well the said ...}, and II Philip
justices, as the said coroner, shall have authority by this act, to bind all # * º
such by recognizance or obligation, as do declare anything material, "...p.
to prove the said murder or manslaughter, offences or felonies, or to 370. 3.
be accessory or accessories to the same, as is aforesaid, to appear at Kilty's Rep.,233.
* The bond to be filed in the office of the secretary of the Board of Commissoners of the District.
Sec. 47, 1 Leg. Assem., ch. 108, p. 161. See chapter “D. C.”
2 Sup., R. S., p. 322, Mar. 3, 1881: Coroner's jury, six persons; pay $1 each per day. See title “Jury”
OSt.
Witness fees before the coroner. See sec. 901, R. S. D. C. -
Required to analyze abortive drugs. Sec. 7, p. 28, Leg. Assem., Jan. 19, 1872.
S C S
114
CHAPTER xiv.–CORONER.
1 Cranch, Ct.
Rep., 456, U. S. vs.
F a w; m on ey
found by coroner
on dead body, 22
Wash. Law Rep.,
143, Tucker vs.
Nebeker.
Of what things
a coroner shall in-
Quire.
4 Edward I,
Stat. 2, A. D
1276.
Alex. Brit. Stat.
66–70.
the next general goal-delivery to be holden within the county, city,
Or town corporate where the trial thereof shall be, then and there to
give evidence against the party so indicted at the time of his trial;
and shall certify as well the same evidence as such bond or bonds in
Writing, as he shall take, together with the inquisition or indictment
before him taken and found, at or before the time of his said trial
thereof to be had or made : and likewise the said justices shall certify
all and every such bond taken before them, in like manner as before
is said of bailments and examination.
SEC. 3. A coroner ought to inquire of these things, if he be cer-
tified by the bailiffs, or other honest men of the country: First, he
shall go the places where any be slain, or suddenly dead, or wounded,
Or where houses are broken, or where treasure is said to be found,
and shall forthwith command six to appear before him in such a
place; (2) and when they are come thither, the coroner upon the
Oath of them shall inquire in this manner, that is to wit, if they
know where the person was slain, whether it were in any house,
field, bed, tavern, or company, and who were there : Likewise it is to
be inquired, who were culpable either of the act, or of the force,
and who were present, either men or women, and of what age SOever
they be (if they can speak or have any discretion :) (3) and how many
soever be found culpable by inquisition in any of the manners afore-
said, they shall be taken and delivered to the sheriff, and shall be
committed to the gaol; (4) and such as be founden, and be not cul-
pable, shall be attached until the coming of the justices, and their
names shall be written in rolls. (5) If it fortune any such man be
slain, which is found in the fields, or in the woods, first it is to be
inquired, whether he were slain in the same place, or not ; (6) and if
he were brought and laid there, they shall do so much as they can to
follow their steps that brought the body thither, whether he were
brought upon a horse, or in a cart : (?) It shall be inquired also,
if the dead person were known, or else a stranger, and where he lay
the night before ; (8) and if any be found culpable of the murther,
the coroner shall immediately go unto his house, and shall inquire
what goods he hath, and what corn he hath in his graunge; and, if
he be a freeman, they shall inquire how much land he hath, and
what is its worth yearly ; and further, what corn he hath upon the
ground. (9) And when they have thus inquired upon every thing,
they shall cause all the land, corn, and goods to be valued, in like
manner as if they should be sold incontinently, and thereupon they
shall be delivered to the whole township, which shall be answerable
before the justices for all; (10) and iº. of his freehold, how
much it is worth yearly over and above the service due to the lords
of the fee; and the land shall remain in the King’s hands, until the
lords of the fee have made fine for it. (11) And immediately, upon
these things being inquired, the bodies of such persons being dead
or slain shall be buried.
In like manner it is to be inquired of them that be drowned, or
suddenly dead, and after such bodies are to be seen, whether they
were so drowned, or slain, or strangled by the sign of a cord tyed
streight about their necks, or about any of their members, or upon
any other hurt found upon their bodies, whereupon they shall proceed
in the form abovesaid; (2) and if they were not slain, then Ought the
coroner to attach the finders, and all other in the company. (3) A
coroner also ought to inquire of treasure that is found, who were the
finders, and likewise who is suspected thereof; and that may be well
perceived where one liveth riotously haunting taverns, and hath
done so for long time; hereupon he may be attached for this suspi-
cion by four, or six, or more pledges, if he may be found. (4) Fur-
ther, if any be appealed of rape, he must be attached, if the appeal
be fresh, and they must see apparent sign of truth by effusion of
CHAPTER XIV. —CORONE.R.
115
blood, or an open cry made ; (5) and such shall be attached by four,
or six pledges, if they may be found: (6) If the appeal were without
Cry, or without any manifest sign or token, two pledges shall be suf-
ficient. (7) Upon appeal of wounds and Such like, specially if the
wounds be mortal, the parties appealed shall be taken immediately
and kept until it be known perfectly, whether he that is hurt shall
recover, or not ; (8) and if he die, the defendant shall be kept ; and
if he recover health, they shall be attached by four or six pledges,
after as the wound is great or small. (9) If it be for a maim, he
shall find no less than four pledges; if it be for a small wound, two
ledges shall suffice. (10) Also all wounds ought to be viewed, the
ength, bredth, and deepness, and with what weapons, and in what
part of the body the wound or hurt is and how many be culpable,
and how many wounds there be, and who gave the wound ; (11) all
which things must be inrolled in the roll of the coroners. (12) More-
Over, if any be appealed of an act done, as principal, they that be
appealed of the force shall be attached also, and surely kept in ward, .
until the principals be attainted or delivered. (13) Concerning horses,
boats, carts, &c. whereby any are slain, that properly are called
deodands, they shall be valued and delivered unto the towns, as
before is said. º Concerning wreck of the sea, wheresoever it be
found, if any lay hands on it, he shall be attached by sufficient pledges
and the price of the wreck shall be valued and delivered to the
towns. (15) If any be suspected of the death of any man being in
danger of life, he shall be taken and imprisoned, as before is said;”
SEC. 4. Form of a commission to a coroner, surveyor, or any other
civil officer of government: The District of Columbia [state of
Maryland] to A. B. of , Esquire, greeting: Be it known, that
reposing especial trust and confidence in your prudence and honesty,
you are appointed sheriff, or one of the coroners, or surveyor of
to hold the said office of —, with all lawful fees, profits, privi-
leges and benefits, to the said office of — belonging, until you
shall be duly discharged therefrom, and to execute the duties of the
Said office with diligence and fidelity, without favour, affection or
partiality, according to law. Given under the seal of * * * this
—— day of —, in the year of Our Lord one thousand eight hun-
dred and ninety. Witness C. D.
SEC. 5. The oath of [the coroner] and all other civil officers of this
District [state:] “I, A. B. do solemnly promise and swear that I will
well and truly behave and demean myself in the office of — in
all things appertaining to the duties thereof, according to the best
of my skill º judgment, and without favour, affection or partiality;
SO help me God.” f (See also two succeeding sections.
SEC. 6. All coroners within this District [State] already commis-
sioned, shall, on Or before the first Monday in March next, take the fol-
lowing Oath, or affirmation, (as the case may be,) before some judge or
justice of the court of the county for which they may have been respect-
fully commissioned, to wit : “I, A. B. do swear, or affirm, (as the case
may be,) that in summoning jurors to be returned to any of the
Courts of this District [state, and that in executing every writ or pre-
cept which shall come to my hands for the return, of jurors, I will use
my utmost diligence to summon and return, as jurors, sober and
judicious persons, of good reputation, and qualified by the laws [of
this state] to serve as jurors, and to prevent any man being sum-
moned or returned by me, or by any officer under me, who in my
judgment will be influenced in determining any of the matters
Forms of com-
mission.
Md. act 1777, ch.
5, pt. of Sec. 1.
1 Kilty, 441.
1 Dorsey, 128.
Usual oath of
CO l'Ollel”.
Ibid.
1 Dorsey, 128.
* When the jury appear, they are to be sworn and charged by the coroner to inquire upon the view
of the body how the party came by his death. It is absolutely necessary that the inquest be held
upon view of the body, and that the jury be sworn by the coroner, and an inquest taken otherwise is
void. 2 Hawk., P. C., 77; 3 B. & A., 260, R. vs. Ferrand; 8 A. & E., 396, In re Dawes; 5 Best & S. 249,
R. v.8. Ingham. -
f The coroner is an officer of the District. See act of Leg, Assem., Aug. 21, 1871, chap. 64, sec. 1, p. 74.
*
Additional oath
Of coroner ; cer-
tificate to be re-
corded ; penalty
for neglect.
Md. act 1797, ch.
87, Sec. 2.
2 Kilty, 731.
1 Dorsey, 349.
See sec. 837, R.
S, D. C.
I 16
CHAPTER XIV. —CORONE.R.
The usual and
additional oath to
be taken and re-
corded.
Ibid., sec. 4.
1 Dorsey, 350.
Coroner to give
bond ; its condi-
tion and obliga-
tion.
Md. act 1797, ch.
95, sec. 1.
2 Kilty, 745.
Jan. 20, 1798.
Coroner may
give bond in sixty
days.
Md. act 1799, ch.
which shall come before him as a juror by hatred, malice or ill will,
fear, favour, or affection, or by any partiality whatever ; and that I
will not summon or return as a juror any person, who, in my opin-
ion or to my knowledge, may be solicitous to be returned upon the
panel of jurors ; ” and that they respectively return a certificate of
such oath, or affirmation, to the clerk of the court of the county for
which such person is commissioned as coroner, within twenty days
thereafter, there to be recorded by said clerk, whose duty it is here-
by declared to be to record the same amongst the proceedings of the
[preceding county] court ; and that in case any coroner shall neg-
lect to take such oath, or affirmation, or return a certificate thereof
as aforesaid, the person so neglecting shall forfeit and pay the sum
of fifty dollars, to be recovered by indictment before the district
Court of the county for which such person is commissioned, [and
applied to the use of said county. *]
SEC. 7. Every coroner hereafter commissioned within this District
[state] shall, before he be allowed to proceed on the execution of his
office, besides the usual oaths or affirmations as required by the consti-
tution and laws of this District [state, take the oath, or affirmation,
(as the case may be,) above prescribed, before some judge or justice
of the court of the county for which such person may be commis-
Sioned, and return a certificate of such oath, or affirmation, to the
Secretary of the Board of Commissioners of the District of Columbia
ſclerk of the court of the county for which such person may be
Commissioned, there to be recorded as aforesaid. f
SEC. S. That from and after the first day of April next, and [be-
tween the first days of March and April [] in every third year there-
after, every coroner, before he executes any civil process, shall give
bond, [or enter into a recognizance to the state of Maryland, in the
penalty of one thousand pounds, with a condition, that he will well
and truly execute the office of coroner in all things thereto belonging ;
and shall also well and faithfully execute and return all writs, or other
process, to him directed ; and shall also pay and deliver, to the per-
son or persons entitled to receive the same, all sums of money and
tobacco, all goods and chattels, by him levied, seized Or taken,
agreeably to the directions of the Writ, or other process, under which
the same shall have been levied, seized, or taken ; and also shall
keep and detain in safe custody all and every person and persons
committed to his custody, or by him taken in execution, or who
shall be committed for the want of bail, without suffering them, or
any of them, to escape or depart from his custody; and shall also
satisfy and pay all judgments which shall be rendered against him
as coroner ; and shall also well and truly execute and perform the
several duties required of or imposed upon him by the laws [of this
state ; ) which bond or recognizance shall be entered into before,
and attested by, the chief justice of the district, or any associate
justice of the county, with two sufficient securities, freeholders of
the county, and shall, immediately after the execution thereof, be
delivered by the said justice to the clerk of the [county] court, to be
by him recorded, and a copy thereof, certified under the seal of the
court, shall be good evidence to prove the execution of Such bond
in any court of this District [State.] § [See § 1 of this chapter.]
SEC. 9. Any coroner already appointed, or hereafter to be ap-
pointed, may give bond at any time of the year, within sixty days
after his appointment, in the manner and for the term prescribed
by law.
91, sec. 1, 1 Dorsey, 428, 2 Kilty,935.
* As an officer of the District he is also required to take an oath to Support the Constitution of
the United States. See sec. 48, Leg. Assem., Aug. 23, 1871, ch. 108, p. 162; See chapter on 1)istrict of
Columbia. Sec. 837, R.S. D. C. ' g
f Sec. 48, 1 Leg. Assem., ch. 108, p. 162. See chapter on District of Columbia.
; Regulated by next section.
§ When coroner can not execute process elisor may be appointed. Md. act, 1794 ch. 54, Secs. 5.
and 6, 1 Dorsey, 312.
CHAPTER XIv.–CORONER.
II'ſ
SEC. 10. If any coroner, against whom any judgment shall be
entered for default in not producing the body of the person against
whom process may have been issued, shall satisfy the plaintiff the
amount of his debt and costs, he shall have the same remedy against
the defendant on the plaintiff’s judgment against him as the plain-
tiff himself might originally have had.*
SEC. 11. In case any coroner shall be called upon by order of any
court of record [within this state, or of the [high] court of chan-
cery, to make return of any writ of execution, and shall fail or omit
to make return thereof within the time limited by rule of court
made for that purpose, it shall and may be lawful to and for the
judges aforesaid to cause judgment to be entered up, in the name of
the plaintiff or plaintiffs, against Such coroner, for the amount of
the debt or damages, and costs, recovered from the person or persons
against whose body, goods, chattels, land Or tenements, such execu-
tion shall have issued, which judgment shall have the same effect,
Operation and validity, as any judgment rendered upon any verdict
of a jury. Af
SEC. 12. In case any coroner shall be called upon by order of the
justices [of the general court, or of any county court, J to return
any original writ, and shall fail or omit to make return thereof
within the time limited by rule of court for that purpose, and in all
cases where any coroner, being called upon by Order of the [general
court or any county] court, to bri”g before them any defendant or
defendants before arrested by such coroner upon any original writ
or mesne process, according to the tenor of his return, the court, on
motion, shall cause such coroner to be amerced to the amount of
the debt or damages, and costs due from the defendant or defend-
ants, to be ascertained by the oath of the plaintiff or plaintiffs, his,
her or their factor, agent Or attorney, and such other proof as the court
may require, and shall and may enter judgment, misi the second
day of the next term thereafter, for the amount of the amerciament
aforesaid, in the name of the plaintiff or plaintiffs, and for his or
their use, against Such coroner, which judgment shall be as valid
and effectual as any judgment rendered upon any verdict of a jury.
SEC. 13. In all cases where any coronershall pay and satisfy to the
plaintiff or plaintiffs any judgment rendered against him in virtue of
this act as aforesaid, Or any judgment rendered against him for a de-
fault upon any execution, such coroner shall thereupon immediately
become entitled to the Original cause of action, or judgment, as the .
case may be, as fully as the plaintiff or plaintiffs themselves was or
were, and may issue any execution in his own name, or in the name
of the Original plaintiff or plaintiffs, upon such judgment, for his
Own use, or prosecute such action to judgment and execution for his
own use, and shall be entitled to every other benefit and advantage
from such judgment, or cause of action, and suit thereon depending,
that the original plaintiff or plaintiffs might or could have had
thereupon.
SEC. 14. Upon motion made to either of the said courts for an
Order upon the coroner to make return of any writ of execution, or
any Original writ, as aforesaid, the said court shall and they are
hereby directed to make such order of course, unless such coroner
shall, upon Oath or otherwise, satisfy the said court that the said writ
was not received by him, or to the best of his knowledge by any of
his deputies.
Coroner paying
certain judgment,
Subrogated.
Md. act 1797, ch.
95, sec. 2.
2 Kilty, 745.
1 Dorsey, 353.
Judgment may
be entered agains?
any coroner fail-
ing to return exe-
cution.
Md. act 1794, ch.
54, Sec 1.
2 Kilty, 507.
1 Dorsey, 311.
Coroner failing
to return original
writ, etc., judg-
m ent may be
entered against
him.
Ibid., sec. 2.
And entitled to
the Original cause
Of action, where
he pays judgment.
Ibid., sec. 3.
* Capias ad satisfaciendwin, secs. 794, 795, 796, R. S. D. C.; me eaceat, sec 717, R. S. U. S.
Motion against
COrOner to return
Writ; response,
etc.
Ibid., sec. 4.
1 Dorsey, 312.
118
CHAPTER xv.–CORPORATIONS.
CORPORATIONS.
Sec. *
1. Creation of Corporations by general
law. -
CLASS 1.
INSTITUTIONS OF LEARNING.
2. How they may be incorporated; pre-
requisites.
3. Corporate powers; succession, to
Sue and be sued ; acquire and
hold property, etc. -
. Acquirement and alienation of
property.
. Their tenure of property.
Funds of, how applied.
Bequests, etc., to, how applied.
Limit to amount of land corporation
may hold.
. Land reverts to original donor,
when.
10. Officers, and servants, how appoint- |
ed, etc.
11. Treasurer to give bond.
12. Annual statement, what to contain ;
to be recorded by recorder of deeds.
13. Process against corporation.
14. Quo warranto proceedings against.
CLASS 2.
RELIGIOUS SOCIETIES.
15. Limit to ownership of lands by.
16. May assume a name; trustees of.
17. Certificate of trustees, how verified
and recorded.
18. Trustees’ term of office; rules and
regulations concerning.
19. Trustees, their successors, record of.
20. Trustees, failure to choose.
21. Corporate powers.
22. Title to land, in whom vested.
23. Trustees, powers and duties as to
sale of lands.
24. Same subject, mortgage of lands.
25. Reversion of property, when.
26. Private Schools of, not privileged
under school laws. -
CLASS 3.
SOCIETIES, BENEVOLENT, EDUCATIONAL,
ETC.
27. Existing corporations (of this char-
acter) may avail themselves of pro-
visions of this act, etc.; right
reserved to alter or abolish charters
and of repeal.
28. Such Societies, etc., how formed.
29. Their corporate powers; proviso.
30. Election of officers; vacancies, how
filled. --
31. Existing Societies, how reorganized.
32. Sale, etc., of its real estate, when, etc.
CHAPTER FIFTEEN.
CLASS 3—Continued.
Sec. .
33. Surrender of corporate powers; dis-
position of property. *
34. Name previously adopted by another
not to be used. -
35. Board of Foreign Missions Methodist
Protestant Church empowered to
hold property; proviso, limitation
as to real estate. $
CLASS 4.
MANUFACTURING, AGRICULTURAL, MIN-
ING, MECHANICAL, INSURANCE, TRANS-
PORTATION, MARKET, AND SAVINGS
BANK CORPORATIONS.
36. Such companies, how formed; cer-
tificate of incorporation to be ac-
knowledged and recorded; what
certificate must contain. &
37. Perpetuation of real estate title in-
Surance companies.
38. Corporate powers.
39. Trustees, number and qualifications
Of.
40. Election of trustees; vacancies sup-
plied.
41. Nonelection of trustees not to dis-
Solve company.
42. Officers of company; how chosen;
required to bond. &
43. By-laws.
44. Assessment calls, forfeiture for non-
payment.
45. Stock defined as personal estate;
transfers of.
46. Liability of stockholders.
47. Capital stock paid in, certificate and
record of.
48. Whº capital stock must be paid in
ull.
49. Capital stock must be paid in money.
50. Annual statement to be verified, re-
corded, and published.
51. Trustees' liability for failure to make,
etc., annual statement.
52. False certificate, liability of officers
making Same.
53. Funds not to be invested in stock of
other companies.
54. Loans of funds to stockholders pro-
hibited ; liability for breach.
55. Liability of trustees for declaring,
etc., unlawful dividends.
56. Same subject, when trustee relieved.
57, Same subject, when debts exceed
capital stock.
58. Liability of stockholders for debt,
wages, etc.
59. Same subject, limitation of.
60. Same subject, executors, etc., not
personally liable on stock held as
such.
61. Representation of stock held by ex-
ecutors, etc.
CHAPTER xv.–CORPORATIONS.
119
CLASS 4—Continued.
Sec. *
62. Holders of stock, as collateral, not
Subject to liability of stockholder.
63. Stock book to be kept ; duty of trus-
teeS as to.
64. Same subject, to be open to inspec-
tion, by Stockholders and creditors,
etc.
65. Transfers of stock not valid, unless
recorded.
66. Same subject, evidence of transfer.
67. Liability of officers for noncompli-
ance with section 66.
68. Liability of company for neglect of
- section 64; penalty; how recovered,
etC.
69. Capital stock may be increased or
diminished. -
70. Same subject, when not to be dimin-
ished.
71. Existing companies may be reorgan-
ized.
72. Meeting of stockholders; notice, etc.
73. Same subject, organization of.
74. Same subject; proceedings at, regu-
lated to change or extend; verifica-
& tion of. -
75. Same subject, when change, etc., ef-
fectual.
. Same subject, Sufficient vote for. .
. Certified copy of certificate to be evi-
dence, -
CLASS 5.
º
}
. Corporate powers. -
. Certified copy of articles to be prima
CLASS 7.
RAILROAD COMPANIES.
. How formed; requisites of articles
of association; record of same.
*
CEMETERY ASSOCIATIONS.
78. Formation of ; powers, etc.
79. May acquire land, how and under
what restrictions.
80. Land to be platted and recorded, etc.
81. General powers. -
82. Sale of lots and application of pro-
ceeds.
83. Officers, how chosen.
84. Same subject, first election. . .
85. Same subject, subsequent elections,
- who may vote.
86. By-laws.
87. Property exempt.
88. Dedication of land for burial ground,
how effected, etc.
CLASS 6.
BOARDS OF TRADE,
89. How formed.
90. Corporate powers. -
91. May hold real estate, limit to.
92. Board of directors.
93. Election of Officers.
94. Their tenure of office.
95. Rules, regulations, etc.
96. Fines, how imposed and collected.
97. Arbitration, effect of.
98. Award by.
99. Same subject, notice, bond. .
100. Same subject, power to compel
attendance of witnesses.
.101. Restriction upon carrying on busi-
IleSS.
115.
116.
129.
130.
131.
132,
133.
134,
facie evidence. }
. Subscription books to capital stock
to be opened, etc.
. Allotment of stock. -
. Annual meeting of stockholders for
election of directors.
. Same Subject, judges of election.
. Same subject, certificate of elec-
tion; its authority.
. Directors, number, qualifications
and term of office.
. Same subject, how chosen, etc.
. Same subject, nonelection, how
remedied.
. Special meetings of Stockholders,
how called.
. Same subject, proceedings at and
adjournment.
By-laws. -
Officers, how chosen, security to be
given by, etc.
. President may be removed.
. Annual statements; by whom made.
. Same subject, may be called for at
any meeting.
. Stock, personal property, when and
how transferred.
. Same subject, Subscriptions, how
called in.
. Same subject, certificate of, to be re-
corded.
. Same subject, increase of.
. Same subject, how increase per-
fected.
. Same subject, limit of increase.
. Same subject, suits to enforce col-
lections of subscriptions.
. General powers, liabilities, and re-
strictions on corporations; Sur-
veys and entry upon lands, etc.;
responsibility; grants and dona-
tions to ; how to be used ; pur-
chase, etc., of real estate and com-
pensation therefor; laying out
and constructing road ; taking
materials; restoration of roads
Over Streets, water COurses, etc. ;
construction of water Courses and
highways; intersections with
other roads; roads to unite ; when
several corporations can not
agree ; motive power; compensa,
tion for traffic, buildings, stations-
etc. : transportation, fares, and
freight.
. Map and profile of road to be re-
corded. .
Same subject, as to alterations Of.
Tracks crossing highways.
Same subject, compensation for
lands taken.
Title to lands, right to acquire.
Lands, appropriation of.
Same subject, description of lands
to be deposited with clerk of
COurt.
120
CHAPTER xv.–CORPORATIONS.
Sec
iš5.
136.
137.
138.
139.
140.
141.
142.
143.
CLASS 7–Continued.
Land, purchase of from owner or
guardian.
Land, proceedings on appropriation
When unable to purchase.
Land, notice to owner or guardian
when unknown, on appropriation.
Same subject, appointment of ap-
praisers. -
Same subject, assessment of dam-
ages.
Same subject, payment or tender
for same. -
Same subject, costs of award.
Same subject, review on appeal.
Same subject, right to take posses-
Sec
I65.
166.
167.
168.
169.
170.
171.
CLASS 9–Continued.
Annual statements; special state-
ments; penalty for neglect.
NOTE.-District property, how
insured.
ASSets of fire insurance companies;
assets of inland and marine in-
Surance companies; assets of life
insurance companies; Commis-
Sioners must assent to company
commencing operations.
Foreign companies must have at-
torney in fact.
Penalty for transacting business
without authority. -
Application of insured to be attached
to policy.
When act is operative.
Mutual Fire Insurance Company, of
District of Columbia; failure to pay
interest etc., policy of insured
deemed lapsed; notice to insured:
settlement, etc.
. Same subject; costs, by whom paid.
. Insurable interest required in insur-
ance on ships or their cargo.
4. Reinsurance, wherl permitted.
. Plaintiff in action to recover insur-
ance shall disclose other insurance,
CLASS 10.
MARYLAND VESTRY ACT AND AMENDMIENTS.
176
How vestries are chosen.
Register of parish to enroll certain
persons. -
Vacancies in vestry, how filled.
Qualifications of voters and election
of vestry, how decided.
Oath of vestryman.
Vestry meetings.
Rector's powers, rights, etc.
Title of church property in vestry,
Rector's liability for waste.
Church wardens, how chosen, and
Oath of.
Same shall have power to keep the
peace, etc.
Elections for vestry may be held at
any time, etc.
Church wardens may be chosen at
any time.
Vestry may choose and contract
with ministers.
Ministers, their titles and priorities.
Vestry may take subscriptions for
parish purposes.
144.
145.
146.
147.
148.
149.
150.
151.
152.
153.
159.
160.
161.
Sion by company.
Same subject; costs, by whom paid.
Same subject; claims to money, if
by several, to be settled by court.
Same subject, court to protect rights
of claimants. -
Same subject; defective title, how
perfected.
Power to borrow money and issue
bonds; restrictions.
Annual report, contents, etc., to be
filed with clerk of court.
Carrying mails.
Making up of trains, liability for
neglect of this section. -
Accommodation of the public.
Refusal to transport passengers or
property, damages may be re-
covered.
. Passengers refusing to pay fare may
be put off.
. Employés to wear badge.
. No officer to exercise authority
without badge.
. Route and termini of road to be ap-
proved by Congress.
. Operation and management; fare
and freight may be regulated by
Congress.
Construction of this chapter.
Repeal of this chapter reserved.
STREET CARS : Power to be em-
ployed; rails ; proviso ; grooved
rails to be used in two years;
powers by commissioners if com-
pany meglect ; costs; certificates
of indebtedness for ; sale of prop-
erty; no other but grooved rails to
be used hereafter ; not applicable
Out of city limits—when approval
of Commissioners required.
CLASS 8.
SAVINGS BANKS AND TRUST COMPANIES.
162.
163.
164.
To make and publish reports ; pen-
alties for failure; to be subject to
national banking laws.
º y
To be examined.
CLASS 9.
INSURANCE.
When insurance companies shall
do business; capital ; same, as-
sessment companies.
177.
178.
179.
180.
181.
182.
183.
184.
185.
186.
187.
188.
189.
190.
191.
. Minister, or
. Register to be provided by vestry;
his duties and oath of office.
. Same Subjects, additional duties of.
. Ministers to notify register of mar-
riages, etc. *
register neglecting
duties, to pay, etc.
. Register the custodian of records;
to certify copies etc.; fees.
. Vestry fined for failure to appoint
register or provide books.
. Special meeting of vestry, how
called. :
, Vestrymen not attending meetings
may be fined.
. When vestrymen or register may
be fined.
CHAPTER xv.–CORPORATIONS.
12|
CLASS 10–Continued.
CLASS 10–Continued.
Sec. Sec.
201. Fines, how recovered. 210. Same subject; officers and voters,
202. Vestrymen bodies coporate; their qualification of; proviso, regard-
powers and duties. -- ing recently organized parishes.
203. Alienation of church property re- 211. Same subject as to meeting of west-
stricted. - - ries; vacancy investry, how filled;
204. Debts due minister not to be paid wardens, how elected; powers of
out of money received for prop- vestries. g
erty. 212. Same subject, organization of exist-
205. Vestry powers over cemeteries, ing vestries confirmed.
pews, and other church property. 213. Same subject, as to rights of asso-
206. Vestry may have seal, sue and be . ciate rectors.
Sued. - 214. Rock Creek Cemetery, privileges.
207. Parishes, how formed, united, or 215. St. John's Parish, voter's qualifica-
divided. tions. ,
208. Select vestry act repealed. 216. Qualifications of voters in certain
209. Protestant Episcopal churches, act churches. -
of legislative assembly relating 217. Sections 215 and 216, applicable to
to, approved. other churches; proviso.
SEC. 1. Corporations may be formed within the District, for the
purposes mentioned in this chapter, in the following manner :*
D. C.
CLASS 1.
INSTITUTIONS OF LEARNING.
SEC. 2. Any five or more persons, desirous of associating them-
selves for the purpose of establishing an institution of learning, may
make, sign, and acknowledge, before amy officer authorized to take
acknowledgment of deeds in the District, and file in the office of the
Creation of cor-
porations by gen-
eral law.
sec. 519, R. s.
2 Cranch, C. C., 243, Potomac Com. vs. Gilman.
How may be in-
corporated.
Sec. 520, R. S.
D. C.
recorder of deeds, a certificate in writing, to be recorded in a book
kept for that
be stated—
First. The name or title by which the institution shall be known
in law. q
Second. The number of trustees, directors, or managers, and their
Ila,I\leS.
Third. The particular branch of literature and science, or either
of them, proposed to be taught ; and
Fourth. If the institution is to be of the rank of a college or uni-
versity, the number and designation of the professorships to be
established. &
SEC. 3. Upon filing such certificate, the 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 cer-
tificate, 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.
purpose, and Open to public inspection, in which shall
* The United States of America is the true name of that grand corporation which the American people
have formed, and the charter will, I trust, long remain in full force and vigor.—John Marshall. 1
Brock, Rep., 181, Dixon vs. U. S. e
A corporation is not subject to suit in a jurisdiction foreign to its creation and where it does not
transact business. Ambler vs. Archer, 21 Washn. Law Rep., 600.
When monuser does not work a dissolution. 21 Washn. Law Rep. 653, Delafield vs. Brown.
Qwo warranto, forfeiture, 21 Washm. Law Rep., 782, U. S. vs. Metropolitan Ry.
Corporate pow-
€1’S. “,
Sec. 521, R. S.
D. C.
1 22 * CHAPTER XV. —CORPORATIONS.
Acquirement of SEC. 4. Such corporation shall be competent in law and equity to
property. take to themselves, in their corporate name, real, personal, or mixed
Sec. 522, R. S. property, by gift, grant, bargain and Sale, conveyance, will, devise,
D. C. or bequests,of any persons whomsoever, and to grant, bargain, sell,
t convey, devise, 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. - --
Tenure of prop: SEC. 5. Such corporation shall hold the property of the institution
•erty. - solely for the purposes of education, and not for the individual bene-
Sec. 523, R. S. fit of themselves, or of any contributor to the endowment thereof.
D. C. X- - .
Funds, how to SEC. 6. The trustees, directors, or managers of any such corpora-
he applied. tion shall faithfully apply all the funds collected or the proceeds of
Sec. 524. R. S. the property belonging to the institution, according to their best
D.C." 2 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.
Bequests, etc., SEC. 7. In case any donation, devise, or bequest shall be made for
how to be applied particular purposes, in accordance with the designs of the institution,
Sec. 525, R. S. and the corporation shall accept the same, such donation, devise, or
T). C. bequest shall be applied in conformity with the express condition of
- the donor or devisor.
Limit to amount SEC. 8. No such corporation shall hold more land at any one time
†. º fºra. than necessary for the purposes of education, as set forth in its
* * * articles of association, unless it shall have received the same by gift,
Sec. 526, R. S. grant, or devise, and in such case the corporation shall be required
. C. to sell or dispose of the same within ten years from the time the title
thereto is acquired.
Land reverts to SEC. 9. On failure to so dispose of the land, so much of the same
§ inal donor over and above the amount necessary to be used as provided in the
WIlen. preceding section shall revert to the original donor, grantor, devisor,
Sec. 527, R. S. or their heirs. -
T). C. -
Appointment of SEC. 10. Such corporation shall have power to appoint a president
“Officers, etc. or principal for the institution, and such professors or servants as
Sec. 52s, R. S. may be necessary, and to displace any of them, as the interests of
ID. C. 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 insti-
tution. -
May require SEC. 11. Such corporation may require the treasurer of the insti-
treasurer to give tution, and all other agents thereof, before entering upon the duties
bond. of their appointment, to give bonds for the security of the corpora-
ID sº 529, R. S. tion in such sums and with security deemed sufficient by the corpo-
tº * tº ration.
Annual state- SEC. 12. It shall be the duty of the trustees of any institution, or a
#." lº º º: majority of them, to file, on or before the first Monday in January in
...“ ” ” each year, in the office of the recorder of deeds, a statement of the
•COntain. * e º e ſe 3 *
trustees and officers of the institution, with an inventory of its prop-
Sec. 580, R. S. erty and liabilities and students, and such other information as
. C. will exhibit its condition or operation.
Process against SEC. 13. All process against any such corporation shall be by sum-
corporation. mons, and the service of the same shall be by leaving an attested
Sec. 531, R. S. copy thereof with the president, Secretary, or treasurer, or at the
º º º: the Corporation, at least sixty days before the return-day
thereof. :
CHAPTER xv.–CORPORATIONS - 123
#
SEC. 14. In case any such corporation shall at any time violate or . Prosecution for
fail to comply with any of the preceding provisions, upon complaint ºre. Q?00
being made to the supreme court of the District, a writ of quo war- ***
ranto shall issue, and the district attorney of the United States or the Sec. 532, R. S.
attorney of the District shall prosecute, in behalf of the people, for P. C. -
a forfeiture of all rights and privileges secured by this chapter to
Such corporation. t #
CLASS 2.
RELIGIOUS SOCIETIES.
• SEC. 15. It shall be lawful for the members of any society or congre- Limit to owner-
gation in the District, formed for the purpose of religious worship, ship of land.
to receive by gift, devise, or purchase, a quantity of land not exceed- Sec. 533, R. S.
ing an acre, and to erect thereon such houses and buildings, and to D. C. - -
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. 16. Such society or congregation may assume a name, and May assume *
any number of trustees, not exceeding ten, who shall be styled name; **
trustees of such Society or congregation by the name so assumed, Sec. 534, R. S.
may be elected or appointed according to the rules or discipline D. C.
governing the church or denomination to which said society or con- 3 Aºded Mar.
gregation may belong. '3stat., 529.
rº 2 Sup. R. S., 407.
SEC. 17. The persons elected or appointed as trustees shall immedi-, Certificate of
ately thereafter make a certificate under their hands and seals, stating .*. hºw
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 per-, Sec. 535, R. S.
Sons making the same, and shall be filed and recorded in the office of D
. C.
4 Mackey Rep.
the recorder of deeds of the District. 43, Fifth Baptist
Church vs. B. and P. Railroad Co.; 137 U. S. Rep., 568, B. and P. Rwy, vs. Fifth B.
Church.
SEC. 18. The trustees shall hold office during the period stated in ...Tºlstees, term
their certificates, and vacancies in the office of trustee may be filled : gºes and
by election or appointment as provided in section five hundred and ** * -
thirty-four ; and rules and regulations may be adopted in relation . Sec. 536, R. S.
to the management of the estate and the duties of trustees, or for P.A: ded Mar
their removal from office, in accordance with the rules or discipline 9.ja. º
governing the church or denomination to which such society or 5%, ’ 5
Congregation may belong, not inconsistent with the Constitution of
the United States and the laws in force in the District.
SEC. 19. At the expiration of the term of service of any of the trus: , Siºcessº i º:
tees, one or more successors may be elected or appointed, as provided "****
in section five hundred and thirty-four, and a certificate of their Sec, 537, R. S.
appointment or election shall be made, verified, filed, and recorded D.* ded M
re o º t * - * - irfivr- IY),621) CleC |al'.
as provided in section five hundred and thirty-five. 2, 1883, 22 Stat.,
- 529.
SEC. 20. A failure to elect or appoint trustees at the proper time Failureto choose
shall not work a dissolution of the society or congregation; but the trustees.
trustees last Glected or appointed shall be considered as in Office until Sec. 538, R. S.
another election or appointment shall take place. D. C.
SEC. 21. Such trustees and their successors shall have perpetual Corporate pow-
Succession and existence, and shall be capable in law to Sue and be *
sued, implead and be impleaded, answered and be answered unto, Sec. 539, R. S.
defend and be defended, in all courts of law or equity whatsoever, D. C.
in and by the name and style assumed as provided in section five
hundred and thirty-four.
124 CHAPTER xv.–CORPORATION S.
Title to real es- SEC. 22. The title to land authorized to be purchased, and to the
tate buildings and improvements thereon, shall be vested in the trustees
sec. 540, R. s. by their assumed name, and their successors forever ; and the same
tº - shall be held for the uses and purposes named and no other.
Trustees, powers SEC. 23. The trustees shall have power, under the direction of the
3 gºes as to society or congregation or the authority by whom they were elected
sale of lands. or appointed, to sell and execute deeds and conveyances of the prop-
Sec. 541, R. S. erty authorized to be held by the Society or congregation; and such
. C. deeds or conveyances shall have the same effect as like deeds or con-
, Aºnded Mar veyances made by natural i. ; but no deed or conveyance shall
3, *. 520, be made so as to defeat or destroy the interest or effect of any grant,
Šup.'s ed., donation, or bequest, and all grants, donations and bequests shall
408. # be appropriated and used as directed by the person making the same.
Trustees, powers SEC. 24. The trustees shall have power, under the direction of the
tº mortgaging society or congregation or the authority by whom they were elected
sº. --- ***.*, 3 e Or appointed, to execute mortgages, or deeds of trust in the nature of
Sec. 542, R. S. mortgages, upon the estate and property which any society or congre-
D.* dea war gation are authorized tº hold ºr to lease the same for a term not
3, 1883. exceeding ten years. And such mortgages, deeds, and conveyances
33 stat., 529, shall have the same effect and be enforced by the same remedies and
sup. R.S., 2 ed., proceedings as like mortgages, deeds, leases, and conveyances made
408. by natural persons. (See §454, R. S. D. C., “Real Estate,” post.].
Reversion of SEC. 25. Upon the dissolution of any society or congregation, the
P*P*Y; When estate and property of such society or congregation shall revert back
Sec. 543, R. S. to the persons, their heirs and assigns, who may have given or con-
. C. tributed to the purchase of or payment for the same, according to
their respective rights.
Private schools SEC. 26. The provisions of the eleven preceding sections are
for religious Pur intended to extend to members of societies formed to establish and
poses. maintain private Schools for religious purposes, but shall not be
Sec. 544, R. S. construed as conferring privileges or any benefits to such societies
. C. under the school-laws of the District.
CLASS 3.
socFETIES, BENEVOLENT, EDUCATIONAL, ETC.
Existing corpo- SEC. 27. That any corporation heretofore formed under sections
rations, may avail five hundred and forty-five to five hundred and fifty-two, inclusive,"
themselves ºf Pºº of the Revised Statutés of the United States relating to the District
visions of act, etc. º - e ºf e - tº º ****s
ð... . of Columbia may avail itself of the provisions of this act by comply-
serves right to al- ing with its requirements, and those that this act is intended to
ter or abolish amend; but the right to repeal this act, and to alter, amend, or
charters. abolish any charter of incorporation granted under it, is expressly
Sup. R.S., 2 ed., reserved to Congress.
426. Apr. 23, 1884. 23 Stat., 13. 'Secs. 27–34 of this chapter.
Benevºlent, ed- SEC. 28. Amy three or more persons of full age, citizens of the
º, e; ... United States, a majority of whom shall be citizens of the District,
formed. ” who desire to associate themselves for benevolent, charitable, educa-
º, ºr -z, tional, literary, musical, scientific, religious, or missionary purposes,
§§º. 549, R. S. including societies formed for mutual improvement, or for the promo-
*śn. R.S., 2 ed., tion of the arts, may make, sign and acknowledge, before any officer
425, authorized to take acknowledgement of deeds in the District and file
Amended Apr. in the office of the recorder of deeds, to be recorded by him, a cer-
23, 1884. tificate in writing in which shall be stated— :
“First. The name or title by which such society shall be known
23 Stat., 13.
. in law.
CHAPTER XV,-CORPORATIONS.
125
“Second. The term for which it is organized. .
“Third. The particular business and objects of the society.
“Fourth. The number of its trustees, directors, or managers for
the first year of its existence.” - *
SEC, 29. “Upon filing their certificate the persons who shall have
signed and acknowledged the same, and their associates and successors,
shall be a body politic and corporate, 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
Corporate pow.
€1’S.
pleasure, and may make by-laws and elect officers and agents, and
may take, receive, hold, and convey real and personal estate neces-
sary 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: Provided, D
however, That this section shall not be construed to exempt any
Fº from taxation in addition to that now specifically exempted
by law.”
SEC. 30. Such incorporated society may elect its trustees, directors,
or managers at Such time and place and in such manner as 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 D
be a quorum for the transaction of business; and whenever any
vacancy shall happen in such board of trustees, directors, or rnama-
gers, the vacancies shall be filled in such manner as shall be pro-
vided by the by-laws of the society.
SEC. 31. 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, re-incorporate themselves, or continue their existing corpo-
rate powers under this chapter, 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
re-incorporated or continued. g
SEC. 32. Any property of the corporation may be leased, encum-
bered by mortgage or deed of trust in the nature of a mortgage, or
sold and conveyed absolutely, when authorized by a vote of a major-
ity of the shares of stock of the corporation, or by a vote of a major-
ity of the directors, managers, or trustees of the corporation, at a
meeting called for the purpose, and the proceedings of which meet-
ing 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. 33. When any real estate shall have been devised or given to
any such corporation for any specified benevolent purpose, and
where, by a vote of three-fourths of the stock held by the stock-
holders, or three-fourths of the corporators, if no shares of stock
have been created, at a meeting called for the purpose, of which
such stockholders or corporators or members shall have at least ten
days’ notice, the corporation shall determine to surrender their cor-
porate powers and cease to act under the same, said real and per-
sonal estate so acquired shall be sold at public auction, proper notice
of the time and place of sale having been given, and the proceeds
of the sale equitably distributed among the stockholders or corpo-
rators, or disposed of for the promotion and advancement of the
objects for which such corporation was originally Organized.*
Proviso.
Sec. 546, R. S.
C
Sup. R. S., 2 ed.,
426.
Apr. 23, 1884.
23 Stat., 13.
Election of Offi-
cers ; vacancies,
how filled.
Sec. 547, R. S.
C
Süp. R. S., 2 ed.,
26
Amended Apr.
23, 1884.
23 Stat., 13.
Re-organization
of existing socie-
ties.
Sec. 548, R. S.
D. C. -
Sale of real es-
tate, etc.
Substitute for
Sec. 549, R. S. D. C.
Sup. R. S., 2 ed.,
426.
Apr. 23, 1884.
23 Stat., 13.
Surren der of
corporate powers.
* Sec. 551, R. S. D. C., was repealed April 23, 1884. 23 Stat., 13 Sup. R.S., 2 ed., p. 426, Sec. 2.
Sec. 550, R. S.
D. C.
126 CHAPTER XV.-CORPORATIONS.
Not to use any SEC. 34. The provisions of this chapter shall not extend or apply
ºne previously to any association or individual who shall, in the certificate filed with
adopted. the recorder of deeds, use or specify a name or style the same as that
tº sº, R. S. of any previously existing incorporated body in the District.
Board of . For- SEC. 35. The Board of Foreign Missions of the Methodist Protestant
iii. * º: Church, which is incorporated by the laws of Pennsylvania, is hereby
.*.*... empowered to hold real and personal property in the District of Col.
powered to hold umbia, acquired, or that shall be acquired, by gift, purchase, devise,
property in Dis- or bequest, and the same enjoy, or convey at pleasure as freely as
triºt of Columbia, any person or body corporate can do: Provided, That only so much
fººtion as to real estate may be held by the said Board of Foreign Missions as may
real estate. be necessary for the proper transaction of its legitimate business, not
º to exceed an assessed value of fifty thousand dollars.
Aug. 4, 1886. -
24 Stat., 218.
CLASS 4.
* MANUFACTURING, AGRICULTURAL, MINING, MECHANICAL, INSUR-
ANCE, MERCANTILE, TRANSPORTATION, MARKET, AND SAVINGS-
BANK CORPORATIONS.
Companies, how , SEC. 36. Any three or more persons who desire to form a company
formed. for the purpose of carrying on any kind of manufacturing, agricul-
Sec. 553, R. S. tural, mining, mechanical, insurance, mercantile, transportation,
. C. telephone, or marketing business, in the District, or Savings bank
sºded * therein, may make, sign, and acknowledge, before some officer.com:
*śt., ch. 29, petent to take the acknowledgment of deeds, and file in the Office of
321. 3. recorder of deeds, a certificate in writing, in which shall be stated.
2 Cranch, Ct. First. The corporate name of the company and the object for
§ º º, which it is formed. tº * - * -
§. * * * Second. The term of its existence, not exceeding twenty years,
i`Amended May except in case of corporations formed only for the purpose of life-
17, 1882, 22 Stat- insurance, or for the purpose of insuring titles to real estate.' .
utes, 67. 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 opera-
tions of the company are to be carried on. *
Coºp a nies SEC. 37. That any company heretofore formed, agreeably to the
fº.º.º.o.º. aforesaid section of the said Revised Statutes, for the purpose of
*...*.* * insuring titles to real estate may become perpetual on filing in th
estate, may be- s C y e perpetua ſing in the
come perpetuai, office of the recorder of deeds of the District of Columbia a certifi-
Ct.C. cate to that effect in like manner as is provided by law for the filing
R.s. D. c. 555, of the original certificate of incorporation.
p. 67, amended May 17, 1882. 22 Stat., 67.
Corporate pow- SEC. 38. When the certificates shall have been filed, in accordance
Gl’S. with the provisions of the preceding section, the persons who shall
Sec. 554, R. S. have signed and acknowledged the same, and their successors, shall
D. C. be a body politic and corporate in fact and in name, by the name
stated 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 con-
veying any real or personal estate whatever which may be necessary
to enable the company to carry On its Operations named in such
certificate, but shall not mortgage such estate, or give any lien
thereon, except in pursuance of a vote of the stockholders of the
COmpany. -
CHAPTER xv.–CORPORATIONS. j 27
SEC. 39. The stock, property, and concerns of such company shall Trustees.
be managed by not less than three or more than fifteen [nine] trustees, s. sº. E. s.
who shall, respectively, be stockholders, and a majority citizens of D. C.’ ” ”
the District, and shall, except the first year, be annually elected by Amended Feb.
the stockholders, at such time and place as shall be determined by 15, 1889.
the by-laws of the company. p º *:*1.
2 ed., 644, 5 May, 1870, c. 80, s. 4, v.16, 102.
SEC. 40. Public notice of the time and place of holding such elec- ... Mode of elec-
tion shall be published not less than thirty days previous thereto, tion of trustees:
in the newspaper printed nearest to the place where the Operations Sec. 556, R. S.
of the company shall be carried on, and the election shall be made D. C.
by such of the stockholders as shall attend for that purpose, either º º i
in Fº or by proxy. All the elections shall be by ballot, and º..”.
each stockholder shall be entitled to as many votes as he owns van Ness, 2.
shares of stock in the company, and the persons receiving the Cranch Ct. Rep.,
greatest number of votes shall be trustees: and when any vacancy 449; Rockville Co-
shall happen among the trustees, it shall be filled for the remainder *Y**
of the year in such manner as may be provided by the by-laws of -
the company.
SEC. 41. In case it shall happen at any time that an election of . Nonelection of
trustees shall not be made on the day designated by the by-laws of º not to dis-
said company, when it ought to have been made, the company for ****
that reason shall not be dissolved, but it shall be lawful on any . Sec. 557, R. S.
other day to hold an election for trustees, in such manner as shall P. 9.
be provided by the by-laws, and all acts of trustees shall be valid
º ºding as against said company until their successors shall be
elected.
SEC. 42. There shall be a president of the company; who shall be . Officers, how
designated from the trustees, and also such subordinate officers, tº: ºd
who may be elected or appointed, and required to give security for ***:
the faithful performance of the duties of their office, as the com- Sec. 558, R. S.
pany by its by-laws may require. D. C.
SEC. 43. The trustees shall have power to make such prudential By-laws.
by-laws as they deem proper for the management and disposal of T sec. 559, R.T.s.
the stock and business affairs of such company, not inconsistent D. C.
with the laws of the District and the Constitution of the United
States, and prescribing the duties of officers, artificers, and servants
that may be employed, for the appointment of all officers, and for
carrying on all kinds of business within the objects and purposes of
such company.
SEC. 44. It shall be lawful for the trustees to call in and demand Forfeiture for
from the stockholders all such sums of money by them subscribed, º' º Of
at such times and in such installments as the trustees shall deem *
proper, under the penalty of forfeiting the shares of stock subscribed Sec. 560, R. S.
for and all previous payment made thereon, if payment shall not be P-9.
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. 45. The stock of such company shall be deemed personal Stock, personal
estate, and shall be transferable in such manner as shall be pre- estate; transfers.
Scribed by the by-laws of the company; but no shares shall be trans- Sec. 561, R. S.
ferable until all previous calls thereon shall have been fully paid in, D.C.
Or shall have been declared forfeited for non-payment.
...”
SEC, 46. All the stockholders of every company incorporated under ... Liability of
this chapter shall be severally individually liable to the creditors of stockholders.
I 28 g CHAPTER XV.-CORPORATIONS.
...Sec. 562, R. S. the company in which they are stockholders, to an amount equal to .
ID. C. the amount of stock held by them respectively, for all debts and con-
tracts 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. . - -
Certificate of SEC. 47. The president and a majority of the trustees, within thirty
#. "...i days after the payment of the last installment of the capital stock
of same. ' so fixed and limited, shall make a certificate stating the amount of
* ~ - tº the capital so fixed and paid in, which certificate shall be signed and
pº 568, R. S. 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.
When capital SEC. 48. The capital stock so fixed and limited shall be paid in,
º *P** in one-half within one year, and the other half thereof within two
e years from the incorporation of the company, or such corporation
Sec. 564, R. S. shall be dissolved.
D.C. 21 Wash. Law Rep.,600, Ambler vs. Archer.
Money only to SEC. 49. Nothing but money shall be considered as payment of
be payment for - - -, * • I-
capital stock. any part of the capital stock.
Sec. 565, R. S. D. C. 21 Wash. Law Rep., 600, Ambler vs. Archer.
Annual report SEC. 50. Every such company shall annually, within twenty days
of company. from the first of January, make a report, which shall be published
Sec. 566, R. S. in a newspaper in the District, which shall state the amount of capi-
D. C. ' tal 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 filed in the office of the recorder of
deeds of the District.
Liability of trus- SEC. 51. If any company fails to comply with the provisions of
i.e., fo.ºire to the preceding section, all the trustees of such company shall be
make report. jointly and severally liable for the debts of the company then exist-
Sec. 567, R. S. ing, and for all that shall be contracted before such report shall be
D. C. made.
Penalty formak- SEC. 52. If any certificate or report made, or public notice given,
ing false certifi by the officers of any company in pursuance of the provisions of this
-Cate. chapter shall be false in any material representation, all the officers
Sec. 568, R. S. who shall have signed the same, knowing it to be false, shall be
. C jointly and severally liable for all the debts of the company con-
tracted while they are stockholders or officers thereof.
Funds not to be SEC. 53. It shall not be lawful for any company to use any of their
invested in sº funds in the purchase of any stock in any other corporation.
of other compa-
nies.
Sec. 569, R. S. D. C. 21 Wash. Law Rep., 600, Ambler vs. Archer.
Loans to stock- SEC. 54. No loan of money shall be made by any company to any
º ºb- stockholder therein; and if any such loan shall be made to a stock-
* * holder, the officers who shall ſhake it, or who shall assent thereto,
Sec. 570, R. S. shall be jointly and severally liable to the extent of such loan and
. C. - interest, for all the debts of the company contracted while they are
stockholders or officers thereof.
Liability for un- SEC. 55. If the trustees of any company shall declare and pay any
lawful dividends, dividend the payment of which would render it insolvent, or which
Sec. 571, R. S. would diminish the amount of its capital stock, they shall be jointly
. C.
CHAPTER xv.–CORPORATIONS. -
129
and severally liable for all the debts of the Company then existing,
and for all that shall be hereafter contracted. while they shall
respectively remain in office.
SEC. 56. If any one of the trustees shall object to declaring such
dividend, 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. 57. If the indebtedness of any company shall at any time
exceed the amount of its capital stock, the trustees of such company
assenting thereto shall be personally and individually liable for such
excess to the creditors of }. Company.
SEC. 58. The stockholders of any company organized under the
provisions of this chapter shall jointly, severally, and individually
be liable for all debts that may be due and owing to all their laborers,
servants, and apprentices, for services performed for such corpora-
tion, and shall be individually liable for all debts of said corporation
to the amount of the stock of each stockholder. -
SEC. 59. No stockholder shall be personally liable for the payment
of any debt contracted by any such company which is not paid within
One year from the time the debt becomes due, unless a suit for the
collection of such debt shall be brought against the company within
One year after the debt became due ; and no suit shall be brought
against any stockholder who shall cease to be a stockholder in any
such company, for any debt contracted by the company, unless the
same shall be commenced within two years from the time he shall
have ceased to be a stockholder, nor until an execution against the
company shall have been returned unsatisfied in whole or in part.
SEC. 60. No person holding stock in such company as executor,
administrator, guardian, or trustee, shall be personally subject to
any liability as stockholder of such company, but the estate and
funds in the hands of such executor, administrator, guardian, or
trustee, shall be liable in like manner and to the same extent as the
testator or intestate, or the ward or 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. 61. Every such executor, 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. 62. No person holding stock in such company as collateral
security shall be personally subject to any liability as stockholder
of such company, but the person pledging such stock shall be con-
sidered as holding the same, and shall be liable as a stockholder
accordingly; and every person who shall pledge his stock as collat-
eral security may, nevertheless, represent the same at all meetings,
and vote as a stockholder.
SEC. 63. It shall be the duty of the trustees of every corporation
formed under this chapter to cause a book to be kept by the treasurer
or secretary thereof, containing the names of all persons, alphabet-
Trustees filing
objections to divi-
dends declared,
etc., relieved.
Sec. 572, R. S.
D. C.
When indebted-
ness exceeds capi-
tal Stock ; liabil-
ity.
Sec. 573, R. S.
D. C.
Personal liabil-
ity of stockhold-
ers for debt.
Sec. 574, R. S.
D. C.
Limitation of li-
ability of stock-
holders for debts. .
sec. 575, R. S.
D. C.
Executors, etc.,
of stockholders
not personally lia-
ble.
Sec. 576, R. S.
D. C.
Representation
of stock held by
executors, etc.
Sec. 57, R. S.
D. C.
Holders of stock
as collateral not
Subject to liability
of stockholders.
Sec. 578, R. S.
. C.
Stock book to
be kept.
Sec. 579, R. s.
ically arranged, who are or shall within six years have been stock- D. C
holders of such company, and showing their place of residence, the
9 C S
130
CHAPTER xv.–CORPORATIONS. ...”
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.
Stock book to be
Open to inspection.
Sec. 580, R. S.
D. C.
Transfers of
stock not valid
unless recorded.
Sec. 581, R. S.
D. C. .
Stock book to be
presumptive evi-
dence.
Sec. 582, R. S.
D. C.
Penalty for neg-
lect of Officers.
Sec. 583, R. S.
D. C.
Additional pen- .
alty of company
for neglect to keep
stock book open.
Sec. 584, R. S.
D. C.
Companies may
increase or dimin-
ish capital stock.
Sec. 585, R. S.
D. C.
SEC. 64. Such book shall, during the usual business-hours of the
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
stockholdier, creditor, or representative shall have a right to make
extracts from such books.
SEC. 65. No transfer of stock shall be valid for any purposes what-
SOever, except to render the person to whom it shall be transferred
liable for the debts of the company, according to the provisions of
this chapter, until it shall have been entered, as required by section
five hundred and seventy-nine, by an entry showing to and from
whom transferred. & e º
Sec. 66. Such book shall be presumptive evidence of the facts
therein stated in favor of the plaintiff in any suit or proceeding
against such company, or against any one or more stockholders.
SEC, 67. 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 to allow the same to be inspected and extracts to
be taken therefrom, as herein provided, shall be deemed guilty of a mis-
demeanor, 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. 68. Every company that shall neglect to keep such book open
for inspection, as provided in section five hundred and eighty, 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 name of the
people, in the Supreme court of the District, and when so recovered
the amount shall be paid into the treasury of the District, for the
use thereof. -
SEC. 69. Any existing corporation heretofore formed in the District
for any of the purposes mentioned in section five hundred and fifty-
three, or any company which may be formed under this chapter,
may increase or diminish its capital stock, by complying with the
provisions of this chapter, to any amount which may be deemed
sufficient and proper for the purposes of the corporation, and may
When not to be
diminished.
Sec. 586, R. S.
D. C. -
Reorganization
of existing Com-
panles.
Sec. 587, R. S.
D. C.,
also extend its business to other manufacturing, mining, or mechan-
ical business, subject to the provisions and liabilities of this chapter.
SEC. 70. 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. 71. Any existing company heretofore formed may come under
and avail itself of the privileges and provisions of this chapter by
complying with the following provisions, and thereupon such com-
pany, its officers and stockholders, shall be subject to all the restric- .
tions, duties, and liabilities of this chapter. [See section 37 of this chapter.]
CHAPTER XV.-CORPORATIONS.
13 ||
SEC. 72. Whenever any company shall desire to call a meeting of
the stockholders for the purpose of availing itself of the privileges
of this chapter, or for increasing or diminishing the amount of its
capital stock, or for extending or changing its business, it shall be D
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 suc-
cessive 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. 73. 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 in person or by proxy.
SEC. 74. If, on canvassing the votes, it shall appear that a suffi-
cient number of votes are in favor of increasing or diminishing the
amount of capital, or extending or changing the business of the
company, or for availing itself of the privileges and provisions of
this chapter, a certificate of the proceedings, showing a compliance
with the provisions of this chapter, 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 stock 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. 75. Such certificate shall be acknowledged by the chairman,
and filed as required by section five hundred and fifty-three, and
when so filed 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 P
be entitled to the privileges and provisions and be subject to the
liabilities of this chapter.
SEC. 76. 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,
or to enable a company to avail itself of the provisions of this chapter.
SEC. 77. A copy of any certificate of incorporation filed in pursu-
ance of this chapter, certified by the recorder of deeds to be a true
copy and of the whole of such certificate, shall be received in all
courts and places as presumptive legal evidence of the facts therein
stated.
CLASS 5.
CEMETERY ASSOCIATIONS.
SEC. 78. 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 pow-
ers, rights, privileges, liabilities, and immunities incident to corpor-
ations, and may have a common Seal, and may alter or change the
same at their pleasure.
Me et in g of
stockholders.
Sec. 588, R. S.
. C. -
Organization of -
meeting of stock-
holders.
Sec. 589, R. S.
D. C.
Proceedings at
meetings of stock-
holders, to extend
or change, etc., to
be verified.
Sec. 590, R. s.
D. C.
When change.
shall be deemed
made.
sec. 591, R. S.
. C.
When vote suffi-
cient.
sec. 592, R. S.
D. C.
Certified copy of
certificate to be:
evidence.
Sec. 593, R. S.
D. C.
Formati O n of
aSSOCiation ; COr–
porate power.
Sec. 594, R. S.
. C.
D
132
CHAPTER xv.–CORPORATIONS.
May a c quire
land, how.
Sec. 595, R. S.
D. C.
Survey plat and
record.
Sec. 596, R. S.
D. C.
General powers
of association.
Sec. 596, R. S.
D. C.
Proceeds of sale
of lots.
Sec. 598, R. S.
~t
Officers, how
chosen.
Sec. 599, R. S.
D. C.
First election.
Sec. 600, R. S.
D. C. -
SEC. 79. 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 con-
Venient 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. [See § 1187.]
SEC. 80. 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 recorder of deeds of the District.
Each lot shall be duly numbered by the surveyor, and such number
shall be marked on the plat and recorded.
SEC. 81. Such association shall have power to inclose and orna-
ment 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, conven-
iences, and benefit of a public and private cemetery may be obtained.
SEC, 82. The proceeds arising from the sale of lots, after deduct-
ing 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 chapter.
SEC. 83. The Officers of any such corporation shall be a president,
a treasurer, who shall act as secretary, and three directors, who
shall be severally chosen annually by ballot, and shall hold office
until their successors are chosen. Any neglect to choose officers on
the day fixed upon for that purpose shall not operate as a forfeiture
of the act of incorporation, in accordance with the provisions of this
chapter. -
SEC. 84. The first election of officers by the persons associating,
according to and for the purpose specified in section five hundred-
and ninety-four shall be at the time and place designated and agreed
upon by a majority of the persons so associating themselves together,’
Subsequent
'election, who may
vote.
sec. 601, R. S.
D. C.
By-laws.
sec. 602, R. S.
D. C.
Exemptions.
Sec. 603, R. S.
D. C.
and no other than such persons shall,vote at such election.
SEC. 85. At each subsequent election of officers of any such corpo-
ration 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 corpo-
ration.
SEC. 86. Each corporation shall have power to establish 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. 87. The property of any such corporation, its grounds, lots,
and appliances, shall be exempt from taxation and shall not beliable
to sale on execution. [See chapter on “Taxes,” post.]
SEC. S8. Any person desiring to dedicate any lot of 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 or recorded, convey such land to the District of
Columbia, by the corporate name of said District of Columbia, speci-
fying in such deed the Society, association, or neighborhood for the
use of which the dedication is desired to be made, and thereby 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. * .
Dedication of
land for burial-
ground.
Sec. 604, R. S.
D. C.
* For penalty for injury to cemeteries see sec. 1187 R. S. D. C. ; see title “Crimes and Offenses.”
CHAPTER xv.–CORPORATIONS.
133
CLASS 6.
HOARDS OF TRADE,
SEC. 89. Any number of persons, not less 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 fit, and adopt a name, consti-
tution, and by-laws, such as they may agree upon. .
SEC. 90. Such persons shall thereupon become a body corporate
and Fº in fact and in name, by the name and style, or title,
which they may have adopted, and by that name Šhall have succes-
sion, 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 and equity, and they and their successors shall
have a common seal, and may alter and change the same at their
discretion. g -
SEC. 91. Such corporation, by the name and style which shall be
adopted, shall be capable in law of purchasing, holding, and Con-
veying any estate, real or personal, for the use of the corporation
not exceeding in quantity one city, town, or village lot and building D. C
in the District.
SEC. 92. The president, vice-president, secretary, and treasurer
shall be ex-officio members of the board of directors, and, together
with the directors elected. shall manage the business of the corpo-
ration.
SEC. 93. All officers shall be elected by a plurality of votes given
at any election, and a general election of officers shall be held at least
once in each year; but 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. 94. The officers shall hold their offices 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. 95. Such corporation shall have the right to admit as mem-
bers 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-laws of the corporation ; and in all cases the consti-
tution 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. 96. Such corporation may inflict fines upon any of its mem-
bers, and collect the same, for breach of the provisions of the con-
stitution 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 any justice of the peace, against
the person upon whom the fine shall have been imposed.
SEC. 97. The award of , any general committee of reference
appointed by said corporation upon any matter of difference, Sub-
Board, how
formed.
Sec. 605, R. S.
D. C.
Corporate pow-
€1’S.
D
Sec. 606, R. S.
. C.
May hold real
estate; limit.
Sec. 607, R. S.
Board of direct-
OI’S.
Sec. 608, R. s.
D. C.
Election of Offi-
Cel’S.
Sec. 609, R. S.
D. C.
Tenure of Office.
Sec. 610, R. S.
D. C.
Rules and regu-
lations.
Sec. 611, R. S.
D. C.
Fines.
Sec. 612, R. S.
D. C.
Arbitration.
Sec. 613, R. S.
mitted to such committee for arbitration in writing, with or without D. C.
134
CHAPTER XV —CORPORATIONS.
Award.
Sec. 614, R. S.
D. C.
Sub mission -
bond not required;
notice.
Sec. 615, R. s.
D. C.
Power of com-
mittee of reference
to issue subpoenas,
Sec. 616, R. S.
D.C.
Restriction upon
carrying on busi-
IAGSS.
Sec. 617, R. S.
D. C.
Railroad compa-
nies how formed.
Sec. 618, R. S.
D. C.
Articles of asso-
ciation to be re-
corded.
Corporate pow-
€I’S.
Sec. 619, R. S.
D. C.
seal, by any member of the corporation or by any other person, shall
have the same force and effect as if the same had been submitted to
the arbitration of the members of said committee of reference, by
their individual names by deed of Submission. * •
SEC. 98. Any such award may be filed and made a rule of court,
and judgment entered thereon and execution issued in the same man-
ner and under the same rules and regulations that other awaads may
be entered, under and by virtue of the laws in force in the District.
SEC. 99. No submission or arbitration bond shall be required to be
filed with such awards; but four days' notice of the filing of such
lº shall be given to the opposite party of the party filing the
3, Wal'Cl.
SEC. 100. A committee of reference, when sitting as arbitrators,
shall have the right to issue subpoenas and compel the attendance of
witnesses by attachment, the same as justices of the peace.
SEC, 101. Such corporation shall have no power or authority to do
or carry on any business excepting such as is usual in management
and conduct of boards of trade or chambers of commerce, and is pro-
vided for in the preceding sections of this chapter.
CLASS 7.
RAILROAD COMPANIES.
SEC. 102. Any number of persons, not less than seven, being sub-
scribers to the stock of any contemplated railroad, may be formed
into a corporation for the purpose of constructing, Owning, and main-
taining such railroad, by complying with the following require-
ments, namely : -
First. Whenever stock to the amount of at least fifty thousand
dollars shall have been subscribed, and five per cent. upon such sub-
scription shall actually have been paid in, the subscribers to such
stock shall elect directors for the company from among their own
number, and shall severally subscribe articles of association in which
shall be set forth—
First. The name of the corporation ;
Second. The amount of the capital stock of the company :
Third. The number of shares of which said stock shall consist ;
Fourth. The number of directors to manage the affairs of the com-
pany, and their names;
Fifth. The point or place from which the proposed railroad is to
be constructed, and its length, as near as may be.
Second. Each subscriber to such articles of association shall state
his place of residence, and the number of shares taken by him in
Such company.
Third. The articles of association shall be filed in the clerk’s office
of the recorder of deeds of the District, and be recorded in a book
kept for that purpose. y 2.
SEC. 103. Upon filing the articles of association in accordance with
the provisions of the preceding section, the persons who shall have
subscribed the same, and all persons who shall from time to time
become stockholders in such company, and their successors, shall be
a body politic and corporate, in perpetuity, by the name stated in
such articles of association, and shall be capable of suing and being
CHAPTER xv.–CORPORATIONS. - 135
sued, and may have a common Seal, and may make and alter the
same at pleasure, and shall be capable in law of purchasing, holding,
and conveying any real or personal property whatever necessary for
the construction of such road, and for the erection of all necessary
buildings and yards and appurtenances for the use of the same.
SEC, 104. A copy of any articles of association filed in pursuance ...Gertified copy of
of section six hundred and eighteen, and certified to be a copy by i.e. º, *::::::
the recorder of deeds, shall, in all courts and places, be prima-facie prima
* & tº e facie evidence.
evidence of the incorporation of such company and of the facts stated
therein. f - pñº. 620, R. S.
SEC. 105. The directors named in section six hundred and eighteen, . Subscription
shall open books for subscription to the capital stock of the company ºf to be
at such times and in such places as a majority of them may direct, Opened. -
thirty days' notice of which shall be given by publication in some Sec. 621, R. S.
daily paper published in the District. D. C.,
SEC. 106. In case a greater amount of stock shall be subscribed . Allotment of
than the whole capital stock required by the company, the directors “”
shall distribute the capital stock so subscribed as equally as possible Sec. 622, R. S.
among the subscribers; but no share shall be divided in making D. C -
such distribution, nor shall a greater number of shares be allotted
to any one subscriber than subscribed for by him.
SEC. 107. There shall be an annual meeting of the stockholders at Stockholders'
the office of the company for the election of directors to serve for the annual meeting.
ensuing year, notice of which shall be given by the directors chosen sec. 623, R. S.
as provided in section six hundred and eighteen, for the first annual D. C.
election, and afterward by their successors in office, which notice
shall be published not less than twenty days previous thereto, in a
newspaper published in the city of Washington. -
SEC. 108. Three judges of election shall be chosen by the board of Duties of judges
directors previous to any such annual meeting, who shall be stock- of election.
holders, but not directors, at the time of the election, whose duty it sec. 624, R. S.
shall be to receive the votes of the stockholders at such election for D. C. -
directors, and to openly count the votes and declare the result.
SEC. 109. The judges of electionshall furnish the directors elected Their, certifi-
at such meeting of stockholders with a certificate of their election, ºe its author-
which certificate shall be evidence of their authority to act as such ity.
directors. * * pº 625. R. S.
SEC. 110. There shall be not less than seven nor more than thirteen , Directors; num-
directors. , No person shall be a director unless he shall be a stock-jº.
holder and qualified to vote for directors at the election at which he ****
shall be chosen. The directors shall hold their Öffices one year, and Sec. 626, R. S.
until others are elected and qualified. D. C.
SEC. 111. Directors shall be chosen at the annual meeting of stock- , Directors, how
holders by ballot, and by a majority of the votes of the stockholders chosen.
present, in person or by proxy; and every such stockholder being SO Sec. 627, R. S.
present at any election of directors, shall be entitled to give One vote D. C.
for every share of stock which he may have owned for ten days next
preceding such election ; but no stockholder shall vote at any such
ºion upon any stock except such as he shall have owned for ten
Clays.
136 CHAPTER XV, -CORPORATIONS.
.Nonelection of SEC. 112. In case it shall happen at any time that an election of
...; * * * directors shall not be made on the day designated by the by-laws of
emedied. - 8–5 - r
the company when it ought to have been made, the company for that
Sec. 628, R. S. reason shall not be dissolved if within ninety days thereafter they
. C. shall hold an election for directors in such manner as the by-laws of
the company shall provide.
Stockholders' SEC. 113. Meetings of the stockholders may be called at any time
special mºtings: during the interval between the annual meetings by the directors,
how called. or by the stockholders owning not less than one-fourth of the stock,
Sec. 629, R. S. by giving thirty days’ public notice of the time and place of the
D. C. meeting.
Proceedings; SEC. 114. When any such meeting is called by the stockholders,
º 9; the particular object of the meeting shall be stated in the notice,
.**** and, if at any meeting thus called a majority in value of the stock.
2Ulngs. holders are not represented in person or by proxy, such meeting
pº 630, R. S. shall be adjourned from day to day, not exceeding three days, with-
. C. out transacting any business, and if within such three days stock-
holders having a majority of the stock do not attend, the meeting
shall be dissolved.
By-laws. SEC. 115. The directors shall have power to make by-laws for the
Sec. 631. R.T.s, management and disposition of stock, property, and business affairs
3 of such company, and prescribing the duties of the officers, artifi-
cers, and servants that may be employed, and for the appointment
of all the officers for carrying on all the business within the object
and purposes of the company.
. C.
Officers; how SEC. 116. There shall be a president of the company, who shall be
chosen. chosen by and from the directors, and also such subordinate officers as
Sec. 632, R. S. the company by-laws may designate, who may be elected or appointed,
e Mº-º' - and required to give such security for the faithful performance of the
duties of their offices as the company by its by-laws may require ;
but nothing contained in this section shall be so construed as to pre-
vent the stockholders from removing a president in the manner
prescribed in the following section.
Removal of SEC. 117. At all general meetings of the stockholders of any such
president. company, a majority in value of such stockholders may remove any
Sec. 633, R. S. president or any director, and elect others in their stead; but notice
|O, C. of such intended removal shall have been given as required in sec-
º six hundred and twenty-three and six hundred and twenty-
eight.
Annual state - SEC. 118. At each regular meeting of the stockholders of any such
* * * corporation it shall be the duty of the president and directors, in
Sec. 634, R. S. office for the preceding year, to exhibit a clear and distinct state-
D.C. ment of the affairs of the company.
May be called SEC. 119. At any meeting of the stockholders a majority of those
tº at any meet present, in person or by proxy, may require similar statements from
Ing. the directors, whose duty it shall be to furnish them when required.
- y -
-- Sec. 635, R. S.
D. C.
Stock, personal SEC. 120. The stock of such company shall be deemed personal
state; how trans- estate, and shall be transferable only on the books of the company;
ferred. but no shares shall be transferable until all previous calls thereon
Sec. 636. R. S. shall have been fully paid, or the shares shall have been forfeited
. C. for the non-payment of calls thereon.
CHAPTER xv.–CORPORATIONS. 137
SEC. 121. It shall be lawful for the directors to call in and demand Subscriptions to
from the stockholders, respectively, any sums of money by them took ; how called
subscribed, in such payments or installments as the directors shall ":
deem proper, under the penalty of forfeiting the shares of stock Sec. 637, R. S.
subscribed for, and all previous payments made thereon, if pay- P.
ment shall not be made by the stockholder within thirty days after
personal demand or notice requiring such payment ; but subscriptions
shall not be required to be paid except in equal installments of not
more than ten per centum per month.
SEC. 122. The president and a majority of the directors, within Certificate of
thirty days after the payment of the last installment of the capital º: ; capital
stock as fixed and limited by the company, shall make a certificate ...” “
stating the amount of capital stock Sofixedand paidin, which certificate —
shall be signed by the president and a majority of the directors, and r, Sº. 888, R. S.
sworn to by the president and secretary ; and they shall, within “”
the said thirty days, file and record the same in the Office of the
recorder of deeds of the District. -
SEC. 123. The capital stock of such companies may be increased , Increase of capi-
from time to time, if necessary, in the manner provided in the fol- tº stock. --
lowing section, to a sum equal to the cost of constructing the road, Sec. 639, R. S.
together with the right of way and motive-power, and all the appur- D. C.
tenances and expenses necessary for the complete running of the
road.
SEC. 124. Such increase may be made only by filing in the office . Increase of capi-
of the recorder of deeds a certificate stating the amount of the desired tº a stock; how
increase, and the reasons or necessity for the same, signed by the *
president and a majority of the directors, and attested by the Secre- Sec. 640, R. S.
tary and seal of such company. D. C.
SEC. 125. In no case shall the capital stock of any such company Limit, to the
be increased to a greater amount than the actual cost of building ...º. 9...)
- crease of capital
and equipping the road. stock.
Sec. 641, R. S. D. C.
SEC. 126. It shall be lawful for all companies formed and incor- Suits for install-
porated under the provisions of this chapter to sue for and collect ºf ºp-
any installment or subscription to stock due to said companies in like *
manner as other debts are now collected. pº 642, R. S.
SEC. 127. Every such corporation shall possess the general powers ... General powers,
and be subject to the liabilities and restrictions in the special powers º; * re-
following, that is to say : sº Of COI’—
First. To cause such examination and survey for the proposed rail- Surveys and en-
road to be made as may be necessary to the selection of the most advan-try.
tageous route for the railroad; and for such purpose, by their Officers,
agents, and servants, to enter upon the lands or waters of any per- -
i. subject to responsibility for all damages which they shalldo Responsibility.
Second. To receive, hold, and take such voluntary grants and dona- Grants and do-
tions of real estate, and other personal property, as shall be made to nations.
it, to aid in the construction, maintenance, and accommodation of
such railroad ; but the real estate thus received by voluntary grants How to be used.
shall be held and used for the purposes of such grants only.
Third. To purchase, and by voluntary grants and donations receive Purchase, etc.,
and take, and by its officers, engineers, and Surveyors and agents, of real estate.
enter upon, and take possession of, and hold and use all such lands
and real estate and other property as may be necessary for the con-
struction and maintenance of its railroad and stations, depots, and
138
CHAPTER xv.–CORPORATIONS.
Compensation,
Laying out and
constructing road.
Taking materi-
als.
Restoration of
roads over streets,
water courses,
etC.
Construction of
water courses and
highways.
Intersecting
with other roads.
Roads to unite.
When the sev-
eral corporations
can not agree.
Change of route,
Motive power.
Buildings, sta-
tions, etc.
F a r e s a n d
freights.
Sec. 643, R. S.
D. C.
Map and profile
of road to be filed
with recorder of
deeds.
sec. 644, r. s.
D. C. -
Alteration of
line; record of
Sal Gle.
Sec. 645, R. S.
JD. C.
other accommodations necessary to accomplish the objects for which
the corporation was created ; but not until the compensation to be
made therefor, as agreed upon by the parties, or ascertained as pre-
scribed in this chapter, shall have been paid to the Owner or owners
thereof, or deposited as hereinafter directed, unless the consent of
such owner be given to enter into possession. + * * *
Fourth. To lay out its road, not exceeding six rods wide, and to
construct the same ; and for the purpose of cuttings, embankments,
and procuring stone and gravel, may take as much more land within
the limits of its charter, in the manner hereafter provided, as may
be necessary for the proper construction and security of the road.
Fifth, To construct its road upon any street, or across any stream
of water, water-course, road, highway, railroad, or canal, so as not
to interfere with the free use of the same, which the route of its road
shall intersect, in such manner as to afford security for life and
property, but the corporation shall restore the stream or water-
course, road or highway, thus intersected, to its former state, or in
a sufficient manner not to have unnecessarily impaired its useful-
ness or injured its franchises. º
Sixth. To cross, intersect, join, and unite with any other railroad
before constructed on any point on its route, and upon the grounds
of such other railroad company, with the necessary turn-outs,
sidings, switches, and other conveniences, in furtherance of the
objects of its connections; and every company whose railroad is or
shall be hereafter intersected by any new railroad, shall unite with
the owners of such new railroad in forming such intersections and
connections, and grant the facilities aforesaid; and if the two cor-
porations cannot agree upon the amount of compensation to be
made therefor, or the points or manner of such crossings and con-
nections, the same shall be ascertained or determined by commis-
sioners, to be appointed as is provided in this chapter in respect to
taking of lands; but this section is not to affect the rights or fran-
chises heretofore granted.
Seventh. To purchase lands necessary for the use of the road or
take them; and may change the line of its road whenever a majority
of the directors shall so determine, as provided in this chapter; but
no such change shall vary the general route of the road.
Eighth. To take, transport, carry, and convey persons and prop-
erty on its railroad by the force or power of steam, of animals, or
any mechanical power, or by any combination of them, and to receive
compensation therefor." - -
Ninth. To erect and maintain all necessary and convenient build-
ings, stations, depots, and fixtures, and machinery for the accom-
modation and use of its passengers, freight, and business, and obtain
and hold the lands therefor.
Tenth. To regulate the time and manner in which passengers
and property shall be transported, and the tolls and compensation
to be paid therefor.
SEC. 128. Every such company, before constructing a part of its
road, shall make a map and profile of the route intended to be
adopted, which shall be certified by a majority of the directors, and
;P in the office of the recorder of deeds of the District, for the
inspection and examination of all parties interested.
SEC, 129. If at any time after the location of the track of such
road, in whole or in part, and the filing of the map thereof, it shall
appear to the directors of the company that the line thereof may be
improved, such directors may, from time to time, alter the line, and
cause a new map to be filed in the recorder’s Office, and may there-
upon take possession of the lands embraced in such new location
that may be required for the construction and maintenance of the
CHAPTER xv.–CORPORATIONS. <
139
road on such new line, either by agreement with the owner or by
such proceedings as are authorized under the provisions of this chap-
ter, and use the same in place of the line for which the new is sub-
sittuted.
SEC. 130. Whenever the track of such railroad shall cross a road
or highway such road or highway may be carried under or over the
track, as may be most expedient; and in all cases where an embank-
ment or cutting shall make a change in the line of such road or
highway desirable, with a view to a more easy ascent or descent,
the company may take additional lands for the construction of such
road or highway, or such new line as may be deemed requisite by
the directors. - -
SEC. 131. Unless the lands so taken shall be purchased or volun-
tarily given for the purposes mentioned in the preceding section,
compensation thereof shall be ascertained in the manner provided
in this chapter as nearly as may be, and duly made by such corpo-
ration to the owners and persons interested in such lands, and the D. C
same, when so taken and compensation made, to become part of such
intersecting road or highway, in such manner and by such terms as
the adjacent parts of such highway may be held for highway pur-
poses. g -
SEC. 132. In case any company formed under this chapter is
unable to agree for the purchaser of any real estate required for the
construction of the track, turn-outs, and water-stations, it shall have
the right to acquire the title to the same in the manner and by the
special proceedings prescribed in this chapter.
SEC. 133. Such company is authorized to enter upon any land for
the purpose of examining and surveying its railroad-line, and may
appropriate so much thereof as may be deemed necessary for its rail-
Tracks crossing
highways.
Sec. 646, R. S.
D. C.
Compensa tion
for land taken un-
der previous sec-
tion.
Sec. 647, R. S.
Right to acquire
title to lands.
Sec. 648, R. S.
D. C.
Appropriation
of lands.
Sec. 649, R. S.
road, including necessary side tracks and water-stations, materials D. C
for constructing, except timber, a right of way over adjacent lands
sufficient to enable such company to construct and repair its road,
and a right to conduct water by aqueducts, and the right of making
proper drains.
|
SEC. 134. The corporation shall forthwith deposit with the clerk
of the supreme court of the District a description of the rights and
interests intended to be appropriated, and such lands, rights, and
interests shall belong to such company, to use for the purpose
Specified, by making or tendering payment as hereinafter provided.
SEC. 135. The Corporation may, by its directors, purchase any such
lands, materials right of way, or interest of the owner of such lands;
or in case the same is owned by a person insane, or an infant, at a
price to be agreed upon by the regularly-constituted guardian or
arent of Said insane person or infant, if the same shall be appraised D
by the court, and on such agreement and approval, the owner,
guardian, or parent, as the case may be, shall convey the premises,
SO purchased, in fee-simple or otherwise, as the parties may agree, to
such railroad company ; and the deed, when made, shall be deemed
valid in law. . -
SEC. 136. If the corporation shall not agree with the owner of the
land, Or with his guardian if the owner is incapable of contracting,
touching the damages sustained by such appropriation, the corpora-
tion shall deliver to such owner or guardian a copy of the instru-
ment of appropriation.
Description of
lands to be taken
to be deposited
w it h clerk of
COUIrt.
Sec. 650, R. S.
D. C.
Purchase of
lands from owner
Or guardian.
Sec. 651, R. s.
. C.
Proceedings in
cases of appropri-
ation.
Sec. 652, R. S.
D. C.
140 CHAPTER xv.–CORPORATIONS.
. Notice by adver- SEC. 137. If the owner, or his guardian in case such owner is
tisement. When incapable of contracting, be unknown, the corporation shall publish
Sec. 653, R. S. in some newspaper in the District, to be designated by the court, for
D. C. the term of six weeks, an advertisement reciting the substance of
such instrument of appropriation.
Appointment of SEC. 138. Upon fixing such act of appropriation and delivering
*PP*_ such copy, or making such publication, the supreme court for the
Sec. 654, R. S. District, upon the application of either party, shall appoint by war-
D. C. rant three disinterested freeholders of the neighborhood on which
the land lies, to appraise the damages which the Owner of the land
may sustain by Such appropriation.
Assessm ent of SEC. 139. The appraisers shall be duly sworn, and they shall con-
damages. sider the injury which such owner may sustain by reason of such
Sec. 655, R. S. railroad, and shall forthwith return their assessment of damages to
. C. the clerk of the court, setting forth the value of the property taken,
or injury done to the property, which they assess to the owner, or
owners separately, to be by him filed and recorded.
Payment or ten- SEC. 140. The corporation shall pay to said clerk the amount
der. __ thus assessed, or tender the same to the party in whose favor the
Sec. 656, R. S. damages are awarded or assessed, and on making payment Or tender
. C. thereof, in the manner herein required, it shall be lawful for such
corporation to hold the interests in such lands or materials on said
roadway within fifty feet on each side of the center of such roadway,
for the uses aforesaid. -
Cost of award. SEC. 141. The cost of the award shall be paid by such ...}.
sec. 657. R. s. and on notice by any party interested and showing said proceedings,
D. C. . . . . the court may order the payment thereof and enforce such payment
by execution. - - \
Review on ap- SEC. 142. The award of the arbitrators may be reviewed by the
Pº' court, in which such proceeding may be had, on written exceptions
Sec. 658, R. S. filed by either party, in the clerk’s Office, within ten days after
T). C. the filing of such award, and the court shall take such order therein
as right and justice may require, by Ordering a new appraisement,
On good cause shown.
Company may SEC. 143. Notwithstanding such appeal, the company may take
º, Pºº", possession of the property described as aforesaid, and the subsequent
- - - - - ---------- proceedings on the appeal shall Only affect the amount of compensa-
Sec. 659, R. S. tion to be allowed, if prior to the assessment the corporation shall
D. C. tender to such owner or guardian, and in case of refusal to
receive the same shall pay into court, if he be unable to contract, an
amount equal to the award afterward made, exclusive of costs.
dºor arbitra SEC. 144. The costs of arbitration shall be paid equally by such
"* ... company and such owner or guardian.
Sec. 660, R. S. D. C.
..º.ºs. ºf al. SEC. 145. If there are any adverse or conflicting claimants to the
lº º money, or any part of it, to be paid as compensation for the real
into court, ...P i. estate taken, the court may direct the money to be paid into court by
termination as to the company until it can determine who is entitled to the same,
rights. and shall direct to whom the same shall be paid, and may, in its dis-
Sec. 661. R. S. Cretion, order a reference to ascertain the facts in which such deter-
iD. C. - mination and order are to be made.
Court to protect SEC. 146. The court shall appoint. Some competent attorney to
... rºle * appear for and protect the rights of any party in interest who is
CHAPTER xv.–CORPORATION S. 141
unknown, or whose residence is unknown, and who has not appeared Sec. 662, R. S.
in the proceedings by an attorney or agent; the court shall also have P. 9.
power, at any time, to amend any defect or informality in any of
the Special proceedings authorized by this chapter as may be neces-
sary, or to cause new parties to be added, and to direct such further
notice to be given to any party in interest as it deems proper, and
also to appoint other commissioners in the place of any who shall
die, or refuse, or neglect, or are unable to serve, or who may leave
or be absent from the District.
SEC. 147. At any time after an attempt to acquire title by appraisal , Defective title;
of damages, or otherwise, if it shall be found that the title thereby * may be per-
attempted to be acquired is defective, the company may proceed anew *
to acquire or perfect the same in the same manner as if no appraisal Sec. 663, R. S.
had been made; and at any stage of such new proceedings the court P. 9.
may authorize the corporation, if in possession, to continue in pos-
Session, to take possession of, and use such real estate during the
pendency and until the final conclusion of such new proceedings,
and may stay all actions and proceedings against the company, or
any officer or agent or workmen of such company, on account thereof,
On Such company paying into court a sufficient sum, as the court
may direct, to pay the compensation therefor, when finally ascer-
tained; and in every such case the party interested in real estate
may conduct the proceedings to a conclusion, if the company delays
Or omits to prosecute the same, **
SEC. 148. Such company may, from time to time, borrow such Power to borrow
sums of money as they may deem necessary for completing or oper- . º:
ating their railroad, and issue and dispose of their bonds for any “***
amounts so borrowed, for such sums and at such rates of interest as . Sec. 664, R. S.
may be agreed upon, and mortgage their corporate property and P. 9.
franchises to secure the payment of any debt ...P. the com-
pany ; and the directors of the company may confer on any holder
of any bond issued for money so borrowed the right to convert the
principal due Or. Owing thereon into stock of the company; at any
time not exceeding fifteen years from the date of such bond, under
such regulations as the company may adopt ; and the company may
sell their bonds whenever they may deem proper, and such sales shall
be as valid as if such bonds should be sold at par value. But such
corporation shall not have power to issue any bonds or to execute
any mortgages upon its property or franchises until at least one-half
of the capital stock ºil have been fully paid. -
SEC. 149. Every such corporation shall make an annual report to Annual report.
the clerk of the Supreme court of the District of the operations of Sec. 665, R. S.
the year ending on the first day of January, which report shall be D. C. *
verified by the oath of the treasurer and acting superintendent of
operations, and filed in his office by the tenth day of January of each
year, and shall state— -
First. The capital stock and the amount actually paid in.
Second. The amount expended for the purchase of lands, for the
construction of the road, for buildings, and for engines and cars .
respectively.
Third. The amount and nature of its indebtedness, and the amounts
due the corporation. •
Fourth. The amount received for the transportation of passengers,
of property, of mails, and from other sources.
- #. The amount of freight, specifying the quantity, in tons, of
the products of the forest, of animals, of vegetables, food, other
agricultural products, manufactures, merchandise, and other articles.
i. The amount paid for repairs, engines, cars, buildings, and
Słł, la, I’l G.S.
142 - CHAPTER XV. —CORPORATIONS.
Seventh. The number and amount of dividends, and when paid.
Eighth. The number of engine-houses and shops, of engines and
cars, and their character. - -
Carrying the SEC. 150. Any such corporation shall, when applied to by the
*____ Postmaster-General, convey the mails of the United States on their
Sec. 666, R. S. road; and in case such corporation shall not agree to the rates of
D. C. transportation thereof, and as to time, rate of Speed, manner, and
condition of carrying the same, the said Supreme court may appoint
three commissioners, who shall fix and determine the same.
Making up SEC. 151. In forming a passenger train, baggage, or freight, or
trains. merchändise, or lumber cars shall not be placed in rear of passenger
Sec. 667, R. S. cars; and if any of them shall be so placed, and any accident shall
D. C. happen to life or limb, the Officer or agent who so directed or know-
ingly suffered such arrangement, and the conductor or engineer of
the train, shall each and all be held guilty of intentionally causing
the injury, and be punished accordingly.
Agcommodation SEC. 152. Every such corporation shall start and run their cars for
of the public. the transportation of persons or property at regular times, to be
Sec. 668, R. S. fixed by public notice, and shall furnish sufficient accommodation for
. C. the transportation of all such passengers and property as shall within
a reasonable time previous thereto offer, or be offered, for transpor-
tation at the place of starting, and the junction of other railroads,
and at siding and stopping places established for receiving and dis-
charging way passengers and freight, and shall take, transport, and
discharge such passengers and property at, from and to such places,
on the due payment of tolls, freight, or fare therefor.
... Penalty for re. SEC. 153. In case of the refusal by such corporation or their agents
* § ºpº to take and transport any passenger or property, as provided in the
$º preceding section, or to deliver the same at the regularly appointed
* place, such corporation shall pay to the party aggrieved all damages
pº * R. S. which shall be sustained theréby, with costs of suit.
Passenger refus- SEC. 154. If any passenger shall refuse to pay his fare or toll, the
ing to pay fare. conductor of the train may put him out of the cars at any usual
Sec. 670, R. S. stopping place. ~
D. C.
Employes to SEC. 155. Every conductor, baggage-master, engineer, brakeman,
wear badge. or other employé of any such railroad corporation, employed on a
Sec. 671. R. S. passenger-train, or at stations for passengers, shall wear upon his
- hat or cap a badge which shall indicate his office, and the initial
letters of the style of the corporation by which he is employed.
No officer to exer- SEC. 156. No collector or conductor without such badge shall
º ºity demand, or be entitled to receive, from any passenger any fare, toll,
*** or ticket, or exercise any of the powers of his office; and no other of
Sec. 672, R. S. said officers or employés without such badge shall have any authority
D. C. to meddle or interfere with any passenger or property.
Route and, ter- SEC. 157. No railroad shall be built under the provisions of this
..º.º. chapter until the route and termini of such road shall have been
º"** approved and sanctioned by Congress.
Sec. 673, R. S.D. C.
..Regulation by , SEC. 158. Congress may make all needful rules and regulations for
... the operation and management of such railroads, and may regulate
:::::::::::::::: the rates of fare and freight upon all such roads.
Sec. 674. R. S. D. C.
CHAPTER xv.–CORPORATIONS. 143
SEC. 159. Nothing contained in this chapter shall be so construed , Construction of
as to authorize any corporation organized under the same to construct ºpter.
or Own any railroad outside of the District of Columbia, nor to limit Sec. 675, R. S.
the right of the District authorities to regulate the running of trains, D.C.
or to establish the grade upon which such roads shall be built within
the cities of Washington and Georgetown. . - -
SEC. 160. Congress may, at any time, alter, amend, or repeal this Repeal by Con-
chapter, Saving and preserving all rights which may become vested $º -
under the same, and may amend or repeal any incorporation formed Sec. 676, R. S.
or created under this chapter ; but any such amendment or repeal D.C.
shall not, nor shall the dissolution of any company formed under
this chapter, take away or impair any remedy given against any
such corporation, its stockholders, or officers, for any liability which
shall have been previously incurred. ; *
SEC. 161. Any company authorized by law to run cars propelled by , Street cars may
horses within the District of Columbia is hereby j to sub- be run ºrie-
stitute for horses electric power by storage or independent electrical ity or cables.
batteries or underground wire, or underground cables moved by
steam power, on the whole or any portion of its roadway, with
authority to purchase and use any terminal grounds and facilities
necessary for the purpose ; and any such street railway company
electing to substitute such power on any part of its tracks or road-
beds on the streets of the District of Columbia shall, before doing so, g
cause such part of its road-beds to be laid with a flat grooved rail and Rails.
made level with the service of the streets upon each side of Said
tracks or road-beds, so that no obstruction shall be presented to vehi-
cles passing over said tracks: Provided, That in the event said com- Provisos.
panies or either of them shall fail for the period of two years from , Grooved rails to
the passage of this act to exercise the powers and privileges herein-º.Jºsed in two
before given, such companies are nº required to cause said rails ".
and road beds to be relaid with the flat grooved rail hereinbefore ~.
mentioned, so as to be level with the surface of the streets upon each -
side of said tracks or road beds and the cost of making the changes
hereinbefore required shall be paid by the corporations or persons
owning or operating said street railroads, and if, after being notified
by the Commissioners of the District of Columbia in writing to com-
ply with the terms of this act, the said corporations or either of them
shall not within ninety days thereafter begin the work required and
complete the same within a reasonable time, not more than twelve
months from the expiration of said period of ninety days it shall be &= gº •
the duty of the Commissioners to cause the necessary changes in said ... Commissiºners
rails and road-beds to be made as Soon as practicable; and shall issue º * º
certificates of indebtedness against the property, real or personal, of pañ g
such railway company, which certificates shall bear interest at the Certificates of
rate of ten per centum per annum until paid, and which, until they indebtedness for
are paid, shall remain and be a lien upon the property on or against “”
which they are issued, together with the franchise of said company;
and if the said certificates are not paid within one year the said Com- . -
missioners of this District of Columbia may proceed to sell the prop- Saleof Property,
erty against which they are issued, or so much thereof as may be
necessary to pay the amount due, such sale to be first duly advertised
daily for one week in some newspaper published in the city of Wash-
ington, and to be sold at public auction to the highest bidder: Pro-
vided further, That after the passage of this act no other rail than . No other rail to,
that herein mentioned shall be laid by any street railway company be hereafter used,
in the streets of Washington and Georgetown, and all companies
granted franchises or extensions by the Fiftieth Congress shall have
extension of one year’s time within which to lay their tracks. So Not applicable,
much of the charters of the street railway companies of the District out of city limit5,
of Columbia as is inconsistent with this section is hereby repealed.
144. Chapter xv.–CORPORATIONS.
Approval of Provided further, That the foregoing requirements as to motive-
Commissioners, power, rails and road-bed shall not º to street railroads outside
Mar. 2, 1889, the city of Georgetown and the Boundary limits of the city of Wash-
25 stat.,797. ington ; and Provided, That the authority hereinbefore granted in
each and every particular shall be exercised only with the approval
of the Commissioners of the District of Columbia, expressed by res-
olution of said board. -
CLASS S.
SAVINGS-BANKS AND TRUST COMPANIES.
savings and SEC, 163. That all savings-banks or savings and trust companies
trust companies organized under authority of any act of Congress shall be, and are
under, United hereby, required to make, to the Comptroller of the Currency, and
States laws to publish, all the reports which national banking associations are
make and publish : iº l publish under th isions of tions fif
reports. required to make and publish under the provisions of sections fifty
#. S. secs. 5211- two hundred and eleven, fifty-two hundred and twelve and fifty two
5218. 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 any court of the United States in the district in which said
savings banks or savings and trust companies may be located.
savings and And all savings or other banks now organized, or which shall here-
trust companies in after be organized, in the District of Columbia, under any act of
District of Colum: Congress, which shall have capital stock paid up in whole or in part,
*..."; shall be subject to all the provisions of the Revised Statutes, and of
ing laws. all acts of Congress applicable to national banking associations, so
R.S. secs. 5133– far as the same may be applicable to such savings or other banks:
5243. Provided, That such savings banks now established shall not be
June 30, 1876, required to have a paid-in capital exceeding one hundred thousand
19 stat. 63, ch. dollars.” + e *.
156, sec.6. 1 Sup. R.S., 218. 133 U.S. Rep., 138, Keyser vs. Hitz; 22 Stat. 162, ch.
290, 2 Sup. R. S., 353.
Banks organized SEC. 163. The Comptroller of the Currency, in addition to the
under º of Cºº powers now conferred upon him by law, for the examination of
§§ tº 9° “*” national banks, is hereby further authorized, whenever he may deem
ined. it useful, to cause, examination to be made into the condition of
Report. any bank in the District of Columbia organized under act of Con-
Rxpense. gress. The Comptroller, at his discretion, may report to Congress
Tº sº. II, the results of such examination. The expense necessarily incurred
Cap. 13, jan. 20, in the execution of this act shall be paid out of any appropriation
1873, made by Congress for special bank examinations.
CLASS 9.
INSU R.A.N.C.E.
Insurance com- SEC. 164. No company hereafter organized or incorporated within
panies. . the District of Columbia shall transact the business of insurance in
‘...P.” “ any of its branches unless the whole capital of such company be not
quired. ** # e ... - .
less than one hundredthousand dollars, actually and in good faith paid
up in full, in cash, excepting life-insurance Companies which issue
to their members policies or certificates agreeing to pay benefits or
sums of money which are to be realized by assessments levied upon
Assessment the members; no other capital than such assessments shall be required
companies. of them. The Commissioners of said District, or any two of them,
Jan. 26. Issº, shall ascertain and determine such facts, upon evidence satisfactory
ºf stat. 366, to them to be filed in their office, and thereupon shall issue to such
sec. 1. companies authority to transact business. -
*This provision has been added to sec. 5205 in the second edition of the Revised Statutes.
3 s Property belonging to the District of Columbia may be insured for five years or less: 23 Statutes
312
t CHAPTER xv.–CORPORATION S.
145
SEC. 165. Every insurance company doing business in Said District
must transmit to the Commissioners of the District a statement of
Annual state -
ments to be made.
its condition and business for the year ending on the preceding thirty-
first day of December, which statement shall be rendered on the
first day of January following or within sixty days thereafter, except
that foreign companies shall transmit their statements of business,
other than that done in the United States, prior to the following first
day of July, which statements must be in form and state the particu-
lars required by the blanks prescribed by the Commissioners; and
the Commissioners, or any two of them, may require at any time
statements from any company doing business within the District, or
from any of its officers or agents, on such points as they may deem
necessary and proper to elicit a full exhibit of its business and stand-
ing, all of which statements herein required must be verified by the
signatures and oaths of the president or vice-president, or the Secre-
tary or actuary. No company having neglected to file a statement
required of it within the time and manner prescribed shall do any
business, after notification by the Commissioners, or any two of
them, while such neglect continues; and any company Or association
neglecting to make and transmit any statement required shall for-
feit one hundred dollars for each day’s neglect.
SEC. 166. That every fire-insurance company, to entitle itself to
the written authority by this act required to transact business in
the District, shall have assets equal to its liabilities, including a
reinsurance reserve liability equal to fifty per centum of premiums
received upon one year-risk, and an amount proportioned to the
unexpired time upon all other fire risks. Every company doing an
inland or marine business shall have assets equal to its liabilities,
including a reinsurange reserve liability equal to the total premiums
charged upon all unexpired inland or marine risks. Every life-
insurance company, excepting those Organized upon the plan of assess-
Special st a te-
ments.
Companies not
filing statements
prohibited from
doing business.
Money penalty.
Ibid., sec. 2.
Assets of fire in-
Surance compa-
In 16S.
Inland and ma-
rine insurance
companies.
tº
Life-insurance
companies.
ments on their members, shall have assets equal to its liabilities,
including a reserve liability computed upon the basis of the American
experience table of mortality, at four and one-half per centum
interest. Before issuing any written authority to any company to
transact business in the District, the Commissioners, or a majority
of them, shall satisfy themselves that such company has complied
with the law; and at any time thereafter they shall revoke such
authority when satisfied that such company has fallen below such
requirements.
SEC, 167. No insurance company organized or incorporated under
the laws of any of the United States of America, or of any foreign
state or country, shall transact the business of insurance in any of
its branches within the District of Columbia until such company
shall have duly constituted some proper person domiciled in the
District their agent and attorney-in-fact for the purpose of receiving
for them summonses, writs, and processes issuing out of any court
having any jurisdiction in said District, and until the evidence of
such appointment of such agent and attorney-in-fact, authenticated
in a manner satisfactory to the Commissioners of the District, or
any two of them, shall be filed in the office of such Commissioners.
SEC. .68. Any insurance gompany, or any officer or agent of any
insurance company, effecting any contract of insurance in behalf of
such company when the written authority required by this act shall
not have been given by said Commissioners, or after such authority
has been revoked, shall be subject to a penalty of one hundred dol-
lars for every offense, to be recovered by due process in the courts
Of the District.
Permit from
Commissioners re-
quired before op-
erating.
Ibid., Sec. 3.
Foreign insur-
a n c e companies
In O t to transact
business until an
attorney in fact be
appointed.
Ibid., Sec. 4.
Pen a lit y for
transacting busi-
ness without au-
thority.
Ibid., Sec. 5.
10 C S
146
CHAPTER XV.-CORPORATIONS.
Application to
be attached to pol-
icy.
Ibid., Sec. 6.
To take effect in
ninety days.
‘Ibid., sec. 7.
Mutual Fire In-
surance Company
of the District of
Columbia.
Failure to pay
interest, etc., shall
be deemed a lapse
of the policy of in-
SUllºa, Il Cé.
Settlement, etc.
July 5, 1884.
23 Stat., 155.
Costs by whom
paid.
Ibid., Sec. 2.
Insurable inter-
est required in in-
surance on ships
Or effects laden
thereon.
19 George II,
ch. 37, Sec. 1, A.
D. 1746.
SEC. 169. Each 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 con-
tract may appear in Said application and policy.
SEC. 170. This act shall take effect and be in full force after ninety
days from its passage.
SEC. 171. Whenever the holder or holders of a policy or policies
of insurance hereafter issued in the Mutual Fire Insurance Com-
pany of the District of Columbia shall have failed for the full period
of three years to pay the interest on any lawful assessment due upon
his or their premium note or notes, such policy or policies of insur-
ance shall be deemed to be lapsed, and the board of managers may
proceed to settle and cancel the same, after a previous advertisement
of their intention to do so, to be inserted in two newspapers printed
and published in the city of Washington, once in each week, for the
period of three consecutive months, and after serving, besides, when-
ever practicable, a personal notice in writing, for a like period of
time, upon the holder or holders of such policy or policies, or in the
event of his or their death, upon the legal representatives of such
holder or holders, -
SEC. 172. The cost of such advertisement and notice shall be de-
ducted from the sum or sums of money which may be found to be due
º the settlement of said policy or policies to the holder or holders
thereof. -
SEC. 173. No assurance or assurances shall be made by any person
or persons, bodies corporate or politick, on any ship or ships, or on
any goods, merchandizes, or effects, laden or to be laden on board of
any such 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 assurer; and that every such
assurance shall be null and void to all intents and purposes.
Alex. Brit. Stat., 760, 761. Kilty's Rep., 252. 94 U. S. Rep., 460, Conn. Mutual Ins.
Co. vs. Shafer.
Reassur a n Ce,
when permitted.
Ibid., Sec. 4.
Alex. Brit. Stat.,
761.
When plaintiff
required to dis-
close other insur-
an Ce.
Ibid., sec. 6.
How vestries
are to be chosen,
etc.
Md. act 1798, ch.
24, Sec. 2.
SEC. 174. It shall not be lawful to make re-assurance, unless the
assurer shall be insolvent, become a bankrupt, or die; in either of
which cases such assurer, his executors, administrators or assigns,
may make re-assurance, to the amount of the sum before by him
assured, provided it shall be expressed in the policy to be a re-assur-
&I) C62. - -
SEC. 175. In all actions or suits brought or commenced after the
said first day of August, by the assured, upon any policy of assurance,
the plaintiff in such action or suit, or his attorney or agent, shall
within fifteen days after he or they shall be required so to do in
writing, by the defendant, or his attorney Or agent, declare in writing
what sum or sums he hath assured, or caused to be assured in the
whole, and what sums he hath borrowed at respondentia or bottom-
ree, for the Voyage, or any part of the Voyage in question in such
suit or action.
CLASS 10.
y
MARYLAND VESTRY ACT AND AMENDMENTS.
SEC, 176. That vestries shall be chosen for each parish within this
District º in the following manner : Every male citizen of this
District [state] above twenty-one years of age, resident of the parish
Where he offers to vote six months next preceding the day of election,
who shall have been entered on the books of the said parish one
CHAPTER xv.–CORPORATION S.
147
month at least preceding the day of election as a member of the
protestant episcopal church, and who shall also contribute to the *.
charges of the said parish in which he offers to vote such sum as a
majority of the vestry in each parish shall annually, within ten days
after their election, in writing, make known and declare, not exceed-
ing two dollars, shall have a right of Suffrage in the election of ves-
trymen for such parish; and all persons so qualified shall, On the next
ensuing Easter Monday, assemble in their respective parishes, at
their parish church, or if there shall be two or more protestant epis-
copal churches in any parish, at the church first built therein, or if
there be in any parish no such church, then at such other place as
the rector of the parish, or if there be no rector, as any three or
more vestrymen, may have publicly notified to the parishioners, and
the said persons, so qualified to vote, when assembled, or such of them
as may assemble in each parish, shall proceed, by a majority of
votes, to elect, by ballot, eight vestrymen from among the persons.
qualified to vote, who, with the rector of the parish for the time,
being, shall be deemed and considered the vestry of the said parish
for the ensuing year, and the rector of the parish shall always be:
one of the vestry.*
SEC. Tº?. That the register of the parish shall, and it is hereby
declared to be his duty, to enroll any person of the protestant epis-
copal church who shall apply for the purpose, On the books of the
parish, under the penalty of eight dollars, and he shall be authorized
to demand and receive the sum of six cents for each and every such
enrolment.
SEC. 178. That on refusal to serve, resignation, death, or removal
from the parish with a view to reside elsewhere, or on legal discharge
from serving, or any other disqualification of any person chosen a
vestryman, the rector, (if any,) Or if no rector, any two of the vestry,
or of those persons who last possessed the powers of vestrymen,
shall, with all convenient ºi.
parishioners entitled to Suffrage as aforesaid, at the parish church
or elsewhere, as herein before mentioned; and at Such meeting, such
of them as shall assemble shall proceed, by a majority of votes, to
fill up such vacancy or vacancies from among the persons qualified
to vote, as herein before provided; and on every Easter Monday for
ever, after the first election as herein before directed, the parishioners
entitled to suffrage shall assemble, as herein before prescribed, and
they, or such of them as may assemble, shall, by a majority of votes,
put out four of the eight vestrymen whom they please, and shall
immediately thereafter elect, by ballot, four vestrymen from among
the persons qualified to vote, including those whom they have voted
out, all or any of whom they may re-elect; and such persons SO
chosen, with the remaining vestrymen and the rector, shall be the
vestry for the ensuing year.
SEC. 179. That the vestrymen of each parish, or a majority of
those who shall attend, shall judge of the election of vestry men, and
of the qualification of voters, and of the qualification of the parish-
ioners proposed to be elected as vestrymen.
SEC. 180. That every person chosen a vestryman shall, before he
acts as such, take and subscribe the Oath of Support and fidelity
required by the constitution and form of government, unless such
person hath before taken such Oath, and also make and subscribe
a declaration of his belief in the christian religion, and he shall also
take and subscribe the following oath of office, to wit: ‘I, A. B., do
1 Dorsey, 359,
3 Kilty, 774.
Register to en-
roll certain per-
SOIlS.,
Ibid., sec. 3.
How vacancies:
in vestry to be.
filled.
Ibid., Sec. 4.
appoint a general meeting of the
Vestrymen to,
judge of elections,
etC.
Ibid., sec. 5.
Oath of vestry--
DOleIl. -
:* Modified by act of legislative assembly, ch. 57, June 26, 1873. -
+ See Leg, ASSem, 1872, Sec.S. 1, 2 and 3, p. 51, post, 3 Leg. Assem. 1873, Ch. 57, Sec. 1, p. 128.
Ibid., Sec. 6..
I48
CHAPTER XV. —CORPORATIONS.
Meetings of ves-
try.
Ibid., Sec. 7.
Tector to pre-
side investry; cus-
todian of church
property.
Ibid., Sec. 8.
Title of all
church property
is in vestry.
Ibid., Sec. 9.
Penalty on the
rector for waste,
..etc.
Ibid., sec. 10.
Solemnly swear, that I will faithfully execute the office of a vestry-
man of parish, in county, without prejudice, favour or
affection, according to the best of my skill and knowledge; which
Oaths and declarations any justice of the peace, or any vestryman
present, may administer and take. -
SEC. 181. That the first Monday in February, May, August and
November, in each year, shali be the days on which a vestry shall
be held in every parish, at eleven o’clock in the forenoon, at the
place at which vestry elections are directed by this act to be held,
Without any notice given thereof, and every vestry may also hold
adjourned or special meetings at such times and places as they may
agree upon; at any which time or place, any four vestrymen,
together with the rector, if he shall attend, if not, any four without .
him, shall be a sufficient quorum for the transaction of any business
Whatever, which they are authorized to do by this act, and whatso-
ever shall be thus done by a majority of such quorum, or of the
members attending, if more than above directed, shall be valid and
obligatory as if done by the whole vestry: Provided always, That
due notice of all adjourned and special meetings shall be given to
all the members of the vestry.*
SEC. 182. That the rector of each parish for the time being shall
#. in the vestry, collect the votes, and shall, upon an equal
ivision of those present, have a vote, except in cases in which he
is in any manner particularly interested, and he shall have, except
he may otherwise contract with the vestry, the possession, occupation
and free use of all the glebe-lands, houses, ground-rents, books and
other property, belonging to his parish, and be entitled to the benefit.
thereof during the time he shall officiate therein as rector.
SEC. 183. That the vestry of each parish for the time being, as
trustees of the parish, shall have an estate in fee simple in all
churches and chapels, and in all glebes, and other lands, and shall
have a good title and estate in all other property heretofore belong-
ing to the church of England, or which shall hereafter belong to the
said church, now called the Protestant Episcopal Church, in Mary-
land; and it shall be lawful for such vestry so to manage and direct
all such property as they may think most advantageous to the inter-
ests of the parishioners, and they shall also have the property in all
books, plate and other ornaments belonging to said churches and
chapels, or any of them. - -
SEC. 184. That if any rector shall commit any waste on any glebe-
land, or other land belonging to the vestry of his parish, or if he
shall do any injury to his parsonage, or to his parish library, he shall
be liable to pay treble damages, to be recovered of him by the vestry.
in their corporate name, in the same manner as if he was not One
of the vestry. -
SEC. 185. That on every Easter Monday, immediately after the
election of vestrymen, the vestry shall proceed to choose from among
the persons qualified to vote, two sober, discreet and pious persons,
to be churchwardens for the ensuing year, and before they act as
such, they shall take and subscribe the oath of fidelity, and make
and subscribe the declaration herein before prescribed to be taken
by vestrymen, and also an oath, that they will faithfully discharge
the duties of a churchwarden.
TChurchwardens
‘to be chosen; oath
tof.
Ibid., sec. 11.
+: *::::: by act of legislative assembly, 1873, June 26; Sec. 2. See also 3 Leg. ASSem. 1873, ch. 57,
Sec. 2, p. 128, r - -
CHAPTER XV.-CORPORATIONS. . \149
SEC. 186. That every churchwarden shall have power to keep the Churchwardens
peace, and also preserve order and decency in his respective church ... i.
or chapels; and it shall be lawful for any churchwarden to appre- ...” “*”
hend any person guilty of any breach of the peace, or of any dis- *
orderly conduct, or of making a noise in any church or chapel, or in #
the church or chapel yard, or other enclosure, so as to disturb the 11ty, '('ſo.
congregation, and to turn such person Out of the church, chapel yard,
or other enclosure thereto belonging; and it shall be the duty of any
erson (who may be called upon) to assist the churchwarden in the
efore-mentioned duties.
SEC. 187. That if, from any cause whatever, those persons qualified Elections for
to vote in any parish should suffer Easter Monday to elapse without º º be.
any election of vestrymen, then the said election may be held on any ..." * * *
other day appointed for the purpose, at any time after, although it -
may be in any subsequent year, of which day notice shall be given Ibid., sec. 18.
by the rector (if any) in his church, immediately after divine service,
on two succeeding Sundays, and if no rector, by any two vestrymen,
or of those persons who last possessed the powers of vestrymen, by
writing set up at the door of the church ten days before the day of
meeting. < -
SEC. 188. If churchwardens should not from any cause be chosen Churchwardens,.
by the vestry on the day of the election of vestrymen, it shall and i. .** be-
may be lawful to choose them at any subsequent meeting of the ves- * *
try, and such elections shall be held valid and obligatory. Ibid., sec. 14.
SEC. 189. That the vestry of every parish shall have full power and Vestry, may
authority, from time to time, to choose one or more ministers or ºº ** con-
readers of the Protestant Episcopal church, (heretofore called the . * ***
church of England,) to officiate in any church or chapel belonging º
to the parish, and to perform the other duties of a minister therein, *:::: }}_.
for such time as the said vestry may think proper, and they may of”; º º
agree and contract with such minister or ministers, reader or read- #4. H. Bart.
ers, for his or their salary, and respecting the use and Occupation of lett, etc., vestry of
the parsonage house, or any glebe or other lands, or other property, St. Mathew's Par-
if any, belonging to the parish, and on Such terms and conditions as §"Hº:
they may think reasonable and proper, and their choice and con- * * +
tract shall be entered among their proceedings; and upon the expira- ‘’’
tion of such contract, the said vestry may, in their discretion, renew
their choice, or make a new contract, but if they do not incline so to
do, their former choice and contract shall remain until they declare
their desire to make a new choice or contract.
SEC. 190. That if only one minister shall be chosen for any parish, Ministers, if one
he shall be called the rector thereof, but where two or more minis- ; #. led rec-
ters shall be chosen of the same order in the ministry, they shall be ...".
called associated rectors of such parish, and shall preside in the ves- their several pri.
try by rotation ; and in any parish in which there shall at any time ority.
be more then one minister regularly settled, and either of them of Ibid. sec 16
Superior Order in the ministry, such superior minister shall have the • 3 ſº
sole right of presiding in the vestry, and be called the rector there-
of, and the other or others shall be called associated ministers of such
parish. (See 3 Leg. Assem., 1878, ch. 57, sec. 4 p. 129. -
SEC. 191. If the vestry of any parish should think it necessary to . Vestry may take.
take in subscriptions for the maintenance of their minister or min- in subscriptions;
isters, reader or readers, or for paying the salaries of such other offi- etc.
cers as the occasions of the parish may require to be appointed, or Ibid., Sec. 17.
for º other parish purposes, it shall and may be lawful for them
SO to do.
150
CHAPTER xv.–CORPORATIONS.
Vestry shall pro-
vide register; du-
ties a n d officia
oaths.
Ibid., sec. 18.
Register, addi-
...tional duties of.
Ibid., sec. 19.
|Ministers to no-
stify register of
marriages, etc.
Ibid., sec. 20.
Penalty for neg-
lect of duty by
ministers or regis-
terS.
Ibid., sec. 21.
Register the cus-
todian of records;
to certify copies
under seal of ves-
try; fees.
Ibid., sec. 22.
Penalty on ves-
try for failure to
appoint register or
provide books.
Ibid., sec. 23.
SEC. 192. That the vestry of every parish shall be and they an
hereby obliged to provide a fit person as register of their parish,
whose duty it º be to keep true and fair entries of the proceed-
ings of such vestry in the execution of their trust, which register
also shall, before he acts as such, take, and subscribe the Oath of
fidelity herein before mentioned, (unless he shall have before taken
such oath,) and make and subscribe a declaration of his belief in the
christian religion, as also take an Oath for the due and faithful exe-
cution of the duties of his office, to be administered as hereinbefore
directed.
SEC. 193. That it shall be the duty of the said register to enter in
a book, provided for the purpose, all baptisms, marriages and funer-
als, of free persons in the parish by any minister of the Protestant
Episcopal church, and which may be known to him by any of the
said ministers or vestrymen of the parish; and it shall also be the
duty of the said register, in the entry of baptisms, to insert the
Christian names of the persons baptized, the Christian and surnames
of the parents, with the dates of the baptisms and births of the per-
sons baptized, and in the entry of marriages and burials to insert the
times of the celebration, and the christian and surnames of the per-
sons married, and the persons buried; and it shall be the duty of the
minister or ministers of every parish, to take care that the said regis-
ter be made acquainted with all the baptisms, marriages and burials,
celebrated by him or them in the parish. -
SEC. 194. That if any mister of the Protestant Episcopal church
shall celebrate any baptism, marriage or burial, in any parish in
which he may not be a settled minister, he is hereby required to
communicate it to the rector, or some one of the vestry, of the par-
ish, who shall communicate it to the register of said parish.
SEC. 195. That if any minister or vestryman shall fail in the
duties herein respectively assigned them, or if any register shall
refuse or neglect to enter any baptism, marriage or burial, so made
known to him, the person offending shall forfeit eight dollars for
every such offense. ($887, R. S. D. C. See “Pleading and Practice.”)
SEC. 196. That the register of every parish shall have the custody
Of all registers of baptism, marriages and burials, belonging to his
parish, and he is hereby obliged to shew any person or persons
reasonably desiring it any such register, or give a certificate of the
entry of any birth, marriage or burial, entered therein, which may
be desired of him, and such certificate under the hand of such reg-
ister, and with the common seal of such vestry annexed thereto, shall
be received in evidence in all courts of justice within this District
[state]; and for every search which may be required, he shall be
entitled to twenty-five cents, and for every certificate as aforesaid,
he shall be entitled to twenty-five cents, nor shall he be obliged to
make a search, or give a certificate, until he shall have been paid the
reward before allowed. -
SEC. 197. That if any vestry shall neglect or refuse to appoint a
register for their parish, or to provide him with such good and sub-
stantial books as the execution of the duties herein committed to
him may require, the individual vestrymen who shall vote against
going into the appointment of a person to fill the office of a register,
Or who shall refuse to vote on the question of said appointment, or
against the provision of good substantial books as }. shall
forfeit and pay the sum of five dollars each for every time he shall
Offend, or vote as aforesaid, the said fine to be recovered before a
single magistrate: Provided always, That the vestrymen, so offending,
CHAPTER XV,-CORPORATIONS. 151
may in all cases allege, before said magistrate, such excuse or excuses,
as he may think sufficient to relieve him from the payment of the
fine as aforesaid. - -
SEC. 198. That whenever special meetings of the vestry shall be sº ...,et-
necessary, the rector shall call them, but if there be no rector, or if . vestry, how
he shall be absent, or refuse or neglect to call a meeting, then any . .
two of the vestry, agreeing so to do, may summon a special vestry. Ibid., Sec. 34.
SEC. 199. That no vestryman shall absent himself from any stated Penalty for ves-
meeting, or from special or adjourned meeting, of which he was ºymen not at-
duly notified, without such excuse as the rest of the vestry will allow, *ing meetings.
under a penalty not less than two, or exceeding eight dollars. Ibid., sec. 25.
SEC. 200. That if any person elected a vestryman, agreeably to , Penalty on reg-
this act, shall, after convenient notice given him by the register of ister and vestry-
the parish, who is hereby required to give him such notice under the . * *
penalty of twenty dollars, refuse to serve as a vestryman, according ** -
to the provisions herein made, without alleging such an excuse as Ibid., Sec. 26.
the residue of the vestry will allow, unless he shall have heretofore -
served two years, or been voted out at a former vestry election, or if
any person elected a churchwarden, who has not before served in
that office within the last three years, shall, after the same notice,
refuse to serve as such, Or having been qualified, shall retire from
his office without the consent of the vestry, before the time for
which he was elected shall have expired, unless he shall have been
disqualified for remaining a churchwarden, the former shall forfeit
twenty dollars, and the latter ten dollars.
Sec. 201. That all fines and penalties by this act imposed shall be An fines are to
recoverable before any justice of the peace, and applied to the use be recovered, be-
of the parish in such manner as the vestry may direct. * justice of the
- Ibid., sec. 27.
SEC. 202. That the vestrymen of every parish in this District Vestrymen de-
[state] for the time being, shall be, and they are hereby declared clared bodies cor-
to be, one community, corporation and body politic, for ever, by the º in powers
name of The Vestry of the parish to which they severally belong, and * *
by the same name they, and their successors, shall and may have per- Ibid., Sec. 28.
petual succession, and shall and may, at all times hereafter, be persons
able and capable in law to purchase, take and hold, to them and their
successors, in fee, or for any less estate or estates, any lands, tene-
ments, hereditaments, rents or annuities, within this District [state,
by the gift, bargain, sale or devise, of any person Or persons, bodies pol-
itic and corporate, capable of making the same, and Such lands, tene-
ments or hereditaments, to rent or lease in such a manner as they
may judge most conducive to theinterests of their respective parishes,
and also to take and receive any sum or sums of money, and any
kind of goods and chattels, which may or shall be given, Sold or
bequeathed, unto them, by any person or persons, bodies politic or
corporate, capable to make a gift, sale or bequest thereof, and to
apply the same for the use of their respective parishes as herein
before directed : Provided, That the clear yearly value of the estate
of any vestry, (exclusive of the rents of pews, collections in churches,
funeral charges, and the like,) shall not exceed two thousand dollars.
SEC. 203. That no vestry shall sell, alien or transfer, any of their Restriction upon
estates, or property belonging to their church or churches, without alien a tion of
the consent of five at least of their body, (of which number the * Property:
rector shall always be one,) together with the consent of both the Ibid., sec. 29.T
churchwardens, and in case there be no rector in the parish, then it
shall be necessary to obtain the consent of the bishop of the protes-
tant episcopal church in this state for the time being, previous to any
sale, alienation or transfer, of any of the estates or property aforesaid.
152 t CHAPTER XV.-CORPORATIONS.
Application of SEC. 204. That no vestry shall apply any of the principal of the
º money arising from the sales of any of the estates or property afore-
P”P*Y* said towards any debt or debts contracted with their minister on
Ibid., sec. 30, account of his official duties.
Vestry powers SEC. 205. That nothing herein before contained shall be construed
*...? ...”. to prevent the vestry of any parish from buying at any time a lot of
pews, and church land t ding t *e for a burial-g d ite f
property. and, not exceeding two acres, for a burial-ground, or a site for a
- e church or parsonage-house, or from selling or renting the pews of
Ibid., sec. 31, their churches or chapels, provided in so doing the said vestry shall
not interfere with any existing right or title in any person to any
pew or pews. [See Leg. Assem. 1871, $1, p. 8, post.) -
Vestry may have SEC. 206. That the vestry of every parish, and their successors,
* * * * (by the name aforesaid,) shall be for ever hereafter able and capable
€ SllêCl. in law to sue and be sued, plead and be impleaded, answer and be
Ibid., sec. 32. answered unto, defend and be defended, in all or any courts of jus-
tice, and before all or any judges, officers or other persons whatso-
ever, in all and singular actions, matters and demands whatsoever;
and that it shall and may be lawful for them, and their successors,
for ever hereafter, to have a common Seal for their use, and the same,
at the will and pleasure of them, and their successors, to change,
sº break and make anew, from time to time, as they shall think
est. -
Convention may SEC. 207. That it shall be lawful for the convention of the Prot-
*::::::::::: * * estant Episcopal Church in this state to divide or unite parishes, as
parishes. Occasion may require, and to alter their bounds, and to constitute
Ibid., Sec. 38, new parishes; and vestrymen and churchwardens of such new par-
ishes shall be chosen as hereinbefore provided, and shall have per-
petual succession, and be incorporated, by the name of The Vestry
of such new parish, and such vestry and churchwardens shall have
all the powers hereby granted in this act to other vestrymen and
churchwardens: Provided always, That a majority of the members
of the Protestant Episcopal Church, qualified to vote for vestrymen,
residing in any parish, or part or parts of a parish or parishes, pro-
posed to be added to any new parish or parishes, or to be consti-
tuted into a new parish, shall consent thereto.
Select vestry act SEC. 208. That immediately after the election of vestrymen on
repealed. the next ensuing Easter Monday, as herein before directed, the act,"
Ibid., sec. 34, entitled, an act for the establishment of select vestries, and all the
'Mar, 1779,ch. 9, supplementary acts thereto, shall be and hereby are repealed. -
Aº of act SEC. 209. The act of the legislative assembly of the District of
; jº : º: Columbia entitled “An act for the relief of parishes of the Protes-
†. tant Episcopal Church in the District of Columbia,” approved June
pal churches. twenty-sixth, eighteen hundred and seventy-three, is hereby ap-
Mar. , 28, 1879, 18 proved; and all acts now in force in the District of Columbia, incon-
sº. gº”, “ sistent therewith, are hereby repealed.
• 2 rvº • [NOTE.-The act of the District legislature, here referred to, 1873,
ch, 57, is contained in the following four sections:]
Qualification for SEC. 210. That in any parish of the Protestant Episcopal Church
§ * * now existing in said District, or hereafter organized therein, resi-
ng OInce. dence within the limits of the parish shall no longer be prescribed as
a qualification for voting at parish elections or other business meet-
ings of the parish, or for holding office in the same ; but any male
member of the congregation above the age of twenty-One years may
be admitted to vote at parish meetings, and shall be qualified to hold
office in such parish, who shall own or lease a pew or part of a pew
in the parish church, or, in case the pews are free, shall be a stated
CHAPTER XV.-CORPORATIONS. - 153
worshiper in the church, and who shall have been entered on the
books of the parish, as required by existing law, and shall have
complied with the other requirements of said law, or with such other
conditions as a majority of the qualified voters of the parish may
hereafter adopt at a parish meeting called for the purpose : -
Provided, That in the case of a newly organized parish all male . Proviso, in case
members of any church or congregation in communion with the i. ºrgan.
Protestant Episcopal Church in the District of Columbia, of full age p e
and uniting in the organization of such new parish, shall be quali- ...e.g. Assem;,
fied to vote at the first election of vestrymen thereof. 1873, p. 128, sec. 1.
SEC. 211. That hereafter vestries of the Protestant Episcopal Vestries not re-
Church shall not be obliged to meet on any stated days or at any ‘....: mººn
particular place, but only at such times and places as they may find * * *
most convenient ; and if any vacancy shall happen in Vestries after vacancies in,
their election, or any person elected a vestryman shall refuse to serve, how filled. 5
then the other vestrymen shall have power to appoint a person
Or persons, as the case may be, to serve until the next succeeding
election; and any parish, by a vote of the majority of its qualified
voters may at any parish meeting provide that the wardens of such Yº...! how
parish shall be elected in the same manner as vestrymen, and be * * *
members of the vestry; and vestries shall have power to make
all rules and regulations respecting the temporal government and
support of their respective parishes, not inconsistent with public
law. - / Ibid., sec. 2.
Power of ves-
tries.
SEC. 212. That vestries now existing shall be regarded as legally 9rganization of
constituted, notwithstanding irregularities in their election or defect ºf...estries
of qualifications in the voters by whom they were elected, and are o
hereby confirmed in their offices until the period appointed by law Ibid. Sec. 3.
for the next election of vestries.
SEC. 213. That all acts or parts of acts now in force in the District . Laws as to
of Columbia respecting the right and privileges of associate rector . º: .
in º of the Protestant Episcopal Church in said District be repealed.
and the same are hereby repealed.
Ibid., sec. 4.
SEC. 214. The vestry of Rock Creek parish, in said District, be, , Certain privi-
and hereby are, invested with all the privileges and immunities with *.*.*. :
respect to the cemetery attached to St. Paul’s Church, in said parish, ...
* *, * e parish, as UO Ceme
as are conferred upon cemetery associations organized under the tery. -
fifth section of the act of Congress passed on the fifth day of May,
eighteen hundred and seventy. - - nº § #i € *:
1, p. 8.
SEC. 215. So much of the act of the General Assembly of the State , Provisions as to
of Maryland, passed in the year seventeen hundred and ninety-eight, #º Of f'.
entitled “An act for the establishment of vestries for each parish in jºi...º.º.º.
the State,” as requires residence within the parish limits as a quali- qualifications of
fication of voters at a parish election, shall hereafter be held to be voters.
complied with by the admission of all persons owning or leasing a Lee. Asse.
pew in any church or chapel of the said St. John’s parish to vote at Jan. ii), isºg, see.
such elections, or other business meeting of the said parish, on the 1, p. 51.
Same terms and under the same restrictions as are now provided in
the case of resident parishioners.
SEC. 216. In any free church or chapel of the said parish in which Qualifications of
the pews are not sold or leased, the qualifications of voters shall 㺠Certain
be determined by a vote of a majority of the stated worshipers in *
said church or chapel, at a meeting duly named for that purpose Ibid., Sec. 2, p.
by at least [ | week's public notice in one or more newspapers *.
of the District of Columbia; and such qualifications, so determined,
shall be made known, published, and declared in the manner pro-
* by the act of Seventeen hundred and ninety-eight, as afore-
Sal (1.
154
CHAPTER xvi.-CRIMES AND OFFENSES. -
Provisions of SEC. 217. The provisions of this act shall º to any other par-
this act to apply
to any other par-
ish desiring to
avail itself of the
Sà,DO €.
Ibid., Sec. 3, p.
.51. -
Proviso.
ish of the Protestant Episcopal Church in the
which may desire to avail itself of the same, by a three-fourths vote,
favorable thereto, of the rector and vestrymen in vestry meeting
assembled: Provided, That two weeks’ notice be given, through
some newspaper published in said District, that a meeting of the
said vestry is to be called for that purpose; and such vote shall be
made known in manner provided by the act of Assembly of seven-
istrict of Columbia
teen hundred and ninety-eight aforesaid.
Sec.
1.
19.
20.
21.
. Rape; punishment for.
23.
24.
25.
26.
27.
28.
29.
CHAPTER SIXTEEN.
CRIMES AND OFFENSES.
Penitentiary offenses. (NOTES. —
Common law offense where cogni-
zable. “Ransomed” definition of ;
where sentences to be executed.)
. Capital crimes not specially provided
for, how punished.
. Other crimes not provided for, how
punished. º
Whipping abolished ; other punish-
ment provided for.
. Disorderly conduct, how punished.
. Expenses of criminal process.
. Murder.
. Punishment of death to be by hang-
ing.
. Murder, jurisdiction where injury
inflicted in one district and death
occurs in another.
. Manslaughter.
. Same, how punished.
. Provisos to preceding section.
. Abortion, how punished.
. Same, aiders or assistants in, how
punished.
. Same, exemption in favor of regular
physician.
. Same, penalty for selling abortion
drugs.
. Same, druggists to register abortive
prescriptions.
. Same, punishment for selling, offer-
ing for sale or advertising abor-
tives.
Same, coroner to analyze abortives.
Same, offenders under previous 7
Sections, competent witnesses
against each other.
Arson; punishment for.
Same, assault with intent to commit :
punishment for.
Carnal and unlawful knowledge of
females under 16, to be felony.
Adultery, how punished. (NOTES. —
Money fines completed. Tobagoo
fines how discharged.)
Depredations on houses ; penalty.
Bºry and housebreaking ; pen-
alty. -
Unlawful entries with intent to de-
stroy property, etc.; penalty.
Sodomy. Certain other crimes,
Breaking houses with intent to kill,
etc. Accessories. (NOTES-Pen-
talies for.)
37.
38.
39.
40.
. 41.
42.
43.
45.
46.
47.
48.
49.
50.
51.
52.
53.
54.
55.
56,
57.
. Forcible entry : punishment.
. Same, restitution, when.
. Horse-stealing, mayhem, bigamy, or
accessory; punishment.
. Mayhem, defined.
. Bigamy.
(NOTE.-Construing “be-
yond the seas.”)
. Perjury and subornation of perjury ;
Penalty.
. Perjury defined. Same at common
law. (NOTE.-Same, effect of con-
viction of.) .
Subornation of perjury, defined.
Convicted under sections 36 and 37,
persons disqualified as witnesses.
Forgery, counterfeiting, uttering, etc.
Penalty for. (NOTE.—Forgery at
Common law.
Grand larceny ; punishment.
Larceny or destruction of bills, notes,
etc.; punishment.
Stealing Or injuring books, maps,
erc., of United States; punish-
ment.
Receiving stolen property ; punish-
Iment.
. Petty larceny, and receiving ; second
conviction for ; punishment.
Larceny from the person, a felony ;
penalty.
Attempt to commit larceny from the
person ; penalty.
False pretenses ; keeping a faro or
gaming table; penalty.
Accessory after the fact, in felonies ;
penalty.
Duels, challenging to fight ; penalty.
Duels, sending challenge to fight;
penalty.
Duels, assaulting etc., for refusal to
fight ; penalty.
Duels, evasions of law by going out
Of District.
Duels, bar to proceedings, in what
Ca,Se.
Embezzlement of effects of District
of Columbia ; penalty.
Embezzlement of effects of private
citizens; penalty.
Stealing, Secreting, etc., of books,
etc., property of District of Colum-
bia ; penalty.
Secreting, removing, altering, etc.,
records, books, etc., property of
District of Columbia; penalty.
CHAPTER xvi.-CRIMES AND OFFENSES.
Sec.
58.
59.
60.
61.
63.
64.
'65.
66.
67.
'68.
'69.
70.
‘71.
72.
"73.
"74.
75.
"76.
:85.
87.
.88.
89.
'91.
'92.
‘93.
Buying or receiving embezzled goods,
etC.
Petty larceny, receiving or buying
chattles knowing same to be stolen;
penalty.
Lottery tickets, sale of ; penalty.
Informers share of penalty.
Same subject ; contract of sale
void.
. Policy lottery; policy shop and sale
of tickets, etc., prohibited ; pen-
alty.
Policy, permitting house to be used
for ; penalty.
Gift enterprises prohibited ; repeal
of act of legislative assembly re-
lating thereto.
Same ; penalty for.
Police court, appeal from, and final
judgment. (NOTE.-Per later law.)
Enlistment of criminals; penalty
for.
Officers of jail shall not take re-
wards etc.; penalty.
Selling, etc., liquor to
penalty. .
Same, by licensed vendors; pen-
alty.
Same subject, forfeiture of license.
Misprision of felony ; penalty.
soldiers;
Rioters shall be suppressed and im-
prisoned. (NOTE.-As to powers
of Commissioners.)
Same, they shall be arrested and
prosecuted as under the statute of
forcible entry. (NOTE.-For au-
thorities.)
Same, punishment of rioters; who
shall assist in suppressing riots.
Obscene literature, etc., circulation
of ; same, as to medicine to pre-
vent corruption or produce abor-
tion; penalty. (NOTE.—Posting
bills of immoral character; pen-
alty.
. Injury to trees, works of art, fences,
etc.; penalty.
. Trespass on land of another, etc.;
penalty.
. Trespass on improved or cultivated
lands etc.; penalty.
. Injury to cemeteries ; penalty.
. Bottles for mineral, etc., waters,
how rights of owners protected.
. Same subject, penalty for using, etc.,
marked bottles.
. Travel over Bennings bridge regu-
lated and discharge of firearms
thereon ; penalty.
. Adulterated food, or drugs; manu-
facture of food from diseased, etc.;
matter and Salethereof prohibited;
penalty.
Adulteration of drugs; penalty.
. Exceptions as to liability for.
Spurious food or drugs not to be
sold ; penalty. Proviso.
Compounded food and drugs, regu-
lations concerning ; penalty.
Food injuriously altered ; penalty.
. Onus of proof on defendant, when.
Impositions in sale of goods under
warranty ; penalty.
Forgery, etc., of warranty ; penalty.
False warranty, label, etc.; penalty.
Sec
110.
#11.
112.
113.
114.
115.
116.
117.
118.
119.
120.
94.
95.
96.
Analysis of food, drugs, etc.; regu-
lated.
Analysis, purchaser entitled to have.
Refusal to sell to officer, food or
drugs; penalty.
. Definition of “food,” “drugs.”
. Oleomargarine act not affected.
. Exempted articles, how known.
. Ballast cast into harbor, etc.; pen-
alty.
. Obstructions of channels; penalty.
. Boundaries, cutting down, etc.; pen-
alty.
. Same subject, unlawfully setting
up ; penalty.
. Same subject, as to prosecutions.
. Tobacco plants, destruction of ; pen-
alty.
. Blank writs, not to be delivered by
clerk ; penalty.
. Sabbath breaking ; penalty.
. Oleomargarine, making and Sale of
regulated ; packages to be labeled.
. Same subject, Selling or possessing
contrary to act ; penalty. In-
formers to get half penalty.
Same subject, misdemeanor to sell,
expose, for sale, etc.
Vehicles to keep to the right and
maintain distance.
Droppings from vehicles; penalty.
Bill posting regulated.
Petroleum, storage regulated.
Erection of buildings, provisions for
safety. (NOTE. –Regulation of
elevators.)
Public lamps, use regulated.
Same subject.
Raising false alarm of fire, in
church, theater, etc.; penalty.
Concealed weapons, carrying of ;
penalty.
Notorious or professional thieves,
etc., when arrested, how pun-
ished. (NOTE.-Vagrants, public
prostitutes, etc., open profanity
Or indecent language, etc., how
punished.)
. Trespassing and damaging parks in
front of houses, penalty ; owners
of lots, privileged, etc.
. Public parks, etc., injury to, pen-
alty.
. Penalty for violation of sections
121, 122.
. Trespass upon public parks, etc.,
penalty.
. Railroad trains, running of, regu-
lated.
. Fence across Long bridge.
. Railroads, obstruction of streets by;
deposit of freight regulated.
. Same, certain tracks to be fenced.
. Same, penalty for violation of sec-
tions 125–128.
. Same, speed of engines and cars
regulated. Proviso as to tunnels.
. Same, warnings at crossings; pen-
alty for failure.
. Same, sidewalks encumbered by
engines and cars; penalty.
. Same, as to laying new track or
altering grade; penalty.
. Same, to pave street, between rails.
156 . – CHAPTER XVI. —CRIMES AND OFFENSES.
Sec. Sec. -
135. Same, how tracts shall be laid: 149. Same subject; penalties for viola-
space between to be kept free of tion.
ice and snow. Penalty for viola- || 150. Same, no discriminating between
tion of Sections 130–135. persons who desire to buy or be
136. Same, to be notified of duties, etc. waited upon on account of color.
137. Capitol grounds; use regulated. 151. Same, regulating Sales; posting of
138. Same, obstruction of roads, etc. ~ list of prices, etc.
139. Same, sale of articles, etc, * 152. Same, list of prices to be filed, etc.;
140. Same, injury to statue, seats, etc. list to be evidence; notice to file
141. Same, loud, etc., language, etc. list. -
142. Same, parades and assemblages. 153. Same, same room and prices for all
143. Same, penalties for violation of this guests; proviso. -
ſ law. 154. Same, penalties imposed for viola-
144. Same, police and watchmen; duties tions of sections 148–153.
Of. 155. Criminals convicted to serve addi-
145. Same, preservation of Order. tional term on running away.
146, Same, national occasions, what per- || 156. Breaking prison; when felony.
mitted. 157. Priests and “clerks” exempt from
147. Same, who empowered to regulate arrest during divine service.
under section 146. 158. Penalty for arresting priests during
148. Scale of prices to be posted in res- divine service.
taurants, saloons, etc.
Penitentiary of SEC. 1. Every person convicted in any court in the District of any
fenses. of the following offenses, to wit: manslaughter,’ assult with intent
Sec. 1141, R. S. to kill, arson, rape, assault with intent to commit a rape,” burglary,
robbery, horse-stealing, mayhem, bigamy, perjury, or subornation
of perjury, larceny, if the property stolen is of the value of thirty-
five dollars or upward, forgery, obtaining by false pretenses any
goods or chattles, money, bank-note, promissory note, or any other
instrument in writing for the payment or delivery of money or other
valuable thing, Or keeping a faro-bank or other common gaming-
table, or petit larceny upon a second conviction, shall be sentenced
to suffer punishment by imprisonment and labor in the penitentiary
for the periods respectively prescribed in this chapter.”
D. C.
1 18 Stat., 473.
*135 U. S. Rep.,
444, Lane's case.
Capital crimes SEC. 2. All capital felonies and crimes not specially provided for
not specially pro- in this chapter, except murder, treason, and piracy, shall be pun-
vided for. ished by imprisonment and labor in the penitentiary for a period
Sec. 1145, R. S. not less than seven nor more than twenty years.
C - [See R. S. U. S., title “Crimes.”]
1 Čranch, C. C., 414, U. S. vs. Dixon.
Punishment for SEC. 3. Every other felony, misdemeanor, or offense not provided
other offenses. for by this title, shall be punished as provided by laws in force in
Sec. 1146, R. S. the District. j.
D. C. 2 Cranch, Ct. Rep., 38, U. S. vs. Smithers.
. Substitution of SEC. 4. Where, by any law in force prior to March second, eight-
imprisonment for een hundred and thirty-one, whipping was made a part or the whole
whipping. of the punishment, the court shall substitute therefor imprisonment
Sec. 1147, R. S. in the District jail for a period not exceeding six months.
D. C. . [See. R. S. U. S., § 5327.]
Punishment for SEC. 5. No person in the District shall be fined or imprisoned for
disorderly con- disorderly conduct, unless personally and individually guilty of acts
duct. _ disorderly in themselves. -
Sec. 1148, R.S. D. C. Act of July 29, 1892,27Stat., ch. 320, p. 322.
* The supreme court of the District has jurisdiction of all crimes known to the common law.
The word “ransomed,” as used in the English penal statutes in force in this District, means
severely fined ; 6 D. C. Rep., 53, U. S. vs. Griffin.
Where sentences to imprisonment for more than one year to be executed. Sec. 5541, R. S. U. S.
Cumulative sentences. 3 Mackey Rep., 136, Fry's case ; 3 MacArthur Rep., 24, Jackson's case.
Juvenile offenders, how punished; see sec. 47, ch.53, Penitentiary.
No right of *Pgº. in favor of the United States. 22 Wash. Law Rep., 404, U. S. vs. Ainsworth: 144
U.S. Rep., 310, U.S. vs. Sanges.
fThere are no common law offenses against the United States. 144 U. S. Rep., 678, U. S. vs. Eaton.
# ASSault and battery is a crime triable by jury, within the meaning of the Constitution. 9 Mackey
Rep., 570., I'm re Robinson.
CHAPTER XVI.-CRIMES AND OFFENSES. 157
SEC. 6. The necessary expenses incurred in the execution of crim: . Expenses of
inal processes within the District shall be chargeable to the United criminal Process.
States, as provided in this title. Sec. 1149, R. S.
. D. C.
SEC. 7. Every person who commits murder— Murder.
First. Within any fort, arsenal, dock-yard, magazine, or in any S
- 3. * > 3 > - :--~ + -- ~~3 - Al S >+. ec. 5339, R. S.
other place or district of country under the exclusive jurisdiction of U.S. -
the United States;” * 1 Mackey Rep.,
Second. Or upon the high seas, or in any arm of the sea, or in any 498, 567; Guiteau ;
river, haven, Creek, basin, or bay within the admiralty and mari- łº, Ct. º
time jurisdiction of the United States, and out of the jurisdiction of . , 65. * g R.
any particular State ; 79, U. S. vs. Bär.
Third. Or who upon any such waters maliciously strikes, stabs, ber; ibid., 365,
wounds, poisons, or shoots at any other person, of which striking, H.S. gº, Cº
stabbing, wounding, poisoning, or shooting such other person dies, .#. 4 % S.
e tº º º ºs _ e e tº 3. 3.C-
either on land or at sea, within or without the United States, shall i. i. 503 tº
suffer death. [See § 5823-5326, 5340, R. S. U. S.] - S. vs. Nardelió; i
Mackey Rep., 152, U.S. vs. Neverson. 4 Dall.,426, U. S. vs. McGill; 3 Wh., 336, U.S.
vs. Bevans; 5 Wh., 184, U.S. vs. Furlong; 5. Wh., 412, U.S. vs. Holmes; 12 Wh., 480,
U.S. vs. Marchant and Colson; 1 Wash.,463, U.S. vs. Magill; 1 Gallis, 624, U.S. vs.
Ross: 2 Mas., 91, U. S. vs. Cornell; 4 Mas., 505, U. S. vs. Freeman; 5 Mas., 28, U.S. vs.
Drew; 2 Blatch., 207, U. S. vs. Douglass. -
SEC. 8. The manner of inflicting the punishment of death shall be Punishment of
by hanging. [See § 5340, 5400, R. S. U. S.; $ 1093, R. S. D. C.) death by hanging.
Sec. 5325, R. S. U. S. - 9 Mackey Rep., 573, ea parte Cross; 143 U.S. Rep., 451,
Schwab vs. Berggren; 137 U.S. Rep., 495, Holden vs. Min.
AN ACT for the trial of murders, in cases where either the stroke or death only
happens within that part of Great Britain called England.
SEC. 9. For preventing any failure of justice and taking away all Murder, juris-
doubts touching the trial of murders in the cases hereinafter men- diction Xhº in-
tioned. - - Jury iºd j
º & Ollé. CllSt I’lC a.IlC
Be it enacted, That where any person, at any time after the twenty death occurs in
fourth day of June in the year of Our Lord one thousand seven another.
hundred and twenty-nine, shall be feloniously stricken or poisoned TA D-Iºn a
upon the sea, or at any place out of that part of the Kingdom of Geº.II chºi” "
Great Britain called England and shall die of the same stroke or 5 Brit. Stat. L.,
poisoning within that part of the Kingdom of Great Britain called 688.
England; or where any person, at any time after the twenty-fourth sº Mºº Rep.
day of June in the year of our Lord one thousand seven hundred . . ." §".
and twenty nine, shall be feloniously stricken or poisoned at any john. Rep., 52,
place within that part of Great Britain called England and shall Sibley vs. Guy; 76
die of the same stroke or poisoning upon the sea, or at any place out \d. Repg. 33°,
of that part of the Kingdom of Great Britain called England; in ****
either of the said cases an indictment thereof found by the jurors
of the county in that part of the Kingdom of Great Britain called
England, in which such death, stroke or poisoning shall happen
respectively as aforesaid, whether it shall be found, before the coro-
ner upon the view of such dead body or before the justices of the
peace, or other justices or commissioners, who shall have authority
to inquire of murders, shall be as good and effectual in the law, as
well against the principal in any such murder, as the accessessaries
thereunto, as if such felonious stroke and death thereby ensuing,
or poisoning and death thereby ensuing and the Offense of such
accessaries, had happened in the same county where such indict-
ment shall be found ; and that the justices of gaol delivery and
Oyer and terminer in the same county where such indictment
shall be found, and also any superior court, in case such indict-
ment shall be removed into such superior court, shall and may
proceed upon the same in all points, as well against the principals
in any such murder, as the accessaries thereto, as they might or
158 - CHAPTER xvi.-CRIMES AND OFFENSES.
Ought to do, in case such felonious stroke and death thereby ensuing,
or poisoning and death thereby ensuing, and the Offense of such
accessaries, had happened in the same county where such indictment
shall be found; and that every such offender, as well principal as
accessary, shall answer upon their arraignments, and have the like
defences, advantages and exceptions (except challenges for the
hundred) and shall receive the like trial, judgment, order and execu-
tion, and suffer such forfeitures, pains and penalties, as they ought
to do, if such felonious stroke and death thereby ensuing, or poison-
ing and death thereby ensuing, and the offence of such accessaries
º ºppened in the same county where such indictment shall be
Oll]]Cl,
Manslaughter, SEC. 10. Every person convicted [of manslaughter, or'] of any
etc. assault with intent to kill, shall be sentenced to suffer imprisonment
Sec. 1150, R. S. and labor, for the first offense for a period not less than two nor
D. C more than eight years, and for the second offense for a period not
6 Mackey Rep., e -
66, U. S. vs. Ang- less than six nor more than fifteen years.
ney; 1 Cranch, C. C., 411, U.S. vs. Norris; 1 Cranch, C. C., 444, U.S. vs. McLaughlin;
2 Cranch, C. C., 36, U.S. vs. Craig; 2 Cranch, C. C., 438, U. S. vs. Williams; 3 Cranch,
C. C., 205, U.S. vs. Anderson; Repealed, 18 Stat., 473.
Manslaughter: SEC 11. Whoever shall hereafter be convicted of the crime of man-
how punished slaughter, in any court of the United States, in any State or Terri-
Mar. 3, 1875. tory, including the District of Columbia, shall be imprisoned not
º§ss exceeding ten years, and fined not exceeding one thousand dollars.”
3 Sup. R. S., 80.
6 Mackey, Re This act shall not affect or apply to any prosecution now pending,
66, U. S. . º: or the prosecution of any offence already committed. -
ney; 4 Mackey Rep., 446, U.S. vs. Hamilton. R. S., sec. 5343.
Repeal. SEC. 12. All acts or parts of acts inconsistent with this act are
T.s...sec. 5318, hereby repealed: - - - i
* r * * * Provided, That said acts shall remain in force for the punishment
of all persons who have heretofore committed the crime of man-
slaughter.
Abortion, etc., SEC. 13. Any person who shall administer, or cause to be admin-
* Pºº istered, to any woman in any condition of pregnancy, any medicine,
Leg. Assem., drug, Substance, or thing whatsoever, with the intention thereby to
Jan. 19, 1872, Sec. produce a miscarriage by any such woman, or to prevent her from
1, §P; % thur giving birth to the child with which she may be pregnanit, or shall
Rºſſ tis... use on any such woman any instruments, or any other means for
May: 40 Mā. Rep. Said purposes, shall, in case of the death of said woman by any of
635, Hayes vs. said substance or means, or in case of the death of the child therefrom,
sº sº be guilty of manslaughter, and be punished, on conviction thereof,
3. * * by imprisonment at hard labor in the penitentiary of the District,
or in any penitentiary used by said District, for a period of not less
than four nor more than seven years, and be fined in a sum not exceed-
ing one thousand dollars. -
Abortion, aiders SEC. 14. Any person who shall aid or assist any one in producing,
. *ś, * or causing to be produced, an abortion as aforesaid, or advise, direct
ow punished. 5 2
or counsel any one to produce, or caused to be produced, any such
Ibid., Sec. 2, p. abortion, or permit or allow any abortion to be produced or caused
7. as aforesaid, or in any manner countenance or approve thereof, in
the event of the death of the woman pregnant, in consequence of any
abortion as aforesaid, or in the event of the death of the child, shall,
On conviction of any of the acts mentioned in this section, or referred
to, be punished by penitentiary imprisonment as aforesaid for not
less than three nor more than six years, and be fined not exceeding
2
five hundred dollars. -
.* giginal responsibility where death results from negligence. 21 Wash. Law Rep., 806, Ainsworth
1)S. U. S. - -
CHAPTER xvi.-CRIMES AND OFFENSES.
159.
\
SEC. 15. The preceding sections of this act shall not apply to any
case of abortion produced or caused by regular physicians for the
purpose of preserving the life of any woman pregnant, such induc-
tion of premature labor having been previously recommended by at
least one physician in Council; but it shall include and apply in all
other cases of actual abortion or attempted abortion, ending in the
death of the pregnant woman or of the child with which she may
be, or have been, pregnant, as mentioned in either of said sections.
SEC. 16. No druggist, pharmacist, dealer in medicine or medicines,
or any other person shall sell or furnish to any person or persons any
drug, medicine, or other substance known or presumed to be emmen-
agogue, ecobolic, or abortifacient, except upon the written prescrip-
tion of some graduated physician who has been licensed to practice
in the District of Columbia; and whoever shall unlawfully supply
or procure any medicine, drug, Substance, or fibing whatever, know-
ing that the same is intended to be unlawfully used or employed with
intent so to procure or assist in the miscarriage of any woman,
whether she be or be not pregnant, shall be guilty of a misdemeanor,
and shall, upon conviction, be punished by imprisonment in the Dis-
trict jail not less than three months nor more than one year, or by a
fine not exceeding one thousand dollars, or by both such fine and
imprisonment. [See § 76 of this chapter.]
SEC. 17. Any druggist, pharmacist, or dealer in medicine or med-
icines, who shall fill or compound any prescription as named in Sec-
tion four, shall, in a book especially provided for the purpose, cor-
rectly register the name of the physician prescribing, the name of
the person to whom sold or furnished, and a copy of said prescrip- *
tion or prescriptions, together with the date of the Sale or dispensa-
tion.
SEC. 18. It shall not be lawful for any person or persons to expose
for sale, or otherwise dispose of, or to advertise in any manner what-
ever, any substance or thing intended, or which may be employed,
to produce or assist in the miscarriage of any woman, whether she
be or be not pregnant. And any publisher or proprietor of a news-
paper or other publication, or the printer or utterer of any handbill, 28
circular, poster, or other means of advertising, who shall continue
to so publish, print, or utter the same, or of a similar import, five
days after he or they shall have been notified in writing by the Super-
intendent of Police of the unlawfulness thereof, shall be guilty of a
misdemeanor, and shall, upon conviction, be punished by imprison-
ment in the District jail not less than three months nor more than
one year, or by a fine not exceeding one thousand dollars, or by both
such fine and imprisonment. - -
SEC. 19. It shall be the duty of the Coroner of the District of
Columbia, whenever his attention is called to the probable violation
of the preceding section, to make, or cause to be made, an analysis
or other full description of such substance or thing as may have
been the cause or supposed cause of such violation.
SEC. 20. Every person offending against any of the provisions of
this act shall be a competent witness against any other person SO
offending, and may be compelled to appear and give evidence before
any magistrate or grand jury, or in any court, in the same manner
as other persons, but the testimony so given shall not be used in any
prosecution or proceeding, civil or criminal, against the person SO
testifying. -
SEC. 21. Every person convicted of the crime of maliciously, will-
fully, or fraudulently burning any dwelling-house, or any other
house, barn, or stable adjoining thereto, or any store, barn, or Out-
Exemption in.
favor of regular-
physicians.
Ibid., Sec. 3, p.
27.
Penalty for sell-
ing abortive drugs.
Ibid., Sec. 4, p.
27.
Druggists, etc.,
to register abor-
tive prescriptions.
Ibid., Sec. 5, p.
Punishin ment
for selling, offer-.
ing for sale or
advertising abor-
tives.
Ibid., Sec. 6, p. .
Coroner to make
analysis, etc.
Ibid., Sec. 7, pp.
28, 29.
Such offenders :
competent wit --
nesses a gainst.
each other.
Ibid., sec. 8, p.
29
fº/
Arson.
Sec. 1151, R. S. .
D. C.
160 - CHAPTER xvi.-CRIMES AND OFFENSES.
...Grapeh;Cºep, house having goods, tobacco, hay, or grain therein, although the
# 5 © §: Yº; same shall not be adjoining to any dwelling-house; or of maliciously
. C. Rep., 371, ...ip, a £r. } 85 ... " " --8 ~~<> . - ºr, 5
tº §. .';...” willfully, or fraudulently, and with intent to injure or defraud any
- other person or persons, or body politic or corporate, burning or
setting on fire with intent to burn, or attempting to set on fire or
burn, any house or out-house in the District, whether the same be
finished or in process of erection, though such house or out-house
shall not, at the time of such burning or setting on fire, or attempt-
ing to set on fire or burn, have any goods, tobacco, hay, or grain
therein, nor be adjoining to any dwelling-house, nor be occupied or
used for any purpose whatever; or of maliciously and willfully
burning any of the public buildings in the District, belonging to
the United States or to the District, or any church, meeting-house,
or other building for public worship, belonging to any voluntary
Society or body corporate, or any college, academy, School-house, or
library, or any ship or vessel afloat or building, or as being accessory
thereto, shall be sentenced to suffer imprisonment and labor for a
period of not less than one nor more than ten years for the first
offense, and not less than five nor more than twenty years for the
second offense. [See § 5387, R. S. U. S.] -
Rape. SEC. 22. Every person convicted of rape, or as being accessory
sec.T152, R, s, there to before the fact, shall be sentenced to suffer imprisonment
D. C. and labor, for the first offense for a period not less than ten nor more
than thirty years, and for the second offense for and during the
period of his natural life.
Assault with in SEC. 23. Every person convicted of an assault with intent to com-
ten to commit mit a rape, shall be sentenced to suffer imprisonment and labor, for
rape. * the first offense for a period not less than one nor more than five
Sec. 1158, R. S. years, and for the second offense for a period not less than five nor
... ..., , ... more than fifteen years. -
22 Wash. Law
Rep., 74, U. S. vs. Snowden.
Carnal and un- SEC. 24. Every person who shall carnally and unlawfully know
º º: any female under the age of sixteen years, or who shall be accessory to
..*.*.*... such carnal and unlawful knowledge before the fact in the District
Ony. of Columbia or other place, except the territories, over which the
United States has exclusive jurisdiction; or on any vessel within the
admiralty or maritime jurisdiction of the United States, and out of
Punishment the jurisdiction of any State or Territory, shall be guilty of a felony,
Feb. 9, 1889. and when convicted thereof shall be punished by imprisonment at
25 Stat., 658, hard labor, for the first offense for not more than fifteen years, and
chap. 120. for each subsequent offense not more than thirty years. .
Adultery, how SEC. 25. Every person or persons that shall commit adultery, and
punished. shall be thereof convict, either by confession, or verdict of twelve
Md. actiºns, ch. men, [in the provincial Or any of the county Courts of this province,
27, sec. 3. shall be fined, by the justices before whom such conviction shall be,
1 Pºsey, 15, three pounds current money [$8.] as aforesaid, or twelve hundred
łºśīs; pounds of tobacco [$20. |, [to the king's majesty, his heirs and suc-
w.iº cessors, toward defraying such county charges as aforesaid].”
ers; 43 Mol. Rep., - [See § 837, R. S. D. C.]
252, Griffin vs. Moore; 48 Md. Rep., 173, Shafer vs. Ahalt.
Depredation on SEC. 26. Every person who, in the District of Columbia, shall will-
fixtures in houses; fully and without color of right, enter into any occupied or unoccu-
penalty. pied dwelling-house or other building, the property of another, and
Apr. 17, 1878, shall cut, break, or tear from its place any gas-pipe, water-pipe door-
* All fines can be imposed only in money as computed by the following Maryland act: 1781, ch. 16
sec. 1, 2. Tobacco fines are dischargeable in money by Maryland act 1780, ch.23, sec. 3, in force in this
District. See note to the section on “Sabbath breaking.” *
The acts of Congress relating to polygamy, and unlawful cohabitation are not in force in this
District; 6 Mackey, Rep. 319; U. S. vs. Crawford. See also 91 U. S. Rep., 228; Pollard vs. Lyon.
Chapter xvi.-CRIMES AND OFFENSEs. 161
bell, or other fixture therein; or who shall, in such dwelling-house or 30 Stat; 36.
othér building, willfully and without color of right cut, break, or **P*S, 157.
tear down any wall, or part of a wall, or door, with intent to cut,
break, or tear from its º any pipe or fixture therein, shall, for º
the first offense, be fined not more than two hundred dollars, and be
imprisoned in the District jail not less than two months or more than
one year, and for any Subsequent offense shall be imprisoned in the
penitentiary for not less than one year or more than three years.
SEC. 27. Every person, his aiders, abettors, and counselors, who , Burglary and
shall either in the night or day, break and enter, or who shall in the h9 use breaking,
might-time enter without breaking into any dwelling-house, bank, etc.
store, Warehouse, shop, stable, or other building or any vessel, canal- July 12,1882.
boat, or water craft, or any railroad car, in the District of Columbia, , 39 Stat., 163,
with intent to commit any larceny or other felony or misdemeanor *P***
therein, shall be imprisoned not more than ten years. -
[Substitute for $ 1154, R. S. D. C.)
SEC. 28. Every person who shall enter any dwelling-house, bank, . Unlawful en-
store, warehouse, shop, stable or other building or any vessel, canal- * with intent
boat, or other water craft, or any railroad car, or any yard where § ºyin: .
lumber, coal, Or any sort of goods and chattels are deposited and kept on Aent. ' p
for the purpose of trade in the District of Columbia, with the intent sº O
maliciously to injure ordestroy any of the buildings, vessels, boats, or ****
cars, aforesaid, Or any part thereof, or any property or effects depos-
ited or kept therein, or any propèrty or effects deposited or kept in
Or upon any such yard Or with intent to slay, kill, maim, or assault
any person being in or upon any of the premises aforesaid, upon con-
viction thereof, shall be imprisoned not more than fifteen years.
This act shall not affect any offense committed or indictment found
before its passage. .*
SEC. 29. If any person shall be convicted before the said justices Certain crimes
of any of the crimes following, to wit: Any felony, [or manslaughter; º º:
or petty larceny;] [or an assault, with an intent to rob, [murder of je jº.;
Commit a rape]; or Sodomy;" [or breaking a dwelling-house in the to murder, etc.
daytime, with an intent to murder or commit a felony therein; or M
breaking a store-house, Warehouse, or other out-house, in the day 57 º; 1793, ch.
or night, with an intent to commit murder or felony therein; or ’’; Käty,445.
receiving stolen goods, knowing them to be stolen;] or forgery or 3 Har, and J.
erjury, at common law, or by act of assembly, or by statute intro- Rep; 154, Davis
uced into this state before the fourth day of July, seventeen hun- **
dred and Seventy-six; or subornation of perjury; or of being acces-
SOry to any of the said crimes to which by law there can be an acces-
SOry; that the said justices may pass such judgment ás the law
requires for such crimes.* -
SEC. 30. That none from henceforth make any entry into any lands Forcible entry
and tenements, but in case where entry is given by the law, and in Punishable.
such case not with strong hand, nor with multitude of people, but 5Richard II, ch.
Only in peaceable and easy manner. (2) And if any man from hence- 8, A. D. 1881.
forth do to the contrary, and thereof be duly convict, he shall be ... Alex. Brit. Stat.,
punished by imprisonment of his body, and thereof ransomed at the *p C. Rep., 45
King’s will. f [See § 684, title “Landlord and Tenant.”] - Adams vs. Horrº
6 D. C. Rep., 53, U.S. vs. Griffin ; ransomed means severely fined.
SEC. 31. That such judges, justices, or justices of the peace as by , Restitution may
reason of any act or acts of parliament now in force, are authorized, be ºwarded, on
and enabled upon enquiry, to give restitution of possession unto ...”.”
tenants, of any estate of freehold, of their lands or tenements, whic 3 *- w w -
shall be entred upon by force, or from them withholden by force, 1sº ch.
*For punishments of the foregoing crimes not º provided for, see secs. 1145 and 1146, R. S.D.C.
+ Confirmed by 15 Richard II, ch. 2. See Alex. Brit. Stat., 196.
11. C S
162 CHAPTER xvi.-CRIMES AND OFFENSES.
Alex, Brit.Stat., shall by reason of this present act, have the like, and the same
*†, R authority and ability from henceforth (upon indictment of such
237 ** **P forcible entries, or forcible withholdings before them duly found) to
º give like restitution of possession unto tenants for term of years, of
lands or tenements by them so holden, which shall be entred upon
by force, or holden from them by force. [5 R. 2, Stat. 1, c. 7; 15 R. 2,
c. 2; 8 H. 6, c. 9; 31 El. c. 11.] [See § 684, R. S. D. C., title, “Landlord and Tenant.”]
Horse stealing, SEC. 32. Every person convicted of horse-stealing, mayhem,
mayhem, bigamy: bigamy, or as being accessory to any of said crimes before the fact,
Sec. 1155, R. S. shall be sentenced to suffer imprisonment and labor, for the first
D. C. Offense for a period of not less than two nor more than seven years,
4 Stat., 448. and for the second offense for a period not less than five nor more
#. *...*; ºr, than twelve years.
id., Sec. 7, pp.
448, 449. 1 Cranch, C. C., 605, U. S. vs. Maxwell; 1 Cranch, C. C., 607, U. S. vs.
Toms; 2 Cranch, C. C., 252, U.S. vs. Krouse; 2 Cranch, C. C., 195, U.S. vs. Black.
May hem de- SEC. 33. If any person shall on purpose, and of malice aforethought,
fined. unlawfully cut out or disable the tongue, put out an eye, slit the nose,
Md. act 1793, ch, cut off the nose or lip, or cut off or disable any limb or member, of
58,sec. 12. any free person, servant, apprentice or slave, with intention in so
* Kilty,446, doing to maim or disfigure, in any of the manners aforesaid, such
person, that then and in every such case the person or persons so
offending, their counsellors, aiders and abettors, shall be and are
hereby declared to be felons, and shall be punished [as provided in
sec. 32].”
Bigamy. SEC. 34. That if any person or persons * * * being married, or
1 James I, ch, which hereafter shall marry, do at any time. * * * marry any
11, sec. 1, A. D. person or persons, the former husband or wife being alive ; that then
1604. every such offense shall be felony; and the party and parties so
*Brit. Stat. Lºº offending shall suffer * * * as in cases of felony. #
Provided always, That this act, nor anything therein contained,
shall extend to any person or persons whose husband or wife shall
be continually remaining beyond the seas by the Space of seven years
together, the one of them not knowing the other to be living within
that time.
Provided, also, * * * That this act, nor anything herein con-
tained, shall extend to any person or persons that are or shall be at
the time of such marriage divorced or to any person or persons where
the former marriage hath been or hereafter shall be by sentence in
the court declared to be void and of no effect ; nor to any person or
persons for or by reason of any former marriage had or made or
hereafter to be had or made Within the age of consent.
[See § 1155, R. S. D. C.]
Perjury and sub- SEC. 35. Every person convicted of perjury, or subornation of per-
ºrnation of Per jury, shall be sentenced to suffer imprisonment and labor, for the
Jury. _ first offense for a period of not less than two nor more than ten years,
Sec. 1156, R. S.; and for the second offense for a period of not less than five nor more
* * ** than fifteen years.
2 Cranch, Ct. Rep., 102, U. S. vs. Burford; 3 Cranch, Ct. Rep., 293, U. S. vs.
Thomas; 9 Mackey Rep., 424, U. S. vs. Jackson.
e - - y • e
Perjury defined. SEC. 36. If any person or persons, after the publication hereof,
Md. act 1692ch, either by subornation, unlawful, procurement, sinister persuasion,
16, Sec. 4. Or means of any other, or by their own act, consent or agreement,
*Mayhem also defined by sec. 5348, R. S. U.S. . -
f The British statute declared to be in force in Maryland by act of April, 1706, ch. 8; 1 Kilty, p. 85:
4. Cranch, Ct. Rep., 120 ; U. S. vs. Jennegen ; 1 Mackey Rep., 566, U. S. vs. Guiteau ; sec. 5352, R.S. U.
#. is not in force in this District. 6 Mackey Rep., 325; U.S. vs. Crawford, 102 U.S. Rep., 668, Page vs.
urnstine.
f Beyond the seas has been construed to mean beyond the jurisdiction. 2. How. Rep., 405, Rhodes vs.
Bell ; 1 Cranch, Ct. Rep., 475, Ferris vs. Williams; 2 Cranch, Ct. Rep., 112, Lee vs. Cassin.
CHAPTER xvi.-CRIMES AND OFFENSES. 163
wilfully and corruptly, commit any manner of wilful perjury, by 1 Kilty, 84.
their deposition in any court of record in this District [province, as #;"; 1. d
aforesaid, or being examined in perpetuam rei memorian; that then cli.; fl.
evey person and persons SQ offending, and being thereof duly convicted force by Md. act
[shall be punished as prescribed in section 1156. R. S. D. C.] and be from 1705, ch. 8.
thenceforth to be discredited and disabled for ever to be sworn in
any of the courts of record aforesaid, until such time the said judg-
ment be reversed ; upon which he, she or they, shall recover his, her
or their damages, in manner and form as is before mentioned. *
SEC. 37. If any person or persons whatsoever, from and after the Subornation, of
publication hereof, shall unlawfully or corruptly procure any wit- Pººl"Y defined.
ness or witnesses, by letters, rewards, promises, or by any other Ibid., sec. 2.
sinister, unlawful labour or means whatsoever, to commit any wil-
ful and corrupt perjury, in any matter or cause whatsoever, now
depending, or which hereafter shall depend in suit and variance, by
any writ, action, bill, complaint or information, in anywise touch- r
ing or concerning any lands, tenements or hereditaments, or any i
goods, chattels, debts or damages, in any of the courts of record
within this province, or that shall unlawfully and corruptly procure
or suborn any witness or witnesses, from and after the ºft.
aforesaid, to be sworn to testify in perpetuam rei memoriam ; that then
every such offender or offenders shall, for his or their said offence,
being thereof lawfully convicted [be punished as prescribed by Section
1156, R. S. D. C.]
*
SEC. 38. No person or persons, being convict or attaint as afore- Disqualified as
said, shall be from thenceforth received as a witness, to be deposed .. in COurts
and sworn in any court of record within this District [province, * * }-
until such time as the judgment given against the said person or Tbid., Sec. 3.
persons be reversed, by attaint or otherwise. And that, upon every
such reversal, the parties grieved to recover his, her or their dam-
ages, against all and ever such person or persons, as did procure the
said judgment so reversed to be given against them, or any of them,
by action or actions upon his, her or their case or cases, according
to the common course of the laws of this District [province.]
SEC. 39. Every person convicted of having falsely forged and . Forgery, coun-
counterfeited any gold or silver coin, passing or in circulation within terfeiting, etc.
the District; or having falsely uttered, paid, or tendered in payment, Sec. 1157, R. S.
any such counterfeit or forged coin, knowing the same to be forged D. C.
and counterfeit; or of having aided, abetted, or commanded the sº ºneh, 9.Q.:
*e • , , 4-3 * *e e - e Aº ‘tº ;--> or 294, U. S. vs. Book;
perpetration of either of said offenses; or of having falsely made, "...ӎ".
altered, forged, or counterfeited, or caused or procured to be falsely 304 U. S. J. M.
made, altered, forged, or counterfeited, or having willingly aided Carthy.
or assisted in falsely making, altering, forging, or counterfeiting, , , 1 Maçkey. Rep.,
any paper writing, or printed paper, to the prejudice of the right of #9;º
tº A & 2 * * * ler; 2 Cranch
any other person, body politic or corporate, or voluntary association, Č. Rei., §"t.
with intent to defraud such person, body politic or corporate, or s. vs. Book; 4
voluntary association, or of having passed, uttered, or published, or Cranch, Ct. Rep.,
attempted to pass, utter, or publish, as true, any such falsely made, 394.J. S. *. Mo-
altered, forged or counterfeited paper writing, or printed paper, tº *.
the prejudice of the right of any other person, body politic or corpo-
rate, or voluntary association, knowing the same to be falsely made,
altered, forged, or counterfeited, with intent to defraud such person,
body politic or corporate, or voluntary association, shall be sentenced
to suffer imprisonment and labor, for the first offense for a period
not less than One year nor more than seven years, and for the second
Offense for a period not less than three nor more than ten years.
* Perjury at common law. See Md. act, 1793, ch. 57, Sec. 10; 2 Kilty, 445.
t Forgery at common law; Md, act 1793, ch, 57, sec. 10; 2 Kilty, 445.
164 CHAPTER xvi.-CRIMES AND OFFENSES.
Grand larceny. SEC. 40. Every person convicted of feloniously stealing, taking,
R and carrying away any goods or chattels, or other personal property,
sº 1159, R. S. of the value of thirty-five dollars or upward, or any bank-note,
MacArthur and promissory note, or any other instrument of Writing, for the pay-
Mackey, Rep. 375, ment or delivery of money or other valuable thing, to the amount
U. S. vs. Murphy; of thirty-five dollars or upward, shall be sentenced to suffer impris-
łº, *:::::: onment and labor, for the first offense for a period not less than one
.*...* nor more than three years, and for the second offense for a period
D
ers; 1 Cranch, C. -
gº 13, tºng º, not less than three nor more than ten years.
Cancey; i Cranch, C. C., 402, U. S. vs. Walker; 1 Cranch, C. C., 517, U. S. vs. Mc-
Pherson; 2 Cranch, C. C., 159, C. S. vs. Betty Read; 3 Cranch, C. C., 254, U.S. vs. Hol-
land; 4 Cranch, C. C., 335, U.S. vs. H. Thompson; 5 Cranch, C. C., 38, U. S. vs. Rob-
ertson; 5 Cranch, C. C., 492, Weston vs. U. S. \
Tºgeny or de; SEC. 41. If any person shall steal, or maliciously and feloniously
sº *::: * destroy, any bank-bill, promissory note or notes, bill of exchange,
bills, notes, etc. e 5 e - 8->
Order, receipt, warrant, draft, check, or bond, given for the payment
Sec. 1159, R. S. of money, or receipt acknowledging the receipt of money or other
D. C. property, Or any Government bonds or other securities, or stamps,
United States Treasury notes, or any public stocks of the value of
thirty-five dollars or upward, knowing the same to be such, any
such person shall be deemed guilty of a misdemeanor, and on con-
viction, shall be sentenced to suffer imprisonment and labor not
more than three years nor less than one year.
Stealing, injur- SEC. 42. Any person who shall steal, wrongfully deface, injure,
*ś etc., boºks, mutilate, tear, or destroy any book, pamphlet, or manuscript, or any
jº how #. thereof, belonging to the Library of Congress, or to any pub-
- º ic library in the District of Columbia, whether the property of the
ſº. 9, §§ United States or of any individual or corporation in said District, or
; §º so. who shall steal, Wrongfully deface, injure, mutilate, tear, Ór destroy
100. ” • 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
º one nor more than twelve months, or both, for every such
OTT6]].S63.
Receivingstolen SEC. 43. If any person shall receive or buy any goods or chattels, .
Troperty. or bank bill or #. or promissory note or notes, bill of exchange,
Sec. 1160, R. S. order, receipt, draft, warrant, check, or bond, given for the payment
. C. of money, or any Government bond, United States Treasury note or
º Mºgº ; notes, or other securities, or Government stamps or stocks, of the
.*.*.*.*... value of thirty-five dollars, or upward, which have been stolen,
Law Rep., 327, ti, knowing the same to be stolen, with intent to defraud the owners
S. vs. Lowenstein. thereof, every person so offending shall be deemed guilty of a mis-
demeanor, and, upon conviction, shall be sentenced to suffer impris-
onment and labor, not more than three years nor less than one year.
º: ºcely SEC. 44. Every person, upon a second conviction of larceny, where
.* the property stolen is under the value of thirty-five dollars, or upon
Ond conviction. - - - * - -
a second conviction of receiving stolen goods, knowing them to be
Sec. 1161, R. S. stolen, where the property stolen is under the value of thirty-five
D. C. dollars, shall be sentenced to suffer imprisonment and labor for a
1 Mac Arthur - - º
period not less than one year nor more than three years.
Rep., 179, U.S. ps. I y [See § ##. R. S. D. C. § 59 post.)
Cross ; MacArthur - -
and Mackey Rep., 375, U.S. vs. Murphy; 21 Wash. Law Rep., 227, U. S. vs. Lowen-
stein.
Larceny from SEC. 45. Whoever, in the District of Columbia, commits larceny
..º.º.º. * from the person of another shall be deemed guilty of a felony, and
other a felony.
CHAPTER XVI. —CRIMES AND OFFENSES. 165
shall, on conviction thereof, be punished by imprisonment not more Penalty.
than six years, or by a fine not exceeding one thousand dollars, or . *
- © !, g Mar. 3, 1883.
by both such fine and imprisonment. 22 Stat., 530.
SEC. 46. Whoever, in the District of Columbia, attempts to com- º: -
mit larceny from the person of another by any overt act, done with ...” €LC. ;
the intent to commit a larceny, shall be deemed guilty of a misde-º-
meanor, and shall, on conviction thereof, be punished in the police bid., see.*
court of the District of Columbia by imprisonment in the District
jail not more than one year, or by fine not exceeding five hundred
dollars, or by both such fine and imprisonment.
SEC. 47. Every person convicted of obtaining by false pretenses False preſenses:
any goods or chattels, money, bank-note, promissory note, or any º t º Ol
other instrument in writing, for the payment or delivery of money & g &
or other valuable thing, or of keeping a faro-bank or gaming-table, , Seg. 1163, R. S.
shall be sentenced to suffer imprisonment and labor for a period not "cºin vs. U. S
less than one year nor more than five years. . 22 wash. faw
Rep.,208; 2 Cranch, C. C., 60, U. S. vs. Porter; 3 Cranch, C. C., 441, U.S. vs. Wat-
kins; 4 Cranch, C. C., 83, U. S. vs. Hale ; 5 Cranch, C. C., 38, U. S. vs. Robertson : 5
Cranch, C. C., 378, U.S. vs. Ringgold; 5 Cranch, C. C., 390, U.S. vs. Milburn.
SEC. 48. Every person convicted of being an accessory after the , Agcessory after
fact in any felony, shall be sentenced to suffer imprisonment and the fact.
labor, for the first offense for a period not less than one nor more Sec. 1163, R. S.
than five years, and for the second offense for a period not less than D.C
- st 1 º Cranch, Ct.
two nor more than ten years. Rep., 174, U.S. vs.
Williams.
SEC. 49. If any person shall, in the District, challenge another to . Challenging to
fight a duel, or shall send or deliver any written or verbal message, fight a duel.
purporting or intending to be such challenge, or shall accept any Sec. 1164, R. S.
such challenge or message, or shall knowingly carry or deliver any D. C.
such challenge or message, or shall knowingly carry or deliver an is 3 Cºngº, Ct.
acceptance of such challenge or message to fight a duel in or Out of §ºs.”
the District, and such duel shall be fought in or Out of the District, e
and either of the parties thereto shall be slain or mortally wounded
in such duel, the surviving party, and every person carrying or
delivering such challenge or message, Or acceptance of such challenge
or message, and all others aiding or abetting, shall be deemed guilty
of felony, and upon conviction, shall be punished by imprisonment
and confinement to hard labor in the penitentiary for a term not
exceeding ten years, in the discretion of the court. -
SEC. 50. If any person shall give or send, or cause to be given or , Sending ch al-
sent, to any person in the District, any challenge to fight a duel, or *
to engage in single combat with any deadly or dangerous instru- Sec. 1165, R. S.
ment or weapon whatever, or if any person in the District shall D. C.
accept any challenge to fight a duel Orto engage in single combat with
any deadly or dangerous instrument Or weapon whatever, or shall be
the bearer of any such challenge, every person so giving or sending,
or causing to be given or sent, or accepting such challenge or being
the bearer thereof, and every person aiding or abetting in giving,
sending, or accepting such challenge, shall be deemed guilty of a
high crime and misdemeanor, and on conviction, shall be punished
by imprisonment and confinement to hard labor in the penitentiary,
for a term not exceeding five years, in the discretion of the court.
SEC. 51. If any person shall assault, strike, beat, or wound, or , Assaulting, etc.,
cause to be assaulted, stricken, beaten, or wounded, any person in for ...i. º 3.C.-
the District, for declining or refusing to accept any challenge to ****
fight a duel, or to engage in single combat with any deadly or dan- Sec. 1166, R. S.
gerous instrument or weapon whatever, or shall post or publish, or D.C.
166 CHAPTER XVI. —CRIMES AND OFFENSES.
cause to be posted or published, any Writing charging any such per-
son so declining or refusing to accept any such challenge, to be a
coward or using any other opprobrious or injurious language therein,
tending to degrade and disgrace such person for SO declining or
refusing such challenge, every person so offending, on conviction
thereof, shall be punished by confinement to hard labor in the peni-
tentiary for a term not exceeding three years, in the discretion of
the court. [See § 840, ſt. S. D. C.) -
Going out of the SEC. 52. If any person or persons, for the purpose of evading the
District to evade provisions of the three º Sections, shall leave the District,
the law. y previous arrangement or concert within the same, with the
Sec. 1167, R. S. intent to give or receive any such challenge without the District, and
D. C. . shall give or receive any such challenge accordingly, the person or
persons so offending shall be deemed guilty of a misdemeanor, and
e subject to the same penalties as if such challenge had been given
and received within the District.
Bar to proceed-, SEC. 53. Every offender may plead a former conviction or acquital
ings, in what ease for the same offense in any State or country; and the same being
Sec. 1168, R. S. established, shall be a bar to any further proceedings against Such
D. C. person under the preceding Section.
Embezzlement SEC. 54. If any officer, clerk, agent, or employee in the service of
º,º the District of Columbia, or in the service of any of the officers
. “ thereof, shall embezzle or wrongfully convert to his own use, or
fraudulently take, make way with, or secrete, with intent to em-
bezzle or fraudulently convert to his own use, or shall knowingly
and willfully or wrongfully sell or dispose of any money, goods,
rights of action, bonds, or obligations of the United States, or any
State, or any municipal or other corporation, foreign or domestic,
Feb. 4, 1878. Treasury notes, postage or revenue stamps, Warrants, or other valu-
, 30 Stat., 88, sec, able security or effects whatever, belonging to said District, or to
“s Sup. R.S.,151. any Pºison, government, or corporation, which shall come into his
T. possession or under his care by virtue of such office, clerkship,
IPenalty. agency or employment, he shall, on conviction thereof, be punished
by a fine not exceeding five thousand dollars or by imprisonment
not exceeding five years, or both.
Embezzlement SEC. 55. If any officer, clerk, agent, or employee in the service of
of fººts ºf Private any person, firm, association, or corporation shall, within the Dis-
citizens, etc. trict of Columbia, embezzle or wrongfully convert to his own use or
- fraudulently take, make Way with, or Secrete, with intent to em-
Ibid., sec. 2. bezzle or fraudulently convert to his own use, or shall knowingly
and willfully or wrongfully sell or dispose of any money, goods,
rights of action, bonds, or obligations of the United States, or any
State, or any municipal or other Corporation, foreign or domestic,
Treasury notes, postage or revenue Stamps, Warrants, or other valu-
able security or effects Whatever, belonging to such person, firm,
association or corporation, which shall come into his possession or
under his care by virtue of Such office, clerkship, agency or employ-
ment, he shall on conviction thereof, be punished by a fine not
Penalty. exceeding five thousand dollars or by imprisonment not exceeding
five years, or both. y -
Books, etc., of SEC. 56. All records, books, files, maps, plats, surveys, drawings,
Yºg tº writings and other papers, of the late corporations of Washington
sº Georgetown, or of the levy court of the District of Columbia, or
ion; tº strict made by persons in the employment or service of either of them, or
of the District of Columbia, in the course of such employment or
service, or which shall hereafter be so made, are, and shall be the
property of the District of Columbia ;
CHAPTER XVI. —CRIMES AND OFFENSES.
167
And whoever shall steal any such record, book, file, map, plat, -punishment for
survey drawing or other paper, or instruments used in Surveying
or engineering work, such property of said District of Columbia shall
upon conviction thereof, be imprisoned not more than three years,
or pay a fine not exceeding five thousand dollars or both, without
reference to the value of the property or thing SO taken.
SEC. 57. All persons who shall willfully secrete or remove from
the office, room or place where the same are usually kept, any rec-
Ord, book, file, writing, paper map, plat, Survey, drawing, field note,
or any note in reference to the same, or instruments used in Survey-
ing or engineering work, the property of the District of Columbia,
or within the care or custody of the Commissioners of the District
of Columbia, or of any officer or employé of said District, or shall
alter, change, deface, obliterate or destroy the same or who having
removed from such office room or place where the same was usually
kept any article or thing hereinbefore named, or who having come
into possession of any such article or thing, so removed, and who
knowing such to be the property of the District of Columbia shall
hereafter on demand of the Commissioners of said District, their
agent or attorney, refuse or neglect forthwith to return the same,
shall be guilty of a misdemeanor, and upon conviction thereof shall
be imprisoned not more than three years, or be fined not exceeding
five thousand dollars, or both.
. *
SEC. 58. Every person who shall buy, or in any Way receive, any
money, goods, rights in action, Government bonds, United States
Treasury notes, or other valuable security or effects whatever, or
Government stamps, knowing the same to have been embezzled,
taken, or secreted, contrary to the provisions of the two preceding
Sections, shall, upon conviction, be punished in the same manner
and to the same extent as therein prescribed upon a conviction of a
servant, clerk, or agent for such embezzlement. -
SEC, 59. If any person shall steal any money, or other goods and
chattels of any kind whatever, of less value than thirty-five dollars,
the property of another, or shall steal or maliciously destroy any
bank-bill, promissory note, bill of exchange, Order, warrant, draft,
check, or bond, or any accountable receipt for money, given for the
payment or acknowledgment of any sum under thirty-five dollars,
or any United States Treasury note or Government stamps of less
value than thirty-five dollars, the property of another, or shall
receive or buy the same, knowing the same to be stolen, for the
purpose of defrauding the owner thereof, every such person so
offending, on conviction thereof, shall make restitution to the party
injured in twofold the value of the property stolen or destroyed,
and be fined in any sum not exceeding two hundred dollars, or shall
be imprisoned in the jail of the District for any time not exceeding
six months, or both, at the discretion of the court. [See § 44 ante.]
SEC 60. It shall not be lawful to keep within the District any
Office or place of business for the sale of lottery-tickets, or of any
share or interests in lottery-tickets, nor shall it be lawful to sell or
offer for sale within the District any lottery-ticket or any share or D
interest in any lottery-ticket ; and every person who shall be duly
convicted of offending against the provisions of this section shall
be punished by imprisonment in the District jail for a period not
less than one nor more than six months, and shall forfeit and pay a
fine of not less than one hundred nor exceeding one thousand dollars,
One-half of which shall go to the informer and the other half to the
District. [See §§ 402, 403, R. S. D. C.)
Stealing, Secreting,
etC.
Ibid., Sec. 3.
Penalty for se-
Creting, removing,
altering, etc.
Ibid., Sec. 4.
Buying or re-
ceiving.
Sec. 1171. R. S.
D., C.
Petty lar ceny ;
receiving; penalty.
Sec. 1173, R. S.
D. C.
2 Cranch, C. C.,
65, U.S. vs. Hauk-
ey; 2 Cranch, C.
C., 133, U. S. vs.
Negro Henry
Bowen; 2 Cranch,
C. C., 364, U.S. vs.
Rigsby.
Sale of lottery-
tickets.
Sec. 1174, R, S,
. C.
168 Chapter xvi.-CRIMES AND OFFENSEs.
Contract of sale SEC. 61. The contract of sale for such lottery-tickets, or share or
Void. interests in such lottery-tickets, shall be absolutely void, and any
Sec. 1775, R. S. person paying therefor shall have a right to recover back the money
. C. paid as money paid on a void consideration. -
Policy-lottery or SEC. 62. That if any person shall, within the District of Columbia,
policy shºp in Pisº keep, set up, or promote, or be concerned as owner, agent, clerk, or
- º: in any other manner, in managing any policy-lottery or policy-shop,
...iii.” or shall sell or transfer any ticket, certificate, bill, token, or other
device purporting Or intended to guarantee or assure to any person,
#'s. 1. ch, or entitle him to a chance of drawing or obtaining a prize, or share
68 e.” ” “ of, or interest in, any prize to be drawn in any lottery, or in the
3 Sup, R.S., 158. game or device commonly known as policy-lottery or policy; or shall,
...Mackey Rep, for himself or another person, sell or transfer, or have in his posses-
* "ºp "; sion, for the purpose of sale or transfer, or shall aid in selling,
#ep. 104 U.S. vs. exchanging, negotiating, or transferring a chance or ticket in, or
King. share of a ticket in, any policy-lottery, or any such bill, certificate,
t token, or other device, he shall be deemed guilty of a misdemeanor,
and upon conviction thereof, shall forfeit and pay a fine of not more
than five hundred dollars, or be imprisoned in the District jail not
less than two months or more than one year or both in the discretion
of the court.
Perm i t t in g SEC. 63. That if any person shall knowingly permit in any house
º #. b; º: under his control, in the District of Columbia, the sale of any chance
iºni. ” or ticket in, or share of a ticket in, any lottery or policy-lottery, or
.. policy-shop in such house, he shall be deemed guilty of a misde-
Ap;39, 18.3. , meanor, and, upon conviction thereof, shall be fined not less than
º 2 *sº fifty dollars or more than five hundred dollars, or be imprisoned in
i. s. 315. the District jail not less than two months or more than one year, or
5 both, in the discretion of the court.
Gift enterprises; SEC. 64. So much of the act of the legislative assembly of the Dis-
iº *...* trict of Columbia entitled “An act imposing a license on trades,
º business, and professions practiced or carried on in the District of
- Columbia,” approved August twenty-third, eighteen hundred and
Sec. 1170, R. S. seventy-one, as authorizes gift-enterprises therein, and licenses to
, C be issued therefor, is disapproved and repealed, and hereafter it shall
be unlawful for any person or persons to engage in said business in
any manner as defined in said act or otherwise.
Penalty for en- SEC. 65. Every person who shall in any manner engage in any
§ *... gift-enterprise business in the District shall, on conviction thereof
erprise in the police court, on information filed for and on behalf of the
Sec. 1177, R. S. District, pay a fine not exceeding one thousand dollars, or be impris-
D. C. oned in th. District jail not less than one nor more than six months,
or both, in the discretion of the court.
Appeal frº SEC, 66. In such cases, any party deeming himself aggrieved by
#.ºu." judgment of the police court may appeal therefrom to the supreme
Judg court of the District in the usual manner, and the judgment of said
pº 1178, R. S. Court shall be final. *
. Procuring en- SEC, 67. It shall be unlawful' for any person, with knowledge of
ºniº the fact, to present or offer to any recruiting agent or officer, or any
; I * mustering officer in the United States military or naval service, either
Sec. 1179, R. S. as a volunteer or as a substitute for any person, any person charged
D. C. with the commission of any criminal offense, and confined or held
on bail for the trial of such offense within the District ; and it shall in
like manner be unlawful for any person, in any way or manner, to
* See act of Congress, March 3, 1891, ch. 536, 20 Stats., 848; 2 ed. Sup. R. S., 911.
CHAPTER xvi.-CRIMES AND OFFENSES.
169
abet, aid, or assist in procuring the Offer or acceptance of any person
so charged or held for trial, or released on bail and awaiting trial,
either as a volunteer or as a substitute for any person drafted, or lia-
ble to draft, in the military or naval service of the United States,
whether the person so drafted, or liable to draft, shall be a resi-
dent of the District, or shall reside elsewhere. And any person who
shall knowingly offend against any of the provisions of this section
shall be deemed guilty of a misdemeanor, and shall, upon conviction,
be punished by a fine of not less than two hundred and fifty dollars
and not more than one thousand dollars, and by imprisonment in
the District jail for a term not less than six months nor more than
One year,
SEC. 68. Any officer of the District jail, or any guard thereof, or
any attaché or employé connected therewith, who shall demand,
or directly or indirectly receive, any compensation, fee, reward,
or gratuity for any information given in respect to any prisoner
confined therein, or awaiting trial upon bail, or for any service,
Penalty for offi-
cers of jail to re-
ceive rewards.
Sec. 1180, R. S.
D. C.
assistance, or influence rendered, given, or exerted, with any view,
intent, or purpose of having such person thus charged or held for
trial, or held on bail to await trial, taken, offered, or used, either as
a volunteer or as a substitute, for any other in the military or naval
service, or who shall corruptly receive, for any act done by virtue of
his office or employment, any fee, compensation, reward, or gratuity,
shall be deemed guilty of a misdemeanor, and shall on conviction be
punished by a fine of not less than two hundred and fifty dollars,
and not more than one thousand dollars, and by imprisonment in the
District jail for a term not less than three months nor more than one
year.
SEC. 69. It shall not be lawful for any person in the District to
sell, give, or administer, to any soldier or volunteer in the service of
the United States, or any person wearing the uniform of such soldier
or volunteer, any spirituous liquor Or intoxicating drink; and any
person offending against the provisions of this section shall, on P
conviction thereof, pay a fine of twenty dollars, or, in default of such
payment, be committed to the District jail for thirty days.
SEC. 70. Any person licensed to sell spirituous liquors or intox-
icating drink within the District, who shall suffer or permit any
soldier or volunteer in the service of the United States, or any per-
son wearing the uniform of such soldier or volunteer, to drink any
spirituous liquor or intoxicating drink upon his premises, shall be D
deemed guilty of the same offense mentioned in the preceding section,
and, upon conviction, shall be punished accordingly.
SEC. 71. Any person convicted under the provisions of the two
preceding sections shall forfeit his license to sell spirituous liquor
and intoxicating drink.
SEC. 72. Every person who, having knowledge of the actual com-
mission of the crime of murder or other felony, upon the high seas,
Or within any fort, arsenal, dock-yard, magazine, or other place or
district of country under the exclusive jurisdiction of the United U.S
States, conceals, and does not as soon as may be disclose and make
known the same to some one of the judges or other persons in civil
Or military authority under the United States, is guilty of misprision
of felony, and shall be imprisoned, not exceeding three years, and
fined not exceeding five hundred dollars.
SEC. 73. Item, whereas at the Parliament holden at Westminster
the fifth year of the reign of our sovereign lord the King that now is;
Selling intoxi-
Cating drinks to
Soldiers; penalty.
Sec. 1181, R. S.
. C.
Penalty of per-
Sons licensed, per-
mitting, etc.
Sec. 1182, R. S.
. C.
Forfeiture of li-
CGITSé.
Sec. 1183, R. S.
D. C.
Misprision of
felony.
Sec. 5390, R. S.
Apr. 30, 1790, c.
9, Sec. 6.
1 Stat., Sec. 6, p.
113,
Rioters shall be
Suppressed and
imprisoned.
I/O Chapter xvi.-CRIMES AND OFFENSEs.
f \
17 Richard II, forasmuch as villaines and other offenders of late have risen by assem-
ch. 7. blies and outrageous numbers in divers parties of the realm, against
Alex. Brit.Stat., the King's dignity and his crown, and the laws of his land; it was
sº Cranch, Ct straintly defended by the King to all manner of people, that none
'all CD, CU,
Rep., 163, U. S. vs from henceforth should make, or begin again, such riot or rumor, nor
§. ja. other like; and if any man did, and that duly proven, he should be
Cranch, Ct. Rep., taken as a trayter to the King and his realm. Nevertheless a griev-
601, U. S. vs. Pla- ous complaint was made to our sovereign lord the King at this present
tº: S ibid., sº Parliament that diverse people, not having consideration to the said
welſ: isia. §. defence, as well in the counties of Chester, Lancaster, and elsewhere
tj.S. vs. Fenwick in England, have made such assemblies in Outragious manner, to
accomplish their malice against the King’s peace, his crown, his dig-
nity and the laws of his land: Wherefore our sovereign lord the
Ring in this present Parliament hath descended (defended) to all the
liege people, as well lords as other, of whatsoever estate that they be,
that mone shall make such assemblies, riot, or rumor against the
peace in no wise; and if any such assembly be begun as soon as the
sheriffs and other the King’s ministers may thereof have knowledge,
they with the strength of the county and country, where such case
shall happen, shall set disturbance against Such malice with all their
power, and shall take such offenders and put them in prison, till due
execution of the law be of them made, and that all lords and other
liege people of the realm, shall be attending with all their strength
and power to the sheriffs and ministers aforesaid.*
º º * SEC. 74. That if any riot, assembly, or rout of people against the
.*.*... law, be made in parties of the realm, that the justices of peace,
the statute of three, or two of them at the least, and the sheriff or under-Sheriff of
forcible entries, the county where such riot, assembly, or rout shall be made here-
15. Henry IV, after, shall come with the power of the county (if need be) to arrest
chi, Ālī) is 11.’’ them, and shall arrest them ; (2) and the same justices and sheriff,
Alex. Brit. Stat., or under-sheriff, shall have power to record that which they shall
213. find so done in their presence against the law ; (3) and that by the
record of the same justices and sheriff, or under-sheriff, such tres-
passers and offenders shall be convict in the same manner and form
as is contained in the statute of forcible entries. (4) And if it hap-
pen that such trespassers and offenders be departed before the coming
of the said justices and sheriff, and under-sheriff, that the same jus-
tices, three, or two of them, shall diligently inquire within a month
#. after such riot, assembly, or rout of people so made, and thereof
shall hear and determine according to the law of the land.
The punishment - SEC. 75. Provided always, That the said justices, and other officers
:a::"; º. aforesaid, shall execute their offices aforesaid at the King's costs, in
ji assisi in sup: going and continuing in doing their said offices, by payment thereof to
pressing. be made by the sheriff of the same county for the time being, by inden-
- 2 Henry V, ch. 8 tures betwixt the sheriff and the said justices, and other officers
Xijit's... aforesaid, to be made of the payment aforesaid, whereof the said
218, 220. sheriff upon his account in the exchequer may have due allowance;
(2) and j such rioters attainted of great and heinous riots, shall
have one whole year’s imprisonment at the least, without being let
out of prison by bail, mainprise, or in any other manner during the
year aforesaid ; (3) and that, the rioters attainted of petty riots shall
have imprisonment as best shall seem to the King or his council;
(4) and that the fines of such rioters attainted, shall be by the said
justices increased and put to greater sums than they were Wont to
be put in such cases before this time, in aid and Supportation of the
*The common law requires sheriffs, constables, and other, peace officers to do all that in them lies
*:::: the suppression of riots, and they may command others to assist them. State vs. Mayhew, 2
ill, 501.
The Commissioners have power to order military assistance to aid the civil authorities to quell riots,
etc. Sec. 334, R. S. D. C. e
gi For prosecutions for forcible entries, see 6 D.C., Rep. 45, Adams vs. Horr ; and Ibid., p. 53, U. S. vs.
A
CHAPTER XVI. —CRIMES AND OFFENSES.
171
justices and other officers aforesaid in this behalf ; (5) and that the
King's liege people being sufficient to travel in the county where
such routs, assemblies, or riots be, shall be assistant to the justices,
commissioners, sheriff, or under-Sheriff of the same county, when
they shall be reasonably warned, to ride with the said justices, com-
missioners, and sheriff, or under-sheriff, in aid to resist such riots,
routs, and assemblies, upon pain of inprisonment, and to make fine
..and ransom to the King; (6) and that the bailiffs of franchises shall
cause to be impanelled sufficient persons as before, upon pain to lose
to the King forty pounds, in case that such sufficient persons may
be found within the same franchises; § and that like ordinances
and pains shall hold place, and take effect in cities, boroughs, and
other places and towns infranchised, which have justices of the
peace within the cities, boroughs, towns, and other places aforesaid ;
#, and that this statute shall begin to hold place presently after the
proclamation thereof made.
SEC. 76. Every person who, within the District of Columbia or
zany of the Territories of the United States, or other place within
the exclusive jurisdiction of the United States, sells, or lends, or
gives away, or in any manner exhibits, or offers to sell, or to lend,
or to give away, or in any manner to exhibit, or otherwise publishes
..Or offers to publish in any manner, or has in his possession, for any
"Such purpose, any obscene book, pamphlet, paper, writing, adver-
tisement, circular, print, picture, drawing, or other representation,
figure, or image on Or of paper or other material, or any cast,
instrument, or other articles of an immoral nature, or any drug or
medicine, or any article whatever, for the prevention of conception,
Or for causing unlawful abortion, or who advertises the same for
Sale, or writes or prints, or causes to be written or printed, any card,
circular, book, pamphlet, advertisement, or notice of any kind,
stating when, where, how, or of whom, or by what means, any of the
articles in this section hereinbefore mentioned can be purchased or
Obtained, or manufactures, draws, or prints, or in any wise makes any
“Of Such articles, shall be imprisoned at hard labor in the penitentiary
for not less than six months nor more than five years for each offense,
or fined not less than one hundred dollars nor more than two thousand
dollars, with costs of court.* [See §§ 1785, 2491,2492, 8893, R. S. U. S.]
PROTECTION OF GARDENS, GROUNDS, ETC.
SEC. 77. Every person who, in the District, shall willfully and
Imaliciously, or wantonly, and without cause, cut down or destroy,
or by girdling, lopping, or otherwise, injure any fruit or other tree,
Thot his own, standing or growing for shade, ornament, or other
useful purpose, or shall maliciously destroy, mutilate, or otherwise
injure any statuary, monument, or other work of art, standing or
being on land not his own, or shall maliciously break down or injure
any fence inclosing or belonging to another’s land, or shall mali-
ciously sever from the freehold of another any product thereof, or
anything attached thereto, shall be punished by imprisonment in
the District jail not more than three months, or by a fine not exceed-
ing one hundred dollars.
SEC. 78. Every person who, in the District, without color of right,
shall willfully commit any trespass by cutting down or destroying
any timber or wood standing on the land of another, or by carrying
away any kind of timber or wood cut down or lying on such land, or
by digging up or carrying away any stone, Ore, gravel, clay, sand, turf,
Or mold from such land, or any roots, fruit, or plant there being, or
Circulation of
obscene litera -
ture. +
Sec. 5389, R. S.
TJ. S.
3 Mar., 1873, c.
258, Sec. 1, v. 17, p.
598.
Injury to trees,
works of art, etc.
Sec. 1184, R. S.
I). C.
1 Cranch, Ct.
Rep., 314, U.S. vs.
Wagner.
* Penalty for bill-posting, etc., of an immoral character: Webb’s Digest, p. 47, see. 6. Applies to
Whole District. See Leg. Assem., July 3, 1871, ch. 8, p. 9.
Tres pass on
lands; carrying
away timber, Soil,
etc.
Sec. 1185, R. S.
D. C.
172 CHAPTER xvi. —CRIMES AND OFFENSES.
by cutting down or carrying away any grass, hay, grain, or corn,
standing or being On Such land, shall be punished by imprisonment.
in the District jail not more than sixty days, or by a fine not exceed-
ing sixty dollars. º
Trespass upon SEC. 79. Every person who, in the District, without color of right,
gardens, etc. shall willfully commit any trespass by entering upon the garden,
sec. 1156, R. S. orchard, or other improved land of another, with intent to cut, take,
D. C. carry away, destroy, or injure the trees, grain, grass, hay, fruit, or
vegetables there growing Or being, shall be punished by imprison-
ment in the District jail not more than forty days, or by a fine not.
exceeding fifty dollars.
Penalty for in- SEC. 80. If any person shall willfully or maliciously cut down,
jury to cemeter break down, level, demolish, or otherwise destroy, or injure, or
16S. damage any railing, fence, or inclosure around or upon any land
Sec. 1187, R. S. conveyed to any cemetery association, Or to the District, under the
D. C. provisions of sections five hundred and ninety-five and six hundred
and four, as a burial-place for the interment of the dead, or any gate.
or post thereon, or shall remove, break, injure, or deface any tomb,
or other stone, plank, or board, or any inscription thereon, or shall
cut down, destroy, injure, or remove any tree or shrub standing or
growing upon such land, he shall be liable to indictment, and, upon
conviction, be fined not less than ten dollars nor more than one
hundred dollars. [See § 595, 604, R. S. D. C.] *
Manufacturers SEC. 81. All manufacturers and venders of mineral waters and
º other beverages allowed by law to be sold in bottles, upon which
. of marks º: their names or marks shall be respectively impressed, may file with
on their bottles, the clerk of the Supreme court of the District a description of such
s. Hiss E. s. bottles and of the name or marks thereon, and shall cause the same
D." * * * to be published for not less than two weeks, successively, in a daily
or weekly newspaper, published in the District.
6.
Penalty, for SEC, 82. It shall be unlawful for any person, without the permis-
.# . º * sidn of the owner thereof, to fill with mineral waters or other bever-
** ages any such bottles so marked, for sale, or to traffic in any such
Sec. 1189, R. S. bottles so marked, and not bought by him of such owner, and every
D. C. 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 sub-
; offense, to be recovered as other fines are recovered in the
istrict. l
Regulatio; ºf SEC. 83. It shall not be lawful for any person to ride, drive, or
º tº: * lead any horse, mule, or other animal over the wooden part of the
g ge. :-- ~-2 tº e
- upper Eastern Branch Or Benning’s bridge at a faster gait than a
Sec. 1191, R. S. walk; or to discharge any gun or other fire-arm on or under said
. C bridge, or from the causeway leading thereto ; and all persons vio-
lating either of the provisions of this section shall forfeit and pay,
for every offense, a penalty of not more than ten nor less than five
dollars, the money, when collected to be handed over to the authori-
ties of the District, and by them applied to such repairs and improve-
ments of the road leading to the bridge as from time to time may be
required. -
ADULTERATION OF FOOD AND DIRUGS.
nº SEC. 84. That no person within the District of Columbia shall mix,
; irici.f color, stain, or powder, or Order or permit any other person to mix,
food, etc., prohib- color, stain, or powder any article of food or drugs with any ingre-
ited; penalty. dient or material so as to render the article injurious to health, or
CHAPTER xvi.-CRIMES AND OFFENSES. j 73
z
Imanufacture any article of food which shall be composed in whole Qct. 12, 1888.
•or in part of diseased, decomposed, offensive, or unclean animal or ****
5 5 -
vegetable substance with the intent that the same may be sold in
the said District, and no person shall sell in the District of Colum-
bia any such article so mixed, colored, stained, powdered or manu-
factured. Any person violating this section shall be guilty of a
misdemeanor, and for each offense be fined not exceeding two hun-
dred dollars for the first offense, and for each subsequent offense not
exceeding three hundred dollars, or imprisonment not exceeding one
year, or both, in the discretion of the court. -
SEC. 85. No person shall, within the District of Columbia, except . Adulteration of
for the purpose of compounding as hereinafter described, mix, color, drugs; penalty.
stain, or powder, or order or permit any other person to mix, color, Ibid.,sec. 2.
stain or powder, any drug with any ingredient or material so as to .
effect injuriously the quality or potency of such drug, withintent that
the same may be sold in the said District of Columbia, and no per-
son shall sell any such drug so mixed, colored, stained, or powdered
under the same penalty in each case respectively as in the preceding
section for a first and subsequent offense.
SEC, 86. No person shall be liable to be convicted under either of Sale by innocent
the two last foregoing sections of this act in respect of the sale of P*
any article of food, or of any drug, if he shows to the satisfaction of Ibid., sec. 3.
the court before whom he is charged that he did not know of the
article of food or drug sold by him being so mixed, colored, stained,
or powdered, as in either of those sections mentioned, and that he
could not, with reasonable diligence, have obtained that knowledge.
SEC. 87. No person shall sell in the District of Columbia any arti- Articles of food
cle of food or drug which is not of the nature, substance, and qual- . º : be &
ity of the article demanded by any purchaser, and any person vio- 3. ºp:
lating this section shall be guilty of a misdemeanor, and for the first chaser; penalty.
offense be fined not exceeding fifty dollars, and for each subsequent
Offense not exceeding one hundred dollars, or imprisonment not
exceeding six months, or both, in the discretion of the court :
Provided, That an offense shall not be deemed to be committed Proviso.
under this section in the following cases, that is to say :
First. Where any matter or ingredient not injurious to health has , Permissible ad-
been added to the food or drug because the same is required for the diº, iurious
production or preparation thereof, as an article of commerce, in a nº #º
state fit for carriage or consumption, and not fraudulently to increase ents. s---
the bulk, weight, or measure of the food or drug, or conceal the
inferior quality thereof.
Second. Where the drug or food, is a proprietary medicine. Proprietary
Third. Where the food or drug is compounded as authorized by *..., ed
this act. * g tº e : 4- compounds.
Fourth. Where the food or drug is unavoidably mixed with some *tjääºidable
extraneous matter in the process of collection of preparation. admixtures.
- . Ibid., Sec. 4.
SEC. 88. No person shall sell in the District of Columbia any com- Sale of com-
pound article of food or compounded drug which is not composed of pounds; penalty.
ingredients in accordance with the demand of the purchaser. Any -
person violating this section shall be guilty of a misdemeanor and e
fined not exceeding fifty dollars: Provided, That no person shall be Proviso, notice.
guilty of any such offense as aforesaid in respect of the Sale of an Ibid., sec, 5.
article of food or a drug mixed with any matter or ingredient not
injurious to health, and not intended, fraudulently, to increase its
bulk, weight, or measure, or conceal its inferior quality, if at the
time of delivering such article or drug he shall supply to the person
174 CHAPTER xvi.—CRIMES AND OFFENSES.
receiving the same a notice, by a label, distinctly and legibly Writ-
ten or printed on or with the article or drug, to the effect that the
same is mixed. g
Altering articles SEC. 89. No person shall, in the District of Columbia, with the
9: food injurious intent that the same may be sold in its altered state without notice,
ly; penalty. subtract from any article of food any part of it so as to affect injuri-
Ibid., sec. 6. ously its quality, substance, or nature, and no person shall sell any
article so altered without making disclosure of the alteration, and
any person violating the provisions of this section shall be guilty of
a misdemeanor and fined not exceeding one hundred dollars.
Defendant to SEC. 90. In any prosecution under this act, where the fact of an
P**P* article having been sold in a mixed state has been proved, if the
Ibid., sec. 7. defendant shall desire to rely upon proviso contained in this act, it
- shall be incumbent upon him to prove the same. 8.
Sale of articles SEC. 91. If the defendant in any prosecution under this act prove
º to the satisfaction of the court that he had purchased the article in
"** question as the same in nature, substancé, and quality as that
Ibid., sec. 8. demanded of him by the purchaser, and with a written warranty to
that effect; that he had no reason to believe at the time when he sold
it that the article was otherwise; and that he sold it in the same
state as when he purchased it, he shall be discharged from the pros-
ecution. - -
Forging, etc., SEC. 92. Any person who shall forge, or shall alter knowing it to
yºunty: P** be forged, any certificate or any writing purporting to contain a
y, warranty, as provided in section eight of this act, shall be guilty of
Ibid., sec. 9. a misdemeanor and be punishable, on conviction, by imprisonment
for a term not exceeding one year with hard labor. -
Applying false SEC. 93. Every person who shall willfully apply to any article of
warranty il * food or a drug a certificate or warranty given in relation to any
etc.; penalty. other article or drug, or who shall give a false warranty in writing
Ibid., Sec. 10. to any purchaser in respect of an article of food or a drug sold by
him as principal or agent, or who shall willfully give a label with
any article sold by him which shall falsely describe the article sold
shall be guilty of a misdemeanor, and on conviction be fined not to
exceed one hundred dollars.
Analysis regu- SEC. 94. The analysis provided for in this act, shall be under the
lated. control of the Commissioner of Internal Revenue under such rules.
Ibid., sec. 11. and regtilations as may be prescribed by the Secretary of the
Treasury. -
Purchaser en- SEC. 95. Any purchaser of an article of food or of a drug in the said
tiºd tº have District shall be entitled to have such article analyzed by such
** analyst, and to receive from him a certificate of the result of his
Ibid., sec. 12. analysis, and any health officer, inspector of nuisances, or any food
inspector may procure any sample of food or drug, and if he sus-
pects the same to have been sold to him contrary to any provision
of this act he shall submit the same to the Commissioner of Inter-
nal Revenue to be analyzed who shall with all convenient speed
cause such analysis to be made and give a certificate to Such officer,
wherein he shall specify the result of the analysis.
Refusal to sell to SEC. 96. If any officer mentioned in section twelve of this act shall
health officer, etc.; apply to purchase any article of food or any drug exposed to sale or
penalty. on sale by retail or on any premises or in any shop or store, and
Ibid., sec. 13, shall tender the price for the quantity which he shall require for the
Chapter xvi.-CRIMES AND OFFENSES 175
§
purpose of analysis, not being more than shall be reasonably requi-
site, and the person exposing the same for sale shall refuse to sell the
same to such officer, such person shall be guilty of a misdemeanor
and fined for each offense not exceeding fifty dollars.
SEC. 97. The term “food,” as used in this act, shall include every Definitions.
article used for food or drink by man other than drugs or water. Ibid.,sec. 14.
The term “drug,” as used in this act, shall include all medicines for
internal or external use.
SEC. 98. Nothing in this act shall be construed as modifying or , Oleomargarine
repealing the provisions of chapter eight hundred and forty of the ****
acts of the first session of the Forty-ninth Congress, entitled “An Ibid., sec. 15.
act defining butter; also imposing a tax upon and regulating the Vol. 24, p. 209
manufacture, sale, importation, and exportation of Oleomargarine,”
approved August sixth, eighteen hundred and eighty-six.
SEC. 99. The Commissioner of Internal Revenue may, from time ... List to be pub-
to time declare certain articles or preparations to be exempt from ſº...of articles
the provisions of this act ; and it sji be the duty of the Commis- *P*
sioners of the District to prepare and publish from time to time a Ibid., Sec. 16.
list of the articles, mixtures, or compounds declared to be exempt -, .
from the provisions of this act, in accordance with this section. #
SEC. 100. If any ballast shall be taken, unladen, or cast out of any Ballast east intº
ship or other vessel, on any pretence whatsoever, within the limits *ś
hereafter mentioned, but in the day time; that is to say, between the **** g
rising and setting of the sun, ſor if any ballast shall be unladen, or , Md. act 1734, ch.
taken out of any ship or vessel in the bay of Chesapeake, above 1%. 79
Cedar point, below the mouth of Patuxent river, in any river, #º.
Greek or harbour, within this province, and cast [into the bay above 2
Cedar point aforesaid, or into any river, creek Or harbour, below
high water mark, that the master, or other person having the charge
or command of such ship or vessel, shall forfeit and pay the sum of
fifty pounds current money [$133.33%). * * * (see $887, R. S. D. C.)
SEC, 101. No person whatsoever shall presume to build any wear Obstructing pas-
or hedge cross any river, creek or branch, below any public landing sº.9% bºº by
place, so as to prejudice or dam up the channel, or to obstruct the iº. ges ;
passage of boats, on pain of forfeiting ten pounds current money of g t
Maryland [$26.66%). [See § 837, R. S. D. C.) Ibid., sec. 3.
BOUND ARIES OF LAND.
SEC. 102. It shall not be lawful for any person or persons whatso-, Penalty for cut-
ever within this [District] [province, under any pretence whatsoever, ſº dº bound-
to cut down, or otherwise destroy, any boundary or bounded trees, * *
either of his own lands, or of the lands of any other person whatso-, Md. act 1722, ch.
ever, even although such boundary or bounded trees should stand 8. *ś 172
within the person’s own land so cutting down and destroying the bºy º
J .* - 3 tº
same, under the penalty of five thousand pounds of tobacco [$83.33%)
for every offence.*
SEC. 103. If any person or persons whatsoever shall, without law- , P:nalty for un-
ful authority, either at random, or for their own pleasure, presume ... ng
to bound any tree or trees in the woods, or upon their own lands, or up poundaries.
that shall bound any tree or trees, or set up other boundaries for Ibid., Sec. 3,
their own or others land, in lieu and place of any original boundary 4 P*Y. *
or bounded tree that is any way decayed or destroyed, without first
giving notice to all persons concerned in such boundaries of the time
*The latter part of this section, which is omitted, was repealed by Sec. 837, R. S. D. C.
176 - CHAPTER xvi.-CRIMES AND OFFENSES.
and place proposed for setting up or making such new boundary, or
that upon the failure of the persons concerned in such lands (upon
notice, or when notice cannot be given,) being present at the time
and place appointed, shall not take with him four substantial free-
holders of his neighbourhood at the least, that may be present at .
the bounding such tree or trees, or Setting up such other boundary,
shall forfeit for every time he, she or they shall be convicted thereof,
the sum of five thousand pounds of tobacco [$83,33}].*
Prosecut Qr's SEC. 104. In all prosecutions against any of the offenders afore-
flººr. said, [the attorney-general, or clerk of indictments, in their indict-
place, etc. ments or other proceedings, shall be as particular as possible in
º describing the place upon or to whose lands the boundaries relate,
Ibid., Sec. 4. which have been made, so set up or destroyed, contrary to the true
intent of this act.
Penalties for de SEC. 105. Any person or persons who shall, after the end of this
stroying tobacco present session of assembly, cut or destroy, or cause to be cut up or
plants. #. any tobacco plants belonging to any other person or per-
Md. act 1744, ch. Sons, or by threats, menaces, or other sinister means, shall cause or
5, Sec. 2. excite any person or persolīs to cut up or destroy any tobacco Ortobacco
; #. *::: plants belonging to any other person or persons, and shall "be thereof
*** convict by due course of law, shall forfeit and pay unto the party
grieved one hundred pounds Sterling, f and suffer six months impris-
onment, without bail or mainprise, and shall also remain in prison,
as in execution, until the said sum be satisfied, in case the Offender
be of sufficient ability to pay the same, and if the offender shall not
be of sufficient ability, then and in every such case the offender shall
remain and continue in prison for the space of one whole year,
without bail or mainprise: Provided also, That the party grieved
shall and may have and maintain his or her action of trespass, or
other proper action at law, for recovery of damages against the
offender, anything herein contained to the contrary notwithstanding.
Clerks shall not SEC. 106. That no clerks of any courts within this District [prov-
‘....:” ince, shall after the end of this present session of assembly, déliver
its; penalty. ..., any attorney, sheriff or other person, any blank writ or writs
Md. act 1715, ch, whatsoever on penalty of six thousand pounds of tobacco [$100]. I
48, sec. 11.
1 Kilty, 140. 1 Dorsey, 44.
Sabbath break- SEC. 107. No person whatsoever shall work or do any podily labour
ing punishable. On the Lord’s day, commonly called Sunday, and that no person,
Md. aciº, on having children, servants [or slaves,) shall command, or wittingly, or
16, sec. 10. willingly suffer any of them to do any manner of work or labour on
1 Dorsey, 67, the Lord’s day, (works of necessity and charity always excepted,)
1 Kilty, 180. nor shall suffer or permit any children, servants [or slaves, to pro-
Md. court of ap- 2. * * -- ~~ ; -- ~ * -- ~. e *
peals, Jan., º fane the Lord’s day, by gaming, fishing, fowling, hunting, or unlawful
judeţānāºš State, pastimes or recreations ; and that every person transgressing this
2 Md. Rep., 310, act, and being thereof convict by the oath of one sufficient witness,
State vs. Fearsºn, or confession of the party before the Police Court [a single magis-
#.º. trate,) shall forfeit two hundred pounds of tobacco [$3.33%), to be
tº #. levied and applied as aforesaid. § .
209, Ry. Co. vs. Lehman.
In District of SEC. 108. Every person who shall manufacture for sale, or who
Columbia, butter shall offer or expose for sale, any article or substance in semblance
* The omitted part of this section was repealed by sec. 837, R. S. D. C.
+ $266.66% current money. See Md. act fººl, ch. 16, secs. 1, 2.
† See sec. 837, R. S. D. C.; Md. act 1751, ch. 16, sec 2; 1 Kilty, pp. 593, 54!.
§Sec. 837, R. S. D. C.: By the Maryland act of 1781, ch. 16, Secs. 1, 2, all fines can only be imposed
in current money, at the rate in value 7s. 6d. for $1 or “Spanish milled pieces of eight,” which was
the Spanish dollar declared to be of the value Öf 100 cents. 1 Stat. L., Sec. 9, pp. 248, 300; 1 Mackey
Rep., 346 U. S. vs. Bicksler; see secs. 165, 166 of chapter on Pleading and Practice. The tobacco fines
shall be discharged in specie, valuing tobacco at the rate of 12s. 6d. per hundred ;-8ee Maryland act,
1780, ch. 23, sec. 3; 1 Kilty, 541; see also sec. 164, chapter on Pleading and Practice.
CHAPTER xvi.-CRIMES AND OFFENSES. - 177
g
of butter or cheese, not the legitimate product of the dairy, and not and cheese made
offat, etc., to have
made exclusively of milk or cream, but into which the oil or fat of kages st d
animals, not produced from milk, enters as a component part, or into º:::::::::P €
which melted butter, or any oil thereof, has been introduced to take - e
the place of cream, shall distinctly and durably stamp, brand, or
mark upon every tub, firkin, box or package of such article or sub-
stance, the word Oleo-Margarine, in plain Roman letters, not less
than half an inch square placed horizontally in proper order thus.
OLEO-MARGARINE.
And in case of retail sales of such article or substance in parcels º
the seller shall in all cases deliver therewith to the purchaser a writ- ... j.
ten or printed label bearing the plainly written or printed word OleO-iabei.
Margarine, in type or letters as aforesaid; 2 Sup. R. S., 207
And every sale of such article or substance not so stamped, j.º. `i;0. "
branded, marked, or labeled shall be void, and no action shall be 30 stat. 364,
maintained for the price thereof.” * . Sec. 1.
- 127 U. S. Rep., 678, Powell vs. Penna.
SEC. 109. Every person who shall sell, or offer to sell, or have in , Penalty fºr sell.
his or her possession with intent to sell, contrary to the provisions of tº:
this act, any of the said article or substance required by the first F. to act.
Section of this act to be stamp, marked, or labeled as therein stated, e
not so stamped, marked, or labeled, or in case of a retail sale with ****
out delivery of a label required by section one of this act, shall, for
each such offense, forfeit and pay a fine of one hundred dollars, to
be recovered by indictments in any court of the District of Columbia
of competent jurisdiction for the trial of misdemeanors, and the One-
half of such fine when paid to go to the informer, and the residue to
be paid into the treasury of the District of Columbia.
SEC. 110. Every person who shall sell, or offer or expose for sale, . Penalty fº sell-
or who shallcause or procure to be sold, or offered or exposed for sale, * * *
any article or substance required by the first section of this act to be Ibid., sec. 3.
marked, branded, stamped, or labeled, not so marked, branded,
stamped, or labeled, shall be guilty of a misdemeanor, and, on trial
for such misdemeanor, proof of the sale or offer or exposal alleged
shall be presumptive evidence of knowledge of the character of the
article so sold or offered. -
SEC. 111. Whenever two or more carriages, carts, or wagons are , Drivers of vehi-
in motion on any street, avenue, or alley within the District of Colum- tºº lººp tºº,
bia, and following each other, the drivers thereof shall maintain a jºt.’ diº
distance of not less than ten feet between each and every cart Or tance.
wagon, and shall keep on the right-hand side of the street, and the TLe g. A S Sem
drivers of said carts or wagons shall, at all times, keep at the head June 30, 1873, sec.
of their teams, under a penalty of five dollars for each and every 1, p. 56.
violation of the provisions of this act.
SEC. 112. Whenever any driver of any cart of wagon shall drop Pººl.
from his load any part thereof, he shall replace, or cause the same 3... Pºe "P"
to be replaced, under a penalty of five dollars for every failure so *
to do. Ibid., Sec. 2, p.
57.
SEC. 113. All acts and parts of acts in relation to posting bills now º,º
in force in the city of Washington be, and are hereby, extended to City extended to
apply to all places in the District of Columbia. { whole District.
Leg. Assem., July 3, 1871, Sec. 1, p. 9.
* For general law of the United States, see 24 Stat., 209, Aug. 2, 1886, ch. 840; 2 Sup. R. S., 505.
| See Webb's Digest, 46, for Ordinances in relation to bill posting. -
12 C S
178 - CHAPTER xvi.-CRIMES AND OFFENSES.
. Penalty for stor." SEC. 114. It shall not be lawful for any person or persons to ware-
.* hº § house or hold in any building or shed within the District of Columbia,
. º more than five hundred gallons, at any One time, of petroleum, coal-
at One time. oils, and burning-fluids, under a penalty of a fine not exceeding five
Leg. A SS em., hundred dollars, or by imprisonment for the term of six months in
Aug. 33, isºl, sº the jail of the District.
1, pp. 115, 116. - J - .
. Personsengaged SEC. 115. All persons engaged in the erection, repairing, altering,
# *...*.*.* or painting of any building or buildings or other structures in this
uildings, etc., to Distri §,. e d lv * Aº s to be furnished d
provide” suitable District, shall furnish and apply, or cause to be furnished and
scaffolding, etc., applied, such suitable and proper Scaffolding, hoist-stays, ladders,
for the safety of and such other mechanical contrivances as will afford protection to
workmen. the lives and limbs of the workmen engaged. On Such building; and
3 Leg. Assem, any person neglecting to furnish Safe and substantial appliances
June 25, 1873, ch. shall, on conviction, be liable to a fine of not less than five nor more
24, Sec. 1, p. 65. than one hundred dollars. *
..º º SEC. 116. It shall be unlawful for any person or persons to use any
Va te º, Fº lamps as a sign for business, purposes, by painting thereon
penalty. etters or any other device, or by substituting for a street-lamp any
Other lamp upon a public lamp-post, or by placing a transparency
Unless by spe- over or around any lamp, unless in cases where special permission
cial permission for shall have been granted by the Commissioners [Governor] in aid
ºble * of any benevolent enterprise devoted exclusively to some charitable
prises. purpose ; and any person or persons offending against this act shall
Leg, Aššem, be liable, upon conviction thereof, to a penalty of not less than five
*:::: * * nor moré than ten dollars for each and every such offense, the said
, p. 114. fines to be collected and applied in the same manner as other fines
are collected and applied.
...; ...”. SEg, 117. The superintendent of lamps be, and he is hereby,
É. tº... directed to notify all persons who are now appropriating any public
tified tº desist, lamp or lamps to private purposes, to desist therefrom and remove
Penalty for fail- all business device they may have painted and placed upon any pub-
ure so to do. lic lamp; and if, in ten days from the time of such notice, such
Ibid., sec. 2, p. device shall not have been removed, the person or persons so offend-
ing shall be subject to the penalty imposed by the first section of
this act, for each and every week that they shall have failed to com-
ply with the order or request of the said superintendent.
Penalty for rais- SEC. 118. Amy person or persons who shall knowingly raise Or
ing false alarm of report any false alarm of fire in any church, theatre, hall, or other
#. tº: church, public assemblage, or who shall aid, assist, procure, or incite any
** other person to do the same, shall be punished by a fine of not more
Leg. Assem., than fifty dollars, nor less than five dollars.
July 20, 1871, 15, 16. - i -
Carrying of con- SEC. 119. It shall not be lawful for any person or persons to carry
‘...º. or have concealed about their persons any deadly or dangerous
Nº. * “” weapons, such as daggers, air-guns, pistols, bowie-knives, dirk-
•. knives, or dirks, razors, razor-blades, sword-canes, slung-shots, or
49%. Ajemº brass or other metal knuckles, within the District of Columbia; and
Aug. 10, 1871, sec. t h h ll b d l & t d f *
1, p. 33. any person or persons who snail be duly convicted or so carrying or
having concealed about their persons any such weapons shall forfeit
and pay, upon such a convictipm, not less than twenty dollars nor
more than fifty dollars, which fine shall be prosecuted and recovered
in the same manner as other penalties and forfeitures are sued for
and recovered : Provided, That the officers, non-commissioned offi-
cers, and privates of the United States army, navy, and marine
Corps, police officers, and members of any ragularly Organized
militia company or regiment, when on duty, shall be exempt from
Such penalties and forfeitures.
* For law regulating elevators, see 24 Stat., 580, Mar. 3, 1887; see also title “District of Columbia.”
f See act of Congress relating to concealed weapons, July 13, 1892, 27 Stat., 116.
CHAPTER xvi.-CRIMES AND OFFENSES. 179
SEC. 120. If any person shall be known to be a notorious or pro-, Professional
fessional thief, burglar, pickpocket, gambler, or confidence person, thiºamblers,
and shall have been arrested within the District of Columbia, by ...”.”.
- * -- -- e - • rº tº y pun-
any officer or person having the authority to make arrests, and if it ished when ar-
shall be proven to the satisfaction of the judge of the police court, rested.
by the evidence of two or more respectable witnesses, that such TL.
e º g. As Sem.,
thief, burglar, pickpocket, gambler, or confidence person, had an June 30, 1873, sec.
unlawful purpose in view at the time of such arrest, he or she, in 1, p. 57.
default of sufficient security not to violate any criminal law of said
District, or to ply his or her vocation therein, shall be committed
by said judge to the work-house for a term not to exceed ninety
days, or, in the discretion of the judge, he or she may be required
to leave the District within six hours from the time of the entry of
the decision of said judge, or to give Security that he or she will not
violate any criminal law or any ordinance for the prevention of dis-
orderly conduct in said District, for a period not to exceed one year.”
SEC. 121. It shall not be lawful for any person or persons who are Unlawful, for
not the owners or occupants of the lots lying in the same street or Pººl
avenue, and fronting on the parks now made, or which shall here-jºo "loº".
after be made On the side or sides of any street Or avenue in the same street and
cities of Washington and Georgetown, to enter, walk, or trespass on fronting on parks
such parks, or to cut or injure in any way, the grass, flowers, trees, ºn side ºf a stree:
or shrubbery growing thereon, Or to deface, climb upon, or injure tºº, #:
the railings, posts or chains inclosing the same, but such parks shall º: ðr º
be under the immediate care and keeping of the owners or occupants or to deface or
of the lots fronting thereon, and on the same side of the streets or climb upon rail-
avenues, who may enter, care for, and use them for such purpose, . inclosing the
and in such ways as will not injure the grass, trees, shrubbery, "ºners Of lots
fences, posts, chains and railings upon and inclosing the same, Sub-fronting such
ject to such general control and regulations as the Board of Com- parks to have im:
missioners [Public Works] may from time to time prescribe. mediate care of
same, subject to
general control by
board of public
works. -
- w L e g . Assem. ,
June 20, 1872, ch. 29, sec. 1, pp. 41, 42.
SEC. 122. It shall not be lawful for any person or persons to cut . Unlawful to in-
or injure the trees or shrubbery in any of the parks now made or jure Parks in cent
which shall hereafter be made in the center of any of the streets or * * *
avenues in the cities of Washington and Georgetown, or to climb Ibid., Sec. 2.
upon, deface or injure the posts, chains or railings inclosing the
S8,1]Ol62.
SEC. 123. Any person offending against the provisions of this act Fine of from $5
shall be punished by a fine of not less than five dollars, nor more to $50 recoverable
than fifty dollars for each and every offense, to be recovered in the .º.º.º.
º e e s (→ • º • * , violation of this
police court in the name of the District of Columbia, in the manner .
prescribed in the police act for the recovery of fines in violation of -
ordinances of the late corporation of Washington and Georgetown. "5* *
SEC. 124. No person shall Walk over or through any public park Trespass upon
or other ground, not set apart Or intended for travel by the District public parks, or
of Columbia, or the proper branch of the Government thereof, or in gounds prohibit-
any manner trespass thereon, or trespass on any reservation or other ed.
land or property of the United States, within the said District, or tº o
ride through or Over the same, or drive or permit to be driven over lai.” # .
or through the same, any animal, animals, or any creature of any e
class, without the written or printed authority or permission of the 3 Leg. ASSem.,
proper officer in charge thereof; and if any person or persons shall #.º #1878. ch.
* Vagrant, idle, and disorderly persons, public prostitutes, beggars, or persons drunk in or about the
streets, etc., and all suspicious persons, or persons, guilty of open profanity or grossly indecent lan-
guage or behavior publicly, in the streets of Washington, may be required to give security for good
..º. committed to the workhouse. See Webb's Digest, p. 437. Act of July 29, 1832, ch. 320,
pp. 322, 323.
180 CHAPTER xvi.-CRIMES AND OFFENSES.
S.
do any act or thing herein mentioned, or direct or suffer the same to
be done, he, she, or they shall be subject to a penalty of not less
than five nor more than twenty dollars for each offence, or for the
doing of any of the matters or things herein mentioned, or intended
to be prohibited or prevented, to be recovered in the name of the
District of Columbia as other fines and penalties against the law of
said District are or may be recoverable. * -
RAILROADS.
Regulations for SEC.,125. That from and after the passage of this act it shall be
hiº *. of unlawful for any of the railroad companies passing into the limits
.*... .º.º. of the city of Washington with their engines to ring the bells of said
the city of Wash- •. - 85 * - s”, $º -
ington. engines, or cause the blowing of steam whistles, either at the cross-
w ings or in the lines of any of the streets or avenues, or inside the
3 Leg. Assem., limits of Said city.
ch. 53, sec. 1, p. 125. June 26, 1873.
, Baltimore and SEC. 126. That it shall be the duty of the Baltimore and Potomac
£º Railroad Company, for the safety of the public, to erect, or cause to
}.”.”. be erected, on the Long bridge, across the Potomac river, between
Long bridge. its track and the public carriageway of said bridge, a close fence,
which shall be not less than fourteen feet in height above said car-
riageway. * -
Tbid., sec. 2.
Obstruction, of SEC, 127. º it shall be unlawful for any railroad company run-
jº. ning its tracks through any of the streets or avenues of the city of
§: ... ... Washington to obstruct any of the said streets or avenues, by depos:
the regular "sta iting lumber, ties, or other materials used in the construction of
tions. railroads, or to unload other freight or merchandise, of whatever
e . nature or description, in any of such streets Or avenues at any point
Ibid., sec. 3. e * * > 5 º: - * tº
in said city other than the regular stations established for such pur-
poses. -
, Baltimore and , SEC. 128. That the Baltimore and Potomac Railroad Company and
*******, *º the Alexandria and Washington Railroad Company shall have, or
Alexandria, and * * ge ; -- ~~ 5
washington faii gause to be erected, a substantial iron or paling fence, not less than
road companies five feet high, along, each side of their track or tracks within the
to construct fence city of Washington, from their depot or depots at the corner of Sixth
along cº, and B streets northwest, along Sixth street to Virginia avenue, along
tions o *** Virginia avenue to Third street southwest, and also from the intersec.
tracks. . . e. 2
* tion of Sixth street and Maryland avenue, along Maryland avenue to
Ibid., Sec. 4. Ninth street southwest, with sliding gates at each street-crossing, to
be closed while trains or locomotives are passing: Provided, That
no part of said inclosed space shall be used for the purpose of park-
ing cars or the depositing of goods or material of any kind.
Penalty for vio- SEC. 129. That whenever any railroad company violates any sec-
lating this act, tion of this act, a fine of not less than one hundred or more than two
g hundred dollars shall be imposed and collected as all other fines for
Re Pe a ling violation of the ordinances of the District of Columbia, and that all
clause. acts or parts of acts inconsistent with this act be, and the same are
Ibid., sec. 5. hereby repealed. gº. 3.
y
Speed of engines SEC. 130. No locomotive engines or railroad cars of any descrip-
and ºars in ºie, tion shall be run, driven, or propelled over or upon any railroad
- exceed 6 * f * * tº a º *
.*.*.* track or tracks within the cities of Washington or 'Georgetown at a
penalty. greater speed than at the rate of six miles an hour, under the penalty
Proviso as to of fifty dollars for each and every violation of any of the provisions
tunnels. of this section, to be forfeited and paid by the railroad company
Leg Assem, owning or using such locomotive engine or railroad car, or the engi,
Aug. 33, 1871, sec. neer or conductor in whose charge Said locomotive engine or railroad
1, p. 105. ‘ car may be, severally and respectively: Provided, That this section
CHAPTER XVI. —CRIMES AND OFFENSES. 181
shall not apply to any car or engine while running through any tunnel
under the cities of Washington and Georgetown, or any parts thereof.
SEC. 131. The Baltimore and Ohio, Alexandria and Washington, , Warning must
Baltimore and Potomac, and National Junction Railroad Companies º gº at .
are hereby directed and required (to keep in the day time, at every ; sh sº
point, where any public street crosses the railroad track or tracks cars; penalty. -
of said companies, a person stationed with a red flag, and in the Ibid. 2
evening, until arrival and departure of the last train at night, at “” ”
all the street crossings, a person with a flag and lighted lamp or
lantern with red glass,) to give warning of the approach of the loco-
motive engines and railroad cars, of any descriptions, of Said com-
panies, under the penalty of ten dollars for every time any locomotive
engine or railroad car shall pass, (at any such crossings without such
ersons being stationed) and such warning being given, to be for-
feited and paid by the said companies, or the engineer or conductor
in whose charge such locomotive engine or railroad car may be, Sev-
erally and respectively.
SEC. 132. No railroad, locomotive engine, or railroad car, or train , Sidewalks nºt to
of cars, shall encumber or obstruct any sidewalk or crosswalk, or . º -
any street, in the cities of Washington or Georgetown, for a longer i. ger º
period than is absolutely necessary for the safe and expeditious dis-absolutely neces-
charge of passengers only, under the penalty of twenty-five dollars sary; penalty.
for each offense, to be forfeited and paid by the railroad company
owning or using such locomotive engine or railroad car, or train of 10
cars, or the agent, engineer, or conductor in whose charge such
locomotive engine, railroad car, or train of cars, may be, severally
and respectively. g
Ibid., Sec. 3, p.
6.
SEC. 133. No railroad company shall lay down any rail or rails, or º tº
railroad track or tracks, or shall alter the grade of location of any ...o.º.
rail or rails, or railroad track or tracks, in, across, or along any street grade except
in the cities of Washington or Georgetown, except when directed when required
and required by the Board of Public Works to alter the grade or without giving
location thereof, without having first given twenty days’ notice to hº S
the Board of Public Works of the desire and intention of the said * I *
railroad company to lay down or alter the grade or location of such bid., Sec. 4, p.
rail or rails, railroad track or tracks, except when replacing a worn -
or broken rail, under the penalty of fifty dollars for each and every
violation of any of the provisions of the section, to be forfeited and
paid by the Said company or the person or persons laying Or altering
the same, Severally and respectively.
SEC. 134. That portion of the street lying or being between the b . 5.
rails or tracks, and two feet from the outside rail or tracks of any ... *
º 2 e 2 feet Outside.
railroad company, shall be paved in the same manner as the rest of
the street or avenue in which such rails or tracks may be laid.
wº Sec. 5, pp.
3, 107.
SEC. 135. That rail or rails, track or tracks, of said companies º tºº.
shall be laid as shall least obstruct the free passage of vehicles and ...”.
carriages over the same, and the upper surface of the rails shall be travel.
laid flush with the surface of the streets, and shall conform to the Space between
grades thereof, as now established, or as they shall from time to time rails to be kept in
be re-established or altered, the same to be done at the expense of ; and free
* º * - - * rOm SnOW, etc.,
the said companies; and in all streets or parts of streets which are ºpe; ºf .
not paved the rail shall be SO laid in such manner as shall least inter-pany; penalty.
fere with the public travel thereon, and as shall be authorized and
approved by the District government engineer. The railroad com- 10
panies or their agents shall be required to keep the surface of the
streets inside of the rail in good Order and repair, and all snow, ice,
dirt, and filth cleaned and removed from such portions of the streets
at the expense of said companies, and in Such manner as not to
Ibid., Sec. 6, p.
7.
182
CHAPTER XVI.—CRIMES AND OFFENSES.
The Commis-
sioners to notify
railway compa-
nies of their duties
and act in case of
neglect.
Ibid., Sec. 7, p.
107.
Regulations
governing use of
Capitol grounds.
Public travel.
July 1, 1882, 22
Stat., 126; 2 Sup.
Obstruction of
roads, forbidden.
Ibid., sec. 2.
Sale of articles,
etc., forbidden.
Ibid., Sec. 3.
Injury to any
statue, seat, wall,
tree, shrub, etc.,
forbidden.
Ibid., sec. 4.
Fireworks, loud,
threatening, or
abusive language.
Ibid., sec. 5.
Parades or as-
Semblages, etc.
Ibid., sec. 6.
Penalties.
Ibid., sec. 7.
Duties of police-
men, watchmen,
etc.
Ibid., sec. 8.
obstruct travel in any part of the street, under the penalty of fifty
dollars for each and every violation of any of the provisions of this
section, to be forfeited and paid by the said company, or the person
or persons so violating. - ^.
SEC. 136. It shall be the duty of the Commissioners [Board of
Public Works] to notify said railroad companies to lower or raise
the rail or rails, or their track or tracks, as the case may require, in
accordance with the sixth section of this act; and in case of a failure
of said railroad companies to comply with the terms thereof within
ten days after said notice, which shall be in writing, then it shall
and may be lawful for the Commissioners [Board of Public Works]
to take up and relay and repair said railroad track or tracks, and assess
and collect the same from said neglecting company or companies.
SEC. 137. Public travel in and occupancy of the Capitol Grounds
shall be restricted to the roads, walks, and places prepared for the
purpose by flagging, paving, or otherwise. -
R. S., 349. -
SEC. 138. It is forbidden to occupy the roads in such manner 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 con-
veyance of goods or merchandise, except to or from the Capitol On
government service. .
SEC. 139. It is forbidden to offer or expose any article for sale; to
display any sign, placard, or other form of advertisement ; to Solicit
fares, alms, subscriptions, or contributions.
SEC. 140. It is forbidden to step or climb upon, remove, Or in any
way injure any statue, seat, wall, or other erection, Or any tree,
shrub, plant, or turf. - -
SEC. 141. It is forbidden to discharge any fire-arms, fire-work, or
explosive, set fire to any combustible, make any harangue or Oration,
or utter loud, threatening, or abusive language.
SEC. 142. It is forbidden to parade, stand, or move in processions
or assemblages, or display any flag, banner, or device designed or
adapted to bring into public notice any party, Organization, or
movement.
SEC. 143. Offenses against this act shall be triable before the police
court of the District of Columbia, and shall be punishable by fine or
imprisonment, or both, at the discretion of the judge of said court ;
the fine 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, said judge of the police court
may commit or hold to bail the offender for trial before the Supreme
court of the District of Columbia, when the offense shall be punish-
able by imprisonment in the penitentiary for a period of not less than
six months nor more than five years.
SEC. 144. It shall be the duty of all policemen and watchmen hav-
ing authority to make arrests in the District of Columbia to be
watchful for offenses against this act, and to arrest and bring before
the proper tribunal those who shall Offend against it under their
observation, or of whose offenses they shall be advised by witnesses.
Chapter xvi-CRIMES AND OFFENSEs.
183
SEC. 145. It shall be the duty of all persons employed in the serv-
ice of the government in the Capitol Or on its grounds to prevent, as
far as may be in their power, Offenses against this act, and to aid the
police, by information or otherwise, in securing the arrest and con-
viction of the offenders. -
SEC. 146. In order to admit of the due observance within the Capi-
tol 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 Occasions 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, addresses, and cere-
monies: Provided, That responsible officers shall have been appointed,
and arrangements determined, adequate, in the judgment of said
President of the Senate and Speaker of the House of Representatives,
for the maintenance of suitable order and decorum in the proceed-
ings, and for guarding the Capitol and its grounds from injury.
SEC. 147. In the absence from Washington of either of the officers
designated in the last section the authority therein given to suspend
certain prohibitions of this act shall devolve upon the other, and in
the absence from Washington of both it shall devolve upon the Capi-
tol police commission. - -
*
SEC. 148. Keepers or owners of restaurants, eating-houses, bar-
rooms, or ice-cream saloons, or Soda-fountains, at , which food,
refreshments or drinks are sold, or keepers of barber shops and
bathing houses, must put in a conspicuous place in their restaurant,
eating-houses, ice-cream saloons, or places for the sale of Soda water,
a scale of the prices for which the different articles they have for
sale will be furnished.
SEC. 149. Persons violating the provisions of the above section are
to be deemed guilty of misdemeanor, and, upon conviction in a court
having jurisdiction, are to be fined by the court not less than twenty
dollars, and not more than fifty dollars.
SEC. 150. Any restaurant keeper or proprietor, any hotel keeper
or proprietor, proprietors or keepers of ice-cream saloons or places
where soda-water is kept for sale, or keepers of barber shops and
bathing houses, refusing to sell or wait upon any respectable well-
behaved person, without regard to race, color, or previous condition
of servitude, or any restaurant, hotel, ice-cream saloon or soda
fountain, barber shop Or bathing-house keepers, or proprietors, who
refuse under any pretext to serve any well-behaved, respectable per-
son, in the same room, and at the same prices as other well-behaved
and respectable persons are served, shall be deemed guilty of a mis-
demeanor, and upon conviction in a court having jurisdiction, shall
be fined one hundred dollars, and shall forfeit his or her license as
keeper or Owner of a restaurant, hotel, ice-cream saloon, or soda
fountain, as the case may be, and it shall not be lawful for the Asses-
sor [Register] or any officer of the District of Columbia to issue a
license to any person Or persons, or to their agent or agents, who shall
have forfeited their license under the provisions of this act, until a
period of one year shall have elapsed after such forfeiture.
Capitol em-
ployés to aid in
preserving order,
etc. .
Ibid., sec. 9.
National occa-
sions, celebra-
tions, etc., how
conducted.
Proviso.
Ibid., sec. 10.
Capitol police
commission to act
in absence of
President of Sen-
ate and Speaker
of House of Rep-
resentatives.
Ibid., sec. 11.
Scale of prices
to be posted in
restaura n ts, sa–
loons, etc.
Leg. Assem.,
June 20, 1872, sec.
1, p. 65.
Violation of
foregoing section
a misdemean or
punishable with
fine of from $20 to
$50.
Ibid., sec. 2.
Refusal to sell
or wait upon re-
spectable, well-
behaved persons
without regard to
race, color, or pre-
vious condition of
Servitude, or re-
fusal to sellor wait
upon such person
in Same room, and
at Same prices as
Other respectable,
well-behaved per-
Sons, to be a mis-
demean or, pun-
ishable with fine
of $100 and ſor-
feiture of license,
and license not to
be afterwards is-
sued until lapse of
One year after for-
feiture.
Ibid., Sec. 3, pp.
5, 66.
184
Chapter xvi-CRIMES AND OFFENSEs.
Regulation of
sales in eating
houses, ice-cream
saloons, etc.
List of prices to
be kept conspicu-
ously posted.
as-
f
SEC. 151. The proprietor or proprietors, or keeper or keepers, of
every licensed restaurant, eating-house, bar-room, Sample-room, ice-
cream saloon, or soda-fountain room, or establishment in the District
of Columbia, shall put up, or cause to be kept up, and to be regu-
larly kept up, or cause to be kept up, in two conspicuous places
in the chief room or rooms of his, her, or their restaurant, eating-
house, bar-room, ice-cream Saloon, or Soda-fountain room, and in
One conspicuous place in each Small or private room, if any, used
in connection with said restaurant, eating-house, bar-room, sample-
room, ice-cream Saloon, and Soda-fountain room, for the accommo-
dation of guests, visitors, or customers thereat, printed cards, or
papers, On which shall be distinctly printed the common or usual
And no prices
different the re-
from shall be de-
manded or re-
ceived.
June 26, 1873.
3 Leg. Assem.,
ch. 46, Sec. 1, p.
116.
Proprietors of
eating-houses,
etc., to file with
the assessor a list
of the prices of
articles to be kept
for sale.
Which may be
used as evidence
in any proceed-
ings instituted for
violation of this
act.
Register to no-
tify all persons
who may fail to
file in his office
list of prices.
Ibid., sec, 2.
All well-behaved
persons to be
served in the same
room and at the
common prices,
Proviso.
Ibid., sec. 3,
Penalty for vio-
lation of this act.
price for which each article or thing kept in any of said places or
establishments to be eaten or drank therein is or may be commonly
sold, or the price or prices for which the articles or things are or may
be commonly or usually furnished to persons calling for, desiring, or
receiving the same or any part or parts thereof, and no greater price
or prices than those mentioned or contained on said cards or printed
papers shall be asked for, demanded, or received from any person or
persons for any of the articles or things kept in any manner for sale
in any of the places or establishments aforesaid, either by said pro-
prietor or proprietors, keeper or keepers, or by their agents, employés,
Or any one acting in any manner for them. -
SEC, 152. On Qr before the first day of November in each year une
proprietor or proprietors, keeper or keepers, of each licensed res-
taurant, eating-house, bar-room, Sample-room, ice-cream saloon, and
SOda-fountain room or establishment in said District, as aforesaid,
shall transmit to the Assessor [Register] of said District a printed
Copy of the usual or common price or prices of articles or things
kept for sale by him, her, or them, as aforesaid, which shall be filed
by the Assessor [Register] in his office, and unless he is notified of
changes therein, the copy transmitted and filed in said office may be
used in any case or proceeding under this act as prima facia evidence
of the common or usual prices charged for the articles or things
mentioned therein by the proprietor or proprietors, keeper or keep-
ers, of any of the places or establishments aforesaid, and in a failure
of any proprietor or proprietors, keeper or keepers, to transmit the
copy aforesaid, the Assessor [Register] shall notify such person of
such failure, and require such copy to be forth with transmitted to
him,
SEC, 153. The proprietor or proprietors, keeper or keepers, of any
licensed restaurant, eating-house, bar-room, Sample-room, ice-cream
Saloon, or soda-fountain room shall sell at and for the usual or com-
mon prices charged by him, her, or them, as contained in said
printed cards or papers, any article or thing kept for sale by him,
her, or them to any well-behaved and respectable person or persons
who may desire the same, or any part or parts thereof, and serve the
same to such person or persons in the same room or rooms in which
any other well-behaved person or persons may be served or allowed
to eat or drink in said place or establishment : Provided, That per-
sons of different sexes shall not be accommodated in the same room
or rooms unless they accompany each other, or call for any articles
or things together, or unless said room or rooms are Ordinarily used
indiscriminately by persons of both sexes,
SEC, 154. If the proprietor or proprietors, keeper or keepers, of
any place or establishment, as aforesaid, shall neglect or refuse to
put up printed cards or papers of prices as provided for in the first
section of this act, or shall refuse to send a copy or duplicate to the
Assessor [Register, as provided in the Second section, or shall place
or cause to be placed on said card or paper, or permit to be placed
thereon any price or prices other or greater than that for which any
CHAPTER XVI.-CRIMES AND OFFENSEs.
185
article or thing is, or may be, usually and commonly sold or fur-
nished by him, her, or them, or different from or more than is usu-
ally or commonly demanded or received therefor by him, her or
them, or by his, her, Or their authority or direction, or shall demand
or receive in any manner, or under any circumstances, or for any
reason or pretence, in person or by any employé or agent, from any
person or persons aforesaid, any sum or prices different or greater
than is contained on said cards Or papers, or than is usually and
commonly asked or received for any article or thing kept for sale as
aforesaid, or shall refuse or neglect, in person or by his, her, or their
employé or agent, directly or indirectly, to accommodate any well-
behaved and respectable person as aforesaid in his, her, or their
restaurant, eating-house, bar-room, Sample-room, ice-cream saloon,
or soda-fountain room, or shall refuse or neglect to sell at the com-
mon and usual prices aforesaid in and at his, her, or their restau-
rant, eating-house, bar-room, Sample-room, ice-cream Saloon, or soda-
fountain room, to any such person Or persons therein at said prices,
any article or thing kept therein and in the room or rooms in which
such articles or things are Ordinarily sold and served or allowed to
be eaten or drank, or shall at any time or in any way or manner, or
under any circumstances, or for any reason, cause, or pretext, fail,
decline, object, or refuse to treat any person or persons aforesaid as
any other well-behaved and respectable person or persons are treated
at Said restaurant, eating-house, bar-room, Sample-room, ice-cream
Saloon, or soda-fountain room, he, she, Or they, on conviction of a
disregard or violation of any provision, regulation, or requirement
of this act or any part of this act contained, be fined one hundred
dollars, and forfeit his, her, or their license ; and it shall not be law-
ful for any officer of the District to issue a license to any person or
persons, or their agent or agents, whose license may be forfeited
under the provisions of this act for one year after such forfeiture :
Provided, That the provisions of this act shall be enforced by infor-
mation in the Police Court of the District of Columbia, filed on
behalf thereof by its proper attorney Or attorneys, subject to appeal
to the Criminal Court of the District of Columbia in the same man-
ner as is now or may be hereafter provided for the enforcement of
the District fines and penalties under ordinances and law.
SEC. 155. If any male or female criminal shall run away before
the time shall be fully expired for which such criminal shall be con-
victed and adjudged, the time of service and labour of such criminal
shall be extended by the said justices, not exceeding one year for
every time such criminal shall run away.
Proviso.
Ibid., sec. 4.
Convicted crim-
in als running
away to serve ad-
ditional term.
Md. act 1793, ch.
57, sec. 14, 2 Kilty, 447.
SEC. 156. Concerning prisoners which break prison, none from
henceforth that breaketh prison shall have judgment of life or
member for breaking of prison only, except the cause for which he
was taken and imprisoned did require such judgment, if he had
been convict thereupon according to the law and custom of the realm,
albeit in times past it hath been used otherwise.*
When itisfelony
to break prison ;
when not.
* It is held that any place whatever, where a person is restrained of his liberty under lawful arrest
for a supposed offense, is a prison within this act, whether the common gaol, the street, the house of
the constable or of a private person, or as Lord Coke expresses it, 2 Inst., 589.
But the party must be actually imprisoned, for if the sheriff have a capias upou an indictment
against A. and come to arrest him and is prevented from arresting him, this is not a felony, for A.
never was in prison. And there must, too, be an actual forcible breaking of the prison by the prisoner
himself; therefore if a stranger break the prison without the prisoner's procurement, or if the door
be open and he goes out, or if the gaoler himself lets him out, this is no felony in him, but only a
misdemeanor.
If the prison be set on fire, or struck by lightning, or in any like case of inevitable necessity not
produced by the prisoner bimself, he may break it to escape. And no breach of a prison Will amount
to a felony unless the prisoner escape. 2 Inst. (Swºpra). -
The words “have judgment of life or member” mean “shall be guilty of felony.” If therefore
the party were arrested for an offense, such as petty larceny, or homicide in self-defense, etc., which
do not require judgment of life or member, a prison breach by him is no felony. All such offenses,
however, are high misprisons, and punishable by fine and imprisonment, “for it can not be thought
the meaning of the statute, in ordaining that such offenses shall not be punished as capital ones, to
intend that they shall not be punished at all.” 2 Hawk., P. C., 128. &
The rescue of or forcibly freeing another from arrest or imprisonment is in most instances of the
Same nature as the offense of prison breaking.
1 Edward II, ch.
2, sec. 1, A.D. 1307.
Alex. Brit. Stat.,
158.
Kilty’s Rep., 215.
186
CHAPTER xvi.I.-DEBT AND MONEY.
Priests or clerks
shall not be arrest-
ed during divine
service.
50 Edward III,
ch.5, sec. 1, AD. .
1376
Alex. Brit.Stat.,
178,179.
Rilty's Rep., 44.
SEC. 157. Item, Because that complaint is made to our lord the
King by the clergy of his said realm of England, that as well divers
priests bearing the Sweet body of Our Lord Jesus Christ to sick peo-
le, and their clerks with them, as otherwise divers other persons of
jy church, whiles they attend to divine services in churches,
churchyards, and other places dedicate to God, be sundry times
taken and arrested by authority royal, and commandment of other
temporal lords, in offence of God, and of the liberties of holy church,
and also in disturbance of divine services aforesaid; the same our
lord the King, who would be sore displeased if any did in such man-
ner, will and granteth, and defendeth upon grievous forfeiture, that
none do the same from henceforth, so that collusion or feigned cause
be not found in any of the said persons of holy church in this behalf.
SEC. 158. Item, Because that prelates do complain themselves, that
as well beneficed people of holy church, as other, be arrested and
drawn out as well of cathedral churches, as of other churches and
their churchyards, and sometime whiles they be intended to divine
Services, and also in other places, although they be bearing the
body of Our Lord Jesus Christ to sick persons, and so arrested and
drawn out, be bound and brought to prison against the liberty of
holy church : (2) it is ordained, that if any minister [of the King,
or other, do arrest any person of holy church by such manner, and
thereof be duly convict, he shall have imprisonment and then be ran-
Somed [at the King's will, and make gree to the parties so arrested :
(3) Provided always, That the said people of holy church shall not
hold them within the churches or sanctuaries by fraud or collusion
in any manner. * - *
Penalty for
arresting of priests
during divine
service; imprison-
ment, severe fine,
and civil action.
1 Richard II, ch.
15, Sec. 1, A. D.
1377.
Alex. Brit. Stat.,
183,184.
Kilty’s Rep.,222.
* The word “ransomed ” means, severely fined, 6 D, C, Reports, 53 U. S. vs. Griffin.
CHAPTER SEVENTEEN.
DEBT AND MONEY. -
SeC. Sec.
1. Debt of District not to be increased. | 13. Same subject, interest on said bonds
Penalty for violation of this section. payable by Treasury. -
2. Commissioners of sinking fund abol- || 14. Additional certificates of indebted-
ished; Treasurer of United States ness, power to issue annulled.
to exercise their duties. Sewer certificates, further issue of,
3. Treasurer's power to sell bonds to prohibited. -
pay judgments of Court of Claims, 15. Funding liabilities of city of Wash-
etc. - ington; issuance of bonds and tax-
4. Same, may purchase funded debt of ation for same; certain unsold
District for sinking fund. ~ :- bonds, negotiation of.
5. Retained money on contracts not to 16. Appropriations for interest and sink-
be invested, except, etc. ing fund; how deposited; balances,
6. Certain bonds, etc., to be destroyed, how treated by Treasurer. Inter-
etc. est on appropriations for water
7. Three-sixty-five bonds may be issued Supply, how disbursed; duties of
in lieu of others. Treasurer as to amount due United
8. Issuance of twenty-year 5 per cent States.
bonds to redeem funded debt; 17. Eight per cent certificates and cou-
form of bonds, etc. pons of all bonds paid, to be de-
9. Same subject, Sale of bonds and dis- stroyed.
position of proceeds. y 18. Interest of sinking-fund appropria-
10. Same subject, repeal clause. , tion, balances to be consolidated
11. Same subject, issuance of said bonds; in Treasury.
- proviso, limit of issue. 19. Improvement and repair act of the
12. Issuance of fifty year 3.65 bonds; such legislative assembly, etc.,approved.
bonds exempt from taxation; pay- 20. Certificates of indebtedness of city
ment of interest on, Secured; bonds of Washington, certain of, to be
to be numbered and registered; used only for payment of indebt-
frauds in issue of, prevented; to be edness due June 6, 1871.
exchanged for other indebtedness. 21. Penalty for violation of section 20
(See Section 22 of this chapter.) of this chapter.
CHAPTER XVII. —DEBT AND MONEY. 187
Sec. Sec.
22. Amendment to section 12 of this 26. Money from sale of animals or other
chapter. Registered bonds may be property (except water depart-
issued for coupon bonds; the in- ment) to be paid into Treasury;
terest, where payable. disposition of same.
23. Annual report of sinking fund. 27. Money received for taxes not to be
24. Sinking-fund bonds to be registered. diverted from legitimate objects.
25. Revenues and appropriations to be .
deposited in Treasury. How with-
drawn and accounted for.
SEC. 1. There shall be no increase of the present amount of the total Debt of District
indebtedness of the District of Columbia; and any officer or person 9.9 ºn-
who shall knowingly increase, or aid or abet in increasing, such total *P*Y.
indebtedness, shall be deemed guilty of a high misdemeanor, and, Mar. 14, 1876.
on conviction thereof, shall be punished by imprisonment not exceed. 19, Stat., 911,
* -- ~~ * fºr K. ſº Sec. 2.
ing ten years, and by fine not exceeding ten thousand dollars. 78, June 11,
18
ch. 180, sec. 13. 1880, June 16, ch. 243. 1881, Mar. 3, ch. 134, sec. 4.
SEC. 2. The offices of sinking-fund commissioners are hereby U. S. Treasurer
abolished; and all duties and powers possessed by said commissioners ºbesºng fund
are transferred to, and shall be exercised by, the Treasurer of the *.*.*...tº
United States, who shall perform the same in accordance with the Ge.º. g y
rovisions of existing laws. *-*-** ...-----------msm-ºr-a
p S June 8, 1878.
tº 20 Stat., ch. 170, sec. 7, p. 107. 1 Sup. R. S., 345; 2 ed., ibid., 179.
SEC. 3. The Treasurer of the United States, as ex-officio sinking- Treasurer may
fund commissioner, is hereby authorized, whenever in his opinion it sell bonds to pay
will be more advantageous for the interest of the District of Columbia * dº Ér
to do so, to sell the bonds authorized to be issued under the provi- d.s.. etc.
sions of the sixth section of the act of the Congress of the United 5
States entitled “An act to provide for the settlement of all outstand- *: . *:
ing claims against the District of Columbia, and conferring juris i; "jū. 16
diction on the Court of Claims to hear the same, and for other ch. 243, sec. 6. "
purposes,” approved June sixteenth, eighteen hundred and eighty,
for the satisfaction of the judgments which may be rendered by said
Court of Claims under the provisions of said act, and pay the said
judgments from the proceeds of said sales, instead of delivering to
said judgment claimants the said bonds as provided for in said act:
SEC. 4. Hereafter the said Treasurer, as ex-officio sinking-fund Treasurer may
commissioner as aforesaid, with the approval of the Secretary of the purchase, funded
Treasury, is hereby authorized and empowered to purchase any of tºº. º
the funded indebtedness of said District of Columbia for the sinking- ln King Iund.
fund authorized to be created for the redemption and payment of 34.Staff, 384.
the indebtedness of said District of Columbia, as in his opinion may **P****
be for the best interests of said District of Columbia.
SEC. 5. The Treasurer of the United States, as Commissioner of Retained money
the Sinking-Fund of the District of Columbia, shall not be compelled .º.º.
Hereafter to invest money retained from District contracts hereafter § º:
entered into; but may, in his discretion retain Said funds without uſer of United
interest, or invest the same in any class of United States, or District States.
of Columbia bonds, at the request and at the risk, of the contractor, T.M.T. Iss;
whenever the sum retained on any contract shall reach the sum of ºstaſ...}55,
one hundred dollars or more. Any sum less than one hundred dol- p. 501.
lars shall be retained without interest as above. 2Sup. R. S., 559.
SEC. 6. The commissioners of the District of Columbia and the Bonds, certifi-
Treasurer of the United States as * commissioners of the sinking . dº º:
fund of said District, shall destroy by burning all bonds, sewer cer- . to be de-
tificates and other obligations of every kind of the city of Wash- º
* See sec. 7, ch. 170, act of Congress, June 8, 1878, 20 Stat., 107.
188
CHAPTER XVII.—DEBT AND MONEY.
Mar. 3, 1875.
18 Stat., 501, sec.
16.
1 Sup. R. S., 193.
Three-sixty-five
bonds may be is-
sued in lieu of
others. g
Ibid., sec. 18.
Commissioners
to issue b on d s,
twenty-year 5 per
cent to redeem
funded debt.
June 10, 1879.
21 Stat., 9.
Form, etc.
Proviso.
Sale of bonds
and disposition of
proceeds.
Ibid.
\
ington the city of Georgetown or the District of Columbia whatso-
ever heretofore paid or redeemed by either of Said boards under the
direction of the Secretary of the Treasury and shall preserve the
evidence thereof as shall be prescribed by said Secretary.
SEC. 7. The three-sixty-five registered bonds of the District of Co-
lumbia, authorized by acts of Congress, approved June twentieth,
eighteen hundred and seventy-four, and February twentieth, eighteen
hundred and seventy-five, in lieu of coupon bonds, may be issued in
denominations of one thousand dollars and five thousand dollars.
SEC. 8. The Commissioners of the District of Columbia are hereby
authorized to prepare, execute, and deposit with the Secretary of
the Treasury of the United States bonds of the District of Colum-
bia, bearing interest not exceeding five per centum per annum, and
payable twenty years after date, to the amount of not more than
one million two hundred thousand dollars, the proceeds to be used
only for the redemption of funded indebtedness of said District or
of the late municipal corporations of Washington and Georgetown
which became due January first and March first, eighteen hundred
and Seventy-nine, or those now existing and payable at pleasure, for
the redemption of which the sinking fund of said District may not
#: Said five per centum bonds shall be in such form and
enominations as the Secretary of the Treasury shall approve, and
shall be numbered consecutively and registered in the office of the
auditor of said District, and also in the office of the Register of the
Treasury of the United States, in such manner as the Secretary of
the Treasury may direct, and shall bear the seal of the District of
Columbia: Provided, That this act shall not be construed to make
the government of the United States liable for either the principal
or interest of said bonds, or any part thereof. -
SEC. 9.. Said bonds shall be sold by the Secretary of the Treasury
to the highest bidder upon public tender, but for not less than their
par value, after being advertised for one week in two daily news-
papers in the city of Washington and two in the city of New York.
The bids shall be opened by the Secretary of the Treasury and the
awards approved by him. The money realized from the sale of said
bonds shall be paid out by the Secretary of the Treasury only for
the purposes named in this act.
Repeals.
Ibid., Sec. 2.
Issue of twenty-
year 5 per cent
bonds of District
of Columbia.
June 8, 1880.
21 Stat., 165.
1879, ch. 17.
Stat. I, Sess. I.
Proviso.
SEC. 10. The provisions of all acts conflicting herewith, and the
acts or parts of acts authorizing said Commissioners of the District
of Columbia to issue bonds to redeem certain bonds of said District
falling due January first and March first, eighteen hundred and
seventy-nine, no bonds having been issued thereunder, are hereby
repealed. - -
SEC. 11. The act entitled “An act authorizing the Commissioners
of the District of Columbia to issue twenty-year five per centum
bonds of the District of Columbia to redeem certain funded indebt-
edness of said District,” approved June tenth, eighteen hundred
and Seventy-nine, is hereby so amended as to authorize the Commis-
sioners of said District to issue, registered bonds as well as coupon
bonds upon the terms and conditions and in the manner provided
in said act ; and the Secretary of the Treasury be, and hereby is,
authorized to exchange registered bonds for coupon bonds already
issued under the authority of the act approved June tenth, eighteen
hundred and seventy-nine, and to sell either the registered or coupon
bonds, as may be most to the benefit of the said District, at not less
than their par value, in the redemption of the said funded indebt-
edness of said District : Provided, That the amount of both the reg-
CHAPTER xvii.-DEBT AND MONEY. 189
istered and coupon bonds so issued or exchanged, with those already
issued under said act, shall not exceed the amount of One million two Limit to issue
hundred thousand dollars, as provided in said act of June tenth, bonds.
eighteen hundred and seventy-nine.
SEC. 12. The sinking-fund, commissioners of said District are sinking-fund
hereby continued ; and it shall be the duty of said sinking-fund com- commissioners to
missioners to cause bonds of the District of Columbia to be prepared, issue, fifty year
in sums of fifty and five hundred dollars, bearing date August first, *.*.*... .
e º - empt from tax-
eighteen hundred and seventy-four, payable fifty years after date, ...
bearing interest at the rate of three and sixty-five hundredths per
centum per annum, payable semi-annually, to be signed by the Sec- º isiºn -
retary and the treasurer of Said sinking-fund commissioners and se...” al., 5
countersigned by the comptroller of Said District, and sealed as the 3 sup. R. S., 23.
board may direct ; which bonds shall be exempt from taxation by
|Federal, State, or municipal authority, engraved and printed at the
expense of the District of Columbia, and in form not inconsistent
herewith. And the faith of the United States is hereby pledged Faith of the Uni-
that the United States will, by proper proportional appropriations ted States pledged
as contemplated in this act, and by causiug to be levied upon the to secure the Pay-
property within said District such taxes as will [do so] provide the ºnt of interest,
revenues necessary to pay the interest on said bonds as the same may
become due and payable, and create a sinking-fund for the payment
of the principal thereof at maturity. Said bonds shall be numbered Bonds to be num-
consecutively, and registered in the office of the comptroller of Said bered and regis-
District, and shall also be registered in the office of the Register of tered.
the Treasury of the United States, for which last named registration
the Secretary of the Treasury shall make such provision as may be
necessary. And said commissioners shall use all necessary means
for the prevention of any unauthorized or fraudulent issue of any of Prevention of
such bonds. And the said sinking-fund commissioners are hereby fradulent issues.
authorized to exchange said bonds at par for like sums of any class Exchange of
of indebtedness in the preceding section of this act named, including bonds for otherin-
sewer taxes or assessments paid, evidenced by certificates of the *
auditing board provided for in this act.*
SEC. 13. Hereafter the Secretary of the Treasury shall pay the Interest on 3.65
interest on the three-sixty-five bonds of the District of Columbia bonds, payable by
issued in pursuance of the act of Congress approved June twentieth, Šecretary of the
eighteen hundred and seventy-four, when the same shall become Treasury.
due and payable; and all amounts so paid shall be credited as a part June 11, 1878.
of the appropriation for the year by the United States toward the 39, Sta;, 10%
; c. 4-1- ... l- •o; ºnlina. • Avrº 2Sup. R. S., 176,
expenses of the District of Columbia, as hereinbefore provided. 177. 1874, ch, 337.
18 Stat., 116.
SEC. 14. The authority conferred on the board of, public works to Annullment of
issue additional certificates of indebtedness by section four of the act º §º.
of the legislative assembly approved on the twenty-ninth day of . sº *
May, eighteen hundred and seventy-three, is hereby annulled. No No property to
property shall be advertised for sale or sold for the collection of any be advertised or
assessment authorized by the legislative assembly by the act entitled ºld, for sewer
“An act creating drainage and sewerage sections in the cities of ***......,
e S S gº “’s “. & * Further issue of
Washington and Georgetown, in the District of Columbia, and pro- sewer certificates
viding for the payment of the construction of sewers and drains prohibited.
therein by assessments and issuing certificates therefor’’ approved
tº s s June 20, 1874.
on the twenty-sixth day of June, eighteen hundred and seventy is stat. 130,
three, until otherwise ordered by Congress; and it shall be unlawful sec. 8.
to issue any further certificates of indebtedness authorized by said
act.
* The words “do so" in brackets, in this section, were added by act of Feb. 20, 1785, 18 Stat., p.
332, ch. 94 : see also 2 ed., Sup. R. S. p., 64.
&
190 CHAPTER xv.11.—DEBT AND MON EY.
Approval of act SEC. 15. The act of the legislative assembly of the District of
* ºlºgislative Columbia entitled “An act to fund unsettled liabilities of the city of
*... unsold Washington, and providing for the issuing of the bonds, and levy-
bonds not to be ing and collecting taxes to pay the same” approved June twentieth,
negotiated at less eighteen hundred and seventy-two,' is hereby ratified and approved;
than par. but none of the bonds authorized by said act remaining unsold shall
Ibid.s...To be negotiated or sold at less than par. -
'Acts of Leg. Assem., ch. 34, p. 51.
f Apºlº j SEC. 16. The Commissioners of the District of Columbia are
..i.º.d “... directed to deposit the amount annually appropriated for interest and
8.5 - e e T v. . * . * ſº
water bonds to be sinking-fund for the water-bonds to the credit of the appropriation
deposited to credit for interest and sinking-fund for the funded indebtedness of the Dis-
of interest, and trict of Columbia; and that the Treasurer of the United States, as
; dº.” sinking-fund commissioner of the District of Columbia, shall, after
”* paying the interest on the funded indebtedness of the District,
July 5, 1884, including the interest on the water-bonds, out of the combined funds,
23 Stat., 131, invest the balance thereof on account of the several sinking-funds
Sec. 1. in such bonds of the District of Columbia, including the water-
*...*.*.*.*.*.*.* bonds, as he may deem most advantageous; to pay interest on one-half
United States to . ** -
e * of all moneys already advanced, and that may be advanced to July
invest certain bal- * - gº T-T e
ances in bonds of first, eighteen hundred and eighty-five, by the United States (except-
District of Colum-ing the amounts advanced for constructing fishways), under the pro-
bia in his discre- visions of an act approved July fifteenth, eighteen hundred and
tiºn: , , , eighty-two, entitled “An act to increase the water supply of the city
I m t e rest on 5 º ~ - 22 1. l- > - º
amount appropºi of Washington, and for other purposes,” thirty thousand dollars, or
ated for increase so much thereof as may be required, said amount to be drawn from
of supply of water, the Treasury only on the requisition of the Treasurer of the United
sº to be drº States: Provided, That hereafter it shall be the duty of the Commis-
n l 1) I’ j- . º * g • - * e *
º º sioners of the District of Columbia to include in their annual esti-
United States. mates for the expenses of the water department an estimate, to be
22 Stat., 168, made by the Treasurer of the United States, of the amount neces-
Proviso. sary to refund, in not less than twenty-five annual instalments, one
uţă "state. º half of the amount advanced by the United States under the said act
...te”.u. of July fifteenth, eighteen hundred and eighty-two, with interest on
to refund to said amount at the rate of three per centum per annum, computed
United States, in annually on the principal sum remaining unpaid ; in all, one hundred
instalments. With and eighty-six thousand three hundred and forty-nine dollars.
interest, one-half -
the amount advanced by United States remaining unpaid for increase of water sup-
ply, 22 Stat., 170. t e
Eight per cent SEC. 17. The Treasurer of the United States is hereby authorized
..., Of ... to cause to be destroyed, in the same manner as United States securi-
º: ties are destroyed, all the eight per centum certificates of indebted-
struction of au- ness, and coupons thereof, together with all coupons of other Dis-
thorized. trict of Columbia bonds due prior to July, eighteen hundred and
July 5, 1884 seventy-eight, which have been or may hereafter be paid or retired
§§tat...i.227, by payment of taxes or by purchase.
p. 131.
Consolidation of SEC. 18. Any balances now unexpended of the appropriations for
unexpended bal- interest and sinking-fund for the District of Columbia may be con-
..º.º.º. solidated on the books of the Treasury Department, and hereafter
ations for interest * º 4-º' 2-º ºr 3 &
jºin.º. any amount appropriated for any fiscal year may be consolidated
with the unexpended balances 'of the appropriations for the same
Ibid. purpose for the years preceding.
Certain act con- SEC. 19. The act of the legislative assembly, approved July tenth,
firmed. eighteen hundred and Seventy-one, entitled “An act making appro-
Sec. 127, R. S. priations for improvements and repairs in the District of Columbia,
D. C. and providing for the payment thereof.” is approved, ratified, and
confirmed.
CHAPTER XVII. —DEBT AND MONEY. 191
SEC. 20. The certificates of indebtedness of the corporation of Restrictions up-
Washington, issued by authority of acts of Congress of July seventh 9. i. ; º
and fifteenth, eighteen hundred and seventy, shall be used for no . * *
85 tº * debtedness.
other purpose than the payment of the ascertained indebtedness of
said corporation on the sixth day of June, eighteen hundred and pº 128, R. S.
seventy. 7 July, 1870, ch.
212, secs. 6, 7, v.16, p. 191.
SEC. 21. Any person who shall violate the provisions of the pre- , Penalty for vio-
ceding section shall be deemed guilty of a misdemeanor in office, and lation ºf Preced-
be dismissed therefrom. ing Section.
Sec. 129, R. S. D. C.
SEC. 22. The seventh section of the act of Congress entitled “An Amending, 1874,
act for the government of the District of Columbia, and for other ; S. 7; ante,
purposes,” approved June twentieth, eighteen hundred and seventy- “... db
four, is hereby, amended by inserting the words “do so.” after the ºº::
fortieth word following the first period in said section, so that it will coupon bonds; the
read: “And the faith of the United States is hereby pledged that the interests, where
United States will, by proper proportional appropriations as contem- payable.
plated in this act, and by causing to be levied upon the property Feb. 20, 1875.
within said District such taxes as will do so, provide the revenues 18 Stat., ch. 94,
necessary to pay the interest on said bonds as the same may become p.º. -
due and payable, and create a sinking fund for the payment of the **P*** *
F. thereof at maturity”: Provided, That registered bonds may
e issued in lieu of coupon bonds as provided in said act or exchanged
for coupon bonds already issued, and the interest of all said bonds
shall be payable at the Treasury of the United States.
SEC. 23. The Treasurer of the United States, as [commissioner of Treasurer to
the sinking-fund] shall, on or before the first day of January in each make annual, I'G-
year, cause to be placed on record in the office of the Assessor Pº,”.º.º.
[register] of said District, a full and complete report of all their acts. #. Commis-
- Sec. 135, R. S.D. C.
SEC. 24. A proper registry shall be kept in the office of the Registry of sink-
Assessor [register] of the District of the number, denomination, ing-fund bonds to
and date of issue of the bonds mentioned in the preceding sections, ***P*
and to whom such bonds were issued. - Sec. 136, R. S.
D. C.
SEC. 25. Hereafter all moneys appropriated for the expenses of . Appropriations,
the government of the District of Columbia, together with all reve- ºthº sº TeV—
nues of the District of Columbia from taxes of otherwise, shall be ...? º #.
deposited in the Treasury of the United States, as required by the ury.
F.” of section four of an act approved June eleventh, eighteen Mar. 3, 1883
undred and seventy eight, and shall be drawn therefrom only on º: lº,
requisition of the Commissioners of the District of Columbia (except **”
that the moneys appropriated for interest and the sinking-fund shall
be drawn therefrom only on the requisition of the Treasurer of the
United States), such requisition specifying the appropriation upon
which the same is drawn; and in no case shall such appropriation be
exceeded either in requisition or expenditure ; and the accounts for
all disbursements of the Commissioners of said District shall be made Disbursement
monthly to the accounting officers of the Treasury by the auditor of accºunts, made
the District of Columbia, on vouchers certified by the Commission- tºº. y * i .
ers, as now required by law : Provided, That said Commissioners ... “”
shall not make requisitions upon the appropriations from the Treas-
ury of the United States for a larger amount during the fiscal year
eighteen hundred and eighty-four than they make On the appropria-
tions arising from the revenues of said District, including one-half
of all general taxes paid in drawback certificates during said fiscal
year, as required by the third section of the act approved June 21 Stat., 36.
*
192 CHAPTER XVIII.-DESCENTS.
&
twenty-seventh, eighteen hundred and seventy-nine, entitled “An
act fixing the rate of interest upon arrearages of general taxes and
assessments for special improvements now, due to the District of
Columbia, and for a revision of assessments for special improve-
ments, and for other purposes.”
Moneys from sale SEC. 26. Hereafter all moneys received from the sales of animals
º or material of any sort, purchased under appropriations made for
º *. the District of Columbia since July first, eighteen hundred, and
into Treasury; dis. Seventy-eight, other than for the Water department, shall be paid into
position of same, the Treasury of the United States, to the credit of the United States
Mar. 2, 1889. and the District in equal parts; and all balances of appropriations
35 stat. c. 370, that have been heretofore or that shall be hereafter made for the
sec. 3, p. 808. District of Columbia under section three of the act of June eleventh,
§glºsiº eighteen hundred and seventy-eight, entitled “An act providing a
º ś, *...* * permanent form of government for the District of Columbia,” here-
v. • 3 + v v - tofore or hereafter remaining unexpended at the end of two years
from the close of the fiscal year for which such appropriations have
been or shall be made, shall be covered into the Treasury, one-half
to the credit of the surplus fund and one-half to the credit of the
general fund of the District of Columbia.
Money received SEC. 27. It shall not be lawful for the District authorities, or any
from taxes not to º with the disbursements of money in the District, to
*.*.*.*.*.* divert from its legitimate object any money levied or collected as
legitimate objects taxes from the people of the District.
July 7, 1870. -**
Sec. 116, R. S.
T). C.
16Stat., 190, 191.
CHAPTER EIGHTEEN. . ~,
DESCENTS.
Sec.
1. How lands shall descend ; order of
descent. (For distribution of per-
sonalty of intestates, see Admin-
istration, ante.)
2. No right in lands, etc., shall vest
except in children; posthumous
children. .
3. What persons shall be considered in
same degree, etc.
4. Advancements to heirs by intestates,
how treated ; hotchpot.
5. Entails, dower right, etc., not to be
affected, etc. -
6. Children legitimized by parents mar-
riage and fathers, acknowledg-
ment capable of inheriting, etc.
€C.
7. Issue of colored persons married
according to customs prevailing at
time and place of marriage, may
take and transmit property by
inheritance, etc., as legitimate.
8. Foregoing section to take effect from
paSSage.
9. Posthumous
estates.
10. Proviso to preceding section as to
marriage or other settlements.
11. Descents shall not bar right of entry,
unless disseisor had possession five
years.
children may take
SEC. 1. If after the commencement of this act, any person seized
of an estate in any lands, tenements or hereditaments, lying or being
Md. actimsg, ch. in this District [state, Jin fee-simple or fee-simple conditional, hereto-
How lands shall
descend.
45, sec. 2. fore or hereafter acquired, or of an estate in fee-tail, to the heirs of
#. "p the body generally, created and acquired after the commencement of
17; "“”P “” this act, shall die intestate thereof, such lands, tenements or heredita-
19Wallace Rep., ments, shall descend to the kindred, male and female, of such person,
168, Cropley vs. in the following order, to wit: First to the child or children and their
ºpe; ºngº, descendants, if any, equally, and if no child or descendant, and the
º Fº estate descended to the intestate on the part of the fathcr, then to the
& y; father, and if no father living, then to the brothers and sisters of
Rep., 331, Geof- * &
º #: 6 the intestate of the blood of the father, and their descendants
CHAPTER xviii.-DESCENTS. - 193
equally, and if no brother or sister as aforesaid, or descendant from Mackey Rep., 405,
such brother or sister, then to the grand-father on the part of the Miller vs. Fleming;
father, and if no such grand-father living, them to the descendants ºpiº,
of such grand-father and their descendants inequal degree equally, *ś.
e - e * * * - º # 8 Md. Rep., Oſb,
and if no descendant of such grand-father, then to the father of such Biiſing sity º
grand-father, and if none such living, then to the descendants of Tongue.
the father of such grand-father in equal degree, and so on, passing ... ſº Md. Rep.,84;
to the next lineal male paternal ancestor, and if none such, to his §§ º
descendants in equal degree without end, and if no paternal ancestor, poſſily ...'T.
or descendant from such ancestor, then to the mother of the intes- mer; 29 Md. Rep.,
tate, and if no mother living, to her descendants in equal degree 133, McComas vs.
equally, and if no mother living, or descendants from such mother, *: 5 Fº
then to the maternal ancestors and their descendants in the same ...e. sº 3, X-
manner as is above directed as to the paternal ancestors and their "360 Md. Rep. 81,
descendants, and if the estate descended to the intestate on the part Donnelly vs. Tur-
of the mother, and the intestate shall die without any child or descend- ne.
ants as aforesaid, then the estate shall go to the mother, and if no T 4 Md. Repºll,
& © e • ' Torrance vs. Tor-
mother living, then to the brothers and sisters of the intestate of anº. 3 Căil and
the blood of the mother and their descendants in equal degree equally, J. Rep., 1, Stewart
and if no such brother or sister, or descendant of such brother or vs. Jones; 3 Har.
sister, then to the grand-father on the part of the mother", and if no §. J. Repº,
• e. - g e * Stewart vs. Evans;
such grand-father living, then to his descendants in equal degree " ... "... “.
equally, and if no such descendant of such grand-father, then to the 256, Hall vs. ja:
father of such grand-father, and if none such living, then to his cobs.
descendants in equal degree, and soon, passing to the next male mater- p. º. º.º.
mal ancestor, and if none such living, to his descendants inequal degree .*. Stewart
and if no such maternal ancestor, or descendant from any maternal "ºi Mä. Rep.,
ancestor, then to the father of the intestate, and if no father living, to 113, Southgate is.
his descendants in equal degree equally, and if no father living, or Annan.
descendant from the father, then to the paternal ancestors and their
descendants in the same manner as is above directed as to the mater-
mal ancestors; and if the estate is or shall be vested in the intestate
by purchase, and not derived from or through either of his ancestors,
and there be no child or descendant of such intestate, then the estate
shall descend to the brothers and sisters of such intestate of the
whole blood, and their descendants, in equal degree equally,” and if
no brother or sister of the whole blood, or descendant from such
brother or sister, then to the brothers and sisters of the half blood
and their descendants, in equal degree equally,” and if no brother or
sister of the whole or half blood, or any descendant from such brother
or sister, then to the father, and if no father living, then to the
mother, and if no mother living, then to the grand-father on the
part of the father, and if no such grand-father living, then to the
escendants of such grand-father in equal degree equally,” and if no
such grand-father, or any descendant from him, then to the grand-
father on the part of the mother, and if no such grand-father, 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, and if there
be no descendants or kindred of the intestate as aforesaid to take the
estate, then the same shall go to the husband or wife, 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 then had died entitled to the estate by purchase,
and if the intestate has had more husbands or wives than one, and all
shall die before such intestate, then the estate shall be equally divided
among the kindred of the several husbands or wives in equal degree
equally.” - ---
* For distribution of personal estate of intestate. See “Administration,” ante.
13 C S
194 Chapter xviii-DESCENTS.
No right shall SEC. 2. That no right in the inheritance shall accrue to or vest in
àº. any person other than to children of the intestate and their descend-
jid." ants, unless such person is in being, and capable in law to take as
e 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
ii.” Dig, same right of inheritance as if born before the death of the intestate.
180. 65 Md. Rep., 283, Shriver vs. State. Alex. Brit. Stat.,640.
Wºº ... SEG 3. If in the descending or collateral line any father or mother
.* may be dead, the child or children of such father or mother shall,
- egr ee, etc. 5 º * e - * -
by representation, be considered in the same degree as the father or
- # Sec. 4. mother would have been if living, and shall have the same share of
#: º 98. Dig. the estate as the father or mother if living would have been entitled
181 D. D19. , to, and no more ; and in such case, where there is more children
2 Peters Rep., than one, the share aforesaid shall be equally divided among such
613, Chirac vs. children. . . . . . * g
Reinecker. +. . , - . . * *
Advancement SEC. 4. Amy child or children of the intestate, or their issue, hav-
**P* ing received from the intestate any real estate by way of advance-
Ibid., sec. 5. ment, may elect to come into partition with the other parceners, on
2 Kilty, 98. bringing such advancement into hotchpot with the estate descended,
Thomp. Pº, but such child or children, or their issue, shall not be entitled to
§ Md. Rep., claim a share by descent, without bringing such advancement into
604, Dilley is the common stock or hotchpot, if there be another child or children
Love; 27 Md. unprovided for.
Rep., 693, Clark
'ws. Wilson.
Entails, etc., not SEC. 5. Nothing herein contained shall be construed or taken to
º alter, or in any manner change the course of descent as heretofore
* * * used and established, so as to affect the case of any entail or limita-
Ibid., Sec. 6, tion in tail whatever, made, created and in being, before the com-.
2 Kilty, 98. mencement of this act, but the same shall, during the continuance
15 Md. Rep., 160, e : l r sº lºw-vº S4-,-, 4-3 e e & gº -
Simper §. of the estate in tail or limitation in tail, and until the same may be
pers vs. Simp &
ers; i Mä. Rep., legally destroyed or barred, descend according to the course of descent
163, Chew vs. heretofore used and established, nor shall anything herein be taken
Chew. or construed to interfere with or alter any limitation, grant or gift,
by devise, conveyance or otherwise, to special or particular heirs in
a different course of descent from what is by this act specified, but
in such cases the descent shall be according to the limitation or form
of the gift, devise or grant, until the entail shall be legally barred or
destroyed, nor shall this, or anything therein contained be taken or
construed to bar or affect any widow’s right of dower,
Shildren legiti, SEC. 6. If any man shall have one or more children by any woman
º pººl. whom he shall afterwards marry, such child or chidren, if acknowl-
jºin... edged by the man, shall in virtue of such marriage and acknowledg-
edgment; capable ment be hereby legitimated, and capable in law to inherit and trans-
of inheriting, etc. mit inheritance as if born in wedlock.
Ibid., sec. 7. -
2 Kilty, 98. Thomp. Dig., 182. 14 Peters Rep., 199, Brewer vs. Blougher; 3 Wal-
lace Rep., 176, Blackburn vs. Crawfords; 43 Md. Rep., 516, Hawbecker vs. Haw-
becker; 31 Md. Rep., 116, Southgate vs. Annan; 2 Bland Rep., 544, Helms vs. Fran-
ciscus; 2 Bland Rep. , 236, Campbell's case; 7 Har, andr.J. Rep., 1 Bevans vs. Taylor;
5 Har. and J. Rep., 10, Pratt vs. Flamer.
Issue of colored SEC. 7. The issue of any marriage of colored persons, contracted
...”. º and entered into according to any custom prevailing at the time in
tom ºil. ... any of the States wherein the same occurred, shall, for all º
time" and piāce of descent and inheritance and, the transmission of both real and
may in District of personal property within the District of Columbia, be deemed and
99tumbia take and held to be legitimate, and capable of inheriting and transmitting
*P*P*Y inheritance, and taking as next of kin and distributee according to
CHAPTER xviii.-DESCENTS.
195
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 con-
trary 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. [See §§ 724, 725, 726, R. S. D. C.] ;
SEC. 8. This act shall take effect and be in force from and after
its passage.
SEC. 9. Whereas it often happens that by marriage and other Set-
tlements, estates are limited in remainder to the use of the Sons and
daughters, the issue of such marriage, with remainders over, with-
out limiting an estate to trustees to preserve the contingent remain-
ders imited to such sons and daughters, by which means such sons
and daughters, if they happen to be born after the decease of their
father, are in danger to be defeated of their remainder by the next
in remainder after them, and left unprovided for by such settle-
ments, contrary to the intent of the parties that made those settle-
ments :
Be it enacted, &c., That where any estate already is or shall here-
after, by any marriage or other settlement, be limited in remainder
to, or to the use of the first or other son or sons of the body of any
person lawfully begotten, with any remainder or remainders over
to, or to the use of any other person or persons, or in remainder to,
or to the use of a daughter or daughters lawfully begotten, with any
remainder or remainders to any other person or persons, that any
son or sons, or daughter or daughters of such person or persons law-
fully begotten. Or to be begotten, that shall be born after the decease
of his, her, or their father, shall and may, by virtue of such settle-
ment, take such estate so limited to the first and other sons, or to
the daughter or daughters, in the same manner as if born in the life
time of his, her, or their father, although there shall happen no
estate to be limited to trustees, after the decease of the father, to
preserve the contingent remainder to such afterborn son or sons,
daughter or daughters, until he, she, or they come in esse, or are
born, to take the same ; any law or usage to the contrary in any
wise notwithstanding. (see Md. Act 1786, ch. 45, § 3.)
SEC. 10. Provided always, That nothing in this act shalſ extend
or be construed to extend to devest any estate in remainder, that, b
virtue of any marriage or other settlement, is already come to the
possession of any person or persons, or to whom any right is accrued,
though not in actual possession, by reason or means of any after-
born Son or Sons, or daughter or daughters not happening to be born
in the life time of his, her, or their father. - -
SEC. 11. Where divers persons of their insatiable minds have here-
tofore by strength, and without title, entered into manors, lands,
tenements, and other hereditaments, and wrongfully disseised the
rightful owners and possessors thereof, and so being seised by dis-
Seisin, have thereof died seised, by reason of which dying seised, the
disseisee, or such other persons as before such descent might have
lawfully entered into the said manors, lands, and tenements, were,
and be thereby clearly excluded of their entry into the said manors,
lands, and tenements, and put to their action for their remedy and
recovery therein, to their great costs and charges ; (2) for reforma-
tion whereof, be it enacted by the authority of this present Parlia-
ment,
That the dying seised hereafter of any such disseisor, of, or in
any manors, lands, tenements, or other hereditaments, having no
by inheritance,
etc., as legitimate.
Feb. 6, 1879.
20 Stat., 282.
Sup. R. S. U. S.,
409.
When act takes
effect.
Ibid.
PO St hum O us
children may take
estates.
10 and 11 Wil-
liam III, ch. 16,
sec. 1, ...A. D. 1699.
Alex. Brit.Stat.,
p. 640.
Kilty's Rep.,
245.
65 Md. Rep.,
278, Shriver vs.
State; 11 Gill and
J. Rep., 185, Chase
vs. Lockerman; 1
Md., Chy. Dec.
212,Conn vs. Conn.
Proviso as to
marriage or other
settlements.
Ibid., sec. 2.
Alex, Brit.Stat.,
641.
Descents shall
not bar right of
entry, unless dis-
Seizor had posses-
Sion five years.
32 Henry VIII,
Ch. 33, sec. 1, A.
D. 1540.
Alex. Brit. Stat.,
p. 334.
Kilty's Rep., 232.
196
CHAPTER xix. —DISTRICT OF COLUMBIA, ETC.
right or title therein, shall not be taken or deemed from henceforth
any such descent in the law, for to toll or take away the entry of
any such person or persons, or their heirs, which at the time of the
same descent had good and lawful title of entry into the said manors,
lands, tenements, or hereditaments, except that such disseisor hath
had the peaceable possession of such manors, lands, tenements, or
hereditaments whereof he shall so die seised, by the space of five
years next after the disseisin therein by him committed, without
entry, or continual claim b
lawful title thereunto.
Sec.
1.
:
6
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21,
y or of such person or persons as have
CHAPTER NINETEEN.
DISTRICT OF COLUMBIA, ITS ORGANIZATION AND GOVERNMENT,
Congress to exercise exclusive legis-
lation for the District of Columbia.
. Territorial area of. (NOTE.-Organic
acts 1874 and 1878.)
. Territory named.
. Permanent seat of the Government
of the United States.
. Created a government and consti-
tuted a body corporate for munici-
pal purposes. Powers of, etc.
. Property and persons in, subject to
existing laws.
. A municipal corporation; the Com-
missioners officers thereof; existing
laws continued.
. Former cities of Washington and
Georgetown to continue to be
known as such.
. Charters of Washington and George-
town and powers of levy court con-
tinued for certain purposes.
The District, the successor of the
former corporations.
Public offices attached to seat of gov-
ernment to be exercised in the
District, and not elsewhere, etc.
Disqualification for crime, etc., for
holding office.
Register of wills, recorder of deeds,
attorney, and marshal, offices and
duties of, remain, etc.
Executive, legislative assembly,
board of public works, and delegate
abolished.
Three Commissioners; appointment
and powers of.
Engineer Commissioner, duties of,
limited. -
Assistants to Engineer Commissioner.
Engineer Commissioner's compensa-
tion.
ciº Commissioners, qualifications
OI.
Same subject, their oath of office,
salary, and bond. Board of Com-
missioners, its president, how and
when chosen.
Same subject, their term of office.
(NOTE. –Unexpired terms.)
23.
24.
. Process against District, on whom to
be served.
Sureties on bonds, who prohibited.
Powers and property vested in the
Commissioners.
Sec. -
25. Powers and authority of governor
and board of public works wested
in Commissioners; also powers over
revenues; also authorized to take
possession of books, credits, etc.,
Of District.
26. Executive power is vested in the
Commissioners. (NOTE. –Pardon ;
and respites.) *
27. Commissioners may pardon and res-
pite for offenses committed against
laws enacted by legislative assem-
bly. Commissioners shall conn-
mission all officers, etc.
28. Commissioners' powers as to water
service.
29. Same, restricted from making con-
tracts or incurring liability on ac-
count of United States, except un-
der appropriations.
30. All contracts of Commissioners to be
in writing, etc., and be filed in
office of secretary.
31. Contracts not to be made until money
be appropriated for.
32. Contracts in which Commissioners
are interested, void; payment on
them prohibited.
33. Contracts for rent of buildings not .
to be made without previous ap-
propriation by Congress.
34. Contracts for removal of garbage,
* length of, etc.
35. Insurance of property regulated.
36. Commissioners, further powers and
duties of : application of revenues.
37. Commissioners may locate hack
stands, etc. Penalty for violation
of this power.
38. Commissioners may reduce, adjust,
and equalize salaries. -
39. Commissioners may abolish or con-
solidate offices.
40. Commissioners may fix pay of Metro-
politan police, and price of light-
ing city lamps. District to pay
expenses of health office, Metro-
politan police, and lighting city
lamps.
41. Commissioners to control repairs of
StreetS, Sewers, etc.
42. Commissioners to disburse on war-
rant. all moneys, etc.
CHAPTER xIx.—DISTRICT OF COLUMBIA, ETC.
19
Sec,
43.
44.
49.
5
2
5
3
r
5
66.
. Accounts
*
Commissioners to erect and maintain
lamps, etc., outside city limits.
Commissioners to submit annual esti-
mates of work proposed to be done,
etc.
5. Same subject, as to water depart-
ment expenses. -
. Same subject, how transmitted to
Congress.
. Same subject, approval of estimate
by Secretary of the Treasury and
their transmission to Congress.
Same subject, 50 per cent of approved
estimates, to be appropriated by
Congress and other half to be raised
by taxation.
Commissioners to expend appropri-
ations for contingent expenses and
account for same and report to
Congress.
. Commissioners to report official acts
to Congress annually.
Commissioners to pay temporary
Overseers, etc., of certain works
and include same in annual re-
port. * .
. Charities, asylums, etc.. to report
annually to Commissioners, who
shall transmit same to Congress,
*
etc.
of Commissioners and
other officers to be settled by ac-
counting officers of U.S. Treasury.
. S a m e subject , to be rendered
monthly.
. Repairs of streets, alleys, etc., and
laying of pavements; notice to be
given in certain newspapers; pro-
posals, how accepted : rights of
Commissioners as to bids, etc.
(NOTE. –Permit work, etc.)
. Same subject, contracts for, how en-
tered into and preserved.
. Same subject, bond required of con-
tractor; retention of parts of con-
tract price; provisions as to laying
pavements.
. Costs of laying pavements, sewers,
etc.; how paid, and by whom.
When railways refuse to pave be-
tween tracks, etc. : duties of the
Commissioners in relation thereto.
. When railways cross streets, etc.;
costs of and grade regulated.
. Commissioners’ duties as to laying
water and gas mains, and direct
laying and replacing gas mains by
Washington Gas Light Company.
Police and school boards abolished;
transfer of their duties and author-
ity to Commissioners.
Commissioners to make building reg-
ulations.
. Building regulations and for sale of
coal when made by Commission-
ers, effect of.
. Commissioners to make rules for im-
pounding domestic animals.
Commissioners to make, modify, and
enforce police regulations as to
pawnbrokers; junk dealers; sec-
ond-hand clothing dealers; storage
of inflammable substances; street
vendors; carriage stands; hack
charges ; d r i v i ng of animals
Sec.
67.
(38.
69.
70.
9
73.
75.
76.
8
0.
through streets, etc.; dogs and
fowls running at large; deposits of .
litter, etc., on streets; noises and
fireworks; passage of vehicles on
Streets; and prescribe penalties for
their violation. -
Rules and regulations made under
preceding Section to be published.
Commissioners empowered to make
regulations as to construction, re-
pair, and operation of elevators,
CfO. *
Salme Subject, penalty for refusing to
conform to such regulations.
Commissioners not to permit tele-
graph, telephone, and electric light
wires to be put on or over streets,
etc.; to report to Congress about
removal of existing wires; may
permit laying of same understreets,
OtC. *
. Same subject, may authorize putting
wires under ground.
. Commissioners to investigate and re-
port on contracts for lighting by
gas and electricity, and invite pro-
posals.
District buildings: United States not
liable for erection of or site for,
and no land or use thereof is
granted, etc.
Condemned property to be sold at
auction, etc., and proceeds covered
into Treasury.
Oath of civil officers of District.
District offices created: Collector of
taxes; auditor; his chief clerk; in-
spector and tapper of water mains:
attorney ; assistant attorney; Sur-
veyor; market masters; superin-
tendents of public schools; fire
department; fire-alarm telegraph ;
sealers of weights and measures ;
inspectors of provisions, wood, coal,
lumber, li qu or s, feed; harbor;
lm as ter; Washington Asylum ,
trustees of poor; superintendent
of sweeps; officers of burial
grounds; secretary to Commis-
sioners ; trust ees of Corcoran
charity and such other officers as
may be necessary, etc.
. Attorney for District, his duties and
pay.
. Same, assistant attorney, his duties
and pay.
. Same, may administer oaths.
Auditor's duties, bond and salary.
. Same, chief clerk of, his duties and
salary and bond.
. Market masters, their duties and sal-
aly.
. Supérintendent of meters, additional
S7.
S8.
S9.
pay for, but salary limited.
. Duties, pay, and liabilities of certain
officers.
. No person to be appointed to office
who is not a resident.
. Officers of District to take and sub-
scribe oath, etc.; same to be certi-
fied and recorded.
All bonds of officers to be filed with
the Secretary.
Seal of the District, design for.
Samme subject, custody of Seal.
198 CHAPTER xix. —DISTRICT OF COLUMBIA, ETC.
Sec. - Sec.
90. Same subject, use of design for seal | 93. Fiscal year to commence July 1 of
authorized. each year.
91. Police laws extended to Capitol 94. Leap year, 29th of February, shall be
Square. § wº- Counted with 28th, and accounted
92. Time, standard of. One day.
Congress to ex- SEC. 1. The Congress shall have power to exercise exclusive legisla-
iſiºn º tion in all cases whatsoever, Over such district (not exceeding ten
$.”* * miles square) as may-by cession of particular States, and the accept-
District. 2 * , *
- ance of Congress, become the seat of the government of the United
#
Constitution U. States.
S., Art. 1, sec. 8, par. 16. 147 U. S. Rep., 298, Shoemaker vs. U. S.; MacArthur and
Mackey Rep., 171, Roach vs. Van Riswick; 1 Mackey Rep., 528, U. S. vs. Guiteau; 4
Mackey Rep., 285, D.C. vs. Oyster; 4 Mackey Rep., 328, D. C. vs. Waggaman; 6 Mackey
Rep., 325, U.S. vs. Crawford; 9 Wallace Rep., 41, U.S. vs. Dewitt; 97 U. S. Rep., 542,
Welch vs. Cook; 129 U. S. Rep., 141, Stoutenburgh vs. Hennick; 139 U. S. Rep., 445,
Talbott vs. Silver Bow County; 132 U. S. Rep., 1, Met. Ry. vs. D. C.
Territorial area. SEC. 2. The District of Columbia is that portion of the territory
s. . . . s. s of the United States ceded by the State of Maryland for the perma-
. C. 3. nent seat of government of the United States, including the river
July 16, 1790, ch. Potomac in its course through the District, and the islands therein. *
28, Sec. 1. 1 Stat., 130. 1 Mackey Rep., 226, Railroad vs. D. C.; 68 Md. Rep., 297,
Briscoe vs. State; 136 U. S. Rep., 479, Indiana vs. Kentucky.
District of Co- SEC. 3. That all the territory which was ceded by the State of
lumbia. Searyland to the Congress of the United States for the permanent
June it isºs.T Mat of the government of the United States shall continue to be
30 Stat. 103. designated as the District of Columbia.
1 Sup. R.S., 339. g
Permanent seat SEC. 4. All that part of the territory of the United States included
of Government, within the present limits of the District of Columbia shall be the
Sec. 1795, R. S. permanent seat of Government of the United States.
U.S. July 16, 1790, ch.28, Sec. 1. 1 Stat., 130.
The District cre: SEC. 5. The District is created a government by the name of the
ated a governmºnt District of Columbia, by which name it is constituted a body-cor-
*... porate for municipal purposes, and may contract and be contracted
jºicipai pur. with, Sue and be sued, plead and be impleaded, have a seal, and
poses. exercise all other powers of a municipal corporation not inconsistent
sco S. R. S. with the Constitution and laws of the United States and the provi-
D. C. º sions of this title.
Feb. 21, 1871. 16 Stat.,419. MacArthur and M. Rep., 253; 103 U.S. Rep., 706, D.C.
vs. Cluss; 132 U.S. Rep., 7, Railroad vs. D. C.; 136 U.S. Rep., 453, D. C. vs. Woodbury.
Existing laws. SEC. 6. Said District and the property and persons that may be
June 11, 1875, therein shall be subject to the following provisions for the govern-
30 stat., 102, ment of the same, and also to any existing laws applicable thereto
not hereby repealed or inconsistent with the provisions of this act.
sec. 1. *
1 Sup. R. S., 339.
A municipal SEC. 7. The District of Columbia shall remain and continue a
99, Poration; the municipal corporation, as provided in section two of the Revised
§.”. Statutes relating to said District, and the Commissioners herein pro-
existing laws con vided for shall be deemed and taken as officers of such corporation;
tinued. and all laws now in force relating to the District of Columbia not
June 11, 1878. inconsistent with the provisions of this act shall remain in full force
ºat... ſº." and effect.
ºities 9 SEC. S. That portion of the District included within the limits of
W e • - C & º e
Yº...” the city of Washington, as the same existed on the twenty-first day
* The organic acts were passed, June 20, 1874, 18 Stat., ch. , 337, p. 116; 1 Sup. R. S., 53, and June 11,
1878 (20 Stat., ch. 180, p. 102; 1 Sup. R. S., 339). See also, 2 ed. Sup. R. S., pp. 22 and 173.
Chapter xix-DISTRICT OF COLUMBIA, ETC. • 199
of February, eighteen hundred and seventy-one, shall continue to continue to be
be known as the city of Washington, and that portion of the Dis- known as such:
trict included within the limits of the city of Georgetown, as the Sec. 94, R. s.
same existed at that date, shall continue to be known as the city of D. C. -
Georgetown.
SEC. 9. The charters of the cities of Washington and Georgetown sº ºf
Washington and
severally, and the powers of the levy court of the District of Colum- Č. .
bia, shall be continued for the following purposes, to wit: . . . . powers of levy
First. For the collection of all sums of money due to said cities court continued
respectively, or to the levy court ; for certain pur-
Second. For the enforcement of all contracts made by said cities, Pº
respectively, or by the levy court, and all taxes assessed prior to the Sec. 95, R. S.
twenty-first day of February, eighteen hundred and seventy-one, P. C.
remaining unpaid ;
Third. For the collection of all just claims against said cities,
respectively, or against the levy Court ; -
Fourth. For the enforcement of all legal contracts against said
cities, respectively, or against the levy court, until the affairs of
º gºes respectively, and of the levy court, shall have been fully
CIOSeCI ;
And no suit in favor of or against said corporations, or either of
them, shall abate by reason of the passage of the act “to provide a
government for the District of Columbia,” approved February 21,
1871, but the same shall be prosecuted to final judgment as if Said
act had not been passed. -
SEC. 10. The District of Columbia is the successor of the corpora-, District, of Co-
tions of Washington and Georgetown, and all the property of said º ". º
corporations, and of the county of Washington, is vested in the Dis- lºcº *
trict of Columbia. [See §§ 318–316, R. S. D. C.) *
- Sec. 96, R. S. D.C.
SEC. 11. All offices attached to the seat of Government shall be . Public offices tº
exercised in the District of Columbia, and not elsewhere, except as ...”.”..."
e seat of Govern-
otherwise expressly provided by law. (See §§ 4798, 4799.] ment.
Sec. 1796, R. S. U. S. July 16, 1790. 1 Stat., 130.
SEC. 12. No person convicted of bribery, perjury, or other infa- Disqualification
mous crime, nor any person who has been or may be a collector or i. holding office
holder of public moneys, who shall not have accounted for and paid “ ”
over, upon final judgment, duly recovered according to law, all such . Sec. 86, R. S.
moneys due from him, shall be eligible to any office of profit or trust P. 9.
in the District. -
SEC. 13. The offices and duties of register of wills, recorder of . Register ºf Wills,
deeds, United States attorney, and United States marshal for the º: dº
District, remain as under laws existing on the twenty-first day of jai ãeſ of-
February, eighteen hundred and seventy-one, till modified by act of fices and duties re-
Congress. main. -
Sec. 90, R. S. D. C.
SEC. 14. All provisions of law providing for an executive, for a . Executive, leg-
secretary for the District, for a legislative assembly, for a board of sº º
tº * |+ - ~ * -- - - - - - J 2 : ~4---- board of public
public works, and for a delegate in Congress from the District of ......j
Columbia are hereby repealed. trict of Columbia,
- & abolished.
June 20, 1874, 18 Stat., 116, ch. 337, sec. t. 1 Sup. R. S., 53.
SEC. 15. The President of the United States, by and with the Three Commis-
advice and consent of the Senate, is hereby authorized to appoint ºf ºppº
two persons, who, with an officer of the Corps of Engineers of the ..." of and pow-
200 CHAPTER xix.-DISTRICT OF COLUMBIA, ETC.
*
ºne 11,1878, United States Army, whose lineal rank shall be above that of cap-
º stat, 19% tain, shall be Commissioners of the District of Columbia, and who,
*ſsip.R.S.,340, from and after July first, eighteen hundred and seventy-eight, shall
3. exercise all the powers and authority now vested in the Commis-
Sioners of Said District, except as are hereinafter limited or pro-
vided, and shall be subject to all restrictions and limitations and
duties which are now imposed upon said Commissioners.
Engineer § SEC, 16. The Commissioner who shall be an officer detailed, from
.*.*, * time to time, from the Corps of Engineers, by the President, for this
of, limited. e 3.5 2 - & e
duty, shall not be required to perform any other, [nor shall he receive
ºil, #3 any other compensation than his regular pay and allowances as an
20Stat., 108 officer of the Army.] .*
Assistants to En- SEC. 17. The President of the United States may detail from the
gineer Commis Engineer Corps of the Army not more than two officers, of rank
S10IleT. subordinate to that of the engineer officer belonging to the Board of
June 11, 1878. Commissioners of said District to act as assistants to Said Engineer
30Stat. , 107. Commissioner, in the discharge of the special duties imposed upon
him by the provisions of this act.
Compensation of SEC. 18. The Engineer Commissioner shall be entitled to receive
Engineer Commis- such compensation, in addition to his Army pay and allowances, as
SIOllel. ' will make his compensation equal to five thousand dollars per annum.
Mar. 3, 1881. 21 Stat., ch. 134, p. 460.
Civil Commis- SEC. 19. The two persons appointed from civil life shall, at the
i. qual” time of their appointment, be citizens of the United States, and shall
1OllS OI. have been actual residents of the District of Columbia for three
June 11, 1878. years next before their appointment, and have, during that period,
30 Stat., 103 claimed residence nowhere else.
i.º.º. SEg. 20. And ºne of said three Commissioners shall be chosen
sioners. president of the Board of Commissioners at their first meeting, and
- annually and whenever a vacancy shall occur, thereafter ; and said
Commissioners shall each of them, before entering upon the discharge
wº *ś. of his duties, take an oath or affirmation to support the Constitution
j i. of the United States, and to faithfully discharge the duties imposed
y upon him by law ; and said Commissioners appointed from civil life,
§§º: º shall each receive for his services a compensation at the rate of five
”” thousand dollars per annum, and shall, before entering upon the
duties of the office, each give bond in the sum of fifty thousand dol-
lars, with Surety as is required by existing law.
"... g.º. Sºº 21. The official term of said, Commissioners appointed from
...” “* civil life shall be three years, and until their successors are appointed
Slonel S. g * -" > --> { tº º -
and qualified; but the first appointment shall be one Commissioner
§: ºº for One year and one for two years, and at the expiration of their
*** * respective terms their successor shall be appointed for three years.”
Service of pro- SEC. 22. In suits hereafter commenced against the District of
cess against Dis- Columbia, process may be served on any one of said Commissioners,
trict. until otherwise provided by law.
June 20, 1874. 18 Stat., ch. 337, pt. sec. 2, p. 116. 1 Sup. R. S., 54.
y
Su reties on SEC. 23. Neither of said Commissioners, nor any officer whatso-
łº, º: ever of the District of Columbia, shall be accepted as surety upon
hibited.’ any bond required to be given to the District of Columbia; nor shall
any contractor be accepted as Surety for any officer or other con-
June 11, 1878. *e • * ai ; c. 4-v.;
20 Stat., 103. t actor in said District
.* Attorney-General Devens rendered an opinion July 7, 1880, that the term of office of the Commis-
sioners appointed from civil life is three years, and not for unexpired balance of their predecessors
terms.
CHAPTER xix.-DISTRICT OF COLUMBIA, ETC. 201:
SEC. 24. As soon as the Commissioners appointed and detailed as Powers , and
aforesaid shall have taken and subscribed the oath or affirmation É. yested in.
hereinbefore required, all the powers, rights, duties, and privileges º 18
lawfully exercised by, and all property, estate, and effects now vested Stat., ii.6. "
by law in the Commissioners appointed under the provisions of the June 11, 1878
act of Congress approved Juñé twentieth, eighteen hundred and ..."'s...”ios
seventy-four, shall be transferred to and vested in and imposed upon sec. 3. " 5 *
said Commissioners; and the functions of the Commissioners so
appointed under the act of June twentieth, eighteen hundred and
seventy-four, shall cease and determine.
SEC. 25. The Commissioners shall, until otherwise provided by Commissioners:
law, exercise all the power and authority now lawfully vested in the Xº, º Pº.
- e . e tº ſº tº ers of the go w -
governor or board of public works of Said District, except as here- jo. a. º.º.d
inafter limited; and shall be subject to all the restrictions and of public works.
limitations now imposed by law on said governor or board; June 20, 187
*e - * *** : ... une 20, 1874.
And shall have power to apply the taxes or other revenues of said jºi...h
District to the payment of the current expenses thereof, to the Sup- 337, sec. 3. ‘’”
port of the º: schools, the fire department, and the police, and 1 Sup. R. S., 53.
to the payment of the debts of said District secured by a pledge of
the securities of said District or board of public works as collateral,
and also to the payment of debts due to laborers and employees of
the District and board of public works;
And for that purpose shall take possession and supervision of all
the Offices, books, papers, records, moneys, credits, securities, assets,
and accounts belonging or appertaining to the business or interests
of the government of the District of Columbia and the board of
public works, and exercise the power and authority aforesaid.
SEC. 26. The executive power is vested in the Commissioners [a Executive pow-
Governor]. sk er vested in the
Commissioners.
Sec. 3 R. S. D. C.
SEC. 27. The Commissioners [governor] may grant pardons and Commissioners.
respite for offenses against the laws of the District enacted by the ºſ sº par-
legislative assembly thereof. They shall commission all officers ...on"; c.
appointed under the laws of the District so enacted, and shall take etc. y
re tha # aithfully executed. -
care that the laws be faithfully executed Sec. 6, R. S. D.
C. 27 Stat. L., ch. 55, p. 22. April 28, 1892.
SEC. 28. The Commissioners of the District of Columbia shall Powers of Com-
have all the powers and be subject to all the duties and limitations º: i. R.
rovided in chapter eight of the Revised Statutes of the United ...","...".
tates relating to the District of Columbia," excepting such powers vice.
º S O” * ori QC, T'S ... x ~ - - -- ~~~~---------ºmrººm-sº-º-º: -
and duties as belong to the Chief of Engineers. June 10, 1879.
21 Stat., 9. "The water service.
SEC. 29. The Commissioners [board of public works] are prohibited Restrictions.
from incurring or contracting further #. on behalf of the upon making ºn.
United States in the improvement of streets, avenues, and reserva- Hºnºg
tions beyond the amount of appropriations previously made by count of the
Congress, and from entering into any contract touching such United States.
improvements on behalf of the United States, except in pursuance sº sº. E. s.
Of appropriations made by Congress.
Jan. 8,1873, 17 Stat., 405.
SEC. 30. All contracts made by the Commissioners [board of public . Contracts to be
Works] shall be in writing, and shall be signed by the parties making . * **
the same, and a copy thereof shall be filed in the office of the secre. ... ...a.
tary of the District. [See § 52, R. S. D. C.] of the District.
*They ulay grant pardons and respites, 27 stat. L., ch. 55, p. 22. April, 1892. Sec.80, R. S. D. C.
*:02 CHAPTER xix.-DISTRICT OF COLUMBIA, ETC.
Restrictions SEC. 31. The Commissioners [board of public works] have no
upon contracts, power to make contracts to bind said District to the payment of any
Sec. 81, R. S. sums of money except in pursuance of appropriations made by law,
ID. C. and not until such appropriations shall have been made.
w— ---,
Contracts in SEC. 32. All contracts made by the Commissioners [board of pub-
which 99 mºis lic works] in which any member of the board shall be personally
*...* *::: interested shall be void, and no payment shall be made thereon by
ments on such the District or any officers thereof.
contracts prohib-
ited.
Sec. 82, R. S. D. C. ---
Contracts, for SEC. 33. Hereafter no contract shall be made for the rent of any
#", : º building, or part of any building, in Washington, not now in use by
...t".”.”... the Government, to be used for the purposes of the Government
without previous until an appropriation therefor shall have been made in terms by
appropriation. Congress. -
R. S., secs. 3679, 3732; 1877, Mar. 3, ch. 106; 1880, June 15, ch. 225; 13 C. Cls., 166.
June 22, 1874. 18 Stat., 144. 98 U. S. Rep., 104, Bradley vs. U. S.
Contracts for re- SEC. 34. That hereafter contracts for removal of garbage may be
*** *** made for periods not exceeding five years, subject to annual appro-
Act July 5, 1884, priations by Congress.
23 Stat., 130. -
Insurance of SEC. 35. That, hereafter property belonging to the District of
* ProPeº Columbia may be insured in advance for periods of five years or less.
Feb. 25, 1885. 23 Stat., 312.
Further powers SEC. 36. The Commissioners of the District of Columbia shall
º: have power, subject to the limitations and provisions herein con-
... tained, to apply the taxes or other revenues of said District to the
Hº payment of the current expenses thereof, to the support of the pub-
§§º lic schools, the fire department, and the police, and for that purpose
I Šup. R. S., shall take possession and supervision of all the offices, books, papers,
340, 3ſ. pt. of sec. records, moneys, credits, Securities, assets, and accounts belonging
3. or appertaining to the business or interests of the government of the
District of Columbia, and exercise the duties, powers, and authority
aforesaid;
But said Commissioners, in the exercise of such duties, powers,
and authority, shall make no contract, nor incur any obligation other
than such contracts and obligations as are hereinafter provided for
and shall be approved by Congress.
*
Hack stands SEC. 37. The Commissioners shall have power to locate the places
tº ºl. where hacks shall stand and change them as often as the public
gº O interests require. Any person violating any orders lawfully made
e rºy in pursuance of this power shall be subject to a fine of not less than
June 11, #8, ten nor more than one hundred dollars, to be recovered before any
- ; º Xºthur justice of the peace in an action in the name of the Commissioners.
Rep., 267. e tº * †" * g : « sº tº
Commissioners SEC. 38. The commissioners of the District or their successors in
may reduce, ad- office are hereby authorized to reduce, adjust, and equalize the pay
just, and equalize or salaries of all officers or employees payable from the funds of the
wº • Ac: * e & p : &
salaries. District government in whole ol' in part : Provided, however, That
Mar. 3, 1875. the aggregate sum of pay and Salaries shall not be increased beyond
18 Stat., 501, the present aggregate amount of pay and Salaries.
Offices may be SEC. 39. Said Commissioners are hereby authorized to abolish any
º CŞ. office, to consolidate two or more offices, reduce the number of
- jº employees, remove from office, and make appointments to any office
isºſ june 20, under them authorized by law. *
•ch, 337, Sec. 2. 16 Opin. Att'y Gen., 179. June 11, 1878. 20 Stat., 104, 4 Mackey Rep.,
-573, Eckloff vs. D. C.; ibid., 135, U. S. Rep., 240; 143 U. S., Rep., 18 D.C. vs. Hutton.
CHAPTER xix. —DISTRICT OF COLUMBIA, ETC, 203
sewers of the city, and all other works which may be intrusted to
their charge by Congress. [See §§ 238-245, R. S. D. C.) Sec. 77, R. S.
SEC. 40. The said Commissioners [of the District of Columbia] are , Commissioners
hereby authorized to fix the salaries to be paid to the officers and to fix pay of Met:
g e * e avºrrà * . ropolitan police
privates of the metropolitan police until otherwise provided by law; ... "..."gº".
And to require the Washington Gas-light Company to light the pany for lighting
city lamps at such price as shall to the said Commissioners appear city lamps.
to be just and reasonable. t - -
And all expenses heretofore incurred by the general government . Expenses there:
for the [board of] health office for the metropolitan police, and for fºr and for board
• - c. 3 g * * * º tº ºf Aº - ** *** * p of health, etc., to
gas inspection, shall hereafter be a charge upon the government of . paid by Dis-
the District. - trict.
June 20, 1878. 20 Stat., 208,209.
SEC. 41. The Commissioners [board of public works] shall have Commissioners
entire control of and make all regulations which they shall deem to control repairs
necessary for keeping in repair the Streets, avenues, alleys, and sºmeets. Sewers,
D. C. Feb. 21, 1871. 16 Stat., 427. 149 U.S. Rep., 465, St. Louis vs. Telegraph
Co.; ibid., 148, U.S. Rep.,92. g
SEC. 42. They shall disburse upon their warrant all moneys appro- ... Commissioners
priated by the United States, or the District of Columbia, or collected . º on war.
from property-holders, in pursuance of law, for the improvement of º all moneys,
streets, avenues, alleys, and sewers, and roads and bridges.
*
Sec. 78, R. S
11 – 11 & 5 &
(See §§ 110–118.] D. C.
SEC. 43. Said Commissioners shall have power to erect light, and Lights and lamp-
maintain lamp posts, with lamps, outside of the city limits, when, posts to be main-
in their judgment, it shall be deemed proper or necessary. tained.
f June 11, 1878. 20 Stat., 104.
SEC. 44. The said Commissioners shall submit to the Secretary of . Commissioners
the Treasury for the fiscal year ending June thirtieth, eighteen hun- 9, ºniº annual
dred and seventy-nine, and annually thereafter, for his examination *śne 4, ch
and approval, a statement showing in detail the work proposed to 121, seº.g. ' "
be undertaken by them during the fiscal year next ensuing,"and the 1881, Mar. 3, ch.
estimated cost thereof; - 134, Sec. 1, par. 5.
Also the cost of constructing, repairing, and maintaining all bridges June 11, Isis.
authorized by law across the Potomac River within the District of 20 Stat., 104.
Columbia, and also all other streams in said District ;
The cost of maintaining all public institutions of charity, reforma-
tories, and prisons belonging to or controlled wholly or in part by
the District of Columbia, and which are now by law supported
wholly or in part by the United States or District of Columbia;
And also the expenses of the Washington Aqueduct and its appurte-
nances ; +
And also an itemized statement and estimate of the amount neces-
sary to defray the expenses of the government of the District of
Columbia for the next fiscal year ;
Provided, That nothing herein contained shall be construed as
transferring from the United States authorities any of the public
works within the District of Columbia, now in the control or Super-
vision of said authorities.
SEC. 45. Hereafter it shall be the duty of the Commissioners to mºtº,
include in the annual estimates of the District of Columbia estimates how made and
of the expenses of the water department: e transmitted.
Mar. 3, 1881. 21 Stat., 458. 1 Sup., R. S.,605.
SEC. 46. The annual estimates of the District of Columbia shall bid. & QQQ
be transmitted to Congress by the Commissioners of the District of **P* S., 322.
Columbia at the same time that the regular annual estimates for R.S., sec. 3669.
204 CHAPTER xix.-DISTRICT OF COLUMBIA, ETC.
1878, June 11, expenses of the government are submitted by the Secretary of the
ch. 180, sec. 3. Treasury and with his action on the same to be printed in the general
1880, June 4, ch. book of estimat
121, sec. 2. - OOR OT 62SUITYläl,l}{2S. |
Estimates to be SEC. 47. The Secretary of/the Treasury shall carefully consider all
considered and estimates submitted to him as above provided, and shall approve,
approved, by Seº disapprove, or suggest such changes in the same, or any item
º * * thereof, as he may think the public interest demands; and after he
&ommissioners shall have considered and passed upon such estimates submitted to
to transmit to him, he shall cause to be made a statement of the amount approved
Congress. by him and the fund or purpose to which each item belongs, which
June 11. Isis, statement shall be certified by him, and delivered, together with the
30 stat. 104. estimates as originally submitted, to the Commissioners of the Dis-
trict of Columbia, who shall transmit the same to Congress.
Appropriatio, SEC. 48. To the extent to which Congress shall approve of said
§§ º i. estimates, Congress shall appropriate the amount of fifty per centum
...iº do... thereof; and the remaining fifty per centum of such approved esti-
greSS. mates shall be levied and assessed upon the taxable property and
June 11, 1578. privileges in said District other than the property of the United
ºšiai. ſ." States and of the District of Columbia; and all proceedings in the
assessing, equalizing, and levying of Said taxes, the collection
thereof, the listing return and penalty for taxes in arrears, the adver-
tising for sale and the sale of property for delinquent taxes, the
redemption thereof, the proceedings to enforce the lien upon unre-
deemed property, and every other act and thing now required to be
done in the premises, shall be done and performed at the time and
in the manner now provided by law, except in so far as is otherwise
provided by this act.
Contingent ex- SEC. 49. All appropriations made for contingent expenses of the
E., "... . District of Columbia'shall be expended under the direction and in
pended and ºtl le directi yf t C * * ‘s : but such &penditures
ãoºd fºr by the sole direction of the Commissioners; but such expenditures
Commissioners. Shall be accounted for in the Treasury Department as other expendi-
R.S., sec. 193, p. tures for the District, and a detailed statement of such expenditures
30, Shall be reported to Congress in accordance with section one hundred
Feb. 25, 1885, and ninety-three, Revised Statutes of the United States.
23 Stat., 319. -
Commissioners , SEC. 50. The said Commissioners shall annually report their offi-
..º.º.º. cial doings in detail to Congress on or before the first Monday of
gress annually. December. S
June 11, 1878. 20 Stat., 108, pt. Sec. 12.
Temporary over- SEC. 51. Overseers and inspectors, temporarily required in con-
:*:::: *.*. nection with Sewer, street, or road work, or the construction and
C f - & *** - g g * a * * * ** ** º
jud. . .m. repair of buildings and bridges, or any work done under contracts
al report. authorized by appropriations shall be paid out of the sums appro-
July 18, 1888 priated for the work, and for the time actually engaged thereon ;
§§t. . . and the Commissioners of the District, in their annual report to
Congress, shall report the number of such overseers and inspectors,
and their work, and the sums paid to each, and out of what appro-
priation. º
Report to the SEC. 52. Hereafter the several institutions included under the heads
Commissioner; of asylums, reformatories, industrial schools, and charities named
...º.º. in the annual appropriation acts for the support of the District
accounts of chari- º { & e - * : *
jū. of Columbia shall report to the Commissioners of the District, on
or before the first day of December of each year, a full and detailed
§§ º account of receipts and expeditures, and all their operations, and
’’ ” said Commissioners shall transmit the same to Congress at the
beginning of each regular Session, with such suggestions and recom-
mendations as they may deem pertiment, together with estimates
for maintaining the same.
CHAPTER xix. —DISTRICT OF COLUMBIA, ETC. 205
*
SEC. 53. The accounts of said Commissioners, and the tax-collect- Accounts to be
ors, and all other officers required tº account, shall be settled and . º
adjusted by the accounting officers of the Treasury Department of º
the United States. - e
June 11, 1878.
20 Stat., ch. 170, sec. 4. 1 Sup. R. S., 342, pt. Sec. 4.
SEC, 54. The accounts for all disbursements of the Commissioners Disbursement
of said District shall be made monthly to the accounting officers of accounts made
the Treasury by the auditor of the District of Columbia, on vouch-monthly.
ers certified by the Commissioners, as now required by law. July 1, 1882.
22 Stat., ch. 263, p. 144, pt. Sec. 3. 1 Sup. R. S., 606.
SEC. 55. When any repairs of streets, avenues, alleys, or sewers ... Rep a i r S of
within the District of Columbia are to be made, or when new pave- . º ;
ments are to be substituted in place of those worn out, new ones laid, ºi.
or new streets opened, sewers built, or any works the total cost of to be given; and
which shall exceed the sum of one thousand dollars, notice shall be proposals, how ac-
given in one newspaper in Washington and if the total cost shall Cepted, etc. -
exceed five thousand dollars, then in One newspaper in each of the June 11, 1878.
cities of New York, Philadelphia, and Baltimore also for one week, 20Stat., 105, sec.
for proposals, with full specifications as to materials for the whole * , , * &Y , 6.
or any portion of the works proposed to be done; . . 1 Sup. R. S., 343.
And the lowest responsible proposal for the kind and character of 1879, Mar. 3, ch.
pavement or other work which the Commissioners shall determine 182, sec. 2.
upon shall in all cases be accepted,: - w *
Provided, however, That the Commissioners shall have the right,
in their discretion, to reject all of such proposals:
Provided, That work capable of being executed under a single con-
tract shall not be subdivided so as to reduce the sum of money to be
paid therefor to less than one thousand dollars.”
SEC. 56. All contracts for the construction, improvement, altera- ºl. how
tion, or repairs of the streets, avenues, highways, alleys, gutters, ****
sewers, and all work of like nature shall be made and entered into June 11, 1878.
only by and with the official unanimous consent of the Commis- 30 Stat., 100, Pt.
sioners of the District, and all contracts shall be copied in a book *ś, R. S., 343
kept for that purpose and signed by said the Commissioners, and no “"“”
contract involving an expenditure of more than one hundred dollars
shall be valid until recorded and signed as aforesaid.
SEC. 57. No pavement shall be accepted nor any pavement laid
except that of the best material of its kind known for that purpose,
laid in the most substantial manner;
And good and sufficient bonds to the United States, in a penal sum , Provisions as to
not less than the amount of the contract, with sureties to be approved lºg Pºnts:
by the Commissioners of the District of Columbia, shall be required 99" ".
from all contractors, guaranteeing that the terms, of their contracts June 11, 1878.
shall be strictly and faithfully performed to the satisfaction of and 30 Stat., 106.
acceptance by said Commissioners; and that the contractors shall
keep new pavements or other new works in repair for a term of five
years from the date of the completion of their contract ;
And ten per centum of the cost of all new works shall be retained
as an additional security and a guarantee fund to keep the same in
repair for said term, which said per centum shall be invested in
registered bonds of the United States or of the District of Columbia
and the interest thereon paid to said contractors.
SEC. 58. The cost of laying down said pavement, sewers, and other
works, or of repairing the same, shall be paid for in the following
proportions and manner, to wit:
When any street or avenue through which a street-railway runs
* For permit work, repajring sidewalks, alleys and see 25 Stat. L., ch. 370, p. 796, 1880.
206
Chapter xix-DISTRICT OF COLUMBIA, ETC.
shall be paved, such railway company shall bear all of the expenses
Cost of laying
pavements, sew-
ers, etc.; how
paid.
June 11, 1878.
20 Stat., 106.
for that portion of the work lying between the exterior rails of the
tracks ...P such roads, and for a distance of two feet from the exte-
rior to such track or tracks on each side thereof, and of keeping the
Same in repair; - -
But the said railway companies, having conformed to the grades
established by the Commissioners, may use such cobblestone or
Belgian blocks for paving their tracks, or the space between their
tracks, as the Commissioners may direct ;
The United States shall pay one-half of the cost of all work done
under the provisions of this section, except that done by the railway
companies, which payment shall be credited as part of the fifty per
centum which the United States contributes toward the expenses of
the District of Columbia for that year; and all payments shall be
made by the Secretary of the Treasury on the warrant or order of
the Commissioners of the District of Columbia or a majority thereof,
in Such amounts and at Such times as they may deem safe and
Railways refus-
ing to pave.
20 Stat., 106.
1 Sup. R. S., 344.
Railways cross-
ing streets.
June 11, 1878.
20 Stat., 106.
Water and gas
mains, when and
how laid.
Duties of Wash-
ington Gas Light
Company.
June 11, 1878.
20 Stat., 107.
Police and school
boards abolished.
Transfer of du-
ties to the Com-
missioners.
June 11, 1878.
proper in view of the progress of the work.
SEC. 59. If any street railway company shall neglect or refuse to
perform the work required by this act, said pavement shall be laid
between the tracks and exterior thereto of such railway by the Dis-
trict of Columbia; and if such company shall fail or refuse to pay
the Sum due from them in respect of the work done by or under the
Orders of the proper officials of said District in such case of the
neglect or refusal of such railway company to perform the work
required as aforesaid, the Commissioners of the District of Columbia
shall issue certificates of indebtedness against the property, real or
personal, of such railway company, which certificates shall bear
interest at the rate of ten per centum per annum until paid, and
which, until they are paid, shall remain and be a lien upon the prop-
erty on Or against which they are issued together with the franchise
of Said company; and if the said certificates are not paid within one
year, the said Commissioners of the District of Columbia may pro-
ceed to sell the property against which they are issued, or so much
thereof as may be necessary to pay the amount due, such sale to be
first duly advertised daily for one week in some newspaper published
in the city of Washington, and to be at public auction to the high-
est bidder. * .
SEC. 60. When street railways cross any street or avenue, the
pavement between the tracks of such railway shall conform to the
pavement used upon such street or avenue, and the companies own-
ing these intersecting railroads shall pay for such pavements in the
Same manner and proportion as required of other railway companies
under the provisions of this section.
SEC. 61. It shall be the duty of the Commissioners of the District
of Columbia to see that all water and gas mains, service pipes, and
Sewer Connections are laid upon any street or avenue proposed to be
paved or otherwise improved before any such pavement or other per-
manent Works are put down ; and the Washington Gas Light Com-
pany, under the direction of said Commissioners, shall at its own
expense take up, lay, and replace all gas mains on any street or ave-
i. to be paved, at such time and place as said Commissioners shall
direct.
SEC. 62. From and after the first day of July, eighteen hundred
and seventy-eight, the board of metropolitan police and the board
of School trustees shall be abolished ; and all the powers and duties
now exercised by them shall be transferred to the said Commissioners
of the District of Columbia, who shall have authority to employ
CHAPTER xix. —DISTRICT OF COLUMBIA, ETC. 207
such officers and agents and to adopt such provisions as may be 20 Stat., 107.
necessary to carry into execution the powers and duties devolved r
upon them by this act. -
SEC. 63. The Commissioners of the District of Columbia be, and ... Sº
e * to make building
they hereby are, authorized and directed to make and enforce such giation.
* * * building regulations for the said District as they may deem June 14, 1878
advisable. 20 Stat., 131
SEC. 64. Such rules and regulations made as above provided shall ... ºectofregula-
have the same force and effect within the District of Columbia as if *
enacted by Congress.” Ibid., sec. 2.
SEC. 65. The Commissioners of the District of Columbia be, and Rules as to im-
tº ºrº ** - * ** *e - g gº {-º pounding domes–
are hereby, authorized to prescribe rules for taking up and impound: "..."...".
ing of domestic animals found running at large in the District of .ajºni:
Columbia. - . Sioners.
• *-
June 27, 1879. 21 Stat., 35. 1 Sup. R.S.,495.
SEC. 66. The Commissioners of the District of Columbia are hereby, Police regula-
authorized and empowered to make, modify, and enforce usual and *;
º & & * r * * tº £ tº * e Commissioners
reasonable police regulations in and for said District as follows: authorize d to
make regulations
w concerning:
First. For causing full inspection to be made, at any reasonable . Pawnbrokers,
times, of the places where the business of pawnbroking, junk-dealing, jº º and
or second-hand clothing business may be carried on. sºidaº d
Second. To regulate the storage of highly inflammable substances Inflammablesub-
in the thickly populated portions of the District. - Stances.
Third. To locate the places where licensed venders on streets and Street venders.
public places shall stand, and change them as often as the public
interests require, and to make all the necessary regulations governing
their conduct upon the streets in relation to such business.
Fourth. To make needful regulations for the Orderly disposition Carriage stands.
of carriages or other vehicles assembled on streets or, public places,
and to require vehicles upon such streets and avenues as they deem
necessary to pass along on the right side thereof. --"
Fifth. To establish and regulate the charges to be made by own- Hack charges.
ers of hacks and hackney carriages of any kind whatsoever.
Sixth. To prohibit conducting droves of animals upon such streets Droves of ani-
and avenues as they may deem needful to public safety and good mals.
order. -
Seventh. To regulate the keeping and running at large of dogs Dogs and fowls.
and fowls. - * – "
Eighth. To prohibit the deposit upon the streets or sidewalks of Deposits cn
fruit, or any part thereof, or other substance or articles that might streets and side-
litter the same, or cause injury to or impede pedestrians. walks.
Ninth. To regulate or prohibit loud noises with horns, gongs, Or Noises and fire-
other instruments, or loud cries, upon the streets or public places, works.
and to prohibit the use of any fireworks or explosives within such
portions of the District as they may think necessary to public safety.
Tenth. To regulate the movements of vehicles on the public streets Passage of ve.
mºvemes for the preservation of order and protection of life and hicles.
1I]] O. , - . *
Eleventh. To prescribe reasonable penalties for the violation of Penalties for vio-
any of the regulations in this act mentioned; and said penalties may lations.
be enforced in any court of the District of Columbia having juris- T.I. 26. Iss;
diction of minor offenses, and in the same manner that such minor ºstat. 365, ch.
Offenses are now by law prosecuted and punished. 49.
*For regulations as to sale of coal, etc., see “weights and measures,” post. -
f See Md. act, 1715, ch. 31; 1 Kilty, 117 ; 1 Dorsey, 17 : 3 MacArthur Rep., 267, Dennison vs. Gavin.
208
CHAPTER XIX. —DISTRICT OF COLUMBIA, ETC.
Regulations to
be printed.
Ibid. , Sec. 2.
Regulation of
elevators.
Mar. 3, 1887.
24 Stat., 580.
Penalty for vio-
lation.
Ibid., sec. 2.
i
Telegraph, etc.,
wires to be put
ºunder ground.
July 18, 1888.
25 Stat., 323.
SEC. 67. That the regulations herein provided for shall, when
adopted, be printed in one or more of the daily newspapers pub-
lished in the District of Columbia; and no penalty prescribed for the
violation of said regulations shall be enforced until thirty days after
such publication.
SEC. 68. The Commissioners of the District of Columbia are hereby,
authorized and directed to make and publish such Orders as may be
necessary to regulate the construction, repair, and Operation of all
elevators within the District of Columbia, and prescribe such means
of security as may be found necessary to protect life and limb.
SEC. 69. That any person or persons, or corporation, who shall
neglect or refuse to comply with the orders made pursuant to this
act, shall, upon conviction thereof in the police court of the District
of Columbia, on information filed in the name of the District of
Columbia, be fined not less than ten dollars nor more than one
hundred dollars for each offense.
SEC. 70. The Commissioners of the District of Columbia shall not,
after the fifteenth day of September, eighteen hundred and eighty-
eight, permit or authorize any additional telegraph, telephone,
electric lighting or other wires to be erected or maintained on or over
any of the streets or avenues of the city of Washington, and the said
Commissioners are hereby directed to investigate and report to
Congress at the beginning of its next session the best method of
removing all electric wires from the air or surface of the streets,
avenues and alleys, and the best method of interring the same under
ground, and such legal regulation thereof as may be needed; and
they shall report what manner of conduits should be maintained by
the city of Washington, if any, and the cost of constructing and
Proviso.
Permits.
Putting wires
under ground.
Mar. 2, 1889.
25 Stat., 804.
Report on con-
tracts for lighting
by the Commis-
.sioners.
Mar. 2, 1889.
25 Stat.,800.
maintaining the same, and what charge, if any, should be made by
the city for the use of its conduits by the persons or corporations
placing wires therein, and upon what terms and condition the same
should be used when required so to do, and for such investigation,
one thousand dollars is hereby appropriated: Provided, That the
Commissioners of the District may, under such reasonable conditions
as they may prescribe, authorize the wires of any existing telegraph,
telephone or electric light company now operating in the District of
Columbia, to be laid under any street, alley, highway, footway or
side-walk in the District, whenever in their judgment, the public
interest may require the exercise of such authority—such privileges
as may be granted hereunder to be revocable at the will of Congress
without compensation and no such authority to be exercised after
the termination of the present Congress. [See § 71 of this chapter.] -
SEC, 71. The Commissioners of the District of Columbia may
hereafter, under such reasonable conditions as they may prescribe,
authorize the overhead wires of any telegraph, telephone, or electric
light company to be laid under any street, alley, highway, footway,
or sidewalk in the District, whenever in their judgment the public
interest may require the exercise of such authority, such privileges
as may be granted hereunder to be revocable at the will of Congress
without compensation, and this authority to continue only until the
termination of the Fifty-first Congress. (See $70 of this chapter.]
SEC. 72. The Commissioners of the District of Columbia shall
investigate, ascertain, and report to the first session of the Fifty-first
Congress what deduction may be made for gas and electric lighting,
both for annual and for five year contracts, and that they be author-
ized to invite proposals for supplying said light at reduced rates,
and in this they are not limited to any one system.
A
CHAPTER xix. —DISTRICT OF COLUMBIA, ETC. 209
SEC. 73. The United States shall not beliable for any expenditures United States
for land for the erection of a building for the District offices, nor not liable for ex-
for the purchase-money therefor, nor for the buildings to be erected Pºº
- 2 Sr. ov, . building for Dis-
thereon, and no land, or use thereof, is granted under the act of . offices; no
Congress of March third, eighteen hundred and seventy-three, chap-iand granted for
ter two hundred and twenty-eight, for the purpose of erecting such such purpose.
building. - Sec. 235, R. S.
- D. C. Mar. 3, 1873. 17 Stat., 540.
SEC. 74. Whenever any horses, carriages, or wagons, or property Property, con-
of any description may become unfit for service, in the judgment of º to be sold
the Commissioners, the same shall be sold at auction to the highest ***
bidder, after due advertisement, and the proceeds thereof shall be Mar. 3, 1883.
paid into the Treasury of the United States to the credit of the 2° Stat., 470.
appropriation out of which the purchase was made.
[See 25 Stat., § 3, pp. 328,808.]
SEC. 75. All civil officers in the District shall, before they act as Qath of District
such, respectively take and subscribe an oath or affirmation to sup-9”s.
port the Constitution of the United States, and faithfully to discharge Sec. 85, R. S.
the duties of their respective offices; and the oath or affirmation D.C.
rovided for by this section, shall be taken and subscribed, certi-e Yash Jºy
ed and recorded, in such manner and form as may be prescribed by * 'º' º º
law. vs. Lubey.
SEC. 76. The following offices be, and the same are hereby, created Certain , offices
in and for the District of Columbia, namely: ºteated for the
Collector of Taxes. District.
Auditor. Auditor.
[Deputy Auditor.] The chief clerk is eac officio.' See organic act
- - 1874, 2 sup. R. S.,
* 23.
Coroner. Coroner.
Inspector and Tapper of Water-mains. Inspector.
Attorney. . sº - Attorney.
Assistant Attorney. ---
Surveyor. -- Surveyor.
One Superintendent of lamps.
Three [four] market masters. Market masters.
Two ſome] superintendents of public schools. [See 25 Stat., p. 800.) Officers of pub-
[Secretary of public schools for, and a resident of, that part of the ** -
District or Columbia known as the city of Washington.
Chief Engineer of the Fire Department. Fire depart-
Assistant Engineer of the Fire Department. ment.
Superintendent and two operators of the fire-alarm telegraph. t -
Sealer of Weights and Measures, S e a l e r of
weights and meas-
Ull’eS.
Inspectors.
Three inspectors of flour and two of salted provisions for, and resi-
dents of, the District of Columbia. -
Three [five] inspectors and measurers of wood—one for, and resi-
dent of, that part of the District of Columbia, known as the city of
Washington, and one for, and a resident of, that part of said Dis-
trict known as the city of Georgetown ; [and one for Anacostia
District.]
Two [three] inspectors and weighers of coal—one for, and resident
of, Washington, and one for, and a resident of, Georgetown.
Five inspectors and measurers of lumber—four for, and residents
of, that part of the District of Columbia known as the city of
Washington, and one for, and resident of, that part of said District
known as the city of Georgetown. -
Two gaugers and inspectors of spiritous liquors—one for, and a Gaugers.
resident of, that part of the District of Columbia known as the city
of Washington, and one for, and a resident of, that part of said
District known as the city of Georgetown.
14 C S
210 CHAPTER XIX. —DISTRICT OF COLUMBIA, ETC.
J
Weighers. Four weighers of hay, straw, and fodder—three for, and residents
of, that part of the District of Columbia known as the city of Wash-
ington, and one for, and a resident of, that part of Said District
known as the city of Georgetown. .
Harbor master. One harbor master for, and a resident of, that part of Said Dis-
trict known as the city of Georgetown.
Washington Intendant of the Washington Asylum.
asylum. Physician of the Washington Asylum.
Resident Student of Washington Asylum.
Trustees of poor. Two trustees of poor for, and residents of, that part of the Dis-
trict of Columbia known as the city of Georgetown.
Superintendent Three superintendents of Sweeps—two for, and residents of, that
of sweeps. part of the District of Columbia known as the city of Washington ;
and one for, and a resident of, that part of Said District known as
the city of Georgetown. f
Apothecaries. Apothecaries. †
Officers of burial Two commissioners of western burial ground.
grounds. One Sexton of the Western Burial Ground.
Two commissioners of the eastern burial ground.
One Sexton of the Eastern Burial Ground.
Secretary. Secretary to the Commissioners [Governor] of the District of
- Columbia.
Trustees of Cor. Three trustees of the “Corcoran Charity,” to be appointed from
coran charity, residents of that part of the District of Columbia known as the city
of Georgetown. * *
Other necessary And such other officers as the Commissioners [Governor and the
Officers. Legislative Assembly] may, from time to time, find necessary to
- Tºrºv i } istrict of Columbia. *
Lee Assem, carry into effect the laws of the District of Columbia.
Aug. 21, 1871, Sec, 1, pp. 74, 75.
The attorney for SEC. 77. That the attorney for the District of Columbia shall be
i. Pººl his under the direction of the Commissioners [Governor, and have
*** charge and conduct of all law business of the said District, and all
1 Leg. Assem., suits instituted by and against the government thereof. He shall
#.g. 38,4871, º furnish opinions in writing to the Commissioners [Governor, either
*** P. * branch of the Legislative Assembly, or any committee thereof.j
whenever requested to do so. All requests for Opinions shall be
transmitted through the Commissioners [Governor] and a record
thereof kept, with the opinions, in the office of the secretary of the
District. He shall perform such other professional duties as may
be required of him by the Commissioners [Governor. He shall
receive an annual compensation of four [three] thousand dollars.
The assistant SEC. 78. That the assistant attorney for the District of Columbia.
sº 3. * * shall, under the direction and control of the attorney for the said
*** - District, perform such duties as may, with the consent of the Com-
Ibid., Sec. 19. missioners [Governor,.] be assigned to him by the said attorney.
He shall receive an annual compensation of two thousand [fifteen
hundred] dollars.
Attorney of Dis- SEC. 79. The attorney and the assistant attorney of the District of
trict and his assist Columbia be, and are hereby, authorized to administer oaths and
** affirmations in the discharge of their official duties within the Dis.
O3, U1].S. trict of Columbia.
Leg. Assem., Aug. 19, 1871, Sec. 1, p. 48.
Auditor's duties; , SEC. 80. It shall be the duty of the auditor of the District of
his bond and Sal Columbia to audit all accounts against the said District, and also
ary. 8. compare all accounts against the cities of Washington and
Assem.,
Leg. eorgetown and the county of Washington created prior to the first
Aug. 23, 1871, ch.
108, Sec. 10, p. 146. “The office of treasurer abolished ; 21 Stat., 460, Mar. 3, 1881.
For list of all District officers and their compensation, see ch. 370; Mar. 2, 1889, 25 Stat., p. 793.
The compensation of District officers, etc., included in the annual appropriation acts of Congress.
For the Fiftieth Congressional act, see 25 Stat., p. 793. -
CHAPTER xix.-DISTRICT OF COLUMBIA, ETC. 211
day of June, eighteen hundred and seventy-one, and if found cor-
rect upon comparison with the appropriations made therefor by the
Legislative Assembly, and the report of the special commission to
audit said claims, a copy of which shall be filed with the auditor by
said commission, to] approve and certify the same. He shall keep
a record of all bills certified by him, their amounts, the appropriation
to which they are chargeable, and the date of approval. He shall
retain in his office the originals of all contracts and agreements not
otherwise provided for. He shall also examine and audit all accounts,
not otherwise provided for in this act, and certify the amount of
the same to the comptroller. He shall countersign all warrants
drawn by the comptroller if, upon comparison with the amount cer–
tified by him, he shall find the same correct, and shall give bond, to
be approved by the Commissioners [Governor,.] in the sum of twenty
thousand dollars, conditioned for the faithful discharge of the duties
of his office. He shall receive an annual compensation of three
thousand dollars. -
SEC. 81. There shall be one chief clerk, for auditor's office who Shief clerk ºf
shall hereafter, in the necessary absence or inability of the auditor ºil.” act
from any cause, perform his duties, without additional compensa- &
fº au. , e
SEC. 82. The market-masters shall be subject to the direction of the Market-master's
commissioners. Unless prevented, by sickness or unavoidable absence, duties and salary.
they shall, during market hours, be present at the Scale-houses, Tº stat. 795.
Weigh all articles and provisions brought there for that purpose, see 3. -
that violations of market regulations are corrected or prosecuted,
and perform such other duties as may be prescribed. Their annual ſ
compensation shall be as follows, namely: For two market-masters, *
at One thousand two hundred dollars each; one market-master, nine *
hundred dollars. -
SEC. 83. That the superintendent of meters be hereafter allowed . Superintendent
to draw an additional salary of nine hundred dollars per annum, to # *. addi-
be paid by the District government, for his services as superintend- ...” ...".
- --> * * * tion; but salary
ent of street lamps under the said government of the District of imited.
Columbia. But the aggregate annual salary of said superintendent Aug. 7, 1882
shall not exceed two thousand one hundred dollars. 22 Stat. , 325
SEC. 84. The intendant, physician, and resident student of the Duties, salaries,
Washington Asylum, physicians to the poor, apothecaries, commis- º li *:::::: Of
Sioners and sextons of the Eastern and Western Burial Grounds, certain oncers.
and garbage-masters, shall each perform the same duties, receive the , 1 Leg. Assem,
Same compensation, and be subject to the same liabilities in their #. 23, Iº.
respective localities as are prescribed in existing laws and ordinances **** *
in said localities.
SEC. 85. No person shall be appointed to perform the duties of any To be eligible,
of the offices herein created, unless he be a resident of the District persons must be
of Columbia. - residents of the
- CU's # District.
Leg. Assem., Aug. 21, 1871, sec. 3, pp. 7. 78.
SEC, 86. The said officers [named in this act] shall take and sub- Oath of office;
scribe an oath or affirmation before the Commissioners [Governor] before whom
- Said oath shall be
* The auditor may require the said chief clerk to give bond for the faithful performance of such
duties during the absence or inability of the auditor, etc.; 2 Sup. R. S., p. 776; 26 Stat., 293, ch. 724.
f Salaries appropriated under 25 Stat., p. 578, ch. 389:
Intendant . . . . . . . . . . . . . . . . $1,200 | One engineer . . . . . . . . . . . . $600 One female keeper . . . . . . $300
Matron . . . . . . . . . . . . . . . . . 600 | Assistant engineer . . . . . . 300 || One female keeper . . . . . . 180
Visiting physician. . . . . . . . 1,080 | Second assistant engi- Two cooks, each. . . . . . . . . 120
Resident physician . . . . . . . 480 Ileet . . . . . . . . . . . . . . . . . . 300 Three cooks, each . . . . . . . 60
One clerk. . . . . . . . . . . . . . . . . 600 | Five watchmen, each. . . . 365 | One nurse . . . . . . . . . . . . . . . 180
Baker . . . . . . . . . . . . . . . . . . º 420 | Blacksmith . . . . . . . . . . . . 240 Four nurses, each . . . . . . . 60
Qyerseer . . . . . . . . . . . . . . . . 800 | Hostler . . . . . . . . . . . . . . . . . . 1% One teacher..... ....... 300
Five Overseers, each . . . . . 600 | Ambulance driver. . . . . . . 120
212 CHAPTER xix.-DISTRICT OF COLUMBIA, ETC.
***.
taken, how certi- or secretary of the board of Commissioners District of Columbia,
fled and recorded or some judge or justice of the peace of said District who may be
1 Leg. Assem., duly commissioned and qualified, or before the Chief Justice of the
Aug. 23, 1871, ºh Supreme Court of the United States, to support the Constitution of
199, see: 48, p. 1% the United States, and faithfully to discharge the duties of their
respective offices, which said oaths or affirmations, when so taken,
shall be certified and transmitted by the person administering the
Same to the secretary of the said District, to be by him recorded
among the executive proceedings. -
Bonds, shall, be SEC, 87. All bonds given in pursuance of this act shall be filed in
filed with the See: the office of the secretary of the board of Commissioners of the Dis-
retary. trict of Columbia,
Ibid., sec. 47, p. *
, 161. * - -
Seal of District SEC. 88. That the following design be, and the same hereby is,
adopted. - adopted for the seal of the District of Columbia.
L e g . Assem. * *
Aug. 3, 1877, sec. 1, p. 24.
To beincustody SEC, 89. The secretary of the District shall have the official charge
9f secretary of the and custody of said seal.
Commissioners.
Ibid., sec. 2.
Use of design SEC. 90. The use of said design, as the seal of the District, by the
for, seal author- executive department of the District government, is hereby approved
ized. and legalized. \ *
Ibid., Sec. 3. ~,
Police laws of SEC. 91. All laws and regulations of the District of Columbia for
District of Colum- the preservation of the public peace and order shall extend to the
§. * sº * Capitol Square, whenever application for the same is requested by
** the presiding officer of either House of Congress, or by the Chief of
º 1819, R. S. Engineers in charge of public buildings and grounds.
standard of SEC. 92. The legal standard of time in the District of Columbia
time in District of shall hereafter be the mean time of the seventy-fifth meridian of
Columbia. longitude west from Greenwich.
Mar. 13, 1884. \ 4. * ,
23 Stat., 4. -
ºn year to , SEG 93. The fiscal year of said District shall commence on the
commencé on the first day of July in each and every year until Otherwise provided by
first day of July. law.
Leg. Assem. ,
Aug. 22, 1871, sec. 1, p. 78.
Leap year; that SEC. 94. That, to take away from henceforth all doubt and ambig-
day and the one uity, that might arise hereupon, the day increasing in the leap-year
º º: shall be accounted for Öne year, so that because of that day none
COlllllie C ** shall be prejudiced that is impleaded, but it shall be taken and
21 Henry III, A. reckoned of the same month wherein it groweth ; and that day, and
Pºłº, 'it, St t the day next going before, shall be accounted for One day. And
*** therefore we do command you, that from henceforth you do cause
36, 37. e *
kilty's Rep.,208, this to be published afore you, and be observed.
CHAPTER xx. —EVIDENCE,
213
Sec.
CHAPTER TWENTY.
FWIDENCE,
1. Mode of proof in actions at law.
. Copies of Department
(NOTE.-Proof in equity; letters
rogatory; proof by commission.)
Depositions, de bene esse.
Same, mode of taking.
Same, transmission of.
Same, under dedimus, in perpetuam.
Same, in perpetuam.
. Same, of seafaring men ; how ob-
tained ; effect of.
. Same, taken under sections 6 and 7
may be read, if witness be dead.
. Same, not to extend to boundaries of
land.
. Same, exceptions.
. Same, notice to take.
. Same, certificate of judge.
. Same, commission may issue.
. Same, in perpetuam, when admis-
sible.
. Same, how taken under dedimus.
. Subpoena duces tecwm, under dedi-
7??,?!.S.
. Attendance of witnesses under dedi-
770,70S.
records and
papers. -
. Same, in office of Solicitor of Treas-
ury.
. Instruments and papers of Comp-
troller of Currency.
. Organization p a pers of national
banks.
Sec.
22.
29.
Transcripts of books, etc., in Treas-
ury Department, in suits, against
delinquents.
. When original records lost or de-
stroyed.
. Same subject. &
. Authentication of acts of legislature
and proof of judicial acts.
. Proof of records, etc., kept in offices
not pertaining to courts.
. Copies of foreign records, etc., relat-
ing to land titles in United States.
. Testimony of witnesses before Con-
gress, not admissible in evidence
against them in Criminal prosecu-
tions.
Pleadings, disclosures, etc., judi-
cially obtained not to be used
against witness. Or party; exemp-
tion not to extend to cases of per-
jury.
. Production of books, etc.
. Production of books, etc., in actions
at law.
. Exemplifications; when good.
. Proof of deeds.
. Proof of execution of deed, will,
bond, bill, or instrument by oath
of subscribing witnesses; attesta-
tion thereof; in case of death of
witness; provisos.
SEC. 1. The mode of proof in the trial of actions at common law
shall be by oral testimony and examination of witnesses in open common-law
court, except as hereinafter provided.*
Sec. 861, R. S. U. S.
• 25, sec. 3, v.2, p. 682.
713, Ea, parte Fisk.
1 Stat., 88. 24 Sept., 1789, ch. 20, sec. 20.
24 Jan., 1827, ch. 4, secs. 1, 2, v.4, pp. 197, 199.
SEC. 2. The testimony of any witness may be taken in any civil
cause depending in a district or circuit court by deposition de bene
esse, when the witness lives at a greater distance from the place of
trial than one hundred miles, or is bound on a voyage to Sea, or is
about to go out of the United States, or out of the district in which
the case is to be tried, and to a greater distance than One hundred $5
miles from the place of trial, before the time of trial, or when he is
ancient and infirm. The deposition may be taken before any judge 80.3, p. 350.
of any court of the United States, or any commissioner of a c reuit
court, or any clerk of a district or circuit court, or any chancellor,
justice, or judge of a supreme or Superior Court, mayor or chief
magistrate of a city, judge of a county Court Or court of common 159, Sec. 2, v. 10, p.
pleas of any of the United States, or any notary public, not being *.
of counsel or attorney to either of the parties, nor interested in the
event of the cause.
Reasonable notice must first be given in writing
by the party or his attorney proposing to take such deposition, to
the opposite party or his attorney of record, as either may be nearest,
* For proof in equity, see Rule of Court No. 63, Mackey's Practice, p. 123.
As to letters rogatory from courts of the United States, see secs. 875, 4071 to 4074, inclusive, R. S
". also 19 Stat., 240, Feb. 27, 1877.
€
ositions may be taken by commission.
see also Rule of Court No. 63, p. 123, Mackey's Practice.
Sup. R. S., 1. ed., p. 266, par. 12.
See Md. act, 1773, ch. 7, sec. 3, post, title, “Witnesses;”
Mode of proof in
actions.
20 Feb., 1812, ch.
113 U.S. Rep.,
Depositions de
bene esse.
Sec. 863, R. S.
24 Sept. ,1789, ch.
20, Sec. 30, v.1, p.
1 Mar., 1817, ch.
26 Feb. 1853 Ch.
80, Sec. 1. v. 10, p.
163.
29 July 1854, ch.
9 May, 1872, ch.
146, v. 17, p. 89.
138 U. S. Rep.,
632, Gormley vs.
Bunyan.
214 - CHAPTER xx. —EVIDENCE.
which notice shall state the name of the witness and the time and
place of the taking of his deposition ; and in all cases in rem, the
person having the agency or possession of the property at the time
of seizure shall be deemed the adverse party, until a claim shall have
been put in; and whenever, by reason of the absence from the district
and want of an attorney of record or other reason, the giving of the
notice herein required shall be impracticable, it shall be lawful to
take such depositions as there shall be urgent necessity for taking,
upon such notice as any judge authorized to hold courts in such cir-
cuit or district shall #º reasonable and direct. Any person may
be compelled to appear and depose as provided by this section, in the
same manner as witnesses may be compelled to appear and testify in
court. & - -
Mode of taking , SEC. 3. Every person deposing as provided in the preceding section,
depositions debene shall be cautioned and sworn to testify the whole truth, and care-
(2SS6. fully examined. His testimony shall be reduced to writing by the
Sec. 864, R. S magistrate taking the deposition, or by himself in the magistrate's
tº sº, tº * presence, and by no other person, and shall, after it has been reduced
2isept. 1789, ch, to writing, be subscribed by the deponent. -
20, secs. 30, v.1, p. 88, 9 May, 1872, ch. 146, v. 17, p. 89. 1 MacArthur Rep., 496,
Claxton vs. Adams; 149 U.S. Rep., 481, Bibb vs. Allen; 21 Wallace Rep., 191, Doane
vs. Glenn; 3 Wall. Rep., 191, Blackburn vs. Crawford; Ibid., 107, York County vs.
Railroad. 1 Pet. , 351, Bell vs. Morrison; 5 Pet., 604, Patapsco Ins. Co. vs. Southgate;
11 Wall. , 659, Cook vs. Burnley; 15 Wall., 151, Shute vs. Thompson; 3 McLean, 383,
Doe dem. Moore vs. Nelson et al.; 1 Cr., C. C., 523, Jones vs. Knowles; Hemps., 688,
Marstin vs. McRae; Hemps, 689, Rainer vs. Haynes; 2 Cr., 195, Thorpe and Burton
vs. Simmons; 2 Cr., C. C., 198, Centre vs. Keene; 2 Cr., C. C., 421, Bussard vs. Catalino.
Transmission to SEC. 4. Every deposition taken under the two preceding Sections
the court of depo- shall be retained by the magistrate taking it, until he delivers it
sitions débénéesse, with his own hand into the court for which it is taken ; or it shall,
Sec. 865, R. S. together with a certificate of the reasons as aforesaid of taking it
ſº ºf ſº and of the notice, if any, given to the adverse party, be by him sealed
© * sº ºn up and directed to such court, and remain under his seal until opened
# * * * * * in court. But unless it appears to the satisfaction of the court that
§ Cr., 70, Beale the witness is then dead, or gone Qut of the United States, or to a
vs. Thompson; 7 greater distance than one hundred miles from the place where the
Whº, 453, Evans court is sitting or that. by reason of age, sickness, bodily infirmity,
#: º,; ; or imprisonment, he is unable to travel and appear at court, such
H. H. deposition shall not be used in the cause. *&
693, Harris vs. Wall.; Mart. (N. C.), 81, Jones vs. Neale; 4 McLean, 240, Shankwiker
vs. Reading; 2 Cr., C. C., 335, Thorp vs. Orr.
Depositions un- SEC. 5. In any case where it is necessary, in order to prevent a
* P. failure or delay of justice, any of the courts of the United States
perpetuam, .e.” may grant a dedimus potestatem to take depositions according to
& common usage; and any circuit court, upon application to it as a court
Sec. 866, R. S. of equity, may, according to the usages of chancery, direct deposi-
"ºsº. 1780, ch, tions to be taken in perpetuam rei memoriam, if they relate to any
26.36. i., § matters that may be cognizable in any court of the United States.
9 May, 1872, ch. And the provisions of sections eight hundred and sixty-three, eight
146, Y.17, p. 89, hundred and sixty-four, and eight hundred and sixty-five, shall not
*:::::::::::P apply to any deposition to be, taken under the authority of this sec-
vs. Brown;3 Cr., .
§. tion. [See §§ 875, 4071, R. S. U. S.]
Kirk; 4 Wh., 508, Sergeant vs. Biddle; 7 Wh.,453, Evans vs. Hettich; Pet., C. C.,85,
Gilpins vs. Consequa; Pet., C. C., 235, Nelson vs. U.S.; Pet., C. C., 301, Willings vs.
Consequa; 2 Wash., C. C., 7, Winthrop vs. Insurance Company; 3Wash., C. C., 109,
Richardson vs. Golden; 3 Wash., C. C., 332, Bell vs. Davidson; 3 Wash., C. C., 404,
Lonsdale vs. Brown; 4 Wash., C. C., 323, Dodge vs. Israel; 5 Mass., 451, The Schooner
Ruby; 1 Gall., 160, Cunningham vs. Otis; 2 Wash. C. C., 223, Leroy vs. Delaware Ins.
Co.; 2 Wash., C. C., 356, U.S. vs. Price's Administrator; 4 Wash., C. C., 186, Bauderau.
vs. Montgomery; 1 Paine, 65, Peters vs. Prevost.
CHAPTER xx. —EVIDENCE. 215
SEC. 6. That it shall and may be lawful for any person or persons , Depositions may
to take the deposition or depositions of any witness or witnesses, who º : *: *
may have knowledge of any fact, in proving which such person or ...” “
persons may apprehend him, her or themselves, interested, before a - Fº
judge of the [general] court, first giving twenty days notice to the s Mºtiºch.
party or parties against whom such depositions are intended to be ºsey 145
used, or, in case of absence or minority, to his, her or their guardian, 1 Kiity, 486."
agent or attorney, if any, and in case of absence, if no agent or
attorney, setting up a notice in writing at the court-house [of the
county] where such deposition or depositions are intended to be
taken, twenty days before such depositions are taken, which deposi-
tion or depositions so taken, with proof of such notice, shall be
lodged with the clerk of the county where the same are taken, to be
recorded, and such clerk shall record the same, and receive for his
service at the same rate per side as for recording any other matter.
SEC. 7. That the depositions of any such sea-faring men, or others, Depositions to be
taken before one of the justices of the [provincial] court in the pres- ºved, etc., as
ence of the adverse party to him that réquires such depositions to be *
taken, if upon due notice he thinks fit to be present, or upon notice Md. act 1721, ch.
to refuse to be present, (the notice being proved, ) shall be received 14.8%:3: ...
as good evidence in any of the courts within this District º 1 Dorsey, 57.
ince, as if such evidence were personally present upon the trial, and
should deliver the same viva voce.
SEC. 8. That all such depositions, or a transcript thereof, under May be read in
seal, whether taken before or after any suit or action commenced, evidence if wit-
may be read in evidence on any arbitration or trial at law or in * * *
equity, if such deponent or deponents die before such arbitration Or ry
sº 5 * e & Md. act 1779, ch.
trial, or cannot be had to attend the same, of which satisfactory 8, j
proof shall be made. 1 Dorsey, 146.
Scott vs. McCann, 76 Md. Rep., 47.
SEC. 9. That nothing in this act is meant or intended to extend to Not to extend to
proving the boundaries of land, or in any manner to alter the law proving bounda-
now in force for that purpose. e ries of land.
Ibid., sec. 4. 1 Dorsey, 146.
SEC. 10. That in case of minors who nave no guardian or trustee, Rule in case of
and in case of absentees who are residents of this District [state], and minors, and non-
of all other absentees residents of other of the United States, or resid- "esidents.
ing inforeign states in amity with the United States, where such absen- Ibid., sec. 5,
tees have no trustee, guardian, agent or attorney, the common and 1 Dorsey, 146.
usual mode of perpetuating testimony shall be adopted, and no other,
any thing herein contained to the contrary notwithstanding.
SEC. 11. That in all cases where testimony may be perpetuated by Where witness-
this act, and where it shall be made appear, to the satisfaction of es are sick or sol-
the judge or justice, by affidavit of the party, that his witness or dies:
witnesses are sick and not likely to live, or may be about to march Ibid.,sec. 6.
out of this state on the public service as a soldier or militia-man, it 1 Dorsey, 146.
shall and may be lawful to take the deposition or depositions of such
witness or witnesses, on giving such notice less than twenty days,
as the judge or justice may think reasonable, all circumstances con-
sidered, so that the party interested, his guardian, trustee, agent or
attorney, may have convenient time to attend.
SEC. 12. That the judge or justice shall and he is hereby required Judge, etc., to
to give the party a certificate of having made affidavit, and of the give a certificate,
number of days appointed for notice, which shall be iodged with *
the deposition or depositions, and an attested copy of such deposi- Ibid., sec. 7.
tion or depositions, and of such certificate, shall be taken as good 1 Dorsey, 146.
evidence of the truth of the facts therein contained.
216 CHAPTER xx.—EVIDEN CE.
Commission SEC. 13. And, for regulating the chancery practice in the case of
may issue, etc., to rpetuating testimon -
jº: "...º. perpetuating tesºmony,
mony. Be it enacted, That commission shall and may issue to perpetuate
Ibid., sec. 8 testimony on bill, for that purpose, before, any appearance of the
i pºiâ6, party defendant, to such four persons, in the usual manner, as the
chancellor may approve, and on return of said commission, if no
good objection be made thereto in twelve months from the time of
such return, the chancellor shall and may order the same to be
recorded in perpetual memory, any law or usage to the contrary
notwithstanding.
Depositions in SEC. 14. Any court of the United States may, in its discretion,
perpétuam, etc., admit in evidence in any cause before it any deposition taken in
sºle º *. perpetuam rei memoriam, [which would be so admissible in a court
gºon • the * * wherein such cause is pending, according to the laws.
le]^eOT.
Sec. 867, R. S. U. S. 20 Feb., 1812, ch. 25, sec. 3, v. 2, p. 682. 3 Story, 516, Gould
vs. Gould.
dº. . ...Sºc. 15. When a commission is issued by any court of the United
festatem, häw States for taking the testimony of a witness named therein at any
taken. place within any district or Territory, the clerk of any court of the
United States for such district or Territory shall, on the application
Sec. 868, R. S. of either party to the suit, or of his agent, issue a subpoena for such
"; an., 1827, ch. witness, commanding him to appear and testify before the commis-
4.s.º.º. Sioner named in the commission, at a time and place stated in the
3 Wall. 113, subpoena ; and if any witness, after being duly served with such
York, Co. vs. Cen- Subpoena, refuses or neglects to appear, Or, after appearing, refuses
tral R. R. to testify, not being privileged from giving testimony, and such
refusal or neglect is proven to the satisfaction of any judge of the
court whose clerk issues such subpoena, such judge may proceed to
enforce obedience to the process, or punish the disobedience, as any
court of the United States may proceed in case of disobedience to
process of subpoena to testify issued by such court. .
[See §§ 871, 872, 873, 874, R. S. U. S., also title “Witnesses,” post.).
Subpoena duces SEC. 16. When either party in such suit applies to any judge of a
º..."...” United States court in such district or Territory for a subpoena com-
dedimus potesta- e e º …” *. } * (*
tem. manding the witness, therein to be named, to appear and testify
- - —ºr before said commissioner, at the time and place to be stated in the
usº * * * subpoena, and to bring with him and produce to such commissioner
3.jan, 1897, on any paper or writing or written instrument or book or other docu-
4,sec. 2.4, p.199 ment, supposed to be in the possession or power of Such witness, and
1 Burr's Trial, to be described in the subpoena, such judge, on being satisfied by
183. the affidavit of the person applying, or otherwise, that there is reason
to believe that such paper, writing, written instrument, book, or
other document is in the possession or power of the witness, and that
the same, if produced, would be competent and material evidence
for the party applying therefor, may order the clerk of said court to
issue such subpoena accordingly. And if the witness, after being
served with such subpoena, fails to produce to the commissioner, at
the time and place stated in the Subpoena, any such paper, Writing,
written instrument, book, or other document, being in his possession
or power, and described in the Subpoena, and such failure is proved
to the satisfaction of said judge, he may proceed to enforce Obedience
to said process of subpoena, or punish the disobedience in like man-
ner as any court of the United States may proceed in case of dis-
obedience to like process issued by such court. When any such
paper, writing, written instrument, book, or other document is pro-
duced to such commissioner, he shall, at the cost of the party requir-
ing the same, cause to be made a correct copy thereof, or of So much
thereof as shall be required by either of the parties.
*..
Chapter xx-EVIDENCE 217
2
him by virtue of either of t
of his office, or, when his office is vacant, by the Officer acting as
SEC. 17. No witness shall be required, under the provisions of Witness under
either of the two preceding sections, to attend at any place out of *...*
the county where he resides, nor more than forty miles from the j .nº
& © ſe tº © º • *º . º quired to attend.
lage of his residence, to give his depositions; nor shall any witness t
e deemed guilty of º for disobeying any subpoena directed to , Sº. 870, R. S.
e Said sections, unless his fee for going “3. Fº
* - 9 § 24 Jan., 1827, ch.
to, returning from, and one day's attendance at, the place of exami-4, secs. i. 3,'º. 4.
nation, are paid or tendered to him at the time of the service of the pp, 197, 199.
Subpoena.
SEC. 18. Copies of any books, records, papers, or documents in Copies of De-
any of the Executive Departments, authenticated under the seals of partment records
such Departments, respectively, shall be admitted in evidence equally *P*P*.
with the originals thereof. [See §§2469, 2470, R. S. U. S.] Sec. 882, R. S.,
U. S. 1 Stat., p. 69, Sept. 15, 1789, ch. 14, sec. 5. 22 Feb., 1849, ch. 61, sec. 3, v. 9
p. 347; 31 May, 1854, ch. 60, sec. 2, v. 10, p. 297.
SEC. 19. Copies of any documents, records, books, or papers in the Copies of rec-
office of the Solicitor of the Treasury, certified by him under the seal ºin ºffice
of Solicitor of the
Solicitor for the time, shall be evidence equally with the originals. reasury
Sec. 883, R. S. U. S. 22 Feb., 1849, ch. 61, sec. 2, v. 9, p. 347.
SEC. 20. Every certificate, assignment, and conveyance executed instrumen; and,
by the Comptroller of the Currency, in pursuance of law, and sealed Pº. of Comp-
ſº gº b ~~~~} g e tº troller of the Cur-
with his seal of office, shall be received in evidence in all places and .
courts; and all copies of papers in his office, certified by him and
authenticated by the said seal, shall in all cases be evidence equally Sec. 884, R. S.
with the originals. An impression of such seal directly on the paper j
s: º - 3 June, 1864, ch.
shall be as valid as if made on wax or wafer. 106, sec. 2, v. 13, p.
- - 100.
SEC. 21. Copies of the organization certificate of any national Organization cer-
banking association, duly certified by the Comptroller of the Cur-tificates of nation-
rency, and authenticated by his seal of Office, shall be evidence in al banks.
all courts and places within the jurisdiction of the United States of Sec. 885, R. S.
the existence of the association, and of every matter which could be U.S.
r * e - •+ o-, * {, , , , * * *) tº 3.June,1864, ch.
proved by the production of the original certificate. [See § 5135.] 106, Sec. 6, v. 13, p.
- 101.
3) sin it, i * * | – || ". Transcripts from
SEC. 22. When suit is brought in any case of delinquency of a tº oks, etc., of the
revenue officer, or other person accountable for public money, a feasºn suits
transcript from the books and proceedings of the Treasury Depart- against delin-
ment, certified by the Register and authenticated under the Seal of quents.
the Department, or, when the suit involves the accounts of the War *
5 42 * e e Sec. 886, R. S.
or Navy Departments, certified by the Auditors respectively charged U.S.
with the examination of those accounts, and authenticated under the 8 Mar., 1797, ch.
seal of the Treasury Department, shall be admitted as evidence, and 3%, see: * Y. 1 P.
the court trying the cause shall be authorized to grant judgment *šMar 1st,
s º * . Sº a S-> 3 Mar., 1817, ch.
and award execution accordingly. And all copies of bonds, con- 45, sec. ii., v. 3, p.
tracts, or other papers relating to, or connected with, the settlement 367. *
of any account between the United States and an individual, when Whº $1, Wal;
certified by the Register, or by such Auditor, as the case may be, to É. ºvs. U. S. ; 3
* tº º ge et., 12, U. S. vs.
be true copies of the originals on file, and authenticated under the Bufºri. 5 p.
seal of the Department, may be annexed to such transcripts, and 292, Smith vs. U.
shall have equal validity, and be entitled to the same degree of credit S.; 6 Pet., 173, Cox
which would be due to the original papers if produced and authen: ; * § Pet.,
ticated in court: Provided, That where suit is brought upon a bond jes is E. §
* & C y • 3 5
or other sealed instrument, and the defendant pleads “non est Gratiot vs. ti. S.
factum,” or makes his motion to the court, verifying such plea or 1. How, 250, U.S.
motion by his oath, the court Inay take the same into consideration, $. It Y. g.: 19
and, if it appears to be necessary for the attainment of justice, may How., 109, Hoyt.
218 - CHAPTER xx.-EVIDENCE,
º, U.S.; 17 How, require the production of the original bond, contract, or other paper
437, Bruce vs. U. specified in such affidavit. [See §§ 887 to 896, R. S. U. S., inclusive.]
S.; 1 McLean, 467, ſº .9 9
U.S. vs. Edwards; 3 McLean, 324, U. S. vs. Hilliard et al.; 1 Paine, 417, U. S. vs.
Lent; 2 Paine, 68, U. S. vs. Martin; 2 Cr., C. C., 328, U. S. vs. Van Zandt; 2 Cr., C.
C., 336, U. S. vs. Griffith; 2 Cr., C. C., 462, U. S. vs. Lee; 1 McAll., 243, U. S. vs.
Harrill; Gilp., 44, U. S. vs. Mattison; 1 Bond, 149, U. S. vs. Corwin; 19 Wall., 198,
|U. S. vs. Gaussen. -
When original SEC. 23. When the record of any judgment, decree, or other pro-
recºrds are lost or ceeding of any court of the United States is lost or destroyed, any
destroyed. party or person interested therein may, on application to such court,
Sec. 899, R. S. and on showing to its satisfaction that the same was lost or destroyed
• * ~ * without his fault, obtain from it an Order authorizing such defect to
*** *** be supplied by a duly certified copy of the original record, where
114, Sec. 1, v. 16, p. e tº * *s 2
474. 3. * the same can be obtained; and such certified copy shall thereafter
20 wallace, have, in all respect, the same effect as the Original record would
Rep., 226, Cornett have had.
vs. Williams.
Same subject. SEC. 24. When any such record is lost or destroyed, and the defect
- cannot be supplied as provided in the preceding Section, any party
Sec. 900, R. S. . º * ** • As v & ** e *
TJ. S. or person interested therein may make a written application to the
3 Mar., 1871, ch. court to which the record belonged, verified by affidavit, showing
111, sec. 2, v.16, p. such loss or destruction; that the same occurred without his fault or
475. neglect ; that certified copies of such record cannot be obtained by
him ; and showing also the substance of the record solost or destroyed,
and that the loss or destruction thereof, unless supplied, will or
may result in damage to him. The court shall cause said application
to be entered of record, and a copy of it shall be served personally
upon every person interested therein, together with written notice
that on a day therein stated, which shall not be less than sixty
days after such service, said application will be heard ; and if, upon
such hearing, the court is satisfied that the statements contained in
the application are true, it shall make and cause to be entered of
record an order reciting the substance and effect of said lost or
destroyed record. Said order shall have the same effect, so far as
concerns the party or person making such application and the persons
served as above provided, but subject to intervening rights, which
the original record would have had, if the same had not been lost or
destroyed. 4.
Authentication SEC. 25. The acts of the legislature of any State or Territory, or
of legislative acts of any country subject to the jurisdiction of the United States, shall
: p. i J. be authenticated by having the seals of such State, Territory, or
...” country affixed thereto. The records and judicial proceedings of the
3 * v- - courts of any State or Territory, or of any such country, shall be
Sec. 905, R. S. proved or admitted in any other court within the United States, by
U. S. the attestation of the clerk, and the seal of the court annexed, if
1ſ."º" there be a seal, together with a certificate of the judge, chief justice
37 Maj., 1804, or presiding magistrate, that the said attestation is in due form.
ch, 56, sec. 2, v. 2, And the said records and judicial proceedings, so authenticated, shall
p. 299. . have such faith and credit given to them in every court within the
147 U. S. Rep., United States as they have by law or usage in the courts of the State
367, Glen n vs. p., te -
Garth: 146 U. S. from which they are taken.
Rep., 685, Huntington vs. Attrill; 137 U. S. Rep., 294, Grover vs. Radcliffe; 133 U.
S. Rep., 111, Cole vs. Cunningham. 7 Cr., 408, Ferguson vs. Harwood; 7 Cr., 481,
Mills vs. Duryee; 11 Wh., 392, U. S. vs. Amedy; 2 Pet., 592, Buckner vs. Finley; 9
Pet., 627, Owings vs. Hull; 9 Pet., 700, Urtetiqui vs. D'Arbel; 13 Pet., 312, McEl-
moyle vs. Cohen; 6 How. , 44, Stacey vs. Thrasher; 9 How. , 522, Bank of Alabama vs.
Dalton; 11 How. , 165, D'Arcy vs. Ketchum.; 13 How., 307, Railroad vs. Howard; 17
How., 322, Booth vs. Clark; 1 Cr., C. C., 190, Mason vs. Lawrason; Hemp., 232,
Buford vs. Hickman; Pet., C. C., 354, Craig vs. Brown; Hemp., 94, Stewart vs. Gray;
1 Cr., C. C., 78, Gardner vs. Lindo; Hemp., 538, Trigg vs. Conway; 3 Wash., C. C.,
126, Turner vs. Waddington; 4 McLean, 199, Catlin vs. Underhill; 4 McLean, 366,
Morgan vs. Curtenius; 3 Cr., C. C., 594, Hale vs. Brotherton; 6 McLean, 24, Mew-
ster vs. Spalding; 1 Cr., C. C., 14, Parrot vs. Habersham; 2 Wash., C. C., 449, Talcott
vs. Delaware Ins. Co.;1 Wash., C. C., 330, James vs, Stookey; District Court, Oregon,
1867, Bennett vs. Bennett.
CHAPTER xx.-EVIDENCE.
219
SEC. 26. All records and exemplifications of books, which may be
kept in any public office of any State or Territory, or of any country
subject to the jurisdiction of the United States, not appertaining to
a court, shall be proved or admitted in any court or office in any other
State or Territory, or in any such country; by the attestation of the
keeper of the said records or books, and the seal of his office annexed,
if there be a seal, together with a certificate of the presiding justice
of the court of the county, parish, or district in which such office
may be kept, or of the governor, or secretary of state, the chancellor
Or keeper of the great seal, of the State, or Territory, or country,
that the said attestation is in due form, and by the proper officers.
If the said certificate is given by the presiding justice of a court, it
shall be further authenticated by the clerk or prothomotary of the
said court, who shall certify, under his hand and the seal of his office,
that the said presiding justice is duly commissioned and qualified ;
Or, if given by such governor, Secretary, chancellor, or keeper of the
great seal, it shall be under the great seal of the State, Territory, or
country aforesaid in which it is made. And the said records and
exemplifications, so authenticated, shall have such faith and credit
given to them in every court and office within the United States as
they have by law or usage in the courts or offices of the State, Terri-
tory, or country, as aforesaid, from which they are taken.
SEC, 27. It shall be lawful for any keeper or person having the
custody of laws, judgments, Orders, decrees, journals, correspondence,
or other public documents of any foreign government or its agents,
relating to the title to lands claimed by or under the United States,
on the application of the head of one of the Departments, the Solic-
itor of the Treasury, or the Commissioner of the General Land-Office,
to authenticate copies thereof under his hand and seal, and to cer-
tify them to be correct and true copies of such laws, judgments,
Orders, decrees, journals, correspondence, or other public documents,
respectively; and when such copies are certified by an American
minister or consul, under his hand and seal of office, to be true copies
of the Originals, they shall be sealed up by him and returned to the
Solicitor of the Treasury, who shall file them in his office, and cause
them to be recorded in a book to be kept for that purpose. A copy
of any such law, judgment, Order, decree, journal, correspondence,
or other public document, so filed, or of the same so recorded in said
book, may be read in evidence in any court, where the title to land
claimed by or under the United States may come into question,
equally with the originals.
SEC. 28. No testimony given by a witness before either House, or
before any committee of either House of Congress, shall be used as
evidence in any criminal proceeding against him in any court, except
in a prosecution for perjury committed in giving such testimony.
But an official paper or record produced by him is not within the
Said privilege. [See § 103 R. S. U. S.
U. S. 24 Jan., 1862, ch. 11, v. 12, p. 383. 24 Jan., 1857, ch. 19,
SEC. 29. No pleading of a party, nor any discovery or evidence
obtained from a party or witness by means of a judicial proceeding
in this Or any foreign country, shall be given in evidence, or in any
manner used against him or his property or estate, in any court of
the United States, in any criminal proceeding, or for the enforcement
of any penalty or forfeiture: Provided, That this section shall not
exempt any party or witness from prosecution and punishment for
perjury committed in discovering or testifying as aforesaid.
Proofs of re-
cords, etc., kept in
offices not pertain-
ng to Courts.
Sec. 906, R. S.
27 Mar., 1804, ch.
56, secs. 1, 2, v. 2,
pp. 298,299.
21 Feb., 1871, ch.
62, v.16, p. 419.
. Copies of for-
eign records, etc.,
relating to land
titles in the United
States.
Sec. 907, R. S.
D. S.
22 Feb., 1849, ch.
61, sec. 1, v. 9, p.
3 Mar., 1849, ch.
82, v. 9, p. 350.
Testimony of
withesses before
Congress not ad-
missible against
them in criminal
prosecutions.
Sec. 859, R. S.
sec. 2, v. 11, p.156.
Pleadings, dis-
closures, etc., not
to be used in crim-
inal proceedings.
Sec. 860, R. S.
|U. S.
25 Feb., 1868 ch.
13, Sec. 1, V. 15, p.
37
142 U. S. Rep., 547, Counselman vs. Hitchcock; 116 U.S. Rep., 616, Boyd vs. U.S.;
12 Blatch. , 553, U.S. vs. Hughes; 6 Bliss, 379, U. S. vs. Three Tons Coal; 6 Bliss., 483,
U.S. vs. Distillery.
SEC. 30. That the chancellor shall have power and authority, on
the application of either party, on the trial of any actions at law
Chancellor to
have power to de-
220 > CHAPTER xx.—EVIDENCE.
gree, etc., produc-depending in the general courts, or on any bill instituted in the
tion of books, etc. chancery court, either for discovery or relief, to require and decree
Md. act 1798, ch...that the parties shall produce either the Original books, writings or.
84,sec. 2. papers, or copies certified by a justice of the peace, of all such parts
| Pºsey.9% of such books, writings or papers, in their possession or power, as
*** contain evidence pertinent to the issue, or rélative to the matters in
dispute between the parties, to be used as evidence at the trial of
such cause or causes: Provided, That before any such order shall be
made, the party making such application shall satisfy the chancellor,
on oath or affirmation, that the said books, writings or papers, con-
tain, material and necessary evidence, and that such party cannot
Safely proceed to the trial of his, her or their case, without the ben-
efit of such testimony. -
Power to order. SEC. 31. In the trial of actions at law, the courts of the United
production of States may, on motion and due notice thereof, require the parties to
books, and writ: produce books or writings in their possession or power, which con-
§§ "**tain evidence pertinent to theissue, in cases and under circumstances
law. e -- * wº
where they might be compelled to produce the same by the ordinary
Sec. 724, R. S. rules of proceeding in chancery. If a plaintiff fails to comply with
• M.D.s ..., such order, the court may, on motion, give the like judgment for
cº, ſº the defendant as in cases of nonsuit ; and if a defendant fails to
i.p. 33.” ‘’” comply with such order, the court may, on motion, give judgment
'30). How., 194, against him by default. .
Thompson vs. Selden; 2 Dall. C. C., 332, Geyger's Lessee vs. Geyger; 2 Cr., C. C., 336,
Maye vs. Carberry; 2 Cr., C. C., 342, Bank U.S. vs. Kurtz; 1 Wash., C. C., 298, Hilton's
Lessee vs. Brown; 3Wash., C. C., 381, Bas vs. Steele; 4 Wash., C. C., 126, Durham vs.
Riley; 4 Wash., C. C., 519, Vasse vs. Mifflin; 2 Blatch., 23, Jacques vs. Collins; 1 Cur.,
C. C., 301, Iasigi vs. Crown.
Exemplification SEC. 32. An exemplification of the record under the hand of the
gººd *Y******, keeper of the same, and the seal of the court or office, where such
• . ==== record may be made, shall be good and sufficient evidence in any
º ch, court of this District [state] to prove any debt of record made or
i Dorsey, 199. entered in any other of the United States, or in any foreign country
2 Kilty, 29. Whatever. (See Const. of U. S., art. 4, sec. 1.)
What shall be SEC. 33. A copy of the record or register of any deed, will, or
good . ° other instrument of writing, which the laws of the District [state] or
*** *** country where the same may be executed require to be recorded or
Ibid., Sec. 2, registered, and which have been or shall be recorded or registered
#Pº, agreeably to such laws, under the hand of the keeper of such record
Rep., 471, Darby 9% register, and the seal of the court or office in which such record
vs. Mayer. or register has been or may be made, or a copy of any deed, will, or
- other instrument of writing lodged for Safe keeping in any office Or
court, agreeably to the laws of the state or country as aforesaid, and
certified as aforesaid, shall be good and sufficient evidence in any
court of this District [state] to prove such deed, will, or instrument of
writing.” -
Oath of wit: SEC. 34. That where any deed, will, bond, bill, note, or other instru-
. º 8000 ment of writing, hath been or shall be executed in any other of the
evidence, etc. United States, or in any foreign country, and to give validity to which
Ibid., Sec. 3. recording or registering is not,or shall not be made necessary, proof
**i. , 29. ion to the execution of such deed, will, bond, bill, note, or other instru;
20. ” ” ment of writing, by the oath or affirmation, as the case may be, of
30Md. Rep.,409, the subscribing witnesses to the same, or any of them, taken before
Beatty vs. Mason; any court, judge or justice, or other officer of the state or country
* By Nov., 1798, ch. 101, sub ch. 1, sec. 4, an attested copy, under the Seal of office, of any will, tes-
tament, or codicil, recorded in any office authorized to record the same, shall be admitted as evidence
in any court of law or equity, provided that the execution of the original will or codicil be subject to-
be contested until a probat hath been had according to the said act. *
See sec. 25 title “Real Estate ’’ post, as to certain deeds. -
CHAPTER XX. —EVIDENCE. 221
where such deed, will, bond, bill or instrument, hath been or may 109 U.S. Rep.,608,
be executed, having authority by law to administer an oath or affir- Bºson (US.
mation, as the case maybe, and a certificate underseal from the gov-”
`ernor, chief magistrate, or a notary public of such state or country,
that the court or officer before whom such oath or affirmation, as
the case may be, shall be taken, hath authority to administer, such
oath or affirmation, as the case may be, and that such oath or affir-
mation as aforesaid hath been duly made before such court, judge, jus-
tice, or other officer, shall be good and sufficient evidence in any court
of this District [state] to prove any such deed, will, bond, bill, note,
or other instrument; and if all the witnesses to any deed, will, bond,
bill, note, or other instrument of writing aforesaid, have died or shall
die before the execution of such deed, will, bond, bill, note, or other
instrument of writing, be proved as aforesaid, then proof, by a credi-
ble witness, to the hand-writing of the party making such deed, will,
bond, bill, note, or other instrument of writing, or to the hand-writing
of the subscribing witnesses to the same, or of any of them, taken and
certified as aforesaid, shall be good evidence for the purpose aforesaid:
Provided always, That in case any suit shall be brought in any court
of this District [state, upon any such instrument of writing, proved as
aforesaid, to recover any sum of money, or other valuable thing speci-
fied therein to be due, the party bringing such suit shall, at Or before
the first imparlance court, make oath or affirmation, as the case may
be, before some judge or justice of this District [state, or before some
court, judge, justice, or officer of the state or country where such in-
strument in writing hath been or shall be executed, having authority
as aforesaid, and to be certified as aforesaid, that such instrument of
writing was duly executed by the person therein mentioned to have
executed the same, and that the debt, or other valuable thing appear-
ing to be due by such instrument of writing, or any part thereof,
except what is credited, is not paid, or in any manner satisfied, by
discount, account in bar, or otherwise, to the knowledge or belief of
the party bringing such suit, but that the whole of the money or
other thing specified to be paid or delivered by such instrument of
writing, or such part thereof as shall be stated in such oath or affir-
mation, as the case may be, to be due, remains unpaid, according to
the best of the knowledge and belief of the party bringing such suit :
Amd provided also, That nothing in this act shall be taken or con-
strued in any manner to alter or repeal the laws now in being, estab-
lishing the mode for conveying lands, tenements or hereditaments,
within this District [state], by persons residing or being without the
District [state J: Amd provided also, That every creditor of a deceased
person, and any executor or administrator of a creditor, on suit by
§: or any of them, shall make oath or affirmation as the law now
directs. - &
\
222 CHAPTER XXI. —EXECUTIONS.
CHAPTER TWENTY-ONE.
EXECUTIONS,
Sec. Sec.
1. Fieri facias or other writ of execu- 11. Clerk may direct writ to elisor, etc.
tion shall bind from date of delivery Appointment of elisor.
to officer. “Sheriff,” used as re- 12. Elisor's powers, duties and fees; ad-
ferring to “marshal.” Stay of, ditional elisor.
execution and supersedeas. Death 13. Exemptions of property from at-
of marshal after levy or sale. tachment, distraint or execution,
2. Lands liable to sale on execution. * in favor of head of family or
3. Personalty distrained shall not be | householder.
impounded in several places. 14. Wife of debtor must sign conveyance
4. The order of satisfaction of execu- of exempted articles.
tions. - - 15. Earnings, not exceeding $100, of res-
5. No execution shall be stayed unless idents of District of Columbia, ex-
bond be given. For stay of execu- empt from levy, execution, etc.
tion, see “Judgments, ’’ post. Repeal of inconsistent acts or parts.
Where execution stayed by injunc- 16. Wearing apparel of deceased persons
tion, see ‘‘Chancery,” ante. exempt from appraisement and
6. On return of execution on forfeited sale.
recognizance, defendant may plead, 17. Judgment debtor for personal debt
etc. Or as executor or administrator,
7. Liability of marshal for failure to may show chattels, etc., on execu-
make returns. tion issued, to be appraised and
8. Liability of marshal and coroner for delivered to creditor and credited
failure to return original writ, On judgment.
etc. 18. Appraisers (under preceding section)
9. When rights of original plaintiff in case of seizure of goods of non-
enure to sheriff, etc. residents.
10. Court shall order return of writ, 19. Restrictions on levy on plate or jew-
unless, etc. els of Orphans, when.
Fieri facias or •; ; ooza tº te • wºrrº. º *
ot.'...'... , SEC, 1. No writ of fieri facias, or other writ of execution, shall
jón" shaji bind bind the property of the goods against whom such writ of execution
from date of de-issued forth, but from the time that such writ shall be delivered to
livery to officer, the marshal [sheriff, under-sheriff, j or coroners, to be executed :
29 Co. II, ch. 3, And for the better manifestation of the said time, the marshal
sec. 16, A.D. 1676, [sheriff, under-sheriff, and coroners, their deputies and agents, shall
_Alex. Brit. Stat., upon the receipt of any such writ, (without fee for doing the same)
"ki 's Rep. 941, ºndorse upon the back thereof, the day of the month or year whereon
*** he or they received the same.*
Lands liable to SEC. 2. The houses, lands, and other hereditaments, and real
ºld * * estates, situate or being within any of the said plantations belong-
e ing to any person indebted, shall be liable to, and chargeable with,
5 George II, Ch all just debts, duties, and demands of what nature or kind soever,
#;" * * * owing by any such person to His Majesty, or any of his subjects, and
Alex. Brit, stat, shall and may be assets, for the satisfaction thereof, in like manner
p. 716. as real estates are by the law of England liable to the satisfaction of
Kilty's Rep.,249 debts due by bond, or other specialty, and shall be subject to the
* Gºº.9. like remedies, proceedings, and process in any court of law or equity,
Rep., 331, Sawyer ; - • * “r” . . º * > • coirzin o' g
... ii., in any of the said plantations respectively, for seizing, extending,
fiep. 443, Jones vs. Selling, or disposing of any such houses, lands, and other heredita-
Jones; 4. Harris ments and real estates, towards the satisfaction of such debts, duties,
and #. and demands, and in like manner as personal estates in any of the
jº. said plantations respectively are seized, extended, sold, or disposed
§ ibid.";o. 3 of, for the satisfaction of debts.
Harris and J. Rep., 64, 73;3 Harris and J. Rep. , 497; 5 Peters Rep., 367, Tayloe vs.
Thompson; 24 How. Rep., 404, Smith vs. McCann; 91 U.S. Rep., 361, Morsell vs.
Bank.
wiThe word sheriff may be used as referring to the marshal. 5 Cranch, Ct. Rep., 400, U. S. vs.
- 18, IOOlS. -
Stay of execution and supercedeas regulated by Sec. 850, R. S. D. C. See “Judiciary,” sec. 46.
Death of marshal after levy or sale. See Sec. 994, R. S. ty. S.
+ Scire facias after a year. 13 Edward I, ch. 45. See “Judgments.”
CHAPTER xxi.-EXECUTIONS e t 223
SEC. 3. That no cattle or other goods distrained or taken by way Personalty, dis-
of distress, for any manner of cause at One time, shall be impounded º: ... d".
in several places, whereby the owner or owners of such distress shall ...P.” "
wº & * > * Several places.
be constrained to sue several replevies for the delivery of the said 1 and 2 Phili
distress so taken at one time; upon pain every person offending con- a... . IIlp
* ...? © and Mary, ch. 12,
trary to this act, shall forfeit to the party grieved, for every such ... i. pt. A. f.
Offense, an hundred shillings, [$13.33%) and treble damages. 1554.
- Alex. Brit. Stat., 368. Kilty's Rep., 234.
SEC. 4. We or Our bailiffs shall not seise any land or rent for any The order of
debt, as long as the present goods and chattels of the debtor do suf- satisfaction of
fice to pay the debt, and the debtor himself be ready to satisfy there- executions.
for. (2) Neither shall the pledges of the debtor be distrained, as 9 Henry III, ch.
long as the principal debtor is sufficient for the payment of the debt. 8, sec. 1, A. D.
(3) And if the principal debtor fail in payment of the debt, having 1% p.
nothing wherewith to pay, or will not pay where he is able, the Alex Brit Stat.,
pledges shall answer for the debt. (4) And if they will, they shall kilty's Rep.,205.
have the lands and rents of the debtor, until they be satisfied of - •
that which they before paid for him, except that the debtor can
shew himself to be acquitted against the said sureties.
SEC. 5. That no execution upon any judgment obtained [either] hi º
in the [provincial or county courts, or other inferior] courts of record ...s.º.º. :
within this District [province, shall be stayed or delayed, or any given.
Supersedeas upon such judgment granted, or issued forth, upon any i
appeal or writ of error from any,such court or courts of record as * gºtrusch.
aforesaid to the court before whom such appeal ought to be brought, "ſkiy, 100.
or before whom such writ of error ought to be heard and deter-
mined, unless such person or persons in whose name such appeal or
writ of error shall be made or brought as aforesaid, or some other
in his, her or their behalf, shall immediately upon making such
appeal, or suing out such Writ of error as aforesaid, enter into bond,
with sufficient sureties, (such as the justices of the court by whom
judgment shall be given as aforesaid, ſor the keeper of the seal for
the time being, ) to whom application shall be made for such writ of
error as aforesaid, shall approve of,) in double the sum recovered
by such judgment obtained as aforesaid, with condition, “That if
the party appellant, or party suing out such writ of error as afore-
said, shall not pursue the directions of this act hereafter mentioned,
at the next-court ensuing, before whom such appeal or writ of error
ought to be tried as aforesaid, and prosecute the same Writ with
effect, and also satisfy and pay to the Said party, his executors,
administrators or assigns, in case the said judgment shall be affirmed,
as well all and singular the debts, damages and costs adjudged by
the court before whom such action was first brought, and from whose
judgment such appeal shall be made, or thereon a writ of error
brought as aforesaid, as also all costs and damages that shall be
awarded by the court before whom such appeal or writ of error shall
be heard, tried and determined as aforesaid, then the said bond to be
and remain in full force and virtue, otherwise of no effect.” “ .
- [See §§ 770, S50 R. S. D. C.; also “Judiciary,” sec. 46.]
SEC. 6. Where any execution hath issued, or shall hereafter issue, .9% º :
on any forfeited recognizance, against any person for not appearing º:
according to the tenor of the recognizance, it shall and may be law- defendant may
ful for Such person, on the return of the execution, to appear, and plead, etc.
plead in discharge thereof any plea which would have been good and T.M.T.s.l.
sufficient upon a Scire facias on the said recognizance, if a Scire 42, sº. 3 * * * *
facias had been issued, and upon such plea being determined in 1 Kilty,623.
favour of the person pleading the same, he shall be discharged from 1.29ſsey, 180.
& •+,-,-, +--- ~~~ . º gº © e 43 Md. Rep. , 295,
the said fo feiture; and any court, from which execution shall issue State vs. Schultz.
* For stay of execution see judgments, 1778, ch. 21, sec. 7, Md. act, where execution stayed by
injunction. See Md. act 1799, ch. 79, sec. 10, “Chancery.”
z
224
CHAPTER XXI. —EXECUTIONS,
Liability of
marshal for failure
to make returns.
Md. act 1794, ch,
54, Sec. 1.
2 Kilty, 507.
Liability of
marshal and coro-
ner for failure to
return original
writ, etc.
Ibid., sec. 2.
Rights of Origi-
nal plaintiff enure
on any recognizance forfeited for not attending as a witness in any
case not capital, may, upon motion, and good and sufficient cause
fully shewn by such person, discharge him from the execution, upon
such terms as the court shall think fit and proper: Provided, That
such person shall not be discharged from such execution until the
trial of the plea, unless he shall pay and satisfy the execution, or
give bond payable to the state before the sheriff, or enter in recogni-
Zance in court, with one good and sufficient security, in double the
forfeiture and costs due upon such execution, conditioned to appear
and plead in discharge of the said execution, and to abide by and
fulfil the judgment of the court thereupon. -
SEC. 7. In case any marshal [sheriff] or coroner shall be called
upon by order of any court of record within this District [state, or of
the [high] court of chancery, to make return of any writ of execution,
and shall fail or omit to make return thereof within the time limited
by rule of court made for that purpose, it shall and may be lawful
to and for the judges aforesaid to cause judgment to be entered up,
in the name of the plaintiff or plaintiffs, against such marshal [sher-
iff] or coroner, for the amount of the debt or damages, and costs,
recovered from the person or persons against whose body, goods,
chattels, land Or tenements, such execution shall have issued, which
judgment shall have the same effect, Operation and validity, as any
judgment rendered upon any verdict of a jury.* -
SEC. 8. In case any man'shal [sheriff] or coroner shall be called
upon by Order of the justices of the [general] court, ſor of any county
court, to return any original writ, and shall fail or omit to make
return thereof within the time limitted by rule of court for that
purpose, and in all cases where any marshal [sheriff] or coroner, being
called upon by Order of the general court, or any county court, to bring
before them any defendant or defendants before arrested by such
marshal [sheriff] or coroner upon any original writ or mesne proc-
ess, according to the tenor of his return, the court, on motion, shall
cause such marshal [sheriff] or coroner to be amerced to the amount
of the debt or damages, and costs, due from the defendant or defend-
ants, to be ascertained by the oath of the plaintiff or plaintiffs, his,
her or their factor, agent Or attorney, and such other proof as the
Court may require, and shall and may enter judgment, nisi the sec-
Ond day of the next term thereafter, for the amount of the amercia-
ment aforesaid, in the name of the plaintiff or plaintiffs, and for his
Or their use, against such marshal [sheriff] or coroner, which judg-
ment shall be as valid and effectual as any judgment rendered upon
any verdict of a jury.
SEC. 9. In all cases where any marshal [sheriff] or coroner shall
pay and Satisfy to the plaintiff or plaintiffs any judgment rendered
against him in virtue of this act as aforesaid, or any judgment ren-
dered against him for a default upon any execution, such marshal
[sheriff] or coroner shall thereupon immediately become entitled to
the Original cause of action, or judgment, as the case may be, as
fully as the plaintiff or plaintiffs themselves was or were, and may
issue any execution in his own name, or in the name of the original
plaintiff or plaintiffs, upon such judgment, for his own use, or pros-
ecute such action to judgment and execution for his own use, and
shall be entitled to every other benefit and advantage from such
judgment, or cause of action, and Suit thereon depending, that the
Original plaintiff or plaintiffs might or could have had thereupon.
to sheriff, etc.,
when.
Ibid., Sec. 3.
*This lay of Maryland, relative to sheriff, applies to the marshal in this District, 5 Cranch, Ct.
Rep., 400, U.S. vs. Williams, - . - ----
CHAPTER XXI.—EXECUTIONS. - * 225
SEC. 10. Upon motion made to either of the said courts for an Courtshall order
order upon the marshal [sheriff] or coroner to make return of any ºn 9ſ Writ,
writ of execution, or any original writ, as aforesaid, the said court”
shall and they are hereby directed to make such order of course, Ibid., sec. 4.
unless such marshal [sheriffſ or coroner shall, upon oath or other- 3 Kilty, 508.
wise, satisfy the said court that the said writ was not received by
him, or to the best of his knowledge by any of his deputies.
SEC. 11. The clerk of the general court, on application for any Clerk may direct
original writ within the jurisdiction of such court, or for any writ writ to an elisor.
of execution on any judgment rendered in such court, shall and may ...” appoint-
direct the same to an elisor, to be appointed by one judge or justice“. . . .
of the court, which appointment shall be made by the judge or jus- Ibid.; Sec. 5.
tice in writing, and filed with the clerk, before the issuing of such º º,
writ, and no such appointment shall be made by any judge or justice 3.º. j
unless he shall be satisfied, by affidavit, that the marshal [sheriff] 496, fºx .
or coroner of the county camſhot safely be trusted with the execution Summers; sec.
thereof. - - 922, R. S. U. S.; 1
-- Stat., p. 87, sec. 28,
- 1789, ch. 20.
SEC. 12. That such elisor, in the execution of such process, shall Elisor's powers,
have such power and authority as any marshal [sheriff] might have duties, and, fees;
lawfully exercised in such cases, and shall be entitled to the same additional elisor.
fees, and subject to the same remedies, as in like cases might be Ibid., sec. 6.
received by, or had against, amy marshal [sheriff] or coroner; and 2 Kilty, 508.
if any elisor shall refuse to execute such process, or shall die, or
otherwise become incapable of executing the same, it shall and may
be lawful, upon application of the plaintiff, or his or her agent or
attorney, for such judge or justice to certify the same to the clerk e-
who issued the said writ, and to nominate and appoint Some other
elisor, to whom the said clerk is hereby authorized and required to
direct the same writ, who shall thereupon have all the powers and
authorities, and in all respects stand in the same situation, as if he
had been originally named in, and the said writ had been originally
directed to him. -
l
SEC. 13. The following property, being the property of the head Exemptions of
of a family or householder, shall be exempt from distraint, attach-Property from, at-
y tº º 2, 4: - 24- 3 tachment dis-
ment, levy, and sale on execution or decree of any court in the ...". exeCUL-
District: tº * tion, in favor of
First. All wearing apparel belonging to all persons, and to all head of family or
heads of families, being householders; householder.
Second. All beds, bedding, household furniture, stoves, cooking Tsec. 797. R. S.
utensils, and so forth, not exceeding three hundred dollars in Value; D. C. y
Third. Provisions for three months’ support, whether provided or ...! Mackey Rep.;
growing : *~. 303, Wallingsford
Sºo S 5 - vs. Bennett.
Fourth. Fuel for three months ; º
Fifth. Mechanics’ tools and implements of the debtors trade or
business amounting to two hundred dollars in value, with two hun-
dred dollars worth of stock for carrying on the business of the
debtor or his family;
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 exceed-
ing in value four hundred dollars; -
15 C. §
226 - - CHAPTER xxi.-EXECUTIONS.
Tenth. One cow, one swine, six sheep; 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 and provisions, for the
debtor' and family. (See § 603,982, 1286, R. S. D. C.]
Wife of debtor SEC. 14. No deed of trust, bill of Sale, or mortgage upon any
.*.*.*., exempted articles, shall be binding or valid unless signed by the
ance of exempted tº e e º e e gº tº rº
articles. * wife of the debtor, if he be married and living with his wife.
Sec. 798, R. S. D. C.; 8 Mackey Rep., 529; 19 Wash. Law Rep., 83, Justh vs. Wil-
son : 2 Gray Mass. Rep., 383, Richards vs. Chase. +
...; 1 0. º: SEC. 15. The earnings, not to exceed one hundred dollars each month
.*.*.* of all actual residents of the District of Columbia, and who are mar-
tº columbia ried persons, or who have to provide for the Support of a family
exempt from levy, in Said District, for two months next preceding the issuing of any
execution, etc. writ or process from any court or justice of the peace, or other
Repeal. officer of and in said District, against them, shall be exempt from
----- 7s attachment, levy, seizure, or sale upon such process;
June 19, 1878. e 5 5 gº & 2
20 Stat., 173. And the same shall not be seized, levied on, taken, reached, or sold
1Sup. R.S., 373. by attachment, execution, or any other process, or proceedings of
any court, judge, justice of the peace, or other officer of and in said
District;
Provided, That this act and nothing herein contained shall apply,
or in any manner affect any existing debt, contract, note, or judg-
ment. -
That all acts or parts of acts inconsistent with the provisions of
this act be, and they are hereby, repealed.
Wearing ap SEC. 16. The Ordinary wearing apparel of deceased persons, who
. of .* may have died citizens, or, if women who have been six months
º : immediately prior to their decease residents of the District of Colum-
praisement and bia, be, and the same is hereby, exempt from appraisement and sale
Sale: . . in all cases where there shall be a widow or child, or children or
b . .*** grandchild, or grandchildren, and that the said wearing apparel
elong. shall belong to and be the property of the child or children of the
1 Leg, Assem., deceased, and if there be no child or children, then the same shall
§h;3% P. 38, Aug. belong to and be the property of the grandchild or grandchildren of
3, 1871. the deceased, and if there be no child nor grandchild, then the same
shall belong to and be the property of the widow of the deceased.
Judgment debt: SEC. 17. If any Writ of fieri facias shall be delivered to any
º, for Pºonal marshal [sheriff] of this District [province, if the defendant, where
º: . º: the judgment is against him for his proper debt or cost, will upon
... a. silº Oath shew all his personalestate, when thereto required, or where judg-
chattels, etc., on ment is rendered against him as an executor or administrator, shew
execution issued; all the personal estate of the deceased’s in his hands unadministered,
*...*.*.*.* to the marshal [sheriff] or his deputy, so that such marshal [sheriff]
and delivered to g * & e •
ji.e. may levy such part thereof as the creditor or plaintiff, or his attorney in
ited on judgment, fact Or in law shall direct, such marshal [sheriff] shall within three
Md. act 1716, ch days at furthest, cause such goods, so taken, to be appraised by four
16... “ substantial freeholders of his county, two of them to be named by
i Kilty, 147. the plaintiff, or his attorney at law or in fact, and two by the defendant,
1 Har, and McH. and who are neither of kin to plaintiff or defendant, creditor or
Rep., 484, Nichol, debtor, who upon their oaths to be administered to them by the said
#.*.*.* marshal [sheriff, shall within three days, indifferently and justly
f., ii. Doñaii. value and appraise the said goods and chattels, so taken in execution:
son vs. Harvey, and the marshal [sheriff] shall thereupon give notice to the creditor,
or his attorney at law or in fact, of the value of the said goods, and
CHAPTER xxI.-EXECUTIONS. - - 227
shall deliver so much of the said goods, as according to such appraise-
ment, will amount unto the debt or damage, and cost in such execu-
tion mentioned, to the plaintiff, or his attorney at law or in fact, in
discharge of such debt and cost; and the said plaintiff or creditor is
hereby obliged to take and accept the same at Such appraisement and
value as aforesaid, in Satisfaction of so much of his debt, damage or
cost, as such goods, according to appraisement, will amount unto; and
if any creditor or plaintiff, or his attorney in fact or law, shall refuse
or deny to take and accept the same, according to such appraisement,
such marshal [sheriff] is hereby authorised and empowered to retain
in his hands, at such plaintiff's Or creditor's proper risk, so much of
the said goods as will satisfy the same debt or damage, with costs,
for such plaintiff's or creditor’s use, who shall pay to such marshal
[sheriff} all costs and charges he shall be at in keeping and Securing
such goods and chattels; and the said plaintiff or creditor shall have
no other action against such marshal [sheriff] than only for such
goods and chattels, so taken and retained as aforesaid, and such
'marshal [sheriff] shall give a full and sufficient discharge to such
debtor for so much of the debt and cost, as such goods, by such
appraisement, shall amount unto, which shall be a sufficient bar.
against Such plaintiff or creditor, and perpetually bar and hinder-
him from taking out any other execution against the goods or chattels,
lands Ortenements, of such debtor, whose goods and chattels as afore-
said have been taken in execution as aforesaid, for so much as such
goods, by appraisement, shall amount unto, any law, statute, usage
or custom to the contrary notwithstanding.”
SEC. 18. Provided always, That in case the plaintiff or defendant . Appraisers, how
are nonresidents within the respective counties wherein such writs ºn tº case of
shall be executed as aforesaid, or have not left an attorney at law or º Of
in fact, who is a resident within the county, so that the marshal Tº"
º º cannot conveniently give him or them notice within three Ibid., sec-3-
lays after the serving such writs according to the exigence of this
act, and who shall not be present at such time and place of appraise-
ment, or who, on notice given, shall not think fit to be present at such
time and place, it shall and may be lawful for the marshal [sheriff]
to choose two sufficient freeholders, qualified as aforesaid, on part
and behalf of such absent party, to the ends aforesaid; and in case
that both plaintiff and defendant are likewise nonresidents in such
county, and cannot conveniently have notice as aforesaid, nor shall
be present thereat, that then such man’shal [sheriff] shall be, and is
hereby empowered on behalf of both parties, to choose four appraisers
qualified as aforesaid, to make such appraisement as aforesaid.
SEC. 19. Provided also, That nothing in this act contained shall Restriction;
extend, or be construed to extend, to empower any marshal [sheriff º tº. ;
to levy, by virtue of any fieri facias, for any debt or damage recovered §º. | when.
against any executor or administrators, any plate or jewels reserve
in favour of orphans, by the act for better administration of justice.
in probat of wills and granting administrations, &c. but that the
sheriffs shall be and are hereby obliged to follow the directions of
that act, touching such plate and jewels, any thing in this act to the
contrary notwithstanding. -
Tbid., see...4.
* This act was repealed in Maryland in November,1803; 1 Dorsey, 482; 1 Stat. L., p. 81, sec. 14; ibid.;
p. 93, sec. 2; ibid., p. 335, sec. 8; see secs. 716, 883, R. S., U. S.; the law of Maryland relative to Sheriff
applies to the marshal in this District; 5 Cranch, Ct. Rep. 400, U. S. vs. Williams-
228. CHAPTER xxII.—FIRE DEPARTMENT AND SAFETY FROM FIRE.
CHAPTER TWENTY TWO.
FIRE DEPARTMENT AND SAFETY FROM FIRE.
Sec. Sec. -
1. One-third of cost of, to be paid by 8. Hallways and stairs in hotels, etc.,
United States. False alarms of, how they shall be lighted; one or
penalty for raising. more alarms or gongs to be kept;
2. Part of cost of, how appropriated. notices of fire escapes to be kept
3. Use of certain buildings granted to. posted, where; building inspector
4. Use of library rooms reserved in and chief of fire department, duties
Columbia, engine-house. of, in connection with fire escapes
5. Members of, exempt from military and Standpipes.
duty. 9. Penalty for not complying with and
6. Relief fund of firemen. liability for neglect of require-
7. Protection of property from fire and ments of section 7 of this chapter,
safety of lives, hotels, etc., over | 10. Repeal of all acts inconsistent with
50 feet high, to provide fire escapes three preceding sections.
. .” and standpipes. -
One-third of cost SEC. 1. One-third the expense incurred by the District Govern-
; º ment in maintaining a fire department in the District shall be paid
tºd’.t. “ by the United States. *
Sec. 190, R. S. D. C. Jan. 31, 1873, 17 Stat., 422.
To be paid into SEC. 2. The Secretary of the Treasury is directed to pay annually
;". * *: into the treasury of the District, out of any moneys which may be
priated by º appropriated by Congress for that purpose, one-third of the entire
gress; limit. cost of maintaining the fire departments, as provided by the pre-
Sec. 191, R. S ceding section; but the amount paid by the United States in anyone
pºº “ ” “ year shall not exceed twenty-five thousand dollars. -
Ibid.
Use of certain SEC. 3. The right of use and occupancy of the buildings and appur-
buildings granted tenances known as the Union," Franklin, Columbia, and Anacostia
fºº engine-houses, granted to the city of Washington for the purposes
department dur- * ov. * ** 1 * : * ~ * * /~
}...f of the fire department, shall continue during the pleasure of Congress
Congress. so long as used for such purposes.
Sec. 192, R. S. D. C. Feb. 18, 1867. 14 Stat., 397. Amended Feb. 27, 1877. 19
Stat. , 240. Sup. R. S., 1 ed., 279.
Use of library- SEC. 4. The use and occupancy of the Columbia engine-house shall
roomsºmºia not interfere with the possession and occupancy by the Columbia
in o- I G – º - g e * º g
º * * Fire Company of the library-rooms in said building.
sec.193, R.S.D. C. Ibid.
Members of fire SEC. 5. Members of the fire department are exempt from military
department ex- duty in time of peace.
empt from mili- * -
tary duty.
sec.194, R.S. D. C. Mar. 2,1837, 6 Stat.,687. 2 Mar., 1837, ch. 26, sec. 1, v. 6, p. 687.
Firemen's relief SEC. 6. Hereafter the Commissioners shall deduct one dollar each
fund. month from the pay of each 'fireman, which sum so deducted shall
Feb. 25, 1885. be kept as a firemen’s relief fund, and be invested in United States
23 Stat., 317. Or District bonds and held in manner provided in this act for the
2Sup. R. S., 477, police fund, and shall be used for the relief of any fireman who, by
injury received or disease contracted inline of duty, or having served
not less than fifteen years, shall become so permanently disabled ās
to be discharged from service therefor; and in case of his death from
* False alarms of fire, penalty for raising, act Leg. Assem., July 20, 1871, ch. 14, p. 15; see “Crimes
aud Offences.
\
Chapter xxii-FIRE DEPARTMENT AND SAFETY FROM FIRE 229
such injury or disease, leaving a widow or children under sixteen
years of age, for their relief: Provided further, That such relief shall
not exceed for any one fireman or his family the sum of fifty dollars
per month ; and a sum not exceeding seventy-five dollars may be
allowed from said fund to defray the funeral expenses óf any fire-
man dying in the service of the District.* -
SEC. 7. It shall be the duty of the owner or owners, in fee or for
life, of every building constructed and used, or intended to be used,
as a hotel, factory, manufactory, theater, tenement-house, semimary,
college, academy, hospital, asylum, hall, or place of amusement, and
of the trustee or trustees of every estate, association, society, college,
academy, School, hospital, or asylum Owning or using any building
fifty feet high or upwards, used for any of the purposes herein above
mentioned, to provide and caused to be erected and affixed to said
building iron fire-escapes and combined stand-pipes and ladders, or
either of said appliances as may be approved and adopted by the
Commissioners of the District of Columbia. !
\ -
SEC. 8. In all hotels, factories, manufactories, workshops, schools,
seminaries, Colleges, hospitals, asylums, halls, or places of amuse-
ment, or other places mentioned in this act, the hallways and stair-
Ways shall be properly lighted when occupied at night; and at the
head and foot of each flight of stairs, and at the intersection of all
hallways with main corridors, shall be kept during the night a red
light ; and one or more proper alarms or gongs, capable of being
heard throughout the building, shall always remain easy of access
and ready for use in each of said buildings, to give notice to the
inmates in case of fire; and there shall be kept posted in a conspicu-
ous place in every sleeping-room a notice descriptive of Such means
of escape ; and the building inspector and chief engineer of the fire
department shall have the right to designate the location of the said
fire-escapes and stand-pipes in conformity with this act, and shall
grant certificates of approval to every person, firm, corporation,
trustee, and board of school trustees complying with the require-
ments of this act, which certificates shall relieve the party or parties
from the liabilities of fines or damages imposed by this act.
SEC. 9. That every person, corporation, trustee, or board of School
directors neglecting or refusing to comply with the requirements of
the first section of this act, upon receiving thirty days' notice of
the same, shall be liable to a fine not exceeding one hundred dollars,
to be collected as fines are now by law collected ; and the building
inspector and chief engineer shall cause to be erected upon said
building said appliances as in their judgment may be necessary, and
the same shall be charged and held as a lien against said property
and collected the same as other improvements made by the District.
authorities; and in case of fire occurring in any such building not
provided with said appliances as may be required by the building
inspector and chief engineer of the fire department, and in accord-
ance with the requirements of the first section of this act, the person,
persons, trustee, trustees, corporation, or school directors who or
which neglected to provide such building with said appliances as
aforesaid shall be liable in an action for damages in case of death or
personal injury being caused in consequence of such fire breaking
Out in Said building ; and such action may be maintained by any
person or persons now authorized by law to sue, as in other cases for
injuries caused by neglect of duty.
SEC. 10. That all acts or parts of acts inconsistent with this act
are hereby repealed. - -
*Proviso.
Protection of
property from fire,
and safety of lives,
District of Colum- .
bia.
Hotels, etc.,
over 50 feet high
to provide fire es-
capes and stand-
pipes.
Jan. 26, 1887.
24 Stat., 365.
2 Sup. R. S., 520.
Hallways and
stairways to be
lighted.
Alarms.
Notices.
Ibid., Sec. 2.
Penalty for not
complying.
Liability for
neglect.
Ibid., sec. 3.
Repeal.
* This section repeals the provision relating to this subject, contained in the act of Congress July
5, 1884, 23 Stat., 128. * * * - -
Ibid.,sec.4.
230 CHAPTER xxiii-FRAUDS AND FRAUDULENT CONVEYANCEs.
CHAPTER TWENTY-THREE.
FRAUDS AND FRAUDULENT CONVEYANCES.
Sec. . d - Sec. . . . . * . . . -
1. Sales of personalty, possession re- 13. Fraudulent deeds made to avoid the
maining in Vendor, mortgagor Or ‘debts of others, shall be void; the
donor, are void, unless in writing penalties of the parties to such
- and recorded within twenty days. fraudulent assurances.
2. Proviso to preceding section; such 14. All fraudulent conveyances made to
Sales, etc., valid against vendor, avoid the debt or duty of others,
mortgagor, and donor. shall be void. .x
3. Contracts for sale of goods for £10 15. Forfeitures of parties to fraudulent
or more. when only good. - deeds; who shall have the forfeit-
4. Parol leases and interests of freehold ure and by what means.
shall have the force of estates at | 16. Proviso to previous sections. Estates
will only. made upon good consideration and
5. Leases not exceeding three years, bona fide.
when excepted from provisions of 17. Fraudulent conveyances made to de-
preceding section. ceive purchasers shall be void.
6. No leases or estates of freehold, etc., | 18. The penalty of the parties to fraudu-
or not copyhold, shall be granted, lent conveyances, who do avow
assigned, or surrendered by parol. the Same.
7. Promises and agreements by parol | 19. Conveyances made upon good con-
void, when, viz: executor, etc., to siderations and bona fide. -
answer damages out of his estate; 20. Lands first conveyed with condition
to pay debt, default or miscarriage of revocation or alteration and
of another; agreement upon con- after sold for money or other good
sideration of marriage; contracts | consideration. -
for sale of lands or any interest in 21. Proviso to preceding section. Mort-
them; agreements not to be per- gages bona fide not affected.
formed within one year. 22. Deeds of gift of goods and chattels to
8. Declarations or creations of trusts defraud creditors, shall be void.
affecting lands shall be in writ- || 23. Fraudulent assurances of lands or
ing. w goods to deceive creditors, shall be
9. Exception to preceding section in void. g .
cases of trusts arising, transferred 24, Debtor upon judgment, etc., taking
or extinguished by implication of up money of another upon a mort-
law. - gage without notice of the judg-
10. Assignment of trusts shall be in ment to the mortgagee, shall lose
writing. - his equity to redeem.
11. Lands, etc., shall be liable to the 25. Person mortgaging twice, without
- judgments, etc., of the cestwi que notice to second mortgagee, loses
trust and held free from the in- his equity. - &
Cumbrances of the person seized in 26. Proviso to preceding section, When
trust. Trusts shall be assets in the second mortgagee, etc., may re-
hands of heirs. deem prior mortgages.
12. Proviso to preceding section: No heir 27. Proviso to section preceding next
shall by reason thereof become above. Right of widow to dower
chargeable of his own estate. in mortgaged property, when.
Sales of person- SEC. 1. No goods or chattels, whereof the vendor, mortgagor or
*Y. Pºssession donor, shall remain in possession, shall pass, alter or change, or any
... property thereof be transferred to any purchaser, mortgagee or donee,
donor, . ºiá, unless, the same be by writing, and acknowledged before one pro-
unless in writing vincial justice, or one justice of the county where such seller, mort-
and recorded with- gagor or donor shall reside, and be within twenty days recorded in
**y days, the records of the same county.
Md. act 1729, ch. 8, sec. 5. 1 Dorsey, 73. 1 Kilty, 207. 8 Mackey Rep., 555, Sanders
4:s. Wilson; 2 Mackey Rep., 264, Terney vs. Corbett: 151 U. S. Rep., 608. Shauer vs.
Alterton; 68 Md. Rep., 299, Lincoln vs. Quinn.
Tºroviso to pre- SEC. 2. That nothing in this act shall extend, or be construed to
º extend, to make void any such sale, mortgage or gift, against such
"jid against º' Seller, mortgagor or donor, his executors, administrators or assigns
ador, mortgagor, only, or any claiming under him, her or them.
and donor.
Ibid., sec. 6, p. 73. 19 Wash. Law Rep., 215, Sanders vs. Wilson; ibid., 8 Mackey
IRep., 555. -
CHAPTER xxIII.-FRAUDS AND FRAUDULENT CONVEYANCES. 231
SEC. 3. No contract for the sale of any goods, wares and merchan- Contracts for
dizes, for the price of ten pounds sterling, or upwards, shall be sº of goods for
allowed to be good, except the buyer shall accept part of the goods £10 or more.
so sold, and actually receive the same, or give something in earnest 29 Car. II, ch. 3,
to bind the bargain, or in part of payment, or that some note or sº, 17. A. P.
memorandum in Writing of the said bargain be made and signed by 16* Brit.stat
the parties to be charged by such a contract, or their agent thereunto 51: "“”
lawfully authorized [$26.66%].
SEC. 4. All leases, estates, interests of freehold, or terms of years, . Parol leases and
or any uncertain interest of, in, or Out of any messuages, manors, i.e. º i.
lands, tenements or hereditaments made or created by livery and seisin i. toº. Of º
only, or by parol, and not put in writing, and signed by the parties tates at will only.
so making or creating the same, or their agents thereunto lawfully 29 Charles fi.
authorized by writing, shall have the force and effect of leases or ch", º, i).
estates at will only, and shall not either in law or equity be deemed ióñ6.
or taken to have any other or greater force or effect; any considera- . Alex. Brit. Stat.,
tion for making any such parol leases or estates, or any former law. *.
or usage to the contrary notwithstanding.
SEC. 5. Except nevertheless all leases not exceeding the term of . Exception to
three years from the making thereof, whereupon the rent reserved º Fº *.
to the landlord, during such term, shall, amount unto two third ot”.c.e.
parts at least of the full improved value of the thing demised. three years.
Ibid., sec. 2. Alex. Brit. Stat., p. 509. 95 U. S. Rep., 454, Williams vs. Morris;
45 Md. Rep., 181, Gittings vs. Bank.
SEC. 6. And moreover, that no leases, estates, or interests, either No leases or es-
of freehold, or terms of years, or any uncertain interest, not being tates of freehold
copyhold, or customary interest, of, in, to, or out of any messuages, tº 9. § 99py-
manors, lands, tenements, or hereditaments, shall at any time after º:
the said four and twentieth day of June, be assigned, granted or ... ed by
surrendered, unless it be by deed or note in writing, signed by the parol. * * *
party so assigning, granting or surrendering the same, or their Ibid 3
agents thereunto lawfully authorized by writing, or by act and opera- .jat.
tion of law. 509. s
SEC. 7. That from and after the said four and twentieth day of Promises and
June, no action shall be brought whereby to charge any executor or agreements by
administrator upon any special promise, to answer damages out of Parol.
his own estate ; (2) or whereby to charge the defendant upon any Ibid., sec. 4.
special promise to answer for the debt, default or miscarriages of Alex. Brit.Stat.,
another person ; (3) or to charge any person upon any agreement "9.
made upon consideration of marriage ; (4) or upon any contract or
sale of lands, tenements, or hereditaments, or any interest in or con-
cerning them ; (5) or upon any agreement that is not to be per-
formed within the space of one year from the making thereof; (6)
unless the agreement upon which such action shall be brought, or
some memorandum or note thereof shall be in Writing, and signed
by the party to be charged therewith, or some other person there-
unto by him lawfully authorized.
{)
()
SEC. 8. That from and after the said four and twentieth day of Declarations or
June, all declarations or creations of trusts and confidence, of any º of trusts
lands, tenements, or hereditaments, shall be manifested and proved i. De in writ-
by some writing signed by the party who is by law enabled to Tº-
declare such trust, or by his last will in writing, or else they shall be ſºlº. 3,
utterly void and of none effect. - ...Alex Britsa.
SEC. 9. Provided always, That where any conveyance shall be made Trusts arising,
of any lands or tenements by which a trust or confidence shall or transferred or ex-
232 CHAPTER XXIII.-FRAUDS AND FRAUDULENT CONVEYANCES.
Y.
tiguished by im- may arise or result by the implication or construction of law, or be
". * **, 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
Ibid., Sec. 8. and effect as the same would have been if this statute had not been
...Alex, Brit-Stat. made; any thing herein before contained to the contrary notwith-
51(). :-- ~
standing.
* ºf SEC. 10. That all grants and assignments of any trust or confidence,
trusts shall be in hall li & gº •+++ an o' cº own or lovr ** inn o' ran occº, or
writing Shall likewise be in writing, signed by the party granting or assign-
ing the same or by such last will or devise, or else shall likewise be
Ibid., sec. 9. utterly void and of none effect. .
Alex. Brit. Stat., 510.
Lands, etc., SEC. 11. That from and after the said four and twentieth day of
shall be liable to June, it shall and may be lawful for every sheriff, or other officer, to
º #. whom any writ or précept is or shall be directed, at the suit of any
.*.*.*, person or persons, of, for and upon any judgment, statute or recogni-
free from the in Zance hereafter to be made, or had, to do, make and deliver execution
cumbrances of the unto the party in that behalf suing, of all such lands, tenements,
pºison, seized tº rectories, tithes, rents and hereditaments, as any other person or
º persons be in any manner of wise seised or possessed, or hereafter
jani of heirs," shall be seised or possessed in trust for him against whom execution
g is so sued, like as the sheriff or other officer might or ought to have
*śat, done, if the said party against, whom execution hereafter shall be so
510, 511. sued, had been seised of such lands, tenements, rectories, tithes,
5 rents or other hereditaments of such estate as they be seised of in
trust for him at the time of the said execution sued, (2) which lands,
tenements, rectories, tithes, rents and other hereditaments, by force
and virtue of such execution, shall accordingly be held and enjoyed,
freed and discharged from all incumbrances of such person or persons
as shall be so seised or possessed, in trust for the person against whom
such execution shall be sued; (3) and if any cestuy que trust hereafter
shall die, leaving a trust in fee-simple to descend to his heir, there,
and in every such case, such trust shall be deemed and taken, and
is hereby declared to be assets by descent, and the heir shall be liable
to and chargeable with the obligation of his ancestors for and by
reason of such assets, as fully and amply as he might or ought to
have been, if the estate in law had descended to him in possession in
like manner as the trust descended; any law, custom or usage to the
contrary in any wise notwithstanding.
Proviso to pre- SEC. 12. Provided always, That no heir that shall become charge-
Yiºs sºliº: Nº able by reason of any estate or trust made assets in his hands by this
*** **, *Xiaw, shali by reason of kind of pl : confession of the acti
reason thereof be- 5 11 by reason or any King or plea, or confession of the action,
come chargeable or suffering judgment by mient dedire, or any other matter be charge-
of his own estate, able to pay the condemnation Out of his own estate ; (2) but execution
I.I.T shall be sued of the whole estate so made assets in his hands by
Ai. Brit. Stat., descent, in whose hands soever it shall come, after the writ purchased,
511. in the same manner as it is to be at and by the common law, where
the heir at law pleading a true plea, judgment is prayed against him
thereupon ; anything in this present act contained to the contrary
notwithstanding. -
Frau du le n t SEC. 13. For the avoiding and abolishing of feigned, covinous and ,
gº º, º fraudulent feoffments, gifts, grants, alienations, conveyances, bonds,
sº : suits, judgments and executions, as well of lands and tenements, as
Void, the penalties of goods and chattels, more commonly used and practised in these
of the parties to days, than hath been seen or heard of heretofore : (2) Which feoff-
such fraudulent ments, gifts, grants, aliemations, conveyances, bonds, suits, judg-
a SSUllºa, D.C62S. ments and executions, have been, and are devised and contrived of
13|Elizabeth, ch. malice, fraud, Covin, collusion or guile, to the end, purpose and intent,
5...sec. 1, A. D. to delay, hinder or defraud creditors and others of their just and law-
. 1570. ful actions, suits, debts, accounts, damages, penalties, forfeitures,
Chapter xxiii-FRAUDS AND FRAUDULENT CONVEYANCEs. 233.
heriots, mortuaries and reliefs, not only to the let or hindrance of Preamble to this
the due course and execution of law and justice, but also to the over- * ... Brit. St
throw of all true and plain dealing, bargaining and chevisance gºº" at...
between man and man, without the which no commonwealth or civil Kilty's Rep.,234.
society can be maintained or continued : * ',
SEC. 14. Be it therefore declared, ordaimed and emacted by the All fraudulent.
authority of this present Parliament, That all and every feoffment, c on vey ance s.
gift, grant, alienation, bargain and conveyance of lands, tenements, * to º *
heréditaments, goods and chattels, or any of them, or of any lease, ...” j .
rent, common or other profit or charge out of the same lands, tene- void. " *
ments, hereditaments, goods and chattels, Or any of them, by writing Ibid...sec.2
or otherwise; (2) and all and every bond, suit, judgment and execu. A. jrat
tion, at any time had or made sithence the beginning of the Queen's 378,379. " • 3 J
Majesty’s reign that now is, or at any time hereafter to be had or 1 MacArthur
made ; (3) to or for any intent or purpose before-declared and Rep. 389, Walter
expressed, shall be from henceforth deemed and taken (only as 'º';.
against that person or persons, his or their heirs, successors, execu- ºing; 3 Macle.
tors, administrators and assigns, and every of them, whose actions, Rep., 43, Edwards
suits, debts, accounts, damages, penalties, forfeitures, heriots, mor- ºr, Entwisle; 8.
tuaries and reliefs, by such guileful, covinous or fraudulent devices §º. Rep.
and practices, as aforesaid, are, shall, or might be in any wise ºea.” M.
disturbed, hindered, delayed or defrauded) to be clearly and utterly Rep. 83, Ferrai
Void, frustrate, and of none effect ; any pretence, colour, feigned vs. Farnen.
consideration, expressing of use, or any other matter or thing to the
contrary notwithstanding. -
SEC. 15. That all and every the parties to such feigned, covinous, Forfeiture of
or fraudulent feoffment, gift, grant, alienation, bargain, conveyance, parties to fraudu-
* e e - ... • & 4-l- > -- ~~ & sac, lent deeds; who.
bonds, suits, judgments, executions, and otherthings before expressed, i.i.e.
and being privy and knowing of the same, or any of them ; (2) fºur and ºv.
which at any time after the tenth day of June next coming, shall what means.
wittingly and willingly put in ure, avow, maintain, justify or defend ºil.
g - - - • 3 • *).
the same, or any of them, as true, simple, and dome, had or made Aijt. Stat.
bona fide, and upon good consideration; (3) or shall alien or assign 379. -- ~~~~. ,
any the lands, tenements, goods, leases, or other things before-men- Kilty's Rep. 284.
tioned, to him or them conveyed, as is aforesaid, or any part thereof, D se 837, R. S.,
(4) shall incur the penalty and forfeiture of one year’s value of the ‘’’ ‘’’
said lands, tenements and hereditaments, leases, rents, commons,
or other profits, of or out of the same : (5) and the whole value of
said goods and chattels; (6) and also so much money, as are or shall
be contained in any such covinous and feigned bond; (7) the one
moiety whereof to be to the queen’s majesty, her heirs and successors,
and the other moiety to the party or parties grieved by such feigned
and fraudulent feoffment, gift, grant, alienation, bargain, convey-
ance, bonds, suits, judgments, executions, leases, rents, commons,
profits, charges, and other things aforesaid, to be recover'd in any
of the Queen’s courts of record, by action of debt, bill, plaint or
information, wherein no essoin, protection, or wager of law shall be
admitted for the defendant or defendants; (8)' and also being thereof
lawfully convicted, shall suffer imprisonment for one half year with-
out bail or mainprise. -
SEC. 16. Provided also, and be it enacted by the authority afore- Proviso to pre
said That this act, or any thing therein contained, shall not extend Yous sections.
to any estate or interest in lands, tenements, hereditaments, leases, º º ...i
rents, commons, profits, goods or chattels, had, made, conveyed or j and bona
assured, or hereafter to be had, made, conveyed or assured; which fide. -
estate or interest, is or shall be upon good consideration and bona Trºja.g. T
fide, lawfully conveyed or assured to any person or persons, or bodies A. Bit stat,
politick or corporate, not having at the time of such conveyance or p. 380. **
234 CHAPTER XXIII. –FRAUDS AND FRAUDULENT CONVEYANCES.
jº, assurance to them made, any manner of notice or knowledge of such
Welde”. Scotten covin, fraud or collusion, as is aforesaid; anything before-mentioned
to the contrary hereof notwithstanding.
Fraudulent con- SEC. 17. That all and every conveyance, grant, charge, lease,
Yeyances made to estate, incumbrance, and limitation of use or uses, of, in, or out of
**, * any lands, tenements, or other hereditaments whatsoever, had or
•ers, shall be void. * > *. 2 tº tº gº * 3
made any time heretofore sithence the beginning of the Queen’s.
*ºliºpeº, º Majesty's reign that now is, or at any time hereafter to be had or
#sº * A. P. made, for the intent and of purpose to defraud and deceive such
|Aies. Brit. Stat., person or persons, bodies politick or corporate, as have purchased,
414. or shall afterwards purchase in fee-simple, fee-tail, for life, lives or
Kilty's Rep.,285. years, the same lands, tenements and hereditaments, or any part or
2s; *...*. parcel, thereof. So, formerly conveyed, granted, leased, charged,
Robinson. incumbred or limited in use, (3) or to defraud and deceive such as
s have or shall purchase any rent, profit or commodity in or out of
the same, or any part thereof, (4) shall be deemed and taken only as
against that person and persons, bodies politick and corporate, his
and their heirs, successors, executors, administrators and assigns,
and against all and every other person and persons lawfully having
or claiming by, from or under them, or any of them which have
purchased, or shall hereafter SO purchase for money, or other good
consideration, the same lands, tenements or hereditaments, or any
part or parcel thereof, or any rent, profit or commodity in or out of
the same, to be utterly void, frustrate, and of nome effect; (5) any
pretence, colour, fained consideration, or expressing of any use or
uses to the contrary notwithstanding.
The penalty of - • ‘Vr *4 ..l., 4 ºn 3 * Ovri *
the parties to SEC. 18. That all and every the parties to such fained, covinous
Hºudient on and fraudulent gifts, grants, leases, charges or conveyances before
veyances, who do expressed, or being privy and knowing of the same or any of them,
avow the same, which after the twentieth day of April next coming, shall wittingly
Ibid., sec. 3. and willingly put in ure, avow, maintain, justify or defend the same,
Alex. Brit. Stat., Or any of them, as true, simple, and done, had or made, bona fide, or
414,415. upon good consideration, to the disturbance or hindrance of the said
purchaser or purchasers, lessees or grantees, or of or to the disturb-
ance or hindrance of their heirs and successors, executors, adminis-
trators, or assigns, or such as have or shall lawfully claim anything
by, from or under them, or any of them, shall incur the penalty and
forfeiture of one year's value of the said lands, tenements and heredi-
taments so purchased or charged; (2) the one moiety whereof to the
Queen’s Majesty, her heirs and successors, and the other moiety to
the party or parties grieved by such fained and fraudulent gift,
grant, lease, conveyance, incumbrance, or limitation of use, to be
recovered in any of the Queen’s courts of record, by action of debt,
bill, plaint or information, wherein no eSSoin, protection or wager
of law shall be admitted for the defendant Or defendants; (3) and
also being thereof lawfully convicted, shall suffer imprisonment for
One half year, without bail or mainprize. (see sec. 377 R. S. D. C. -
º º SEC, 19. Provided also. That this act, or any thing therein con-
consideratiºns tained, shall not extend or be construed to impeach, defeat, make
and bona fide. Void or frustrate any conveyance, assignment of lease, assurance,
Ibid., sec. 4. grant, charge, lease, estate, interest, or limitation of use or uses, of,
Alex Britsiat... in, to or Out of any lands, tenements or hereditaments heretofore at
415, 416. any time had or made, or hereafter to be had or made, upon, or for
Kilty's Rep. 285, good consideration and boma fide, to any person or persons, bodies
politick or corporate; any thing before-mentioned to the contrary
hereof notwithstanding.
lº * con- SEC. 20. That if any person or persons have heretofore sithence
*** * * the beginning of the Queen's Majesty's reign flat now is, made, or
CHAPTER xxIII.-FRAUDS AND FRAUDULENT CONVEYANCES. 235
tº
hereafter shall make any conveyance, gift, grant, demise, charge,
limitation of use or uses, or assurance of, in, or out of any lands,
tenements or hereditaments, with any clause, provision, article or
condition of revocation, determination or alteration, at his or their
will or pleasure, of such conveyance, assurance, grants, limitations
of uses or estates of, in or Out of the said lands, tenements or hered-
itaments, or of, in or Out of any part or parcel of them, contained
Or mentioned in any writing, deed or indenture of such assurance,
conveyance, grant or gift; (2) and after such conveyance, grant,
gift, demise, charge, limitation of uses, or assurance so made or had,
shall or do bargain, Sell, demise, grant, convey or charge the same
lands, tenements or hereditaments, or any part or parcel thereof, to
any person Or persons, bodies politick and corporate, for money or
Other good consideration paid or given (the said first conveyance,
assurance, gift, grant, demise, charge or limitation, not by him or
them revoked, made void or altered, according to the power and
authority reserved or expressed unto him or them, in, and by the
said Secret conveyance, assurance, gift or grant,) (3) That then the
said former conveyance, assurance, gift, demise and grant, as touch-
ing the said lands, tenements, and hereditaments, so after bargained,
Sold, conveyed, demised or charged against the said bargainees,
vendees, lessees, grantees, and every of them, their heirs, suc-
cessors, executors, administrators and assigns, and against all and
every person and persons which have, shall, or may lawfully claim
any thing, by, from, or under them, or any of them, shall be deemed,
taken, and adjudged to be void, frustrate, and of none effect, by
virtue and force of this present act.
SEC. 21. Provided mevertheless, That no lawful mortgage made,
Or to be made bona fide, and without fraud or covin, upon good con-
sideration, shall be impeached or impaired by force of this act, but
shall stand in the like force and effect as the same should have done
if this act had never been had nor made; any thing in this act to
the contrary in any wise notwithstanding.
SEC. 22. That where oftentimes deeds of gift of goods and chattels
have been made, to the intent to defraud their creditors of their
duties, and that the person or persons that maketh the said deed of
gift goeth to Sanctuary, or other places privileged, and occupieth
and liveth with the said goods and chattels, their creditors being
unpaid : (2) It is Ordained, enacted, and established by the assent of
the Lords spiritual and temporal, and at the request of the commons
in the said Parliament assembled, and by authority of the same,
That all deeds of gift of goods and chattels made or to be made of
trust, to the use of that person or persons that made the same deed
of gift, be void and of none effect. -
SEC. 23. Because that divers people inherit of divers tenements,
borrowing divers goods in money or in merchandise of divers peo-
le of this realm, do give their tenements and chattels to their friends,
y collusion thereof to have the profits at their will, and after do fleeto
the franchise of Westmiminster, of St. Martin le Grand of London,
or other such privileged places, and there do live a great time with
an high countenance of another man’s goods, and profits of the said
tenements and chattels, till the said creditors shall be bound to take
a small parcel of their debt, and release the remnant ; (2) it is
ordained and assented, that if it be found that such gifts be so made
by collusion, that the said creditors shall have execution of the said
tenements and chattels, as if no such gift had been made.
SEC. 24. That if any person or persons, from and after the first
day of May which shall be in the year of our Lord one thousand
dition of revoca-
tion for alteration
and after sold for
money, or other
good consider-
ation.
Ibid., sec. 5.
Alex. Brit. Stat.,
415,416.
Proviso to pre-
ceding section :
Mortgages b on a
fide not affected.
Ibid., sec. 6.
Alex. Brit. Stat.,
416.
All deeds of gift
made to defraud
creditors shall be
void.
3 Henry VII,
ch. 4, A. D. 1486.
Alex. Brit. Stat.,
255.
Rilty's Rep., 228.
Fraudulent as-
surances of lands
or goods to deceive
creditors, shall be
void.
50 Edward III,
ch. 6, A. D. 1376.
Alex. Brit. Stat.,
180.
Kilty's Rep., 44.
Debt or up on
judgment, etc.,
236 CHAPTER xxIII.-FRAUDS AND FRAUDULENT CONVEYANCES.
taking up money
of another upon a
mortgage without
notice of the judg-
ment to the mort-
gagee, shall lose
his equity to re-
deem.
4 and 5, William
and Mary, ch. 16,
Sec. 2, A. D., 1692.
Alex. Brit. Stat.,
578, 579.
Kilty’s Rep.,242.
Person mortgag-
ing twice without
notice to second
mortgagee, loses
his equity.
Ibid., Sec. 3.
Alex. Brit. Stat.,
579.
Kilty's Rep., 242.
six hundred ninety and three, shall borrow any money, or for any
other valuable consideration, for the payment thereof, voluntarily
give, acknowledge, permit, or suffer to be entered, against him or
them, one or more judgment Or judgments, statute or statutes, recog-
nizance or recognizances, to any person or persons, creditor or
creditors; and if the said borrower or borrowers, debtor or debtors,
shall afterwards take up or borrow any other sum or sums of money
of any other person or persons, or for other valuable consideration
become indebted to such person or persons, and for Securing the
repayment and discharge thereof, shall mortgage his, her, or their
lands or tenements, or any part thereof, to the said second or other
lender or lenders of the said money, creditor or creditors, or to any
other person or persons in trust for, or to the use of, such second or
other lender or lenders, creditor or creditors, and shall not give
notice to the said mortgagee or mortgagees of the said judgment Or
judgments, statute or statutes, recognizance or recognizances, in
writing under his, her, or their hand or hands, before the execution
of the said mortgage or mortgages, unless such mortgager or mort-
gagers, his, her, or their heirs, upon notice to him, her. Or them,
given by the mortgagee or mortgagees of the said lands and tene-
ments, his, her, or their heirs, executors, administi'ators, or assigns,
in writing under his, her, or their hands and seals, attested by two
or more sufficient witnesses of any such former judgment or judg-
ments, statute or statutes, recognizance or recognizances, shall within
six months pay off and discharge the said judgment or judgments,
statute or statutes, recognizance or recognizances, and all interest
and charges due thereupon, and cause or procure the same to be
vacated or discharged by record, that then the mortgager or mort-
gagers of the said lands and tenements, his, her, or their heirs,
executors, administrators, or assigns, shall have no benefit or remedy
against the said mortgagee or mortgagees, his, her, or their heirs,
executors, administrators, or assigns, or any of them, in equity or
elsewhere, for redemption of the said lands and tenements, or any part
thereof; but the said mortgagee or mortgagees his, her, or their
heirs, executors, administrators and assigns, shall and may hold
and enjoy the said lands and tenements for such estate and term
therein, as were or was granted and settled to the said mortgagee Or
mortgagees against the said mortgager or mortgagers, and all per-
son and persons lawfully claiming from, by, or under him, her, or
them, freed from equity or redemption, and as fully to all intents
and purposes whatsoever, as if the same had been purchased abso-
lutely and without any power or liberty of redemption.
SEC. 25. That if any person or persons, who have or hath once
mortgaged, or from and after the said first day of May shall mort-
gage, any lands or tenements to any person or persons, for Security
of money lent, or otherwise accrued or become due, or for other
valuable considerations; and if the said mortgager or mortgagers
shall again mortgage the same lands or tenements, or any part
thereof, to any other person or persons for valuable considerations
(the said former mortgage being in force and not discharged) and
shall not discover to the said second or other mortagee or mortgagees,
or some or one of them, the former mortgage or mortgages in writ-
ing under his or their hands; thät then and in those cases also, the
said mortgager or mortgagers, his, her, or their heirs, executors,
administrators, or assigns, shall have no relief or equity of redemp-
tion against the said second or after mortgagee or mortgagees, his,
her, or their heirs, executors, administrators, or assigns, upon the
said after mortgage or mortgages, but that such mortgagee Or mort-
gagees, his, her, or their heirs, executors, administrators, and
assigns, shall and may hold and enjoy such more than Once mort-
gaged lands, and tenements, for such estate and term therein, as .
CHAPTER XXIV.-GAME AND FISH. | 237
wore or was granted and conveyed by the Said mortgager or mort-
gagers, against him, her, or them, his, her, or their heirs, executors,
OT: administrators respectively, freed from equity of redemption, and
as fully to all intents and purposes, as if the same had been an abso-
lute purchase, and without any power or liberty of redemption.
SEC. 26. Provided always, and be , it further enacted by the Proviso to pre-
awthority aforesaid, That nevertheless if it so happen there be more vious section :
than one mortgage at the same time made, by any person or persons Yºº see.9%d
to any person or persons, of the same lands and tenements, the º, #
Several late or under mortgagees, his, her, or their heirs, executors, mortgages." |
administrators, or assigns, shall have power to redeem any former .*.*
mortgage or mortgages, upon payment of the principal debt, interest, .# sat
and costs of suit, to the prior mortgagee or mortgagees, his, her, or 575. "“”
their heirs, executors, administrators, or assigns; any thing therein
contained to the contrary thereof in any wise notwithstanding. |
SEC. 27. Provided always, That nothing in this act contained shall 'roviso to pre-
be construed, deemed, or extended to bar any widow of any mort- º :
gager of lands or tenements from her dower and right in Or to the . º
said lands, who did not legally join with her husband in such mort- gaged property;
gage, or otherwise lawfully bar or exclude her self from such her when.
ãower or right.* - - Ibid., sec. 5;
Alex Brit. Stat., 580. 6 Mackey Rep., 536, Thompson's estate : 12 Peters Rep., 201,
Stelle vs. Carroll. -
* For statute of 3 and 4 William and Mary'ch. 14, on fraudulent devices; see “Wills "post.
CHAPTER TWENTY-FOUR.
GAME AND FISH.
Sec.; Sec. • -
1. Game, season for. Quail, penalty for 15. Trespassing on another's lands in
killing or possessing, when. hunting, penalty for, when.
2. Same subject, pheasants; penalty | 16. Notice to , trespassers, how made.
for killing, etc., when. Penalty for destroying notices.
3. Same subject, woodcock; penalty for 17. Sunday shooting or carrying of guns,
killing, etc., when. etc., penalty, when.
4. Same subject, prairie chicken; pen- | 18. Repeal of all inconsistent acts.
alty for killing, etc., when. 19. Fish-netting season, when.
5. Same subject, snipe; penalty for 20. “Closed season * in fishing Season,
killing, etc., when. what required in certain cases.
6. Same subject, ducks and wild geese; 21. Black bass or salmon, to be caught
penalty for killing, etc., when. with hook only.
7. Same subject, rail, reed birds; pen- 22. Shad or herring, when can be caught.
alty for killing, etc., when. 23. Penalty, etc., for violating provisions
8. Same subject, venison; penalty for of preceding four sections.
selling or possessing, when. 24. Use of nets, etc., in waters of Poto-
9. Same subject, certain birds; penalty mac, prohibited.
for killing, etc., when. 25. Proviso to preceding section for out-
10. Same subject, robbing wild birds' lines and U. S. Fish Commissioner.
nests, penalty, when. Penalty for violation of provision, •
11. Same subject, trapping, etc., wild where cognizable.
birds, etc., penalty, when. 26. Tar, oil or other waste product not
12. Same subject, killing wild ducks, to be deposited or allowed to flow
penalty for, when. into Potomac, or its tributaries.
13. Same subject, killing birds or wild Penalty for violation of this sec-
fowl at night, penalty, when. tion.
14. Killing birds for scientific purposes, - :

proof required.
PROTECTION OF GAME.
SEC. 1. No person shall kill or expose for sale, or have in either his Game-season
or her possession, either dead or alive, any partridge otherwise quail, º i}
llali.
238.
CHAPTER XXIV. —GAME AND FISH.
June 15, 1878.
20 Stat., 134.
Sup. R.S., 353.
Pheasant.
Ibid., sec. 2.
Woodcock.
Ibid., sec. 3.
f
Prairie-chicken.
Ibid., sec. 4.
Snipe.
Ibid., sec. 5.
Du c k s, wild
geese.
Ibid., sec. 6.
Rails, ree d -
birds.
Ibid., sec. 7.
Venison.
Ibid., sec. 8.
between the first day Óf February and the first day of November,
tunder a penalty of five dollars for each bird so killed or in posses-
sion.* -
SEC. 2. No person shall kill or expose for sale, or have in his or her
possession, either dead or alive, any pheasant, otherwise ruffed
grouse, between the first day of February and the first day of August,
under a penalty of five dollars for each bird so killed or in possession.
SEC. 3. No person shall kill or expose for sale, or have in his or
her possession, either dead or alive, any woodcock, between the first
day of February and the first day of July, under a penalty of five
dollars for each bird so killed or in possession. -
SEC. 4. No person shall kill or expose for sale, or have in his or
her possession, either dead or alive, any prairie-chicken, otherwise
pinnated grouse, between the first day of February and the first day
of September under a penalty of five dollars for each bird so killed
Or in possession.
SEC. 5. No person shall kill or expose for sale, or have in his or her
possession, either dead or alive, any Snipe, or plover, between the
first day of May and the first day of September, under a penalty of
five dollars for each bird so killed Or in possession.
SEC. 6. No person shall kill or expose for sale, or have in his or her
possession, either dead or alive, any wild duck, wild goose, or wild
brandt, between the first day of April and the first day of Septem-
ber, under a penalty of five dollars for each bird so killed or in posses-
SIOll.
SEC. 7. No person shall kill or expose for sale, or have in his or
her possession, either dead or alive, any water-rail, or Ortolan, or
reed-bird, or rice-bird, between the first day of February and the
first day of September, under a penalty of two dollars for each bird
so killed or in possession.
SEC. 8. No person shall expose for Sale or have in his or her pos-
session, any deer-meat, or venison, between the first day of January
and the fifteenth day of August, under a penalty of twenty cents for
each and every pound of deer-meat SO exposed for sale or had in pos-
session.
SEC. 9. No person shall kill or expose for sale, or have in his or
her posession, dead, at any time any turkey-buzzard, Wren, Sparrow,
blue-bird, humming-bird, blue jay, robin or migratory thrush, wood
or song robin, martin, mocking-bird, Swallow, Oriole, red or car-
dinal bird, cat-bird, pewit, whip-poor-will, gold-finch, sap-sucker,
hanging-bird, wood-pecker, crow black bird, Or any other insectiv-
orous bird, save as herein provided, under a penalty of two dol-
lars for each bird killed or in possession dead.
Birds not to be
killed. -
Ibid., sec. 9.
*Unwholesome birds, fish, etc. See Health Ordinance, Sup. R. S., 2 ed., p. 308. Sec. 8.
Unlawful to fish or hunt with dogs in county on Sunday under penalty of $5 fine. See Levy Court
Ord. May 11, 1863, p. 5, sec. 6. - e e
SEC. 1. It shall not be lawful to sell or offer for sale, or to buy eggs of any of the Species ºf birds,
viz: the pheasant, partridge or quail species, any bird'or birds of the woodcock species; any bird, or
birds of the lark or robin species; any bird or birds of the water rail, sora, ortolan QF marsh-pullet
species. And it shall not be lawful to kill, sell, or offer for sale, or buy any animal of the hare or Wild
rabbit species between the first day of February and the fourth day of july in each year: Pºvided,
That nothing in this law shall be so construed as to prohibit any person or persons from selling or
offering for sale within the city (of Washington) any bird or animal of the kind above described, to
be kept in cages, aviaries, or otherwise for preservation, or as objects of curiosity or amusement.
SEC. 2. Any person offending against the provisions of this law shall forfeit and pay a sum ef nºt
less than one dollar nor more than three dollars for each and every offense. Webb’s Digest, p. 179.
Feb. 6, 1840, Corporation Ordinance of city of Washington.
CHAPTER xxiv.–GAME AND FISH.
239.
SEC. 10. No person shall rob the nest of any wild bird of eggs or
young, or destroy such nest, unless in the necessary prosecution of
farming business, under a penalty of two dollars for each egg or bird
85 5 sº g 8->
so taken, and under a penalty of five dollars for each nest destroyed.
SEC. 11. No person shall trap, net, or ensnare any wild bird or
water-fowl, or have in possession any trap, net, or snare, with the
intent to capture or kill any wild bird or water-fowl, under a penalty
of five dollars for every bird or water-fowl so trapped, netted, or
ensnared, and under a further penalty of twenty dollars for having
in possession any such met, trap, or Snare ; and such net, trap or
snare shall be forfeited and destroyed.
SEC. 12. No person shall at any time kill or shoot at any wild
duck, wild goose, or wild brandt with any other gun than such as
are habitually raised at arm’s length and fired from the shoulder,
under a penalty of five dollars for each and every wild fowl killed,
and under the further penalty of twenty-five dollars for firing such
gun at any wild fowl as aforesaid, or having said gun in possession.
SEC. 13. No person shall kill or shoot at any bird or wild fowl in
the might-time, under a penalty of twenty-five dollars for every bird
or wild fowlso killed, and under the further penalty of ten dollars
for shooting at any bird or wild fowl in the night-time as aforesaid.
SEC. 14. Persons in killing birds for scientific purposes, or in pos-
session of them for breeding, shall, be exempt from the Operations of
this act by proving affirmatively such purposes; and the possession
shall in all cases be presumptive evidence of unlawful purpose.
SEC. 15. Any person who shall knowingly trespass on the lands of
another for the purpose of shooting or hunting thereon, after due
notice, or notice as provided for in the following section, by the
owner or occupant of lands, shall be liable to such owner or occu-
pant in exemplary damages to an amount not exceeding one hundred
dollars, and shall also be liable to a fine of ten dollars for each and
every trespass so committed. The possession of implements of
shooting on such lands shall be presumative evidence of the trespass.
SEC. 16. The notice referred to in the preceding section shall be
given by erecting and maintaining sign-boards at least eight by
twelve inches in dimension, on the borders of the premises, and at
least two such signs for every fifty acres; and any person who shall
maliciously tear down or in any manner deface or injure any of such
sign-boards shall be liable to a penalty of not less than five dollars
nor more than twenty-five dollars for each and every sign-board so
torn down, defaced or injured. -
SEC. 17. There shall be no shooting, or having in possession in the
open air the implements for shooting, on the first day of the week,
called Sunday ; and any persons violating the provisions of this
section shall be liable to a penalty of not more than twenty-five dol-
lars nor less than ten dollars for each offense.
SEC. 18. All acts or parts of acts now in force in the District of
Columbia, inconsistent with the provisions of this act be, and the
same are hereby, repealed. §
PROTECTION OF THE POTOMAC FISHERIES.
SEC. 19. It shall not be lawful to fish with fyke-net, pound-net
stake-net, weir, float-net, gill-net, haul-Seine, or any other contriv-
ance stationary or floating, in the waters of the Potomac River
Robbing, etc.,
wild birds' nests.
Tbid., sec. 10.
rapping wild.
birds.
Ibid., SeC. T1.
Killing wild.
ducks, etc., with.
Certain guns.
Ibid., sec. 12.
Killing birds at
night.
Ibid., sec. 13.
Rilling birds for
Scientific purposes.
Ibid., sec. 14.
Trespassing on
another's lands in
hunting.
Ibid., sec. 15.
Notice to tres-
passers.
Destroying no-
U1CéS.
Ibid., sec. 16.
Shooting or car-
rying gun. On Sun-
day.
Ibid., sec. 17.
Repeals.
Ibid., sec. is. ---
Fish n e t t in g.
SeaSOI].
Apr. 6, 1880.
240 CHAPTER xxiv.–GAME AND FISH.
3: Statº [1..., within the District of Columbia, after the thirtieth day of May in
*Sup, R.S.,979 any year. (see sec. 24, post.
Sunday, etc., SEC. 20. During the fishing season, namely, from the first day of
‘closed season. January to the thirtieth day of May in every year, there shall be
Ibid., sec. 2. observed in each Week, a closed Season, beginning at Sundown on
Saturday evening, and ending at midnight on Sunday night during
which time it shall be unlawful to lay out any haul seine or float
net or to fish the same, and all stake-nets, and the leaders of all
hedges or pounds, fyke-nets and weirs shall be lifted clear of the
water so as to allow unobstructed passage to the fish-: Provided,
That in the case of weirs it will be sufficient to remove a section of
the hedging next the pound or pen, not less than twelve feetin length.
Black bass and SEC. 21. It shall be unlawful for any person to take, in any other
salmOn. manner than by angling, or with the out line, any fish of the species
Ibid., sec. 3. known as “black bass” or “Salmon’. -
Shad and her- SEC. 22. It shall be unlawful for any person to have in possession
ring. or expose for sale in the District of Columbia, after the tenth day of
ibid., sec. 4, June in any year, fish of the shad or herring species (fresh) under a
* penalty of five dollars for every fish so exposed or found in possession.
JPenalty. SEC. 23. Any person, who shall offend against any of the provisions
Angling, etc., of this act, shall be deemed guilty of a misdemeanor and upon suffi-
permitted. cient proof thereof in the Pólice Court or other Court of the District
Ibid., sec. 5. shall be fined not less than ten nor more than one hundred dollars for
each offense and shall forfeit to the District his nets, boats and other
apparatus, which shall be sold and the proceeds of such sales and all
fines accruing under this act shall be paid into the Treasury, and
therefrom, to the informer, in each case where conviction ensues,
shall be paid the sum of ten dollars : Provided, That nothing in this
act shall be construed to prohibit angling or fishing with the outline,
or to prevent the Commissioner of Fish and Fisheries, or his agents,
from taking from the waters named, in any manner desired, fish of
any kind for Scientific purposes or for the purposes of propagation.
Protection of fish SEC. 24. From and after date of passage of this act, for a term of
in District of Co- five years, it shall not be lawful to fish with fyke-net, pound-net,
luº, nets and stake-net, Weir, float-net, gill-net, haul-Seine, or any other contrivance,
oth.jstationary or floating, in the waters of the Potomac River within the
in waters of Poto. District of Columbia. (See sec. 19, ante.]
mac unlawful.
Mar. 2, 1885; 2 Su. R. S., 480. 23 Stat., 340, sec. 1.
Any ºffense SEC. 25. Any person who shall offend against any of the provisions
. º * * of this act shall be deemed guilty of a misdemeanor, and upon suffi-
* cient proof thereof in the police court or other court of the District
Punishment of Columbia, shall be punished by a fine of not less than ten dollars
Proceeds offines nor more than one hundred dollars for each and every such offense
and seizures tº be and shall forfeit to the District his nets, boats, and all other apparatus
gº.º.º" and appliances used in violation of law, which shall be sold and the
States Treasury. tº gº
- proceeds of such sales, and,all fines accruing under this act, shall be
Proviso. paid into the Treasury: Provided, That nothing in this act shall be
Angling, and construed to prohibit angling or fishing with the outline Or to prevent
taking º fish * the United States Commissioner of Fish and Fisheries, or his agents,
Pºš..." from taking from said waters of the Potomac River in the District
scientific purposes a 5 * * º - tº * º
excepted. of Columbia, in any manner desired, fish of any kind for Scientific
Ibid 2 purposes or for the purposes of propagation. ſº
D101. , SeC. 23.
Depositing, or SEC. 26. From and after three months from the date of the passage
allowing flow of of this act it shall be unlawful to allow any tar, oil, ammoniacal liquor
CHAPTER XXV.-GAMBLING. * - 241
or other waste products of any gas-works or of works engaged in using tar, oil, or other
such products or any waste product whatever of any mechanical, rºº
chemical, manufacturing or refining establishment to flow into or be jº
deposited in Rock Creek or the Potomac River or any of its tributaries the District of Co-
within the District of Columbia or into any pipe or conduit leading lumbia, a misde-
to the same ; and any one guilty of violating this section shall on meanor.
conviction as provided in Section two of this act, be fined not less Punishment.
than ten dollars nor more than one hundred dollars for each and -
every day during which said violation shall continue, to be prosecuted "sºº". 40
for and recovered as provided in the preceding section. sec. 3. ' 3.
CHAPTER TWENTY-FIVE.
GAMIBLING,
Sec. Sec.
1. Keeping gaming table, etc., or induc- Void. If such mortgage shall en-
* ing betting thereon, penalty for. Cumber any land, etc., they shall
2. Permitting gaming table, etc., to be devolve to the person entitled to
set up or used on premises, pen- them in case grantor had been
alty for. dead. All conveyances to the con-
3. Confidence game, three-card monte, trary to be void.
etc., penalty for. | 13. The loser of £10 at cards, etc., may
4. Definition of term gambling table. Sue for the money within three
5. Repeal. months; if he neglect any person
6. Pool selling and other gambling un- may sue and recover treble value.
lawful. 14. Winner of money shall make discov-
7. Penalty for certain offenses. eries. -
8. Letting house for gambling purposes, 15. After discovery and repayment, de-
penalty for. fendant discharged from further
9. Who shall be deemed keeper of gam- liability.
bling house. 16. Any person winning by fraud, etc.,
10. Deceits and fraud in gaming, penalty over £10 at one sitting shall forfeit
for; how sued for and recovered. five times the value.
11. Certain gaming Contracts Void; the 17. Any person assaulting, etc., on ac-
penalty, how recovered. count of money won at play to be
12. All notes, mortgages, etc., when the imprisoned two years.
consideration is for money won by | 18. When equity will grant relief for
gaming or for repayment of money money won at gaming.
lent at such gaming, etc., shall be
SEC. 1. Every person who shall in the District of Columbia, set up Penalty for
or keep any gaming table, or any house, vessel, or place on land or keeping gaming
water for the purpose of gaming, or gambling device commonly i. *. *i.
called A. B. C., faro-bank, E. O., roulette, equality, keno, thimbles . §
or “little joker,” or any kind of gambling table or gambling device, &
adapted, devised, and designed for the purpose of playing any game §§: º
of chance for money or property, or who shall induce, entice or per- 2sup R.S.,396
mit any person to bet or play at or upon any such gaming table or sec, i. 3 * ~ * x
gambling device, or on the side or against the keeper thereof, shall,
on conviction, be adjudged guilty of misdemeanor, and shall be pun-
ished by imprisonment for a term not more than five years.”
SEC. 2. Every person who shall, in the District of Columbia, Know- Penalty for per-
ingly permit any gaming table, bank, or device to be set up or used, tººk gº
for the purpose of gaming in any house, building, vessel, shed, booth, j, ..."is. .
shelter, lot or other premises to him belonging, or by him. Occupied, premises.
or of which he hath at the time the possession or control, shall, on Ibid 2
conviction, be adjudged guilty of misdemeanor, and punished by , º Rep
imprisonment for not more than one year, and by fine not exceeding 430, U.S. is. Hèr'
five hundred dollars. ZOg.
* Book-making and pool-selling, how punished. 26 Stat., 824, 2 Sup. R. S., 900.
16 C S
242 CHAPTER xxv.–GAMBLING.
Penalty for con- SEC. 3. Every person who shall, in the District of Columbia, deal,
fidence game • *-vº, aq-, tº inn . fe als
...a... play or practice, or be in any manner accessory tº the dealing, jº.
etc. 'ing or practicing of the confidence game or Swindle known as three-
& card monte or of any such game, play, or practice, or any other
Ibid.,, Sec. 3. confidence game, play or practice, shall be deemed guilty of a mis-
demeanor, and, upon conviction thereof, shall be punished by a fine
not exceeding one thousand dollars, and by º at hard
labor, in the jail of the District. not more than five years.”
Definition of SEC. 4. All games, devices, or contrivances at which money or any
term gaming other thing shall be bet or wagered shall be deemed a gaming table
table. Within the meaning of this act ; and the courts shall construe the
Jbid., Sec. 4. preceding sections liberally, so as to prevent the mischief intended
to be guarded against. -
Repeal. SEC. 5. All laws inconsistent with this act are hereby repealed.
Ibid., Sec. 5. *
Pool selling and SEC. 6. It shall be unlawful for any person or persons, or asso-
other gambling ciation or persons, in the cities of Washington and Georgetown, in
}. the District of Columbia, to bet, gamble, or make books and pools
town, D.C. * on the result of any trotting race or running race of horses, or boat
Apr. 26, 1888 race, or race of any kind, or on any election, or contest of any kind,
§§.1, or game of baseball.
2 Sup. R.S.,900. . . . . . . .
Punishment. SEC. 7. Any person or persons, or association of persons, violatin
to the provisions of this act, shall be fined not exceeding five hundre
Ibid., sec. 2. nor less than twenty-five dollars, or be imprisoned not more than
ninety days, or both, at the discretion of the court.
Penalty for let- SEC. 8. If any person or persons shall let any house, room, or
ting hºuse for rooms, or suite of apartments in the District of Columbia, knowing
gºblins P** that the same are to be used for gambling purposes, he, she, or they
poses. shall be deemed guilty of a misdemeanor, and upon conviction thereof
Leg, Assem; , shall be fined not less than five hundred nor more than two thou-
ſº." º, * sand dollars, or imprisonment not less than thirty days, or more than
, SeC. J., p. 10. six months, or both, in the discretion of the court.
Who shall be SEC. 9. Any person who shall at any time hereafter appear, act,
deemed keeper of or behave him or herself as master or mistress, or as the person
** having the care, government, or management of any gaming house,
Ibid., Sec. 2. shall be deemed and taken to be the keeper thereof, and shall be
liable to be prosecuted and punished as such, notwithstanding he or
she shall not in fact be the real owner or keeper thereof.
Dece its and SEC. 10. If any person or persons do, or shall by any fraud, shift,
fraud in º: ; cousenage, circumvention, deceit, or unlawful device, or ill practice
*:::::::... whatsoever, in playing at or with cards, dice, tables, tennis, bowls,
recovered. kittles, shovel-board ; or in or by cock-fightings, horse-races, dog-
matches, or foot-races, or other pastimes, game or games whatsoever,
or in, or by bearing a share, or part of the stakes, Wagers, or adven-
16 Charles II
ch. 7, Sec. 2, A. D
1664. tures, or in, or by betting on the sides or hands of such as do, or
Alex. Brit. Stat., shall play, act, ride or run, as aforesaid, win, obtain, or acquire to
476 him or themselves, or to any other or others, any sum or sums of
Kilty's Rep.2% money, or other valuable thing orthings whatsoever, that then every
4 Cranch, Ct. & g e to forfeit
... person and persons so offending, as aforesaid, shall ipso facto forfei
Rep., 426, Fleming **b 2 5 :- tº
vs. Foy. and lose treble the sum or value of money, or other thing or things
so won, gained, obtained or acquired; the one moiety thereof to Our
sovereign lord the King, his heirs and successors; and the other
moiety thereof unto the person or persons grieved, or who shall lose
the money, or other thing or things so gained ; SO as every such
*The confidence game punished as larceny. MacArthur and M. Rep., 375, U.S. vs. Murphy.
CHAPTER xxv.–GAMBLING. 243
loser and person grieved in that behalf, do, or shall prosecute and w
sue for the same within six kalendar months next after such play :”
(3) And in default of such prosecution, the same other moiety to
such person or persons as shall or will prosecute or Sue for the same
within one year next after the said six months expired ; (4) And
that the said forfeiture shall or may be sued for, or recovered by
action of debt, bill, plaint or information, in any of his majesty’s
courts at Westminster, wherein no essoin, protection or wager of
law shall be allowed : (5) And that all and every such plaintiff or
plaintiffs, informer or informers, shall in every such suit and prose-
cution have and recover his and their treble costs against the person
offending and forfeiting, as aforesaid; any law, statute, custom, or
usage to the contrary in any wise notwithstanding.
[Modified by § 837, R. S. D. C.]
SEC. 11. If any person or persons shall play at any of the said Certain gaming
games, or any other pastime, game or games whatsoever (other than :"...i. X%. -
with and for ready money) or shall bet on the sides or hands of such ...” “”
as do, or shall play thereat, and shall lose any sum or sums of money, º
or other thing or things so played for, exceeding the sum of gnehun. A. ‘ī; § t
dred pounds [$266.66%) at any one time or meeting, upon ticket or 4:...is rit. Stat.,
credit, or otherwise, and shall not pay down the same at the time Kilty's Rep.,239.
when he orthey shallsOlose the Same, the party and parties who loseth
or shall lose the said monies, or other thing or things so played or
to be played for, above the said sum of One hundred pounds, shall
not in that case be bound or compelled, or compellable to pay or
make good the same ; (3) but the contract and contracts for the same,
and for every part thereof, and all and singular judgments, statutes,
recognizances, mortgages, conveyances, assurances, bonds, bills,
specialties, promises, covenants, agreements and other acts, deeds
and securities whatsoever, which shall be obtained, made, given,
acknowledged or entred into for security or satisfaction, of, or for
the same, or any part thereof, shall be utterly void and of none
effect: (4) And that the person or persons so winning the said
monies, or other things shall forfeit, and lose treble the value of all
such sum and sums of money, or other thing or things, which he
shall so win, gain, obtain or acquire, above the said sum of one hun-
dred pounds; (5) the one moiety thereof to our said sovereign lord
the King, his heirs and successors; and the other moiety thereof to
Such person or persons as shall prosecute or sue for the same within
one year next after the time of such offence committed; (6) and to
be sued for by action of debt, bill, plaint, or information in any of
his majesty's courts of record at Westminster, wherein no essoin,
protection, or wager of law shall be allowed : (?) And that every
such plaintiff or plaintiffs, informer or informers, shall in every such
Suit and prosecution, have and receive his treble costs against the
person and persons Offending and forfeiting, as aforesaid; any law,
custom, or usage to the contrary notwithstanding.
SEC. 12. All notes, bills, bonds, judgments, mortgages, or other Secu- All notes, mort-
rities or conveyances whatsoever, given, granted, drawn, or entred gages, etc., when
into, or executed by any person or persons whatsoever, where the whole the consideration
or any part of the consideration of such conveyances or securities, i.º.º.º.
- te 2 by gaming or for
shall be for any money, or other valuable things whatsoever, won by ºp.º. .
gaming or playing at cards, dice, tables, tennis, bowls or other game monéy ſent at
Qr games whatsoever, or by betting on the sides or hands of such as such gaming, etc.;
do game at any of the games aforesaid, or for the reimbursing or º be void. If
repaying any money knowingly lent, or advanced for such gaming . **ś.
or betting, as aforesaid, or lent or advanced at the time and be "any famis,
*The proprietors of a “faro bank’” are jointly liable for money won and received by “dealers ” or
players employed by them; 17 Ohio St. Rep., 464, Lear vs. McMillen.
244 CHAPTER xxv.–GAMBLING. ;
etc., they shall de-place of such play, to any person or persons so gaming or betting,
..". *:::::::". as aforesaid, or that shall, during such play, so play or bett, shall
...“..."... be utterly void, frustrate, and of none effect, to all intents and pur-
grantor had been poses whatsoever; any statute, law, or usage to the contrary thereof
dead. All convey- in any wise notwithstanding: And that where such mortgages, secu-
º º º rities, or other conveyances, shall be of lands, tenements, or heredita-
*Y* * * ments, or shall be such as incumber or affect the same, such mort-
9 Anne, ch. 14, gages, securities, or other conveyances, shall enure and be to and for
seºl, A.P.40; the sole use and benefit of, and shall devolve upon such person or
º * persons as should or might have, or be entitled to such lands, tene-
#Rep.,248 ments, or hereditaments, in case the said grantor or grantors thereof,
3 Granöh, Ct. or the person or persons so incumbring the same, had been naturally
Rep., 655, Sardo dead, and as if such mortgages, Securities, or other conveyances, had
&a.º.º.º been made to such person or persons so to be entitled after the
677, iniiey is. decease of the person or persons, so incumbring the same : And
iſióigan, 3’Har, that all grants or conveyances to be made for the preventing of such
and McH. Rep., lands, tenements, or hereditaments, from coming to, Or devolving
EIOok . *. upon such person or persons hereby intended to enjoy the same, as
#."; *... aforesaid, shall be deemed fraudulent and void, and of none effect,
foy. to all intents and purposes whatsoever.
The loser of £10 SEC. 13. Any person or persons whatsoever, who shall, at any time
* º; or sitting, by playing at cards, dice, tables, or other game or games
j.“... whatsoever, or by betting on the sides or hands of such as do play at
months; if he any of the games aforesaid, lose to any One or more person Or persons
neglect any per-so playing or betting, in the whole, the sum or value of ten pounds
son may sue and [$26.663], and shall pay or deliver the same, or any part thereof, the
recover treble person or persons so losing, and paying and delivering the same,
lue. * * . * e
Va, we shall be at liberty, within three months then hext, to sue for and
º ‘ī; s: recover the money or goods so lost, and paid or delivered, or any part
oft º **, thereof, from the respective winnér and winners thereof, with costs
£ity's Rep. 248, of suit, by action of debt founded on this act, to be prosecuted in
any court of record, in which actions or suits no essoin, protection,
wager of law, privilege of Parliament, or more than one imparlance
shall be allowed ; in which actions it shall be sufficient for the plain-
tiff to allege, that the defendant or defendants are indebted to the
plaintiffs, or received to the plaintiff's use, the monies so lost and
paid, or converted the goods won of the plaintiff’s to the defendant’s
use, whereby the plaintiff’s action accrued to him, according to the
form of this statute, without setting forth the special matter: And
in case the person or persons who shall lose such money, or other
thing, as aforesaid, shall not, within the time aforesaid, really and
bona fide, and without covin or collusion, sue, and with effect pros-
ecute for the money, or other thing, so by him or them lost, and paid
or delivered, as aforesaid, it shall and may be lawful to and for any
person or persons, by any such action or suit, as aforesaid, to sue for
and recover the same, and treble the value thereof, with cost of
suits, against Such winner or winners, as aforesaid; [the one moiety
thereof to the use of the person or persons that will sue for the same,
and the other moiety to the use of the poor of the parish where the
offence shall be committed.] [See $837, R. S. D. C.]
117 Ohio St.Rep.,
464, Lear vs. Mc-
Millen.
Winner shall SEC. 14. And for the better discovery of the monies, or other
* hºovery thing so won, and to be sued for and recovered, as aforesaid, It is
TLD Cielº Oa, UIl. hereby further enacted by the authority aforesaid, That all and
Ibid., Sec. 3. every the person or persons, who by virtue of this present act shall
'6 #lex. Priº State or may be liable to be sued for the same, shall be obliged and com:
"Kilty's Rep.,248 pellable to answer upon oath such bill or bills as shall be preferred
” against him or them, for discovering the sum and sum of money, or
Other thing SO won at play, as aforesaid.
º discovery SEC. 15. Provided always, and be it nevertheless enacted by the
* *P*Y** authority aforesaid, That upon the discovery and repayment of the
CHAPTER xxv.–GAMBLING. 245
money, or other thing so to be discovered and repaid, as aforesaid, defendant dis-
the person or persons, who shall so discover and repay the same, as ...; *
aforesaid, shall be acquitted, indemnified, and discharged from any "“”
further or other punishment, forfeiture, or penalty, which he or they Ibid., Sec. 4.
may have incurred by the playing for, or winning such money or
other thing so discovered and repaid, as aforesaid; any former Or
other statute, law or usages, or any thing in this present act con-
tained to the contrary thereof, in any wise notwithstanding.
SEC. 16. If any person or persons whatsoever, do, or shall, by any Any person win-
fraud or shift, cousenage, circumvention, deceit, or unlawful device º by #".
or ill practice whatsoever, in playing at or with cards, dice, or any ...’ #ing hi
the games aforesaid, Or in Or by bearing a share or part in the stakes, forfeit five times
wagers or adventures, or in or by betting on the sides or hands of the value.
such as do or shall play, as aforesaid, win, obtain or acquire to him Ibid...sec. 5
or themselves, or to any other or others, any sum or sums of money or Åie. Brit. Stat.,
other valuable thing or things whatsoever, or shall at any one time or 691,.692,
sitting, win of any one or more persons whatsoever, above the sum Kilty's Rep. 248.
or value of ten pounds [$26,66ál, that then every person or persons Repealed by
So winning by such ill practice, as aforesaid, or winning at any one sec. 5327, R. S.
time or sitting above the said sum or value of ten pounds, and being U. S.
convicted of any of the said offences, upon any indictment or infor-
mation to be exhibited against him or them, for that purpose, shall
forfeit five times the value of the sum or sums of money, or other
thing so won, as aforesaid; and in case of such ill practice, as afore-
said, shall be deemed infamous, [and suffer such corporal punish-
ment, as in cases of wilful perjury]" and such penalty to be
recovered by such person or persons as shall sue for the same by
such action, as aforesaid.
SEC. 17. And for the preventing of ºch quarrels as shall and may § pe. .
happen upon the account of gaming, Be it further enacted by the sºoß
authority aforesaid, That in case any person or persons whatsoever, won at play to be
shall assault and beat, or shall challenge or provoke to fight any imprisoned two
other person or persons whatsoever, upon account of any money won Years.
by gaming, playing or betting at any of the games aforesaid, such Ibid.,sec.s.
person or persons assaulting and beating, or challenging or provok- 'See sec. 5326,
ing to fight such other person or persons upon the account aforesaid, R. S. U.S.
shall, being thereof convicted upon an in lictment or information
to be exhibited against him or them for that purpose, [forfeit to her
majesty, her heirs and successors, all his goods, chattels and per-
Sonal estate whatsoever, and shall also') suffer imprisonment with-
out bail or mainprize, in the common gaol of the county where such
conviction shall be had, during the term of two years.
SEC. 18. And whereas in and by a certain statute, made in the When court of
ninth year of the reign of her late majesty Queen Anne, entitled º º grant
An act for the preventing excessive and deceitful gaming, it is ...at ºn: ey
among other things enacted, That from and after the first day of
May one, thousand seven hundred and eleven, any person or per a º º:
sons whatsoever, who should at any time or sitting, by playing at # *. 5 e
cards, dice, tables, or other game or games whatsoever, or by betting Alex. Brit. Stat.,
on the sides or hands of such who do play at any of the games afore- 759,760,
said, lose to any one or more person or persons so playing or betting, Kilty's Rep., 30.
in the whole, the sum of ten pounds º and should pay and §
deliver the same, or any part thereof, the person or persons so losing,
or paying or delivering the same, should be at liberty within three
months then next, to sue for, and recover the money or goods SO lost
and paid, or delivered, or any part thereof from the respective winner
or winners thereof, with costs of suit ; to be sued for and recovered
by action of debt, founded on the said act, to be prosecuted in any
of her then said Majesty’s courts of record ; in which actions or suits.
no essoin, protection, wager of law, privilege of Parliament, or more
246 - CHAPTER xxvi-GAS.
than one imparlance should pe allowed, with further directions, as
in the said act are particularly set forth ; and whereas for the bet-
ter discovery of the monies, or any thing so won, and to be sued for
as aforesaid, it is by the said statute enacted, That all and every per-
son or persons, who by virtue of the said statute should or might be
liable to be sued for any such sum or sums of money, or valuable
things, should be obliged and compelled to answer, upon oath, such
bill or bills as should be preferred against him or them, for the dis-
covery of the sum or sums of money to be won at play as aforesaid;
but no provision is made, or authority given to any court of equity
to decree the same to be paid ; Be it enacted by the authority afore-
said, That from and after the said twenty-fourth day of June One
thousand seven hundred and forty-five, in case any bill Or bills shall
be brought, exhibited and filed in any court of equity, against any
person or persons, for any sum or sums of money won by any per-
son or persons after the said twenty-fourth day of June, One thou-
sand seven hundred and forty-five, contrary to the true intent and
meaning of the said act, it shall and may be lawful for Such court,
wherein such bill shall be brought, exhibited and filed, to proceed
and decree thereupon, and enforce such decree or decrees, as shall
be made in pursuance thereof, in the same manner as is practiced
and used in other causes, upon bills and answers depending in the
courts where such bill shall be so brought and exhibited. -
CHAPTER TWENTY-SIX.
GAS.
Sec. Sec.
1. Standard power and purity of gas 12. Expenses of inspection to be a charge
regulated. (NOTE,-Charter of upon the District when for United
Washington Gaslight Company, States.
chârter of Georgetown Gaslight | 13. Fees paid to inspector, how applied.
Company.) 14. Companies, etc., to remove meters
2. Penalty for supplying gas of less for test and replace same.
power, etc.; proviso. 15. Inspector to give bond and take oath
3. Inspector of gas and meters, how of Office.
appointed, his duties and salary. 16. Price of gas.
4. Superintendent of meters, additional 17. Discount from price, when allowed.
allowance of. 18. Advance or reduction of price regu-
5. Laboratory for inspectors to be pro- lated.
vided. 19. Washington Gaslight Company to
6. Costs of laboratory, by whom paid. furnish statement to Secretary of
7. Furnishers of gas may be represented Interior.
at each test. 20. District to be furnished gas at same
8. Daily inspections; record to be kept rate as United States.
and open to the public; full 21. Rate for lighting, etc., of street
monthly report to be furnished to lamps.
newspapers. 22. Stoppage of gas for nonpayment of
9. Bills to consumers, when to be re- bills; restriction on removal of
duced. meters.
10. Test of meters; when they shall be 23. Power of Congress to amend or
deemed accurate and stamped and repeal.
record thereof to be kept, which 24. Penalty for fraudulently obtaining
shall be open to public inspection. gaS.
11. Test of meters in use on request of 25. Price to be uniform to all consum-
consumers; fees for and by whom €TS.
paid; meters to be inspected, 26. Not more than $25 to be paid for gas
proved and sealed at laboratory for street lamps.
before use; fees by whom paid.
Standard power SEC. 1. That from and after the thirtieth day of June, eighteen
*º º żº hundred and seventy-four, the illuminating power of the gas fur-
in District of Co- . hed b gas-light º in th º **
lumbia, etc. nished by any gas-light company, person, or persons, in the District
CHAPTER XXVI.-GAS. - * 247
of Columbia, shall be equal to sixteen candles by the Bunsen photo- June 33,484.
meter, using the English parliamentary standard Argand-burner. łº ºus
having fifteen holes and a seven-inch chimney, consuming five cubic ; §. R.S., 53.
feet of gas per hour, and such gas shall not contain more than twenty sec. 1.
grains of sulphur in any form in one hundred cubic feet, nor more
than five grains of ammonia in any form in one hundred cubic feet.*
SEC. 2. When the illuminating gas supplied by any company, per- Penalty for sup-
son, or persons in the District of Columbia, shall at any one time be plying gas of less
of less illuminating power or of less purity than according to the Pºº".
standard just heretofore given, it shall be so reported by the inspec- Ibid.
tor of gas and meters to the company, person, or persons Supplying
the same, who shall be subject to a penalty of one hundred dollars,
to be recovered before the proper tribunal and paid into the treasury
of the District of Columbia aforesaid, for each and every day during
which such violation shall continue:
Provided, however, That if it shall appear that such deviation from
the above-named standards could not have been prevented by ordi-
nary care and prudence, but was occasioned by some unavoidable
cause, then the said penalty shall riot be enforced.
SEC. 3. That a suitable and impartial person, competent as a chem- Inspector of gas
ist, who is not a stockholder or employee in any gas-works, shall be ºd jº º
º by the President of the United States, by and with the tºº tº-
advice and consent of the Senate to be designated and known as gº º
inspector of gas and meters, whose compensation shall be a salary a bid., P.378, see.
of two thousand dollars per annum, and whose duties shall be to *
test and determine the illuminating power and purity of the gas
furnished by any company, person, or persons in the District of
Columbia ; and to test, prove, and seal all meters that may be here-
after used by them.
SEC. 4. That the superintendent of meters be hereafter allowed to Superintendent
draw an additional salary of nine hundred dollars per annum, to be *...*.*, º:
paid by the District government, for his services as Superintendent . p
of street lamps under the said government of the District of
Columbia. But the aggregate annual salary of Said Superintendent 1889
Aug. 7, 1882.
shall not exceed two thousand one hundred dollars. - 23 Stat., ch. 433,
p. 325, 2 Sup, R.S.,381.
SEC. 5. A laboratory shall be provided and fitted up by the Wash- Labºratory, fºr
ington Gas-Light Company, subject to the approval of the inspector, . Wa.
in the central part of the city of Washington, at a distance as near #: §§ ght
as may be, of two thousand feet from any gas works, and furnished Company.
with suitable apparatus for the transaction of the business of the
inspector and assistant inspector, for which it is intended, and the ºngº, 18.4
laboratory shall be kept open on all business days between the hours s ...sº 277,
of eight o'clock in the forenoon and five o’clock in the afternoon. ºf Šup. R.S., 113.
2 Sup. R. S., 52. Ibid.
SEC. 6. The cost of fitting up said laboratory shall be paid for by , Cost of labora-
each Gas Company in the District of Columbia in proportion to their “”
sale of gas for the year eighteen hundred and seventy-three.
SEC. 7. The company, person or persons furnishing the gas may, Companies and
if they see fit, on each occasion of the testing of the gas by the º
inspector be represented by some officer, but such officer shall not ...
& gº e sented at each test-
interfere in the testing. - ing.
Ibid., Sec. 4. Daily inpsections.
* For charter of the Washington Gaslight º see 9 Stat. L., ch. 96, p. 722, July 8, 1848.
Charter of Georgetown Gaslight Company, 10 Stat. L., p. 786, July 20, 1854. Its rights extended
by act of Congress March 3, 1873.
248 CHAPTER xxvi-GAS.
Record of inspec- SEC. 8. Daily inspections, Sundays excepted, shall be made in con-
tion open to Public. formity to the intent of this act between the hours of five and eleven
o'clock in the afternoon, and a record shall be kept of each inspec-
Full report for tion, giving the illuminating power and purity, which shall be open
each, month to be to the public, and a copy of the daily inspection shall be furnished
* ** the following day to the company, person, or persons furnishing the
papers. gas, Saturday’s inspection to be furnished on Monday, and a full
Ibid., Sec. 5, report for the month to be furnished, upon request, to any daily
- paper printed in the city of Washingtón on the day of their publi-
cation, next after the twenty-fourth day of each month, to include
each day’s test from the date of previous publication, and giving
the average illuminating power for the month.
Bills to be re- SEC. 9. All bills for gas furnished by any company, person, or
duced if gas below persons shall state the average illuminating power for the month ;
**Y. and if the same shall fall below sixteen candles, as in this act pre:
Ibid., sec. 6. scribed, then the amount of the bill shall be reduced pro rata.
Test of meters. SEC. 10. In testing meters, the inspector or assistant inspector
shall ascertain whether the meter is of proper construction, and
requires only the pressure of a column of water indicated by the
water-guage, commonly used for Such tests, of One-fourth of an inch
high to work it, and whether it works regularly and correctly, and
registers exactly the amount of gas passing through it, first, at the
rate the meter is marked to supply; secondly, at one-third its rate;
thirdly, at twice its rate. The standard foot shall be one cubic foot,
containing sixty-two and three hundred and twenty-one one-
thousandths pounds, avoirdupois weight, of distilled water at the
Wh temperature of sixty-two degrees Fahrenheit, and with a barometrical
at meters º e e º e i "in e
shººte "ij pressure of thirty inches; and meters registering within two per
accurate and centum either way of the exact number of such feet passing through
stamped. them at the first-named rate, and within three per centum at the
second and third rates, and no others shall be deemed accurate and
i be stamped by the inspector. The inspector shall keep at the labor-
Record of meters atory a correct record of all meters inspected by him, with their
inspected. proof at the time of inspection, which record shall be open at all
Ibid., pp. 278, times to the public for any reasonable examination by any company,
279, sec. 7. person, or persons having any interest therein.
**, *.*.*.* SEC. 11. Any gas meters now in use shall be proved and tested on
InOW 110 U1862 Oll Te- e - e e
...stºne... the written request of the consumer of gas on whose premises it
Fees. may be, and in his presence, if he requires, upon the payment in
When to be paid advance to the inspector or assistant inspector of fifty cents for each
by gas company, and every meter inspected, proved, and sealed, and if any such
etC. meter, on being tested, shall be found to register inaccurately to the
injury of the consumer to an extent exceeding two per centum, the
fee of fifty cents shall be returned to the person applying for said
inspection and be paid to the inspector by the company, person, or
persons supplying the gas; and every such meter shall be considered
correct, and sealed accordingly, which shall register quantities
Meters hereafter varying from the true standard measure of gas of not more than two
used tº be first in- per centum, and a record shall be kept of the same and of all fees so
*...* collected. And all meters hereafter used by any #. COmpany,
laboratory. i. or persons, shall be first inspected, proved, and sealed at the
Fees, i, whom laboratory provided for by this act; and for such inspection, proving,
payable. and sealing the company, in ſhe first instance, and thereafter the
Ibid go company, pºrson, or persons applying to have the meter inspected,
se..." . P. * shall pay fifty cents for each meter, a record of which shall be kept
and of the fees so collected.
rººt, º: SEC. 12. All expenses heretofore incurred by the General Gov-
㺠upon the ernment for gas inspection, shall hereafter be a charge upon the
District. District. -
June 20, 1878. 20 Stat., 206, ch. 359. 2 Sup. R.S., 202.
CHAPTER XXVI.—GAS. - g 249
SEC. 13. All fees collected by the inspector of gas and meters shall . Fees of inspec-
be paid to the collector for payment into the Treasury to the credit toº, how applied:
of the United States and the District of Columbia in equal parts. July 18, 1888.
25 Stat., 314. 2 Süp. R. S., 597.
SEC. 14. Each company, person, or persons manufacturing illumi- Companiestore-
nating gas in the District of Columbia, shall, when required, in writ- * meters for
ing, by the inspector of gas and meters, bring to the laboratory any ºnd return.
meter that may have been required to be inspected, proved, and *
sealed, and to return the same to its proper place after such inspec- June 23, 1874.
tion; and it shall not be lawful for any other party or person to 8 statº, 3.7.
remove and return meters. º: §p. R. S., 53,
SEC. 15. The inspector of gas and meters shall give bond to the Inspector to give
extent of double his annual salary, and shall take an oath or affir- bond and take
mation, before some officer legally qualified to administer the same, 9”
that he will faithfully, diligently, and impartially discharge the Ibid., sec. 10.
duties of his Office.*
SEC. 16. The Washington Gas-Light Company shall be authorized, Price for gas.
on and after the passage of this act, to charge and receive for illu-Tbid pp. 279
minating gas furnished to and paid for by the Government of the 280 sec. ii. 5
United States, at the rate of two dollars and fifty cents per one
thousand cubic feet ; and when furnished and paid for by other
parties, or by the inhabitants of the city of Washington, at the rate
of two dollars and seventy-five cents per one thousand cubic feet :
SEC. 17. If the party Orinhabitants so furnished shall pay monthly Discount for
any bill within seven days after the same shall have been presented, prompt payment.
said party shall be entitled to a discount upon the amount of such Troid
bill at the rate of twenty-five cents per one thousand cubic feet. g
And all laws authorizing any higher rates are hereby repealed.
SEC. 18. When the price of gas coals delivered at the works of the Advance or re-
Washington Gas-Light Company shall advance to eight dollars and *:::::::::::
fifty cents perton the price of gas to consumers may be advanced ...”
ten cents per thousand cubic feet and an additional ten cents per g
thousand feet for each additional dollar per ton that gas coals may ".
advance in price and in like manner a reduction of ten cents per
thousand feet shall be made for each and every dollar per ton that
gas coals may fall in price below seven dollars per ton.
SEC. 19. And for that purpose the Washington Gas-Light Com- Gaslight Com-
pany shall in the month of May in each year furnish the Secretary pany to, furnish
of the Interior with a statement of all their coal contracts or pur- º, º Sec-
chases for the ensuing year excepting the Ritchie mineral and the * * *
Richmond coal, the cost of which shall not enter into any calcula- Ibid.
tion in making an average, which statement shall be sworn to before
a Justice of the Peace by their Engineer and Secretary, and the
advance or reduction of price shall take place on the first of July
ensuing.
SEC. 20. The Washington Gas-Light Company shall be authorized Gas, to be fur-
and required to furnish illuminating gas to the government of the ººlºº Pºiº
District of Columbia within the distance of fifty yards from any of ... "...”.." .
their mains, on the same terms as to the Government of the United United States.
States, and in case of the non-payment of any monthly bills by the Ibid 12
said District beyond the period of ten days from the time of presen- * * *
tation, the company shall be entitled to demand and receive interest
thereon from date until paid.
* The office of assistant inspector was abolished July 1, 1882. Ch. 263, 2 Sup. R. S., 351.
250
CHAPTER XXVI.-GAS,
Rate for light,
cleaning and re-
air, etc., of street-
ampS.
Ibid.
Stoppage of gas
for nonpayment
of bills.
Restriction on re-
moval of meters.
Ibid., sec. 13.
Act may be al-
tered, amended,
or repealed.
Ibid., sec. 14.
Penalty for
fraudulently ob-
taining gas.
Ibid., sec. 15.
Price to be uni-
form to all con-
SUIIIleIS.
Ibid., Sec. 16.
Not more than
$25 to be paid for
gas for street lamp,
etc., lamps in
Washington.
June 20, 1878.
20 Stat., 206.
1 Sup, R. S.,383.
SEC. 21. The said company shall light, extinguish, keep clean, and
repair the Washington City street-lamps at the uniform price of
forty dollars for each lamp per annum, to burn two thousand two
hundred hours per annum, with a six-foot burner on each lamp, sub-
ject to any regulation that may be prescribed by the city authorities
as to the time of lighting and extinguishing the Sarne, and any extra
number of hours to be charged and paid for at the rame rate : Pro-
vided, That the city of Washington shall furnish, when necessary,
new lanterns to replace old ones, and shall furnish and pay for the
reasonable expense of erecting new lamp-posts to replace such as are
old, damaged, and unfit for use. [See § 26 of this chapter, as to rate of pay.]
SEC. 22. If any person or persons, supplied with gas, neglect or
refuse to pay the amount due for the same, such company may stop
the gas from entering the premises of such person or persons. In
no case shall the officers, servants, or workmen of the company
remove a meter from premises supplied by the company, unless by
consent of the consumer, without first giving forty-eight hours'
notice in writing by leaving the same at the premises of the con-
sumer; and said removal shall take place only between the hours of
eight o'clock in the forenoon and two o'clock in the afternoon.
SEC. 23. It shall be lawful for Congress at any time hereafter to
alter, amend, or repeal this act, and all acts and parts of acts incon-
sistent herewith are hereby repealed.
SEC. 24. Any person who, with intent to injure or defraud any
gas company in the District of Columbia, shall make or cause to be
made any pipe, tube or other instrument or contrivance, or connect
the same, or cause it to be connected with any main service pipe or
Other pipe for conducting or supplying illuminating gas in such
manner as to connect with and be calculated to supply illuminating
gas to any burner or Orifice by which illuminating gas is consumed,
around or without passing through the meter provided for the meas-
uring and registering of the quantity of gas there consumed, shall
be deemed guilty of a misdemeanor, and upon conviction shall be
punished by imprisonment not exceeding six months or by fine not
exceeding two hundred and fifty dollars.
SEC. 25. The price which may be charged for gas by any Gas-
Light Company in the District of Columbia shall be uniform and
the same to all consumers and any reduction made in the price or
cost to any person or persons, except to officers of the company, shall
furnish a legal right on the part of any other person or persons to
demand gas at the same cost or price. -
SEC, 26. No more than twenty-five dollars shall be paid per street-
lamp for gas [for lighting the Ea:ecutive Mansion and public grownds
'n Washington]; and in case a contract can not be made at that
rate, the engineer in charge is hereby authorized to substitute other
illumination material, and to use so much of the sum hereby appro-
priated as may be necessary for that purpose. [See sec. 21, of this chapter.]
CHAPTER xxvii.-GUARDIAN AND WARD.
251
Sec.
1.
CHAPTER TWENTY-SEVEN.
GUARDIAN AND WARD.
.*
Parents may dispose of the custody
of children during minority; raw-
ishment of ward ortrespass, actions
for by guardian.
2. Management of estates of children
10.
11.
12.
13.
14.
15.
16.
17.
18.
19,
. Appointment of guardian.
4
by guardian.
. Proviso as to discharge of appren-
tices.
. Appointment of guardian of children |
having no natural or testamentary
guardian, when and how. (See
Sec. 20.)
. Power of court to have orphan before
it to appoint guardian.
. On application of any friend of Or-
phan, guardian may be compelled
to give bond, etc.
. Guardian to give bond before acting
as such; form of bond.
. Property of ward to be delivered to
guardian when bond executed; ex-
ecutors, etc., and former guardian
to deliver property of ward to
guardian; punishment for non-
compliance; new security may be
required of guardian.
. Appraisement of ward's estate, how
made.
Waste of ward's land prohibited;
when guardian may cut off and
sell wood, etc.
Management of ward's real estate.
Profit of ward's estate to be accounted
for. 2
Accounts of guardian shall be settled
at least. Once a year.
First account of guardian, what to
contain.
Personal property of ward, how dis-
posed of.
Expenditures of ward to be within
his income; exceptions; interest
on ward’s money; commissions to
be allowed guardian.
Failure of guardian to account; his
bond may be sued; his liability to
attachment and fine.
Final account of guardian when
ward becomes of age or marries
and delivery of ward's property;
liability of guardian for noncom-
pliance.
Powers of equity court as to trusts,
not affected by foregoing 15 sec-
tions.
(See Sec.
. Bond required of guardian; ward’s
pension, how protected.
. Bond and account required of nat-
ural guardian.
. Special guardian may be appointed
if natural guardian fails to give
bond.
. Additional security may be required
of guardian, when.
Sec.
25.
26.
42.
43.
45.
46.
47.
48.
49.
50.
51.
53.
54.
Notice to guardian to give further
security.
Dismissal of guardian for failure to
give further security, and appoint-
ment of new guardian; order as to
ward’s estate.
. Enforcement of Orders of court.
. Counter Security of surety on guard-
ian's bond, how obtained.
. When orphans may elect guardian.
e Aº by court of guardian
elected, etc.
. Removal by court of guardians by
election and new election.
. Guardian ad interim, when and how
appointed.
. Supersedure of guardian by election,
notice of.
. Foreign guardians or committee of
lunatics may sue, etc., as if ap-
pointed in this District.
. And may collect and receive money
and convey lands belonging to
their minor or lunatic. e
. Proof of bond by such committee or
guardian must be first filed.
. Certain payments to foreign com-
mittees or guardians legalized. ,
. Evidence of security.
. Such evidence to be recorded.
. Sale of infant's real estate, when and
how effected.
. What petition must state. -
Parties defendants, who are; guard-
ian ad litem, answers of, etc.
Evidence required before decree.
. Requisites to render decree of sale
lawful. .
Costs, by whom paid.
No sale of infant's estate to be de-
creed if acquired by will which
directs otherwise.
Guardian or guardian ad litem not
to purchase at sale of infant's
estate. . -
Manner and terms of sale of infant’s
estate, etc.; lien to be retained for
purchase money.
Investment of proceeds of sale of
infant's estate.
Security to be required for same.
Death of infant after sale; proceeds,
how considered; succession.
. Trespassers on lands, etc., of wards
and Orphans shall pay damages to
guardian, etc.
Guardian committing waste upon
Orphan's estate; damage to be in-
quired into and security entered
into by guardian ; contempt of
court for refusal, punished by im-
prisonment.
Minors entitled to lands, etc., by
purchase, not obliged to defend in
ejectment until of age.
252 CHAPTER XXVII. —GTJARDIAN AND WARD.
Parents may SEC. 1. That where any person hath, or shall have any child or
**** children under the age of one and twenty years, and not married at
jm.”t."... the time of his death, that it shall and may be lawful to and for the
nority. Actions of father of such child or children, whether born at the time of the
ravishment of decease of the father, or at that time in ventre sa, mere ; or whether
Wards 9... trespass such father be within the age of one and twenty years, or of full
by guardian. age, by his deed executed in his life-time, or by his last will and
12 Charles II, testament in writing, in the presence of two or more credible wit-
gº, Sec.8, A. D. messes, in such manner, and from time to time as he shall respec-
1%. Brit. Stat. tively think fit, to dispose of the custody and tuition of such child or
466 tº "“” children, for, and during such time as he or they shall respectively
făity's Rep.,238. remain under the age of one and twenty years, or any lesser time,
to any person or persons in possession or remainder, other than
Popish recusants; (2) and that such disposition of the custody of
such child or children made since the twenty-fourth of February,
one thousand six hundred forty-five, or hereafter to be made, shall
be good and effectual against all and every person or persons claim-
ing the custody or tuition of such child or children as guardian in
socage or otherwise : (3) And that such person or persons to whom
the custody of such child or children hath been, or shall be so dis-
posed or devised, as aforesaid, shall and may maintain an action of
ravishment of ward or trespass, against any person or persons
which shall wrongfully take away or detain such child or children,
for the recovery of such child or children; (4) and shall and may
recover damages for the same in the said action, for the use and ben-
efit of such child or children.”
Management, of , SEC. 2. That such person or persons to whom the custody of such
tºº. * child or children hath been, or shall be so disposed or devised, shall
y guardians, * * tº 2. ".
and may take into his or their custody to the use of such child or
Ibid., sec. 9. children, the profits of all lands, tenements and hereditaments of
such child or children ; and also the custody, tuition and manage-
ment of the goods, chattels and personal estate of such child or
children, till their respective age of one and twenty years, or any
Iesser time according to such disposition aforesaid; (2) and may
bring such action or actions in relation thereunto, as by law a guard-
ian in common Socage might do. -
Proviso as to SEC. 3. This act, or any thing therein contained, shall not dis-
º of aP charge any apprentice from his apprenticeship. -
Ibid., sec. 10.
Court may ap: SEC. 4. Whenever land shall descend, or be devised, to a male
pºſſ guardian of under the age of twenty-one years, or to a female under sixteen, or any
children having 2. * † ºn †
... al.: such male or female shall be entitled to a distributive share of per-
ian or guardian sonal estate of an intestate, or to a legacy or bequest under a last
by will ; when and will or codicil, and the said male or female shall not have a natural
how. guardian, or guardian appointed by last will, agreeably to the statute
Md. act 1798, ch. in that case provided, the Orphans court of the county where the
101, Sub. ch. 12, land lies, or in which administration of the personal estate is granted,
“kill 848 shall have power to appoint a guardian to such infant, until the age
1 ñº; is of twenty-one years (if a male,) and until the age of sixteen (if a
5 female,) or marriage, and such appointment may be made at any
time after the probat of the will, or administration granted on
the estate of the deceased, under whom the infant appears to be SO
entitled to land; and it may be made, if the court shall think proper,
in the case of personal estate, either before or after the executor Or
administrator shall have passed his account. [See § 20 of this chapter.]
Power of court SEC. 5. The said court shall have power to call or have brought
fººp.º. before them any orphan as aforesaid, for the purpose of appoint-
: * appoint ing a guardian.
Ibid., sec. 2. *3 Cranch, Ct. Rep., 158; Mauro vs. Ritchie ; 2 Peters Rep., 243.
CHAPTER XXVII.-GUARDIAN AND WARD. 253
SEC. 6. The court shall also have power, on application of any On application
friend of the infant as aforesaid entitled to land, or a legacy, or dis-9: i. ‘. Of
tributive share, to call on any guardian under the statute aforesaid, º ºn
or natural guardian, to give bond for performance of his or her tº 3 - uv -
trust, and the court, at discretion, may direct such bond to be given; *...*.*.
and on the guardian’s failure or neglect, the court may appoint
another guardian.
SEC. 7. And every guardian appointed by the court, before he Guardiºn to give
shall have authority to act as such, shall enter into bond to the #. º act-
United States of America [the state of Maryland, in such penalty, "#."ond.
and with such sureties, as the court shall approve ; and the said tº
bond shall be recorded, and be subject to be put in suit, and be in ****
all respects on a footing with the bond given by an executor or
administrator; and the form of the condition of it shall be as fol-
lows: “The condition of the above obligation is such, that if the
above bounden , as guardian to , of
county, shallfaithfully account with the Supreme Court of the District
of Columbia [orphans court of county, as directed by law,
for the management of the property and estate of the Orphan under
his care, and shall also deliver up the said property agreeably to the
order of said 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 otherwise
remain in full force and virtue in law.” [See § 21 of this chapter.)
SEC. 8. On a guardian’s executing such bond, the court shall have Property of
power to order the land, distributive share, or other property belong- ward to be deliv-
ing to such orphan, to be delivered to such guardian immediately, º: tº, guardian
or at such time as shall appear reasonable; in the case of a legacy j Ond exe-
or bequest, the court shall direct the delivery as soon as it shall Executors, etc.,
appear that the same may be delivered without prejudice to the per- and former guard-
son administering; and in the case of a distributive share, the court an to deliver
shall direct the delivery as soon as the same shall be ascertained; #. Of ward
and on failure of any former guardian appointed by the court, or of “flºat for
an executor or administrator, to comply with such Order, his bond noncompliance.
may be put in suit, and he may also be attached for contempt, and New security
fined not exceeding three hundred dollars aforesaid; and the court ºy.º. required
shall have power to call on any guardian for new security, and on of guardian.
failure, may appoint a new guardian. . Ibid., sec. 5.
- 1 Har. and J. Rep., 297.
SEC. 9. Every guardian appointed by the court, having the care ...APPrºsement
of a real estate, shall, within three months after executing his bond, iº estate ;
rocure the said estate to be viewed and reported on by two skilful º º
#. persons, not related to either party, and appointed by the Ibid., Sec. 6.
orphans court, which two persons, before they proceed to act, shall
swear, or affirm, as the case may be, before some judge or justice,
that they will appraise the same without favour or prejudice, and to
the best of their skill and judgment; and it shall be the duty of the
appraisers to examine the estate, and estimate the annual value
thereof, including any working beasts and stock, and utensils
thereon belonging to the Orphan, and proper to be leased with the
land; they shall likewise set down, in writing, what dwelling-houses,
out-houses, orchards, gardens, meadows, enclosures, and other
improvements, are on the land, and the condition thereof, and what
º”. of the said land is in their estimation in woods; and they
shall make a certificate, under their hands and seals, of the
whole they have done, to which shall be annexed a certificate of
their appointment, and of their having taken the Oath or affirmation
as aforesaid, and the same shall be returned by the guardian to the
orphans court, within three months as aforesaid ; and the same shall
be evidence against him, in case of any suit for misconduct brought
against him. -
!
|
254 CHAPTER xxvii.-GUARDIAN AND WARD.
Waste of Yard's SEC. 10. No guardian shall commit waste on the land, but the court
*** Pºd, may, on his application, allow him to cut down and sell wood, and
When guardian 5 .o. 3 : l- ~l. tº
may cutºi account for the same, in case it shall deem the same advantageous or
sell wood, etc. necessary for the Ward’s education and maintenance.
\ -
Ibid., sec. 7.
Management of SEC. 11. And each guardian having a real estate under his care,
ward's real estate. shall either cultivate the same, with the stock and utensils, belong-
Ibid...sec. 8. ing to the ward, or to be purchased with his or her money, with the
y approbation of the court, or he shall lease the same from year to
year, or for any term not exceeding three years, and within the non-
age of the ward; or he may, with the court’s approbation, under-
take the estate on his own account, and be answerable for the annual
value, such annual value to be every third year ascertained, under
the direction of the court.
Profit of ward's SEC. 12. Every guardian shall account for all profit and increase
estate tº be act of the estate, or annual value as aforesaid, and shall not be answera-
counted for. ble for any loss or decrease sustained without his fault, to be allowed
Ibid., sec. 9. by the orphans court. -
Accounts of SEC. 13. And Once in each year, or oftener if required, a guardian
guardian shall be shall settle an account of his trust with the orphans court; and the
*...*, * said court shall ascertain, at discretion, the amount of the sum to be
Once a year. > Al A.- : & - e
annually expended in the maintenance and education of the Orphan,
Ibid.,sec. 10, regard being had to the future situation, prospects and destination,
136 ºf S. Rep., of the ward; and the said court, if it shall deem it advantageous to
#9, º, *; the ward, may allow the guardian to exceed the income of the estate,
Fitchief, ibidº,” and to maj f his principal, and to sell part of the sar Her
Mackey Rep. 301; and to make use or nis principal, and to sell part or ºne same, under
gºianá Ré.409, its order; provided nevertheless, that no part of the real estate shall,
Jones vs. Stockett; on account of such maintenance or education, be diminished, with-
3, Haº, and, G. out the approbation of the court of chancery, or general court, as
fep. 120, Bro. fe
dress vs. Thomp- well as of the Orphans court.
son; 3 Har. and G. Rep., 347, Pottenger vs. Stewart; 3 Har. and G. Rep., 251, Sped-
den vs. State. - -
First account of SEC. 14. And on the first account to be rendered by a guardian,
gº what it he shall state the property by him received from an executor or
. © administrator, or otherwise belonging to his ward, and every increase,
Ibid., sec. 11. and the profits thence arising, if any.
8 Md. Rep.,230, McClellan vs. Kennedy; 8 Md. Rep., 44, State vs. Baker; 8 Gill
Rep., 391, Barnes vs. Compton; 7 Gill Rep., 366, Richards vs. Swan; 6, Gill Rep., 258,
Magruder vs. Darnell; 4 Md. Chy. 322, Gibbs vs. Cunningham; 3 Md. Chy, 306, O’Hara
vs. Sheppard; 3 Har, and J.,251, Spedden vs. State.
Personal prop- SEC. 15. In case the personal property of a ward shall consist of
erty of Ward; how specific articles, such as working beasts, animals of any kind, stock,
disposed of. furniture, plate, books, and so forth, the court, if it shall deem it
Ibid., sec. 12. advantageous for the ward, may at any time pass an Order for the
2 Kilty,849. sale thereof for ready money, or on credit, the purchaser, with secur-
ity, giving bond to the said ward, bearing interest ; and all proceed-
ings relative to such sale shall be as herein directed with respect to
sales by executors or administrators. t
Expenditures of , SEC, 16. Every account of a guardian shall state his expenditures
ward to be within in maintaining and educating the Ward, not exceeding the income
his income, ex- of the estate, unless allowed by the court; and for no balance of
cer, tºes t on money in his hands shall he be charged interest, unless he shall con-
w.y.” sent to take the same on interest, but the court may direct him to
Commission to place the same at interest, taking bond to the Orphan, with security
be allowed guar- approved by the court; and for the trouble and care of such guar-
dial). dian, the court may allow any commission, not exceeding ten per
Ibid., sec.18. cent.
55 Md. Rep., 452, White vs. Dimmock.
CHAPTER XXVII.-GU ARDIAN AND W.A.R.D. 255
SEC. 17. On a guardian’s failing to account as herein directed, his Failure of guard-
bond shall be liable to be put in suit, and he shall also be liable to i. to account,
bond may be sued;
attachment and fine as aforesaid, but he shall not be liable to any ... liability to at-
fine in a court of law, any act to the contrary notwithstanding. tachment and
- fine. -
Ibid., Sec. 14.
SEC. 18. On the ward’s arrival at age as aforesaid, the guardian Final account of
shall exhibit a final account to the Orphans court, and shall deliver ‘....". ...}
up agreeably to the court’s order, to the said ward, or the husband, . *::::::
(as the case may require,) all the property of such ward in his hands, and delivery of
including bonds, and other securities, and on failure his office bond ward's property;
shall be liable, and he shall also be liable to attachment and fine as º of guar-
te lian for noncom-
aforesaid. pliance.
Ibid.,sec. 15. 54 Md. Rep., 332, State vs. Henderson; 32Md. Rep., 1, Griffith vs. Parks.
SEC. 19. Nothing in this act contained shall be construed to affect Powers of equity
the general superintending power exercised by the court of chan- court as to trusts
cery with respect to trust. ºftected by
- ." S act.
s Ibid., sec, 16.
SEC. 20. The Supreme court of the District has power to appoint a Appointment of
guardian or guardians to any infant orphan entitled or have right guardian.
or claim to any property, real, personal, or mixed, within the juris- Sec. 937, R. S.
diction of the court, or whose person and residence may be within D;
such jurisdiction, except when such orphan may have a testament-s *º º:
ary guardian. [See § 4 of this chapter.] - 'i º É. Č.,
147, Barclay vs. Govers; 1 Cranch, C. C., 244, Reinhart vs. Orme; 3 Cranch, C. C., 147,
Mauro vs. Ritchie; 3 Cranch, C. C., 343, Smoot vs. Bell. * .
SEC. 21. The court shall require of guardians so appointed, and of Bond to be re-
testamentary guardians, unless directed otherwise by the will gº
appointing them, bond, with good and sufficient Surety, as required Sec. 938, R. S.,
by law.” [See § 7 of this chapter.] ... D. C.
3 Cranch, C. C., 251, U. S. vs. Litle; 4 Cranch, C. C., 191, U.S. vs. Nicholls; 5 Cranch,
C. C., 620, U.S. for the use of Godey vs. Bender: 3 Cranch, Ct. Rep., 343, Smoot vs. Bell.
SEC. 22. When any infant, whose father may be living, shall, by . Natural guard-
gift or otherwise, be entitled to any property separate from the . . .”
father, it shall be lawful for the court to compel the father, as natu- ***
ral guardian, to give bond and security to account for the property, , Sec. 939, R. S.
and to compel him to account, as guardians in other cases. D. C.
SEC. 23. If the father shall fail or refuse to give such bond, or at Special guardian
his request, the court shall have power to appoint a special guardian may be appointed,
to take charge of the property, who shall give bond and security as *
in other cases, but with condition to suit the case. piº. 940, R. S.
SEC. 24. In all cases the court shall have power, when it has good Additional secu-
cause to believe that the interest of the º require, to compel any rity may be re-
guardian to give additional, other, or further security, in such time quº, when:
as the court may direct. Sec. 941, R. S.
D.C. Ibid., Sec. 2, p. 4.
SEC. 25. No order shall be made directing a guardian to give new
Security, until he shall have been duly summoned to show cause ian
against, or have had ten days' notice in writing of, the intended Tsec. 912, F. s.
application. * e N-e e
otice to guard-
SEC. 26. Upon the failure of any guardian to comply with the Dismissal and
order of court directing such security, the court shall have power new appointment.
* Embezzlement of ward's pension money. See §§ 4783,5486, R.S. U.S.
5
\ .256 CHAPTER xxvii.-GUARDIAN AND WARD.
Sec. 943, R. S. and authority, and it shall be their duty to dismiss such guardian
g from office, and appoint another in his stead, and Order the estate of
the ward to be forthwith delivered to the newly-appointed guardian.
Enforcement of SEC. 27. The court shall have power, by fine or imprisonment, or
order of the court, any legal process, to compel and enforce a compliance with its order,
Sec. 944, R. S. or may, where it can be so done, Order the marshal to take possession
* * * of and deliver the property.
Counter securi- SEC. 28. If any surety of a guardian, by petition to the court, set-
ty. ting forth that he apprehends himself to be in danger of suffering
Sec. 945, R. S. thereby, shall pray that he may be relieved, the court, after a sum-
. C. mons to answer the petition shall have been served upon the guard-
gº .#3 lsº * ian, or a copy of such summons left at the place of his usual abode,
# * * * * * shall order him to give counter security for the complete 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
court shall take sufficient security of the person in whose hands the
ward’s estate shall be delivered, and may make such further order
for the relief of the petitioner as shall seem just.
Election of guar. , SEC, 29. Every Orphan or other infant, to whom the Supreme Court
dian by orphan, is authorized to appoint a guardian, shall be entitled, on arriving at
so. 916. E. s. the age of fourteen years, or at any age between fourteen and twenty-
.C. ' one years, notwithstanding any appointment of guardian before
Ibid., sec. 1, pp. made by the court, to elect a guardian for himself.
71, 72. *
Approval by the SEC. 30. The court shall approve the character and competency of
COurt. the person so elected guardian, and shall require of him such secu-
se, or E. S. rity, and exercise toward him all such jurisdiction, and powers for
D. C.’ ”’’’ ‘’’ ‘’’ compelling the faithful administration of his trust, as provided in
8 August, 1846, the cases of guardians appointed by the court.
, ch.97, sec. 1, v. 9, pp. 71,72.
Removal, of SEC. 31. If the court, in the due exercise of its jurisdiction and
* * powers, shall see fit to supersede and remove such guardian, or if
Sec. 948, R. S. such guardian die, or become incompetent during the minority of
ID i d the orphan, the court shall forthwith cite the Orphan to appear and
º make a new election of guardian, which the Orphan may do under
the same conditions and restrictions as are prescribed in respect to
the Original election of guardian.
Guardian ad in SEC. 32. For the interval of time between the removal, death, or
terim. . incompetency, of the first elected guardian, and the new election of
Sec. 949, R. S. another by the Orphan, the court may, if it deem expedient, appoint
D.C. a guardian ad interim until such new election be made ; taking such
Ibid. Security of the guardian ad interim, and exercising over him such
jurisdiction and powers, as required and given in the cases of other
guardians.
+. ...” **P* SEC. 33. Where a guardian is to be superseded by an election, as
sequre. provided in the preceding sections, he shall have notice of the appli-
pº * R. S. cation by summons, or in writing.
Ibid. - - y
Guardian, etc., SEQ. 34. It shall be lawful for any person, appointed the committee
; I]]]]] OI’ º of a lunatic, or the guardian of a minor or lunatic, by the proper
#.”** authority in any State or Territory of the United States, to institute
T.T.E. is ºr and prosecute to final judgment any suit or action in the courts of
pº 951, R. S. the District, as he might have done if his authority as such guar-
êiarch iseach dian or committee had been derived from the proper tribunals of the
#. sec. 1, v.13, pp. District.
18, 19.
CHAPTER xxvii.-GUARDIAN AND WARD. 257
l
SEC. 35. Such committee or guardian may in the same manner May receive
collect and receive any sum of money due to such lunatic or minor, ºne and convey
and may by deed, duly executed, release and convey to any party P*.
entitled to the same, whether by purchase or otherwise, any lands Sec. 952, R. S.
Or estates situated in the District, the property of such lunatic or D. C.
minor, Or to Or upon which such lunatic or minor may have a claim
Or mortgage, in the same manner as he might have done if his
authority had been derived from the tribunals of the District
SEC. 36. Such committee or guardian, before making Co. veyance Proof of bond.
of real estate or release of claim, or mortgage thereon, shall file in Sec. 953, R. S
the supreme court of the District the official certificate of the judge Dº “” “ ”
of the court from which he derived his appointment that he has
given a sufficient bond to account to the minor or lunatic for all
sums of money received by virtue of the authority conferred by the
two preceding sections. |
SEC. 37. All payments made within the District prior to March Certain pay-
eighth, eighteen hundred and sixty-four, to the committee or guard- * sufficient.
ian of a lunatic Or the guardian of a minor duly appointed at the Sec. 954, R. S.
domicile of the lunatic or minor out of the District, in the United D. C.
States, shall be good and sufficient.
sº
SEC. 38. The guardian Or Committee shall in such cases file in the Evidence of so-
supreme court of the District the official certificate of the judge of curity.
the court from which such committee or guardian derived his appoint-Ts. 95, E.T.s
ment, that he has given sufficient bond to account to the minor or D.C.’ 3 -a-v - "... •
lunatic for all payments so made.
SEC. 39. In all cases the evidence of the appointment and authority Evidence of ap-
of such committee or guardian shall be first recorded in the office of pointment.
the Supreme court of the District. Sec. 956, R. S.
D. C.
SALE OF INFANT'S ESTATE BY GUARDIAN.
SEC. 40. The guardian of any infant may file a bill in the Supreme Sale of infant's
court for the sale of such infant’s real estate, or part thereof, when estate; petition of
he shall think that the interests of his ward will be promoted thereby. *
• - Sec. 957, R. S.
D. C. 136 U. S. Rep., 519, Thaw vs. Ritchie.
SEC. 41. Such bill shall be verified by the oath of the guardian, What petition
and shall set forth plainly and distinctly all the estate, real and per- must state.
Sonal, to which the infant is entitled, and all the facts which, in the sec. 958, R. S.
opinion of the guardian, are calculated to show whether the interest D.Ç.
of his ward wifi be promoted by such sale or not. 3 March, 1843,ch.
87, Sce. 1, V. 5, pp.
621, 622.
SEC. 42. The infant, together with those who would be heirs to Parlies defend-
the estate if he were dead, shall be made parties defendant, and it ****
shall be the duty of the court to appoint some fit and disinterested Sec. 959, R. S.
person to be guardian ad literm for the infant, who shall answer the D.C. O
bill on oath; the infant, also, if above the age of fourteen years, *P*
shall answer the bill in proper person on oath. ~.
SEC., 43. Whether the answer to the plaintiff’s bill admit the facts Evidence requir.
alleged or not, commissions for taking depositions shall be awarded; ed before decree.
and before the court shall have authority to decree a sale, every fact Sec. 960, R. S.
material to ascertain the propriety thereof shall be proved by clear D.C.
and credible evidence, given by disinterested witnesses; depositions a bid., see. ?, P.
to be taken in the presence of the guardian ad litem, or upon inter- *
rogatories agreed upon by him.
17 C S
258
CHAPTER xxvii.-GUARDIAN AND WARD.
Requisites to
render decree of
sale lawful. -
Sec. 961, R. S.
D.C -
Tbid., Sec. 3, p.
622
tº & e
Costs.
Sec. 962, R. S.
SEC. 44. If, upon hearing the cause, it shall be proved, to the satis-
faction of the court, by evidence taken in accordance with the pre-
ceding Section, that the interest of the infant manifestly requires
the sale of his real estate, wholly or in part, and if in the opinion of
the court the rights of others will not be violated thereby, the court,
Imay decree such sale.
SEC. 45. If a sale be decreed, the costs of the suit shall be paid
out of the estate of the infant; otherwise the costs shall be paid by
the plaintiff. -
D. C. Ibid., sec. 6, p. 622. - - { i
No sale to be de-
creed; when.
Sec. 963, R. S.
D. C.
Ibid.
Guardian not to
be a purchaser.
Sec. 964, F. S.
D. C.
Ibid.
Manner of sale.
Sec. 965, R. S.
D. C.
ibid., sec. 3, p.622.
Proceeds; how
to be invested and
applied.
Sec. 966, R. S.
D. C. Ibid., sec.
Security to be re-
quired. Y.
Sec. 967, R. S.
D. C.
Ibid. .
In case of in-
fant's death.
Sec. 968, R. S.
D. C.
136 U. S. Rep.,
531, T haw vs.
Ritchie.
Trespassers on
lands, etc., of
wards or orphans
shall pay damages
to guardian, etc.
Md. act 1729, Ch.
24, sec. 7.
1 Kilty, 210.
1 Dorsey, 74.
2 Bland Rep.,
606, Addison vs.
Bowie: 6 Gill
Rep., 269, Magru-
der vs. Darnall; 1
Gill Rep., 367,
SEC. 46. No sale of an infant’s real estate shall be decreed under
the provisions of this chapter, if the testator from whom such
estate is derived shall, by his last will and testament, have expressly
directed otherwise. t f
SEC. 47. In no case shall the guardian or the guardian ad literm be
admitted a purchaser at such sale, either by himself or through
another, or in any manner whatever become the owner of the real
estate during the infancy of the ward.
SEC. 48, All sales shall be made in such manner and upon such
terms of credit as the court may direct, always retaining a lien upon
the estate for the payment of the purchase-money.
SEC. 49. The proceeds of sale shall be invested and applied for the
benefit of the infant, either in the purchase of other real estate or
in such other manner as the court shall think best.
4, p. 622.
SEC. 50. In whatever hands the proceeds of the sale may be placed,
the court shall require ample security that they shall be faithfully
applied in such manner as the court may direct.
SEC. 51. If the infant, after any such sale, shall die intestate, under
the age of twenty-one years, the proceeds, or so much thereof as may
remain at his death, shall be considered as real estate, and shall pass
accordingly to such persons as would have been entitled to the estate
if it had not been sold.
SEC. 52. And, whereas several persons, not being guardians, havé
got into the possession of lands belonging to Orphans, and demised
or occupied the same, and received the profits thereof :
Be it enacted, That it shall not be lawful for any person whatso-
ever, not being a guardian, or not having license from a guardian,
to enter into, possess or Occupy, any lands or tenements belonging to
any orphan or orphans, without first applying to the Supreme Court
of the District of Columbia [county º and obtaining leave from
them for such rents as they shall think just and reasonable to be paid
to such orphan or orphans, on pain of being trespassers, and paying
treble damages, and full cost to such Orphan or orphans, to be recov-
ered by the guardian during the Orphan’s minority, or by the Orphan
when at full age.
Chaney vs. Smallwood; 4 Gill and J. Rep., 444, Burch vs. State; 4 Gill and J.
Rep., 323, Magruder vs. Peter; 3 Gill and J. Rep., 413, Robinson vs. Townshend;
3 Gill and J. Rep.
, 133, Hungerford vs. Bourne; 2 Gill and J. Rep., 468, Wells vs.
, Beall: 1 Har. and Gill Rep., 220, Drury vs. Conner; 2 Har. and J. Rep.,244, Gumby
vs. Selby.
CHAPTER xxviii.-HEALTH.
259
SEC. 53. That when and as often as The Supreme Cowrt of the Dis-
trict of Columbia. [any county court], shall, by the presentment of
any grand jury or otherwise, be informed of any waste being done
by any guardian upon any orphan's estate, to issue their warrant to
cause such guardian to appear before them, and if, upon the said
guardian’s appearance before them, and being heard in his Or her
defence, or refusal to appear, being Summoned, such information
shall appear to be true, the said justices shall order the marshal
[sheriff, with all possible speed, to summon a jury upon the place
where the waste shall be committed, to inquire upon their Oath into
the same, and of what damage such waste shall be to such Orphan,
which being returned to the said justices, they are hereby required to
oblige the guardian to give Security for double the damages that
shall be assessed by such jury, and in case of refusal to commit such
guardian to prison, there to remain until he or she will comply with
their order therein. *
SEC. 54. All persons under the age of twenty-One years, who shall
hereafter be entitled to any lands, tenements or hereditaments, by
purchase, shall not be obliged, during their minority, to answer any
suit or ejectment in relation to the said lands, tenements, heredita-
ments, any more or otherwise than they would be if such lands,
tenements or hereditaments, became their right by descent.”
f :: See sec. 2, Md. act 1875, ch. 80; 2 Kilty, 61: 1 Dorsey, 232; 68 Ma. Rep., 1, Tice vs. Shaw.
* * * **-*º-mºmºsº,
CHAPTER TWENTY-EIGHT.
HEALTH.
Sec. . - | Sec.
1. Health officer appointed and board 13. Same subject, such regulations to in-
of health abolished. (NOTES.— clude instructions for interment
Ordinance of Washington city as of dead and house visitation, etc.;
to nuisances; registry of dentists; destruction of infected clothing,
prevention and spread of Scarlet etc., of poor persons; payment for
fever and diplitheria; health offi- same provided for. g
cer may call on police for aid : 14. Removal of persons to public hos-
smallpox hospital. pitals provided for ; penalty for re-
2. Salaries of health officer, sanitary in- fusal to comply with this section.
ºtors clerk, and other assist 15. Proprietors of enement houses, etc.,
C ſº
to notify health officer of infectious
diseases in houses, etc. : penalty
for neglect.
3. Sanitary inspectors ; their appoint-
ment, duties, and reports : report
of health officer.
4. Clerks to health officer. 16. Penalty for not disinfecting vehicles
5. Plumbing inspector, appointment or selling clothing of infectious
and duties. people, etc., or exposing such per-
6. Plumbing regulations to be enforced | SODS 11). streets, etC.
by health officer. '. 17. Penalty for letting rooms where in-
7. Penalty for violation of plumbing fected persons have been, without
regulations. first disinfecting same.
8. Ordinances of board of health, le- | 18. Contagious diseases, etc., of animals;
galized, excepting certain sections, Suppression of Same ; pleuro-pneu-
9. Same subject, list of same. monia, ; duties of commissioners in
10. Health officer to secure full, etc., relation thereto.
record of Vital statistics, etc.; nº | 19. Same subject, duty of District attor-
riages, deaths, and burials must be neys for violation of section 18.
reported to health officer. S) • { * fºr :--4---- &
11. Births must be reported within six (). Pºpointment of ;
days; penalty for neglect. * .
12. Health oft. to issue regulations to ; Same subject; oath of office.
prevent or remove epidemics and 23. Floºr barrels must be well made,
diseases; regulations to be adver- etc.; millers' marks; duty of
tised in newspapers, and be subject inspectors as to marks and brands.
to modification and approval by 23. Inspection of flour and penalty for
Commissioners. false packing, etc.
Guardian com—
mitting waste
up on Orphan's.
estate; damage to
be inquired into,
and security enter-
ed into by guard-
ian; contempt of
court for refusal
punished by im-
prisonment. -
Ibid.,sec. 9.
Minors entitled
to lands by pur-
chase not obliged
to defend in eject-
ment until of age.
Md. act 1729, ch.
24, Sec. 16.
1 Dorsey, 75.
1 Kilty, 211.
260
CHAPTER xxvii.I.—HEALTH.
Health Officer
appoint ed and
board of health
abolished.
June 1 1, 1878.
20 Stat., sec, 8,
p. 107.
2Sup. R. S., 179.
Salaries of health
officer, etc.
1878, June 20,
ch,359, sec. 1, par.
2.
—of clerks and
assistants.
Ibid., sec. 11.
S a nit a r y in-
spectors; their ap-
pointment and
duties and re-
ports.
Report of health
officer.
Ibid., sec. 9.
Sec. ; Sec. -- -
24. Quantity of flour in each package; 28. Cooperage of barrels may be required
inspector's duty as to weight, etc.; by inspectors ; inspectors not to
penalty for packing short weight. purchase, except for their own
25. Inspection, grade, and branding of use ; penalty.
flour; pay of inspector; unmer- 29. Rye flour, graded.
chantable flour, how branded ; 30. Penalty for fraudulent marking or
penalty for selling fiour in viola- packing flour.
tion of section 25. 31. Board of inspectors of flour, how
26. Commissioners of flour inspection, approved, etc. --
appointment of ; their duties. 32. Repealing clause to act. Assembly,
27. Appeal from judgment of inspector of Aug. 21, 1871.
flour to Commissioners; remedy.
SEC. 1. That in lieu of the board of health now authorized by law,
the Commissioners of the District of Columbia shall appoint a phy-
sician as health-officer, whose duty it shall be, under the direction
of the said Commissioners, to execute and enforce all laws and regu-
lations relating to the public health and vital statistics, and to per-
form all such duties as may be assigned to him by said Commis-
sioners; and the board of health now existing shall, from the date
of the appointment of said health-officer, be abolished.*
SEC. 2. The salary of the health-officer shall be three thousand
dollars per annum; and the salary of the sanitary inspectors shall
not exceed the sum of one thousand two hundred dollars per annum.
each ;
And the salary of the clerk and other assistants of the health-
officer shall not exceed in the aggregate the amount of seven thou-
sand dollars, to be apportioned as the Commissioners of the District
of Columbia may deem best.
SEC. 3. There may be appointed by the Commissioners of the Dis-
trict of Columbia, on the recommendation of the health-officer, a
reasonable number of Sanitary inspectors for said District, not
exceeding six, to hold such appointment at any one time, of whom
two may be physicians, and one shall be a person skilled in the mat-
ters of drainage and ventilation; and said Commissioners may
remove any of the subordinates, and from time to time may pre-
scribe the duties of each ; and said inspectors shall be respectively
required to make, at least Once in two weeks, a report to said health-
officer, in writing, of their inspections, which shall be preserved on
file; and said health-officer shall report in writing annually to said
Commissioners of the District of Columbia, and so much oftener
as they shall require.
Clerks to health SEC. 4. The Commissioners may appoint, On the like recommend-
officer.
Ibid., sec. 10.
ation of the health-officer, a reasonable number of clerks, but no
greater number shall be appointed, and no more persons shall be
employed under said health-officer, than the public interests demand
and the appropriation shall justify. s
In spector of SEC. 5. There shall be appointed by the Commissioners of the
plumbing to be ap- District of Columbia, an inspector of plumbing for said District,
pointed.
1878, June 11,
whose duty it shall be, to inspect all houses in course of erection,
and pass upon the plumbing, and Sewerage of Said houses.
ch. 180.
Jan. 25, 1881.
21 Stat., ch. 27, p. 318. 1 Sup. R. S., 590. 2 Sup. R. S., 314.
#See Washington City ordinance in regard to nuisances. . Webb's Dig., p. 209 and 211, secs. 3 and 6.
Duty of health officer to keep register of dentists receiving required certificate of board of exami.
ners. Act June 6 1892, ch. 89, Sec. 6. & e
For act of Congress for º and spread of Scarlet fever and diphtheria. See act approved
Dec. 20, 1890, 26 Stat., 692, ch. 25, 2 Sup. R. S., p. &
Health-officer may call on police to aid him. See Sec. 380, R. S. D. C. *
See also in regard to preservation of health. Secs. 72 and 381 to 385, R. S. D. C., title, “Metropoli-
n Police.”
*ś. hospital. See ch. 23, Act Leg. Assem., Jan. 19, 1872, p. 20; also 1 Sup. R. S., p. 580.
+ Act April 23, 1892, Stat. L., ch. 53, p. 21. -
CHAPTER xxviii.-HEALTH. * 261
SEC. 6. And the health officer of the District of Columbia is hereby , Plumbing regu-
authorized, under direction of the Commissioners, to execute and ºf 9 º'
& * & & * forced by health
enforce regulations governing plumbing, house drainage, and the
* * * * * officer.
ventilation of house sewers. - 1878, June 11,
- & ch. 180, secs. 3, 8.
Ibid.
SEC. 7. And any person who shall neglect or refuse to comply Penalty for vio-
with the requirements of the said regulations when promulgated lation of plumbing
shall be punishable by a fine of from twenty-five to two hundred regulations.
dollars for each and every such offense, or in default of payment of Ibid.
fine to imprisonment for thirty days.
SEC, 8. The ordinances of the late Board of Health of the District, Ordinances of
of Columbia, as revised, amended, and adopted, November nine-º.9ſ, health.
teenth, eighteen hundred and seventy-five, entitled “An ordinance Fºun-
to revise, consolidate, and amend the ordinances of the Board of Tºº ºf Tº
Health, to declare what shall be deemed nuisances” injurious to Pº".
health, and to provide for the removal thereof.”, as printed in the º: 4
report of said late Board of Health made to the first session of the D. R. S. O'14.
Forty-fourth Congress, being executive document number one, part
eight, be, and the same are hereby, legalized ; and the respective
penalties therein prescribed for violations thereof may be imposed
and enforced for the respective offenses therein described, excepting
the Sections of said ordinance following, namely: Sections seven,
nine, and fourteen, which said sections are not hereby legalized. †
SEC. 9. The ordinances, rules, and regulations of said late Board
of Health contained in the report mentioned in the preceding Section,
and printed in the said executive document thereinmentioned, namely:
First. “An ordinance to amend an ordinance to prevent domestic
animals from running at large within the cities of Washington and
Georgetown, passed by the Board of Health May nineteenth, eighteen
hundred and seventy-One”; -
Second. “An ordinance to prevent the sale of unwholesome food,
in the cities of Washington and Georgetown”; -
Third. “An ordinance to provide for the inspection of streets,
food, live stock, fish and other marine products, in the cities of
Washington and Georgetown, and to define the duties of inspectors
and other officers of the Board of Health”;
Fourth. “An ordinance to amend section ten of the code so as to
read”;
Fifth. An ordinance to amend an ordinance passed May thirteenth,
eighteen hundred and seventy-three, to read as follows”;
Sixth. “An ordinance to prevent committing or creating nuisances
in or about public urinal or urinals located within the cities of Wash-
ington and Georgetown’’;
Seventh. “Rules and regulations in regard to Small-pox”;
Eighth. “Regulations to secure a full and correct record of vital
statistics, including the registration of marriages, births, and deaths,
the interment, disinterment, and removal of the dead in the District
of Columbia”, be, and the same are hereby, legalized and made
valid; and the penalties therein provided respectively for violations
thereof, may be imposed and enforced for the violations of the same
respectively, as provided by section twenty-seven of the ordinances
passed November nineteenth, eighteen hundred and seventy-five. I
SEC. 10. It shall be the duty of the Health Officer wmder the direc- Health officer
tion of the Commissioners [Board of Health] of the District of Co- tº sººre, eºrd
lumbia to make and enforce regulations to secure a full and correct tºtal statistics,
* 3 Mackey Rep., 343, D. C. vs. Gaslight Co., 1 Sup. R. S., 575, ordinance Nov. 19, 1875.
f Congress may legalize acts of a municipality or officer, 97 U. S. Rep, 692 Mattingly, vs. D. C.
f These ordinances appear in 1 Sup. R. S., p. 575 to 58?; 2 Sup. R. S., p. 304 to 311.
262
CHAPTER xxvii.I.-HEALTH.
June 23, 1874.
18 Stat., 283.
; 1 Sup. R. S., 117.
Births to be re-
ported to health
officer within six
days; penalty for
neglect.
Leg. A S S em...,
Aug. 18, 1871, Sec.
1, p. 46.
Health Officer,
etc., to issue reg-
ulations with view
to prevent or re-
move formidable
epidemics and dis-
GàSeS.
Regulations to
be advertised in
newspapers.
And to be sub-
ject to modifica-
tion and approval
by the Commis-
sioners.
Leg. ASSem. .
June 19, 1872, ch.
4, Sec. 1, p. 6.
And to include
instructions for
the speedy inter-
ment of the dead,
house visitation,
etc.
When infected
Clothing, bedding,
etc., of poor per-
sons shall be de-
stroyed, pursuant
to such regula-
tions. Compensa-
tion shall be paid.
Ibid., sec. 2.
Removal of per-
Sons to public hos-
pitals provided
for. i
Penalty pre-
scribed for refusal
record of vital satistics, including the registration of deaths and the
interment of the dead in said District. *
SEC. 11. It shall be the duty of every physician, accoucheur, or mid-
wife, who shall attend at the birth of any infant within the District
of Columbia, to forward a report to the Health Officer [Board of
Health] of said District within six days after such birth, stating
distinctly the date of birth, the sex and color of the child thus born,
its physical condition, whether stillborn or not, and the name and
nativity of the parents of such child ; and any such physician,
accoucheur, or midwife, who shall fail to report as herein required
shall be punished by a fine of not less than five nor more than ter
dollars for each and every such offense. - .
SEC. 12. It shall be the duty of the Health Officer wºnder direction
of the Commissioners [Board of Health] of the District of Colum-
bia, whenever in their judgment the said District is threatened with,
or affected by, any formidable epidemic, infectious, or contagious
disease, to issue, or cause to be issued, such Orders, regulations, and
instructions as may, in their judgment, be deemed effective for the
prevention or removal of such disease ; which orders, regulations,
and instructions shall be advertised in at least two daily papers in
the District of Columbia, for a period of thirty days; said orders,
regulations and instructions to be, and remain in full force and
effect, until by the said board revoked: Provided, That the same
may, from time to time, be modified in such manner, as in the judg-
ment of said board, shall be deemed necessary; said orders, regula-
tions, and instructions to be subject to the approval of the Commis-
sioners [Governor.]
SEC. 13. The Orders, regulations, and instructions aforesaid shall
include Orders, regulations, and instructions for the speedy inter-
ment of the dead; for house to house visitation ; for the dispensing
of disinfectants to the poor, which may be calculated to prevent the
spread of such disease; for vaccination ; for the isolation of any
person afflicted with snch disease, and affording such persons
afflicted or threatened with such disease, such aid or hospital accom-
modations as circumstances may require; said orders, regulations
and instructions shall further include directions for cleansing and
purifying, ventilating and disinfecting dwellings, alleys, gutters,
privies, cess-pools, and the like ; clothing, bedding, furniture, and
the like, or, in case of necessity, in their judgment, the destruction
of Such clothing, bedding, or furniture of a textile nature : Provided,
That in the event of the bedding, clothing, or furniture of poor per-
Sons, they shall be reasonably compensated for the loss of the same
Out of any moneys in the treasury [of the Board of Health, not oth-
therwise appropriated. -
SEC. 14. Whenever, in their °º. the complete isolation of any
person Suffering from any such disease (the same being an inmate of
any tenement house, lodging-house, boarding-house, or hotel in the
District of Columbia) cannot be secured by other means, such per-
son shall be removed as expeditiously as possible under the direction
of the Health officer wmder direction of the Commissioners [Board of
Health] to the public hospital for treatment, and any person suffer-
ing from any dangerous, infectious, or contagious disease, or any
person having the care, charge, or control of such diseased person
who shall refuse to comply with the provisions of this section, or
who shall resist the enforcement thereof by proper authority, shall
be liable to a fine of not less than ten dollars nor more than fifty
º of marriages to be made to the health office. See sec. second of health ordinances.
Aug. 28, 1874, 1 Sup. R. S., p. 581.
GHAPTER xxviii.-HEALTH.
263
~,
dollars; and in case of the person having charge or control of such
diseased person, to imprisonment in the District jail for a period of
not more than thirty days, in addition to the fine aforesaid.
SEC. 15. The proprietor of any tenement house, lodging-house,
boarding-house, or hotel in the District of Columbia, shall, in the
event of any person living in such house becoming afflicted with
any such disease, at once notify the Health officer [Board of Health]
thereof in writing. ... For a refusal to give the notice herein provided,
the person so offending shall be liable to a fine of not less than ten
dollars nor more than fifty dollars for each offense. *
SEC. 16. Any person suffering from any such infectious or conta-
gious disease, who shall willfully expose himself in any street, public
place or conveyance, or any person having the care, charge or control
of such diseased person, or any owner or driver of any such convey-
ance who does not immediately provide for the disinfection of the
same, after it has conveyed such j person; and any person who
gives, lends, sells, transmits or exposes any clothing, bedding rags,
or other things which have been exposed to infection, shall, on con-
viction, be liable to a penalty of not less than ten dollars nor more
than one hundred dollars.
SEC. 17. Any person who shall iet to any other person any house,
room, or part of a house in which any patient has been confined by
reason of such disease, without having such room, house, or part of
a house completely disinfected to the satisfaction of the Health officer
[Board of #. as certified by him, such person shall be liable to
a penalty of not less than ten dollars, mor more than fifty dollars
for each offense. - .
SEC. 18. That whenever any contagious, infectious, or communi-
cable disease affecting domestic animals, and especially the disease
known as pleuro-pneumonia, shall be brought into or shall break
out in the District of Columbia, it shall be the duty of the Commis-
sioners of said District to take measures to suppress the same
promptly and to prevent the same from spreading; and for this
purpose the said Commissioners are hereby empowered to order and
require that any premises, farm, or farms where such disease exists,
Or has existed, be put in quarantine; to Order all or any animals
coming into the District to be detained at any place or places for the
purpose of inspection and examination; to prescribe regulations for
and to require the destruction of animals affected with contagious,
infectious, or communicable disease, and for the proper disposition
of their hides and carcases; to prescribe regulations for disinfection,
to comply with
this section.
Ibid., sec. 3.
Notice required
from proprietor of
tenement houses,
etc., as to presence
of an inmate af-
flicted with such
disease; penalty
for neglect.
Ibid., sec. 4.
Penalty for not
disinfect in g ve-
hicles, or selling
etc., clothing,etc.,
of infectious per-
Sons; or exposing
of such persons in
Streets, etc.
Ibid., Sec. 5.
Penalty for let-
ting rooms with-
out disinfection.
Ibid., sec. 6.
60 N.Y. Rep.,229,
Cesar vs. Karutz;
112 Mass. Rep.,447,
Minor vs. Sharon.
Contagious dis-
eases, etc., of ani-
mals; pleuro-
pneumonia; du-
ties of Commis-
sioners in relation
thereto.
May 29, 1884, 23
Stat., p. 33, Sec. 8.
2 Sup. R. S., 437.
and such other regulations as they may deem necessary to prevent
infection Or contagion being communicated, and shall report to the
Commissioner of Agriculture whatever they may do in pursuance.
Of the provisions of this section.
SEC. 19. That it shall be the duty of the several United States
district attorneys to prosecute all violations of this act which shall
be brought to their notice or knowledge by any person making the
complaint under oath; and the same shall be heard before any dis-
trict or circuit court of the United States or Territorial court holden
. the district in which the violation of this act has been com-
IYll U1562C1. g
* SEC. 20. The Commissioners [Governor] shall appoint for the
said District three inspectors of flour who shall be competent judges
of flour; Said inspectors to hold said offices two years, unless sooner
removed by the Commissioners [Governor.]
Duty of district
attorneys under
violations of act.
Ibid., Sec. 9.
Appointment of
inspectors of flour.
Term of Office.
Leg.
Assem.,
Aug. 21, 1871, ch. 62, sec. 1, p. 69.
264 Chapter xxviii.-HEALTH.
Oath of inspect- SEC. 21. The said inspectors, before entering on the duties of their
ors of flour. office, shall make oath or affirmation before a justice of the peace
Ibid., sec. 2. that without favor, affection, malice, partiality, or respect of per-
son, they will diligently and carefully view, examine, and inspect,
to the best of their skill and knowledge, all flour required by this
act to be inspected by them; that they will not pass, or cause to be
passed, any barrels or half-barrels of flour which are not, in their
judgment, clean, sweet, and merchantable, according to the direc-
tions of this act; also, that they will not charge, ask, or take, or
receive any other or larger fees for doing their duty as inspectors of
flour than are mentioned and directed by this act, and will diligently
and carefully view and examine all barrels and half-barrels contain-
ing flour; and that they will not mark Or pass, or cause to be passed,
any barrel or half-barrel of flour unless the barrel or half-barrel be
of the size and quality required as by this act.
º *9 SEC. 22. All barrels and half-barrels containing flour manufac-
wº . . tured within the District of Columbia, or brought to the same
form. for sale, shall be well made, of good, Seasoned material, and tight-
ened with ten hoops, sufficiently nailed, with four nails in each chime-
hoop, and three nails in each upper bulge-hoop, and of the follow-
ing dimensions, namely: The staves of all barrels to be in length not
less than twenty-seven inches, the diameter at the head to be seven-
teen inches; the staves of all half-barrels to be twenty-two inches in
length, and the diameter of the head thirteen inches. Flour barrels
Weighing not less than sixteen pounds, tared or marked on the
branded head, shall be deemed merchantable. Every miller or bolter
of flour shall provide and have a distinguished brand, or mark every
barrel or half-barrel of flour before inspection, and the said inspect-
ors are hereby directed to condemn any barrel or half-barrel which
Ibid., sec. 3. is not prepared agreeably to the directions of this act.
Miller's marks.
Inspector's duty.
ºº: SEC. 23. All flour and every barrel and half-barrel of flour manu-
flour and penalty
j. factured within the District of Columbia, or brought to the same for
etc. Sale, shall, by the manufacturer, be made merchantable and of due
fineness, without false packing or mixture, and if there is any false.
Ibid., sec. 4. packing or mixture the manufacturers or persons offering the same
for sale or inspection shall forfeit and pay the sum of five dollars for
each and every such barrel and half-barrel.
****, SEC. 24. Every miller or bolter of flour shall put into barrels the
t t it f º tº ë º
ºan 1 U y O quantity of One hundred and ninety-six pounds, and into half-barrels
the quantity of ninety-eight pounds; and if any miller or bolter of
flour shall pack any barrel or half-barrel with a less quantity of flour
than by this act is required, he shall forfeit, if the deficiency be one
pound, a sum not exceeding ten cents, and for every pound above
Inspector's duty one deficient twenty-five cents. And the inspector is hereby required,
* * * * whenever he has any reason to suspect any barrel or half-barrel con:
taining flour to be falsely tared, to cause the flour to be started, and
the barrel or half-barrel weighed; and whenever it shall appear
that the barrels and half-barrels weigh more than they are marked
by the miller or owner, the said miller or owner shall forfeit and
wº pay for every such offense at the rate of twenty-five cents for every
Ibid., sec. 5 pound after the first that the barrel or half-barrel may improperly
weigh, and shall moreover pay twenty-five cents for each and every
barrel Or half-barrel, unless, on examination, the tare should prove.
correct; then, and in that case, the cost and charges shall be paid
by the inspector.
Penalty for short
weight.
Inspectiºn of SEC. 25. All and every barrel and half-barrel of flour manufac-
*..."..."; tured in the District, or brought to the same for sale, shall be sub-
of Columbia. ject to the examination of the inspector, by boring, searching, and
CHAPTER XXVIII.—HRALTH.
265.
trying it through with an instrument, not exceeding five-eighths of
an inch in diameter, to be provided by the inspector for that pur-
pose, who shall afterwards plug up the hole with a round plug made
of soft wood, so as to prevent the entrance of water, and if the
inspector shall judge the same to be merchantable according to the
direction of this act, he shall, at the time of inspecting, mark or
brand on the head or quarter of every barrel and half-barrel of flour,
in letters one-half inch in length, the word “Georgetown”, if
inspected in Georgetown, and “Washington’’, if inspected in Wash-
ington, together with the word or words designating the degree of
fineness which he shall, at the time of inspection, determine said
flour entitled to, with the exception of the degree of Superfine, which
he shall mark or brand over the quarter; and the several degrees in
quality shall be distinguished as follows: Family, Extra, Superfine,
Fine, and First Middlings.
And for the inspection of which the said inspector shall have and
receive of the owner or agent of said flour, for each and every barrel .
and half-barrel, one cent and one drawing of flour for all inspected
in Washington or Georgetown ;
And every barrel or half-barrel of flour which shall prove, on
examination thereof, to be unmerchantable, according to the true
intent and meaning of this act, the said inspector shall mark on the
head or quarter with a broad arrow.
And no barrel or half-barrel of flour, not examined and branded
by the inspector as aforesaid, shall be sold within the District, under
penalty of one dollar for each and every barrel or half-barrel, to be
paid by the person or persons so offending. [See § 29 of this capter.]
SEC. 26. The Commissioners are [Governor be and is] hereby,
authorized to appoint three good and competent judges of flour—
practical millers, bakers, or flour merchants—two of whom shall be
residents of Georgetown, and one a resident of Washington, as com-
missioners of flour inspection, whose duty it shall be, on the first day
of October, eighteen hundred and seventy-one, and monthly there-
after, to select a standard for each grade of flour named in the sixth
and tenth sections of this act, and each commissioner shall keep a
standard of each grade for the examination of the inspectors, for
their government in inspecting.
SEC. 27. When any person shall think himself aggrieved by the
judgment of the inspector, it shall be lawful for him, within six
days, to apply to the commissioners of inspection, who shall immedi-
ately view and carefully examine the same, and if a majority of such
commissioners declare the quality different from that adjudged by
the inspector, the brand or broad arrow shall be erased, and the
inspector required to put on such brand as they shall adjudge and
determine, the cost of such review to be paid by the inspector; but
should the judgment of the inspector be confirmed, then, and in that
case, the owner shall pay the costs of the review, and each commis-
sioner shall be º to receive the sum of five dollors for his serv-
1C63S.
SEC. 28. The inspector be, and is hereby, authorized to require
the COOperage of any wet or light flour which he may inspect, in
Order to make it merchantable; and no inspector shall purchase,
directly or indirectly, any flour other than for his own use, under a
penalty of ten dollars for each barrel or half barrel purchased.
Pay of inspector.
Unmer chan t-
able flour to be.
branded, etc.
Penalty for sell-
ing in violation of
aCt.
June 4, 1878.
20 Stat., 91.
2 Sup. R. S., 169.
Appointment of
Commissioners of
flour inspection;
their duties.
Leg. Assem.,
Aug. 21, 1871, sec.
7, p. 72,
Remedy of ag-
grieved persons;
appeal to commis-
Sioners of inspec-
tion; remedy.
Ibid., sec. S.
Inspectors to re-
Quire cooperage.
when necessary.
Not to purchase
except for their
OWIl U1Se.
Penalty.
Ibid., sec. 9.
266
CHAPTER xxIx.—HIGHWAYS, ROADS, AND BRIDGES.
A did it i on a 1
grades of flour es-
tablished.
Ibid., sec. 10.
Pen a lit y for
fraudulent mark-
ing or packing
flour.
Ibid., Sec. 11.
B O n d of in-
spectors; how ap-
proved.
Ibid., sec. 12.
Repealing clause.
Ibid., sec. 14.
SEC. 29. In addition to the grades of flour established by the sixth
section* of this act, there is hereby established two grades of rye
flour, namely, first and second quality; and it shall be the duty of
the inspector to brand or mark under the inspection mark, the
words, “rye flour” on all flour made of this grain.
SEC. 30. Any person or persons who shall alter, erase, or deface
the mark or brand made on any barrel or half-barrel of flour by the
inspector, or shall mark or brand any barrel Or half-barrel which
has not been inspected, with any mark Or brand similar to Or in imi-
tation of that made by the inspectors, or after the inspectors shall
have passed any barrel or half-barrel of flour as merchantable, shall
add any mark or brand designing a quality different from that
determined upon and made by the inspector, or shall pack into said
barrel or half-barrel of flour that shall be branded or marked with
the broad arrow, shall unpack and repack the same in other barrels
or half-barrels, or shall in any manner pack flour into barrels or
half-barrels already branded, without erasing therefrom the marks
or brands, such person or persons shall forfeit and pay the sum of
five dollars for every such offense. - -
SEC. 31. Before the inspectors shall enter upon the execution of
their office they shall each give bond, with Security, to be approved
by the Commissioners [Governor,.] in the sum of two thousand dol-
lars, for the faithful performance of the duties of their office.
SEC. 32. All laws of the corporation of Washington, and the cor-
poration of Georgetown, applying to the inspection of flour, be, and
the same are hereby, repealed.
* Sixth section, act Aug. 21, 1871; Superseded by Sec. 25 of this title,
CHAPTER TWENTY-NINE.
HIGHWAYS, ROADS, AND BRIDGES.
Sec. Sec.
1. What are public highways. (NOTES.— | 16. Same subject, what jury shall con-
Contracts for, regulated. Provision sider. .
for permanent system of. Regula- 17. Same subject, verdict of jury and
tion and control of bridges.) procedure.
2. Jurisdiction over roads and bridges | 18. Same subject, owners of land are
vested in Commissioners of the dissatisfied with verdict, proced-
District of Columbia. Ull'63.
3. Survey of public highways, records, 19. Same subject, verdict of second jury
€t.C. . conclusive.
4. Boundaries of public highways to be 20. Same Subject, costs, by whom paid.
marked. 21. Same subject, fees of marshal and
5. Roads, their width and location reg- jurors.
ulated. 22. Materials for use on public roads,
6. Roads, when fields, etc., not to be how condemned.
taken for. 23. Willful injury to public road, penalty
7. Roads, when may be changed, laid for.
out, or widened. 24. Obstructing free use of highways,
8. Same subject, notice of; and objec- penalty for. -
tions to be heard. 25. Penalties prescribed in sections 23
9. Same subject, when route objected and 24, how collected and disposed
to, etc. of.
10. Same subject, after notice and no | 26. Aqueduct bridge, control of. (NOTES.
objection made. —Duties of Engineer Commissioner
11. Same subject, when notice waived. as to roads and bridges. Statute
12. Same subject, when owners object as to Eastern Branch bridge. Stat-
and claim damages; how assessed. ute as to free bridge across Poto-
13. Same subject, notice to claimants mac. Ordinances of Washington
for damages. City as to bridges.)
14. Same subject, when minors own 27. Bridge across Rock Creek at Woodley
land objection presumed and dam- Lane road; free.
ages assessed. 28. Free public highway from George-
15. Same subject, jury to be summoned town toward Rockville, Md.
to assess damages; oath of. 29. Proviso to previous section.
CHAPTER xxix.-HIGHWAYS, ROADS, AND BRIDGES. - 267
SEC. 1. All public roads within said District, outside the limits of , What are public
Washington and Georgetown, which have been duly laid out or *ways.
declared and recorded as such, are public highways. * Mar. 30, 1810.
2 Stat., 569. Sec. 246, R. S. D.C. 1 MacArthur Rep., 83, Reeves vs. Hickey.
SEC. 2. The Commissioners [legislative assembly] shall have the . The Com mis-
care and charge of and the exclusive jurisdiction over, all the public º to have
roads and bridges, except such as belong to and are under the care. º
of the United States, and except such as may be otherwise specially .
provided for by Congress. pº 247, R. S.
148 U.S. Rep., 92, St. Louis vs. Telegraph Co.; 149 U.S. Rep., 465, ibid.
SEC. 3. Every public highway shall be surveyed and platted, and, Public highway;
a certificate of the survey and plat shall be recorded among the tºesedand
records used for recording surveys and plots of highways. TeCOTC16Cl.
pº 248, R. S.
SEC. 4. The boundaries of every public highway shall be perma-, Boundaries, #9
nently marked and fixed by the erection of stones or posts at the dif- lºane ntly
ferent angles thereof. -
Sec. 249, R. S.
D. C.
SEC. 5. In laying out new roads, the proper authorities charged, Width and loca-
therewith shalſ cause such roads to be of a width not less than fifty” ºf *
nor more than one hundred feet, and may also cause the width of Sec. 250, R. S.
any existing roads to be increased to not more than one hundred D. C.
feet, and may change the location of any of them as may be deemed
best for the public interest.
SEC. 6. No field, garden, or yard in actual cultivation shall be laid Fields, gardºns:
open or used as a public highway until after the usual time of taking ...;tº:
off the crops growing thereon. roads.
Sec. 251, R. S.
D. C.
SEC. 7. Whenever application shall be made to the proper author- Laying out or
ities, by residents of the District without the limits of Washington widening, , or
and Georgetown, to lay out a new or alter any existing road, and * *
whenever such authorities shall deem it conducive to the public Sec. 252, R. S.
interests to open a new road, or widen or change the course of an old D. C.
one, the route of such road shall be surveyed, and a plat or map of
the same prepared.
SEC. 8. The proper authorities shall cause notice to be given, by Notice to be giv-
advertisement twice a week for three weeks, of the proposed opening ºn and objections
of the new road, or of the alteration of an existing one, calling upon "*
all persons who may have any objections thereto to present them to Sec. 253, R. S.
such authorities at their next regular meeting, when, if any objec- D.C.
tions are made, such objections shall be heard.
SEC. 9. If the route only is objected to, and another suggested as Proceedings
more advantageous, such route may be adopted, or five discreet, º º &
disinterested men, of whom the surveyor shall be one, may be:...
e e proposed.
appointed to examine all the proposed routes and report such one as . . . osm f <
they shall deem most feasible and advantageous to the District, and sº 254, R. S.
such report shall be made to the authorities at their next meeting. • * *
* Contracts for highways, etc., regulated. 20 Stat., ch. 180, sec. 5, p. 10601 Sup., R. S., p. 343.
Provision for permanent system of highways outside of cities; Stat. L., ch. 114; Mar. 2, 1893.
3 #. Commissioners wested with the regulation and control of bridges. See Stat. L., ch. 115; Mar.
*** e
1. For general condemnation law, see act approved Aug. 30, 1890; 26 Stat. L., 412, sec. 3; ibid., p. 157,
“opening of Thirty-seventh street. The Washington City Post-Office site was condemned under the
:act approved June 25, 1890; 26 Stat. L., 174, and as amended, ibid., secs. 3, 5, pp. 412, 413, Aug. 30, 1890.
The Rock Creek Park act was passed Sept. 27, 1890; 26 Stat. L., 492 ; see also 147 U. S. Rep., 282,
Shoemaker, 9 Mackey Rep., 104, U.S. vs. Cooper; 98 U. S. Rep., 403, Boom Co. vs. Patterson.
268 CHAPTER xxix. —HIGHWAYS, ROADS, AND BRIDGES.
When nº objeº: , SEC. 10. If no objection to opening or altering a road is made by
º: made after the owners of the land through which it must pass, after such notice,
tº it shall be taken for granted that no damages are or will be claimed,
Sec. 255, R. S. and the road may be recorded and opened, and shall then be a publić.
D. C. road or highway. *
Wºº, SEC. 11. The notice required to be given by section two hundred
agreed. and fifty-three need not be given when all the parties interested are:
*. ſº agreed, and all roads laid out under such agreement without notice.
pº * R. S. being given are lawful highways. - -
V
lº"...”. SEC. 12. If any owner of land shall object and claim damages, and
..., i.e. “the amount cannot be agreed upon, the proper authorities shall direct.
ty the marshal of the District to summon a jury of seven judicious,
pº *7, R. S. disinterested men, not related to any party interested, to be and
e * * appear on the premises on a day specified to assess the damages, if
any, which each owner of land through which the road is to pass.
may sustain by reason thereof. •.
Marshal to give SEC. 13. It shall be the duty of the marshal, upon receiving the
* * * order mentioned in the preceding section, to give the owners not less.
Sec. 258, R. S. than ten days’ notice of the time and place of the meeting of the jury
. C. to assess their damages.
Yºº SEC. 14. In cases where notice cannot be served on the owner, and
shall be presumed. ; & & tº -
in all cases where the land through which it is proposed to run a
Sec. 259, R. S. road shall belong to a minor or minors, it is presumed that objection
. C. is made, and damages shall be assessed accordingly.
nº SEC. 15. The marshal shall summon a jury and administer an oath
... “ or affirmation to them that they will, without favor or partiality to
* any One, to the best of their judgment, decide what damage, if any,
Sec. 360, R. S. each owner may sustain by reason of running the road through his
D. C premises. -
What the jury SEC. 16. In making their decision the jury shall take into con-
*** sideration the benefit such road may be to each owner by enhancing
Sec. 261, R. S. the value of his land, or otherwise, and shall give their verdict.
D. C. accordingly.
wº “...; SEC. 17. The jury, having been upon the premises and assessed
Verdict. * the damages, shall make out a written verdict, to be signed by them,
*{ - or a majority of them, and attested by the marshal, which the mar-
tº sº. * * shal shall transmit to the proper authorities at their next meeting,
tº *-* † and which shall be recorded. -
... When a second SEC. 18. If the proper authorities, or any owners of the land are
.*... dissatisfied with the verdict thus rendered, and no arrangement being
moned ; proceed- | } - * * * Arº º * * 85
ings. made between them, the marshal shall be ordered to summon a
-- second jury of twelve judicious, disinterested men, not related to
º: * * * any one interested, to meet and view the premis living the parties.
D. C. any * 2 2 -- ~ 4-> premises, giving par
interested at least ten days' notice of the time and place of meeting:
And the marshal and jury shall proceed as before directed in regard.
to the first jury.
Verdict of second SEC. 19. The verdict of the second jury, signed by each of the
jº “” jurors, or a majority of them, shall be returned to the proper
Sec. 264, R. S. authorities at their next meeting and recorded as final and conclu-
. C. sive, * the road shall then be declared a public road, and opened.
a.S Sll CI] .
CHAPTER xxIx.—HIGHWAYS, ROADS, AND BRIDGES. 269
SEC. 20. In all cases where it becomes necessary to summon a Costs, by whom
second jury to assess damages, if the amount assessed by the second Pº:
jury shall not be greater than the amount assessed by the first, the Sec. 265, R. S.
costs of the second jury shall be paid by the parties objecting to the D. C.
first verdict; but if greater, they shall be paid by the District. All
expenses up to the Second jury shall be paid by the District.
SEC. 21. The following fees are payable under the provisions of Fees of marshal
this chapter : - and jurors.
For summoning each juror the marshal shall be entitled to fifty sec. 266, R. S.
cents. D. C.
For travel, per mile, going and coming to the premises to be
examined, twelve and a half cents. -
For each day’s attendance, two dollars and fifty cents.
For each day’s attendance of each juror, two dollars.
SEC. 22. In any case where materials of any kind shall be deemed Materials, how
necessary for making or repairing a public road, if the proper authori- º Pº “”
ties cannot agree with the owner as to their purchase, such materials i.
may be condemned in the manner as provided for in this chapter in , Sec. 367, R. S.
cases of condemnation of land for the purposes of a public road. . C.
SEC. 23. If any person shall alter or in any manner obstruct or Penalty for will-
encroach on a public road, or cut, destroy, deface, or remove any ful injury to pub-
mile-stones set up on such road, or place any rubbish, dirt, logs, or **
make any pit or hole therein, such person may be indicted, and upon Sec. 268, R. S.
conviction thereof before the proper court, shall befined orimprisoned, D. C.
In the discretion of the court, according to the nature of the offense.
SEC. 24. Any person who, without lawful authority, shall obstruct Penalty for ob-
the free use of any of the public highways, which had been used sººting free use
and recognized as public county roads for twenty-five years prior to *****
May third, eighteen hundred and sixty-two, and which were there- Sec. 269, R. S.
after duly surveyed, recorded, and declared public highways accord- P. C.
ing to law, shall be subject to a fine for each offense of not less than
one hundred nor more than two hundred and fifty dollars, and be
imprisoned till the fine and costs of suit and collection of the same
are paid. - -
SEC. 25. The fines provided for in the preceding section shall be Fines, how col-
collected in the name of the United States [for the use of that por-lected and dis-
tion of the District outside of the limits of Washington and George- Posed of:
town]. [See § 316, R. S. D. C.] Sec. 270, R. S.
D. C
SEC, 26. The new free bridge, agross the Pºtomac [Aqueduct], is nº...";
hereby placed under the jurisdiction of the Commissioners of the *...'. &e:
District of Columbia. * - - District Columbia.
July 18, 1888. 25 Stat., 319.
SEC. 27. The Commissioners of the District of Columbia, are hereby Bridge across
authorized and directed to cause to be constructed agross Rock §: º a t
Creek, on the Woodley Lane Road, in the District of Columbia, a ...?"}...”.
> * : º e e Road, District of
substantial stone or iron bridge, with necessary approaches; and the Columbia.”.” tº
sum of thirty-five thousand dollars is hereby appropriated, out of built, and a free
any money in the Treasury not otherwise appropriated, which said bridge.
sum shall be available immediately upon the passage of this act, for 7 June 19, 1888.
* For duties of Engineer Commissioner in regard to roads and bridges, see 2 Sup. R. S., p. 23, Sec. 3,
-ch. 337; 18 Stat., 117.
Statutes in regard to Eastern Branch bridge, 25 Stat., 138; 18 Stat., 196.
Free bridge across Potomac, 21 Stat., 328; 24 Stat., 84.
Washington City ordinances as to bridges. Webb’s Dig., p. 53.
270
Chapter xxx-HUSBAND AND WIFE.
25 Stat., 197, ch.
423, Sec. 1.
The act authoriz
ing this compila
tion required acts
included in 25 Stat.
uteS.
Free public high.
way from George.
town toward
Rockville, Md. .
Jan. 19, 1883,
22 Stat., ch. 341
408.
the construction of said bridge and approaches, and for such investi-
gation and surveys and such contingencies as the Commissioners of
the District of Columbia shall deem necessary, the same to be main-
tained as a free bridge for travel.
SEC. 28. The Commissioners of the District of Columbia are hereby
authorized and directed to locate, construct, and maintain a free
public highway on and Over that part of the turnpike road of the
company incorporated by the name of “The President, Managers,
and Company of the Washington Turnpike Company ” which leads:
from the boundary of the city of Georgetown to the boundary of the
District of Columbia, towards Rockville, Montgomery County, Mary-
land; said company being the same described in the act of Congress,
approved February twenty-seventh, eighteen hundred and thirteen
(volume two of the Statutes at Large, page eight hundred and eight),
authorizing said company to construct and maintain said turnpike.
road from the boundary of Georgetown to the boundary of the Dis-
trict of Columbia; and for the purpose aforesaid the said Commis-
sioners of the District of Columbia shall have power to purchase, at
the price of three thousand dollars, all real estate and franchises of
said turnpike company necessary for the construction and mainte-
mance of a free public highway.
SEC. 29. The said purchase-money shall be paid by the Secretary
of the Treasury, out of any money in the Treasury not otherwise
appropriated, upon the order of the Commissioners of the District of
Columbia; and such payment shall be in full of all the real estate,
rights and franchises of the said company within the District of
Columbia, and shall operate as a surrender and release of said real
estate, rights, and franchises to the Government of the United States:
Provided, That the toll-house at Tennallytown is not to be included
in said purchase, and the said company shall remove the same after
reasonable notice: And provided further, That one-half of the said
three thousand dollars shall be paid out of revenues derived from
taxation in the District of Columbia.
Provisos.
Ibid., sec. 2,
CHAPTER THIRTY.
HUSBAND AND WIFE.
Sec. - - Sec.
1. Marriage of lunatics void. Lunacy, 10. Penalty on ministers for marrying
how declared. - persons under age without consent,
2. Marriages within certain degrees Of parent Or guardian, etc.
Void. Table of degrees of kindred 11. Alimony, all causes for to be deter-
and affinity. , Marriages to be re- mined by equity court.
ported to health officer. 12. Bigamous or marriages contrary to
3. Penalty for marrying within certain the table in section 2 of this chap-
degrees, etc. . ter, the court may declare void.
4. Marriage, by whom to be celebrated. 13. Who may be licensed to perform
Penalty for violation of this act. marriage ceremony.
5. Penalty for ministers marrying per- 14. License, by whom to be issued.
sons related, etc. 15. License, form of.
6. No person to marry without license , 16. License, record of, where kept.
or bans being published. The pen- || 17. Certificate of minister as to mar-
alty. riage; form of.
7. Persons may not avoid the penalty | 18. Copy of license record to be compe-
of this act (Md. act 1777, ch. 12) tent evidence of marriage. (See
by going out of District to marry. note.)
8. Churches, etc., to be recorded, or | 19. Marriages in foreign countries in
can not publish bans. presence of consular officers; evi-
9. Ministers to return annually list of dence of, how authenticated.
marriages by license. Penalty for | 20. Certain colored persons to be deemed
noncompliance. husband and wife, etc.
CHAPTER xxx. —HUSBAND AND WIFE.
271
Sec.
. Their children legitimate.
. Children of those who have ceased
to cohabit.
. When right of married women to
property is absolute, etc.
. Powers of married women over their
property.
. Married women may contract, Sue,
and be sued.
. Husband not liable, when.
. Divorce, application for, how made.
. Divorce, proceedings in. -
. Divorce, what petition for must
specify.
. Divorce, Summons to respondent.
. Divorce, notice to respondent by
publication, when.
. Divorce, when causes shall be heard.
. Divorce, no judgment without proof;
admissions in answer not evidence.
. Divorce, from bond of marriage,
causes for.
tº Dºce from bed and board, causes
OT,
Sec.
36. Divorce, when granted for causes
occurred out of District.
37. Divorce, when dissolved on account
of former marriage, what decree
must state.
38. Divorce, legitimacy of issue, how
affected by section 37.
39. Divorce, legitimacy of issue after,
on ground of lunacy.
40. Divorce, legitimacy of issue, how
otherwise affected and determined.
41. Divorce, rights of wife to dower and
alimony.
42. Divorce, award of alimony pendente
lite.
43. Divorce, custody and maintenance
of children may be decreed.
44. Divorce, maiden or previous name
of wife may be restored.
45. Divorce, from bed and board, adul-
tery of wife after, power of court
as to alimony, dower, etc.
SEC. 1. In case any person who now is, or at any time hereafter
:: *k sk
and estate * * *
shall be found a lunatic, by any inquisition taken or to be taken
* Or any lunatic Or person under a phrenzy, whose person
hereafter shall be committed to the care and
custody of particular trustees, shall marry before he or she shall be
declared of sane mind * * *
every such marriage shall be, and
is hereby declared to be null and void to all intents and purposes
whatsoever.”
SEC. 2. If any person within this District [state] shall hereafter
marry with any person related within any of the degrees of kindred in certain degrees
or affinity expressed in the following table, such marriage shall be to be void.
void.
A table of the degrees of kindred and affinity within which no 12,
person related shall marry together.
A man shall not marry his
Grandmother,
Grandfather’s wife,
Wife's grandmother,
Father's sister,
Mother’s sister,
Mother,
Step-mother,
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.
A woman shall not marry her
Grandfather,
Grandmother's husband,
Husband’s grandfather,
Father’s brother,
Mother’s brother,
Father, -
Step-father,
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 hus-
band,
Husband's son’s son,
Husband’s daughter's son,
Brother’s son,
Sister’s son.
* Trial by jury required, 3 Mackey Rep., 491, In re Bryant. -
f This table presents the table of degrees of kindred as corrected and modified by the acts of 1785,
ch. 35, and 1790, ch. 20. -
Marriages shall be reported within forty-eight hours to the health officer under penalty of from $25
to $200. See ordinance of board of health, sec. 2, p. 581, wol. 1, Sup. R. S., as amended by act of Con
gress, June 20, 1878, 20 Stat., 102, sec. 8. See also, 1 Sup. R. S., pp. 345, 574 ; 35 Md. Rep., 361, Dennison-
vs. Dennison ; 22 Md. Rep., 468, Harrison vs. Harrison.
Marriage of Ju-
matics void.
15 George II, ch.
30, sec. 1, A. D.
1742.
Alex. Brit. Stat.,
757.
Kilty's Rep., 251.
Marriages with-
Mö. act 1777, ch.
Sec. 1.
Thomp. Dig.,
297
i Dorsey, 130.
1 Kilty, 445,446.
2'ſ 2 CHAPTER xxx. —HUSBAND AND WIFE.
Penalty on mar- SEC. 3. If any person within this District [state] shall hereafter
**dº 9. marry with any person related within the three degrees of lineal direct
* * * consanguinity, or within the first degree of coilateral consanguin-
Ibid., Sec. 2. ity, each of the parties, on conviction thereof in the general court,
shall forfeit and pay five hundred pounds current money [$1333.33%];
and if any person within this District [state] shall hereafter marry
with any person related within any other of the degrees of kindred,
or within any of the degrees of affinity expressed in the said table,
each of the parties so offending shall forfeit and pay two hundred
pounds current money [$533.33%).” -
Marriages, by SEC. 4. The rites of marriage between any white persons, subjects
Whº to be cele- or inhabitants of this District [state, shall not be celebrated by any
*: for vio- person within this District [state, unless by ministers of the church
lation º a of England, ministers dissenting from that church, or Romish priests,
& appointed or ordained according to the rites and ceremonies of their
Ibid., sec. 3. respective churches, or in such manner as hath been heretofore used
96 U.S. Rep., 76, • * * : - - -- ~ : * * º
Mºisier. M. and practised in this District [state] by the Society of people called
35 Md. Rep., 361, Quakers; and if any persons shall celebrate the rites of marriage
Dennison vs. Den- between any white persons as aforesaid, contrary to the true intent
nº 718, R. and meaning hereof, he shall forfeit and pay for every offence five
s...” “*” hundred pounds current money. [$1333.33%.]+
Penalty formin- SEC. 5. If any minister within this District [state] shall knowingly
ister S º celebrate the rites of marriage between any persons related within
rºoms re ** the degrees of kindred or affinity in the said table expressed, (to
– avoid which offence he is to make diligent inquiry,) he shall forfeit
Ibid., Sec. 4. and pay for every offence five hundred pounds current money
[$1333.33}}.}
No person to SEC. 6. No person within this District [state] shall marry without
marry without, li such license' as by this act is directed, or before the names of the par-
.* *ties intending to marry shall be thrice published in some parish
penalty. church or chapel, meeting house, Romish chapel, or other house of
ſºid fiegº. ..., religious worship, in the county where the woman shall have her
Mºś. usual residence, on three several Sundays, by some minister residing
35 Md. Rep. 361, within the same county where the woman to be married usually
Dennison is. Den: lives, (or if a Quaker, before publication of his marriage shall be
mison. made in such manner as hath been heretofore used and practised in
- tº: sº 15 of this state by the people of his society.) under the penalty of five
this chapter, hundred pounds current money; and if any minister shall marry
any person without such license or publication as aforesaid, he shall
forfeit five hundred pounds current money; and if any minister
shall go Out of the county where he resides, and there join together
in matrimony any persons belonging to this District [state, and if
any minister shall go out of this District [state] and there celebrate
the rights of marriage between any persons belonging to this Dis-
trict [state, without such license or publication as above pre-
scribed, he shall forfeit and pay five hundred pounds current money
[$1333.33}].
Penalty for per SEC. 7... If any person belonging to this District [state] shall go
j #. º: º Out of this District [state, and there marry with any person belong-
fºr: cº ing to this District [state, contrary to this act, each of the said
trary to this act, parties shall be liable to the same punishment or penalty as if the
Ibid., sec. 6 offence had been committed within this District [state.]
Churches, etc., SEC. 8. That every parish church, or chapel belonging to the
to be recorded church of England, and every meeting-house, Romish chapel, or
*The fine collected, see sec. 837, R. S. D. C.
f The fine, how recovered. See sec. 837, R. S. D. C.
CHAPTER xxx.-HUSBAND AND WIFE. 273
#
Other house of religious worship, belonging to and used by any sect Ibid.; sec. 7.
or denomination of ghristians, shall be recorded in the records of p.º.º.
the county court of the county wherein such church, chapel, or ...” vs. Den-
house of worship shall be, and none shall be esteemed as such for
the publication of marriage agreeable to this act, unless recorded as
aforesaid.
SEC. 9. That every minister celebrating a marriage by license tº: to be re-
aforesaid, shall annually, in the month of November, return on oath *
a list of the names of the persons, and the time when married, [to Ibid., Sec. 8.
the treasurer of his shore]* under the penalty of two hundred pounds
current money [$533.33%). -
SEC. 10. If any minister shall join in marriage any male under Penalty formal-
the age of twenty-one years, or any female under the age of sixteen ...”
~~~~ * er age, etc.
years, and not before married, without the consent of the parent or
guardian of every such person, personally given, or signified under Ibid., Sec. 9.
the hand and Seal of the said parent or guardian, and attested by R. §§s º:
two witnesses, he shall forfeit and pay five hundred pounds current ...”
money [$1333.33}}. -
SEC. 11. The Supreme Court of the District of Colwmbia [chancel- Chancellor to
lor] shall and may hear and determine all causes for alimony, in as determine all
full and ample manner as such causes could be heard and deter- º *** ****
mined by the laws of England in the ecclesiastical courts there. mony.
Ibid., sec. 14, 21 Wash. Law Rep., 771, Tolman vs. Tolman; 34 Md. Rep., 21, Keerl
vs. Keerl; 33 Md. Rep., 401; 12 Md. Rep., 294, Schindel vs. Schindel; Court in Gen.
Term, Pelz vs. Pelz; Eq. No. 8306, Doc. 22, Mar. 9, 1891.
SEC. 12. The [general] court may inquire into, hear and determine, , Court may de-
either on indictment or petition of either of the parties, the validity º ºn Illar-
of any marriage, and may declare any marriage, contrary to the * *
table in this act, or any second marriage, the first subsisting, null Ibid., Sec. 15.
and void ; and on appeal the depositions and evidence given in the -
cause shall be transmitted with the record to the court of appeals, ...”
and thereupon such cause shall be heard, determined and adjudged
de movo. [See § 788, R. S. D. C.] ,”
SEC. 13. For the purpose of preserving the evidence of marriages ... Who, may be
in the District, every minister of the gospel, appointed or ordained licensed to pe.
according to the rites and ceremonies of his church, whether his res- ...” la ge
idence be in the District or elsewhere in the United States or its Y.
Territories, may be licensed to celebrate marriages in the District. Sec. 718, R. S.
D.C. 1 June, 1870, ch. 115, sec. 4, v.16, p. 147. 3 Wall., 175, Blackburn vs. Craw-
ford; 1 Cranch, C. C., 593, U. S. vs. McCormick; 2 Cranch, C. C., 137, U.S. vs. Lam-
bert; 96 U.S. Rep., 76, Meister vs. Moore.
SEC. 14. Such license shall be issued by the clerk of the Supreme Licenses; by
Court of the District. whom issued.
Sec. 719, R. S. D. C. Ibid.
Form of license.
SEC. 15. Licenses shall be in the following form :$
“To any minister of the Gospel authorized to celebrate marriages in Sec. 720, R. S.
the District of Columbia, greeting : D.C.
“You are hereby licensed to solemnize the rites of marriage *
between , of , and – , of , if you
find no lawful impediment thereto ; and having so done, you are
* The clerk of the supreme court, District of Columbia, takes the place of the treasurer. See sec.
721, R. S. D. C., sec, 16, this chapter.
† The fine, how recovered. See sec. 837, R. S. D. C.
† Who may lawfully contract marriage, See sec. 2 of this chapter.
§ See sec. 12 of McI. act, 1777, ch. 12, as to license, etc., 1 Kilty, 447; 1 Dorsey, 130 ; 112 U. S. Rep.,
495, Md. vs. Baldwin.
18 C S
274. CHAPTER xxx.-HUSBAND AND WIFE.
Commanded to appear in the clerk’s Office of the supreme court of
said District and certify the same. -
“Witness my hand and the seal of said court.
- , Clerk.”
Record of licen- SEC. 16. The clerk shall provide a record-book of his office, con-
SeS. sisting of licenses in the form prescribed in the preceding section,
Sec. 721, R. S. printed in blank, one of which he shall fill up with the names of the
..Q. parties for whose union any license has been issued, and beneath it
Ibid., sec. 5. shall be printed a certificate to be made by the minister who solem-
nized the marriage. [See § 9 ante of this chapter.]
Minister's cer- SEC. 17. The minister's certificate shall be in the following form *
tificate; form. 1, , minister of church in , hereby certify
piº. * * * that, by authority of a license of the same tenor as the foregoing, I
3 Wallace Rep. solemnized the marriage of the parties aforesaid, on the day
175, Blackburn is of —, eighteen hundred and , at ——, in the District of
Crawford. Columbia.
& &
& & 25
Copy of record SEC. 18. A copy of any license and certificate, recorded in the
to be evidence, record-book of the clerk’s office, and certified by the clerk, under his
Sec. 723, R. S. hand and the seal of the court, shall be competent evidence of the
* * * * - marriage. -
Power of United SEC. 19. Marriages in presence of any consular officer of the United
§tates consular of States in a foreign country, between persons who would be author-
iºniº ized to marry if residing in the District of Columbia, shall be valid
#3 ºn mar- to all intents and purposes, and shall have the same effect as if
riages, where re- Solemnized within the United States. And such consular officers
Corded. shall, in all cases, give to the parties married before them a certifi-
Sec. 40s, R. S. cate of such marriage, and shall send another certificate thereof to
& Pºº & 3. the Department of State, there to be kept ; such certificates shall
º the names of the parties, their ages, places of birth, and resi-
6IlC63.
Çertain persons SEC. 20. All colored persons in the District, who, previous to their
§: º actual emancipation, had undertaken and agreed to occupy the rela-
C tion to each other of husband and wife, and were cohabiting together
Sec. 724, R. S. as such, or in any way recognizing the relation as existing on the
º July, 1866 twenty-fifth day of July, eighteen hundred and sixty-six, whether
ch. $46.4. p.236. the rites of marriage have been celebrated between them or not, are
5 Mackey Rep., deemed husband and wife, and are entitled to all the rights and
80, Green vs. Nor- privileges, and subject to the duties and obligations of that relation,
ment; 3. Wallage in like manner as if they had been duly married according to law.
Rep., 176, Black- € e ey y 8-9
burn vs. Crawfords.
Their children SEC. 21. All the children of such persons shall be deemed legiti-
legitimate. mate, whether born before or after the date mentioned in the pre-
sº 725, R. S. ceding section.
Children of those SEC. 22. When such parties have ceased to cohabit before such
who have ceased date, in consequence of the death of the woman, or from any other
to cohabit. cause, all the children of the woman recognized by the man to be
sec. 726. R. S. his shall be deemed legitimate.
. C.
y
PROPERTY-RIGHTS OF MARRIED WOMEN.
Rights of mar: SEC. 23. In the District the right of any married woman to any
...”.” property, personal or real, belonging to her at the time of marriage,
property absolute. or acquired duri *** ~ *-* * ** ther V th by gift Or ->
quired during marriage In any other way than by glſt Or COn
* Ministers and others shall keep a record of marriages, under penalty of $20. See Webb's Digest,
SecS. 2, 3, pp. 48, 49.
+ Evidence of marriage of colored soldiers. See sec. 2037, R. S. U. S.
CHAPTER xxx. —HUSBAND AND WIFE. 275
veyance from her husband, shall be as absolute as if she were unmar. Sec. 727, R. S.
ried, and shall not be subject to the disposal of her husband, nor be D. C.
liable for his debts 10 Apr., 1869,
13, Ole IOT OllS. Cl62 OTS. * g ch. 23, sec. 1, v. 16,
p.45. 8 Mackey Rep., 46, Williams, vs. Reid; 18 Wall Rep., 141, Sykes vs. Chad-
wick; 94 U. S. Rep., 580, Seitz vs. Mitchell; 111 U.S. Rep., 723, Hitz vs. The Bank; 2
Mackey Rep., 344, White vs. Hilton; 5 Mackey Rep., 522, Emmons vs. Harlan; 5
Mackey Rep., 313, Offutt vs. Dangler; 1 Mackey Rep., 1, Harmon vs. Garland; 1
Mackey Rep., 66, Knowles vs. Dodge; 114 U. S. Rep., 430, ibid.; 3 MacArthur Rep.,
349, Darby vs. Freedman's Co.; 1 Mackey Rep., 350, Schneider vs. Garland; 1
Mackey Rep., 496, McDermott vs. Garland; 2 Mackey Rep., 113, Solomon vs. Gar-
land; 2 MacArthur Rep., 427," Fisk vs. Bigelow; 3 MacArthur Rep., 118, Kaiser vs.
jºy. 3 MacArthur Rep., 536, Ritch vs. Hyatt; 18 Wallace Rep., 436, Lucas vs.
l'OO.K.S.
SEC. 24. Any married woman may convey, devise, and bequeath ...Full power of
her property, or any interest therein, in the same manner and with disposal.
like effect as if she were unmarried. [See §§ 450-452, R. S. D. C.]* Sec. 728, R. S.
. D.C. 10 Apr., 1869, ch. 23, Sec. 1, v. 16, p. 45.
SEC. 25. Any married woman may contract, and sue and be sued º.º.º.
tract, Sue, and be
in her own name, in all matters having relation to her sole and j
separate property, in the same manner as if she were unmarried.
Sec. 729, R. S.
D. C. 94 U. S. Rep., 584, Seitz vs. Mitchell.
SEC. 26. Neither the husband nor his property shall be bound by li º n Ot
any such contract, made by a married woman, nor liable for any “* *
recovery against her in any such suit, but judgment may be enforced Sec. 730, R. S.
by execution against her Sole and separate estate in the same manner D.C.
as if she were unmarried. 133 U. S. Rep.,
138, Keyser vs.
Hitz; 6 Mackey Rep., 548, Jackson vs. Hulse; 5 Mackey Rep., 523, Emmons vs. Har-
lan.
DIW ORCE.
SEC. 27. All applications for divorce shall be made by petition to . Applications for
the supreme court of the District. [See $766, R. S. D. C.] divorce.
Sec. 731, R. S.
>;- D. C. 19 June, 1860, ch. 158, sec, i., v. 12, p. 59.
SEC. 28. The proceedings upon a petition for divorce shall be the Proceedings;
same as are had in other cases, except so far as otherwise provided sº *.
in this chapter. - Sec. 732, R. S.
e - D. C.
SEC. 29. The petition for a divorce shall specify the causes there- ...What petition
for with certainty. must specify.
Sec. 733, R. S.
D. C.
SEC. 30. Upon the petition being filed, the clerk shall issue sum- Summons to re-
mons for the defendant to appear and answer. Spondent.
- Sec. 734, R. S.
D. C.
- SEC. 31. If it shall appear by the affidavit of a disinterested wit- Notice by publi-
ness that the defendant is a non-resident of the District, or has been cation. When.
absent therefrom for the space of six months, the court, after the Sec. 735, R. S.
return of one summons not found, may authorize notice of the D. C.
pendency of the petition, to be given by publication, in such manner 4 8 Mackey Rep.,
sº & 31, Richards vs.
as it shall direct. Richards.
SEC. 32. The court shall proceed to hear and determine Such When causes
cause, whenever such summons shall have been served twenty days, shall be heard.
or such publication made forty days before the commencement of sec. 736, E. s.
the term. D. C.
8 Mackey Rep.,
432, Richards vs. Richards.
* 111 U.S. Rep., 723, reversing 1 Mackey Rep., 111.
Alien white woman marrying a citizen thereby becomes a citizen. 6 D. C. Rep, 191, Owen vs.
Kelly; ibid., 7 Wall. Rep., 496.
276 CHAPTER xxx.-HUSBAND AND WIFE.
No judgment SEC. 33. No judgment for a divorce shall be rendered on default
Without Proof, without proof; nor shall any admissions contained in the answer of
Sec. 737, R. S. the defendant be taken as proof of the facts charged as the ground
. C. of the application, but the same shall in all cases be proved by other
3 Mackey Rep., evidence. * & 4
471, Burdette vs. º
Burdette.
Divorce from
bond of marriage;
CallSeS.
SEC. 34. A divorce from the bond of marriage may be granted in
any of the following cases, namely:
|First. Where such marriage was contracted while either of the
Sec. 788, R. S. parties thereto had a former wife or husband living, unless the for-
Pº June, isso, mer marriage had been lawfully dissolved and no restraint imposed
ch. 153 sec. 3. ... on the party contracting such second marriage.
12, p. 59. Second. Where such marriage was contracted during the lunacy
1 June, 1870, ch, of either party.
*ś,º . ... Third...Where either party was matrimonially incapacitated at the
time of the marriage
Rep., 505, Steele s'; * e
*śies: 1 Mac Fourth. Where either party has committed adultery during the
Arthur Rep., 630, marriage.
$999, tº Seºgr; 3 Fifth. For habitual drunkenness for a period of three years of
MacArthur Rep., the party c lained against
§5, Far...F. 3 ºne party,’omplained against. e ‘ o
isºthº Rep. , Sixth. For cruelty of treatment, endangering the life or health of
415, Strait vs. the party complaining.
Strait;...? Mackey Seventh. For willful desertion and abandonment by the party
Rep. º * complained of against the party complaining for the full uninter-
jack. .300 rupted space of two years.
Caton vs. Caton: 1 MacArthur Rep., 34, Jackson vs. Jackson.
Divorce from SEC. 35. A divorce from bed and board may be granted for either
*...and board; of the following causes, namely:
Ca, UlSeS. First. Cruelty of treatment, endangering the life or health of one
Sec. 739, R. S. of the parties. . * -
D.1. June 1860 Second. Reasonable apprehension, to the satisfaction of the court,
ch"15". . . of bodily harm.
12, pp. 59, 60.
Y.; , SEC. 36. Ng diyorge shall be granted for any cause which shall
.** ** have occurred out of the District, unless the party applying for the
& same shall have resided within the District for two years next pre-
sec. 740, R. S. ceding the application.
D. C. Ibid., sec. 5, p. 60. 8 Mackey Rep., 432, Richards vs. Richards
Dissolution of SEC. 37. Upon the dissolution of a marriage on account of either
marriage, 9.8% of the parties having a former wife or husband living, if it shall
*...” * appear that the second marriage was contracted in good faith by the
ge. party whose second marriage has been thus dissolved, and with the
Sec. 741, R. S. full belief on his or her part that the former wife or husband was
D. C. dead, that fact shall be stated in the judgment or sentence of divorce.
. Legitimacy of , SEC. 38. The issue of such second marriage, born or begotten
ISSUL62. before the commencement of the suit, shall be deemed to be the
Sec. 742, R. S. legitimate issue of the parent who, at the time of the marriage, was
. C. capable of contracting. •
Dissolution on SEC. 39. Upon the dissolution of a marriage on account of the
i.". º lunacy of either party at the time of such marriage, the issue of the
g marriage shall be deemed to be legitimate.
Sec. 743, R. S. D.C. r -
* Divorce bars dower, 111 U. S. Rep., 523 Barrett vs. Failing.
No dower in an equity of redemption, 12 Peters' Rep., 201; Stelle vs. Carroll, 6 Mackey Rep., 536
Thompson's estate. - -
fThe statute in force relating to bigamy is: 1 James I., ch. 11; 3 Brit. Stat. L., p. 9; 4 Cranch Ct. Rep.,
188, U. S. vs. Jennegen.
CHAPTER xxxi.-INSANE, THE HOSPITAL FOR. 277
SEC. 40. A divorce for causes not specially provided for in the two Legitimacy, how
preceding sections shall not affect the legitimacy of the issue of the º: gººd
marriage; but the legitimacy of such issue, if questioned, shall be * *
tried and determined according to the course of the common law. pº 744, R. S.
SEC. 41. In all cases where a divorce is granted, the court allowing Alimºny and
the same shall have power, if it see fit, to award alimony to the wife, * * *
and to retain her right of dower. Sec. 745, R. S.
D.C. 91 U.S. Rep., 122, Jacksön vs. Jackson; 1 MacArthur Rep.,291, Fries vs. Fries;
6 Mackey Rep., 502, Bradstreet vs. Bradstreet.
SEC. 42. The court may also award alimony to the wife for her . Alimony pend-
sustenance during the pendency of a petition for a divorce filed for *ē petition.
any of the causes mentioned in this chapter. Sec. 746, R. S.
D. C.
SEC. 43. The court shall also have power to order and direct, in Custody and
every case of divorce, who shall have the guardianship and custody ºnee Of
of the children of the marriage so divorced, and who shall be charged ‘’”
with their maintenance. ps: 747, R. S.
SEC. 44. The court may also, in granting a divorce from the bond Maiden hºe
of marriage, restore to the wife her maiden or other previous name. ****
- Sec. 748, R. S. D. C.
SEC. 45. In case of adultery by the wife, committed after judg- Adultery of wife
ment or sentence of divorce from bed and board, the court may, on sº º ºr
the petition of the husband setting forth and accompanied by legal * * *
proof of such adultery, deprive the wife of alimony from the date . Sec. 749, R. S. .
of her said criminal act, and rescind her right of dower, as well as Pº J 1860,
dispossess her, if the court judge fit, of the care, custody, and guard- chºs. i.
ianship of any child which, under the original judgment of the court i. p. 66. ’’’
in granting the divorce, may have been assigned to her.
CHAPTER THIRTY-ONE.
INSANE, THE HOSPITAL FOR.
Sec. - Sec.
1. Establishment of hospital. 16. Certificate, requirements of.
2. The Superintendent, his appoint- 17. Application by visitor.
ment, bond, qualifications, and | 18. Conveyance to hospital.
duties. 19. Insane persons having property.
3. Salary of superintendent. 20. Admission of nonresidents.
4. Board of visitors. º 21. Admission of persons accused of
5. President of board of visitors. crime.
6. Powers and duties of the board of 22. Insane convicts.
visitors. 23. Private patients.
7. Admission of insane persons of the 24. Pay patients.
- Army, Navy, Marine Corps, etc. 25. Delivery of criminals restored to
8. Insane inmates of National Home Sanity.
for Disabled Volunteer Soldiers to 26. Discharge of patients on bond.
be admitted, etc. 27. Insane not to be confined in jail.
9. Admission of insane of Soldiers' | 28. Appropriations for the insane, how
Home, etc. disbursed.
10. Admission of insane patients of Ma- 29. Persons insane before or after con-
rine Hospital, etc. - viction, how admitted.
11. Indigent insane of District, how ad- 30. Care of insane; Attorney-General of
mitted; expenses of, how paid. United States may contract with
12. Such expenses to be reported, etc. State asylums for.
13. Surplus products and material, how 31. Compensation of State asylums.
disposed of. 32. Convicts restored to sanity to be re-
14. Indigent insane of the District of turned to prison.
Columbia, how admitted. 33. Sanity, how determined.
15. Order of admission.
278
CHAPTER xxxi.-INSANE, THE HOSPITAL FOR. -
Establishment
of the Government
Hospital for the
Insane.
Sec. 4838, R. S.
TJ. S.
The superin-
tendent, his a p-
pointment, bond
ualifications and
uties.
Sec. 4839, R. S.
TJ. S. -
|
Salary of super-
intendent, $4,000.
Mar. 3, 1881.
21 Stat. L., 414.
1Sup. R. S., 602.
Board of visi-
tOrS.
Sec. 4840, R. S.
U. S.
Preside nt of
board of visitors.
Sec. 4841, R. S.
. S.
Powers and du-
ties of the board
of visitors.
Sec. 4842, R. S.
U. S.
Admission of in-
same persons of the
Army, Navy, Ma-
rine Corps, etc.
Sec. 4843, R. S.
U. S.
SEC. 1. There shall be in the District of Columbia a Government
Hospital for the Insane, and its objects shall be the most humane
care and enlightened curative treatment of the insane of the Army
and Navy of the United States and of the District of Columbia. *
SEC. 2. Thé chief executive officer of the Hospital for the Insane
shall be a superintendent, who shall be appointed by the Secretary
of the Interior, " " " and shall give bond for the faithful per-
formance of his duties, in such sum and with such securities as may
be required by the Secretary of the Interior. The superintendent
shall be a well-educated physician, possessing competent experience
in the care and treatment of the insane; he shall reside on the
premises, and devote his whole time to the welfare of the institution;
he shall, subject to the approval of the visitors, engage and dis-
charge all needful and usual employés in the care of the insane, and
all laborers on the farm, and determine their wages and duties; he
shall be the responsible disbursing agent of the institution, and
shall be ex-officio secretary of the board of visitors.
SEC. 3. The salary of the said superintendent [of the Government
Hospital for the Insane] is hereby fixed at four thousand dollars per
annum as originally provided in act of March second, eighteen hun-
dred and sixty-seven.
SEC. 4. Nine citizens of the District of Columbia, to be appointed
by the President, shall constitute a board of visitors of the Hospital
for the Insane. The term of office of three visitors shall expire
biennially on the thirtieth day of June in every alternate year,
dating from the thirtieth day of June, eighteen hundred and fifty-
seven. Should any vacancy occur by death, resignation, or other-
wise, it shall be filled by appointment for the unexpired term of
such visitor. The office of visitor shall be honorary and without
compensation. -
SEC. 5. The board of visitors shall select from their number a presi-
dent, to preside at their meetings for One year, or until a successor
is elected.
SEC. 6. The board of visitors, subject to the approval of the Sec-
retary of the Interior, may make any needful by-laws for the gov-
ernment of themselves, and of the Superintendent and his employés,
and of the patients, not inconsistent with law ; they shall visit the
hospital at stated periods, and exercise so careful a supervision over
its expenditures and general Operations that the Government and
community may have confidence in the correctness of its manage-
ment ; they shall make annually to the Secretary of the Interior a
report for the preceding fiscal year setting forth the condition and
wants of the institution.
SEC. 7. The superintendent, upon the order of the Secretary of
War, of the Secretary of the Navy, and of the Secretary of the
Treasury, respectively, shall receive, and keep in custody until they
are cured, or removed by the same authority which ordered their
reception, insane persons of the following descriptions:
First. Insane persons belonging to the Army, Navy, Marine Corps,
and revenue-cutter service. .
Second. Civilians employed in the Quartermaster’s and Subsist-
ence Departments of the Army who may be, or may hereafter
become, insane while in such employment.
* No person can be confined in invita as an insane person, until he has been found to be insane by
verdict of a jury. 3 Mackey Rep., 489, in re Bryant.
f Marriage of insane person void by statute of 15 George II, ch. 30, A. D. 1742. Alex. Brit. Stat.,757.
\
}
CHAPTER xxxi.-INSANE, THE HOSPITAL FOR. - 279
Third. Men who, while in the service of the United States, in the
Army, Navy, or Marine Corps, have been admitted to the hospital,
and have been thereafter discharged from it on the supposition that
they have recovered their reason, and have, within three years after
such discharge, become again insane from Causes existing at the
time of such discharge, and have no adequate means of support.
Fourth. Indigent insane persons who have been in either of the
said services and been discharged therefrom On account of disability
arising from such insanity. W
Fifth. Indigent insane persons who have become insane within
three years after their discharge from such service, from causes
which arose during and were produced by said service.
SEC. 8. In addition to the persons now entitled to admission to . Insane persons
said hospital, any inmate of the National Home for Disabled Volun- from National
teer Soldiers, who is now or may hereafter become insane shall, tº
5 : . * - :*3 Volunteer Soldiers
upon an order of the president of the board of managers of the said tº "...”.
National Home, be admitted to said hospital and treated therein; etc. 5
and if any inmate so admitted from said National Home is or there-
º º +. gº & º º Aug. 7,1882.
after becomes a pensioner, and has neither wife, minor child, nor ºl. 488
parent dependent on him, in whole or in part, for support, his arrears p. 330. y
of pension and his pension money accruing during the period he shall
remain in said hospital shall be applied to his support in said hos.
pital, and be paid over to the proper officer of said institution for the
general uses thereof. -
SEC. 9. In addition to the persons now entitled to admission to the . Admission of
Government Hospital for the Insane, any inmate of the Soldiers’ same of Soldiers.
Home who is now or may hereafter become insane shall, upon an *:::::::::::
order of the president of the Board of Commissioners of the Soldiers’ paid.
Home, be admitted to said hospital and treated therein ; and the
expenses of maintaining any such person shall be paid from the *śsº
Soldiers’ Home fund.* p. 213.
SEC. 10. That insane patients of said [marine-hospital] service shall. In marine-hos-
be admitted into the Government Hospital for the Insane upon the F. . . .
order of the Secretary of the Treasury, and shall be cared for therein ...'.º:
until cured or until removed by the same authority ; and the charge ment Hospital for
for each such patient shall not exceed four dollars and fifty cents a Insane; charge
week, which charge shall be paid out of the marine-hospital fund. therefor:
* Mar. 3, 1875. 18 Stat., ch. 156, sec. 5, p. 486. 1 Sup. R. S., 191.
SEC. 11. One half of the expense of the indigent persons who may , District Colum-
be hereafter admitted [to the Government Hospital for the Insane] ... º.
from the District of Columbia shall be paid from the treasury of ...#.
& tº £ tº e e ºf e insane Committed
said District Provided, That hereafter such indigent persons shall to hospital.
be admitted only upon order of the executive authority of the said Mar. 3, 1877
District. 19 Stat., ch. 105,
- p. 347. 1 Sup. R. S., 289.
SEC. 12. One half of the expense of the indigent patients from the How such ex-
District of Columbia shall be reported to the Treasury Department, F. repºrted
and charged against the appropriations to be paid toward the expenses * * larged.
of the District by the general government, without regard to the date Mar. 3, 1879.
of their admission. 20 Stat., ch. 182,
p. 395. 1 Sup. R. S., par. 11, p. 461.
SEC. 13. The surplus products and waste material of the hospital Surplusmaterial,
may be sold or exchanged for the benefit of the hospital, and pro- how *P* *
ceeds to be used and accounted for the same as its other funds. Aug. 7, 1882.
22 Stat., ch. 433, p. 330. 2 Sup. R. S., 381.
* All inmates shall be vaccinated immediately on their admission to the hospital. Health ordinance
of Feb. 14, 1873, 1 Sup. R.S., p. 580, par. 2.
280 - CHAPTER xxx I.-INSANE, THE HOSPITAL FOR.
Admission of the SEC. 14. All indigent insane persons residing in the District of
º º Columbia at the time they became insane shall be entitled to the
fºre * * benefits of the Hospital for the Insane and shall be admitted on the
* gº authority of the Secretary of the Interior, which he may grant after
Sec. 4844, R. S. due process of law showing the person to be insane and unable to
TJ. S. support himself and family, or himself, if he has no family, under
the visitation of insanity.
Order of admis- SEC. 15. The Secretary of the Interior may grant an order for the
SLOOl. admission into the hospital of any insane person not charged with a
Sec. 4845, R. S. breach of the peace, when he shall receive the certificate, as pro-
. S. vided in the next section, of any judge of the supreme court for the
District of Columbia, or of any justice of the peace of the District,
and an application in writing, as provided in the next section, by a
member of the board of visitors, requesting that such order may be
issued.
Certificate of SEC. 16. It must appear by the certificate aforesaid that two
judg or justice, respectable physicians, residents of the District, appeared before
Sec. 4846, R. S. Said judge or justice and deposed, in writing sworn to and subscribed
J. S. by them, that they knew the person alleged to be insane; that, from
personal examination, they believe such person to be in fact insane,
and a fit subject for treatment in Said hospital, and that said person
was a resident of the District at the time he or she was seized with
the mental disorder under which he or she then labored. And it
must further appear by such certificate that two respectable house-
holders, resident of the District, appeared before said judge or justice
and deposed, in Writing sworn to and subscribed by them, that they
knew the person alleged to be insane, and that, from a personal
examination of his or her affairs, they believed said person to be
unable, under the visitation of insanity, to support himself, or her-
Self, and family, in case such person have a family, or to support
himself or herself alone, in case such person have no family, and
unable to pay his or her board and other expenses in the hospital.
The affidavits of Said physicians and householders shall accompany
the certificate of said judge or justice of the peace.*
Application by SEC. 17. The application by a member of the board of visitors
visitor. must be made within five days after the date of the affidavits afore-
Sec. 4847, R. S. Said, and it must appear therein that the visitor made the application
gº. -- after an inspection of the affidavits and certificate. It shall be the
duty of such visitor to withhold his application, if he has reason to
doubt the indigence of the party in whose behalf the application is
desired, until his doubt is removed by satisfactory testimony.
Conveyance to SEC, 18. The order of the Secretary of the Interior, granted upon
hospital. the certificate of a judge or justice and the application of a member
Sec. 4848, R. S. of the board of visitors, shall authorize any police Officer or con-
. S. stable to assist in carrying such indigent insane person to the hos-
pital, whenever such assistance is represented to be necessary by the
person holding the order; but all the expenses of witnesses before
the judge or justice of the peace, and of carrying such patient to
the hospital, shall be borne by his friends, or by the local authorities
Of the District.
Admission of in- SEC. 19. Whenever it appears in the case of any insane person
§ane persons have whose insanity commenced while he was a resident of the District
ing property. of Columbia that he is able to defray a portion, but not the whole
Sec. 4849, R. S. of the expenses of his support and treatment in the Government
.S. Hospital for the Insane, the board of visitors of the hospital is
*Trial by jury required. 3 Mackey Rep., 489, in re Bryant
CHAPTER xxxi.-INSANE, THE HOSPITAL FOR.
281
authorized to inquire into the facts of the case; and if it appears to
the board, upon such inquiry, that such insane person has property
and no family, or has more property than is required for the Support
of his family, then, as a condition upon which such insane person,
admitted or to be admitted upon the order of the Secretary of the
Interior, shall receive or continue to receive the benefits of the hos-
pital, there shall be paid to the superintendent from the income,
property, or estate of such insane person such portion of his
expenses in the hospital as a majority of the board shall determine
to be just and reasonable, under all the circumstances.
SEC. 20. Any indigent insane person who did not reside in the
District at the time he became insane may, in like manner, upon the
certificate of a judge or justice and the application of a member of
the board of visitors, be admitted into the hospital upon the applica-
tion of the Commissioners [governor] of the District, and at the
expense of the District during the continuance of such insane person
therein, it being hereby designed to give the superintendent thereof
authority to take charge of such insane person until the Commis-
sioners [governor] can discover who his friends are, or whence he
came, with a view to the return of such person to such friends, or to
the place of his residence, and thus relieve the District of the expense
and charge of such indigent insane non-resident.*
SEC. 21. If any person, charged with crime, be found, in the court
before which he is so charged, to be an insane person, such court
shall certify the same to the Secretary of the Interior, who may
order such person to be confined in the Hospital for the Insane, and,
if he be not indigent, he and his estate shall be charged with expenses"
of his support in the hospital.
SEC. 22. Any person becoming insane during the continuance of
his sentence in the United States penitentiary shall have the same
Admission of
nonresidents of
District.
Sec. 4850, R. S.
• Je
Admission of
Insane persons ac-
cused of crime.
sº 4851, R. S.
Insane convicts.
- Sec. 4852, R. S.
privilege of treatment in the hospital during the continuance of his U.S
mental disorder as is granted in the preceding Section to persons
who escape the consequences of criminal acts by reason of insanity,
unless it be the opinion, both of the physician to the penitentiary
and the superintendent of the hospital, that such insane convict is
so depraved and furious in his character as to render his custody in
the hospital insecure, and his example permicious.
SEC. 23. Whenever there are vacancies, private patients from the
District may be received at a rate of board to be determined by the
visitors, to be in no case less than the actual cost of their support. U.S
SEC. 24. The independent or pay patients may be received into the
hospital for the insane on the certificate of two respectable physicians
of the District, stating that they have personally examined the
patient, and believe him to be insane at the time of giving the cer-
tificate, and a fit subject for treatment in the institution, accom-
panied by a written request for the admission from the nearest rela-
tives, legal guardian, or friend of the patient, where he may remain
until restored to reason. The friends of the patient shall comply
with the regulations of the hospital in respect to payment of board,
and in all other respects. The request for admission must be made
within five days of the date of the certificate of insanity.
SEC. 25. When any person confined in the Hospital for the Insane
charged with crime and subject to be tried therefor, or convicted of
crime and undergoing sentence therefor, shall be restored to Sanity,
+ By statute of 20 June, 1874, ch, 337, sec. 2, y. 18, p. 116, the office of governor was abolished, and
the powers theretofore exercised by that officer, were conferred upon the Commissioners whose
appointment was therein authorized, subject only to the limitations contained in the statute of 1874.
Private patients.
Sec. 4853, R. S.
Admission of
pay patients.
Sec. 4854, R. S.
U. S.
Delivery of in-
Sane criminals re-
stored to sanity.
282 CHAPTER xxxI.—INSANE, THE HOSPITAL FOR.
Sec. 4855, R. S. the superintendent of the hospital shall give notice thereof to the
TJ. S judge of the criminal court, and deliver him to the court in obedience.
to the proper precept.
Discharge : . SEC. 26. If any person will give bond with sufficient security, to
**P* * be approved by the supreme court of the District of Columbia, or
Sec. 4856, R. S. by any judge ãºf in vacation, payable to the United States, with
TJ. S. condition to restrain and take care of any independent or indigent
insane person not charged with a breach of the peace, whether in
the hospital or not, until the insane person is restored to sanity,
such court or judge thereof may deliver such insane person to the
party giving such bond.
Insane persons SEC. 27. No insane person not charged with any breach of the
not º be confined peace shall ever be confined in the United States jail in the District
** of Columbia. -
Sec. 4857, R. S. U. S.
Disbursement of SEC. 28. All appropriations of money by Congress for the support
tºons for of the Hospital for the Insane shall be drawn from the Treasury on
** – the requisition of the Secretary of the Interior, and shall be dis-
Sec. 4858, R. S. bursed and accounted for in all respects according to the laws regu-
. S. lating ordinary disbursements of public money.
Admission of SEC. 29. Upon the application of the Attorney-General the Secre-
F.º.; tary of the Interior be, and he is hereby, authorized and directed to
.* transfer to the Government Hospital for the Insane in the District
after conviction. * e º
of Columbia all persons who, having been charged with offenses
*g, *. * against the United States, are in the actual custody of its officers,
Stat. 330. and all persons who have been or shall be convicted of any offense
2Sup. R. S., 382. . e e º º
- in a court of the United States and are imprisoned in any State
prison or penitentiary of any State or Territory, and who during the
term of their imprisonment have or shall become and be insane.
Attorney-Gen- SEC. 30. In all cases where any person convicted in a court of
eral may ontract the United States shall, while imprisoned under such conviction in
Nº. *...* any State prison or penitentiary, become and be insane, and there
ums for care of. - * - 2
shall not be accommodation for such insane person at the Insane
º, Asylum of the District of Columbia, or if for other reasons, the
2 18 Stat. 251, sec. Attorney-General is of opinion that such insane person should be
1sup. R.S., 104, placed at a State insane asylum, rather than at said District Asylum,
then the Attorney-General shall have power in his discretion to con-
tract with any State insane or lunatic asylum, within the State in
which such convict is imprisoned, for his care and custody while
remaining so insane. -
To compensate SEC. 31. In all cases where such convicts shall have heretofore
asylums therefor been, or shall hereafter be, transferred to a State asylum for insane
Ibid., sec. 2. convicts, in accordance with the laws of such State, the Attorney-
General is hereby authorized and directed to compensate the said
asylum, or the proper authorities controlling the same, for the care
and custody of such insane convicts, until their removal or dis-
charge, in such amounts as he shall deem just and reasonable; but
no contract shall be made or compensation paid for the care of such
insane person beyond their respective terms of imprisonment.
Convicts re- SEC. 32. Whenever such insane convict shall be restored to sanity,
stored to sanity to after he or she shall have been transferred under the provisions of
*...***** *d to this act, he or she shall be returned to the prison or penitentiary
prison. from which the transfer was made, provided the term of imprison-
Ibid., sec. 3. ment shall not have expired. - -
Sanity, how de- SEC. 33. The questions of sanity in all cases arising under this act
termined. shall be determined in accordance with the rules and regulations of
Ibid., sec. 3, existing laws, State or national, on that subject, applicable to the
prison, penitentiary, or asylum where such convict shall be con-
fined.
CHAPTER XXXII.—INTEREST AND USURY. • 283
CHAPTER THIRTY-Two.
INTEREST AND USURY.
Sec. Sec.
1. Rate of interest allowed; exception 4. Recovery of unlawful interest paid or
next section. taken. -
2. Rate of interest allowed on special 5. Banking laws generally not changed
contracts; limit to. by previous sections.
3. Unlawful contracts relating to inter- -
est; illegalinterest can not be recov-
ered.
SEC. 1. The rate of interest upon judgments or decrees, and upon Rate of interest
the loan or forbearance of any money, goods, or things in action, *
shall continue to be six dollars upon One hundred dollars for One Sec. 713, R. S.
year, and after that rate for a greater or less sum, or for a longer or D. Q.
shorter time, except as provided in this chapter. (sees sº, R. s. b. c. , sº. º º
5 Cranch, C. C., 385, U. S. vs. Kendall; 5 Cranch, C. C., 506, Burr vs. Burch; 5
Cranch, C. C., 298, Bradley vs. McKee; 5 Cranch, C. C., 518, Bank of Metropolis vs.
Moore; 5 Cranch, C. C., 523, Hill vs. Scott; 2 Mackey Rep., 150, Kendall vs. Vander-
hip; 3 Mackey Rep., 495, B. and O. Ry. vs. Hetzel; 4 Mackey Rep., 519, Hellen vs.
Railroad; 112 U. S. Rep., 478, Carter vs. Carusi; 133, U. S. Rep., 653, Shephard vs.
Pepper.
SEC. 2. In all contracts made it shall be lawful for the parties to Rate of interest
stipulate or agree in writing that the rate of ten per centum per allowed.
annum, or any less sum, of interest shall be taken and paid upon ...º.º.º.º. ºom-
every one hundred dollars of money loaned, or in any manner due “* *
and Owing from any person or corporation in the District. pº 714, R. S.
22 Apr. 1870, ch. 59, sec. 3, 16 Stat., 91.
SEC. 3. If any person or corporation shall contract to receive a Unlawful con-
greater rate of interest than ten per cent. upon any contract in tracts; forfeiture.
Writing, or six per cent. upon any verbal contract, such person or Sec. 715, R. S.
Corporation shall forfeit the whole of the interest so contracted to D. C.
be received, and shall be entitled only to recover the principal sum ſº sº. §
* º ~~~~~ +3 112 U. S. Rep.,
due to such person or corporation. 478, Carter vs.
Carusi.
SEC. 4. If any person or corporation within the District shall ºvery ºn
directly or indirectly take or receive any greater amount of interest F." a w -
than is provided for in this chapter, upon any contract or agreement s
whatever, it shall be lawful for the person, or his personal repre- Sec. 716, R. S.
sentative, or the corporation paying the same, to sue for and recover P.S.
all the interest paid upon any such contract or agreement from the ſº C
person or his personal representatives, or from the corporation 95. Riddie is Maº
receiving such unlawful interest ; but the suit to recover back such deville; 4 Cranch,
interest shall be brought within one year after such unlawful C. C., 461, Oliver
interest shall have been paid or taken. - º: 1 Mag-
rthur Rep., 588,
Sullivan vs. Snell; 2 Mackey Rep., 105, Kendall vs. Vanderlip; 98 U. S. Rep., 555,
Barnet vs. National Bank; 100 U. S. Rep., 72, Holden vs. Trust Co.; 104 U. S. Rep.,
52, Driesbach vs. National Bank; 111 U. S. Rep., 36, Walsh vs. Mayer; 112 U. S.
Rep., 478, Carter vs. Carusi; 116 U. S. Rep., 98, Call vs. Palmer; 121 U.S. Rep., 106,
Grant vs. Phoenix Co.; 133 U. S. Rep., 653, Shepherd vs. Pepper.
SEC. 5. Nothing in this chapter shall be construed to change the Banking laws
general laws in force in relation to banking associations organized not changed.
under the provisions of Title LXII, of the Revised Statutes, of the Sec. 717, R. S.
United States, “NATIONAL BANKs.” [see R. S. U. S., § 5197, 5198.) D. C.
22 Apr. 1870, ch. 59, sec. 5, 16 Stat.,91. Amended, see Sup. R. S. 279, par. 9, 1877,
Feb. 27. -
H. Judgments in actions of tort do not bear interest. 147 U. S. Rep., 571, W. and R. Railroad vs.
8.I’IſlCI).
284 CHAPTER XXXIII.-JAIL.
CHAPTER THIRTY-THREE.
JAIL.
Sec. Sec.
1. Warden of, appointment and | 11. Report, warden shall make annually.
removal of. - 12. Judgment of death to be executed by
2. Warden’s term of Office. warden. •. t
3. Warden's salary. 13. Death punishment shall be by hang-
4. Warden's bond. ing.
5. Warden, powers and duties of. 14. Place of execution of condemned,
6. Labor of prisoners, how regulated, where.
etc. 15. Officers required to attend at execu-
7. Commitments of marshal not to be tions. g
interfered with by preceding Sec- | 16. Who may be present at executions.
tions. 17. Who shall not be present at execu-
8. Delivery of prisoners to marshal, tions.
when. 18. Subsistence of prisoners, by whom
9. Subordinate officers, by whom and paid.
when appointed. 19. Felons and prisoners for debt, shall
10. Rules for government, etc., of pris- not be lodged together. (NOTE. –
oners, shall be made by Supreme Ne eaceat; Capias.)
COurt. - *
Warden, ap- SEC. 1. The supreme court of the District has authority to appoint
pointment and re- a suitable person to act as warden of the jail, and to remove such
moval. officer, whenever, in the opinion of the court, the public interests
Sec. 1081, R. S. may require his removal, and to fill all vacancies which may occur.”
D. C. -- i
Stat., 342, 3 Mar., 1869, ch. 151, sec. 4, 15 Stat., 342.
Warden's term SEC. 2. The warden shall hold office for the term of four years,
Of Office. unless Sooner removed, in accordance with the preceding section.
Sec. 1082, R. S. D. C. 29 Feb., 1864, ch. 16, sec. 1, 13 Stat., 12.
Salary of war- SEC. 3. He shall receive an annual salary of sixteen hundred dol-
den. lars, which shall include all fees and emoluments.
Sec. 1083, R. S. D. C.
Bond of war- SEC. 4. The warden shall, before entering upon his office, execute
den. to the United States a bond for the faithful performance of the duties
Ibid., sec. 4, p. thereof in the penal sum of five thousand dollars, with sureties to be
approved by some judge of the Supreme court of the District.
13.
Sec. 1084, R. S.
D. C.
Powers and du- SEC. 5. The warden shall have the exclusive supervision and con-
ties of warden trol of the jails in the District, and be accountable for the safe-keep-
Sec. 1085, R. S. ing of all prisoners legally committed thereto, and shall have all the
. C. power and discharge all the duties legally exercised and discharged
Ibid., Sec. 8 P. Over said jails and the prisoners therein, prior to the twenty-ninth
12. day of February, eighteen hundred and sixty-four, by the marshal
of the District. [See R. S. U. S., §§ 5545-5550.]
Employment of SEC. 6. Persons sentenced to imprisonment in the jail may be
Prisoners at labor, employed at such labor, and under such regulations, as may be pre-
Sec. 1086, R. S. scribed by the supreme court of the District, and the proceeds thereof
*śrab lsº ºn applied to defray the expenses of the trial and conviction of any
65..."...ºft. Such person.
407.
Commitment by SEC. 7. Nothing in the preceding sections of this chapter shall be
marshal. Construed to impart or interfere with the authority of the marshal
* See secs. 5545, 5546, R. S. U.S.; Sup. R.S., 1 ed., p. 228. See also Penitentiary
CHAPTER XXXIII.-JAIL. 285
of the District to commit persons to the jail, or to produce them in Sec. 1087, R. S.
open court or before any judicial officer when thereto required. , , , D.C.
. [See §§ 794, 795, R. S. D. C.] 12 May, 1864, ch.
85, sec. 4, 13 Stat., 75. Sec. 1087, R. S. D. C.
SEC. 8. It shall be the duty of the warden to receive such prison- Delivery tomar-
ers, and to deliver them to the marshal or his duly-authorized dep- ".
uty, on the written request of either, for the purpose of taking them Sec. 1088, R. S.
before any court or judicial officer as provided in the preceding Sec- *
tion. - *
SEC. 9. The warden shall have authority to appoint such subordi- ſº
nate officers, guards, and employés as are necessary for the proper º I’CI11) 2, U 63 OITI-
management and safe-keeping of prisoners, which may be authorized
by law, subject to the approval of the chief justice of the Supreme . Sec. 1089, R. S.
court of the District. [See § 1180, R. S. D. C.) *a, 1869, Ch
151, sec. 5, 15 Stat., 342.
SEC. 10. It shall be the duty of the supreme court of the District Supreme court
to make such rules for the government and discipline of the prison- tº "“”
ers confined in the jail as shall be deemed necessary for the health,
e ge * Sec. 1090, R. S.
security, and the protection of such prisoners from cruel treatment D. C. -
by any person in charge thereof. 22 Feb., 1867, ch.
• 65, sec. 10, 14 Stat., 407.
SEC. 11. The warden shall annually, in the month of November, Warden's an -
make a detailed report to the Secretary of the Interior. nual report.
Sec. 1091, R. S. D. C. 29 Feb., 1864, ch. 16, sec. 1, 13 Stat.,12.
EXECUTION IN CAPITAL CASES.
SEC. 12. Whenever any person confined in the jail is adjudged to Warden to exe-
suffer death, it shall be the duty of the warden to carry such judg- ºudgment Of
ment into execution. 622, Ull.
Sec. 1092, R.S. D. C. 12 May, 1864, ch. 85, sec. 4, 13 stat, ºff.
SEC. 13. The manner of inflicting the punishment of death shall , Punishment of
be by hanging. [See § 5340–5400, R. S. U.S.] * death by hanging.
Apr. 30, 1790. Sec. 5325, R. S. U. S., ch. 9, sec. 33. 1 Stat., 119.
SEC. 14. Persons adjudged to suffer death shall be executed within ... Place of execu-
the walls of some prison in the District, or within a yard or inclosure "on:
adjoining such prison, and not elsewhere. Sec. 1093, R. S.
D.C. 25 Jan., 1853, ch. 31, sec. 1. 10 Stat., 153.
SEC. 15. It shall be the duty of the warden, or one of his deputies, . Officers required
with such officers of the prison, constables, and other peace-officers to attend.
as the Warden or deputy may deem necessary and proper, to attend Sec. 1094, R. s.
at Such execution. - D. C.
Ibid.
SEC. 16. The warden, or his deputy, shall invite the district attor- Who may be
ney, the counsel of the prisoner, two or more physicians, and twelve present.
respectable citizens to be present at every such execution; and, at Sec. 1095, R. S.
the request of the person to be executed, shall also allow any of his D. C.
near relatives, and any ministers of the Gospel, not more than three, Ibid., Sec. 2.
to be present thereat.
SEC. 17. No persons other than those mentioned in the two pre- , Who shall not
ceding sections, and no person whatever under the age of twenty- be allowed to wit:
One years, shall be allowed to witness any such execution. neSS executions.
Sec. 1096, R. S. D. C., Ibid.
SEC. 18. Hereafter there shall be allowed and paid by the Attor. Actual reason-
ney-General, for the subsistence of prisoners in the custody of any able cost of sub-
286 CHAPTER xxxiv.–JUDGMENTS.
sisting prisoners marshal of the United States and the warden of the jail in the Dis-
to be paid. trict of Columbia, such sum only as it reasonably and actually cost
Sec. 5545, R. S. to subsist them. And it shall be the duty of the Attorney-General
TJ. S. to prescribe such regulations for the government of the marshals
tºº, and the warden of the jail in the District of Columbia, in relation
§see.8; * to their duties under this chapter, as will enable ºn to determine
5 Mar., 1872, ch. the actual and reasonable expenses incurred. -
30, Sec. 1. 17 Stat., 35. 93 U.S. Rep., 396, Ea, parte Karstendick.
Felons and pris. SEC. 19. It shall not be lawful hereafter for any sheriff, gaoler, or
º *...* keeper of any gaol or prison, to put, keep, or lodge prisoners for
o be lodged to- deb * > --> 2 e
gether. ebt, and felons, together in one room or chamber; but that they
. Sº shall be put, kept, and lodged separate and apart One from another,
º !, in distinct rooms; upon pain that he, she, or they which shall offend
S.16%.” ‘’’ ‘’’ against this act, or the true intent and meaning thereof, or any part
Alex. Brit. Stat., thereof, shall forfeit and lose his or her Office, place or imployment,
, 507–508. and shall forfeit treble damages to the party grieved, to be recovered
by virtue of this act; any law, statute, usage or custom to the con-
trary in any wise notwithstanding.”
• * Secs, 795,796, R. S. D. C., capias; sec. 717, R. S. U.S., me exeat,
CHAPTER THIRTY-FOUR.
JUDGMENTS,
Sec. Se2. -
1. Courts shall give judgments with- bond, judgment shall not be con-
out regarding immaterial defects. fessed. (NOTE.-Judgment con-
(NOTE.-Judgments and records of fessed by partnership, when Void.)
sister States, how authenticated; 14. Final judgment may be entered on
when joint judgment is void inquisition of damages, after inter-
against constables; assignment of locutory judgment. (NOTE. –Form
judgment satisfied by surety ; how of inquisition, etc.)
kept alive.) 15. After interlo cut ory judgment,
2. Proviso, as to prosecutions and penal death of party, shall, not abate
statutes. *- action; Scire facias, writ of inquiry
3. After verdict, judgments shall not and final judgment.
be stayed or reversed for variance | 16. Date of judgment must be entered
Or defect of form. on docket, etc.
4. Proviso, as to prosecutions and pop- || 17. Judgments as against purchasers of
ular and penal statutes. lands shall relate only to day of
5, After verdict, judgments shall not be Signing. *
- stayed or reversed for defect of 18. Recognizances to be enrolled and
form, etc. bind lands fºr: date of enrollment.
£. Proviso, as to prosecutions and penal | 19. To affect 'ands judgment must be
action. - docketed.
7. When scire facias may be had on a 20. Judgment set asiie for fraud, etc.,
judgment after the year. cause may be reinstated, when.
8. When execution may issue on any (NOTE. – Fraudulent judgment,
judgment with stay of execution, void.)
etc. 21. Interest on judgments at common
9. In ejectment or dower, no judgment law on contracts, what and when
shall be stayed, unless bond exe- it begins to run. (For interest gen-
cuted. erally, see title Interest and Usury.)
10. Proviso to previous section : not to (NOTE.—In tort, bear interest from
extend to executors or administra- date to satisfaction; how regula-
tors, penal actions, etc. (NOTE.— ted on plea of set-off ; For less than
This act extended to writs of man- jurisdictional amount do not carry
damus.) costs.) .
11. Death of either party to suit, between 22. Upon dissolution of injunction on
verdict and entry of judgment, not judgments for money, 10 per cent
error, when. damages awarded.
12. After judgment, by or in name of 23. Interest included in judgment in
executor, or administrator; admin- case of forthcoming bond.
istrator de bomis mon may revive by | 24. When injunction granted and par-
Scire facias or issue execution. tially enjoined, damages may be
13. On power of attorney relating to regulated by court.
CHAPTER xxxiv.–JUDGMENTS. - 287
SEC. 1. In all actions the justices of the several courts of law shall, Judgment shall
proceed and give judgment according as the very right of the cause, *::::: wº
and matter in law, shall appear to them, without regarding any such jº “”
omission, defects, advantages or pretences as aforesaid, so as suffi- º
cient matter shall appear in the proceedings, upon which the court * act 1763, ch. '
may proceed to give judgment according to the very right of the * *ś. 334
cause and matter in law, and that it shall appear that the action 1 fº 106.
shall be commenced after the cause thereof shall accrue, and that 44 Md. Rep., 337,
no such judgment shall be reversed or set aside, or execution thereon Gott vs. State.
delayed, for or by reason of any such imperfection, omission or -
defect, any law, usage or custom, to the contrary notwithstanding.”
- [R. S. D. C., §§ 753, 825, 828.j
SEC. 2. That nothing in this act shall extend, or be construed to Proviso as to
extend, to any writ, declaration, or suit of appeal of felony or mur- Pºlitiºns, and
der, or to any indictment or presentment of treason, felony or mur- penal actions.
der, or other matter, or to any process upon any of them, or to any Md. act 1763, ch.
writ, bill, action or information, upon any penal statute. 23, sec. 3.
5 5 - , Ulp y I (see $1025, R. S. U.S.] 1 Kilty, 834.
SEC. 3. That if any verdict of twelve men, or more, shall be given ... Where, judg-
in any action, Suit, bill, plaint, or demand, in any court of record, lºan not be
the judgment thereupon shall not be stayed or reversed by reason of jº toº" v.
any default in form, or lack of form, touching false Latin, or vari- ance or defect of
ance from the register, or other defaults in form, in any writ original form.
or judicial, count, declaration, plaint, bill, Suit or demand, or for Tis Blizabeth ch
want of any writ original or judicial, or by reason of any imperfect 14, sec. 1, A. D.
or insufficient return of any sheriff or other officer, or for want of 1576. *
any warrant of attorney, or by reason of any manner of default in 4 º Brit. Stat. ,
process, upon or after any aid prier or voucher, nor any such record #Re 235
or judgment after verdict to be given hereafter, shall be reversed for p., 3:30.
any the defects or causes aforesaid ; any law, statute or usage to the -
contrary notwithstanding.
SEC. 4. Provided always, and be it further enacted by the authority ...º.º. as tº
aforesaid, That this act, or any thing therein contained, shall not pº ...;
extend to any writ, declaration, or suit of appeal of felony or mur- statutes. pena
der, nor to any indictment, or presentment of felony, murder,
treason, or other matter, nor to any process upon any of them, nor 41
to any writ, bill, action or information upon any popular or penal
statute; any thing aforesaid to the contrary icº.
Ibid., sec. 2, p.
2
SEC. 5. That if any verdict of twelve men shall be given in any mºn ;
action, Suit, bill or demand, in any of the courts of record, judgment ... .".
thereupon shall not be stayed or reversed, for default in form, or versed for defect
lack of form : (3) or by, reason that there are not pledges, or but one of form, etc.
pledge to prosecute, returned upon the original writ; (4) or because T16 and Tºonaries
the name of the sheriff is not returned upon such original writ; (5) or II, ch. 3, sec. i. A.
for default of entring pledges upon any bill or declaration; (6) or D. 1664.
for default of alledging the bringing into court of any bond, bill, , Alex: Brit. Stat.,
indenture, or other deed whatsoever mentioned in the declaration, or *:::::: *
- * rºy º g - tº s e ty's Rep.,239.
other pleading; (7) or for default of allegation of bringing into court -
of letters testamentary, or letters of administration ; (8) or by rea-
Son of the omission of vi & armis, or contra pacem ; (9) or for or by
reason of the mistaking of the christian name or surname of the
laintiff or defendant, demandant or tenant, sum or sums of money,
ay, month or year, by the clerk in any bill, declaration or pleading,
* Judgments and records of sister State, how authenticated. Sec. 905, R. S. U. S.
Mutual judgments may be set-off. Sec. 813, R. S. D. C.
A joint judgment void as to one party is void as to all. 6 Mackey Rep., 555, Jackson vs. Hulse ; 59
Md. Rep., 238, Hanley vs. Donoghue. *
Judgments, how rendered against constables. Sec. 1039, R. S. D. C.
Judgment satisfied by Surety, assignment of. Ma. act 1763, ch. 23, sec. 8 ; 1 Kilty, 334.
How a judgment may be kept alive. 35 Md. Rep., 511, Hagerstown Bank vs. Thomas.
288
CHAPTER XXXIV.-JUD GMEN TS.
where the right name, Surname, Sum, day, month Or year, in any
writ, plaint, roll, or record preceding, or in the same roll or
record where the mistake is committed, is Or are Once truly and
rightly alledged, whereunto the plaintiff might have demurred and
shewn the same for cause ; (10) nor for want of the averment of
Proviso as to
prosecutions and
penal actions.
16 and 17 Charles
II, ch. 8, Sec. 2, A.
D. 1664.
Alex. Brit. Stat.,
485.
Kilty's Rep.,239.
W he n SC 77° e
facias may be had
on a judgment
after the year.
13 Edward I, ch.
45, A. D. 1285.
Alex. Brit. Stat.,
143–145.
3 Mackey Rep.,
171, Thompson vs.
Beveridge ; 4 Gill
Rep., 265, War-
field vs. Brewer ;
10 Gill and John.
Rep., 373, Town-
send vs. Town-
send ; 7 Gill and
John. Rep., 355,
Mulliken vs. Du-
vall; 28 Md. Rep.,
67, Hazlehurst vs.
Morris; 1 Cranch,
Ct. Rep., 149, Mc-
Donald vs. White;
61 Md. Rep., 426,
Lambson vs. Mof-
fett; 35 Md. Rep.,
511, Hagerstown
Bank vs. Thomas.
hoc paratus est verificare ; (11) or for hoc paratus est verificare per
'recordwm , º or for not alledging prowt patet per recordwm ; (13)
or for that there is no right venue, so as the cause were tried by a
jury of the proper county or place where the action is laid; (14) nor
any judgment after verdict, confession by cognovit actionem, or
Telicia verificatione, shall be reversed for want of misericordia, or
capiațwr ; (15) or by reason that a capiatun' is entred for a miseri-
cordia, or a misericordia is entred where a capiatur ought to have
been entred ; (16) nor for that ideo concesswºm est per cwriam is
entred for ideo consideratum est per curia/m . (17) nor for that the
increase of costs after a verdict in an action, or upon a non-suit in
repleven are not entred to be at the request of the party for whom
the judgment is given; (18) nor by reason that the costs in any
judgment whatsoever are not entred to be by consent of the plaintiff;
(19) but that all such omissions, variances, defects, and all other
matters of like mature, not being against the right of the matter of
the suit, nor whereby the issue or trial are altered, shall be amended
by the justices or other judges of the courts where such judgments
are or shall be given, or whereunto the record is or shall be removed
by writ of error.
SEC. 6. Provided always, and it further be emacted by the authority
aforesaid, That this act, Or any thing therein contained, shall not
extend to any writ, declaration, or suit of appeal of felony or mur-
der, nor to any indictment or presentment of felony, murder, trea-
son, or other matter, nor to any process upon any of them ; (2) nor
to any writ, bill, action or information upon any penal statute,
Other than Goncerning customs and subsidies of tonnage and pound-
age; any thing in this act contained to the contrary thereof in any
wise notwithstanding. -
SEC. 7. Because that of such things as be recorded before the
chancellor and the justices that have record, and be enrolled in their
rolls, process of plea Ought not to be made by Summons, attachments,
essoin, view of land, and other solemnities of the court, as hath
been used to be done of bargains and covenants made out of the
court ; (2) from henceforth it is to be observed, that those things
which are found enrolled before them that have record, or contained
in fines, whether they be contracts, covenants, obligations, services,
Or Customs knowledged, or other things whatsoever enrolled, where-
in the King's court, without Offence of the law and customs, may
execute their authority, from henceforth they shall have such
vigour, that hereafter it shall not need to plead for them. (3) But
when the plaintiff cometh to the court, if the recognizance or fine be
fresh, that is to say, levied within the year of the writ, he shall
forthwith have a writ of execution of the same recognizance made.
(4) And if the recognizance were made, or the fine levied of a further
time passed, the sheriff shall be commanded, that he give knowl-
edge to the party of whóm it is complained, that he be afore the
justices at a certain day, to shew if he have anything to say why
such matters enrolled or contained in the fine ought not to have exe-
cution. º And if he do not come at the day, or peradventure do
Come, and can say nothing why execution ought not to be done, the
sheriff shall be commanded to cause the thing inrolled or contained
in the fine to be executed. (6) In like manner an ordinary shall be
commanded in his case, observing nevertheless as before is said of a
mean, which by recognizance or judgment is bound to acquit. -
CHAPTER xxxiv.–JUDGMENTS. …” 289
SEC. 8. That execution may be issued on any judgment rendered . Execution may
in the provincial] court, or rendered or to be rendered in the general ... jº,
Court, º in any county court of this state, with stay of execution, ...’ “
at any time within One year next after the º of such stay ; i. 3 Nºvº •
provided that the stay of execution be entered upon the clerk of the Md, ºf 1778, ch.
court his docket, at the same court when the judgment shall be rem- * 7,479
dered; and also after the dissolution of any injunction of or from 1 fº 142.
the court of chancery, or the discharge or expiration of any super- 1 Harris and J.
sedeas, on appeal, or any writ of error, at any time within One year Rep., 488, Salmon
after dissolution of such injunction or discharge, or expiration of ***.
such supersedeas.
SEC. 9. That in writs of error to be brought upon any judgment No judgment in
after verdict in any writ of dower, or in any action of ejectione i:"...i O I'
firmap, no execution shall be thereupon or thereby stayed, unless the tº:
plaintiff or plaintiffs in such writ of error shall be bound unto the executed.
plaintiff in such writ of dower, or action of ejectione firma”, in such -a. •
reasonable sum as the court to which such Writ of error shall be mº"; º
directed shall think fit, with condition, that if the judgment shall be D. 1664. " " ' "
affirmed in the said writ of error, or that the said writ of error be Alex. Brit. Stat.,
discontinued in default of the plaintiff or plaintiffs therein, or that 485.
the said plaintiff or plaintiffs be nonsuit in such writs of error, that
then the said plaintiff or plaintiffs, shall pay Such costs, damages,
and sum and sums of money as shall be awarded upon or after such
judgment affirmed, discontinuance or nonsuit had.* -
SEC. 10. Provided, That this act, nor any thing therein contained, . Proviso as to ex-
shall not extend to any writ of error to be brought by any executor º º:
or administrator; (2) nor unto any action popular, nor unto any jº"“”
other action which is, or hereafter shall be brought upon any penal H.
law or statutes (except action of debt for not setting forth of tithes); nº º
(3) nor to any indictment, presentment, inquisition, information or łºś. SeC. O, A.
appeal; anything herein before expressed to the contrary thereof in Alex, Brit. Stat.,
any wise notwithstanding. { 485, 486.
SEC. 11. In all actions personal and real, or mixt, the death of Death of either
either party between the verdict and the judgment, shall not here. ...".
after be alledged for error; SO as such judgment be entred within . JulCig
two terms after such verdict.
17 Charles II,
ch. 8, sec. 1, A.D. 1665. Alex. Brit. Stat., 495. Kilty's Rep., 240. 6 Md. Rep., 308,
Trail vs. Snouffer. -
SEC. 12. And be it further enacted by the authority aforesaid, ... Judgment ob:
where any judgment after a verdict shall be had, by or in the name º º ânii
of any executor or administrator; in such case an administrator de i.e., “...
bonis mom may sue forth a Scire facias, and take execution upon such facias. ' -
J udgment. Ibid., sec. 2.
SEC. 13. It shall not be lawful for any attorney practising now, or Judgment shall
who shall hereafter practise the law in any court of record within not be confessed
this District [province, or any other person whatever, to confess a 9. pº gº.
judgment either in court, or before one or more justices of such court ja, * *
or courts out of court, for any sum or sums of money, or other mat- e
ter, by virtue of any power or powers of attorney, either separate or sº act 1747, ch,
contained in any such bonds, commonly called judgment bonds, which 15: 86
shall be taken or executed after the end of this session of assembly; nor i #º.
shall it be lawful for the justices of any court of record within this -
District [province] to give judgment upon any such bonds, by virtue
of any such power or powers. I
*See next section as to proviso.
f This act extended to writs of mandamus by 9 Anne, ch. 20, see 7.
† Judgment confessed by partnership when void. Sec. 510, R. S. D. C.; 20 Md. Rep., 305, Huston vs.
I)itto. -
19 C S
290
CHAPTER xxxiv.–JUDGMENTS.
Final judgment
may be entered on
inquisition of dam-
ages after inter-
lo cut or y judg-
ment.
Md. act 1794, ch.
46, sec. 2.
1 Dorsey, 305,
306.
2 Kilty, 496.
21 Md. Rep., 552,
Heffner vs. Lynch;
24 Md. Rep., 554,
David so n vs.
My ers ; 16 Md.
Rep., 317, Green
'vs. H a milton;
Frazier vs. Lomax,
1 Cranch, Ct. Rep.,
361, Stansbury vs.
After interloc-
utory judgment,
death of party
shall not abate
action; scine fac-
ſias, writ of in-
quiry, and final
judgment.
8 and 9 William
III, ch. 11, sec. 6,
A. D. 1697.
ºles. Brit, Stat.,
Rilty's Rep.,244.
Date of judg-
ment must be en-
tered on docket.
29 Charles II, ch.
3, Sec. 14, A. D.
1676.
Alex, Brit. Stat.,
511.
Judgments as
against purchasers
of land shall re-
late only to day of
signing.
29 Charles II,
ch. 3, Sec. 15, A.
D. 1676.
Alex. Brit. Stat.,
SEC. 14. In all cases when an interlocutory judgment is entered
in the general court, [or in any of the county courts, whereby the
right of the plaintiff is established, but the damages sustained by
him cannot be ascertained without the intervention of a jury,
the court where such judgment is given may and shall, on the motion
of the plaintiff, or of his attorney, make an Order, in the nature
of a writ of inquiry, to charge the jury attending at the same,
Or at the next term, to inquire of the damages and costs sustained
by the plaintiff in such action, which said inquiry shall be made,
and the evidence given, in open court, in the same manner, and
under the same regulations, as in other jury trials; and after the
said jury, charged as aforesaid, shall have considered thereof, they
shall forthwith return their inquisition, under their hands and seals,
and thereupon the said court may and shall proceed to judgment, as
upon inquisitions of that kind returned by the sheriff.” -
[See § 961, R. S. U. S.]
328; 29 Md. Rep., 165, Smithson vs. U. S. Tel. Co.; 29 Md. Rep.,
Keady. *
SEC. 15. That in all actions to be commenced in any court of
record, if any plaintiff happen to die after an interlocutory judg-
ment, and before a final judgment obtained therein, the said action
shall not abate by reason thereof, if such action might be originally
prosecuted or maintained by the executors or administrators of such
plaintiff; and if the defendant die after such interlocutory judgment,
and before final judgment therein obtained, the said action shall
not abate, if such action might be originally prosecuted or main-
tained against the executors or administrators of such defendant;
and the plaintiff, or, if he be dead after such interlocutory judgment,
his executors, or administrators, shall and may have a scire facias
against the defendant, if living after such interlocutory judgment,
or if he died after, then against his executors or administrators, to
shew cause why damages in such action should not be assessed and
recovered by him or them ; and if such defendant, his executors, or
administrators, shall appear at the return of such writ, and not shew
Or alledge any matter sufficient to arrest the final judgment, or being
returned warned, or upon two writs of scire facias it be returned,
that the defendant, his executors, or administrators, had nothing
whereby to be summoned, or could not be found in the county, shall
make default, that thereupon a Writ of inquiry of damages shall be
awarded, which being executed and returned, judgment final shall
be given for the said plaintiff, his executors or administrators pros-
ecuting such writ or writs of Scire facias against such defendant,
his executors, or administrators respectively.
SEC. 16. That any judge or officer that shall sign any judgments,
shall at the signing of the same, without fee for doing the same, set.
down the day of the month and year of his so doing, upon the paper,
book, docket or record which he shall sign; which day of the month
and year shall be also entred upon the margin of the roll of the record
where the said judgment shall be entred. .
SEC. 17. That such judgments as against purchasers bona fide for
valuable consideration of lands, tenements or hereditaments to be
charged thereby, shall in consideration of law, be judgments only
from such time as they shall be so signed, and shall not relate to the
first day of the term whereof they are entred, or the day of the return
of the Original, or filing the bail; any law, usage or course of any
court to the contrary notwithstanding.
511; 5 Peters Rep. 367, Tayloe vs. Thompson; 3 Gill and J., 359,
Hanson vs. Barnes; 8 Gill and J., 35, Miller vs. Allison.
* For form of inquisition see 2 Evan's Harris, 321; 2 Harr, and Gill, Rep. 275, Hopewell vs. Price. See
Bonds, Md. act 1785, ch. 80; sec. 13, 2 Kilty, 63.
CHAPTER XXXIV.-JUDGMENTS. g 29I
SEC. 18. That the day of the month and year of the enrollment of . Recognizances
the recognizances, shall be set down in the margin of the roll where ; º, and
the said recognizances are enrolled; and that no recognizance shall je º "e".
bind any lands, tenements or hereditaments, in the hands of any ment.
purchaser bona fide, and for valuable consideration, but from the 29 Charles I
time of such enrollment; any law, usage or course of any court to chº, * i. º:
the contrary in any Wise notwithstanding.
D. 1676.
Alex. Brit, Stat., 512.
SEC. 19. Whereas great mischiefs and damages happen, and come, , Judgments must.
as well to persons in their life times, but more often to their heirs, }. docketed to af-
executors, and administrators, and also to purchasers and mortgagees “* •
by judgments entered upon record against the persons defendants, 4 and 5, William,
by reason of the difficulty there is in finding out such judgments; and Mały, Gh...Q.
** ** ** * Sec. 3, A. D. 1692.
Eor remedy whereof: Alex. Brit. Stat.,.
1
And be it further enacted by the authority aforesaid, That no judg- 58: -
- sº © Kilty's Rep.,243.
ment not docketed, and entred in the books as aforesaid, shall affect 3 º' --~~~
any lands or tenements as to purchasers or mortgagees, or have any
preference against heirs, executors, or administrators, in their
administration of their ancestors, testators, or intestates estates.
SEC. 20. In any case where a judgment shall be set aside for fraud, Judgment set;
deceit, surprise or irregularity, in obtaining the same, the said courts aide for fraud,
respectively may direct the continuances to be entered from the court sººney be.
when such judgment was obtained, until the court such judgment CU, UVºle
shall be set aside, and may also continue such cause for, so long a Md. act 17s;
e & -: e • C 787, Ch.
time as they shall judge necessary for the trial of the merits between 9, ... 5
the parties, not exceeding two courts after such cause hath been 2 Kilty, 131.
reinstated, unless evidence, or testimony or plots be wanting, as 1 Dorsey, 247.
herein before provided, in which case the cause may still be continued, 3 º Rep.,
but under the limitations herein before made and provided.* - 3..."; #.
S. Rep., 410, Bronson vs. Schulten; 117 U. S. Rep., 676, Phillips vs. Negley; 18 Md.
Rep., 130, Kemp vs. Cook; 47 Ma. Rep., 282, Craig vs, Worth.
SEC. 21. Upon all judgments rendered on the common-law side of Intereston judg-
the court in actions founded on contracts, interest at the rate of six ments.
per centum per annum shall be awarded on the principal sum due sec. 829, R. S.
until the judgment shall be satisfied, and the amount which is to D. C.
bear interest and the time from which it is to be paid shall be ascer- 34,...ſune, 1812,
tained by the verdict of the jury sworn in the cause: ; ; % Sec. 6, v.
[R. S. D. C., § 713. See title “Interest and:Usury.”] ’’’ ‘’’’
SEC. 22. When an injunction is obtained to stay proceedings on º en-
any judgment rendered for money, and such injunction shall be dis- ...".
• * ‘e º º - ution ten per cent
solved, wholly or in part, damages, at the rate of ten per centum per damages awarded.
annum from the time the injunction shall be awarded until dissolu-
tion, shall be paid by the party on whose behalf such injunction was . Sec. 880, R. S.
obtained on such sum as appears to be due, including costs, and **
* * → * e ºp & 5 1 Cranch, Ct.
execution on the judgment enjoined shall be issued for the same. R., 34, Love vs.
Fendall;3 Cranch, Ct. R., 403, Mason vs. Muncaster.
SEC, 23. In cases where a forthcoming bond shall have been exe- Judgment for
cuted by the complainant, and no judgment shall have been rendered interest included,
thereupon, the courtin which execution shall be awarded shall direct ... * forth-
the damages to be included in the judgment, and such damages shall b º
in all cases be in full satisfaction of interest for the time for which Sec. 881, R. S.
they shall be allowed. D, C,
*Fraudulent judgments void, 13 Eliz., ch.5, Alex. Brit. Stat., p. 378.
+ Judgments in tort do not bear interest. 147 U. S. Rep., 571 ; W. and G. Ry. vs. Harmon. Contra :
4 Mackey Rep. 519, Hellen vs. Met. Ry. Co. 3 Mackey Rep., 495, Railroad vs. Hetzel. 2 Mackey Rep.,
458, Baptist Church vs. Ry. Co. .
Judgment regulated when plea of set-off. Sec. 812, R. S. D. C. ; see “Practice.”
º for less than jurisdictional amount, do not carry costs. Sec. 828, R. S. D. C. See
ractice." * -
292
CHAPTER xxxv.–JUDICLARY,
Damages may
be regulated by
court where judg-
ment partially en-
joined.
Sec. 832, R. S.
T). C.
SEC. 24. When the injunction is granted to obtain a discovery, or
any part of the judgment shall remain enjoined, the court may, if it
appear just, direct that such damages shall not be paid, or only such
proportion thereof as they may deem expedient. -
10.
11.
12.
13.
15.
16.
17.
18.
. Judges not
A
CHAPTER THIRTY-FIVE.
JUDICIARY,
SUPREME COURT.
Organization.
Chief justice and associate justices,
appointment and term of office.
. Additional associate justice pro-
vided.
. Salaries of justices, when paid.
. Same subject.
Oath of justices.
to practice law, etc., pen-
alty.
. Relatives of judgenot to be appointed
Officer of his court,
. When justice may resign and retain
salary for life.
Terms.
. General and special terms; their pro-
ceedings ; the right of appeal.
(NOTE.-Court of appeals.)
Same subject, how composed.
General term may be held by two
judges; proceedings on division;
no judge to sit on hearing on ap-
peal from his own decision.
(Note.)
Re-argument, when general term
equally divided in opinion. (NOTE.)
Regulation of terms amended.
. Terms required to be held annually.
Designation of justices to hold spe-
cial terms.
Two circuit courts to sit at same
time.
Justice holding Criminal term may
also hold circuit court ; minutes,
how recorded.
Justice holding circuit court may sit
in Criminal cases; how minutes re- |
corded.
Jurisdiction.
27.
" SUPREME COURT-continued.
Jurisdiction—Continued.
Sec.
25. Any justice of the peace may arrest
for crimes against the laws of the
|United States; recognizance to be
returned to clerk’s office; offender
may be removed by warrant; bail
admitted, when; bail, how taken.
Jurisdiction under copyright and
patent laws.
Same in divorce cases.
Original actions limited, except
when.
Powers of court in common law and
equity causes.
Amount required to give jurisdic-
tion.
Court shall adopt rules.
Justices may administer oaths to
|United States officers.
Courts have power to impose oaths
and punish contempts; proviso.
26.
28.
29.
30.
31.
32.
33.
Appellate jurisdiction.
34.
35.
36.
Appeals from Special to general
terms. (Note.)
Appeals from police court. (Note.)
Appeals from justices of the peace;
deposit for costs; docketing case;
Summons to appellee.
Same subject, summary trial of.
Same subject, trial by jury or court.
Same subject, when appellee fails to
appear, procedure.
Same subject, when appellant fails
to prosecute.
Same subject, when appeal shall not
be dismissed.
Appeals from Commissioner of Pat-
ents. (Note.)
Writs of error and appeals. (Note.—
Conviction of Capital crimes.)
37.
38.
39.
40.
41.
43.
19.
20.
21.
22.
23.
Jurisdiction of Supreme court, same
as circuit courts of United States.
(Note.)
Powers of justices.
jurisdiction as a district court of
United States.
General jurisdiction; one justice may
hold criminal court.
Jurisdiction of the criminal court.
. Thirty-third section.
Judiciary act
applicable to courts created by
Congress in this District.
Removal of causes to Supreme Court of
- the United States.
44. Same subject, not allowed unless
amount involved is more than
$5,000. (Note.)
45. Previous section not to apply to cases
involving validity of a patent or
Copyright ; treaty, statute or au-
thority exercised under United
States.
46. No Supersedeas or stay of execution
except, when. (Note.)
CHAPTER XXXV.-JUDICIA.R.Y.
293.
SUPREME COURT-continued.
Removal of causes to Supreme Cowrt of
the United States—Continued.
Sec.
47. Powers of orphans court shall be ex-
ercised by justice holding special
term of Supreme court. (Note.—
Register of wills to record decrees
and orders.)
48. Orphans court abolished; laws relat-
ing thereto continued in force.
49. Jurisdiction of court as to probate
. and administration. --
50. General jurisdiction and powers as
an Orphans court.
51. Court may compel persons to attend
and testify in special term for or-
phans court.
SUPREME COURT-COntinued.
Removal of causes to Supreme Cowrt of
the United States—Continued.
Sec.
52. Same subject, process to be served
by marshal and coroner.
Same subject, sequestration of goods
where party fails to appear.
Same subject, plenary proceedings
regulated.
Same subject, issues to be made up
and jury trial.
Same subject, when appeal shall not
stay proceedings.
Same subject, limitation upon juris-
diction; disposition of sequestered
property.
53.
54.
55.
56.
57.
SUPREME COURT.
Organization.
SEC. 1. There shall be a supreme court of the District, which shall Supreme court.
consist of a chief justice and five” [four] associate justices, who shall
severally be appointed by the President, by and with the advice p
and consent of the Senate, and shall hold their offices during good
behavior.
310, Noerr et al., administ
Sec. 750, R. S.
C
wash. Law.
Rep., No. 46, p.
rators, vs. Brewer.
SEC 2. That there shall be appointed by the President, by and . Supreme court
with the advice and consent of the Senate, one additional associate 2, have a sixt"
justice of the supreme court of the District of Columbia.
That the sai
additional associate justice shall have the same
power, authority, and jurisdiction as...now or hereafter may be exer-
cised by any of the associate justices of the said supreme court, and *
judge.
Feb. 25, 1879.
20 Stat., 320,
Sec. 1.
Secs. 750, 751,
shall be entitled to receive the same salary, payable in the same R.S.I.S. C.
IOOl£bl]]].62I’.
SEC. 3. The chief justice shall receive an annual salary of four ... Salaries of jus-
thousand five hundred dollars, and the associate justices an annual *
salary of four thousand dollars each, payable monthly ſquarterly]
at the Treasury of the United States.
1 June, 1866, ch. 103,sec.2, v. 14,55, 3 Mar., 1863, ch.91, sec. 15, v. 12.764.
SEC. 4. That hereafter the salaries appropriated for the United Judges' salaries
States judges * * *
may be paid monthly.
Mar. 3, 1881.
SEC. 5. Each justice, before he enters upon the duties of his office,
shall take the Oath prescribed to be taken by judges of the courts of
the United States. [See R. S. U. S., § 712.] -.
SEC. 6. It shall not be lawful for any judge appointed under the
authority of the United States to exercise the profession or employ- ºdfrom practicing.
ment of counsel or attorney, or to be engaged in the practice of the
law. And any person offending against the prohibition of this sec-
tion shall be deemed guilty of a high misdemeanor.
SEC. 7. That no person related to any justice or judge of any court .
of the United States by affinity or consanguinity within the degree judge #9 be a P.
Sec. 751, R. S.
D. C.
payable monthly.
21 Stat., 412, ch. 130.
Oath of justices.
Sec. 752, R. S.
D. C.
Judges prohibit-
law.
Sec. 713, R. S.
U. S.
No relative of
pointed officer of
of first cousin shall hereafter be appointed by such court or judge #.
to, or employed by such court or judge in, any office or duty in any
court of which such justice Or judge may be a member.
Aug. 13, 1888.
25 Stat.,437,sec. 7..
SEC, 8. When any judge of any court of the United States resigns . Judges, resign-
his office, after having held his commission as such at least ten years, ing entitled, in
*One additional associate justice. 20 Stat., 320, Feb. 25, 1879. Sup. 418.
e
294 CHAPTER xxxv.–JUDICIARY.
'certain, cases, to and having attained the age of seventy years, he shall during the
salary for life residue of his natural life, receive the same salary which was by law
sec. 714, R. S. payable to him at the time of his resignation.
U.S. 2 Abb. U.S., 503, Northrop vs. Gregory.
Terms.
General and spe: SEC. 9. The several general terms and special terms of the circuit
º, º * courts, district courts, and criminal courts authorized by law, are
*::::::: *i declared to be, severally, terms of the supreme court of the District
*> tº of Columbia; and the judgments, decrees, sentences, orders, proceed-
ise. 788, R. S. ings, and acts of the general terms, special terms, circuit courts, dis-
* * *-* e - trict courts, and criminal courts rendered, made, or had, are and
shall be deemed judgments, decrees, sentences, orders, proceedings,
and acts of the Supreme court ; but nothing contained in this section
shall affect the right of appeal as provided by law.”
Justices holding SEC. 10. Any three of the justices of the supreme court may hold
gººd *P* a general term, and any one of them may hold a special term. ...
‘Sec. 754, R.S. D. C.
General term SEC. 11. Two of the justices, sitting at general term, shall consti-
may be held by tute a quorum for the transaction of business; but when the two
..º.º. j. justices shall be divided in opinion, the same shall be noted upon
si...ºpio.” the minutes of the court, and thereupon and within four days
Judge not to sit thereafter either party in Such cause may file with the clerk of the
ºn hearing appeal court a motion in writing to have such cause re-argued before three
frºm his own de- or more justices;
“ClSIOll. But no justice shall sit in general term to hear an appeal from
Feb. 25, 1879. , , any judgment or decree or order which he may have rendered at the
'20 Stat., sec. 21, special term. [See note to § 9 of this chapter.]
p. 320.
Re-argument SEC. 12. Whenever at a general term, held by four justices, the
when in general court shall be equally divided, such divisions shall be noted on the
§ ; * minutes; and within four days, either party may file with the clerk
** ** a motion to have the cause re-argued before five justices; and such
Feb. 27, 1877. re-argument shall be as soon as conveniently may be.
19 Stat., 253. [See note to § 9 of this chapter.]
Regulation, of SEC. 13. The supreme court in general term shall have power by
terms amended rule of court to regulate the period of holding its terms, as also the
sec. 755, R. S. periods of all the special terms, and to fix the number of such terms,
T). C. and to alter the same from time to time as public convenience may
Mar. 1, 1889. require.
25 Stat., 749, Sec. 2.
Number of terms SEC. 14. At least three terms of the Supreme court shall be held
required to be held annnally.
annually.
Sec. 756, R. S. D. C. -
... Designation of SEC. 15. The special terms shall be held by one of the justices of
justice to hold spe the supreme court at such time as the court in general term shall
<cial term. appoin t. t
Sec. 757, R.S. D.C. 4 Cranch, C. C., 337; 4 Cranch, C. C., 372, U. S. vs. Williams;
4 Cranch, C. C., 552, U.S. vs. Milburn.
Two circuit SEC. 16. The general term may order two terms of the circuit court
court ... terms at to be held at the same time, whenever, in their judgment the busi-
same time. mess therein shall require it ; and they shall designate by an Order
* The Court of Appeals of the District of Columbia established by act of Congress of Feb. 9, 1893,
27 Stat., ch. 74, p. 434.
CHAPTER XXXV.-JUDICIARY. . . 295
of the court, the time and places of holding the same, and the justices Feb:35, 1879,
by whom they shall, respectively, be held; and shall make all mec- 30,stat, 320,
essary orders for a division of the docket between the justices hold- * *
ing such term ; *
And petit juries shall be drawn therefor, in the same manner as
is provided for in such circuit court, at least ten days before the com-
mencement of any such sitting. -
SEC. 17. That the justice of the supreme court of the District of , Justice holding
Columbia, holding a criminal term for said District, may, when not º Of ºniº,
engaged in the proper business of the criminal term, hold sittings of jitº.o.º.
the circuit court, and employ the petit juries drawn for the crimi-circuit court.
mal term in the trial of such cases depending in said circuit court as rº
the justice presiding therein may assign to him for that purpose; º *ś.
and the business done at such sittings shall be recorded in the min- 36% *...*.*, *.
utes of the circuit court. xii. p. 763.
SEC. 18. That any justice of the supreme court of the District of . A judge holding
Columbia holding a term of the circuit court for said District (when- * court *.
ever the condition of the business in such circuit court and in the hº j"...i.
criminal court, in the Opinion of the general term of said Supreme cases.
Court, may render it proper and expedient so to do), may hold sit- Secs. 753–759, R.
tings for the trial of such criminal cases, depending in the criminal S. D. C.
court as the justice presiding therein may assign for that purpose, June 8, 1888.
and may employ the petit juries drawn for such circuit court for 21 Stat., 166.
such trials; and such sittings may be held during the regular Sessions Sup., 588.
of the criminal court, or, in the recess thereof, during the term of
such circuit court; and the business done at such sittings shall be
recorded in the minutes of the criminal court.
Jurisdiction.
SEC. 19. The Supreme court shall possess the same powers and Jurisdiction of
exercise the same jurisdiction as the circuit courts of the United the supreme court
States. [See R. S. U. S., § 605, et seq.; also note to § 9 of this chapter.] as a Circuit COurt.
- Sec. 760, R. S. D. C.
93 U.S. Rep., 548, Stanton vs. Embrey; 135 U.S. Rep., 314, Willard vs. Wood; 27
Feb., 1801, ch. 15, v.2, p. 105; 3 Mar., 1863, ch.91, sec. 3, v. 12, p. 763. , 1 Cranch, C. C.,
50, U.S. vs. Heinegan; 6 Wheat., 106, Mechanics' Bank of Alexandria vs. Withers;
17 Peters, 245, McKenna vs. Fiske; 1 Howard, 241, same case ; 4 Cranch, C. C., 682,
U.S. vs. Tarlton ; 12 Peters, 524, Kendall vs. U. S.; 14 Peters, 497, Decatur vs. Pauld-
ing; 2 Cranch, C. C., 13, Berry's Petition; 6 Cranch, 233, Custis vs. Alexandria and
Georgetown Turnpike Co.; 2 Peters, 157, Thompson vs. Tolmie ; 1 Cranch, C. C.,457,
Cannon vs. Davis; 1 Cranch, C. C., 123. U.S. vs. Wright; 5 Cranch, C.C., 503, Hard
vs. Stone; 1 Cranch, C. C., 44, U.S. vs. Jack ; 1 Cranch, C. C., 103, U. S. vs. Louder;
Eac parte Magruder, Am. Law Reg., v. vi., N. S., p. 292; 13 Wall., 336, Bradley vs.
Fisher; 5 Peters, 263. Cathcart vs. Robinson; Eag parte Watkins, 7 Peters, 568; 1
Cranch, C. C., 36, Rutter vs. Merchant; 1 Cranch, C. C., 88, Ridgway vs. Pancost ; 2
Cranch, C. C., 60, U. S. vs. Porter; Eac parte Levi S. Burr, 2 Cranch, C. C., 379; 9
Wheaton, 529, same case; 4 Cranch, C. C., 372, U.S. vs. Williams; 5 Cranch, C. C.,
163, U. S. ea; rel. Stokes vs. Kendall. -
SEC. 20. The justices of the supreme court shall severally possess ... Power of jus-
the powers and exercise the jurisdiction possessed and exercised by *
the judges of circuit courts. º pº 761, R. S.
13 Peters, 17, Van Ness vs. Bank of U. S.; 1 Cranch, C. C., 331, Voss vs. Luke ; 1
Cranch, C. C., 346, Woods vs. Young; 1 Cranch, C. C., 357, Parks, administrator, vs.
Willis; 1 Cranch, C. C., 360, Lewis vs. Mandeville ; 1 Cranch, C. C., 433, Pierce vs.
ºé lºaneh.o.o.º. Barnes vs. Lee; 1 Cranch, C. C., 585, Georgetown T. R.
O. (US. UUISUIS.
SEC, 21. Any one of the justices may hold a special term, with the Jurisdiction as a
same powers and jurisdiction possessed and exercised by district "*
courts of the United States. [See R. S. U. S., § 551, et seq.] Sec. 762, R. S.
D. C.,
296 CHAPTER xxxv.–JUDICIARY.
tººl juris SEC, 22. Said courts shall have cognizance of all crimes and offenses
º &*ś committed within said district and of all gases in law and equity
may hold . ... between parties, both or either of which shall be resident or be found
inal court. within said district and also of all actions or suits of a civil nature
* - at Common law or in equity, in which the United States shall be
Sec. 768, R.S. plaintiffs or complainants; and of all seizures on land or water, and
#. §: ºnded all penalties and forfeitures made, arising or accruing under the
*ś3. laws of the United States; and any one of the justices may hold a
šup. R.'s 279, ; ºrt for the trial of all crimes and offenses arising within
par. 11. e District.
6 D. C. Rep., 53, U.S. vs. Griffin; 1 Mackey Rep., 560, U.S. vs. Guiteau; 1 Mackey
; º: § ºrady ; 6 Mackey Rep., 34, U.S. vs. Marshall; 7 Mackey Rep., 28,
eynolds vs. Smith.
Jurisdiction of SEC. 23. That the criminal court of the District of Columbia shall
the , criminal have jurisdiction of all crimes and misdemeanors committed in said
court. District, not lawfully triable in any other court, and which are
June 22, 1874, required by law to be prosecuted by indictment or information.
18 Stat., 193, sec. 1. 127 U. S. Rep., 540, Callan vs. Wilson.
. Thirty-third sec. SEC. 24. The provisions of the thirty-third section of the judiciary
tion jº º act of seventeen hundred and eighty-nine shall apply to courts cré-
º ºn tº ated by act of Congress in the District of Columbia.”
Congress in this
District.
June 22, 1874, 18 Stat., 193, ch. 396, Sec. 2.
For crimes SEC. 25. That for any crime or offense against the United States,
against United the offender may, by any justice or judge of the United States, or
jºiº. by any justice of the peace, or other magistrate of any of the United
tºº. States where he may be found agreeably to the usual mode of proc-
ess against offenders in such state, and at the expense of the United
Sept. 24, 1789. **** ***** • lo a 3
1. §. 91, sec. States, be arrested and imprisoned Or bailed, as the case may be, for
33. trial before such court of the United States as by this act has cog-
Act.Mar. 3, 1793, nizance of the Offense. (b) And copies of the process shall be returned
Ch. 22 as speedily as may be into the clerk's office of such court, together
tº 16, with the recognizances of the witnesses for their appearance to tes-
Recognizanceto tify in the case, which recognizances the magistrate, before whom
be . i., the examination shall be, may require on pain of imprisonment.
clerk’s office. And if such commitment of the offender, or the witnesses shall be
in a district other than that in which the offense is to be tried, it
Offender may be shall be the duty of the judge of that district where the delinquent
ºved *Y* is imprisoned, seasonably to issue, and of the marshal of the same
Ta,Ilú. district to execute, a warrant for the removal of the Offender, and
the witnesses, or either of them, as the case may be, to the district
in which the trial is to be had. And upon all arrests in criminal
cases, bail shall be admitted, except where the punishment may be
death, in which cases it shall not be admitted but by the supreme
Bail admitted; or circuit court, or by a justice of the supreme court, or a judge of
when. a district court, who shall exercise their discretion therein, regard-
ing the mature and circumstances of the offense, and of the evidence,
and the usages of law. And if a person Committed by a justice of
e the supreme or a judge of a district court for an offence not punish-
Bail; how taken able with death, shall afterwards procure bail, and there be no judge
of the United States in the district to take the same, it may be taken
by any judge of the Supreme Qr superior court of law of such state.
Jurisdiction un- SEC. 26. The Supreme º jurisdiction of actions, suits, con-
der copyright and troversies, and cases, as well in equity as at law, arising under the
patent laws. Copyright and patent-laws, and for damages for the infringement of
Sec. 764, R, S, any patent. by action on the case, in accordance with the provisions
t of Sections forty-nine hundred and nineteen, forty-nine hundred and
*The provisions here referred to, of the judiciary act of 1789, ch. 20, Sec. 33(1 Stat...L., 91), are incor-
porated into Revised Statutes, secs. 727, 879, 1014, 1015, 1016.
\ CHAPTER xxxv.–JUDICIARY. 297
| • º
twenty, and forty-nine hundred and twenty-one, of chapter one, ...; July, 1870, ch.
Title LX, of the Revised Statutes of the United States, ‘‘PATENTs, ; º º;
TRADE-MARKS, AND COPYRIGHTS.” [see R. S. U.S., p. 960. See R. s. U.S., $699.j . .i." P. “”
2 Cranch C. C., 208, King vs. Force; 2 Cranch, C. C., 287, Turner vs. Johnson.
Amended Feb. 27, 1877. 19 Stat., 254. Sup. R. S., 279, par. 12.
SEC, 27. The supreme court shall have jurisdiction of all applica- Indivorcecases.
tions for divorce. [See §§ 781-749, R. S. D. C.] Sec. 766, R. S
D. C. 19 June, 1860, ch. 158, sec. 1, v. 12, p. 59.
SEC. 28. No action or suit shall be brought in the supreme court ... Original actions
by original process against any person who shall not be an inhabi- limited to District,
tant of, or found within, the District, except as otherwise specially *P*
provided. [See R. S. D. C. § 787, R. S. U. S.] - Sec. 767, R. S.D.C.
27 Feb., 1801, ch. 15, sec. 6, v.2, p. 106; 6 Mackey Rep., 509, Gorham vs. Shep-
º: 2 Cranch, C. C., 564, Vasse vs. Comegyss; 5 Cranch, C. C., 496, Vaughan vs.
Orthup.
SEC, 29. The Supreme court has power to proceed in all common . Power of court
law and chancery causes instituted before it, in which either of the in ºoºººº lºw
arties reside without the District, in the same way that non-resi- tº chancery
ents were proceeded against in the general court or in the supreme ©
court of chancery in the State of Maryland on the third day of May, Sº. 768, R. S.
eighteen hundred and two. . D. C.
SEC. 30. The justices of the Supreme court shall not hold original . Amount required
plea of any debt or damage in cases within the jurisdiction given to 9 give jurisdiº-
justices of the peace, which shall not exceed fifty dollars, exclusive *
of costs. [See § 997, R. S. D. C.] Sec. 769, R.S.I).C.
3 Mar. 1823, ch. 24, sec. 6, v. 3, p. 744. 6 Mackey Rep., 511, Newmeyer vs. Cowling.
SEC. 31. The supreme court, in general term, shall adopt such The court shall
rules as it may think proper to regulate the time and manner of adopt rules.
making º: from the special term to the general term, and may sec. 770, R. S.
prescribe the terms and conditions upon which such appeals may be D. C.
made, and may also establish such other rules as it may deem neces- a. 3 Mar, 1863,ch.
sary for regulating the practice of the court, and from time to time ..." 6, v. 12, p.
revise and alter such rules. It may also determine by rule what ' ' Mackey Rep.
motions shall be heard at a special term, as non-enumerated motions, 27, Reynolds is:
and what motions shall be heard at a general term in the first Smith. -
instance. [See § 9 of this chapter.]
SEC. 32. All official oaths required by law to be taken by officers Justices may ad-
of the United States, may, in the District, be administered and cer- ºinister Qāſhs to
tified by any one of the justices of the Supreme court of the District. :* States
Sec. 771, R. S. D.C. 26 June, 1848; ch. 82, v. 9, p.242.
SEC. 33. The said courts shall have power to impose and adminis- Power to impose
ter all necessary oaths, and to punish, by fine or imprisonment, at ºaths and Punish
the discretion of the court, contempts of their authority. Provided, *P*
That such power to punish contempts, shall not be construed to . Sec. 725, R. S.
extend to any cases except the misbehavior of any person in their U. S.
presence, or so near thereto as to obstruct the administration of jus- a.º. 1ſº
tice, the misbehavior of any of the officers of said courts in their jºš.” ‘’’ ‘’’’
official transactions, and the disobedience or resistance by any such 2 Mar. 1831, ch.
officer, or by any party, juror, witness, or other person, to any law- 93, Sec. 1, Y. 4, p.
ful writ, process, order, rule, decree or command of the said courts. % wallace Rep.,
157, in re Chiles; 121 U.S. Rep., 26, Worden vs. S rls; 128 U.S. Rep., 289, Ea, parte
Terry; 4 Wall., 378, Ea, parte Garland; 19 Wall. , Ea; parte Robinson; 13 Blatch.,
271, Allen's Case. -
298 CHAPTER xxxv.–JUDICIARY.
Jurisdiction— appellate.
Appeals from SEC. 34. Any party aggrieved by any Order, judgment, or decree,
ºl to general made or pronounced at any special term, may, if the same involve
.*.*.*.*.*, *-*. . e. the merits of the action or proceeding, appeal therefrom to the gen-
Sec. 772, R. S. eral term of the Supreme court, and upon such appeal the general
* 1863, ch. term shall review such order, judgment, or decree, and affirm, reverse,
- or modify the same, as shall be just.
% Sec. 5, v. 12, p. (see: Sid, R. S. D.C., host, $43,46. See also note to $9 of this Chapter.]
2 Cranch, C. C., 97, Gitting vs. Burch; 1 MacArthur Rep., 165, Philip vs. Gardner;
ibid., p. 241, U.S. vs. Wood; 3 MacArthur Rep., 402, Bryan vs. Sanderson; ibid., p. 9,
Parson vs. Parker; ibid., 283, Davis vs. Speiden; ibid., p. 73, U.S. vs. Ottman; 2 Mackey
Rep., 254, Phillips vs. Negley; 3 Mackey Rep., 118, in re Kirk; 51Mackey Rep., 250, U.
S. vs. Phillips; 7 Mackey Rep., 150, Fraser vs. D. C.; 8 Mackey Rep., 85, U.S. vs. Draper;
ibid., p. 495, in re Hoover; 9 Mackey Rep., 97, Smith vs. May; 113 U. S. Rep., 540,
Richards vs. Mackall; 115 U. S. Rep., 225, Lancaster vs. Collins; 2 Cranch, C. C., 200,
Deneale’s Executrix vs. Young. - -
Appeals, from SEC. 35. Appeals from the police court shall be tried on the infor-
police court. mation filed in the court below, certified to supreme court, by a jury
Sec. 773, R. S. in attendance thereat, as though the case had originated therein,
C
e *-* tº and the judgment in the Supreme court shall be final in the case.
17 July, 1870, ch. [See 26 Stat. 848, Mar. 3, 1891, and note to § 9 of this chapter.]
133, secs. 3, 8, v.16, pp. 154, 155.
Appeals from jus- SEC. 36. In cases of appeal from a justice of the peace, as soon as
tices of the peace, the appellant shall have made the deposit for costs required by law,
Sec. 774, R. S. Ol' obtained, leave from One of the justices, or from the court, to
© ºf 9 prosecute his appeal without a deposit, the clerk shall docket the
22 Feb., 1867, ch, cause and shall issue a summons for the appellee to appear at the
% Sec. 9, V.14, P. next trial term of the court. -
1 MacArthur Rep., 345, Luchs vs. Jones; 3 McArthur Rep., 6, Fitzgergerald vs. Lis-
man; 2 Cranch, C. C., 39, Minifie vs. Duckworth; 2 Cranch, C. C., 259, Howard vs. U.
S.; 2 Cranch, C. C., 446, Sherburne vs. Semmes; 2 Cranch, C. C., 515, Davidson vs.
|Burr; 2 Cranch, C. C., 523, Maddox vs. Stuart; 2 Cranch, C. C., 676, Coumbe vs. Nairn;
2 Cranch, C. C.,677, Cross vs. Blanford; 2 Cranch, C. C.,459, Delaney vs. Corporation;
^2 Cranch, C. C., 460, McGunnigle vs. Corporation; 4 Cranch, C. C., 252, Butt vs. Stinger;
4 Cranch, C. C., 232, Ward vs. Corporation; 4 Cranch, C. C., 90, Chase vs. Smith; 5
"Cranch, C. C., 381, Owner vs. Corporation; 5 Cranch, C. C., 674, Jeffers vs. Forrest.
Such appeals SEC. 37. The Supreme court shall in a summary way hear the alle-
shall *: * gations and proofs of both parties, and determine upon the same
*Y* according to law and the equity and right of the matter, at the same
Sec. 775, R. S. term, without further continuance or delay, unless it shall appear to
D. C. the court that further time Ought to be given to the party applying
1 Mar., 1823, ch. for the same
24, sec. 7, v. 3, e
744. 1 Cranch, č. C., 401, Mead vs. Scott;4 Cranch, C. C.,232, Ward vs. Corporation.
Trial by jury at SEC. 38. Either of the parties may demand a trial by jury, or leave
election of parties: the cause to be determined by the court, at their election.
Sec. 776, R. S. D. C.
When appellee , SEC. 39. In any case of appeal from the decision of a justice of
fails to appear the peace, where two summonses against the appellee shall be
Sec. 777, R. S. returned non est, Or one attachment returned non est, and the appel-
D. C. lee shall not appear, the Court may proceed to hear and determine
the case in the same manner as if the appellee had regularly
appeared. y
When appellant SEC. 40. If the appellant fails to prosecute his appeal, the appellee
fails to prosecute. may, upon making the deposit for costs, have the cause docketed,
sec. 78, R, s and move for affirmance of the justice's judgment, or he may have
e a trial of the cause upon its merits.
CHAPTER xxxv.–JUDICIARY. 299
SEC. 41. No appeal from the judgment of any justice of the peace . When appeal
to the supreme court shall be dismissed because the same had not ** ºo: be dis-
been prayed to the term next after the rendition of such judgment, *
unless the court shall be satisfied that the defendant had notice of Sec. 779, R. S.
D
such judgment at least ten days before the sitting of court. . C.
. . 1 Mar. 1823, ch. 21, Sec. 7, v. 3, p. 744
SEC. 42. The supreme court, sitting in banc, shall have jurisdic- . Appeals from
tion of and shall hear and determine all appeals from the decisions gºoner Of
of the Commissioner of Patents, in accordance with the provisions *
of sections forty-nine hundred and eleven to section forty-nine hun- Sec. 780, R. S.
dred and fifteen, inclusive, of chapter one, Title LX, of the Revised Pºuly, 1870, ch
Statutes, of the United States “PATENTS, TRADE-MARKS, AND 235".” .
25 0, secs. 48, 49,
*COPYRIGHTS. - 50, 51, v. 16, p.
[See R. S. U. S., p. 958. See R. S. U. S., § 699; also note to § 9 of this chapter.] 205.
Amended Feb. 28, 1877; 19 Stat., 254; Sup. R. S., 280, par. 14. 22 Wash. Law
Rep., 89, Einstein vs. Sawhill.
Removal of causes to the Supreme Court of the United States.
SEC. 43. Any final judgment, order, or decree of the supreme Writs of error
court of the District may be re-examined and reversed or affirmed and appeals.
in the Supreme Court of the United States, upon writ of error or Sec. 846, R. S.
appeal, in the same cases and in like manner as provided by law in D.C.
reference to the final judgments, Orders, and decrees of the circuit 9 º * º
courts of the United States.” [See note to § 9 of this chapter.] p #. , V. 13,
19 Wallace Rep., 62, Railroad vs. Church; 20 Wall. Rep., 387, NewOrleans vs. Steam-
ship Co.; 20 How. Rep., 135, McMicken vs. Perin; 134 U. S. Rep., 47, Ormsby vs.
Webb; 148 U. S. Rep., 160, 162, in re Schneider; 149 U. S. Rep., 580, Loeber vs.
Schroeder; 102 U. S. Rep. 121, Hays vs. Fisher; Newport Light Co. vs. City of New-
port, 151, U. S. Rep., 527; 3. Wheat., p. 600, Ross vs. Triplett; 14 Wall., p.
419, Smith vs. Mason; 1 Cranch, 317, U. S. vs. Hooe; 4 Cranch, 384, Young vs. Bank
of Alexandria; 6 Cranch, 233, Custis vs. Georgetown and Alex. T. Co.; 7 Whcat,
534, Columbian Insurance Co. vs. Wheelright; 3 Cranch, 159, U. S. vs. More; 8
Cranch, 251, Carter vs. Cutting; 1 Peters, 562, Nicholls vs. Hodges; 7 Cranch, 276,
Wise vs. Columbian Turnpike Co.; 6 Peters, 349, Scott vs. Lunt; 8 Peters, 44, Lee vs.
Lee; 1 Cranch, C. C., 108, Thompson et al. vs. Voss; 1 Cranch, C. C., 116, U. S. vs.
Hooe & Co.; 1 Cranch, C. C., 180, Moore et al. vs. Dunlop; 1 Cranch, C. C., 443,
Grundy vs. Young; 1 Cranch, C. C., 532, Ea, parte Negro Ben; 2 Cranch, C. C., 8,
Marsteller vs. McClean; 2 Cranch, C. C., 310, Renner vs. Bank of Columbia; 2 Cranch,
C. C., 266, U. S. vs. Columbian Ins. Co.
SEC. 44. That no appeal or writ of error shall hereafter be allowed Appeals or writs
from any judgment or decree in any suit at law or in equity in the 9 º' ,º.º.
& ſº tº lº e e l
supreme court of the District of Columbia, or in the supreme court ... ...;
of any of the Territories of the United States, unless the matter in be more than
dispute, exclusive of costs, shall exceed the sum of five thousand $5,000.
dollars. (See note to § 9 of this chapter.] *
Mar. 3, 1885, 23 Stat., 443, ch. 355, sec. 1, 2 Sup. R. S., 485. 148 U. S. Rep. , 157,
in re Schneider; 130 U. S. Rep., 227, District of Columbia vs. Gannon; 133 U. S.
Rep., 610, Keller vs. Ashford; 98 U. S. Rep., 401, Railroad vs. Grant; 134 U. S.
Rep., 124, Kenaday vs. Edwards. -
SEC. 45, That the preceding section shall not apply to any case ... Not to *ś. to
wherein is involved the validity of any patent or copy-right, on in § sity .#
which is drawn in question the validity of a treaty or statute of or "...º.º.º.
an authority exercised under the United States; but in all such cases treaty, statute, or
an appeal or writ of error may be brought without regard to the sum authority exer;
'or value in dispute cised under United
- g States.
Ibid., sec. 2.
130 U. S. Rep., 210, B. and P. Railroad vs. Hopkins; 137 U. S. Rep., 280, U. S. vs.
Lynch; 151 U. S. Rep., 527, Newport Light Co. vs. Newport.
*An appeal does not lie from a judgment of conviction of a capital crime. 145 U.S. Rep. 571, Cross
w8. U.S.; 144 U. S., Rep. 92, in re Heath.
300 CHAPTER xxxv.–JUDICLARY,
No supersedeas, SEC. 46. There shall be no supersedeas or stay of execution of the
‘....Y., º, ... judgments of the supreme court of the District, otherwise than by
cution e XC ept, , ; e te dings in “Or to * •
when. injunction, or upon proceedings in error to the Supreme Court of
S 850, R. S the United States. [See note to § 9 of this chapter.]
Sec. SOU, • N
D. C. & Feb., 1867, ch. 64, sec. 4, v. 14, p. 408. 110 U.S. Rep., 227, Peugh vs. Davis.
Orphans court powers.
Powers ºf 9. SEC. 47. That all the powers and jurisdiction by law now held and
Fºº.” exercised by the orphans court of Washington County, in the District
º: of Columbia, shall hereafter be held and exercised by the justice
special term of holding the special term of said supreme court for that purpose,
supreme court, subject always to the same provisions as are contained in the fifth
Fº of 99 section of the act of Congress, entitled “An act to reorganize the
UlDºll)18,. courts in the District of Columbia, and for other purposes,” approved
June 21, 1870, March third, eighteen hundred and sixty-three.*
16 stat. ch. 161, [See § 772, R. S. D. C., Appeals to General Term.]
SeC. 4. t -
5 Mackey Rep., 293, McIntire's estate; 19 Wash. Law Rep., 241, in re Talty’s
estate; ibid., 9 Mackey Rep., 32; 2 Mackey Rep., 332, Keyser vs. Breitbarth; 134 U.
S. Rep., 47, Ormsby vs. Webb; 19 Wall Rep., 65, Railroad vs. Church. -
Orphans' court SEC. 48. That the orphans court of Washington County, District
abolished. lating of Columbia, be and the same is hereby abolished; and all laws and
a.º. dºi parts of laws relating to said orphans court, so far as the same are
in force. applicable to said supreme court, are hereby continued in force in
respect to said supreme court; and all other laws and parts of laws
relating to said orphans’ court are hereby repealed: Provided, how-
ever, That nothing herein contained shall be construed to abolish
the office of register of wills for said county.
Ibid., sec. 5,
Jurisdiction of SEC. 49. [The governor, by and with the advice and consent of the
*i. i. council, shall have authority to appoint and commission three men
§ 3,C1LIll Il of integrity and judgment in each county of the state, to be justices
te of the orphans court in such county, for the purpose of taking the
º; º º: #: of Wills, granting letters testamentary and of administration,
º tº * * directing the conduct and settling the accounts of executors and
§ Rilty, 852, administrators, securing the rights of legatees, superintending the
1 Dorsey, 410. distribution of the estates of intestates, securing the rights of Orphans
MacArthu...& and legatees, and administering justice in all matters relative to the
Mºp,”,” Wºº affairs of deceased persons, according to law.
son vs. Ames.
General juris- SEC. 50. The Orphans court [in each county] shall keep a Seal for
diction and powers the said court, and for the office of register of wills; and each orphans
as ºn orphans' court that hath not already a seal, shall provide the same ſº the
court. expense of the county, and the said seal shall be fixed to all certi-
Ibid., sec. 12, ficates of the court, or of the register, and to every process and writ
... Mºkº Repº of every kind issued from the court. The orphans court shall have
ɺw...i. full power, authority and jurisdiction to examine, hear and decree
i.” Rep.'"; upon, all accounts, claims and demands, existing between wards and
James vs. Tappan; their guardians, and between legatees, or persons entitled to any
ibidº. 54, Bohrer distributable part of an intestate's estate, and executors and admin-
*9tterback istrators, and may enforce obedience to, and execution of, their
decrees, in the same ample manner as the court of chancery may ;
and the court may, upon the application of an infant, or any person
On his behalf, suggesting improper conduct in any guardian what-
ever, either in relation to the care and management of the property
or person of any infant, inquire into the same, and at their discre
tion remove Such guardian and make choice of another, who shall
give security, and conduct himself in the manner herein before pre-
Scribed, and shall receive the porperty and custody of the said ward.
* Decrees and orders of special term for orphans' court business shall be recorded by the register
of wills. See sec. 930, R. S. D. C.
CHAPTER xxxv.–JUDICIARY. 301
2"
SEC. 51. The orphans court shall, in all cases, have power to issue Court may com-
a Summons for any person concerned in the affairs of a deceased per- #. Jº.; to at-
son, or for any witness or other person whose appearance in the said “* * *
court, for any purpose, shall be 㺠necessary or proper, and the Ibid., Sec. 18.
said summons ji be returnable, at the discretion of the court, or as , '1,9taºgh, 9;
herein before directed; and if it be necessary or proper to enforce # Eac parte
the appearance of the part, the court, on the return of the ‘sum- e
...; and failure to appear, may issue an attachment ; and when
the party shall appear, or be brought in thereon, may find him or
her, not exceeding thirty dollars; and if a witness before the court
shall refuse to give evidence, the court may commit him or her to
the custody of the marshal [sheriff of his or her county, or coroner,
(if the case may require,) there to remain until he give evidence,
or be discharged according to law ; Or, the court may attach and
sequester the party’s estate, or a part thereof, as hereafter directed.
SEC. 52. Every marshal [sheriff] and coroner, (as the case may Proºes to be
require,) shall serve any summons or process to him directed by the ºrshal
orphans court [of his or any other county within the state, and shall º
make return thereof according to its tenor, and on failure, he shall Ibid., Sec. 14.
beliable to be proceeded against by attachment and fine as aforesaid,
or otherwise, as any other person may be proceeded against.
SEC. 53. In any case where two summonses shall be regularly re- Sequestration
turned non est by the marshal [sheriff, or other officer of the county where. Party fails
where the party last resided, and itshall be necessary to proceed fur. **
ther to compel the party’s attendance, the court may order and issue Ibid., Sec. 15.
an attachment against his or her lands, tenements, goods and chattels,
and on return of such attachment, to which a schedule of the prop-
erty, (if any,) attached shall be annexed, the court, by Order, or com-
mission under seal, may authorize some person or persons to take
into his care and custody the lands, tenements, goods and chattels,
returned in the schedule, or any part thereof, and receive the profits
thereof, to be accounted for, until the party shall appear and obey the
order of the court, or until further order, and the marshal [sheriff, or
other officer, shall deliver the property accordingly, or be liable to
be proceeded against as aforesaid: Provided, That the person or per-
sons so authorized shall first give bond to the United States of
America, ſstate, with such security, and in such penalty, as the
court shall direct, to be recorded, sued, and to be on a footing with
an administration bond, conditioned for rendering a true account of
the said estate or property, and of the profits thereof, and to deliver
the same according to the court’s Order, deducting such allowance
for loss, and such commission, not exceeding five per cent. On the
whole, as the court shall think proper to grant ; and whenever the
purpose for which the said property was sequestered shall have been
answered, the court shall direct the said estate or property, and
profits, (deducting as aforesaid,) to be restored to the party ; and on
the death of the party, the court shall order the same to be delivered
to his or her heirs, devisees or legal representatives, as soon as the
said purpose shall be answered, or immediately, on application, and
satisfying the court of the party’s right, in case the said purpose,
after the death of the original party, cannot be answered.
SEC. 54. Whenever either of the parties having a contest in the Plenary pro-
Orphans court shall require, the said court may direct a plenary pro- º how reg-
ceeding, by bill or petition, to which there shall be an answer, on *
oath, (or affirmation,) and if the party refuse to answer on Oath, (or Ibid., sec. 16.
affirmation, as the case may require,) to any matter alleged in the , 134,0: $; Rep.
bill or petition, and proper for the court to decide upon, the said &lº.
jº ſe 5 y
Fº may be attached, fined and committed, or his property may Rep. 52, Ejé
e attached and sequestered as aforesaid. ºvs. Garnett ; 8
Mackey Rep., 495, in re Hoover.
302 * CHAPTER xxxvi.-JURY.
*
Issues to be made SEC. 55. And on Such plenary proceeding all the depositions shall
up and jury trial be taken in writing, and recorded; and in case either party shall
Ibid...sec. 17.T require, the court shall direct an issue or issues to be made up, and
134 tſ. S. Rep., sent to any court of law which may be most convenient, under all
47, Qrmsby vs. circumstances for trying the same; and the said issue or issues shall
Wºº,"lº be tried in the said court of law as soon as may be, without any con-
rººmmons tinuance longer than is necessary to procure the attendance of a wit-
e e neSS or witnesses; and the power of the court of law, and proceed-
ings thereto relative, shall be as herein before directed respecting
the trial of issues; and the Orphans court shall give judgment, or
decree upon the bill and answer, or upon bill, answer, depositions,
Or finding of the jury; and in all cases of contest, the Orphans court
may award costs to the party in their opinion entitled thereto, and
may compel payment, by attachment of the body, and fine, or attach-
ment and sequestration, as aforesaid, of the property.
[Appeals regulated by § 772, R. S. D. C.
When appeal SEC. 56. An appeal from the Orphans court shall not stay any pro-
shall not stay pro- ceedings therein which may with propriety be carried on before the
ceedings. appeal is decided, provided the said orphans court can provide for
Ibid., sec. 19. conforming to the decision of the court above, whether the said
decision may eventually be for or against the appellant.
Limitation upon SEC. 57. The said orphans court shall not, under pretext of inci-
jurisdictiºn, dis dental power, or constructive authority, exercise any jurisdiction
pº .* whatever not expressly given by this act, or some other law; but
red property. gº J sº º”. - 2 & 5
- – every judgment, decree, decision or order, of the said court, may be
bigº; 30.2, enforced by attachment and sequestration as aforesaid; and if the
Rºß said judgment, decree, decision, or order, be for paying money, the
.*Richi. 3 property sequestrated may, at the discretion of the court, be applied
Mackey Rep., 536, to the purpose for which such judgment, decree, decision or order,
in re Thompson's was given
Estate. glWell,
CHAPTER THIRTY-SIX.
JURY.
Sec. Sec.
1. Lists of jurors to be made, by whom, 16. When names in box all drawn out,
etc. (NOTE.-Penalty for intimi- otc.; grand and petit jurors, how
dating Or Corrupting jurors.) obtained.
2. Names for lists, how selected. 17. Vacancies in grand and petit juries,
3. Qualifications of jurors. how filled.
4. Jury box, how names of jurors placed | 18. Terms of service of jurors.
therein. g 19. Terms of service of grand jurors.
5. When persons drawn as jurors do not 20. Discharge of grand juries.
serve, their names to be returned 21. When and how grand jurors and
to jury box. petit jurors shall be drawn; pro-
6. Custody of the box. Viso ; jurors actually empaneled
7. Jurors in capital cases. in a cause liable to serve until law-
8. Notice to jurors of their selection, fully discharged.
when and by whom served 22. Foreman of grand jury, appointment
9. Notice to jurors, how served. e and powers of.
10. Return of service of notice. 23. Special O at h of grand jurors.
11. Juror failing to attend, after notice, (NOTE. –For oath and additional
penalty. - Oaths of grand and petit jurors.)
12. Additional names, when drawn from 24. Jurors may be challenged (principal)
box. who have served within a year be-
13. Resealing of jury box. fore.
14. Selection of additional jurors, in 25. Challenge of jurors.
cases of vacancies, persons not 26. When peremtory challenges exceed
found, excused, or incompetent. number allowed by law, excess dis-
15. Completion of panel, except in cap- allowed, etc. -
ital cases, by drawing from box, or | 27. Who may be excused from service
by talesmen in discretion of court. as jurors; reasons for being excused.
CHAPTER xxxvi.-JURY. - 303.
Sec. Sec.
28. Exemption for one year after service; 35. Collusion of clerk with respect to
proviso; limit of consecutive serv- drawing of jurors, penalty.
ice. 36. Compensation of jurors.
29. Persons exempt from jury duty. 37. Struck jury, twenty persons to be
30. Persons exempt from jury duty. drawn. -
31. No person having case pending at 38. Talesmen for struck jury.
Same court can act as juror. 39. Venire facias, writ of, how issued,
32. Verdict can not be set aside because served and returned.
of preceding section. 40. Coroners jury, number and pay.
33. Ground for challenge of juror (see 41. No indictor shall try the party in-
preceding two sections). dicted.
34. Collusion with respect to drawing of
jurors, penalty of officer.
SEC. 1. The Supreme court of the District may, by Orders in gen- Lists of jurors.
eral term, from time to time, designate necessary officers or persons Sec. 851, R. S
to make the lists of jurors for service in said court.* D. gº. --- ~~
[See chapter 15, R. S. U. S., title “Juries.”]. As a men ded
25 Stat., 750, Mar. 1, 1889; 2 Sup. R. S., 652. 20 Apr., 1871, ch. 26. 17 Stat., 16.
SEC. 2. The names on the lists shall be selected, as near as may be, Names; how se-
from among the citizens of the several wards or districts of the cities lected.
of Washington and Georgetown, and the three divisions of the Dis- Sec. 852, R. S.
trict outside the limits of said cities, formed by the Eastern Branch D.C.
of the Potomac River and Rock Creek, in proportion to the number 16, June, 1862,
of inhabitants residing therein respectively. - *::::A; 430
SEC. 3. No person shall be competent to act as a juror unless he be Qualifications of
a citizen of the United States, a resident of the District of Columbia, jurors.
over twenty-One and under sixty-five years of age, and a good and {
lawful man, who has never been convicted of a felony or misde- pº 872, R. S.
meanor involving moral turpitude. - * As amended,
Mar. 1, 1889, 25 Stat., 749, Sec. 3. 6 Mackey Rep., 66, U. S. vs. Angney; 4 Mackey.
Rep., 503, U.S. vs. Nardello.
SEC. 4. The names selected shall be written. On Separate and sim- How placed,
ilar pieces of paper, which shall be so folded or rolled up that the jury-box.
names cannot be seen, and placed in a box to be provided for that Tsco sº. E. s
purpose. • *-* - 3 -a-v - N-2, .
D. C.
16 June, 1862, ch. 102, Sec. 4. 12 Stat., 428.
SEC. 5. Whenever a paper, on which is written the name of any , when persons
person, shall be drawn from the jury-box, and such person by reason drawn as jurors do
of being challenged, or for any other reason, shall not serve as a not serve, their
juror, at the term for or at which, he shall have been so drawn, i. º be re-
the clerk of the supreme court of the District of Columbia (unless ...” “ ”
otherwise ordered by the justice presiding in the court for which -
such name was drawn) shall replace the said paper in the jury-box, *: lº,
folded Orrolled up in the manner prescribed by Section eight hundred se... 2 at., 166.
and fifty-three of said chapter, subject to be drawn again from said iſsup. R.S.,539.
jury-box with the other papers therein.
SEC. 6. The box shall be sealed, and, after being thoroughly Custody of box.
shaken, shall be delivered to the clerk of the supreme court for -s. Ts; R. s.
D. C. 3 -a-v r-, -
Safe-keeping. -
12 Stat.,438, ch.102, sec. 4.
SEC. 7. In a capital case where the panel shall be exhausted by Jurors in capital.
reason of challenge or otherwise, the court may, in its discretion, 9°.
order additional names to be drawn; and if all of the names in the Sec. 857, R. S.
box shall be drawn out and no jury found; the court may order the D. C.
marshal to summon talesmen until a jury shall be found.
* For the statute relating to corrupting or intimidating jurors, see secs. 5404 and 5405, R. S. U. S.
304 - CHAPTER xxxvi-J |URY.
Notice to jurors SEC. 8. It shall be the duty of the marshal of the District, at least
of their selection, five days before the beginning of the term of service for which a
Sec. 866, R. S. jury has been selected as provided by law, to notify each person
D. C. drawn by serving on him a notice in writing of his selection as a
Aºndºd ºr juror, of the court he is to attend, and of the day and hour he is to
1, 1889, 25 Stat.,
749; 2 sup. R.S., appear.
651.
Notice, how SEC. 9. Such notice shall be given to each juror in person, or be
served. left at his usual place of residence.
Sec. 867, R. S.
D. C.
Marshal's re- SEC. 10. A copy of the notice, with his certificate stating when
turn. and in what manner the original was served, shall be returned by
sec, sos, R. S. the marshal to the court before the commencement of the term for
. C. which the jurors were drawn.
Juror failing to SEC. 11. If any person selected as a juror and duly notified to
attend; penalty, attend, shall, without sufficient cause, neglect to attend agreeably
Sec. 869, R. S. to notice, he shall be fined by the court in a sum not exceeding
& 5 twenty dollars for every day he shall be absent during the sitting of
the court.
A d dition al SEC. 12. If any person whose name is drawn shall have died or
*ames;, When removed from the district, or become otherwise disabled from serv-
#. * * ing as a juror, the clerk shall draw from the box another name, to
serve instead.
Sec. 859, R. S.
D. C.
Resealing jury- SEC. 13. After the requisite number of jurors shall have been
box. drawn, the jury-box shall be again Sealed, and remain in the custody
Sec. 860, R. S. of the clerk.
. C. -
Selection of ad- SEC. 14. If any persons selected as jurors can not be found, or
ditional jurors, shall prove to be incompetent, or shall be excused from service by
Sec. 862, R. S. the court, the clerk, under the direction of the court, shall draw
. C. from the box the names of other persons to take their places. And
As , ºnd; if after the organization of the jury any vacancies occur therein,
sº * they shall be filled in like manner.
Completion of SEC. 15. If at any time during the impaneling of a jury in any
panel. other than a capital case the regular panel, by reason of challenge
sec sº, E, s, or otherwise, shall be exhausted before, the jury is complete, the
D. C. court may in its discretion direct the clerk to draw from the box the
Amended Mar, names of other persons to serve as jurors and cause them to be sum-
4.88% ºf moned, or order the marshal to summon as many talesmen as may
#'s.” 2 Sup, be necessary to complete the jury,
How summoned SEC. 16. If at any time it shall occur that all of the names in the
when, all names box are drawn out at any term of the court before the first day of
have been dºwn: February, the court may order the marshal to summon from the
Sec. 864, R. S. body of the District twenty-three citizens, having the qualifications
ID. C. of jurors, to serve as grand jurors, and twenty-six citizens, having
º Fº ºch. such qualifications, to act as petit jurors, or either, as may be needed
5 ** at any subsequent term of the court to be held between the time of
the happening of the contingency mentioned and the first day of
February then next ensuing. -
Vacancies, how SEC. 17. Vacancies in either grand or petit juries ordered to be
ed. summoned, as provided in the preceding section, may be filled by
see Ts65, R. S. other persons summoned by the marshalupon the order of the court.
.C.
CHAPTER XXXVI. —JURY. 305
SEC. 18. The term of service of jurors drawn for service in the Term for jurors.
supreme court of the District of Columbia holding a special term as sec. 355, R. S.
a circuit court, or to serve as petit jurors in the Special term as a D. C.
criminal court, shall begin on the first Tuesday in each and every …As a mº, ded
month in which jury trials shall be had and (subject to the pro- §. * lº º
visions of section eight hundred and seven) shall terminate on the '*.*.*.*.
* º 2 Sup. R. S., 651.
Monday preceding the first Tuesday of the following month, except
when the jury shall be discharged by the court at an earlier day.
SEC. 19. The term of service of grand jurors in the special term Term for grand
as a criminal court shall begin with each term of that court as fixed jurors:
from time to time by the Supreme court of the District of Columbia Mar. 1, 1889.
in general term, and shall end with such term, unless the jury shall 25 jat, 749, pt.
sooner be discharged by the court. SeC. 4. -
85 y …” 2Sup. R. S., 651.
SEC, 29. The supreme court of the District of Columbia, may dis; º' "
charge their grand juries whenever they deem a continuance of the * *
sessions of such juries unnecessary. Sec. 811, R. S.
U. S. 16 Aug., 1856, ch. 124,sec. 7, v. 11, p. 50.
SEC. 21. At least ten days before the first Tuesday in each month Jºrors, circuit
when jury trials are to be had, the clerk shall publicly break the * º
seal of the jury-box, and proceed to draw therefrom the names of ...i.a.
twenty-six persons to serve as jurors in such circuit court, and of Proviso. Ser-
twenty-six other persons to serve as petit jurors in such criminal vice.
court, and at least ten days before the commencement of each special Mar. Tisso. 25
term held as a criminal court the names of twenty-three persons stat. 743, pt. sec.
required to serve as grand jurors in such criminal court shall be 4. -
drawn in like manner: Provided, That when any jury shall have 3 Sup. R. S.,651.
been actually empanelled for the trial of any cause the jurymen
composing the same shall be liable to continue in service until they
have been lawfully discharged from said cause.
SEC. 22. From the persons summoned and accepted as grand jurors, ... *** * f
the court shall appoint the foreman, who shall have power to admin- iºn 3. nº
ister oaths and affirmations to witnesses appearing before the grand jºs of
iury.
Jury - Sec. 809, R. S.
U.S. 3 Mar., 1865, ch. 86, Sec. 1, W. 13, p. 500.
SEC. 23. In addition to the oath now prescribed by law to be Special oath of
administered to the grand jury in the District, they shall be sworn grand jury.
faithfully and impartially to inquire into and true presentment make Sec. 840, R. S.
of all offenses against the laws prohibiting dueling.” D. C.
20 Feb., 1839, ch. 30, sec. 7, 5 Stat., 319.
SEC. 24. It shall be good cause of principal challenge to any per- , Jurors may be
son called to serve as a talesman on a petit jury at any term of the sº §:
criminal or circuit courts of the District of Columbia, that he has flººr
served as such juror in the trial of a cause in either of said courts
at ally time within one year next before his being so called and chal- Sec. 861, R. S.
lenged. -g • * D. C. &
Amended, Sup. R. S., p. 539. June 9, 1880. 21 Stat., 166. 4 Mackey Rep., 503,
U. S. vs. Nardello.
SEC. 25. When the offense charged is treason or a capital offense, Challenges.
the defendant shall be entitled to twenty and the United States to Sec. 819, R. S.
five peremptory challenges. On the trial of any other felony, the U. S. -
defendant shall be entitled to ten and the United States to three 8 June, 1873, ch.
$ & e. g & 333 9 re
peremptory challenges; and in all other cases, civil and criminal, ; Sec. 2, W. 17, p.
* For oaths of grand jurors and petit jurors, see 2 Harris Entries, 3 ; also 2 Evan's Harris, 282 and
w; additional oaths of jurors, see secs. 821 and 822, R. S. U.S., 99 U. S. Rep., 183, Atwood vs.
6262 IllS. -
20 (' S
306 - CHAPTER xxxvi-J URY.
_3 Mackey Rep., each party shall be entitled to three peremptory challenges; and in
*U.S.*. Dunn all cases where there are several defendants or several plaintiffs, the
parties on each side shall be deemed a single party for the pur-
poses of all challenges under this section. All challenges, whether
to the array or panel, or to individual jurors for cause or favor, shall
be tried by the court without the aid of triers.
tº: SEC. 26. If, in the trial of a capital offense, the party indicted per-
.*. jemptorily challenges jurors above the number allowed him by law,
ailowed by iaw. Such excess of challenges shall be disallowed by the court, and the
cause shall proceed for trial in the same manner as if they had not
uš. 1981, R. S. been made.
3 Mar, 1835, ch. 40,sec. 4, v.4, p. 777.
Wh9 may be SEC. 27. A person may be excused by the court from serving on a
excused. jury when, for any reason, his interests or those of the public will
be materially injured by his attendance, or when he is a party in
Sec. 874, R. S. e ; -- ~~ º º º
D. C. any action or proceeding to be tried or determined by the interven-
June 18, 1862, tion of a jury at the term for which he may be summoned, or where
12 Stat.,429. , his own health or the death or sickness of a member of his family
1 Cranch, C. r. ; , , -
C., 151, Wilson requires his absence. -
Bryan's case; 1 Cranch, C. C., 154, Offutt vs. Parrott; 1 Cranch, C. C., 157, McIntire's
case; 2 Cranch, C. C., 3, Mima Queen vs. Hepburn; 7 Cranch, C. C. , 290, Same case.
Exemption for SEC. 28. Any person who shall have been regularly drawn as a
9me year after juror, and shall thereupon have served as a juror for the period of
Sel WICe. twenty days or more, shall be exempt from further service as a juror
2 Sup. R.S.,651. in the District of Columbia for the period of one year from the
Māº; 1, 1883. beginning of his said term of service, but nothing herein contained
6 ***** shall render such juror ineligible to serve as a juror during said
Proviso. year: Provided, however, That no person shall be competent to serve
Limit of consec- as a juror for two consecutive terms.
utive service.
Persons exempt SEC. 29. All executive and judicial officers, Salaried officers of the
from jury duty. Government of the United States, commissioners of police, and
sº. 575. E. s. those connected with the police or fire department, counselors and
C. attorneys at law, ministers of the gospel and priests of every denomi-
June 16, 1862, nation, practicing physicians and Surgeons, keepers of hospitals,
chiº, as asylums, almshouses, or other charitable institutions created by or
*S*, *, under the laws relating to the District, captains and masters and
Other persons employed on vessels navigating the waters of the T)is-
trict, and keepers of public ferries, shall be exempt from jury duty,
and their names shall not be placed on the jury-lists.
Additional ex- SEC. 30. That all magistrates, delegates, coroners, Schoolmasters,
emptions from overseers of highways and constables, during their continuance in
jury duty. their respective stations or business, shall be exempt from any attem-
gº. * 1715, ch, dance as j Ull’Ol’S. [Apothecaries exempt. See “Pharmacy.”]
, Sec. 4. -
1 Dorsey, 20. -
... No person have SEC. 31. No marshal [sheriff] shall summons any person to serve
... º: as a petit juror in any court whatsoever, where he hath knowledge
.*.** such person hath any matter of fact depending for trial at the same
Juror. e e -
e court he is summoned to serve in, and that no person having such
#. :% matter of fact depending for trial as aforesaid, shall be admitted as
** a qualified juror between party and party, during the sitting of such
court that such matter of fact shall be, or expected to be tried in.”
b Vº º: SEC. 32. No verdict of a jury shall hereafter be set aside, nor judg-
iaiſºn. ment on any verdict stayed, arrested or reversed, by reason that any
juror who tried the cause had a matter of fact depending for trial as
Md. act 1778, ch. aforesaid.
21, sec. 2. 1 Dorsey, 141.
* It is no cause for arrest of judgment, or for new trial, if they serve as jurors. October, 1778, ch.
21, sec. 2, Md. act. º
CHAPTER XXXVI.-JURY. g 307
SEC. 33. That it shall and may be lawful, to and for the plaintiff It shall be a
or defendant in any cause to be tried in any of the said courts, to . .”
challenge any juror by reason that such juror hath a matter of fact “* * *
depending for trial as aforesaid, and that the having a matter of fact Ibid., Sec. 3,
depending for trial as aforesaid, shall be held and allowed to be a 1 Porsey, 141.
good cause of challenge to any such juror.
SEC. 34. If any officer shall put on the list the name of any person Penalty of officer
at his own request, or on the request of any other person, or shall for collusion.
be guilty of any fraud or collusion with respect to the drawing of Sec. 870, R.T.s.
jurors, he shall be deemed guilty of a º and shall be D.C. 3.
punished by a fine of not less than one hundred dollars, and imprisoned
in the county jail not less than sixty days, for each Offense.
SEC. .35. If the clerk of the court shall draw from the box a greater . Penalty of clerk
number of names than is required by the court, in accordance with for collusion,
law, or shall put in the box any name after the same has been sec. smi, R. S.
delivered to him, or shall be guilty of any fraud or collusion in D. C.
respect to the drawing of jurors, he shall be deemed guilty of a mis-
demeanor, and shall be punished by a fine of not less than One hun-
dred dollars, and be imprisoned in the District jail not less than
sixty days, for each offense.
SEC. 36. Jurors are entitled to the same compensation as received 99 ºpensation of
for their attendance in the circuit and District Courts of the United "*** - -
States, by the act of February twenty-sixth eighteen hundred and . Sec. 873, R. S.
fifty-three, viz.: For actual attendancé at any court or courts, two P.,9.
dollars per day during such attendance." For travelling from their s: º
residence to said court or courts, five cents per mile for going, and iº. 3 supº.s.
the same for returning. 131. 10 Stat...f68.
SEC, 37. In all civil cases called for trial in the court, in which a Struck jury;
jury shall be necessary, according to the laws and constitution of i. persons to.
[this state] Maryland, twenty persons from the panel of petit jurors “"“”
shall be drawn, by the clerk, under the direction of the said respective ... Md. act 1797, ch.
courts, and the names of the twenty persons shall be written upon ***.*... as
two lists, and one of the said lists shall be forthwith delivered to the s £º-
respective parties, or their counsel in the cause, and it shall and may 67 Md. Rep. 336,
be lawful for each of the said parties, or their counsel, to strike out Hamlin vs. State.
four persons from the said lists, and the remaining twelve persons
shall thereupon be immediately empannelled, and sworn as the petit
jury in such cause ; and if the said parties, or their counsel, or either
of them, shall neglect or refuse to strike out from the said lists the
number of persons hereby directed, it shall and may be lawful for
the court to direct the clerk to strike out from the list of the party
or parties So neglecting or refusing, the number of persons herein
before mentioned, and the remaining twelve persons shall be empan-
nelled, and sworn as aforesaid: Provided, mevertheless, That nothing
herein contained shall be deemed or construed to take away the right
of any person or persons to challenge the array or polls of any panel
returned, in the manner always allowed by the laws of this state
[Maryland.]
SEC. 38. The court shall at all times have power to direct talismen Talism en for
to be summoned to serve on juries, where, without such talismen, struck jury.
there would not be twenty of the original pannel, exclusive of the Md. act tºos, ch.
jury charged, from whom a jury can be formed, and if the parties, 94, sec. 2.
or their counsel, agree, the drawing of a pannel of twenty jurors in 3 Kilty, 823 a.
any cause may be dispensed with.
SEC. 39. Writs of venire facias, when directed by the court, shall Writ of venire,
issue from the clerk’s office, and shall be served and returned by the hºw sued and
marshal in person, or by his deputy; or, in case the marshal or his * *
308
CHAPTER XXXVII.—JUSTICES OF THE PEACE.
Sec. 808, R. S. deputy is not an indifferent person, or is interested in the event of
U. S.
24 Sept., 1789
Ch. 20, sec. 29.
1 Stat., 88.
Coroner's jury;
Mar. 3, 1881.
21 Stat., 458.
try the Party the indictees of felonies or tr
indicted.
25 Edward III,
ch. 3, Sec. 1, A. D. 1350.
the cause, by such fit person as may be specially appointed for that
purpose by the court, who shall administer to him an oath that he
will truly and impartially serve and return the writ.
SEC. 40. That hereafter a jury of inquest summoned by the coroner
number and Pay: shall consist of six persons, and each of said jurors shall be paid one
dollar a day for his services.
2 Sup. R. S., 322.
No indictorshall
SEC. 41. No indictor shall be put in inquests upon deliverance of
Alex. Brit. Stat., 171.
espass, if he be challenged for that same
cause by him which is so indicted.*
Kilty's Rep., 37.
*By indictors were meant not only the jurors who presented, but those who were sworn to inform
them or who, as it is termed now, preferred the indictment.
CHAPTER THIRTY-SEVEN.
JUSTICES OF THE PEACE,
Sec.
1. President may appoint fifteen jus-
: Interest on judgments of.
tices. Term of ; jurisdiction of ; ; 21. Judgments, renewal of, by scire
unfinished business and tran- facias.
Scripts of. 22. Trial by jury, in case of, parties may
. Expiration of term of certain jus-
tices; deposit of their dockets and
transcripts of, by clerk supreme
Court. *
3. Bond of, form and amount of.
. Jurisdiction of.
. Criminal jurisdiction, not to exercise.
. May issue warrants returnable to
police court.
. Docket of, justice to keep.
. Docketing of cases, liability of, for
to issue, etc.
. Warrants shall be directed to con-
stable.
demand. -
. Venire, when jury trial demanded.
. Jurors, qualifications of.
. Talesmen.
. Jurors, Oath of.
. Oath of office. 27. Trial public.
. General powers and duties. 28. Constables, oath of.
. Rules and forms for, to be prescribed 29. Verdict on trial by jury.
by supreme court. 30. Judgment and execution in cases
tried by jury. -
. Fieri facias, when empowered to
issue.
32. Execution, property subject to.
. Execution upon copy of judgment of
another justice of the peace.
failure to. 34. Plaintiffs receipt. ---
2, Nonresidents must first give security | 35. Judgments of, when a lien.
for costs before entering suit. 36. Stay of execution.
3. Original writs of, in civil cases, when | 37. Stay of execution, how entered.
. When no stay shall be allowed.
. Expirations of time of Supersedeas,
to enter judgment against whom.
. Warrants and executions issued by, 40. Appeals to supreme Court.
when returnable. 41. Bond on appeal.
. Continuances of cases not to exceed 42. Papers to be filed, where, on appeal.
x- fourteen days. 43. Commission of, when void.
Justices of the
peace.
. Trials and judgments.
. Removal of cases to other justices,
how.
. Witnesses, power to compel attend-
ance of.
New trial,
when; judgment by default, when.
(See Note to this section.)
. Removal of, by supreme court.
. Fees of, fixed by supreme court.
. When sued may plead general issue.
etc.
7. May make tender in bar of action.
SEC. 1. The President of the United States shall nominate and, by
and with the advice and consent of the Senate, appoint fifteen jus-
tices of the peace within and for the District of Columbia. , Said
justices of the peace shall be assigned as follows: two in the city of
June 7, 1878.
20 Stat., 100, ch.
163. 1 Sup. R. S., Georgetown, one in Tennallytown, one in Brightwood, one in Union-
*pointment town, and ten in the city of Washington. Their term of office shall
§§."“ be four years, subject to removal for cause. They shall respectively
Term. have the jurisdiction, exercise the powers and functions, and per-
-Jurisdiction.
CHAPTER xxxvii.-JUSTICES OF THE PEACE. 309
form the duties as now provided by law for said officers respectively.
Said justices of the peace, shall be the successors of the justices of the
peace who now hold office in said District, and shall proceed in and
close up all such unfinished business of their predecessors as may be Unfinished busi-
brought to their attention by any party in interest, who shall present mess.
a transcript of the same, as hereinafter provided. And in like man-
her they shall proceed in and close up all unfinished business of any
predecessor in office appointed under this act. Upon resignation or
the expiration of the term of office, they shall make, certify, and deliver
transcripts of any proceeding on their docket to any party in interest, Transcripts of
or shall deliver said docket, together with all papers in all unfinished unfinished busi-
business, to their successors in office, at their option, and account “”
for all moneys in their hands. Upon the death or removal' of any succession to
justice of the peace appointed under this act, his docket, books, and dockets.
papers of office shall be delivered to his immediate successor in office.* ..."? Mackey Rep.,
(See § 1032, R. S. D. c. 47, U.S. vs. Oliver.
SEC. 2. The terms of office of all justices of the peace, now in office Justices now in
within and for the District of Columbia shall end on the thirtieth office,
day after the approval of this act. They shall issue no process Term.
returnable on or after that day, and shall deposit their docket, books, Deposit of dock-
tº º $º tº posit of dock
papers, and records pertaining to their office in the office of the clerk ets.
of the Supreme court of the District of Columbia, who shall, on irl car, 9
demand of the parties in interest, deliver to them transcripts, duly " " ".
certified, together with all papers left or filed with them by said
parties in said case or proceeding. *, -,
SEC. 3. The supreme court of the District of Columbia shall have F or m a n di
the power to fix the amount and form of the bonds, and approve the amount of bond.
same, to be given by said justices of the peace. June 7, 1878, 20.
- -> Stat., 100, sec. 4; Sup. R. S., 337.
SEC. 4. Justices of the peace shall take an oath for the faithful Oath of office.
and impartial discharge of the duties of their office. [See § 62, 85.] Sec. 994, R. S
D. C. Feb. 27, 1801, 2 Stat., 107. May 17, 1848, 9 Stat. 229; 3 Cranch, 335, wise º
- Withers; 2 Cranch, C. C., 16, Neale vs. Minifie. - w
SEC. 5. They shall have all the powers vested in, and perform all General powers
the duties required of, justices of the peace, as individual magis- and duties.
trates, by the laws in force within the District. Sec. 995, R. S.
JD. C
"Ibid.
5 Cranch, C. C., 343, Holmead vs. Smith; 5 Cranch, C. C., 505, Homans vs. Moore.
SEC. 6. The supreme court of the District shall make and establish Rules and forms
rules of practice, and prepare and publish forms of pleadings, for ºdby
bringing all forms of actions, and the trial thereof, before justices ****
of the peace. pº 996, R. S.
J UFISDICTION. Feb. 22, 1867, 14
2. - Stat., 402. -
SEC. 7. Justices of the peace shall have jurisdiction in all civil Jurisdiction.
cases where the amount claimed to be due for debt or damages aris- rº *
ing out of contracts, express or implied, or damages for Wrongs or sº 997, R. S.
injuries to persons or property, does not exceed one hundred dol- “rid. -
lars, except in cases involving the title to real estate, actions to 401, 403.
recover damages for assault, or assault and battery, or for malicious 6 Mackey Rep.,
prosecution, or actions against justices of the peace or other officers ºwmºrºs.
for misconduct in office, or in actions for slander, verbal or written. º: º:
[See further jurisdiction, title “Landlord and Tenant.”) us. Goldsmith. Q
Cranch, Ct. R., 444, Cazenove vs. Darrell; 2 Cranch, Ct. R., 47, Porter vs. Rapine; 2
Cranch, Ct. R., 639, Milburn vs. Burton; 2 Cranch, Ct. R., 523, Maddox vs. Stewart; 1
Cranch, C. C., 36, Rutter vs. Merchant; 2 Cranch, C. C., 258, Ritchie's admr. vs. Stone; 2.
Cranch, 422, Adams vs. Kincaid; 2 Cranch, C. C., 524, O’Neil vs. Hogan; 4 Cranch,
C. C., 347, Kennedy vs. Gorman; 4 Cranch, C. C., 477, Lenox vs. Arguelles, 4 Cranch,
C. C., 576, Nicholls vs. Corporation; 5 Cranch, C. C., 283, Moore vs. Waters.
*Is an officer of the United States, 3 Cranch, S. Ct. R., 331, Wise vs. Withers.
No magistrate shall plead as attorney, 1 Dorsey, sec. 9, p. 25.
Sec. 1, pp.
O *
310 - CHAPTER xxxvii.-JUSTICES OF THE PEACE.
I , \
Not to exercise SEC. 8. They shall not exercise any jurisdiction over crimes and
*inal jurisdic- offenses, either for examination to commit or hold to bail, or for final
tº judgment. -
Sec. 998, R. S. +
D. C. July 17, 1870, 16 Stat., 156.
May issue war- SEC. 9. Any justice of the peace may, on complaint under oath or
******* actual view, issue warrants, returnable to the police-court, against
*P** persons accused of crimes and offenses committed in the District,
Sec. 999, R. S. and he shall make a record of his proceedings in every case, in a
I) is book to be kept for that purpose.
Tbid. , 9]).
157.
Justices to keep SEC, 10. Justices of the peace shall keep a docket, and make reg-
docket, etc. ular entries therein of their proceedings in all cases, and shall fur-
Tsec. 1000, R. S. nish a copy of any judgment rendered by them, when required by
D. C. either party to the suit.
Mar. 1, 1823, 3 Stat. , 743.
Liability for fail, SEC, 11. If any justice of the peace shall omit to keep a docket,
ºre to docket or be guilty of any other negligence or omission, by which the plain.
Ca,SeS. tiff, having obtained a judgment before such justice, shall lose his
Sec. 1001, R. S. debt, the justice shall pay and satisfy to the plaintiff the debt, inter-
*ia 4 est, and costs, so lost, to be recovered against the defaulting justice
1CI., Sec. 4. #. the amount, together with any interest that may have accrued
lel’GOll. -
Non-residents SEC. 12. Non-residents of the District shall not commence suit
.*.*.* before any justice of the peace without first giving sufficient security
curity for costs. for costs
Sec. 1002, R. S.
D. C. Feb. 22, 1867, 14 Stat., 402.
Original writs. SEC. 13. Justices of the peace may issue original writs in civil
sec. 1003, E. s. cases, returnable before themselves. -
D
. C.
22 Feb., 1867, c. 63, 14 Stat., 402. 2 Cranch, Ct. R., 337, White vs. Corporation.
Warrants shall SEC. 14. That all warrants issued by any justice of peace for the
be ºted *9°on recovéry of small debts, shall be directed to some constable [unless
stable. (at the request of such suitor,) it be directed to some friend who will
Md. act 1719, ch. Serve it gratis, such suitor nevertheless being hereby made liable to
12, Sec. 4. : Y Gº Tº £UI”].” is ** ic. H - :k
1 Kilty, 159. pay the constable where such warrant is served his just fee.|
1 Dorsey, 50.
Yºº wº SEC. 15. That all warrants and executions in virtue of this act
... * shall be made returnable at a certain day, not exceeding forty days
returmable. e --~J : º 85
Mcl.act 1791, Cl after the test thereof, before the justice issuing the same, or some
I. a.CU 1'ſ 91, Ch.
68, Sec. 6 Other justice of the peace for the same county. (See § 1089, R. S. D. C.)
i Dorsey, 280. 2 Kilty, 335.
Continuanges SEC. 16. And, whereas frequently witnesses may be wanting, or
ºjºine the parties not prepared to make good their allegations immediately
Olli Ueel). ays. On the appearance of a defendant, so that a further time may be
Md. act 1791, ch, necessary to examine into the matter of controversy:
º 9. Be it enacted, That when any defendant shall be brought on war-
orsey, 278. º e gº * 5 e e
rant before any justice of the, peace, such justice may, if he in his
discretion shall think fit, give and allow to such defendant a future
º day, not exceeding fourteen days, to appear before such
JušUICe.
Removal of , SEC. 17. Any party to such suit, his agent or attorney, may have
º change the cause removed to the nearest justice upon filing an affidavit with
OI Venille. -
*The words in brackets repealed by sec. 1038, R. S.D. C. See “Constables,” sec. 6.
CHAPTER xxxvii.-JUSTICES OF THE PEACE. t 311
the justice issuing the writ, on the return-day or day of trial of the . Sec. 1004, R. S.
action, that he does not believe Said justice will give him a fair and ibid.:
impartial trial on account of prejudice or other reasonable cause. 2 Cranch. C. C.
- 356, Boothe vs.
WITNESSES. * Corporaton.
|
SEC. 18. Justices of the peace have power to compel the attendance Witnesses;
of witnesses by attachment, and to punish them by fine not exceeding power to compel
ten dollars, or by imprisonment not exceeding ten days, for refusing attendance of.
obedience to a Summons. Sec. 1005, R. S.
r D. C. 17 May, 1848, ch. 42, Sec. 14, v. 9, p. 229.
TRIAL AND JUDGMIENT.
SEC. 19. It shall be lawful for any justice of the peace in all cases Trials and judg-
within his jurisdiction to try, hear, and determine the matter in "*.
controversy between the creditor and debtor, their executors and Sec. 1006, R. S.
administrators, and upon full hearing of the allegations and evidence D.C.
of both parties, to give judgment, according to law and the equity, . Mar., 1823, ch.
and right of the matter.” [See § 825, R. S. D. C.) - #43 Sec. 1, v. 3, p.
6 Mackey Rep., 510, Newmeyer vs. Cowling ; 5 Cranch, C. C., 124, Foy vs. Talburt ;
5 Cranch, C. C., 509, Ennis vs. Holmead.
SEC. 20. Judgments shall bear interest from their date until paid Intereston judg-
or satisfied. e - - mentS.
Sec. 1007, R. S. D. C. Ibid.
RENEWAL OF JUDGMENTS.
SEC. 21. Where a judgment shall have continued for more than Renewal of judg-
one year, and shall not be paid or satisfied, it shall be lawful for the * by scire
justice before whom the judgment shall have been obtained, or for “*
any other justice of the peace, to revive the same by Scire facias, , , Sec. 1008, R. S.
which shall be made returnable on a certain day, not exceeding forty Pº d., Sec. 11. I
days from the time of issuing the same, to himself, or any other 74.” “”
justice of the peace in the District. o
J U R Y TRIALS.
SEC. 22. In every action where the sum demanded shall exceed Parties may de-
twenty dollars, it shall be lawful for either of the parties to the suit, mand a trial by
after issue joined, and before the justice shall proceed to inquire into
the merits of the cause, to demand of the justice that such action be pº 1009, R. S.
tried by a jury. Tbid., Sec. 15, p.
- 746.
SEC. 23. Upon such demand the justice shall issue a venire, under Venire.
his hand and seal, directed to any constable in the District, com-Ts ,
e - - Sec. 1010, R. S.
manding him to summon twelve jurors, to be and appear before the D.C.
justice issuing such venire, at such time and place as shall be therein Ibid.
expressed. *.
SEC. 24. The jurors thus summoned shall possess the qualifications Qualification of
and be subject to the exceptions provided for jurors by law. jurors.
- (See $872, 875, R. S. D. C.] Sec. 1011, R. S.
D. C. Ibid.
SEC. 25. If any of the persons summoned and returned as jurors Talesmen.
shall not appear, or shall be challenged and set aside, the justice sº. Tols. Es
before whom the cause is to be tried shall direct the constable to Dº “” “ ”
Summon, and return forthwith, talesmen, so as to make up the num- Ibid., sec. 16.
ber of twelve, after all causes of challange are disposed of by the
justice.
* May in his discretion, within four days after judgment, open case and grant new trial. 20 Min.
Genl. Term, p. 101. Oct. 25, 1872. -
312 Chapter xxxvii-JUSTICES OF THE PEACE.
Oath of jurors. SEC. 26. The twelve persons shall be the jury who shall try the
see 1018, R. S. cause, each of whom shall be sworn by the justice, well and truly to
D.C. try the matter in difference between the parties, and a true verdict
Ibid. to give, according to evidence.
Trial public. SEC. 27. The jury being sworn, shall sit together, and hear the
Sec. 1014, R. S proofs and allegations of the parties in public.
D. C. 1 Mar., 1823, ch. 24, sec. 16, v. 3, p. 746. 3 Cranch, C. C., 217, Denny vs.
Queen ; 3. Cranch, C. C., 348, Smith vs. Chase. g
Constable's oath. SEC. 28. The justice shall then administer to the constable the fol-
so. Tots, R. S. lowing oath : “You do swear, that you will keep this jury together
D.C. in some private room, without meat or drink, except water; that
Ibid., pp. 746, you will not suffer any person to speak to them, nor will you speak
747. to them yourself unless by Order of the justice, until they have
agreed on their verdict.”
Verdict. SEC. 29. When the jurors have agreed on their verdict, they shall
sec. 1010. E. s. deliver the same publicly to the justice.
D. C. Ibid., p. 747.
Judgment and SEC. 30. The justice shall give judgment thereon forthwith, and
execution. may issue execution accordingly.
Sec. 1016, R. S.
D. C. Ibid. ,
EXECUTIONS.
Fier; facias, SEC. 31. Justices of the peace are authorized to issue writs of exe-
when empowered cution in all cases in which they are empowered to render judgment.
to issue. [See § 912, R. S. D. C.]
Sec. 1018, R. S. D. C. Ibid., sec. 13, p. 746.
Property subject SEC. 32. The plaintiff is entitled to have his execution against the
to execution. goods and chattels, lands and tenements, rights and credits of the
sº too, R. s. defendant, subject to the exemptions mentioned in section seven
D. C. hundred and ninety-seven.
24 June, 1812, [See §§ 797, 603,982, 1286, R. S. D. C. See 1 Sup. R. S. 373, ch. 821, § 1.]
ch. 106, sec. 15, v. 2, p. 759. 5 Feb., 1867, ch. 30, v. 14, pp. 389, 390.
Execution upon SEC. 33. Upon a copy of any judgment rendered by a justice of
cºpy of judgment the peace, any other justice of the peace is authorized to issue exe-
º *. * cution in the same manner as executions are issued by the clerk of
of the peace. the supreme court of the District, which shall be returned within
Sec. 1020, R. S. twenty days after being issued, to the justice who gave the judgment.
D. C. 1 Mar., 1823, ch. 24, Sec. 3, v. 3, p. 743.
Plaintiff's re- SEC, 34. No return, judgment, or execution, shall be received or
ceipt. recorded as satisfied, by justices of the peace, without the receipt of
the plaintiff annexed thereto. -
Sec. 1021, R. S.
ia, Sec. 10, p. LIENS.
745.
Judgments a SEC. 35. After judgment for a debt amounting with interest to
lien, when. twenty dollars, exclusive of costs, before a justice of the peace, the
sco. Togº, R. S. judgment-creditor, may, when execution is returned, “No personal
D. C. property found whereon to levy,” file in the clerk's office of the
1 June, 1870, ch. Supreme court of the District a certified copy of such judgment,
119,539, 3: V. 10, which shall be docketed in the docket of law causes in said office, in
pp. 146, 147. the same manner as appeals from justices are docketed there ; and
when so docketed, the force and effect of the judgment shall be the
same, as to lien and execution, as if it had been a judgment of the
Supreme Court.
CHAPTER xxxvii.-JUSTICES OF THE PEACE. 3.13
SUPERSED EAS.
SEC. 36. On all judgments rendered by a justice of the peace, except ... Stay of execu-
as provided in section ten hundred and twenty-five, stay of execution tion.
may be had upon good and sufficient security being entered by a per- Sec. 1023, R. S.
son who may be at the time the owner of sufficient property located D.C.
in the District, above all liabilities and exemptions, to secure the º:
debt, costs, and interest. *c. 3, V. 14, p.
Stay of execu-
SEC. 37. In such cases stay of execution shall be entered as fol- tion; how entered.
lows :
Eor the sum of five dollars, and not exceeding twenty dollars, one . Sec. 1024, R. S.
month; . * Pº d
For all sums over twenty dollars, and not exceeding forty dollars, 1C1. \
two months; & ! -
For all sums over forty dollars, and not exceeding seventy-five
dollars, four months;
For all sums exceeding seventy-five dollars, six months.
SEC. 38. There shall be no stay of execution on any judgment for , When no stay
the wages of a servant or common laborer, nor upon any judgment ****
for a less Sum than five dollars; but in such cases execution may Sec. 1025. R. S.
issue immediately, and judgments shall be entered within two days D. C. 5
after the trial of the action. 22 Feb., 1867, ch.
63, sec. 3, v. 14, p.
402.
SEC. 39. Any justice of the peace, before whom supersedeas may Expiration of
be taken, or any other justice of the peace, shall, at the request of time of super-
the plaintiff, or any person authorized by, or on behalf of, the sºlºs, ſo ente.
plaintiff, issue execution against the principal debtor and his Sure- ºnent against
ties, or either of them, after the expiration of the time mentioned in e
the Supersedeas. pº 1026, R. S.
1 Mar., 1823, ch.
APPEALS. -- #; Sec. 9, v. 3, p.
- - (40.
SEC. 40. Where the debt or demand exceeds five dollars, and either Appeals to su-
the plaintiff or defendant shall think himself aggrieved by the judg-Pºme 90".
ment of a justice of the peace, he shall be at liberty to appeal to the Sec. 1027, R. S.
next term of the supreme court of the District, and the appeal shall D. C.
be there heard and determined as provided in section seven hundred ...Ibid., sec. 7, p.
and seventy-four to section seven hundred and seventy-nine, inclusive. *; re,
(see'ssº, R. S. p. c. 22 Feb., 1867, ch.
64, secs. 2, 3, v. 14, p. 104. 3 Cranch, C. C., 212, Thornton vs. Corporation; 5 Cranch,
C. C., 381, Owner vs. Corporation. rº
SEC. 41. No appeal shall be allowed from a judgment of a justice Bond on appeal.
of the peace, unless the appellant, with sufficient Surety, approved Tse. Togs.T.s
by the justice, enters into an undertaking to satisfy and pay all D.C." 3 *-* * *-* *
intervening damages and costs arising on the appeal. Ibid., sec. 1.
SEC. 42. When such undertaking has been entered into, the jus- On appeal, pa-
tice shall immediately file the original papers, including a copy of his Pºs to be filed,
docket-entries, in the office of the clerk of the supreme court of the *
District. - Sec. 1029, R. S.
D. C. Ibid., sec. 2.
REMOVAL, RESIGNATION, ETC.
SEC. 43. Upon indictment and conviction of any justice of the peace . Commission of
of incompetency, habitual drunkenness, corruption in office, or of Jºe v Oid,
any other willful misconduct in the discharge of his official duties, *
his commission shall be void, and he shall cease to exercise the Office Sec. 1030, R. s.
D. C.
and powers of justice of the peace. e * * e
17 May, 1848, ch. 42, sec. 15, v. 9, p. 329. 6 Mackey Rep., 47, U.S. vs. Oliver; 4
Cranch, C. C., 506, U. S. vs. Clark.
314 CHAPTER xxxviii.-LANDLORD AND TENANT,
}
Removal by su- SEC. 44. The Supreme Court has power, at a general term, to remove
preme Court. justices of the peace after due notice, and an opportunity to be heard
sec. 1031, R. S. in their defense, and for causes to be assigned in the order of
D. C. removal.
3 Mar., 1864, ch. 91, sec. 14, v. 12, p. 764.
FEES.
li i. how estab SEC. 45. The supreme court shall fix and determine a bill of fees
IISEleC1. and costs to be taxed and charged by justices of the peace in all civil
Sec. 1034, R. S. suits.
D.C. 22 Feb., 1867, ch. 63, sec. 2, v. 14, p. 402.
Justices and SEC. 46. That if any action, bill, plaint or suit upon the case, tres-
º: *: pass, battery or false imprisonment shall be brought against any
j.“*” justice of peace, or constable, for or concerning any matter, cause
g or thing, by them. Or any of them done, by virtue or reason of their,
Aºi,” or any of their office or offices, that, it shall be lawful to and for
*A*.*.it stat, every such justice of peace, or constable, and all others which in
434,435. their aid or assistance, or by their commandment shall do any thing
Rilty's Rep., 236. touching or concerning his or their office Or Offices, to plead the gen-
eral issue, that he or they are not guilty, and to give such special
matter in evidence to the jury which shall try the same, which
special matter being pleaded, had been a good and sufficient matter
in law to have discharged the said defendant or defendants of the
trespass, or other matter laid to his or their charge. -
Justice, may SEC. 47. That it shall and may be lawful to and for such justice
i. * * of the peace, at any time within one calendar month after such
bar of action. e & -- & - *
notice given as aforesaid, to tender amends to the party complain-
24 George II, ch, ing, or to his or her agent or attorney; and in case the same is not
#; *c. 2, A. D. accepted, to plead such tender in bar to any action to be brought
"...s. Brit stat, against him, grounded on such writ or process, together. With the
‘780. plea of not guilty, and any other plea, with the leave of the court;
Kilty's Rep., 253, and if upon issue joined thereon the jury shall find the amends so
tendered to have been sufficient, then they shall give a verdict for
the defendant; and in such case, or in case the plaintiff shall become
nonsuit, or shall discontinue his or her action, or in case judgment
shall be given for such defendant or defendants upon demurrer, such
justice shall be intitled to the like costs as he would have been
intitled unto in case he had pleaded the general issue only; and if
upon issue so joined the jury shall find that no amends were tendered,
or that the same were not sufficient, and also against the defendant
or defendants on such other plea or pleas, then they shall give a ver-
dict for the plaintiff, and such damages as they shall think proper,
which he or she shall recover, together with his or her costs of suit.
*-m-m-mm-
CHAPTER THIRTY-EIGHT
LANDLORD AND TENANT,
Sec. Sec. -
1. Power of seizure of chattels for rent 9. Summons to defendant, how served.
by landlord in person abolished. 10. Trial and judgment; execution for
2. Landlord to have tacit lien on chat- costs.
tels on premises. 11. When defendant pleads title, pro-
3. How tacit lien may be enforced. ceedings.
4. Tenancy at will and by sufferance. 12. Appeals, how taken and tried.
5. How determined. 13. Appeal by defendant, additional bond
6. Prior contracts not affected. . required.
7. Attornment by tenant to stranger | 14. If jury find for plaintiff, it shall as-
Void. t sess damages; on default court
8. Forcible entry and detainer, etc. shall assess.
Remedy and procedure. 15. Fees of justice and officer.
CHAPTER xxxviii.-LANDLORD AND TENANT.
315
Sec.
16.
17.
18.
19.
20.
21.
22.
23.
24.
29.
30.
31.
32.
33.
34.
36.
37.
38.
39.
40.
41.
42.
Government not to rent buildings
except under appropriations.
A distress shall not be driven out of
the county, and it shall be reason-
able.
Agents to account; remedy for fail-
ll.I. 6).
Waste by tenants; answerable in
damages.
Damages and costs recoverable in
several actions.
Action of waste against several ten-
ants.
Process in action of waste; inquiry.
Deeds and assignments by forcible.
entrymen void.
Damages for forcible entry and de-
tainer.
5. Limitation as to preceding section.
. Lessees of owners liable for waste by
assignees; proviso.
. Like process in every writ of annuity
and covenant as an action of debt;
action upon 5 Richard II like tres-
paSS.
. Leases by tenants in fee or for term
of life, when valid. Lease for
seven years or more must be re-
corded. -
Proviso to preceding section.
Proviso to second next preceding
Section.
Proviso to third next preceding sec-
tion. * - *,
Grantees of reversioners may take
advantage of covenants, etc.,
against lessees.
Lessees to have advantage of cove-
nants against grantees of rever-
sions.
Executors or administrators of ten-
ants in fee, etc., may recover ar-
rearages of rent and distress of
Salle.
. Husband's remedy for rent due in
the right, and in the life and after
death, of wife, etc.
Executors or administrators of life
tenant may sue lessee for rent due
and distrain. -
Sale of goods distrained for rent,
Corn, hay, etc., on leased premises
may be seized and detained for
rent due, and sold.
Treble damages for pound breach.
Damages and costs against wrongful
distrainer.
Goods taken in execution, subject to
payment of rent due by plaintiff,
to be refunded out of goods levied.
Arrears of rent, action for against
life tenant.
Sec.
48.
49.
50.
51.
54.
55.
56.
57.
58.
66.
67.
68.
69.
'70.
71.
Ejectment suit to cease, tenant pay-
ing all rent due and costs.
Recovery of seck, etc. rents, etc.;
limitation.
Chief leases may be renewed without
surrender of all under leases.
Goods fraudulently carried off leased
premises may be distrained wher-
ever found, within thirty days, for
rent due; sale.
. Proviso to next preceding section, as
to bona fide Sales.
. Damages payable to landlord by
tenant and those assisting for
fraudulently removing goods, etc.,
from leased premises.
Recourse of landlords to recover
value of the goods fraudulently
carried off the leased premises.
Appeal by defendants.
Landlords may break open house to
seize goods fraudulently secured
therein.
Landlords may distrain stock, cat-
tle, or crops of tenant on leased
premises for arrears of rent.
Notice of lodgment of property dis-
trained; payment of rent due, crops
not to be cut. -
. Property distrained may be secured
and sold on the premises; appraise-
ment, selling, etc. |Provision
against pound rescue.
. Attornments by tenants void; excep-
tions.
. Tenant to notify landlord of eject-
ment notice served.
. In ejectment against tenant landlord
may become party.
. Rent for use and occupation recov-
ered where demise not by deed.
. Rents recoverable from under tenant
where life tenant dies before expi-
ration of lease.
. Tenant liable to pay double rent for
holding after time they fixed for
quitting.
Tenant may recover damages for
irregularities in lawful distraint.
Proviso to preceding section.
General issue pleadable in actions
against persons entitled to rents;
defendant, when may recover
double costs.
Landlord’s plea in replewin of dis-
tress; costs on nonsuit, etc.
Infants, lunatics, and femmes covert
enabled to surrender leases in
Order to renew the same.
Charges, etc., for renewing such
leases to be paid out of estate of
party benefited.
. Sale of goods distrained, etc.
. Arrears of rent on expired lease, how
distrained. -
. Double rent collected against ten-
ants, etc., willfully holding over.
. Reentry of lessor when rent is six
months in arrear; when lessor may
recover in ejectment; rights of
mortgagee of lease.
. Proceedings in ejectment not to be
enjoined except by payment into
court of money to cover arrearages
of rent and costs, etc.
. Renewed leases to be subject to same
trusts, etc., as surrendered leases.
. Surrenders and renewals valid, legal
as if, etc. a
. Lunatics entitled to renew leases,
their guardians and committees to
accept surrender of old and grant
new leases.
75. Such renewals to be valid, etc.
76. Net moneys received for renewal of
such leases to be paid to commit-
tee, etc. Distribution of unex-
pended balance on death of lunatic.
316 - CHAPTER xxxviii.-LANDLORD AND TENANT,
Power of seizº SEC. 1. The power claimed and exercised as of common right by
**.*.*... every landlord, of seizing, by his own authority, the personal chat.
#"..* tels of his tenant for rent arrear, is abolished.”
ished. \,
Sec. 677,R, S, D.C. Feb. 22, 1867. 14 Stat., 404, 2 Mackey Rep., 36, Johnson vs.
Douglass; 6 Mackey Rep., 330, Condon vs. Gray.
Landlord to have SEC. 2. The landlord shall have a tacit lien upon such of the ten-
ºit lien ºf gºal ant's personal chattels, on the premises,' as are subject to execution
** Pº for débt, to commencé with the tenancy and continue for three
sec. ors, r. s. months after the rent is due, and until the termination of any
D. C. g action for such rent brought within the said three months.
Ibid. ~.
2 Mackey Rep., 209, Wallach vs. Chesley; 15 Wallace Rep., 601, Holdane vs. Sum-
mer. 1 MacArthur, Rep., 567, Joyce vs. Wilkenning; 1 Mackey Rep., 35, Gibson vs.
Ganter; 3 MacArthur Rep., 90, Hechtman vs. Sharp; 1 Mackey Rep., 102, Fox vs.
Davidson ; 2 Mackey Rep., 42, Johnson vs. Douglass; 3 Mackey Rep., 90, Harris vs.
Dammann; 94 U. S. Rep., 382, Beall vs. White; 1 MacArthur Rep., 509, White vs.
Freedman’s Bank; 13 Wall., 14, Webb vs. Sharp; 15 Wall., 328, Fowler vs. Rapley.
How tacit lien SEC. 3. This lien may be enforced :
nay be enforced. First. By attachment, to be issued upon affidavit that the rent is
Sec. 679, R. S. due and unpaid ; or, if not due, that the defendant is about to remove
. C. or sell all or some part of said chattels; or,
; 1. Second. By judgment against the tenant and execution, to be
2 Mackey Rep., levied on said chattels or any of them, in whosesoever hands they
216, wallach is may be found; or,
Chesley; 4 Mackey Third. By action against any purchaser of any said chattels, with
Rep;13& Grošº's notice of the lien, in which action the plaintiff may have judgment
'º';..."; for the value of the chattels purchased by the défendant, but not
Arthur Rep., 509 e
wº...hº...” exceeding the rent, arrear, and damages, isees iss, 80s, R. s. b. c.
Tenancy at will SEC. 4. A tenancy at will shall not arise or be created without an
and by sufferance, express contract or letting to that effect, and all occupation, posses-
Sec. 680, R. S Sion, or holding of any messuage of real estate without express con-
D C * 5 e &
tract or lease, or by such contract or lease the terms of which have
1. MacArthur expired, shall be deemed and held to be tenancies by sufferance.
Rep., 347, Luchs vs. Jones; 2 Mackey, 458, Waggaman vs. Bartlett; 22 W. L. Rep.,
398, Loring vs. Bartlett; 9 Mackey Rep., 317, Jennings vs. Webb. -
How determined. SEC. 5. All estates at will and sufferance may be determined by a
Sec. 681. R.T.s, notice, in writing, to quit, of thirty days, delivered to the tenant in
-a --- hand, Or to some person of proper age upon the premises, or, in the
... July 1864, ch, absence of such tenant or person, then such notice may be served by
; *** V. 18, P. affixing the same to a conspicuous part of the premises, where it
2 Mackey Rep., may be conveniently read. *
#50; Waggaman vs. Bartlett; 6 D. C. Rep., 49, Adams vs. Horr; 6 Mackey Rep., 526,
D.C. vs. Rapley; 14 Court of Claims Rep., 493, Semmes vs. U.S.
alº º: SEC. 6. The provisions of the two preceding sections shall not
COntracts. apply to contracts made, or to any tenancy existing prior to July
fourth, eighteen hundred and sixty-four, except in cases of waste Or
p. 683, R. S. refusal to pay rent.
6 Mackey Rep., 534, D.C. vs. Rapley.
ſ
Attornment to SEC. 7. The attornment of a tenant to a stranger shall be void, and
* * shall not affect the rights of the landlord, unless it be made with the
Sec. 683, R. S. consent, express or implied, of the landlord.
C. [See § 60 of this chapter, 11 Geo. II, ch. 19, § 11.)
* Penalty for knowingly ºnting house or room for gambling purposes. See 1 Leg. Assem., ch. 16, p.
16, July 20, 1871. See ante Title “Gambling,” sec. 8.
Chapter xxxviii.-LANDLORD AND TENANT 317
SEC. 8. When forcible entry is made, or when a peaceable entry . In case of forci-
is made and the possession unlawfully held by force, or when pos- º º de-
session is held without right, after the estate is determined by the ..."
terms of the lease by its own limitation, or by notice to quit, or *
Otherwise, on written complaint on Oath of the person entitled to the Sec. 684, R. S.
premises, to a justice of the peace, charging such forcible entry or D.C.
etainer of real estate, a summons may be issued to a proper officer, sº Sec. 2, pp.
commanding the person complained of to appear and show cause "éjà. Rep. 123
Why judgment should not be rendered against him.* Spalding vs. Hai,
2 MacArthur Rep., 427, Fiske vs. Bigelow ; 129 U. S. Rep., 366, Barber vs. Harris;
ibid., 6 Mackey Rep., 586; 22 W. Law Rep., 398, Loring vs. Bartlett; 9 Mackey Rep.,
317, Jennings vs. Webb.
SEC. 9. The summons shall be served like other writs of summons Serving sum-
at least seven days before the appearance of the party complained mous.
of, but in case such party has left the District of Columbia, or can Sec. 635, R. 3.
not be found, said summons may be served by delivering a written D. C. -
or printed, or partly written and partly printed copy thereof to the . As, a ºn ded
tenant, or to the agent or attorney of the defendant if he be known, Jºy gº, 47
or leaving the same with some person of suitable discretion above • 2 rº' -- * *
the age of sixteen years residing on Or in possession of the premises
and in case no one is in actual possession of Said premises or residing
thereon, then by posting a copy of Said Summons on the premises
where it may be conveniently read. -
SEC. 10. If it appears by default or upon trial that the complainant Trial and judg-
is entitled to the possession of the premises, he shall have judgment *
and execution for the possession and costs; if the complainant Sec. 686, R. S.
becomes monsuit, and fails to prove his right to possession, the D.Q.
defendant shall have judgment and execution for his costs. º Stat., 384.
uly 4, 1864.
Ibid.
SEC. 11. If, upon trial, defendant pleads title to the premises in When defend
himself, or in another person under whom he claims the premises, anº. Plºads title;
he shall recognize in a reasonable sum to the complainant, to be fixed Pº
by said justice, with sufficient sureties, conditioned to pay all inter- Sec. 687, R. S.
vening damages and costs and reasonable intervening rent for the D.S.
premises; and the complainant shall in like manner recognize to the as jºid, Sec. 3, p.
defendant conditioned to enter the suit at the next term of the "º MacArthur
Supreme Court of the District, and pay all costs adjudged against Rep., 427, Fiske
him ; and thereupon the proceedings shall be certified to said court vs. Bigelow; 2
by the justice. If either party neglects so to recognize, judgment ſº
shall be rendered against him as on nonsuit or default, and execu- jºia.
tion shall issue accordingly. - ey Rep.'817, jen.
nings vs. Webb.
SEC. 12. Either party against which judgment is rendered by a Appeals and
justice of the peace, may appeal from such judgment to the Supreme how made.
court of the District, in the same manner as appeals are taken to the Tsec. 655, R. s.
court in other cases, and such appeals shall be tried in the same man- D. C.
mer, and further proceedings had therein, according to the practice Ibid., sec. 4.
in appeals in other cases.
SEC. 13. In case of an appeal by a defendant, he shall, in addition . Appeal by de-
to the bail required in other cases, recognize in a reasonable sum to fendant : 3 d di-
the complainant, to be fixed by the justice, with sufficient Sureties, tional bond.
conditioned to pay all intervening damages to the leased property Sec. 689, R. S.
resulting from waste and intervening rent for the premises. D. C.
- Ibid. '
3 MacArthur Rep., 72, Kirk vs. Cole.
*The offense of forcible entry punished by 5 Richard II, ch. 8. See authorities ; 6 D. C. Rep., 45,
Adams vs. Horr ; 6 D. C. Rep., 53, U. S. vs. Griffin. See title “Crimes and offenses.”
3.18 CAAPTER xxxvii.I.—LANDLORD AND TENANT.
If jury find for SEC. 14. On the trial of the suit in the supreme court of the Dis-
is: *****, trict, if the jury find for complainant, they shall assess the damages
Clamages. and intervening rent ; and ill case of default the same shall be
sec. 690, R. S. assessed by the court. r
D. C. July 4, 1864. 13 Stat., 374.
£e.9 justice SEC. 15. The fees of the justice issuing the process, and hearing
and officer. the issue, and making up the record, and certifying the same, and
Sec. 691, R. S. of the officer for serving the process, shall be those allowed in civil
#d CallS6S.
º º: idiº SEC. 16. Hereafter no contract shall be made for the rent of any
jºij...'..."; building, or part of any building, to be used for the purposes of the
lumbia not to be Government in the District of Columbia, until an appropriation
made without pre- therefor shall have been made in terms by Congress, and that this
Yious appropria- clause be regarded as notice to all contractors or lessors of any such
tions, etc. building or any part of building.
Mar. 3, 1877. $: :k :: :}; sk :k sk
19 Stat., 370. R. S., secs. 3679, 3732. 1874, June 22, ch. 388. 1880, June 15, ch.
225, par. 3. 15 Opin. Atty Gen., 274. .
A distress shall SEC. 17. No one from henceforth shall cause any distress that he
º : ...; hath taken, to be driven out of the county where it was taken; (2)
jºi.". And if one neighbour do so to another of his own authority, and
able. without judgment, he shall make fine (as above is said) as for a
52 Henry III thing done against the peace; (3) Nevertheless, if the lord presume
cº, .º.A: ; so to do against his tenant, he shall be grievously punished by
1267. amerciament. (4) Moreover, distresses shall be reasonable, and not
Alex. Brit. Stat., too great. . (5) And he that taketh great and unreasonable distresses,
pp. 41, 42. shall be grievously amerced for the excess of such distresses.
Kilty's Rep.,209.
A remedy against accomptants : fermors shall make mo waste.
Bailiffs to ac- SEC. 18. It is provided also, That if bailiffs, which ought to make
§ remedy for accompt to their lords, do withdraw themselves, and have no lands
a,IIll].”62, nor tenements whereby they may be distrained ; then they shall be
attached by their bodies, so that the sheriff, in whose bailiwick they
52 Henry III, & - ; , ,
ch. 23, Sec. 1, A. be found, shall cause them to come to make their accompt.
D. 1267. Alex. Brit. Stat., 46, Kilty's Rep., 209. 1 Sup. R. S., 305, ch. 12.
Waste by ten- SEC. 19. Also fermors,” during their terms, shall not make waste,
* ** sale or exile of house, Woods, and men, nor of any thing belonging
COWelſa,Ole. to the tenements, that they have to ferm, without special license had
Ibid., Sec. 2, by writing of covenant, making mention, that they may do it ;
which thing if they do, and thereof be convict, they shall yield full
damage, and shall be punished by amerciament grievously.
Damages recov; , SEC. 20. And whereas before time damages were not taxed, but to
...in several the value of the issues of the land, (2) it is provided, that the
& demandant may recover against the tenant, the costs of his writ pur-
6 Edwºrd,I, Ch. chased, together with the damages abovesaid. (3) And this act
#" * * * shall hold place in all cases where the party is to recover damages.
Aiºx, Brit, stat., (4) And every person from henceforth shall be compelled to render
78, 79. * damages, where the land is recovered against him, upon his own
Kilty's Rep.,210, intrusion, or his Own act. .
*Fermors in this.statute comprehend all who hold by lease for life or lives or for years with or with:
Out deed, and whether rent be reserved Or not. 2 Inst. 145. ſº of such tenants are included
in the statutes against waste (Sanders vs. Norwood, Cro. Eliz. 683), and tenant from year to year
(Co. Litt. 54 b.), or any less time, as half a year, or twenty weeks. 2 Inst., 302.
CHAPTER xxxvii.I.—LANDLORD AND TENANT. 319
SEC. 21. It is provided also, That a man from henceforth shall Action of waste
have a writ of waste in the chancery against him that holdeth by ºb!?
law of England, or otherwise for term ºf life, or for term of years, ... *******
or a woman in dower. (2) And he which shall be attainted of waste, e
shall Jeese the thing that he hath wasted, and moreover shall ºwärd J, &
recompense thrice so much as the waste shall be taxed at. (3) And sº 1, A. D.
for Waste made in the time of wardship, it shall be done as is con- Aièx. Brit. Stat.
tained in the Great Charter. (4) And where it is contained in the 83, 84.
Great Charter, that he which did waste during the custody, shall Kilty's Rep., 311.
lose [leese] the wardship, (5) it is agreed that he shall recompense Rº º:
the heir his damages for thé waste, if so be that the wardship lost ...sºs.”
do not amount to the value of the damages before the age of the heir
of the same wardship.
SEC. 22. Whereas for waste done in the inheritance of any person, Process in an
by guardians, tenants in dower, tenants by the courtesie of England, action of waste;
or otherwise for term of life, or years, a writ of prohibition of waste Writ of inquiry.
hath been used to be granted, by which writs many were deceived, 13Edward I, ch.
thinking that such as had done the waste should not need to answer 14, A. D. 1285,
but only for waste done after the prohibition to them directed; (2) se?;1: ...,
our lord the King, to remove from henceforth this error, hath lººrisat,
ordained, that of all manner of Waste done to the damage of any per- Kilty's Rep.,212.
son, there shall from henceforth be no writ of prohibition awarded,
but a writ of summons, so that he of whom complaint is shall an- 20 M *
swer for waste done at any time ; (3) and if he come not after the Hº:
Summons, he shall be attached, and after the attachment he shall bray: Tiā'ū Ş.
be distrained ; (4) and if he come not after the distress, the sheriff Rep., 537, Erhardt
shall be commanded that in proper person he shall take with him $: Boºo...?" Md.
twelve, &c. and shall go to the place wasted, and shall enquire of *Pººr
the waste done, and shall return an inquest, and after the inquest & hy."...e., .
returned, they shall pass unto judgment, like as is it contained in Childs vs. Smith."
the statute of Gloucester.
Sec. 23. * * : * If any person, after [forcible] entry into lands ... Deeds and as-
or tenements holden with force, make a feoffment or other discon- ºn. º for-
tinuance to any lord or other person, to have maintenance, or to take º e entrymen
away and defraud the possessor of his recovery in any wise, if after Tº
in an assise, or other action thereof to be taken or pursued, before a 8 *: VI, ch.
justices of assises, or other the King's justices whatsoever, by due ...F. “*
inquiry thereof to be taken, the same feoffments and discontinuances Alex. Brit. Stat.,
may be duly proved to be made for maintenance, as afore is said, that 228,229.
then such feoffments, or other discontinuance, so as before made, Kilty's Rep., 327.
shall be void, frustrate, and holden for none.
\
SEC. 24. And moreover, if any person be put out, or disseised of . Damages for
any lands or tenements in forcible manner, or put out peaceably, . entry and
and after holden out with strong hand; or, after such entry, any “”
feoffment or discontinuance in any wise thereof be made to defraud Ibid., Sec. 6.
and take away the right of the possessor, that the party grieved in ºrit. Stat.,
this behalf shall have assise of novel disseisin, or a writ of trespass “”
against such disseisor. (2) And if the party grieved recover by
assise, or by action of trespass, and it be found by verdict, or in other
manner by due form in the law, that the party defendant entered
with force into the lands and tenements, or them after his entry did
hold with force, that the plaintiff shall recover his treble damages
against the defendant ; (3) and moreover, that he make fine and
ransom to the King.
SEC. 25. Provided always, That they which keep their possessions Limitation asto
with force in any lands and tenements, whereof they or their ancestors, preceding section.
or they whose estate they have in such lands or tenements, have Con- Ibid., sec. 7.
tinued their possessions in the same by three years or more, be not
endamaged by force of this statute.
320
CHAPTER xxxviii.-LANDLORD AND TENANT,
Lessees of own-
ers liable for waste
committed by as-
signees; proviso.
11 Henry VI,
chap. 5, Sec. 1, A.
D. 1433. “
Alex. Brit. Stat.,
243
Kilty's Rep.,227.
SEC. 26. Item, Because that divers people in times past have let
their lands and tenements to divers persons, that is to say, some for
term of life or of another man’s life, and some for term of years, the
said tenants have oftentimes let and granted their estate which they
had in the same lands and tenements, to many persons, to the intent
that they in the reversion, that is to say, their lessors, their heirs, or
their assigns, might not have knowledge of their names, and after
the said first tenants continually Occupy the Said lands and tenements,
and thereof take the profits to their proper use, and in the said lands
and tenements commit waste and destruction, to the disheritance of
them in the reversion: (2) it is ordained and established, that they
Like process in
every writ of an-
nuity and coven-
ant as in action of
debt; action upon
5 Richard II, like
trespass. -
23 Henry VIII,
ch. 14, Sec. 1, A. D.
1531.
Alex. Brit. Stat. ,
287.
Rilty’s Rep., 231
Leases by ten-
ants in fee, etc.,
for term of years
Or for term of life;
when valid.
32 Henry VIII,
ch. 28, Sec. 1, A. D.
1540.
Alex. Brit. Stat.,
322.
Kilty's Rep.,232.
Ibid., Sec. 2.
in the reversion in such case may have and maintain a Writ of waste
against the said tenants for term of life, of another's life, or for
years, and so recover against them the place wasted, and their treble
damages, for the waste by them done, as they ought to have done
for the waste committed by them before the said grant and lease of
their estate. (3) Provided always, That this ordnance hold not
place, but where the first tenants before the lease and grant of their
said estates, in the manner and form abovesaid, were punishable of
waste; (4) and also where after the said grant and lease the said first
tenants of the said lands and tenements take the profits at the time
of the Waste done, to their own proper use.
SEC. 27. Forasmuch as there is great delay in actions of trespass
brought upon the statute of Richard the Second, made in the fifth
year of his reign, against them that make entries into any lands or
tenements where there entry is not given by the law, (and also in
actions of annuity, and actions of Covenant, because there lieth no
process of outlawry in such nature of actions :) (2) For reformation
whereof, it may please the King's highness, by the advice of the
lord’s spiritual and temporal, and the commons, in this present Parlia-
ment assembled, and by authority of the same, to Ordain and enact,
that like process be had hereafter in every action from henceforth
to be brought upon the said statute of anno quinto, as in a common
action of trespass at the common-law, (3) and that also like process
be had in every writ of annuity, and covenant hereafter to be sued,
as is in an action of debt.
SEC. 28. All leases hereafter to be made of any manors, lands, ten-
ements, or other hereditaments by writing indented under seal for
term of years, or for term of life, by any person or persons being of
full age of twenty one years, having any estate of inheritance either
in fee-simple or in fee-tail, in their own right, or in the right of
their wives, or jointly with their wives, of an estate of inheritance
made before the coverture or after, shall be good and effectualin the
law against the lessors, their wives, heirs and every of them, accord-
ing to such estate as is comprised and specified in every such inden-
ture of lease, in like manner and form as the same should have been,
if the lessors thereof, and every of them, at the time of the making
of such leases, had been lawfully seised of the same lands, tene-
ments, and hereditaments comprised in such indenture, of a good,
perfect, and pure estate of fee-simplethereof to their own only uses.”
[See §§ 727, 728, 729, R. S. D. C.]
SEC. 29. Provided always, That this act, or any thing contained,
shall not extend to any leases to be made of any manors, lands, ten-
ements, or hereditaments being in the hands of any fermor or fer-
mors by virtue of an old lease, unless the same old lease be expired,
surrendered, or ended within one year next after the making of the
said new lease; (2) nor shall extend to any new grant to be made of
Proviso to pre-
ceding section.
* Lease for seven years or more must be recorded. Md. act 1791, ch. 45, sec. 8, Md. act 1766, ch. 14.
Sec. 2. -
CHAPTER xxxv.1LI.—LANDLORD AND TENANT.
321
any reversion of any manors, lands, tenements, or hereditaments,
(3) nor to any lease of any manors, lands, tenements, or heredita-
ments which have not most commonly been letten to ferm, or occu-
pied by the fermors thereof by the space of twenty years next before
such lease thereof made ; (4) nor to any lease to be made, without
impeachment of waste, (5) nor to any lease to be made above the
number of twenty one years, or three lives at the most from the day
Of making thereof; (6) and that upon every such lease there be
reserved yearly during the same lease, due and payable to the lessors,
their heirs, and successors, to whom the same lands should have come
after the deaths of the lessors, if no such lease had been thereof
made, and to whom the reversion thereof shall appertain, according
to their estates and interests, so much yearly ferm or rent, or more,
as hath been most accustomably yeelden or paid for the manors,
lands, tenements, and hereditaments so to be letten within twenty
years next before such lease thereof made ; (7) and that every such
person and persons, to whom the reversion of such manors, lands,
tenements, or hereditaments so to be letten, shall appertain, as is
aforesaid, after the deaths of such lessors, or their heirs, shall and
may have such like remedy and advantage, to all intents and pur-
poses, against the lessees thereof, their executors and assigns, as the
same lessor should or might have had against the same lessees. (8)
So that if the lessor were seised of any special estate tail of the same
hereditaments at the time of such lease, that the issue or heir of that
special estate shall have the reversion, rents, and services reserved
upon such lease after the death of the said lessor, as the lessor him-
self might or ought to have had if he had lived.
SEC. 30. Provided alway, That the wife be made party to every
such lease which hereafter shall be made by her husband of any
manors, lands, tenements, or hereditaments, being the inheritance
of the wife; (2) and that every such lease be made by indenture in
the name of the husband and his wife and she to seal to the same; (3)
and that the ferm and rent be reserved to the husband and to the
wife, and to the heirs of the wife, according to her estate of inheritance
in the same ; (4) and that the husband shall not in any wise aliene,
discharge, grant, or give away the same rent reserved, nor any part
thereof, longer than during the coverture, without it be by fine
levied by the said husband and wife ; (5) but the same rent shall
remain, descend, revert, or come after the death of such husband,
unto such person Or persons, and their heirs, in such manner and
sort as the lands so leased should have done, if no such lease had
been thereof made. [See §§ 727, 728, 729, R. S. D. C.)
SEC. 31. Provided also, That this act extend not to give any lib-
erty or power to any person or pº to take any more ferms, leases,
or takings of any manors, lands, tenements, or other hereditaments,
than he or they should or might lawfully have done before the mak-
ing of this act ; any thing contained in this act to the contrary not-
withstanding.
SEC. 32. Where before this time divers, as well temporal as eccle-
siastical and religious persons, have made Sundry leases, demises,
and grants to divers other persons, of Sundry manors, lordships,
ferms, meases, lands, tenements, meadows, pastures, or other hered-
itaments, for term of life or lives, or for term of years, by writing
under their seal or seals, containing certain conditions, Covenants,
and agreements to be performed, as well on the part and behalf of
the said lessees and grantees, their executors and assigns, as on the
behalf of the said lessors and grantors, their heirs and successors; (2)
Proviso to two
next preceding
sections.
Ibid., Sec. 8.
Proviso to three
next preceding
sections.
Ibid., Sec. 4, p.
323.
Grantee S of
reversioners may
take advantage of
Covenants, etc.,
against lessees.
32 Henry VIII,
Ch. 34, Sec. 1, A. D.
1
Alex. Brit. Stat. y
335,336.
21 C S
322
CHAPTER xxxviii.-LANDLORD AND TENANT,
Filty's Rep.,232.
2 Wallace Rep.,
177, Sheets vs.
Selden,
Lessees to have
advantage of cove-
nants against
grantees of rever-
Sions. --
Ibid., Sec. 2.
and forasmuch as by the common law of this realm, no stranger to
any covenant, action, or condition, shall take any advantage or ben-
efit of the same, by any means or ways in the law, but only such as
be parties or privies thereunto, by the reason whereof, as well all
grantees of reversions, as also all grantees and patentees of the King our
sovereign lord, of Sundry manors, lordships, granges, ferms, meases,
lands, tenements, meadows, pastures, or other hereditaments late
belonging to monasteries, and other religious and ecclesiastical
houses dissolved, suppressed, renounced, relinquished, forfeited,
given up, or by other means come to the hands and possession of the
King since the fourth day of February, the seven and twentieth year
of his most noble reign, be excluded to have any entry or action
against the Said lessees and grantees, their executors or assigns,
which the lessors before that time might by the law have had
against the same lessees for the breach of any condition, covenant,
or agreement comprised in the indentures of their said leases, demises,
and grants: (3) Be it therefore enacted, That as well all and every
person and persons, and bodies politick, their heirs, successors, and
assigns, which have or shall have any gift or grant of our said sov-
ereign lord, by his letters patents of any lordships, manors, lands,
tenements, rents, parsonages, tithes, portions, or any other heredita-
ments, or of any reversion or reversions of the same, which did
belong or appertain to any of the said monasteries, and other relig-
ious and j houses, dissolved, suppressed, relinquished,
forfeited, or by any other means come to the King’s hands since the
said fourth day of February, the seven and twentieth year of his
most noble reign, or which at any time heretofore did belong or
appertain to any other person or persons, and after came to the hands
of our said sovereign lord, º as also all other persons being grantees
or assignees to or by our said sovereign lord the King, or to or by any
other person or persons than the King’s highness, and the heirs, exec-
utors, successors, and assigns of every of them, (5) shall and may
have and enjoy like advantages against the lessees, the executors,
administrators, and assigns, by entry for non-payment of the rent,
or for doing of waste, or other forfeiture; (6) and also shall and
may have and enjoy all and every such like, and the same advan-
tage, benefit and remedies by action only, for not performing of other
conditions, covenants, or agreements contained and expressed in the
indentures of their said leases, demises, or grants, agamist all and
every the said lessees, and farmers, and grantees, their executors,
administrators, and assigns, as the said lessors or grantors them-
selves, or their heirs, or successors, Ought, should, or might have
had and enjoyed at any time or times, (7) in like manner and form,
as if the reversion of such lands, tenements, or hereditaments had
not come to the hands of our said sovereign lord, Or as Our said sov-
ereign lord, and his heirs, and successors, should or might have had
and enjoyed in certain cases, by virtue of the act made at the first
session of the present Parliament, if no such grant by letters patents
had been made by his highness. Af -
SEC. 33. That all farmers, lessees, and grantees of lordships,
manors, lands, tenements, rents, parsonages, tithes, portions, or any
other hereditament for term of years, life or lives, their executors,
administrators, and assigns, shall and may have like action, advan-
tage, and remedy against all and every person and persons, and
bodies politick, their heirs, successors, and assigns, which have, or
shall have any gift or grant of the king our sovereign lord, or of
any other person or persons, of the reversion of the same manors,
lands, tenements, and other hereditaments so letten, or any parcel
thereof, for any condition, covenant, or agreement contained or
expressed in the indentures of their lease and leases, as the same
CHAPTER xxxvii.I.—LANDLORD AND TENANT,
323
lessees, or any of them might and should have had against the said
lessors and grantors, their heirs, and successors, (2) all benefits and
advantages of recoveries in value, by reason of any Warranty in
deed, or law by voucher, or otherwise, only excepted. . . .
SEC. 34. Forasmuch as by the Order of the common law, the execu-
tors or administrators of tenants in fee-simple, tenants in fee-tail,
and tenants for term of life, of rent services, rent charges, rents
secks, and fee-farms, have no remedy to recover such arrearages of
the said rents or fee-farms as were due unto their testators in their
lives, (2) nor yet the heirs of such testator, nor any person having
the reversion of his estate after his decease, may distrain, Or have
any lawful action to levy any such arrearages of rents, or fee-farms,
due unto him in his life, as is aforesaid; (3) by reason whereof, the
tenants of the demean of such lands, tenements, or hereditaments,
out of the which such rents were due and payable, who of right Ought
to pay their rents and farms at such day and terms as they were due,
do many times keep, hold, and retain such arrearages in their own
hands, so that the executors and administrators of the persons to
whom such rents or fee-farms were due, cannot have or come by the
said arrearages of the same, towards the payment of the debts,
and performance of the will of the said testators: (4) For remedy
whereof, be it emacted, That the executors and administrators of every
such person or persons unto whom any such rent, or fee-farm is or
shall be due, and not paid at the time of his death, shall and may
have an action of debt for all such arrearages, against the tenant or
tenants that ought to have paid the said rent or fee-farms so being
behind in the life of their testator, or against the executors and
administrators of the said tenants; (5) and also furthermore, it shall
be lawful to every such executor and administrator of any such
person or persons unto whom such rent or fee-farm is or shall be due,
and not paid at the time of his death, as is aforesaid, to distrain *
for the arrearages of all such rents and fee-farms, upon the lands,
tenements, and other hereditaments, which were charged with the
payment of such rents or fee-farms, and chargeable to the distress
of the said testator, (6) so long as the said lands, tenements, or
hereditaments continue, remain, and be in the seisin or possession
of the said tenant in demesn, who ought immediately to have paid
the said rent or fee-farm, so being behind, to the said testator in his
life, (7) or in the seisin or possession of any other person or persons
claiming the said lands, tenements, and hereditaments, only by and
from the same tenant by purchase, gift, or descent, (8) in like man-
Iner and form as their said testator might or Ought to have done in
his life time, and the said executors and administrators shall, for the
same distress lawfully make avowry upon their matter aforesaid.
SEC. 35. If any man which how hath, or hereafter shall have in
the right of his wife, any estate in fee-simple, fee-tail, or for term
of life, of or in any rents or fee-farms and the same rents or fee-
farms now be, or hereafter shall be due, behind, and unpaid in the
said wife's life ; then the said husband, after the death of his said
wife, his executors, and administrators, shall have an action of debt
for the said arrearages against the tenant of the demesne that ought
to have paid the same, his executors or administrators; (2) and also
the said husband, after the death of his said wife, may distrain for
the said arrearages, in like manner and form, as he might have done
if his said wife had been then living, and make avowry upon his
matter, as is aforesaid. g -
* See secs. 677,678,679,727,728,797, R. S. D. C.
+See secs. 67,678, 379,737.739, and 737, R. S. D. C.
Executors or ad-
ministrators Of
tenants infee, etc.,
may recover ar-
rearages of rent
and distress of
Sa, Dºle.
32 Henry VIII,
ch. 37, sec. 1, A.
D. 1540.
Alex. Brit. Stat. ,
356, 357.
Kilty's Rep., 232.
Husband’s rem-
edy, for rent due
in the right and in
the life and after
death of wife, etc.
Ibid., sec. 3.
324 - CHAPTER XXXVIII. —LANDLORD AND TENANT.
Executors or ad- v SEC. 36. If any person or persons which now hath, or hereafter
ºº:: shall have any rents or fee-farms for term of life or lives, of any
iº for ºt ... other person or persons, and the said rent or fee-farm now be, or
and distrain. hereafter shall be due and behind, and unpaid in the life of such
Ilia. T person, or persºns for whose life or lives the estate of the said rent,
• 3 ºvv. -- or fee-farm did depend or continue, and after the said person or per-
sons do die; then he unto whom the said rent or fee-farm was due
in form aforesaid, his executors or administrators shall and may
have an action of debt against the tenant in demesne, that Ought to
have paid the same when it was first due, his executors and admin-
istrators, (2) and also distrain * for the same arrearages upon such
lands and tenements, out of the which the said rents or fee-farms
were issuing, and payable, (3) in such like manner and form as he
Ought or might have done, if such person or persons by whose death
the aforesaid estate in the said rents and fee-farms was determined
and expired, had been in full life, and not dead; and the avowry for
*aking of the same distress to be made in manner and form afore-
SalCl.
SEC. 37. Where any goods or chattels shall be distrained for any
sale of goods rent reserved and due upon any demise, lease, or contract whatso;
distrainedförrent ever, and the tenant Or owner of the goods So distrained shall not
within five days next after such distress taken, and notice thereof
(with the cause of such taking) left at the chief mansion-house, or
2 William and
Mary, ch. 5, Sec. 1,
A. D 1690. other most notorious place on the premisses charged with the rent
Alex. Brit. Stat., distrained for, replevy the same, with sufficient security to be given
567, 568. to the sheriff, according to law, that them in such case, after such
*ilty's Rep., 34% distress and notice, as aforesaid, and expiration of the said five days,
the person distraining shall and may, with the sheriff or under sheriff
of the county, or with the constable of the hundred, parish, or place
where such distress shall be taken (who are hereby required to be
aiding and assisting therein) cause the goods and chattels so dis-
trained to be appraised by two sworn appraisers (whom such sheriff,
under sheriff, or constable, are hereby empowered to Swear) to
appraise the same truly, according to the best of their understand-
ings; and after such appraisement shall and may lawfully sell the
• goods and chattels so distrained for the best price can be gotten for
the same, towards satisfaction of the rent for which the said goods
and chattels shall be distrained, and of the charges of such distress,
appraisement, and sale, leaving the Overplus (if any) in the hands
of the said sheriff, under sheriff, or constable, for the owners use.
[See §§ 678, 797, R. S. D. C.]
Corn and hay on SEC. 38. And whereas no sheaves or cocks of corn loose or in the
º º straw, or hay in any barn or granary, or in any hovel, stack, or
j e. tº: rick, can by the law be distrained, or otherwise secured for rent,
due and sold. whereby landlords are oftentimes cousened and deceived by their
–––. tenants, who sell their corn, grain, and hay to strangers, and remove
Ibid., Sec. 3. the same from the premises chargeable with such rent, and thereby
avoid the payment of the same : Be it further emacted, That for
remedying the said practice, and deceit, it shall and may, from and
after the said first day of June, be lawful to and for any person or
persons having rent, arrear, and due upon any such demise, lease,
or contract as aforesaid, to seize and secure any sheaves or cocks of
corn, or corn loose or in the straw, or hay lying or being in any barn
or granary, or upon any hovel, stack, or rick, or otherwise upon any
part of the land or pound (ground) charged with such rent, and to
ock up or detain the same in the place where the same shall be
found, for or in the nature of a distress, until the same shall be
replevied upon such security to be given as aforesaid ; and in default
of replevying the same as aforesaid, within the time aforesaid, to
* See secs. 677,678,679,727–729, and 797, R. S. D. C.
CHAPTER xxxvii.I.—LANDLORD AND TENANT.
325
sell the same after such appraisement thereof to be made ; so as
nevertheless such corn, grain, or hay so distrained, as aforesaid, be
not removed by the person or persons distraining, to the damage of
the owner thereof, out of the place where the same shall be found
and seized, but be kept there (as impounded) until the same shall be
replevied, or Sold, in default of replevying the same within the time
aforesaid. [See § 678, 797, R. S. D. C.] t r
SEC. 39. And be it further enacted, That upon any pound-breach . Treble damages
or rescous of goods or chattels destrained for rent, the person or per- for Pound breech.
Sons grieved thereby shall, in a special action upon the case for the
Wrong thereby sustained, recover his and their treble damages and
costs of Suit against the offender or offenders in any such rescous or
pound-breach, any or either of them, or against the owners of the
Ibid., sec. 4.
goods distrained, in case the same be afterwards found to have come
to his use or possession. [See § 678, 797, R. S. D. C.)
SEC. 40. Provided always, and be it further enacted, That in case
any such distress and Sale, as aforesaid, shall be made by virtue or
colour of this present act for rent pretended to be arrear and due,
where in truth no rent is arrear or due to the person or persons dis-
training, or to him or them in whose name, or names, or right, such
distress shall be taken as aforesaid, that then the owner of such
goods or chattels distrained and sold as aforesaid, his executors or
administrators, shall and may, by action of trespass, or upon the
case, to be brought against the person or persons so distraining, any
or either of them, his or their executors or administrators, recover
ouble of the value of the goods or chattels so distrained and sold,
together with full costs of suit. [See § 678, 797, R. S. D. C.]
SEC. 41. For the more easy and effectual recovery of rents reserved
On leases for life or lives, term of years, at will, or otherwise:
Be it enacted, That no goods or chattels whatsoever, lying or being
in or upon any messuage, lands, or tenements, which are or shall be
leased for life or lives, term of years, at will, or otherwise, shall be liable
to be taken by virtue of any execution on any pretence whatsoever,
unless the party at whose suit the said execution is sued out, shall
before the removal of such goods from off the said premisses, by
virtue of such execution or extent, pay to the isº of the said
premisses, or his bailiff, all such sum or sums of money as are or
shall be due for rent for the said premisses at the time of the taking
such goods or chattels by virtue of such execution: Provided, The
said arrears of rent do not amount to more than one year’s rent, and
in case the said arrears shall exceed one year's rent, then the said
arty, at whose suit such execution is sued out, paying the said land-
ord, or his bailiff, one year’s rent, may proceed to execute his judg-
ment as he might have done before the making of this act; and the
sheriff or other officer is hereby impowered and required to levy and
pay to the plaintiff as well the money so paid for rent, as the execu-
tion-money. [See $678, R. S. D. C.]
SEC. 42. And whereas no action of debt lies against a tenant for
life or lives, for any arrears of rent, during the continuance of such
estate for life or lives: .
Be it enacted, That it shall and may be lawful for any person or
persons, having any rent in arrear, or due upon any lease or demise
for life or lives, to bring an action or actions of debt for such arrears
of rent, in the same manner they might have done, in case such rent
were due, and reserved upon a lease for years.
SEC. 43. All distresses hereby impowered to be made, as aforesaid,
shall be liable to such sales, and in such manner, and the monies
arising by such sales to be distributed in like manner as by an act
Damages and
C O St S again st
wrongful distrain-
OT.
Ibid., sec. 5.
Goods taken in
execution subject
to payment of rent
due by plaintiff to
be refunded out of
goods levied.
8 Anne, ch. 14,
sec. 1, A. D. 1709.
Alex. Brit. Stat.,
680, 681.
Kilty's Rep.,248.
1 Mackey Rep.,
42, Gibson. vs.
Gautier; 3 Mackey
Rep., 90, Harris
vs. Damman; 23
Md. Rep., 252,
Washington vs.
Williamson; 67
Md. Rep., 228,
Gaither vs. Stock-
bridge.
Arrears of rent
action for against
life tenant.
Ibid., sec. 4.
Sale of goods
distrained, etc.
Ibid., sec. 5.
326
CHAPTER XXXVIII.—LAND LORD AND TENANT.
Arrears of rent
on expired lease
how distrained.
Ibid., sec. 6.
! See secs. 678,
797, R. S. D. C.
Double rent col-
lectable against
tenants, etc., wil-
fully holding over.
4 George II, ch.
28, sec. 1, A. D
1731.
Alex. Brit. Stat.,
704, 705.
Kilty's Rep.,249.
15Wallace Rep.,
476, Pr out vs.
Roby; 1 How Rep.,
217, Connor vs.
Bradley.
! See sec. 997, R.
S. D. C.
Reentry of les-
SOr when rent six
months in arrear.
When less or
may recover in
ejectment. Rights
of mortgagee of
lease.
Ibid., sec. 2.
7 D. C. Rep., 82,
Robey vs. Prout;
55 Md. Rep., 291
Mackenzie vs.
Renshaw.
made in the second year of the reign of their late majesties King
William and Queen Mary, [intituled, An act for enabling the sale
of goods distrained for rent, in case the rent be not paid in reason-
able time, in that behalf directed and appointed.
SEC. 44. Also whereas tenants per awter vie and lessees for years,
or at will, frequently hold over the tenements to them demised,
after the determination of such leases: And whereas after the deter-
mination of such, or any other leases, no distress can by law be made
for any arrears of rent that grew due on such respective leases before
the determination thereof:
It is hereby further enacted, That it shall and may be lawful, for
any person or persons, having any rent in arrear, or due upon any
lease for life or lives, or for years, or at will, ended or determined, toº
distrain for such arrears, after the determination of the said respec-
tive leases, in the same manner as they might have done, if such lease
or leases had not been ended or determined.
SEC. 45. For securing to lessors and land owners their just rights,
and to prevent frauds frequently committed by tenants :
Be it enacted, That in case any tenant or tenants for any term of life,
lives, or years, or other person or persons, who are or shall come
into possession of any lands, tenements, or hereditaments, by, from,
or under, or by collusion with such tenant or tenants, shall wilfully
hold over any lands, tenements, or hereditaments, after the deter-
mination of such term or terms, and after demand made, and notice
in writing given, for delivering the possession thereof, by his or their
landlords or lessors, or the person or persons, to whom the remainder
or reversion of such lands, tenements, or hereditaments shall belong,
his or their agent or agents thereunto lawfully authorized; then,
and in such case, such person or persons, so holding over, shall, for
and during the time he, she, and they shall so hold Over, or keep
the person or persons intitled, Out of possession of the said lands,
tenements and hereditaments, as aforesaid, pay to the person or per-
sons so kept out of possession, their executors, administrators, or
assigns, at the rate of double the yearly value of the lands, tene-
ments, and hereditaments, so detained, for so long time as the same
are detained, to be recovered in court of record,' by action of debt,
[whereunto the defendant or defendants, shall be obliged to give
special bail, against the recovering of which said penalty there shall
be no relief in equity.
SEC. 46. And whereas great inconveniencies do frequently happen
to lessors and landlords, in cases of re-entry for nonpayment of
rent, by reason of the many niceties that attend re-entries at com-
mon law; and forasmuch as when a legal re-entry is made, the land-
lord or lessor must be at the expense, charge, and delay of recover-
ing in ejectment, before he can obtain the actual possession of the
demised premisses; and it often happens that after such a re-entry
made, the lessee or his assignee, upon one or more bills filed in the
court of equity, not only holds out the lessor or landlord, by an
injunction, from recovering the possession, but likewise, pending
the said suit, do run much more in arrear, without giving any
security for the rents due, when the said re-entry was made, or
which shall and do afterwards incur: For remedy whereof:
Be it enacted, That in all cases between landlord and tenant, as
often as it shall happen that One half year’s rent shall be in arrear, and
the landlord or lessor, to whom the same is due, hath right by law to
re-enter for the nonpayment thereof, such landlord or lessor shall
and may, without any formal demand or re-entry, serve a declara-
tion in ejectment for the recovery of the demised premisses, or in
case the same cannot be legally served, or no tenant be in actual
CHAPTER xxxvii.I.-LANDLORD AND TENANT.
possession of the premisses, then to affix the same upon the door of
any demised messuage, Or in case such ejectment shall not be for the
recovery of any messuage, then upon some notorious place of the
lands, tenements, or hereditaments, comprized in such declaration
in ejectment, and such affixing shall be deemed legal service thereof,
which service, or affixing such declaration in ejectment, shall stand
in the place and stead of a demand and re-entry; and in case of
i. against the casual ejector, or nonsuit for not confessing
ease, entry, and Ouster, it shall be made appear to the court where
the said suit is depending, by affidavit, or be proved upon the trial,
in case the defendant appears, that half a year’s rent was due before
the said declaration was served, and that no sufficient distress was
to be found on the demised premisses, countervailing the arrears
then due, and that the lessor or lessors in ejectment had power to
re-enter; then, and in every such case, the lessor or lessors in eject-
ment shall recover judgment and execution, in the same manner as
if the rént in arrear had been legally demanded, and a re-entry made;
and in case the lessee or lessees, his, her, or their assignee or assignees,
Or other person or persons claiming or deriving under the said leases,
shall permit and suffer judgment to be had and recovered on such
ejectment, and execution to be executed thereon, without paying
the rent and arrears, together with full costs, and without filing any
bill or bills for relief in equity, within six calendar months after
Such execution executed; then, and in such case, the Said lessee or
lessees, his, her, or their assignee or assignees, and all other persons
claiming and deriving under the said lease, shall be barred and fore-
closed from all relief or remedy in law or equity, other than by
writ of error, for reversal of such judgment, in case the same shall
be erroneous, and the said landlord or lessor shall from thenceforth
hold the said demised premisses discharged from such lease; and if
on such ejectment verdict shall pass for the defendant or defend-
ants, or the plaintiff or plaintiffs shall be nonsuited therein, except
for the defendant or defendants not confessing lease, entry, and
Ouster, then in every such case such defendant or defendants shall
have and recover his, her, and their full costs: Provided always,
That nothing herein contained shall extend to bar the right of any
mortgagee or mortgagees of such lease, or any part thereof, who
shall not be in possession, so as such mortgagee or mortgagees shall
and do, within six calendar months after such judgment obtained,
and execution executed, pay all rent in arrear, and all costs and
damages sustained by such lessor, person or persons intitled to the
remainder or reversion, as aforesaid, and perform all the covenants
and agreements, which on the part and behalf of the first lessee or
lessees are and ought to be performed. .
SEC. 47. Amd be it further enacted, That in case the said lessee Or
lessees, his, her, or their assignee Or assignees, or other person or
persons, claiming any right, title, or interest, in law or equity, Of,
in, or to the said lease, shall, within the time aforesaid, file One or
more bill or bills, for relief in any court of equity, such person or
persons shall not have or continue any injunction, against the pro-
ceedings at law on such ejectment, unless he, she, or they do or shall
within forty days next after a full and perfect answer shall be filed
by the lessor or lessors of the plaintiff in such ejectment, bring into
court, and lodge with the proper officer such sum and Sums of money,
as the lessor or lessors of the plaintiff in the said ejectment shall, in
his, her, or their answer, swear to be due and in arrear, Over and
above all just allowances, and also the costs taxed in the said Suit,
there to remain till the hearing of the cause, or to be paid out to
the lessor or landlord, on good security, subject to the decree of the
court; and in case such bill or bills shall be filed within the time
aforesaid, and after execution is executed, the lessor or lessors of the
Proceedings in
ejectment not to
be enjoined except
by payment into
Court of money to
Cover arrearages
of rent and costs,
etc.
Ibid., sec. 3.
328
CHAPTER XXXVIII.—LANDLORD AND TENANT.
Ejectment suit
to cease, tenant
paying all rent
and costs.
Ibid., Sec. 4.
Method of re-
covering seck,etc.;
rents, etc.; limita-
tion.
Ibid., sec. 5.
| See Sec. 678,
797, R. S. D. C.
Chief leases may
be renewed with-
out surrender of
all under leases.
Ibid., sec. 6.
! See secs. 677,
678,679, R. S. D. C.
plaintiff shall be accountable only for so much, and no more, as he,
she, or they shall really and bona fide, without fraud, deceit, or wil-
ful neglect, make of the demised premises, from the time of his,
her, or their entring into the actual possession thereof, and if what
shall be so made by the lessor or lessors of the plaintiff, happen to
be less than the rent reserved in the said lease, then the ; lessee
or lessees, his, her, or their assignee or assignees, before he, she, or
they shall be restored to his, her, or their possession or possessions,
shall pay such lessor or lessors, or landlord or landlords, what the
money so by them made, fell short of the reserved rent, for the time
such lessor or lessors of the plaintiff, landlord or landlords, held the
Said lands.
SEC. 48. Provided always, and be it further emacted, That if the
tenant or tenants, his, her, or their assignee Or assignees, do Or shall,
at any time before the trial in Such ejectment, pay or tender to the
lessor or landlord, his executors or administrators, or his, her, or
their attorney in that cause, or pay into the court where the same
cause is depending, all the rent and arrears, together with the costs,
then, and in such case, all further proceedings on the said ejectment
shall cease, and be discontinued; and if such lessee or lessees, his,
her, or their executors, administrators, or assigns, shall, upon such
bill filed as aforesaid, be relieved in equity, he, she, and they, shall
have, hold, and enjoy the demised lands, according to the lease
º: made, without any new lease to be thereof made to him, her,
Or them.
SEC. 49. And whereas the remedy for recovering rents, seck rents
of assize and chief rents, are tedious and difficult :
Be it therefore enacted, That all and every person or persons, bodies
politick or corporate, shall and may have the like remedy by dis-
tress," and by impounding and selling the Same, in cases of rents,
seck rents of assize and chief rents, which have been duly answered
or paid for the space of three years, within the space of twenty years
before the first day of this present session of Parliament, or shall be
hereafter created, as in case of rent reserved upon lease; any law or
usage to the contrary notwithstanding.
SEC. 50. And whereas many persons hold considerable estates by
leases for lives or years, and lease out the same in parcels to several
under tenants: And whereas many of those leases cannot by law be
renewed without a surrender of all the under leases derived out of
the same, so that it is in the power of any such under tenant to pre-
vent or delay the renewing of the principal lease, by refusing to sur-
render their under leases, notwithstanding they have covenanted so
to do, to the great prejudice of their immediate landlords, the first
lessees: For preventing such inconveniencies, and for making the
renewal of leases more easy for the future: -
Be it enacted, That in case any lease shall be duly surrendered, in
order to be renewed, and a new lease made and executed by the chief
landlord or landlords, the same new lease shall, without a surrender
of all the under leases, be as good and valid, to all intents and pur-
poses, as if all the under leases derived thereout had been likewise
surrendered at or before the taking of such new lease; and all and
every person or persons in whom any estate for life or lives, or for
years, shall, from time to time, be vested by virtue of such new
lease, and his, her, and their executors and administrators, shall be
intitled to the rents, covenants, and duties, and have like remedy for
recovery thereof, and the under lessees shall hold and enjoy the
messuages, lands, and tenements, in the respective under leases com-
rised, as if the Original leases, out of which the respective under
eases are derived, had been still kept on foot and continued, and the
CHAPTER xxxvii.I.-LANDLORD AND TENANT. 329
chief landlord or landlords shall have, and be intitled to, such and
the same remedy, by distress" or entry in and upon the messuages,
lands, tenements, and hereditaments comprised in any such under
lease, for the rents and duties reserved by such new lease, so far as
the same exceed not the rents and duties reserved in the lease, out of
which such under lease was derived, as they would have had in case
such former lease had been still continued, or as they would have
had, in case the respective under leases had been renewed under such
new principal lease ; any law, custom, or usage to the contrary hereof
notwithstanding.
AN ACT for the more effectual securing the payment of rents, and preventing
frauds by tenants.
SEC. 51. In case any tenant or tenants, lessee or lessees for life , Goods fraudu.
or lives, term of years, at will, sufferance, or otherwise, of any i. º off
messuages, lands, tenements, or hereditaments, upon the demise or jºij
holding whereof any rent is or shall be reserved, due, or made pay- wherever found
able, shall fraudulently or clandestinely convey away, or carry off within thirty days
from such premisses, his, her, or their goods or chattels, to prevent for "ent due, etc.
the landlord or lessor, landlords or lessors, from distraining the 11 George II, ch.
same for arrears of rent so reserved, due, or made payable; it shall 19, Sec. 1, A. D
and may be lawful to and for every landlord or lessor, landlords or tº. Brit. S
lessors, * * : * or any person or persons by him, her, or them for tº: rit. Stat.,
that purpose lawfully empowered, within the space of thirty days Kilty's Rep.,251.
next ensuing such conveying away or carrying Off such goods or 2 Mackey Rep.,
chattels as aforesaid, to take and seize such goods and chattels, 3.5, Wallach vs.
wherever the same shall be found, as a distress' for the said arrears of Chºº 677. 678
rent; and the same to sell or otherwise dispose of in such manner, as 679.j.i.d.”
if the said goods and chattels had actually been distrained by such
lessor or landlord, lessors or landlords in and upon such premisses for
such arrears of rent; any law, custom, or usage to the contrary in
any wise notwithstanding.
SEC. 52. Provided always, That no landlord or lessor, or other ; to º:
- º i - e e Or
person entitled to such arrears of rent, shall take or seize any such .º.º...”.
e * g * as to bona fide
goods or chattels as a distress for the same, which shall be sold bona sales.
fide, and for a valuable consideration, before such seizure made, to -
any person or persons not privy to such fraud as aforesaid; anything
herein contained to the contrary notwithstanding. [See § 677, R. S. D. C.]
Ibid., sec. 2.
SEC. 53. And to deter tenants from such fraudulent conveying Damages pay-
away their goods and chattels, and others from wilfully aiding or able to landlord
assisting therein, or concealing the same : " . 5. !. º
Be it further emacted, That if any such tenant or lessee shall fraud- Hºys º
ulently remove and convey away his or her goods or chattels, as moving goods,
aforesaid, or if any person or persons shall wilfully and knowingly, etc., from leased
aid or assist any such tenant or lessee in such fraudulent conveying Premises.
away or carrying off of any part of his or her goods or chattels, or Ibid., sec. 3.
in concealing the same ; all and every person or persons so offending
shall forfeit and pay to the landlord or landlords, lessor or lessors,
from whose estate such goods and chattels were fraudulently carried
off as aforesaid, double the value of the goods by him, her or them
respectively carried off or concealed as aforesaid; to be recovered by
action of debt.
SEC. 54. Provided always, and be it enacted, That where the goods Recourse of land.
or chattels so fraudulently carried off or concealed shall not exceed º. "...”.
* w alu e of goods
the value of fifty pounds, it shall and may be lawful for the land-file.ily”.
lord or landlords, from whose estate such goods or chattels were ried off the leased
removed, his, her, or their bailiff, servant, or agent, in his, her, or premises.
their behalf, to exhibit a complaint in writing against such offender
330 CHAPTER xxxviii.-LAN DLORD AND TENANT.
Ibid., secº or offenders before" two or more justices of the peace of the same
S jºe. * * county, riding, or division of such county, residing near the place
• J_Y ~ \-'e whencesuch goods or chattels were removed, or near the place where
the same were found, not being interested in the lands or tenements
whence such goods were removed ; who may summon the parties
concerned, examine the fact, and all proper witnesses upon oath, or
if any such witness be one of the people called Quakers, upon affir-
mation required by law ; and in a summary way determine, whether
such person Or Fº be guilty of the offence, with which he or
they are charged; and to enquire in like manner of the value of the
goods and chattels by him, her, or them respectively so fraudulently
carried off or concealed as aforesaid ; and, upon full proof of the
offence, by order under their hands and seals, the said justices of
peace may and shall adjudge the offender or offenders to pay double
the value of the said goods and chattels to such landlord or land-
lords, his, her or their bailiff, servant, or agent, at such time as the
said justices shall appoint: And in case the Offender or offenders
having notice of such order, shall refuse or neglect so to do, may
tº and shall, by warrant under their hands and seals levy the same by
distress and sale of the goods and chattels of the offender or offend-
ers; (and for want of such distress may commit the offender or
Offenders to the house of correction, there to be kept to hard labor
without bail or mainprize for the space of six months, unless the
money so ordered to be paid as aforesaid shall be Sooner satisfied.)
Appeal by de SEC. 55. Provided also, That it shall and may be lawful for any
fendants. person who thinks himself aggrieved by such Order of the said two
Ibid., sec. 5. justices to appeal to the justices of the peace at their next general
- or quarter sessions to be held for the same county, riding, or divi-
sion of such county, who may and shall hear and determine such
appeal, and give such costs to either party as they shall think rea-
sonable, whose determination therein shall be final.
Landlords, may SEC. 56.' That where any goods or chattels fraudulently or clan-
º, º destinely conveyed or carried away by any tenant or tenants, lessee
fraudulently se-'9% lessees, his, her, or their servant or servants, agent or agents, or
cured therein. other person or persons aiding or assisting therein, shall be put,
: placed, or kept in any house, barn, stable, out-house, yard, close, or
*... ; :, place locked up, fastened, or otherwise secured, so as to prevent such
ex. Brit. Stat., 3. 2. e 5 -
734. goods or chattels from being taken and seized as a distress for arrears
See sec. 1, this of rent, it shall and may be lawful for the landlord or landlords,
chapter. lessor or lessors, his, her, or their steward, bailiff, receiver, or other
person or persons impowered, to take and seize, as a distress for
rent, such goods and chattles (first calling to his, her, or their assist-
ance the constable, headborough, borsholder, or other peace officer
of the hundred, borough, parish, district, or place where the same
shall be suspected to be concealed, who are hereby required to aid
and assist therein ; and in case of a dwelling-house, oath being also
first made before some justice of the peace of a reasonable ground
to suspect that such goods or chattels are therein) in the day-time,
to break open and enter into such house, barn, stable, out-house,
yard, close, and place ; and to take and seize such goods and chat-
tels for the said arrears of rent, as he, she, or they might have done
by virtue of this or any former act, if such goods and chattels had
been put in any open field or place. -
Landlords may SEC. 57. That it shall and may be lawful to and for every lessor
distain stock; or landlord, lessors or landlords, or his, her, or their steward, bail-
i.”.”. iff, receiver, or other person or persons impowered by him, her,
jes” tº aſ or them, to take and seize as a 'distress for arrears of rent, any cat-
rears of rent. tle or stock of their recpective tenant or tenants, feeding or depas-
turing upon any common, appendant Or appurtenant, or any ways
CHAPTER xxxvi II.—LANDLORD AND TENANT.
331
belonging to all or any part of the premisses demised or holden ; and
also to take and seize º Sorts of corn and grass, hops, roots, fruits,
pulse, or other product whatsoever, which shall be growing on
any part of the estates so demised or holden, as a distress for arrears
of rent; and the same to cut, gather, make, cure, carry, and lay up,
when ripe, in the barns, or other place on the premisses so demised
or holden; and in case there shall i. no barn or proper place on the
premisses so demised or holden, then in any other barn or proper
place which such lessor or landlord, lessors or landlords shall hire
or otherwise procure for that purpose, and as near as may be to the
premisses; and in convenient time to appraise, sell, or otherwise dis-
Ose of the same, towards satisfaction of the rent for which such
distress shall have been taken, and of the charges of such distress,
appraisement, and Sale, in the same manner as other goods and chat-
tels may be seized, distrained and disposed of ; and the appraisement
tº: to be taken when cut, gathered, cured and made, and not
€TOI’é.
SEC. 58. Provided always, That notice of the place where the
goods and chattels so distrained shall be lodged or deposited, shall,
within the space of one week after the lodging or depositing thereof
in such place, be given to such lessee or tenant, or left at the last
place of his or her abode ; and that if after any distress for arrears
of rent so taken, of corn, grass, hops, roots, fruits, pulse, or other
product which shall be growing as aforesaid, and at any time before
the same shall be ripe and cut, cured, or gathered, the tenant or
lessee, his or her executors, administrators, or assigns, shall pay or
cause to be paid to the lessor or landlord, lessors or landlords, for
whom such distress shall be taken, or to the steward or other person
usually employed to receive the rent of such lessor or lessors, land-
lord or landlords, the whole rent which shall be then in arrear,
together with the full costs and charges of making such distress, and
which shall have been occasioned thereby ; that then, and upon such
payment, or lawful tender thereof actually made, whereby the end
of such distress will be fully answered, the same and every part
thereof shall cease; and the corn, grass, hops, roots, fruits, pulse, or
other product so distrained, shall be delivered up to the lessee or
tenant his or her executors, administrators or assigns; any thing
herein before contained to the contrary notwithstanding.
SEC. 59. And whereas great difficulties and inconveniencies fre-
quently arise to landlords and lessors and other persons taking dis-
tresses for 'rents, in removing the goods and chattels or stock dis-
trained, off the premises, in cases where by law they may not be im-
pounded and secured thereupon; and also to the tenants themselves
many times, by the damage unavoidably done to such goods and
chattels, or stock, in the removal thereof:
JBe it enacted, That it shall and may be lawful to and for any per-
son or persons lawfully taking any distress for any kind of rent, to
impound, or otherwise secure the distress so made, of what mature
or kind soever it may be, in such place, or on such part of the pre-
misses chargeable with the rent, as shall be most fit and convenient
for the impounding and Securing such distress; and to appraise, Sell,
and dispose of the same upon the premisses, in like manner, and
under the like directions and restrictions to all intents and purposes,
as any person taking a distress for rent may now do off the prem-
isses, by virtue of an act made in the second year of the reign of King
William and Queen Mary, intituled, An act for enabling the sale of
goods distrained for rent, in case the rent be not paid in a reasona-
ble time; or of another act made in the fourth year of his present
Majesty, intituled, An act for the more effectual preventing frauds
committed by tenants, and for the more easy recovery of rents, and
Ibid., sec. 8.
See secs. 678,
797, R. S. D. C.
. . . . See secs. 678,
797, R. S. D. C.
Notice of lodg-
ment of property
distrained. Pay-
ment of rent due,
Crops not to be cut.
Ibid., sec. 9.
Alex. Brit. Stat.,
735, 736.
Property dis-
trained may be
secured and sold
on the premises;
appraise ment,
selling, etc.
332 CHAPTER xxxviii.-LANDLORD AND TENANT.
renewal of leases; and that it shall and may be lawful to and for
any person or persons whatsoever to come and go to and from such
place or part of the said premisses, where any distress for rent shall
be impounded and secured as aforesaid, in Order to view, appraise,
and buy, and also in order to carry off or remove the same, on account
P.r 9 vision of the purchaser thereof; and that if any pound-breach or rescous
against Poundres shall be made of any goods and chattels, or stock distrained for rent,
CU162. and impounded or otherwise secured by virtue of this act, the per-
Ibid., Sec. 10. Son or persons aggrieved thereby shall have the like remedy, as in
cases of pound-breach or rescous is given and provided by the said
statute. 3.
Attºrnments by SEC. 60. And whereas the possession of estates in lands, tenements,
tenants Void. and hereditaments is rendered very precarious by the frequent and
fraudulent practice of tenants, in attorning to strangers, who claim
title to the estates of their respective landlord or landlords, lessor or
lessors, who by that means are turned out of possession of their
respective estates, and put to the difficulty and expence of recovering
the possession thereof by actions or suits at law; for remedy thereof:
Be it enacted, That all and every such attornment and attorn-
ments of any tenant or tenants of any messuages, lands, tenements,
or hereditaments, shall be absolutely null and void to all intents
and purposes whatsoever; and the possession of their respective
landlord or landlords, lessor or lessors, shall not be deemed or con-
strued to be any wise changed, altered, or affected by any such
attornment or attornments: Provided always, That nothing herein
Ibid., sec. 11. Contained shall extend to vacate or affect any attornment made pur-
Suant to and in consequence of some judgment at law, or decree or
Order of a court of equity, or made with the privity and consent of
the landlord or landlords, lessor or lessors, or to any mortgagee after
the mortgage is become forfeited. [See § 688, R. S. D. C.]
Exceptions.
laº; º SEC. 61. And whereas great inconveniencies have frequently hap-
m ent n oº::... pened to landlords by their tenants secreting declarations in eject-
served. ment, which have been delivered to them, or by refusing to appear,
Ibid 12 to such ejectments, or to suffer their landlords to take upon them
*** **, the defence thereof: -
Be it further enacted, That every tenant, to whom any declaration
in ejectment shall be delivered for any lands, tenements, or heredit-
aments, shall forthwith give notice thereof to his or her landlord
or landlords, or his, her, or their bailiff or receiver, under penalty
of forfeiting the value of three years improved or rack rent of the
premisses so demised or holden in the possession of such tenant, to
the person of whom he or she holds; to be recovered by action of debt.
In jeº: SEC. 62. It shall and may be lawful for the court where such
...a ..". ejectment shall be brought, to suffer the landlord or landlords to
Come party. make him, her, or themselves defendant or defendants, by joining
* - with the tenant Or tenants, to whom such declaration in ejectment
A. '; sº shall be delivered, in case he or they shall appear; but in case such
733. “” tenant or tenants shall refuse or neglect to appear, judgement shall
be signed against the casual ejector for want of such appearance;
but if the landlord or landlords of any part of the lands, tenements,
or hereditaments, for which such ejectment was brought, shall desire
to appear by himself or themselves, and consent to enter into the
like rule that by the course of the court the tenant in possession, in
Case he or she had appeared, ought to have done; then the court,
where such ejectment shall be brought, shall and may permit such
landlord or landlords so to do, and order a stay of execution upon
Such judgment against the casual ejector, until they shall make
further order therein. –
CHAPTER XXXVIII. —LANDLORD AND TENANT. 333
SEC. 63. And to obviate some difficulties that many times occur Rent for use and
in the recovery of rents, where the demises are not by deed: º º:
Be it further enacted, That it shall and may be lawful to and for . ºie.
the landlord or landlords, where the agreement is not by deed, to sº &
recover a reasonable satisfaction for the lands, tenements or heredit- "bid" see: 14.
aments, held or occupied by the defendant or defendants, in an
action on the case, for the use and Occupation of what was so held
or enjoyed; and if in evidence on the trial of such action any parol
demise or any agreement (not being by deed) whereon a certain rent
was reserved shall appear, the plaintiff in such action shall not
therefor be monsuited, but may make use thereof as an evidence of
the quantum of the damages to be recovered.
SEC. 64. And whereas where any lessor or landlord, having only an , , Rents recovera.
estate for life in the lands, tenements, or hereditaments demised, º:
happens to die before or on the day, on which any rent is reserved, j
or made payable, Such rent Or any part thereof, is not by law recover- expiration of
able by the executors or administrators of such lessor or landlord; Jease.
nor is the person in reversion entitled thereto, any other than for the Tbid.sec. 15
use and occupation of such lands, tenements or hereditaments, from 3 ºvºvº • * ~ *
the death of the tenant for life ; of which, advantage hath been often
taken by the under-tenants, who thereby avoid paying anything for
the same ; for remedy whereof -
Be it enacted, That where any tenants for life shall happen to die
before or on the day, on which any rent was reserved or made payable
upon any demise or lease of any lands, tenements, or hereditaments,
which determined on the death of such tenant for life, that the
executors or administrators of such tenant for life shall and may in
an action on the case recover of and from such under-tenant or under-
tenants of such lands, tenements, or hereditaments, if such tenant
for life die on the day on which the same was made payable the
whole, or if before such day them a proportion, of such rent according
to the time such tenant for life lived, of the last year, or quarter of
a year or other time in which the said rent was growing due as
aforesaid, making all just allowances or a proportionable part thereof
respectively.
SEC. 65. And whereas great inconvenienciès have happened, and Tenants liable to
may happen to landlords, whose tenants have power to determine Pay, ºle ºnt
their leases, by giving notice to quit the premises by them holden, #..."; º:
& & e y fixed for
and yet refusing to deliver up the possession, when the landlord quitti. ‘.
hath agreed with another tenant for the same: e
Pe it further emacted by the authority aforesaid, That in case any . ‘ī; 18.
e ſº tº tº tº g - . Brit. Stat.,
tenant or tenants shall give notice of his, her, or their intention to 7 ſoºi.
quit the premisses by him, her, or them holden, at a time mentioned
in such notice, and shall not accordingly deliver up the possession
thereof at the time in such notice contained; that then the said ten-
ant or tenants, his, her, or their executors or administrators, shall
from thenceforward pay to the landlord or landlords, lessor or lessors,
double the rent or sum, which he, she, or they should otherwise have
jpaid ; to be levied, sued for, and recovered at the same times, and in
the same manner, as the single rent or sum before the giving such
notice notice could be levied, sued for, or recovered; and such double
rent or sum shall continue to be paid, during all the time such ten-
ant Or tenants shall continue in possession as aforesaid.
SEC. 66. And whereas it hath sometimes happened, that upon any Tenant may re-
distress made for rent justly due the directions of the statute made ºr lamages for
in the second year of the reign of King William and Queen Mary, lº.
intituled, An act for enabling the sale of goods distrained for rent, in g
case the rent be not paid in a reasonable time, have not been strictly Ibid., Sec. 19.
pursued, but through the mistake or inadvertency of the landlord
334
\
CHAPTER XXXVIII. —LANDLORD AND TENANT.
)
or other person entitled to such rent and distraining for the same,
or of the bailiff or agent of such landlord or other person, some
irregularity or tortious act hath been afterwards done in the dispo-
sition of the distress so seized, or taken, as aforesaid ; for which
irregularity or tortious act the party distraining hath been deemed
a trespasser ab initio, and in an action brought against him as such
the plaintiff hath been entitled to recover, and has actually recovered,
the full value of the rent, for which such distress was taken : And
whereas it is a very great hardship upon landlords and other persons
entitled to rents, that a distress duly made should be thus in effect
avoided for any subsequent irregularity :
Proviso to pre-
ceding section.
Ibid., sec. 20.
Alex. Brit. Stat.,
742.
General issue
pleadable in ac-
tions against per-
sons entitled to
rents; defendant
when may recover
double costs.
Ibid., sec. 21.
Landlord’s plea
in replewin of dis-
tress.
Costs on non-
suit, etc.
Ibid., sec. 22.
Be it emacted, That where any distress shall be made for any kind
of rent justly due, and any irregularity or unlawful act shall be
afterwards done by the party or parties distraining, or by his, her, ,
or their agents; the distress itself shall not be therefore deemed to
be unlawful, nor the party or parties, making it be deemed a tres-
passer or trespassers ab initio , but the party Or parties aggrieved
by such unlawful act or irregularity shall or may recover full Satis-
faction for the special damage he, she, or they shall have Sustained
thereby, and no more, in an action of trespass or on the case at the
election of the plaintiff or plaintiffs: Provided always, That where
the plaintiff or plaintiffs shall recover in such action, he, she, or
they shall be paid his, her, or their full costs of suit, and have all
the like remedies for the same as in other cases of costs. .
SEC. 67. Provided, nevertheless, That no tenant or tenants, lessee
or lessees, shall recover in any action for any such unlawful act or
irregularity as aforesaid, if tender of amends hath been made by the
party or parties distraining, his, her, or their agent or agents, before
such action brought.
SEC. 68. From and after the said twenty-fourth day of June, one
thousand seven hundred and thirty-eight, in all actions of trespass
or upon the case to be brought against any person or persons intitled
to rents or services of any kind, his, her, or their bailiff or receiver,
or other person or persons, relating to any entry by virtue of this
act, or otherwise, upon the premisses chargeable with Such rents or
services, or to any §º or seizure, sale or disposal of any goods
or chattels thereupon; it shall and may be lawful to and for the
defendant or defendants in such actions to plead the general issue,
and give the special matter in evidence; any law or usage to the Con-
trary notwithstanding: And in case the plaintiff or plaintiffs in Such
action shall become monsuit, discontinue his, her, or their action, or
have judgement against him, her, or them, the defendant or defend-
ants shall recover double costs of suit. -
SEC, 69. And whereas great difficulties often arise in making
avowries or conuzance upon distresses for rent, quit-rents, reliefs,
heriots, and other services: -
Be it further enacted, That it shall and may be lawful to and for
all defendants in replewin to avow or make conuzance generally, that
the plaintiff in replevin, or other tenant of the lands and tenements
whereon such distress was made, enjoyed the same under a grant Or
demise at such a certain rent, during the time wherein the rent dis-
trained for incurred, which rent, was then and still remains due ; Or
that the place where the distress was taken was parcel of such Cer-
tain tenements, held of such honor, lordship, or manor, for which
tenements the rent, relief, heriot, or other service distrained for, was,
at the time of such distress and still remains due ; without further
setting forth the grant, tenure, demise, or title of such landlord or
landlords, lessor or lessors, owner or owners of such manor; any
law or usage to the contrary notwithstanding : and if the plaintiff or
CHAPTER xxxviii.-LANDLORD AND TENANT,
335
plaintiffs in such action shall become nonsuit, discontinue his, her,
or their action, Or have judgement given against him, her, or them,
the defendant Or defendants in such replevin shall recover double
costs of suit. [See § 820, R. S. D. C.]
q.
SEC. 70. Whereas divers lands, tenements and hereditaments have
been, and may be, granted by lease for the life of one or more person
or persons, or for terms of years absolute, or determinable upon the
death of one or more person or persons or otherwise; and whereas
in Order to obtain a renewal of such leases, it is in many cases neces-
sary to surrender up the estates thereby granted; which surrenders
cannot be effectually made by persons under the age of twenty-one
years, nor lunaticks, nor by femes covert without levying a fine, to
the manifest detriment of them and their families:
Be it enacted, That in all cases where any person under the age
of twenty-One years, or any lunatick or feme covert, is or shall
become interested in or intitled to any lease or leases made or granted,
Or to be made or granted, by any person or persons, bodies politick,
corporate or collegiate, aggregate or sole, for the life or lives of one
Or more person Or persons, or for any term of years, either absolute
Or determinable upon the death of one or more person or persons or
otherwise, it shall and may be lawful for such person under the age
of twenty-one years, or for his or her guardian or guardians, or
other person or persons on his or her behalf, and for such lunatick,
or his or her guardian or guardians, committee or committees of
the estate, or other person or persons on his or her behalf, and for
such feme covert, or any other person or persons on her behalf, to
apply to the court of equity by petition or motion, in a summary
way, and by the Order and direction of the court made, upon hearing
all parties concerned, such person under the age of twenty-one
years, and such lunaticks, or person or persons appointed by the
said courts respectively, and also such feme covert, by deed or deeds
only, without levying any fine, shall and may be enabled, from time
to time, to surrender such lease or leases, and accept and take, in
the name and for the benefit of such person under the age of twenty-
one years, or lunatick, or feme covert, one or more new lease or
leases of the premisses comprised in such lease or leases surrendered
by virtue of this act, for and during such number of lives, or for
such term or terms of years, determinable upon Such number of
lives, or for such term or terms of years absolute, as was or were men-
tioned or contained in such lease or leases so surrendered at the
making thereof respectively, or otherwise as the court shall direct.
SEC. 71. All and every sum and sums of money and other consid-
eration, paid or advanced by any such guardian, trustee, committee
or other person, as and for a fine or income, or in the nature of a
fine or income, for or on account of the renewal of any such lease or
leases, and all reasonable charges incident thereto, shall be paid out
of the estate or effects of the infant or lunatick for whose benefit
the said lease or leases shall be renewed, or shall be a charge and
incumbrance upon the leasehold premises, together with interest for
the same, as the said courts respectively shall direct and determine;
and as for and concerning leases to be made upon Surrenders by
femes covert, unless the fine or consideration of such lease, and the
reasonable charges shall be otherwise paid or secured, the same,
together with interest, shall be a charge or incumbrance upon such
leasehold premises, for the use and benefit of such person or persons
who shall advance the same.
SEC. 72. The respective leases to be so renewed, shall operate, and
be to the same uses, and be liable to the same trusts, charges, incum-
brances, dispositions, devises, and conditions, as the leases to be,
y
Infants, lun a -
tics, and femes
COvert enabled to
Surrender leases in
Order to renew the
Sa,DO €.
29 George II,
Ch. 31, sec. 1, A.
D. 1756.
Alex. Brit. Stat.,
788,789. -
Kilty's Rep., 253.
Charges, etc.,
for renewing such
leases to be paid
out of estate of
party benefited.
Ibid., Sec. 2.
Renewed leases
to be subject to
same trusts, etc.,
as surren der ed
leases.
336 * CHAPTER xxxv III.-LANDLORD AND TENANT.
Ibid., Sec. 3. from time to time, Surrendered as aforesaid, were or would have
º”* been subject to, in case such surrender had not been made; any-
v v. thing in this or any former law to the contrary notwithstanding.
Surrenders and SEC. 73. Every such surrender, and such lease or leases granted
renewals, Valid, thereupon, shall be, and be deemed as valid and legal, to all intents
*** * * and purposes, as if such surrender had been made by and on the
Ibid., sec. 4, behalf of a person of full age, Sane mind or not married ; any thing
in this or any former law to the contrary notwithstanding.
Lunatics entitled SEC. 74. In all cases where any lumatic is or shall be intitled, or
iºr º has right to renew any lease or leases made or granted, or to be made
... or granted, for the life or lives of one or more person or persons, or
accept surrenders for any term or number of years, absolute or determinable on the
of old leases and death of one or more person or persons, or otherwise ; it shall and
grant new ones, may be lawful to and for such lunatic, or his or her guardian or
11 George III, guardians, committee or committees, of his estate, in his, her, or
ch. 20, sec.f., A. D. their name or names, by the direction of the chancellor signified by
1771. e an order made on hearing all parties concerned, upon petition, in a
ºrit. * summary way, from time to time, to accept of a surrender or sur-
# Rep. 253. Tenders of such lease.or leases; and to make and execute to any
person or persons bodies politic, or corporate or collegiate, aggregate
or sole, a new lease or leases of the premises comprised in such lease
or leases so to be surrendered by virtue of this act, for and during
such number of lives, or for such term or terms of years, determin-
able upon such number of lives, or for such term or terms of years
absolute, as was or were mentioned or contained in such lease or
leases so surrendered, at the making thereof, or otherwise, as the
ºlor by any such order, so to be obtained as aforesaid, shall
irect. - -
Such renewals SEC. 75. That all and every such lease or leases SO to be made or
to be valid, etc. executed as aforesaid, shall be and be deemed as good and valid, and
Ibid., Sec. 2. effectual in the law, to all intents and purposes, as if such lunatic
5 was at the time of making or executing thereof of Sane mind, and
had executed the same in his or her own proper person ; any thing
in this act, or any former law, to the contrary thereof in any wise
notwithstanding.
Net moneys re- SEC. 76. Provided always, That all fines, premiums, foregifts, and
ceived for renewal sums of money, which shall or may be had, received, or paid for, or
Of º to on account of the renewing of any such lease or leases as aforesaid,
id: º * shall (after a deduction of all necessary incident charges and
distribution of expenses) be paid to the guardian or guardians, committee or Com-
unexpended bal- mittees, of the said lunatic, and be applied and disposed of for the
ance at lunatic's benefit of such lunatic, in such manner as the chancellor shall direct :
death. But, upon the death of such lunatic or lunatics, all such sum and
Ibid., sec. 3. sums of money as shall arise by such fines, premiums, or foregifts,
Alex, Brit. Stat., or so much as shall remain unapplied for the benefit of such luna-
792. tic or lunatics, at his, her or their death, shall, as between the repre- .
sentatives of the real and personal estates of all such lunatics, be
considered as real estate, unless such lunatic or lunatics shall be
tenant for life only; and then the same shall be considered as per-
Sonal estate.
CHAPTER XXXIX. —LAWS. * 337
CHAPTER THIRTY-NINE.
LAWS.
Sec. Sec.
1. All laws of the United States not lo- || 9. Commission to compile the laws of
cally inapplicable. - the District of Columbia.
2. Certain laws of Maryland continued 10, Compensation to the commissioners
in force. and for incidental expenses.
3. Temporary statutes of Maryland 11. Compilation to be printed; price.
adopted for District of Columbia | 12. Repeal of certain acts of Congress
continued in force. passed prior to December 1, 1873.
4. Laws and ordinances of Washington, 13. Repeal of laws of Maryland Assem-
Georgetown and levy court contin- bly passed prior to April 26, 1704.
ued in force. | 14. Repeal of all prior laws inconsis-
5. Definitions, number, gender, insane tent with Maryland statute of wills
person, officer and oath. and duties of personal represen-
6. Definition of ‘‘ vessel.” tatives, guardians, and rights of
7. Definition of ‘‘Vehicle.” - º Orphans.
8. Definition of “company” or “asso-
ciation.”
SEC. 1. The Constitution and all the laws of the United States, Laws of United
which are not locally inapplicable, shall have the same force and States not, locally
effect within the District as elsewhére within the United States.* inapplicable.
(See §§ 722, 1891, R. S. U.S.] Sec. 93, R. S.
D. C.
Feb. 21, 1871. 16 Stat.,426. Mackey Rep., 153, U. S. vs. Dunn: 1 Mackey Rep.,
530,565, U.S. vs. Guiteau; 3 Mackey Rep., 118, in re Kirk; 14Wall. Rep., 431, Smith
vs. Mason; 6 Mackey Rep., 319, 328, U. S. vs. Crawford; 2 Cranch, Ct., 197, U. S.
ovs. Black; 102 U. S. #: 667, Page vs. Burnstine; 95 U. S. Rep., 91, Good vs. Mar-
tin; 18 Wall. Rep., 649, Hornbuckle vs. Toombs. 4 *
SEC. 2. The laws of the State of Maryland not inconsistent with ... Certain laws of
this Title, as the same existed on the twenty-seventh day of Febru- Mºyland contin-
ary, eighteen hundred and one, except as since modified or repealed * * *
by Congress or by authority thereof, or until so modified or repealed, Sec. 92, R. S.
continue in force within the District. # (See § 837, R. S. D. C.) * Pº§ 27, 1801
2 Stat., 103, 104, ch. 15, sec. 1; 133 U. S. Rep., 265, Geofroy vs. Riggs; 91 U.S.
Rep., 359, Morsell vs. Bank. *
SEC. 3. That all temporary statutes of the State of . Maryland Temporary stat-
which by the first section of the act concerning the District of iº9, Maryland
Columbia, passed on the twenty-seventh of February, one thousand lººp. dº
eight hundred and one, were adopted for the said District, shall not continued infº.
expire within the said District, by virtue of any limitation in said wº -
statutes contained; but shall remain in force as at the time of their ; 1. 431
adoption, unless other provision has been or shall be made by Con- see. 6. " l). y
gress respecting the same.
* The Constitution of the United States, in Art. 1. sec. 8, par. 18, declares that Congress shall have
power to exercise exclusive legislation over this District.
Also the ordinances of the Board of Health legalized by Congress. 1 Sup. R. S. 575, 582; and the
Acts of Leg. Assem., 1871, 1872, and 1873. -
+ The common law was a part of the laws so adopted. 91 U. S. Rep., 359, Morsell vs. First Nat.
Bank; 13 Peters Rep., 298, Van Ness vs. Hyatt; 12 Peters Rep., 622, Kendall vs. U. S.; 3 Cranch, Ct.
Rep., 441, U. S. vs. Watkins.
Also certain British statutes in force in Maryland. 1 Mackey Rep., 566, U.S. vs. Guiteau; 4 Cranch,
Ct. Rep., 120, U. S. vs. Jennegen.
The laws of Maryland “were considered as having been re-enacted by Congress totidem verbis.”
1 Cranch Rep., 258, U. S. vs. Simms; see also Md. act 1791, ch. 45, sec, 2, 1 Dorsey, 269, 2 Kilty, 319.
The sovereignty of Maryland over Washington County in this District, terminated February 27,
1801. 13 Peters Rep., 19, Van Ness vs. Bank of United States.
The Maryland laws can, not be enforced in this District if repugnant to the Constitution or laws of
the United States. 1 Mackey Rep., 529–579, U. S. vs. Guiteau; 6 Cranch Rep., 128, Fletcher vs. Peck;
2 Cranch, Ct. R., 197, U. S. vs. Black. *.
22 C. S
$
338 - CHAPTER xxxix-LAWS.
Laws and,9rdi- SEC. 4. All laws and ordinances of the cities of Washington” and
#º C. Georgetown, respectively, and of the levy court of the District of
; and of 㺠Columbia, not inconsistent with this chapter, and except as modified
levy court to re- or repealed by Congress or the legislative assembly of the District
main in force since the first day of June, eighteen hundred and seventy-one, or
until, etc. . until so modified or repealed, remain in full force.
Sec. 91, R. S. D.C.
CONSTRUCTION OF LAWS.
Definitions. SEC. 5. In determining the meaning of the revised statutes, or of
Sec.T.E.S.U.s. any act or resolution of Congress passed subsequent to February
3. twenty-fifth, eighteen hundred and seventy-one, words importing
the singular number may extend and be applied to several persons
Or things; words importing the plural number may include the sin-
gular ; words importing the masculine gender may be applied to
females; the words “insane person’ and “lunatic” shall include
every idiot, mom compos, lunatic, and insane person ; the word “per-
Son” may extend and be applied to partnerships and corporations,
and the reference to any officer shall include any person authorized
by law to perform the duties of such office, unless the context shows
that such words were intended to be used in a more limited sense;
and a reqirement of an “oath” shall be deemed complied with by
affirmation in judicial form.
Vessel, SEC. 6. The word “vessel” includes every description of water-
Sec. 3, R.S. U.S. craft or other artificial contrivance used, or capable of being used,
as a means of transportation on water. -
Vehicle. SEC. 7. The word “vehicle” includes every description of carriage
Sec. 4, R.S. U.S. or other artificial contrivance used, or capable of being used, as a
- means of transportation. On land. - -
Company, asso- SEC. 8. The word “company” or “association,” when used in ref-
ciation. erence to a corporation, shall be deemed to embrace the words “suc-
Seal. cessors and assigns of such company or association,” in like manner
Sec. 5, R.S. U.S. as if these last-named words, or words of similar import, were
expressed.
- COMPILATION OF LAWS.
Commission to SEC. 9. That the supreme court of the District of Columbia be, and
º: lº D. is hereby, authorized and directed to appoint two persons learned in
...t &º. the law as Commissioners to compile, arrange, and classify, with a
- proper index, all statutes and parts of statutes in force in the said
*sº, District, including the acts of the second session of the Fiftieth
* *āo; ‘’’ Congress, and relating to all such matters as would properly come
Sec. 1. Ch. 392. tº # * e 5 a vº. “ tº º º
within the scope of a civil and criminal code; and the said court
shall have power to fill any vacancies occurring in said commission.
Compensation. SEC. 10. That each of the said commissioners shall receive for his
- services such sum, not exceeding one thousand five hundred dollars,
as said court shall deem reasonable ; said sum to be paid upon the
completion of the work and the approval thereof in writing by the
court; which sums, together with the reasonable costs, incurred by
Expenses. the commission for clerical assistance and incidental expenses, not
Ibid., sec. 2. exceeding the sum of one thousand dollars, shall be paid by the Sec-
retary of the Treasury out of any moneys not otherwise appropriated,
one half to be paid out of the revenues of the District of Columbia.
Printing. SEC. 11. That of said compilation, when completed, upon the Order
Ibid., sec. 3 of the supreme court of the District of Columbia, there shall be
* * * printed five thousand copies at the Government Printing Office, said
copies to be sold at ten per centum above cost.
*The Commissioners have no authority to set aside an ordinance of the city of Washington estab-
lishing a hackstand. 3 McArthur Rep., 267, Dennison vs. Gavin. . **
CHAPTER XL.—LICENSE. - 339
REPEAL PROVISIONS.
SEC. 12, All acts of Congress passed prior to the first day of Decem- º, § º
ber, one thousand, eight hundred and seventy-three, relating to the . . . ;
District of Columbia, any portion of which is embraced in the fore- tº of Columbia.
going revision are hereby repealed; and the section applicable thereto --
shall be in force in lieu thereof; and this revision of the acts of . Sec. 1296, R. S.
Congress relating to the District of Columbia shall be subject to, and D. Sº P.34%
tº 9 : r; Juné 22, 1874.
ś by the provisions of chapter seventy-four of the Revised ºs. Rep.
tatutes of the United States, entitled “Repeal Provisions.” 669, Page vs. Burn!
[See R. S. U. S., §§ 12, 13, 5595-5601.] stine ; 97 TJ. S.
Rep., 552, U. S. vs. Clafin; 11 Wallace Rep., 88, U. S. vs. Tynen; 3 Howard Rep.,
645, Davies vs. Fairbairn; 16 Peters Rep., 342, U. S. vs. Peters; 1 Mackey Rep.,
529, U. S. vs. Guiteau; 2 Mackey Rep., 394, U. S. vs. Wyman; 3 Mackey Rep., 153, U.
S. vs. Dunn ; 6 Mackey Rep., 117, Chadsey vs. Fuller; 6 Mackey Rep., 157, Moore
vs. Shannon; 48 Md. Rep., 292, Strauss vs. Heiss; 6 Mackey Rep., 510, Newmeyer
vs. Cowling; 106 U. S. Rep., 395, King vs. Cornell; 107 U. S. Rep., 451, Cook County
Bank vs. U. S.; 109 U.S. Rep., 556, Crow Dog ; 112 U. S. Rep., 536, Chew Heong vs.
U. S. ; 118 U. S. Rep., 389, U. S. vs. Langston. -
SEC. 13. That all and every act and acts of assembly of Maryland [this º º laws
province] made or enacted at any time before the session of assem- 2...º.º.º.º.
- e º sembly passed
bly begun and held at the port of Annapolis, the twenty-sixth day prior to Apr. 26,
of April, one thousand seven hundred and four, except the act, iſoq,
entitled, An act for the establishment of religious worship in this r’ſ Y/ſ a ,
& e 8.5 e Md. act 1704, ch.
province, according to the church of England, and for the mainte; 77.
nance of ministers, and except the act for keeping good rules and 1 Kilty, 80.
Orders in the port of Annapolis, and which are not revived, saved,
and enacted this present session of assembly, be and are hereby
repealed and made void. [See 1 Kilty 141, ch. 49, $2. -
SEC. 14. That every provision, rule or regulation, contained in any ... Repeal of , all
act of assembly [of Maryland] heretofore passed, or in any English ºngº
statute introduced, used or practised under, in this District [state, ºe . º
which is inconsistent with, or repugnant to, any thing contained in etc. ~,
this act, be and it is hereby repealed and rendered utterly void and -wa. Hºs.
Of no effect, * - 10....”
. - 2 Kilty, 831.
…------------. -------------" " - * Dorsey, 370.
CHAPTER FORTY.
LICENSE.
Sec. Sec.
1. Licenses required by following sec- 11. Same sold in mineral or other waters.
tions. 12. Apothecaries may sell liquors as med-
2. Oath of applicant for; certificate for, icine without license; oath of.
how obtained; form of; transfer | 18. Business places not to be kept open
of. (NOTE.-Refunding of deposit On Sundays. – : * *
money.) 14. No license for sale of liquor within
3. Time from which licenses shall run. a mile of Soldiers' Home.
4. Penalty for not taking out license. 15. Undertakers, when to take out
5. Each pursuit to be licensed. license.
6. Only good for location named, when. 16. Auctioneers and real estate agents;
7. Penalty for nonresident using license penalty for noncompliance.
issued to resident. 17. “Capital invested” defined.
8. No license required for selling wood, 18. Tax on sales, etc., how collected, etc.
etc., brought in carts, etc. 19. Carts, etc., to be numbered; penalty
9. When livery stables and wood, coal for noncompliance.
and lumber yards may be licensed. | 20. Lists of licencees of hacks, etc., to be
10. License to sell liquor by the drink, kept.
how obtained. 21. License for each insurance company.
* The act referred to is entitled as follows: “An act for amending, and reducing into system, the
laws and regulations concerning last wills and testaments, the duties of executors, administrators,
and gurdians, and the rights of orphans and other representatives of deceased persons.” -- -
340 CHAPTER XL-LICENSE.
Sec. Sec. *
22. Apothecaries, license. 64. Recovery of fines ; informer's
23. Auctioneers, license. share. -
24. Commercial agents, license. . 65. Intelligence offices, license : penalty
25. Bankers, license. for not obtaining license. ... •
26. Bill posters, license. 66. Recovery of fines, etc.
27. Bar and sample rooms, etc., license. 67. Carriages and other vehicles for hire,
28. Beer gardens, license. to be numbered ; drivers to wear
29. Billiard and other tables, license. +. number ; penalty for noncompli-
30. Bowling alleys, license. - ance. - - -
31. Brewers, license. 68. Hack stands, requirements, etc. :
32. Brokers, license. penalty for noncompliance. *
33. Commission merchants, license. 69. Vehicles not to stand on streets,
34. Cattle and horse brokers, license ; etc. -
pawnbrokers, license. 70. Police to regulate vehicles when
\. 35. Butchers to pay rent. • more than ten are at One place ;
36. Concerts, exhibitions, and balls for penalty for obstructing police.
gain, license. 71. When private carriages subject to
37. Circuses, license. same regulations.
38. Distillers, license. 72. Rates of fare, baggage, etc.
39. Dealers in distilled liquors, etc., li- | 73. Contracts for fare ; , penalty when
C62]]. Se. more is demanded by driver.
40. Produce dealers, license. 74. Penalty for refusing to pay fare.
* 41. Hacks, cabs, omnibuses, etc., license. 75. Regulating fares by trip.
42. Hotels, license. 76. Speed of vehicles regulated.
43. Intelligence offices, license. 77. Disposition of property left in ve-
44. Fire insurance companies, license. hicles; penalty for nonreturn.
45. Life insurance companies, license. 78. How vehicles may be engaged.
46. Insurance agents, license. 79. Tickets to be furnished drivers.
47. Junk shop, license. 80. Penalty for not handing ticket to
48. Livery stables, license. passenger.
49. Grounds used for horse racing and 81. Penalty for not posting rate-card in
tournaments; license. conspicuous place.
50. Peddler's license; definition of ped- || 82. Drivers and owners of vehicles for
dler. hire must not refuse to carry pas-
51. Real estate agents, license. sengers; must demand Only legal
52. Rectifiers, license. - fare, etc. -
53. Restaurants and eating-houses, li- || 83. Penalty for demanding illegal fare.
CéIlSe. 84. Police to regulate vehicles at wharves
54. Theaters, license. * - and railroad stations.
55. Variety theaters, license. 85. Collection of fines and penalties.
56. Contractors, license ; definition of 86. Policemen as hack inspectors; powers
contractor. of ; appeal. ~ : . . . . .
57. Book agents, license. 87. Copies of law to be furnished owners
58. Illuminating gas, license. and drivers.
59. Claim agents, license. 88. Penalty for two convictions under
60. Patent agents, license. this act.
61. Ice dealers. 89. Stages and Omnibuses, regulations
62. Definitions of persons and gender. concerning.
63. Provisions for police regulations con- 90. Definition of hackney carriage.
tinued in force. 91. Fares for light vehicles.
Eigensei re. SEC. 1. No person shall be engaged in any trade, business, or pro-
quired of all Peº fession hereinafter mentioned until he shall have obtained a license
sons engaged in ^s a Tº ſº •on ºn . • *-* A wrº
any trade, etc., therefor, as hereinafter pi Ovided.
hereinafter men-
tioned.
1 Leg. Assem., Aug. 23, 1871, Sec. 1, p. 87.
SEC. 2. Every person engaged in any trade, occupation, or pro-
fession for which a license tax is imposed by the laws of the District
of Columbia, shall, at the time for procuring the same, make appli-
oath of appli- cation to the assessor [register] and shall state, under oath, or affir-
cant for licensé. mation, such facts as may be applicable to licenses as apothecaries,
commercial agents, bankers, banks, bar-rooms, Sample-rooms, and
tippling-houses; billiard, bagatelle, and Jenny Lind tables; bowling
alleys, brokers, dealers in merchandise; distilled and fermented
liquors, wines, and cordials; hacks, carriages, cabs, Omnibuses, and
street cars; hotels, fire and life insurance companies; livery stables,
manufacturers, peddlers, resident or otherwise. The assessor [reg-
Certificate to be ister] shall then issue to the applicant a certificate stating the par-
given by register, ticular kind of license for which application has been made, and the
amount of money required by law to be paid therefor. Said certifi-
CHAPTER XL.-LICENSE. _341
cate shall be delivered to the collector, whô shall, upon the receipt Upgn receipt of
of the sum of money stated therein, give a certificate of deposit, ºflºt: and
stating the amount of money paid and the kind of license required, i.ei.am.
and it shall be the duty of the assessor [register] to issue said license. lector to issue ii-
Every license shall state the name of the person to whom granted, cense. &
and the number of the house and street where it is desired to carry Form of license.
on such business or occupation when such business Or occupation -
has an established location, and the kind of business for which it
is required, and shall be signed by the register, and impressed with
the seal of his office. Licenses may be transferred to persons to Transfer of li-
continue the same business in the same house, or to remove a place cense.
of business, under the same regulations as the original license. All Ibi • ,
tº gº tº ºr ºr ºn "ºt cº ºn •++ o, ſºon- c.4: or, l & id., Sec. 2, pp.
transfers shall be certified by the assessor [register]. 87,88.
9 Mackey Rep., 547, D. C. vs. Nau.
SEC. 3. All licenses for produce brokers, peddlers, and commercial , Time of , year
agents shall date from the first of April of each year, and expire . .#. li-
on the thirty-first of March following. All licenses for hacks, ***.
carriages, cabs, omnibuses, and street cars shall date from the first Ibid., Sec. 3, p.
of July of each year, and expire on the thirtieth of June following; *
and all other annual licenses shall date from the first of November
of each year, and expire on the thirty-first of October following.
And the license of every person liable for license tax after the first
of April, July, and November, aforesaid, shall date from the first
of the month in which the liability began, and payment shall be
made for a proportionate amount.
SEC. 4. Every person liable for license tax, who may fail to pay ... º. 9.9%
the same beforé engaging in the business for which the license may "****
be required, shall, in addition to the license tax imposed, pay a fine Leg. Assem.,
or penalty of not less than five nor more than fifty dollars for each June 30, 1873, sec.
offense, to be imposed and collected as provided in this act. Com- 4, p. 61.
mercial agents, managers of theatrical performances, exhibitions,
and concerts for gain, (not including exhibitions and concerts given
by or for the benefit of religious or charitable institutions or societies,)
beer gardens, circuses, gift enterprises, and race courses, one-half
to the use of the informer.
SEC. 5. In every case where more than one of the pursuits or occu- Onº person en-
pations hereinafter described shall be pursued or carried on in the sº º º,
same place, by the same person, at the same time, except as herein- i.e i.".
after provided, the tax shall be paid for each according to the rates for each.
severally prescribed.
- 1 Leg. Assem.
Aug. 23, 1871, sec. 5, pp. 88,89.
SEC. 6. Except in the case of commercial agents, peddlers, and Licenses, with
insurance agents, licenses granted by the District of Columbia shall ...”. bºa
only be good for the conducting of business at the location named 3. e goo
º only for location
therein. named.
Ibid., sec. 6, p. 89.
SEC. 7. If any person, resident or non-resident of the District of Penalty for al-
Columbia, who may have obtained license to sell merchandise, shall 9Ying nºnres.
permit any commercial agent, without license as such, to sell under º
his license or to occupy any portion of his premises for the purpose other. &\l.
of offering for sale merchandise under his license, the person so g rer
offending shall be fined not less than one hundred dollars for each ****
Offense, to be imposed and collected as other fines.
*When pro rata of deposit shall be refunded. Sec. 2, act of Leg. Assem. Jan. 19, 1872, p. 52, see
Chapter on Taxes. - *
342
CHAPTER XL.—LICENSE.
Country pro-
duce not to pay.
Ibid., Sec. 8, p.
89. -
June 3, 1892.
27 Stat. L., ch. 87
Keepers of livery
stables and of
wood, coal, and
lumber yards, not
to have license
except by consent
of majority of per-
sons living, or
Owning real es-
tate, in vicinity of
proposed location.
Ibid., sec. 9.
License to sell
liquors by the
drink ; how ob-
tained.
Ibid., sec. 10.
Preceding sec-
tion to include
persons who sell
liquors in mineral
Or Soda water.
SEC. 8. No license shall be required of any person bringing to the
city wood, lumber, building materials, or produce of any kind, to
be sold by the car, cargo, or wagon load, or to persons bringing
marketing to the District, or to regular dealers whose residence may
be beyond the limits of said District.
, p. 41. -
SEC. 9. The keeper of every livery stable, wood, coal, or lumber
yard shall, before engaging in such business, obtain the consent in
writing of a majority of the persons Owning real estate, and a
majority of the residents keeping house on the same side of the .
square on which is the principal front of the stable or yard about to
be built or kept, and the side of the square fronting immediately
Opposite, for him to enter upon and engage in such business, the
assessor [register] to determine which is the principal front ; and
without such permit being first obtained, it shall be unlawful to
grant such license.
SEC. 10. That every place where distilled or fermented liquors
are sold in less quantity than One pint, to be drank On the premises
shall, unless kept by apothecaries, be known as a bar-room, Sample-
room, Or tippling-house as the case may be ; and it shall be the duty
of the proprietor of every such place to present, with his application
for license, the written permission of a majority of the owners of
real estate, and a majority of the residents keeping house on the
same side of the square where it is desired to locate such business,
and the side of the square fronting opposite the same, which per-
mission shall be certified to by the assessor, and such license shall
not be issued until approved by the Board of District Commissioners :
Provided, That the failure of any keeper of a hotel, eating-house,
tavern, or restaurant to obtain license to sell distilled or fermented
liquors in quantity of less than one pint, shall not otherwise affect
Said business of keeping a hotel, eating-house, tavern, or restaurant,
he having a license for the same.*
SEC. 11. Any person selling distilled or fermented liquors or wines
in mineral or soda water, or other like beverage, shall be liable for
the same license and under the same restrictions as provided in the
preceding section. † A
Ibid., sec. 11, p. 90.
Apothecaries
may sell liquors
for medicinal pur-
poses without li-
CellSe.
Oath to be taken
by apothecaries.
Ibid., Sec. 12, p.
().
No authority in
SEC. 12. Every apothecary having a license as such shall be allowed
to sell distilled, fermented, or vinous liquors, for medical purposes
Only, in quantity not to exceed one-half pint at one time to the
same purchaser, without the taking of an additional license there-
for. In addition to other regulations governing the granting of
licenses to apothecaries, which may be imposed by law, regulating
the sale of medicines and poisons, apothecaries shall include in their
affidavits, at the time of making application for license, the words:
“And will not sell, or cause to be sold, any distilled, fermented, or
Vinous liquors, except alcohol, in quantities exceeding half a pint at
any one time to the same purchaser, and then only when deponent
has reason to believe the same will be used for medical purposes.” +
y
SEC. 13. Nothing contained in this act shall authorize any person
this act for dºing to keep his place of business open on Sunday for the sale of any
business on Sun-
day, except Selling
merchandise whatever, except medicines in cases of necessity.
medicines.
Ibid., sec. 13. p. 90.
* Repealed by act of Congress, Mar. 3, 1893, ch. 204, 27 Stat., 563.
'l See act of Congress, Mar. 3, 1893, ch. 204, 27 Stat., 563.
CHAPTER XL.
343
T,ICENSE.
SEC, 14. That on and after the passage of this act no license for
the sale of intoxicating liquor at any place within One mile of the
Soldiers' Home property, in the District of Columbia, shall be
granted. &
SEC. 15. Every undertaker selling coffins, caskets, or burial gases,
not of his own manufacture, shall be liable for license as a dealer.
Mile limit.
Feb. 28, 1891.
26 Stat., 797.
2 Sup.R.S.,900,
Undertakers.
Leg. Assem.,
3.
Aug. 23, 1871, sec. 14, p. 91.
SEC. 16. No person whatsoever shall sell, or expose for sale, at auc-
tion, any property, real or personal, within the District of Colum-
bia, without having first obtained a license as auctioneer. Every
person who may offer to sell at auction any property or merchan-
#. without license, shall be fined not less than one hundred dollars
for each offense. Every licensed auctioneer shall give bond to the
secretary of the District of Columbia in the sum of five thousand
dollars, with two good and sufficient sureties, to be approved by the
Commissioners [Governor, for the honest and due performance of
all duties required by law. Every auctioneer failing to comply with
the provisions of this section, or the laws of the District of Colum-
bia governing such sales, shall, on conviction, forfeit his license and
be fined not less than one hundred dollars. *
SEC. 17. Wherever in this act a license tax is levied on capital
invested, it shall be taken to mean the average capital invested, cash
and credit, during the preceding year ; Or, if the business is just
begun, the actual capital at the time.
SEC. 18. That wherever in this act a tax is imposed semi-annually
on sales or receipts, returns for the same shall be made to the asses-
sor, under oath oath or affirmation, on or before the tenth of Janu-
ary and July of each year, and the same shall be due and payable
to the collector, on or before the thirtieth of said months, and on all
such taxes remaining unpaid after the thirtieth of each month, a
penalty of five percentum shall be added, and it shall be the duty of
the collector to make demand for the payment of the same. For
this purpose said collector is hereby authorized to employ some suit-
able person who shall be entitled to a commission of ten per centum
on the amount collected ; and if unpaid for three months after the
same has become due and payable, the collector shall transmit the
account for the same to the attorney of the District of Columbia,
for collection by due process of law. If, in the opinion of the asses-
sor, the returns required by law are underestimated, he shall have
power to examine, either in person or by deputy, the books and
accounts of the person making such returns; and if he shall find
that the returns made are less in amount than that shown by
said books and accounts, he shall make an assessment for a correct
sum to which he shall add a penalty of twenty-five per centum on
amount of tax due.
SEC. 19. [All carts, wagons, and drays licensed by the District of
Columbia, shall, at the time of receiving the license, be furnished
with a number of the same, legibly painted on tin or some other
suitable material, with the letters “D. C.” and the year, which the
Owner Or agent shall attach to said cart, wagon, or dray in Some con-
spicuous place and In like manner a number shall be furnished,
painted on tin or some other material, in the form of a badge, which
shall be worn conspicuously on the person of the driver of each hack,
Carriage, cab, or other licensed vehicle for the transportation of pas-
Sengers for hire, except street cars, when in Service ; and any person
Offending against this section shall be fined not less than five dollars
for each offense. -
Auctioneers.
Ibid., sec. 15, p.
91.
As amended by
24 Stat., ch. 48, p.
368, Jan. 26, 1887.
Penalty.
What is meant
by “capital invest.
Ibid., sec. 16, p.
91. Ibid., sec. 17.
As amended by
act 1872, ch. 49, p.
1,2 Leg. Assem.
* Real estate agents omitted from above section, by 24 Stat., p. 368.
Hack drivers to
wear badge.
Ibid., sec. 18, b.
92.
Part in brackets
repealed by 19
Stat., 83, ch. 180;
1 Sup. R. S., 227.
344
Chapter xL–LICENSE.
Assessor to keep
list of names of
drivers and their
numbers.
Ibid., sec. 19.
Insurance agents
to obtain license
for each company
they represent.
Proviso.
Ibid., sec. 20.
License tax im-
posed on apothe-
Cºll leS.
Ibid., Sec. 21, pp.
92, 93.
Amended June
20, 1872, p. 62.
SEC. 20. It shall be the duty of the Assessor [register] to keep, in
books prepared for the purpose, a list of the names of all, persons ob-
taining licenses for hacks, carriages, and cabs, and other vehicles for
the transportation of passengers, numbered to correspond with the
number of the license. ... • -
SEC. 21. Every agent for life or fire insurance companies, whose
principal office is beyond the limits of the District of Columbia, shall
obtain a separate license for each company he may be agent for :
Provided, That licensed insurance agents may employ solicitors of
insurance without the payment of an additional license.
SEC, 22. A license tax shall be, and hereby is, imposed as follows,
that is to say :
First. Apothecaries shall pay annually four dollars on each thou-
sand dollars or fractional part thereof of capital invested. Every
person whose business it is to manufacture, compound, and dispense
medicines shall be regarded as an apothecary; but apothecaries shall
not be liable for an additional license for selling other merchandise,
or for the sale of alcohol in any quantity, or for the sale of distilled
or fermented liquors or Wines, for medicinal purposes, in quantities
not exceeding half a pint at One time to the same purchaser.
Auctioneers.
Ibid. -
Amended June
20, 1872, p. 62, by
Leg. Assem.
Commercial
agents.
Ibid.
Amended June
20, 1872, p. 62.
Banks.
Ibid.
As amended by
Leg. Assem. June
20, 1872, p. 62.
Bill-posters.
Proviso.
Ibid.
SEC. 23. Second. Auctioneers shall pay one hundred dollars annu-
ally and Semiannually a tax on gross receipts of one-fourth of one
per centum, except sales made by order or decree of any court ; and
the rates of charges on the sale of real estate at public auction shall
be five per cent. On the first two hundred dollars, two per cent. On
the next one thousand dollars, and One per cent. On all amounts in
excess of that sum. -
SEC, 24. Third. Commercial agents shall pay two hundred dollars
annually. Every person whose business it is, as agent, to offer for
Sale goods, wares, or merchandise by Sample, Catalogue, or other-
wise, shall be regarded as a commercial agent. -
SEC. 25. Fourth. Banks and bankers shall pay annually fifty cents
on each thousand dollars of capital invested. Every incorporated
or other bank, and every person having a place of business, where
credits are opened by the deposit or collection of money or currency,
subject to be paid or remitted upon draft, check or order, or where
money is advanced or loaned on stocks, bonds, bullion, bills of
exchange, or promissory notes, or where stocks bonds, bullion, bills
of exchange, or promissory notes are received for discount or for sale
shall be regarded as a bank or banker: Provided, That savings
banks having no capital stock and whose business is confined to
receiving deposits, and loaning or investing the same, shall pay semi-
annually a tax of one-fortieth of one per centum on the amount of
deposits received during the previous six months; but associations
or companies known as provident institutions, savings banks, savings
funds or savings institutions having no capital stock and doing no
other business than receiving deposits to be loaned or invested for
the sole benefit of the parties making such deposits without profit to
the association or company shall pay annually fifty dollars.
SEC. 26. Fifth. Bill-posters shall pay twenty dollars annually.
Every person whose business it is to post advertising bills or distrib-
ute circulars shall be regarded as a bill-poster : Provided, That no
license shall be required of any dealer who may post or distribute
advertisements of his own business.”
* See Webb’s Digest, p. 46. The washin gton city ordinances in regard to bill posting extended to
the entire District. See 1 Leg. Assem., July 3, 1871, ch. 8, p. 9.
CHAPTER XL. —LICENSE.
345
SEC. 27. Siath. The proprietors of bar-rooms, sample-rooms, and
tippling-houses shall pay one hundred dollars annually. Every place,
except an apothecary store, where distilled or fermented liquors,
wines, or cordials are sold in less quantities than one pint at a time to
the same purchaser, shall be regarded as a bar-room, Sample-room,
Or tippling-house.* w ^
SEC. 28. Seventh. The proprietors of beer gardens shall pay five
dollars per day. Every place known as a pleasure garden or park,
where an admission fee is charged, shall be known as a beer garden.
But no tax shall be required for days when no admission fee is
charged to such garden: Provided, That a license as beer garden
shall not authorize the sale of distilled or fermented liquors, wines,
or cordials.
SEC. 29. Eighth. The proprietors of billiard tables, bagatelle,
Jenny Lind tables, for public hire or gain, and shuffle-boards, shall
pay ten dollars annually for each table or board. -
SEC. 30. Ninth. The proprietors of bowling alleys shall pay
annually for each alley ten dollars.
SEC. 31. Tenth. Brewers shall pay twenty-five dollars annually.
Every person who manufactures fermented liquors of any name or
description for sale from malt, wholly or in part, or from any sub-
stitute therefor, shall be deemed a brewer : Provided, That a license
as brewer shall not authorize the sale of fermented liquors in quan-
tities of less than one pint. .
SEC. 32. Eleventh. Brokers shall pay annually one hundred dol-
lars. Every person whose business it is to negotiate purchases or
sales of stocks, bonds, exchange, bullion, coin, money, bank notes,
promissory notes, or other securities, for himself or others, shall be
regarded as a broker: Provided, That any person having paid a .
license tax as banker shall not be required to pay a license tax as
broker. r
SEC. 33. Twelfth. Commission merchants shall pay forty dollars
annually. Every person except commercial agents, whose business
it is, as agent for others, to negotiate sales or purchases of goods,
wares, or merchandise of any kind whatever, or to negotiate freights
for owners of ships or vessels, or for the shipper, or consignee or
consignees of freight carried by ships or vessels, shall be regarded
as a commission merchant, or to make sales for or to aid any com-
Bar-rooms, Sam-
ple rooms, and
tippling-houses.
‘Ibid. ,
Beer gardens.
Proviso.
Ibid., p. 94.
Billiard tables,
etc.
Ibid., p. 94.
Bowling alleys.
Ibid. TT
Brewers.
Proviso.
Ibid.
Brokers.
Proviso.
Ibid.
Com m is s 1 O n.
merchants.
2 Leg, Assem.
June 20, 1872, p.
O
& s
mercial agent Or dealer by sample, who has not taken out a license
in accordance with this act : Provided, however, That license as
commission merchant shall not be construed to grant the right to
buy and sell goods as dealers, or to allow said merchant, his agent,
Or employee, to buy and sell goods as dealers, or to allow said mer-
chant, his agent, or employee, to solicit orders or offer for sale mer-
chandise of any kind whatever by sample or catalogue Outside of
the Office or store of said commission merchant,
SEC. 34. Thirteenth. Cattle brokers shall pay twenty dollars annu-
ally. Every person whose business it is to buy and sell, for himself or
another, cattle, sheep, hogs, or horses, shall be regarded as a cattle
broker. j.
* Repealed by act of Congress, Mar. 3, 1893, ch. 204; 27 Stat., 563. -
+ Frauds by commission merchants, how punished, 27 Stats. L., ch. 19, p. 10, Mar. 21, 1892.
f See in regard to “horse dealers,” Webb’s Dig., p. 454. For pawnbroker's license, see title “Pawn-
broker's" post,” and 25 Stat., 1006, Mar. 2, 1889. -
Cattle brokers.
Leg. As S em.,
Aug. 23, 1871, p.
95
.346
CHAPTER XL.-LICENSE.
Butchers.
Proviso.
20, 1872,
Assem., p. 63.
bitions, and balls
for gain.
Ibid., p. 95.
Amended June
2 Leg.
Concerts, exhi-
Ibid., p. 95.
Circuses.
Proviso.
Ibid., p. 95
Distillers. -
Ibid.
Dealers in
Proviso.
Proviso.
liq-
uOrs, wines, and
COrdials.
Ibid., p. 96.
Produce cle a l-
el’S.
1 Leg. Assem.,
1 ses., Ch. 69, Aug.
23, 1871, sec. 22,
p. 96; amended 2
Leg. Assem., June
20, 1872, p. 62.
Hacks, cabs,
“omnibuses, etc.
Ibid; a n d
63.
*
|Hotels.
Proviso.
à, S
amended, 2 Leg.
Assem., ch. 49, p.
SEC. 35. Fifteenth. Butchers shall pay annually rental—in North-
ern market, fifty dollars; Western market, twenty dollars; Eastern
market, twenty dollars; Georgetown, twenty dollars, each. Every
person whose business it is to sell meat from market stalls shall be
regarded as a butcher : Provided, That the rental herein imposed
may be revoked at any time by refunding to the party holding it the
amount corresponding to the unexpired portion of the time it is to
run, and shall not operate to prevent the District of Columbia at
any time from disposing of the stand or stall occupied by such party.
SEC. 36. Seventeenth. The managers of concerts, exhibitions, and
balls for gain, not otherwise enumerated, or games of any kind,
where an admission fee is charged, shall pay for each day five dollars.
SEC. 37. Eighteenth. Circuses shall pay two hundred dollars for
each week or part thereof. Every building, tent, space, area, where
feats of horsemanship or acrobatic sports, or theatrical performances
pertaining to or being a part thereof, are exhibited, shall be regarded
as a circus. Exhibitors of wild animals shall pay twenty-five dollars
per week: Provided, That proprietors of circuses, having license as
such, shall not be taxed for license for exhibiting wild animals.
SEC. 38. Nimeteenth. Distillers shall pay fifty dollars. Every per-
son who distills or manufactures spirits shall be deemed a distiller.
SEC. 39. Twenty-first. Dealers in distilled and fermented liquors,
wines, and cordials shall pay annually ten dollars for each thousand
dollars of capital invested: Provided, That no license shall be for a
less sum than twenty-five dollars: And provided further, That this
license shall not authorize any persons to sell any distilled or fer-
mented liquors, wines, or cordials in less quantities than one pint.
SEC. 40. Twenty-second. Produce dealers shall pay annually
twenty-five dollars. Every person whose business it is to buy and
sell produce, fish, meats, or fruits, from wagons or carts, stalls or
stands, shall be regarded as a produce dealer. No additional license
shall be required of a produce dealer for selling meat when the cap-
ital invested is less than one thousand dollars: Provided, That any
person selling produce of his own raising shall not be liable for license
for selling the same. Produce dealers having stands in the several
markets shall pay a license for each; the same selling from Wagons
shall be liable for each. Persons selling fruit, cakes, sweetmeats; Or
other eatables from baskets or stands, whose average capital does
not exceed twenty dollars, shall not be liable for license tax.”
SEC. 41. Twenty-Sia:th. The proprietors of hacks, cabs, Omnibuses .
and other vehicles for transporting passengers, for hire, shall pay
annually as follows: Hacks and carriages, ten dollars; one-horse
cabs, six dollars; omnibuses, ten dollars; street cars drawn by One
horse, three dollars, and by two horses, six dollars; other vehicles
capable of carrying ten passengers or more at One time, ten dollars.
SEC. 42. Twenty-seventh. The proprietors of hotels shall pay,
annually, as follows: Hotels containing twenty rooms or less, suita-
ble for the accommodation of guests, twenty-five dollars; the same,
containing more than twenty rooms, suitable for the accommodation
of guests, one dollar for each room over twenty. Every place where
food and lodging are provided for and furnished to travelers and
sojourners for pay, shall be regarded as a hotel: Provided, That a
Leg. Assem. on hotel license shall not authorize the sale of distilled or fermented
69, Åug. 23, 1871, liquors, wines, or cordials.
p. 97.
* Repealed. See act of Congress June 3, 1892, 27 Stat. L., ch. 87, p. 41.
CHAPTER XL.-LICENSE. . - 347
SEC. 43. Twenty-eighth. Proprietors of intelligence offices, who Intelligence
charge for services, shall pay annually ten dollars. [See § 65 of this chapter.) offices.
Ibid.
SEC. 44. Twenty-ninth. Fire insurancé companies shall pay annu- Fire insurance
ally fifty cents on each thousand dollars of capital invested. Every companies:
company, firm, or corporation whose business it is to grant policies Ibid.
of insurance for buildings of any kind, boats, vessels, and ships, fur-
niture, or merchandise, against loss by fire, shall be regarded as a
fire insurance Company.
SEC. 45. Thirtieth. Life insurance companies shall pay annually Life insurance
fifty cents on each thousand dollars of capital invested. Every companies:
company, firm, or corporation, whose business it is to insure the life Ibid., pp. 97,98.
of any person, or who may agree to pay to the person insured any
sum of money, in case of accident to said person, or who may agree,
on conditions, to pay to the person insured an annuity, shall be
regarded as a life insurance company.
SEC. 46. Thirty-first. Insurance agents shall pay annually fifteen Insurance agents.
dollars, and, in addition Semi-annually a tax of One per centum on
the gross receipts of such agency, whether such receipts are in cash
or notes for the part payment of premium. Every person whose
business it is to act as agent for any life or fire insurance company,
whose principal office is located beyond the District of Columbia,
shall be regarded as insurance agents: Provided, That in case where Proviso.
any person is agent for more than One company, the license tax of
fifteen dollars shall be paid for each company: Provided further, Proviso.
That non-resident insurance agents shall pay two hundred and fifty Tbid., p. 9s, as
dollars annually. Every agent or solicitor of insurance, whose office amended jumé 30,
and residence is beyond the limits of the District of Columbia, shall 1872, p. 68.
be regarded as a non-resident insurance agent. - , Leg. Assem...ch.
... Q& e
SEC. 47. Thirty-second. The proprietors of junk-shops shall pay Junk shops.
forty dollars annually. . Every person whose business it is to keep ſlid. Tº
a store or office for buying and selling old iron, rags, paper, second- &
hand clothing, or like old material, shall be deemed the keeper of a
junk-shop. Dealers in old barrels shall pay a license of ten dollars. *
SEC. 48. Thirty-third. The proprietors of livery stables shall pay Livery stables.
as follows: Not exceeding ten stalls, twenty-five dollars, and two
dollars for each additional stall more than ten. Any person whose
business it is to keep horses for hire, or to keep, board, or feed horses
for others, shall be regarded as a livery-stable keeper : Provided,
That nothing contained in this clause shall be so construed as to -—
exempt livery-stable keepers from procuring additional license for Ibid., p. 98.
running cabs, hacks, Or hackney carriages.
Proviso.
SEC. 49. Thirty-fourth. Proprietors of grounds used for borse- Grounds used
racing or tournaments shall be required to pay a weekly tax of for horse-racing
twenty-five dollars or five dollars per day, when so used. Or tournaments.
- - Ibid.
SEC. 50. Thirty-sia:th. Peddlers shall pay fifty dollars annually. Peddlers; who
Any person who may offer for sale from house to house, or from a is a peddler.
wagon, dry goods, fancy goods, notions, toys, and similar articles, Ibid.
delivered at the time of sale, shall be known as a peddler. Wºnded.
2 Leg. Assem., June 20, 1872, p. 63.
SEC. 51. Thirty-eighth. Real estate agents in the District of Co- Real estate
lumbia shall pay a license-fee of fifty dollars per annum, to be col- *
lected as any other licenses are collected in said District. Every Ibid.
* See act March 3, 1891, 26 Stat. 841.
348
CHAPTER XL. —LICENSE.
Amended.
24 Stat., ch. 48,
p. 368.
2 Sup. R.S., 522.
4 Mackey Rep.,
328, D.C. vs. Wag-
gaman.
Rectifiers.
Ibid.
Amended June
20, 1872.
2 Leg. Assem.,
p. 64.
Restaurants and
eating houses.
Ibid.
* Theaters.
Ibid., pp.99, 100.
Amended.
2 Leg. ASSem.,
June 20, 1872, p.
63. -
Variety theaters.
Proviso.
Proviso.
Ibid., p. 100. .
Contractors.
Ibid.
Book agents.
Proviso.
Ibid.
Illuminating
gaS.
Leg. A SS em.,
special session,
Dec. 21, 1871, ch.
8, p. 12.
Claim agents.
Leg. A SS em.,
Aug. 23, 1871, p.
| ()().
person whose business it is to sell or offer for sale real estate for
others, or to rent houses, stores, other buildings or real estate, or to
collect rents for others, shall be regarded as real estate agents: Pro-
vided, That license as real estate agents shall not authorize any
person to act as auctioneer without license as such.
SEC. 52. Thirty-ninth. Rectifiers shall pay twenty-five dollars
annually. Every person who rectifies, purifies, or refines distilled
spirits or wines by any process, or who, by mixing distilled spirits
or wine with any materials, manufactures any spurious, imitation,
or compound liquors for sale, under the name of whisky, brandy,
gin, rum, wine, “spirits,” or “wine bitters,” or any other name, shall
be regarded as a rectifier. . .
SEC. 53. Fortieth. Proprietors of restaurants and eating-houses
shall pay twenty-five dollars annually. Every place, the business of
which is to provide meals and refreshments, except distilled or fer-
mented liquors, wines, and cordials, for casual visitors, shall be
regarded as a restaurant or eating-house. - - :
SEC. 54. Forty-first. The proprietors of theaters shall pay annu-
ally one hundred dollars: Provided, That license may be granted for
theatrical performances for One week On the payment of twenty
dollars. Every edifice used for the purpose of dramatic, operatic, or
other representations, plays, performances, or burlesques, for admis-
sion to which entrance money is received, but not including hall
rented or occasionally used for concerts or theatrical representations,
shall be regarded as a theater : Provided, That nothing herein con-
tained shall be so construed as to include a license for the sale of
liquors.”
SEC. 55. Forty-second. The proprietors of variety theaters shall
pay five hundred dollars annually. Every hall or building used for
burlesque, dramatic, and operatic representations, or other funny
plays or performances, shall be known as a variety theater, and shall
include also places where liquors are sold, dispensed, or given to
persons in the audience: Provided, That nothing herein contained
shall be so construed as to include a license for the sale of liquors:
Provided further, That a license may be granted for one week on
the payment of twenty-five dollars. - * .
SEC. 56. Forty-third. Contractors, whose gross receipts are in ex-
cess of five thousand a year, shall pay twenty-five dollars annually.
Every person who contracts for building railroads, bridges, ships,
or buildings, or for paving or grading streets or sidewalks, or for
building sewers and other work of a like character, shall be regarded
as a contractor.
SEC. 57. Forty-fourth. Book agents shall pay ten dollars annually.
Every person whose business it is to solicit subscriptions for or
deliver books or maps, shall be regarded as a book agent : Provided,
That only one person shall be authorized to Solicit orders or deliver
books, maps, or engravings under One license. i
SEC. 58. Forty-fifth. Manufacturers of illuminating gas shall pay
an annual tax of five cents on every one hundred dollars of capital
stock : Provided, That the tax hereby required for a license shall
not be construed as exempting any company engaged in the manu-
facture of illuminating gas from such general taxes as may be
assessed upon its capital or other property under existing laws.
SEC. 59. Forty-sia:th. Claim agents shall pay fifteen dollars annu-
ally. Every person whose business it is to prosecute claims before
the executive departments of the General Government or the District
of Columbia shall be regarded as a claim agent.
* For Joint Resolutions with regard to safety in theaters, see 27 Stat., p. 394.
CHAPTER XL-LICENSE. 349
SEC. 60. Forty-seventh. Patent agents shall pay twenty-five dol- Patent agents.
lars annually. Every person whose business it is to procure patents Tibid.
shall be regarded as a patent agent. -
|
SEC, 61. Forty-eighth. Ice dealers shall pay annually four dollars Ice dealers.
on each thousand dollars of capital invested. Every person, firm, -
company, or corporation whose business it is to sell ice, shall be
regarded as ice dealers: Provided, That persons who may sell or Proviso.
peddle ice from house to house, and not acting as the agent or Tild
employé of any person, firm, or corporation, shall not be liable for tº
any license, except on the wagon used for the purpose.
SEC. 62. For the purposes of this act, the word person shall sig- Definitions.
nify and include firms, corporations, or company. Words of one Tibia.s. 5, p.
number shall signify and include words of both numbers, respec- 107. ' 5
tively. Words of one gender shall signify and include words of
every gender, respectively. The word agent shall signify and
include every person acting for another. The word merchandise
shall signify and include every article of commerce, whether sold in
bulk, by sample, catalogue, or otherwise. Dealers shall signify and
include every person engaged in selling or offering for sale by Sam-
ple, catalogue, or otherwise.
SEC. 63. All laws and ordinances of the corporations of Washing- nº #.
ton and Georgetown, and the Levy Court, providing police regular police régulatiº
tions for the several businesses of the citizens of the District of continued in
Columbia, are hereby continued inforce; and all acts and ordinances, force. e
or parts of the same, of the said corporations of Washington and º ep e a ling
Georgetown and the Levy Court and the District of Columbia, incon- ***
sistent with the provisions of this act, are hereby repealed.
ºld, see. 24, p.
SEC. 64. All the penalties or fines imposed or in any manner cre- *...*h. i.
ated by this act or the act of the Legislative Assembly entitled “An .#. º
act imposing a license on trades, business and professions practiced police court.
or carried on in the District of Columbia,” approved August twenty- -, L
three, eighteen hundred and seventy-one, shall be recovered in the Jºe ##.
police court of said District, on information under oath, filed therein 3. p. 64.” • *-* *-* * *
by the Attorney of the District, or his assistant, in the name of the
District of Columbia, and in the same manner as was provided for
in section sixteen of an act of Congress of the United States, entitled
“An act to establish a police court for the District of Columbia,”
approved June seventeen, eighteen hundred and seventy, for the
recovery of fines and penalties for the violation of ordinances of the
late corporations of Washington, Georgetown, and the Levy Court:
Provided, That when any penalty shall be allowed in part to the Informer'sshare
informer, the judgment or finding of the court shall set forth that it º: ºnal. sº
is for the District, and indicate the amount or proportion thereof iºn. -
which shall go to and be for the informer. “s
SEC. 65. Licenses may be granted, in the same manner as licenses Licenses may be
are now granted in Washington city, for one year, unless sooner ºed, intelli-
revoked after notice and cause, to suitable persons, upon payment by * *
them of five dollars each, to keep offices for the purpose of obtain-
ing employment for domestics, servants, or other laborers, except , Penalty, for
Seamen, or of giving information in relation thereto, or of doing the Hºping dº º:
usual business of intelligence offices, and said licenses shall besigned ...e.” "
and the fees therefor received by the same officer or officers as per-
form those offices in the city, of Washington; and no person shall Aºf. A #.
keep such an office without à license, under a penalty not exceeding ji. D gen.
twenty dollars for every day it is so kept. (See § 43 of this chapter.) 3 -> <^* * ~ 5 tº Cº v .
350 - CHAPTER XL. —LICENSE.
Fine to be recov- SEC. 66. The penalty provided in this act may be recovered by
ered by ; complaint before the police court of the District of Columbia, and
º#ºlie said sum to be collected and applied as other fines.
Ibid., sec.2, p. 33.
Hackney car- SEC. 67. Every licensed hackney carriage, or other vehicle for
riages and other hire, shall carry a number in silver figures upon a black ground, on
Yº...” the center of each side of the driver's box; such figurer to be always
to be numbered. - . - - - 5 a “s e
kept exposed and uncovered; and for each and every violation thereof
Penalty. the person so offending shall pay a fine of two dollars, and if the
owner or driver of any hackney coach, or other vehicle used as
aforesaid, shall have a number thereon without having first obtained
a license therefor, he shall be fined in the sum of twenty dollars.
Drivers to wear All drivers, as aforesaid, shall Wear conspicuously on their right
number of license, breast the number of their license, said number to be made of white
- metal on a dark back-ground, and to measure not less than one and
Penalty. . a half inches by two inches, in size, in the shape of a shield. Any
L . . .” - person violating this provision shall be fined five dollars for each and
eg. A S S em. , *V Off
Aug. 23, 1871,sec. every offense.
1, p. 79.
Location of hack- SEC. 68. The location of hack-stands shall be designated by the
stands. Commissioners [Board of Public Works,) as in their opinion the
interests and convenience of the public demand; and whenever any
Position of vehi- hackney coach or other vehicle for the conveyance of passengers for
cle when at stand, hire is upon such stand, it shall be placed lengthwise the street or
- the avenue, at least fifteen feet from the curbstone, and not in con-
Driver to benear. tact with the street crossings, and the driver of Said vehicle shall,
at all times, be in the immediate vicinity thereof, where he can have
full control over his horses, that is to say, within five feet of the
curb-line, and shall not annoy any person by boisterous or riotous
conduct, or create any unnecessary noise or tumult; and that at all
railroad stations, wharves, theaters, and other public places, drivers
of hackney carriages, and other vehicles for hire, º remain upon
their box, or within five feet thereof, and shall take up passengers
Penalty. upon the line assigned to them, under penalty of a fine not exceeding
ten dollars, nor less than one dollar for each and every offense.
And to be quiet.
Ibid., sec.2, p.79.
Vehicles not to SEC, 69. Except as provided for in section four, and the necessary
stand upon º: time consumed in putting down or waiting for a passenger, no hack-
... mey coach or other vehicle, as aforesaid, shall be permitted to stand
provided. - 5 e &
* * * * upon any street or avenue except at the places designated from time.
Ibid., sec. 8, p. 80 to time as hack-stands by the Commissioners [Board of Public
Works.] :
Police to regulate SEC. 70. When more than ten hackney coaches or other vehicles.
... ."... are assembling or assembled together, and a police officer be present,
more than ten are : -
at One place. it shall be the duty of such officer to regulate the manner of the
arrival and departure of the same, and their position while stand-
ing, and the peaceable and quiet demeanor of the drivers thereof;
Penalty fºr ob-, and any driver who shall obstruct the officer in the performance of
** Pºe his duties, or who shall refuse to obey the orders so given by him,
Ibid., sec. 4, p. 80. shall be fined not exceeding ten dollars.
. On public occa- SEC. 71. On all public occasions the owners or drivers of private
#º carriages shall be placed under the same regulations and subject to
to É. regula- the same penalties as the drivers of hackney coaches under the pro-
tions. visions of the preceding section.
Ibid., sec.5, p. 80. - g
Rates of fare or SEC. 72. The rates of fares or charges for the conveyance of passen-
charges. gers from One place to another in the District of Columbia shall not
Between 5 a.m. exceed the following: Any time between the hours of five o’clock
and 12.30 a.m. a. m. and twelve o’clock and thirty minutes a. m., for one or two
CHAPTER XL.-LICENSE. 351.
*
passengers in a one-horse vehicle, excepting buggies and phaetons,
seventy-five cents per hour; and by the trip, that is to say, from one
given point to any other given point within the limits of the District
of Columbia, and not extending into the county, in a one-horse
vehicle, for One or two passengers, seventy-five cents for the trip ;
and from one given point to any other given point within the limits
of Washington exceeding one mile, one dollar, and for each addi-
tional passenger fifty cents; when the distance is one mile or less,
one-half these rates; for One or two passengers from one given point
to any other given point from Washington to or from Georgetown
exceeding One mile, two dollars, and for each additional passenger
fifty cents; when the distance is one mile or less, one-half these
rates. In all cases where a vehicle is not engaged by the hour it
shall be considered as being engaged by the trip. Any time between Between 12.30,
the hours of twelve o’clock and thirty minutes a. m. and five o’clock a.m. and 5 a.m.
a. m., fifty per centum Over the rates before named may be charged
and collected. The fare to any point outside the limits of Washing-
ton and Georgetown, and within the District of Columbia, shall in
all cases, except where an agreement is otherwise made, be by the
hour and any portion thereof, the same as provided for within said -
cities. Each passenger shall be entitled to have conveyed, without . Each passenger-
extra charge, one trunk or other traveling-box or bag : Provided, º have.
That if any passenger or passengers have for conveyance more than Ҽ. -
two trunks or other traveling-box at any time, then for each trunk *
or other traveling-box above the said number of two the driver shall
be entitled to twenty-five cents extra. Each passenger shall also be Small packages.
entitled to have conveyed bandboxes, canes, umbrellas, or such other 9, ſº º ed
small packages as can be conveniently carried within the vehicle 㺠Ult; e X t ra.
wherein the passenger is seated without extra charge. The driver Tijfiver not to.
shall load and unload all luggage, and so forth without any extra charge extra for
charge whatever.” [See § 91 of this chapter.] ºrs or unload-
Ibid., sec. 6,pp. 80,81.
SEC. 73. If any driver or owner of a hackney carriage, cab, or . If driver agree to.
other vehicle for the conveyance of passengers for hire, agrees before- º less than legal
hand to take any sum less than the legal fare, he shall be subjected to ja"..." de-..
a penalty of ten dollars if he demand more than the amount pre- *
--- Penalty.
viously agreed upon. -----------------------. . . . .
Ibid., Sec.7, p.81.
SEC. 74. Any person hiring a vehicle as beforenamed, and who shall Penalty for refus--
refuse to pay thélegal fare for the same, except as provided for in sec- ***P*Y*
tion seven, shall, upon proper evidence, be arrested without warrant Ibid.,sec. 8, p.81.
by any police officer, and be compelled to pay the full amount, -
together with one dollar and fifty cents per hour, or such part
thereof, for all time lost by said driver.
SEC. 75. When a vehicle, as before named, is engaged by the trip, , Yºlº
l th In O' hes his destimation, the driver shall stop, if y º *
and ºne passenger reaches his destination, the quyer shall stop, if if ºuij," i.
required, ten minutes without extra charge, but if beyond that time ten minutes ºf
he shall be entitled to receive the legal fare per hour, counting destination with-
from the expiration of the before-mentioned ten minutes. out extra charge.
- Ibid.,sec.9, p.81.
SEC. 76. Drivers of all vehicles, as before named, shall, when con- Speed.
veying passengers, drive at a reasonable and proper speed, not less Ibid., sec. 10, p.
than five miles an hour, unless in cases of unavoidable delay, or when 82.
required by the hirer to drive slower.
- & * g * Disposition of
SEC. 77. Any property left in any vehicle, as before mentioned, property left in ,
shall be deposited by the driver or owner at police headquarters ...
within four hours after being so left, if not sooner claimed by the
* Regulated by the Police Regulations of the Commissioners.
352 Chapter XL.—LICENSE.
owner, such property to be returned to the person who shall prove
to the satisfaction of the officer in charge at the police headquarters
that the same belongs to him, on payment of all expenses incurred
and of such reasonable sum to the driver as the Officer may award;
but if the driver fail to comply with the before-mentioned conditions,
Penalty. he shall be liable to a fine of twenty-five dollars for each and every
Ibid in ºffense, and to restore the money value of the article or articles sº
se": “" P. left in his vehicle. In default of prompt payment thereof, he shall
* * forfeit his license, and be prosecuted as for any other debt made and
contracted. - -
Vehicle to be en- SEC. 78. When a person engages a hackney coach, cab, or other
gaged by the hour vehicle for the conveyance of passengers for hire, he shall state
º !, ti whether it be by the hour or by the trip; and if by the hour the
Of sº º: time of engagement may be properly noted by the passenger, and
May 5e ºoted on written upon the back of the ticket hereinafter named and described,
ticket, hereinafter and in the event of any supposed imposition on the part of the
described. driver, the passenger may hand the ticket to a police Officer or
º º: deliver it to the officer in charge of any police, station, when the
jºice"; i.e. complainant and the driver complained of shall be summoned to
appealed to. appear before said officer, which officer is hereby authorized and
Ibid., sec. 12, p. empowered to dispose of the case without delay; or that, in a case
82. ' '* where a passenger is about to leave by railroad, stage, or steamboat,
and a dispute arises as to the amount of fare, he will have the right
to call upon any º officer on duty at such place, and the said
police officer shall settle the claim in accordance with this act.
subject to an appeal to the Superintendent of police. -
... Description of SEC. 79. The printed form of ticket which shall be furnished to
tigkei; 2, be fºr each driver, as aforesaid, by the register, at the actual cost of pro-
hº .." ") duction, shall be of paper, and measure five inches long and two
register. te ; : e s “.
inches wide, and shall embrace the words following, to wit, and
such other additional information as may be deemed necessary:
(Number of license in distinct figures.)
“Keep this ticket in case of need.
‘‘ Rates of fare established by law for hacks, cabs, or other vehicle
for hire in the District of Columbia.
Between the hours and | Between the hours
- of 5 a. m. 12.30 of 12.30 a. m.,
&b. II). and 5. a. m.
Fº i.º...”º i. By the hour, 75c. | By the hour, $1 12
8–5 r ~5 º e #
horse vehicle. & By the trip, 75c. By the trip, $1 12
For one or two pas- ) -
sengers, four-seated | By the hour, $1 50 | By the hour, $2 25
vehicle, drawn by
two horses, within ſ By the trip, exceeding
the limits of the city one mile, $1 00
of Washington. J *
By the trip, exceed-
ing One mile, $1 50
And for each additional passenger, fifty
CentS. -
f One mile or less, one-half these rates.
For one or two pas-
!C. T. O’ *-
.* drawn by two
horses, from Wash-
ington to or from
Georgetown.
| By the hour, $2 25
*B th * ...,ed.,,..., | By the trip, ex-
e trip, exceeding tº 2 :
%m. intº 00. s gºs one mile,
And for each additional passenger, fifty
cents.
One mile or less, one-half these rates.
CHAPTER XL.—LICENSE.
353
“In all cases where a vehicle is not engaged by the hour, it shall
be considered as being engaged by the trip. It is expressly under-
stood that in all cases the fare for two passengers, together with the
articles herein provided for to be carried by each, shall be the same
as for one only.
“The fare to any point outside of Washington and Georgetown,
and within the District of Columbia, shall, in all cases, be charged
by the hour, and at the same rate as within these cities, and if the
vehicle is dismissed outside of the cities of Washington and George-
town, a fare of fifty cents additional may be charged. -
“Each passenger is entitled to have conveyed, without extra charge,
One trunk, or other traveling-box or bag.: Providing, There be not
more than two trunks or other traveling-boxes to be conveyed at one
time for the person or persons hiring the conveyance. If there be
more than two trunks, the driver shall be entitled to twenty-five cents
for each additional One. Each passenger shall also be entitled to
have conveyed such other small packages as can be conveniently
carried within the vehicle. . . . . -
} “The driver shall load and unload all baggage without additional
Charge.
“If a passenger claims to be overcharged by a driver, the driver
is compelled to drive the passenger to the nearest police station,
where the officer in charge will immediately decide the case. In
case where a passenger is about to leave by railroad, stage or steam-
boat, the Officer on duty at such place shall promptly settle the claim
in accordance with law.”
On the obverse side of this ticket the following shall appear, to
wit, and such additional matters as may hereafter be deemed neces-
sary for information:
- e * e - O
“The driver must present this to every passenger before or upon PP”
entering his vehicle:
Remarks made by —.
Residing at s , 187—.
If by the hour:
When engaged, - h, – m, - M.
When discharged, - h, – m, - M.
One or two-horse vehicle, –— horse.
If by the trip:
Where from, -—.
Where to, -—.
One or two-horse vehicle, –– horse.
Number of extra pieces.
Trunks. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., a • * * * * * * *
Other parcels. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Offered dollars. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Demanded dollars . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . > *
SEC. 80. If any driver of a hackney carriage, cab, or other vehicle
for the conveyance of passerigers for hire, fails to hand the before-
mentioned ticket to each and every passenger before or upon entering
their vehicle, he shall be liable to a fine of one dollar for each and
every offense. - * * -
SEC. 81. If any driver or owner of a hackney carriage, cab, or
other vehicle for the conveyance of passengers for hire, fails to have
placed in a conspicious place in his vehicle a printed card of not less
than ten inches in length and six inches in breadth, containing the
matter set forth in section thirteen, and signed by the register, he
shall be fined ten dollars for each and every time he conveys a pas-
senger or passengers without displaying the printed card before
named.
Obverse side of
ticket.
Ibid., sec. 13.,
, 83.
Penalty for not
handing ticket to
passenger.
Ibid., Sec. 14, p.
85.
Penalty for not
placing conspicu-
ously in vehicle
card containing
Section 13 of this
act.
Ibid., sec. 15.
23 C S
354 - CHAPTER XL.-LICENSE.
Priyº's 9.9%. , SEC. 82. No owner or driver of a hackney carriage or other vehicle
tº: to for hire, as before named, shall refuse to carry a passenger at the
Noºnd foregoing rates, or demand any greater sum than the rates of fare
more than legal established; nor shall he, when engaged, take up an additional pas-
fare. Senger or passengers without the consent of the person or persons
Not to take up te O'Q.O." ~ *
additional passen- who first engaged him.
gers without con-
sent of first pas-
senger.
Ibid., sec. 16.
.#. º SEC, 83. When any driver of a hackney carriage or other vehicle,
.*** ******* as before named, shall demand an amount in excess of his lawful
* fare, he shall forfeit the whole amount due, and be liable to a fine of
Ibid., Sec. 17. mot Over ten dollars for each and every offense.
**, *, *, SEC. 84. At all ferries, steamboat wharves, and railroad stations
lat hiCl t e • , - - - e
jº... the police shall regulate the position of hackney carriages and other
and railroad stat- vehicles. -
ions. t
Ibid., sec. 18.
Collection of SEC. 85. All fines and penalties under this act shall be collected as
fines. other fines and penalties are collected and applied.
Ibid., sec. 19. & ~~
Policeman to be SEC, 86. The superintendent of police is hereby authorized and
detailed as inspeº requested to detail one of his force, without additional compensa-
tor of hacks. tion, who shall be known as inspector of hacks, and who shall have
power to make arrest, without warrant, for any infringement of this
Powers. act. He shall further have power to condemn for public hire any
vehicle which is unclean, very badly worn, or is in an unsafe condi-
Appeal. tion. An appeal from his decision may be made to the Superintend-
Ibi ent of police, whose decision (which shall be in writing) shall be
id. , Sec. 20. final
Copies of this SEC, 87. For the information of the owners and drivers of hackney
law to be furnish; carriages and other vehicles for hire, as aforesaid, the register shall
i. 9Y**** * cause to be published and distributed free, to the said owners and
T1Wel’S. drivers, copies of this law.
Ibid., sec. 21, p. 86. -
Penalty for two SEC. 88. Any driver of a vehicle, as before named, who shall be
iºns under twice convicted of a violation of the provisions of this law, shall
11S a.C.U. be deprived of his license for six months, and shall not be eligible to
Ibid., sec. 22, drive any vehicle for hire during that time.
Regulations ºn SEC. 89. Any hackney stage or omnibus, the dimensions of which
.** shall be sufficient for the comfortable accommodation and conveyance
- - of six passengers or more, running between the hotels and residences
Ibid., Sec. 3% to or from any railroad station or steamboat landing within the Dis-
trict of Columbia, and not in the county, shall be permitted to charge
twenty-five cents for each passenger, and twenty-five cents for each
trunk and traveling-box. Small valises, traveling-bags, bandboxes,
canes, and umbrellas, which can be taken inside of such vehicles, will
not be liable to extra charge. The driver or owner or owners of hack-
ney stages or Omnibuses shall take out license the same as provided
for hackney coaches, and the register shall supply him or them, at
first cost, with a printed slip of paper, containing the licensed number
of Said omnibus and the main provisions of this section, to be used as
provided for the drivers of hackney coaches in section fourteen of
this act; and so much of section fifteen as relates to the hanging up
of a printed card shall apply to hackney stages and Omnibuses also.
Charter xLL–LIFE ESTATES.
All regulations, penalties, forfeiture, and so forth, in this act, apply-
ing to drivers or owners of hackney carriages or other vehicles for
hire, shall apply to the drivers or owners of hackney stages and Omni-
* ( -
buses.
SEC. 90. Hackney carriages shall be held to mean that every car-
riage or other vehicle owned by proprietors of livery stables, or by hackney carriage.
other persons, and kept for hire, shall be subject to all the provisions
of this act.
SEC. 91. Persons who may drive light vehicles, known as bretts,
cabriolets, handsome cabs, and the like, may receive for transporta-
tion of any passenger within the corporate limits of Washington and
Georgetown twenty-five cents, and from any point within said 'cor-
porate limits and the boundaries of the District, fifty cents.
CHAPTER FORTY-ONE.
LIFE ESTATES,
. Sale of estates of tenants for life
when there are limitations over.
. Same subject, application and proof.
Same subject, parties defendants,
who are.
. Same subject, evidence, how taken.
. Same subject, disposal of proceeds.
. Same subject, procedure when death
of life tenant is believed ; when
guardians, etc., refuse to produce
minor, etc.; party concealed may
be taken for dead, etc.
. Same subject, when minor is beyond
the sea, how viewed. (NOTE.-
Seven years presumption of death.)
S
:;º
7
Sec.
8. Same subject, when infant proved
living, after Order made, reentry
by infants, etc. (NOTE. –Posthu-
mous children.)
9. Same subject, if guardian show effort
made to produce infant and that
infant is living, guardian to con-
tinue in possession.
10. Same subject, guardian, etc., hold-
ing estates after death of life ten-
ant, a trespasser; heir may recover
damages.
SEC. 1. Where real estate is limited by deed or will to one or more
for life or lives, with a contingent limitation over to such issue of one
or more of the tenants for life as shall be living at the death of their
parent or parents, and the deed or will does not prohibit a sale, the
supreme Court of the District may, upon the application of the tenants
for life, and if the court shall be of the opinion that it is expedient D. Q.
to do so, Order a sale of such estate, and decree to the purchaser
al.]]
absolute and complete title in fee-simple. **
SEC. 2. Application for the sale of such real estate shall be by bill
in equity, verified by the oath of the party or parties, in which all proof.
the facts shall be distinctly set forth, upon the existence of which it
is claimed to be expedient that such sale should be decreed; which
facts shall be proven by competent testimony. -
SEC. 3. Such of the issue contemplated by the limitation as shall
be in existence at the time of the application for the sale of the real ant, who are:
estate shall be made parties defendant to the bill, and if minors, by
guardian ad litem, together with all who would take the estate in
case the limitation over should never vest; and such of the parties P. C.
defendant as shall be of the age of fourteen years or more shall
answer in proper person, On Oath.
SEC. 4. And all evidence shall be taken upon notice to the parties
Defin it i on of
Ibid., sec. 24.
Drivers of light
vehic les may
transport passen-
gers, at certain
rates.
Ibid., Sec. 27, p.
S7. - *
Sale of estate of
tenants for life
when there a re
limitations over.
Sec. 969, R. S.
Aug. 18, 1856,
11 Stat., 118, 119,
ch. 163.
Application and
Ibid.
Sec. 97 (), R. S.
D. C.
Parties defend-
Ibid.
Sec. 971, R. S.
and to the guardian ad liten.
Ibid.
Evidence, how
taken.
Sec. 972, R. S. D. C.
$
356
CHAPTER XLI.-LIFE ESTATES.
Disposal of pro-
ceeds.
Ibid.
Sec. 973, R. S.
ID. C.
Terson claiming
estate in remain-
der, etc., after
death of minor,
married woman,
etc., on affidavit,
etc., of belief in
death of such
minor, etc. Court
to cause such
iminor, etc.. to be
produced etc.
When guardian,
, etc., refuses to
produce m in or ,
etc. Party so con-
cealed to be taken
for dead and claim-
ant may enter on
land, etc.
6 Anne, ch. 18,
sec. 1, A. D. 1707.
Alex. Brit. Stat.,
674, 675.
Kilty's Rep., 247.
On affidavit that
Iminor, etc., is be-
yond sea, claim-
ant may send over
persons to view
such minor, etc.
Ibid.,sec.2.
sº
SEC. 5. The proceeds of the sale of such real estate shall be held
under the control and subject to the order of the court, and shall
be vested, under its order and Supervision, upon real and personal
security, or in Government securities; and the same shall, to all
intents and purposes, be deemed real estate and stand in the place
of the real estate from the sale of which such proceeds have arisen,
and, as such real estate, be subject to the limitations of the deed or
Will. - - - |
SEC. 6. Any person or persons who hath or shall have any claim .
or demand in or to any remainder, reversion or expectancy in or to
any estate, after the death of any person within age, married
woman, or any other person whatsoever, upon affidavit made in
the High Court of Chancery, by the persons so claiming such
estate, of his or her title, and that he or she hath cause to believe
that such minor, married Woman, or other person is dead, and that
his or her death is concealed by such guardian, trustee, husband, or
any other person, shall and may Once a year, if the person aggrieved
shall think fit, move the * * * chancellor * * * for the time being, to
order, and they are hereby authorized and required to order such
guardian, trustee, husband, or other person, concealing or suspected
to conceal such person, at such time and place as the said court shall
direct, on personal or other due service of such order, to produce and
show to such person and persons, (not exceeding two) as shall in such
order be named by the party or parties prosecuting such order, such
minor, married Woman, or other persons aforesaid; and if such
guardian, trustee, husband, or such other person, as aforesaid, shall
refuse or neglect to produce or shew Such infant, married woman, or
such other person, on whose life any such estate doth depend,accord-
ing to the directions of the said order, that then the Court of Chancery
is hereby authorized and required to Order such guardian, trustee,
husband, or other person, to produce such minor, married woman,
or other person concealed, in the said Court of Chancery, or other-
wise, before commissioners to be appointed by the said court, at such
time and place as the court shall direct, two of which commissioners
shall be nominated by the party or parties prosecuting such order,
at his, her or their costs and charges; and in case such guardian,
trustee, husband, or other person, shall refuse or neglect to produce
such infant, married woman, or other person so concealed, in the
Court of Chancery, or before such commissioners, whereof return
shall be made by such commissioners, and that return filed [in the
petty-bag-office, in either or any of the said cases, the said minor,
married woman, or such other person SO concealed, shall be taken to be
dead, and it shall be lawful for any person claiming any right, title
or interest in remainder or reversion, or otherwise, after the death
of such infant, married woman, or such other persons so concealed,
as aforesaid, to enter upon such lands, tenements and hereditaments,
as if such infant, married woman, or other person, so concealed, were
actually dead.*
SEC. Y. If it shall appear to the said court by affidavit, that such
minor, married woman, or other persons, for whose life such estate
is holden, is, or lately was at some certain place beyond the seas in
the said affidavit to be mentioned, it shall and may be lawful for the
party or parties prosecuting such Order, as aforesaid, at his, her, or
their costs and charges, to send over One or both the said persons
appointed by the said order, to view such minor, married woman, or
other person, for whose life any such estate is holden; and in case
such guardian, trustee, husband or other person concealing or sus-
pected to conceal such persons, as aforesaid, shall refuse or neglect to
* 36 Mol. *g. 129, Crisfield vs. Storr. The seven years' presumption of death. See 19 Charles II, ch. 6,
sec 1; Alex. Brit. Stat., 499; 7 Mackey Rep., 271, Baden vs. McKenny.
CHAPTER xII.-LIFE ESTATES.
produce or procure to be produced to such person or persons, a per-
sonal view of such infant, married woman or other person, for whose
life any such estate is holden, that then and in such case such per-
son or persons are hereby required to make a true return of such
refusal or neglect to the Court of Chancery, which return shall be
filed [in the petty-bag-Office, and thereupon such minor, married
woman, or other person, for whose life any such estate is holden,
shall be taken to be dead; and it shall be lawful for any person
claiming any right, title or interest, in remainder, reversion or other-
wise, after the death of such infant, married woman, or other per-
son, for whose life ally such estate is holden, to enter upon such
lands, tenements and hereditaments, as if such infant, married
women, or other person, for whose life any such estate is holden,
were actually dead.
SEC. 8. If it shall afterwards appear upon proof, in any action to
be brought, that such infant, married woman, or other person, for
whose life any such estate is holden, were alive at the time of such
order made, that then it shall be lawful for such infant, married
woman, guardian or trustee, or other person having any estate or
interest, determinable upon such life, to re-enter upon the said lands,
tenements or hereditaments, and for such infant, married woman, or
other person, having any estate or interest determinable upon
such life, their executors, administrators or assigns, to maintain an
action against those who, since the said order, received the profits of
such lands, tenements or hereditaments, or their executors or admin-
istrators, and therein to recover full damages for the profits of the
same received, from the time that such infant, married Woman, or
other person, having any estate or interest determinable upon such
life, were ousted of the possession of such lands, tenements or here-
ditaments. * • . -
SEC. 9. If any guardian, trustee, husband or other person Or per-
sons, holding or having any estate Or interest, determinable upon
the life or lives of any other person or persons, shall by affidavit or
otherwise, to the satisfaction of the said Court of Chancery, make
appear, that he, she or they have used his, her, or their utmost endeav-
ors to procure such infant, married woman, or other person or per-
sons, on whose life or lives such estate Orinterest doth depend, to appear
in said Court of Chancery, or elsewhere, according to the Order of the
said court in that behalf made; and that he, she or they cannot pro-
cure or compel such infant, married woman, or other person or per-
sons so to appear, and that such infant, married Woman, or other
person or persons, on whose life or lives such estate or interest doth
j is, are or were living at the time of such return made and
filed, as aforesaid, then it shall be lawful for such person or persons
to continue in the possession of such estate, and receive the rents
and profits thereof for and during the infancy of such infant, and
the life or lives of such married woman, or other person Or persons,
on whose life or lives such estate or interest doth Or shall depend, as
fully as he, she or they might have done if this act had not been
made.
SEC. 10. Every person who, as guardian Or trustee for any infant,
and every husband seized in right of his wife only, and every other
person having any estate determinable upon any life or lives, who
after the determination of such particular estates or interests, with-
If infant be.
proved to be alive,
after order made,
Such infant, etc.,
may reenter upon
lands, etc.
Ibid., sec. 3.
Alex. Brit. Stat.,
676,677.
If guardian, etc.,
show that he en-
deavored to pro-
cure in fant to
appear and that
infant is living,
etc., guardian to
continue in poses-
Sion, etc.
Ibid., sec. 4.
Alex. Brit. Stat.,
677.
Guardian, etc.,
holding estates aft-
er death of minor
an adjudged tres-
passer, etc., heirs,
out the express consent of him, her or them, who are or shall be etc., may recover
next, and immediately entitled, upon and after the determination of
such particular estates or interests, shall hold over and continue in
* Posthumous children take estates as if born in their father's lifetime. See ‘‘DeScents"; 10 and 11
William III, ch. 10; Alex, Brit, Stat., p. 641.
damages.
358
CHAPTER xIII.-LIMITATION OF ACTIONS.
Ibid., sec. 5.
Alex. Brit. Stat.,
677,678.
*
Suits for recov-
ery of land barred
after twenty
years.
Proviso in suc-
ceeding section in
favor of infants
and others.
posesssion of any manors, messuages, lands, tenements Or heredita-
ments, shall be and are hereby adjudged to be trespassers; and
that every person and persons, his, her and their executors and
administrators, who are or shall be entitled to any such manors,
messuages, lands, tenements and hereditaments, upon or after the
determination of Such particular estates Or interests, shall and may
recover in damages against every such person or persons so holding
Over, as aforesaid, and against his, her or their executors Or admin-
istrators, the full value of the profits received during such wrongful
possession, as aforesaid. • * º 3
*-º-º-º-º-º-rºº-ºº ºmºsº-º-º-º-º- -
CHAPTER FORTY-TWO.
LIMITATION OF ACTIONS.
Sec. Sec.
1. Suits for recovery of land barred aft- unless suit be brought within one
er twenty years. Proviso, in suc- year after disability is removed.
ceeding section in favor of infants What is meant by possession un-
and others. Of prosecutions. (See der this section. Proviso as to com-
secs. 1043 to 1048, inclusive, R. S. mencement of possession. (See
U. S.) - note to this section.)
2. Proviso as to suits to recover lands of 6. What actions shall be brought with-
infants, etc. in three years; within one year.
3. When plaintiff may commence new 7. Removal of bar in favor of feme co-
suit within one year, for the re- | vert, persons non compos mentis,
covery of land. etc.
4. When plaintiff barred from renew- || 8. On bill, bond, specialty, judgments,
ing suit in trespass, quare claws- etc., limited to twelve years.
wim fregit, 9. On testamentary bonds, limited to
5. Possession of land for fifteen years twelve years. (See proviso, next
uninterrupted to vest fee simple. Section.) -
Exception, as to claimants dis- 10 Proviso to previous section, in favor
abled from Suing ; and in such case of infants and others.
SEC. 1. That all writs of formedom in descender, formedom in
Temainder, and formedom in reverter, at any time hereafter to be
sued or brought, of, or for any mamors, lands, tenements or heredita-
ments, whereunto any person or persons now hath, or have any
title, or cause to have or pursue any such writ, shall be sued and
taken within twenty years next after the end of this present session
of Parliament : And after the said twenty years expired, no person
Or persons, or any of their heirs, shall have or maintain any such
Writ, of Or for any of the said manors, lands, tenements, or heredita-
ments; (2) and that all writs of formedom in descender, formedom
tº remainder, formedom in reveter, of any manors, lands, tenements,
or other hereditaments whatsoever, at any time hereafter to be sued
or brought by Occasion or means of any title or cause hereafter hap-
pening, Shall be sued and taken within twenty years next after the
title and cause of action first descended or fallen, and at no time
after the said twenty years; (3) and that no person or persons that
now hath any right or title of entry into any manors, lands, tene-
ments, or hereditaments now held from him or them, shall thereinto
enter, but within twenty years next after the end of this present Ses-
Sion of Parliament, or within twenty years next after any other title
of entry accrued ; (4) and that no person or persons shall at any
time hereafter, make any entry into any lands, tenements or here-
ditaments, but within twenty years next after his or their right or
title, which shall hereafter first descend or accrue to the same: and
in default thereof, such persons so not entring. and their heirs,
shall be utterly excluded and disabled from such entry after to be
made ; any former law or statute to the contrary notwithstanding.”
21 James I, ch.
16, sec. 1, A. D.
1623.
Alex. Brit. Stat.,
446,447.
Rilty’s Rep.,237.
3 Mackey Rep.,
569, Keefe vs.
Bramhall; 144 U.
S. Rep., 533, Shar-
on vs. Tucker.
* For limitation of prosecutions, see secs. 1043 to 1048, inclusive, R. S.U. S.
Chapter xiii-LIMITATION OF ACTIONS. 359
SEC. 2. Provided nevertheless, That if any person or persons that Proviso, as to
is or shall be entitled, to such writ or writs, or that, hath or shall ...? .
have such right or title of entry, be, or shall be at the time of the jº. º
said right or title first descended, accfued, come or fallen, within - 5 - -
the age of one and twenty years, feme covert, mom compos mentis, tº * , º:
imprisoned, that then such person and persons, and his and their heir lºsiº “ ” ”
and heirs, shall or may, notwithstanding the said twenty years be Aiéx. Brit. Stat.,
expired, bring his action, or make his entry as he might have done 447,
before this act ; º so as such person and persons, or his or their Kilty's Rep., 337.
heir or heirs, shall within ten years next after his and their full age,
discoverture, coming of Sound mind, enlargement out of prison, or
death, take benefit of, and sue forth the same, and at no time after
the said ten years.
SEC. 3. That if in any the said actions or suits, judgment be given When plaintiff
for the plaintiff, and the same be reversed by error, or a verdict pass ma y Cºmmºnge
for the plaintiff, and upon matter alledged in arrest of judgment, . º i.".
the judgment be given against the plaintiff, that he take nothing by º: of land.
his plaint, writ or bill; that in all such cases the party plaintiff, his -, -
heirs, executors or administrators, as the case shall require, may *** º
commence a new action or suit, from time to time, within a year ič33.” ‘’’ ‘’’ ‘’’
after such judgment reversed, or such judgment given against the Alex. Brit. Stat.
plaintiff, or outlawry reversed, and not after. 448. ,
- Kilty's Rep. , 237.
SEC. 4. That in all actions of trespass, quare clawsum fregit, here- v ninth
g 3. * * * e When plaintiff
after to be brought, wherein the defendant or defendants shall dis- barred from re.
claim in his or their plea, to make any title or claim to the land in newing suit in
which the trespass is by the declaration supposed to be done, and . #. 7" (2
the trespass be by negligence, or involuntary, the defendant Or clausumfredit
defendants shall be admitted to plead a disclaimer, and that the tres- 21 James I, ch.
pass was by negligence or involuntary, and a tender or offer of suf- （see 5, A. D.
ficient amends for such trespass before the action brought, where- ***, as, s
- * f tº e s wº Alex. Brit. Stat.,
upon, or upon Some of them, the plaintiff or plaintiffs shall be 4f ºrg.
enforced to join issue; (2) and if the said issue be found for the Kilty's Rep., 237.
defendant or defendants, or the plaintiff or plaintiffs shall be non-
suited, the plaintiff or plaintiffs shall be clearly barred from the
said action or actions, and all other suits concerning the same.
SEC. 5. That possession of land heretofore or hereafter commenced Fifteen yearsun-
and continued fifteen years without interruption, shall be deemed interrupted posses,
and held to vest the possessor with a fee-simple title therein against ..." of land to vest
gº * º ee simple.
every claimant unless such claimant was, or shall be, at the time the
right to sue first accrued, disabled from suing by infancy, coverture, , Leg; Assem,
or insanity; and in such case the claimant shall be barred from suing ſº 23, 1: #. ch.
unless he sues within one year after the disability or disabilities i. 1; “ ”
existing at the time the right first accrued is or are removed. The E. ept as to
possession intended to be protected by this sectich is actual or con- claimantádisabled
structive, and a bona fide purchaser of land for value in whom the from suing.
title has been or shall be vested by a registered decree or deed, and And in sligh
which has been or shall be assessed to him on the tax books of the tºº
cities of Washington or Georgetown, or county of Washington, as . Tyear after
the case may be, where the land is situated, shall be deemed to have disability is re-
constructive possession from the time of the registration of the moved. .
decree or deed, in the absence of actual possession by an adverse ...Whº...”
claimant, and to make out the aforesaid period the defendant may #. ºn-
add the time of his own possession, actual or constructive, to the e
time of the similar possession of another preceding possessor or
other successive preceding possessors, through whom he claims:
Provided, That no such possession, commenced before the date of Proviso.
this act, and having continued for less than twenty years, shall be a
bar to any suit begun within One year from the passage of this act.”
* It is questionable if the legislative assembly had power to enact this section. .
360 CHAPTER XLII.-LIMITATION OF ACTIONS.
Actions to be SEC. 6. All actions of trespass quare clawswºm fregit, all actions of
5.º.º.º. trespass, detinue, sur-trover, or replevin for taking away goods or
three years; with chaffeis ali actions of t, contract, debt bºok, or unon ti
m one year. chattels, all actions, or account, contract, debt, book, or upon the
case, other than such accounts as concerns the trade or merchandise
s". tº: between merchant and merchant, their factors and servants which
sey, ió. are not residents within this province, all actions of debt for lending,
1. Kilty, 111. or contract without specialty, all actions of debt for arrearages of
19 Wash. Law rent, all actions of assault, menaces, battery, wounding and
Rep., 262, Gºins imprisonment, or any of them, shall be sued or brought by any
º,º jºi person or persons within this province, at any time after the end of
išč, Š.º.º. this present session of assembly, shall be commenced or sued within
Shep herd vs. the time and limitation hereafter expressed, and not after ; that is
Thºmpson; 133 U. to Say, the said actions of account, and the said actions upon the
S. ##". *: case, upon simple contract, book debt, or account, and the said
pººn º, º ... i actions for debt, detinue and replevin for goods and chattels, and
Cases # I 8. 59, the said actions for trespass quare clawsum fregit, within three
Willard vs. Wood, years ensuing the cause of such action, and not after ; and the said.
actions on the case for Words, and actions of trespass of assault,
battery, Wounding and imprisonment, or any of them, within one
year from the time of the cause of such action accruing, and not
after. - .
... Removal of bar SEC. 7. If any person entitled to any the action or actions afore-
º said shall be, at the time of any such cause of action accruing,
mentis, etc. * within the age of One and twenty years, feme-covert, mom compos
- 3. 'mentis, imprisoned [or beyond the seas], that then such person or
Md. act 1715, ch. persons shall be at liberty to bring the said action or actions within
23,sec. 3. '' the respective times before limited, after their coming to, or being
1 Kilty, 111, of, full age, sound memory, at large, [or returned from beyond the
- łº, "aw seas, as other persons having no such impediment might or should
Rep., 707, Picker. have done.”
ing vs. Arrick; Ibid., 9 Mackey Rep., 169; 94 U. S. Rep., 778, Hogan vs. Kurtz.
Twelve years SEC. 8. No bill, bond, judgment, recognizance, statute merchant,
Jiřitation, as to or of the staple, or other specialty whatsoever, except such as shall
hº sº be taken in the name or for the use of our sovereign lord the king,
etc. his heirs and successors, shall be good and pleadable, or admitted in
evidence against any person or persons of this province, after the
º principal debtor and creditor have been both dead twelve years,
Md. at 171% ch: or the debt or thing in action above twelve years standing ; saving
* #. 111 to all persons that shall be under the afore-mentioned impediments
i dorsey, ſi. of infancy, coverture, insanity of mind, imprisonment, or being
22 Wash. Law beyond the sea, the full benefit of all such bills, bonds, judgments,
Rep.;99, Manº vš, recognizances, statutes merchant, or of the staple, or other special-
§: ; º ties, for the space of five years after such impediment removed, any
Č.s.º. thing in this act before mentioned to the contrary notwithstanding.
3 Mackey Rep., 170, Thompson vs. Beveridge ; 1 Cranch Ct. Rep., 149, McDonald vs.
White; 2 Cranch Ct. Rep , 54, Gilpin vs. Plummer; 2 Cranch Ct. Rep., 614, Farm-
ers Bank vs. Melvin; 4 Cranch Ct. Rep., 619, Digges vs. Eliason; 5 Cranch Ct. Rep.,
1 Jackson vs. Bank of U. S.; 4 Gill Rep., 1 Doub vs. Barnes; 4 Gill Rep., 265, War-
field vs. Brewer; 7 Gill and John Rep., 355, Mullikin vs. Duvall; 20 Md. Rep., 305,
Huston vs. Ditto: 35 Möl. Rep., 511, Hagerstown Bank vs. Thomas; 28 Md. Rep., 68,
Hazlehurst vs. Morris; 58 Md. Rep., 110, Weikel vs. Cate; 61 Md. Rep., 426, Lamb-
son vs. Moffett. -
... Yºs SEC. 9. All actions upon administration and testamentary bonds
limitation as to * f * * *e re * -- ~~ te
test a ment a ry shall be commenced within twelve years after the passing of the said
bonds. bonds, and not after.
Md. act 1729, ch. 24, sec. 21. 1 Kilty, 212. 1 Dorsey, 76.
*Words in brackets repealed. See § 466, R. S. D. C.; reenacted 24 Stat., 431, Feb. 28, 1887.
CHAPTER xD.III.-LIMITED PARTNERSHIP. 361
SEC. 10. Nothing in this act shall be construed to bar any person Proviso to pre-
within the age of twenty-One years, feme covert, mom compos mentis, º º .
or imprisoned, [or persons beyond seas, from bringing an action of .tºs.”
actions within six years after their cohning to or being of full age, -
uncovert, sound memory, at large, [or returned from beyond seas, ºº,”, ch.
e is g * 24, sec. 22.
‘e *e re >k &
upon any administration or testamentary bond. 1 Dorsey, 76.
CHAPTER FORTY-THREE.
LIMITED PARTNERSHIP.
Sec. . . Sec.
1. By whom and how formed. * T 18. In suits, who to be defendants, effect
2. May consist of general and special of judgments, executions, etc.
partners; their several and joint | 19. Liability of special partner when his
liabilities and contributions. name is used, with his privity.
3. Limit to number of special partners. 20. General partners to transact busi-
4. Limit to liability of special partners. ness; privileges of special partners.
5. Certificate of partnership, what it 21. Contributions to business of special
shall contain. partner not to be withdrawn, etc.
6. Certificate of partnership to be ac- 22. Special partner to restore payments
knowledged, certified, and re- of interest or profits to him, when.
COrded. 23. Sales, assignments, preferences, etc.,
7. Affidavit of general partner as to when void as against Creditors.
sums contributed by special part- 24. Further liability of special partners
Ilel”. for violation of two preceding sec-
8. When partnership to be deemed tions.
formed. 25. Special partner cannot claim as cred-
9. Liability of all partners for false itor, when. t
Statements. 26. Suits by and against, how brought.
10. Terms of partnership to be published. 27. When special partners appear not
11. Partnership to be general if no terms liable in suits, how judgment is
- are published. entered, liability of plaintiffs to
12. Evidence of publication. special partners.
13. Renewal or continuance of partner- || 28. When special partners may be sued
ship, how effected. after judgment had against gen-
14. Renewed and continued partner- eral partners. &
ships deemed general, when. 29. Judgments in suits under two pre-
15. Alteration of terms to be deemed a ceding sections, how considered
dissolution. S as to partnership.
16. If carried on after alteration, how 30. Dissolution of partnership, when and
deemed. - how effected.
17. Under what name partnership may 31. Liability of general partners to
be conducted. special partners.
SEC. 1. Limited partnerships for the transaction of any mercan- Limited partner-
tile, mechanical, or manufacturing business within the District may ship, how formed.
be formed by two or more persons upon the terms, with the rights Sec. 488, R. S.
and powers, and subject to the conditions and liabilities prescribed D;i. 2, 186
: ~~ 4-l- º Mial. 2, 7.
in this chapter. 14 Stat., 435.
SEC. 2. Such partnership may consist of one or more persons, who General and spe-
shall be called general partners, and who shall be jointly and sever-cial partners.
ally responsible as general partners are by law, and of one or more Sec. 489, R. S.
persons, who shall contribute in actual cash payments a specific sum D. C. -
as capital to the common stock, who shall be called special partners. ºld. Sec. 2, p.
SEC. 3. The number of special partners shall in no partnership Limit to number
exceed six. - of special part-
- Il GTS.
Sec. 490, R. S. D. C. Ibid.
SEC. 4. Special partners are not liable for the debts of the partner- ... Limit to their
ship beyond the fund contributed by them to the capital. liability.
# Sec. 491, R. S. D. C. Ibid.
* Words in brackets repealed; 3 Mackey Rep., 255, Groot vs. Hitz.
362 - CHAPTER XLIII.-LIMITED PARTNERSHIP.
Certificate of SEC. 5. Persons desirous of forming a limited partnership shall
partnership. make and severally sign a certificate, which shall contain—
Sec. 492, R. S. First. The name or firm under which such partnership is to be
D. C. conducted. t -
Ibiºsec. 3, PP. Second. The general nature of the business intended to be trans-
435,436. - **. -
acted. w -
Third. The names of all the general and special partners interested
therein, distinguishing which are general and which are special part-
ners, 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 partiership is to commence, and
the period at which it is to terminate. .
To be acknowl- SEC. 6. The certificate shall be acknowledged by the several per-
º: gºlified, sons signing the same before a notary public or a judge of any court
** in the District, and such acknowledgments shall be made and certi.
Sec. 493, R. S. fied in the same manner as the acknowledgments of deeds of land,
id c. 4 and when so acknowledged and certified shall be filed in the office
as." “” “P 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.
Affidavit of gen- SEC. 7. At the time of filing the original certificate, with the evi-
eral partner. dence of the acknowledgment thereof, as directed in the preceding
sec. 494, R. S. Section, an affidavit of one or more of the general partners shall also
..Q. be filed therewith in the same office, stating that the sums, specified
Ibid., Sec. 5, p. in the certificate to have been contributed by each of the special
436. -- * sfº y” - tº ºf & * -- ~~ a
partners to the common stock, have been actually and in good faith
paid in cash.
When partner; SEC. 8. No such partnership shall be deemed to have been formed
; * * * until a certificate shall have been made, acknowledged, filed, and
OTIll63Cl. recorded, nor until an affidavit shall have been made and filed, as
Sec. 495, R. S. directed by the three preceding sections. *
D. C. Ibid., Sec. 6, p. 436.
Liability for SEC. 9. If any false statement, not the result of accident or mis-
false statements, take, shall be made in the cirtificate or affidavit required by the pre-
Sec. 496, R. S. ceding Sections of this chapter, all the persons interested in the part-
D.C. nership shall be liable for all the engagements of such partnership
Ibid. as general partners. --
Terms of part SEC. 10. The partners shall publish the terms of the partnership,
hºp **P* when registered, three times a week for at least four weeks, immedi.
e ately after such registry, in two newspapers to be designated by the .
Sec. 497, R. S. clerk of the supreme court of the District, the first publication to
. C. : appear within one week after registry. -
2 Mar., 1867, ch. *
161, sec. 7, v. 14, p. 436. - *
Otherwise part- SEC 11. If the publication prescribed in the preceding section be
ºp to * * not made, the partnership shall be deemed general.
Sec. 498, R. S. D. C. Ibid.
Affidavit of pub- SEC. 12. The affidavits of the publication of the notice required by
lication. section four hundred and ninety-seven, by the editors or publishers of
Sec. 499, R. S. the mewspapers in which the same shall have been published, shall be
D.C. filed with the clerk directing the same, and shall be prima-facie evi-
Ibid. dence of the facts therein contained; the affidavit of any one editor
or publisher of each newspaper being sufficient.
Renewal or con-
tinuance SEC. 13. Every renewal or continuance of a partnership beyond the
r C e
time originally fixed for its duration shall be certified, acknowledged,
Sec. 500, R. S. and recorded, and an affidavit of a general partner be made and filed,
t and notice be given in the manner required by the provisions of this
chapter for its original formation.
Ibid., Sec. 8, p.
436.
CHAPTER XLIII.-LIMITED PARTNERSHIP. 363
nership. ,
*
#
SEC. 14. Every partnership which shall be renewed and continued When renewed
otherwise as provided in this chapter shall be deemed a general part-º deemed gen-
Sec. 501, R. S. D. C. Ibid.
SEC. 15. Every alteration which shall be made in the names of the . Alteration of
partners, in the nature of the business, or in the capital or shares * I' º 㺠º
thereof, or in any other matter specified in the original certificate, ºne. 2, CilSSOHUL-
shall be deemed a dissolution of the partnership. - – *.
- Sec. 502, R. S.
- D. C. Ibid., sec. 9, p. 436.
SEC. 16. Every partnership which shall in any manner be carried . If carried on af-
on after any such alteration shall have been made shall be deemed ter alteration.
a general partnership, unless renewed as a special partnership, under sec. 503. R. S.
the provisions of section five hundred. D. C.
Ibid.
SEC. 17. The business of the partnership may be conducted under . How partner-
the name of any one or more of the general partners, and with or ship bºinºs may
without the addition of the word Co., or company, as the parties Pºº".
may determine. Sec. 504, R. S.
D. C. Ibid., Sec. 10, pp. 436,437.
SEC. 18. In any action or suit brought on any contract or engage- . In suits who to
ment of the partnership, or to enforce any liability of the same, the be defendants.
general partners whose names shall be used in the firm or business Sec. 505, R. S.
shall be the only necessary defendants; and any judgment or decree D.C.
recovered against such defendant shall have the same legal effect Ibid.
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. 19. If the name of any special partner shall be used in the When name of
firinn wri ; c. ***** cri As $ * * * tº * * • a special partner
fil m With his privity, he shall be deemed a general partner. used, liability.
Sec. 506, R. S. D. C.
SEC. 20. The general partners only shall transact the business, and . General partners
if a special partner shalſ interfere, contrary to this provision, he shall . transact the
be deemed a general partner, but he may from time to time examine *
into the state and progress of the partnership concerns and advise . Sec. 507, R. S.
as to their management. Pº -
- id., Sec. 11, p.
437.
SEC. 21. No part of the sum which any special partner shall have Interest and
contributed to the capital stock shall be withdrawn by him or paid Profits.
or transferred to him in the shape of dividends, profits, or otherwise, Sec. 50s, R. S.
during the continuance of the partnership, but any partner may D.C. -
annually receive lawful interest on the sum so contributed by him ,sſbid., sec. 13, p.
if the payment of such interest shall not reduce the original amount *
of such capital; and if, after payment of such interest, any profits
º remain to be divided, he may also receive his portion of such
profits. • . •
SEC. 22. If it shall appear that, by the payment of interest or , When capital re-
profits to any special partner, the original capital has been reduced º.º.º.d by pay,
the partner receiving the same shall be bound to restore the amount º, to special
necessary to make good his share of capital, with interest, on being e - - -
notified thereof. Sec. 509, R. S.
D.C. 2 Mar., 1867, ch. 161, sec. 13, v. 14, p. 437.
SEC. 23. Every sale, assignment, or transfer of any property or Sales, assign-
effects of a partnership, or of any general partner, made by such ... º prefer-
partnership or general partner when insolvent or in contemplation * * *
of insolvency, or after or in contemplation of the insolvency of any Sec. 510, R. S.
general partner, with the intent of giving a preference to any cred- D. C.
\ g
*
364 CHAPTER x III.-LIMITED PARTNERSHIP.
Ibid., sec. 14, p. itor of such partnership or insolvent partner, and every judgment
437. 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.
Further liability SEC. 24. Every special partner who shall violate any of the pro-
of special Partners visions of the two preceding Sections, or who shall concur in or
Sec. 511, R. S. assent to any such violation by the partnership or by any individual
. C. partner, shall be liable as a general partner.
Ibid., Sec. 15, p. 437.
D
Special, partner SEC, 25. In case of the insolvency or bankruptcy of a partnership
not to claim as - ial rtner shall der ar air, t S. b ]] l tº
...a...'...i.” no special partner snail, under any circumstances, be allowed to
“ claim as a creditor until the claims of all the other creditors of the
Sec. 512, R. S. partnership shall be satisfied. [See R. S. U.S., $5121.] .
D.C. Ibid., sec. 16, p. 437. -
Suits; how SEC. 26. All suits respecting the business of the partnership shall
brought. be brought by and against the general partners only, subject to the
see 513, R, s provisions of section five hundred and five, except in those cases in
..C. * which provision is made in this chapter, that special partners shall
Ibid., sec. 17, p. be deemed general partners and special partnerships general part-
437. nerships, in which cases all persons so becoming general partners
may be joined with those Originally general partners in any suit
brought against such partnerships.
When special SEC. 27. If, in any case or suit brought against general and special
H.". *P P9°* partners, it shall appear at the trial of the case that the special part-
not liable. mers or any one of them are not liable to the Writ of the plaintiff,
Sec. 514, R. S. the court may proceed to judgment or decree against the partners
C who may appear to be liable, in the same manner as if such partners
were the only parties defendant to the writ, excepting that the part-
mers who may be deemed not liable shall recover their legal costs
against the plaintiffs.
Ibid.,sec. 18, pp.
437,438. -
When special SEC. 28. If, in any case or suit brought against general and spe-
º ºte º cial partners, the creditor shall recover a judgment or obtain a
bie, * decree against general partners only, and shall afterward discover
- - ſº that special partners, or some one or more of them, have become
Sec. 51% R. S. liable as general partners, he may bring a new suit against such
”;a special partner or partners.
Judgments. SEC. 29. In the suits mentioned in the two preceding sections the
sº. Fig. R. S. judgment recovered shall be prima-facie evidence of the amount due
D.C. . ." by the partnership, and the partnership debt shall not be merged in .
Ibid. any judgment or decree recovered or obtained against any partner
or partners, as against any other partner or partners.
Dissolution of SEC. 30. No dissolution of such partnership by act of the partners
partnership. shall take place previous to the time specified in the certificate of
Sec. 517, R. S. its formation, or in the certificate of its renewal, unless in conse-
D. C. quence of the death of one of the partners, or insolvency of the
Ibid., Sec. 19, P. partnership, or of one of the general partners, nor until a notice of
438. such dissolution shall have been filed and recorded in the office of
the clerk of the Supreme Court of the District, and published once
a week for four weeks in two newspapers, to be designated by the
clerk, which publication may be proved by affidavit, and recorded
as hereinbefore prescribed for the publication of the certificate for
the formation of such partnership.
Liability of gen- SEC. 31. The general partners shall be liable to account to each
eral partners. other and to the special partners for the management of the concern,
Sec. 518, R. S. both in law and equity.
D. C. Ibid., Sec. 20, p. 438.
CHAPTER XLIV.—MANDAMUS. 365
&
CHAPTER FORTY-FOUR.
MANDAMIUS,
Sec, Sec. -
1. Returns shall be made to first writ. 4. Time may be granted for return and
2. After return made, proceedings reg- pleading.
ulated. 5. Statutes of jeofail in nature of quo
3. When damages recovered, no further warranto applied to mandamus.
! --
action can be brought. -
SEC. 1. That from and after the first day of Trinity term in the Returns shall be
year of Our Lord one thousand seven hundred and eleven, where any made tº the first
writ of mandamus shall issue out of the Court of Queen's Bench, . * *
the Courts of Sessions of Counties Palatine, or out of any the Courts *
of Grand Sessions in Wales, in any of the cases aforesaid, such per- 9 Anne, ch. 20,
son or persons, who by the laws of this realm are required to make seg, 1, A. D. 1710.
a return to such writ of mandamus, shall make his or their return ºrit. Stat.,
to the first writ of mandamus. - Kiity's Rep.,248.
8 Mackey Rep. , 99 U. S., etc., vs. Douglass; 5 Mackey Rep., 389, Strassburger vs.
Commissioners; 6 Mackey Rep., 409, U.S. vs. Commissioners; 22 Wash. Law. Rep.,
111, U. S., etc., vs. Seymour.
-*
SEC. 2. And be it further enacted by the authority aforesaid, That After return
from and after the said first day of Trinity term, as often as in any made, prºceedings
of the cases aforesaid, any writ of mandamus shall issue out of any ”.
of the said courts, and a return shall be made thereunto, it shall and Alex. Brit. Stat.,
may be lawful to and for the person or persons suing or prosecuting P.9% Q
such writ of mandamus, to plead to, or traverse all or any the material #. º 48
facts contained within the said return: to which the person or per- y’s Rep.,245.
Sons making such return shall reply, take issue, or demur; and such
further proceedings, and in Such manner shall be had therein, for
the determination thereof, as might have been had if the person or
persons suing such writ had brought his or their action on the case -
for a false return; and if any issue shall be joined on such proceed-
ings, the person or persons suing such Writ shall and may try the
same in such place as an issue joined in such action on the case
should or might have been tried; and in case a verdict shall be found
for the person or persons suing such Writ, or judgment given for
him or them upon a demurrer, or by nil dicit, or for want of a rep-
lication or other pleading, he or they shall recover his or their dam-
ages and costs, in such manner as he or they might have done in
such action on the case as aforesaid; such costs and damages to be
levied by capias ad satisfaciemdum, fieri facias, or elegit; and a per-
emptory writ of mandamus shall be granted without delay, for him
or them for whom judgment shall be given, as might have been, if
such return had been adjudged insufficient; and in case judgment
shall be given for the person or persons, making such return to such
writ, he or they shall recover his or their costs of suit, to be levied
in manner aforesaid. -
SEC. 3. Provided always, That if any damages shall be recovered . When damages
by virtue of this act against any such person or persons making such ãº.
return to such writ, as aforesaid, he or they shall not be liable to ju.
be sued in any other action or suit for the making such return; any e
law, usage or custom to the contrary thereof in any wise notwith-, *.*.*.
* ; -- ~~ p. 694.
standing e Ibid., sec. 3.
Kilty's Rep., 248.
366 - CHAPTER XLV.-MECHANICS LIENS.
Time may be SEC. 4. And be it further enacted and declared by the authority
sº ; * aforesaid, That it shall, and may be lawful, to and for the said
and pleading. courts respectively, to allow to such person or persons respectively,
Alex. Brit. Stat., to whom any writ of mandamus shall be directed, or against whom
694,695. any information, in the nature of a quo warranto, in any of the cases
Ibid., Sec. 6. aforesaid, shall be sued or prosecuted, or to the person or persons
who shall sue or prosecute the same, such convenient time respec-
tively, to make a return, plead, reply, rejoin or demur, as to the said
courts respectively shall seem just and reasonable; any thing herein
contained to the contrary thereof in any wise notwithstanding.
Statutes of jeo: SEC. 5. That after the said first day of Trinity term, an act made
i. i.e. ºf in the fourth year of her majesty's reign, [intituled An act for the
§.”.. amendment of the law, and the better advancement of justice, and
plied to mainda- gº - &
ImllS. all the statutes of jeofayles, shall be extended to all writs of man-
Ibid.,sec. 7, damus and information, in nature of quo warranto, and proceedings
...tv 3 C. ſ.
thereon, for any the matters in this act mentioned.
CHAPTER FORTY-FIVE.
MECHANICS' LIENS.
t Sec. Sec.
1. Who may have extent of lien. 9. Extent of lien outside of Washington
2. Notice must be filed in clerk's office and Georgetown.
and recorded. 10. Satisfaction, when to be entered ; for-
3. Priority of liens; exceptions. feiture.
4. When lien to have priority; extent 11. Discharge of lien ; application for
Of. charge.
5. Proceedings to enforce lien ; service | 12. Liens, etc., on lot, wharf, etc.
of summons ; decree of sale, when; 13. Liens on personal property.
distribution of proceeds; judg- || 14. Repeal provisions. *
ments ; interest. 15. When liens expire unless a c ti on
6. Decree of court in case of more than brought. -
one building, etc.; joint claimānts. 16. When owner held responsible for
7. Time of commencing suit ; right of claims against contractor, etc., and
parties to be heard. . same be recovered by action.
8. Consolidation of actions. . 17. Amount recovered may be a set-off.
Who may have SEC. 1. Every building hereafter erected or repaired by the owner
** or his agent in the District of Columbia, and the lot or lots of ground
July, 2,1884. of the owner upon which the same is being erected or repaired, shall
23 Stat., 64. be subject to a lien in favor of the contractor, Subcontractor, mate-
**P* * * rial-mân, journeyman, and laborer, respectively, for the payment for
work or materials contracted for or furnished for or about the erec-
tion, construction, or repairing of Such building, and also for any
engine, machinery, or other thing placed in said building or con-
nected therewith so as to be a fixture : Provided, That the person
claiming the lien shall file the notice prescribed in the second section
Lien not to ex- of this act : Provided further, That the said lien shall not exceed or
ceed amount of be enforced for a greater sum than the amount of the Original con-
original contract. tract for the erection or repair of said building or buildings.”
1 Appeal Cases, D. C. 36 Lefler vs. Forsberg; Ibid., 378, Brown vs. Waring ;
76 Md. Rep., 337, Md. Brick Co. vs. Spilman. 20 Wash, Law Rep., 40, Wheelan
vs. Young; 7 Mackey Rep., 197, Monroe vs. Hannan; 3 MacA. Rep., 189, Burn vs.
Whittlesey.
Notice must be SEC. 2. Any person wishing to avail himself of the provisions of
filed in clerk's 4-1, 5 . • kn; c º re g
office by claimant this act, whether his claim be due or not, shall file in the office of
...” the clerk of the supreme court of the District of Columbia, during
the construction or within three months after the completion of such
Ibid., sec. 2.
* By Sec. 692, R. S. D. C., any person may have a lien, etc., when the amount exceeds $20.
Chapter xiv.–MECHANICS LIENS. 367
building or repairs, or the placing therein or adjacent thereto of -
- ſº g - 5. - g & * > - 6 Mackey 5 289 y
any engine, machinery, or other thing as aforesaid, a notice of his s p aidi à gº.
intention to hold a lien upon the property declared by this act liable Dodge; 2 MacA.
to such lien for the amount due or to become due to him, specifically Repººl, Smith
setting forth the amount claimed. The clerk aforesaid shall file and º.º.oniº
re - r a . ſº - re a MacA. Rep., 184,
record such notice in a book provided for that purpose. M C L e a n vs.
Young; 3 Mac.A. Rep., 273, Basshor vs. Kilbourn; 1 Appeal Cases, D.C., 378, Brown
vs. Waring. - . g
SEC. 3. The lien hereby given shall be preferred to all judgments, Priority of liens;
mortgages, deeds of trust, liens, and incumbrances which attach exceptions.
upon the said building or the ground aforesaid subsequent to the Ibid., sec. 3.
commencement of work on said building ; and all incumbrances and
liens (other than those which attached thereto prior to the commence-
ment of said building or repairs) which by the laws of this District
are required to be recorded shall be postponed to said liens unless
recorded prior to the commencement of such building or repairs.
SEC. 4. When an owner of lands contracts with a builder for the When lien to
sale of lots and the erection of buildings thereon, and agrees to have priority; ex-
advance moneys toward the erection of such buildings, the lien here- **
inbefore authorized shall have priority to all advances made after Ibid., sec. 4.
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 build-
ing or the 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.
SEC. 5. The proceedings to enforce the lien created by this, act Proceedings in
shall be by bill in equity, which shall contain a brief statement of the action.
contract on which the claim is founded, the amount due thereon, the
time when the notice was filed with the clerk as aforesaid, in case such service of sum-
notice is required by this act, the time when the building was com- mons.
pleted, with a description of the premises, and any other material Decree of sale,
facts; and all persons who are interested in the premises, so far as whº, ibuti
they are known, shall be made parties complainants or defendants; or º º
and said bill shall pray that the premises may be sold and the pro- º: intº g
ceeds of the sale applied to the discharge of the lien. The summons
shall be served as in other cases in equity. If judgment be rendered
for the complainant, the court shall decree the sale of Said land and
premises, and shall declare the proper distribution of the fund
arising from such sale ; and if upon sale the proceeds be insufficient
to pay all liens under this act, they shallstand as a judgment against
the party who incurred the debt, if he be made or become a party to
the suit, but not otherwise ; and such judgment shall bear interest,
and have the same force and effect, and be enforced in the same
manner as in cases of judgment at law.
Ibid., sec. 5.
SEC. 6. In the case of labor done or materials furnished for the Decree of court
erection or repair of two or more buildings joined together and in case of more.
owned by the same person or persons, it shall not be necessary to than one building,
determine the amount of work done or materials furnished for each etc.
particular building, but only the aggregate amount upon all the 76 Md. Rep.,
buildings so joined; and the decree of the court shall pass against 337, Md., Brick
all the buildings, and the land on which they are erected, as one 99 ° SP”
building, but they may be sold separately if the court so decree. If
/
368 CHAPTER XLV. —MECHANICS’ LEENS.
Joint claimants. a joint claim be filed, and the proof shows a separate right of action,
Ibid., sec. 6. T it shall not defeat the claim, but the court may require the pleadings
y to be amended, if necessary, upon such terms as it shall prescribe,
and proceed to adjudicate the rights of the parties as to law and
justice shall appertain.
Time of.com. SEC. 7. Any person entitled to alien under this act may commence
º *te, his suit to enforce the same at any time within one year, from and
to...” after filing the notice aforesaid or the completion of said building or
to suit to be heard, e S & * e * r † 85
..etc. repairs, but no final adjudication shall be had until all persons who
mi. H.- shall become interested in the building subject to such lien under
iſ Appeal 'Cases, the provisions of this act shall have an opportunity to be heard in
43. Lefterºs. Fors’ said suit, providing such interest was vested at the time Said suit
berg. was brought, or be acquired within three months thereafter, and
such persons shall intervene in Said suit within said term of three
months.
Consolidation of SEC. 8. All or any number of persons having liens on the same
*ions building pursuant to the provisions of this act may join in one suit,
Ibid., sec. 8. but their respective claims may be stated distinctly in separate par-
agraphs, and the judgment shall show the amount to which they are
respectively entitled. If several suits shall be brought by different
claimants, and be pending at the same time, the court may order
them to be consolidated. - -
Extent of lien SEC. 9. If said building be on any land lying Outside the cities of
outside º Washi Washington and Georgetown, and there is any contest astothe dimen-
lºan. ** sidms of the ground claimed to be subjected to the lien declared by
e this act, it shall be the duty of the court to issue an order to the sur-
Ibid., sec. 9. veyor of said district, or some other surveyor, to examine the said build-
ing, or the place at which said building is being or has been erected or
repaired, and to make a report to the court, in which he shall suffi-
ciently designate and describe by metes and bounds, and by a draught
if necessary, the limits and extent of ground; and if approved by
the court such report shall be conclusive upon all parties concerned;
and the land so designated in such report shall, together with said
buildings, be subjected to and charged with said lien.
Satisfaction to SEC. 10. Whenever any person having a lien by virtue of the pro-
}..." When; visions of this act shall have received satisfaction for his claim and
Torreiture. the cost of his proceedings therein, he shall, upon the request of any
Ibid., sec. 10, person interested, and upon the payment or tender of the costs of
- entering satisfaction, within two days after such payment or tender,
enter satisfaction of his demand in the office of the clerk aforesaid;
and upon failure to do so he shall forfeit fifty dollars to the party
aggrieved, and all damages which he may have sustained by reason
of such failure or neglect. -
How ten may SEC. 11. In all proceedings under this act the defendant may file
be discharged 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 rendered
against all persons so undertaking, and thereby release his property
from the lien hereby created. No such undertaking shall be approved
by the court until the complainants shall have had at least two days'
Notice of appli- notice of the defendant's intention to apply to the court therefor,
... ?,*... which notice shall give the names and residences of the persons
charge of lien: to be offered as Sureties, and the time when the motion for such
terms of. approval will be made; and such sureties shall make oath, if required,
nºid...I.T. that they are worth, over and above all debts and liabilities, double
’’’ ‘’’ the amount of said lien. The complainants, or any of them, may
appear in open court and make their objection to such approval, or
CHAPTER xLv.—MECHANICS’ LIENS. 369
file in the office of the clerk of the court their or his objections in
writing to such approval. If such undertaking be approved before
the filing of the aforesaid bill in equity, to enforce said lien, the said
sureties shall be made parties thereto; and if after the filing of said
bill, said Sureties, upon the approval of said undertaking, shall ipso
facto become parties thereto; and in either case the decree of the
court shall run against them as well as the principal on such under-
taking.
SEC. 12. Any person. Or persons who shall furnish, at the request Liens, etc., on
of the owner or his agent, materials to do any work on or labor in lot, wharf, etc.
filling up any lot, or in erecting or constructing any wharf or other Ibid...sec. 13.T
permanent fixtures thereon, or in dredging out the channel in front
of any wharf, under contract with the owner or his agent, shall be
entitled to enforce a lien therefor upon the lots or wharves.
SEC. 13. Any mechanic Or artisan who shall make, alter, or repair Liens upon per-
any article of personal property, at the request of the owner, shall sonal property,
have a lien thereon for his just and reasonable charges for his work Tibid...sec. 13.
done and materials furnished, and he may retain the same in his 5
possession until such charges shall be paid : [but if possession pass
from such person by his consent the lien shall cease, part of sec. 711,
R. S. D. C.] and if not paid at the end of six months after the work
is done, he may proceed to sell the property at public auction, by giv-
ing notice Once a week for three consecutive weeks in some daily
newspaper published in the District of Columbia; and the proceeds
of such sale shall be applied first in the discharge of such lien and
the expense of selling such property, and the remainder, if any, shall
be º Over to the owner thereof.
SEC. 14. So much and such parts of chapter twenty of the Revised . Repeal provi-
Statutes relating to the District of Columbia, and all other acts and *.
parts of acts inconsistent with the provisions of this act, be, and the Ibid., sec. 14.
same are hereby, repealed; and this act shall take effect from the
date of its passage. - -
SEC. 15. The lien shall cease to exist at the expiration of one year When liens ex-
after the completion of the building or repairs, unless, before that pire unless action
time, an action to enforce the same shall have been commenced in * - --
the Supreme court of the District by the person having such lien Sec. 696, R.S. D.
against the owner with whom or with whose agent the contract was Q, Feb.2, 1859, 11
made, unless such claim be not due at the expiration of one year sº 376. l Cas
after such completion, in which case the action shall be commenced D.C. º:
within three months after the same shall have become due. Forsberg.
. [See § 808, R. S. D. C.] .
SEC. 16. Any sub-contractor, journeyman, or laborer employed in When owner
the construction or repair of any building, or in furnishing any held respºnsible
materials or machinery for the same, may give, at any time, the ºº
owner thereof notice in writing, particularly setting forth the j
amount of his claim and the service rendered, for which his ered by action.
employer is indebted to him, and that he holds the owner responsi- sec.709, R.S.D.
ble, and the owner of the building shall be liable for the claim, but C. is: 6, 1870.16
not to exceed the amount due from him to the employer at the time stafiig, Ch. 89,
Of notice, or subsequently, which may be recovered in an action. Sec. 1.
SEC. 17. Whenever any sub-contractor, journeyman, or laborer Amount recov-
shall recover any such claim from the owner of the building, the eled may be a set
same may be set off by the owner in any action brought against him *
by the person who otherwise would be entitled to recover the same Sec. 710, R. S.
under the contract. * * * > . D. C.
Ibid., Sec. 2.
24 C S
370
CHAPTER xlvi.-METROPOLITAN POLICE.
CHAPTER FORTY-SIX.
METROPOLITAN POLICE.
. Establishment of metropolitan police
district.
Board of police abolished and their
powers wested in Commissioners of
the District of Columbia.
. Public squares and places subject to
rules and regulations of Commis-
sioners for police purposes.
. General powers conferred upon Com-
missioners.
. Duties of the Commissioners.
. Jurisdiction.
. Rules and regulations to be made by
Commissioners.
. Annual report of Commissioners to
Attorney-General.
. Increase of force ; promotions.
. Appointment of additional police.
. Appointment of police : their tenure
Of Office.
2. Qualifications, duties, trials, etc.; how
prescribed.
. Major of police ; his authority.
. Major of police, to be respected and
obeyed.
. Regulations and orders of Commis-
sioners; how promulgated.
. Major of police to make quarterly
report, etc.
. Captain of police, duties of.
. Clerk in the office of major, in
charge of Sanitary records.
. Surgeons of police, appointment and
pay.
. Major and lieutenants to give secu-
rity.
. Oath of office.
2. Commissioners of the District of
Columbia, and major of police to
have powers of notaries public and
justices of the peace
. Privileges and exemptions of police.
. Members of police force not to resign
without notice, etc.
. Nor receive presents, fees, etc., with-
Out consent, etc.
. When rewards or presents may be
retained.
. Disposition of rewards, etc.
. Penalty for receiving rewards, etc.,
without notice to Commissioners.
. Disposal of rewards, fines, etc.
. Policeman’s fund.
. Additional police relief fund.
. Who may be benefited by the fund.
. Uniforms. y
. Detective force abolished.
. Detail of men from police for service
as detectives; pay, etc.
. Commissioners to fix pay of police.
. All new appointments to class one.
. Precincts.
. Stations and substations.
. Station-houses to be provided, etc.
Sec.
41.
42.
43.
44.
45.
46.
Members of the force shall reside
within the metropolitan police
district.
Details for duty.
Special privates ; how appointed and
paid.
Special officers, powers and duties of.
Special officers; how removed.
Special privates without pay, etc.
. Special privates, powers, duty,
badge.
. United States watchmen to have
same duties and powers as police.
. Police to aid health Officer.
. Sanitary police company.
. Sanitary police company, powers
and duties of.
. Sanitary police company, reports
and disposition thereof.
. Sanitary police Company, proceed-
ings on complaint Of.
. Sanitary police company, proceed-
ings on hearing of complaint of.
. General complaint book; registry of
lost, missing - or stolen property;
records of the police and of services
to be kept.
. Treasurer's account; how kept.
. Books to be open to public inspection,
. Returns and reports to be kept and
bound.
. Power to compel the attendance of
witnesses.
. Commissioners and major of police
may administer oaths to witnesses.
. Perjury by witnesses in such cases;
penalty.
2. Police to have powers of constables,
when.
3. Execution of warrants issued by
. Imagistrates.
. Discriminating laws not to be en-
forced.
. Arrests without warrant ; who may
make , when.
. Powers of major and lieutenants in
cases of suspected felonies.
. Report and return of arrests.
. Penalty for neglect to make arrests.
. Detention of witnesses.
. Authority for
raiding gambling
houses, bawdy houses, and lottery
or policy shops, etc.
. Duty of major of police in pursu-
ance of preceding section.
. Supervision and inspection of li-
censed pawnbrokers, etc.
. When police may examine books
and premises of pawnbrokers, etc.
. When police may examine property
purported to be pawned.
. Interference by any parties named
in fifth preceding section punished
as a misdemeanor.
CHAPTER xlvi.-METROPOLITAN POLICE. t 371
Sec. Sec.
76. Property clerk; his pay, 93. Private detectives, who may be.
77. Stolen, lost, or abandoned property 94. §. detectives to give bond, etc. .
to be in custody of property clerk. 95. Private detectives to report to Com-
78. Record of lost, etc., property to be missioners, etc. Af
kept. 96. Private detectives; when bond for-
79. Property clerkvested with powers of feited ; duty of United States at-
a notary public. torney.
80. Property clerk may administer oaths 97. Duty of private detective making
and take depositions respecting arrests.
lost, etc., property. 98. All police laws applicable to private
81. Property clerk may return property detectives.
to owners, when. 99. It is unlawful to compromise felony,
82. Property taken from arrested per- fail to give facts, withhold infor-
sons; how restored. mation, receive money from per-
83. Retention of property when claimed sons arrested or liable to arrest,
by other than the accused. or permit such persons to escape ;
84. Property taken on suspicion; how penalty for violations of this sec-
disposed of. tion.
85. Sale of unclaimed property; pro- 100. Penalty for assaulting an officer in
ceeds to policemen’s fund. discharge of his duty; when.
86. Sale of unclaimed animals. 101. Penalty for falsely pretending to be
87. Sale of perishable property. a member of the police force.
88. When animals, etc., may be placed 102. Unnecessary severity by officer of
in custody of owners. - police ; punishable.
89. When perishable property delivered | 103. Police code. *
to Owner. 104. Police code and rules of Commis-
90. When large quantities of goods held sioners shall be the law upon the
for sale delivered to owner. matters therein contained, etc.
- 91. Disposition of property retained as 105. Police matrons; how appointed,
evidence. pay, etc.
92. Unclaimed property not called for 106. Police matrons, duties of.
as evidence ; how treated. 107. Police matrons, qualifications of.
SEC. I. The District is constituted a police district, to be called Establishment of
“The Metropolitan Police district of the District of Coiumbia.” tº Po:
Sec. 321, R. S. D. C.; Aug. 6, 1861; 12 Stat., 320, ch. 62, sec. 1.
SEC. 2. That from and after the first day of July, eighteen hundred Board of pºlice
and seventy-eight, the board of metropolitan police and the board abolishedºº.
of school trustees shall be abolished; and all the powers and duties F. :
how exercised by them shall be transferred to the said Commissioners ;:
of the District of Columbia, who shall have authority to employ bia.
such officers and agents and to adopt such provisions as may be rºle II. Isis
necessary to carry into execution the powers and duties devolved 30 stai. Ioſ,
upon them by this act. º sec. 6. -
1 Sup. R. S., 344.
SEC. 3. That the duties devolved and the authority conferred upon Public squares
the Commissioners [board of metropolitan police] by law, for police and places subject
purposes, in said District, shall extend to and include all public ºf
º - e * Commissioners for
Squares or places; and said board are hereby authorized and required police purposes.
to make appropriate rules and regulations in relation thereto. July 31, 1876
- uly 31, e
19 Stat., 102.
SEC. 4. The Commissioners are [board of police is] invested with General powers
all the powers conferred by law upon the mayors of Washington or §: d upon
of Georgetown, prior to August sixth, eighteen hundred and sixty- “”
one, in respect to Ordering military assistance in aid of the civil Sec. 384, R. S.
authorities to quell riots, suppress insurrection, protect property, P.,9.
and preserve the public tranc § .' And the Commissioner. .# 6 Aug., 1861, ch.
pr ] | y $Stone's [board 62 jºb.
of police] shall also possess all the power and authority so conferred .º.º.”
by law upon the auxiliary guard of the city of Washington and upon tº see sec. 45,
the mayor or other officer of the cities of Washington and George- chapter “Militia.”
town respectively, as the heads therein of the respective police
departments or Orgánizations of those cities, which power or authority
relates to or is in any way connected with the police government or
police discipline within either of said cities.
372 e CHAPTER xlvi.-METROPOLITAN POLICE.
Duties of the SEC. 5. It shall be the duty of the Commissioners [board of police]
Commissioners, at all times of the day and night within the boundaries of said police
Sec. 335, R. S. district— -
D.C. * , First. To preserve the public peace ; . . *
ºld. * 9. P. Second. To prevent crime and arrest offenders;
§ Mar. 1863, ch. Third. To protect the rights of persons and of property;
106, sec. 10, v. 13, Fourth. To guard the public health ;
p. 803. Fifth. To preserve order at every public election ; • * -
Sixth. To remove nuisances existing in the public streets, roads,
alleys, highways, and other places; -
Seventh. To provide a proper police force at every fire, in order
that thereby the firemen and property may be protected;
Eighth. To protect strangers and travelers at steamboat and ship
landings and railway-stations; -
Ninth. To see that all laws relating to the observance of Sunday,
and regarding—
Pawnbrokers,
Mock auctions,
gº
* ambling,
Intermperance,
Lottery dealers,
Vagrants,
Disorderly persons, and
The public health, are promptly enforced ; and . .
Tenth. To enforce and obey all laws and ordinances in force in
the District, or any part thereof, which are properly applicable to
police or health, and not inconsistent with the provisions of this
chapter. s
Jurisdiction. SEC. 6. The duties of the Commissioners [board of police] shall be
Sec. 336, R. s. more especially executed, under the direction and control of the
-a, -º Commissioners [board] by a police force for the whole of said police
6 Aug., 1861, ch. district, authorized to do duty in any part thereof without regard to
§ Sec. 6, Y. 13, p. residence or corporation lines. [see R. S. U. S., § 1819.
l: Rules and regu- SEC. 7. The Commissioners are [board of police] authorized to
* pass, from time to time, rules and regulations for the proper govern-
Sec. 337, R. S. ment and discipline of its subordinate officers, and the duties of the
Tbid police force shall be executed in accordance there with.
1Cl. - -
Annual report. SEC. S. The Commissioners [board of police] shall annually, on or
sº, ºn E. s. before the first Monday in November, report in writing the condi-
º “’ “ ” tion of the police within said district to the Attorney-General.
! ~. THE POLICE FORCE.
, Ingrease of po- SEC. 9. The police force shall consist of the following officers,
lº cº namely: Qne major, one captain, ten lieutenants, twenty sergeants,
- such number of privates not exceeding two hundred and fifty for the
, Sec. 340, R. S. regular service, as the Commissioners may deem necessary, and all
"siºn tute. promotions to the positions of captain, lieutenant, and sergeant shall
j.º. be made from the next succeeding grade or rank on the force.
2 Sup. R. S., 397. 22 Stat., 412; 340 R. S. D. C. ; Amended.
| -
Appointment of SEC. 10. That the Commissioners may, and they are hereby,
additional police authorized to appoint not more than six privates, to be members of
IºleIl. the police force, from among citizens of the United States who have
Jan. 31, 1883. or have not served in the Army and Navy of the United States, but
22, Stat., 412, who shall possess all the other qualifications prescribed by section
Sec. 4. three hundred and fifty-four of the Revised Statutes of the United
Ríº & States relating to the District of Columbia.
• *
CHAPTER XLVI.——METROPOLITAN POLICE. r 373
SEC. 11. The officers of the police force shall be severally appointed Appointment
by the Commissioners [board of police, and each person so appointed *., tenure of
shall hold office only during such time as he shall faithfully observe *
and execute all the rules and regulations of the Commissioners ... Sec. 341, R. S.
[board, the laws of the United States, and the laws or ordinances P,9. i
existing within the District, and which apply to any part of the sº º tºº.
district where the members of the force may be on duty. gº tº “. p.
SEC. 12. The qualifications, enumeration, and distribution of , Qualificatiºns.
duties, mode of trial, and removal from office, of each officer of the ... ; how
police force, shall be particularly defined and prescribed by rules and **
regulations of the Commissioners [board of police, in accordance , Sec. 842, R. S.
with the Constitution and laws of the United States applicable * sec. 8, D
thereto. . . .” - - sima, see 3 p.
SEC. 13. The major of police shall take the place of the mayors of Authority of
the cities of Washington and Georgetown as the head of the police major of Police.
departments of those cities respectively. but always subject to the sec. 345, R. s.
orders and regulations of the Commissioners [board of police. D. C.
Ibid., sec. 10, p. 322; 23 July, 1866, ch. 215, sec. 1; v. 14, p. 212.
SEC. 14. It shall be the duty of the police force to respect and obey ... To be respected
the major of police as the head and chief of the police force, subject and obeyed.
to the rules, regulations, and general Orders of the Commissione's Sec. 344, R. S.
[board of police.] D. C. '
Tbid.
SEC, 15. All regulations and orders of the Commissioners [board Regulation; and
of police] shall be promulgated through the major of police. orders of the Com-
missioners; how
promulgated.
*~ Sec. 345, R. S. D. C. : Ibid.
SEC. 16. The major of police shall make, to the Commissioners Major's quarterly
[board of police] quarterly reports in writing of the state of the reports.
police district, with such statistics and suggestions as he may deem Sec. 346, R. S
advisable for the improvement of the police government and dis- D. C.’ ” “ ”
cipline of said District. 6 Aug., 1861, ch.
62, sec. 24, v. 12, p.325; 23 July, 1866, ch. 215, Sec. 1, v. 14, p.212.
SEC. 17. The captain shall be the inspector of the police force, Dutiesofcaptain.
command it in the sickness or absence of the major, and perform sec. 31. E. s.
such other duties as the commissioners may direct. D
. C.
Ibid.
SEC. 18. There shall be in the office of the major of police one Clerk in office of
clerk, who shall be appointed by the Commissioners, and who shall maj9*. --->
have charge of the records of the Sanitary company provided for in Sec. 348, R. S.
section three hundred and eighty-one, and who shall perform such P.S.,
other duties as the major, by the direction or with the approval of Fº º gº
the commissioners, may prescribe, and who shall receive a salary of iii. pp. 212,
One thousand dollars per annum. - 213. -
+ . 20 Dec., 1866, ch. 4, v. 14, p. 374.
SEC. 19. The Commissioners [board of police] may also appoint Surgeons of po-
not exceeding three surgeons of police, who shall perform such lice.
duties as may be required of them by the Commissioners [board, sec. 310. E. s
and who shall receive an annual compensation of three hundred dol- D.C." 3 -> * > *-, -
lars each.* 16 July, 1862, ch.
181, sec. 2, v. 12, p. 579.
SEC. 20. The Commissioners [board of police] shall require Secu- Major and lieu-
rity to be entered into by the major and lieutenants, and shall make tenants to give se-
suitable provisions therefor. curity.
Sec. 350, R. S. D. C. 6 Aug., 1861, ch. 62, sec. 27, v. 12, p. 325; 23 July, 1866, ch. 215,
sec. 1, v. 14, p. 212.
Forty dollars per month by annual appropriation.
374 CHAPTER xlvi.-METROPOLITAN POLICE.
Oath of office. SEC. 21. The Commissioners [board of police] shall also require an
see TEETE. S. oath of office to be taken by members of the police force, and shall
. C. 3. make suitable provisions respecting the same, and for the registry
Ibid. thereof, and such oath may be taken before One of the commissioners,
- any of whom are empowered to administer the same.
The Cºmmis: , SEC. 22. The Commissioners [members of the board of police, l and
...; the major of police are vested with all the powers conferred by law
º ºù. upon notaries public and justices of the peace in the District.
and justices of th
peace. -
Sec. 352, R. S. D. C.
Privileges and SEC. 23. No person holding office under this chapter shall be liable
exemptions of Po to military or jury duty, nor to arrest on civil process, nor to service
lice. of subpoenas from civil courts while actually on duty.
Sec. 353, R. S. D. C.
. Members of po- SEC. 24. No member of the police force, under penalty of forfeit-
lice . º: *ing the salary or pay which may be due him, shall withdraw or
.*” resign, except by permission of the Commissioners [board, unless
* he shall have given to the major One month’s notice, in writing, of
pº 856, R. S. such intention.
Presents, etc.; , SEC. 25. No member of the police force shall receive or share in,
nºto be received for his own benefit, under any pretense whatever, any present, fee,
** or emolument, for police services, other than the regular salary and
pº 357, R. S. pay provided by this chapter, except by consent of the Commission-
ers [board of police.]
When rewards SEC. 26. The Commissioners [board of police, for meritorious and
may be permitted, extraordinary services rendered by any member of the police force,
Sec. 358, R. S. in the due discharge of his duty, may permit such member to retain
D. C. 5 for his own benefit any reward or present tendered him therefor.
16 July, 1862, ch. 181, sec. 9, v. 12, p. 581.
Regulations. SEC. 27. Upon notice to the Commissioners [board of police] from
Sec. 359, R. S. any member of the police force, of the receipt by such member of
© any reward or present, the Commissioners [board] may order the
member to retain the same, or shall dispose thereof for the benefit
of the policeman’s fund.
Penalty for re- SEC. 28. It shall be cause of removal from the police force for any
Ceixing, reward member to receive rewards or presents without giving notice of the
** same to the Commissioners [board of police.]
Sec. 360, R. S. D. C. •
Disposal of fines SEC. 29. All fines imposed by the Commissioners [board of police]
and rewards. upon members of the police force, by way of discipline, and collectible
Sec. 361, R. S. from pay or salary, and all rewards, fees, proceeds of gifts, and
. C. emoluments, that may be paid and given for extraordinary services
July 16, 186% of any member of the police force, except when allowed to be retained
by such member, shall be paid to the treasurer of the board of police,
tºwn” unless otherwise appropriated by the Commissioners
[board. -
Police man’s SEC. 30. The rewards, fees, proceeds of gifts, and emoluments
fund. mentioned in the preceding section, and all moneys arising from the
sec. 362, R. s. sale of unclaimed goods, shall constitute the “policeman’s fund.”
D.C. 6 Aug., 186 ch. 62, sec. 26. 12 Stat., 325. .
. Additional po SEC. 31. Hereafter the Commissioners shall deduct one dollar each
*** month from the pay of each policeman, which sum so deducted shall
Feb. 25, 1885. be added to and form a part of the present police fund, to be invested
23 Stat., 310.... in United States or District bonds by the Treasurer of the United
*Sup, R.S., 476. States, and be held by him subject to the drafts of the Commissioners
CHAPTER XLVI.—METROPOLITAN POLICE.
375
for expenditures made in pursuance of law, and such expenditures
shall be accounted for as required by law for other expenditures of
the District ; and said police fund shall be used for the relief of any
policeman who, by injury received or disease contracted in line of
duty, or having served not less, than fifteen years, shall become so
permanently disabled as to be discharged from service therefor; and
in case of his death from such injury or disease, leaving a widow
or children under sixteen years, for their relief : Provided further,
That such relief shall not exceed for any one policeman or his family
the sum of fifty dollars per month ; and a sum not exceeding seventy-
five dollars may be allowed from said fund to defray the funeral
expenses of any policeman dying in the service of the District.
SEC. 32. Whenever any member of the police force, in the actual
discharge of his duty, shall become actually disabled, his necessary
expenses, during the time of such disability, on the certificate of a
competent surgeon, stating the manner, cause, and condition of the
injury, and approved by the Commissioners [board of police] may D.Q.
become a charge upon the policeman’s fund. But the Commissioners
[board] may discontinue such allowance for any satisfactory reason.
SEC. 33. The Commissioners [board of police] shall provide spe-
cific rules for uniform clothing of the police force, which shall be
procured by each of the members thereof respectively, strictly in
conformity with such rules, at his own expense and risk, and any
º shall be removed from the force for not complying with
SULCO. I’ll 16S. . - -
SEC. 34. The detective force established by the aforesaid section
of the Revised Statutes of the United States, relating to the District
of Columbia, be and the same is hereby abolished.
Jan. 31, 1883.
SEC. 35. The Commissioners of the District of Columbia are hereby
authorized to detail, from time to time, from the privates of the
police, such number of privates, not exceeding six, as may in their
judgment be necessary, for special service in the detection and pre-
vention of crime; and such privates so specially detailed shall be
entitled to receive and shall be paid the compensation now allowed
by law to the detective force abolished by this act, during such
time as they shall continue so detailed by the Order of the Commis-
sioners.” -
SEC. 36. The said Commissioners are hereby authorized to fix the
salaries to be paid to the officers and privates of the metropolitan
police until otherwise provided by law.f .*
SEC. 37. That all new appointments [for the metropolitan police]
shall be made to class One.
PRECINCTS AND STATIONS.
SEC. 38. The Commissioners [board of police] may divide the dis-
trict into precincts, not exceeding ten, and may assign one lieuten-
ant of police to each precinct. --
* At rate of $90 per month. See sec. 365, R. S. D.C..
+ These salaries are fixed by the annual appropriation acts.
20 Stat.,208,209.
Mar. 3, 1879. 20 Stat., 377.
Who may have
benefit of the
fund.
Sec. 364, R. S.
Tiid.
Uniforms.
Sec. 365, R. S.
D. C.
25uly, 1866, ch.
215, Sec. 4, v. 14, p.
Detective force
abolished, etc.
Detail of men
from police, au-
thorized.
22 Stat., 412, sec. 2.
Compensation
for detectives.
2 Sup. R.S., 397.
Ibid.,sec. 3.
Commissioners
to fix pay of police.
June 20, 1878.
1 Sup. R. S., 382.
Appoint ments
to class 1.
2 Sup, R.S., 253.
|Precincts.
Sec. 369, R. S.
D. C.
6 Aug., 1861, ch. 62, sec.16, 12 Stat.,322.
376 CHAPTER xlvi.-METROPOLITAN POLICE.
Stations and SEC. 39. The Commissioners [board of police] may, from time to
substations. time, [but without expense to the United States, establish stations
Sec. 370, R. S. and station-houses, or sub-stations and sub-station houses, at least
D. C. one to each precinct, for the accommodation thereat of members of
16 July 1863, ch, the police force, and as temporary places of detention for persons
*śsso arrested and property taken within the precinct.
} .*. sº SEC. 40. It shall be the duty of the proper authorities of the Dis-
"...º.º. trict to provide, at the expense [of the cities] of the District of Colum-
thorities. bia [Washington and Georgetown, respectively, all necessary
* accommodations [within their respective limits] for the station-
pº. 871, R. S. houses required by the Commissioners, [board of police, for the
6 Aug. 1861, ch, accommodation of the police force, for the lodging of vagrants and
62.sec. iś. disorderly persons, and for the temporary detention of persons
12 Stat., 323. arrested for offenses, and to suitably warm and light the same.
Residence of SEC. 41. There shall be no limitation or restriction of place of resi-
members of police dence to any member of the police force, other than residents within
force. the metropolitan police district. -
Sec. 373, R.S. D. C.
Details for duty. SEC. 42. The Commissioners [board of police] may, from time to
sº. 371. E. s. time, detail and change, without regard to or limitation of residence,
& 3. the lieutenants, sergeants, or privates to such parts of the District,
or to such of the police or criminal courts, and to the public offices
of the Government of the United States and of the District, as the
Commissioners [board] may deem advisable; and it shall be the
duty of the Commissioners [board] to cause the location of privates
to be changed, from time to time, as the efficiency of the force shall
require. -
Special privates, SEC. 43. The Commissioners [board of police] may, on the appli-
how appointed cation of any person showing the necessity thereof, appoint any
Sec. 375, R. S. additional number of privates to duty at any place within the District,
D. C. at the charge and expense of the person by whom the application is
8 Maçkey Rep., made, but not to exceed the yearly sum provided for privates of the
iºgºls * general police force.
... Powers and du- SEC. 44. The privates appointed as provided in the preceding sec-
ties of special offi tion shall be subject to the orders of the Commissioners [board of
CellS. police] and shall obey the rules and regulations of the Commission-
Sec. 376, R. S. ers [board, and conform to its general discipline and to such other
D. C. special regulations as may be made, and shall wear such dress or
emblem as the Commissioners [board] may direct, and shall, during
the term of their holding appointment, possess all the powers, privi-
leges, and duties of the police force.
How removed. SEC. 45. The persons employed, as provided in the two preceding
sec. 37 E. s. sections, may be removed at any time by the Commissioners [board
D. C. - of police] without assigning cause thereof, [upon One month’s notice
of the intention so to do, given to the person who applied for the
appointment.]*
Special police- SEC. 46. The Commissioners [board of police] may also, upon any
* Without P*Y. emergency of riot, pestilence, invasion, insurrection, or during any
Sec. 378, R. S. day of public election, ceremony, or celebration, appoint as many
Special privates without pay, from among the citizens, as it may
deem advisable, and for a specified time.
Powels and du: , SEC. 47. During the term of service of such special privates, they
*** shall possess all the powers and privileges, and perform all the duties
Sec. 379, R. S. Of the privates of the standing police force of the District. And such
D. C. special privates shall wear an emblem, to be presented by the com-
IQISSIO116I’S. -
* 135 U. S. Rep., 240, Eckloff vs. D. C.
CHAPTER xlvi.-METROPOLITAN POLICE. 377
SEC, 48. All watchmen provided for by the United States Govern- ; U. S. watchmen
ment for service in any of the public Squares and reservations in the * same duties
District of Columbia shall have and #. the same powers and ...?" *** *
º e . e º e p & - police.
duties as the metropolitan police of said District. -
- - - 22 Stat., 243,
- Aug. 5, 1882; 2.
SANITARY COMPANY. Sup. R. S., 374.
SEC. 49. The health-officer of the District shall have power to call Aid to be given
upon any of the police force, to a number not exceeding six, to aid to board of health.
upon any necessary emergency in enforcing the powers and duties T Sec. 350, R. S.
conferred [upon their office] by law ; and it shall be the duty of any D. C.
such number of police so called upon to obey such call, but such serv- June 8, 1878.
ice shall not continue longer than twenty-four hours. º's Stat, 102,
SEC, 50. It shall be the duty of the Commissioners [board of Sanitary police
º to set apart a sanitary police company, to consist of not *P*Y.
exceeding ten persons, who shall be selected from among the police, Sec. 381, R. S.
and to assign to said company such especial duties, by the rules and D. C.
regulations, as may be publicly advantageous.
SEC, 51. The sanitary police company is empowered, under such Powers of sani-
distribution of power. ºf duty as may be made by the rules and tary company.
regulations, to visit and make inspection of all ferry-boats, manu- Sec. 382, R. S.
factories, slaughter-houses, tenement-houses, and edifices suspected D. C.
of or charged with being unsafe, and to attend to such other mat-
ters relating to health as are complained of and entered upon the
complaint-book, and to take all necessary legal measures for pro-
moting the security of life or health generally upon or in Said boats,
manufactories, houses, and edifices, and to make report of inspec-
tion and action in the premises to the Commissioners [board of police].
SEC. 52. Whenever the Commissioners [board of police] are satis- Reports and com-
fied by such report that any ferry-boat, manufactory, slaughter- plaints.
house, tenement-house, or edifice is maintained, or that any other sec. 383, R. S.
act is about to be committed, in a manner prejudicial to the lives or D. C.
health of the public, they shall, after due entry upon their minutes
of the circumstances, cause complaint to be made, founded upon
such report and circumstances, before the proper court of the Dis-
trict. --> -
SEC. 53. Upon such complaint being made, under oath, the court Proceedings of
shall, in a summary way, issue the proper warrant, reciting therein i. ;" On COIll—-
the name of the member or members of the sanitary police company, Pº
for the arrest of the person in charge of such ferry-boat, manufactory, Sec. 384, R. S.
slaughter-house, tenement-house, or edifice, or otherwise committing P. 9.
any act that may be derogatory to the public health, to the end that
he may be brought before the court and the complaint of insecurity
of the life or health of the public so made be duly investigated
according to the law of examination into misdemeanors.
SEC. 54. If satisfied, on a summary hearing of the case, that such Proceedings up-
charge of insecurity of the lives or health of the public is founded 9”
on reasonable and probable cause, the court may, by an Order in Sec. 385, R. S.
writing, command any such ferry-boat to cease running, or any D. C.
business in such manufactory or slaughter-house to cease, or impose
such fine as by law may be attached to such offense upon the person
so offending, until the cause of complaint shall be removed to the
satisfaction of the Commissioners [board of police].
!. - BOOKS AND RECORDS.
SEC. 55. The Commissioners [board of police] shall cause to be Books and reº.
kept the following books and records, namely: ºf what to be
Sec. 386, R. S. D. C.
378 - Chapter xiv.–METROPOLITAN POLICE.
General, com - First. General complaint-books, in which shall be entered every
plaint book. complaint preferred upon personal knowledge of the circumstances
* thereof, with the name and residence of the complainant. .
Registry of lost, Second. Books of registry of lost, missing, or stolen property, for
missiº, or stolen the general convenience of the public and of the police of the Dis-
property. trict. -
Records of the Third. Books of records of the police, wherein shall be entered
police. the name of every member of the police-force, with the time and
place of his nativity, and the time when he became a citizen if he
was born Out of the United States; his age; his former occupation;
number and residence of family; the date of appointment or
dismissal from office, with the cause of the latter. T And in every
Such record sufficient space shall be left against all such entries
- Wherein to make record of the number of arrests made by such
Record of serv- member of the police-force, or of any special services deemed meri-
ices. torious by the commissioners.
Tºasurer's ac- SEC. 56. The Commissioners [board of police] shall also cause to
* be kept in proper books the accounts of the treasurer of the board;.
Sec. 387, R. S. and all receipts of moneys, or warrants or checks for moneys, shall
D. C. be written in books kept for the purpose, and the receipts shall be
signed in every case by the person receiving money, warrants, or
checks from the treasurer.
t º SEC. 57. All the books mentioned in the two preceding sections
... "“” shall be, at all business hours, and when not in actual use, open to
tion. tº e e
–– public inspection.
Sec. 389, R. S.
D. C.
Public. returns SEC. 58. The Commissioners [board of police] shall also cause to
and reports. be kept and bound all police returns and reports of the District.
Sec. 390, R. S. .
D. C.
POLICE HEARINGS.
Power to compel SEC. 59. The Commissioners [board of police] shall have power to
*** * issue subpoenas, attested in the name of its president, to compel
IleSS62S. before it the attendance of witnesses upon any proceeding author-
º 391, R. S. ized by its rules and regulations.
Who may ad- SEC. 60. Each commissioner and the major of police have power
minister oaths to to administer, take, receive, and subscribe all affirmations and oaths
Witnesses. to any witnesses summoned and appearing in any matter or proceed-
Sec. 392, R. S. ing authorized by the preceding section, and to any depositions nec-
D. C. essary by the rules and regulations of the board of police.
Perjury in such SEC. 61. Any willful and corrupt false swearing by any witness or
* Pe* person making deposition before any of the officers mentioned in the
Sec. 393, R. S. preceding Section, to any material fact in any necessary proceeding
D. C. under the rules and regulations of the board of police, shall be
deemed perjury, and shall be punished in the manner prescribed by
law for such offense.
ARRESTS AND SEARCHES.
y
ºligº.º.º.e, SEC. 62. The Commissioners [members of the board of police, and
pºwers * * the police force, shall possess in every part of the District ail the
*** * – common law and statutory powers of constables, except for the serv-
Sec. 394, R. S. ice of civil process and for the collection of strictly private debts,
*ś,lly, 1862, ch in which designation fines imposed for the breach of the ordinances
15.5.19. in force in the District, shall not be included. (See § 1065-1067, R. S. D. C.
gºº. " " - e. -
CHAPTER xlvi.-METROPOLITAN POLICE. 379
SEC. 63. Any warrant for search or arrest, issued by any magis- Execution of
trate of the District, may be executed in any part of the District by * *
+any member of the police force, without any backing or indorsement . Sec. 395, R. S.
of the warrant, and according to the terms thereof; and all provi- D.C.
isions of law in relation to bail in the District shall apply to this sº Aug 1861;ch.
schapter . , sec. 9, v. 12, p.
CnapUer. - 322.
SEC. 64. The Commissioners [said board of police] shall not Discriminating
enforce any law or ordinance discriminating between persons in the laws not to be en
administration of justice, - forced.
g - - Sec. 396, R. S.
D. C.
SEC. 65. The several members of the police-force, including the Arrests without
commissioners [of police, shall have power and authority to imme. * *
-diately arrest, without warrant, and to take into custody any person Sec. 397, R. S.
who shall commit, or threaten or attempt to commit, in the presence P. C.
of such member, or within his view, any breach of the peace or
offense directly prohibited by act of Congress, or by any law or
-ordinance in force in the District, but such member of the police-
force shall immediately, and without delay, upon such arrest convey
in person such offender before the proper court, that he may be dealt
with according to law. -
SEC. 66. The major of police and the lieutenants of police, having Powers of offi-
just cause to suspect that any felony has been, or is being, or is about cers in case of sus-
to be, committed within any building, or on board of any ship, boat, Peeted felonies:
or vessel within the said District, may enter upon the same at all Sec. 398, R. S.
hours of day or might, to take all necessary measures for the effectual D. C.
prevention or detection of all felonies, and may take then and there
into custody all persons suspected of being concerned in such felonies,
..and also may take charge of all property which he or they shall
have then and there just cause to suspect has been stolen.
SEC. 67. Every case of arrest shall be made known within six hours Information and
thereafter to the lieutenant of police on duty in the precinct in which * of ***.
the arrest is made, by the person making the same ; and it shall be Sec. 399, R. S.
the duty of the lieutenant within twelve hours after such notice, to D. C.
make written return thereof, according to the rules and regulations
of the Commissioners [board of police, together with the name of
the party arrested, the offense, the place of arrest, and the place of
detention.
SEC. 68. If any member of the police-force shall neglect making , Penalty for neg-
any arrest for an offense against the laws of the United States com: lºº, to make a*-
mitted in his presence, he shall be deemed guilty of a misdemeanor *
and shall be punishable by imprisonment in the District jail or peni- Sec. 400, R. S.
tentiary not exceeding two years, or by a fine not exceeding five P-9.
hundred dollars.
SEC. 69. The Commissioners [board of police] shall provide suit- Petention of
able accommodations within the district for the detention of wit- *
nesses who are unable to furnish security for their appearance in Sec. 401, R. S.
criminal proceedings, and such accommodations shall be in premises D. C.
other than those employed for the confinement of persons charged
with crime, fraud, or disorderly conduct ; and it shall be the duty
of all magistrates in committing witnesses to have regard to the
rules and regulations of the Commissioners [board of police] in
reference to their detention.
SEC. 70. If any member of the police force, or if any two or more Authority of
house-holders shall report in writing, under his or their signature, search and arrest
to the major of police that there are good grounds, stating the same, * * *
380
CHAPTER xLv1.-METROPOLITAN POLICE.
Sec. 402, R. S.
D. C.
for believing any house, room, or premises within the police-district
to be kept or used for any of the following purposes, namely :
First. As a common gaming-house, common gaming-room, or
common gaming-premises, for therein playing for wagers of money
at any game of chance; or, - . , -
Second. As a bawdy-house, or as a house of prostitution, or for
purposes of prostitution ; or, ;
Third. For lewd and obscene public amusement or entertainment ;
Or, . - - -
Fourth. For the deposit or sale of lottery-tickets or lottery-policies,
it shall be lawful for the major of police to authorize any member
Or members of the police force to enter the same, who shall forthwith
arrest all persons there found offending against law, and seize all
implements of gaming, or lottery-tickets, or lottery-policies, and
Convey any person so arrested before the proper court, and bring the
articles so seized to the office of the Commissioners [board of police].
Duty of major to
prosecute, etc.
Sec. 403, R. S.
D. C.
Supervision of
doubtful estab-
lishments.
Sec. 404, R. S.
D. C. -
Examination of
books and prem-
ises.
sec. 405, R. s.
D. C. -
Examination of
property.
Sec. 406, R. S.
. C.
D
[See: § 1174,. R. S. D. C.]]
SEC. 71. It shall be the duty of the major of police to cause all
persons arrested in pursuance of the provisions of the preceding
Section to be º prosecuted, the articles seized to be destroyed,
and such room or house to be closed, and not again used for such,
unlawful purpose.
LICENSED PAWNBROKERs, ETC.
SEC. 72. The Commissioners [board of police] shall possess powers.
of general police Supervision and inspection over all—
Licensed pawnbrokers.
Licensed venders.
Licensed hackmen and cartmen.
Dealers in second-hand merchandise.
Intelligence-office keepers.
Auctioneers of watches and jewelry.
Suspected private banking-houses, and other doubtful establish–
ments within the metropolitan police district ; and in the exercise
and furtherance of Said supervision may, from time to time, empower.
members of the police-force to fulfill such special duties in the
premises, as may be ordained by the Commissioners [board of police].
SEC. 73. The Commissioners [board of police] may direct the
major to empower any member of the police-force, whenever such
member shall be in search of property feloniously obtained, or in
search of suspected offenders, to examine the books of any pawn-
broker or his business premises, or the business premises of any
licensed vender or dealer in second-hand merchandise, or intelligence-
office keeper, or auctioneer of watches and jewelry, or suspected
private banking-house, or other doubtful establishment.
SEC. 74. Any member of the police-force, when thereto authorized
in writing by the major of police, and having in his possession a pawn-
broker's receipt or ticket, shall be allowed to examine the property
purporting to be pawned Or pledged, or deposited upon said receipt
or ticket, in whosesoever possession said property may be ; but no
such property shall be taken from the possessor thereof without due
process or authority of law.
Interferen C a
punishable as e
misdemeanor.
Sec. 407, R. S.
D. C.
SEC. 75. Any willfull interference with the major of police, or with
any member of the police-force, by any of the persons named in sec-
tion four hundred, and four, while in official and due discharge of
duty, shall be punishable as a misdemeanor. -
CHAPTER XLVI.-METROPOLITAN POLICE. 381
\
STOLEN, LOST, AND ABANDONED PROPERTY.
SEC. 76. There shall be an officer known as “property clerk” of Property clerk.
the metropolitan police-district, who shall be appointed and may be – -
removed by the Commissioners [board of º and who shall . Sºº. 408, R. S.
receive an annual compensation of twelve hundred dollars, payable “rid., see, 1, pp.
monthly. * w s 578,579.
SEC. 77. All property, or money alleged or supposed to have been , Custody of stolen,
feloniously obtained, or which shall be lost or abandoned, and which lºº.*andoned
shall be thereafter taken into the custody of any member of the Pºº":
police force, or the police or criminal court of the district, or which Sec. 409, R. S.
shall come into such custody, shall be, by such member, or by order P. 9
Of º court, given into the custody of the property clerk and kept
by him. - -
SEC. 78. All such property and money shall be particularly regis- Record to be kept.
tered by the property clerk in a book kept for that purpose, which S
shall contain also a record of the names of the persons }. whom Seg. 410, R. S.
such property or money was taken, the names of all claimants sº
thereto, the place where found, the time of the seizure, the date of
the receipt, the general circumstances connected there with, and any
final disposal of such property and money.
SEC. 79. The property clerk is vested with all the powers con- Property clerk
ferred by law upon notaries public in the district. to have powers of
notary public.
Sec. 411, R. S. D. C.
SEC. 80. He may administer oaths and certify depositions which Oaths and depo-
may be necessary to establish the ownership of any property or sitions. --
money lost, abandoned, or returned to him under the directions of Sec. 412, R. S.
the Commissioners [board of police, other than such as may be so D. C.
returned as the proceeds of crime. -
SEC, 81. Upon satisfactory evidence of the ownership of property May return cer-
described in the preceding section he shall deliver the same to the tain property to
owner, his heirs and legal representatives, and to him or them only, * *
except it be proven impracticable for such owner, heir, or representa- Sec. 413, R. S.
tives to appear, when the same may be delivered and receipted for D. C.
upon such proof of ownership and the filing in the office of the
property clerk of a duly executed power of attorney from the owner
or his heirs or legal representatives.
*
SEC. 82. Whenever property or money shall be taken from persons . Property taken
arrested, and shall be alleged to have been feloniously obtained, or from ºrested Pe.
to be the proceeds of crime, and whenever so brought with such ºw”
claimant and the person arrested before any court for trial, and the Sec. 414, R. S.
court shall be satisfied from evidence that the person arrested is D. C.
innocent of the offense alleged, and that the property rightfully
belongs to him, said court may, in writing, order such property or
money to be returned, and the property clerk, if he have it, to
deliver such property or money to the accused person himself, and
not to any attorney, agent, or clerk of such accused person.
SEC. 83. If any claim to the ownership of such property or money lºº &
shall be made on oath before the court, by or in behalf of any other º.º.º.º.
... *. than accused per-
persons than the persons arrested, and the accused person shall be .
held for trial or examination, such property or money shall remain tº -
in the custody of the property clerk until the discharge or conviction pº 415, R. S.
Of the persons accused. - tº * >
\
382 Chapter xiv.–METROPOLITAN POLICE.
Taken on suspi- SEC. 84. All property or money taken on suspicion of having been
.*.** feloniously obtained, or of being the proceeds of crime, and for
posed of. which there is no other claimant than the person from whom such
Sec. 416, R. S. property was taken, and all lost property coming into the possession
. C. of any member of the police force, and all property and money,taken
from pawnbrokers as the proceeds of crime, or from persons sup-.
posed to be insane, intoxicated, or otherwise incapable of taking:
care of themselves, shall be transmitted as soon as practicable to the
property clerk, to be duly registered and advertised for the benefit
of all parties interested, and for the information of the public as to ,
the amount and disposition of the property so taken into custody by.
the police. -
§3.4.9.94 ºn SEC. 85. All property, except perishable property and animals,
*P*P*Y. and all money that shali remain in the custody of the property clerk.
Sec. 417, R. S. for the period of six months without any lawful claimant thereto,
D. C. - after having been three times advertised in public newspapers, shall,
be sold at public auction, and the proceeds of such sale shall be paidi
into the policemen’s fund. -
Qf unclaimed SEC, 86, Horses and other animals taken by the police and remain--
animals. ing unclaimed for twenty days may be advertised and sold upon ten
Sec. 418, R. S. days’ public notice.
D. C. - -
Sale of perisha- SEC. 87. All perishable property so taken and unclaimed shall be .
ble property. sold at Once. *
Sec. 419, R. S. D. C.
When animals, SEC. 88. When animals or articles of property, (except perishable-
etc.smay be placed property,) other than money, returned to the E. clerk as the
in custody of proceeds of crime, are shown by sufficient evidence to be necessary
for the current use of the owner and not for sale, the Comºmºssioners'
ps: 430, R. S. have [board of police has] power, in their [its] discretion, to author-
• *. - ize the property clerk to place the same in the custody of the owner,
upon sufficient bonds being given by the owner in the sum of twice.
the value of the property, conditioned for the production of the
same at any time within one year, when required for use in court as,
evidence in any proceedings thereon. -
owners.
When perishable SEC. 89. Perishable property, returned to the property clerk as the
Propºrty may be proceeds of crime, may be delivered to the owner on ample security
de live re d t O iſ:... . * * ~ * ** * - -
OWner, being taken by the court for his appearance to prosecute the case.
Sec. 421, R. S. D. C. . . .
Whenlarge quan; SEC. 90. When large quantities of goods held for sale by the owner,
titles º: º come into the possession of the property clerk as the proceeds of"
#.º.º.º. crime, the same may be delivered to the owner, his heirs or repre-
livered to Owner. 2. e tº * * -
^- - - sentatives, as provided in section four hundred and thirteen, upon
Sºº. 4%. R. S. ample security to prosecute the case. But in such cases goods to the
D. C. estimated value of fifty dollars shall be retained by the property
clerk until the discharge or conviction of the accused.
Property desired SEC. 91. If any property or money placed in the custody of the
as evidence in property clerk shall be desired as evidence in any police or other
Court. criminal court, such property shall be delivered to any officer who
Sec. 423, R. S. shall present an order to that effect from such court ; but such prop-
. C. erty shall not be retained in the court, but shall be returned to the
property clerk, to be disposed of according to the provisions of this.
chapter.
Unclaimed ºp: , SEC. 92. Any property or money returned to the property clerk as
*Y***, the proceeds of crime, and which shall not be called for as evidence-
by any proceeding in the courts of the District within one year from.
Aº
CHAPTER xlvi.-METROPOLITAN POLICE. -- 383
the date of such return, may, unless specially claimed by the owner sec. 423, R. S.
within that time, be thereafter treated as other unclaimed, aban- D. C.
doned, or lost property or money, as provided in this chapter.
\
*
PRIVATE DETECTIVES. {
SEC. 93. No person shall assume or practice the occupation of . Private detec-
detective within the limits of the District who shall not first receive * who may
a specific appointment for that purpose, unless pursuing the detec- “*
tion of criminals as a private business outside of such authority, and Sec. 425, R. S.
not otherwise specifically authorized by law. D. C.
SEC. 94. Any person practicing as a private detective shall enter To give bond.
into bonds to the Commissioners [board of police], with Surety, in a sec. 426, R. s.
sum not less than ten thousand dollars, to be approved by the D. C.
Commissioners [board], for a faithful and correct return to the Com-
missioners [the board], in such manner and at such times as the
Commissioners [board] shall direct, of all business transacted by such
private detective. - -
SEC. 95. Upon the execution of a private detective's bond, it shall To report to
be the duty of such private detective to report to the Commissioners Commissioners
board of police], who shall file such bond and record the name, age, see E.T.E. s
description, nationality, and residence of such private detective. p. 6." ~ * *
SEC. 96. In every case of a forfeiture of a private detective's bond Forfeiture of
for failure to make such returns to the Commissioners [board of bond; duty of
police] as required, or for failure of persons accused by bonded pri- United States at-
vate detective to appear to answer charges in court, it shall be the *.
duty of the attorney of the United States for the District to imme- Sec. 428, R. S.
diately prosecute the sureties upon such bond to the full extent of D. C.
a recovery of the forfeitures. -
SEC. 97. It shall be the duty of every person prosecuting the busi- Duty of private
ness of a private detective, who may arrest a person for crime, to detective making
bring the person arrested, with all evidence of the aileged crime, *
including property or money which may become evidence, imme- Sec. 429, R. S.
diately to the office of the major of police, or to the proper court, D. C.
where the case shall undergo an examination.
SEC. 98. All laws which govern the police force in the matters of All police laws
persons, property, or money shall be applicable to all private detect- applicable to pri-
ives, (or to persons practicing as detectives, whatever other name V* detectives.
they may assume,) and Such detectives Or persons shall make like Sec. 430, R. S.
returns and dispositions of such matters as required by law and the D. C. -
º of the Commissioners [board of police] governing the police
OI’Cé.
~~
COMPROMISE OF FELONY, ETC.
SEC. 99. It is unlawful for any private detective, or any member Compromise of
of the police force, or for any other person to compromise a felony felony, etc., pro-
or any other unlawful act, or to participate in, assent to, aid or assist hibited.
any person suspected of crime to escape a full judicial examination . Failing to give
by failing to give known facts or reasonable causes of suspicion, or tºº & ©
withholding any information relative to the charge or suspicion from ºding Ill-
the proper judicial authorities; - - Receiving money
Or in any manner to receive any money, property, favor, or other from persons ar-
compensation from, or on account of, any person arrested or subject º or liable to
to arrest for any crime or supposed crime; & - "Rºmitting such
Or to permit any such person to go at large without due effort to pers.
secure an investigation of such supposed Crime. Penalty for vio-
And for any violation of the provisions of this section, or either lation of this sec-
of them, such member of the police force, or private detective, or *
.384
CHAPTER xiv.–METROPOLITAN POLICE.
Sec. 431, R. S.
D. C.
Penalty for using
personal violence
on Officer in dis-
charge of his duty.
Sec. 432, R. S.
D. C.
Penalty for false-
ly pretending to
be member of po-
lice force.
Sec. 433, R. S.
D. C.
|Unnecessary Se-
verity punishable.
Sec. 434, R. S.
D. C.
Police code.
Sec. 437, R. S.
D. C.
Its authority.
Sec. 438, R. S.
T). C.
Police matrons
to be appointed,
District of Colum-
bia.
July 23, 1888, 25
Stat., 340, sec. 1;
Sup. R. S., 2 ed.,
599,
Duties.
Ibid., sec. 2.
Qualifications.
Ibid., sec. 3.
other person guilty thereof, shall be deemed as having compromised
a felony, and shall thereafter be prohibited from acting as an Officer
of said police force, or as a private detective, and shall be prosecuted
to the extent of the law for aiding criminals to escape the ends of
justice. . .
...” MISCELLANEOUS PROVISIONS.
SEC. 100. If any person, without justifiable and excusable cause,
shall use personal violence upon any member of the police force,
when in #. discharge of his duty, such person shall be deemed
guilty of a misdemeanor, and shall be punishable by imprisonment
in the district jail or penitentiary not exceeding two years, or by a
fine not exceeding five hundred dollars.
SEC. 101. It shall be a misdemeanor, punishable as provided in
the preceding section, for any person, not a member of the police
force, to falsely represent himself as being such member, with a
fraudulent design. -
SEC. 102. Any officer who uses unnecessary and wanton severity
in arresting or imprisoning any person, shall be deemed guilty of
assault and battery, and, upon conviction, punished therefor.
SEC. 103. The Commissioners are [board of police is] authorized,
from time to time, without expense to the United States, to cause to
be collected into compact form all the laws and ordinances in force
in the District having relation and applicable to police and health,
and to publish the same in a form easily accessible to all members
Gf the community as the police code of the District.
SEC. 104. The police code, prepared in accordance with the pre-
ceding section, and such rules as the Commissioners ſº of police]
may from time to time adopt for the purpose of enforcing and car-
rying out the provisions thereof, shall constitute the law of the Dis-
trict upon the matters therein contained.
POLICE MATRONS.
SEC. 105. That the Commissioners of the District of Columbia be,
and they are hereby, authorized to appoint three matrons for the
police department of said District, at a salary of six hundred dollars
per annum, as soon as the necessary accommodations may be author-
ized and provided by Congress, and the work completed.
SEC. 106. That it shall be the duty of said police matrons to search,
when necessary, examine, and care for the female prisoners who
may be taken into custody by the police, and to take charge of lost
or abandoned children while detained at a station-house to which a
matron may be assigned, under such rules and regulations as the
ºmissioners of the District of Columbia may from time to time
Iſla,K62.
SEC. 107. That no woman shall be appointed a police matron
unless suitable for the position, and recommended therefor in writ-
ing by at least ten women of good standing, residents of the Dis-
trict,
CHAPTER XLVII.-MILITIA.
385
S
e
C
#.3.
.
33.
CHAPTER FORTY-SEVEN.
MILITIA, -
. Militia organized ; persons to be en-
rolled in, and exceptions.
. Persons exempted from enrollment
in.
. Assessors of taxes to make list of
persons liable to enrollment.
Duty of militia.
. Commander in chief shall Order out ;
liable to trial and punishment,
when; mustered into service, when.
. President of the United States, Com-
mander in Chief.
. Commanding general ; appointment
of, etc.
. Staff officers; noncommissioned
staff.
. Detail of adjutant.
ACTIVE MILITIA.
. Organization of National Guard.
. Strength of, on peace basis.
. Regiments of infantry, to consist of.
. Battalions of infantry, to consist of.
. Companies of infantry, to consist of.
. Batteries to consist of, and equip-
ment.
. Signal, Ambulance, and Engineer
Corps, to consist of.
. Band, to consist of, and how ap-
pointed. .
. Disbanding of companies below mini-
mum strength.
. Commission of officers and oath of.
. Staff officers; by whom nominated.
. Field officers; by whom nominated.
Company officers; by w hom
elected.
. Election of Officers ; how.
. Examination of officers elect.
. Discharge of officers, when ; dis-
missal of officers, when.
. Non-commissioned officers, appoint-
ment and reduction of.
. Enlistment of soldiers; term of re-
enlistment, when.
. Oath of enlisted men; form of, etc.
. Honorable discharge of enlisted men
before expiration of Service ; when
and how.
. Dishonorable discharge of enlisted ;
how and for what causes.
. Discharge certificates of soldiers;
shall show what.
. Arms and equipments; kind and by
whom furnished.
. Transfer of public property by com-
manding general to staff officers :
regulations for issue and care of
public property.
Returnsby officers of public property;
liability of officers for public prop-
erty.
Sec.
34.
3
5
36.
37.
38.
39.
40.
41.
43.
45.
46.
48.
49.
Selling, pawning, destruction of, etc.,
of public property by officers or
soldiers; punishment for.
Responsibility of officers to account
for public property, and duty of
commanding officer as to accounts
Of Officers.
Unserviceable property ; how dis-
posed of.
Distinctive uniforms; how adopted;
when may be worn.
Right to own personal property by
organizations of National Guard;
actions for injuries to ; by whom
brought and where.
Armories, rooms for offices of staff,
places for storage of public prop-
erty, etc., to be provided ; by
whom.
Duties of officers and soldiers enume
rated ; penalty for military of-
fenses, what.
Drills and parades, and Ordering out
of militia by commanding general,
when ; assembling for drill, etc.,
of regiment or part thereof, by
whom and where.
. Inspection and muster of Organiza-
tions, when made ; inspection of
armories and public property,
when.
Camp duty, and provisions for.
. Use of Washington barracks; when
and for what.
|For suppression of riots, when may
militia be ordered out, how ; ex-
emption from liability for acts done
in discharge of duty, when.
Soldiers and officers excused from
duty, when ; liability for absence
from duty, penalty for.
. Right of way in streets or highways,
when ; exceptions to.
Parades and encampments, rules
governing ; intruders on camp
grounds, etc., may be arrested,
tried, and punished, how and by
whom.
Officers and employés of United
States and of District of Columbia,
who are officers or , soldiers of
National Guard ; leave of absence,
when and on what conditions.
25 C. S
. Courts of inquiry on conduct of offi-
cers; how composed; by whom Or-
dered ; duties.
. Courts-martial, general; of whom
they shall consist, and by whom
ordered.
. Trial of enlisted men for minor of
fenses; by whom ; sentences, etc.
. Proceedings in trials generally.
386
CHAPTER XLVII.-MILITIA.
District of Co-
lumbia militia.
organized.
T^ersons to be
enrolled.
Mar. 1, 1889.
25 Stat., 772, ch.
328.
2Sup. R. S., 661.
Exemptions.
Ibid., sec. 2.
Assessors to en-
roll.
Ibid., Sec. 3.
Duty.
Ibid... sec. 4.
Ordering in to
service.
IUid., Sec. 5.
Sec. . - ..? Sec. -
54. Arraignment, proceedings, trial, and 60. Duties of officers to be correlative
record in all courts-martial and with those of officers of Ut. S.
courts of inquiry to conform to U. Army.
S. Army regulations. 61. Discipline and field exercise ; system
55. General expenses of militia ; how of defined.
paid. 62. Regulations to be made and pub-
56. Band; how paid. lished, how ; by whom, and for
57. Subsistence of militia ; when fur- what.
nished, kind, etc.; how issued. 63. Act approved March 3, 1803, relating
58. Expenses of militia ; estimates for, to militia, repealed,
by whom made ; by whom dis- 64. Arms, etc., for proper equipment of
bursed. militia to be issued by Secretary of
59. Companies may make regulations for War; remains property of the
civic government, etc., how ; not United States, and to be accounted
to be repugnant to law, etc.; to be for. -
approved, by whom.
SEC. I. Every able-bodied male citizen resident within the District
of Columbia, of the age of eighteen years and under the age of
forty-five years, excepting persons exempted by section two, and
idiots, lunatics, common drunkards, Vagabonds, paupers, and per-
sons convicted of any infamous crime, shall be enrolled in the militia.
Persons so convicted after enrollment shall forthwith be disenrolled;
and in all cases of doubt respecting the age of a person enrolled, the
burden of proof shall be upon him.
SEC. 2. In addition to the persons exempted from enrollment in
the militia by the general laws of the United States, the following
persons shall also be exempted from enrollment in the militia of the
District of Columbia, namely: Officers of the government of the Dis-
trict of Columbia; judges and officers of the courts of the District
of Columbia; officers who have held commissions in the Regular or
Volunteer Army or Navy of the United States; officers who have
served for a period of five years in the militia of the District of
Columbia or of any State of the United States; ministers of the gos-
pel; practicing physicians; conductors and engine-drivers of rail-
road trains; members of the paid police and fire department.
SEC. 3. The Commissioners of the District of Columbia shall pro-
vide for the enrollment of the militia, and for this purpose may
require the assessors of taxes, at the same time they are engaged in
taking the assessment of valuation of real and personal property, to
make a list of persons liable to enrollment ; and such record shall
be deemed a sufficient notification to all persons whose names are thus
recorded that they have been enrolled in the militia. Immediately
after the completion of each enrollment they shall furnish the com-
manding-general of the militia with a copy of the same.
SEC. 4. The enrolled militia shall not be subject to any duty except.
when called into the service of the United States, or to aid the civil
authorities in the execution of the laws or suppression of riots.
SEC. 5. Whenever it shall be necessary to call out any portion of
the enrolled militia the commander-in-chief shall order out, by draft
or otherwise, or accept as volunteers as many as required. Every
member of the enrolled militia who volunteers, or who is ordered
out or drafted under the provisions of this act, who does not appear
at the time and place designated, may be arrested by order of the
commanding general and be tried and punished by a court-martial.
The portion of the enrolled militia ordered out or accepted shall be
mustered into service for such period as may be required, and the
commanding general may assign them to existing Organizations of
the active militia, or may Organize them as the exigencies of the
occasion may require.
CHAPTER xLviſ.-MILITIA.
387
SEC. 6. The President of the United States shall be the com-
mander-in-chief of the militia of the District of Columbia.
SEC. 7. There shall be appointed and commissioned by the Presi-
dent of the United States a commanding general of the militia of
the District of Columbia, with the rank of brigadier-general, who
shall hold office until his successor is appointed and qualified, but
may be removed at any time by the President.
SEC. 8. The staff of the militia of the District of Columbia shall
be appointed and commissioned by the President, and hold office
until their successors are appointed and qualified, but may bc
removed at any time by the President. It shall consist of One adju-
tant-general, with the rank of lieutenant-colonel; One inspector-
general, One quartermaster-general, One commissary-general, one
chief of Ordnance, one chief engineer, one surgeon-general, one judge-
advocate-general, and one inspector-general of rifle practice, each
with the rank of major ; and four aids-de-camp, each with the rank
of captain. The commanding general may appoint a non-commis-
sioned staff of the militia, to consist of One Sergeant-major, One
quartermaster-sergeant, one commissary-Sergeant, One Ordnance
Sergeant, two staff sergeants, one hospital-steward, one color-Ser-
geant, and One Sergeant-bugler.
SEC. 9. The President may assign an officer of the Army to act as
adjutant-general of the militia of the District of Columbia, who,
while so assigned, shall be commissioned as such and be subject to
the Orders of the commanding general and the provisions of this
act: Provided, however, That the officer so assigned shall receive
no other pay or emolument than that to which his rank in the Army
entitles him when on detached service. -
THE ACTIVE MILITIA: ITS ORGANIZATION.
SEC. 10. The active militia shall be composed of volunteers, and
shall be designated the National Guard of the District of Columbia;
and in case the militia of the District of Columbia are called into
the service of the United States, or required for the suppression of
riots, or to aid civil officers in the execution of the laws, shall be the
first to be ordered into service.
SEC. 11. In time of peace the National Guard shall consist of not
more than twenty-eight companies of infantry, which shall be
arranged by the commanding general into Such regiments, battalions,
and unattached companies as he may deem expedient; One battery of
light artillery; one signal corps; one ambulance corps; One engineer
corps; One band of music, and One corps of field musicians.
SEC. 12. Regiments of infantry shall consist of three battalions;
and to each regiment there shall be one colonel and one lieutenant-
colonel, and a staff to consist of One surgeon, one adjutant, one
quartermaster, one inspector of rifle practice, and one chaplain,
each with the rank of captain; and a non-commissioned staff, con-
sisting of One Sergeant-major, One quartermaster-Sergeant, one com-
missary-Sergeant, and One hospital-steward.
SEC. 13. Battalions of infantry shall consist of four companies;
and to each battalion there shall be one major; and a staff consisting
Of One Surgeon, one adjutant, one quartermaster, and One inspector
of rifle practice, each with the rank of first lieutenant, and a non-
commissioned staff, consisting One sergeant-major, One quarter-
master-Sergeant, and one hospital steward.
Commander-in-
chief.
Ibid., sec. 6.
Commanding
general.
Ibid., sec. 7.
Staff Officers.
Non-com mis-
sioned staff.
Ibid., sec. 8.
Detail for ad-
jutant-general.
Proviso.
Pay.
Ibid., sec. 9.
Active militia.
Organization of
National Guard.
Ibid., sec. 10.
Strength on
peace basis.
Ibid., sec. 11.
Regiments of in-
fantry.
Ibid., sec. 12.
Infantry bat-
talions.
Ibid., sec. 13.
388 CHAPTER XLVII.-MILITIA.
Infantry C om- SEC. 14. To each company of infantry there shall be one captain,
panies. One first lieutenant, One second lieutenant, one first sergeant, four
Ibid., sec. 14. Sergeants, one corporal to each ten privates, and not more than
- eighty-seven privates; and the minimum number of enlisted men
shall be forty.
Artillery battery. SEC. 15. The battery of light artillery shall have not less than
Ibid. s. 15. T four nor more thall six guns. To four guns there shall be one cap-
3. tain, two first lieutenants, one second lieutenant, one first sergeant,
One quartermaster-Sergeant, five Sergeants, eight corporals, two
buglers, and not more than eighty-two privates; and the minimum
Inumber of enlisted men shall be fifty-seven. To more than four
guns there shall be, for each additional gun, One sergeant, two cor-
porals, and not more than twenty nor less than ten privates; for two
additional guns there shall be one additional second lieutenant.
Signal, , ambu- SEC. 16. To each signal corps, ambulance corps, and engineer
... *śl corps, there shall be one first lieutenant, two sergeants, two cor-
pS. porals, and not more than thirty-two nor less than fourteen privates.
Ibid., sec. 16.
Band. SEC. 17. The band of music shall consist of one chief musician
Ibid., sec. 17. two sergeants, two corporals, and thirty-two privates, and the corps
of field music of one principal musician, two sergeants, two corporals,
and thirty-two privates. The chief musician, principal musician,
and other non-commissioned officers of the band and field music shall
be appointed by the commanding general. -
Disband in g of SEC. 18. When any company of the National Guard shall, for
tºpº be a period of not less than ninety days, contain less than the minimum
ºngº. ***** number of enlisted men prescribed by this act, or upon a duly ordered
*:::: inspection, shall be found to have fallen below a proper standard of
Ibid., Sec. 18, efficiency, the commanding general may either disband such com-
pany or consolidate it with any other company of the National
Guard, and grant an honorable discharge to the supernumerary
officers and non-commissioned officers produced by such consolida-
tion. Officers and enlisted men discharged by reason of such dis-
banding or consolidation and at any time thereafter re-entering the
service shall have allowed to them, as part of their term of service,
the time already served.
Commissioned ELECTION, APPOINTMENT, AND DISCHARGE OF COMMISSIONED OFFI-
Officers. CERS.
Commission. SEC. 19. All officers shall be commissioned by the President of
the United States. In time of peace, or when not in the service of
the United States, they shall previously be elected or nominated as
- herein provided. No person commissioned as an officer shall assume
Oath such rank, or enter upon the duties of the office to which he may be
º commissioned, until he has accepted such commission and taken such
Ibid., sec. 19. oath or affirmation as may be prescribed. -
Staff Officers. SEC. 20. The staff officers of a regiment or battalion shall be mom-
Ibid.º.o. Tinated by the permanent commander thereof.
Field officers. Sec. 21. Field officers of regiments or battallons shall be nomi-
Company of nated by the commanding general. Captains and lieutenants of
ficers. companies shall be elected by the written votes of the enlisted men
Ibid., sec. 21. Of the respective companies.
Elections. SEC. 22. Elections of officers shall be ordered and held under such
Ibid., sec. 22. regulations as may be prescribed by the commanding general,
CHAPTER XLVII.-MILITIA.
389
SEC. 23. Every person accepting an election or nomination as an
officer shall appear before an examining board, to be appointed by
Examinations.
Ibid.,sec. 23.
the commanding general, which board, shall examine said officer as
to his military and other qualifications. If any officer shall fail to
appear before the board of examination within thirty days after
being notified, or shall fail to pass a satisfactory examination, the
fact, shall be certified by the board to the commanding general, who
shall thereupon declare the election or nomination of such officer
null and void. If, in the opinion of the board such officer is com-
petent, and otherwise qualified, they shall certify the fact to the
commanding general, who shall thereupon recommend him to the
President for commission.
SEC. 24. A commissioned officer may be honorably discharged—
Upon tender of resignation; -
Upon disbandment of the Organization to which he belongs;
Upon report of a board of examination, or for failure to appear
before such board when ordered.
He may be dismissed upon the sentence of a court-martial; con-
viction in a court of justice of an infamous offense.
THE APIPOINTMENT AND REDUCTION OF NON-COMMISSIONED OFFICERS.
SEC. 25. Non-commissioned staff officers shall be appoined by the
permanent commander of the Organization to which they belong; and
permanent commanders of battalions shall appoint the non-com-
missioned officers of companies, upon the written nomination of the
respective captains; but they may withhold such appointment if, in
their judgment, there be proper cause; non-commissioned officers of
unattached companies shall be appointed by their respective Captains.
The permanent commander of any battalion Orunattached company
may reduce to the ranks any company non-commissioned Officers of
his command.
ENEISTMENT AND DISCHARGE OF SOLDIERS.
SEC. 26. Enlistment in the National Guard shall be for the term
of three years: Provided, however, That any soldier who may have
received an honorable discharge, by reason of the expiration of his
term of service, may, within thirty days thereafter, re-inlist for a
term of one, two, or three years, to date from the expiration of his
previous term. All terms of service, except in case of re-inlistment,
shall commence at noon on the day of enlistment, and expire at noon
on the day of discharge.
SEC. 27. Every person enlisting in the National Guard shall sign
an enlistment paper which shall contain an oath of allegiance to the
United States. The requisites and regulations for enlistment and
the form of enlistment paper and oath for enlisting men, shall be
prescribed by the commanding general.
SEC. 28. No enlisted man shall be honorably discharged before the
expiration of his term of service, except by Order of the command-
ing general, and for the following reasons:
Upon his own application, approved by the commanding officer of
his company, º superior commanders; r
Upon removal from the District; - . .
Upon disability, established by certificate of medical Officer;
To accept promotion by commission; #
Whenever, in the opinion of the commanding general, the interest
of the service demand such discharge. -
Discharges.
Ibid., sec. 24.
N on commis-
sioned officers.
Appointment.
Ibid., sec. 25.
Enlistment.
Term.
Proviso.
Re-enlistment.
Ibid., sec. 26.
Oath, etc.
Ibid., sec. 27.
Discharges:
Honorable.
Ibid., Sec. 28.
390
CHAPTER XLVII.—MILITIA.
Dishonorable.
Ibid., sec. 29.
Certificate of
discharge.
Ibid., sec. 30.
Arms, etc.
To be issued by
Secretary of War.
Ibid., Sec. 31.
Regulations for
issue, Care, etc.
Ibid., sec. 32.
Returns, etc.
Ibid., sec. 33.
Punishment for
selling, etc., pub-
lic property.
Ibid., sec. 34.
SEC. 29. Enlisted rhen shall be dishonorably discharged by order
of the commanding general: -
To carry out the sentence of a court-martial;
Upon conviction of felony in a civil court; -
Upon expulsion from his company, in accordance with its by-laws
Or regulations;
Upon discovery of re-enlistment after previous dishonorable dis-
charge. \
SEC. 30. Every soldier discharged from the service of the District
shall be furnished with a certificate of such discharge, which shall
state clearly the reasons therefor. Dishonorable discharges will
have the word “dishonorable” written or printed diagonally across
their faces, in large characters, with red ink, and the re-enlistment
clause will be erased by a line.
ARMS, UNIFORMS, AND EQUIPMENTS.
SEC. 31. The uniforms, arms, and equipments of the National
Guard shall be the same as prescribed and furnished to the army of
the United States. Every organization of the National Guard shall
be provided with such Ordnance and Ordnance stores, clothing, cam
and garrison equipage, quartermaster’s stores, medical supplies, .#
other military stores, as may be necessary for the proper training
and instruction of the force and for the proper performance of the
duties required under this act. Such property shall be issued from
the stores and supplies appropriated for the use of the Army, upon
the approval and by the #. of the Secretary of War, to the
commanding general, upon his requisitions for the same. The prop-
erty so issued shall remain and continue to be the property of the
United States, and shall be accounted for by the commanding gen-
eral at such times, in manner, and on such forms, as the Secretary
of War may require.
SEC. 32. The commanding general may transfer all public prop-
erty, received by him for the use of the National 㺠under the
provision of this act, to the several departmental officers of the gen-
eral staff, and may make and prescribe regulations for its issue by
them, and for its care and preservation by the Officers or soldiers to
whom issued.
SEC. 33. Every officer receiving public property for military use
shall be accountable for the articles so received by him, and shall
make returns of such property at such times, in such manner, and
on such forms as may be prescribed. He shall be liable to trial by
court-martial for neglect of duty, and also make good to the United
States the value of all such º defaced, injured, destroyed or
lost, by any neglect or default on his part, to be recovered in an
action of tort, or by any other action at law, to be instituted by the
judge-advocate-general of the militia at the Order of the command-
ing general. All money received on account of loss or damages shall
be paid in the Treasury of the United States, and shall be accounted
for by the commanding general in his returns to the Secretary of
War. Ar -
SEC. 34. Any officer or soldier who shall sell, dispose of pawn or
pledge, willfully destroy Or injure, or retain after proper demand
made, any public property issued under the provisions of this act,
shall be deemed guilty of a misdemeanor, and shall be punished by
imprisonment for not exceeding two months, or by a fine not exceed-
ing one hundred dollars, or by both; and it is hereby made the duty
of the judge of the police court of the District of Columbia, upon
CHAPTER XLVII.-MILITIA. 391
information filed or complaint, made under oath, to issue process
for the arrest of the offender, and to cause him to be brought before
the police court to be dealt with according to the provisions of this
section. - ( " '
SEC. 35. Until an officer, or his legal representative shall have ... Liability of of
received notice that the property accounts of such officer have been fleers.
examined and found correct, the liability of such officer, or of his Ibid., sec. 35.
estate, for public property for which he is or may have been respon-
sible shall be in no way affected by resignation, discharge, change
in official position, or death. Upon the death or desertion of an
officer responsible for public property his immediate commander
shall at once cause the property for which such officer was respon-
sible to be collected, and a correct inventory made by actual count
and examination; which inventory shall be forwarded to the com-
manding general, in Order that any deficiency may be made good
from the estate of the deceased or deserting officer; compensation
for such deficiency may be recovered in the manner provided in
section thirty-four.
SEC. 36. Property issued or provided under the provisions of this Unserviceable
act which becomes unfit for use, and is condemned as unserviceable Property.
shall be reported by the commanding general to the Secretary of Ibid., sec. 36.
War, and shall be disposed of as may be directed by him. -
SEC. 37. Any organization of the active militia may, with the . Distinctive uni-
approval of the commanding general, and at its own expense, adopt forms:
any other uniform than that issued to it; but such uniform shall Ibid.,sec. 37.
not be worn when such organization is on duty under the Orders of
the commanding general except by his permission.
SEC. 38. Organizations of the National Guard shall have the right Right, to own
to own and keep personal property, which shall belong to and be Personal Property.
under the control of the active members thereof; and the command-
ing officer of any organization may recover for its use any debts or
effects belonging to it, or damages for injury to such property; º tº
action for such recovery to be brought, in the name of such com- . Actiºns for in-
manding officer, before any justice of the peace, with the right of "**
appeal to the supreme court of the District of Columbia, or before Ibid., sec. 38.
the supreme court of the District of Columbia; and no suit or com- -
plaint pending in his name shall be abated by his ceasing to be
commanding officer of the organization; but, upon the motion of the
commander succeeding him, such commander shall be admitted to
prosecute the suit or complaint in like manner and with like effect
as if it had been originally 'commenced by him. s
SEC. 39. The quartermaster-general of the militia shall provide, Armories to be
by rental or otherwise, such armories for the National Guard as Pº”.
may be allowed and directed by the commanding general. He shall Ibid., sec. 39.
also provide each organization with such lockers, closets, gun-
racks, and cases or desks, as may be necessary for the care, preser-
vation, and safe-keeping of the arms, equipments, uniforms, records,
and other military property in their possession. He shall also pro-
vide suitable rooms for the Offices of the commanding general and
staff, for the keeping of books, the transaction of business, and the
instruction of officers, and also suitable places for the storage and
Safe-keeping of public property.
MILITARY DUTIES. Duties.
SEC. 40. Any drill, parade, encampment, or duty that is required, Drills, etc., to be
ordered, or authorizéd to be performed under the provisions of this **Y*Y.
act, shall be deemed to be a military duty, and while on such duty Ibid., sec. 40.
392
CHAPTER xlvii-MILITIA.
Prescribing
drills, etc.
Ibid., Sec. 41.
Annual inspec-
tion.
Ibid., Sec. 42.
Camp duty.
Ibid., sec. 43.
Use of Washing-
ton Barracks.
Ibid., Sec. 44.
Suppression of
riots, etc.
Ibid., sec. 45.
*See Sec. 4, ch.-,
Metro politan
Police.
Excuses from
duty.
Ibid., sec. 46.
every officer and enlisted man of the National Guard shall be sub-
ject to the lawful orders of his superior officers, and for any military
offense may be put and kept under arrest or under guard for a time
not extending beyond the term of service for which he is then ordered.
SEC. 41. The commanding general shall prescribe such stated drills
and parades as he may deem necessary for the instruction of the
National Guard, and may order out any portion of the National
Guard for such drills, inspections, parades, escort, or other duties, as
he may deem proper. The commanding officer of any regiment, bat-
talion, or company may also assemble his command, Or any part
thereof, in the evening for drill, instruction, or other business, as he
may deem expedient ; but no parade shall be performed by any reg-
iment, battalion, company, or part thereof, without the permission
of the commanding general.
SEC. 42. An annual inspection and muster of each Organization of
the National Guard, and an inspection of their armories and of pub-
lic property in their possession, shall be made at such times and
places as the commanding general may Order and direct.
SEC. 43. The National Guard shall perform not less than six con-
secutive days of camp duty in each year, at such time as may be
ordered by the commanding general; and the quartermaster-general
of the militia, subject to the approval of the commanding general,
shall provide, by rental or otherwise, a suitable camp ground for the
annual encampment of the militia, make the necessary provisions
thereon for the encampment, and provide necessary transportation
to and from the same for baggage and supplies.
SEC. 44. The National Guard shall have the use of the drill
grounds and rifle-range at the Washington Barracks, subject to the
approval of the Secretary of War, and the commanding general of
the militia shall provide such additional targets and accessories as
may be necessary for, the use of the militia.
SEC. 45. When there is in the District of Columbia a tumult, riot,"
mob, or a body of men acting together by force with attempt to com-
mit a felony or to offer violence to persons or property, or by force
and violence to break and resist the laws, or when such tumult, riot,
or mob is threatened, it shall be lawful for the commissioners of the
District of Columbia, or for the United States marshal for the Dis-
trict of Columbia, to call on the commander-in-chief to aid them in
suppressing such violence and enforcing the laws; the commander-
in-chief shall thereupon Order out so much and such portion of the
militia as he may deem necessary to suppress the same, and no mem-
ber thereof who shall be thus ordered out by proper authority for
any such duty shall be liable to civil or criminal prosecution for any
act done in the discharge of his military duty.
SEC. 46. No officer or soldier of the National Guard, when ordered
on duty to aid the civil authorities, or when ordered into the services
of the United States in obedience to the call or order of the Presi-
dent, shall be excused from such duty except upon the certificate of
the surgeon of his command of physical disability, such certificate
to be presented to the commanding general in case of an officer, or
to his company commander in case of a soldier. If such officer or
soldier fail to furnish such excuse he shall be tried and punished by
a court-martial. For absence from any other military duty required
or ordered under the provisions of this act the penalty shall be such
as may be prescribed by the commanding general, or the by-laws of
the organization to which the officer or soldier belongs,
CHAPTER XLVII.-MILITIA. w 393
SEC. 47. The United States forces or troops, or any portion of the , Parade, etc., to
militia, parading, or performing any duty according to law, shall have right of way.
have the right of way in any street or highway through which they Ibid., sec. 47.
may pass : Provided, That the carriage of the United States mails, Proviso.
the legitimate functions of the police, and the progress and opera- Mail, fire de-
#. § fire-engines and fire departments shall not be interfered with partment, etc.
ereby. -
SEC. 48. Every commanding officer, when on duty, may ascertain Rulesfor parades.
and fix necessary bounds and limits to his parade or encampment. * en C a m p-
Whoever intrudes within the limits of the parade or encampment e
after being forbidden, or whoever shall interrupt, molest, or obstruct Ibid., Sec. 48.
any officer or soldier while on duty, may be put and kept under -
guard until the parade, encampment, or duty be concluded: and the
commanding Officer may turn over such person to any police officer,
and said police officer is required to detain him in custody for exam-
ination or trial before the police court, and the judge thereof may
punish Such offense by a fine not exceeding twenty-five dollars.
SEC. 49. All officers and employees of the United States and of the ºnmental
District of Columbia who are members of the National Guard shall “P”*
be entitled to leave of absence from their respective duties, without Ibid., sec. 49.
loss of pay or time, on all days of any parade or encampment ordered
or authorized under the provisions of this act.
MILITARY COURTS. - Military courts.
SEC. 50. Courts of inquiry, to consist of not more than three offi- Courts of in-
cers, may be ordered by the commanding general, for the purpose 4” Y:
of investigating the conduct of any officer, either at his own request Ibid., sec. 50.
Or on a complaint or charge of conduct unbecoming an officer. Such
court of inquiry shall report the evidence adduced, a statement of
facts, and an opinion thereon, when required, to the commanding
general, who may, in his discretion, thereupon order a court-martial
for the trial of the officer whose conduct has been inquired into.
SEC. 51. General courts-martial for the trial of commissioned offi- Courts-martial.
cers or enlisted men shall be Ordered by the commanding general at Ibid., sec. 51.
such times as the interests of the service may require, and shall con-
sist of not less than five nor more than thirteen officers, and a judge-
advocate, none of whom shall be of less rank than the accused, when
it can be avoided. •.
SEC. 52. For the trial of enlisted men for all minor offenses the ... Tria 1s of en-
commanding officer of each battalion and unattached company shall, **
at such times as may be necessary, appoint courts-martial. Such Ibid., sec. 52.
battalion and company courts-martial shall consist, for a battalion,
of one officer, whose rank is not below that of captain ; and for a
company, of a lieutenant. Such courts shall have power, subject
to the approval of the officer ordering the court, to sentence to be
reprimanded by said officer in battalion or company orders; or, in
case of a company non-commissioned officers, to be reduced to the
ranks, or to pay such fines as may be imposed and allowed by the
regulations or by-laws of the organization to which the accused
belongs; and such court may, with the approval of the commanding
general, sentence to be reprimanded in general Orders Or to be dis-
honorably discharged. - -
SEC. 53. The president of a general court-martial or court of , P: oceedings in
inquiry, and the officer constituting a battalion or company court- trials.
martial, shall have power to administer the usual Oath to Witnesses, Ibid., sec. 53.
and may issue summonses for all witnesses whose attendance at
394,
CHAPTER XLVII.—MILITIA.
To conform to
Army trials.
Ibid., sec. 54.
General ex-
penses.
Ibid., sec. 55.
Payment to
band, etc.
Ibid., sec. 56.
Sub Sistence
while on duty.
Ibid., sec. 57.
Estimates.
Disbursements.
Ibid., sec. 58.
such court may, in his opinion, be necessary, and any officer or Sol-
dier failing to serve such summons, and any witness failing to appear
and testify when so summoned, shall be liable to trial by court-mar-
tial. º
SEC. 54. In all courts-martial and courts of inquiry the arraign-
ment of the accused, the proceedings, trial, and record shall in all
respects conform as nearly as practicable to the regulations for the
same in the Army of the United States.
EXPENSES AND ALLOWANCES.
SEC. 55. There shall be allowed for the general expenses of the
militia such sums as may be necessary for the rental and furnishing
of offices for headquarters, stationery, postage, printing and issuing
orders, advertising orders, providing necessary i. for the use of
the militia, the cost of storing, caring for, and issuing all public
property, and such other contingent expenses, not herein specially
provided for, as may be estimated and º. for; the accounts
for which shall be certified to by the officer receiving the service or
property charged for, approved by the commanding general, and
paid in the manner provided in section sixty.
SEC. 56. During the annual encampment, and on every duty or
parade ordered by the commanding general, there shall be allowed
and paid for each day of Service: To each member of the regularly
enlisted band, four dollars; to each member of the regularly enlisted
corps of field music, two dollars; to the chief musician, eight dol-
lars, and to the principal musician, six dollars. In event there is no
enlisted band or field music, or not a sufficient number of either, the
commanding general may authorize the employment of such as he
may deem necessary for the Occasion. The payments for bands of
music and drum corps shall be made in the manner provided in Sec-
tion sixty. - - -
SEC. 57. During the annual encampment, or when ordered on duty
to aid the civil authorities, the National Guard shall be furnished
with subsistence stores, of the kind, quality, and amount allowed
and prescribed by the Army. Such stores shall be issued from the
stores and supplies º for the use of the Army, upon the
approval and by the direction of the Secretary of War, to the com-
manding general upon his requisitions for the same.
SEC. 58. The commanding general shall annually transmit to the
Commissioners of the District of Columbia, an estimate of the amount
of money required for the next ensuing fiscal year to pay the expenses
authorized by this act, and the said Commissioners shall include the
same in their annual estimates of appropriations for the District;
and all money appropriated to pay the expenses authorized by this
act shall be disbursed by the Commissioners of the District of Colum-
bia, upon vouchers duly certified and approved by the commanding
general, and accounted for by them in the same manner as all other
moneys appropriated for the expenses of the District.
Regulations.
Provisos.
GENERAL PROVISIONS.
SEC. 59. Companies, battalions, or regiments may adopt constitu-
tional articles of agreement or by-laws, subject to the approval of
the commander-in-chief, for the government of matters relating to
the civic affairs of their respective organizations, the regulation of
fines for non-performance of duty, and the determination of causes
upon which excuses from fines may be based: Provided, however,
CHAPTER XLVIII.-MORTGAGES. 395
That such articles or rules shall not be repugnant to law or the reg- Not to be repug-
ulations for the government of the militia: And provided further, nant to law, etc.
That the articles or rules adopted by any company or battalion shall Company, and
not be repugnant to the articles or rules adopted for the general battalion rules.
government of the regiment or battalion to which it belongs. . Cer- Ibid., sec, 59.
tified copies of such articles or rules, with like copies of all altera-
tions, as finally approved by the commanding general, shall be
deposited in the office of the adjutant-general. -
SEC 60. The departmental and military duties of the officers pro- Duties of off-
vided for in this act shall be correlative with those discharged by 9°5. f
similarly designated officers in the Army of the United States. Ibid., sec. 60.
SEC. 61. The system of discipline and field-exercise ordered to be Discipline.
observed by the Army of the United States, or such other system as Toid. 61.
may hereafter be directed for the militia by-laws of the United States, 2
shall be observed by the National Guard.
SEC, 62. The commanding general, subject to the approval of the Commanding
commander-in-chief, is authorized to make and publish regulations fºliº make
for the government of the militia in all matters not specifically pro- ****
vided for by law, conforming the same to the practice and regula- Ibid., sec. 62.
tions of the Army so far as they may be applicable. -
Sec. 63. The act “more effectually to provide for the organization Repeal.
of the militia of the District of Columbia,” approved March third, ſº *P*
-eighteen hundred and three, is hereby repealed. . sº C., ch.
- Ibid., sec. 63.
SEC. 64. That the Secretary of War be, and he is hereby, author- District of Co-
ized to issue from the stores of the Army such arms, ordnance stores, lumbia.
quartermasters stores, and camp equipage, to the militia of the p Arms, d"; to
District of Columbia as he may deem necessary for their proper Éia." “ ”
-equipment and instruction. The property so issued shall remain
and continue to be the property of the United States, and shall be §§ º º
annually accounted for in such manner as the Secretary of War a U., Ö3'ſ.
may require.
CHAPTER FORTY-EIGHT.
MORTGAGES,
Sec. | Sec.
1. In suits to foreclose mortgages, tender entered at defendant's request, and
in court by mortgagor of principal, all parties be bound thereby.
interest, and costs deemed full satis- || 3. Proviso to preceding two sections;
faction; mortgagee to Surrender when right to redeem is forfeited;
possession. - money, due not adjusted or when
2. In suits to foreclose decree may be prejudicial to subsequent mortgage.
SEC. 1. Whereas mortgagees frequently bring actions of ejectment In suits to fore-
for the recovery of lands and estates to them mortgaged, and bring close mortgage,
actions on bonds given by mortgagors to pay the money secured by tender in court by
such mortgages, and for performing the covenants therein contained, .#.
and likewise commence suits in [His Majesty's] courts of equity, to . . º
foreclose their mortgagors from redeeming their estates; and the satisfaction; mort.
courts of law, where such ejectments are brought, have not power gagee to surren-
to compel such mortgagees to accept the principal monies and inter- *P*
ests due On such mortgages, and costs, or to stay such mortgagees 7 George II, ch.
from proceeding to judgment and execution in such actions; but such 30.sec. 1, A. D.
mortgagors must have recourse to a court of equity for that purpose, *
396
CHAPTER XLVIII.—MORTGAGES.
Alex. Brit. Stat.,
725,726,727.
Kilty's Rep',285.
in which case likewise the courts of equity do not give relief until
the hearing of the cause: For remedy thereof, and to obviate all
objections relating to the same: -
Be it enacted by the King’s most eaccellent Majesty, by and with the
advice and consent of the lords Spiritual and temporal, and commons,
in this present Parliament assembled, and by the awthority of the
same, That [from and after the first day of Easter term, one thou-
sand seven hundred and thirty four, where any action shall be
brought on any bond for payment of the money Secured by such
mortgage, or performance of the covenants therein contained, or
In suits to fore-
close decree may
be entered at de-
fendant's request,
and all parties be
bound thereby.
Ibid., sec.2. -
Alex. Brit. Stat.,
727,728. -
Kilty's Rep.,285.
where any action of ejectment shall be brought in any [of His
Majesty's] courts of record at [Westminster, or in the Court of Great
Sessions in Wales, or in any of the Superior courts in the counties
Palatine of Chester, Lancaster or Durham, by any mortgagee or
mortgagees, his, her, or their heirs, executors, administrators, or
assigns, for the recovery of the possession of any mortgaged lands,
tenements, or hereditaments, and no suit shall be then depending in
any of [His Majesty's] courts of equity, [in that part of Great Britain
called England, for or touching the foreclosing or redeeming of such
mortgaged lands, tenements, or hereditaments; if the person or per-
sons having right to redeem such mortgaged lands, tenements, or
hereditaments, and who shall appear and become defendant or
defendants in such action, shall at any time, pending such action,
pay unto such mortgagee or mortgagees, Or, in case of his, her, or
their refusal, shall bring into court, where such action shall be
depending, all the principal monies and interest due On Such mort-
gage, and also all such costs as have been expended in any suit or
suits at law or in equity upon such mortgage (such money for prin-
cipal, interest, and costs to be ascertained and computed by the court
º such action is or shall be depending, or by the proper officer
by such court to be appointed for that purpose) the monies so paid
to such mortgagee or mortgagees, or brought into such court, shall
be deemed and taken to be in full satisfaction and discharge of such
mortgage, and the court shall and may discharge every such
mortgagor, or defendant, of and from the same accordingly; and
shall and may, by rule or rules of the same court, compel such mort-
gagee or mortgagees, at the costs and charges of such mortgagor or
mortgagors, to assign, Surrender, or reconvey such mortgaged lands,
tenements, and hereditaments, and Such estate and interest, as such
mortgagee or mortgagees have or hath therein, and deliver up all
deeds, evidences, and writings, in his, her, or their custody, relating
to the title of such mortgaged lands, tenements, and hereditaments,
unto such mortgagor or mortgagors, who shall have paid or brought
such monies into the court, his, her, or their heirs, executors, or
administrators, or to such other person or persons, as he, she, or
they, shall for that purpose nominate or appoint. * * -
SEC. 2. And be it further enacted by the authority aforesaid, That
from and after the said first day of Easter term, one thousand seven
hundred and thirty four, where any bill or bills, suit or suits, shall
be filed, commenced, or brought in any ſº His Majesty's] courts of
equity, [in that part of Great Britain called England, by any person
or persons having or claiming any estate, right, or interest, in any
lands, tenements, or hereditaments, under or by virtue of any mort-
gage or mortgages thereof, to compel the defendant or defendants
in such suit or suits (having or claiming a right to redeem the same)
to pay the plaintiff or plaintiffs in such suit or suits, the principal
money and interest due on any such mortgage, or the principal
money and interest due on such mortgage, together with any sum
Or sums of money due on any incumbrance or specialty, charged
or chargeable on the equity of redemption thereof, and in default of
payment thereof, to foreclose such defendant or defendants of his,
CHAPTER xix.-NEGLIGENCE CAUSING DEATH. 397
her, or their right or equity of redeeming such mortgaged lands,
tenements, or hereditaments; such court and courts of equity, where
such suit or suits shall be depending, upon application made to such
court by the defendant or defendants in such suit, having a right to
redeem such mortgaged lands, tenements, or hereditaments, and
upon his or their admitting the right and title of the plaintiff or
#. in such suit, may and shall at any time or times, before
such suit or cause shall be brought to hearing, make such Order or
decree therein, as such court or courts might or could have made
therein, in case such suit or cause had then been regularly brought
to hearing before such court or courts; and all parties to such suit
or suits shall be bound by such order or decree so made, to all intents
and purposes, as if such order or decree had been made, by such
court, at or subsequent to the hearing of such cause or Suit ; any
usage to the contrary thereof in any wise notwithstanding.
SEC. 3. Provided always, That this act, or anything herein con- Proviso to pre-
tained, shall not extend to any case where the person or persons ; i. †
against whom the redemption is or shall be iºd. shall (by writing ... .".
under his, her, or their hands, or the hand of his, her, or their attor-troverted; money
ney, agent, or solicitor, to be delivered before the money shall be due not adjusted
brought into such court at law, to the attorney or solicitor for the 9. "...i.
Other side) insist, either, that the party praying a redemption has : sequent
not a right to redeem, or that the premisses are chargeable with gage.
other or different principal sums, than what appear on the face of ..." George H. &.
the mortgage, or shall be admitted on the other side; nor to any % fee. 3, A. D.
case where the right of redemption to the mortgaged lands and Kidz, Brit. Stat.,
premises in question in any cause or suit shall be controverted or 728.
questioned by or between different defendants in the same cause or
Suit ; nor shall be any prejudice to any subsequent mortgagee Or
mortgagees, or subsequent incumbrancer ; anything in this act Con-
tained to the contrary thereof in any wise notwithstanding.”
CHAPTER FORTY-NINE.
NEGLIGENCE CAUSING DEATH.
Sec. Sec.
1. Actions for damages where death 2. Action in such cases must be brought
Caused by negligence or wrongful within one year, by personal repre-
act of person or corporation; extent sentative.
of damages; no action if damages 3. Damages recovered inure to family of
have been recovered during life. deceased.
AN ACT to authorize suits for damages where death results from the wrongful act Person or cor-
or neglect of any person or corporation in the District of Columbia. poration causing
e is e © * * * h * l
SEC. 1. That whenever, by an injury done or happening within *º
the limits of the District of Columbia, the death of a person shall be fault, to be liable
caused by the wrongful act, neglect, or default of any person or for damages, not-
corporation, and the act, neglect, or default is such as would, if ..º.º.;
death had not ensued, have entitled the party injured, or, if the . jº per-
person injured be a married woman, have entitled her husband, tº
either separately or by joining with the wife, to maintain an action º 17, º h
and recover damages, the person who or corporation which would 12. º , Ch.
have been liable if death had not ensued shall be liable to an action £roviso.
for damages for such death, notwithstanding the death of the person
injured, even though the death shall have been caused under circum; Damages in no
stances which constituteafelony and such damages shall be assessed cajºlei';
With reference to the injury resulting from such act, neglect, or $10,000.
*For clandestine mortgages, see chapter “Fraud and Fraudulent Conveyances,” ante, secs. 24, 25.
398 CHAPTER L.-OFFICERS OF COURTS, FEES AND COSTS.
Proviso. . . . default causing such death, to the widow and next of kin of such
diº : t; fºo!* deceased person. ... Provided, That in no case shall the recovery under
ered ãºn. i;..." this, act exceed the sum of ten thousand dollars. ... And provided
6 Mackey Rep., further, That no action shall be maintained under this act, in any
335, Kent vs. case when the party injured by such Wrongful act, neglect, or default,
Penna. Ry.;70Md. has r º ges therefor during the life of su rty.
Rep., 319, Harvey as recovered damages G 8–5 of such party
vs. B. and O. Ry.; 21 Wash. Law Rep., 179, Weaver vs. B. and O. Ry; 152 U.S. Rep. ,
230, Louisville Ry vs. Clark.
º *: SEC. 2. Every such action shall be brought by and in the name
..". \; º: of the personal representative of such deceased person, and within
sonal representa- one year after the death of the party injured.
tives of deceased.
Ibid., sec. 2. 6 Mackey Rep., 335, Kent vs. Penna. Ry.; 18 Wash. Law Rep., 767,
Mackey vs. B. and P. Ry. f
cº. SEc. 3. The damages recovered in such action shall not be appro-
efit of family. priated to the payment of the debts or liabilities of such deceased
id...sec. 3 person, but shall inure to the benefit of his or her family, and be
*** distributed according to the provisions of the statute of distributions'
in force in the said District of Columbia. -
CHAPTER FIFTY.
OFFICERS OF COURTS, FEES AND COSTS.
Sec. Sec.
1. Fees of clerk, marshal, and attor- .22. Pay of deputies, clerk hire, office
ney for United States. - rent, etc., out of fees of office.
2. Per diem of marshal and clerk. 23. Fees of District attorney, how pay-
3. Table of fees of marshal and clerk. able.
4. Fee bills must not be abbreviated; 24. Compensation of District attorney
* penalty. limited. *.
5. Defendants entitled to full copies of 25. Prosecution of frauds on the reve-
costs from clerk. *. Ilúl62.
6. Accounts of officers’ fees shall be 26. Allowance to District attorney for
made out in full when required. clerk hire ; compensation of Dis-
7. Costs recovered payable only in trict attorney. -
. money. 27, Fees of District attorney in revenue
8. Attendance of officers at criminal Cases and in Suits on official bonds.
term. - 28. Fees of District attorney on bonds,
9. Fees of coroner, jurors, and wit- when allowed.
messes at inquests. * 29. Fees of District attorney for defense
10. Pay of bailiffs and criers. of revenue cases.
11. Two additional criers appointed. 30. Accounts of District attorney, how -
12. No relation of judge to be appointed settled, etc.
as officer of his court. 31. Attorneys, admission to practice
13. U. S. attorney, appointment and du- and disbarments.
ties; vacancy in office of, how 32. Attorneys, misconduct of, how pun-
filled. islaed.
14. U. S. attorney, term and oath of. 33. Attorneys, women to be admitted
15. U. S. attorney, duties of. as in U. S. Supreme Court.
16. Statement of suits for fines, pen- || 34. Attorneys, fees to be taxed.
alties, and forfeitures. 35. Fees allowed attorneys, solicitors,
17. Returns by District attorneys to So- and proctors. -
* licitor of Treasury. 36. Auditor, appointment, oath, duties,
18. Returns by District attorney to Com- and compensation ; auditor re-
missioner of Internal Revenue. quired to adjust accounts of clerk.
19. Reports by District attorney to De- || 37. Auditor, payment of his fees, how
partment of Justice. f enforced.
20. District attorney and deputy can 38. Auditor, special auditor may be ap-
administer oaths, etc. pointed by court.
21. District attorney not allowed for 39. Marshal, appointment and duties of.
pay of deputy or office expenses. | 40. Marshal, term of office. ”
CHAPTER L.-OFFICERS OF COURTS, FEES AND COSTs.
399
Sec.
41.
57.
58.
59.
60.
Marshal, deputies, appointment and
removal of.
. Marshal, oath of marshal and dep-
uties. -
. Marshal, bond of.
. Suits on marshal’s bond; costs.
. Bond of marshal to remain after
judgment as further security.
. Limitation of suit on marshal’s bond.
. Marshal, his duties.
. When marshal or deputy party to
suit, process to be executed by
special appointee.
. Census to be taken by marshal.
. Death of marshal, deputies to per-
form his duties in his name; his
bond liable, when ; reme dy
against deputies.
. Marshals and deputies, when re-
moved or term expires, may exe-
cute writs, etc., in hands.
. Returns of marshal to Solicitor of
Treasury.
w
, Returns of marshal to Auditor of
Post-Office Department.
. Process against foreign ministers
and their domestics, Void.
. Penalty for suing out or executing
such process.
. When process may issue against
persons in Service of foreign min-
isters.
List of names of servants of minis-
ters, access to.
Vacancies in office of marshal and
District attorney, how filled.
Fees of marshal in certain cases.
Marshals and deputies may execute
writs issued by justices of the
peace ; fees for same.
. When marshal fails to pay over
money received under section 60,
proceedings.
. Prepayment of marshal's fees.
. Marshal's fees.
. Poundage fees of marshal.
. Certain fees and expenses to be paid
to marshal.
. Fees not allowed certain officers for
attendance on rule days, etc.
. Semiannual returns of fees by Dis-
trict attorney, marshal, and clerk.
. Semiannual returns to include, etc.
. Marshal's compensation, expenses,
pay of deputies, etc.
. Additional compensation in prize
causes to clerk and marshal.
. Allowances to clerk, marshal, and
District attorney shall come out
of fees for each year.
. Surplus fees to be paid into Treas-
ury.
Sec.
73
76.
. Bond of clerk.
78.
79.
80.
103.
104.
105.
106.
107.
Accounts of clerk, marshal, and
district attorney to be audited,
etc.
. Accounts to be certified by judge,etc.
75.
Clerk of Supreme court, appoint-
ment, Oath, and bond , clerk pro-
hibited from delivering any blank
writ.
Oath of clerk.
Assistant clerks, powers of.
Assistant clerks, bond of ; liability
of clerk for acts of assistants.
Clerk to forward to Solicitor of
Treasury list of judgments for or
against United States. -
. Account of payment and moneys in
court to be stated by the clerk.
. When clerks may administer oaths
as to papers in admiralty cases.
. Plaintiff at commencement of suit
to make deposit for costs; refund,
when.
. Poor persons; when not required to
make deposit for costs.
. Copies from justice of peace dock-
ets, clerk shall furnish, etc.
. Effect of such copies.
. Fees of clerk ; when payable.
. Fees of clerk.
. Fees of clerk in certain cases.
. Semiannual return of fees of clerk.
. Limit of salary, etc., of clerk; ex-
cess, after paying expenses of Of-
fice, to be paid into Treasury.
. Adjustment of clerk’s account.
, Decree of court on same.
. Account of clerk; how settled.
. Copy of decree of court on clerk's
aCCOunt.
. Security for costs in actions brought.
. Usee's liability for costs.
. Usee, when liable for costs, name
to be indorsed on writs.
. Costs on appeals.
. Costs in slander limited.
. Each defendant ; when entitled to
recover costs.
. Defendant recovers costs where de-
murrer sustained or appeal af-
firmed, etc.
No distress shall be taken except by
bailiffs known and sworn.
Defendants shall not recover costs
against the United States.
On monsuit plaintiff shall pay dam-
ages to defendant in personal ac-
tions. --
Costs given to defendant when ver-
dict in his favor.
Defendant shall recover costs On.
quashing writ of error.
- Addenda. 1. Fees of justices of the peace.
2. Fees Of constables.
SEC. 1. The fees of the clerk, of the marshal, and of the United
States district attorney, except, in each case, so far as differently
specified in this chapter, shall be the same as the fees respectively
allowed to clerks of the district and circuit courts, marshals,
attorneys, solicitors, and proctors, by chapter sixteen, “Fees,” of
Title XIII, “The Judiciary,” of the Revised Statutes.
Fees of clerk,
marshal, and at-
[See R. S. U. S., pp. 153–161.]
torney.
Sec. 897, R. S.
400 CHAPTER L.-OFFICERS OF COURTS, FEES AND COSTs.
\
Per diem of SEC. 2. The marshal and clerk shall receive their daily compensa-
marshaland clerk, tion for attending court. *
Sec. 898, R.S. D. C.
Table of fees of SEC. 3. It shall be the duty of the marshal and clerk to make a
marshaland clerk: table of their respective fees, in dollars and cents, according to law,
Sec. 899, R. S. and to keep a copy thereof, at all times, exposed to public view in
. C their respective offices. -
Fee bills must SEC. 4. All the several and respective officers within this District
º: *evi. [province] shall be, and are by virtue of this act, obliged to draw
** out the particulars of their fees in a fair legible hand, and in words
Md. act 1781, ch, at full length, and on failure thereof, such officer to lose such fees so
15, Sec. 2. ’ expressed in words cut off or abbreviated.
, Jamison vs. State. 1 Dorsey, 78. 1 Kilty, 219. 55 Md. Rep.,103.
. Defendants en- SEC. 5. The several clerks of the several courts of record, and reg-
º ister of the court of chancery, within this District [province, shall
-- * be and they are hereby obliged to deliver to the defendants, if
Ibid., sec. 2. required, full copies, in a fair legible hand, of all the costs of suit
1 Kilty, 220, recovered against such defendant; and that if any clerk or register
| Porsey, 79, shall refuse so to do, he shall forfeit and pay the sum of two thousand
pounds of tobacco [$33.33%). (sees 887, R. S. D. C.)
Accounts of of SEC. 6. Accounts of all officers’ fees in this act mentioned,” shall
ficers' fees shall be be made out in a fair and clear manner, and in words at length;
º: 3. in. ful and whenever any person or persons interested in them, or to whom
* the same shall be charged, shall require a copy of such account, the
Md. act 1779, ch. Several officers shall and are hereby required to give such person so
25, sec. 9. applying therefor, in as short a time as may be convenient, an account
| ñº,"; of such charge in words at length.
Costs recovered SEC. 7. All costs recovered by judgment, or decree, shall hereafter
º *Y * be payable and paid in money, and not otherwise.
Ibid., sec. 15. 1 Kilty, 550.
Attendance at SEC. 8. The district attorney, marshal, and clerk shall attend the
°riminal term special term sitting as a criminal court, and perform all the duties
Sec. 900, R. S. required of them by law in relation to the Criminal business of the
. C. court. -
Fees of coroner, SEC. 9. There shall be paid to the coroner of the District, and to
etc. the jurors and witnesses who may be lawfully summoned in any
Sec. 901. R. S. inquest, the same fees and compensation as paid to the marshal and
-g: --- the jurors attending the Supreme court.
2 Wall., 501, Levy Court vs. Coroner. º
Pay of bailiffs SEC. 10. The marshal shall pay to each bailiff and crier who shall
and Criers. be required to attend upon the district, circuit, and criminal terms
Sec. 902, R. S. of the Supreme court, three dollars and fifty cents for each day’s
D. C. attendance, respectively.
Two additional SEC. 11. That the supreme court of the District of Columbia be,
9.º.º. Prºe and is hereby, authorized and empowered to appoint two additional
;"cº. criers to attend the sessions ºf the said court in its different branches
to which they may be severally assigned by the chief justice thereof.
§. 18; The compensation of the said criers shall be each four dollars per
22 Stat., 127. day during actual attendance upon the Said court, payable as the
other officers of the court are paid.
* Clerk, crier, coroner, notary, register of wills, [marshal, and Surveyor.
CHAPTER L.-OFFICERS OF COURTS, FEES AND COSTS. 401,
SEC. 12. That no person related to any justice or judge of any ... No relation of
court of the United States by affinity or consanguinity, within the . ãº:
degree of first cousin, shall hereafter be appointed by such court or "...”
judge to or employed by such court Or judge in any office or duty in
any court of which such justice or judge may be a member. *ś, *
Sec. 7.
|UNITED STATES DISTRICT ATTORNEY.
SEC. 13. There shall be appointed an attorney of the United States ...ºnited States
for the District, who shall take the oath and perform all the duties *...*.*.*
required of district attorneys of the United States.” * ~~~~
[See §§ 90, 1069–1071, R. S. D. C.) ps: 904, R. S.
2 Cranch, C. C.,659, Levy Court vs. Ringgold.
Sec. 14. District attorneys shall be appointed for a term of four Term and oath
years, and their commissions shall cease and expire at the expiration of district attor-
of four years from their respective dates. And every district ºf
attorney, before entering upon his office, shall be sworn to a faithful ...Sec. 769, R. S.
execution thereof. 2’ U. S.
SEC. 15. It shall be the duty of every district attorney to prose- Duties of dis-
cute, in his district, all delinquents for crimes and offenses cognizable trict attorneys.
under the authority of the United States, and all civil actions in Tse, mi E. s.
which the United States are concerned, and, unless otherwise U. S. ' ' ' ' " ' "
instructed by the Secretary of the Treasury, to appear in behalf of 8 Mackey Rep.,
the defendants in all suits or proceedings pending in his district 85, U.S. ºs. Dra-
against collectors, or other officers of the revenue, for any act done ; 8 fied Rep.,
by them or for the recovery of any money exacted by or paid to such stone; ; Biaº.
officers, and by them paid into the Treasury. Rep., 424, U. S.
vs. Doughty; 5 Pet., 451, Levy Court vs. Ringgold; 23 Law Rep., 145, U. S. vs. Cor-
rie ; 4 Blatch., 418, U. S. vs. McAvoy ; 2 Curt. C. C., 153, U. S. vs. Stowell; The Anna,
Blatch. Pr. Cas., 337; The Peterhoff, Blatch. Pr. Cas., 463; Crabbe, 135, U. S. vs.
Ingersoll. - -
SEC. 16. Every district attorney shall, on instituting any suit for Statement of
the recovery of any fine, penalty, or forfeiture, immediately trans- sº for fines,
mit to the Solicitor of the Treasury a statement thereof. pº, and for-
- Sec. 772, R. S. U. S.
SEC. 17. Every district attorney shall, immediately after the end . Returns of dis-
of every term of the circuit and district courts for his district, for- ; º: º
ward to the Solicitor of the Treasury, except in the cases provided i. O I U. Il G
for in the next section, a full and particular statement, accompanie # t
by the certificate of the clerks of said courts, respectively, of all tºº. 773, R. S.
causes pending in said courts, and of all causes decided therein during ‘’’ ‘’’
such term, in which the United States are party. He shall also, on
the first day of October in each year, make a return to said Solicitor
of the number of suits and proceedings commenced, pending, and
determined within his district during the fiscal year next preceding
the date of such return, showing the date when such proceeding or
suit in each case was commenced. If the determination thereof has
been delayed or continued beyond the usual or reasonable period,
the reasons must be set forth, and a statement must be made of the
measures taken by the district attorney to press such proceedings or
suits to a close.
SEC. 18. When any suit Or proceeding arising under the internal- Returns of dis-
revenue laws, to which the United States are party, or any suit or 3. attorneys º
proceeding against a collector or other officer of the internal revenue, ...
e e ſº º º Internal Revenue.
wherein a district attorney appears, is commenced, the attorney for *** ****
*Vacancy in office of district attorney, how filled. See sec. 793, R. S. U. S.
26 C S
402
CHAPTER L-OFFICERS OF COURTS, FEES AND COSTS.
Sec. 774, R. S.
TU. S.
Reports by dis-
trict attorney to
Department of
Justice.
Sec. 775, R. S.
TJ. S.
2 July, 1836, ch.
170, sec. 16, v. 5, p.
83
8 June, 1872, ch.
335, sec. 309, v. 17,
p. 324.
Oaths and affir- -
mations.
Sec. 905, R. S.
D. C.
No allow a no e
for deputy, or for
office expenses.
Sec. 906, R. S.
D. C.
To pay his depu-
ties, etc.
Sec. 907, R. S.
D. C.
Fees, how pay-
able.
Sec. 908, R. S.
. C. -
Limit to com-
pensation.
Sec.909, R.S.D.C.
Prosecution of
frauds on the rev-
CIllle.
Sec. 838, R. S.
|U. S.
23 Fed. Rep., 26,
re Dist, attorney.
the district in which it is brought shall immediately report to the
Commissioner of Internal Revenue the full particulars relating to
the same ; and he shall, immediately after the end of each term of
the court in which such suit or proceeding is pending, forward to the
said Commissioner a full and particular statement of its condition.
SEC. 19. Each district attorney shall, immediately after the end of
every term in which any suit for moneys due on account of the Post-
Office Department has been pending in his district, forward to the
Department of Justice a statement of any judgment or order made,
Or step taken in the same, during such term, accompanied by a certif-
icate of the clerk, showing the parties to and amount of every such
judgment, with such other information as the Department of Justice
may require. And the said attorney shall direct speedy and effectual
execution upon said judgment, and the United States marshal to
whom the same is directed shall make returns of the proceedings
thereon to the Department of Justice, at such times as it may direct.
SEC. 20. The district attorney, and every assistant or deputy duly
appointed by him, is empowered to administer oaths or affirmations
to witnesses in criminal cases, and in all cases where a justice of the
peace is authorized to do so; and if any person to whom such oath or
affirmation shall be administered shall willfully and falsely swear or
affirm touching any matter or thing material to the point in question
whereto he shall be examined, he shall be deemed guilty of perjury,
and upon conviction thereof shall be sentenced to suffer imprisonment
and labor in the penitentiary, for the first offense for a period of not
less than two nor more than ten years, and for the second offense for
not less than five nor more than fifteen years.
SEC. 21. There shall not be allowed to the district attorney any
compensation for any permanent assistant or deputy, nor any sum
for office expenses, clerk-hire, fuel, stationery, or other incidental
expenses. -
SEC. 22. He shall pay to his deputies or assistants not exceeding,
in all, four thousand dollars per annum, also his clerk-hire, not
exceeding twelve hundred dollars per annum, office-rent, fuel,
º printing, and other incidental expenses, out of the fees of
IS OTTLC62.
SEC. 23. Such fees shall be paid to him quarterly at the Treasury
of the United States, on the first days of January, April, July, and
October, in each year, upon a return in writing made to the Secretary
of the Treasury, in such form as the Secretary shall prescribe, em-
bracing all the fees and emoluments of his office, under the oath of
the district attorney, and the certificate of a judge or justice of the
court wherein the services may have been rendered, that the services
for which fees are charged have been performed.
SEC. 24. The compensation of the district attorney shall not exceed
six thousand dollars per annum.
SEC. 25. It shall be [the] duty of every district attorney to whom
any collector of customs, or of internal revenue, shall report, accord-
ing to law, any case in which any fine, penalty, Or forfeiture has
been incurred in the district of such attorney for the violation of
any law of the United States relating to the revenue, to cause the
proper proceedings to be commenced and prosecuted without delay,
for the fines, penalties, and forfeitures in such case provided, unless,
upon inquiry and examination, he shall decide that such proceed-
ings can not probably be sustained, or that the ends of public jus-
CHAPTER L.-OFFICERS OF COURTS, FEES AND COSTs. 403
tige do not require that such proceedings should be instituted; in
which case he shall report the facts in Customs cases to the Secretary
of the Treasury, and in internal-revenue cases to the Commissioner
of Internal Revenue for their direction. And for the expenses
incurred and services rendered in all such cases, the district attor-
ney shall receive and be paid from the Treasury such sum as the
Secretary of the Treasury shall deem just and reasonable, upon the
Certificate of the judge before whom such cases are tried or disposed
of: Provided, That the annual compensation of such district attor-
ney shall not exceed the maximum amount prescribed by law, by
reason of such allowance and payment.
SEC. 26. No district attorney shall be allowed by the Attorney- Allowed for
General to retain of the fees and emoluments of his office which he clerk hire.
is required to include in his semi-annual return, for his personal Tse, sº, Es
compensation, Over and above the necessary expenses of his office, U. S. " ' "
including necessary clerk-hire, to be audited and allowed by the 11 Atty...Gen.
proper, accounting officers of the Treasury Department, a sum Qpinions, 483; 12
exceeding six thousand dollars a year, or exceeding that rate for any ; ‘gº’" Opin-
time less than a year. - * 3 & Oºt.
SEC. 27. There shall be taxed and paid to every district attorney Fees in revenue
two per centum upon all moneys collected or realized in any suit or cases, and in suits
proceeding arising under the revenue laws, and conducted by him, on official bonds.
in which the United States is a party, which shall be in lieu of all Tsec. 825, R. S.
costs and fees in such proceeding. & |U. S.
SEC. 28. No fee shall accrue to any district attorney on any bond Fees on bonds,
left with him for collection, or in a suit commenced on any bond for when not allowed.
the renewal of which provision is made by law, unless the party
neglects to apply for such renewal for more than twenty days after Sec. 826, R. S.
the maturity of the bond. U. S.
SEC. 29. When a district attorney appears by direction of the Sec- Fees of district
retary or Solicitor of the Treasury, on behalf of any officer of the attorney for de-
revenue in any suit against such officer, for any act done by him, or fºse of revenue
for the recovery of any money received by him and paid into the *
Treasury in the performance of his official duty, he shall receive Sec. 827, R. S.
such compensation as may be certified to be proper by the court in U. S.
which the suit is brought, and approved by the Secretary of the
Treasury. g --
SEC. 30. The emolument returns of the Attorney of the United Settlement of ag-
States for the District of Columbia shall be returned to the Attor- gounts of J.S. al-
ney-General, and the accounts of the said Attorney shall be rendered, i. *...*
audited, and paid in the same manner as accounts of all other district
attorneys are rendered, audited, and paid. sº 14, 1877, 20
ATTORNEYS AT LAW.
SEC. 31. No attorney, or other person whatsoever, shall practise Admission and
the law in any of the courts of this District [province] without being disbarring of at-
admitted thereto by the justices of the several courts, who are hereby *ys:
empowered to admit and suspend them. [see Md. Act 1719, ch. 4, see, 2.] Md. act 1715, ch.
'48, sec. 12.
- 1 Kilty, 140.
1 Dorsey, 44.
7 Wallace Rep., 364, Ea, parte Bradley; 2 Har, and McH. Rep., 162, State vs.
Johnston; 2 Cranch, Ct. Rep., 379, 385; Ea; parte Levi S. Burr; Ct. Rep. ibid., 9
Wheaton, Rep. 529; 107 U. S. Rep., 265, Ea, parte Wall.; 13 Wallace Rep.,335, Brad-
ley vs. Fisher; 19 Wall Rep., 506, Ea: parte Robinson; 8 Mackey Rep. 570. Dean vs.
Bigelow; 4 Wall. Rep., 333, Eac parte Garland.
404
CHAPTER L-OFFICERS OF COURTS, FEES AND COSTs.
‘Misconduct of
attorney s, how
punished.
Md. act 1719, Ch.
4, Secs. 2, 4.
1 Kilty, 158.
1 Dorsey, 49.
Ea; parte Levi
S. Burr, 2 Cranch,
Ct. Rep., 385.
2°
Women may be
admitted to prac-
tice in U. S. Su-
preme Court.
Feb. 15, 1879,
20 Stat.; ch. 81, p.
292.
SEC. 32. The several magistrates, judges of the several courts
within this District [province, are hereby authorized and strictly
required, to observe the demeanor of all practitioners of the law
before them, as well as all ministerial officers, or other persons who
shall use any indecent liberties to the lessening the grandeur and
authority of their respective courts, and to discountenance and punish
the same, according to the nature of the offence, either by suspend-
ing such practitioner of the law from their practice, ºil. Ol'
for a time, or to punish Such practitioners, or, ministerial officers or
other persons, by fine, at the discretion of such court before whom
such offence shall be committed, not exceeding four thousand pounds
of tobacco [$66,663] in the superior courts, nor two thousand pounds
of tobacco [$33.33%] in the several county courts, within this District
[province, on each offender, for any one offence : Provided always,
That nothing in this act shall be construed to lessen the authorities
vested by law in the several courts, or in any of the magistrates,
before the making of this act.
/ .
SEC. 33. Amy Woman who shall have been a member of the bar of
the highest court of any State or Territory or of the Supreme Court
of the District of Columbia for the space of three years, and shall
have maintained a good standing before such court, and who shall
be a person of good moral character, shall, On motion, and the pro-
duction of such record, be admitted to practice before the Supreme
Court of the United States.
Fees to be taxed.
Sec. 823, R. S.
TJ. S
. S.
26 Feb., 1853, ch.
80, sec. 1, v. 10, p.
161. -
3 Mar., 1855, ch.
155, Sec. 12, v. 10,
pp. 670, 671.
21 Wash. Law
Rep., 246, Robert-
son vs. Stahl; 13
How. Rep., 363,
SEC. 34. The following and no other compensation shall be taxed
and allowed to attorneys, solicitors, and proctors in the courts of the
United States, to district attorneys, clerks of the circuit and district
courts, marshals, commisioners, witnesses, jurors, and printers in the
several States and Territories, except in cases otherwise expressly
provided by law. But nothing herein shall be construed to prohibit
attorneys, solicitors, and proctors from charging to and receiving
from their clients, other than the Government, such reasonable com-
pensation for their services, in addition to the taxable costs, as may
be in accordance with general usage in their respective States, or
may be agreed upon between the parties.
Day vs. Woodworth; 15 Wall. Rep., 453, Flanders vs. Tweed; 120 U. S. Rep., 177,
U. S. vs. Hill; 96 U. S. Rep., 594, Railroad vs. Collector; 3 Fed. Rep., 47, The Bay
City; 15 Fed. Rep., 620, The Alert; 17 Fed. Rep., 2, Goodyear vs. Sawyer; 1 Lowell,
321, Eac parte Jaffrey; 11 Ct. of Claims, 570, Phillips' case; 8 Blatchf. Rep., 79, Jones
vs. Schell; 110 U. S. Rep.; 42, Taylor vs. Bemiss; 93 U. S. Rep., 548, Stanton vs.
Embrey; #Mackey Rep., 502, Lamont vs. Ry. ; 1 Appeal Cases, D.C., 411, Willoughby
vs. Mackall.
FEES OF ATTORNEYS, SOLICITORS, AND PROCTORS.
Attorneys, Solic-
itors,
tors.
SEC. 35. On a trial before a jury, in civil or criminal causes or
and Pºe before referees, or on a final hearing in equity or admiralty, a docket
fee of twenty dollars : Provided, That in cases of admiralty and mal-
Sec. 824, R. S. itime jurisdiction, where the libelant recovers less than fifty dollars,
U.S. ... the docket fee of his proctor shall be but ten dollars.
º º'E'. In cases at law, when judgment is rendered without a jury. ten
Öity. Hetzel. dollars. g
21 Wash. Law. In cases at law, when the cause is discontinued, five dollars.
For scire facias, and other proceedings On recognizances, five
Rep., 246, Robert-
son vs. Stahl; 133 dollars.
U.S. Rep.,208, U.
S. vis, Waters.
For each deposition taken and admitted in evidence in a cause,
two dollars sº fifty cents. - -
For services rendered in cases removed from a district to a circuit
court by writ of error or appeal, five dollars.
Chapter L-OFFICERS OF COURTS, FEES AND COSTs. 405
For examination by a district attorney, before a judge or commis-
sioner, of persons charged with crime, five dollars a day for the time
necessarily employed. * * - -
For each day of his necessary attendance in a court of the United
States on the business of the United States, when the court is held
at the place of his abode, five dollars; and for his attendance when
the court is held elsewhere, five dollars for each day of the term.
For traveling from the place of his abode to the place of holding
any court of the United States in his district, or to the place of any
examination before a judge or commissioner, of a person charged
with crime, ten cents a mile for going and ten cents a mile for
returning.
When an indictment for crime is tried before a jury and a convic-
tion is had, the district attorney may be allowed, in addition to the
attorney’s fees herein provided, a counsel fee, in proportion to the
importance and difficulty of the cause, not exceeding thirty dollars.
[Repealed. See § 903, R. S. D. C.]
AUDITOR.
SEC. 36. That the Supreme Court of the District of Columbia [cham- Auditor may be
cellor] shall have full power and authority to appoint, during his .º *:::..
pleasure, a person of integrity, judgment, and skill in accounts, to jejoh.
be auditor for the [chancery] court, who shall, before he enters *s
upon the duties of his appointment, take an oath, to be administered tº", *
by the said cowri [chancellor, well and faithfully to execute the 'ºï.51
duties of his office, without favour, affection, partiality or prejudice; i Dorsey,317.
and all accounts directed to be stated, audited or settled, by order &
of the court [chancellor, I shall be referred for such purpose to the
auditor, who shall have power and authority to administer an oath
to all witnesses and persons proper to be examined upon such account,
and shall audit, state and settle, such accounts agreeably to the
Order of the cowri [chancellor, and shall return the same to the
count [chancellor, to be done with as the court [chancellor] shall
think just ; and the said auditor shall be allowed thirty-five shillings
ſ:#4. dº current money per day for every day he shall reasonably be
employed in stating, auditing and settling, any account, to be paid
by the party desiring such account to be stated, audited and settled,
and taxed in the bill of costs as aforesaid.*
SEC, 37, Payment of the allowances to the auditor aforesaid, may ... Paymentoſaud-
be compelled by order of the chancellor, and process of contempt tº fees enforci.
for disobedience to such order may be issued as in other cases. lºgº Of
Ibid., Sec. 18. 2 Kilty, 52.
SEC. 38. In all actions brought, or hereafter to be brought, in any Court may order
court of law grounded upon an account, or in which it may be mec- ºn... to bº
essary to examine and determine on accounts between the parties, it ...” “P”
shall and may be lawful for the court where such action may be or e
remain for trial to Order the accounts and dealings between the par- Md. act 1785, ch.
ties to be audited and stated by an auditor or auditors to be ap-8% º
pointed by such court, and there shall be such proceedings thereon #. º,
as in cases of actions of accounts. + 3 . rthur
Rep., 30, Ames; 3 Cranch, Ct. Rep., 120, 228,240; 2 Cranch, Ct. Rep., 567, U.S. vs.
Rose; 4 Har. and McH. Rep., 65, Mantz vs. Collins ; 28 Md. Rep. , 633. Hamilton vs.
Conirie; 48 Md. Rep., 1, Wisner vs. Wilhelm. t w
: By Sec. 925, R. S. D. C., the auditor is required to adjust clerk's accounts.
& i. also Md. act 1798, chap. 101, subchap. 8, sec. 9. 2 Kilty, 842, included, ante in the title “ Admin-
iStration **
406 CHAPTER L.-OFFICERS OF COURTS, FEES AND COSTs.
*
MARSHAL.”
Marshal, ap- SEC. 39. There shall be a marshal for the District, who shall be
pºintmentana * appointed for the same term, take the same oath, give a bond with
162S. sūreties in the same manner, and have generally, within the Dis-
Sec. 910, R. S. trict, the same powers, and perform the same duties, as provided for
. C. marshals of the United States -
1 Cranch, C. C., [See §§ 63, 90, 257, 288, 1068, 1066, 1079, 1087. See R. S. U. S., § 4065.
434, Brent vs. Jus- - g - -
tices of the Peace; 5 Peters, 451, The Levy Court vs. Tench Ringgold. -
Marshal's term. SEC. 40. Marshals shall be appointed for a term of four years.
Sec. 779, R. S. U. S. -
Deputy mar- SEC. 41. Every marshal may appoint, one or more deputies, who
shals. shall be removable from office by the judge of the district court, or
Sec. 780, R. S. by the circuit court for the District, at the pleasure of either.
J.S. McA. and Mackey Rep., 433, Spencer. .*
Oath of , mar- SEC. 42. Every marshal and deputy marshal shall, before he enters
shals, and deputy upon the duties of his appointment, take, before the district judge
marshals. of the district, an oath or affirmation in the following form : “I, A.
Sec. 782, R. S. B., do solemnly swear (or affirm) that I will faithfully execute all
U; lawful precepts directed to the marshal of the district of , under
sº Wai,”; the authority of the United States, and true returns make, and in
tººkhan. 22 Fei, all things well and truly, and without malice or partiality, perform
Rep., 153, in re the duties of the Office of marshal (or marshal’s deputy, as the case
Deputy, ; 28. Fed, may be) of the district of —, during my continuance in said office,
§. * * * and take only my lawful fees. So help me God.” The words “so
ancey. help me God” shall be omitted in all cases where an affirmation is
admitted instead of an oath : Provided, That when any person who
is appointed deputy marshal resides and is more than twenty miles
from the place where the district judge resides and is, the said oath
of office may be taken by him before any judge or justice of any
State court within the same district, or before any justice of the
peace having authority therein, or before any notary public duly
appointed in such State, or before any commissioner of a circuit
court for such district, and shall, when certified by such officer to
º said district judge, be as effectual as if taken before such district
JūClge.
Marshal's bond. SEC. 43. Every marshal, before he enters on the duties of his office,
see is. E. s. shall give bond before the district judge of the district, jointly and
J.S. ºº severally with two good and sufficient sureties, inhabitants and free-
4 Cranch, Ct. holders of such district, to be approved by Said judge, in the sum of
Repº 255, Jacksº; twenty thousand dollars, for the faithful performance of said duties
#. §º... by himself and his deputies. Said bond shall be filed and recorded
Fed. Rep., 1, Law- o * * - * f * e º § 1 ºf gº
... No. in the Office of the clerk of the district court or circuit court sitting
9 Wh.,720, U. S. within the district, and copies thereof, certified by the clerk, under
vs. Kirkpatrick; the seal of the said court, shall be competent evidence in any court
11 Wh., 184. U.S. e e
vs. Van Zandt ; 1 of justice.
Pet., 335, Dox vs. Postmaster-General; 2 How.,29, Gwyn vs. Breedlove, 6 How. , 7,
Gwyn vs. Barton; 2 Dill, 45, Adler vs. Newcomb.
Suits on mar- SEC. 44. In case of a breach of the condition of a marshal’s bond,
shal's bond ; costs, any person thereby injured may institute in his own name and for
secºsº, R. S. his sole use a suit on said bond, and thereupon recover such damages
U.S. . . " as shall be legally assessed, with costs of suit, for which execution
111 U.S. Rep., may issue for him in due form. If such party fails to recover in
17, Lammon...ſº, the suit, judgment shall be rendered and execution may issue against
* i. 'R. him for costs in favor of the defendant; and the United States shall
º Marshai. sº in no case be liable for the Sahne.
U.S. Rep., 421, Feibelman vs. Packard; 1 How. Rep., 290, Williams vs. U.S.; 9 Cr.,
212, U.S. vs. Giles; 10 Wh., 246, U.S. vs. Morris; 1 How., 290, Williams vs. U.S.; 2
How., 29, Gwyn vs. Breedlove; 4 How, 1, Gwyn vs. Buchanan ; 6 How. , 7, Gwyn vs.
Barton : 1 Wall., 644, Rogers vs. The Marshal.
* May call upon the militia to suppress riot. See sec. 45, chapter on “ Militia.”
CHAPTER L-OFFICERS OF COURTS, FEES AND COSTs. 407
SEC. 45. The said bond shall remain, after any judgment rendered Marshal's bond
thereon, as a security for the benefit of any person injured by breach tº ºr
judgment as fur-
of the condition of the . until the whole penalty has been .i.
recovered ; and the proceedings shall always be as directed in the † = n <
preceding section. - … us; 785, R. S.
SEC. 46. No suit on a marshal's bond shall be maintained unless Limitation of
it is commenced within six years after the right of action accrues, suit on marshal's
Saving, nevertheless, the rights of infants, married women, and bonds.
insane persons, SO that they sue within three years after their dis- Sec. 786, R. S
abilities are removed. - U.’s “ ” ”
12 Wh., 133, Montgomery vs. Hermandez; 91 U.S. Rep., 113, Long vs. Converse: 3
Woods Rep., 559, U. S. vs. Godbold; 4 Sawyer Rep., 272 U. S. vs. Rand: 20 Wall.
Rep., 251, U.S. vs. Herron: 1 Pet. Rep., 318, Dox vs. Postmaster-General.
SEC. 47. It shall be the duty of the marshal of each district to , Duties of mar
attend the district and circuit courts when sitting therein, and to *
execute, throughout the district, all lawful precepts directed to him, Sec. 787, R. S.
and issued under the authority of the United States ; and he shall U. S.
have power to command all necessary assistance in the execution of 2 * º č.
his duty. [See § 4299, R. S.] 5 £e. ñº. 5 º
Levy Court vs. Ringgold; 2 Dill. Rep., 127, Schwabacker vs. Reily.
SEC. 48. When the marshal or his deputy is a party in any cause, Process to be ex;
the writs and precepts therein shall be directed to such disinterested # º
person as the court or any justice or judgethereof may appoint, and ..., dº
the person so appointed may execute and return them. a party.
Sec. 922, R. S. U. S. 3 Cranch Rep., 496, Knox vs. Summers.
SEC. 49. The marshals of the several judicial districts of the , Marshals to take
United States, and of the District of Columbia and the Territories, the census.
are required to cause all the inhabitants to be enumerated, and to Sec. 2176, R. S.
collect all the other statistical information within their respective U.S.
districts, in the manner provided for by law, and specified in the , .38 May 185% ch:
instructions which may be given by the Secretary of the Interior, # sec. 1, v. 9, p.
and in the tables annexed, and to return the same to the Secretary "
on or before the first day of November next ensuing such enumera-
tion, omitting from the enumeration of the inhabitants Indians not
taxed; and omitting, also, at the discretion of the Secretary, any
part or all of the statistics of the Territories except those of popu-
lation; but if the time assigned for making the returns from the
Territories proves inadequate, the Secretary may extend the same.
And if there be any district or Territory of the United States in
which there is no marshal, the President shall appoint some suitable
person to discharge the duties assigned herein to marshals. * -
SEC. 50. In case of the death of any marshal, his deputy or depu- In case of death
ties shall continue in office, unless otherwise specially removed, and ºf the marshals,
shall execute the same in the name of the deceased, until another * t O C On-
marshal is appointed, as provided in this chapter, and duly quali- . .--—
fied. The defaults or misfeasances in office of such deputies in the ...Sec. 789, R. S.
mean time shall be adjudged a breach of the condition of the bond |U. S.
given by the marshal Who appointed them; and the executor or
administrator of the deceased marshal shall have like remedy for
the defaults and misfeasances in office of such deputies, during such
interval, as he would be entitled to if the marshal had continued in
life and in the exercise of his said office until his successor was
appointed and duly qualified.
* For oath and other duties in relation to the census, see ch. 31, p. 381, R. S. U. S.
408 CHAPTER L–OFFICERS OF COURTS, FEES AND COSTs.
Marshals, and SEC. 51. Every marshal or his deputy, when removed from office,
ºals; or when the term for which the marshal is appointed expires, shall
when removed, or * º ~ * * ~ * ºr ll such “t -
office expires, may have power, notwithstanding, to execute all such precepts as may be
execute process in in their hands respectively at the time of such removal or expiration
their hands. of office; and the marshal shall be held responsible for the delivery
{AA, 7C tº to his successor of all prisoners who may be in his custody at the
Sec. 790, R. S. " e - ~~~~ (*~~ º e ſº
tº fºssº & time of his removal, or when the term for which he is appointed
4 McLean, 534, expires; and for that purpose he may retain such prisoners in his
...yº, H. custody until his successor is appointed and duly qualified.
:Oll; eCl. Itep., -
775, Phoenix Ins. Co. vs. Wulf; 19 Fed. Rep., 586, Ea, parte Worley; 14 How., 563, Doo-
little vs. Bryan. -
, Marshal's returns SEC. 52. Every marshal shall, within thirty days before the com-
5.º..." " mencement of each term of the circuit and district courts in his dis.
he Ireasury. trict, make returns to the Solicitor of the Treasury of the proceed-
Sec. 791, R. S. ings had upon all writs of execution, or other process which have
. S. been placed in his hands, for the collection of moneys adjudged and
decreed to the United States in the said courts, respectively.
º SEC. 53. Every marshal to whom any execution upon a judgment.
SI) 2,1: - I OI : gº º * - º tº * * Yºh,Tºt.- .
É.º. in any suit for moneys due on account of the Post-Office Depart
lment. ment has been directed, shall make returns to the Sixth Auditor, at
sec. 792. R. S. Such times as he may direct, of the proceedings which have taken
tº * * * place upon the said process of execution.
Process against SEC. 54. Whenever any writ or process is sued out or prosecuted
º º: by any person in any court of the United States, or of a State, or by
º J. any judge or justice, whereby the person of any public minister of
- - any foreign province or state, authorized and received as such by the
Sec. 4063, R. S. President, or any domestic or domestic servant of any such minister,
ºr. owa is arrested or imprisoned, or his goods or chattels are distrained,
**ś seized, or attached, such writ or process shai be deemed void -
Davis vs. Packard; Selzed, Or atta , SllcIl p - € C166100 €CL VOICI.
4 Cranch, Ct., 173, U. S. vs. Lafontaine; 11 Wheat. Rep., 467, U. S. vs. Ortegan; 13
Wall. Rep., 594, Blyew vs. U.S. $
Penalty for suing SEC. 55. Whenever any writ or process is sued out in violation of
º,9.º.º."É the preceding section, every person by whom the same is obtained
such process. or prosecuted, whether as party Or as attorney or solicitor, and every
Sec. 4064, R. S. officer concerned in executing it, shall be deemed a violator of the
U. S. 284 U.S laws of nations, and a disturber of the public repose, and shall be
º: 3 -> * > * lºor not more than three years, and fined at the discretion
OT TIlê COULI’t.
When process SEC. 56. The two preceding Sections shall not apply to any case
may be issued where the person against whom the process is issued is a citizen or
º *... inhabitant of the United States, in the service of a public minister,
ters. and the process is founded upon a debt contracted before he entered
upon such service ; nor shall the preceding section apply to any case
where the person against whom the process is issued is a domestic
servant of a public minister, unless the name of the servant has,
before the issuing thereof, been registered in the Department of
State, and transmitted by the Secretary of State to the marshal of
the District of Columbia, who shall upon receipt thereof post the
same in Some public place in his office.
Sec. 4065, R. S.
|U. S.
Public ºss tº SEC. 57. All persons shal) have resort to the list of names so posted
list of names of ; gº º'e 2 g 3.
... in the marshal's office, and may take copies without fee.
Sec. 4066, R. S. U. S.
CHAPTER L.-OFFICERS OF COURTS, FEES AND COSTS. 409
SEC. 58. In case of a vacancy in the Office of the district attorney . Vacancies in of-
or marshal within any circuit, the circuit justice of such circuit may ; º: º at
fill the same, and the person appointed by him shall serve until an jº j
appointment is made by the President, and the appointee is duly tempórarily.
qualified, and no longer. The appointment made by Such justice Sec. 793, R. S
shall be in writing, which shall be filed in the clerk's office of the tº " “ ”
circuit court, and a copy thereof shall be entered upon the journal 3 fied. Rep., 112,
of Said court. Any marshal so appointed shall give bond, as if 4 Woods, 491, Far.
appointed by the President, and the bond shall be approved by said .9X; 30.5ed; Rep.
justice. It shall then be filed in the clerk’s Office of said court, and *: Alabama
t - e * shalship ; 28.
a copy shall be entered on the journal of the court. A certified copy i.i.”fe.' Aſs.
of such entry shall be prima-facie proof of the execution of such Yancey; 16 Atty.
bond, and of the contents thereof. Gen. Opin., 538.
SEC. 59. For the service of any warrant, attachment, summons, at:* * certain
capias, or other Writ, (except execution, venire, or a summons or
subpoena for a witness,) the marshal shall be allowed one dollar, and Sec. 911, R. S.
C
no more, for each person on whom such service may be made. D. C.
- '[See § 1068, R. S. D. C.] 1 Cranch, C. C.,
, U. S. vs. Mc-
Donald; 1 Cranch, C. C., 92,93, Alexander vs. Thomas; 1 Cranch, C. C., 434, Brent vs.
Justices of the Peace. -
SEC. 60. The marshal, or his deputies, may execute and levy execu- Executions is:
tions issued by justices of the peace, for small debts, out of court, i..."
when the same are put into their hands for that purpose, and for ** - - -
executing or levying such executions are entitled to the same com- ps: 912, R. S.
mission, and no more, as allowed to constables in such cases.
[See § 1040, R. S. D. C.)
SEC. 61. When the marshal shall have received money on any Failure of mar-
judgment or execution, not exceeding twenty dollars, by virtue of the º pay over
preceding section, and shall fail or Omit to pay the same to the jedi. etc.:
plaintiff, or his agent, when thereto demanded, or shall omit or fail e
to return any execution within the time limited for such return, it is Sec. 918, R. S.
shall be lawful for the supreme court of the District, on motion made, JD. C.
five days previous notice being given to the marshal, to enter up
judgment, instanter, against him for the amount so received, with
interest and costs.
SEC. 62. The marshal, in all civil cases, may demand and receive Prepayment of .
payment of his fees before serving any process, except in cases in marshal's fees.
which the United States may be a party, or of fieri facias, or where sec. 911. R. S
the court or any justice thereof may order suit to be instituted with- D.C. " ' "
out prepayment of costs.
MARSHALS’ FEES.
SEC. 63. * * * For the keeping of personal property attached Marshal's fees.
on mesne process, such compensation as the court, on petition set- T. . t
ting forth the facts under oath, may allow. ušº 829, R. S.
For serving venires and summoning every twelve men as grand ‘iſ, U. S. Rep.
or petit jurors, four dollars, or thirty-three and one-third cents 360, McMullen is.
each. * * * J. S. ; 14 Fed.
For holding a court of inquiry or other proceedings before a jury, #. ºt Duy º
including the summoning of a jury, five dollars. Šºćii.
For serving a writ of subpoena on a witness, fifty cents; and no Rep. 639, Turner
further compensation shall be allowed for any copy, Summons, or vs. U. S.; 18 Fed.
notice for a witness. & Repº, The J.
For serving a writ of possession, partition, execution, or any final Pººl, Ct
process, the same mileage as is allowed for the service of any other Rep. Toš." ii.
writ, and for making the service, seizing or levying on property, Mason vs. Muncas.
*.
410
CHAPTER L-OFFICERS OF COURTS, FEES AND COSTs.
tº 8Peters Rep., advertising and disposing of the same by sale, set off, or otherwise
150, U.S. vs. Ri
: gold,
*ě according to law receiving and paying over the money, the same fees
and poundage" as are or shall be allowed for similar services to the
sheriffs of the States, respectively, in which the service is rendered.
For each bail-bond, fifty cents.
For summoning appraisers, fifty cents each.
l º executing a deed prepared by a party or his attorney, one
ClOllal’. § -
For drawing and executing a deed, five dollars.
For copies of writs or papers furnished at the request of any
party, ten cents a folio. - -
For every proclamation in admiralty, thirty cents. \
For serving an attachment in rem or a 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. r
When the debt or claim in admiralty is settled by the parties with-
out a sale of the property, the marshal shall be entitled to a com-
mission 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, such commission shall
- be allowed only on the appraised value thereof.
For sale of vessels or other property under process in admiralty,
or under the order of a court of 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-quarter 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 proc-
ess, any person charged with or convicted of a crime, the sum actu-
ally expended, not to exceed two dollars a day, in addition to his
compensation for service and travel.
For every commitment or discharge of a prisoner, fifty cents.
For transporting criminals, ten cents a mile for himself and for
each prisoner and necessary guard; except in the case provided for
in the next paragraph.*
For attending the circuit and district courts, when both are in ses-
sion, or either of them when Only one is in session, and for bringing
in and committing prisoners and witnesses during the term, five dol-
lars a day. -
For attending examinations before a commissioner, and bringing
in, guarding, and returning prisoners charged with crime, and wit-
nesses, two dollars a day; and for each deputy not exceeding two,
necessarily attending, two dollars a day.
For traveling from his residence to the place of holding court, to
attend a term thereof, ten cents a mile for going only.
For travel, in going Only, to serve any process, warrant, attach-
ment, or other writ, including writs of subpoena in civil or criminal
cases, six cents a mile, to be computed from the place where the proc-
ess is returned to the place of service, or, when more than one per-
Son is served there with, to the place of service which is most remote,
adding thereto the extra travel which is necessary to serve it on the
Others. But when more than two writs of any kind required to be
served in behalf of the same party on the same person might be
Served at the same time, the marshal shall be entitled to compensa-
.* Section, relating to transporting crin.inals was amended July 12, 1876; 1 Sup. R. S., p. 228. See
title “Penitentiary,” sec. 5546, R. Š
CHAPTER L.-OFFICERS OF COURTS, FEES AND COSTS. 411
ſ *
tion for travel on only two of such writs; and to save unnecessary
expense, it shall be the duty of the clerk to insert the names of as
many witnesses in a cause in Šuch subpoena as convenience in Serv-
ing the same will permit. * .
In all cases where mileage is allowed to the marshal he may elect
to receive the same or his actual traveling expenses, to be proved on
his oath, to the satisfaction of the court. [See § 1660, R. S. U. S.]
! . f -
SEC. 64. That instead of the poundage fees allowed to the marshal Poundage fees
[sheriff]" by the first mentioned act, he be allowed only at the rate ascertained, etc.
Of Seven and a half per cent, for the first ten pounds in money [$26.66%] Md. act 1790, ch.
or one thousand pounds of tobacco, and the rate of three per cent. 59, sec. 2.
for the residue, in the same species the execution shall issue for; and . Pºº".
that where execution or attachment shall be made on lands held for *.*.*.* Re
years, or a greater estate, only one-half of the poundage fees, but if 150 U.S. Rº:
the estate in the land shall not be chargeable by appraisement, and goid; 5 Cranch,
delivered to the plaintiff, or by sale of the marshal [sheriff, One- º Rep.,400, U.S.
- * * * * * * 24- A £ . sº tº t t \º & * O"(D >}: Williams: ; 3
quarter part of the poundage fees only shall be chargeable. Cranch, Ct. Rep.,
403, 411, Mason vs. Muncaster.
SEC. 65. There shall be paid to the marshal his fees for services What fees to be
rendered for the United States, for summoning jurors and witnesses Paid to marshals.
in behalf of the United States, and in behalf of any prisoner to be Sec. 830, R. S.
tried for a capital offense, for the maintenance of prisoners of the U.S. -
United States confined in jail for any criminal offense; also, for his is 13 Yºa ºn
* Atº gº y” ºn tºº gº re - - - º ** a 4-3 ***** * * * Rep., 546, The An-
reasonable actual expense for the transportation of criminals, and of g º
* * telope; 3 Sumner
the marshal and guards, to prisons designated by the Attorney-Gen- Rep. 304, ii. s.
eral, and for hire and subsistence in that behalf, as hereinbefore pro- Cogswell; 18 Fed.
vided; also, his fees for the commitment or discharge of prisoners; Rep. 456, The J,
hi * *il V i :red for fuel. ligh ł Other tin E. Mulford; 1
his expenses necessarily incurred for fuel, lights, and other contin-joº"..."iss
gencies that may accrue in holding the courts within this district, iºni: vs. tſ.
and providing the books necessary to record the proceedings thereof: S.; 1 Wood and
Provided, That he shall not incur, or be allowed, an expense of more M2,184, U. S. vs.
than twenty dollars in any one year for furniture, or fifty dollars for Smith.
rent of a building and making improvements thereon without first
submitting a statement and estimates to the Attorney-General and
getting his instructions in the premises.
SEC. 66. No per diem or other allowance shall be made to any dis- ...Attendance on
trict attorney, clerk of a circuit court, clerk of a district court, mar- *ś º
shal or deputy marshal, for attendance at rule-days of a circuit or jet jºsº.
district court; and when the circuit and district Courts sit at the at same time.
same time no greater per diem or other allowance shall be made to sº sº. Es
any such officer than for an attendance on One court.
SEC. 67. Every district attorney, clerk of a district court, clerk of º .
a circuit court, and marshal, shall, on the first days of January and jeº atºne;
July, in each year, or within thirty days thereafter, make to the marshals, and
Attorney-General, in such form as he may prescribe, a written return clerks.
for the half year ending on said days, respectively, of all the fees se... sº. Tº s
and emoluments of his office, of every name and character, and of U.S. § -º- ºr ºf P-2 ºf
all the necessary expenses of his office, including necessary clerk-
hire, together with the vouchers for the payment of the same for b
such last half year. He shall state separately in such returns the
fees and emoluments received or payable under the bankrupt act:
and every marshal shall state separately therein the fees and emolu-
Iments received or payable for services rendered by himself person-
ally, those received or payable for services rendered by each of his
deputies, naming him, and the proportion of such fees and emolu-
ments which, by the terms of his service, each deputy is to receive.
Said returns shall be verified by the oath of the officer making them.
[See §§ 3085, 4644, 4647, R. S. U. S.]
*This section refers to the Md. act of 1787, ch. 11, which was repealed by 1791, Ch. 51.
412 CHAPTER L.-OFFICERS OF COURTS, FEES AND COSTS.
What to be in- SEC. 68. The preceding section shall not apply to the fees and
º; compensation allowed to district attorneys by Sections eight hundred
. . and twenty-five and eight hundred, and twenty-seven. All other
and marshals. fees, charges, and emoluments to which a district attorney or a mar-
shal may be entitled, by reason of the discharge of the duties of his
Sec. 834, R. S. ffice, i hereafter pr ribed by law • * ase in whicl
TJ. S. office, as now or nereafter prescriped by law, or in any case in which
the United States will be bound by the judgment rendered therein,
whether prescribed by statute or allowed by a court, or any judge
thereof, shall be included in the Semi-annual return required of said
officers by the preceding section. sº
...Compensation SEC. 69. No marshal shall be allowed by the Attorney-General,
** except as provided in the next section, to retain of the fees and emol.
Sec. 841, R. S. uments which he is required to include in his semi-annual return,
TJ. S. as aforesaid, for his personal compensation, Over and above the
necessary expenses of his office, including necessary clerk-hire, to be
audited and allowed by the proper accounting officers of the Treas-
ury Department, and a proper allowance to his deputies, any sum
exceenidg six thousand dollars a year, or exceeding that rate for any
time less than a year. The allowance to any deputy shall in no case
exceed three-fourths of the fees and emoluments received or payable
for the services rendered by him, and may be reduced below that
rate by the Attorney-General, whenever the returns show such rate
to be unreasonable.
- º: SEC. 70. Clerks and marshals may be allowed to retain, for all
.**P* official services in prize, causes, an additional compensation not
e exceeding in amount one-half of the maximum compensation allowed
º 842, R. S. to them, respectively, by the three preceding sections.
3 Fed. Rep.,494, U.S. vs. Cigars.
º, §: SEC. 71. The allowances for personal compensation of district
... ". . attorneys, clerks, and marshals, for each calendar year, shall be
thereof. made from the fees and emoluments of that year, and not otherwise.
Sec. 843, R. S. U.S. 2 Story Rep., 839, U.S. vs. Bassett; 15 Court of Claims R.,
22, Collins vs. U. S.; 16 Court of Claims R., 88, Hendrick vs. U. S.
Payment of sur- SEC. 72. Every district attorney, clerk, and marshal shall, at the
}. * * * time of making his half-yearly return to the Attorney-General, pay
* into the Treasury, or deposit to the credit of the Treasurer, as he
Sec. 844, R. S. may be directed by the Attorney-General, any surplus of the fees
"; p. s. sº, and emoluments of his office, which said return shows to exist over
6sity.s.º. # and above the compensation and allowances authorized by law to be
retained by him.
Auditing of ac- SEC. 73. In every case where the return of a district attorney,
cºnts of district clerk, or marshal shows that a surplus may exist, the Attorney-
tºº, ; ... General shall cause such returns to be carefully examined, and the
Justice. accounts of disbursements to be regularly audited by the proper
see sº. R. S. officer of his Department, and an account to be opened with such
U. S. officer in proper books to be provided for that purpose.
Accounts of dis- SEC. 74. The accounts of district attorneys, clerks, marshals, and
º t㺠commissioners of circuit courts shall be examined and certified by
...”.”... the district judge of the district for which they are appointed, before
judge. they are presented to the accounting officers of the Treasury Depart-
Sec. 846, R. S ment for settlement. They shall then be subject to revision upon
U.’ ” “ ” their merits by said accounting officers, as in the case of other public
accounts: Provided, That no accounts of fees or costs paid to any
witness or juror, upon the order of any judge or commissioner, shall
be so re-examined as to charge any marshal for an erroneous taxa-
CHAPTER L.-OFFICERS OF COURTS, FEES AND COSTS. 413
tion of such fees or costs. [That where any ministerial officers of
the United States have or shall incur extraordinary expense in exe-
cuting the laws thereof, the payment of which is not specifically
provided for, the President of the United States is authorized to
allow the payment thereof under the special taxation of the district
or circuit court of the district in which the said services have been
or shall be rendered, to be paid from the appropriation for defraying
the expenses of the judiciary. ]
CLERK OF THE SUPREMIE COURT.
SEC. 75. The Supreme court shall have power to appoint, a clerk. Appointment,
who shall take the oath, and give a bond with sureties, in the man- oath, and bond of
ner prescribed by law for clerks of district courts of the United clerk.
States, * [See §§ 794-799, R. S. U. S.] Sec. 915, R. S.
* D. C.
1 Cranch, C. C., 12, Foster vs. Hanson ; 2 Cranch, C. C., 646, Patons vs. Lee.
SEC. 76. The clerk [of the Supreme Court], and every clerk and 9* * *
deputy clerk of a circuit or district court, shall, before he enters Sec. 794, R. S.
upon the execution of his office, take an oath or affirmation in the U. S.
following form : “I, A B, being appointed a clerk of , do
solemnly swear (or affirm) that I will truly and faithfully enter and
record all the Orders, decrees, judgments, and proceedings of the
said court, and that I will faithfully and impartially discharge and
perform all the duties of my said office, according to the best of my
abilities and understanding. So help me God.” The words “so
help me God” shall be omitted in all cases where an affirmation is
admitted instead of an oath.
SEC. 77. The clerk of every court shall give bond, in a sum to be Clerk's bond.
fixed and with Sureties to be approved by the court which appoints sec. 795, R. S.
him, faithfully, to discharge the duties of his office, and seasonably U. S.
to record the decrees, judgments, and determinations of the court of
which he is clerk; and a new bond may be required whenever the
court deems it proper that such bond should be given. A copy of
every bond given by a clerk shall be entered on the journal of the
court for which he is appointed, and the bond shall be deposited for
safe-keeping as the court may direct. A certified copy of such entry
shall be prima-facie proof of the execution of such bond and of the
contents thereof. - -
SEC. 78. Any of the duties of the clerk may be performed, in his Assistant clerks.
name, by any of the assistant clerks in his office ; and such assistants . Sec. 916, R. S.
may sign the name of the clerk to any process, certificate, or other P. C.
official act required by law or by the practice of the court to be per-
formed by the clerk, and may authenticate said signature by affix-
ing the seal of the court thereto, when the impress of the seal is
necessary to its authentication. In Such cases the signature shall
be, ‘‘ , Clerk, by , Assistant Clerk.”
SEC. 79. Any circuit or district court may require any deputy ºnd of deputy
clerk thereof to give bond to the United States for the faithful dis. *
charge of his duty as such deputy, in the same penalty, and with Sec. 796, R. S.
Surety in the same manner, as is required by law of clerks; and such U. S.
bond shall be recorded and preserved in like manner. But the taking
of such bond shall not affect the legal responsibility of the clerk for
the acts of such deputy.
* The clerk probibited from delivering any blank writ to any person ; the penalty fixed by Md., act
1785, ch. 48, sec. 11. See title “Crimes.”
414 CHAPTER L–OFFICERS OF COURTS, FEES AND COSTs.
Clerk to forward SEC. 80. Every clerk of a circuit or district court shall, within
º #". thirty days after the adjournment of each term thereof, forward to
†. the Solicitor of the Treasury a list of all judgments and decrees, to
$5 which the United States are parties, which have been entered in said
us; 797, R. S. court, º during such term, showing the amount adjudged
• *Je or decreed, in each case, for or against the United States, and the
term to which execution thereon will be returnable.
mºtº ... , SEC. §1. At each regular session of any court of the United States,
.*.*.*.*... the clerk shall present to the court an account of all moneys remaining
stated by the clerk therein, or subject to its order, stating in detail in what causes they
are deposited, and in what causes payments have been made ; and
ušº * * * said account and the vouchers thereof shall be filed in the court.
124 U. S. Rep. 340, State Bank vs. Dodge.
Oaths to persons SEC. 82. The clerks of the district and circuit courts may, in the
º absence or in case of the disability of the judges, administer Oaths
causes, when sº to all persons identifying papers found on board of vessels or else-
...” tered by where, to be used on trials in admiralty causes.
Cl62]. R.S. .
Sec. 799, R. S. U.S.
Plaintiff to make SEC. 83. At the commencement of every suit in the Supreme court
deposit with clerk of the District, the plaintiff shall deposit at least eight dollars with
Sec. 917, R. S. the clerk, to be appropriated toward the costs of the suit ; and if the
. C. plaintiff recover against the defendant a judgment with costs, and
* º 9": the costs do not amount to eight dollars, the overplus shall be paid
ep. , * back to the plaintiff by the clerk. -
Poºr persons not SEC. 84. Suits may be prosecuted by poor persons upon the order
º to make of the court, or of one of the justices, without making the deposit
poSlū. prescribed by the preceding section.
Sec. 918, R. S.
D. C. Alex. Brit. Stat., 262,288.
Clerk shall fur- SEC. 85. The clerk shall furnish copies of all entries in any docket
mish copies from of justices of the peace in his custody, to persons applying there-
justices' dockets, for who may be entitled to receive them.
Sec. 919, R. S. D. C.
How made, their SEC, 86. Such copies shall be furnished in the same manner and
effect. shall have the same effect, as if made by the justices of the peace.
Sec. 920, R. S. D. C. * ,
Fees from pri- SEC. 87. All costs and fees for services rendered by the clerk, and
Vate rºles. W* chargeable to others than the United States, shall be payable immedi-
payable. ately after the services are performed, and shall be collected by such
Sec. 921, R. S. rules and regulations, not incompatible with law, as may be pre-
. C. sº by the court, but shall in no case be paid by the United
tates.
Clerks’ fees. SEC. 88. For issuing and entering every process, commission, Sum-
sec ses, E. s. mon; Cºplas, execution, warrant, attachment, or other writ, except
TJ. S
* * * a writ of venire, or a summons or subpoena for a witness, One dollar.
109 U. S. Rep., For issuing a writ of summons or subpoena, twenty-five cents.
74, Ste ever vs. For filing and entering every declaration, plea, or other paper,
Rickman; 110 U. ten cents.
Q tº ſº º e • ©
;Pºtº * For administering an' oath or affirmation, except to a juror, ten
McCrary Rep., Cents. e -
383, Cavender us. For taking an acknowledgment, twenty-five cents.
Qavender; 8 Afty . For taking and certifying depositions to file, twenty cents for each
* - R º
Gen. Opin's 575, folio of one hundred words.
CHAPTER L.—OFFICERS OF COURTS, FEES AND COSTS. 4.15.
For a copy of such deposition furnished to a party on request, ten
cents a folio. - . w
For entering any return, rule, Order, continuance, judgment, decree,
or recognizance, or drawing any bond, Or making any record, cer-
tificate, return, or report, for each folio, fifteen cents. -
For a copy of any entry or record, or of any paper on file, for each
folio, ten cents. -
For making dockets and 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 and indexes, taxing costs, and all other Serv-
ices, in a cause where issue is joined, but no testimony is given, two
dollars. -
For making dockets and indexes, taxing costs, and 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 writ of
error or appeal, one dollar.
For affixing the seal of the court to any instrument, when required,
twenty cents.
For every search for any particular mortgage, judgment, or other
lien, fifteen cents. - t
For searching the records of the court for judgments, decrees, or
other instruments constituting a general lien on real estate, and cer-
tifying the result of such search, fifteen cents for each person against
whom such search is required to be made. s
For receiving, keeping, and paying out money, in pursuance of
any statute or order of court, one per centum on the amount SO
received, kept, and paid. +
For traveling from the office of the clerk, where he is required to
reside, to the place of holding any court required by law to be held,
five cents a mile for going and five cents for returning, and five dol-
lars a day for his attendance on the court while actually in session.
All books in the offices of the clerks of the circuit and district
Courts, containing the docket or minute of the judgments, or decrees
thereof, shall, during office hours, be open to the inspection of any
person desiring to examine the same, without any fees or charge
therefor. [see next section.]
SEC. 89. The fees specified in this section, and no more, shall be Fees allºwed in
allowed to the clerk for the following services: * certain Cases.
For all services rendered to the United States, in cases in which Sec. 922, R. S.
the United States is a party of record, five dollars. *. D. C.
For each marriage license, one dollar.
For each certificate of official character, including the seal, fifty
Gents. r -
SEC. 90. The clerk shall make semi-annual returns of the amount Semi-annual Pé--
of fees received by him to the Secretary of the Treasury. turn of fees. -
- - Sec. 923, R. S. D. C.
SEC. 91. The salary, emoluments, and fees of the clerk shall not Limit to salary-
exceed the sum of six thousand dollars per annum, and the excess of Sec. 924, R. S.
fees collected by him, after defraying the necessary expenses of his D. C. -
office, shall be paid into the Treasury of the United States.
SEC. 92. The clerk's accounts of his earnings and expenses shall Adjustment of
be adjusted by the regular auditor of the court, or by a special audi- **
tor to be appointed by the court for the purpose, within thirty days Sec. 925, R. S.
after the first day of January and July, every year; and the auditor D.C.
shall immediately report his adjustment to the court, with such
exceptions thereto as the clerk shall, within four days after the
adjustment reported, take and file with the auditor.
416
CHAPTER L.-OFFICERS OF COURTS, FEES AND COSTS.
Decree of the
•COurt.
Sec. 926, R. S.
D. C.
Y- Accounts, how
settled.
Sec. 927, R. S.
D. C.
Copy of decree.
Sec. 928, R. S.
D. C.
Security for
COsts. | .
Mol. act 1796, ch.
43, sec. 12.
2 Kilty, 618.
2 Mackey Rep.,
2, Anderson vs.
Smith ; 1 Har. and
J. Rep., 440, Berry
vs. Griffith ; 3 Gill
and J. Rep., 285,
Stimmel vs. Un-
derwood ; 9 Md.
Rep., 194, Haney
vs. Marshall; 42
Md. Rep., 1, Spen-
cer vs. Trafford;
46 Md. Rep., 190,
State vs. Layman.
Usee's liability
for costs.
Ibid., sec. 13.
2 Kilty,618.
2 Mackey Rep.,
66, Keyser vs.
Shepherd; 46 Md.
Rep., 190, State vs.
Tayman; 20 Md.
Rep., 247, Gro-
shon vs. Thomas :
7 Gill Rep., 242,
Selby vs. Clayton;
SEC. 93. The court shall pronounce such decree upon the report
and exceptions as may seem to it equitable and just; and such decree
shall be final, and be binding upon the United States and the clerk.
SEC. 94. If, upon Such account, a balance be found due from the
clerk to the United States, the court shall order payment by the
clerk into the Treasury, and enforce its order by execution, process
of contempt, or otherwise; and if the clerk refuse to pay the money,
shall remove him from office. If a balance be found due from the
United States to the clerk, the same shall be paid upon presenting
to the Treasurer a copy of the decree, duly certified. |
SEC. 95. The clerk shall, as in other cases of judgments to which
the United States is a party, furnish the solicitor of the Treasury a
copy of the decree, immediately after it is pronounced.
SEC. 96. That in all cases where suits may hereafter be brought
by any person or persons, nonresidents of this District [state, or
who may remove out of the District [state] after the bringing of
such suit or suits, the defendant or defendants against whom such
Suit may be commenced, or his, her or their attorney, may lay a rule,
at or before the trial court, on such plaintiff or plaintiffs, or his, her
or their attorney, to give security for all costs and charges that the
said defendant or defendants may be put to in case such plaintiff or
plaintiffs shall be nonsuited, or judgment be given against them,
and in case of non-compliance with such rule, judgment of monsuit
shall be entered : Provided, nevertheless, That if any defendant or
defendants shall lay a rule on any plaintiff or plaintifts for security
for costs at the trial court, that then and in such case the court
granting said rule, may, at the instance or motion of the plaintiff or
plaintiffs, by his, her or their counsel, in their discretion, continue
said cause until the next term.
SEC 97. That when any action shall be brought, and it shall be
entered upon the record that such suit is brought for the use of any
other person or persons, and the plaintiff or plaintiffs in such action
shall discontinue or strike off his, her or their said action, or be non-
suit thereon, or in case there shall be a judgment or verdict in favour
of the defendant or defendants, the party or parties for whose use
the action was instituted shall be answerable for the legal costs of
Suit, and may be proceeded against by attachment against the per-
son or property of such party or parties for the recovery of the same,
in the same manner as if he, she or they, had been entered by rule
of court the security for such costs of suit.
8 Gill and J. Rep.,125, State vs. Turner; 4 Gill and J. Rep., 407, Charlott Hall vs.
Greenwell.
Usee when lia-
ble for costs, name
to be indorsed on
writs.
Md. act 1794, ch.
54, sec. 10.
1 Kilty, 509.
1 Dorsey, 314.
SEC. 98. That in every suit which shall or may hereafter be ordered
or directed on any administration, testamentary, inspector's col-
lector’s or Marshal’s [sheriff's] bond, the clerk shall, and he is
hereby directed, before the issuing of the writ, to endorse thereon
the name or names of the party or parties at whose instance, and for
whose use, the said suit was instituted ; and in case the said action
shall or may be struck off, discontinued or mom, prossed, or in case
there be a judgment on verdict in favour of the defendant, the party
or parties at whose instance the action was instituted shall be answer-
able for the legal costs of suit, and may be proceeded against by
attachment against the person or property of such party or parties
for the recovery of the same, in the same manner as if he, she or
they, had been entered by a rule of court the security for such costs
of suit : Provided, That nothing in this act shall be construed to
alter the present existing laws of this District [state] relative to the
payment of costs by executors or administrators.
CHAPTER L.-OFFICERS OF COURTS, FEES AND COSTS. 4.17
SEC. 99. That in all cases of appeals, or writs of error, hereafter On appeals, etc.;
brought or prosecuted by any defendant or person grieved by any . º award
judgment, and the judgment of the inferior court, upon the merits **
of the question between the parties, and not upon the form of pro- Md. agt 1785, ch.
ceeding, be reversed, the court reversing such judgment shall award *::::: 61
costs incurred by the defendant, or person grieved by such judgment, ñº; 333
both in the superior and inferior courts, to be paid by the plaintiff 3 * ~~ *
or person against whom such writ of error or appeal be prosecuted,
and judgment shall be entered in the court determining such appeal
or writ of error for the costs aforesaid, and execution may issue for
the same from such court. .
SEC. 100. That in all actions upon the case for slanderous words, ... Costs in slander
to be sued or prosecuted by any person or persons in any the courts limited.
of record [at Westminster] or in any court whatsoever that hath TJames I, ch. 16
power to hold plea of the same, if the jury upon the trial of the issue sec. 6, A.D. 1633. '
in such action, or the jury that shall enquire of the damages, do find , Alex. Brit. Stat.,
or assess the damages under forty shillings [$5.33%), then the plain- “ºil ’s Rep. 237
tiff or plaintiffs in such action, shall have and recover only so much ys kepºt.
costs as the damages so given or assessed amount unto, without any
further increase of the same ; any law, statute, custom or usage to
the contrary in any wise notwithstanding.
SEC. 101. Where several persons shall be made defednants to any Each defendant
action or plaint of tresspass, assault, false imprisonment, or ejectione when entitled to
firmſe, sº any one or more of them shall be upon the trial thereof recover costs.
acquitted by verdict, every person Or persons So acquitted shall have sand 9 william
and recover his costs of suit in like manner as if a verdict had been III, ch. 11, sec. 1,
given against the plaintiff or plantiffs, and acquitted all the defend- A.P.1087;
ants, unless the judge, before whom such cause shall be tried, shall, ºritsaº
immediately after the trial thereof, in open court, certify upon the Étºis Rep.,243.
record, under his hand, that there was a reasonable cause for the * 3.
making such person or persons a defendant or defendants to such
action or plaint.
SEC. 102. If any person or persons shall commence or prosecute in Defendant re-
any court of record, any action, plaint, or suit, wherein upon any govers cºsts where
demurrer, either by plaintiff or #ji, demandant Or tenant, :*.*, S UI S-
* e & - & C ppeal
judgment shall be given by the court against such plantiff or demand-affirmed etc.
ant, or if at any time after judgment given for the defendant in any &
such action, plaint, or suit, the plaintiff or demandant shall sue any ºld. Sec. 2, p.
writ or writs of error to annul the said judgment, and the said judg- *
ment shall be afterwards affirmed to be good, or the said writ of error
shall be discontinued, or the plantiff shall be nonsuit therein, the
defendant or tenant, in every such action, plaint, suit, or writ of error,
shall have judgment to recover his costs against every such plantiff
Or plantiffs, demandant Or demandants, and have execution for the
same by capias ad Satisfaciemdum, fieri facias, or elegit.
SEC. 103. Forasmuch also as bailiffs, to whose office it belongeth No distress shall
to take distresses, intending to grieve their inferiors, that they may be ºn but by
exact money of them, do Send strangers to take distresses, to the in- lººknown and
tent that they might grieve their inferiors, by reason that the * e
parties so distrained, not knowing such persons, will not suffer the ...13 Edward I, ch.
distresses to be taken; (2) it is provided, that no distress shall be *. 1, A. D.
taken, but by bailiffs sworn and known. (3) And if they which do tºx. Brit.stat
distrain do otherwise, and thereof be convict (if the parties grieved 143. "'
will purchase a writ of trespass) they shall restore damages to the Kilty's Rep,,213.
parties grieved, and besides, shall be grievously punished towards
the King [the United States of America].
27 C S
418
CHAPTER L.-OFFICERS OF COURTS, FEES AND COSTS.
Defend a nts
shall not recover
costs against the
|United States.
24 Henry VIII,
ch. 8, Sec. 1, A. D.
1532.
Alex. Brit. Stat.,
290,291.
Kilty's Rep.,231.
Plaintiff, being
monsuited, shall
yield damages to
the defendants in
actions personal.
23 Henry VIII,
ch. 15, sec. 1, A. D.
1531.
Alex, Brit. Stat.,
287,288.
Kilty’s Rep., 231.
Costs given to
defendant when
wer dict in his
favor.
4 James I, ch. 3,
sec. 2, A. D., 1606.
Alex. Brit. Stat.,
432.
Kilty's Rep.,236.
On quash ing
writ of error de-
fendant shall re-
COver COStS.
4 Anne, ch. 16,
Sec. 25, A. D
SEC. 104. Albeit that the plaintiff or plaintiffs be or shall be non-
suited in any whatsoever action, Suit, bill or plaint, commenced, or
to be commenced, sued, or to be sued, to the use [of the United
States of º or that it shall happen any verdict to pass
against any such plaintiff or plaintiffs, in any action, Suit, bill or
plaint, sued, or to be sued to the use [of the United States of America];
the defendant or defendants shall not recover any cost against any
such plaintiff or plaintiffs, any act or statute, or any other thing to
the contrary being in any wise notwithstanding.
SEC. 105. If any person. Or persons, at any time commence, Orsue
in any court of record, or elsewhere in any other court, any action,
bill, or plaint of trespass upon the statute of King Richard the Sec-
ond, made in the fifth year of his reign, for entries into lands, and
tenements, where none entry is given by the law, (2) or any action,
bill, or plaint of debt or covenant, upon any especialty made to the
between the plaintiff or plaintiffs, and any other person or persons,
(4) or any action, bill, or plaint of detinue of any goods or chattels,
whereof the plaintiff or plaintiffs shall suppose that the property
belongeth to them, or to any of them, (5) Or any action, bill, or
#. of account, in the which the plaintiff or plaintiffs suppose the
defendant or defendants to be their bailiff or bailiffs, receiver or
receivers of their manor, mese, money, or goods, to yield account,
§ Or any action, bill, or plaint º the case, or upon any statute,
or any offence or wrong personal immediately supposed to be dome
to the plaintiff or plaintiffs, (7) and the plaintiff or plaintiffs in any
such kind of action, bill, or plaint, after appearance of the defend-
ant or defendants be monsuited, or that any verdict happen to pass,
by lawful trial, against the plaintiff or plaintiffs in any such action,
bill, or plaint, that then the defendant or defendants in every such
action, bill, or plaint, shall have judgment to recover his costs
against every such plaintiff or plaintiffs; (8) and that to be assessed and
taxed by the discretion of the judge or judges of the court where any
such action, bill, or plaint shall be commenced, Sued, or taken; (9)
and also that every defendant in such action, bill, or plaint shall
have such process and execution for the recovery and having of his
costs against the plaintiff or plaintiffs, as the same plaintiff or plain-
tiffs should or might have had against the defendant or defendants,
in case that judgment had been given for the part of the said plain-
tiff or plaintiffs, in any such action, bill or plaint.
SEC. 106. If any person or persons shall commence or Sue in any
court of record, or in any other court, any action, bill, or plaint of
trespass, or ejectione firmce, or any other action whatsoever, wherein
the plaintiff or defendant might have costs (if in case judgment
should be given for him) and the plaintiff or plaintiffs, demandant
Or demandants, in any such action, bill or plaint, after appearance
of the defendant or defendants, be nonsuited, or that any verdict
happen to pass by any lawful trial against the plaintiff or plaintiffs,
demandant Or demandants, in any such action, bill Or plaint, then
the defendant and defendants, in every such action, bill or plaint,
shall have judgment to recover his costs against every. Such plaintiff
and plaintiffs, demandant and demandants, (3) to be ãº. taxed
and levied in manner and form, as costs in the said recited actions
are to be assessed, taxed and levied in and by the said law of the
three and twentieth year of King Henry the Eighth. Coke, 29.
SEC. 107. That upon the quashing any writ of error to be sued Out,
for variance from the original record or other defect, the defend-
ants in such error shall recover against the plaintiff or plaintiffs,
issuing out such writ, his costs, as he should have had if the judg-
ment had been affirmed, and to be recovered in the same manner.
fió, Alex. Brit. Stat., pp. 668, 664; Kilty's Rep., 247.
A
ſ
plaintiff or plaintiffs, (3) or upon any contract supposed to be made
CHAPTER L–OFFICERS OF COURTS, FEES AND COSTs.
419 |
*
FEES OF JUSTICES OF THE PEACE.
Prescribed the 19th day of July, 1878, by the Supreme Court of
the District of Columbia.
For issuing every summons to commence a suit. . . . . . . . . . . . . . . . . . . . . . . .
For every additional name, if there be more than one defendant . . . . . . . . . .
For each subpoena for witness. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
For copy of each Summons or Subpoena. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
For administering any oath or affirmation at trial . . . . . . . . . . . . . . . . . . . . . . . . .
For Oath to any account . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
For trial fee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
For continuance of trial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
For entering judgment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ; * g e g º ºs e º a s ºr e º 'º º
For issuing fieri facias . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
For entering satisfaction or discontinuance . . . . . . . . . . . . * * * * * * * * * * * * * * * * * * *
For supersedeas bond . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
For appeal bond, certificate of appeal, and transmission of record . . . . . . . . .
For 80ire facias. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
For writ between landlord and tenant, including affidavit and complaint ..
For writ of restitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
For issuing United States warrant, writing information, etc. . . . . . . . . . . . . . .
For warrant issued in the name of the District of Columbia, including affi-
davit and complaint . . . . . . . . . . .* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * . . . . . . . . e
For affidavit or affirmation written out . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
For warrant against witness for contempt in disoleying subpoena. . . . . . . . . .
For certifying papers to court where no property found whereon to levy,
and On Certiorari . . . . . . . . . • - - - - - - • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
For duplicate or exemplification of judgment. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
For attachment on judgment and interrogatories and copies . . . . . . . . . . . . . .
For bond for costs by non-resident before entering suit. . . . . . . . . . . . . . . . . . . .
For Order of publication . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
For certificates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
For attachment for rent, with declaration, bond, affidavit, and copies. . . . . .
For issuing venire facias. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
For Swearing jury . . . . . . . . . . . . . .* * * * * * * * * * * * * * * * * * . . . . . . . . . . . . . . . . . . . . . .
For taking recognizances, in any case . . . . . . . . . . . . . . . . . . . • * * * * * * * * * . . . . . .
For Commitment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
For discharge from goal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
For receiving amount of judgment before execution, two per cent. On the
amount paid over.
For entering amicable suit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
For opening judgment for re-hearing. . . . . . . . . • * * * * * * * * * * * * * * * * * * * * * * e e s e e *
For bail-piece and return or Supersedeas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
For trial with jury, in addition to other fees, or in forcible entry and
detainer, for each day. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
For recording proceedings therein. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
For entering rule to take depositions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
For entering return of same. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * * * e º e º e º 'º e s
For entering return of execution on stay of plaintiff, or nulla bona, or oth-
erwise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
For every acknowledgment of a deed or other instrument of writing, for
each party signing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
For issuing venditio exponas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I certify that the foregoing is truly copied from the record, 3.
Minutes, General Term, page 230.
- J. R. YOUNG,
Clerk.
FEES OF CONSTABLEs.
Prescribed the 19th day of July, 1878, by the Supreme Court of
the District of Columbia.
For serving every Summons. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
For Serving copy on each defendant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
For serving warrant against witness for contempt in disobeying subpoena. .
For serving seven days’ summons in case of landlord and tenant. . . . . . . . . . .
For serving every subpoena. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
For serving attachment in case of landlord and tenant, same fees allowed
marshal.
For collecting and paying over on execution, whether a sale has been made
or otherwise, a commission of five per centum,
420
CHAPTER LI.—PARTITION. -
For Serving attachment on judgment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
For transfer of papers from one justice to another, in case of change of venue. . 25
For summoning each juror accepted in case of trial by jury. . . . . . . . . . . . . . . . . 25
For taking charge of jury . . . . . . . . . . . . . . . . . • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 1.00
For conveying each person to jail upon commitment, by a justice of the
peace, in addition to the actual expense incurred by the constable . . . . . . . 1.00
For return on writ of fieri facias . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
I certify that the foregoing is truly copied from the record, 3.
Minutes, General Term, page 230.
J. R. YOUNG,
Clerk.
CHAPTER FIFTY-ONE.
PARTITION.
Sec. Sec.
1. Partition of lands among tenants in 7. Allowances to commissioners in
common; how made. . . making sales of land, etc.
2. Court may decree sale and division | 8. In cases of sales by commissioners,
of proceeds in partition of lands deeds to purchasers, etc.
among tenants in common. 9. When estate sold on credit, bond to
3. Payments; how made in case of sale secure unpaid purchase money.
of land in partition proceedings. 10. Widow's dower may be laid off.
4. Where parties entitled to land can 11. Widow may consent to sale, receiving
not agree upon a division, and in her share of proceeds.
cases of minors, application may | 12. Joint tenants and tenants in common
be made to the court, etc., for par- of their own or their wives' rights
tition. may make partition. -
5. Proceedings in partition regulated | 18. Proviso, to preceding section, as to
where lands are under a certain recovery, etc.
value, 14. When tenants for life may have par-
6. Proceedings, sales of land descended, tition.
not susceptible of division in kind; 15. Partition to be prejudicial to parties
encumbrances; election by any of Only. -
Pa, rtiti O n Of
lands among ten- .
ants in common
in District of CO-
lumbia ; how
made.
Aug. 15, 1876.
19 Stat., 202.
Sup. R. S., 247.
Court may de-
cree sale and divi-
sion of proceeds.
Ibid., Sec. 2.
º
In case of sale,
how payments to
be made.
Ibid., sec. 3.
145 U. S. Rep.,
116 Willard vs.
Willard; 1 Appeal
Cases, D. C., 418,
Mudd vs, Grinder,
heirs to take, etc.
SEC. 1. That all tenants in common and coparceners of any estate
in lands tenements, or hereditaments, equitable as well as legal,
within the District of Columbia, may, in the discretion of the Court,
be compelled in any court of competent jurisdiction, to make, or
suffer partition of such estate or estates.
In proceedings for partition all persons in interest shall be made
parties in the same manner as in cases of equity jurisdiction.
And in proceedings for partition under this act, the court may in
addition to the powers herein conferred, exercise such powers as are
or may º conferred by virtue of the general equity jurisdiction of
the Court. .
SEC. 2. The court, in all cases, in decreeing partition, may, if it
Satisfactorily appears that said lands and tenements, or any estate or
interest therein, cannot be divided without loss or injury to the
parties interested, decree a sale thereof, and a division of the money
arising from Such sale among the parties, according to their respec-
tive rights and interests.
SEC. 3. In all such sales, unless the court shall by special Order
direct or require on good cause shown, that the sale be made for cash,
the purchase money shall be payable, one-third on day of Sale, One-
third in One year, and º in two years thereafter, with interest,
the deferred payments to be secured to the parties, according to their
respective interests, by good. and sufficient mortgage upon the prem-
ises so sold, which shall be subject to the approval of the court.
CHAPTER LI.—PARTITION. 421
SEC. 4. In case the parties entitled to the intestate's estate cannot Where parties
agree upon the division thereof, or in case any person entitled to any . : *...*.
part be a minor, an application may be made to the court of the county ...º.º.
where the estate lies, and the court shall appoint and issue a com- etc. for partition.
mission to five discreet Sensible men, who before they act shall
take an oath, to be annexed to the commission, well and truly, and 4. 1786, ch.
without favour, partiality or prediudice, to adjudge and determine ºffiy, 99.
whether the estate will admit of being divided without injury and Thomp. Dig,182.
loss to all the parties entitled, and to ascertain the value of such ...? Peters Rep.,
estate in current money, and if the estate can, in the opinion and # º .
judgment of the commissioners, or a majority of them, be divided ...i.
without loss and injury to all the parties entitled, that they will then Thompson; 3
divide and make partition of the same fairly and equally in value Cranch, Ct., 319,
between all the parties interested, according to their several just *** :
proportions; and if the said commissioners, or a majority of them, śis sº
shall determine that the estate can not be divided without loss to all shºw; 6 Mā. Rep.
the parties, then they shall make return to the county court of their 435, Hames vs.
judgment, and the reasons upon which the same is formed, and the Ham; ; Gill
real value of the estate in current money, (a) and if the judgement of *Pºº
the commissioners shall be confirmed by the county court, then the ºl.i...º.º.
eldest son,’ child or person entitled, if of age, shall have the election in vs. 'Catlin; 4.5
to take the whole estate, and pay to the others their just proportions Md. Rep., 582,
of the value in money; and if the eldest child or person entitled #: *:: iſi.
refuses to take the estate, and pay to the others money for their jg B. & 6.
proportions, then the next eldest child or person entitled, being of Ryº is fatterson.
age, shall have the same election, and so on to the youngest child or
person entitled, (b) and if all refuse, then the estate shall be sold
under the direction of the said commissioners, (c) or a majority of
them, for money or upon credit, as they, with a majority of the
ersons interested, who are of age, and the guardians of such as ma
i. minors, shall determine to be most advantageous to all concerned,
and the purchase money shall be justly divided among the several
persons interested according to their respective titles to the estate;
but if all the parties entitled shall be minors at the death of the intes-
tate, the estate shall not be sold until the eldest arrives to age, and the
profits of the estate shall be equally divided in the mean-time; and
if the commissioners, or a majority of them, shall determine that the
land or estate can be divided without loss and injury to all the parties,
they shall cause the lands to be surveyed and laid out by the county
surveyor, or such other person as they may think qualified, for the
several parties, in case the estate consists of lands; and the commis-
sioners appointed as aforesaid, or a majority of them, shall allot to
the several parties their respective shares of the said land; and in
case the estate shall consist of houses, the commissioners shall make
allotment and partition between the parties; and the commissioners
appointed, after having made partition or allotment in manner afore-
said, shall return their proceedings to the next county court to happen
thereafter, which shall be ratified or rejected as justice shall dictate,
and if ratified, and no appeal by either party, the partition made as
aforesaid shall be recorded and remain, and be binding; and if
rejected, a new partition shall be made and returned as aforesaid,
and either party may appeal to the chancellor from the judgment of
the county court; and if the intestate has died possessed of more
tracts of land than one, then the division shall be made so as not to
split the several tracts of lands, if it can be done consistently with
equality, and if it can not be exactly done by this mode, then so
much of the larger or more valuable tracts of land shall be taken
and added to the less valuable as will make the portion equal in
value; and if lands or other estate lie in different counties, then an
application may be made to the chancellor, who shall appoint Com-
missioners to make the whole examination and division, or commis-
CHAPTER LI.-PARTITION.
sioners for each county where the lands or other estate lie, as to him
may seem most convenient; and the commissioners by him appointed
shall proceed in the same manner as directed for commissioners
appointed by the county courts, and shall make returns to the cham-
Partition pro-
Ceedings regulated
where lands under
•Certain value.
Ibid., sec. 9.
2 Kilty, 100.
Thomp.I)ig.,185.
cellor for his confirmation or rejection, and similar proceedings shall
be had in the 'chancery court upon a commission issued from that
court, as are before directed upon commission issued from the county
court, and in case of commission issued from the chancery court,
either party may appeal to the court of appeals, but there shall be
no appeal from the decision of the chancellor in cases where the
commission issues from the county court] and in the execution of
this act, reasonable notice shall always be given by the commissioners
to all parties concerned before any proceeding is had, and if any
minorshall beinterested who hath not a guardian, then the court from
which the commission issues shall appoint a guardian for the purpose,
and no proceedings of the commissioners shall be set aside for mat-
ter of form; and if the estate consists of things indivisible in their
nature, then the rule of the common law as to the enjoyment thereof
shall take place between the parties entitled.
SEC. 5. If the inheritance consists of land not worth more than
fifty pounds ready current money [$133.33%) per acre, to be ascer-
º by the commissioners aforesaid, then the same shall not be
divided into any shares less than fifty acres each, and if the land
shall not be above the value aforesaid, and there be not sufficient
to distribute to each person entitled fifty acres, and the land is
determined to admit of division without loss to all the parties
as aforesaid, then the land shall be equally divided among such
number of the persons entitled as the quantity of land left by
the intestate, divided by fifty, will give; and the land so divided shall
be offered, and, if accepted, belong to the eldest male person entitled
by the course of descent, as by this act is settled, if the number of
males entitled be sufficient to take the whole, and if not, to the eldest
females to make the number sufficient to take the whole, and if there
be no males, then to the eldest females; and if any person refuses to
accept the land as aforesaid, then the same shall be offered to the
persons entitled next in seniority, pursuing the rule between males
and females as is above directed; and upon such division and accept-
ance, the persons entitled under the course of descent aforesaid, who
may be left without a share of land, shall in lieu thereof have in
money the reasonable and moderate value of the land which would
have fallen to their share upon a division among all the persons
entitled, to be ascertained by the commissioners aforesaid, and
returned to the ſcounty] court for their confirmation or rejection,
which money shall be paid to the persons entitled out of such part of
the personal estate left by the intestate, as would, upon a distribu-
tion thereof belong to the persons provided for by accepting a share
of land as aforesaid, if the same be sufficient, and if not, the deficiency
Troceedings reg-
tilating sales of
1 and descended;
encumbrance S ;
election.
shall be paid equally by the persons having land as aforesaid, and
the same shall be alien and incumbrance on such land until paid,
and may be recovered by an action upon the case brought by the
parties respectively entitled, wherein it shall be only necessary to
charge the person or persons holding the land with money had and
received to the use of the plaintiff or plaintiffs, and the sum justly
due shall be ascertained and recovered. -
SEC. 6. All sales by the act to direct descents directed to be made
of lands which will not admit of division amongst the heirs, shall
be made agreeably to the order of the court from which the commis-
sions issued, and shall not be valid until ratified by the said Court ;
and the commissioners for valuing such lands as in their judgment
CHA PTER LI. —PARTITIO N. & 423
will not admit of a division, shall take into consideration any incum- ... Md. act 1797, ch.
brance on the lands, and report the value of the lands, subject to the **ś."
* º - & ; vec, Kilty, 758.
incumbrance; and the election of any of the heirs to take the lands, ii., §s.
and pay the others their proportions, shall be made in the said court, Thomp. Dig.,
before the expiration of the term next succeeding the term on which 186.
the return of the commissioners shall have been confirmed. 3. Cranch, Ct.
Rep., 321, Hast-
- - . . - ings vs. Granberry.
SEC. 7. That the chancellor shall be and they are hereby author- Chancellor, etc.,
ized and empowered to allow to each commissioner, for every day ºy ºkº allº-
he shall necessarily attend in the execution of such commission, a ...”.”
sum not exceeding two dollars per day, and to the surveyor 5 * > v vs
employed by them, (when necessary,) a sum not exceeding four * act 1799, ch.
dollars per day for himself and chain-carriers, and such other "sºil; 889
expences as they may deem reasonable and proper; all which Thomp, jig.,
allowances and expences, together with the fees on the issuing and 186.
return of such commission, shall be paid by the representative or
representatives, as the case may be, applying for the commission,
when the lands or estate are divided, or by the representative
making his or her election to take the estate pursuant to the Original
act, and such representative or representatives, as the case may be,
may charge the other representatives with their respective propor-
tions of the whole sum so paid, and each other representative, or
his or her guardian, shall be obliged to repay or allow him his or
her part thereof respectively; and in case the lands or estate shall
be sold by the commissioners agreeably to the provisions of the said
act they shall then pay, out of the money arising from the sale, the
whole of the expences attending the execution of their commission,
to be allowed as above by the chancellor. - 4 $f
SEC. 8. In all cases of Sale made by the said commissioners, after the When commis-
same shall be ratified by the respective county courts, or chancellor, sioners.shall make
and the terms of sale shall have been complied with by the purchaser deed to pur-
or purchasers having paid the purchase money agreeably to the *.
said terms of sale, it shall then be the duty of the commissioners, or Ibid., sec. 3.
a majority of them, or the survivors or survivor of them, to make 2 Kilty, 889.
over unto the purchaser or purchasers, by deed duly executed and , Thomp. Pig."
acknowledged according to law, all the right, title, claim, interest 187.
and estate, of the deceased intestate to the lands and premises sold
by them in virtue of their commission, and the commission, and
proceedings thereon, shall be recited in the preamble of the
respective deeds; and every such deed shall be recorded within the
time now limitted by law.
SEC. 9. When the estate of an intestate shall be sold on a credit, Bonds to betaken
bonds shall be taken for the purchase money from the purchaser or when estate sold
purchasers by the commissioners, with security if required, and **
made payable to each representative respectively, according to his Ibid., sec. 4.
or her proportional part of the net amount of sales. 2 Kilty, 889.
54 Md. Rep., 102, B. & O. Ry. vs. Trimble; 4 Gill Rep., 163, Thompson vs. State; 6
Gill and J. Rep., 49, Ridgely vs. Iglehart.
SEC. 10. The commissioners shall be and they are hereby empow- Widow's dower
ered and directed to ascertain and lay off the widow’s dower in and to may be laid off,etc.
the lands and tenements of theintestate, by virtue of their commission, Tbid. s. 5
before they shall proceed to divide or value the same; and the said 3 kilty, Śsš.
commissioners shall make the ascertainment and location of Such 17 Md. Rep.,231,
dower a part of their return to such commission; and the chancellor Phelps vs. Stew-
shall determine thereon, and confirm or reject the same, as in other *
cases under the said act. -
424 CHAPTER LI.—PARTITION.
Widow may con- SEC. 11. In case of sale of the intestate’s real estate by the com-
Sent to Sale, re- missi rºs i * † * - tº w
ceiving her share º if the widow will consent to the sale of the whole estate,
of proceeds. she shall signify and subscribe her consent in writing, and the same
* shall be filed with the clerk of the county court, or with the register
*:::::::: in chancery, as the case may be, and thereupon the said commission-
ers shall proceed to sell the whole real estate agreeably to the terms
prescribed to them, disincumbered by any right or title of dower,
and in consideration thereof the chancellor, or the county court,
respectively, shall award to the widow such proportion of the pur-
chase money as he or they shall think just and equitable, not exceed-
ing more than one-seventh part, nor less than one-tenth part of the
net amount of Sales, according to the age, health and condition of
such widow; and such award of payment shall be a sufficient bar to
all and every right Or title of dower which such widow may claim
to the lands and tenements of such intestate. -
Thomp. Dig. ,
188. -
a;*...*:: SEg, 12. That all joint, tenants and tenants in common, that
...a...:"...hº... now be, or hereafter shall be, of any estate or estates of inheritance
own of their in their own rights, or in the right of their wives, of any manors,
wives’ rights,shall lands, tenements, or hereditaments, or the marches of the same,
make partition, shall and may be coacted and compelled, by virtue of this present
31 Henry VIII, act, to make partition between them of all such manors, lands, tene-
ch, 1, sec. 2, A. D. ments, and hereditaments, as they now hold, or hereafter shall hold
1% p. as joint tenants, or tennants in common, by writ de participatione
sºles. *** facienda, in that case to be devised in the Court of Chancery, in like
Élty's Rep.,231. manner and form as coparceners by the common laws have been and
8,126 tºpºilable to do, and the same writ to be pursued at the com-
IClOIl 18, W. ..”
. #. Prº. SEC. 13. Provided alway, and be it enacted, That every of the said
...” joint, tenants, or, tenants in common, and their heirs, after such
* †— partition made, shall and may have aid of the other, or of their
Ibid., sec. 3. #. to the intent to dereign the warranty paramount, and to recover
for the rate, as is used between coparceners after partition made by
the order of the common law; anything in this act contained to the
contrary notwithstanding. *
Where some hold SEC. 14. That all joint tenants, and tenants in common, and every
as tenants for life, of them, which now hold, or hereafter shall hold, jointly or in com-
i. ** Pºº" mom for term of life, year or years, or joint tenants, or tenants in
gº common, where one or some of them have, or shall have estate Or
83. Henry VIII, estates for term of life or years, with the other that have or shall
º # sa. have estate or estates of inheritance or freehold in any manors,
3:... “” lands, tenements, or hereditaments, shall and may be compellable
from henceforth, by writ of partition to be pursued out of the Court
of Chancery, upon his or their case or cases, to make severance and
partition of all such manors, lands, tenements, and hereditaments
which they hold jointly or in common for term of life or lives, year
or years, or where one or some of them hold jointly or in common
for term of life or years with other, or that have an estate or estates
of inheritance of freehold. -
|Partition to be SEC. 15. Provided alway, and be it enacted, That no such partition
#. º *** * or severance hereafter to be made by force of this act, be, nor shall be
p y. prejudicial or hurtful to any person or persons, their heirs or suc-
Ibid., Sec. 2, cessors, other than such which be parties unto the said partition,
their executors, or assigns. •
y
CHAPTER LII.—PAWNBROKERS.
425,
CHAPTER FIFTY-TWO.
PAWNBROKERS,
Sec. - Sec.
1. License of, by whom granted; pen- 8. Sales of pawned goods; when and
alty for doing business unlicensed. | how made.
Definition of “pawnbroker.” 9. Notice of sale to contain descrip-
2. Cost of license, yearly renewal, etc. tion of articles sold, etc.; how pub-
3. Bond for due observance of law- lished.
Suits against ; how brought. 10. Surplus of proceeds of sale in excess
4. Books to be kept with accurate de- of amount loaned; to whom to be
scription of goods pawned and of paid.
pawnee. 11. What loans prohibited.
5. Descriptive receipt of article pawn- | 12, Purchases of goods; when prohib-
ed to be delivered to pawnee free ited.
Of charge. 13. Penalty for violation of any of pro-
6. Books of description of pawned visions of this act ; how recov-
goods to be open to inspection of ered. -
authorities. 14. Repeal of acts and parts of acts
7. Maximum rate of interest on loans; [ inconsistent here with.
penalty for exceeding such rate.
SEC. 1. The Commissioners of the District of Columbia may from
time to time grant licenses, under their hands and Seal, to such per- D
sons citizens of the United States as shall produce to them satis-
factory evidence of their good character, to exercise or carry on the
business of a Fº which license shall designate the building
in which said person shall carry on said business; and no person
shall exercise or carry on the business of a pawnbroker without
being duly licensed by the Commissioners of the District of Columbia,
nor in any other building than the One designated in said license,
except by the consent in writing of the said commissioners, under
the penalty of fifty dollars for each day he or she shall exercise or
carry on said business without such license, or in any other building
than the one so designated, except by the consent of the Commis-
sioners as aforesaid. Any person, corporation, member, or mem-
bers of a corporation. Or firm who loans money on deposits or pledge
On personal property, or other valuable thing, other than Securities
or printed evidences of indebtedness, or who deals in the purchasing
of personal property or other valuable thing on condition of selling
the same back again at a stipulated price, is hereby declared and
defined to be a pawnbroker.”
SEC. 2. Every person receiving such license shall pay therefor the
sum of one hundred dollars for the use of the District of Columbia
yearly, and every such license shall expire one year from the date
thereof, and may be renewed On application to the Commissioners
of the District each and every year on #. of the same sum,
and upon performance of the other conditions herein contained.
SEC. 3. Every person so licensed shall at the time of receiving such
license, and before the same shall be operative, enter, with two suf-
ficient Sureties, into a joint and several recognizance to the Com-
missioners of the District of Columbia, in the penal sum of three
thousand dollars, conditioned for the due observance of all such acts
of the Congress of the United States as may be passed or in force
respecting pawnbrokers at any time during the continuance of such
license. If any person shall be aggrieved by the misconduct of any
ºwner Okers, .
To be licensed by
Commissioners.
Penalty for
Carrying on busi-
ness without li-
CellSe.
Definition of
pawnbroker.
Mar. 2, 1889.
25 Stat., 1006.
2 Sup. R. S., 699.
Cost of license.
Term of license. .
Ibid., sec. 2.
Bond for due ob--
* See also act of Congress, Mar. 3, 1891; 26 Stat., L. 841; Sup. R. S., 2 Ed., 910.
servance of law.
&
426
CHAPTER LII.—PAWNBROKERS.
R e c o v ery
-against Surety.
Ibid., Sec. 3.
Book of entries
of goods, etc.,
pawned.
Particulars.
Ibid., Sec. 4.
Memorandum of
receipt.
Ibid., p. 107, Sec.
.5
Book to be open
to the authorities.
Ibid., sec. 6.
Maximum rate
of interest on
loans.
Ibid., p. 107, sec.
7.
... Goodstoremain
In pawn One year
before sale.
8 Ibid., p. 107, sec.
Notice of sale,
etc.
Ibid., sec. 9.
such licensed pawnbroker, and shall recover judgment against him
therefor, such person may, after the return unsatisfied, either in
whole or part, of any execution issued upon said judgment, main-
tain an action in his own name upon the bond of said pawnbroker
in any court having jurisdiction of the amount claimed, provided
such court shall, upon application made for the purpose, grant such
leave to prosecute.
SEC. 4. Every pawnbroker shall keep a book in which shall pe
fairly written, at the time of each loan, an accurate account and
description of the goods, article, or thing pawned or pledged, the
amount of money loaned thereon, the time of pledging the same,
the rate of interest to be paid on such loan, and the name and resi-
dence of the person pawning or pledging the said goods, article, or
thing, together with a particular description of such person, includ-
ing complexion, color of eyes and hair, and his or her height and
general appearance.
SEC. 5. Every pawnbroker, shall, at the time of each loan deliver
to the person pawning or pledging any goods, article, or thing a
memorandum or note, signed by him or her, containing the sub-
stance of the entry required to be made in his or her book by the
last preceding section, excepting as to the description of the person,
and no charge shall be made or received by any pawnbroker for any
Such entry, memorandum or note. -
SEC. 6. That the said book shall at all reasonable times be open to
the inspection of the Commissioners of the District of Columbia, all
judges of criminal courts, major and Superintendent of police, cap-
tains of police of the city of Washington, District of Columbia, or
any or either of them, or of any policeman who shall be duly author-
ized in writing for that purpose by any or either of them, and who
shall exhibit such written authority to such pawnbroker.
SEC. 7. No pawnbroker shall ask, demand, or receive any greater
rate of interest than twenty-four per centum per annum upon any
loan not exceeding the sum of twenty-five dollars, or more than
twelve per centum per annum upon any loan exceeding the sum of
twenty-five dollars, under the penalty of one hundred dollars for
every such offense.
SEC. 8. No pawnbroker shall sell any pawn or pledge until the
same shall have remained one year in his or her possession, unless
by consent in writing of the pawner; and all such sales shall be made
at public auction j not otherwise, and shall be made or conducted
by such auctioneers as shall be designated and approved of for that
purpose by the Commissioners of the District of Columbia.
SEC. 9. Notice of every such sale shall be published for at least
six days previous thereto, in one or more of the daily newspapers of
general circulation printed in the city of Washington, District of
Columbia, and such notice shall specify the time and place at which
such sale is to take place, the name of the auctioneer by whom the
same is to be conducted, and a description of the articles to be sold.
Disposal of sur-
plus of sale.
Ibid., sec. 10.
SEC, 10. The surplus money, if any, arising from any such sale,
after deducting the amount of the loan, the interest then due on the
same, and the expenses of the advertisement and sale, shall be paid
over by the pawnbroker to the person who would be entitled to
redeem the pº in case no such sale had taken place. -
CHAPTER LIII.-PENITENTIARY.
427
t
SEC. 11. No pawnbroker shall make any loan on the separate or
divided part or parts of any one article or thing, and which article
or thing shall have been offered entire or collectively to him or her
by way of pawn or pledge. -
SEC. 12. No pawnbroker shall, under any pretense whatever, pur-
chase or buy any second-hand furniture, metals, or clothes, or any
other article or thing whatever offered to him or her as a pawn or
pledge, except at sale by public auction, as hereinbefore provided.
SEC. 13. Any pawnbroker who shall violate or neglect or refuse
to comply with any or either of the provisions of this act, except
those contained in sections one and seven, shall, for every such
offense, upon conviction before a court of competent jurisdiction,
pay a fine of not more than one hundred dollars, for the use of the
JDistrict of Columbia.
Loansforbidden.
Ibid., sec. 11.
Purchases for-
bidden.
Ibid., sec. 12.
Penalty for vio-
lations. -
Ibid., 107, 108,
Sec. 13.
SEC. 14. That all acts and parts of acts inconsistent herewith be,
and the same are hereby, repealed.
CHAPTER FIFTY-THREE
PENITENTIARY.
..Sec. Sec.
1. Transfer of prisoners to District 28. Power of warden to punish.
- penitentiary; when. 29. Mode of punishment.
2. Use of penitentiary. 30. All punishments to be reported.
3. Inspectors. 31. Regulation of punishments; report
4. Warden. to Congress.
5. First meeting of inspectors. 32. Deduction from term for good
6. Regular meetings of board. conduct.
7. Quorum. - 33. Physician and surgeon.
8. Secretary of board. 34. Infirmary.
9. Inspections. 35. Removed to infirmary.
10. Labor of convicts. 36. Return to employment.
11. Proceeds of their labor. 37. Government of infirmary.
12. Rules and regulations. 38. Relaxation of discipline in favor of
13. Attention to cleanliness. the sick. -
14. Appointment of keepers, etc. - 39. Religious and moral instruction.
15. Inspection of accounts. 40. Admission of visitors.
16. Annual report to Congress. 41. Penalty of officers for certain viola-
17. Inspectors not to be interested in tions.
contracts. 42. Protection of convicts and preserva-
18. Bond of warden. - - tion of order. -
19. How sued ; limitation. 43. Suits affecting penitentiary; how
20. Salary of warden. brought.
21. Duties of warden. 44. Allowance to prisoners upon dis-
:22. Warden's monthly account. charge.
23. Warden's quarterly accounts. 45. Designation of penitentiary by Attor-
.24. Warden not to be interested in con- ney-General. (Insane convicts
- tracts; penalty. may be transferred to hospital for
.25. Who to act in absence of warden. insane.)
.26. Manufacture of shoes for Army and 46. Attorney-General to contract for
- Navy. subsistence.
:27. Prison regulations, Sanitary pre- 47. Confinement of juvenile offenders.
cautions, descriptive list, confine- || 48. Attorney-General to contract for
ment in separate cells, except, their subsistence.
etc.; separation of the sexes, 49. Clothes and money furnished to
clothing, bedding, etc.; food, kind prisoner on discharge.
of labor at which to be kept, not ..
to converse without permission,
method of labor.
428 * CHAPTER LIII.-PENITENTIARY.
Transfer of pris: SEC. 1. Whenever a suitable penitentiary shall be erected in the
oners to º District and completed for the reception of prisoners, it shall be the
P*Y* duty of the Attorney-General to cause to be transferred to such
Sec. 1100, R. S. penitentiary all persons who shall then be imprisoned outside of the
issa 636 istrict, under sentence of any court of the District.
16 Jan., 1863, ch, 10, Sec. 6.
. Use of peniten- SEC. 2. The penitentiary shall be exclusively appropriated to the
tiary. confinement of such persons as may be convicted of offenses punish-
Sec. 1101, R. S. able with imprisonment and labor, under the laws of the United
. C. , States, or of the District. -
Mar. 3, 1829.
stat. 36.6, ch. 75,sec. 1.
Inspectors. SEC. 3. The President shall annually appoint five respectable
sec. 1102. R. S. inhabitants of the District to be inspectors of the penitentiary, who
6. y shall severally hold their offices for one year from the date of their
Mar. 3, 1829, , , appointment. -
4 Stat. , 365,
Sec. 2.
Warden. . SEC. 4. The President shall appoint, one warden of the peniten-
s. Ito. E. s. tiary, who shall hold his office during the pleasure of the President,
8. 5 but the office of warden shall be suspended and the salary and
Mar. 3, 1829. emolument thereof cease, during the time in which there shall be
4 Stat., 365. nitentiary used in the District.
..º.º. nº Pº y
13 Stat., 75, sec. 5,
First meeting of SEC. 5. The inspectors shall hold their first meeting within ten
inspectors. days after their appointment. -
Sec. 1104, R. S.
D. C. Mar. 3, 1829. 4 Stat., 365, Sec. 4.
Regular meet- SEC. 6. They shall hold meetings of the board at least once in every
ings of board, month, and oftener, if necessary.
Sec. 1105, R. S. D. C. Ibid.
Quorum. SEC. 7. A majority shall be a quorum for the transaction of busi-
Sec. 1106, R. S. DeSS, and all questions shall be decided by a majority of those present.
D. C. Thid.
Secret ary of SEC. 8. They shall appoint one of their number as secretary, who
board. shall keep regular records of their proceedings.
Sec. 1107, R. S. D. C. Ibid. -
Inspections. SEC. 9. The inspectors shall singly, in turn, visit and inspect the
se. 110s. E. S. penitentiary at least once in each week, upon some stated day, to be
D. C. y fixed by their by-laws.
Ibid.
Labor of convicts. SEC. 10. The inspectors shall direct in what labor the convicts.
Sec. 1109, R. S. shall be employed, subject to the provisions of section eleven hundred
~t and twenty-five. [See § 1125, R. S. D. C., § 26 post. *.
. C.
Ibid., pp. 365,366.
Proceeds of their SEC. 11. It shall be the duty of the inspectors so to manage the
labor. affairs of the penitentiary, if it be possible, that the proceeds of the
Sec. 1110, R. S. labor of the convicts shall pay all the expenses of the pententiary
D. C. and more ; but nothing contained in this section shall prevent the
Ibid. inspectors from employing the convicts in labor for the United States.
Rules and regu- SEC. 12. It shall be the duty of the inspectors to prepare a system
lations. of rules and regulations, minutely providing for the discipline, health,
Sec. 1111, R. S. and cleanliness of the penitentiary, the hours of labor, meals, and
*ia confinement, the government and behavior of the officers and con-
1C1.
Victs, so as best to carry into effect the provisions of this chapter;
and they shall take care that such rules and regulations are made
known to the Officers of the prison, and the convicts, and that the
strictest obedience is paid thereto.
CHAPTER LIII.-PENITENTIARY. 429
N
SEC. 13. The inspectors shall provide that the strictest attention Attention to
be paid to preservé cleanliness throughout the buildings, kitchens, cleanliness.
cells, bedding, and, as far as may be, in the persons and clothing of Sec. 1112, R. S.
onvicts. D. C.
the conv -- - Ibid., p. 366.
SEC, 14. The inspectors shall appoint, and at their pleasure remove, , Appointment of
such keepers, and other inferior officers and servants, as may be keepers, etc.
required for the service and government of the penitentiary. Sec. 1113, R. S.
D. C. Ibid.
SEC. 15. The inspectors shall, from time to time, inspect the lººtion Of
accounts of the penitentiary, and shall see that the affairs thereof *
are conducted with economy and integrity. Sec. 1114, R. S.
D. C. Ibid.
SEC. 16. The inspectors shall, in the month of January, in every ... Annual report to
year, report to Congress a detailed account of the expenses and 9°ngress.
income of the penitentiary, the number of convicts received, dis- Sec. 1115, R. S.
charged, or deceased, during the year, the rules and by-laws passed, D.C.
altered, or repealed, within the year, and such other matters relat- ſbid.
ing to the discipline and management of the prison as may be proper
to make known its state and condition; and if the penitentiary shall
fail to support itself, it shall be the duty of the inspectors to state,
in such report, what they suppose to be the reason of such failure.
SEC. 17. The inspectors shall not be concerned in any contract ...Inspectors not to
touching the affairs of the penitentiary; but, if any such contract º: ºted 1Il
shall be at any time made, in which the inspectors, or any of them, COIll I’a,Ct;S.
have, directly or indirectly, any interest, the same, so far as relates
to that interest, shall be null and Void.
Sec. 1116, R. S.
... D. C.
Ibid., sec. 9, p. 367.
SEC. 18. The wardem, before entering upon the duties of his office, Bond of warden.
shall give bond to the United States, with sufficient security, to be Tse, III.E. s
approved by the inspectors of the penitentiary, in such sum as they D. C. 3 -a-v s r. v .
shall direct, conditioned that he will faithfully perform the duties Ibid., sec. 7, p.
of his office, and truly account for all goods, money, or other articles 806.
belonging to the United States, Ór to individuals, which may, in the
discharge of the duties and trusts of his office, come into his custody,
and pay or deliver the same over to the United States, or such per-
sons as may be legally entitled thereto, whenever he shall be lawfully
required.
SEC. 19. The Warden's bond may be sued in the name of the United How sued; lim-
States, for the use of the United States, or any individual who may itation.
have a claim thereon, as often as the condition may be broken; but Ts. His is S
such suit shall be brought against the Security within six years of D. C. 3 -i-ve J -
the time when the cause of action accrued. 3 Mar., 1829.
- 4 Stat., Sec. 7,
p. 366.
SEC. 20. The Warden shall receive a salary of twelve hundred dol- Salary of warden,
lars a year. The other officers and servants of the penitentiary shall etc.
receive such annual or monthly pay as the inspectors shall direct. Sec. 1119, R. S.
w D. C. 5
Ibid., Sec. 5, p. 366.
SEC. 21. It shall be the duty of the warden to keep accurate Duties of warden.
accounts of all materials bought or furnished for the use or labor of Sec. 1120, R. S
the convicts, and also of the proceeds of their labor; he shall make pº 3 -i-ve N-2 °
all contracts and purchases for the Supplies necessary for the peni-IIbid., sec. 6, p.
tentiary; he shall have power to let out the labor of the convicts by 866.
contract, subject always, however, to the rules and discipline of the
penitentiary; he shall, under the Superintendence and inspection of
the inspectors, Oversee and manage all the affairs of the penitentiary,
and shall be responsible for the due enforcement of its rules, by-laws,
and discipline.
430 CHAPTER LIII.-PENITENTIARY.
, Warden's month. SEC, 22. The warden shall make out and deliver to the inspectors,
ly accounts. at each of their monthly meetings, an account of all moneys received
Sec. 1121, R. S. and expended by him on account of the penitentiary, during the
..C. preceding month, specifying from whom received, and to whom
Ibid. paid, and for what ; which account shall be sworn to by the warden,
and carefully filed and preserved among the papers of the board of
inspectors. .
Warden's quar- SEC. 23. The warden shall, on the first Monday of January, April?
*Y* July, and October, in each year, make out and exhibit to the proper
Sec. 1122, R. S. accounting Officer of the Treasury Department, an account of all
..C., moneys received and paid on account of the penitentiary for the pre-
Ibid. ceding three months, specifying from whom received, to whom paid,
and for what, and shall settle the same with the Treasury Depart-
ment. [See R. S. U. S., § 1828). -
Wº...?" tº SEC. 24. If the warden shall have any interest in any contract made
be interested in
contracts; penalty. by him touching the affairs of the penitentiary, with a view of gain-
- ing for himself, either directly or indirectly, any profit or advantage
pº 1123, R. S. thereby, he shall be deemed guilty of a misdemeanor, and shall, on
...,\-.” e conviction thereof, be punished by fine, not exceeding two thousand
Ibid., Sec. 8, p. e e ſº 5 8–5
367. dollars, and be dismissed from office, and every such contract may
.” be declared void by the inspectors.
Whotoactin ab- SEC. 25. In case of the death of the warden, or the temporary
sence of Warden vacancy of his office, or his absence, sickness, or other disability,
Sec. 1124, R. S. Such keeper or other officer, as may be especially designated by the
..Q. inspectors, shall have power to exercise the authority and discharge
ºld. See: 18, P: the several duties of the warden, as prescribed by this chapter and
e the rules of the penitentiary.
Manufacture ºf SEC. 26. The warden shall, so far as practicable, employ the con-
º: * victs in the manufacture of shoes for the use of the Army and Navy,
1 Navy. to be made as the War and Navy Departments shall direct ; orders
Sec. 1125, R. S. for which shall be, by said Departments, given to the warden from
Dº July, isos, time to time upon his request; the shoesto be paid for by the Depart-
Res. Nº. 33 s.j. ments Ordering the same at the customary rate for shoes of like
W. 12. 3. quality. -
Stat., 626.
. Prison regula- SEC. 27. The following are prison regulations:
tions. First. Each convict, immediately upon being received into the
Sanitary precall- penitentiary, shall be thoroughly cleansed with warm water and
tions. soap, and shall have the hair cut close; and the warden and other
officers shall take the strictest precautions to guard against the
introduction of any infectious or contagious disease, from the per-
sons or clothing of such convicts; which precautions it shall be the
. . . . duty of the inspectors to regulate, and prescribe in their by-laws.
Descriptive list. Second. A descriptive list of the names, ages, persons, crimes, and
sentences of the convicts shall be kept by the warden, and such
description shall be entered immediately upon the reception of each
- convict. *
º * Third. Every convict shall be confined singly in a separate cell at
º: * * night, and at such times of the day as he may be unemployed in
3 vuv's labor, except at such hours and places as may be specially assigned,
by the rules of the penitentiary, for religious or other instruction,
or for meals, or when transferred to the infirmary on account of
g sickness, upon the recommendation of the physician. -
§ºparation of the Fourth. The male and female convicts confined in the penitentiary
Sexes, . be kept, and shall labor, wholly separate and apart from each
other. - -
*
CHAPTER LIII.—PENITENTIARY. 43'ſ
Fifth. The convicts shall be clothed at the public expense during Clothing.
the whole term of their confinement, in habits of coarse and cheap
materials, uniform in color and make, and so striped, or otherwise
conspicuously marked, as may clearly distinguish them from the
ordinary dress of other persons.
Sixth. Their bedding and other personal accommodations shall be Bedding, etc.
of the cheapest and coarsest kind consistent with use and durability.
Seventh. The convicts shall be fed on the cheapest food which Food.
will support health and strength, with as little change or variety in
diet as may be consistent with the health of the convicts and the
economy of the penitentiary.
Eighth. They shall be kept, as far as may be consistent with their Kind of labor at
age, health, sex, and ability, to labor of the hardest and most ser- which to be kept.
vile kind, and, as far as may be, uniform in its nature, and of a
kind where the work is least liable to be spoiled by ignorance, neg-
lect, or obstimacy, or the materials to be injured, stolen, or destroyed.
Ninth. They shall not at any time be permitted to converse with i. to eonverse
One another, or with strangers, except by the special permission and yºut per m 1s-
i. ºnce of Some officer of the prison, as may be regulated by the g
y-
a WS. -
Tenth. They shall be made to labor diligently, in silence, and ***.
with strict obedience. - Sec. 1126, R. S.
.*
D. C. Mar. 3, 1829. 4 Stat., 367.
SEC. 28. The warden shall have the power to punish any convict Power of warden
in the penitentiary— to punish.
First. Who willfully violates or refuses to obey the rules of the Sec. 1127, R. S.
penitentiary; Or, .* - g - D.C.
Second. Who willfully refuses to perform the work assigned to Mº., 8,839.
him; or, . 1. Stat., 367, sec.
Third. Who resists by violence any of the officers of the peniten-
tiary in the exercise of their lawful authority; Or,
Fourth. Who willfully destroys any property, tools, or materials.
SEC. 29. It shall be the duty of the warden to inflict such punish- Mode of punish-
ment either by confinement in solitary cells, by diet on bread and **
water, or by putting such convict in irons or in the stocks.
(see R. Š. U.S., %; 8. Sec. 1128, R. S.
D. C. Ibid., pp. 367, 368.
SEC. 30. All such punishments shall be regularly reported to the t Alºns
visiting inspectors at the next weekly visitation, and to the board of ***P*
inspectors at their monthly meeting.
Sec. 1129, R. S.
D. C. Ibid., p. 368.
SEC. 31. It shall be the duty of the inspectors to adopt and enforce Regulation of
special rules and by-laws regulating the times, measure, extent, and punishments; re-
mode of such punishments in relation to the several offenses against Port to 9°º:
the discipline of the penitentiary, and to report the same in their Sec. 1130, R. S.
annual report to Congress whenever such regulations shall be adopted, D.C.
altered, or repealed. Ibid
SEC. 32. All prisoners confined in, the penitentiary for a term of º
years, who conduct themselves so that no charge for misconduct ...”
shall be sustained against them, shall have a deduction of One month e -
in each year made from the term of their sentence, and shall be , $89, 1131, R. S.
entitled to their discharge so much the Sooner, upon the certificate “jºly 17, 1862.
of the warden of their good conduct, with the approval of the 13 stat. 626,
Attorney-General, sec. 2.
.432 , - . CHAPTER LIII. —PENITENTIARY.
. .368
Physician and SEC. 33. The inspectors shall appoint one regularly practicing
:Surgeon. physician, to be the physician and surgeon of the penitentiary,
Sec. 1132, R. S. whose duty it shall be to visit the penitentiary at Such times as may
C be prescribed by the inspectors, and to render all medical and
surgical aid which may be necessary.
Mar. 3, 1829,
4 Stat., 368, sec.
13.
Infirmary. SEC. 34. One apartment, or more, as may be needed, shall be
Sec. 1133. R. S. fitted up as an infirmary.
D. C. Ibid.
Removal to in- SEC. 35. In case of sickness of any convict, he shall, upon the
firmary. examination and order of the physician, be removed to the infirm-
sº. II.E. s. ary, and the name of such convict shall be entered in a hospital-book
e to be kept for that purpose.
Ibid.
Return. SEC. 36. Whenever the physician shall report to the warden that
s. IEEE. s. such convict is in a proper state to return to the ordinary employ-
º ’’’ ‘’’ ment of the prison, such report shall be duly entered in the hospital-
Ibid. book, and the convict shall return to the ordinary discipline of the
penitentiary, so far as may be consistent with his health and strength.
Government of SEC. 37. Special rules for the order and government of the infirm-
infirmary. . ary shall be made and enforced by the inspectors.
Sec. 1136, R. S. D. C.
Relaxation of SEC. 38. Nothing contained in this chapter shall be construed to
** º * prevent any such relaxation of the general discipline of the peniten-
Of Ulle S1CR. tiary as may be required for the sick.
Sec. 1137, R. S. D. C. Ibid.
Religious and SEC. 39. The inspectors have power, and it is their duty to pro-
moralinstruction: vide for all the convicts the means of religious worship, and relig-
Sec. 1138, R. S. ious and moral instruction, subject, however, to general rules not
*... Sec. 14, p inconsistent with the discipline prescribed by this chapter.
Admission of SEC. 40. No person shall be permitted to visit the penitentiary,
Visitors. without a written order from one or more of the inspectors, except
Sec. 1139, R. S. the President of the United States, the Secretaries of the several
D. C. Departments of the Government, members of Congress, and the
3 ºld. Sec. 15, P. judges of the courts of the United States.
Penalty of offi- SEC. 41. If any keeper, assistant keeper, or other officer, or Serv-
Ceºs for certain ant, employed in or about the penitentiary, shall convey out of, or
violations. bring into, the penitentiary, to or from any convict confined there, .
Sec. 1140, R. S. any letter or writing, or shall bring into the penitentiary, to sell or
ID. C. give away, any spirituous or vinous liquors, or any other thing what-
Ibid., Sec. 16, p. soever, without the consent, in writing, previously obtained of the
.368. inspectors, every such person so offending shall be deemed guilty of
a misdemeanor, and shall, On conviction thereof, be punished by
fine not exceeding five hundred dollars and imprisonment in the
District jail for any time not exceeding one year. -
Protection of SEC. 42. The inspectors shall prescribe, and it shall be the duty of
*:::::: º: the warden, rigidly to,enforce such rules for the government of the
subordinate officers of the penitentiary as may prevent all tyramical
Sec. 1141, R. S. or violent behavior to the convicts, or all conversation betweenthem
*. see 17, p. and the convicts, or with each other, within their hearing, except
363 " " ‘’’ * for necessary purposes, and may best preserve order, silence, sobriety,
and gravity of deportment throughout the establishment.
CHAPTER LIII.-PENITENTIARY. - 433
SEC. 43. All suits that may be necessary to be brought for any Suits affecting
matter or thing relating to the affairs of the penitentiary shall be #.”y;
brought in the name of the United States, whether the contract on “” ”*
which such suit is founded be made in their name or not. Sec. 1143, R. S.
. C.
Ibid., sec. 10, p. 367.
SEC. 44. The Attorney-General shall cause to be paid from the Allowance to
appropriations available therefor the sum of ten dollars to each º upon
prisoner when he shall be legally discharged, to enable such prisoner ge.
to reach the point he may wish to go to. (see 18Stat., ch. 145, p. 479. Mar. 3, 1875.] see. 1143, R. S.
D. C. Jan. 16, 1863. 12Stat.,635,636, sec. 5.
SEC. 45. [All persons who have been, or who may hereafter be, Designation of
convicted of crime, by any court of the United States, whose punish- º by
ment is imprisonment, in a district or Territory where, at the time of *orn ey-Gen-
conviction, there may be no penitentiary or jail suitableſº the con- T
finement of convicts, or available therefor, shall be confined during ...Sec. 5546, R. S.
the term for which they have been or may be sentenced in some suit- "IśMay 1
tº º * & g g & y, 1864, ch.
able jail or penitentiary in a convenient State or Territory, to be 85.4.13 P.
desigmated by the Attorney-General, and shall be transported and 74. x * * ~ *-* 3
delivered to the wardem or keeper of such jail or penitentiary by the .5 Mar, 1872, ch.
marshal of the district or Territory where the conviction has occurred; § Sec. 1, v. 17, p.
and if the conviction be had in the District of Cºlumbia, in such “iejuly, 1876, ch
case the transportation and delivery shall be by the warden of the 183, ... iśp.83.”
jail of that District; the reasonable actual eacpense of transportation,
necessary Subsistence and hire, and transportation of guards and
the marshal, or the wardem of the jail in the District of Columbia,
only, to be paid by the Attorney-General, owt of the judiciary fund.
But if, in the opinion of the Attorney-General, the eacpense of trans-
portation from any State, Territory, or the District of Columbia, in
which there is no penitentiary, will eacceed the cost of maintaining
them in jail in the State, Territory, or the District of Columbia, dur-
'ing the period of their sentence, then it shall be lawful so to confine
them therein for the period designated in their respective sentences.]
[All persons who have been, or who may hereafter be, convicted of
crime by any court. of the United States whose punishment is
imprisonment in a District or Territory where, at the time of con-
Viction, or at any time during the term of imprisonment, there may
be no penitentiary or jail suitable for the confinement of convicts or
available therefor, shall be confined during the term for which they
have been or may be sentenced, or during the residue of said term,
in some suitable jail or penitentiary in a convenient State or Terri-
tory, to be designated by the Attorney-General, and shall be trans-
ported and delivered to the warden or keeper of such jail or peni-
tentiary by the marshal of the District or Territory where the con-
viction has occurred; and if the conviction be had in the District of
Columbia, the transportation and delivery shall be by the warden
of the jail of that District; the reasonable actual expense of trans-
portation, necessary Subsistence, and hire and transportation of
guards and the marshal, or the warden of the jail in the District of
Columbia, Only, to be paid by the Attorney-General, out of the
judiciary fund. But if, in the opinion of the Attorney-General,
the expense of transportation from any State, Territory, or the Dis-
trict of Columbia, in which there is no penitentiary, will exceed the
Cost of maintaining them in jail in the State, Territory, or the
District of Columbia during the period of their sentence, then it
shall be lawful so to confine them therein for the period designated
in their respective sentences. And the place of imprisonment may
be changed in any case, when, in the opinion of the Attorney-Gen-
eral, it is necessary for the preservation of the health of the prisoner,
28 C S *.
19 Stat., p. 88.
July 2, 1876.
434 & CHAPTER LIII. — PENITENTIARY.
or when, in his opinion, the place of confinement is not sufficient to
secure the custody of the prisoner, or because of Cruel Or improper
treatment: Provided, however, That no change shall be made in the
case of any prisoner on the ground of the unhealthiness of the
prisoner, or because of his treatment, after his conviction and dur-
ing his term of imprisonment, unless such change shall be applied
for by such prisoner, or some one in his behalf.]* [see $5586, R. s. U. S.]
Attorney-Gen SEC, 46. The Attorney-General shall contract with the managers
§ral to 99 tract or proper authorities having control of such prisoners, for the
for subsistence, 3.,,...; - & d pr bl -
etc imprisonment, subsistence, and proper employment of them, and
, -v- . shall give the court having jurisdiction of such offenses notice of the
Sec. 5547, R. S. jail or penitentiary where such prisoners will be confined. g
|U. S. 12 May, 1864, ch. 85, sec. 2, v. 13, p. 75. 5 Mar., 1872, ch. 30, sec. 1, v. 17, p. 35.
. Confinement of SEC. 47. Juvenile offenders against the laws of the United States,
jºenile offend being under the age of sixteen years, and who may hereafter be con-
€TS. e ſº © te * e
victed of crime, the punishment whereof is imprisonment, shall be
Sec. 5549, R. S. confined during the term of sentence in some house of refuge to be
ãº, 1865, ch designated by the Attorney-General, and shall be transported and
12...H.º. delivered to the warden or keeper ºf such house of refuge by the
538. 3 '*' marshal of the district, where such conviction has occurred; or if
5 Mar., 1872, ch. Such conviction be had in the District of Columbia, then the trans-
#9, Sec. 1, Y. 17, p. portation and delivery shall be by the warden of the jail of that.
35. district, and the reasonable actual expense of the transportation,
necessary subsistence, and hire, and transportation of assistants and
the marshal or warden, only, shall be paid by the Attorney-General,
out of the judiciary fund. [See secs. 12, 13 and 83, Reform Schools.]
Attorney-Gen- SEC. 48. The Attorney-General shall contract with the managers
º tº: º or persons having control of such houses of refuge for the imprison-
... * ment, subsistence, and proper employment of all such juvenile
3. offenders, and shall give the several courts of the United States and
Sec. 5540, R. S. of the District of Columbia notice of the places so provided for the
Wºr ..., 1865, Cl confinement of such offenders; and they shall be sentenced to con-
12.3". #. finement in the house of refuge nearest the place of conviction so
538. 5 '*' designated by the Attorney-General. *
5 Mar., 1872, ch. 30, sec. 1, v. 17, p. 35. -
Cloºnes and mº: SEC. 49. On £he discharge from any prison of any person convicted
sº under the laws of the United States on indictment, he or she shall
charge. be provided by the warden or keeper of said prison with one plain
Proviso. Suit of clothes and five dollars in money, for which charge shall be
1Sup. R. S. U.S. made and allowed in the accounts of said prison with the United
184. States: Provided, That this section shall not apply to persons sen-
*g ; º, 9 tenced for a term of imprisonment of less than six months.
at. , 3.
Sec. 2. * Insane convicts may be transferred to Hospital for Insane in District of Columbia. 18 Stat. L., ch.
465, p. 251, June 23, 1874, Sup. R. S., 1 ed., p. 104; 67 Md. R.,524; 66 Md., 285, Lamb vs. State; 2 MacArthur
Rep., 514, U.S. vs. May,
CHAPTER LIV.—PHARMACY.
435
{
CHAPTER FIFTY-FOUR.
PHARMACY.
Sec. - º Sec.
1. Unregistered persons not to conduct | 10. Graduates in, when to be registered.
pharmacies. Sale of adulterated | 11. Fees of commissioners of, for exami-
drugs prohibited (see note to this nation; reexamination, when; ex-
section); penalty for sale of in ad- penses. ...
ministration of medicines or drugs, 12. Oath of registered pharmacists; crim-
etc., to produce abortion. (See note inal liability in certain cases; pen-
to this section.) alty for.
2. Proprietors of stores, etc., not to 13. Shall not sell certain poisonsin Sched-
allow unregistered pharmacists to ules A and B; Schedule A; Sched-
compound, etc. ule B; alcoholic liquors, shall not
3. Commissioners of pharmacy to be sell, when; penalty for selling al-
appointed. coholic liquors, when. .
4. Commissioners of pharmacy to take 14. License for itinerant vendors of
Oath. drugs, etc.
5. Vacancies in commissioners, how 15. Registration by false representation,
i filled, etc. criminal liability for and penalty;
6. Commissioners of pharmacy to keep conducting pharmacy without
register of pharmacists, etc. registry; criminal liability for and
7. Commissioners of pharmacy to reg- penalty.
gister existing druggists, etc., with- | 16. Fines; how collected.
Out examination ; proviso. 17. Repeal of inconsistent acts, etc.
8. Examination of sellers at retail, com- | 18. Exemptions of apothecaries from
pounders, etc., by commissioners; service as jurors, etc.
registry of competent persons by | 19. Exemption of apothecary’s appren-
commissioners. tices from Service as jurors, etc.
9. Age and series of applicants for ex- - --
amination. wº-
SEC. 1. That from and after the passage of this act, it shall be
unlawful for any person, not a registered pharmacist within the
meaning of this act, to conduct any pharmacy or store for the pur-
pose of retailing, compounding, or dispensing medicines or poisons,
for medical use, in the District of Columbia, except as hereinafter
provided.*
SEC. 2. It shall be unlawful for the proprietor of any store or
pharmacy to allow any person, except a registered pharmacist, to
compound or dispense the prescriptions of physicians, or to retail
or dispense poisons for medical use, except as an aid to, and under
the immediate supervision of, a registered pharmacist.
Any person violating the provisions of this section shall be deemed
guilty of a misdemeanor, and, on conviction thereof, shall be liable
to a fine of not less than twenty-five dollars nor more than one hun-
dred dollars for each and every such offense.
SEC. 3. Immediately after the passage of this act, and biennially
thereafter, or as often as necessary, the Commissioners of the Dis-
trict of Columbia shall appoint three pharmacists and two physi-
cians, all of whom shall have been residents of the District of
Columbia for five years and of at least five years’ practical experience
in their respective professions, who shall be known and styled as
Commissioners of Pharmacy for the District of Columbia, who shall
serve without compensation, and who shall hold office for two years,
and until their successors are appointed and qualified.
In District of
Columbia unreg-
istered persons not
to conduct phar-
Illa,C16S.
June 15, 1878.
20 Stat., 137,
Sup. R. S., 2 ed., 183.
Proprietors of
Stores, etc., not to
allow unregis-
tered pharmacists
to compound, etc.
Ibid., Sec. 2.
Commissioners
of pharmacy to be
appointed.
* For act prohibiting sale of adulterated drugs see 26 Stat. L., 549, Oct. 12, 1888; Sup. R. S., 2 ed.
627, see title, “Crimes and Offenses.”
For act punishing the sale or administration of medicines, drugs, etc., to produce abortion, See act
of Leg. Ass., Jan. 18, 1872, ch. 27, pp. 26–29. See title “Crimes and Offenses.”
Ibid., sec. 3.
436
CHAPTER LIV. —PHARMACY.
—to take oath.
—vacancies, how
filled, etc.
Ibid.
—to keep register
of pharmacists,
etc. .
Ibid., sec. 4.
—to register exist-
ing druggists, etc.,
without examina-
tion.
Proviso.
Ibid., sec. 4.
Examinations.
Registry.
Ibid., sec. 5.
Age and service
of applicant.
Ibid., sec. 6.
Graduates in
pharmacy.
Ibid., sec. 7.
Fees of commis- .
Sioners of phar-
macy for exami-
nation.
SEC. 4. Said commissioners shall, within thirty days after the
notification of their appointment, each take and subscribe to an oath
to impartially and faithfully discharge their duties as prescribed by
this act.
SEC. 5. The position of any commissioner who shall fail to so qualify
within the time named shall be vacant, and the vacancy or vacancies
so occurring, or any vacancy or vacancies that may occur, shall be
filled by the Commissioners of the District of Columbia.
SEC. 6. The commissioners of pharmacy shall keep a book of reg-
istration open at some convenient place within the city of Washing-
ton, of which due notice shall be given through the public press, and
shall record therein the name and place of business of every person
registered under this act. \
SEC. 7. It shall be the duty of said commissioners of pharmacy to
register, without examination, as registered pharmacists, all phar-
macists and druggists who are engaged in business in the District
of Columbia at the passage of this act as Owners or principles of
stores of pharmacies for selling at retail, compounding, or dispensing
drugs, medicines, or chemicals for medicinal use, or for compound-
ing, and dispensing physicians’ prescriptions, and all assistant phar-
macists, twenty-One years of age, engaged in Said stores or pharma-
cies in the District of Columbia at the passage of this act, and who
have been engaged as such in Some store or pharmacy where physi-
cians’ prescriptions were compounded and dispenesd for not less
than five years prior to the passage of this act : Provided, however,
That in case of failure or neglect on the part of any such person or
persons to present themselves for registration within sixty days after
said public notice, they shall undergo an examination such as is pro-
vided for in section five of this act. *
SEC. 8. The said commissioners of pharmacy shall, upon applica-
tion and at such time and place as they may determine, examine each
and every person who shall desire to conduct the business of selling
at retail, compounding, or dispensing drugs, medicines, or chemicals
for medicinal use, or compounding and dispensing physicians’ pre-
scriptions within the District of Columbia as pharmacists; and if a
majority of said commissioners shall be satisfied that said person is
competent and fully qualified to conduct said business of compound-
ing or dispensing drugs, medicines, or chemicals for medicinal use,
Or to compound and dispense physicians’ prescriptions, they shall
enter the name of such person as a registered pharmacist in the book
provided for in section four of this act.
SEC. 9. No person shall be entitled to an examination by Said
commissioners of pharmacy for registration as pharmacist unless he
present satisfactory evidence of being twenty-One years of age, and
having served not less than four years in a store or pharmacy where
physicians’ prescriptions were compounded and dispensed, Or is a
graduate of some respectable medical college or university.
SEC. 10. All graduates in pharmacy having a diploma from an
incorporated college or school of pharmacy that requires a practical
experience in pharmacy of not less than four years before granting
a diploma shall be entitled to have their names registered as phar-
macists by said commissioners of pharmacy. º
SEC. 11. The commissioners of pharmacy shall be entitled to
demand and receive from each person whom they register as pharma-
cists, without examination, the sum of three dollars, and from each
Chapter Liv.–PHARMACY.
437
{ - -
person whom they examine the sum of ten dollars. And in case the . Re exam in a-
examination of Said person should prove defective and unsatisfac-
tory, and his name not be registered, he shall be permitted to pre-
sent himself for re-examination within any period not exceeding
twelve months next thereafter, and no charge shall be made for such
re-examination. The money received under the provisions of this.
Section shall be applied to payment of such expenses as the commis-
Sioners may incur in executing the provisions of this act.
SEC, 12. Every registered pharmacist shall be held responsible for
the quality of all drugs, chemicals, and medicines he may sell or
dispense, with the exception of those sold in the Original packages of
the manufacturer, and also those known as “patent medicines”; and
should he knowingly, intentionally, and fraudulently adulterate, or
cause to be adulterated, such drugs, chemicals, or medical prepara-
tions, he shall be deemed guilty of a misdemeanor, and, upon con-
viction thereof, be liable to a penalty not exceeding one hundred
dollars, and, in addition thereto, his name shall be stricken from the
register.
SEC. 13. It shall be unlawful for any person, from and after the
tion, when.
Expenses.
Ibid., Sec. 8.
Oath of regis-
tered pharmacist. ,
Criminal liabil-
ity in certa in
cases, penalty for.
Ibid., sec. 9.
Precautions in
passage of this act, to retail any poisons enumerated in Schedules A. º: certain
and B, as follows, to wit:
SCHEDULE A.
Arsenic and its preparations, corrosive sublimate, white precipi-
tate, red precipitate, biniodide of mercury, cyanide of potassium,
hydrocyanic acid, Strychnia and all other poisonous vegetable alka-
loids, and their salts, essential oil of bitter almonds, opium and its
preparations, except paragoric and other preparations of Opium con-
taining less than two grains to the Ounce;
SCHEDULE B.
Aconite, belladonna, Colchicum, conium, nux vomica, henbane,
savin, ergot, cotton-root, cantharides, creosote, digitalis, and their
pharmaceutical preparations, croton-oil, chloroform, chloral hydrate,
sulphate of zinc, mineral acids, carbolic acid, and Oxalic acid, with-
out distinctly labeling the box, vessel, or paper in which the said
poison is contained, and also the outside wrapper or cover, with the
name of the article, the word “poison”, and the name and place of
business of the seller. Nor shall it be lawful for any person to sell
or deliver any poisons enumerated in Schedules A and B, unless,
upon due inquiry, it be found that the purchaser is aware of its poi-
sonous character, and represents that it is to be used for a legitimate
purpose. Nor shall it be lawful for any registered pharmacist to sell
any poisons included in Schedule A without, before delivering the
same to the purchaser, causing an entry to be made, in a book kept
for that purpose, stating the date of sale, the name and address of the
purchaser, the name and quality of the poison sold, the purpose for
which it is represented by the purchaser to be required, and the name
of the dispenser; such book to be always open for inspection by the
proper authorities, and to be preserved for reference for at least five
years. The provisions of this section shall not apply to the dispens-
ing of poisons, in not unusual quantities or doses, upon the pre-
Scriptions of practitioners of medicine. Nor shall it be lawful for
any licensed or registered druggist or pharmacist in the District of
Columbia to retail, or sell, or give away any alcoholic liquors or
isons.
Selling alcoholic
compounds, as a beverage, to be drunk or consumed upon the prem- liquors as bever-
ises. And any violation of the provisions of this section shall make
ageS.
4.38
CHAPTER LIV.—PHARMACY.
Penalty.
Ibid., sec. 10.
License for itin-
erant vendors.
Ibid., sec. 11.
Registration by
false representa-
tions.
Penalty for.
C on duct in g
pharmacy with-
out registry.
Penalty for.
Ibid. , sec. 12.
Collection of
fines, etc.
Ibid., sec. 13.
Repeals.
Ibid., sec. 14.
Apot he caries
exempt from serv-
ing as jurors, con-
stables, etc.
0 and 7 William
and Mary, ch. 4
sec. 2, A. D. 1694.
Alex. Brit. Stat.,
pp. 594, 595, A. D.
1694.
Kilty's Rep. , 243.
3.
Apothecaries’
apprentices hav-
ing served seven
years likewise ex-
empt.
Ibid., sec. 3.
the owner or principal of said store or pharmacy liable to a fine of
not less than twenty-five and not more than one hundred dollars, to
be collected in the usual manner.
SEC. 14. Any itinerant vender of any drug, nostrum, ointment, or
appliance of any kind, intended for the treatment of diseases or
injury, or who shall, by writing, or printing, or any other method,
publicly profess to care or treat diseases, injury, or deformity, by
any drug, nostrum, manipulation, or other expedient, shall pay a
license of two hundred dollars per annum into the treasury of the
District of Columbia, to be collected in the usual way. -
SEC. 15. Any person who shall procure or attempt to procure reg-
istration for himself or for another under this act, by making or
causing to be made any false representation, shall be deemed guilty
of a misdemeanor, and shall, upon conviction thereof, be liable to a
enalty of not less than twenty-five nor more than one hundred dol-
i. and the name of the person so fraudulently registered shall be
stricken from the register. Any person, not a registered pharma-
cist as provided for in this act, who shall conduct a store, pharmacy,
Or place for retailing, compounding, or dispensing drugs, medicines,
Or chemicals, for medicinal use, or for compounding or dispensing
physicians’ prescriptions, shall be deemed guilty of a misdemeanor,
and, upon conviction thereof, shall be liable to a penalty of not less
than fifty dollars.
SEC. 16. All fines and penalties under this act shall be collected in
the same manner that other fines and penalties are collected in the
District of Columbia; and it shall be the duty of the United States
district attorney for the District of Columbia to prosecute all viola-
tions of this act,
SEC. 17. All acts and parts of acts inconsistent with this act be,
and the same are hereby, repealed. ' ...
SEC. 18. That all and every person and persons, using and exer-
cising, or that hereafter shall use and exercise, the art of an apoth-
ecary, and who already have been, or hereafter shall be duly exam-
ined of his skill in the said mystery, and shall be approved of for
the same, and every of them, for so long as he or they shall use and
exercise the said art, and no longer, shall and may at all times here-
after be freed and exempted from the several offices of constable,
Scavenger, overseer of the poor, and of and from the being put into or
Serving upon any juries or inquests; and if at any time hereafter ally
Such person or persons using the said art, and being qualified, as afore-
Said, shall be chosen into any of the said offices, or returned, required,
Or appointed to serve in any jury, or inquest, or be disquieted or dis-
turbed by reason thereof, that then such person or persons, producing
a testimonial of such his examination, approbation, and freedom,
to the person or persons, by whom he shall be so appointed, or by Or
before whom he shall be summoned, returned, or required to serve
or hold any of the said offices or duties, shall be absolutely dis-
charged from the same, and such return, and appointment shall be
utterly void, and of none effect; any order, custom, law, or statute,
to the contrary in any wise notwithstanding.
SEC. 19. That all persons using and exercising, or that hereafter
Shall use and exercise, the said art of an apothecary, and who
have been brought up and served, or hereafter shall be brought up
and serve in the said art as an apprentice, by the space of seven years,
according to the statute of the Fifth of Queen Elizabeth, shall like-
wise from henceforth be freed and exempted from all and singular
CHAPTER Lv.–PLEADING AND PRACTICE.
439
|
{
the offices and duties aforesaid, for so long as he or th ey shall use
and exercise the said art, and no longer; and if any perSOn Or per-
sons so qualified shall be chosen into any of the said offices, or
returned to serve in any jury, or inquest, such nomination, return,
and appointment, shall be void, unless such person or persons shall
voluntarily consent and agree to hold such office, or serve upon such
jury, or inquest.
CHAPTER FIFTY-FIVE.
PLEADING AND PRACTICE.”
Sec.
1.
6
19.
20.
21.
22.
23.
24.
PRACTICE–CIVIL.
Motions—non-enumerated, law and
equity, first heard at special term ;
suits in equity to be heard, etc., at
special term ; Order for hearing in
first instance in general term.
(Note.)
. Issues of fact tried before a Single
justice.
. Issues of law tried at special term ;
notice of trial ; calendar of causes.
. Exceptions; how taken and settled.
. Exception to plea to be sealed by jus-
tice.
. New trial, when may be granted;
time of motion for limited.
. Appeal ; how taken from ruling on
motion for new trial.
. Motion for new trial, when heard in
general term in the first instance.
. Trials by jury when another term in-
tervenes.
. Fictions in pleading abolished.
. Set-offs regulated.
. Plea of set-off.
. Plea of set-off, judgment in.
. Set-Off, mutual judgments may be.
. Set-off; judgment must be for juris-
dictional amount.
. Judgments by default in suits on open
aCCOunt.
. Judgment by default, affidavit of
plaintiff in suit ; how verified.
. Actions against two or more persons
jointly or severally liable ; action
against One, when bar as to others.
Verdict for less than jurisdictional
sum does not carry costs.
Petition for changing name of a per-
'SO]].
Same subject ; notice of to be pub-
lished.
Same subject ; procedure.
Notice by publication in lieu of per-
sonal service.
Same subject ; order of publication.
Sec. -
29. Process, etc., to be written or printed
in English ; penalty, limitation of.
30. Non-residents shall give security for
COstS.
31. Infants may sue by next friend.
32. Poor persons may sue without pay-
ing fees. *
33. Same subject; when not liable for
COSöS.
34. Actions of account against execu-
tors of guardians, etc. Of guar-
dians, bailiffs, etc. ; by joint ten-
ants against each other reference
to auditor; his powers, etc.
(NOTE.—Auditor may examine all
witnesses.)
35. Several defenses may be pleaded.
36. Judgments on demurrer regardless
of defects in writ, etc.
37. After verdict judgment shall be given
notwithstanding defects.
38. Judgment on verdict shall not be
stayed or reversed for variance.
39. Exceptions to section 38, as to cer-
tain felonies and penal actions.
40. When tender bars costs in actions on
insurance contracts.
41. Plea of monest factum shall be verified.
42, All statutes of jeofails extended to
judgments.
43. Payment may be pleaded in bar of
action in debt, Scirc facias on judg-
ment and actions on bonds.
44. Payment into court of principal, in-
terest, etc., in actions on bond, de-
fendant discharged.
45. Dilatory plea must be verified.
46. Persons absent for seven years, when
presumed to be dead in actions by
reversioners, etc.
47. Persons interested in the land may
be challenged as jurors in trial of
lives in being.
48. Persons evicted by this act, living ;
when damages may be recovered.
49. Waste maintainable by one tenant in
common against another.
50. Mesne process ; teste of writs.
51. Same subject ; sealing and testing
- writs.
52. Same subject; day of teste of process.
53. Persons may order process and ap-
pear without attorney; may con-
fess judgment security for costs
by non-residents.
. Same subject; form of the order.
. Process against foreign corporations.
(NOTE.-Foreign insurance compa-
nies.)
. Pleadings shall be in English.
. All proceedings in courts shall be in
English and in words at length ;
penalty.
* See Mackey's Practice and Proceedure, by Franklin H. Mackey, 1888.
440
CHAPTER LV.—PLEADING AND PRACTICE.
Sec.
. Service of process on Sunday void.
... Process final; validity of sales in
60.
62.
63.
64.
66.
67.
68.
69.
70.
71.
78.
79.
80.
81.
82.
\
cases under process by publication.
. No person to be held to bail on ac-
count of debt or contract.
. In actions of trover and detinue de-
fendant required to give bail or be
committed.
. Special bail, how to be given; recog-
nizance, how to be taken.
. When special bail ordered, defend-
ant must comply or be retained in
arrest.
Same subject; who may receive.
. Same subject ; form of recognizance.
Same subject ; court shall make
rules and orders respecting.
Same subject, and inquire into Suf-
ficiency of bail.
Same subject; judgment and execu-
tion on bail bond. '
. Same subject ; any justice of court
may take bail as provided by this
act.
Capias ad satisfaciendwm ; when
issued.
Same subject ; proceedings under.
Same subject; what persons exempt
from its operation.
Liability of marshal, etc., for eS-
capes; retaking regulated.
Same subject, if prisoner retaken
and escape; marshal's liability.
Bailor may surrender prisoner re-
*: Subsequent ja:; Of Of-
Cel’.
. At request of bail,officer shall return
writ for keeping prisoner; penalty
for neglect.
. Construction of this act (sections
69–73); pleadings regulated ;
treble costs to defendant.
. Persons arrested under Stat. 1 Anne,
ch. 6 (secs. 69–73 of this title), to
be held in custody. ; marshal's lia-
bility for escapes.
. Escape warrant granted by judge
On affidavit.
. Same subject, it may be executed
on Sunday.
. Where person escaping was in cus-
tody for not performing a decree,
liability of officer.
This act (secs. 74–78 of this title)
general law, and need not be
pleaded.
|Evidence in action of escape regu-
lated ; punishment for false oath
as to retaking prisoner.
Creditor may retake escaped pris-
oner or have other execution.
ABATEMENT.
No action shall abate by death of
parties; by whom may be revived;
when not revived, etc.
Infants not compelled to revive real
actions, when not. for their bene-
fit. (NOTE.-When death of ar-
bitrator or party shall not abate,
death of party between verdict
and judgment shall not abate ac-
tion; death after interlocutory
iudgment, no abatement.)
Sec.
83.
84.
85.
86.
87.
88.
89.
90.
91.
92.
93.
94.
95.
96.
97.
98.
99.
Where writs, indictments, etc., shall
abate for want of the defendant's
names; penalty of clerk for omis-
sions in Such writs, etc.
When one or more of several plain-
tiffs or defendants die, and cause
of action survive to a surviving,
the action shall not abate.
No abatement in partition suits.
|Plea in abatement must be verified.
AMENDMENT.
Actions at law, court may Order and
allow amendments, when, how,
and conditions of. (NOTE.-
Amendment of process, same ;
defects of form.
Record defective by misprision
(mist a ke) of clerk shall be
amended. (See Sec. 90 of this ti-
tle.)
Records shall riot be amended or
impaired, after the term when
judgment rendered.
Record or process defective by mis-
take of clerk may be amended
after judgment given.
Records may be amended in certain
cases. (Sécs. 88 and 90 of this title
perpetuated.)
Judgments and records shall not be
reversed nor avoided for any proc-
ess, etc., erased or interlined.
Defects by misprision of clerk in
records may be reformed; what
defects in records may be not
amended.
Record exemplified, etc., when not
to be reversed.
Defaults in records may be amended
in certain cases.
After demurrer joined, judgment
shall be given without regarding
defects, etc.
Same subject; amendments in form.
Same subject; exceptions as to cer-
tain felonies and penal actions.
Amendment of writs of error; when
judgment on verdict shall not be
stayed or reversed for defect in
form or substance, etc.
Proviso as to exceptions to section
99.
i 100.
101.
. Attachment
ATTACHMENT.
Writs of attachment and garnish-
ment issued by clerk, when; re-
quirements. (NOTE.— Attach-
ment first served has priority;
marshal’s duty where several
attachments.)
. How writs of attachment or gar-
nishment may be quashed.
. Discharge of attached property,
. Sale of attached property.
. Final judgments; where attachment
issued.
. Attachment not to issue until after
second return of mon, est.
after return of mon
est against nonresidents, may
issue by Order of justice; proceed-
ings regulated. (NOTE. —Modifi-
cations of parts of this section.)
Chapter Lv.–PLEADING AND PRACTICE.
441
Sec.
108.
109.
110.
\
º
No attachment against garnishee
shall exceed plaintiff's debt and
COSt.S.
When absent, defendants shall have
no favorable interpretation of this:
law.
After judgment, attachment may
be taken out instead of execution;
proceedings regulated.
. Attachment allowed against lands
of nonresident heir for debt of
ancestor.
. Attachment may issue against non-
resident or absconding debtors.
3. Clerk’s certificate necessary when
affidavit required by section 112,
made before nonresident judge.
. Garnishee may plead in behalf of
defendant. (NOTE. –Garnishee ;
when entitled to compensation.)
5. Garnishee required to answer inter-
rogatories; judgment and execu-
tion if he neglect.
CONTINUANCE.
Where new parties are made, etc.,
continuances may be granted.
Sec.
135.
136.
137.
138.
139.
140.
| 141.
142.
143.
When judgment shall be for de-
fendant.
Damages when things eloigned.
Judgment; damages for detention.
Certain property not liable to re-
ple win.
Oath prescribed for person apply-
ing for writ of replewin against
public officer.
Liability of clerk for neglect of
previous section. -
Marshal, etc., not to execute writ of
replevin issued contrary to this
act; perialty.
Writ issued contrary to sections
138–142, shall be quashed, plain-
tiff nonsuited and mulcted in
treble costs.
When court may refuse return of
property taken on writ of re-
plevin until after judgment.
CRIMINAL PRACTICE.
Form of indictments. (NOTE.-See
116.
118.
119.
120.
121.
123.
124.
125.
126.
127.
. Plaintiff’s affidavit, what to state.
. Plaintiff to give security.
. Return of writ by Officer; proceed-
. Continuances discretionary with
court where verdict shall be set
aside; new trial granted or com-
mission issued to take testimony.
Sanhe subject; where surveyor neg-
lects to return plats, etc., in ac-
tions of ejectment.
On application for continuance,
causes for may be inquired into
and also the alleged required tes-
timony, etc. (NOT E.—Continu-
ance is matter of Sound discre-
tion.)
Continuance to procure testimony
of absent witness.
Actions at law may be continued
four terms at discretion of court;
costs, how taxed on continuance;
liability of attorneys for neglect
to prosecute; exceptions.
. Continuance; where a witness to
material facts can not be pro-
cured, etc. -
Continuance on special verdict or
case stated.
Causes may be continued for return
of testimony when commission
issued.
How long actions shall continue.
Continuance; where judgment shall
be set aside, etc.
REPLEVIN .
Form of declaration in replevin.
ings.
9.
. When defendant can not be found;
notice by publication.
. Proceedings in default after publi-
cation.
. Appearance of defendant; his pleas.
. Plaintiff’s damages; how deter-
mined.
| 144.
145.
146.
147.
148.
149.
Chapter on “Criminal Proced-
ure,” R. S. U.S., secs. 1014 to 1042.
See Limitations as to prosecutions,
secs. 1043–1048, R. S. U.S.)
Indictments for perjury and subor-
nation of perjury shall aver sub-
stance of offense. -
Collection of fines and penalties for
violation of laws of District of
Columbia.
Informations shall clearly set forth
the nature of the charge, and shall
not be quashed on account of
technicality or clerical error, and
Imay be amended in police court.
On appeal to Criminal court, execu-
tion shall be by clerk of said
court ; penalty for nonpayment
of fines; proviso, as to liability of
Sureties; proviso, as to taxing at-
torney fee.
Recovery and distribution of certain
fines; informer's share.
. Liability of persons making false
claims against United States.
. Same subject; suits for same, how
prosecuted a n d discontinued ;
COSt.S.
. Same subject; duty of district attor-
ney in such cases.
. Same Subject; rights of persons pre-
senting such suits.
. Same subject; limitation of such
suits.
. Witnesses for defendant in criminal
trials; number to be allowed; fees
and costs, etc.
. Special Oath of grand jury.
. Special charge to grand jury.
. Libels, truth may be given in evi-
dence under general issue, when;
if libel true, defendant may be
acquitted.
. Extradition of fugitives from jus-
tice.
. Criminals deemed pardoned, etc.;
when time served out.
. Remission of forfeitures by Presi-
dent.
442 **
CHAPTER LV.—PLEADING AND PRACTICE.
Motions and suits
at special terms.
Sec. 800, R. S.
D. C. |
3 Mar., 1863, ch.
91, sec. 5, v. 12, p.
763. -
Sec. Sec.
162. Execution of sentence may be post- 164. Fines in tobacco; how discharged in
poned. money. (See Notes to this section.)
163, Poor convicts sentenced and im- 165. Value fixed for certain coins.
prisoned for fines, how may be
discharged. (NOTE.-Juvenile
offenders; where confined.)
166. Fines, judgments, etc., can only be
tendered in money ; value of
pounds sterling fixed.
IPRACTICE—CIVIL.
SEC. I. Non-enumerated motions in all suits and proceedings at
law and in equity shall first be heard and determined at special terms.
Suits in equity, not triable by jury, shall also be heard and deter-
mined at special terms. But the justice holding such special term
may, in his discretion, Order any such motion or suit to be heard, in
the first instance, at a general term. *
6 Mackey Rep., 531, D.C., vs. Rapley; 4 Wallace Rep., 167, Brown vs. Wiley; 135
U. S. Rep., 314, Willard vs. Wood.
Issues of fact,
how triable.
Sec. 801, R. S. D. C.
Issues at law,
how tried.
Sec. 802,
D. C.
R. S.
Exceptions.
Sec. 803, R. S.
D. C.
1 MacArthur,
Rep. , 339; 2
Mackey Rep., 311;
Mac.A. and Mackey
Rep., 70; 122 U. S.
Sec. 2. All issues of fact triable by a jury or by the court shall be
tried before a single justice. e
6 Mackey Rep., 488, Cunkle vs. Heald.
SEC. 3. Issues of law may be tried at a special term. At any time.
after issue, and at least ten days before the sitting of the court, either
party may give notice of trial. The party giving the notice shall
furnish the clerk, at least four days before the sitting of the court,
with a note of the issue, containing the title of the action, the names
of the attorneys, and the time when the last pleading was served ;
and the clerk shall thereupon enter the cause upon the calendar,
according to the date of the issue.
SEC. 4. If upon the trial of a cause, an exception be taken, it may
be reduced to writing at the time, or it may be entered on the minutes
of the justice, and afterward settled in such manner as may be pro-
vided by the rules of the court, and then stated in writing in a case
or bill of exceptions, with so much of the evidence as may be mate-
rial to the questions to be raised, but such case or bill of exceptions
need not be sealed or signed.
Rep., 232, Shepherd vs. Thompson; 151 U. S. Rep., 607, Shauer vs. Alterton.
An exception to
a plea shall be
sealed by the jus-
tices. t
13 Edward I, ch.
31, sec. 1, A. D
1285.
Alex. Brit. Stat.,
126, 127.
Rilty's Rep., 212.
New trials.
another of the company shall:
SEC. 5. When one that is impleaded before any of the justices doth
alledge an exception, praying that the justices will allow it, which
if they will not allow, if he that alledged the exception, do write
the same exception, and require that the justices ji put to their
seals for a witness, the justices shall so do ; and if one will not
(2) And if the King, upon complaint
made of the justices, cause the record to come before him, and the
same exception be not found in the roll, and the plaintiff shew the
exception written, with the Seal of a justice put to, the justice shall
be commanded that he appear at a certain day, either to confess or
deny his seal. (3) And if the justice cannot deny his seal, they shall
Fº to judgment according to the same exception, as it ought to
e allowed or disallowed.
SEC. 6. The justice who tries the cause may, in his discretion,
entertain a motion, to be made on his minutes, to set aside a verdict
and grant a new trial upon exceptions, or for insufficient evidence,
Or for excessive damages; but such motion shall be made at the same
Sec. 804, R. S.
D. C.
121 U. S. Rep.,
562, Metropolitan term at which the trial was had.
Ry. vs. Moore;
122 U. S. Rep., 232, Shepherd vs. Thompson.
1 Cranch, C. C., 128, Brooke vs. Pey-
ton; 1 Cranch, C. C., 152, Ingle vs. Collard; 2 Cranch, C. C., 348, Brent vs. Coyle;
Wash. Law Rep., v. 1, No. 25, p. 142, U. S. vs. Wood.
Chapter Lv.–PLEADING AND PRACTICE. 443
{
SEC. 7. When such motion is made and heard upon the minutes, On, motion for
an appeal to the general term may be taken from the decision, in º. º appeal
which case a bill of exceptions or case shall be settled in the usual ****
Iſla,D.Il62]”. - pº 805, R. S.
121 U. S. Rep., 563, Metropolitan Ry. vs. Moore; 2 Cranch, C. C., 231, Swann vs.
Bowie; 2 Cranch, C. C., 324, Turner vs. Foxall; 4 Cranch, C. C, 206, Lloyd vs. Scott;
SEC. 8. A motion for a new trial on a case or bill of exceptions, Motion for new
and an application for judgment on a special verdict or a verdict ºal tº be heard at
taken subject to the opinion of the court, shall be heard in the first º' "
instance at a general term. * pº 806, R. S.
121 U. S. Rep., 563, Metropolitan Ry, vs. Moore; 1 Mackey R.,46, Lewis vs. Shep-
herd; 2 Cranch, C. C., 361, Bank of Metropolis vs. Walker.
SEC. 9. When, at any term of the court, a jury shall be impaneled Trials when an-
to try any cause or any issue or issues joined in any cause, and it ºne term inter-
shall happen that no verdict shall be found, nor the jury otherwise “”
discharged before the day appointed by law for the commencement Sec. 807, R. S. .
of the next succeeding term, the court shall proceed with the trial P. § U. S. R
by the same jury in every respect as if such term had not commenced; sº She i.e.º.
and all subsequent proceedings to final judgment, if such judgment £epper. R e
shall be rendered, shall be entered and have legal effect and opera-
tion as of the term at which the jury shall have been iº.
SEC. 10. All fictions in the pleadings in the action of ejectment . Fictions in plead-
within the District are abolished; and all actions for the recovery ings abolished.
of real estate shall be commenced in the name of the real party in Sec. 809, R. S.
interest, and against the party claiming to own or be possessed D. º
º 94 U. S. Rep.,
thereof. 775, Hog a n vs.
Kurtz; 2 Cranch, C. C., 227, McCormick’s Lessee vs. Magruder; 2 Cranch, C. C., 52,
Lynn vs. Hull; 2 Cranch, C. C., 96, Whetcroft vs. Burford; 2 Cranch, C. C., 226,
Waters vs. Bassord; 2 Cranch, C. C., 418, Deneale vs. Young; 2 Cranch, C. C., 499,
Janney vs. Smith. - -
SEC. 11. Mutual debts between the parties to an action, or between Set-offs.
the testator or intestate of both parties, or either party, may be set Tsec. 810, R.T.S.
off against each other by plea in bar, whether the said debts be of D. C. 3.
the same or a different nature ; and if either debt arose by reason of
a penalty, the exact sum to be set off shall be stated in the plea.
SEC. 12. The plea of set-off may be : “That the plaintiff, at the Form of plea of
commencement of the suit, was, and still is, indebted to the defend- *off.
ant in * the sum of dollars, for , as appears by the par- Sec. 811, R. S.
ticulars of said debt, hereunto annexed ; and he is willing that the D. C.
same may be set off against the plaintiff’s demand.”
SEC. 13. And upon the trial of an issue upon a plea of Set-Off, judg- * #. #. .
ment shall be for the balance found due, whether to the plaintiff or ...” “”
defendant, with costs. e
Sec. 812, R. S. D. C.
SEC. I4. Mutual judgments recovered in the court may be set off Mutual judg-
against each other, on motion of either party; and the court shall º º
award execution for the balance found due against the party charge- Sec. 813, R. S.
able there with. D. C.
SEC. 15. In case any suit shall hereafter be brought on any judg- lº se #.
ment, or on any bond, or other writing sealed by the party, and the Fº º
defendants shall have any demand or claim against the plaintiff, #. jurisdictional
upon judgment, bond, or other instrument under Seal, or upon note, amount.
* As amended Feb. 27, 1877, 1 Sup. R. S., 280, par. 15.
4:44 CHAPTER LV.—PLEADING AND PRACTICE.
Md. act 1785, ch, agreement, assumpsit, or account proved, as by this act is allowed
**. r, 202 the defendant, or otherwise according to law, shall be at liberty to
51 º 'E., file his account in bar, or plead discount to the plaintiff’s claim, and
313, Lee vs. Rut judgment shall be given for the plaintiff for the sum only which
ledge;48Md. Rep., remains due after just discount made; provided the sum which shall
* Hººk remain due after such discount be sufficient to support a judgment
§ *.s. in the court where the cause may be tried, according to its established
, Ry. U.S. jurisdiction; and in all cases of suits upon simple contracts, the
defendant may file an account in bar, or plead discount of any claim
he may have against the plaintiff, proved as aforesaid, or otherwise
proved according to law, which may be of an equal or superior nature
to the plaintiff’s claim, and judgment shall be given as aforesaid.
Judgment by SEC. 16. Where a suit is brought upon an open account, verified
default in suitson by the plaintiff's or his agent's affidavit, that the amount claimed by
** the plaintiff is justly payable by the defendant to the plaintiff, and
Sec. 825, R. S. the defendant fails to defend the suit, the plaintiff may have judg-
D. C. ment final by default for the amount, with interest from the day
Specified in the declaration, without an inquiry of damages.
Verification, of SEC. 17. If the affidavit of the plaintiff or his agent be made before
authority ºf officer an officer, of whose authority to administer oaths the court cannot
taking affidavit, take notice, his authority must be verified by the certificate under
Sec. 826, R. S. Official seal, if he have one, of the officer having authority to give
P. C. such certificate.
Where money is SEC. 18. Where money is payable by two or more persons jointly
payable, by Jººt or severally, as by joint obligors, covenantors, makers, drawers, or
flºors. P* indorsers, one action may be sustained and judgment recovered
>~~ against all or any of the parties by whom the money is payable. at
Sec. 827, R. S. the option of the plaintiff. But an action against one or some of the
*u S. Rep. parties by whom the money is payable may, while the litigation
63. Burjet. ... therein continues, be pleaded in bar of another action against another
Bartlet; 5 Mackey or others of said parties.
Rep., 47, Keyser vs. Fendall; 2 MacArthur Rep., 348, Abrams vs. De Wandalaer.
Plaintiff not en- SEC. 19. If the declaration state a cause of action of which the
tº ed to * court has jurisdiction, but the verdict finds the money payable by
when. the defendant to the plaintiff to be less than the lowest sum of which
Sec. 828, R. S. the Court has jurisdiction, the plaintiff shall have judgment for the
*čane, C. C. amount found due to him from the defendant, but without costs.
33, Goddard vs. Davis; 1 Cranch, C. C., 40, McKnight vs. Ramsay.
Petition for SEC. 20. Any person being a resident of the District, and desirous
change of name to have his name changed, may file a petition in the Supreme court
sec, sº, R. s. setting forth the reasons therefor, and also the name desired to be
C. assumed.
Notice of peti SEC. 21. Notice of the filing of such petition, containing the sub-
tº º, º stance and prayer thereof, shall be published for three consecutive
name to be pub- e - * e * t ſº tº
lished. Weeks in some newspaper in general circulation published in the Dis-
Sec. 834, R. S. trict, prior to the hearing of the petition.
D. C. - .
Name changed. SEC. 22. The court, or the justice holding a civil term thereof, on
s... sº. E. s. proof of such notice, and upon such showing as may be deemed Sat-
g 3. isfactory, may change the name of the applicant according to the
prayer of the petition. -
y
Notice by publi; SEC. 23. Publication may be substituted for personal service Of
cation h lie...of process upon any defendant who cannot be found, in suits for par;
P*** tition, divorce, by attachment, for the foreclosure of mortgages and
CHAPTER Lv.–PLEADING AND PRACTICE. 445
deeds of trust, and for the enforcement of mechanic's liens and all Sec. 787, R. S.
other liens against real or personal property, and in all actions at D.9%
law or i ity which have for their immediate object the enforce. ...!".º. 8. Rep.
aw or in equity, which nave for their immediate object the entorce- aſsºs, i.
ment or establishment of any lawful right, claim, or demand to or . . Dºğ
against any real or personal property within the jurisdiction of the ton; 99 U.S. Rep.,
Court. - 370, Brooklyn vs.
-- - Ins. Co.; 89 U. S.
Rep., 478, Harkness vs. Hyde; 95 U. S. Rep., 714, Pennoyer vs. Neff.
SEC. 24. No order for the substitution of publication for personal Qrder of publi-
service shall be made till a summons for the defendant shall have Cation.
been issued and returned “not to be found.” Sec. 788, R. S.
D. C.
SEC. 25. The order for publication shall be in the following or order of publi-
equivalent form : * cation, form of.
“In the supreme court of the District of Columbia, the
Of , 18–.
“A. B., plaintiff,
V.
“C. D., defendant, -
“On motion of the plaintiff, by Mr. -, his attorney, it is
ordered that the defendant cause his appearance to be entered herein
on or before the first rule-day occuring forty days after this day;
otherwise the cause will be proceeded with as in case of default.”
day Sec. 789, R. S.
D. C.
(At law,) (In equity,) No. —.
SEC. 26. In actions against foreign Corporations doing business in Process against
the District, all process may be served on the agent of such corpora- foreign corpora-
tion or person conducting its business, or, in case he is absent or can *
not be found, by leaving a copy at the principal place of business in Sec. 790, R. S.
the District, and such service shall be effectual to bring the corpora- D.C
$º - >< 2 MacArthur
tion before the court. Rep., 146, Dallas
vs. Ry. ; 106 U. S. Rep., 355, St. Clair vs. Cox.
SEC. 27. All pleas which shall be pleaded in any courts whatso-, Pleadings, shall
ever, before any of his justices whatsoever, or in his other places, or be in English.
before any of his other ministers whatsoever, or in the courts and ~.
places whatsoever, shall be pleaded, shewed, defended, answered, .*.*.*.*.
debated, and judged in the English tongue. *** A.D.
62
Alex. Brit. Stat., 177. Kilty's Rep., 41.
SEC. 28. All writs, process, and returns thereof, and proceedings . All proceedings
thereon, and all pleadings, rules, orders, indictments, informations, . #. shall be
inquisitions, presentments, verdicts, prohibitions, certificates, and º
all patents, charters, pardons, Commissions, records, judgments, penalty. ov-- ?
statutes, recognizances, bonds, rolls, entries, fines and recoveries, and &
all proceedings relating thereunto, and all proceedings of courts, and * sº ch.
all copies thereof, and all proceedings whatsoever in any courts of Aix. Bºštat.
justice and which concern the law, and administration of justice, 702,703. 3.
shall be in the English tongue and language only, and not in Latin Kilty's Rep., 249.
or French, or any other tongue or language whatsoever, and shall be
written in such a common legible hand and character, as the acts of
Parliament are usually engrossed in, and the lines and Words of the
same to be written at least as close as the said acts usually are, and
not in any hand commonly called court hand, and in Words at length,
and not abbreviated; any law, custom, or usage heretofore to the
contrary thereof motwithstanding ; and all and every person Or per-
sons offending against this act, shall for every such offence forfeit
and pay the sum of fifty pounds to any person, who shall Sue for the
same, by action of debt, bill, plaint, or information in any courts of
record.
* Foreign insurance companies must appoint agent upon whom process may be served. 25 Stat.,
Ch. 46, p. 367, Sec. 4
446 CHAPTER Lv.–PLEADING AND PRACTICE.
Process, etc., to SEC. 29. All writs, process, and returns thereof, and proceedings
*à";"º: thereon, and all pleadings, rules, orders, indictments, informations,
jºiniatij inquisitions, presentments, verdicts, prohibitions, certificates, pat-
to penalty. ents, charters, pardons, commissions, records, judgments, statutes,
6 ce. Inc. recºgnizanº, bonds, rolls, entries, fines and recoveries, and all pro-
14, sec. 3, A. f. ceedings relating thereunto, and all proceedings of courts, and all
1733. copies thereof, and all proceedings whatsoever, in any courts of
Alex, Brit. Stat., justice, and which concern the law and administration of justice,
720,721. may be written or printed in a common legible hand and character,
Kilty's Rep. *0 and with the like way of writing or printing, and with the like
manner of expressing numbers by figures, as have been heretofore
or are now commonly used in the said courts respectively, and with
Such abbreviations as are now commonly used in the English lan-
guage, and that no penalty or punishment shall be incurred, by
virtue of the said recited act, for any other offence than for writing
or printing any of the proceedings, or other the matters and things
above mentioned, in any hand commonly called court hand, or in
any language except the English language, nor shall any such pen-
alty or punishment be extended to the expressing the proper or
known names of writs or other process or technical words in the
same language, as hath been commonly used, so as the same be
Written or printed in a common legible hand and character, and not
in any hand commonly called Court hand; and that all prosecutions
for Offences against the said act shall be commenced within three
months after the same shall be committed.
Nonresidents , SEC. 30. Any attorney, or any other person practising the law in
shall give security this province, or the plaintiff that shall Sue in any county court
for costs. where he does not reside, shall be obliged to give security for the
2 &
Md. actiºns, on payment of all the officers' fees that shall accrue upon any suit by
48, pt. Sec. 12. him to be commenced, either at the time of the issuing of the writ
1. Kilty, 140. in the action, or during the continuance of the court to which such
1 Porsey, 49. writ shall be returned, on pain of paying such fees himself, or suffer-
ing his client to be non-suited, in default of such security to be
given, or of such attorney signifying his intention to pay such fees,
any law, statute, usage, custom, rule of court, or Order from any
persons to the contrary notwithstanding.”
An infant may SEC. 31. In every case whereas such as be within age may sue, it
sue by next friend is ordained, that if such within age be eloined, so that they cannot
Israwaii... sue personally, their next friends shall be admitted to sue for them.
15, sec. 1, A. D. 1285. Alex, Brit. Stat., 121. Kilty's Rep., 212.
Poor persons SEC. 32. Every poor person or persons, which have, or hereafter
may suº without shall have cause of action or actions against any person or persons
paying fees. within this realm, shall have, by the discretion of the chancellor of
11 Henry VII, this realm for the time being, writ or writs original, and writs of
ch;12, sec. 1, A. D. subpoena, according to the nature of their causes, therefore nothing
*. Brit.stat, paying to Yºur highness for the seals of the same, nor to any person
26.3."” for the writing of the same writs to be hereafter sued; (3) and that
Kilty's Rep.,229, the said chancellor for the time being shall assign such of the clerks
which shall do and use the making and writing of the same writs,
to write the same ready to be sealed, and also learned counsel and
attornies for the same, without any reward taking therefore; (4) And
after the said writ or writs be returned, if it be afore the King in his
bench, the justices there shall assign to the same poor person Or per-
sons, counsel learned, by their discretions, which shall give their
counsels, nothing taking for the same: (5) And likewise the justices
* §: *. R. S. D. C. See also Md. act 1796, ch. 43 sec. 12; 2 Kilty, 618 ; 2 Mackey Rep., 1, Anderson
vS. Smith.
CHAPTER LV.—PLEADING AND PRACTICE. - 447
shall appoint attorney and attornies for the same poor person or per-
sons, and all other officers requisite and necessary to be had for the
speed of the said suits to be had and made, which shall do their
duties without any reward for their counsels, help, and business in
the same: (6) And the same law and order shall be observed and kept
of all such suits to be made afore the King’s justice of his common
place, and barons of his exchequer, and all other justices in the
courts of record where any such suits shall be.”
SEC. 33. Provided alway, That all and every such poor person, or when poor per-
persons being plaintiff or plaintiffs in any of the said actions, bills, sons not liable to
or plaints, which at the commencement of their suits or actions be pay costs.
admitted by discretion of the judge or judges, where such suits or T23 Henry VIII,
actions º be pursued or taken, to have their process, and counsel ch. 15, sec.2, A. D.
of charity without any money or fee paying for the same, shall not 1531. *
be compelled to pay any costs by vertue and force of this statute, sº Stat.,
... but j suffer other punishment, as by the discretion of the jus; ºrep.,231.
tices or judge, afore whom such suits shall depend, shall be thought 3
reasonable, anything afore rehearsed to the contrary hereof notwith-
standing. -
SEC. 34. Actions of account shall and may be brought and main- Actions of ac-
tained against the executors and administrators of every guardian, count agains.
bailiff and receiver; and also by one joint-tenant and tenant in com: ... º.º.
e tº gº e ºr guardians, bailiffs,
mon, his executors and administrators, against the other, as bailiff 3. i.i.
for receiving more than comes to his just share or proportion, and tenants, etc.,
against the executor and adminstrator of such joint-tenant or tenant againsteach other,
in common; and the auditors appointed by the court, where such ºs º: to
action shall be depending, shall be, and are hereby impowered to ...”
administer an Oath, and examine the parties touching the matters in p 3 wºuve
question, t and for their pains and trouble in auditing and taking such 4 Anne, ch. 16,
account, have such allowance as the court shall adjudge to be reason- see: 37, A.P.47%
able to be paid by the party, on whose side the balance of the account sº Brit. Stat.,
shall appear to be. kilty's Rep.,247.
28 Md. Rep., 635, Hamilton vs. Conine; 48 Md. Rep., 1, Wisner vs. Wilhelm.
SEC. 35. It shall and may be lawful for any defendant or tenant Parties may
in any action or suit, or for any plaintiff in replevin in any court of :*:::::: SeV—
record, with the leave of the same court, to plead as many several *Jºº-yº e
matters thereto as he shall think necessary for his defence. Ibid., Sec. 4.
. - Alex. Brit. Stat.,
660. -
Rilty's Rep., 246.
SEC. 36. Where any demurrer shall be joyned, and entered in any Judges shall
action or suit in any court of record within this realm, the judges give judgment on
shall proceed and give judgment, according as the very right of the º: wº
cause and matter in law shall appear unto them, without regarding ...” €C
any imperfection, Omission or defect in any writ, retorn, plaint, tº-
declaration, or other pleading, process or course of proceeding what Ibid., see: 1.
SOever, except those only which the party demurring shall specially
and particularly set down and express, together with his demurrer,
as causes of the same, notwithstanding that such imperfection,
Omission or defect might have heretofore been taken to be matter of
Substance, and not aided by the statute made in the twenty-seventh
year of Queen Elizabeth, intituled, An act for the furtherance of
justice in case of demurrer and pleadings, so as sufficient matter
appear in the said pleadings, upon which the court may give judg-
ment according to the very right of the cause; and therefore from
and after the said first day of Trinity-term no advantage or exception
shall be taken of or for an immaterial travers; or of or for the
* See secs. 917 and 918, R. S. D. C. See act of Congress, July 20, 1892, 27 Stat., ch. 209, p. 252.
t Auditor may examine all witnesses. Md. act 1785, ch. 72, sec. 17. 2 Kilty, 51.
CHAPTER Lv.–PLEADING AND PRACTICE. /
default of entring pledges upon any bill Or declaration ; or of or for
After verdict
judgment shall be
given, not with -
standing defects.
32 Henry VIII,
ch. 30, sec. 2, A. D.
1540.
Alex. Brit. Stat.,
327,328.
Kilty's Rep.,232.
Judgment on
verdict shall not
be stayed or re-
versed for vari-
3.D.Cé.
21 James I, ch.
13, sec. 2, A. D.
1623.
Alex. Brit. Stat.,
442,443.
Filty's Rep., 237.
part misawarded or Sue
Exception as to
certain felonies
and penal actions.
the default of alledging the bringing into court any bond, bill, in-
denture or other deed whatsoever mentioned in the declaration or
other pleading; or of or for the default of alledging of the bringing
into court letters testamentary, or letters of administration ; or of or
for the omission of vi & armvis & contra pacem, or either of them ;
or of or for the want of averment of hoc paratus est verificare, or
hoc paratus est verificare per recordwm; or of or for not alledging
prowt patet per recordwm; but the court shall give judgment accord-
ing to the very right of the cause, as aforesaid, without regarding
any such imperfections, Omissions and defects, or any other matter
of like nature, except the same shall be specially and particularly
set down and shewn for cause of demurrer. -
SEC. 37. If any issue be tried by the oath of twelve or more indif-
ferent men, for the party plaintiff or demandant, or for the party
tenant Or defendant, in any manner of action or suit at the common
law [of this realm,.] in any of the [King's] courts of record, that then
the justice or justices by whom judgment thereof Ought to be given,
shall proceed and give judgment in the same ; (4) any mispleading,
lack of colour, insufficient pleading, Or jeofail, (5) any miscontinu-
ance or discontinuance, or misconveying of process, (6) misjoining
of the issue, lack of warrant of attorney for the party against whom
the same issue shall happen to be tried, (7) or any other default or
negligence of any of the parties, their counsellors, or attorneys, had
or made to the contrary notwithstanding; (8) and the said judgments
thereof, so to be had and given, shall stand in full strength and force
to all intents and purposes, according to the said verdict, without any
reversal or undoing of the same by writ of error, or of false judg-
ment, in like form as though no such default or negligence had never
been had or committed.
SEC. 38. If any verdict of twelve men or more, shall nereafter be
given for the plaintiff or demandant, or for the defendant, or tenant,
bailiff in assize, vouchee, pray in aid, or tenant by receit, in any
action, suit, bill, plaint or demand in any court of record, the judg-
ment thereupon shall not be stayed nor reversed by reason of any
variance in form only, between the original writ or bill, and the
declaration, plaint or demand; (2) or for lack of an averment of any
life or lives of any person or persons, so as upon examination, the
said person be proved to be in life; (3) or by reason that the venire
facias, habeas corpora or distringas is awarded to a wrong officer,
upon any insufficient º ; (4) or by reason the visme is in some
Out of more places, or of fewer places than
it ought to be, so as some one place be right named; (5) or by reason
that any of the jury which tried the said issue is misnamed, either
in the sirmame or addition in any of the said writs, or in any return
upon any of the said writs, SO as upon examination it be proved to
be the same man that was meant to be returned; (6) or by reason
that there is no return upon any of the said writs, so as a pannel of
the names of jurors be returned and annexed to the said writ; (7) or
for that the sheriff's name or other officer’s name having the return
thereof, is not set to the return of any such writ, so as upon exami-
nation it be proved that the said writ was returned by the sheriff or
under-Sheriff, or any such other officer; (8) or by reason that the
plaintiff in an ejectione firmce, or in any personal action or suit (being
an infant under the age of one and twenty years) did appear by
attorney therein, and the verdict pass for him; any law, custom or
usage to the contrary notwithstanding.
SEC. 39. Provided always, and be it further emacted, That this act,
or anything therein contained, shall not extend to any writ, declara-
tion or Suit of appeal of felony or murther; (2) nor to any indictment
CHAPTER Lv.–PLEADING AND PRACTICE. 449
or presentment of felony, murder or treason, nor to any process upon Ibid., sec. 3.
any of them; (3) nor to any writ, bill, action or information upon
any popular or penal statute; anything therein contained to the
contrary notwithstanding. 5 Geo. I, ch. 13.
SEC. 40. It shall and may be lawful for any person or persons, when tender
body or bodies corporate, sued in any action or actions of debt, cove- bars costs in ac-
nant, or any other action or actions, on any policy or policies of ions on insurance
assurance, to bring into court any sum or sums of money; and if *
any such plaintiff or plaintiffs shall refuse to accept such sum or 196eorge II, ch.
sums of money, so brought into court as aforesaid, with costs to be $7.5ec. 7, A. D.
taxed, in full discharge of such action or actions, and shall after- *. Brit. Stat
wards proceed to trial in such action or actions, and the jury shall 763. “"“”
not assess damages to such plaintiff or plaintiffs, exceeding the sum Kilty's Rep.,252.
or sums of money so brought into court, such plaintiff or plaintiffs,
in every such case and cases, shall pay to such defendant or defend-
ants, in every such action or actions, costs to be taxed; any law,
custom or usage to the contrally moth withstanding.
- [See § 4 of this act, sub-title “ Insurance,” ante.]
SEC. 41. The plea of mom est factum shall not be received in any ...Plea of º ºst
action brought, or hereafter to be brought, unless the party for {:}; shall be
whom such plea shall be tendered verify the same by affidavit, or tº
affirmation, as the Čase may be, to the truth thereof, or unless the ºld, aſt 1785,ch.
defendant, being heir, executor or administrator, of the person iº. 232
alleged to have made the deed, obtain leave from the court, upon Y, 363.
shewing just cause, to put in Such plea.
SEC. 42. All the statutes of jeofails shall be extended to judgments . All, statutes of
which shall at any time afterwards be entered upon confession, nihil jeofºils extended
dicit, or mom Swim informatus, in any court of record; and no such to judgments.
judgment shall be reversed, nor any judgment upon any writ of 4 Anne, ch. 16,
enquiry of damages executed thereon be staid or reversed for or by Seº, A.P. º.
reason of any imperfection, omission, defect, matter or thing what aft”
soever, which would have been aided and cured by any of the said £ilty's Rep.,245.
statutes of jeofails in case a verdict of twelve men had been given in . 3.
the said action or suit, so as there be an Original writ or bill, and
Warrants of attorney duly filed according to the law as is now used.
SEC., 43. Where any action for debt shall be brought upon any sim- Payment may
gle bill, or where action of debt or scire facias shall be brought upon º: º ". º
any judgment, if the defendant hath paid the money due upon such ... º e.
bill Or judgment, such payment shall and may be pleaded in bar of judgment and
such action or suit, and where an action of debt is brought upon any actions on bonds.
bond which hath a condition or defeazance to make void the same Tbid...sec. 12
upon payment of a lesser sum at a day or place certain, if the obligor, 3 Har, and Mc-
his heirs, executors, or administrators have, before the action Henry Rep., 85,
brought, paid to the obligee, his executors or administrators, the Mºard tº. Whet-
principal and interest due by the defeazance or condition of such “”
bond, though such payment was not made strictly according to the
condition or defeazance; yet it shall and may nevertheless be pleaded
in bar of such action, and shall be as effectual a bar thereof, as if the
money had been paid at the day and place, according to the condition
or defeaZance, and had been so pleaded.
SEC. 44. If at any time, pending an action upon any such bond Payment, into
with a penalty, the defendant shall bring, into the court where the ..." º º al
action shall be depending, all the principal money, and interest due i.sº bºi.
On Such bond, and also all such costs as have been expended in any defendants dis.
suit or suits in law or equity upon such bond, the said money so charged.
29 C S * * * *-* *-* : *-**-* * **-* --------- ***** * -º- ºr «»-
- +. * -
450 CHAPTER Lv.–PLEADING AND PRACTICE.
Ibid., Sec. 13, brought in shall be deemed and taken to be in full Satisfaction and
discharge of the said bond, and the court shall and may give judg-
ment to discharge every such defendant of and from the same
accordingly.
Dilatory plea SEC. 45. No dilatory plea shall be received in any court of record,
must be vérified. unless the party Offering such plea, do, by affidavit, prove the truth
ºn...I.T thereof, or shew some probable matter to the court to induce them to
É.i.p.346, believe that the fact of such dilatory plea is true.
Persons absent SEC. 46. If such person or persons, for whose life or lives such
º estates have been, or shall be granted, as aforesaid, shall remain
be i. beyond the seas, or elsewhere absent themselves in this realm by the
by reversioners, space of seven years together, and no sufficient and evident proof be
etc. made of the lives of such person or persons respectively, in any
19 Charles II, ch. action commenced for recovery of such tenements by the lessors or
6, sec. 3. A. D. reversioners, in every such case the person or persons upon whose
1667. life or life such estate depended, shall be accounted as naturally
Alex, Brit. Stat., dead; (2) and in every action brought for the recovery of the said
*º Rep. , 240 tenements by the lessors, or reversioners, their heirs or assigns, the
**** judges before whom such action shall be brought, shall direct the
jury to give their verdict, as if the person so remaining beyond the
seas, or otherwise absenting himself, were dead.
ersons inter- SEC. 47. In any such action wherein the life or death of any such
ested in the land person or º shall come in question between the lessor or rever-
º sioner, and the tenant in possession, it shall and may be lawful for
. . ... the lessor or reversioner to take exception to any of the jurors
returned for the trial of that cause, that the greatest part of the real
*:::::::: s: t estate of any of such jurors is held by lease or copy for lives, who
56."” upon proof thereof shall be set aside as in case of other legal chal-
3 * * * * lenges. -
Pºisons, existed SEC. 48. If any person or persons shall be evicted out of any lands
º, or tenements by virtue of this act, and afterwards if such person or
when damages tº * * 5
persons upon whose life or lives such estate or estates depend, shall
*Y** return again from beyond the seas or shall on proof in any action
Ibid., sec. 5. to be brought for recovery of the same, be made appear to be living,
or to have been living at the time of the eviction, that then, and
from thenceforth the tenant or lessee, who was outed of the same,
his or their executors, administrators Or assigns, shall or may re-enter,
repossess, have, hold and enjoy the said lands or tenements in his or
their former estate, for and during the life or lives, or so long term
as the said person or persons upon whose life or lives the said estate
Or estates depend, shall be living; (2) and also shall upon action or
actions to be brought by him or them against the lessors, reversion-
ers or tenants in possession, or other persons respectively, which
since the time of the said eviction received the profits of the said
lands or tenements, recover for damages the full profits of the said
lands or tenements respectively, with lawful interest for and from
the time that he or they were outed of the said lands or tenements,
and kept and held Out of the same by the said lessors, reversioners,
tenants, or other persons, who after the said eviction received the
profits of the said lands or tenements, or any of them respectively,
as well in the case when the said person or persons upon whose life
or lives such estate or estates did depend, are or shall be dead at the
time of bringing of the said action or actions, as if the said person
Or persons were then living.
Wastemaintain- SEC. 49. Whereas two or more do hold wood, turf land, or fishing,
able by one tenant or other such thing in common, wherein none knoweth his several,
... ...?” and some of them do waste against the minds of the other, an action
against another. gº : l- > -ſ; *. & e - &
may lie by a writ of waste; (2) and when it is come unto judgment,
CHAPTER Lv.–PLEADING AND PRACTICE. - 451 .
* *
the defendant shall choose either to take his part in a place certain, 18Edward I, ch.
by the sheriff, and by the view, oath, and assignment of his neigh- *ś
bours, Sworn and tried for the same intent, or else he shall grant to 13 º, rit. Stat.,
take nothing from henceforth in the same wood, turf land, and such jºiſty's Rep.,212.
other, but as his partners will take. (3) And if he do choose to take
his part in a place Certain, the part wasted shall be assigned for his
part, as it was before he committed the waste. (4) And there is such
a writ in this case, that is to say. Cwm A & B tement boscwm pro
'indiviso, B fecit vaStum, &c.
SEC, 50, Writs and process issued out of the Supreme court may Mesne process,
be tested in the name of any justice of the court.* teste of writs.
- Sec. 781, R. S.
D. C. 3 Mar., 1863, ch. 91, sec. 10, v. 12, p. 764. 7 Peters, 568, Ea; parte Watkins.
SEC. 51. All writs and processes issuing from the courts of the Sealing and test-
United States shall be under the seal of the court from which they tº of writs.
issue, and shall be signed by the clerk thereof. g r Sec. 911, R. S.
- - . |U. S.
SEC. 52. All process issued from the courts of the United States , Teste of process,
shall bear teste from the day of such issue. - day of.
Sec. 912, R. S. U. S. 91 U. S., 143, Atherton et al. vs. Fowler et al.
SEC. 53. It shall and may be lawful for any person or persons , Persons mayor;
whatsoever, to order out process in their own proper names, without . 5. *
any titling from an attorney for the same, and the several and ; wº
respective clerks of the several offices of the [provincial and county] confessiudgment;
courts are hereby obliged, upon applicatian to them made by any security for costs
person or persons as aforesaid, to issue such writs as shall be by by nonresidents:
them demanded, the party or parties suing Out the same, if non-resi- Md. act 1716, ch.
dents, securing to the 'secretary, or the clerks of the several [county] 20,sec. 2.
courts, and all other officers, their lawful fees; and that any person #. , 148.
or persons whatsoever that shall hereafter be sued or impléaded in ****
[the provincial court, or] any of the [county] courts within this
District [province] shall and may, in his or their own proper persons,
come into court, and [after special bail by him or them given, if
adjudged so to do, to] appear and imparle till next court, or to con-
fess judgment, to any action or actions, in any of the courts afore-
said, commenced against him, her or them, any law, statute or custom
to the contrary hotwithstanding. .
SEC. 54. No person or persons, upon the Lord’s Day, shall serve Service of proc-
or execute, or cause to be served or executed, any writ, process, war- ess, on Sunday
rant, order, judgment or decree (except in cases of treason, felony, *
or breach of the peace) but that the service of every such writ, proc- 29Charles II, ch.
ess, warrant, Order, judgment or decree, shall be void to all intents 7.5ec. 6, A. D.
and purposes whatsoever : º And the person or persons so serving 1% Brit. S
or executing the same, shall be as liable to the suit of the party 56.” tat.,
grieved, and to answer damages to him for doing thereof, as if he or Kilty's Rep., 242.
they had done the same without any writ, process, warrant, order,
judgment or decree at all. [See 5 Anne, ch. 9, § 3; Alex. Brit. Stat., 673.]
d
SEC. 55. All sales duly made in cases in which publication is sub- Process final;
stituted for personal service of process shall be good and valid, and Yalidity of sales in
* xri. re • cases under pro-
vest any purchaser with a perfect title. . by publica-
lC)1],
Sec. 792, R. S. D. C.
*Penalty for obstructing officer in the execution of process. Sec. 5398, R. S. U. S.
452
CHAPTER L.V.-PLEADING AND PRACTICE.
No person to be
held to bail on ac-
tion of debt or con-
2^ tract.
Sec. 791, R. S.
D. C.
In actions of
trover and detinue
defendant requir-
ed to give bail or
committed to cus-
tody.
Md. act 1753, ch.
17, sec. 2.
1 Dorsey, 100.
Special bail, how
to be given; recog-
nizance, how to be
taken.
Md. act. 1715, ch.
28, sec. 2. –
1 Dorsey, 15.
When special
bail ordered, de-
fendant must com-
ply or be retained
in arrest.
Ibid., sec. 3.
1 Kilty, 116.
Who may receive
bail. *
Ibid., Sec. 4.
1 Dorsey, 16.
Form of recog-
ºnizance of bail.
SEC. 56. No person shall be held to bail in the District in any
action of debt, assumpsit, or other action founded. On or arising Out
of any contract or agreement, or in any suit or proceeding in equity
brought or prosecuted for enforcing the payment of any debt, or of
any sum or sums of money due or claimed to be due by reason of
any contract or agreement. --
SEC. 57. In all actions of trover and conversion, and actions of
detinue, to be commenced after the first day of December next, in
any of the courts in this province, it shall and may be lawful for the
justices of the court in which such action shall be commenced, or
such of them as shall be present, upon the affidavit of the plaintiff,
or other evidence of his cause of action given to the satisfaction of
such court, to award special bail against any defendant or defendants
in such action, and for default of such bail to commit such defendant
or defendants to the custody of the sheriff, or coroner, as the case may
require, until he, she, or they, shall put in such bail as is usual in
other cases, any law, usage or custom, to the contrary notwith-
standing. . -
SEC. 58. That it shall and may be lawful to and for the defendant
in any writ issued, or to be issued, out of the provincial court, after
arrest and bail given to the sheriff for his appearance, and before
the return of such writs, to go before One of the justices of the [pro-
vincial court, or before the president or any two justices of the
county] court where such defendant shall be arrested, with two suffi-
cient freeholders of this District [province, such as the justice or
justices before whom such defendant shall go shall approve of, and
then and there give special bail to any action wherein he shall be so
arrested by virtue of such writ, which bail, so taken, shall be deliv-.
ered to the sheriff of such county where the same is taken, to be by
him returned, with such writ, to the [provincial] court. -
SEC. 59. That when special bail is required in the [provincial]
court by the plaintiff’s attorney, at the calling Over the appearance
docket, and that the court does rule special bail shall be given, and
the party, against whom the rule is given that he shall give special
bail, be present, the party defendant shall then and there give special
bail in open court, and shall be deemed to be in the custody of the
sheriff that arrested him in that action till he give special bail as
aforesaid; but if the said party defendant be not able, at the pro-
vincial court, to procure such special bail, then the said party shall
be and remain in the custody of the same Marshal [sheriff] that
arrested him, and by him in Safe custody kept, guarded, and carried
back into the county where the defendant was arrested, and there in
safe custody kept, till he can procure such special bail.
SEC. 60. And for the greater ease of making and taking recogni-
zances of such special bail, it shall and may be lawful for one of the
justices of the [provincial] court of this District [province, or for
the president, or any two justices of the county court, to take and
receive every such recognizance of bail as any person or persons,
who shall be deemed by him or them sufficient sureties, shall be
willing or desirous to acknowledge or make before him or them
in the county, in any action or suit depending, or hereafter to be
depending, in the said [provincial] court, which recognizances, so
required to be taken, as well before as after the return of the writ,
shall be taken in Such manner and form as followeth, viz:
SEC. 61. That instead of the form of recognizance of bail pre-
scribed by the act, entitled, “An act for taking special bail in [the
several counties in] this District [state, upon actions or suits depend-
Md. act 1778, ch.
21, sec. 4.
*1715, ch. 28.
CHAPTER Lv.–PLEADING AND PRACTICE. º, 453
ing in the Supreme Court of the District of Columbia [general court, , 1 Dorsey, 141,
and in the several county courts] of this District [state, the follow. 14%
ing form shall be observed and used in all actions to be commenced
from and after the end of this present session of assembly; that is
to say, John Doe, plaintiff, against Richard Roe, defendant. You,
A. B. and C. D. do jointly and severally acknowledge yourselves
special bail for the said Richard Roe, at the suit of the said John
Doe, in an action of debt brought by the said John Doe against the
said Richard Roe, in the said [general] court. They acknowledge
themselves to be content there with, this day of , before
—. To the honourable the judges of the said [general] court.
Varying nevertheless the said form, according as the nature of the
action may require ; and that the said recognizance shall have the
same force and effect as any recognizance of bail acknowledged and
taken in Open Court. -
SEC. 62. That the justices of the said [provincial] court shall make Gourtshallmake
such rules and Orders for the justifying of such bails, and making ſº :
the same absolute, as to them shall seem meet, so as the cognizor or ." g
- & e g e bail.
cognizors of such bail or bails be not compelled to appear in person "I ºf 1 > Al
in the said [provincial] court to justify him or themselves. sº 1715, ch.
1 Dorsey, 16.
SEC. 63. That the judge or justices by and before whom any such re- Court to inquire
cognizance of bail shall be taken and acknowledged, shall and they intº sufficiency of
are hereby required, carefully to examine into the circumstances and *
sufficiency of the bail so to be taken as aforesaid, and to be careful Md. act 1778, ch.
that they do not take any recognizance of bail of persons that shall 31; see. 5. O
not appear to them to have sufficient estate within this District 4 P*Y. *
tº to answer the same at the time of taking and acknowledging
thereof; Provided, That nothing herein shall be construed to abridge
Or take away the power of the justices of the [general or county]
courts within this District ſº to make rules and orders for the
justifying bails and making the same absolute, or to examine the
sureties upon oath, touching the value of their estates, as by the
said recited act they are required to do.
SEC. 64. That upon any judgment hereafter to be rendered upon Judgment and
any recognizance of bail, it shall and may be lawful for the plaintiff fººtion on bail
or plaintiffs therein to issue execution against the body, goods or *
chattels, lands or tenements, of the defendant, as if the said judg- Ibid., sec. 6.
ment were for his own proper debt, any law, usage or custom, to the 1 Dorsey, 14%
confrary thereof in anywise notwithstanding.
SEC. 65. That any justice or justices of said [any county] court Any justice of
shall and may, On application to them made by any person or persons * may º:
whatsoever, on any action brought, or hereafter to be brought, in ºthiadº”
any [county] court of this District [province] take any special bail, tº &
according to the rules before directed for taking special bail to any ºf 1715.6%.
actions brought in the said [provincial] court, for the taking of *... 16
which said recognizance of bail in the county court, and the said y, 10.
justices of the Several county courts, upon receiving the bail to be
given as aforesaid, shall act and do in all things according to the
power by this act given to the justices of the [provincial] court
aforesaid, and the bail so by them taken, shall be as effectual to all
intents and purposes in the county court, as the bails before directed
shall be in the [provincial] court, any law, statute, usage, custom
Or practice to the contrary notwithstanding.
SEC. 66. If any plaintiff in a civil action, after judgment shall Capias ad satis-
have been obtained by him, makes oath, according to law, that the fºendºn.
defendant has conveyed away, lessened, or disposed of his property, Sec. 794, R. S.
rights, or credits, or is about to remove, or has removed, his prop- D. C. &
454 - CHAPTER Lv.–PLEADING AND PRACTICE.
17 June,1844.g., erty from the District, as the plaintiff believes, with intent thereby
§ V. B. Pp: "7% to hinder or delay the recovery or payment of his debts, the clerk of
"; Feb. 1845, ch, the court shall thereupon issue a capias ad satisfaciendum.
2, v. 5, pp. 721,722. 4 Mackey Rep., 259, Wallace vs. Prott.
Proceedings on SEC. 67. Upon the arrest of any such defendant under a capicts ad
arrest under capias satisfaciemdwm, he may be brought by the habeas corpus before the
gºtisſ ***** court, if in term time, and before one of the judges thereof in vaca-
{e tion, and may call upon the plaintiff to show cause why he, the de-
Sec. 795, R. S. fendant, shall not be discharged from imprisonment ; and upon such
P,Q. - notice, either party may demand a trial by jury; and thereupon
*º the court oriuáge haii direct an issues to be framed
259, wallace is, the Court Or Judge Shall Cllrect an ISSue Or, 1ssueS UO De Iramed upon
|Prott, - the affidavit so filed, and shall cause a jury to be impaneled and
Sworn to try such issue or issues, and if the finding of the jury shall
be for the plaintiff, the defendant shall be thereupon remanded to
prlson.
Who exempted SEC. 68. Nothing in the two preceding Sections shall be construed
from arrest on to authorize the custody or imprisonment of any female person on
* Yº! P.9 ºs civil process, nor any non-resident for any debt contracted out of the
capias ad satis- * ---~~~ 791 S. D. C. -
faciendum. District. [See § 791, R. S. D. C.)
Sec. 796, R. S. D. C. Ibid. 1 Cranch, C. C., 37, Henry vs. Cornelius; 2 Cranch,
C. C., 524, O’Neil vs. Hogan.
Liability of man- SEC. 69. If any person or persons already committed, rendred, or
º §: charged, or who shall hereafter be committed, or rendred to, or
taking j. charged in the custody of the marshal, * * * for the time being,
or to or in the prison, either in execution, or upon mesne process, or
1 *, *, *, upon any contempt in not performing such order or decree of court,
*i. #'s. and such person or persons shall, at any time after such commit-
6ſ. Gº" " ment, render, charge, or being in execution, and before he, she, or
Kilty's Rep., 245, they shall have made payment or satisfaction to the respective plain-
tiff or plaintiffs, creditor or creditors, or shall have cleared him, her,
or themselves of such contempts, as he, she, or they were, or shall
be charged with at the time of such their commitment, render,
charge, or being in execution, as aforesaid, make any escape from
the custody of the marshal, for the time being, or from the prison,
or shall go at large, at any time after the three and twentieth day
of January, which shall be in the year of Our Lord One thousand.
seven hundred and two, it shall and may be lawful upon oath thereof
in writing, to be made by. One or more credible person or persons,
before any one of the judges of that court where such action was
entred, or judgment and execution were obtained, or where the
party was so committed or charged, as aforesaid, to and for such
judge, before whom such Oath shall be made, as abovesaid, and such
judge is hereby authorized and required, from time to time, to grant
unto any person whatsoever, who shall demand the same, one or
more warrant or warrants under his hand and seal, therein reciting
the action or actions, execution or executions, contempt or con-
tempts, with which such person Or persons so escaping, or going at
large, stood charged, or were committed at the suit of any person or
persons, on whose behalf such warrant or warrants shall be demanded
at the time of such escape, or going at large (which said warrant or
Warrants shall be in force in all places whatsoever), directed to all
narshals [sheriffs, mayors, bailiffs, constables, therein and thereby
commanding them, and every of them, in their respective counties,
Cities, towns, and precincts, to seize and re-take such person or per-
Sons so escaped, or going at large ; and such person or persons so
re-taken upon such warrant forthwith to convey and commit to the
Common gaol of such county where such person or persons so escaped,
Chapter Lv.–PLEADING AND PRACTICE. 455
or going at large, shall be re-taken, there to remain without bail or
mainprize, or being thence upon any account whatsoever delivered
or removed, until he, she, or they shall have made full payment or
satisfaction to the respective plaintiff or plaintiffs, creditor or cred-
itors, in Such action or actions, execution or executions, named, or
until the judgment or judgments, on which such execution or execu-
tions was or were sued out against such person or persons, shall be
reversed or discharged by due course of law, or until judgment in
such action or actions be given for such person or persons so com-
mitted, as aforesaid, or until the said contempt or contempts, for
which such person or persons were or shall be committed, be cleared
and discharged; except such person Or persons be charged with
treason. Or felony, or any other crime, matter, or cause ; and if he
Or she, for any such cause, be removed to any other gaol or prison,
he or she shall be, in the custody of such gaol charged, with all the
clauses with which he or she is or shall be charged in the gaol from
whence he or she shall be removed ; and every officer, as aforesaid,
after delivery of such prisoner so re-taken, together with such war-
rant to the marshal [sheriff], shall take a note in writing from Such
'marshal [sheriff], testifying the receipt of such prisoner, which said
'marshal [sheriff] is hereby required to receive such prisoner and
give such note : And every such marshal [sheriff], as aforesaid, after
the execution of such warrant, shall forthwith make a return thereof
to the court where the action shall be depending, or judgment, Order,
O]” ºtee had or obtained ; which shall be entred and filed upon
I’êCOI’CL. +
SEC. 70. If any such person or persons so re-taken by warrant, as . If retaken,
aforesaid, shall at any time make any escape out of the gaol to which F. i.
he, she, or they shall be so conveyed and committed, as aforesaid, the ...”
Tmarshal [sheriff], in whose custody he, she, or they was or were, shall ſº
be liable to answer for such escape, as in the case of any other escape; A.É § t
any law, usage, or custom to the contrary in any wise notwithstand- 6ſ.”
ing.
SEC. 71. It shall and may be lawful to and for any person Or How bail of per-
persons that are or shall be bail in any suit or action in any court of sons retaken may
record for any such person or persons that shall be re-taken and *. *:
conveyed to such º as aforesaid, by virtue of such warrant, as i.i. º
aforesaid, to have and prosecute, out of such court, where he or they &
are or shall be bail, a writ directed to the marshal [sheriff of the A. : § t
county, to the gaol whereof such prisoner so re-taken shall be com-6ſ.”
mitted and detained, commanding such marshal [sheriff] to detain
and keep such prisoner in custody in discharge of his bail; which
Writ, with an account whether he hath the said prisoner in his
custody, shall be returned by the said marshal [sheriff] into court,
at a day therein to be mentioned, and the delivery of every such writ,
to the marshal [sheriff], or his deputy, shall be deemed and taken
to be an effectual render of such prisoner, to all intents and purposes
Whatsoever, in discharge of the said bail; and that in case such
Sheriff, his deputy, or other his inferior officer, shall thereafter suffer
the person or persons so rendred, in discharge of his, her, or their
bail, to escape, they and every of them so offending shall be liable
to such action and actions, as the marshal or warden of the prison,
is or are liable to, for permitting any person to escape Out of his or
their custody or prison, who was committed to such custody or
prison, upon render, in discharge of his, her, or their bail.
SEC. 72. All and every such marshal [sheriffs, upon, request of . At request of
such person or persons, being bail, as aforesaid, who shall deliver bail office. Shºll
such, writ for keeping and detaining such prisoner, as aforesaid, and ..." iº.
for the usual fees, of returns of actions, shall make, return, and cer- ; }. neg.
tify, under his hand, the receipt of such writ, and the time thereof, iect.
456 CHAPTER Lv.–PLEADING AND PRACTICE.
Ibid., seg. 4., and whether the said person SO re-taken was then in his custody, and
6 * * in default thereof shall, for every such default, neglect, or refusal,
3 * * ~ * forfeit the sum of fifty pounds, to be recovered in any court of
record, by action of debt, bill, plaint, or information: And that
upon producing such return or certificate to the court where such
bail shall be taken, such court shall direct and cause a reddidi se to
be entred upon the bail-piece, which shall be as effectual to all
intents and purposes as if the said bail had then actually rendred
the person of the said defendant to Such court, or before any judge
Or judges of the same. [See § 837, R. S. D. C.] f
º, º: SEC. 73. And for the prevention of disputes touching this act, be it
... º enacted by the authority aforesaid, That the same, and every clause
costs to defenjani and thing therein contained, shall be adjudged and taken to be a
Ibid., sec. 5 general law, and that it shall not be needful to set forth the same in
A.E. §at, pleading, or any part thereof; and that the same, and every clause
648, 649. therein, shall be construed most beneficially for the preventing of
all the mischiefs, abuses, escapes, and other inconveniencies herein
provided against : And further, that if any person Or persons shall
at any time be sued for putting in execution any power or authority
given by this act, such person or persons shall and may plead the
general issue, and give in evidence the special matter, and if the
plaintiff or plaintiffs in such action or actions shall be nonsuit, or
discontinue his, her, or their action or actions, or a verdict shall be
given for the defendant or defendants, or that judgment upon
demurrer shall be given for the defendant or defendants, every such
defendant or defendants shall have his or their treble costs of suit.
Pešºnsººted SEC. 74. All and every person and persons, who from and after
yNº.; i. the five and twentieth day of March, in the year of our Lord one
be jºi... thousand seven hundred and seven, shall be seized or taken by virtue
marshal's liability Or authority of the said act, * shall instead of being committed to the
for their escape, common gaol of the county wherein such person or persons shall be
5 Anne, on 9, taken, be conveyed and committed to the prison or place where the
sec. 1, A.D. 1706. sheriff of such county detains or keeps the debtors Or prisoners for
Alºbrit. Stat., debt or damage, there to remain in the custody of the sheriff of such
º /*R. 247 county, subject to the same rules and directions, and under the same
t P’’” restrictions, regulations and penalties, and in Such manner and form
in all and every respect, as if the said person or persons had been .
committed to the common gaol of the county; and if any person or
persons so taken and committed, as aforesaid, shall at any time make
any escape out of the said prison or place to which he, she, or they
be so committed, as aforesaid, the sheriff in whose custody, he, she,
or they was or wëre, shall be answerable for such escape to the party
grieved, in like manner as in the case of any other escape.
º: SEC. 75. It shall and may be lawful to and for any one of the
..aº. * judges of the respective courts in the said former act mentioned, to
: & grant like warrant and warrants upon oath in writing, to be made
A. '; sº before any person commissionated under the seal of the same court
gº.” to take affidavits in the country, (the same oath being first duly filed)
tº as by the said former act he is impowered to do upon like Oath made
before himself.
Warrant may be SEg, 76. It is and shall be lawful to apprehend and take, upon the
ºuted * * Lord's Day, any person or persons by virtue of any warrant or war-
Y. rants granted in pursuance of this or of the said former act.
Ibid., sec. 3.
Where person SEC. 77. If any person or persons is, are or shall be in custody of
º Yºs...} any sheriff or other officer, either by virtue of the said act, or of
custody for not j * tº gºt •-rri of ~~~~~~ *w- or *
...i.", ... this present act, or otherwise, for not performing any decree of the
cree, the officer is -
liable therefor. * 1 Anne, ch. 6 (secs. 69–73 of this chapter.)
CHAPTER Lv.–PLEADING AND PRACTICE.
457
court of chancery, [or court of exchequer, J whereby any sum or
sums of money is Ordered or decreed to be paid, and shall afterwards
make any escape from the said sheriff or other officer, that then and
in Such case the person and persons, their executors or administra-
tors to whom the money was to be paid by the said decree, shall have
the same remedy against the said sheriff, as if such person or persons
SO escaping had been in custody upon an execution at law, and shall
and may recover the Several sum and sums of money decreed to be
paid to him, her Or them in and by such decree against such sheriff
or other officer, together with his, her or their costs of suit, in any
action or actions of debt, or upon the case to be brought or com-
menced against such sheriff or other officer in any court of record;
any law, usage or custom to the contrary in any wise notwithstand-
IIlg.
SEC. 78. And for the prevention of disputes towching this present
act, be it enacted by the authority aforesaid, That the same and every
clause and thing therein contained, shall be adjudged and taken to
be a general law, and that it shall not be needful to set forth the
Same in pleading, or any part thereof.
SEC. 79. That no retaking on fresh pursuit shall be given in evi-
dence on the trial of any issue in any action of escape against the
said marshal or warden, or their respective deputy or deputies, or
against any other keeper or keepers of any other prison or prisons as
aforesaid, unless the same be specially pleaded, nor shall any special
plea be taken, received, or allowed, unless Oath befirst made in writing
by the marshal orwarden, or their respective deputy or deputies, or by
such other keeper or keepers of any other prison or prisons as afore-
said, against whom such action shall be brought and #. in the proper
office of the respective courts, that the prisoner for whose escape such
action is brought did without his consent, privity, or knowlege make
such escape ; and if such affidavit shall at any times afterwards
appear to be false, and the marshal or warden, or other keeper Or
keepers of any other prison or prisons shall be convicted thereof by
due course of law, such marshal or warden, or other keeper or keep-
ers of any other prison or prisons, shall forfeit the sum of five hun-
dred pounds.
SEC. 80. If at any time any prisoner who is or who shall be com-
mitted in execution to either or any of the said respective prisons,
shall escape from thence by any ways or means howsoever, the cred-
itor or creditors, at whose suit such prisoner was charged in execu-
tion at the time of his escape, shall or may retake such prisoner by
any new capias, or capias ad satisfaciemdwm, or Sue forth any other
kind of execution on the judgment, as if the body of such prisoner
had never been taken in execution.
AIBATEMENT.
SEC. 81. No action, brought or to be brought, in any court of law in
this District [state, J shall abate by the death of either of the parties to
such action, but upon the death of any defendant, in a case where the
action by such death would have abated before this act, the action
shall be continued, and the heir, devisee, executor or administrator,
of the defendant, as the case may require, or other person interested
on the part of the defendant, may appear to such action ; and in case
the action be brought to recover possession of any lands, tenements
or hereditaments, and the proper person to defend doth not appear
at the court at which the death is suggested, the plaintiff may issue
a summon, returnable to the next court, directed to the heir or devisee
of the deceased, or tenant in possession, or other proper person to
defend in such action, as the case may require,' or in case the action
Ibid., Sec. 4, pp.
673,674.
This act general
law and need not
be pleaded.
Ibid., Sec. 5, p.
674.
Evidence in ac-
tions of escape
regulated ; pun-
ishment for false
oath as to retaking
prisoner.
8 and 9 William
III, ch. 27, sec. 6,
A. D. 1697.
Alex. Brit. Stat..
610.
Kilty’s Rep., 244.
Creditor may
retake escaped
prisoner; or have
other execution.
Tbid., sec. 7, p.
610.
No action shall
abate by death of
parties; by whom
may be revived;
when not revived,
etc.
Md. act 1785, ch.
80, sec. 1.
2 Kilty, 59.
1 Dorsey, 229.
6 D. C. Rep., 79,
Roche vs. Carroll;
5 Mackey Rep., 47,
Keyer vs. Fendall;
70 Md. Rep., 319,
458
CHAPTER Lv.–PLEADING AND PRACTICE.
Harvy vs. B. & O.
Ry. -
! 68 Md. Rep., 1
"Tice vs. Shaw.
be brought to recover personal chattels, debt or damages, and the
executor, administrator, or other proper person to defend, doth not
appear to such action at the court at which the death is suggested,
the plaintiff may issue a summon, returnable to the next court,
directed to the executor or administrator of the deceased, or other
proper person to defend Such action, to appear; and upon any sum-
mon, issued as aforesaid, being served, the person or persons sum-
moned shall appear to such, action, either in proper person or by
attorney, and if it shall appear to the court that a summon to appear
and defend, taken out as aforesaid, hath been served upon the proper
person or persons to defend such suit, and that such person or per-
Sons neglect or refuse to appear, the court may and shall issue an
attachment of contempt against Such person or persons, and compel
him, her or them, to appear to such suit; and if any person, being
Summoned as aforesaid, shall refuse or neglect to enter an appearance
to such suit by the fourth day of the court next after the court to
which such defendant may be summoned to appear, then the court
shall and may cause the appearance of such person to be entered to
such action, and there shall therein be the same proceedings as if
such person or persons had voluntarily appeared, and the court may
also fine such person for not appearing a sum not exceeding ten pounds
current money [$26.66%]; and in all cases aforesaid, all proceedings
had before the death of the party shall be considered as proceedings
in the action, and such further proceedings shall be had as may by
the court be judged necessary and proper to bring the cause fairly
to trial; and the court shall have full power and authority, upon just
cause being shewn, to suffer any pleas put in by the deceased to be
withdrawn and other pleas to be put in, and shall have full power
and authority to make, and cause to be executed, such rules and
Orders in the case, and to direct such proceedings therein, as may be
judged proper and necessary to bring the merits of the question
between the parties fairly to trial; and in all such cases the same
judgment shall be given as if the action had been originally com-
menced against the person. Or persons appearing or summoned to
appear as aforesaid, and the costs accruing before the death shall be
taxed as part of the costs in the action : Provided, That no person so
summoned to appear shall be burthened with debt, damages or costs,
further than property or assets have descended or come to his, her
or their hands, from the deceased; and if the person or persons so
summoned shall die before a trial and judgment had in the case, then
there may be similar proceedings to bring the cause to trial and judg-
ment against the person or persons claiming or in possession of the
property for which the action is or may be brought, or representing
the first deceased, and judgment shall be given and costs taxed as
aforesaid, and so toties quoties until a trial and judgment shall be had;
and in case the plaintiff or plaintiffs, in any action aforesaid, shall
die before the same may be tried and judgment given, and such death
would abate the action before this act, the appearance of the heir,
devisee, executor or administrator, as the case may require, or other
proper person to prosecute such suits, shall be admitted to be entered
to the same ; and if the heir, devisee, executor or administrator, as
the case may require, or other proper person to prosecute such action,
do not appear at the court at which the death shall be suggested, then
the defendant or defendants may issue summon, returnable to the
next court, to the heir, devisee, executor or administrator of the
deceased, as the case may require, or other proper person to prosecute
such suit, directed, and upon such summon being served, the person
or persons upon whom served shall appear according to such summon,
and the court shall and may, upon its being made appear to their
Satisfaction that. Such summon was duly served, and that the person
Or persons SO Summoned are the proper person or persons to prosecute
Suchsuit, issue attachmentof contempt to compelan appearance of such
Chapter Lv.–PLEADING AND PRACTICE. 459
/
person Or persons to prosecute such action, and if the person or per-
sons So summoned do not appear to prosecute such action, either in
proper person or by attorney, by the fourth day of the court next
after the court to which such summon may be returned served, judg-
ment of non-suit shall be entered, and such judgment, when entered,
shall be of the same validity, and have every legal consequence, to
all intents, purposes and effects, as if the same had been entered
against the original plaintiff in the case, and the court may fine such
person for not appearing a sum not exceeding ten pounds current
money ; and if the person or persons so summoned to prosecute the
action aforesaid shall appear to such action at any time before judg-
ment of non-Suit entered as aforesaid, all proceedings in the action
had before the death shall be considered as proceedings in the cause,
and such other proceedings shall ºbe had as may by the court be
judged necessary and proper to bring the case fairly to trial; and
the court shall have full power and authority, upon just cause being
shewn, to suffer any proceeding by the plaintiff or the defendant to
be corrected or altered, and also shall have full power and authority
to make, and cause to be executed, such rules and orders in the case,
and to direct such proceedings therein, as may be judged necessary
and proper to bring the merits of the question between the parties
fairly to trial ; and in all such cases such judgment shall be given
as if the action had been originally brought by the plaintiff or plain-
tiffs so appearing, or summoned to appear, as aforesaid, and the
costs accruing before the death shall be taxed as part of the costs in
the action ; and if the person appearing as aforesaid shall die before
trial and judgment had in the case, the heir, devisee, executor or
administrator, Of the person so appearing as aforesaid, or the
executor or administrator of the deceased, as the case may require,
Or other proper person to prosecute such suit, may appear or be
compelled to appear as aforesaid, and there shall be such proceeding,
judgment and costs taxed as aforesaid, and so toties quoties until
there be a trial and judgment had in the case ; and in all cases of
death of the plaintiff, after the appearance of the defendant’s heir,
devisee, executor or administrator, or other proper person to defend
as aforesaid, and all cases of death of the defendant after appearance
of the plaintiff’s heir, devisee, executor, administrator, or other
proper person to prosecute such suit, shall be taken and considered
as within the meaning and provision of this act ; and in case there
be no appearance or proceeding by either party in any case aforesaid
before the tenth day of the second court after the death shall be sug-
gested, then the action shall be struckoff the docket and discontinued.
SEC. 82. In case any action be brought to recover any lands, tene- Infants not.com.
ments or hereditaments, or involve the title thereof, and upon the pººl to reixe
- & tº f tº s ºf f, e & real actions when
death of either plaintiff or defendant as aforesaid the heir or devisee ... f. pe.
of the deceased, or other person interested in such lands, tenements fit.
or hereditaments, be an infant under the age of twenty-one years, -iù ©
and it shall so appear to the court, such action shall not be tried ºf
during such minority, unless the guardian, or next friend of such i Dorsey,332.
infant, satisfy the court that it will be for the benefit of the infant .68 Md. Rep., 1
to have such action tried during such minority, but such action may Tice tº Shaw.
be continued at the instance and request of the surviving party until
such infant arrives to the age of twenty-One years, and then such
proceedings may be had to bring such action to trial and judgment,
according to the nature of the case, as are herein before mentioned,
or such surviving party may order the said action to be entered
abated, if the court are not satisfied as aforesaid that it ought to be
tried during the minority aforesaid.*
* When death of arbitrator or party shall not abate, etc. See Md. act 1785, ch. 80, Sec. 11; 1 Dor-
sey, 233; 2 Kilty, 63. See “Arbitration.”
{ Death of party between verdict and judgment shall not abate action. 17 Charles II, ch. 8. See
“Judgments.” -
Death after interlocutory judgment no abatement. 8 and 9 William III, ch. 11, Sec. 6. See
“Judgments.”
460
CHAPTER Lv.–PLEADING AND PRACTICE.
Where writs, in-
dict ments, etc.,
sh all abate for
want of the de-
fendants’ names.
1 Henry V, ch.
5, Sec. 1, A. D
1413.
Alex. Brit. Stat.,
214, 216.
Rilty’s Rep., 226.
14 Md. Rep., 135,
Ham m on d vs.
State.
When One or
more of several
plaintiffs or de-
fendants die and
cause of a ction
survive to a party
surviving, action
shall not abate.
8 and 9 William
III, ch. 11, sec. 7,
, No abatement in
partition suits.
8 and 9 William
III, ch. 31, sec. 3.
Plea in abate-
ment must be veri-
fied.
4 Anne, ch. 16,
Sec. 11, A. D. 1705.
Alex, Brit. Stat.,
661.
Actions at law,
court may allow
and order amend-
ments, when, how
and conditions of.
Md. act 1785, ch.
80, sec. 4.
2 Kilty, 61.
1 Dorsey, 233.
3 MacArthur
Rep., 503, Strong
'vs. D. C.
A record which
is defective by mis-
prision of a clerk,
shall be amended.
14 Edward III,
ch. 6, sec. 1, A. D
1340.
Alex. Brit. Stat.,
167. Kilty's Rep.,
SEC. 83. That in every orginal writ of actions personals, appeals, and
indictments, and in which the exigent shall be awarded in the names
of the defendants in such writs original, appeals and indictments, ad-
ditions shall be made of their estate or ãº, Or mystery, and of
the towns, or hamlets, or places, and counties, of the which they
were, or be, or in which they be or were conversant; (2) and if by
process upon the said original Writs, appeals, or indictments, in the
which the said additions be omitted, any utlagaries be pronounced,
that they be void, frustrate, and holden for none; (3) and that before
the utlagaries pronounced, the said writs and indictments shall be
abated by the exception of the party, where in the same the said
additions be omitted. (4) Provided always, That though the said
Writs of additions personals be not according to the records and deeds,
by the surplusage of the additions aforesaid, that for that cause they
be not abated; (5) and that the clerks of the chancery, under whose
inames such writs shall go forth written, shall not leave out, or make
Omission of the said additions as is afore said, upon pain to be
punished, and to make a fine [to the king,j by the discretion of the
chancellor. (6) and this Ordinance shall begin to hold place at the
Suit of the party, from the feast of St. Michael next ensuing forward.
SEC. 84. That if there beſtwo or more plaintiffs or defendants, and
One or more of them should die if the cause of such action shall sur-
Vive to the surviving plaintiff or plaintiffs, or against the surviving
defendant or defendants, the writ or action shall not be thereby
abated; but Such death being suggested upon the record, the action
shall proceed at the suit of the surviving plaintiff or plaintiffs against
the Surviving defendant or defendants.
A. D. 1697. Alex. Brit stat, 604. Kilty's Rep., 244.
SEC. 85. That no plea in abatement shall be admitted or received
in any suit for partition, nor shall the same be abated by reason of
the death of any tenant. .
Alex. Brit. Stat., 613. Kilty’s Rep., 244.
SEC. 86. No dilatory plea shall be received in any court of record
unless the party offering such plea, do, by affidavit, prove the truth
thereof, or show some probable matter to the court to induce them.
to believe that the fact of such dilatory plea is true.
AMENDMENT.
SEC. 87. The courts of law shall have full power and authority to
order and allow amendments to be made in all proceedings whatso-
ever before verdict, so as to bring the merits of the question between
the parties fairly to trial ; and if amendment is made after the jury
is sworn, a juror shall be withdrawn ; and in all cases where amend-
ments are made, the adverse party shall have time allowed him, in
the discretion of the court, to prepare to support his case upon the
state of the proceeding so amended, and such costs shall be allowed
the party against whom such amendment may be made as the court
shall think just.* }
SEC. 88. That by the misprision of a clerk in any place wheresoever
it be, no process shall be admulled, or discontinued, by mistaking in
writing one syllable, or one letter too much or too little ; (2) but as
soon as the thing is perceived, by challenge of the party, Or in other
manner, it shall be hastily amended in due form, without giving
advantage to the party that challengeth the same because of such
misprision. [See § 90 of this title.]
35. 117 U. S. Rep., 665, Phillips vs. Negley.
* For amendment of process, see sec. 948, R. S. U. S.; defects of form, amendments, Sec. 954, R. S. U. S.
Chapter Lv.–PLEADING AND PRACTICE. 461
SEC. 89. The records and process of pleas real and personal, and Records shall
of assises of novel disseisim, or mortalancester, and certifications, and not Pºded or
of others, whereof judgment is given and enrolled, or things touch- lºº
ing such plea, shall in no wise be amended nor impaired by new ment ...”
entering of the clerks, or by the record or thing certified in witness –, -
or commandment of any justice, in no term after that such judg- sº º IX. *
ment in such pleas is given and enrolled. 1409.
Alex. Brit. Stat., 211. Kilty's Rep., 52. 104 U. S. Rep., 410, Bronson vs.
Schulten; 117 U. S. Rep., 665, Phillips vs. Negley; 143 U. S. Rep., 293, Michigan
Bank vs. Eldred.
SEC. 90. Whereas it was ordained and stablished in the statute .The justices may
made the fourteenth year of King Edward the third after the con- . defaults in
quest, that for misprision of the clerk in any place wheresoever it be, ºf ††
the process of the plea should not be avoided nor discontinued by given.
mistaking in writing one letter or syllable too much or, too little, •y W
(2) but as soon as the thing is perceived, by challenge of the party, 4 9 º A. º;
or in other manner, it should hastily be amended in a due form, with- 142ſ.
out giving advantage to the party that challengeth the same because Alex. Brit. Stat.
of such misprision ; (3) the King, our sovereign lord, considering the *º- Q Q(,
diversity of opinions which have been upon the said statute, and to Rilty's Rep., 220.
put the thing in more open knowledge, hath declared and Ordained
at this time, by authority of this present Parliament, that the justices
before whom such plea or record is made, or shall be º: a/S “
well by adjournment, as by way of error, or otherwise, shall have
power and authority to amend such record and process, as afore is
said, according to the form of the same statute, as well after judg-
ment in any Such plea, record, Or process given, as before judgment
given in any such plea, record, or process, as long as the same record
and process is before them, in the same manner as the justices had
power to amend such record and process before judgment given by
force of the said statute made in the time of the said King Edward.
- [See § 88 of this title.]
SEC. 91. Whereas at the Parliament holden at Westminster the Justices in cer-
second day of May, the ninth year of the reign of King Henry, tain gases in a y
father of our lord the King that now is, it was rehearsed, how that **
at the Parliament holden at Westminster the XIV year of King 4 Henry VI, ch.
Edward the Third, it was ordained by the authority of the said Par-3, sec. 1, A.
liament, That for misprision of a clerk, in whatsoever place it be, 1. Brit. Št:
no processor plea should be undone nor discontinued by oversight sº".”
in writing a letter or syllable too much or too little; (2) but as soon Riity's Rep., 226.
as the thing were perceived by challenge of the parties, or in other * .
manner, it should be hastily amended in due form, without giving
advantage to the party that challengeth the same because of such
misprision; (3) the said late King Henry, considering the diversi-
ties of opinions which men had upon the said statute, and to put
the thing in more open knowledge, did declare and Ordain by author-
ity of the said Parliament holden the said ninth year, That the
justices before whom such plea or record is made, or shall be depend-
ing, as well by adjournment, as by way of error or otherwise, shall
have power and authority to amend such record and process, as well
after judgment given as before, by force of the said statute made
in the time of the said King Edward, which ordinance should endure
till the next Parliament, which should be first holden after the
return of the said King Henry the father into England from beyond.
the sea, and which now is determined by the death of the said
late King Henry the father; (4) Our sovereign lord, by the advice
and assent aforesaid, hath ordained and established, That the said
statute, and the effect of the same, made the said ninth year,
shall hold strength, force and effect, in every record and process of
the same, as well after judgment given upon a verdict passed, as
upon a matter in law pleaded, as a statute available and effectual
in law to endure forever. [See §§ 88, 90 of this title, made perpetual.]
462 CHAPTER Lv.–PLEADING AND PRACTICE.
Judgments and SEC. 92. That for error assigned, or to be assigned, in any record,
records . * process, or warrant of attorney, original writ or judicial, panel or
...”. # return, in any places of the same rased or interlined, or in any
ºcess, etc., addition, subtraction, or diminution of words, letters, titles, or par-
erased or inter- cel of letters found in any such record, process, warrant of attorney,
lined. Writ, pallel, or return, which rasings, interlinings, addition, sub-
silenry VI, ch. traction, or diminution, at the discretion of the [King's] judges of the
12, sec. 1, A. D. courts and places, in which the said records or process by writ of
1429. it stat. º.º. otherwise, be certified, do º Suspected, no judgment
sº * nor record shall be reversed nor annulled.
Kilty's Rep., 227.
What defects in SEC. 93. The [King's] judges of the courts and places in which
records may not any record, process, word, plea, warrant of attorney, writ, panel, or
peºmended; cler return, which for the time shall be, shall have power to examine
**P* such records, process, words, pleas, warrants of attorney, writs,
Ibid., sec. 2. panels, or return, by them and their clerks, and to reform and
4 Hºnd, McH; amend (in affirmance of the judgments of such records and proc-
.*.* * esses) all that which to them in their discretion seemeth to be mis-
iº e prision of the clerks in such record, processes, word, plea, warrant of
attorney, writ, panel, and return ; (2) except appeals, indictments
of treason and of felonies, and the Outlawries of the same, and the
Substance of the proper names, surnames, and additions left out in
original writs and writs of exigent, according to the statute another
time made the first year of King Henry, father to our lord the King
that now is, and in other writs containing proclamation; (3) So that
by such misprision of the clerk no judgment shall be reversed nor
admulled. (4) And if any record, process, writ, warrant of attorney,
return, or panel be certified defective, otherwise than according to
the writing which thereof remaineth in the treasury, courts, or
places from whence they be certified, the parties in affirmance of the
, judgments of Such record and process shall have advantage to alledge,
that the same writing is variant from the said certificate, and that
found and certified, the same variance shall be by the said judges
reformed and amended according to the first writing.
Recordexempli- SEC. 94. If any such record, process, Writ, or warrant of attorney,
fied, etc., when panel, or return, or parcel of the same, be now, or hereafter shall be
not to be reversed exemplified in the King's chancery under the great seal, and such
Ibid., sec. 4. exemplification there of record inrolled without any rasing in the
same place in the exemplification and the inrollment of the same,
that another time for any error assigned, or to be assigned in the
said record, process, writ, warrant of attorney, panel, or return, in
any letter, word, clause, or matter of the same varying, or contrary
to the said exemplification and the inrollment, there shall be no
judgment of the said records and process reversed nor admulled.
The justicesmay. SEC.,95. The justices, before whom any misprision or default is
in certain cases or shall be found, be it in any records and processes which now be,
amend defaults in or shall be depending before them, as well by way of error as other-
records. wise, or in the returns of the same, made or to be made by sheriffs,
8 Henry VI, ch, coroners, bailifs of franchises, or any other, by misprision of the
15, sec, i, A. D. clerks of any of the said courts or by misprision of the sheriffs,
14% is... s. under-Sheriffs, coroners, their clerks, or other officers clerks, or other
2Alex Brit. Stat., ministers whatsoever, in writing one letter or one syllable too much
filty's Rep.,227. Or too little, shall have power to amend such defaults and misprisions
- according to their discretion, and by examination thereof by the said
justices to be taken where they shall think needful.
. After demurrer SEC. 96. Forasmuch as,excessive charges and expences, and great
º, jº delay and hindrance of justice hath grown in actions and suits
..ou.e. between the subjects of this realm, by reason that upon, some small
defects, etc. mistaking, or want of form in pleading, judgments are often reversed .
CHAPTER LV.-PLEADING AND PRACTICE.
463
by writs of error, and oftentimes upon demurrers in law, given
otherwise than the matter in law and very right of the cause doth
require, whereby the parties are constrained either utterly to lose
their right, or else after long time and great trouble and expences,
to renew again their suits; (2) for remedy thereof :
Beit emacted by the Queen’s most eaccellent majesty, the lords Spiritual
and temporal, and the commons in this present Parliament assembled,
and by the authority of the same, That from henceforth, after demurrer
joined and entred in any action Or suit in any court of record within
this realm, the judges shall proceed and give judgment according as
the very right of the cause and matter in law shall appear unto
them, without regarding any imperfection, defect or want of form
in any writ, return, plaint, declaration, or other pleading, process or
course of proceeding whatsoever, except those only which the party
demurring shall specially and particularly set down and express
together with his demurrer; (3) and that no judgment to be given
shall be reversed by any writ of error, for any such imperfection,
defect, or want of form, as is aforesaid, except such only as is before
excepted. - -
SEC. 97. That after demurrers joined and entred, the court where
the same shall be, shall and may by virtue of this act from time to time
amend all and every such imperfections, defects, and wants of form,
as is beforementioned, other than those only which the party demur-
ring shall specially and particularly express and set down together
with his demurrer, as is aforesaid.
SEC. 98. Provided always, and be it further emacted by the awthornty
aforesaid, That this act, or anything therein contained, shall not
extend to any writ, declaration, or suit of appeal of felony or mur-
der, (2) nor to any indictment or presentment of felony, murder,
treason, or other matter, nor to any process upon any of them, (3)
nor to any Writ, bill, action, Or information upon any popular or
penal statute ; anything aforesaid to the contrary notwithstanding.
This act eactended to wrºts of mandamºws, &c., by 9 Ammae, ch. 20,
Sec. 7. [See §§ 1025, 1026, R. S. U. S.]
SEC. 99. Whereas great delay of justice hath of late years been
occasioned by defective writs of error, which, as the law now stands,
are not amendable: For remedy thereof: -
Be it enacted [by the King’s most eaccellent majesty, by and with the
advice and consent of the lords Spiritual and temporal, and commons
im, this present Parliament assembled, and by the awthority of the
same, That all writs of error, wherein there shall be any variance
from the original record, or other defect, may and shall be amended
and made agreeable to such record, by the respective courts where
such writ or writs of error shall be made returnable; and that where
any verdict hath been or shall be given in any action, suit, bill,
plaint, or demand, in any [of his majesty’s courts of record at West-
minster, or in any other] court of record [within England or Wales,)
the judgment thereupon shall not be stayed or reversed for any
defect or fault, either in form or substance, in any bill, writ, original
or judicial, or for any variance in such writs from the declaration
or other proceedings.
SEC. 100. Provided nevertheless, That nothing in this act contained
shall extend, or be construed to extend, to any appeal of felony or
murder, or to any process upon any indictment, presentment, or
information, of or for any offence or misdemeanor whatsoever.
27 Elizabeth, ch.
5, Sec. 1, A. D.
1585.
Alex. Brit. Stat.,
420, 421.
Kilty’s Rep.,235.
Amendments in
form after de-
murrer joined.
Ibid., sec. 2.
Exception as to
certain felonies
and penal actions.
Ibid., sec. 3.
Amendment of
writs of error; and
for the furthur
preventing the ar-
resting or revers-
ing of judgments
after verdict.
5 George I, ch.
13, sec. 1, A. D.
1718.
Alex. Brit. Stat.,
697. -
Rilty's Rep., 268.
Proviso as to ex-
ceptions to pre-
vious section.
Ibid., sec. 2.
464 CHAPTER LV.—PLEADING AND PRACTICE.
ATTACHMENT.
Writs of attach- SEC. 101. Writs of attachment and garnishment shall be issued
ment and gº. by the clerk without any authority or warrant from any judge or
º * * justice, whenever the plaintiff, his agent or attorney, shall file in
tº the clerk’s office, whether at the commencement or during the pend-
Sec. 783, R. S. ency of the suit, an affidavit, supported by the testimony of one or
Pº - more witnesses, showing the grounds upon which he bases his affi-
une, 1866, ch. º * ë. * f tº !-- ~4- ~~~ i l-
103, sec. 1. davit, and also setting forth that the plaintiff has a just right to
14 Stat., 54. recover against the defendant what he claims in the declaration,
22 Wash. Law and also stating either, first, that the defendant is a non-resident of
ºpe 33, *. the District; or, second, that the defendant evades the service of
§ .*. A: ordinary process by concealing himself or by withdrawing from the
and M. Rep. 88, District temporarily; Or, third, that he has removed or is about to
Newman vs. Hex- remove some of his property from the District, so as to defeat just
tº 1, ºthºr demands against him; and shall also file his (the plaintiff's) under-
; º *P.... taking, with sufficient surety, to be approved by the clerk, to make
tº Rep. ... for good all costs and damages which the defendant may sustain by
tier vs. Taylor; 3 reason of the wrongful suing Out of the attachment.”
MacArthur Rep., [See §§ 781, 912, R. S. D. C.]
73, U. S. vs. Ottman ; 3 MacArthur Rep., 77, Brown vs. Finley; 2 Mackey Rep., 408,
U. S. vs. Howgate; 3 Mackey Rep., 220, Webster vs. Harkness; 4 Mackey Rep., 63,
Barnard vs. Life Ins. Co.; 6 Mackey Rep., 221, Wallace vs. Maroney; 7 Mackey Rep.,
348, Duncauson vs. Bank; 8 Wheaton Rep., 217, Goldsborough vs. Orr; 73 Md. Rep.,
312, Summers vs. Oberndorf. -
How writs of at- SEC. 102. If the defendant, his agent or attorney, shall file an affi-
º * * davit traversing the plaintiff's affidavit, the court shall determine
guasnea. whether the facts set forth in the plaintiff’s affidavit are true, and
Sec. 783, R. S. whether there was just ground for issuing the writ of attachment;
§ Wash. Law and if the facts do not sustain the affidavit, the court shall quash
Rep., 35, Robinson the writ of attachment or garnishment; and this issue may be tried
vs. Morrison. by a judge at chambers on three days’ notice. .
Discharge of at- SEC. 103. The thing attached shall not be discharged from the cus-
tached property. , tody of the officer seizing it until the defendant shai deliver, either
Sec. 784, R. S. to the officer or to the clerk, to be filed in the cause, his undertaking,
. C. with sufficient surety, to satisfy and pay the final judgment of the
court against him.
Sale of attached SEC. 104. If the defendant fail to execute such undertaking, the
property. court may sell the thing attached whenever it is satisfied that it is
pº 785, R. S. in the interest of the parties it should be sold before final judgment.
Final judgment. SEC. 105. In case the defendant be found liable to the plaintiff’s
sec. 786, R. s. claim, in whole or in part, the final judgment shall be that the plain-
tº ºsº º - tiff recover against the defendant and his sureties.
Justices shall, SEC. 106. No attachment shall issue out of any court of this Dis-
º: º: trict ſº before a writ or summons be first made out, upon
*a": º, which writ, if the party defendant be an inhabitant, or resident
77.0m est. within this District [province, and the marshal [sheriff] shall return
Md. actiºns.on. “” est inventus, one other writ or summons shall thereupon, in
40,sec. 3. * **** OOla,]]]].GI’ aforesaid, issue forth against the said defendant; and if the
Tijórsey, 21, 22. Tharshal [sheriff] shall, upon the second writ or summons, return a
1 Kilty, 124. Tom est inventus likewise, an attachment shall and may, in manner .
3 Gill Rep., 318, and form hereafter set down, be awarded. [See § 101 of this title.]
Barr vs. Perry; 6 + -
j. and John. Rep., 198, Barney vs. Patterson; 1 Cranch, Ct. Rep., 38, Camilloz vs.
OIlln S. -
*The attachment first served on garnishee bas priority, 2 Cranch, Ct. Rep., 188, McCobb vs. Tyler.
Marshal's duty where several attachments. 2 Cranch, Ct. Rep., 200, English vs. Tyler; 124 U. S.
Rep., 131, Gumbel vs. Pitkin,
CHAPTER Lv.–PLEADING AND PRACTICE. . 465
SEC. 107. In case any writ or summons shall issue forth of any , Justices may or-
[his majesty's] courts within this District [province, I against any #. attachment
person or persons absent out of this District ſprovince, in such case, ...' ..."...i.
upon the return of a non est inventus by the marshal [sheriff] on absent âté.
such writ or summons, and the party plaintiff his leaving with the proceedings regu:
attorney of such absent defendant (if he hath left any attorney) a lated.
copy of his declaration, or short note, expressing the cause of action, Ibid., sec. 3.
or if he hath left no attorney, then the plaintiff leaving a copy of 1 Cranch, Ct.
the said declaration or short note, expressing the true cause of action, Rep., 319, Steph-
at the house where the said defendant absent did last reside or dwell, ...”s a º º
and making such proof of his action as the said respective courts ºf e...”.
shall think fit, it shall and may be lawful for the justices of the said summerville; 5,
courts to award an attachment against the goods, chattels and credits Md. Rep., 228,
of the said absent defendant, so as aforesaid prosecuted, and not Savin vs. Moore.
appearing to the Said action, which are or shall be in the hands and
possessions of any person or persons whatsoever, yea, even in the
plaintiff’s own hands, for the defendant’s use, in this District [prov-
ince,) in which said attachment there shall be a clause, commanding
the marshal [sheriff of the respective counties, j at the time of the
executing the said attachments, to make known to each person or
persons in whose hands or possessions the said goods, chattels and
credits so attached are, if to him or them it shall seem meet, to be
and appear, on the return of such attachments, before the justices of
the respective courts Out of which such attachments are issued, to
shew cause why such goods, chattels or credits, so attached as afore-
said, should not be condemned, and execution thereof had and made,
as in other cases of recoveries and judgments given in courts of
record; at which day of return of the said attachment, if the said
defendant shall not then appear, nor the garnishee, in whose hands
the aforesaid goods, chattels and credits of the defendant were
attached, to shew cause to the contrary, the respective courts shall
and may condemn the said goods, chattels and credits so as afore-
said attached, and award execution thereof to be had and made by
|capias ad satisfaciendum, fieri facias, or otherwise, as in other
judgments, he, the said plaintiff, so prosecuting as aforesaid, giving
good and sufficient security before the justices of each respective
court, to and for the use of the said defendant, so as aforesaid being
not found within this District [province, to make restitution of the
said goods, chattels Or credits, SO as aforesaid condemned, or the
value thereof, if the defendant so as aforesaid prosecuted shall, at
any time within one year and a day, to be accounted from the said
attachment awarded, come in, and either in person or by attorney
appear to the said original action, and make it appear that the said
plaintiff hath been and is satisfied and paid the debt or demand in
the said action, or shall otherwise in court discount or bar the said
plaintiff of the same, or any part thereof; which said condemnation
and execution of the said goods, chattels or credits, of the said
defendant, in the hands of garnishee or garnishees as aforesaid had
and made, shall be sufficient and pleadable in bar, by the said gar-
nishee or garnishees, in any action brought against him or them
by the said defendant for the same.*
SEC. 108. That no marshal [sheriff] shall levy, by way of execu- No attachment
tion as aforesaid, against the said garnishee or garnishees, any more against ganishee
than the plaintiff's debt and cost, nor against any garnishee or gar-ºº! P'º.
g { } & tº ſº e ge {º - tiff’s debt
nishees than what the said plaintiff in the said action shall make j
º to the said respective courts to be of the said goods, chattels e
C Ibid., Sec. 4.
and credits of the said defendant in each respective garnishee or
and
*Portions of the foregoing section modified. See secs. 787,788,789, “Publication” when substituted
for personal service. - --
30 C S
466 ~. CHAPTER Lv.–PLEADING AND PRACTICE.
garnishees’ hands, together with Such costs only as the garnishee or
garnishees shall put the plaintiff to, by denying him or themselves
to be indebted to such defendant, and contesting the same.
When absent SEC. 109. Such as shall be found by positive proof, or other cir-
defendants shall cumstances, wilfully to absent themselves, or abscond in the woods
#: no # º: or elsewhere from the marshal’s [sheriff's] sight, whereby they can-
Interpretation not be found to be brought to trial, and such also as shall be absent
his law. * tº ſº º tº "º", º f tº *
LIllS ºw by flight or proscription out of this District [province, to be averred
Ibid., sec. 6. upon oath, shall have no benefit of any favourable interpretation of
this law.
After judgment, SEC. 110. Any person or persons having obtained a judgment in
attachment may any court of this District [province, or that shall hereafter obtain
...”. *... any judgment in any court of this District [province, against any
stead of execu- 5 persons, it shall and be lawful to and for the said
tion; proceedings person, 91 persons, it shall and may be lawful tº and for the sal
thereon. plaintiff in the said judgment, at his will and pleasure, instead of
Ibid 7 any other execution, without those previous requisites as above in
j," cit this act prescribed and directed, to take out an attachment against
5 Cranch, Ct. † 5 g ſº .*::s:
Rep., 517, Allen the goods, chattels and credits of the said defendant in the said judg-
vs. Croghan ; 3 ment, in the said plaintiff's own hands, or in the hands of any other
#ar, and McH. person or persons whatsoever ; which said attachment shall likewise
*.*, *P, have the clause aforesaid, commanding the marshal [sheriff of the
'bell vs. Morris; 1 id Int;V t h it. s ll dir S l he ti &
fia..” and “Mr. H. said county] to whom it shall be directed, at the time of executing
Rep., 407, Waters the said attachment, “to make known to such person or persons in
48. Caton, 2 Gill whose hands or possession the said goods, chattels and credits of the
º, *: absent defendant shall be attached, that he or they be and appear -
#.”a.”...in at the respective courts at the day of the return of the said attach-
Rep., 4, Harder vs. ment, to shew cause, (if they have any,) why the Said goods, chat-
Moores; 10 Md. tels and credits, so as above said in their hands attached, should not
Rep., 185, Rºbertº be condemned, and execution thereof had and made, as in other
Son vs. Beall; 37 2. - * tº & º e re : . •, I - 22
f cases of recoveries and judgments given in courts of record ; ” at
*...*, r**, which day of the retum of the said attachment, if the said defend
johnson. Léº which day of the return of the said attachment, if the said defendant
mon; 47Md. Rep., shall not then appear, nor the said garnishee in whose hands the said
313, Cole vs. Flit- goods, chattels and credits of the said defendant were attached, to
iºn *ś; shew sufficient cause to the contrary, the said respective courts shall
(US Pºi. ; and may condemn the said goods, chattels and credits aforesaid, so
Mä. Rep., 312, as aforesaid attached, and award execution, thereof to be had and
Summers vs. made, either by [capias ad satisfaciendum, fieri facias, or other-
Oberndorf. wise, as the said, plaintiff might have had against the defendant
himself on the judgment aforesaid ; which said condemnation and
execution of such goods, chattels and credits of the said garnishee as
aforesaid, had and made, shall be sufficient and pleadable in bar by
the said garnishee or garnishees in any action against him or them
by the said defendant for the same.*
Attachment al. SEC. 111. In case any person of full age, residing out of this Dis-
| 㺠*:* trict [state] is or shall be entitled to any lands or tenements lying
... h. ... in this District [state] by hereditary descent, or by devise, and the
of ancestor. berson from whom such lands descended, or by whom the same were
Md. act Tºſch. evised, was in his life-time indebted to any person or persons what-
soever, it shall and may be lawful for the court in which any suit
54, Sec. 7. º º e º tº e
2 Kilty, 505. against such heir or heirs at law, or devisee, may be instituted, to
1 Dorsey, 312, award attachment against the lands and tenements of such heir or
313. heirs, devisee or devisees, holden by descent or device from the per-
son or persons so indebted, in the same manner as attachments are
prosecuted against other persons residing out of the District [state,
any act of assembly to the contrary notwithstanding.
* Equitable interest in lands not attachable, 3 Cranch, Ct. Rep., 331, Sawyer vs. Morte.
CHAPTER Lv.–PLEADING AND PRACTICE. 4.67
SEC. 112. That if any person whatsoever, not being a citizen of Judge m a y
this, District [state, and not residing therein, shall or may be ...”.
indebted unto a citizen of this District [state, or of any other of the . . .
|United States, or if any citizen of this District º | being ing debtors.
indebted unto another citizen thereof, shall actually run away, Md. act 1
abscond or fly from justice, or secretly remove him or herself from 56*.* 795, ch.
his or her place of abode, with intent to evade the payment of his or ºffity, 555.
her just debts, such creditor may, in either case, make application 1 Dorsey, 320,
to any judge of the general court, [justice of the county court, or *}, , ,
justice of the peace;] and on the oath or affirmation of such creditor, R d §. *
made before any judge of the general court, [justice of the county .*. ă.
court, or justice of the peace, of this District [state, ] or before any ibid., p. 319, Birch
judge of any other of the United States, that the said debtor is bona ºs. Butler; 8
fide indebted to him or her in the sum of —, over and above all §, Rep †
discounts, and at the same time producing the bond or bonds, bill or . %. . ºº
bills, protested bill or bills of exchange, promissory note or notes, or R. 503, Heard vs.
other instrument or instruments of writing, account or accounts, by Stone; 19 Md.
which the said debtor is so indebted, and also, (in the case of the Reº Risewick
debtor not being a citizen of this state) on the oath or affirmation **
of the said creditor made as aforesaid, that he or she doth know, or
is credibly informed and verily believes, that the said debtor is not a
citizen of this District [state, and that he or she doth not reside
therein, and also, (in the case of the debtor being a citizen of this
District [state, J on the oath or affirmation of the said creditor made
as aforesaid, that he or she doth know, or is credibly informed and
verily believes, that the said debtor is actually run away or fled from
justice, or removed from his or her place of abode, with intent to
injure and defraud his or her creditor or creditors, the said judge of
the general court, [justice of the county court, or justice of the
peace,) shall be and he is hereby fully authorized and required forth-
with to issue his warrant to the clerk of the general [or of the county]
court, as the case may require, to issue an attachment Or attachments
against the lands, tenements, goods, Chattels and credits, of the said
debtor ; upon the receipt of which warrant, together with the proofs
on which the same was granted, and not otherwise, the clerk of the
general ſor of the county] court, (as the case may require,) shall
issue such attachment or attachments, in which there shall be the
same clause of scire facias as by the act to which this is a supplement
is directed to be inserted in attachments awarded by either of the said
courts, and the like process and proceedings shall and may be had
thereon as are required and prescribed by the said act upon attach-
ments awarded as aforesaid. [See § 101 of the title.)
SEC. 113. The Oath or affirmation of such creditor, made as afore- whereoath made
said before a judge of any other of the United States, shall not be before nonresi-
good and sufficient evidence, unless there be thereto annexed a cer- denºjudge, clerk's
tificate of the clerk of the court of which he is a judge, or certifi- ºtheate IleCeS-
cate of the governor, chief magistrate or notary public, of such y.
state, that the said judge hath authority to administer such oath or Ibid., Sec. 3.
affirmation. -
SEC., 114. To every attachment issued in pursuance of this act, the º
garnishee may plead in behalf of the defendant such plea or pleas as "...º.e.
the said defendant might or could do if he had been taken by the ant.
marshal [sheriff] under the writ of capias ad respondemdum issued
º , , , * • Al º :k
as aforesaid and had accordingly appeared to the same. Ibid., sec. 4.
3 Gill Rep., 313, Barr vs. Perry; 2 Md. Rep., 334, Lambden vs. Bowie; 19 Md. Rep.,
82, Risewick vs. Davis; 23 Md. Rep., 418, Spear vs. Griffin.
SEC. 115. In all cases of attachments, it shall and may be lawful ...ºnishes e.
for the plaintiff to exhibit interrogatories, in writing, to the garni- §. ..";
shee aforesaid, who shall, by rule of court, answer each and every he j judg:
ment and execu-
* Garnishee when entitled to compensation 5 Cranch, Ct. Rep., 551. Noyes vs. Brent. tion allowed.
468 CHAPTER Lv.–PLEADING AND PRACTICE.
Ibid., sec. 5. of the interrogatories aforesaid, touching or concerning the property
pº ..º.º. of the defendantin his possession or charge, or by him due Growing,
amanºia. Rºº, at the time of serving of such writ of attachment, or at any other
195, Boyd vs. Canai time, and if such garnishee shall neglect or refuse so to do, the court
Co.; 63 Md. Rep., are hereby directed to adjudge that such garnishee hath in his pos-
{º * B. & session property of the defendant, or is indebted to such defendant,
. IVY. UO. to an amount and value sufficient to pay the debt, damages and inter-
est, of Said plaintiff, and costs, and execution shall issue as in other
cases of condemnation in the hands of garnishees. -
CONTINU ANCE.
Where new SEC. 116. In all actions where, by the death of the plaintiff or
º:"... defendant, new parties are made or to be made to such actions, the
may be granted. said courts respectively shall have a discretionary power to continue
... such actions as long as they shall think necessary for the due admin-
9 * * 1787, ºn istration of justice, not exceeding the end of the third court after
"g Kiity, 131. the appearance court of such new party, unless evidence, or testi-
i ijse. 247, mony or plots be wanting, as herein before provided.
248.
Continuance dis- SEC. 117. In any case where a verdict shall be set aside and a new
cretionary, where trial granted, and also in any case where commission shall issue for
...i.... taking the depositions of witnesses residing or living Out of this Dis-
..j trict [state, the said courts respectively shall have a discretionary
issued to take power to continue such cause for so long a time as they shall judge
testimony, mecessary, not exceeding four courts after the usual time of continu-
Ibid., Sec. 5. ance limited by law, and on such terms as they may think just and
2 Kilty, 130. reasonable.*
1 Dorsey, 247.
Continuances SEC. 118. In any action of trespass or ejectment, if plots returned
granted w º: in any cause are defective, or if plots are not returned from the neg-
º: lect of the surveyor, or if he is prevented by sickness, or other acci-
etc. * dent, from returning the same, and the said courts shall think a con-
e tinuance of such cause necessary for the trial of the merits between
*** the parties, they may continue such cause for such time as they shall
judge necessary, not exceeding three courts after the usual time of
continuance limited by law, and on such terms as they may think
just and reasonable; and if plots are not returned from the neglect
of any surveyor, the court may Order him to pay the costs of the
term, and they may impose on him. Such fine as the circumstances of
his neglect may require. -
Party seeking , SEC. 119. And, to enable the said courts respectively to guard as
çontinuance may far as possible against the continuance of any cause for delay Only:
§ *...* * Be it enacted, "That they may examine into the nature of the action,
e COUlrt. e
and the ground or cause of delay, and also into the proof alleged to
Ibid., sec. 3 be material, competent and proper, in such suit, and really wanting
from the trial of the merits $ºn the parties; and the said courts
respectively may also examine the party applying for a continuance
On oath, or affirmation, as to any fact he shall allege that he expects
to prove by the evidence or testimony declared to be wanting.
Continuance to SEC. 120. No action shall be continued beyond the time limited by
procure testimony law on the suggestion that evidence is wanting from some other of
9 *W* the United States, or from beyond sea, but the general court, and
Ibid., sec. 2. any county court, may, in their discretion, continue any action de-
3 Md. Rep. , 61, pending in their respective courts, on its appearing to their full Sat-
Bryan.*99"Way isfaction, by the oath or affirmation of the party, or some other
* By 1794, ch. 6, where commissions issue to parts without the United States, the cause may be con-
tinued, (for want of the return thereof,) as long as the court, under all circumstances, shall, in their
discretion, think reasonable.
#The question of continuance is a matter of Sound discretion, 146 U. S. Rep., 629, Means vs. Bank,
CHAPTER Lv.–PLEADING AND PRACTICE. 469
º
credible person, in writing, that a witness, (who shall be named,)
or testimony material, competent and proper in such suit, is really
wanting from some other .# the t; States, or from beyond sea,
and that the party alleging the same to be wanting, or his attorney
or agent, hath used his proper and reasonable endeavours to procure
the same, and that the party, or such other credible person, verily
believes that the cause cannot be tried with justice to the party
without such evidence or testimony, and that he has a reasonable
‘expectation and belief than the same can be thereafter procured in
some reasonable time, of which time the said courts shall determine,
unless the court, on examination of the party or parties shall be of
Opinion that the fact to be proved by such testimony is immaterial,
or the adverse party will admit the truth of such allegation or fact
thought material, or necessary to be proved, in either of which cases
the trial shall proceed, or the cause be discontinued with costs to the
party requiring no delay.
SEC. 121. All actions [now depending in any of the courts of law Actions at law
within this province, as well as all other actions to be commenced, may be continued
may be continued to the end of the fourth court, after the appear tº term; at dis-
ance court, in any of the courts aforesaid, and no longer, (except in 㺠...;
causes where evidences are wanted from beyond Sea,) which is continuanjj.
left to the discretion of the court where such case shall happen; and liability of attor!
that it shall and may be lawful for the several courts afore-men- neys for neglect to
tioned, upon the discontinuance of any action or actions aforesaid, Pºute excep-
(if by the act or default of the plaintiff,) to award him to pay thé tº
costs, but if by the act or default of the defendant, then to give , Md. act 1721, ch.
judgment for the plaintiff, and if through the default of any attor- 14, º: 56, 57
neys neglecting their duty in bringing causes to a decision within i #jºić. { .
the time limited by this act, in all and every such case, every at- 3 Mā. Rep. 61,
torney so neglecting his duty to the prejudice of his or their client, Bryan vs. Conway.
shall, for every such neglect in the provincial court, forfeit the sum
of five thousand pounds of tobacco, and for every neglect in the
county court, the sum of two thousand pounds of tobacco, and all
costs of suit accrued on any action discontinued by default of such
attorney, one-half of the aforesaid fines to the party grieved, the
other half to his lordship the lord proprietary, to be appropriated to
and for the use and benefit of a public or free School of the county
where such fines arise, to be recovered (in his lordship's name) in
any of the courts of record within this province, by action of debt,
bill, plaint or information, wherein no ession, protection or wager
of law to be allowed, and but one imparlance ; Provided, That the
time of continuance of any such suits in the courts of law, by in-
junction in chancery, or by allowing infants the benefit of the parole
demur, be not accounted as part of the time of limitations aforesaid.
SEC. 122. In any case where the attendance of a witness residing Continuance
within this state to a material fact cannot be procured, the j where a witness
courts respectively may continue such cause as long as they may . i. be pro- .
think proper, if the adverse party will not admit the facts, or consent * *
to the taking the deposition of such witness on interrogatories before , Md. agt 1787, ch.
Some justice of the peace where such witness resides. 9, Sec. 8.
e 1 Dorsey, 248.
SEC. 123. On a special verdict, or case stated, the said courts Continuance on
respectively shall not continue any cause on a curia advisare vult .. lºgic
longer than to the end of the third court after verdict taken, or case 9 °F"
stated. Ibid., sec. 9.
1 Dorsey, 248.
SEC. 124. In all cases where commissions have been or shall be ...”. be
hereafter issued to obtain testimony in any cause, which commission continued, for re-
ë & gº te e turn of testimony
is or shall be issued to parts without the United States of America, .o.º.
issued.
470 CHAPTER Lv.–PLEADING AND PRACTICE.
Md. act 1794, ch, the cause on which such commission is or shall be issued may be
9) º - º e
6, *...,reev, 304 continued for want of the return of such commission as long as the
2 #º. court, under all circumstances, shall in their discretion think reason-
able, any thing in the aforesaid act to the contrary notwithstanding.
. How long ac- SEC. 125. No action, [to be commenced in any county court
#. shall con appointed in virtue of this act, shall continue longer than the end
1Ill Le . of the first court after the imparlance court, unless by consent of
Md. act 1796, ch. the parties, at the discretion of the court, or such cause as the law
43, sec. 11. may allow for the continuance of suits beyond the timelimitted shall
*** appear to the satisfaction of the court.
99ntiºn & SEC. 126. In any case where a judgment shall be set aside for fraud,
i i. jº deceit, surprise or irregularity, in obtaining the same, the said courts
etc. ’ respectively may direct the continuances to be entered from the
court when such judgment was obtained, until the court such judg-
o: * 1787, ch, ment shall be set aside, and may also continue such cause for so
'i poſsey, 247. long a time as they shall judge necessary for the trial of the merits
between the parties, not exceeding two courts after such cause hath
been reinstated, unless evidence, or testimony or plots bé wanting,
as herein before provided, in which case the cause may still be con-
tinued, but under the limitations herein before made and provided.
REPLEVIN.
Replewing form SEC. 127. The declaration in replevin shall be in the following or
** equivalent form: “The plaintiff'sues the defendant for (wrongly
Sec. 814, R. S. taking and detaining) (unjustly detaining) his, said plaintiff’s, goods
D. C. rºy and chattels, to wit: (describe them) of the value of $ And
6 * **ś the plaintiff claims that the same be taken from the defendant and
34, sec. 13, 14 Stat., • -- * e & . e
404. delivered to him ; Or, if they ore eloigned, that he may have judg-
- ment of their said value, and all mesme profits and damages which he
estimates at $–, besides costs.”
Plaintiff's affi- SEC. 128. At the time of filing the declaration in replevin, the
davit, to state plaintiff, his agent or attorney, shall file an affidavit, sworn to before
what. the clerk, stating—
Sec. 815, R. S. First. That, according to affiant's information and belief, the
D. C. plaintiff is entitled to recover possession of chattels proposed to be
º c. Rep., replevied, being the same described in the declaration;
273, Seliing #. Second. That the defendant has seized and detains, or detains the
Kimmell. Sal Olé . .
Third. That said chattels were not Subject to such seizure or deten-
tion, and were not taken upon any writ of replevin.
Plaintiff to give SEC. 129. The plaintiff shall, at the same time, enter into an under-
security. taking with Surety, approved by the clerk, to abide by and perform
Sec. 816, R. S. the judgment of the court in the premises.
1). C. Ibid., p. 405. -
Officer's return; , SEC. 130. If the officer's return of the writ of replevin be, that he
proceedings. has served the defendant with copies of the declaration, notice to
Sec. 817, R. S. plead and Summons, but that he could not get possession of the goods
...C. and chattels sued for, the plaintiff may prosecute the action for the
* * * value of the same and damages for detention; or he may renew the
Writ in order to get possession of the goods and chattels themselves.
when defendant SEC. 131. If the officer's return be, that he has taken possession of
º not º º 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
* When demand unnecessary in order to maintain replevin. Sanders & Stayman vs. Wilson, 8
Mackey Rep., 555.
CHAPTER Lv.–PLEADING AND PRACTICE. 471
by some fixed day; and of this order the plaintiff shall cause notice . Sec. 818, R. S.
to be given by publication in some newspaper of the District at least P.d
three times, the first of which shall be at least twenty days before 1C1.
the day fixed for the defendant’s appearance. S.
SEC. 132. If the defendant fails to appear, the court may proceed , Proceedings in
as in case of default after personal service. ; after pub-
Sec. 819, R. S. D. C. Ibid.
SEC. 133. If the defendant appear, he may plead not guilty, in , Appearance of
which case all special matters of defense may be given in evidence, defendant; plea.
or he may plead Specially. Sec. 820, R. S
D. C. Ibid., sec. 15.
SEC. 134. Whether the defendant plead, and the issue thereon joined Plaintiff's dam-
is found against him; or his plea is held bad on demurrer; or he make *šēs.
default after personal Service, or after publication, the plaintiff’s Sec. 821 R. S.
damages shall be ascertained by the jury trying the issue, where D.C.
one is joined, or by a jury of inquest, where there is no issue of fact; Ibid., Sec. 16.
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. 135. If the issue be found for the defendant, or the plaintiff . When judgment
dismiss or fail to prosecute his suit, the judgment shall be that the * * *
goods, if delivered to the plaintiff, be returned to the defendant with Sec. 822, R. S.
damages, or on failure, that the defendant recover against the plain- D.C. *
tiff 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. 136. If the defendant has eloigned the things sued for, the º: when
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. 823, R. S.
D. C. Ibid., sec. 18.
SEC. 137. The judgment in such cases shall be that the plaintiff , Ju d g m ent;
recover against the defendant the value of the goods as found, to be º for de-
discharged by the return of the things, with damages for detention, e
which the jury shall also assess. Sec. 824, R. S.
D. C. Ibid. 2 Cranch, C. C., 39, Thompson vs. Carbery; 3 Cranch, C. C., 172, Wood
vs. May.
SEC, 138. In every case of money, or other thing, due the public, Certain property
for satisfaction of which there shall be any distress or execution of ºiable to re-
property, by any officer or person authorized by law so to do, no *
writ of replevin shall issue, or be maintainable in law. - Md. act 1785, ch.
34, sec. 2, 1 Dorsey, 195. 2 Kilty, 24. 1 Mackey Rep., 303, Wallingsford vs. Ben-
nett.
SEC. 139. Every person applying for a writ of replevin to a clerk Oath of person
of the general court, [or the clerk of any county Court, against any º for writ
collector, public officer, or person authorized by law to collect any tºº
public dues or taxes, shall, if required so to do by the clerk applied * $
to, make oath or affirmation, as the case may require, that the prop- Ibid., Sec. 3.
erty, for the delivery of which he demands the said writ of replevin,
hath not been distrained or taken in execution on account of any
public dues or taxes.
472 Chapter Lv.–PLEADING AND PRACTICE.
Liability of clerk. SEC. 140. If any clerk shall neglect to inquire as aforesaid, or after
fo. º gº the party applying has refused to make such oath or affirmation
P** * shall issue a writ of replevin upon such application, such clerk shall
Ibid., Sec. 4. forfeit and pay one hundred pounds current money [$266.66%).
Marshals, etc., SEC. 141. No marshal [sheriff, coroner, or other public officer,
º, º, º shall serve or execute any writ of replevin issued contrary to the
*yº, directions of this act ; and if any marshal [sheriff, coroner, or other
y UO jºi.
this act, penalty. public officer, after the first day of March next, shall serve or exe-
cute any writ of replevin, knowing that the property mentioned and
specified in such writ hath been taken and remains in execution for
public dues or taxes, such marshal [sheriff, coroner, or other public
officer, so offending, shall forfeit and pay one hundred pounds cur-
rent money [$266.66%]. -
Ibid., Sec. 5.
Writ quashed, SEC. 142. If any writ of replevin, issued or to be issued contrary
plaintiff non; to the directions of this act, be served, the court to which such writ
* tº: shall be returned shall, at the first court, upon motion and inquiry
costs on writ, if in a summary manner, quash Such Writ, and non-suit the plaintiff,
issued contrary to and shall give judgment for treble costs to be paid by Such plaintiff
#: act (Secs, 188- to the defendant. -
Ibid., sec. 6. 1 Dorsey, 196.
When court may SEC. 143. In all cases of replevins hereafter to be issued and exe-
refuse, to retº cuted, the court to which such replewins are returned, respectively,
property to de- ſº d ge º ; -- ~~
fendant taken. On shall have full power and authority, upon a motion being made by
wit of ºpievin the defendant for a return of the property taken in consequence of
until after judg- such replevins, to inquire into the circumstances and manner of the
ment. defendant’s obtaining possession of such property, and if it shall
Md. actinsson appear that such possession was forcibly or fraudulently obtained,
80, sec. 14. or that the possession first being in the plaintiff was got or retained
1 Dorsey, 285, by the defendant without proper authority or right derived from
2 Cranch, , Ct. the plaintiff, then the court may refuse to order a return to the
£º defendant until a judgment is given in the action. [sees 984, R. S. U.S.]
Gittings; 3 Cranch
Ct. Rep., 7. Greenwell vs. Botelor ; 20 Wash. Law Rep., 197, Worthington vs. Sylves-
ter; 4 Harr. and McH. Rep., 391, Montgomery vs. Block; 6 Harr. and John. Rep., 471,
Cullum vs. Beavans; 8 Gill and John. Rep., 340, Glenn vs. Fowler; 21 Wallace Rep.,
98, Douglass vs. Douglass; 1 Mackey Rep., 303, Wallingsford vs. Bennett,
PRACTICE—CRIMINAL.
Form of indict- SEC. 144. All indictments shall run in the name of the United
ments. States, and conclude, against the peace and government thereof.”
Sec. 886, R. S. D. C. 1 Cranch, Ct. Rep., 215, U.S. vs. Peacock.
Indictments fºr SEC. 145. In every information or indictment for subornation of
jº. º, perjury, or, for corrupt bargaining or contracting with others to
jaj of commit wilful and corrupt perjury, it shall be sufficient to set forth
offense. the substance of the offence charged upon the defendant, without
23 George II, ch. Setting forth the bill, answer, information, indictment, declaration,
11 *.*ś, or any part of any record or proceeding either in law or equity, and
1750. without setting forth, the commission or authority of the court, or
...Alex: Brit. Stat., person or persons before whom the perjury was committed, or was
766, 767. agreed or promised to be committed ; any law, usage or custom to
Kilty's Rep.,252, the contrary notwithstanding. [See § 1028, R. S. U.S.]
Collection of SEC. 146. That fines and penalties for the violation of any or all
jº"; laws of the District of Columbia, passed by the Legislative Assem-
for violation of 2
i.ws ºf jet ... bly, or of ordinances or regulations of the late corporations of Wash-
Columbia. ington, Georgetown, and the Levy Court, shall be by information
* See chapter on “Criminal Procedure,” R. S. U. S., secs. 1014–1042. ‘For “Limitation as to
Prosecutions” see secs. 1043 to 1048, R. S. U. S. -
CHAPTER Lv.–PLEADING AND PRACTICE. 473
filed in the Police Court, on behalf of the District of Columbia, by
the Attorney of the District, or by his regular or special assistant,
as near as possible in the mode prescribed in the act of Congress
entitled “An act to establish a Police Court for the District of
Columbia, and for other purposes,” approved June seventeenth,
eighteen hundred and seventy, for the prosecution of offences *
against the ordinances of the late corporations aforesaid: Provided, Provºso.
That in informations connected with transactions of the Board of r
Public Works and the [Board of Health Officer, the information ...º.º.º.
shall state that it is filed at the instance of said boards, respectively. ch; . *
SEC. 147. In all informations it shall be sufficient to set forth, in Informations :
brief and clear terms the nature of the charge which may be pre- shall clearly set
ferred against any individual or individuals; and no information ſº nature of
shall be quashed on account of technicality of mere clerical errors “*
where the matter complained of is stated so as to clearly indicate to And shall not be
the party accused the matter or thing which he is called on to answer, quashed, on ag-
but all such errors may be amended in the Police Court, on motion, § º: :
at the time of trial, or on appeal to the Criminal Court. error.
But may be
amended in the
police court.
mº-ºº-º-º-º-º-º-mº" *-*-*.
Ibid.,sec. 2.
SEC. 148. In any case of appeal from the decision of the Police . In case of appeal
Court to the Criminal Court of said District for the violation of any to Criminal court,
law or ordinance of the District, in which the defendant or defend- sº º
ants may on appeal be convicted, Or judgment be rendered against §u:
him, her, or them, and execution shall be, by the clerk of the said
Criminal Court, and under the seal thereof, issued for the amount
of the fine or penalty imposed by the said Criminal Court, with a
clause or warrant of commitment if the fine or penalty aforesaid
shall not be paid, and any defendant Or defendants, in case of a neg-
lect or refusal to pay the fine or penalty, as aforesaid, shall be arrested Penalty for non-
and committed to the jail of the District until the same shall be fully P* * *
paid : Provided, That the commitment aforesaid shall not in any Proviso.
manner interfere or affect the liability of the surety or sureties on “ . .
the appeal bond given in the Police Court : And provided further, Further proviso.
That in all cases of appeal as aforesaid, on conviction or judgment, Tbid., sec. 3.
an attorney fee shall be taxed by the clerk of the said Criminal s
Court as part of the costs, as was formerly done in cases of appeal
for violations of the ordinances of the late corporation of the Mayor,
Board of Aldermen, and Board of Common Council of the city of
Washington.
SEC. 149. All fines, penalties, and forfeitures accruing under the , Regovery and
laws of the State of Maryland, which, by adoption, have become the fºrcer.
laws of the District, shall be recovered with costs, by indictment or *** *
information, in the name of the United States, or by action of debt, . Sec. 837, R. S.
in the name of the United States and of the informer; one-half of Pººr
which fine shall accrue to the United States, and the other half to 24 *g tºº, ch.
the informer; and such fines shall be collected by or paid to the ſº.” ‘’’’ ‘’’ D.
marshal, and one-half thereof shall be by him paid over to the Dis- 5 Peters, 451,
trict of Columbia, and the other half to the informer ; and the mar-Levy Court vs.
shal shall have the same power regarding their collection, and be *
Subject to the same rules and regulations as to the payment thereof,
; the sheriffs of the State of Maryland are subject to in relation to
the same.*
SEC. 150. Any person not in the military or naval forces of the Liability of per-
United States, or in the militia called into or actually employed in . making alsº
the service of the United States, who shall do or commit any of the jś.”
acts prohibited by any of the provisions of Section fifty-four hun-
* Sec. 838, R. S.D.C., repealed by sec. 819, R. S. U.S. 3 Mackey Rep., 152, U. S. vs. Duun.
474 S CHAPTER Lv.–PLEADING AND PRACTICE.
\!
Sec. 8490, R. S. dred and thirty-eight, Title “CRIMES,” shall forfeit and pay to the
"; ..., 1863, ch United States the sum of two thousand dollars, and, in addition,
gº. 3'º. double the amount of damages which the United States may have
698. * '*' sustained by reason of the doing or committing such act, together
with the costs of suit; and such forfeiture and damages shall be
sued for in the same suit.
Suits for same, SEC. 151. The several district courts of the United States, the
. }. º supreme court of the District of Columbia, the several district
.* courts of the Territories of the United States, within whose juris-
e dictional limits the person doing or committing such act shall be
Sec. 3491, R. S. found, shall, wheresoever such act may have been done or committed,
"gia. 1863, ch, have full power and jurisdiction to hear, º and determine such
67 se... ." §, p. suit. . Such suit may be brought and carried on by any person, as
698. well for himself as for the United States; the same shall be at the
3 MaçArthur sole cost and charge of such person, and shall be in the name of the
;º ºº: United States, but shall not be withdrawn or discontinued without
i. 32.É. the consent, in writing, of the judge of the court and the district
tº º º attorney, first filed in the case, setting forth their reasons for such
consent.
Duty of district. , SEC. 152. It shall be the duty of the several district attorneys of
attorney in such the United States for the respective districts, for the District of
Cases. Columbia, and for the several Territories, to be diligent in *:
Sec. 3492, R. S. into any violation of the provisions of section thirty-four hundred
U. S. and ninety by persons liable to such suit, and found within their
respective districts or Territories, and to cause them to be proceeded
against in due form of law for the recovery of such forfeiture and
damages. And such person may be arrested and held to bail in such
sum as the district judge may order, not exceeding the sum of two
thousand dollars, and twice the amount of the damages sworn to in
the affidavit of the person bringing the suit.
ignº of Persons SEC. 153. The person bringing said suit and prosecuting it to final
Pºnting * judgment shall be entitled to receive one-half the amount of such
* * *** * * * * forfeiture, as well as one-half the amount of the damages he shall
Sec. 8493, R. S. recover and collect; and the other half thereof shall belong to and
U. S. be paid over to the United States; and such person shall be entitled
to receive to his own use all costs the court may award against the
defendant, to be allowed and taxed according to any provision of
law or rule of court in force, or that shall be in force in suits between
rivate parties in said court: Provided, That such person shall be
iable for all costs incurred by himself in the case, and shall have
no claim therefor on the United States.
Limitation of
suit SEC. 154. Every such suit shall be commenced within six years
from the commission of the act, and not afterward.
Sec. 3494, R. S.U. S. -
Witnesses for SEC. 155. In all criminal trials the Supreme court, or the judge
defendant incrim- trying the case, may allow such number of witnesses on behalf of
inal trials. the defendant as may appear necessary; the fees thereof, with the
Sec. 839, R. S. costs of service, to be paid in the same manner as Government wit-
. C. messes are paid.
Special oath of SEC,156. In addition fo the oath now prescribed by law to be admin-
grand jury. istered to the grand jury in the District, they shall be sworn faith-
Sec. 540, R.T.s, fully and impartially to inquire into and true presentment make of
all offenses against the laws prohibiting dueling.
Aº [See §§ 1164–1168, R. S. D. C.]
"GHAPTER LV.—PLEADING AND PRACTICE. 475
- - l
SEC. 157. The court shall also give in charge to the grand jury at . Special charge
the commencement of each term next preceding an election in the * grand jury.
T)istrict, the provisions of Section one hundred and four, respecting Sec. 841, R. S.
interference with an elector in the exercise of the elective franchise. D. C.
[See §§ 98–108, R. S. D. C.] 8 Jan., 1867, ch,
6, Sec. 4, v. 14, p. 375.
“SEC. 158. In all prosecutions or indictments for libel instituted in Libels; truth
the District, the truth thereof may be given in evidence under the nº be given in
general issue as a justification of the aiſeged libel; and if it appear * *
that the matter charged as libellous was true, and was written or Sec. 842, R. S.
published with good motives and for justifiable ends, the defendant P.9
l lar, . . . or ºn 3 25 Feb., 1865, ch.
shall be agguitted. 58, v. 13, p. 439.
SEC. 159. In all cases where the laws of the United States provide Fugitives from
that fugitives from justice shall be delivered up, the chief-justice of Jºe:
the Supreme court shall cause to be apprehended and delivered up Sec. 843, R. S.
such fugitive from justice who shall befound within the District, in the D. C.
same manner and under the same regulations as the executive author- Amended Feb.
ity of the several States are required to do by the provisions of sec- ***, as
tions fifty-two hundred and seventy-eight and fifty-two hundred and sº §º § 1
- * . º • -> D. R. S., 28U.
seventy-nine, Title LXVI, of the Revised Statutes of the United ‘’’; M. isoſch.
States, “EXTRADITION ;” and all executive and indicial officers are 24, sec. 6, v. 2, p.
required to obey the lawful precepts or other process issued for that 116.
purpose, and to aid and assist in such delivery.
(See §§ 1027-1027, R. S. U. S.]
SEC. 160. If any criminal shall actually serve and labour the full º .
time appointed, such service and labour shall have the effect of a “...".”
2. • - a pardon, etc.
pardon, to all intents and purposes, for the crime for which such
criminal was convicted. o
Md. act 1793, ch.
57, sec. 15. 2 Kilty, 447.
SEC. 161. The President of the United States has power to grant . Remission of for-
remissions of the forfeitures of all recognizances acknowledged and fºres by the
taken before any court, judge, justice of the peace, or other magis. *
trate within the District, either in the course of any criminal prose- Sec. 844, R. S.
cution, or for Surety of the peace. D. C
13 June,1812, ch.
t 's 100, v.2, p. 752.
SEC. 162. To enable any person convicted by the judgment of the When execution
scourt, to apply for a writ of error, in all cases when the judgment of sentence, may
shall be death, or confinement in the penitentiary, the court shall, * Postponed.
on application of the party accused, postpone the final exécution Sec. 845, R. s.
thereof to a reasonable time beyond the next term of the court, not D.C.
exceeding in any case thirty days after the end of such term. ić º sº
; “ . . e.
SEC. 163. When a poor convict, sentenced by any court of the When poor con-
United States to pay a fine, or fine and cost, whether with or without Yiºs sentenced
imprisonment, has been confined in prison thirty days, solely for * an.*.*.
the non-payment of such fine, or fine and cost, he may make appli- jº' *
cation in writing to any commissioner of the United States court in ty
the district where he is imprisoned, setting forth his inability to pay sº 1042, R. S.
such fine, or fine and cost, and after notice to the district attorney 1june, 1872, ch.
of the United States, who may appear, offer evidence, and be heard, 255, sec. 14, v. 17,
the commissioner shall proceed to hear and determine the matter; p. 1983.9 Mackey
and if on examination it shall appear to him that such convict is ſº *P*
unable to pay such fine, or fine and cost, and that he has not any ”
property exceeding twenty dollars in value, except such as is by law
vexempt from being taken on execution for debt, the commissioner
476
CHAPTER Lv.–PLEADING AND PRACTICE.
Fines in tobacco,
how discharged in
money.
Md. act 1780, ch.
23, sec. 3.
1 Kilty, 541.
Value fixed for
foreign gold and
silver coin.
Md. act 1781, ch.
16, Sec. 1. -
1 Kilty, 593.
shall administer to him the following oath: “I do solemnly swear
that I have not any property, real or personal, to the amount of
twenty dollars, º: such as is by law exempt from being taken
on civil precept for debt by the laws of (State where oath is admin-
istered); and that I have no property in any way conveyed or con-
cealed, or in any way disposed of, for my future use or benefit. So
help me God.” And thereupon such convict shall be discharged,
the commissioner giving to #. jailor or keeper of the jail a certifi-
cate setting forth the facts.” [See §§ 847, 5296, R. S. U.S.]
SEC. 164. All fines, forfeitures and penalties, imposed or inflicted,
and set in tobacco, by any act of assembly [of Maryland] made.
before the fourth day of July, seventeen hundred and seventy-six,
and now subsisting and in force, and all fees and allowancesto officers.
or others, given by any such laws, and all fines, forfeitures and pen-
alties, fees and allowances, to be imposed, created, inflicted, given or
made, in tobacco, by this or any act of assembly hereafter to be
made or be in force during the continuance of this act, shall be paid
and discharged in tobacco, at the rate of twelve shillings and six-
pence per hundred, or in specie, valuing Spanish dollars at Seven
shillings and six-pence, and gold and other silver in proportion, or
in new bills at the passing value, at the election of the person charged
there with; which said value shall be ascertained and fixed at each
term by the court by whom such fines, penalties and forfeitures,
shall be imposed, and where such fees and allowances shall accrue,
and become due, and so on until paid and discharged. † Af
SEC. 165. The foreign gold and silver coin hereinafter mentioned
shall pass current within this state at the following rates, to wit:
Johannes's, weighing eighteen pennyweight, :66
Half johannes's, weighing nine pennyweight,
Moidores, weighing six pennyweight eighteen grains,
English guineas, weighing five pennyweight six grains,
French guineas, weighing five pennyweight five grains,
Doubloons, weighing seventeen pennyweight,
Spanish pistoles, weighing four pennyweight six grains,
French milled pistoles, weighing four pennyweight four grains,
Arabian chequins, weighing two pennyweight three grains,
Other gold coin, (German excepted,) by the pennyweight,
English milled crowns, -
Other English milled silver at same rate.
French silver crowns,
Spanish milled pieces of eight,
Other good coined Spanish silver, per ounce,
Any other gold coin of the same fineness of Spanish or Portugal coin,
per Ounce, 6
And shall be deemed and adjudged in all courts of law, and in the
court of equity and orphans courts, the current money of the state,
and shall be received as such in payment of all debts, covenants, con-
tracts, promises and agreements, at the value above expressed,
except in the settlement of deceased persons estates, where the
appraisements were made in the estates accounted for in dollars at
six shillings.
:
15
14
1
1..
:
*Juvenile offenders may be confined in house of refuge. Sec. 5549, R. S. See-title “Penitentiary.”
See, also, chapter on Reform Schools, secs. 12, 13, and 33.
oś *ś, of 1780, ch. 23, was by the Md. act of Jan.18, 1799, 2 Kilty, p. 812, note 2, continued until
Ct. 30, 9.
By the act of Congress of Mar. 3, 1807, ch. 23, see. 6, 2 Stat., p. 431, the Temporary Statutes of
Maryland and Virginia, adopted for the District of Columbia, were continued in force.
A dollar was declared to be of the value of the Spanish milled dollar as the same was then cur-
.# See 1 Stat.L., ch. 16, sec.9, p.248; see also I Stat., ch.5, sec. 1, p. 300; 1 Mackey Rep., 346; U.S.
1)&. JBICKSI6'I’.
Fines under the Maryland laws, can only be imposed in current money; see Md. act 1781, ch. 16,.
secs. 1 and 2, 1 Kilty, 593; see next section.
CHAPTER LVI. —POLICE COURT.
477
l .."
SEC. 166. All judgments and decrees, appraisements of the estate
of any deceased person, and all penalties, fines and forfeitures, shall
only be rendered, given, made or imposed, in current money, at the
rate and value aforesaid; and all mortgages, judgments, debts, cove-
nants, contracts, promises or agreements, heretofore made for ster-
ling money, may be discharged in any gold Or silver coin above men-
tioned, at the rate of one hundred and sixty-six pounds thirteen shil-
lings and four-pence current money for One hundred pounds Sterling.
Sec.
i
8
CHAPTER FIFTY-SIX.
POLICE COURT.
. Establishment of ; (as to additional
judge and trial by jury, etc. See
note at foot of this chapter.)
. Judge of ; term of office and salary.
. Judge, Oath of. -
. Terms of court.
Rooms for holding court.
. Salaries of judge and officials; how
paid.
. Sickness, absence, or disability of
judge; justice of peace to act ; how
and by whom appointed.
. Oath and compensation of justice of
peace acting as judge, etc.
9. Jurisdiction of. (See Substitute for
this section, act of Mar. 3, 1891;
26 Stat. L., 848. Sup. R. S. U. S.,
2 ed., p. 911. Note at end of this
chapter.)
. Power of judge to issue process for
arrest, when ; and to compel at-
tendance of witnesses.
. Judge of may examine and commit
or hold to bail, when.
. General powers of in exercise of ju-
risdiction of.
. Contempt of, punishment for ; what.
. Enforcement of iudgments and sen-
tences.
... Power to make rules and regulations
for government of.
. Naturalization of foreigners; has no
power to.
. Seal; acknowledgment of deeds ;
power to take oaths and affirma-
tions; power to administer.
. Clerk of, appointment and salary of.
. Deputy clerk of ; who appointed by
and salary of.
Sec.
20. Bond and oath of clerk.
21. Administering of oaths and affirma-
tions; by whom. -
22. Fees; none to be charged by clerk
for his services.
23. Bailiffs of ; how appointed, pay, etc.
24. Bailiffs may act as deputies to mar-
shal, when.
25. Prosecutions in to be by information,
without indictment or trial by jury.
(See Note at end of this chapter.)
26. Processes for violation of District
laws, etc.; by whom served.
27. Processes cognizable in Supreme
Court; by whom served.
28. Processes, form of.
29. Fees of marshal, in cases of.
30. U. S. attorney; duty of, in.
31. U. S. attorney; fees of, in.
32. District of Columbia attorney ; duty
of and how paid.
33. Fees of witness, in.
34. Appeals. (See Note at end of this
chapter.) -
35. Appeals from, bond On.
36. Appeals from, stay of proceedings
OIl.
37. Transfer of cases from to Supreme
Court ; what necessary.
38. Appellant failing to recognize to be
committed to jail.
39. Appeals from ; how certified.
40. Collection of fines, etc. ; by whom
and with whom deposited.
41. Disposal of moneys collected. (In-
former to have. One-half of fine,
when. See Sec. 837, R. S. D. C.)
SEC. I. There shall be in the District a court to be called the police
court of the District of Columbia,
[See § 89, R. S. D. C.]
Fines, judg-
ments, etc., can
only be rendered
in money.
Ibid., Sec. 2.
Polic e Court
established.
Sec. 1041, R. S. D. C. June 17, 1870, 16 Stat., 153.
SEC. 2. The police court shall consist of One judge, learned in the Judge.
law, who shall be appointed by the President, by and with the advise
and consent of the Senate, for the term of six years, and who shall
receive a salary of three thousand dollars per annum.
Sec. 1042, R. S.
D. C.
June 17, 1870.
16 Stat., 153,154. Ibid., secs. 1, 2, pp. 153,154.
SEC. 3. The judge of the police court shall take the oath prescribed Oath of judge.
for judges of the courts of the United States. [see S 712, E. s. U. S.]
Sec. 1043, R. S.
D. C. Ibid., 154.
478 CHAPTER Lv1.-POLICE COURT,
Terms of court. SEC. 4. The court shall hold a term on the first Monday of every
s. Tom E. s. month, and continue the same from day to day as long as it may be:
D. & it i.e. necessary for the transaction of its business. -
4, p.154.
Rooms for hold- SEC. 5. The court shall be provided with a suitable place for hold-
ing court. ing its sessions at the expense of the District.
Sec. 1045, R. S. D. C. Ibid., p. 155, sec. 10.
Salaries of judge SEC. 6. The salaries of the judge and clerk of the police court, the
ºfficers. * compensation of the deputy clerk and bailiffs, and the fees of the
palC1. marshal, shall be paid by the District, quarterly. [see $1080, R. S. D. C.):
Sec. 1046, R.S. D. C. Ibid., sec. 14, p. 155. 21 Feb., 1871, ch. 62, sec. 41, v.16, p. 429.
Designation ºf SEC. 7. In case of sickness, absence, or disability of the judge,
º in certain either of the justices of the supreme court of the District shall desig-
tº nate some justice of the peace to discharge the duties of the police.
Sec. 1047, R. S. judge until such disability be removed.
D. C. 17 June, 1870, ch. 133, sec. 4, v. 16, p. 154.
Oath and com: SEC. 8. The justice so designated shall take the same oath as pre-
j" §i. °f scribed for the judge, and shall receive the sum of ten dollars per
p * day for the time he shall serve, to be paid in the same manner as the
Sec. 1048, R. S. salary of iudge is paid.
D. C. Ibid. y OT JuClge IS p
JURISDICTION AND POWERS.
Jurisdiction. SEC. 9. The police court shall have Original and exclusive juris--
Sec. 1049. R. S. diction of all offenses against the United States committed in the
• *=s* - * > 3 District not deemed capital or otherwise infamous crimes, that is to
Ibid., Sec. 1, p. say, of all simple assaults and batteries, and all other misdemeanors
153. not punishable by imprisonment in the penitentiary; and of alloffenses
Rºº º against the laws and ordinances of the District in force therein.”
Cross : 1 MacAr- [See § 61. See § 2173, R. S. U. S.].
y
thur Rep., 502, U.S. vs. Buell; 1 Mackey Rep.; 594, Guiteau's case; 6 Mackey Rep.,
38, U. S. vs. Marshall; 127 U. S. Rep., 540, Callen vs. Wilson; 8 Mackey Rep.,230, U.
S. vs. Green.
Power of judge SEC. 10. The judge shall have power to issue process for the arrest
to issue. Process of persons against whom information may be filed, or complaint
for arrests. under oath be made, and to compel the attendance of witnesses.
Sec. 1050, R. S. D. C. Ibid., sec. 4, p. 154.
Judge may ex- SEC. 11. The judge of the police court may examine and commit,
alline and Comº or hold to bail, in all offenses, whether cognizable in the police court.
mit. or in the Supreme Court of the District, f (see S 1016, R.s, U.S.]
Sec. 1051, R. S. D. C. Ibid., Sec. 20, p. 157. -
General powers SEC. 12. The court shall have power to issue all process and to do.
of court. all acts which may be necessary to the exercise of its jurisdiction.
Sec. 1052, R. S. $ºse
D. C. Ibid., secs. 5, 10, pp. 154, 155.
Contempts. SEC. 13. The court shall have power to punish contempts by fine
sec. 1053, R. s. and imprisonment, or by either; but the fine shall in no case, exceed
º “. twenty dollars, nor the imprisonment be for a longer time than forty-
Ibid., secs. 5, 13, eight hours.
pp. 154, 155. - t
Enforcement of SEC. 14. The court may enforce any of its judgments or Sentences
sentences. by fine or imprisonment, or by both.
Sec. 1054, R. S. D. C. Ibid., sec. 4, p.154. 6 Mackey Rep., 38, U. S. vs. Marshall; -
3 Cranch, Ct. Rep., 625, U. S. vs. Royal. -
* See substitute for sec. 1049, R. S. D. C. Act Mar. 3, 1891, 26 Stat., 848, Sup. R. S., 2 Ed., p. 911.
+i. Mackey Rep.,595, in re Mantz; police judge, as committing magistrate only, has no power to take-
bail,
CHAPTER LVI.—POLICE COURT, -*
479.
* -
SEC. 15. The court shall have power to make such rules and regu-, Rules and regu-
lations as may be deemed necessary and proper for conducting busi- *
ness therein. Sec. 1055, R. S.
D. C. 17 June, 1870, ch, 133, sec. 13, v.16, p. 155.
SEC. 16. The police court of the District of Columbia shall have Police court has
no power to naturalize foreigners. no power to nat-
- uralize foreigners.
Sec. 2178, R. S. U.S. 17 June, 1870, ch. 183, sec. 5, 16 stat., p. 154,
SEC. 17. The court shall have a seal, and shall have power to take Seal; acknowl:
the acknowledgment of deeds and to administer Oaths and affirma- . ºnents and
tions to public officers. wº
Sec. 1056, R. S. D. C. Ibid., sec. 5, p. 154.
CLERK.
SEC. 18. The court shall have power to appoint a clerk at a salary Clerk, appoint-
of two thousand dollars per annum, who shall hold his office during *nt and salary.
the pleasure of the court. Sec. 1057, R. S.
D. C. Ibid., Sec. 2, p. 154.
SEC. 19. The clerk may appoint one deputy, with the consent of Deputy.
the court, if the business shall require it, to be paid such compensa- Sec. 1058, R. S.
tion as may be allowed by the court, not exceeding One thousand D. C. 3.
dollars per annum. . Ibid.
SEC. 20. The clerk shall give bond, with surety, and take the oath Bond and oath.
of office prescribed by law for clerks of district courts of the United of *
States. [See § 794, R. S. U. S.] -- Sec. 1059, R. S.
- D. C. Ibid.
SEC. 21. He shall have power to administer oaths and affirmations, ...Qaths and affir-
and in his absence his deputy may administer the same. - ºhom
Sec. 1060, R. S. D. C. Ibid.
SEC. 22. There shall be no fee charged for any service by the No fees to be
clerk. - charged.
Sec. 1061, R. S. D. C. Ibid., sec. 7, p. 155.
BAILIFFS.
SEC. 23. The court may appoint not exceeding two bailiffs, who Bailiffs.
shall receive for their services three dollars each for every day's Tsec. 1062. E. S
attendance on court, to be paid upon certificate of service by the D.C. 3. tº
judge. . lººd. Sec. 6, p.
SEC. 24. The bailiffs may act as deputies to the marshal for the Bailiffs may act
service of process issued by the court. as deputy m a r -
shals, when.
Sec. 1063, R. S. D. C. Ibid., sec. 9, p. 155.
PROSECUTIONS.
SEC. 25. Prosecutions in the police court shall be by information , Prosecutions to
under oath, without indictment by grand jury or trial by petit jury.* beby information.
Sec. 1064, R. S. D. C. Wash. Law Rep., No. 42, p. 277, D. C. vs. Herlihy.
* Trial by Jury, see note at end of this chapter. 127 U. S. Rep., 540, Callan vs. Wilson.
480 CHAPTER Lv1.-POLICE COURT,
Process for viola: SEC. 26. In cases arising out of violations of any of the ordinances
i: of District or laws of the District in force therein, process shall be directed to
aws. the major of police, who shall execute the same and make return
Sec. 1065, R. S. thereof in like manner as in other cases.
D. C. Ibid., Sec. 4, p. 154.
Process in other SEC. 27. In cases cognizable in the supreme court the process shall
§ º.º. be directed to the marshal, except in cases of emergency, when it
º may be directed to the major of police.
Sec. 1066, R. S. D. C. Ibid.
Form of process. SEC. 28. Such process shall be under the seal of the police court,
s. Togº. E. s. and shall bear teste in the name of the judge, and be signed by the
D. C. Ibid. clerk, *
Marshal's fees. SEC. 29. For such services the marshal shall receive the same fees
Sec. 1068, R. S. * prescribed for like service in the Supreme court.
D. C. Ibid.
Duty of United SEC. 30. It shall be the duty of the United States attorney for the
**Y. District, in person or by one or more of his assistants or deputies, to
Sec. 1069, R. S. attend to the prosecution in the police court of such offenses as were
C cognizable in the criminal court of the District prior to June seven-
teenth, eighteen hundred and seventy. . -
Tbid., Sec. 17, p.
156. . - -
, Fees of U. S. SEC. 31. For such service he shall be paid the same fees as are
attorney. allowed for similar service in the supreme court.
Sec. 1070, R. S. D. C. Ibid. 4.
Duty of attor- SEC. 32. It shall be the duty of the attorney of the District, or his
... * * * assistants, to attend to the prosecution in the police court of all
ICU, offenses arising from violations of any of the laws or Ordinances of
Sec. 1071, R. S. the District in force therein, and for such service they shall be paid
• *-* e by the District, -
Ibid., Sec. 16, pp. 56, 157.
Fees of Wit - SEC. 33. Witnesses before the police court shall receive the same
IleSSeS. fees as are allowed for similar service and attendance in the Supreme
Sec. 1072, R. S. Court. [See § 880, R. S. D. C., Feb. 28, 1799, 1 Stat., § 6, p. 626.]
D. C. 17 June, 1870, ch. 133, sec. 7. 16 Stat., 155.
Appeals. SEC. 34. Any party deeming himself aggrieved by the judgment
Sec. 1075, R. S. of the police court may appeal to the Supreme court.
D. C. Ibid., Sec. 3, p. 154. - - [See § 773, R. S. D. C.]
Bond on appeal, SEC. 35. In all appeals the party applying for appeal shall enter
Sec. 1074, R. S. into recognizance, with sufficient Surety to be approved by the judge,
. C. for his appearance at the criminal term of the supreme court then in
Ibid., sec. 8, p. session, or at the next term thereof if the criminal term be not then
155. in Session, there to prosecute the appeal and to abide by the judg-
ment of the supreme court. - -
Stay of * * tº tº
ings 3. * Sec. 36. Upon such recognizance being given, all further proceed-
ings in police court shall be stayed.
Sec. 1075, R. S.
D. C. Ibid.
Papers to be ~~ * * & º *
Sent to supreme SEC. 37. Such recognizance so approved, and the information or
Court. complaint, shall be immediately transmitted to the clerk of the
• Supreme court. y
Sec. 1076, R. S.
D. C. Ibid. -
CHAPTER LVII.—PUBLIC SCHOOLS. 481
- §
SEC. 38. Upon the failure of any party appealing from the judg- . Appellants fail-
ment of the police court to the Supreme court to enter into recogni- *ē to recognize.
Zance as provided for in section ten hundred and seventy-four, he Sec. 1077, R. s.
shall be committed to jail to await his trial upon his appeal, and the D.C.
trial shall be had in the supreme court as though such recognizance Tbid., sec. 11.
had been entered upon. -
SEC. 39. In every case of º the court below shall send up the Appeals, how
C
information or complaint filed in the cause, and a copy of the record certified. -
of all proceedings duly certified to the supreme court. . Sec. 1078, R. S.
* D. C.
Ibid.
DISPOSAL OF COSTs, FINES, AND FORFEITURES.
SEC. 40. All fines, penalties, costs, and forfeitures imposed or Payment offines,
taxed by the police court shall be collected by the marshal, or by the penalties, 9 osts,
major of police, as the case may be, on process ordered by the court, * *
and by them paid over to the District. [See § 318–316, 837, R. S. D. C.] Sec. 1079, R. S.
D. C.
Ibid., sec. 15, p. 155; 21 Feb., 1871, ch, 62.
SEC, 41. The moneys collected upon the judgments of the police Dispºsal of mon-
court, or so much thereof as may be necessary, shall be applied to * *
the payment of the Salaries of the judge and other officers of the Sec. 1080, R. S.
court, as provided in section ten hundred and forty-six, and to the D. C.
payment of the necessary expenses thereof, and any surplus remain-
ing after paying such salaries, compensation, and expenses shall be
paid into the treasury of the District at the end of every quarter.
[See § 887, R. S. D. C.]
NOTE.-An act to define the jurisdiction of the police court of the District of
Columbia, 26 Stat. L., ch. 536, 848, March 3, 1891. 2 Sup, R. S., 911.
CHAPTER FIFTY-SEVEN.
PUBLIC SCHOOLS.
Sec. Sec.
1. Board of school trustees abolished; 12, Donations for colored schools to be
Commissioners vested with powers reported to Commissioners.
and duties of said board, etc. 13. Condemnation of landforschoolsites;
2. School trustees; qualifications, how proceedings; powers of Commis-
appointed, term, etc.; powers and sioners in relation thereto.
duties of: 14. Same subject ; when no appeal is
3. Control and supervision of repairs of made.
and construction of School build- 15. Same subject; on appeal; proceedings
ings Commissioners may delegate and notice. - -
to inspector of buildings. 16. Same subject; costs of appeal, by
4. Children between certain ages shall whom payable.
be sent to school; penalty for neg- || 17. Same subject; verdict of jury, how
lect of such duty. (NOTE.-Sepa- returned.
ration of males from females.) 18, Same subject; when title shall pass,
5. When penalty imposed by preceding Verdict to be recorded in land rec-
section not to be enforced. ords. * * -
6. Attendance of children may be en- || 19. Same subject; Commissioners' option
forced. - as to verdict.
7. Children not vaccinated not to be ad- 20. School-houses not to be located in
mitted to schools. certain places, except with consent,
8. Construction of laws relating to pub- etc.; notice necessary.
- lic schools. 21. Reports of school trustees to Com-
9. General duties of school trustees. missioners.
10. Trustees to provide for education of 22. Superintendents of schools to be ap-
colored children. (NOTE.—Use of pointed by Commissioners; their
school buildings.) g duties. -
11. Where children may be placed in 23. Same subject ; compensation of.
school. (NOTE.-Pay, etc.)
31 C. S -
482. CHAPTER LVII.-PUBLIC SCHOOLS.
Sec. + Sec.
24. Same subject; for colored schools. 35. Night-school teachers may teach day
(NOTE. –Consolidation of offices of schools. (NOTE.—Commissioners'
. superintendents, and salaries.) report as to number, etc., of teach-
25. Proportionate part of School money ers.) -
to be set apart for colored schools. 36. Teachers, number of; their salaries
26. Commissioners to establish Schools fixed; no discrimination between
for colored children. - female and male teachers in as-
27. Land conveyed by United States for signing salaries; Commissioners to
school purposes not to be divert- report number of teachers required
ed. and their salaries.
28. Same subject; part of a certain lot 37. Commissioners restricted from em-
may be sold and proceeds invested ploying agents to purchase school
for school purposes. sites, when; commissions of agents
29. Same subject; certain lots to revert when employed.
to United States if used for any 38. Commissioners' powers in condem-
purposes except Schools. nation of land for sites for schools,
30. Same subject; certain land set apart engine houses, and public stations.
for School purposes. 39. Same subject; plans for same, by
31. Study of effect of alcoholic drinks whom prepared and approved.
and narcotics on the human sys- | 40. Normal school for education of pu-
tem to be compulsory. pils for teachers. -
32. Same subject; provision for enforce- || 41. Same subject; principal teacher for
ment of preceding section. Sall].6°. -
, 33. Same subject; as to qualifications of 42. Same subject; rules, regulations, and
teachers and their certificates. course of study to be prescribed;
(NOTE.-Molesting teacher in dis- graduates of to be preferred in
charge of duties or disturbing selection of teachers.
schools.) 43. Organization and establishment of
34. Janitor's additional duties. schools restricted.
Board of School SEC. 1. That from and after the first day of July, eighteen hun-
*: º, dred and seventy-eight, the board of school trustees shall be abol-
* .*., ished; and all the powers and duties now exercised by them shall be
powers and duties transferred to the said Commissioners of the District of Columbia,
of said board, etc. who shall have authority to employ such officers and agents and to
20stat.107.sec. adopt such provisions as may be necessary, to carry into execution
3. * *** the powers and duties devolved upon them by this act.
6. &
June 11, 1878. 2 Sup. R. S., 178. 103 U. S. Rep., 705, D. C. vs. Cluss.
School trustees; SEC. 2. The Commissioners of the District of Columbia shall from
Qualificatiºn; time to time appoint mine” [nineteen] persons, actual residents of
tº. º º said District of Columbia, to constitute the trustees of public schools
ºrs and dutie. " of said District, who shall serve without compensation and for such
"… . terms as said Commissioners shall fix. Said trustees shall have the
Ibid. powers and perform the duties in relation to the care and manage-
ment of the public schools which are now authorized by law.
Inspector of SEC. 3. The inspector of buildings of the District shall have
º ſ". ** authority and control over and supervision of the construction and
.*.*.*.*.* repairs of all school buildings if the Commissioners deem best to
etc., of school &
buildings. delegate the same to him.
• Mar. 3, 1879. 20 Stat., ch. 182, p. 408. 1 Sup. R. S., 463.
All children be SEC. 4. Every person in the District of Columbia, having under
:*: control any child between the ages of eight and fourteen years, shall
joji, ºli; annually, during, the continuance of such control, send, such child
for neglect. to some public school in that part of the District in which he shall
s. sºil. E. s. at the time reside, at least twelye weeks, six of which shall be conseq;
D.” “” “ ” utive, and for every neglect of such duty the party offending shall
25 June, 1864, forfeit to the use of the District a sum not exceeding twenty dollars,
º: º 20, v. to be recovered before àny justice of the peace of the District.
; P. &W a -
:h: . º reduced to nine by act July 1, 1882, 22 Stat. 135, 2 Sup. R. S., p. 351. See Webb's Digest,
pp. y 3. 5, - - -
t Male and female pupils in the city of Washington shall be kept separate during School hours, and
shall have different places assigned them for recreation. Webb's Digest, p.324. -
CHAPTER LVII.--PUBLIC SCHOOLS. 483
4
SEC. 5. If upon the hearing of any case, provided for in the pre- ... When penalty
ceding Section, it shall be made to appear to the justice that the º:
party so offending was not able for any cause to send such child to . i.
school, or that the child has been attending any other school for a Sec. 272. R. S.
like period of time, or that the child by reason of bodily or mental Dº 'º “ ”
infirmity was not fit to attend such school, the penalty shall not be 25 June, 1864, ch.
enforced. 156, sec. 20. v. 13,
p. 192.
SEC. 6. The Commissioners ſtrustees or school-board having charge Trustees to en-
of public schools in the District] may make such arrangements for force attendance.
the purpose of ascertaining whether any children within the ages Sec. 273. R. S.
prescribed by law are not attending the public Schools, as they shall D. C.
deem best for the purpose of enforcing the attendance of such chil- 25, ſune, 864,
* | **** & * tº gº arº º ;, o' Ch. 156, sec. 21, v.
ºn said schools, under the provisions of the two preceding ; pp. 192, 193.
e - \
SEC. 7. No child shall be admitted into the public schools who Children not
shall not have been duly vaccinated or otherwise protected against i. not to
the small-pox. • e admitted.
Sec. 274, R. S. D. C.
SEC. 8. The provisions of this chapter are declared public and , Construction of
remedial, and shall be construed by all courts of justice according i. º: to
to the equity thereof; and no proceedings of the inhabitants or of P* *
the Commissioners [trustees of any school-district, or of any other . Sec. 275, R. S.
officer created under the provisions of this chapter shall be set aside P. 9.
or adjudged to be void for defect of form, or for any irregularity
ºn, so that the requirements of law are substantially complied
With. *
SEC. 9. The persons who may be appointed school-trustees (or General duties
elected by authority of the legislative assembly as a school-board of school trustees.
for that portion of the District without the limits of the cities of Sec. 279, R. S.
Yºhington and Georgetown] shall have power and it shall be their D. C. \
duty :
[First. To receive and disburse any fund which may be provided
for the purchase of sites and the erection and support of primary
schools in such portion of the District.] -
Second. To regulate the number of children to be taught in each
of said schools. --- -
Third. To select, upon a thorough examination, such teachers as
are competent, giving to each a certificate of qualifications, without
which no teacher shall be entitled to receive pay ; and to fix their
salaries and terms of service. *
Fourth. To suspend or expel from any school any pupil who will
not submit to the reasonable and Ordinary rules of Order and disci-
pline therein.
Fifth. To prescribe the course of study and the text-books to be
used in the schools, to regulate and control the purchase and distri-
bution of books, maps, globes, stationery, and other things necessary
for the same, and generally to prescribe rules and regulations for the
management, good government, and well Ordering of Said Schools.
Sixth. To report to the Commissioners [legislative assembly, at
the close of each school-year, and particularly set forth the number
of pupils taught, their average attendance and progress, and such
other statistics as the Commissioners [legislative assembly] may
require.*
#: : { $. # :}; $ :é
* Salaries of teachers to be annually estimated for 26 Stat., 1062, Mar. 3, 1891, 2 Sup. R. S., 932, par, 6.
484
CHAPTER LVII.—PUBLIC SCHOOLS.
School trustees
to provide for the
education of col-
ored children.
Sec. 281, R. S.
D. C.
103 U. S. Rep.,
706, D. C. vs.
Cluss,
Where children
may be placed in
school.
Sec. 282, R. S.
D. C.
Donations for
colored schools re-
ceivable by the
School trustees.
Sec. 283, R. S.
D. C.
Condemnation of
land for school-
sites; proceedings.
Sec. 286, R. S.
D. C.
When no appeal
is made. -
Sec. 287, R. S.
D. C.
/ *
SEC. 10. It shall be the duty of the School-tºwstees [school-board]
to provide suitable and convenient houses or rooms for holding
schools for colored children, to employ and examine teachers there-
for, [and to appropriate a proportion of the school-funds, to be deter-
mined by the numbers of white and colored children, between the
ages of six and Seventeen years, to the payment of teachers' wages,
to the building or renting of School-rooms, and other necessary
expenses pertaining to Said Schools, to exercise a general Supervision
over them, to establish proper discipline, and to endeavor to promote
a thorough, equitable, and j education of colored children in
said portion of the º -
SEC. 11. Any White resident shall be privileged to place his or her
child or ward at any one of the schools provided for the education of
white children in said portion of the district he or she may think
proper to select, with the consent of the school-trustees [school-
board]; and any colored resident shall have the same rights with
respect to colored schools. -
SEC. 12. The school-trustees are [school-board is] authorized to
receive any donations or contributions that may be made for the
benefit of the schools for colored children by persons disposed to aid
in the elevation of the colored population in the District, and to
º the same in such manner as in their opinion shall be best cal-
culated to effect the object of the donors; the school-trustees [school-
board] to account for all funds so received, and to report the same
to the Commissioners [legislative assembly.] .
SEC. 13. Whenever suitable sites cannot be purchased for the erec-
tion of school-houses, the Commissioners [school-board] shall have
power to condemn and value land suitable for that purpose, not
exceeding one acre for each site, by giving ten days’ notice in Writ-
ing to the proprietors thereof, except in cases where notice cannot be
served, and in cases of minors, married women, and persons mom
compos, and filing with the secretary of the Commissioners of the
District for inspection a certificate describing such lands, with the
value assessed thereon, which shall be sufficient notice to the pro-
prietors of such land that the Commissioners (tre [board is] ready to
pay the amount of damages so assessed. •
SEC. 14. If within thirty days from the filing of the certificate, as
provided by the preceding section, the proprietors of the land shall
not appeal from the decision of the Commissioners [school-board,
by written notice left with the secretary of the District, the amount
so assessed shall be paid to the proprietors, and the title of such land
and premises shall pass to and be vested in the District of Columbia,
and said certificate shall be recorded in the land records of the Dis-
In case of appeal
and when notice
can not be given; ,
proceedings.
Sec. 288, R. S.
D. C.
trict.
SEC. 15. If the proprietors of such land and premises shall, within
thirty days, notify the Commissioners [school-board.] in writing,
left with the secretary of the Commissioners of the District, of their
dissent from the valuation of such land so made, or if the land, or
any part thereof, be owned by a minor, married woman, or person
mom, compos, or if notice cannot be served, it shall be lawful for the
Commissioners [school-board] to issue their Warrant to the marshal
of the District, commanding him to summon a jury of five free-
holders, not interested in the matter, to appear, On a day appointed,
* By act of Congress of Mar. 3, 1893,27 Stat., ch. 199, p. 546, it was enacted that-public school buildings
should not be used for any other purposes than those directly connected with the public school system.
| See note to sec. 7 of chapter 29, Highways. .
CHAPTER LVII.—PUBLIC SCHOOLS. 48 5.
on the premises, and after having each taken an oath (which the
marshal or any one of the school-board is authorized to administer)
that he will, without favor or prejudice, assess the damages sustained
by the proprietor of the land by reason of the condemnation of said
land, the jury so qualified shall proceed to value and assess the dam-
ages accordingly.
SEC. 16. If the amount assessed by the jury shall not be greater º; by whom
than the amount previously assessed, the whole costs of the appeal * - “.
shall be chargeable to the appellant, to be paid by the Commissioners Sec. 289, R. S.
[school-board] and deducted from the cost of the land in settlement P. C.
therefor; otherwise the board shall pay the expenses incurred by
reason of such appeal, the marshal’s and juror’s fees to be computed
as provided in chapter eleven of this title. [See § 266, R. S. D. C.]
SEC. 17. The jury, immediately after they shall have completed Yº. of the
their inquest and assessed the damages, shall make out a written º’ ”"
verdict, setting forth a full and distinct description of the land and T- - - -
remises and the valuation or damages assessed therefor, which shall, Sº?: 39%. R. S.
e signed by them, or a majority of them, and having been attested ‘’’ ‘’’
by the marshal, shall be immediately returned to the Secretary of
the Commissioners of the District, and shall be final.
SEC. 18. Upon payment, or offer of payment, to the proprietors of º .
the land of the damages assessed according to the provisions of the #. º
three preceding sections, the title to such land shall pass to and be ed.
vested in the District of Columbia, and the verdict of the jury shall -º-º-, -,
be recorded in the land records of the District. ps: 291, R. S.
SEC. 19. In any of the cases mentioned in the four preceding sec- c. 9pº, ºf the
tions it shall be optional with the Commissioners [school-board] to sº
abide by the verdict of the jury and occupy the land or abandon it, .
without being subject to damages therefor. ps: 292, R. S.
SEC. 20. It shall not be lawful tº locate any site for a school-house nº.º.º.
in any orchard or garden, nor within three hundred yards of any ...” º:
dwelling-house, without the consent of the proprietor of such dwell- ºt.
ing-house, and in order to obtain such consent or refusal thirty days' six-gas t
notice shall be given to the proprietor by the Commissioners [school- sº 293, R. S.
board, notifying him of their intention; and if, within thirty days, º
no answer is returned by the proprietor, it shall be taken for consent,
º the Commissioners [board] may proceed to erect their school-
1OllS62.
SEC. 21. The School ſº of] trustees shall furnish annually, on º * board
or before the 1st day of April, a correct report of their transactions ° “” rustees.
to the Commissioners [governor] of the District. Sec. 296, R. S.
D. C.
SEC, 22. The Commissioners [Governor] shall appoint one super- jº.
intendent of schools for, and a resident of, the county of Washing- ... .”.
e - & *...*.*, appointed by the
ton, and that all laws and ordinances of the portions of the District jssiºne.
of Columbia known, repectively, as the city of Washington, city of their duties.
Georgetown, and county of Washington, in relation to public schools º
5 - - • e tº tº tº 1 Leg. Assem. ,
therein, shall be of full force and effect in each of said, localities, so Aug. 3; Isº.
far as not inconsistent with this act, or any other act of the Legisla- 108, sec. 36, p. 156.
tive Assembly of said District relative thereto : Provided, That the
superintendent, secretaries, and treasurer of public schools in and
for Georgetown and the county of Washington shall perform the
same duties and be subject to the same regulations as are now im-
posed on, and required of, similar officers in Washington.
486 - CHAPTER LVII.—PUBLIC SCHOOLS.
Compensation of SEC. 23. The annual compensation of the officers named in the
º foregoing section shall be as follows, namely: For superintendent
or public schools. º Public Schools] first six divisions, at two thousand seven hundred
Ibid., Sec. 37... dollars; superintendent seventh and eighth divisions, at two thou-
*5 Stat., p. 800 sand two hundred and fifty dollars. *
Superintendent SEC. 24. There shall be a superintendent of schools for colored
㺠°3;aë. children, who shall be appointed by the Commissioners ſº
C † and hold office during their [his] pleasure, and who shall receive a
Sec. 804, R. S. salary of two thousand two humdred and fifty} [two thousand five
. C. - humdred] dollars annually. ]. -
tºº, SEC. 25. It shall be the duty of the proper authorities of the Dis-
º tº."... trict to set apart each year from the whole fund received from all
apart for colored sources by Such authorities applicable to purposes of public education
schools. in the cities of Washington and Georgetown such a proportionate
sec. 306. R. S. part of all moneys received or expended for School or educational
D. C. & purposes in Said cities, including the cost of sites, buildings, improve-
ments, furniture, and books, and all other expenditures on account
of Schools, as the the colored children between the ages of six and
Seventeen years in the respective cities bear to the whole number of
children, white and colored, between the same ages, for the purpose
of establishing and sustaining public schools in said cities for the
education of colored children; and such proportion shall be ascer-
tained by the last reported census of the population of said cities
made prior to such apportionment, and shall be regulated at all times
thereby. [See § 115, R. S. D. C.] - -
Commissioners SEC. 26. It is made the duty of the Commissioners [trustees] to
to est a b l is h te tº - *
jojoſei provide suitable rooms and teachers for such a number of schools in
children. Washington and Georgetown as, in their opinion, will best accom-
Sec. 310. R. S. modate the colored children in the various portions of said cities.
pºº “º ~ *
PROVISIONS RELATING TO LAND CONVEYED BY THE UNITED STATES
- EOR SCHOOL PURPOSES. :
..º.º.º. SEC, 27. The lot of land marked upon the plan of the city of Wash-
given by the . * e
jºij sites"; ington as lot number fourteen, in square number two hundred and
school purposes sixty-three, which was conveyed to said city by the Commissioner of
not to be diverted. Public Buildings, under authority of an act of Congress dated June
sec. 317 E. s. fifth, eighteen hundred and sixty, for the use of the public schools
D.C. 3. in said city, shall not be sold, assigned, or conveyed or diverted for
any other purpose except as provided in the following section.
Sale of part ºf SEC. 28. The proceeds of that portion of lot number fourteen, in
lot º: square number two hundred and fifty-three, which was authorized
É.i." “to be sold by an act of Congress dated Juné fourth, eighteen hun-
t dred and seventy-two, shall be invested by the authorities of the
pº * * * District in another lot or part of a lot in the city of Washington, and
• \–’s in improvements thereon; and the property so purchased shall be
used for the purpose of the public schools, and for no other purpose.
Certain lots SEC. 29. The lots of land numbered one, two, and eighteen in
§º: square number nine hundred and eighty-five, in the city of Wash-
yeri iſ tº nºted ington, which were designated and set apart by the Secretary of the
* Fixed by annual appropriations. 'The superintendent of the seventh and eighth divisions is Super-
intendent of colored schools. -
+ Fixed by annual appropriation. - .
# The offices of school trustees of white and colored children and superintendents of schools
were consolidated by order of the Commissioners, passed, respectively, Sept 9, 1874, and June 22, 1875.
CHAPTER LVII.-PUBLIC SCHOOLS. 487
Interior to be used for colored schools, and conveyed to the trustees States whenever
of colored schools for the cities of Washington and Georgetown, by tº any other
the Commissioner of Public Buildings, under authority of an act of P*
Congress dated July twenty-eight, eighteen hundred and sixty-six, . Sec. 319, R. S.
for the sole use of schools for colored children in the District of P. 9.
Columbia, shall, if converted to other uses, revert to the United
States.
SEC. 30. That parcel of land marked and designated upon the map lº"W.;
of the city of Washington as part of lot number eleven, in square ton set apart ...
number one hundred and forty-one, begining at the northwest corner clusively for
of said lot, and running thence due south on the west line of said School purposes.
square, fifty feet; thence due east, thirty feet; thence due north, Sec. 320, r. s.
fifty feet; thence due west on the north line of said square, to the D. C.
point of beginning, and also that piece of land marked and desig- ...#June, 1873.ch.
nated upon said map as a public reservation, located between Eighth ***P*
and Ninth streets and Kstreet and Virginiãavenue southeast, known
as the Anacostia engine-house, together with the buildings and
improvements thereon, are severally set apart and appropriated for
the use of the public schools in the city of Washington, so long as
they shall be occupied for that purpose, and no longer.
SEC. 31. The nature of alcoholic drinks and narcotics, and special º drinks
instruction as to their effects upon the human system, in connection º 㺠-
with the several divisions of the subject of physiology and hygiene, to be compulsory
shall be included in the branches of study taught in the common Or in public schools.
public schools, and in the Military and Naval Schools, and shall be May 20, 1886
studied and taught as thoroughly and in the same manner as other ºf stat. 3. ch.
like required branches are in said schools, by the use of text-books 362, sec. 1.
in the hands of pupils where other branches are thus studied in said
schools, and by all pupils in all said schools throughout the Terri-
tories, in the Military and Naval Academies of the United States,
and in the District of Columbia, and in all Indian and colored Schools
in the Territories of the United States. - -
SEC.,32. It shall be the duty of the proper officers in the control of a Fº :
any school described in the foregoing section to enforce the provi- # 㺠int
sions of this act; and any such officer, School director, committee, ishment for fail-
Superintendent, or teacher who shall refuse or neglect to comply with ure to comply.
the requirements of this act, or shall neglect or fail to make proper Toid...sec. 2
provisions for the instruction required and in the manner specified • * ~vºv - re -
by the first section of this act, for all pupils in each and every school
under his jurisdiction, shall be removed from office, and the vacancy
filled as in other cases.
SEC. 33. No certificate shall be granted to any person to teach in . Teachers' certif-
the public schools of the District of Columbia or Territories, after ºnly be
the first day of January, anno Domini eighteen hundred and eighty- Hºtel €2X-
eight, who has not passed a satisfactory examination in physiology ge *
and hygiene, with special reference to the nature and the effects of Tbid. Sec. 3.
alcoholic drinks and other narcotics upon the human system.*
SEC. 34. Hereafter the janitors of the principal school buildings, º addi-
in addition to their other duties, shall do all minor repairs to build º' "º
ings and furniture, glazing, fixing seats and desks, and take care of Fº, lº
the heating apparatus, and shall be selected with reference to their "º", *
qualifications to perform this work.
SEC. 35. Teachers of night schools may also be teachers in the day .....”.º.º.
might and day
schools. f. schools.
July 18, 1808. 25 Stat., 321.
* It is unlawful to molest or disturb, any of the public schools in the city of Washington, or any
teacher or assistant teacher thereof, while in discharge of their duty, under penalty of a fine of not
less than $5 or more than $10. Webb’s Digest, sec. 18, p. 325. -
+ By act of Congress Mar. 3, 1891, 26 Stat., ch. 546, p. 1062, 2 Sup. R. S., p. 932, the Commissioners
are required to report to Congress an estimate of the number, etc., of all teachers. ,”
488 CHAPTER Lv11.-PUBLIC SCHOOLS.
Number of SEC. 36. For teachers, not to exceed seven hundred and forty-five
º, s #: in number, including teachers of manual training schools, to be
ë.o., employed at a rate of compensation not to exceed the rate provided
report. by the present schedule of salaries, and at an average salary nôt to
exceed six hundred and eighty dollars, five hundred and six thousand
six hundred dollars; and no increase in salaries paid to teachers in
grades now receiving one thousand dollars or more, except in cases
of promotion to fill vacancies occurring before or after the passage
of this act and except in Salaries to principals of normal, manual
training, drawing and country schools, and no increase in the number
of teachers in any of such grades exclusive of principals of such
normal, manual training, drawing and country Schools, shall be made,
and the minimum compensation shall not be less than at the rate of
three hundred dollars per annum, and the names of and actual com-
pensation paid to each teacher under this provision shall be reported
to Congress at the beginſling of each regular session by the Com-
No discrimina- missioners: Provided, That in assigning Salaries to teachers, no
tion in sex. discrimination shall be made between male and female teachers
Mar. 2, 1889. employed in the same grade of school, and performing a like class of
25 Stat.,800. duties; and the Commissioners are directed to report to Congress at
its next session an estimate of the number of teachers required in
each of the grades and classes of the schools in the District, and the
amount of salary for each of the teachers in each and all of the
grades and classes of the schools in the District for the fiscal year
eighteen hundred and ninety one. -
School sites to SEC. 37. Hereafter the Commissioners in making purchases of sites
be purchase d for schools or other public buildings shall do so without the employ-
without employ. ment of agents or through other persons not regular dealers in real
ling agentS. estate in the District of Columbia, or through such regular dealers
Ibid. who have not had the property for sale continuously from the date
of the passage of this act, and in no case shall commission be paid
to more than one person or firm greater than the usual commission.
Condemnation SEC. 38. The Commissioners shall have all the powers conferred
powers of the on the Secretary of the Treasury and other officers of the United
° States by the act of August first, eighteen hundred and eighty-eight,
125Stat., ch. 728, entitled “An act to authorize condemnation of land for sites of public
p. 357. buildings, and for other purposes,” for the condemnation of land
for sites for School buildings, engine houses, and for police stations;
Application for such proceedings shall be filed in the supreme court
of said District, by the attorney thereof, under such orders as said
court may prescribe in such cases.
Inspector of SEC. 39. The plans and specifications for each of said buildings,
buildings to pre- and for all other buildings provided for in this act, shall be prepared
Pºe Plans, etc. by the inspector of buildings of the District of Columbia, and shall
Ibid. be approved by the Architect of the Capitol and the Commissioners
of the District, and said buildings shall be constructed by the Com-
missioners in conformity there with.
Establishment of SEC. 40. That the Board of Trustees of Public Schools of the city
a hºma!...sºhºol of Washington be, and is hereby, authorized to establish a normal
*********** school in the Franklin School building, for the special education of
education of -, * 8.5 * > *
teachers. advanced pupils who are to become teachers in the public schools of
-- said city.
3 Leg. Assem.. -
ch. 8, Sec. 1, p. 50. June 23, 1873.
Principal teacher SEC. 41. The board of trustees be authorized to employ a teacher
tºº of said school, [at a salary not exceeding fifteen hundred dollars per
normal school. - • * -- --. : - - - e
annum, payable in monthly instalments, as the salaries of other
CHAPTER LVIII.-REAL ESTATE.
489
teachers of the public schools are paid : Provided, That no further
expense shall be incurred by this act than is now required for teachers
in the public schools for the year ending June thirtieth, eighteen
hundred and seventy-four.]* * i
SEC. 42. That the board of trustees shall have power to make all
necessary rules and regulations for the Organization and government
of the normal school, to prescribe the course of study to be pursued
therein, and to fix terms for the admission and graduation of pupils:
Provided, That the graduates of this school shall have preference in
* . when appointments of teachers for the public schools are to
€ IllabCl6). -
SEC. 43. The Trustees of the Public Schools of the District of
Columbia shall not organize or establish any more schools in any
school district at the beginning of the school year than one for every
fifty-two pupils attending School during the preceding year in said
district, and no school shall be organized or established in any district
after the beginning of the School year until the pupils attending
school in such district shall be sufficiently in excess of fifty-two
Ibid., Sec. 2.
Board of school
trustees to make
rules and regula-
tions, and to pre-
Scribe course of
study.
Proviso.
Ibid., sec. 3.
Restriction as to
Organization and
establishment of
schools.
June 26, 1873.
3 Leg. Assem.,
ch. 27,sec.2, p.79.
pupils for each School to allow fifty pupils for such new school as
may be organized or established.
* The salaries of all teachers fixed by annual estimates and appropriations by Congress.
CHAPTER FIFTY-EIGHT
REAL ESTATE,
CONVEYANCE OF. CONVEYANCE FOR RELIGIOUS PURPOSES.
Sec. Sec. r
1. Deeds to be recorded. 15. When conveyances not void for
2. Acknowledgment of deed; before want of trustees to take and hold.
whom may be made. 16. Certain estates shall not pass except
3. Same subject; commissioner of deeds by deed recorded.
throughout the United States; how 17. Same subject; appointment of trus-
appointed; term of office; repeal. tees. | -
4. Same subject; certificate of acknowl- 18. Who may sue and be sued in relation
edgment. ... • to title, etc.; suits not to abate, etc.
5. Same subject; certificate to official 19. Limitation to use of land for reli-
character of officer when not com- gious purposes.
missioner of deeds. 20. Gifts and devises to religious congre-
6, Same subject; when made in foreign gations, etc.
countries. -
7. Same subject; certificate of officer QUIETING LAND TITLES.
when not made before secretary of 21. Certain deeds not to be invalid for
legation, etc. want of certain formalities.
8. Same subject; when made in foreign 22. Defective acknowledgments cured.
countries, etc. 23. Same subject; as to any made by
9. Deeds entitled to be recorded to take married women.
effect on delivery to recorder as 24. What acknowledgment by married
against creditors, etc. . woman sufficient to bar dower.
10. Preferences in record of two or more 25. When power of attorney of married
deeds to same property. woman sufficient to pass title to
11. Title-bonds or other contracts in re- lands. *
lation to land, when may be re- 26. Record and copies (Sec. 21) of deeds;
corded; effect of as to notice to sub- evidence; same subject. (See Note
sequent purchasers. to this section.)
12. When married woman party to deed; 27. Construction of certain acts as to ac-
privy examination necessary. knowledgments, and record, of
13. Same subject; certificate of officer. deeds.
14. Same subject; effect of deed so ac- 28. What sufficient to express acknowl-
knowledged by married woman. edgment of deed.
- 490
CHAPTER Lwin-REAL ESTATE.
Deeds to be Te-
corded.
Sec. 440, R. S.
D. C.
May 31, 1882.
4 Stat., 520.
30.
visions of this chapter.
. Implied warranty,
Sec.
29.
Certain exceptions as to parties non-
resident or absent parties to deeds
abrogated, etc. (Note.)
Certain acknowledgments made in
foreign countries made valid;
proviso. *
. Conveyances shall be good without
attOrnment.
. Tenant shall not be prejudiced until
notified of conveyance.
. Warranty by tenant for life void
against heir.
. Will of donor, in gifts entail, shall
be observed; limitation of aliena-
tion; reversion. *
. As to gifts hereafter made, sections
33 and 34 are in force.
what words
Create, wº
Sec.
37.
38.
39.
40.
41.
42.
43.
Records relating to property shall be
open to the public.
When lands escheat. (NOTE.-Cred-
itors of intestate; when lands es-
cheat; how paid.)
SUBDIVISION OF LAND.
Platting and subdivision of land; re-
cording same.
When streets, avenues, and alleys be-
come public property. -
Right of way for extension of streets.
Same subject; orders of Commis-
sioners. -
Future subdivisions to be in accord-
ance with general plan of city of
Washington. (NOTE.-Boundaries
of land; Potomac flats.) *-
CONVEYANCE OF.
SEC. 1. The recorder of deeds shall admit to record any deed for
the conveyance of real estate or interest therein within the District,
or declaring or limiting any use or trust of any such real estate,
Which is executed, acknowledged, and certified according to the pro-
14 Feb., 1863, ch, 34, sec. 1, v. 12, p. 651.
Before whom
deeds may be ac-
knowledged.
[See § 467, Recorder of Deeds, R. S. D. C.]
SEC. 2. Acknowledgments of deeds may be made before any of
the following-named officers of the State, district, county, or Terri-
tory within the United States, in which the person making the deed
Sec. 441, R. S. may be, namely:
"iMay issa, ºn First. Before any judge of a court of record and of law.
112, sec.'ſ v. 4, p. Second. Before any chancellor of a State. -
520. ' ' Third. Before any judge of the supreme, circuit, district, or terri-
16 Sept., 1850, torial courts of the United States.
º i. *ś Fourth. Before any justice of the peace.
15.3 sº Fifth. Before any notary public.
5 5 '* Sixth. Before any commissioner of the circuit court of the district,
315. e
8 Apr., 1864, ch. appointed for that purpose.” [See § 1778, R. S. U. S.]
51, Sec. 5, v. 13, p.
44. 25 Mar., 1870, ch. 31, v.16, pp. 77,78.
SEC. 3. The President of the United States is hereby authorized
to appoint as many commissioners of deeds throughout the United
States as he may deem necessary, with powers to take the acknowl-
edgment of deeds for the conveyance of property within the said
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. Said commissioners of deeds to hold
their offices for the period of five years, removable at discretion. All
laws and parts of laws inconsistent with any of the provisions of this
1 sup. R. S. U. act be, and the same are hereby repealed.
S., 337. June 7, 1878. 20 Stat.,101, sec. 5. .
Commissioners
of deeds.
Appointment.
Term of Office.
Repeal.
1...” SEC. 4. The officer taking an acknowledgment shall annex to the
deed a certificate under his hand and seal to the following effect :
Sec. 442, R. S.
County, [or city, &c.,] to wit:
"ima 1832, ch I, A, B, a justice of the peace, [or other prescribed officer, giving
11:...'...} ... his title, in and for the county, [or city, or parish, or district,
52ſ. ' ' ' ' ' aforesaid, in the State [or Territory, or district] of , do hereby
20 Apr., 1838, ch. certify that C D, a party [or C D and E F, &c., parties, to a cer-
% Sec. 1, Y. W. P. tain deed, bearing date on the – day of , and hereunto
* For commissioners of deeds for District of Columbia, see next section.
CHAPTER LVIII.-REAL ESTATE. 491
annexed, personally appeared before me in the county [or city, &c.] ...G. Mackey Rep.,
aforesaid, the said C D, [or C D and E F, &c.,] being personally * 1, Black vs.
* * * *** * A Al- º man; 123 U. S.
well known to me, as [or proved by the oaths of credible witnesses Rep., 306, Hitz vs
before me to be] the person [or persons] who executed the said deed, jeńs. ' e
and acknowledged the same to be his [her, or their] act and deed.
Given under my hand and seal this — day of —
A. B. [SEAL.]
SEC. 5. When acknowledgments are made beyond the limits of º: olºgia char:
the District within the United States, the certificate of the same ...g. *.cº.
shall be accompanied by a certificate of the register, clerk, or other edgment.
public officer having cognizance of the fact, under his official seal, Sec. 443, R. S
that, at the date of the acknowledgment, the officer taking the same p. * 1. * *
was, in fact, the officer he purported to be.*
SEC. 6. Deeds made in a foreign country may be executed and Agknowledg-
acknowledged before any judge or chancellor of any court, master, . in a foreign
or master extraordinary in chancery, or notary public, or before any “"“”
secretary of legation or consular officer of the United States. Sec. 444, R. S.
[See § 1750. R. S. U. S.] D. C.
31 May, 1832, ch.
112, Sec. 1, W. 4, p. 521. 18 Aug., 1856, ch. 127, sec. 24, v.11, p. 61.
SEC. 7. When acknowledgments are made before an officer in a Official charac-
foreign country other than a secretary of legation or consular officer #. of foreign of-
of the United States, the official character of the person taking the * -
acknowledgment shall be certified in the manner prescribed in sec- Sec. 445, R. S.
tion four hundred and forty-two. *;a
SEC. 8. All acknowledgments of deeds and other instruments of . Foreign ac-
writing under seal heretofore made in a foreign country, before any nºwledgments of
secretary of legation, consul or consular officer of the United States, *
for lands lying in the District of Columbia, are hereby validated
and confirmed, and the same, and the records of the said deeds and
instruments, if the said deeds and instruments have been recorded,
are declared to be as good and effectual, in behalf the grantees therein
named, and all persons claiming through or under them, as if the
said acknowledgments and records had been respectively made and
recorded under the provisions of existing laws: Provided, That Proviso.
nothing in this act shall be construed [to] divest just rights aiready Mar. 3, 1870.
acquired in good faith by creditors of or purchasers from the grantors 20 stat., 353.
in such deeds or instruments. • - Sup. R. S., 451.
SEC. 9. All deeds, deeds of trust, mortgages, conveyances, cove- ... Deeds, etc., en-
mants, agreements, or any instrument of writing which by law is tºº, tº be ºr
entitled to be recorded in the office of the recorder of deeds, shall : º,
& e i- y to
take effect and be valid, as to creditors and as to subsequent pur- recorder, "as
chasers for valuable consideration without notice, from the time against creditors,
when such deed, deed of trust, mortgage, conveyance, covenant, etc. &
agreement, or instrument in writing shall, after having been **PP*
acknowledged, proved, or certified, as the case may be, be delivered Apr. 29, 1878.
to the recorder of deeds for record, and from that time only ; and 39 Stat; 39. ...
the recorder of deeds shall note on each deed or other instrument of łºgº º:
writing required by law to be recorded, the day and hour of delivery 44%.”,”; º;
of the same to him to be recorded. That this section [act] shall not pealed. s
be so construed as to affect any deed or other instrument of writing 6 Mackey Rep.,
heretofore recorded. - #. º ‘US.
SEC. 10. If two or more deeds containing the same property, after Preferences in
having been acknowledged, or proved and certified, be delivered to record.
the recorder for record on the same day, that which shall have been Sec. 448, R. S.
first sealed and delivered shall have preference in law. T). C. y
20 Apr., 1838, ch. 57, sec. 2, v. 5, pp. 226,227.
* Exception in favor of commissioners of deeds appointed by the President, 6 Mackey Rep., 459,
Chafee vs. Blatchford.
492 CHAPTER LVIII.—REAL ESTATE,
Title-bonds or SEC. 11. Any title-bond, or other written contract in relation to
contract land, may be proved, acknowledged, certified, and recorded, in the
Sec. 449, R. S. same manner as deeds for the conveyance of land ; and Such proof
D. C. or acknowledgment, and certificate, and the delivery of such bond
jºid. see: *, P. or contract to the recorder of deeds for record, shall be taken and
& AJ e held to be notice to all subsequent purchasers of the existence of
such bond or contract.
Wºº. SEC. 12. When any married woman shall be a party executing a
*r •TVr - * . tº
wº º "...º deed for the conveyance of real estate or interest therein, and shall
.nic. ºeces. Only be relinquishing her right of dower, or when she shall be a
sary. party with her husband to any deed, it shall be the duty of the officer
s. ſºn, p. s. authorized to take acknowledgments, before whom she may appear,
G.C. 450, R. S. tº * º S * - - - * >
D. C. to examine her privily and apart from her husband, and to explain
31 May, 1832, ch, to her the deed fully.
112, Sec. 2, V.4, p.
521. 20 Apr., 1838, ch, 57, sec. 4, v. 5, p. 227, 123 U.S. Rep., 297, Hitz vs Jenks.
Certificate, when SEC. 13. If, upon such privy examination and explanation, she
wife : P. shall acknowledge the deed to be her act and deed, and shalldeclare
º: that she had willingly signed, sealed, and delivered the same, and
deed, etc. . that she wished not to retract it, the officer shall certify such exami-
sec. 451, Rºs nation, acknowledgment, and declaration by a certificate annexed
D º * * * to the deed, and under his hand and seal, to the following effect :
6 Mackey Rep., county, [or city, &c.,] to wit: -
131, Black vs. I, A B, a justice of the peace, ſº other prescribed officer, giving
Aman; 128 U. S. title, in the county [or city, &c. §ºid. in the State [or Terri-
Rep., 301. tory, &c.] of , do hereby certify that C D, the wife of E F,
#. to a certain deed bearing date on the day of and
ereunto annexed, personally appeared before me in the county [or
city, &c.] aforesaid, the said C É being well known to me as [or
proved by the oaths of credible witnesses before me to be] the per-
son who executed the said deed, and being by me examined privily
and apart from her husband, and having the deed aforesaid fully
explained to her, she, the said E. F., acknowledged the same to be her
act and deed, and declared that she had willingly signed, Sealed,
and delivered the same, and that she wished not to retract it. Given
under my hand and seal this day of te
A. B. [SEAL.
Effect of deed as SEC. 14. When the privy examination, acknowledgment, and decla-
to married woman
- ration of a married woman is taken and certified and delivered to
after privy ex- * º tº e
amination and the recorder of deeds for record, in accordance with the provisions
acknowledgment of this chapter, the deed shall be as effectual in law as if she had
t 2. TET's deen an unmarried woman, but no covenant contained in the deed
Sec. 452, R. S. © e
, C. shall in any manner operate upon her or her heirs, further than to
128 U. S. Rep., convey effectually her right of dower or other interest in the real
301, Hitz vs. Jenks, estate which she may have at the date of deed. [See §§ 727-780, R. S. D. C.)
CONVEYANCE FOR RELIGIOUS PURPOSES.
a.º.º. SEC. 15. Where any conveyance or devise of real estate is made
J. ºrje. for the use and benefit of any religious congregation as a place of
`- public worship, such conveyance or devise shall not be void or frus-
pº * * * frated by reason of the want of trustees to take and hold the same
iſ june,1844, ch. in trust, but trustees may be appointed as provided in the following
101, Sec. 2, v. 5, p. Section. [See § 17 of this chapter.]
679.
Certain estates SEC. 16. No estate of inheritance or freehold or any declaration or
shall nºt pass ex limitation of use, or any estate for above seven years, shall pass or
º:dº **** take effect, except the deed or conveyance by which the same shall
e be intended to pass or take effect, shall be acknowledged in the pro-
CHAPTER LVIII.-REAL ESTATE. ... 493
vincial court, or before one of the justices thereof in the county . Md. act 1766, ch.
Court, or before two justices of the same county where the lands, 14, i. 2. e
tenements or hereditaments, conveyed by such deed or conveyance #;"
do lie, and be also enrolled in the records of the same county, or the 3 Maćkey Rep.,
provincial court, as the case may be, within six months” after the 416, U.S. vs. How:
date of such deed or conveyance; and, for the taking which acknowl- ºf
edgment there shall be paid to the party or parties taking the same, §º 3. ; :
the sum of one shilling and no more; and the clerk of the provincial, i..." is w;
or county courts, shall, immediately upon the receipt of such deed vs. McIntire; 31
or conveyance, endorse thereon the time of his receiving the same, Md. Rep., 111,
and shall well and truly, in a fair, full and legible hand-writing, º: Rºynold;
enroll such deed or conveyance in a good sufficient book in folio, to A. º º
be regularly alphabeted in the names of all and every of the parties TTGiii andji.e.
to the same, and the name of the land, and quantity of acres, which 450, Anderson vs.
book shall remain in the custody of the said clerk of the said pro- Critcher.
vincial, or county court; and the clerk aforesaid shall, on the back
of every such deed or conveyance, in a full legible hand, make a
certificate of such enrollment, and the time of making it, and also of
the folio of the book in which the same shall be enrolled, and shall
to such certificate set his hand.
SEC. 17. When such conveyance or devise is made, whether by , Appointment of
the intervention of trustees or not, the supreme court of the district "º.
shall, on application of the United States attorney, on behalf of the Sec. 454, R. S.
authorities of any such congregation, have power to appoint trus- D.C. t
tees, originally, when there are noné, or to substitute others, from *** *
time to time, in cases of death, refusal, or neglect to act, removal
from the District, or other inability to execute the trust bene-
ficially and conveniently; and the legal title shall thereupon become
exclusively vested in the whole number of the trustees and their
successórs.
SEC. 18. The majority of the acting trustees for any such congre- Who may sue
gation may sue and be sued in their own names, in relation to the and, be sued...in
title, possession, or enjoyment of such property, without abatement ºtion to title,
by the death of any of the trustees, or substitution of others; and “sec. 155. R. S
the action or suit may be prosecuted to its final termination in the D. C. " " ' "
names of the trustees by or against whom the same was instituted, 17 June,1844,ch.
and all other proceedings had in relation thereto, in like manner as 9, . 4. Y. 3. Pp.
if such death or substitution had not occurred. 679, 68().
SEC. 19. Land, authorized to be conveyed and held subsequent to Limitation touse
June seventeenth, eighteen hundred and forty-four, and prior to May of land for re-
fifth, eighteen hundred and seventy, for the uses of any religious con- *P*P*
gregation, in quantity not exceeding fifty acres ifin the District outside Sec. 456, R. S.
of the cities of Washington and Georgetown, nor exceeding three acres, D.C.
if in either of said cities, shall not be held by the trustees of such con- ; Piº #
gregation for any other use than as a place of public worship, religious sº º's s: 16 º
or other instruction, burial-ground, or residence of their minister. 99. ` ]).
[See §§ 538, 589, class 2, corporations, R. S. D. C.] -
SEC. 20. The thirty-fourth section of the Declaration of Rights of Gifts and devises
the State of Maryland, adopted seventeen hundred and seventy-six, to religious con-
so far as the same was recognized and adopted in the District prior gregations, etc.
to July twenty-fifth, eighteen hundred and sixty-six, is repealed and Sec. 457. R. S.
annulled, and all sales, gifts, and devises prohibited by said section, D.C. &
or by any law, passed, in accordance therewith, are, when made, sº "..."
valid and effectual: Provided, That, in case of gifts and devises, the * * *P. “
same shall be made at least one calendal month before the death of
the donor or testator.
* By Nov., 1779, ch. 10, they are to be calendar months.
494. *. CHAPTER LVIII.—REAL ESTATE
QUIETING LAND-TITLES.
..º. º: SEC, 21. No deed or conveyance of squares or lots of public land in
want of certain the city. of Washington made in pursuance of law prior to March
formalities. third, eighteen hundred and sixty-three, by the commissioner of
sec. 458, R. S public buildings, or, any other authorized, officer, shall be deemed
* * * * invalid in law, for the want of an acknowledgment by the commis-
3 Mar, 1863, ch. Sioner or other authorized, officer before, such judicial officers as
115, v. 12, p. 807, deeds of real property made between individuals are required by
law to be acknowledged.
Defective ac- SEC. 22. All deeds and acknowledgments recorded in the land-
knowledgments records of the District prior to March third, eighteen hundred and
* - sixty-five, of any of the following classes, namely:
Sec. 459, R. S. First. All deeds which have been executed and acknowledged by
D.& ... 1865, Cl married women, their husbands having signed and Sealed the same,
tº º ; ºveying any real estate or interest therein, situated in the
pp.’53.333, District. ſº
Pl - - Second. All acknowledgments of deeds which have been made by
married women, whether they have executed the deed or not, for
the purpose of releasing their claims to dower in the lands described
therein, situated in the District, in which acknowledgments the form
prescribed by law has not been followed.
Third. All deeds which have been executed and acknowledged by
an attorney in fact, duly appointed for conveying real estate situ-
ated in the District.
Fourth. All deeds executed and acknowledged, or only acknowl-
edged by such attorney in fact, for conveying real estate situated in the
District, as to which the acknowledgment was made before officers
different from those before whom proof of the power of attorney
was made, and as to which the power of attorney was proved before
only one justice of the peace; -
Fifth. All deeds for the purpose of conveying land situated in the
District, acknowledged out of the District, before a judge of a United
States court, or before two aldermen of a city, or the chief magistrate
of a city, or before a notary public; . . -
Sixth. All deeds for the purpose of conveying land situated in the
District, acknowledged by an attorney in fact, duly appointed, or by
an officer of a corporation, duly authorized, who has acknowledged
the same to be his act and deed, instead of the act and deed of the
grantor or of the corporation; and,
Seventh. All deeds for the purpose of conveying land situated in
the District to which there is not annexed a legal certificate as to the .
official character of the officer or officers taking the acknowledgment,
are declared to be of the same effect and validity to pass the fee-
simple or other estate intended to be conveyed, and bar dower in
the real estate therein mentioned in favor of parties in actual pos–
session, claiming under and through Such deeds—
First. As if such deeds had been by such married women executed
and acknowledged, or acknowledged in case of a dower right, in the
form prescribed by law;
Second. As if such deeds had been executed and acknowledged by
the grantor in the deed;
Third. As if such power of attorney had been proved before the
officer or officers taking the acknowledgment; -
Fourth. As if such power of attorney had been proved before two
justices of the peace;
Fifth. As if such acknowledgment had been made before any judge
of a State court, or before two justices of the peace;
Sixth. As if such attorneys-in-fact or officer of a corporation had
acknowledged the deed to be the deed of the grantor or of the cor-
poration; - *
CHAPTER LVIII.-REAL ESTATE, 495.
Seventh. As if such deeds had thereto annexed a certificate, in
legal form, that the officer or officers taking the acknowledgment
were really what they purport to be.
SEC. 23. In cases mentioned in the preceding section the certificate Privy acknowl-
of acknowledgment by a married woman must show that the acknowl-edgments.
edgment was made “apart” or “privily’ from her husband, or use Sec. 460, R. S.
some other term importing that her acknowledgment was made Out D. C. -
of his presence, and also that she acknowledged or declared that she , , ; Mar., 1865, ,g.
willingly executed or that she willingly acknowledged the deed, or º § v. 13,
that the same was her voluntary act, or to that effect. pp. Oö1, 032.
SEC. 24. Any acknowledgment made by a married woman of any What acknowl-
deed executed by her husband, and recorded as mentioned in section ºment ºx nº-
four hundred and fifty-nine,” shall be good and effectual to bar all ...
claim on her part to dower in the lands described therein, situated Tº . ." . .
in the District, although she shall not have executed the same. ps: 461, R. S.
Ibid., sec. 3, p. 532.
SEC. 25. When the power of attorney mentioned in section four When power of
hundred and fifty-nine is executed by a married woman, the same attorney .
shall be effectual and sufficient if there is such an acknowledgment º'.”: "º
e - e ‘º sº to pass t it le to
of the same as would be sufficient, under the provisions of this chap-injuïcient.
ter, to pass her estate and interest therein were she a party executing 2. R. s
the deed of conveyance. pº 462, R. S. .
Ibid., sec. 1, p. 532.
SEC. 26. The record and copy thereof of any deed recorded, as Record and copy
mentioned in section four hundred and fifty-nine, shall be evidence ºf * -
thereof, in the same manner and shall have the same effect as if such Sec. 463, R. S.
deed had been originally executed, acknowledged, and recorded D.C.
according to law.f - Ibid.
SEC. 27. The acts of Congress approved May thirty-first, eighteen . Construction of
hundred and thirty-two, and April twenty, eighteen hundred and º i. a.S *
thirty-eight, in reference to the acknowledgment and recording of . .#. º
deeds of lands situated in the District, shall be taken and construed deeds.
as cumulative with the acts of Maryland on the same subject in force Sec. 464, R. S
in the District at the passage thereof, and an acknowledgment made D. sº , a. º.
and certified in compliance with any one of said acts, and before any 31 May, 1832, ch.
officer authorized by either of said acts to take an acknowledgment, 112, v. 4, p. 520.
whether in or out of the District, shall be good and effectual. 5 **º ch.
3 Mar., 1865, ch. 110, sec. 3, v. 13, p. 532.
SEC. 28. If in any case it shall appear that the grantor “acknowl- What sufficient
edged said deed,” it shall have the same effect as if he acknowledged i; . tº: -
the deed to be his act and deed. i. edgment of
Sec. 465, R. S. D. C.
SEg. 29. All exceptions in favor of parties beyond the District, ... Certain excep-
which may by laws in force March third, eighteen hundred and ** abrogated.
sixty-five, be replied or relied on in any action or proceeding brought sec. 466, R. s.
in the District, are repealed and abrogated. Í D. C.
24 Stat., 431, Feb. 28, 1887. Ibid., sec. 2, p. 532, 94 U. S. Rep., 778, Hogan vs.
Kurtz; 5 Wallace Rep., 107, Hadden vs. The Collector; 19 Wash. Law Rep., 702, .
Pickering vs. Arrick; ibid., 9 Mackey Rep., 169.
* R. S. D. C.
f As to proof of deed, etc., recorded, see secs. 33, 34, title “ Evidence,” ante.
f This section was made universal in its application by the act of Feb. 28, 1887, 24 Stat., L.481 ; and
absence from the District of Columbia does not suspend the statute of limitations. - -
496. CHAPTER LVIII.-REAL ESTATE,
Certain acknowl- SEC. 30. All acknowledgments of deeds and other instruments of
sº writing under seal heretofore made in a foreign country, before any
§.; secretary of legation, consul, or consular officer of the United States,
foreign countries for lands lying in the District of Columbia, are hereby validated and
made valid. confirmed, and the same, and the records of the said deeds and
instruments, if the said deeds and instruments have been recorded,
are declared to be as good and effectual, in behalf of the grantees
therein named, and all persons claiming through or under them, as
if the said acknowledgments and records had been respectively made
. . . and recorded under the provisions of existing laws : Provided, That
May 3, 18.3 mothing in this act shall be construed [to] divest just rights already
* * * acquired in good faith by creditors of or purchasers from the grantors
in such deeds or instruments,
Proviso -------
*--* ~ * -º-º-º:
Conveyan c e s 12 * * * ; Ol' COILVGV8 ** * * * y Tº C y T. Y
shall be goodwith- SEC. 31. All grants or conveyances thereafter to be made, by fime
.." or otherwise, of any manors or rents, or of the reversion or remainder
of any messuages or lands, shall be good and effectual, to all intents
... .ºrºiº and purposes, without any attºnment of the tenants of any such
ºi... s. manors, or of the land out of which such rent shall be issuing, or of
660, 661. the particular tenants *. whose particular estates any such rever-
sions or remainders shall and may be expectant or depending, as if
their attornment had been had and made.
, Tenant shall not SEC. 32. Provided nevertheless, That no such tenant shall be preju-
* #. diced or damaged by payment of any rent to any such grantor or
IO. O conusor, or by breach of any condition for non-payment of rent,
Veya.In Ce. tº º e -
y º before notice shall be given to him of such grant by the conusee or
Ibid., sec. 10, A. grantee.
D., 1705. -- -
Alex. Brit. Stat., 661. Kilty’s Rep. , 246.
Warranty by SEC. 33. All warranties which shall be made by any tenant for
tenant for lifevoid life, of any lands, tenements or hereditaments, the same descending
‘against heir. or coming to any person in reversion or remainder, shall be void and
Ibid., sec. 21, A. of none effect; and likewise all collateral warranties, which shall be
D. 1705. made, of any lands, tenements or hereditaments, by any ancestor,
º State who has no estate of inheritance in possession in the same shall be
"#. Rep., 246. void against the heir.
In gifts entail SEC, 34. The will of the giver, according to the form in the deed
the donor's will of gift manifestly expressed, shall be from henceforth observed; so
shall be observed; that they to whom the land was given under such condition, shall
º: '... have no power to alien the land so given, but that it shall remain
iºn. 3 unto the issue of them to whom it was given after their deaths, or
shall revert unto the giver, or his heirs, if issue fail (whereas there
l tºº º is no issue at all) or if any issue be, and fail by death, or heir of the
iès: " : * body of such issue failing. (2) Neither shall the second husband of
Alex. Brit. Stat., any such woman, from henceforth, have any thing in the land SO
88..., , given upon condition, after the death of his wife, by the law of
Kilty's Rep. 911. England, nor the issue of the second husband and wife shall suc-
ceed in the inheritance, but immediately after the death of the hus-
band and wife (to whom the land was so given) it shall come to their
issue, or return unto the giver, or his heir, as before is said.
This statute in SEC. 35. The writ whereby the giver shall recover (when issue
force as to gifts faileth) is common enough in the chancery; (2) And it is to wit,
hereafter made. that this statute shall hold place touching alienation of land con-
Ibid., sec. 4, trary to the form of the gift hereafter to be made, and shall not
Alex. Brit. Stat., extend to gifts made before. (3) And if a fine be levied hereafter
99....., upon such lands, it shall be void in the law; (4) neither shall the
**P* heirs, or such as thereversion belongeth unto, though they be of full
age, within England, and out of prison, need to make their claim.
[Altered by 36 H. S. ch. 36.]
CHAPTER LVIII.-REAL ESTATE. 497
SEC. 36. In deeds also where is contained dedi & concessi tale ten- Implied war-
ememtum without homage, or without a clause that containeth war- . by :
ranty, and to be holden of the givers, and their heirs, by a certain ...” “...
* tº to gº g e 2 m ent a feoffer
Service; it is agreed, that the givers, and their heirs, shall be bounden shall be boº,
to warranty. (2) And where is contained, dedi et concessi, &c. to be warranty.
holden of the chief lords of the fee, or of other, and not of feoffors,
or of their heirs, reserving no service without homage, or without , 4 Edward I.ºh.
the foresaid clause, their heirs shall not be bounden to warranty 6:32.1% Pºlº.
g wº !-- ~ l- > º * 2 Alex. Brit. Stat.,
notwithstanding the feoffor during his own life, by force of his own ºft
gift shall be bound to warrant. f Rilty'sec. p.,210.
1 Md. Rep., 225, Georges Co. vs. Detmold; 1 Md. Rep., 525, White vs. Flannigan;
5 Md. Rep., 314, Moale vs. Baltimore; 16 Md. Rep., 35, Baugher vs. Wright; 17 Md.
Rep., 470, Varnum vs. Thruston; 19 Md. Rep., 472, Parkhurst vs. N. C. R. W. Co.
PTUBLIC RECORDS OF.
SEC. 37. Public records which have any reference, or in any way . Records relating
relate, to real or personal property in said District, shall be open to to property shall
the public. ºpen to the
public.
Feb. 6, 1879, 20 Stat., 283.
SEC. 38. Any lands within this District [state, of which any per- When lands es-
son has or shall hereafter die seized in fee-simple, without any heir cheat. -
of the whole blood who could have inherited if he had been a citizen Md. act 1781,ch.
of the United States [subject of this state, or without leaving any 51, sec. 5.
relation of the half blood within two degrees, that is, first cousins, 4 silty, º,
as the same are reckoned by the common law, such lands shali 4 P*Y. *
escheat to the United States [state.]*
SUBIDIVISION OF LAND.
SEC. 39. The Commissioners of the District of Columbia be, and Platting and
they are hereby authorized and directed to make and publish such subdivision of
general Orders as may be necessary to regulate the platting and sub- laº; • Al S
dividing of all lands and grounds in the District of Columbia; and *
no such plat of Subdivision made in pursuance of such orders shall Aug. 27, 1888.
be admitted to record in the office of the surveyor of said District 35 Stat., 451,
without an order to that effect indorsed thereon by the Commis. * *
sioners of said District.
SEC. 40. All spaces on any duly recorded plat of land thereon desig- Streets, ave-
mated as streets, avenues, or alleys shall thereupon become public nues, and alleys.
ways, provided they are made in conformity with the provisions of Tipid, so a
section one of this act, and as such be under the protection of the • 3 ºv've rº' -
laws and Ordinances in force applicable to public roads out of said
city.
SEC. 41. If by the extension of any of the present streets or ave- Right away for
nues, Or the opening of any public way, it becomes necessary to ºsion Of
traverse any grounds now used as a cemetery, or place of burial, the *
Commissioners are hereby empowered to secure a right of way Ibid., Sec. 3.
through the same by stipulation with the proprietors thereof. -
SEC. 42. That the Orders of the Commissioners made pursuant to Orders of Com-
this act shall have the force and effect of law, thirty days subsequent missioners, effect
to the day of publication; and all laws and provisions of laws incon- * -
sistent here with are hereby repealed. Ibid., Sec. 4.
* The omitted part of this section was repealed by the Md. act of Nov., 1781, ch.20, sec. 17; 1 Kilty, 599.
See title “Aliens,” sec.4; 5 How, Rep., 233, Taylor vs. Benham.
When Government will pay creditor of intestate whose lands shall be escheated; see Md. act 1785,
ch. 78, Sec. 2; 2 Kilty, 59; see title “Chancery,” secs. 54, 57,74,93.
32 C S
498 - CHAPTER LIx.—RECORDER OF DEEDS.
\
Future subdi- SEC. 43. No future subdivision of land in the District of Columbia,
VISIOIOS. without the limits of the cities of Washington and Georgetown, shall
Ibid., sec. 5. be recorded in the Surveyors office of the said District unless made
in conformity with the general plan of the city of Washington.*
* Bowmdaries of land.—Bouludaries of land ; perpetuation of evidence of ; procedure for same, see
Md. act 1724, ch. 8, secs. 2.3, 4, 6 ; 1 Dorsey, 61, 62: Thomp. Dig., 107,108; Md. act, 1786, ch. 33, secs. 2, 3,
4, 5, 6 ; 1 Dorsey, 240,241 : º: Dig. 108–111. Md. act, 1787, ch. 22, sec.2 ; 1 Dorsey, 249 ; Thomp. Dig.
114 : Md. act 1793, ch.70, secs. 2,3; 1 Dorsey, 302,303 ; Thomp. Dig 114.
Potomac flats.-For act of Congress relating thereto, see 24 Stats., p.335.
CHAPTER FIFTY-NINE.
RECORDER OF DEEDS,
Sec. Sec.
1. Appointment and duties of. 5. Provisions of previous section not to
2. Deputy ; by whom appointed; his be retroactive.
acts, etc. 6. Rooms to be appropriated for, etc.
3. Vacancy of; deputy can act; proviso 7. When other rooms may be procured.
as to additional costs and fees. 8. Fees of enumerated.
4. Deeds and other instruments to take | 9. Certain records made valid.
g effect, when; day and hour to be | 10. Recorder of deeds to number benev-
noted on deeds, etc. Olent associations, etc.
Appointment SEC. 1. There shall be a recorder of deeds of the District appointed
3. * * * by the President, by and with the advice and consent of the Senate,
COl'Ciel'. who shall record all deeds and other instruments in writing author-
Sec. 467, R. S. ized to be recorded, and perform all requisite services connected
º 1863, ch therewith, and who shall have charge and custody of all the records,
34, see ſ.v. 13, p. papers, and property appertaining to his office.* [See § 90, 144, R. S. D. C.
651. 3 Mar., 1869, ch. 151, sec. 1, v. 15, p. 341. 3 Mar., 1861, Ch. 24, Sec. 5, v. 2, p. 115.
1 Amended Feb. 27, 1877, 19 Stat., 253, Sup. R. S., 258. -
Recorder of SEC. 2. The recorder of deeds for the District of Columbia is author-
dºeds, in Pistºriº ized to appoint a deputy recorder; and all deeds of conveyance, leases,
º: º powers of attorney, and other written instruments required to be
app * filed and recorded, and all copies of instruments and records, and
R., S.; Vol. 3, certificates authorized by law, filed, recorded, made, and certified by
hºok. * the deputy recorder, and shall have the same legality, force, and
ja. ig., 1877, effect as if performed by the recorder.
19 Stat., 222.
Deputy to act in SEC. 3. In case of a vacancy in the office of recorder by death,
case of V*Y resignation, or other cause, the deputy recorder shall act until a
recorder shall be duly appointed and qualified:
No additional Provided, That no additional expense shall be incurred by the
expense or fees al District for said deputy, and no other fees shall be allowed than are
lowed. now provided by law.
Deeds, etc., to SEC. 4. All deeds, deeds of trust, mortgages, conveyances, cove-
take effect on de mants, agreements, or any instrument of writing which by law is
*Y*Yºº entitled to be recorded in the office of the recorder of deeds, shall
as against Credit- "t - * • * ~! : 2
Ors, etc. take effect and be valid, as to creditors and as to subsequent pur-
1 Sup. R. S., 315 chasers for valuable consideration without notice, from the time
A.º. iś. * when such deed, deed of trust, mortgage, conveyance, covenant,
20 stat. 40. agreement, or instrument in Writing shall, after having been acknow-
R. S. D. C.,446, edged, proved, or certified, as the case may be, be delivered to the
447, p.52, repealed. recorder of deeds for record, and from that time only; and the
- recorder of deeds shall note on each deed or other instrument of
writing required by law'to be recorded, the day and hour of delivery
of the same to him to be recorded.
*
* See Sec. 1, title “Conveyance of Real Estate.”
CHAPTER LIX.—RECORDER OF DEEDS. - 499
SEC. 5. This act shall not be so construed as to affect any deed or . Act not retroac-
other instrument of writing heretofore recorded. tive.
Ibid., sec. 2.
SEC. 6. The chief of engineers in charge of the public buildings Rooms to be ap-
and grounds is directed to appropriate such rooms in any of the Propriated.
Fº buildings under his charge for the use of the recorder as may Sec. 468, R. S.
e necessary for his accommodation. [See § 1797, R. S. U. S.] D. ſº b., 1863, ch
- - | 4. € • 3 5 C &
34, Sec. 2, v. 12, pp. 651, 652.
SEC. 7. When rooms cannot be so appropriated without interfering Recorder may
with the business of the departments, the recorder shall procure, º r O O m S ;
with the approbation of the chief of engineers, such rooms, in the "*
city of Washington, as may be necessary for the Security of the Sec. 469, R. S.
records and the convenient transaction of the business of his office. Pº;d
SEC. 8. The legal fees for the services of the recorder shall pe as Fees.
follows, namely: Sec. 470, R. S
For filing, recording, and indexing, or for making certified copy D. & " " "
of any instrument containing two hundred words or less, fifty cents, 3 Mar, 1869, ch.
and fifteen cents for each additional hundred words, to be collected 151, sec.2, v.15, p.
at the time of filing, and when the copy is made. 341.
For each certificate and seal, twenty-five cents.
For searching records extending back two years or less next pre-
ceding current date, twenty-five cents, and five cents for each addi-
tional 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, five cents for each course such
survey may contain.
For filing and indexing any paper required by law to be filed in
his office, fifteen cents. - z
For each examination of title by the party or his attorney, fifty
cents.
For taking any acknowledgment, fifty cents.
SEC. 9. All deeds of conveyance, leases, power of attorney, and Certain records
other written instruments required by law to be filed and recorded, made valid.
and all copies of instruments and records and certificates authorized Sec. 471, R. S.
by law, filed, recorded, made, and certified by William G. Flood, D.C.
as acting register of deeds for the District since the death of Edward ſº Sec. 3, pp.
C. Eddie, a former register, up to the date of the appointment and **
qualification of his successor, are declared to be legally performed,
the same as if the said William G. Flood had been legally appointed
and qualified as register of deeds.
SEC. 10. The recorder of deeds for the District of Columbia, shall Recorder of deeds
number benevolent societies or associations in the order in which forumber benevo"
the certificates of incorporation of said societies or associations have **
been, or may hereafter be, filed for record in his office. Leg. As em. ,
Aug. 23, 1871, Sec. 1, p. 111.
500
CHAPTER Lx.—REGISTER OF WILLS.
Appointment
and duties of regis- who shall take an oath for the faithful
ter.
Sec. 929, R. S.
D. C -
27 Feb.,1801, ch.
15, Sec. 12, v. 2, p.
107.
Bond of register.
Sec. 930, R. S.
D. C.
21 June,1870, ch.
138, sec. 1.
16 Stat. , 160.
Oath of register.
Md. act 1798, ch.
101, sub ch. 15, sec.
11.
2 Kilty, 853.
1 Dorsey,412.
Tenure of Office.
Constitution of
Maryland, sec. 40.
1 Kilty, 21.
Additional duties.
Md. act 1798, ch.
jºi. Sub ch. 15, sec.
2 Kilty,852.
1 Dorsey, 412.
CHAPTER SIXTY.
REGISTER OF WILLS.
Sec. Sec
1. Appointment and duties of register. 11. Fees. }
2. Bond of register. . * 12. Additional fees, when allowed.
3. Oath of register. 13. Table of fees to be posted.
4. Tenure of office. 14. Forfeiture for neglect to post table of
5. Additional duties of. fees. -
6. Additional duties of . $ 15. Penalty for taking excessive fees;
7. May pass accounts, when. how recovered.
8. Shall not practice law. 16. Record books and dockets, allowed.
9. Penalty for charging for advice. 17. Fees limited for pauper estates.
10. Penalty for receiving profits of any
other office. s
SEC. 1. There shall be appointed for the District a register of wills,
and impartial discharge of
the duties of his office, and who shall have all the powers and per-
form all the duties which were exercised and performed by the reg-
isters of wills of the orphans’ court, within the State of Maryland,
prior to the twenty-seventh day of February, eighteen hundred and
One. [See §§ 63, 90, 144, R. S. D. C.]
SEC. 2. The register of wills shall, before he acts as such, give a
bond to the United States, with two or more sureties, to be approved
of by the chief justice of the supreme court of the District, in the
sum of five thousand dollars, faithfully to discharge the duties of
his office and seasonably to record the decrees and orders of the jus-
tice of the Supreme court holding the special term for Orphans' court
business for the District, and all wills proved before him or the
court, and all other matters directed to be recorded in the court or
in the office of the register, which bond shall be entered in full upon
#. ºutes of the court, and the original filed with the records
thereof. .
SEC. 3. Every person hereafter appointed register of wills, before
he acts as such, shall, before the said court, or some judge or jus-
tice, qualify, by repeating and subscribing the declaration aforesaid,
and taking, repeating and subscribing, the aforesaid oaths of alle-
giance and fidelity, and by taking, repeating and subscribing, the
following oath of Office: “I, A. B. do swear, (or solemnly, sincerely
and truly affirm,) that I will diligently, honestly and faithfully,
execute the office of register of wills in — county, according to
the best of my skill and judgment; so help me God.”
SEC. 4. The registers of wills shall hold their commissions during
good behaviour, removable only for misbehaviour on conviction in
a court of law.
SEC. 5. The register of wills shall diligently attend each meeting
of the orphans court and under their direction make full and fair
entries of their proceedings, and shall also make a fair record, in a
strong bound book or books, of all wills proved before him, or the
said court, or authenticated according to this act, and of all other
matters by law directed to be recorded in the said court, or in his
office; he shall make out and issue every summons, process Or Order
of the court, and shall, in every respect, act under their control and
CHAPTER Lx.—REGISTER OF WILLS.
501
direction, as the clerk of a court of law is under the direction of the
said court of law; and he shall give out, and certify under the Seal
of the court, any copy of any part of the proceedings in the court,
or in his office, which any person may demand; and he shall be
entitled to a reward for any service by him done, according to the
table of fees now or hereafter to be settled by law.
SEC. 6. The said register of wills shall attend where the Orphans
court is held, unless prevented by sickness, accident or necessity, for
the dispatch of office business; he shall lodge every Original paper
and record by him made up in some repository of the court-house or
in such other place of safety which the said court may appoint; [the
levy court of the county shall provide and keep in repair the said
repository at the county’s charge.] -
SEC. 7. That the register of wills shall be, and by virtue of this
act they are, authorized and empowered to pass any accounts of the
estates of deceased persons where the amount of the inventory of
such deceased’s estate does not exceed the sum of three hundred and
fifty pounds [$933.33}|: Provided nevertheless, That the orphans
court, at any time within two terms after the passage or rejection of
such accounts, shall have full power and authority to reconsider and
alter or reverse the same : And provided nevertheless, That any one
of the said justices shall have full power and authority to call and
adjourn the said courts.”
SEC. 8. No person, being register of wills shall plead as an attor-
ney at law in any court in the county where he is register of Wills,
for any person Or persons, on any pretence whatsoever; and no reg-
ister of Wills as aforesaid shall exact, extort, demand, take, accept
or receive, from any person whatsoever, any fee or fees, gratuity,
gift or reward, for giving his advice in any matter or thing that will
be transacted in the courts of the county where he acts as register
aforesaid, under the penalty of thirty pounds' [$80]; current money
for every such offence.
SEC. 9. That no register of Wills shall demand, take or receive,
from any person whatever, any fee, gratuity, gift or reward, for
giving his advice in any matter or thing relative to his Office, under
º penalty of fifty pounds current money [$133.33%], for every
OTTéllC6.
SEC. 10. That if any register of wills, register of the chancery
court, or any clerk of the common law courts, shall receive, directly
or indirectly, at any time, the profits, or any part of the profits, of
any office held by any other person during his acting in the Office to
which he is appointed, his election, appointment and commission, on
conviction in a court of law by the oath, or affirmation, of two cred-
ible witnesses, shall be void, and he shall suffer the punishment for
wilful and corrupt perjury, [or be banished this state for ever, or
disqualified for ever from holding any office. or place of trust or
profit, as the court may adjudge,
SEC. 11. There shall be allowed and paid to the register of wills
the following fees:
d º every probate of will, where there is no controversy, one
Ollar ; w
For granting letters testamentary, seventy-five cents;
*When he may take probate of wills, 2 Kilty, 832, act 1798, ch. 101, sub-ch. 2, sec. 6.
Additional duties.
Md. act 1798, ch.
101, Sub ch. 15, sec.
10
2 Kilty,852.
1 Dorsey, 412.
When register
may pass a C-
COunts.
Md. act 1791, ch. -
76, sec. 5.
2 Kilty, 349.
Register shall
not practice law.
Md. act 1786, ch.
10.
2 Kilty, 76.
1 Dorsey, 235.
* See also sec.
837, R. S. D. C.
Penalty for
charging for
advice.
Md. act 1779, ch.
25, sec. 7.
1 Kilty, 504.
Penalty of regis-
ter for receiving
profits of a ny
Other office.
Constitution of
Maryland, sec. 53.
1 Kilty, 22.
Fees of register.
Sec. 931, R. S.
D. C.
May 26, 1824, ch.
191, sec. 1.
502
CHAPTER Lx.—REGISTER OF WILLS.
4 Stat., pp. 71,
73
June 25, 1864
Ch. 158.
13 Stat., 194.
Annexing will, for one hundred words, twelve and one-half cents;
For recording wills and other instruments, fifteen cents per folio
of one hundred words;
For granting letters of administration, seventy-five cents;
Every bond taken of executors, administrators, or guardians, and
recording the same, one dollar and fifty cents;
For filing and entering renunciation of executors, or widows,
twenty-five cents; -
For exemplification of letterstestamentary, or letters of administra-
tion, under seal, One dollar ;
For issuing warrant, under seal, to appraisers, and warrant to
swear them, fifty cents; - -
For notice of administrators to creditors, and orders thereon, fifty
cents;
For entering caveat, twenty-five cents;
For issuing citation, under seal, fifty cents : -
For administering every Oath or affirmation, six and one-fourth
cents;
For filing list of articles appraised, twenty-five cents;
For filing list of articles sold at vendue, twenty-five cents;
Forrecording the same, (if ordered by the court,) for every hundred
words, fifteen cents;
For stating, passing, and filing the account of an executor, admin-
istrator, or guardian, not exceeding seventy-five items, three dollars;
every, additional item, two cents;
For examining vouchers, passing, and filing the account of an
executor, administrator, or guardian, (not stated by the register,)
and not exceeding seventy-five items, two dollars; every additional
item, two cents; & *
For copy of Same, under Seal, if demanded, not exceeding one hun-
dred items, One dollar; every additional item, two cents; seal and cer-
tificate, thirty-seven and one-half cents;
For subpoena, thirty-seven and one-half cents; all witnesses to be
put into One subpoena, unless separate Ones are required by the
party; for every mame after the first, six and one-fourth cents;
For subpoena duces tecum, under seal, fifty cents;
For every search, where no other service is performed for which
fees are allowed, eighteen and three-fourth cents;
For making out, and filing, the balance of distribution of deceased
persons' estate, for each heir, one dollar; -
For taxing all costs, in any One case, twenty-five cents;
For a writ of execution, On a definite sentence, under seal, seventy-
five cents;
For recording, and filing, each indenture of apprentice, including
the Court’s taking recognizance for same, or its approval when done
by a justice of the peace, seventy-five cents; º
For drawing depositions of witnesses, for every hundred words,
twelve and a half cents; .
For filing all other papers, (except as above required;) four cents
each;
For entering appearance of party under process, twelve and one-
half cents; -
For entering return of process, twelve and one-half cents;
For every continuance or reference, chargeable to the applicants,
twelve and one-half cents; -
For commission to examine witnesses, or to auditors, under seal,
One dollar; •
For commission to value orphans’ estate, in the hands of guardians,
under seal, one dollar;
For entering every order of court, twelve cents and one-half; if more
than One hundred words, then at the rate of twelve and one-half
cents per hundred;
Chapter Lx.—REGISTER OF WILLS. - 503
W
For copying any paper, for one hundred words, twelve and one-half
cents; seal and certificate, thirty-seven and one-half cents;
For filing petition or report, and entering the same on record, (if
necessary,) fifty cents; if more than one hundred words, at the rate
of fifteen cents per hundred; ;
For entering judgment, or rule of court, twenty-five cents; copy
of same, if demanded, for every hundred words twelve and One-half
cents; seal and certificate, thirty-seven and One-half cents;
IFor entering every motion in court, twelve and one-half cents;
For entering appointment of guardian, with certificate and Seal of
said appointment, one dollar; every additional word included in the
same certificate, twelve and one-half cents; i
For issuing attachments and entering motion therefor, seventy-
five cents; . 3.
For taking a recognizance, twenty-five cents;
For warrant to marshal to summon jury, under Seal, seventy-five
cents; -
For entering panel of jury, and Swearing them, fifty cents;
For taking, filing, and recording, every bond, not provided for in
this section, one dollar; -
For passing an account against the estate of a deceased person,
twelve and a half cents; to be paid by the applicant, and not to be A
refunded. -
SEC. 12. The court may allow to the register reasonable fees for Additional fees
any service he may render not specified in the preceding section. allowed, when.
Sec. 932, R. S. D. C. 26 May, 1824, ch. 191, sec. 3, 4 Stat., 73.
SEC. 13. The register is required to make fair tables of his fees, Table of fees to
agreeably to the provisions of this chapter, and to post the same in be Posted.
some conspicuous place in his office, for the inspection of all persons Sec. 933, R. S.
who may have business therein. D. C.
ibid. ,sec. 2, p.73.
SEC. 14. The register shall forfeit for each day such tables shall Forfeiture for
be missing through his neglect the sum often dollars, to be recovered neglect.
as other debts of the same amount are recoverable, one-half to the
e g tº tº 5 Sec. 934, R. S.
District, and one-half to the informer.
Tbid.
SEC. 15. If the register, or any person for him, shall take greater Penalty for tak-
fees than provided for in this chapter, such officer shall forfeit and ing excessive fees.
pay the party injured fifty dollars, to be recovered as debts of the Tse, º, E. s.
same amount are recoverable. - . C.
- ** Ibid., sec. 3.
SEC. 16. The register shall be allowed by the District for all record- Record books
books and dockets necessarily furnished for his office. i. lockets al-
OWeC1.
Sec. 936, R. S. D. C. Ibid., sec. 4.
SEC. 17. All estates not exceeding thirty pounds current money Fees limited for
[$80] shall be deemed pauper estates; and the register of wills shall pauper estates.
be allowed for finally settling the same the sum of thirty shillings Md. actiºnoch
Current money [$4], and no more. - 3 ****
25, sec. 6.
1 Dorsey, 153. 1 Kilty, 504.
504
CHAPTER LXI. —REFORM SCHOOLS.
CHAPTER SIXTY-ONE.
REFORM SCHOOLS,
Sec. l - Sec. -
1. School established and buildings, 17. Penalty for enticing away or har-
- etc., transferred to its trustees. boring boys ; their arrest.
2. Trustees; how appointed, number, 18. Employment of boys; apprenticing,
and term of office. indentures. - .
3. One Commissioner of District to be | 19. Support of boys; contracts; execu-
a trustee. tive officer and annual reports.
4. No compensation; only expenses 20. By-laws.
allowed trustees. 21. Consulting trustees.
5. Trustees to visit and examine condi- 22. Repeals.
tion of institutions; record of visits 23. Report to Commissioners of District
to be kept. t of Columbia. |
6. Incorporated; powers. 24. Board of trustees of girls’ school in-
7. Superintendent and other officers to corporated.
be appointed and Salaries fixed. 25. May hold property; proviso.
8. Treasurer, appointment of, bond and 26. Authority of trustees.
duties. 27. Officers.
9. Superintendent to give bond. 28. By-laws.
10. Duties of superintendent and other 29. Reform school laws made applicable
officers. 30. Organizing board of trustees, etc.
11. Superintendent to have charge of 31. Amendments. -
lands, buildings, etc.; keep books, 32. Association for works of mercy, to
account for money, etc., and keep have custody and control; teach-
register of boys. Trustees to ex- ing and employment of girls of
amine accounts, departments, etc. certain age, how and when.
12. Commitment of boys convicted of 33. Commitment of girls to, for offenses.
Crime. 34. Keeping and discharge of inmates.
13. When boys may be committed. 35. When association may be appointed
14. When trustees may commit. guardian and by whom.
15. Period of detention. -
16. Suspensión of commitments where
school is full,
FOR BOYS.
House of correc- SEC. 1. There shall be established in the District of Columbia, on
tion for boys es- the tract of land known as the Government farm, a fit and conven-
tablished. ient house of correction, Suitably and sufficiently ventilated, with
convenient yards, workshops and other suitable accommodations
adjoining Or appurtenant thereto, for the Safe keeping, correction,
governing and employing of Offenders legally committed thereto by
Buildings, etc., authority of the courts. " ", " , of the District of Columbia:
transferred to Provided, That the building already erected on that land for the
trustees. purpose of establishing a similar institution, together with all other
July 25, 1866, property there collected for the same purpose, shall be transferred
14 Stat...ch.338, to the trustees appointed according to the provisions of this act, at
sec. 1, p. 232. a cost not exceeding One thousand five hundred dollars.
Reform School SEC. 2. The institution known as the Reform-School of the District,
in District Colum- of Columbia shall be in the charge of, and governed and managed
: d *** *** by, a board of seven trustees, who shall be appointed by the President
j, June 4, ch. 9ſ the United States, upon the recommendation of the Attorney-
121, sec. 1, par. 1. General, each for the term of three years, but in such a manner that
–president of the terms of not more than three of them shall expire within any one
board. or the same year;
May 3, 1876. 19 That One of the trustees shall be elected president of the board,
it. Fº † 1. whose duty shall be prescribed by the board.
up. Łó. S., º y r
One Com mis-
sioner of District
Columbia to be
trustee. -
SEC. 3. One of the Commissioners of the District of Columbia, to
be selected by the Board of Commissioners, shall be a trustee, with
all the powers, privileges, and duties of other trustees of said Reform
CHAPTER LXI.—REFORM SCHOOLS. 505.
School. The trustees of said Reform School are authorized to use
of the money due them from the trustees of Jay Cooke and Company
the sum of eight thousand five hundred dollars, or so much as may
be necessary, to purchase the remainder of the Peter farm for the
use of said school: Provided, That no part of said money shall be Proviso.
paid until a title satisfactory to said trustees is made for said farm June 4, 1880.
at a price not exceeding the sum aforesaid. . . - 21 Stat., 156.
2 Sup.R.S., 290. 1876, ch. 90. 19 Stat., 49.
SEC. 4. No trustee shall receive compensation for his services, but Trustees to serve
each trustee shall be allowed the amount of expenses necessarily Nº.
incurred in the discharge of the duties of his office. expenses.
July 25,1866. 14 Stat.,232, pt. Sec. 2.
SEC. 5. One or more of the trustees shall visit the said house of Trustees to visit.
correction, once, at least, in every two weeks, at which time the ...” #.
condition of the same shall be carefully examined and the register ... ...
inspected ; a record of the visits shall be kept in the book of the ord of visits to be
superintendent ; once in every three months the institution shall be kept.
thoroughly examined in all its departments by not less than three of July 25, 1866.
the trustees, * * * - 14 Stat. ch.338,
* Sec. 12, p. 234.
SEC. 6. The board of trustees shall be a corporation by the name . Reform School
of the “Board of Trustees of the Reform-School of the District of in Pistieſ of 99-
Columbia,” for the purpose of taking and holding, in trust for the º be a cor-
United States property of every description which has been pur. * &
chased, appropriated, or set apart for the use of the institution, or Mº.3, 18.
which may hereafter be purchased, appropriated, or set apart for its 2 19 Stat., 90, sec.
use, or given or bequeathed to it, or to the said board, for its use, 1sup.R.S.,208.
with all power necessary to carry this purpose into effect, and to
rotect and preserve such property, including the land and buildings,
fences, stock, fruit, crops, and trees of all kinds.
SEC. 7. The board of trustees may appoint a superintendent, two Reform School
or more teachers or assistants, and a matron whose salaries are fixed ****
by law ; they may also employ two or more master-mechanics, a pºss” 631 61 ll--
farmer, a gardener, and such other persons, as servants and laborers, *
as may be necessary, and fix their compensation, subject to the ºidº see: 3.
approval of the Attorney General.
SEC. 8. The board of trustees shall appoint a treasurer, who shall, Reform School,
before entering upon the duties of his office, give a bond to the United treasurer of; his
States with two or more sureties, to be approved by the First Comp- Pond and duties:
troller of the Treasury, in the sum of twenty thousand dollars, or a Ibid., sec.4.
larger Sum, at the option of the said Comptroller, conditioned that
he shall faithfully account for all the money received by him as
treasurer;
And it shall be his duty to keep a clear and full record of his
accounts as treasurer, and report an abstract of the same to the
board of trustees Once in every two months, and shall also make an
annual report to the board of trustees.
SEC. 9. Before entering upon the duties of his office, the superim- , Superintendent
tendent shall give a bond to the board of trustees, with sureties, to to give *
be approved by the Attorney General of the United States, in the sum Ibid., sec. 5.
of three thousand dollars, conditioned that he shall faithfully account
for all money received by him, and faithfully perform all the duties
incumbent on him as superintendent of said Reform School.
506 CHAPTER LXI.-REFORM SCHOOLS.
Superintendent SEC. 10. The superintendent shall reside at the institution con-
#. Jºe * inst; stantly and that he, with such subordinate officers as may be appointed
.*.m.s.º. in accordance with the third section of this act, shall have the charge
ties. and custody of the boys; shall govern them in accordance with such
e rules and regulations as the board of trustees may prescribe in its by-
*** laws; shall employ them in agricultural, mechanical or other labor;
shall give them instruction in reading, writing, arithmetic, geogra-
phy, and such other studies and in such arts and trades as the trus-
tees may direct; and shall employ such methods of discipline as will,
as far as possible, reform their characters, preserve their health,
promote regular improvement in their studies and employments,
and secure in them fixed habits of religion, morality, and industry.
Superintendent SEC. 11. The superintendent shall have charge of the lands, build-
to have chârge of ings, furniture, tools, implements, stock, provisions, and every other
ºf: i. of property pertaining to the institution, within the precincts
... ... t “... thereof, under the board of trustees, including the farm in possession
money, etc., keep of the board where the School was first located; and he shall keep in
register of boys. suitable books, regular and complete accounts of all his receipts and
expenditures, and of all the property intrusted to him, so as to show
clearly the income and expenses of the institution; and he shall
account, in such manner as the trustees may prescribe, for all the
money received by him from the proceeds of the institution or other-
Wise; and he shall keep a register of the names and ages of all boys
committed to the institution, with the dates of their admission and
discharge, and such particulars of their history before and after
leaving the institution as he can obtain.
Trustees to ex. His books and all documents relating to the Reform-School shall,
amine accounts, at all times, be open to the inspection of the trustees, who shall, once
departments, etc. or more in every month, carefully examine his accounts, and the
Ibid., sec. 7. youchers and documents connected therewith, and make a record of
the result of such examination; and, once in every three months, the
institution shall be thoroughly examined in all its departments by
three or more of the trustees, and a report of such examination shall
be made to the board.
, Commiſſment of SEC. 12. Whenever any boy under the age of sixteen years shall
.ºnvicted * be brought before any court of the District of Columbia, or any Judge
e of such court, and shall be convicted of any crime or misdemeanor
Ibid., sec. 8. unishable by fine Or imprisonment, other than imprisonment for
#. such court or Judge, in lieu of sentencing him to imprisonment
in the county jail or fining him, may commit him to the Reform-
School, to remain until he shall arrive at the age of twenty-one years,
unless sooner discharged by the board of trustees.
When boys may SEC. 13. The Judges of the criminal and police courts of the Dis-
becommitted, etc. trict of Columbia shall have power to commit to the Reform-School,
first any boy under sixteen years of age who may be liable to punish-
ment by imprisonment under any existing law of the District of
Columbia, or any law that may be enacted and in force in said Dis-
trict; second, any boy under sixteen years of age, with the consent
of his parent or guardian, against whom any charge of committing
any crime or misdemeanor shall have been made, the punishment of
which, On conviction, would be confinement in jail or prison; third,
any boy under sixteen years of age who is destitute of a suitable
home and adequate means of obtaining an honest living, or who is
in danger of being brought up, or is brought up, to lead an idle or
vicious life; fourth, any, boy under sixteen years of age who is incor-
rigible, or habitually disregards the commands of his father or mother,
Or guardian, who leads a vagrant life, or resorts to immoral places
Or practices, or neglects or refuses to perform labor suitable to his
years and condition, or to attend school.
CHAPTER LXI. —REFORM SCHOOLS. 507
SEC. 14. The president of the board of trustees may also commit When trustee
to the Reform school such boys as are mentioned in the foregoing may commit boys.
third and fourth classes upon application or complaint in writing of
a parent, or guardian, or relative having charge of such boy, and
upon such testimony in regard to the facts stated as shall be satis- $
factory to him; and for taking testimony in such cases, he is hereby
empowered to administer oaths. -
SEC. 15. Every boy sent to the Reform School snail remain until ... Period of deten-
he is twenty-one years of age, unless sooner discharged or bound as *
an apprentice ; but no boy shall be retained after the superintendent Ibid., sec. 9.
.# ave reported him fully reformed.
SEC. 16. Whenever there shall be as large a number of boys in the . When school is
School as can be properly accommodated, it shall be the duty of the fºllºitinents
president of the board of trustees to give notice to the criminal and ** ed.
police courts of the fact, whereupon no boys shall be sent to the Ibid., Sec. 10.
schools by the said courts until notice shall be given them by the
president of the board that more can be received.
SEC. 17. If any person shall entice, or attempt to entice, away from Enticing away
said School any boy legally committed to the same, or shall harbor, 2. lºg º S
conceal, or aid in harboring or concealing any boy who shall have . ; now
escaped from Said School, such person shall, upon conviction thereof, tº
be deemed guilty of a misdemeanor, and shall pay a fine of not less
than ten nor more than one hundred dollars, which shall be paid to
the treasurer of the board of trustees; -
And any policeman shall have power, and it is hereby made his Police may arrest
duty, to arrest any boy, when in his power so to do, who shall have *ped boys.
escaped from said School, and return him thereto. Ibid., sec. 11.
SEC. 18. The trustees shall have full power to place any boy com-, Employment of
mitted as herein described, during his minority, at such employment 99)*
and cause him to be instructed in such branches of useful knowledge,
as may be suitable to his years and capacity, as they may see fit ;
and they may, with the consent of any such boy, bind him out as an Apprenticing.
apprentice during his minority, or for a shorter period, to learn such
trade and employment as in their judgment will tend to his future
benefit ; and the president of the board shall, for such purpose, have
power to execute and deliver, on behalf of the said board, indentures
of apprenticeship for any such boy ; and such indentures shall have
the same force and effect as other indentures of apprenticeship under
the laws of the District of Columbia, and be filed and kept among Filing of inden-
the records in the office of the Reform-School, and it shall not be tures.
necessary to record or file them elsewhere. - Ibid., Sec. 12.
SEC. 19. For the support of the boys sent to the Reform-School, as support of boys
hereinbefore mentioned the District of Columbia shall pay to the committed.
board of trustees two dollars for each boy per week; and it shall be T.T. =
the duty of the superintendent to make out and render to the proper ., ove. … . .
officers monthly accounts at the close of each month for the support
of the boys in said School, which shall be paid on demand ; and, if
not paid within ten days from the time the account is presented,
º draw interest at the rate of one per centum per month until
alCl.
p All contracts and purchases made for Or on account of the institu- Contracts.
tion shall be made in the name of the board and by whomsoever the
board may direct. The president of the board shall be its executive
officer, and it shall be his duty to make an annual report to the Attor-
ney General, to be accompanied by the annual report of the Super-
intendent and treasurer. Ibid., sec. 14.
Executive Officer.
Annual reports.
508 CHAPTER LXI.-REFORM SCHOOLS.
By-laws. SEC.20. The board of trustees may make such by-laws, rules, and
Ibid.,sec. 15. Tregulations for their own and the government of the institution, its
- officers, employees, and inmates, as they may deem necessary and
proper. º *
99nsulting trus SEC. 21. Two consulting trustees shall be appointed, namely, one'
tees. Senator of the United States, by the presiding officer of the Senate,
Ibid., sec. 16. for the term of four years, and one member of the House of Repre-
Sentatives, by the Speaker thereof, for the term of two years.
Repeals. SEC. 22. All acts and parts of acts incompatible with this act are
Ibid.,sec. 17. hereby repealed. -
º: SEC. 23. Hereafter the officers of the Reform School shall at the
jend of each fiscal year make a report to the Commissioners of the
District of Columbia, which shall embrace a full and complete
*:::: lº, inventory of all the personal property in detail, the number of
2 si. £5.321, employees, and number of days each is employed during the year
3. and price paid each, and the amount of garden, field, and other prod-
ucts produced, together with the disposition made of said personal
property, and so forth.* .
FOR GIRLS.
Reform School SEC. 24. That Samuel S. Shellabarger, Augustus S. Worthington,
for Girls, District Adoniram J. Huntington, William C. Dodge, Mills Dean, Owen G.
oº:: ... Staples, James E. Fitch, Thomas P. Morgan, and Alexander Graham
*P* Beli, and their successors, be, and they are hereby, created a body
2 Sup, R.S., 596. corporate to be known as the Board of Trustees of the Girl’s Reform
July 9, 1888. School of the District of Columbia.
25 Stat., 245. - f
May hold prop- SEC. 25. The said corporation is hereby authorized and empowered
erty. to establish and maintain a reform School for girls at any place
within the District of Columbia, subject to the approval of the Com-
missioners thereof, and for that purpose may take and receive by
gift, grant, or devise, such real estate and personal property as may
be necessary for the purposes of said, corporation: Provided, That
at the dissolution of said corporation, or if it should cease for the
e space of six months to maintain a reform School for girls, all the
Ibid., Sec. 2. property, real and personal, of said corporation shall vest in the
United States. r
Proviso.
Dissolution.
gº
Authority. SEC. 26. The said board of trustees shall have the same power and
authority in relation to girls as the board of trustees of the Reform
*** sºil; the jet of Coimbia now possess in relation to boys.
Officers. SEC. 27. The said board of trustees shall have authority to appoint
Ibid., sec. 4 such officers, agents, teachers, and other employees as may be neces-
•y ovº • * * Sary, and fix the rate of compensation of the same, subject to the
approval of the Commissioners of the District of Columbia.
By-laws. SEC. 28. The said board of trustees shall have authority to make
Ibid., sec. 5 such by-laws and rules and regulations as shall be necessary for the
government of the officers, teachers, employees, and inmates of the
school, and from time to time alter, amend, and change the same.
Reform school Sec. 29. All the sections of the act of May third, eighteen hundred
laws made appli- and seventy-six, entitled “An act revising and amending the various
cable. acts establishing and relating to the Reform School of the District
* For further report as required by act of Mar. 2, 1889, see $5 Stat., p. 807,
CHAPTER LXI.-REFORM SCHOOLS.
509
of Columbia,” not inconsistent with the provisions of this act, are
hereby made applicable to the Reform School for Girls of the Dis-
trict of Columbia, except the word “girls” shall be understood
wherever the word “boys” occur in said act, and the words “eight-
een years” wherever the words “sixteen years” occur. *
SEC. 30. Within thirty days after this act is passed said trustees
shall meet and organize by electing a president ; and they shall draw
lots and decide the length of service of said trustees. Three of said
trustees shall serve for one year, three for two years, and three for
three years, and their successors in office shall be appointed in like
manner as the trustees of the Reform School of the District of
Columbia are now appointed.
Sec. 31. Congress shall have the right to alter, amend, or repeal
this act at any time.
SEC. 32. The Association for Works of Mercy, a charitable corpo-
ration in the District of Columbia, is hereby authorized and empow-
ered to receive and have the custody and control of, and to suitably
maintain, teach, employ, and discipline girls under the age of eighteen
years, resident in the District of Columbia, until they attain the age
of eighteen years. The right to the custody and control of any such
girl shall be obtained in the manner following:
First. By a written instrument executed by the father of such girl,
giving such custody and control to Said association and renouncing
parental rights.
Second. If the father be not living, or is unknown, or not resident
in the District of Columbia, by a written instrument executed by
the mother of such girl, giving such custody and control to Said aSSO-
ciation and renouncing parental rights. -
Third. By a written instrument executed by the guardian of the
person of such girl, giving such custody and control to said associa-
tion and renouncing the rights of guardianship.
Fourth. If there be no father, or mother, or guardian of such girl
living, or known, resident in the District of Columbia, by an instru-
ment in writing executed by such girl, surrendering herself to the
custody, control, and maintenance of Said association.
Fifth. No such instrument shall be effectual in law until it shall
be approved by the judge of the orphans' court of the District of
ºbia by an indorsement of such approval thereon signed by Such
Judge.
SEC. 33. That when any girl under the age of eighteen years shall
be duly convicted of any offense punishable by fine or imprisonment
for a term less than two years before any court in the District of
Columbia, if it shall appear to the satisfaction of the court that such
girl is a suitable subject for the custody of said association, the court
may, instead of imposing such fine or imprisonment, and with the
assent of said association, cause such girl to be committed to the
custody and control of said association, there to remain until she shall
attain the age of eighteen years, or be otherwise discharged in due
course of law.
SEC. 34. That a girl, duly received into the institution of the said
association, shall be kept there, disciplined, instructed, employed, and
governed under the direction of said association until she is either
reformed and discharged or has attained the age of eighteen years;
but the association shall have the right to discharge and return to
the parents, guardian, or protector any girl who, in its judgment,
ought, for any cause, to be removed from the institution, and in Such
Vol. 19, p. 49.
Ibid., sec. 6.
Organizing.
Ibid., sec. 7.
Amendment.
Ibid., sec.8.
Custody, etc., of
girls in Associa-
tion for Works of
Mercy.
25 Stat., ch.
1095, p. 554.
Oct. 11, 1888.
2 Sup. R.S., 630.
Renunciation of
parental rights by
father.
By mother.
Renunciation of
guar dia, n ship
rights by guard-
la,D .
Self-surrender.
Approval by
judge of Orphans'
COUrt.
Commitment for
offenses.
Keeping and dis-
charge of inmates.
510
CHAPTER LXII.-SHIP OWNERS.
Association may
be appointed
guardian by Or-
phans’ court.
Limitation of li-
ability of ship-
Owners for embez-
zlement by master
or mariners.
7 George II, ch.
15, sec. 1, A. D
1734.
Alex. Brit. Stat.,
722.
|Rilty’s Rep.,250.
9Stat., 635, Mar.
3, 1851; 6 How .
Rep., 344, N. J.
Co. vs. Merchants’
Bank ; 3 Wallace
Rep., 150, Walker
'ws. Transportation
Co.; 24 How .
Rep., 1, Moore vs.
American Trans.
Co.
When more than
One freighter suf-
fers loss by embez-
zlement by mar-
iners or master,
their proportion to
be averaged.
Ibid., sec. 2.
case the association shall enter upon its minutes the reasons for her
discharge; and in case such girl was received under the order of
any criminal Court, a copy of the minute of such reasons shall be
tº transmitted to the court under whose order she was
I’éCel VéCl. * -
SEC. 35. That the orphans’ court of the District of Columbia shall
have power to appoint the said association the guardian of the per-
Son of any girl under the age of eighteen years, in the same manner
and with the same effect that it now has power to appoint guardians
of the person of female infants. And such guardianship shall con-
tinue until Such girl shall attain the age of eighteen years, unless
the Orphans’ court shall discharge the same or otherwise direct.
CHAPTER SIXTY-TWO.
SHIP OWNERS
Sec.
3. Collusion on part of owners in settle-
ments of such liability.
4. Legal remedies against master or
mariners, not impaired by this act.
Sec.
1. Limitation of liability of ship-owners
for embezzlement by master or
mariners.
2. When more than one freighter suffer
loss by embezzlement by master or
mariners, their proportion to be aver-
aged.
SEC. 1. No person or persons, who is, are, or shall be owner or
owners of any ship or vessel, shall be subject Or liable to answer
for, or make good, to any one or more person Or persons, any loss or
damage by reason of any imbezzlement, Secreting, or making away
with (by the master or mariners, or any of them) of any gold, silver,
diamonds, jewels, precious stones, or other goods or merchandize,
which, from and after the twenty-fourth day of June, which shall
be in the year of our Lord one thousand seven hundred and thirty-
four, shall be shipped, taken in, or put on board any ship or vessel,
or for any act, matter or thing, damages, or forfeiture, dome, Occa-
sioned, or incurred, from and after the said twenty-fourth day of
June, one thousand seven hundred and thirty-four, by the said
master or mariners, or any of them, without the privity and knowl-
edge of such owner or owners, further than the value of the ship or
vessel, with all her appurtenances, and the full amount of the
freight due or to grow due for and during the voyage, wherein Such
imbezzlement, secreting, or making away with, as aforesaid, or other
maleversation of the master or mariners, shall be made, committed,
or done; any law, usage, or custom to the contrary thereof in any
wise notwithstanding. -
SEC. 2. If several freighters or proprietors of any such gold, silver,
diamonds, jewels, precious stones, or other goods or merchandize,
shall suffer any loss or damage by any of the means aforesaid in the
same voyage, and the value of the ship or vessel with all her appur-
tenances, and the amount of the freight due or to grow due during such
voyage, shall not be sufficient to make full compensation to all and
every of them, then such freighters or proprietors shall receive their
satisfaction thereout in average, in proportion to their respective
losses or damages: And in every such case it shall and may be law-
ful to and for such freighters or proprietors, or any of them, On
behalf of himself and all other such freighters or proprietors, or to
and for the owners of such ship or vessel, or any of them, On behalf
CHAPTER LXIII.-STEAM ENGINEERING, ETC,
511
of himself and all the other part-owners of such ship or vessel, to
exhibit a bill in any court of equity for a discovery of the total
amount of such losses or damages, and also of the value of such
ship or vessel, appurtenances, and freight, and for an equal distribu-
tion and payment thereof amongst such freighters or proprietors, in
proportion to their respective losses or damages, according to the
rules of equity.
SEC. 3. If any such bill shall be exhibited by or on the oehalf of
the part-owners of such ship, the plaintiff or plaintiffs shall annex
an affidavit to such bill or bills, that he or they do not collude with
any of the defendants thereto, and shall thereby offer to pay the
value of such ship or vessel, appurtenances, and freight, as such court
shall direct; and such court shall thereupon take such method for
ascertaining such value, as to them shall seem just, and shall direct
the payment thereof in like manner as is now used and practised in
cases of bills of interpleader. -
SEC. 4. Nothing in this present act contained shall extend, Or be
construed to extend, to impeach, lessen, or discharge any remedy,
which any person or persons now hath, or shall or may hereafter
have, against all, every, or any of the masters and mariners of Such
ship or vessel, for or in respect of any imbezzlement, Secreting, or
making away with any gold, silver, diamonds, jewels, precious
stones, or merchandize, shipped or loaded on board such ship Or Ves-
sel, or on account of any fraud, abuse, or maleversation, of and in
such master and mariners respectively; but that it shall and may be
lawful to and for every person or persons, so injured or damaged, to
pursue and take such remedy for the same, against the said master
and mariners respectively, as he or they might have done before the
making of this act.
CHAPTER SIXTY_THREE.
STEAM ENGINEERING AND BOILER INSPECTION.
Sec. - Sec.
1. Steam engineers to be licensed. pointed ; term of office ; duties of ,
2. Board of examiners of ; rules for ex- compensation and proviso.
amination of. 9. Annual inspection of boilers; capac-
3. Qualifications of. ity of boilers; certificates for to be
4. Fee for license Of. posted ; record of and report of in-
5. Intoxication of, punishment for. spector.
6. Penalty for employing nonlicensed 10. Penalty for using condemned boilers.
engineers ; exceptions. 11. Bond of inspector and oath of office.
7. Section 6 not applicable, when. 12. Not to inspect steamboat boilers.
8. Inspectors of steam boilers to be ap-
SEC. 1. It shall be unlawful for any person UO act as steam-engi-
neer in the District of Columbia who shall not have been regularly
licensed to do so by the Commissioners thereof.
Collusion on part
of owners in ac-
tions under this.
chapter.
Ibid., Sec. 3.
This act not to
impair any legal
remedy against
master or mari-
ners for embezzle-
ment.
Ibid., Sec. 4.
District of Co-
lumbia.
Steam engineers
to be licensed.
Feb. 28, 1887. 24 Stat., 427.
SEC. 2. All persons applying for such license shall be examined
by a board of examiners composed as follows: The boiler-inspector
for the District of Columbia and two practical engineers to be ap-
pointed by the District Commissioners. Said examination shall be
conducted in all respects under such rules and regulations as the
Commissioners of the District of Columbia shall from time to time
provide ; and all steam-boilers and engines shall be subjected to
such tests as the Said Commissioners may prescribe.
Board of exam-
iners.
Rules. `
Ibid., Sec. 2.
512 CHAPTER LXIII.-STEAM ENGINEERING, ETC.
Qualifications. SEC. 3. Applicants for license as steam-engineers must be twenty-
Ibid., sec. 3. T one years of age and of temperate habits; must make application in
writing, to which application must be attached a certificate as to
character and moral #. signed by at least three citizens of the
District of Columbia, themselves of moral standing. -
Fee. SEC. 4. The fee for a license as steam-engineer shall be three dollars.
Ibid., sec. 4. -
, Punishment for SEC. 5. Any person employed as a licensed steam-engineer in the
intoxication. District of Columbia who is found under the influence of intoxicating
Ibid., sec. 5. liquor while on duty, shall, for the first offense, have his license re-
voked for six months; for the second offense, twelve months; and
for the third offense, shall have his license revoked and be debarred
from following the occupation of licensed steam-engineer in the
District of Columbia for the period of five years.
Penalty for em- SEC. 6. Any owner or lessee of steam-boiler or engine, or the sec-
.# *8. retary of any corporation, who shall knowingly employ a steam-
** engineer as such who has not been regularly licensed to act as such,
shall on conviction thereof by the police court of the District of
Columbia, be fined fifty dollars, and in default of payment of such
fine shall be confined for a period of one month in the workhouse of
#.ºwner. the District of Columbia: Provided, That boilers used for steam-
- g heating, where the water returns to the boiler without the use of a
Ibid., sec. 6. pump and injector or inspirator, and which are worked automatic-
ally, shall be exempt from the provisions of this section.
State or United SEC. 7. The foregoing section shall not apply to engineers who
States license. have been licensed by the United States Government or the laws of .
Ibid.sec. 7...T any State. -
Commissioners SEC. 8. The Commissioners are [Governor is] hereby authorized
authorized to ap- to appoint a person of good character and competent skill to be in-
º ºr spector of steam boilers for machinery in and for the District of
•O i. Columbia, who shall hold said office two years, unless sooner re-
moved, and whose duty it shall be to inspect all such steam boilers
within said District at least once in twelve months, and who shall,
in his judgment, condemn such boilers as he may deem unsafe, and
that the said inspector shall, for every inspection, be entitled to re-
Compensation. ceive as compensation the sum of five dollars, to be paNd by the owner
Proviso. or owners for every such boiler inspected : Provided, No charge is
3 Leg. Assem., made for inspection of boilers belonging to the Fire Department
ch, 35,sec. 1; p.65, and any of the steam boilers belonging to the District of Columbia.
June 25, 1873. -
Inspections to SEC. 9. The inspector, upon such annual inspection, shall make a
be made annually. thorough examination of the boiler, and by proper and approved
Ibid. sec. 2. methods determine the amount of steam pressure per square inch at
5 which it can be safely worked, and shall also examine the feed pumps,
the gauges, cocks, and valves connected there with, and by actual
tests determine that the same are in proper working condition. He
Capacity of all shall also give the proprietors of such boilers a certificate stating the
boilers to be certi- amount of pressure per square inch they are allowed to carry, which
fied to: certificate shall be displayed in some conspicuous place in the estab-
sº lishment where such boiler is used; the inspector shall keep a record
conspicuously gº g : 4-T- / 5
posted. of each boiler inspected, with the name of the owner or owners and
Record. the amount of pressure per square inch which said boiler is allowed
Report to be to carry, and shall return to the Commissioners [Governor] annually
* tº the Com a copy of said entries, together with a statement of the number of all
In 18S1OIlêI’S. boilers inspected and condemned.
Duties.
y
Penalty for us- SEC. 10. If any person or persons shall use a steam boiler, after the
ing any boiler that same having been condemned, unless first having such boiler repaired
ãºe pe *** SO as to make it safe, or shall work any boiler at a pressure per
& Square inch greater than that permitted in the certificate before
CHAPTER LXIV.—SURVEYOR.
513
named, or while the feed pumps, gauges, cocks, or valves of the
same are not in proper working condition, shall be fined in any sum
not exceeding one hundred dollars nor less than fifty dollars for
every such offence.
SEC. 11. The said inspector shall give bond, with two sufficient
securities, to be approved by the Commissioners [Governor, J in the
sum of two thousand dollars, and he shall take and subscribe the
following oath or affirmation before a notary public or justice of the
peace: “I do solemnly swear that I will diligently, faithfully, and
impartially execute the duties of my office without favor.”
SEC. 12. That nothing herein contained shall be so construed as to
require the 'inspector to inspect the boilers of steamboats, (being
otherwise provided for as per act of Congress.)
CHAPTER SIXTY-FOUR.
SURVEYOR,
Sec. Sec.
1. Legal office of record of division of lines for party wall; certificate and
Squares; plats of subdivisions; when its effect.
to be recorded in. 16. Fees for services performed.
2. Certified transcripts of records to be 17. Subdivision of squares and lots be-
evidence. - longing to the United States.
3. Records of, to be public property. 18. No salary to be paid to surveyor or
4. Oath of surveyor. any of his subordinates; office of
5. Plats of squares to be drawn to scale. assistant surveyors abolished.
6. Plats shall show lines of property | 19. Subdivision or alteration of bound-
actually existing. aries or change of surveys shall be
7. Subdivision of squares or lots by made only by the surveyor and
proprietor; how made. certified; how.
8. Shallexamine whether lots or squares 20. All records of divisions of squares
may be subdivided; shall certify and lots to be kept in office of ;
same and record plat; when. maps, plans, etc., of District of Co-
9. When lots or squares recorded, etc.; lumbia; how kept.
how can be referred to by inter- 21. Graduations to be ascertained and
ested party. recorded.
10. Ways, alleys, and passages on subdi- 22. When bond of, is liable for his neg-
vision plats; to whom they shall lect or error.
belong. 23. Squares, lots, etc., to be marked out
11. Measurement of subdivisions; ap- and plans thereof furnished at re-
portionment of deficiencies. quest of proprietor.
12. Encroachment of wall in adjoining 24. To keep offices designated by Com-
lot. - missioners; shall preserve official
13. Party walls. records and instruments.
14. Occupation of land by party wall; 25. To keep account of fees and report
duties of surveyor and payment Salle.
for. 26. Papers, etc., of surveyor’s office to be
15. Examination of foundations of deemed property of District and
houses to be erected; placing of part of public records; bond of.
SEC. 1. The office of the surveyor of the District is the legal office
of record of the plats of all property in the city of Washington, and
all records of the division of squares and lots made between the
public and original proprietors, or otherwise authorized by law, shall
be kept in said office.*
Ibid., sec. 3.
Bond.
To subscribe to
Oath or affirma-
tion.
Ibid., sec. 4.
Not required to
inspect boilers of
Steamboats.
Ibid., sec. 5.
Legal office of
record.
* Plats of subdivision, when to be recorded in surveyor's office, 25 Stat., 451, secs. 1 and 5; Aug. 27,
1888; Sup. R.S., 2 Ed.,618. See “Subdivision of land,” title “Real Estate.”
33 C S
Sec. 472, R. S.
D. C.
514 - CHAPTER LXIv.–SURVEYOR.
|
Certified tran: , SEC. 2. All transcripts from such records certified by the surveyor
º * * * shall be evidence equally valid with certified transcripts from the
eI) Cé. : ~4--~!.
land records of the District. - * r
Sec. 473, R. S. D. C. -
Surveyors' reg. SEC. 3. The records of the surveyor of the District of Columbia
º P* shall be a part of the public property of the District of Columbia.
Feb. 25, 1885. 23 Stat., 312. 2 Sup. R.S., 476.
Oath of sur - SEC. 4. The surveyor, before entering upon the discharge of his
veyor. duties, shall take an oath or affirmation that he will faithfully and
Sec. 474, R. S. impartially perform the duties required of him by the provisions of
C this chapter.
2 stat., 518.
Plats of square; , SEC. 5. The plats of the squares in the city of Washington shall
how drawn. be drawn upon a uniform Scale of not less than one inch to fifty feet,
Sec. 475, R. S. and shall show the lines of all subdivisions of the squares as the
D. C. same existed at the date of the completion of each square.
What must be SEC. 6. The method of description provided for by section four
shown. hºwndred and thirty-nine shall be such that the plats of the squares
Sec. 476, R.T.S. shall at all times show the lines of property as actually existing in
D.C.’ ‘’’’ the Squares. º [See § 489, R. S. D. C.]
Subdivision of SEC. 7. Whenever the proprietor of any square or lot shall deem
Squares. it necessary to subdivide the same into convenient building lots or
Sec. 477, R. S. portions for Sale and occupancy, and alleys for their accommodation,
- *** - he may cause a plat to be made, on which shall be expressed the
as: * * dimensions and length of all the lines of such portions as are neces-
§th.” S. vs. For- sary 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 creditable witnesses, upon the same plat, or on a paper
Or parchment attached thereto.
º: SEC. 8. At the request of the proprietor, the surveyor shall exam-
.*.*...* ine whether the lots or parcels into which any square or lot may be
Cate and record. :---- J - .. : … e º * * º
subdivided, as provided in the preceding section, agree in dimen-
Sec. 478, R. S. Sions with the whole of the square or lot so intended to be subdi-
*… vided, and whether the dimensions expressed on the plat of subdi-
5 Mackey Rep., ... e : - - - -
4s. i.e. vision be the true dimensions of the parts so expressed ; and if upon
syth. 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.
Reference to plat SEC. 9. When a subdivision of any square or lot shall be so certi-
and record. fied, examined, and recorded, the purchaser of any part thereof, or
Sec. 479, R. S. any person interested therein, may refer to the plat and record for
. C. description, in the same manner as to squares and lots divided
between the commissioners and original proprietors.
Alleys and past SEC. 10. The ways, alleys, or passages, laid out or expressed on any
Sageways. plat of subdivision, shall be and remain to the public, or subject to
Sec. 480, R. S. the uses declared by the person making such subdivision, at all times
“t - under the same police regulations as the alleys laid off by the Com-
missioners on division with the original proprietors.
- * of SEC. 11. Whenever the surveyor shall lay off any lot, or any of
fººt ... the parts into which a square or lot may be subdivided as provided
ficiencies. 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
CHAPTER LXIV.-SURVEYOR. 515
whole front of the square exceeds or falls short of the aggregate of . Sec. 481, R. S.
the fronts of the lots on that side of the square, as the same are P. 9.
recorded, he shall apportion such excess, or deficiency, among the
lots or pieces on that front, agreeably to their respective dimensions.
SEC. 12. Whenever, on such admeasurement, the wall of a house Encroachment
previously erected by any proprietor shall appear to stand on the by Wall, upon ad-
adjoining lot of any other person in part less than seven inches in 19” lot.
width thereon, such wall shall be considered as standing altogether Sec. 482, R. S.
on the land of such proprietor, who shall pay to the owner of the D. C. -
lot on which the ...if may stand a reasonable price for the ground
so occupied, to be decided by arbitrators or a jury, as the parties
interested may agree.
SEC. 13. If the wall of any house, already erected, cover seven Party walls.
inches or more in width of the adjoining lot, it shall be deemed a Tsec. 453, R. S
party wall, according to the regulations for building in the District D. C. 2 gº
as made under the provisions of Section seventy-nine, and the ground
so occupied, more than seven inches in width, shall be paid for as
provided in the preceding section.
SEC. 14. The surveyor shall ascertain and certify, and put on ... Surveyor's cer-
record at the request and expense of any person interested therein, ºate and ree-
the fact of the occupation of land by a party wall as mentioned in *
the preceding section. - i pº 484, R. S.
SEC. 15. It shall be the duty of the surveyor to attend, when . Examination of
requested, and examine the foundation or Walls of any house to be ſºions: Cell-
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 . Sec. 485, R. S.
building to the line of the street, and correctly placing the party- P. 9
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. 16. The surveyor shall be authorized to receive from the Surveyor's fees.
persons for whom he shall perform the Services required by this act Tsec.T.Ts6.T.E. s.
the fees following, namely: - D. C. 5
For examining the plat and calculations of any subdivision of a
square or lot, twelve and a half cents for each of the lots or portions.
into which it may be subdivided; but no more shall be paid for the
lots in one square than One dollar and fifty cents.
For examining any building and giving the certificate required by
the preceding section, and recording the same, One dollar and fifty
cents. -
For recording any division or subdivision of any square or lots,
for transcripts from records, and for searches in his office, the fees
provided by law, but not in any case to exceed the fee allowed by
this section for examination. -
For recording any division or subdivision of any square or lot, Leg. Assem, act,
fifty cents; For setting out and marking the boundary lines of any ſº º, 198, see.
lot or piece of ground in Said District, and the proper graduation *º 1871
thereof for building, agreeably to the plan of Washington or George- sº sº.
town, and for furnishing a certificate describing such boundary lines
and graduation, and the number of square feet contained in each
lot or piece of ground, the sum of two dollars; For setting out and
marking the boundary lines of any lot or piece of ground, and giv-
ing a description certificate thereof, and of the number of square
feet therein, the sum of one dollar; For designating the graduation
of any Square, lot, or piece of ground, and giving a certificate thereof,
the sum of Seventy-five cents; For recording each certificate, the
Sum of fifty cents; and for every copy of a square, with the dimen-
sions of the lots marked thereon, fifty cents.
516 CHAPTER LXIV.-SURVEYOR.
º
Subdivision of SEC. 17. Whenever the President shall deem it necessary to sub-
$gºing divide any square or lot belonging to the United States within the city
* 9°45°. of Washington, not reserved for public purposes, into convenient
Sec. 487, R. S. building-lots or portions for sale and occupancy, and alleys for their
D. C. accommodation, he may cause a plat to be made by the surveyor in
the manner prescribed in this 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 j made by individual proprietors.
. No salary to be SEC. 18. And no salary or compensation shall be paid to the sur-
paid to surveyor veyor of the District, or any of his subordinates, except such fees
except, etc. . for special services as are allowed by law. And the offices of assist-
Office of assistant
.*.* ant surveyor and additional assistant surveyor of the District of
i.** **** Columbia are hereby abolished.
June 20, 1874, 18 Stat., 117. 2 Sup. R. S., 23. ©
º ... , Sºg. 13. That whenever 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
Leg. Asºº tract or parcel of land, such subdivision, alteration, or change shall.
sº be by the surveyor of the District of Columbia, or his assistant only,
15%. ’ ‘’’’ ‘’’ 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 be appended thereto.
Rºgords to be SEC. 20. That all records, or copies thereof, of the divisions of
º *** squares and lots heretofore made between the public and the original
§ proprietors, or which are authorized by this act, shall be kept in the
Ibid., sec. 25, office of the surveyor of the District of Columbia, and the surveyor
. shall put up, label, index, and preserve, and, when necessary for their
preservation, have the same backed with cotton cloth, 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.
Graduations to , SEC. 21. That it shall be the duty of the surveyor, authorized by
beascertained and the act, to ascertain and enter upon the books of graduation or alter-
recorded. ations of graduations which have heretofore been made, and which
Ibid., sec. 26. it may hereafter be found necessary to make. -
gº
When bond liable SEC. 22. That whenever it shall be made to appear to the satisfac-
for error or neglect tion of the Commissioners [Governor] that the surveyor has been
of surveyor. guilty of culpable error or neglect, by which the government may
Ibid., sec. 27, p. be obliged to pay damages, then it shall be lawful for the Commis-
153. Siomers [Governor] to deduct and retain from the salary of the sur-
veyor the amount of damages which the government may have paid
in each and every case; and in case the salary then due to said sur-
veyor should be insufficient to cover the damages which the govern-
ment shall have paid, the Commissioners [Governor] is hereby
required to institute suit upon bond, enacted by the thirty-first sec-
tion of this, for the recovery of such damages. *
$9.8 s. 19ts, SEC. 23. That it shall also be the duty of the surveyor, on the
etc., to be marked , •o-º-o: re •o ºvº * * • *-*
Out, and plans request of the proprietor or proprietors of any square, lot, or piece
thereof furnished of ground within the District of Columbia, to set out and mark the
at request of pro- proper lines and graduations thereof, and furnish to him, her, or
prietor. them, a certificate describing the dimensions, boundaries, and gradu-
Ibid.,sec.28, ations of the same, according to the plan.
* Surveyor's salary abolished by 18 Stat. 117, June 20, 1874.
CHAPTER LXV.—TAXES
517
SEC. 24. That the surveyor shall keep his office in a room desig-
nated by the Commissioners [Governor] 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 said District of Columbia,
or to any of the avenues, streets, alleys, public º Squares, lots,
and buildings thereon, or any of them, as shall, for the purpose of
being deposited in his office, come into his bands 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, at his own expense, the instruments in his said
office belonging to the government. *
SEC. 25. That the surveyor shall enter in a book, to be kept for
that purpose, a correct account of all fees which shall be received by
him under or by virtue of this act, designating in every case the
service performed, the sum received, the name or names of the per-
Son or persons º it, and shall annually make a report of the
amount of such fees to the [Legislative Assembly, through the] Com-
missioners [Governor]. -
SEC. 26. That all papers, plats, and records of his office shall be
deemed the property of the District of Columbia, and shall consti-
tute 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, and he shall give bond, to be approved by the
Commissioners [Governor, in the sum of twenty thousand dollars,
conditioned for the faithful performance of his duties.
CHAPTER SIXTY-FIVE.
TAXES.
Sec. Sec.
1. Collector's duty as to revenues. 14. Young Men's Christian Association ;
2. Same subject, as to tax bills; his lia- property of exempt from taxation.
bility for taxes uncollected. 15. Bonds, etc., of District exempt from
3. Same subject, as to account books; taxation. -
inspection, etc. 16. Orphan asylums; certain property
4. Same subject, as to amounts col- of exempt. - :
lected from leases and wharves. 17. Repeal of laws taxing church prop-
5. Salary of collector; his bond, oath of erty ; title to property sold for taxes
office, etc. - revested in trustees.
6. Transfers of real property; list of to 18. Same subject ; taxes paid to be re-
be furnished semiannually by re- funded.
corder of deeds and register of 19. Congress to appropriate 50 per cent
wills. of estimates approved and balance
7. What real and personal property ex- to be collected by taxation ; limit
empt from taxation. to taxation ; tax on agricultural
8. Church, school, and cemetery prop- lands; tax notice. (NOTE.-Tax
erty ; which exempt. On dogs.)
9. “School-houses” defined; taxes on 20. Assessment of real estate.
refunded. 21. Same subject; in 1883 and everythird
10. Cemeteries, which shall be taxed ; year, etc.
proviso. 22. Same subject; pistrict divided into
11. The Luther Statue Association ; 12 divisions; assessors, their bond
property exempt. - and oath, etc. (NOTE.-Revision
12. St. Mark’s Protestant Episcopa Of assessments.)
Church exempted from taxation; 23. Same subject; maps, field books, etc.,
remission of all taxes due and un- to be furnished; deposit of same.
aid. 24. Same subject ; how assessments shall
13. St. Dominic’s Church ; certain taxes, be made. -
etc., remitted. 25. Same subject ; valuation of property.
Surveyor to keep
office designated
by the Commis-
sioners.
Shall preserve his
official records.
And instruments.
Ibid., sec. 29.
To keep account
of fees and report
Saliſle.
Ibid., sec. 30.
Papers, etc., of
surveyor’s Office to
be deemed prop-
erty of District,
and part of the
public records.
Bond of surveyor.
Ibid., sec. 31.
518
CHAPTER LXV,-TAXES.
Sec.
26.
27.
28.
29.
30.
31.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.
Same subject; returns by assessors.
Same subject; neglect of assessor to
erform duties; penalty for neg-
lect, etc. -
Same subject ; board of equalizations
of assessments; their oath, quorum,
record of their proceedings, assess-
ment valuation of property, hear-
ing of complaints, report of assess-
ments and equalizations.
Same subject ; pay of assessors.
Same subject ; valuation as rendered
to constitute basis of taxation.
Same subject ; valuation of property
to be added to tax list ; new struc-
tures and improvements, return of ;
proviso.
. Same subject ; as to property omitted
from lists, etc.; proviso.
Same subject ; assessor may admin-
ister oath, etc.; subpoenas; fees;
false oath ; penalty for making.
Same subject ; repeal clause.
Improvement taxes erroneously as-
sessed; how refunded and reas-
sessed against proper persons.
Taxes not to be hypothecated. . .
Taxes; payment of may be regulated
by Commissioners, same subject to
be paid into Treasury of United
States; accounts for same to be
settled, etc., by officers of Treasury.
Taxes payable semi-annually, in No-
vember and May. :
Amendment twelfth section, act of
March 3, 1877, past assessments of
property ; valuations to be as of
June 1, except, etc.; amendments
eighth section, act of March 3, 1877,
as to personal property of tempo-
rary residents.
Census to be taken by assessors.
Penalty for delay in paying overdue
taxes.
Sales of lands for taxes in arrears;
expenses. Of pamphlet and adver-
tising ; sales; certificate of sales ;
time for redemption ; deed ; prima
facie evidence of title; minimum,
price to be sold for ; bidding in the
property by Commissioners; when
SO bid in not exempt from taxa-
tion; suit to enforce lien on unre-
deemed property ; right to redeem
until proceedings had ; decree for
sale; precedence of tax cases; sale
under decree ; minimum price ;
surplus proceeds; deed ; redemp-
tion by persons under disability.
Report of collector of sales; deposit
of surplus proceeds.
Sec.
47.
48.
49.
50.
51.
53.
54.
55.
57.
58.
59.
60.
61.
64.
65.
66.
67.
same, assessment on ; Same, fail-
ure to make ; same, when return
of not satisfactory ; same, notice
of rejection; Same, appeal; same,
false affidavit to ; penalty. -
Appraisement of capital stock of cor-
porations; deduction for real estate
in capital stock. -
Time and manner of assessments;
allowances made to persons coming
permanently after June 30, 1878;
goods brought to be auctioned .
must pay full tax.
License act ; legislative assembly re-
pealed in part.
Corporation of District continued for
collection of taxes; suits and ac-
quisition of property.
Lots ; designation of by numbers and
letters to be revised. - .
. This act (March 3, 1877, ch. 117, 19
Stats., p. 396), permanent.
Fees for distresses of personalty to be
placed in Treasury.
Fees collected by inspector of gas
meters, etc., to be paid to collector
and deposited in Treasury.
TJnited States property to be valued.
. Same subject ; how done.
Taxation of lots and squares sold by
the United States.
When sale of real property not made
according to law, amount paid by
purchaser to be refunded.
Re-assessment in cases under pre-
vious section.
Taxes erroneously paid to be re-
funded. -
Rebate of money paid for license
when not granted.
. Surplus at tax sales to be held for
63.
benefit of owner of property.
Same subject; how refunded.
|Errors in sales for taxes to be cor-
rected.
Taxes remitted on lots in Square No.
226 in Washington.
Purchasers at tax sales to have valid
title after two years, and deed to
issue. *
Sale of real estate for arrears of
taxes; publication of list of delin-
quents; a dvertising ; Sales at
auction ; repeal provisions.
(NOTE.-This section superseded.) .
Certain assessments for improve-
ment of real property to be re-
duced.
Same subjects ; drawbacks for re-
ductions to be issued and received
for taxes.
Special improvements; how assessed
and collected.
Any one of several lots of same owner,
or any part of lots, may be sold for
taxes, etc., due on whole.
45.
46.
. Distress for delinquent tax on per-
sonal property; sale of land when
no goods, etc.; how ; advertise-
ment; fees for selling ; report of
distraint and sale ; surplus pro-
ceeds. -
Valid existing debts to be deducted
in assessing personal property.
Schedules of personal 'property;
same, notice of to be advertised ;
same, filling up and verifying ;
68.
69.
'70.
71.
78.
74.
. Sales for taxes not to be void for er-
ror in computing amount.
Heirs and as signs to have same
rights as purchaser at tax sale. . .
Sales for taxes to be recorded in land
records.
CHAPTER Lxv.–TAXES. -- 519
Sec. - g Sec.
75. Personal property not to be sold for certificate as to taxes not included
taxes without ten days’ public therein; public records relating to
notice. - real or personal property to be open
76. List of tax sales to be prepared and to public use and inspection free
kept for inspection; certificate of . of charge. -
taxes due to be furnished by col- 77. Publication of delinquent taxes.
lector; his fee for same; effect of
SEC. 1. The office of treasurer of the District of Columbia is hereby Duty of collec-
abolished from and after the thirtieth day of June, eighteen hundred to as to revenues:
and eighty-One, and the collector of taxes for said District shall, from Mar. 3, 1881.
and after that date, collect all revenues of the District and deposit 21 Stat., 458,
the amounts collected daily with the Treasurer of the United States. rººs. 322,
SEC. 2. All tax bills shall be made up by the collector of taxes, and Collector, duty
he shall be held responsible under his bond for all taxes, except such i. tº, tº bills;
as he may not be able to collect after fully complying with the require. * * *
ments of law. . • , , Ibid.
SEC. 3. It shall be the duty of the collector to keep in his office Collector's ac-
account books, in which shall be entered: First, the dates of pay- iº
ment of all taxes; second, the amounts paid; third, the names of the * O €.
ersons by whom payment has been made; fourth, the years paid , Leg, Ašše m-,
or; fifth, the property paid on; and sixth, the names Of the persons #. * º ch.
to whom assessed. His books shall at all times be open to the inspec- tº " “ ””
tion of [the comptroller] [or] any [other] officer who may be author-
ized by the Commissioners [Governor] to examine the same.
SEC. 4. The amounts collected for leases and wharf charges shall, Collection; fºr
be paid to the collector for payment into the Treasury to the credit * * wharfs,
of the United States and the District of Columbia, in equal parts. palCl.
- Mar. 3, 1887. 24 Stat., ch. 389, p. 574.
SEC. 5. The collector of taxes shall receive an annual compensation Compensation
of four [five] thousand dollars, and that before entering upon his ; i. collector
duties he shall execute a bond in the sum of one hundred thousand * *
dollars, with sufficient surety or sureties, to be approved by the Com- , Leg, Assem.,
'missiomers º conditioned for the faithful performance of i. 23, 1871, ch.
the duties of his office.* 108, p. 145, sec. 7
SEC. 6. The recorder of deeds and the register of wills shall furnish Lists of transfers
the proper officer of the District appointed to receive the same, on or ºf eal Propº
about the first Monday in January and July, in every year, correct º:
lists of the transfers of real property in the city of Washington dur-j Hiei.
ing the next preceding half-year, so far as can be ascertained by the and register of
records in their respective offices; and the District shall make to the wills.
recorder and register such compensation as shall be agreed upon, not Tsec. 141, R. s.
exceeding six cents for each transfer on Such lists. . D. C.
SEC. 7. That the property exempt from taxation under this act shall Property ex-
be the following .# no other, namely: First, the Corcoran Art Build- empt from taxa-
ing, free public library buildings, churches, the Soldiers’ Home, and ºeal and per-
grounds actually occupied by such buildings; secondly, houses for the *
reformation of offenders, almshouses, buildings belonging to institu- Mar. 3, 1877.
tions of purely public charity, conducted without charge to inmates, ſº 117,
profit, or income; cemeteries dedicated and used solely for burial pur- *ś. R.S. 145
poses and without private income or profit; but if any portion of any “” " ``
such building, house, grounds, or cemetery so in terms excepted is
larger than is absolutely required and actually used for its legitimate
purpose and none other, or is used to secure a rent or income, or for
any business purpose, such portion of the same, or a sum equal in
* For oath of collector and all civil officers of the District, see sec. 85 R. S. D. C.; how certified and
recorded, sec. 48, p. 162, Leg. Assem., 1871. Chapter “ District of Columbia.”
520 \
CHAPTER Lxv.—TAXES.
Exemptions of
church, school,
and cemetery
property.
June 17, 1870.
Sec. 147, R. S.
D. C.
16 Stat., 153.
‘‘Schoolhouses”
defined ; taxes on
refunded.
1870, ch. 131.
16 Stat., 153.
June 11, 1878.
20Stat., 108, sec.
14.
2 Sup. R. S., 180.
What cemeteries
shall be taxed ;
proviso.
Sec. 148, R. S.
D. C.
The Luther
Statue Association
property exempt.
Mar. 3, 1885.
23 Stat., 349,
Sec. 4.
Saint Mark’s
Protestant Episco-
pal Church, Wash-
ington, D. C., ex-
empted from tax-
ation.
Remission of
taxes on real es-
tate.
Feb. 23, 1887.
24 Stat., 411.
Saint Dominic’s
Church, District
of Columbia.
Taxes, etc., re-
mitted.
Mar. 3, 1887.
24 Stat., 495.
value to such portion, shall be taxed against the owner of said build-
ing or grounds; thirdly, such property as is now exempt from taxa-
tion by laws of the United States; fourthly, personal property not in
said District and taxed elsewhere, but owned by persons domiciled
in said District ; fifthly, personal property not held for sale and riot
over the value of five hundred dollars.
SEC. 8. All churches and School-houses, and all buildings, grounds,
and property appurtenant thereto, and used in connection there with
in the District, and any cemetery therein, held and owned by a reli-
gious Society, having a regular and known place of worship, or by any
incorporated association, shall be exempt from any and all taxes or
assessments, national or municipal. [See next section.]
SEC. 9. The term ' ' school houses” in the act of June seventeenth,
eighteen hundred and seventy, chapter thirty, was intended to
embrace all collegiate establishments actually used for educational
purposes, and not for private gain; and that all taxes heretofore
imposed upon such establishments, in the District of Columbia, since
the date of said act are hereby remitted, and where the same Or any
part thereof has been paid, the sum so paid shall be refunded. But
if any portion of any said building, house, or grounds in terms
excepted is used to secure a rent or income, or for any business pur-
pose such portion of the same, or a sum equal in value to such portion,
shall be taxed. [See preceding section.]
SEC. 10. All cemeteries in the District, outside of the cities of
Washington and Georgetown, the owners of which sell lots or burial-
rights indiscriminately to those applying therefor, except those Owned
by incorporated associations, shall be assessed and taxed as other
property in the same parts of the District, but all lots in such ceme-
teries, when actually sold for burial purposes, shall be exempt from
taxation. -
SEC. 11. The lands of said body corporate [The Luther Statue
Association] shall be located in the District of Columbia, and shall
not exceed five thousand square feet. The lands acquired and held
by said body corporate, and the statue erected thereon, and all the
improvements and appurtenances thereto, shall be entirely exempt
from taxation, and shall not be chargeable or assessed for any pur-
pose whatever : Provided, That this act may be modified, repealed
or amended, whenever Congress may see fit to do so.
SEC. 12. From and after the passage of this act a certain piece of
land situated in the city of Washington, District of Columbia, known
as lots nine and eleven, in square seven hundred and eighty-eight of
the plan of that city, and occupied by the church known as Saint
Mark’s Protestant Episcopal Church, and all the buildings, grounds,
and property appurtenant thereto and used in connection there with
in the District of Columbia, shall be exempt from any and all taxes
or assessments, national, municipal, or county; and all taxes together
with the interest and penalties, now due and unpaid upon said
property, shall be, and they are hereby, remitted.
SEC. 13. The Commissioners of the District of Columbia be, and
they are hereby, authorized and directed to remit all taxes, penalties,
and interest heretofore assessed and now due and unpaid on all that
portion of square numbered four hundred and sixty-six in the city
of Washington, District of Columbia, which is exclusively used for
religious and educational purposes.
CHAPTER Lxv.—TAXES. 521
SEC. 14. The property known as lot three, square two hundred and ...Young Men's
twenty-two, being house numbered fourteen hundred and nine New º:
York avenue, in Washington City, District of Columbia, occupied : ion, Washing-
• TVſ, ~~~ 2 © B e. • ? e - g On ; property ex-
by the Young Men's Christian Association of Washington, be, and empt from taxa-
the same is hereby, exempt from all taxation so long as the same is tion.
SO Occupied and used; and the taxes which have accrued and become
- º - e Jan. 26, 1887.
due on and after July first, eighteen hundred and eighty-four, be, Šišiai. 364.
and the same are hereby, released, subject to the provisions of sec-
tion eight of the act approved March third, eighteen hundred and
Seventy-seven, providing for exemptions of church and school prop-
erty from taxation. (See § 5, 21 Stat., 467; 19 Stat., 899.]
SEC. 15. All bonds of other public securities of the District of p. etc., º:
o re te "e - :U exemp
Columbia be, and they are hereby, exempted from local taxation by from taxation by
the Government of the District of Columbia. . . District.
Leg. Assem., Jan. 19, 1872, sec. 1, p. 29.
SEC. 16. All taxes and assessments heretofore levied upon orphan Orphan asylums,
asylums, and on the grounds actually occupied thereby, together º property
with all penalties, costs, and interest that may have accrued thereon, ...'P' "
shall be, and hereby are remitted and released; and said asylums º
and grounds shall hereafter be exempt from taxation while so occu- ſº, 13.
pied: Provided, That all other real estate belonging to such institu- 2 21 Stat., 513, sec.
tions shall still be held for assessment and taxation, and for all pre- 2 sup.R.S.,39s.
vious assessments and taxes. - 5
SEC. 17. So much of an act of Congress entitled “An act for the , Repeal of law
government of the District of Columbia, and for other purposes”, i.ehurch
º : … º Te property.
approved June twentieth, eighteen hundred and seventy-four, as was -
construed to authorize the Commissioners of the District to set aside 1874, ch. 337.
former exemptions from taxation of church property which was 19 Stat., 117.
actually held and used for the purpose of divine worship, and to
enforce a tax upon such property, be, and is hereby, repealed; and
the title to such property is hereby declared to vest in the trustees, Title to property
or such other persons as held the title to the same at the time of the º 㺠*** 62 S
passage of the act of eighteen hundred and seventy-four, or their “*:
successors in interest, notwithstanding the sale of Such property for June 21, 1879,
non-payment of taxes. - 21 Stat., 23, ch.
- 33, sec. 1.
- - 2 Sup. R.S., 266.
SEC. 18. The Commissioners of the District of Columbia be, and . Taxes to be re-
they hereby are, authorized and required to refund to the trustees or funded.
other proper officers of such church or churches as have paid the Ibid., sec.g.
taxes assessed against them under the act of June twentieth, eight-
een hundred and seventy-four, such sums respectively as were paid
by each upon property actually held and used for the purpose of
divine worship.
SEC. 19. To the extent to which Congress shall approve of said Congress to ap-
estimates, [of the Commissioners] Congress shall appropriate the propriate fifty per
amount of fifty per centum thereof; and the remaining fifty per :º
centum of such approved estimates shall be levied and assessed upon jºio.
the taxable property and privileges in said District other than the lected by taxation.
property of the United States and of the District of Columbia; and
all proceedings in the assessing, equalizing, and levying of said taxes,
the collection thereof, the listing return and penalty for taxes in
arrears, the advertising for sale and the sale of property for delin-
quent taxes, the redemption thereof, the proceedings to enforce the
lien upon unredeemed property, and every other act and thing now
required to be done in the premises, shall be done and performed at
the times and in the manner now provided by law, except in so far
522
CHAPTER Lxv.—TAXES.
Tax on agricul-
tural lands.
Tax notice.
June 11, 1878.
20Stat., 102, ch.
180, p. sec. 3.
1 Sup. R.S.,342.
Assessment of
real estate.
Mar. 3, 1883.
22 Stat., 568, ch.
137, sec. 1.
2 Sup. R. S.,413.
Assessments in
1883, and e very
third year, etc.
Ibid., sec. 2.
Twelve subdis-
tricts.
Ibid., Sec. 3.
ti Limit of taxa- as is otherwise provided by this act: Provided, That the rate of tax-
OIl.
ation in any one year shall not exceed one dollar and fifty cents on
every one hundred dollars of real estate not exempted by law; and
on personal property not taxable elsewhere, One dollar and fifty cents
on every one hundred dollars, according to the cash valuation
thereof: And provided further, Upon real property held and used
exlusively for agricultural purposes, without the limits of the cities
of Washington and Georgetown; and to be so designated by the
assessors in their annual returns, the rate for any one year shall not
exceed one dollar on every one hundred dollars. The collector of
taxes, upon the receipt of the duplicate of assessment, shall give
notice for one week, in one newspaper published in the city of Wash-
ington, that he is ready to receive taxes. *
2 Sup. R. S.,176.
SEC. 20. That all real property, except as hereinafter provided,
shall be assessed in the name of the owner, trustees, or guardian
thereof. All undivided real property of a deceased person may be
assessed in the name of such deceased person until the same is divided
according to law, or has otherwise passed into the possession of some
other person. And real property, the Ownership of which is
unknown, shall be assessed ‘‘ owner unknown.” +
SEC. 21. That real #. shall be assessed and valued in the year
eighteen hundred and eighty-three, and every third year thereafter,
as herein provided.
SEC. 22. That the Commissioners shall, on the second Monday of
March, eighteen hundred and eighty-three, or as soon thereafter as
practicable, and every third year thereafter, divide the District into
not exceeding twelve Subdistricts, and shall appoint One assessor to
each subdistrict, who shall be a resident thereof. Each person so
Assessors, their
bond and Oath of
Office.
Failure to dis-
charge duties.
appointed shall, within ten days after receiving notice thereof, file
with said Commissioners his bond, payable to the United States, with
sufficient surety to the acceptance of said Commissioners, in the sum
of two thousand dollars, conditioned that he will faithfully, dili-
gently, and impartially perform all and singular the duties enjoined
upon him by law. And he shall, moreover, take and subscribe an
Oath of Office. If any such appointee shall fail to qualify as afore-
said within the time prescribed, or shall fail to enter upon the dis-
charge of his duties within five days after such qualification, the
appointment shall be void, and the Commissioners shall forthwith
appoint another suitable person, who shall qualify as above provided.
5 Mackey Rep., 422, Ins. Co. vs. D. C.
Commissioners
to furnish maps,
field books, etc.;
deposit of same,
etc.
Ibid., Sec. 4.
Assess m ent s,
how made.
SEC. 23. The Commissioners shall furnish each of said assessors a
map and field-book of the respective subdistricts which he is
appointed to assess and value, which shall contain an accurate list of
each tract, together with a pertinent description of the real property
situate therein, and, as far as may be known, the owner thereof, and
also such blanks, forms, books, surveys, and plats as may be neces-
sary for a systematic statement of the property to be assessed. Upon
the completion of the assessment, each assessor shall deposit with
the assessor of the district all maps, field-books, surveys, and plats,
and all his notes and memoranda thereof. -
SEC. 24. Real estate in Washington or Georgetown, except such as
is now or may hereafter be exempt by law from taxation, shall be
assessed according to the number of the squares and lots thereof, or
parts of lots, and upon the number of square or superficial feet in
Ibid., sec. 5.
* For tax on Dogs, see chapter on “Animals.” . .
t For Roard to revise assessment of real estate, see 27 Stat. L., ch. 380, p. 366, Aug. 5, 1892.
CHAPTER Lxv.—TAXES. - 523
each square or lot, or parts of a lot, and in the county the agricul-
tural lands shall be assessed by the acre, and suburban lots by the
square foot, as in the city of Washington. - -
SEC. 25. Each assessor shall, in all cases, from actual view, and Yººtion Of
from the best sources of information in his reach, determine, as **:
nearly as practicable, the true value of each separate tract or lot of Ibid., sec. 6.
real property in his district in lawful money, and he shall separately
estimate the value of all improvements on any tract or lot, and shall
note the same in his field-book, which shall be carried out as part of
the value of such tract or lot, and he shall also return the dimensions
to each tract or lot.
Assess or's re-
SEC. 26. Each assessor shall, on or before the first Monday of June, tu.
eighteen hundred and eighty-three, and every third year thereafter,
make out and deliver to the Commissioners, a return in tabular form, Ibid., Sec. 7.
contained in a book to be furnished him by said Commissioners, of
the Ownership, amount, description, and value of the real property
subject to j for taxation in his district. He shall also enter
in a separate list a pertinent description of all property exempt from
taxation under the provisions of existing law, together with the own-
ership and use of the same, and shall estimate and return the
true value thereof. All real property, the 'ownership of which is not
known, shall be returned, as to ownership, “unknown.” -
SEC. 27. Every assessor who shall refuse or knowingly neglect to Neglect, etc., of
perform any duty enjoined on him by law, or who shall consent to, assessor to per-
or connive at, any evasion of the provisions of this º whereby form duty.
any property required to be assessed shall be unlawfully exempt, or
the valuation thereof entered at less than its true value, shall, On
conviction thereof, be liable to a finenot exceeding two hundred dol- Penalty.
lars for each offense, which may be collected from his bond afore- — ;-
Said. Ibid., sec. 8.
SEC. 28. The assessor of the District and the assessors herein pro- Board of equali-
vided for shall compose a board of equalization of the real property, 4&tiºn ºf assess-
and they shall convene at an office, to be provided by the Commis: “” e?
Sioners, on the first Monday of June, eighteen hundred and eighty- Ibid., sec. 9.
three, and every third year thereafter. They shall each take an
Oath fairly and impartially to equalize the value of the real property Oath.
according to law. Any seven of them shall constitute a quorum Quorum.
and a clerk appointed by the Commissioners shall keep a full and Record of pro-
accurate account of their proceedings and Orders. They shall imme- ceedings.
diately proceed to equalize the valuation made as aforesaid by the
assessors, so that each lot and tract, and the improvements thereon,
shall be entered upon the tax-list at their true value in money ; and . True valuation
for this purpose they shall hear such complaints as may be made in in ºn Y.
respect of Said assessment, and in determining them they may raise jºins of com-
the valuation of such tracts or lot as, in their opinion, may have I e
been returned below their true value, and reduce the valuation of
such as they may believe to have been returned above their true
-value to such sum as, in their opinion may be the true value thereof;
but they shall not reduce the aggregate value of the real property
below the aggregate value thereof as made and returned by said
assessors. All assessments and equalizations made pursuant to the
provisions of this act shall be finally completed and be reported to . Report made to
the Commissioners of the District on or before the first Monday of ºmmissioners,
August of each year in which an assessment is made. Aug. 5, 1892.
27 Stat., ch. 380, p. 366.
SEC. 29. Each assessor shall be entitled to receive for each day Pay of assessors.
necessarily employed in the performance of his dutes the sum of five Tinia. In
dollars, for a period not exceeding one hundred and fifty days. • 3 ºvv • A. v .
524 CHAPTER Lxv.–TAXES.
Valuation as ren- SEC. 30. The valuation of the real P. made and equalized as
: ; º aforesaid shall constitute the basis of taxation for the next succeed-
* * * ing period of three years, and until another valuation is made accord-
Ibid., Sec. 11. ing to law. • -
valuation of SEC. 31. Annually, on Or prior to July first, the assessor of the
property to be District shall take a list of º real property which shall have become
added to list sub-subject to taxation, and is not on #. tax-list, and affix a value
jºº" " " thereon, according to the rules prescribed for assessing real estate;
Return of new and he shall make return of all new structures and additions to or
stºres: etº. improvements of old structures of over one hundred dollars in value,
.*P**** the value of which shall not have been included in the valuation of
- e the land on which such structures have been erected, specifying the
Ibid., sec. 12, tract or lot of land on which each of such structures has been
erected, and the value which has been added to any such lot or tract
by reason of such structure, and the assessor shall add such valua-
tion to the assessment made on Such tract or lot ; and in case of the
destruction of any structure from any cause, of over one hundred
dollars in value, the value of which has been included in any former
valuation of the tract or lot on which it is situate, the assessor shall
determine and make return how much less valuable such lot or tract
is by reason of such destruction, and the assessor shall deduct the
same from the valuation of such tract or lot as it stands upon the
Proviso. list : Provided, That the assessor of the District of Columbia shall
hear such complaints as may be made in respect of said assessments
and determine the same between the first and third Monday of July
of the same year, subject to the approval of the Commissioners of
the District. --
Property omit- SEC. 32. If the assessor of the District shall, learn that any prop-
ed from lists, etc. erty liable to taxation has been omitted from the assessment for any
g previous year or years, or has been SO assessed that the assessment
*** was void, it shall be his duty at once to assess such property for each
and every year after the passage of this act for which it has escaped
assessment and taxation, and report the same to the collector of
taxes, who shall at once proceed to collect the taxes so in arrears as
Proviso. other taxes are collected : Provided, That no property which has
escaped taxation shall be liable to assessment and taxation under
this section for a period of more than three years prior to such
assessment.
Assessor may SEC. 33. The assessor of the District, in the discharge of any of the
administer oaths, duties devolved upon him or the board of equalization, by any pro-
etc. visions of this act, may administer all necessary oaths or affirmations.
Ibid., sec. 14. He shall have power to Summon the attendance of any person before
said board, or himself, to be examined under oath touching such
matters and things as they or he may deem advisable in the dis-
charge of their said duties; and any member of the Metropolitan
Subpoenas. Police force or constable of the District may serve subpoenas in this
Fees. behalf. Such fees shall be allowed witnesses so examined, to be
paid out of the contingent fund of the Commissioners, as are allowed
in civil actions before justices of the peace. Any person who shall
False oath. knowingly make false oath or affirmation shall be guilty of perjury,
Penalty. and, upon conviction thereof, be punished according to laws in force
for the punishment of perjury. - - -
Repeal, etc. SEC. 34. This act shall be in force from and after its passage; and
Ibi all laws and parts of laws inconsistent here with are hereby repealed,
id., Sec. 15. - • 7 * e
as also all laws allowing any deduction of taxes assessed against any
person because of payment thereof within a period of thirty days
receiving notice that the collector of taxes is ready to receive the
taxes assessed.
CHAPTER Lxv.—TAXES. - 525
SEC. 35. The Commissioners of the District of Columbia be, and Refund of im-
they are hereby, authorized and empowered to refund to any per-Prº.º.es
sons who have heretofore been erroneously assessed for special im- ...”.
provement taxes on property not belonging to them, such moneys as and reassessed.
they shall be found to have paid as taxes upon such erroneous assess-
ment; and the said Commissioners are empowered to correct any May 23, 1:8.
assessment so found to have been made, and collect the tax from the 1 * Stat., 87, ch.
rightful owners of the property. e
SEC. 36. All taxes heretofore lawfully assessed and due, or to Taxes not to be
become due, shall be collected pursuant to law, except as herein other- hypothecated:
wise provided; but said Commissioners shall have no power to anti- sº June20.ch.
#. fºxes by a sale or hypothecation of any such taxes or evidences ***
thereof.
June 11, 1878.
20 Stat., 104. 2 Sup. R. S., 175.
SEC. 37. That the said Commissioners may, by general regulations Regulations of
consistent with the act of Congress of March third, eighteen hundred payment of taxes
and seventy-seven, entitled “An act for the support of the govern- #. be made by
ment of the District of Columbia for the fiscal year ending June “...”.”.”
tº 8 & e * wº 1877, ch. 117 (19
thirtieth, eighteen hundred and seventy-eight, and for other pur- stati., §6).
poses,” or with other existing laws, prescribe the time or times for &
the payment of all taxes and the duties of assessors and collectors in
relation thereto. -
All taxes collected shall be paid into the Treasury of the United . Taxes to be paid
States, and the same, as well as the appropriations to be made by #. United *
Congress as aforesaid, shall be disbursed for the expenses of said ...",".
**e: e e 5 e g bursements; how
District, on itemized vouchers, which shall, have been audited and ...i.
approved by the auditor of the District of Columbia, certified by said
; c. c.3 re º e G 4. • , 1875, Mar. 3, ch.
Commissioners, or a majority of them; 162, sec. 13.
1879, Mar. 3, ch. 182, sec. 2. 1880. June 4, ch. 121, sec. 2.
And the accounts of said Commissioners, and the tax-collectors, ...Accºunts to be
and all other officers required to account, shall be settled and adjusted º sº,
by the accounting-officers of the Treasury Department of the United #.
States. y.
June 11, 1878. 20 Stat., sec. 4, ch. 180. 1 Sup. R. S., 342. 2 Sup. R.S., 176.
SEC. 38. That one-half the tax levied upon real and personal prop- Tax payable
erty shall become due and payable on the first day of November next ºly, .
succeeding the completion of the assessment, and the other half of . ***** *
8-> 5 May.
such tax shall become due and payable on the first day of May next =
following; and in every case where the tax levied shall be paid by §§ 3, isis. }
installments, as herein authorized, each of said payments shall be us".:*, *, *
- * * 48, sec. 3, p. 35.
deemed to have been made on the several funds and for the different ºf $.156.
purposes indicated in the second section of this act; and an equal pro
rata proportion of the payments so made shall be carried to the credit
of the respective funds.
SEC. 39. The twelfth section of the act of Congress entitled “An Amends twelfth
act for the support of the government for the District of Columbia ºn acº Mar.
for the fiscal year ending June thirtieth, eighteen hundred and ***
seventy-eight, and for other purposes,” approved March third, eight- Ibid., sec. 1.
een hundred and seventy-seven, shall be, and is hereby, so amended.
that the assessors appointed under said act, or their successors in
office, shall, before the first day of August, eighteen hundred and
seventy-eight, under the direction of the superintendent of assess-
ments and taxes of said District, assess the value of all the real and
personal property in said District liable to taxation thereunder, and
shall state the same in separate books, to be kept in a systematic man-
ner, and such value for taxation shall be the true value in the law-
526
CHAPTER LXV,-TAXES,
Assessment of
property; Valua-
tions to be as of
June 1, except,
etc. * *s
ful money of the United States of the property so assessed. The
assessed value shall have reference to the date of the first day of
June, eighteen hundred and Seventy-eight, except as to stock in
trade, which shall be the average value of the stock of merchandise
or other articles kept on hand during the year ending June thirtieth,
eighteen hundred and seventy-eight. Said assessors shall, between
the first day of August, eighteen hundred and seventy-eight, and
the twentieth day of August, eighteen hundred and Seventy-eight,
hold daily sessions for the purpose of equalizing the assessments
Amends eighth
section as to per-
sonal property of
temporary resi-
dents.
Census to be
taken by assess-
OTS.
Ibid.,sec.2,
Penalty for de-
lay in paying
taxes when due.
Mar. 3, 1877.
19 Stat., 396
Sec. 4.
2Sup. R. S., 142.
5
Sales of land for
taxes in arrears.
Ibid., Sec. 5.
theretofore made by them, and for the purpose of hearing and
determining any and all appeals from the valuations theretofore
made by them. Each assessor shall, at the meetings of the assess-
ors as aforesaid, make full and detailed reports of his act as such
assessor. And during said period they shall have power to revise
assessments theretofore º by them, or any of them, by either
justly increasing or justly diminishing any particular assessment.
º * º tº º sees 48, post this chapter.]
In section eight strike out the word “domiciled”, and insert in lieu
thereof the words “temporarily residing.”
SEC. 40. That said assessors, while engaged. In making the assess-
ment as required in the first section of this act, shall also take an
accurate census of the inhabitants of said District of Columbia, and
return the same to the Commissioners of said District. For this
purpose, the Commissioners of said District shall prepare the proper
books, so arranged as to show, under proper heads, the name, sex,
birth-place, race, age, and Occupation of such inhabitants, and such
other information as they shall prescribe.
SEC. 41. That if one-half of the tax herein levied upon the real
and personal property taxed by this act shall not be paid before the
first day of December, eighteen hundred and seventy-seven, said
installment shall thereupon be in arrears and delinquent; and there
shall then be added, to be collected with such taxes, a hº of two
. centum upon the amount thereof, and a like penalty on the first
day of each succeeding month until payment of said installment and
penalty. And if said installment shall not be paid before the first
day of June, eighteen hundred and Seventy-eight, together with one-
half of said Original tax due before said first day of June, a like pen-
alty shall then be added on said last one-half of such tax; and the
whole together shall constitute the delinquent tax, to be dealt with
and collected in the manner prescribed by this act.
SEC. 42. That it shall be the duty of the collector of taxes in said
District to prepare a complete list of all taxes on real property upon
which the same are levied, in arrears on the first day of July
eighteen hundred and seventy eight, including all taxes due to the
late corporation of Washington City, Georgetown, levy court, and
the District of Columbia; and he shall within fifteen days thereafter,
publish the same with a notice of sale, in a pamphlet of which not
less than five thousand copies shall be printed for circulation; and it
shall be the duty of said collector of taxes to give notice by adver-
tising in the regular issue of two daily newspapers published in said
District twice a week for three successive weeks, that said pamphlet
has been printed and that a copy thereof will be delivered to any
tax payer applying therefor at the office of said tax-collector; and
that if the taxes due together with the penalties and costs that may
have accrued thereon, shall not be paid prior to the day, named for
Sale, the property will be sold by the said collector at public auction
at office of said collector in the city of Washington, on the second
Tuesday of August following, and each day thereafter until all is
CHAPTER LXV.—TAXES. -
527
sold, at a fixed hour, between the hours of ten o’clock in the fore-
noon, and four o’clock in the afternoon of said days to the highest
bidder or bidders. . The expenses of said advertising and the printing
of Said pamphlet shall be paid, by a charge of twenty cents for each
lot or piece of property advertised. Upon the day specified afore-
said, the collector shall proceed to sell any and all property upon
which such taxes remain unpaid, and continue to sell the same every
secular day until all the real property as aforesaid shall have been
brought to auction. Immediately after the close of the sale, upon
payment of the purchase-money he shall issue to the purchaser a
certificate of sale, and if the property shall not be redeemed by the
owner thereof within two years from the day of sale by payment to
the collector of said District for the use of the legal holder of the
certificate of the amount for which it was sold at such sale, and fift
teen per centum per annum thereon, a deed thereof shall be given by
the Commissioners of the District, or their successors in office, to the
urchaser at the tax-Sale or the assignee of such certificate, which
eed shall be admitted and held to be prima facie evidence of a good
and perfect title, in fee simple to any property bought at any sale
herein authorized; and all proceedings prior to said deed shall be
presumed to have been regular until the contrary be proved; Pro-
Vided, That no property advertised as aforesaid shall be sold upon
any bids not sufficient to meet the amounts of tax penalty and costs;
but in case the highest bid upon any property is not sufficient to
meet the taxes penalty and costs thereon said property shall there-
upon be bid off by the said Commissioners or their successors in
office, in the name of the District of Columbia; but the property so
bid off, shall not be exempted from assessment and taxation, but
shall be assessed and taxed as other property; and if within two
years thereafter such property is not redeemed by the owner or own-
ers thereof, by the payment of the taxes penalties and costs due at
the time of the offer of the sale, and that may have accrued after
that date and ten per centum per annum thereon, or if any property
two years after having been so bid off at any sale whatever in the
name of said District, under this or any other law, and whether
heretofore or hereafter made is not or has not been so redeemed as
aforesaid, then the Commissioners of the District or their successors
in office shall, in the name and on behalf of the Pistrict of Columbia
apply to the Supreme court of said District sitting in equity for the
purpose of enforcing the lien acquired as aforesaid by said District
on the property aforesaid, and until such judicial proceedings shall
be had the property so as aforesaid sold for taxes, and bid off in the
name of the District, either at any sale heretofore made or at any
sale hereafter to be made, may be redeemed by the owner thereof by
the payment of the taxes and all legal penalties and costs thereon.
Upon proof of the failure of the owner or owners of the property
to redeem it as provided by law, unless it shall be shown by the
defendant or defendants that the sale for taxes was irregular and
void, the court shall, without unnecessary delay, giving these cases
precedence Over current business, decree the sale of said property to
satisfy the taxes, penalties, costs, and interest due to the government
of the District of Columbia ; and the costs of suit and said sale shall
be had in the same manner as of foreclosures, mortgages, or trust-
deeds in said court. No sale shall be made, unless by express order
of the court, for an amount less than the aggregate of said taxes,
penalties, costs, and interest. Any surplus received from said sale
over Said aggregate and the costs of the court, including the commis-
sion of the trustee, shall be paid to the person in equity entitled to
receive it ; and, on confirmation of the sale, the court shall cause to
be issued to the purchaser a deed which shall have the effect to con-
vey to said purchaser all the right, title and estate of all persons
Experises of
pamphlet and ad-
vertising.
Sales.
Certificates of
Sales.
Time for re-
demption.
Deed.
Prima facie evi-
dence of title.
Minimum price.
Property bid in.
Still subject to
tax.
|Bill in equity to
enforce lien on un-
redeemed prop.
erty.
Right to redeem
till proceedings
had.
Decree for sale.
Precedence of
tax cases.
Sale under de-
CTGe.
Minimum price.
Surplus pro-
ceeds.
Deed.
528
CHAPTER Lxv.—TAXES.
Redemption by
persons under dis-
ability.
Ibid., Sec. 5.
Collector's re-
port of sales; de-
posit of surplus
proceeds.
Ibid., sec. 6.
McA. and Mackey
Rep., 36, King vs.
D. C.
Distress for de-
linquent t a X on
personal property.
Ibid., sec. 7.
whomsoever claiming an interest to said property, except as herein-
after provided : And provided also, That minors or other persons
under legal disability be allowed one year after such minors coming
to, or being of full age, or after the removal of such legal disability,
to redeem the property so sold, or of which the title has, as afore-
said, become vested in the District of Columbia, from the purchaser
or purchasers, his, her, or their heirs or assigns, or from the District
of Columbia, on payment of the amount of purchase-money so paid
therefor, with ten per centum per annum interest thereon as afore-
said, and all taxes and assessments that have been paid thereon by
the purchaser, or his assigns, between the day of sale and the period
of such redemption, ten per centum per annum interest on the
amount of such taxes and assessments.”
SEC, 43. That the collector of taxes, immediately after he shall
have made sale of any property as aforesaid, shall file with the
comptroller a written .*. in which he shall give a statement of
the property advertised and the property sold, to whom it was
assessed, the taxes due, to whom sold, the amount paid, the date of
sale, the cost thereof, and the surplus, if any, and the lands so as
aforesaid sold to the District. Any surplus remaining, after collec-
tion of taxes, penalties, and costs, on any real estate, shall be deposited
by the collector of taxes to the credit of the surplus fund, to be paid
to the owner or Owners, or their legal representatives, in the same
manner as other payments made by the District of Columbia.
SEC. 44. That when the installment of one-half of the taxes on
personal property so as aforesaid due and payable before the first
day of November, eighteen hundred and seventy-seven, shall not be
aid before said date, or when the remaining installment shall not
e paid before the first day of June, eighteen hundred and seventy-
eight, them, and in either such event, the collector of taxes, or his
deputy, may distrain sufficient goods and chattels found within said
District, and belonging to the person, persons, association, firm, or
corporation charged with such tax, to pay the taxes remaining due
under the provision of this law from such persons, firm, association
or corporation, together with the penalty thereon and the costs that
may accrue ; and, for want of such goods and chattels, said collector
may levy upon and sell at auction, in like manner, the estate and
interest of such person, firm, association, or corporation in any par-
cel of land in said district ; and in that case the proceedings as to
such land subsequent to sale shall be the same as in the case of taxes.
against real estate, as in this act provided ; and thereupon said col-
lector shall immediately proceed to advertise the same, by public
notices posted in front of the court-house, in the city of Washington,
and in the office of said collector, and by advertisement three times
for one week in Some daily newspaper published in said District, as
hereinafter provided, stating the time when and the place where
such property shall be sold, the last publication to be at least six
days before the day of sale ; and if the taxes and penalty thereon
for which such property shall have been distrained, and the costs
and expense º; shall have accrued thereon, shall not be paid
before the day fixed for such sale, which shall be not less than ten
days after the taking of such property, the collector shall proceed
to sell, at public auction, in front of his office, to the highest bidder,
such property, or so much thereof as may be sufficient to pay said
taxes, penalty, and accrued costs and expense of such distraint and
sale. The collector of taxes shall be allowed, for making such dis-
tress and sale, the same fees as are now by law allowed to the mar-
shall of said District for making levy and sale of property under
Sale of land,
when no goods,
etc.
Proceedings in
C as e of sale of
land.
Advertisement.
Sale.
Fees for selling.
* See Act regulating tax sales. 26 Stat., p. 24, ch.40, Mar. 19, 1890; 2 Sup.R.S., p. 709. See also 27 Stat.
L., ch. 74, p.37, May 13, 1892. ->
ºtion of delinquent tax sales. 21. Stat., 36, ch. 41, sec.4, June 27, 1879. See Sec. 77 of this
Chapter,
CHAPTER LXV.—TAXES.
529
execution. Said collector shall report in detail every such distress
and sale, im writing, to the Commissioners of the District, or their
successors in office ; and his accounts, in respect of every such dis-
tress or sale, shall forthwith be submitted by him to the accounting
officers of the District, and audited by them. Any surplus resulting
from such sale shall be paid into the treasury of the District, and,
upon being claimed by the owner or Owners of the goods and chat-
.. shall be paid to him.
SEC. 45. That from the assessed value of the credits only of any
person there shall be deducted the amount of any valid and bona-
fide debt or debts which any such person shall individually and
absolutely owe, in respect of which he has no remedy over against
any other person, upon the same being established by the affidavit of
such person claiming deduction as hereinafter provided.
SEC. 46. That the Commissioners of said District or their succes-
sors in office shall cause to be prepared, a printed blank schedule of
personal property, including bonds, deeds of trust, mortgages, credits,
and other choses in action or possession owned or held in trust or
otherwise subject to taxation under the provisions of this act,
Report of, d is -
traints and sales.
Surplus proceeds.
Deduction of
debts from credits.
Ibid., sec. 9.
Blankschedules
Of personal prop-
erty. te
Ibid., Sec. 10, p.
399.
together with deductions claimed for exemptions or debts, to which
shall be appended an affidavit in blank, setting forth that the fore-
going presents a full and true statement of all the personal property,
bonds, deeds of trust, mortgages credits, and all other choses in action
or possession, together with the amount of indebtedness on account
of which deductions are claimed, and the kind of property claimed
as exempt, under which class of exemptions, and that the property
claimed as exempt under the fifth clause does not exceed in value
five hundred dollars. And when said schedule is ready for delivery,
notice thereof shall be given by the assessors by advertisement for
six successive secular days, in One or more of the daily papers pub-
lished in said District, and a copy of said schedule shall be delivered
to any citizen applying therefor at the Office of said assessors. Every
person, corporation, or firm in said District liable to taxation here-
under, and every executor, administrator, guardian, or trustee hold-
ing property in trust liable to taxation hereunder, shall, within
forty five days after the first publication of said advertisement as
aforesaid, fill up the proper blanks in said schedule with a full and
true statement in this section above required, and make and sign an
affidavit to the truth thereof as aforesaid before one of the said
assessors, who is hereby authorized to administer such oath without
charge, or before any person authorized by law to administer oaths;
and the address in the District of the affidavit shall in each case be
given below his signature, and thereupon any one of said assessors
shall assess said property at its fair cash value, and enter the same
in the columns upon said blank to be provided for that purpose, and
the amount thus ascertained after making the deductions provided
for in this act shall be entered upon the books for taxation : Pro-
vided, That if any person, firm or corporation, administrator, exec-
utor, guardian, or trustee, shall fail to make for forty five days after
the first advertisement of the motice above required, and deliver to
the assessors or One of them, the schedule of his or its said property
held in trust or otherwise, as in this section provided for, any one
of said aseessors shall, without delay from the best information he
can procure, make an assessment against Such person, firm or corpo-
ration, to which he shall add fifty per centum thereof: Provided
further, That if a majority of said assessors be not satisfied as to the
correctness of the return of personal property so made by any per-
Son, Corporation, firm executor administrator, guardian, or trustee,
any One of Said assessors may, from the best information he can pro-
Notice of sched-
ules advertised.
Filling up and
swearing to sched-
ules.
ASSessment. On
Schedules.
Failure to make
schedule.
When return of
Schedule not satis-
factory.
34 C S
530
CHAPTER LXV,-TAXES,
Notice of rejec-
tion.
• Appeal.
False affidavit ;
penalty
Tax on capital
stock.
Shareholders
not taxed.
Deduction of
real estate from
stock.
Ibid., sec. 11.
Time and man-
ner of a ss ess-
Iments.
Ibid., sec. 12 in
part.
2 Sup. R.S.,146,
147.
Persons comin
into District after
June 30, 1877.
Goods brought
in for sale at auc-
tion. -
cure, or by making such an examination of the personal property as
may be practicable, assess the same in such amount as to him may
seem just ; and notice of the rejection of the Sworn return shall be
given to the party intrusted at the address given by him on the
schedule; if he shall have given one ; and he shall in all cases have
the right of appeal to the board of assessors within the time herein-
after limited : And provided further, That if any person shall make
a false affidavit touching the matters herein provided for, he shall
be deemed guilty of perjury, and, upon conviction thereof, shall be
subject to the penalties for that offense now provided for by section
fifty-three hundred and ninety-two of the Revised Statutes of the
United States. - - *
SEC. 47. That the capital stock of all corporations in said District.
not herein exempted shall be appraised in bulk by the assessor, and
the corporation issuing the same shall be liable for the tax thereon.
according to such value and the shares in the same shall not be
assessed against the individual owners thereof; but from the
appraised value of the stock shall be first deducted the value of any
real estate of said corporation in said District, which shall be sepa-
rately taxed against said corporation.
SEC. 48. Said assessors shall, before the first day of October, eight-
een hundred and seventy-seven, under the direction of the Superin-
tendent of assessments and taxes of said District assess the value of
all the real property not embraced in the assessment for the fiscal
year, ending June thirtieth, eighteen hundred and seventy seven,
inclusive of all buildings erected, or roofed, improved or enlarged,
and not heretofore taxed, and all personal property in said District
liable to taxation and shall state the same separately, in books to
be kept in a systematic manner; and such value for taxation shall
be the true value in the lawful money of the United States of the
property so assessed. The assessed value shall have reference to the
date of the first day of July, eighteen hundred and seventy seven,
except in regard of buildings erected, roofed, improved, or enlarged
subsequent to that date, or, in the case of stock in trade, shall be the
average value of the stock of merchandise or other articles kept on.
-hand during the year ending June thirtieth, eighteen hundred and
seventy seven. *
Where a person, coming into the District subsequent to June
thirtieth, eighteen hundred and seventy seven, engages in trade of a
permanent character, he shall pay a tax proportioned to the fraction.
of the tax year ending June thirtieth eighteen hundred and seventy
eight, during which he conducts said trade and the assessment in
said case shall have reference to the average stock in trade for sixty
days from the date of commencing business; but when any person.
shall bring a stock of goods of any character whatever into the
District for sale by auction, a tax of one and one half per centum shall
be paid to the collector of the District; and; it jºi be the duty of
the auctioneer making such sales to deduct the said tax from the
gross proceeds of each and every sale so made by him at the close of
each day’s sale and pay the same to the said collector; and when
goods are so brought into the District to be otherwise disposed of
than at auction, and in a place of business temporarily occupied for
their sale, then before it shall be lawful to make any sales whatever,
the owner of said goods shall notify the board of assessors who shall
assess the entire stock to be sold, at its fair cash value, and the
Owner thereof shall pay to the collector of the District a tax of one
and One half per centum on such assessed value, and shall receive a
receipt therefor, which receipt shall be his permit to proceed with
the sale of the goods; and any auctioneer or owner of goods who
shall violate the provisions of this section, or any part thereof shall
Chapter LXV.—TAXES. y * 531
be fined in the police court of said District, on information filed
therein, in the name of the District of Columbia, in the manner .
used for breach of municipal Ordinances and laws, not less than one
hundred dollars and not more than one thousand dollars.
[See § 39 post, this chapter.]
SEC. 49. That the twenty-third section of the act of the legislative License act of
assembly of the District of Columbia, entitled “An act imposing a legislative assem-
license on trades, business, and professions practiced or carried on bly, repealed in
in the District of Columbia,” approved August twenty-third eighteen P^*.
hundred and seventy-One, clause twenty of the twenty-first section Mar. 3, 1877.
of Said act, and all other laws and acts, or parts thereof, inconsistent 19 Stat., p. 401,
here with, be, and the same are hereby, repealed. *śs. R. S., 147
SEC. 50. That the Corporation of the District of Columbia is con- Corporation of
tinued for all the purposes of this act and other acts for the collec- District continued
tion of taxes, for suing and being sued, for causes arising prior to : collection of
June twentieth, eighteen hundred and seventy-four, and for acquiring .# *...*
and holding real estate for school and municipal purposes. property.
Ibid., sec. 15.
SEC 51. That hereafter no two lots or subdivisions of Original or Designation of
Other lots in any square of ground in the District of Columbia shall lots by number
be designated by the same number or by the same letter of the and letter to be
alphabet, and the Commissioners of the District of Columbia, or *
their successors in office, shall cause the numbers and letters desig- Ibid., sec. 16.
nating lots in all the squares of ground in said District to be revised
and changed to conform to this requirement ; and they shall make
Such further changes in the existing numbers or letters designating
lots in any of the squares in the cities and villages in said District
as may, in their opinion, facilitate and simplify the labor of assessing
real estate therein.
SEC. 52. That this act shall remain in force as the tax law of the This act perma-
District of Columbia for each subsequent year after June thirtieth, nent.
eighteen hundred and seventy-eight, until repealed.* Ibid., sec. 18.
SEC. 53. The fees and cost of proceeding, collected by the collector Fees for distress
of taxes under the act of March third, eighteen hundred and seventy- ºf Personal ty,
seven,” for making distress and sale of property for personal taxes ...” be de-
in arrears, shall be deposited by said collector in the Treasury of the | ©
United States as other revenues of the District are deposited. Mar. 2, 1889.
25 Stat.,794. 19 Stat. ch. 117, sec. 7. 2 Sup. R. S., p. 144. 2 Sup. R. S., 676.
SEC. 54. All fees collected by the inspector of gas and meters and . Collector shall
the harbor-master and amounts collected for leases of streets and . ...i.
reservations and wharf charges shall be paid to the collector for pay- i. i.” ay
ment into the Treasury to the credit of the United States and the
District of Columbia in equal parts. July 3, 1.
- 25 Stat., 316.
SEC. 55. There shall be a valuation taken of all real estate belong- Valuation of
ing to the United States in the District, except the public buildings, ºn tººd States
and the grounds which have been dedicated to the public use as Pº”.
parks and squares, at least once in five years, and return thereof , R. S. D. C., sec.
shall be made by the Commissioners [governor] to the President of 138.
the Senate and Speaker of the House of Representatives on the
§: day of the session of Congress held after such valuation shall
e taken. -
SEC. 56. All valuations of property belonging to the United States ...Yºuations, how
shall be made by such persons as the Secretary of the Interior shall “”.
appoint, and under such regulations as he shall prescribe. is: S. D. C., Sec.
* Act Mar. 3, 1877, ch. 117, 19 Stat... p. 396, 2 Sup. R. S.141.
532 - CHAPTER LXV.—TAXES,
\
\
Lotsandsguares . SEC. 57. It shall be the duty of the chief of engineers in charge of
gº. public buildings and grounds, within ninety days after the sale of
... *** * any lots or squares belonging to the United States in the city of Wash-
te ington, to report the fact to the proper officers of the District, giving
1 * S. D. C., see: the date of sale, the number of the lot and square, and the name of
the purchaser ; and such lots or squares shall be liable to taxation
by the District from the day of sale. < -
When sale of SEC. 58. In all cases of sales of real property for taxes due in the
real property, not city of Washington, where such sale shall not have been made accord-
.."; * ing to law, and void, it shall be lawful for the proper authorities, on
... * the application of the purchaser, or other person entitled under him,
rº to refund and pay to such person the amount paid by him. On account
ps: * * * of such purchase, and also the subsequent taxes accrued and paid on
e the same property. .
Re-assessment SEC. 59. In the cases provided for by the preceding Section, it shall
in such cases. be lawful for the proper authorities to re-assess the amount of taxes
Sec. 159, R. S. so refunded on the property on which the same accrued, which shall
}. be collected in the manner provided by law for the collection of
. taxes at any time after such re-assessment shall have been
IOla,Cl62.
Taxes erroneous- SEC, 60. The Commissioners are [the Governor is] hereby author-
ly paid to be re-ized and instructed to cause all taxes erroneously paid in the District
funded. f l te refunded h * º . ting e *
of Columbia, to be refunded by the proper accounting and disburs-
Leg. Assem , ing officers of said District, upon the certificate of the Collector of
łº, 1873, See, such erroneous payment, which certificate shall state the nature of
, D. O3. the error, the name of the person or persons by whom such excessive
5 &
payment was made, and such other particulars as may be necessary
to satisfy the accounting officers that such claim for reimbursement
is just and equitable; and the said accounting and disbursing Officers
shall pay all moneys so refunded Out of, and charge the same to, the
fund which was credited with the erroneous payment.
- - See §§ 35, 58 of this chapter.]
, Money paid for SEC. 61. Whenever any person shall deposit money with the col- .
Fº # * lector [in the treasury] for the purpose of procuring a license, and
o be refunded. e T - e. *... Š-34-
- said license shall have been subsequently refused by legal authority,
Ibid., sec. 2. it shall be the duty of the collector [accounting and disbursing Officers
of the District] to refund the money so deposited, deducting there-
from an amount justly proportionate to the time during which such
license shall have been used by the applicant therefor, or his repre-
sentatives, and charge the amount so refunded to the fund which
was credited with the original deposit.
. When property SEC. 62. In all cases of sales of property for non-payment of taxes,
hº where the amount bid and paid therefor is in excess of the taxes
.*.*... and the cost incurred in enforcing the collection thereof, such excess
costs to go to the shall be placed in the treasury [to the credit of the surplus fund, .
surplus fund for where it shall remain subject to the order of the owner or Owners of
the beneft of the such property, or his or their legal representatives, and shall be paid
* **P*P [by the accounting and disbursing officers of this District, on the
J - demand of owner or owners, or his or their representatives, on the
Ibid., Sec. 3. presentation of satisfactory evidence that he or they are entitled to
receive it; [and all payments made under the provisions of this sec-
tion shall be paid out of and charged to the surplus fund.]
º pala * SEC. 63. All moneys paid or deposited according to law, for the
†: ". 1. redemption of property sold for taxes, [shall be credited to the redemp-
Fºgºº. . tion fund, and the same] shall be paid by the accounting and dis-
demption fund, bursing officers of the District to the person or persons entitled to
CHAPTER LXV,-TAXES. - * 533.
receive it, on the presentation of the certificate of the collector [Reg- and be paid to per-
ister;] ſand all payments by virtue of this section shall be payable sº ºited to re-
out of and charged to the redemption fund.] º
s" - Ibid., Sec. 4.
SEC, 64. In all cases of defects or errors in any sale of property Provision for pro-
for taxes, the Collector shall issue a certificate of the facts in such tection of purcías.
case, giving all the particulars; and it shall be the duty of the proper ers in cases of de-
accounting and disbursing officer of the said District to reimburse º of errors in
to the purchaser the amount paid in each case, with interest at the * property
rate of six per centum per annum thereon, to be payable On the Sur- *—
render of the certificate of said sale or the execution of a quit-claim Ibid., Sec. 5.
deed to the said District; and all payments made under the provisions
of this section shall be chargeable to the fund which was credited
with the original deposit.
Af
SEC. 65. The Commissioners of the District of Columbia be, and Taxes on lots in
they are hereby, authorized and directed to remove from the records Square 226, Wash-
of the District all evidence of indebtedness against lot G and part of ington, remitted.
lot F, in square two hundred and twenty-six, in the city of Wash- August 1, 1888.
ington, District of Columbia, so far as the said indebtedness relates 25 Stat., 355.
to special assessment against Said lots levied in the year eighteen
hundred and seventy for special improvements along Pennsylvania
avenue northwest; the owners of the said lots to give bond in double
tho sum of said assessment to indemnify the District against any
loss in consequence of the operations of this act.
SEC. 66. Hereafter sales of real estate, after advertisement as Purchasers at
required by law, by the collector of taxes for the District of Columbia, tax sales to have
for taxes or assessments that have been or may belevied by the Com- ...a title after
missioners of said District, or by other lawful authority, shallentitle . . a n d
& e º tº ed to issue.
the purchaser, his heirs or assigns, if the property be not redeemed
in two years from the date of such sale, to a deed from the Commis- :* 2% lºsſ.
sioners of the District, which deed shall vest in the grantee a good jºy ";
* * * * g. * . e -- sº e 2Sup.,R.S., 519.
and valid title, and shall be presumptive evidence in all controversies
in relation thereto that the property so conveyed was subject to the
taxes for which the property was sold, that such taxes were not paid,
and that the property was not redeemed before the execution of the
deed, and that the manner of levy, notice, sale, and all the other
prerequisites of law were complied with necessary and proper to
make such deed and title valid.
SEC. 67. That the Commissioners of the District of Columbia shall Sale of real estate
prepare a list of all taxes on real property in said District subject to for a rrears of
taxation upon which said taxes are levied and in arrears on the first tºes.
day of July, eighteen hundred and eighty-eight, and each year there- Oct., 12, 1888.
after, including all taxes due to the late corporations of Washington 25 Stat., 556, ch.
City, Georgetown, the levy court of the county of Washington, and 1997.
the District of Columbia; and said Commissioners shall publish the
same, with a notice of sale, in a pamphlet, of which not less than Publication of
five thousand copies shall be printed for distribution to taxpayers list of delinquents.
applying therefor; and a list of said property shall be published
once in a daily newspaper, published in the District of Columbia, at
a cost not to exceed the sum of fifteen cents for each parcel of prop-
erty so advertised. Said Commissioners shall, on the first Tuesday
in January, eighteen hundred and eighty-nine, and the first Tuesday
in September of each year thereafter, give notice, by advertising
twice a week for three successive weeks in the regular issue of two Advertising.
daily newspapers published in said District, that said pamphlet
has been printed, and that a copy thereof will be delivered to any
tax-payer applying therefor at the Office of Said Commissioners, and
that if the taxes due, together with the penalties and costs that may
534
CHAPTER Lxv.—TAXES
Sales at auction.
Repeal provision.
Reduction of cer-
t a in assessments
for improvements
on real estate.
Feb. 12, 1889.
25 Stat., 659.
Drawbacks to be
issued.
Ibid., sec. 2.
have accrued thereon, shall not be paid prior to the day named for
sale the property will be sold, under the diréction of said Commis-
sioners, at public auction, at the office of the collector of taxes of the
District of Columbia, commencing three weeks after the first publi-
cation of said notice and continuing on each following day, Sundays
º legal holidays excepted, until all such delinquent property is
SOICl.
All acts and parts of acts inconsistent here with are hereby
repealed.* t w *
SEC. 68. The provisions of section one of the act of the late legis-
lative assembly of the District of Columbia, entitled “An act
regulating assessments for improvements,” approved December
nineteenth, eighteen hundred and seventy-one, shall be construed
to apply to all cases where the work was done after February
[twenty-first, eighteen hundred and seventy-One, and that the Com-
missioners of the District of Columbia are hereby directed to make.
the necessary reductions in assessment for such work.
SEC. 69. Drawback certificates for the amount of such reductions,
with interest thereon to the date of the passage of this act, shall be
issued to the holders of the liens, the security for which is reduced
by the Operation of this act, and to such other persons as may be
found to have paid in excess of one-third of the cost of such work
Receivable for
taxes.
Special improve-
ments, how as-
sessed and co 1-
lected.
Sec. 151, R. S.
D. C.
A •
Any One of sev-
eral lots of same
owner or part of
lots assessed may
be sold for taxes.
Sec. 157, R. S.
D. C.
Sales or taxes
not to be void for
error in comput-
ing amount due.
Sec. 173, R. S.
D. C.
Heirs and a s-
Signs to have same
drawback certificates shall be issued for the amount of such excessive
payment. All such drawback certificates shall be receivable for
arrears of general taxes due the District of Columbia and unpaid
June thirtieth, eighteen hundred and eighty-eight.
SEC., 70. The Commissioners [board of public works] shall assess,
in such manner as shall be prescribed by law, upon the property
adjoining and to be specially benefited by the improvements author-
ized by law and made by them, a reasonable proportion of the costs
Of the improvement, not exceeding one-third of such cost, which
Sum shall be collected as all other taxes are collected.
SEC. 71. In cases where a number of lots are assessed to the same
person, it shall be lawful for the proper authorities to sell one or
more of them for the taxes and expenses due on the whole; and also
to provide for the sale of any part of a lot for the taxes and expenses
due on that Or other lots assessed to the same person, as may appear
expedient, according to such rules and regulations as may be pre-
scribed by law. * -
SEC. 72. No Sale of any real property for taxes shall be impaired
or made void by reason of any error of the proper officers in making
a computation of the amount of taxes due, the expenses attendant
on the advertisement and Sale, or of the purchase-money and the
interest thereon, notwithstanding the sum erroneously computed
may have been paid by the purchaser, his heirs or assigns; but all
Such sales and the deeds which may be granted on the certifiates
º issued shall be valid and binding as if no such error had been
IIla,Cl62.
SEC. 73. It shall be lawful for the heirs or assigns of any purchaser
of property Sold for taxes under the provisions of the preceding
Sections to receive, do, or perform anything which it may be jawfii
for such purchaser to receive, do, or perform. -
power as purchas-
er at tax Sale.
Sec. 174, R. S.
D. C.
... *The act of Mar. 19, 1890, 26 Stat., 24, supersedes this act.
tfor assessments for special improvements by the Board of Public Works, certificates of indebt-
edness, etc., see 1 Leg, Assem., Aug. 10, 1871, ch. 24, p. 31; also 3 Leg. Assem., May 29, 1873, ch. 1, p.
39, 18 Stat., Sec. 15, p. 501, and 21 Stat. L., ch. 41, p. 36. See sec. 70 of this chapter.
CHAPTER LXV.—TAXES. - 535
SEC. 74. The collector of taxes, or other officer of the District, Report of prop-
charged with the duty of selling any real estate in the city of Wash- ºrty sold for taxes
ington for taxes, shall, within ten days after every such sale, trans- i.ed IIl
mit to the recorder of deeds an accurate report in writing, duly cer- S.
tified, containing a particular description of the property sold, the Sºº. 175, R. S.
amount of taxes for the raising of which it has been sold, the names *:::A d Mack
and residence of the person or persons to whom such property e. i. #.
belongs, or to whom such taxes have been assessed, and of the pur- vs. D.C. '
chaser or purchasers, and the amount of the purchase-money ; dis-
tinguishing how much has been actually paid, and the clear surplus,
if any, coming to the proprietor; which report it shall be the duty
of the recorder forthwith to record among the land-records of the
District, and the expense thereof shall be paid by the party who
redeems the same.
SEC. 75. No personal property in the city of Washington shall be Personal prop-
sold for taxes unless ten days’ previous notice of such sale shall be ;...".
given in Some newspaper printed in Said city. ten days’ public
notice.
. 176, R. S. D. C.
SEC. 76. It shall be the duty of the collector of taxes for the Dis- List of tax sales
trict of Columbia to prepare and keep in his office, for public inspec- #98. Prepared and
tion, a list of lots and squares, arranged in numerical order, of all i. for inspec-
real estate in the city of Washington heretofore sold, or which may ge -
hereafter be sold, for the non-payment of any general or special tax jº, 1%;
or assessment levied or assessed upon the same, said list to show the §§ 283.
- .ſ: --> e 2 Sup. R. S., 216.
date of sale and for what taxes sold ; in whose name assessed at the
time of sale; the amount for which the same was sold; when and to
whom conveyed if deeded, or, if redeemed from said sale, the date
of redemption. And it shall be the duty of said collector, whenever
galled upon, to furnish, in addition to the regular, tax-bills, a certi- Certificate of
fied statement, Over his hand and Official seal, of all taxes and assess- taxes due.
ments general and special, that may be due and unpaid at the time
of making said certificate, and which may in any manner be a lien
upon any real estate located in said District; and for each and every
certificate so furnished by said collector, the party requesting the
same, shall pay into the treasury of said District a fee of fifty cents;
and said certificate when furnished as aforesaid, shall be a bar to the *
tº , * *** * * * * * * Effect of certifi-
collection and recovery, from any subsequent purchaser, of any tax ca. . .”.
or assessment omitted from and which may be a lien upon the real jincided tº
estate mentioned in said certificate, and said lien shall be discharged in
as to such subsequent purchaser but shall not affect the liability of
the person who owned the property at the time such tax was assessed
to pay the same. And it is hereby declared that all public records Public records
which have any reference, or in any way relate, to real or personal relatiº, tººl ºr
property in said District, shall be open to the public for inspection Pºlº,
f f charg to be open to the
Iree of charge. public use and in-
spection free of
charge.
SEC. 77. The date of publication of notice of Sale for delinquent Publication of
* e * g & & & g
taxes provided for in section five of “An act for the support of the delinquent tax
government of the District of Columbia for the fiscal year ending sales.
June thirtieth, eighteen hundred and seventy-eight, and for other ºft.*.
- 25 * * ~-l. S++ v5 19 Stat... 396.
purposes”, º March third, eighteen hundred and seventy- 3.
seven, shall be as follows: & e June 27, 1879.
For the tax year ending June thirtieth, eighteen hundred, and º, Stat., 36,
seventy-nine, said notice of sale shall be published on the first Tues- * *
day of November, eighteen hundred and seventy-nine, and for each
subsequent year on the first Tuesday in September of each such
Yeal'. [See § 42 of this chapter.]
Fee.
536
CHAPTER Lxvi.-USES, STATUTE OF.
POSsession of
CHAPTER
SIXTY-SIX.
USES, STATUTE OF,
Sec.
1. Lands, etc., held to use of another
under will, etc., to vest in usee.
2. Lands, etc., held by one or more
jointly to use of one or more of
joint holders, vest in usees.
3. Persons seized to any use in lands,
etc., shall be seized to any other
TISG. •
4. Where persons are seized of lands to
use of another, for annual rent to
one and rent for life to another,
Sec. -
such usees deemed to be in posses-
sion and seized of such estate as if
conveyance to him had been made ;
powers to distrain; suits to be in
- name of usee.
5. Same subject.
6. Cestwº que use may take same advan-
tage, etc., as person Seized to use
of, in lands, etc., had, should or
Ought to have against any other
person, for waste, trespass, etc.
SEC. I. Whereby the common laws of this realm, lands, tenements,
lands, shall be in and hereditaments be not devisable by testament, (2) nor ought to
him that have the be transferred from one to another, but by solemn livery and seisin,
use.
27 Henry VIII,
A.D. 1535, ch. 10,
Sec. 1.
Alex. Brit. Stat.,
292, 293.
Bilty’s Rep.,231.
matter of record, writing sufficient made bona fide, without covin or
fraud ; (3) yet nevertheless divers and Sundry imaginations, subtle
inventions, and practices have been used, whereby the heredita-
ments of this realm have been conveyed from one to another by
fraudulent feoffments, fines, recoveries, and other assurances craf-
tily made to secret uses, intents, and trusts; (4) and also by Wills
and testaments, sometime made by nude parola, and words, some-
time by signs and tokens, and sometime by writing, and for the
most part made by such persons as be visited with sickness, in their
extreme agonies and pains, Or at such time as they have scantly had
any good memory Or remembrance ; (5) at which times they being
provoked by greedy and covetous persons lying in wait about them, do
many times dispose indiscreetly and unadvisedly their lands and inher-
itances; (6) by reason whereof, and by occasion of which fraudulent
feoffments, fines, recoveries and other like assurances to uses, confi-
dences, and trusts, divers and many heirs have been unjustly, at
sundry times disherited, the lords have lost their wards, marriages,
reliefs, harriots, escheats, aids pur fair fitz chivalier, & pvr file
marier, (7) and scantly any person can be certainly assured of any
lands by them purchased, nor know surely against whom they shall
use their actions, or executions for their rights, titles, and duties;
(8) also men married have lost their tenancies by the courtesy, (9)
women their dowers, (10) manifest perjuries by trial of such secret.
wills and uses have been committed ; (11) the King’s highness hath
lost the profits and advantages of thelands of persons attainted, (12)
and of the lands craftily put in feoffments to the uses of aliens born,
(13) and also the profits of waste for a year and a day of lands of
felons attainted, (14) and the lords their escheats thereof ; (15) and
many other inconveniences have happened, and daily do increase
among the King’s Subjects, to their great trouble and inquietness,
and to the utter subversion of the ancient common laws of this realm ;
(16) for the extirping and extinguishment of all such subtle prac-
ticed feoffments, fines, recoveries, abuses and errors heretofore used
and accustomed in this realm, to the subversion of the good and
ancient laws of the same, and to the intent that the King’s highness,
or any other his subjects of this realm, shall not in any wise here-
after, by any means or inventions be deceived damaged or hurt, by
reason of such trusts, uses or confidences: (17) It may please the
King's most royal majesty, that it may be enacted by his highness,
by the assent of the Lords Spiritual and Temporal, and the Commons,
in this present Parliament assembled, and by the authority of the
Same, in manner and form following ; that is to say, that where any
person or persons stand, Or be seized, of at any time hereafter shall
Chapter Lxvi-USES, STATUTE OF '.
537
happen to be seized of and in any honours, castles, manors, lands,
tenements, rents, services, reversions, remainders, or other heredit-
aments, to the use, confidence or trust of any other person or per-
sons, or of any body politick, by reason of any bargain, sale, feoff-
ment, fine, recovery, covenant, contract, agreement, will, or other-
wise, by any manner means whatsoever it be ; that in every such
case, all and every such person and persons, and bodies politick, that
have, or hereafter shall have any such use, confidence, or trust, in
fee-simple, fee-tail, for term of life, or of years, or otherwise ; or
any use, confidence, or trust, in remainder, or reverter, shall from
henceforth stand and be seized, deemed, and adjudged in lawful
Seisin, estate, and possession of and in the same honours, castles,
manors, lands, tenements, rents, services, reversions, remainders,
and hereditaments, with their appurtenances, to all intents, construc-
tions, and purposes in the law, of and in such like estates as they
had, or shall have in use, trust, or confidence of or in the same ; (19)
and that the estate, title, right, and possession that was in such person
Or persons that were, or hereafter shall be seized of any lands, tene-
ments, or hereditaments, to the use, confidence, or trust of any such
person or persons, or of any body politick, be from henceforth clearly
deemed and adjudged to be in him or them that have, or hereafter
shall have, such use, confidence, or trust, after such quality, manner,
form, and condition as they had before, in or to the use, confidence,
or trust that was in them.
SEC. 2. That where divers and many persons pe, or hereafter shall
happen to be jointly seized of and in any lands, tenements, rents,
reversions, remainders, or other hereditaments, to the use, confidence,
or trust of any of them that be so jointly seized, that in every such
case that those person or persons which have or hereafter shall have
any such use, confidence, or trust in any such lands, tenements, rents,
reversions, remainders, or hereditaments, shall from henceforth have,
and be deemed and adjudged to have only to him or them that have,
or hereafter shall have such use, confidence, or trust, such estate,
possession, and Seisin, of and in the same lands, tenements, rents,
reversions, remainders, and other hereditaments, in like nature,
manner, form, condition, and course, as he or they had before in the
use, confidence, or trust of the same lands, tenements, or heredita-
ments; (2) Saving and reserving to all and singular persons, and
bodies politick, their heirs, and successors, other than those person
or persons which be seized, or hereafter shall be seized of any lands,
tenements, or hereditaments, to any use, confidence, or trust, all such
right, title, entry, interest, possession, rents, and action, as they or
any of them had, or might have had before the making of this act.
SEC. 3. And also saving to all and singular those persons, and to
their heirs, which be, or hereafter shall be seized to any use, all such
former right, title, entry, interest, possession, rents, customs, services,
and action, as they or any of them might have had to his or their own
proper use, in or to any manors, lands, tenements, rents, or heredita-
ments, whereof they be, or hereafter shall be seized to any other use,
as if this present act had never been had nor made; any thing Con-
tained in this act to the contrary notwithstanding.
SEC. 4. And where also divers persons stand and be seized of
and in any lands, tenements, or hereditaments, in fee-simple, or
Otherwise, to the use and intent that some other person or persons
shall have and perceive yearly to them, and to his or their heirs, one
annual rent of a li. Or more, or less, out of the same lands and tene-
ments, and some other person one other annual rent, to him and his
assigns for term of life or years, or for some other special time,
according to such intent and use as hath been heretofore declared,
limited, and made thereof. -
A S S u ra n ce.
made to divers to
use of one or some.
of them.
Ibid., sec. 2.
Alex. Brit. Stat.,
294, 295.
Kilty’s Rep., 231.
|Use in lands,
etc., right of feof—
fees to the use of.
Ibid., sec. 3.
Land assured to:
the use that rent.
of should be paid
out thereof to an–
other.
Ibid., sec 4.
538
CHAPTER Lxvii-WASHINGTON HUMANE SOCIETY.
Ibid., sec. 5.
Alex. Brit. Stat.,
295.
Kilty's Rep.,231.
Cestwi que use
may take Samead-
Vantage, etc., as
persons seized to
use of, in lands,
etc., had, should,
or ought to have
against any other
person for waste,
trespass, etc.
SEC. 5. Be it therefore enacted by the authority aforesaid, That in
every such case the same persons, their heirs, and assigns, that have
Such use and interest, to have and perceive any such annual rents
out of any lands, tenements, or hereditaments, that they, and every
of them, their heirs, and assigns, be adjudged and deemed to be in
possession and Seisin of the same rent, of and in such like estate as
they had in the title, interest, or use of the said rent or profit, and
as if a sufficient grant, or other lawful conveyance had been made
and executed to them, by such as were or shall be seized to the use
or intent of any such rent to be had, made, or paid according to the
very trust and intent thereof; (2) and that all and every such per-
Son and persons as have, or hereafter shall have, any title, use, and
interest in or to any such rent or profit, shall lawfully distrain for
non-payment of the said rent, and in their own names make avowries,
Or by their bailiffs or servants makes conisances and justifications,
(3) and have all other suits, entries, and remedies for such rents, as
if the same rents had been actually and really granted to them, with
Sufficient clauses of distress, re-entry, or otherwise, according to
Such conditions, pains, or other things limited and appointed upon
the trust and intent for payment or surety of such rent.
SEC. 6. And be it emacted by awthority aforesaid, That all and
Singular person and persons, and bodies politick, which at any time
On this side the said first day of May, which shall be in the year of
Our Lord God 1536, shall have any estate unto them executed of and
in any lands, tenements, or hereditaments by the authority of this
act, shall and may have and take the same, or like advantage, bene-
fit, voucher, aid, prayer, remedy, commodity, and profit by action,
entry, condition, or otherwise, to all intents, constructions, and pur-
i. as the person or persons seized to their use of or in any such
ands, tenements, or hereditaments so executed, had, should, might,
or Ought to have had at the time of the execution of the estate
thereof, by the authority of this act, against any other person or per-
Sons, of, or for any waste, disseisin, trespass, condition broken, or
any other offence, cause, or thing concerning or touching the said
lands or tenements so executed by the authority of this act.
Ibid., Sec. 14.
Alex. Brit. Stat.,
297, 298.
Rilty's Rep., 231.
CHAPTER SIXTY-SEVEN.
WASHINGTON HUMANE SOCIETY.
Sec. - Sec.
1. Present name of “Washington Hu- || 8. Penalty for neglect of preceding re-
mane Society ;” operations ex- quirements.
tended to protection of children as 9. Search for animals believed to be ill
well as animals; officers and agents treated.
may prefer complaints before | 10. Prosecution of offenders; disposition
Courts. © . of fines.
2. Police to aid officers in discharge of 11. Impounded animals to be fed and
duty and detail police or commis- watered ; penalty for failure.
sion agents; powers of officers; 12. Officers of society may afford relief
commitment of children ; appeal and costs collected from owner of
by parent or guardian ; rules for animal.
impounding domestic animals; 13. Fighting or baiting fowls, etc., pro-
Bureau Animal Industry. hibited ; penalty. -
3. Penalty for abuse, abandonment, or 14. Sick or disabled animals not to be
wrongfully employing children. abandoned or neglected by Owner;
4. Penalty for enticing female child to penalty.
become prostitute or for using a | 15. Scientific experiments, etc.; when
child for obscene, etc., purposes. permitted.
5. Penalty for overdriving, etc., any | 16. Definitions pertinent to this act;
animals or depriving them of food. knowledge and acts of its agents
6. Penalty for other cruelties. declared acts of corporations.
7. Transportation of animals regulated.
CHAPTER LXVII.—WASHINGTON HUMANE SOCIETY. 539
SEC. 1. From and after the passage of this act the Association for , Association for
the Prevention of Cruelty to Animals for the District of Columbia §: ºo:: of
shall be known as the “Washington Humane Society,” and shall be ºlº tº sº
authorized to extend its operations under this act to the protection changed to wash.
of children as well as animals from cruelty and abuse. In pursuance ington Humane
thereof the said society may cause its proper officers or agents to pre-Sºiety.,.
fer complaints, before any court in the District of Columbia having º:
jurisdiction, for the violation of any law relating to or affecting the jº.
protection of children in said District, and by its proper attorney Its officers and
may aid in bringing the facts before such court in any proceeding agents may prefer
taken. complaints, and
aid in bringing
facts before court.
Feb. 13, 1885. 23 Stat., 302, sec. 1.
SEC. 2. The Commissioners of the District of Columbia shall, by Commissioners
the police force of said District, aid the said society, its officers and 3.
agents, in the enforcement of all laws relating to or affecting the . º
protection of children; and the Commissioners of the said District, lating to the pro-
and their successors, are authorized, in their discretion, to detail, tection of chil-
from time to time, an officer or officers to aid specially in the work of dºn; and detail
said society, or they may commission any duly appointed agents of º º
said society special police officers, without compensation; and such º -
agents or officers shall have power to arrest, without warrant, all º
persons violating in their presence or sight any law relating to or ****
affecting the protection of children, or other parties so offending by
virtue of a warrant issued by the police court of the District of
Columbia, which offenders shall be taken by such agents or officers
before the said police court of the District of Columbia for trial.
Said agents or Officers are also hereby empowered to bring before the Powers of offi-
said court any child who is subjected to cruel treatment, willful cers.
abuse, or neglect, Or any child under sixteen years of age found in a
house of ill-fame; and said court may commit such child to an Court to com-
orphan asylum or other public charitable institution in the District mit.
of Columbia, with the consent of the constituted authorities of such
asylum or institution, or make such other disposition thereof as now
is or may hereafter be provided by law in cases of vagrant, destitute,
or abandoned children: Provided, That any parent, guardian, or Proviso.
near relative who may feel aggrieved by any order of said court in Parent s or
the premises may appeal therefrom to the criminal court of the Dis- guardian may ap-
trict of Columbia. * peal.
SEC. 3. Amy person in the District of Columbia who shall torture, Abuse, abandon-
cruelly beat, abuse, or otherwise willfully maltreat any child under ment, or Yºngful
the age of eighteen years; or any person, having the custody and .#%. .
possession of a child under the age of fourteen years, who shall misdemean or
expose, or aid and abet in exposing, such child in any highway, punishable by fine
street, field, house, out-house, or other place, with intent to abandon and , imprison-
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 23 Stat., 302.
view to its being employed as an acrobat, or a gymnast, or a contor- Ibid., Sec. 3.
tionist, Or a circus-rider, Or a rope-walker, 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 for any of the purposes last enumerated, shall be
deemed guilty of a misdemeanor, and when convicted thereof shall
be subject to punishment by a fine of not more than two hundred
and fifty dollars, or by imprisonment for a term not exceeding two
years, or both.
* The Commissioners are authorized to make rules for impounding domestic animals, 21 Stat., 35
June 27, 1879.
Ror act creating “Bureau of Animal Industry,” see 23 Stat., 31, May 29, 1884.
Act of Congress to prevent cruelty to children or animals, June 25, 1892, 27 Stat. L., ch. 135, p. 60.
540
CHAPTER LXVII.—WASHINGTON HUMANE SOCIETY.
Enticing female
child to become
prostitute, or
using for obscene
purposes, punish-
able by fine and
imprisonment.
Ibid., Sec. 4.
Penalty for over-
driving, etc., ani-
mals, or depriving
them unnecessa-
rily of food, etc.
Leg. Assem.,
Aug. 23, 1871, Sec.
1, p. 135.
Other Cruelties.
Ibid.,sec. 2.
Penalty.
Transportation
of animals by rail-
road companies
regulated.
Ibid., sec. 3.
Penalty.
Proviso.
t
SEC. 4: Any person who shall entice, decoy, place, take, or receive
any female child under the age of eighteen years into any house of
ill-fame or disorderly house, for the purpose of prostitution, or any
person who, having in his custody or control such child, shall dis-
pose of it to be so received, or to be received in or for any obscene,
indecent, or immoral purpose, exhibition, or practice, shall be
deemed guilty of a misdemeanor, and when convicted thereof shall
be subject to punishment by a fine of not more than one thousand
º Or by imprisonment for a term not exceeding ten years, or
Oth. . . .
SEC. 5. Whoever overdrives, overloads, drives when overloaded,
overworks, tortures, torments, deprives of necessary Sustenance,
cruelly beats, mutilates, or cruelly kills, or causes or procures to be
so overdriven, overloaded, driven when overloaded, overworked,
tortured, tormented, deprived of necessary sustenance, cruelly
beaten, mutilated, or cruelly kills any animal, and whoever, having
the charge or custody of any animal, either as Owner or otherwise,
inflicts unnecessary cruelty upon the same, or unnecessarily fails to
provide the same with proper food, drink, shelter, or protection
from the weather, shall for every such offense be punished by
imprisonment in jail not exceeding One year, or by fine not exceed-
ing two hundred and fifty dollars, or by both such fine and impris-
Onnellt. - A - \
SEC. 6. Every Owner, possessor, Or person having the charge or
custody of any animal, who cruelly drives or works the same when
unfit for labor, or cruelly abandons the same, or who carries the
same, or causes the same to be carried, in or upon any vehicle, or
Otherwise, in an unnecessarily cruel Or inhuman manner, or know-
ingly and wilfully authorizes Or permits the same to be subjected to
unnecessary torture, Suffering, or cruelty of any kind, shall be
punished for every such offense in the manmer provided in section
O]].63. - - ºs
SEC. 7. No railroad company, in the carrying or transportation of
animals, shall permit the same to be confined in cars for a longer
period than twenty-four hours, without unloading the same, for rest,
water, and feeding, for a period of at least five consecutive hours,
unless prevented from so unloading by storm or other accidental
causes. In estimating Such confinement the time during which such
animals have been confined without such rest. On connecting roads
from which they are received shall be included ; it being the intent
of this act to prohibit their continuous confinement beyond the
period of twenty-four hours, except upon contingencies hereinbefore
stated. Animals so unloaded shall be properly fed, watered, and
sheltered during such rest by the owner or person having the cus-
tody thereof, or in case of his default in so doing, then by the rail-
road company transporting the same, at the expense of said owner
Or persons in custody thereof. And Said company shall, in such
case, have a lien upon such animals for food, care, and custody fur-
nished, and shall not be liable for any detention of such animals
authorized by this act. Any company, owner, or custodian of such
animals who fails to comply with the provisions of this section shall,
for each and every such offense, be liable for and forfeit and pay a
penalty of not less than one or more than five hundred dollars : Pro-
ovided, however, That when animals shall be carried in cars in which
they can and do have, proper food, water, space, and opportunity
for rest, the foregoing provisions in regard to their being unloaded
shall not apply.
g
CHAPTER Lxvii.-WASHINGTON HUMANE SOCIETY.
541
SEC. 8. Any person found violating the laws in relation to cruelty
to animals may be arrested and held without a warrant, in the man-
ner provided by the charter of the Association for the Prevention
Of o; to Animals, granted by an act of Congress approved June
twenty-One, eighteen hundred and seventy,” and the person making
an arrest, with or without a warrant, shall use reasonable diligence
to give notice thereof to the owner of animals found in the charge
or custody of the person arrested, and shall properly care and pro-
vide for such animals until the owner thereof shall take charge of
the same : Provided, The owner shall take charge of the same
within twenty days from the date of said notice. And the person
making such arrest shall have a lien On Said animals for the expense
of such care and provisions. - -
Sec. 9. When complaint is made by any member of the Associa-
tion for the Prevention of Cruelty to Animals, f on Oath or affirma-
tion, to any magistrate authorized to issue warrants in Criminal
cases, that the complainant believes, and has reasonable cause to
believe, that the laws in relation to cruelty to animals have been or
are being violated in any particular building or place, such magis-
trate, if satisfied that there is reasonable cause for such belief, shall
issue a search warrant, authorizing any marshal, deputy marshal,
constable, police officer, or any member of the Association for the
Prevention of Cruelty to Animals, to search such building or place.
SEC. 10. It shall be the duty of all marshals, deputy marshals,
constables, police officers, or any member of the Association for the
Prevention of Cruelty to Animals, to prosecute all violations of the
provisions of this act which shall come to their notice or knowledge,
and fines and forfeitures collected upon or resulting from the com-
plaint or information of any member of the Association for the Pre-
vention of Cruelty to Animals under this act shall inure and be
paid over to said association, in aid of the benevolent objects for
which it was incorporated.
SEC. 11. Any person who shall impound, or cause to be impounded
in any pound, any creature, shall supply the Same, during such con-
finement, with a sufficient quantity of good and wholesome food and
water; and in default thereof shall, upon conviction, be punished
for every such offense in the same manner provided in Section One.
SEC. 12. In case any creature shall be at any time impounded as .
aforesaid, and shall continue to be without necessary food and water
for more than twelve successive hours, it shall be lawful for any
officer of the Association for the Prevention of Cruelty to Animals,
from time to time, and as often as it shall be necessary, to enter into
and upon any pound in which such creature shall be so confined,
and supply it with necessary food and water so long as it shall remain so
º such person shall not be liable to any action for such entry,
and the reasonable cost for such food and water may be collected of
the owner of such creature, and the said creature shall not be exempt
from levy and sale upon execution issued upon a judgment thereof.
SEC. 13. Any person or porsons who shall keep or use, or in any
way be connected with or interested in the management of, or shall
receive money for the admission of any person to any place kept or
used for the purpose of fighting or baiting of fowls or animals, may
be arrested without a warrant, as provided in section five of the
Arrests without
Warrant author-
ized.
Notice to own-
€1’S.
Proviso.
Ibid., Sec. 4.
Mode of obtain-
ing Search warrant
when it is believed
animals are being
ill-treated in any
particular place.
Ibid., sec. 5.
Prosecution of
offenders.
Disposition of
fines.
Ibid., sec. 6.
Impounded ani-
mals to be supplied
with food a n d
Water.
Penalty.
Ibid., sec. 7.
Mode of reliev-
ing animals im -
pounded for more
than twelve hours
without food and
water.
Ibid, sec. 8.
iss 16 Stat., 158, ch. 135. Name changed to “Washington Humane Society,” 23 Stat.,303; Feb. 13,
2.
+ Washington Humane Society,
Fighting or bait-
ing fowls, etc.,
prohibited.
542
CHAPTER LXVIII.-WATER.
Penalty.
Ibid., sec. 9.
* 16 Stat., 158, ch.
135.
Sick or disabled
animals not to be
abandoned or neg-
lected.
Penalty.
Ibid., sec. 10.
Exception in
favor of scientific
experiments.
Ibid., sec. 11.
Definitions.
Knowledge and
acts of agents to
be held to be
knowledge and
acts of corpora-
tions they repre-
sent.
Ibid., sec. 12.
*
charter of the Association for the Prevention of Cruelty to Animals,”
granted by act of Congress approved June twenty-One, eighteen
hundred and seventy, and for every such offense be punished in the
same manner provided in Section One.
SEC. 14. If any maimed, sick, infirm, or disabled animal shall be
abandoned by its owner, or fail to receive proper food or shelter from
said owner or person in charge of the same for more than five con-
secutive hours, such person shall, for every such offense, be punished
in the same manner provided in Section one.
SEC. 15. Nothing in this act contained shall be construed to pro-
hibit or interfere with any properly conducted scientific experiments
or investigations, which experiments shall be performed only under
the authority of the faculty of some regularly incorporated medical
college, university, or Scientific Society.
SEC. 16. In this act the word “animal” or “animals” shall be
held to include all brute creatures, and the words “owner,” “per-
sons,” and “whoever,” shall be held to include corporations as well
as individuals; and the knowledge and acts of agents of, and persons
employed by, corporations in regard to animals transported, owned,
or employed by, or in the custody of, such corporations shall be held
to be the acts and knowledge of such corporations,
CHAPTER SIXTY-EIGHT.
WATER,
Sec. Sec.
1. Water service to be under Commis- 21. Same subject ; when to be renewed.
sioners, except, etc. [NOTE. – 22. Potomac water Service, when it may
Fraud as to water supply.] be shut off.
2. Water department under direction of 23. Same subject; its use for certain pur-
Engineer's office. pose, may be allowed.
3. Potomac water, how distributed. 24. Same subject; when supply to be
4. Same subject; no expense to devolve measured and price of same.
upon United States. 25. Same subject; the application of
5. Same subject; water-main taxes and rents.
water rent to be uniform. 26. Same subject; unlawful tapping of
6. Same subject; water rates appor- pipes a misdemeanor; penalty for.
tioned and how collected. 27. Same subject ; who shall prosecute
7. Same subject; water rates not to be for violations of section 26.
Source of revenue, etc. 28. Same subject; penalty for injuring
8. Same subject; extended to entire pipes or fixtures.
District. 29. Same subject; penalty for making
9. Same subject ; laws relating to, now water impure, etc.
in force extended. 30. Washington aqueduct, Chief of En-
10. Fiscal year of water department. gineers to have charge of.
11. Water-main tax in Washington. 31. Same subject; to be under orders of
12. Same subject ; to be uniform and the President. -
equal. 32. Same subject; respecting control of
13. Same subject ; how levied and col- lands around, and as to removal
lected. of railroad from bridge, etc.
14. Same subject; payment of install- 83. Same subject; as to how moneys ap-
ments and interest on same. propriated for, shall be expended ;
15. Same subject; to constitute a fund also as to other public works in
to defray cost of, etc. District.
16, Same subject ; rate of interest on 34. Same subject; unauthorized opening
installments of tax, increased. of pipes; penalty for.
17. Water pipes, fire plugs, and hydrant, 35. Same subject ; , laying of pipes for
when may be laid. y use of public buildings; District to
18. Fire-plug tax. pay cost of laying supply pipes for
19. Same subject ; limit of, and how use of people of Washington and
levied. - Georgetown,
20. Same subject ; when it shall cease.
CHAPTER LXVIII.-WATER.
543
Sec.
36.
37.
38.
39.
Same subject; compensation of Chief
of Engineers.
Same subject ; apartments, etc., of
Chief of Engineers.
Same subject; record of property.
belonging to, to be kept. -
Same subject ; control of water sup-
ply regulated, etc.
Sec.
47.
48.
49.
Same subject; Commissioners to de-
termine where mains shall be laid.
Washington aqueduct, increase of
water supply; survey, etc.
Same subject ; avenue over; condem-
nation of lands for, etc.; appraisers
for ; valuation of.
. Same subject; how land shall be ap-
40. Same subject ; appeal to Secretary | praised.
Of War. 51. Samie subject; compensation of ap-
41. Same subject ; report of Chief of En- praisers.
gineers. 52. Same subject ; damages; how sued
42. Same subject ; each tenement to have for.
separate supply pipe, etc. 53. Same subject ; procedure in suits for;
43. Same subject ; permits for, regulated. limitation. .
44. Same subject; when water may be 54. Same subject; when title to lands
cut off from Georgetown College. vests in United States.
45. Water-main and fire-plug tax, how 55. Same subject; extension of ; to build
levied and collected. reservoir; dam at Great Falls, etc.
46. Same subject; by whom to be col- || 56. Fish ways at Great Falls; costs of,
lected and how applied. how paid, etc.
SEC. 1. The Commissioners of the District of Columbia shall have Water Service to
all the powers and be subject to all the duties and limitations pro- ºne Com—
vided in chapter eight of the Revised Statutes of the United
States
relating to the District of Columbia, excepting such powers and June 10, 1879.
duties as belong to the Chief of Engineers.”
.*
SEC. 2. Hereafter the operations of the water department of the
District of Columbia shall be under the direction of the engineer’s
office of the District, subject to the control of the Commissioners.
July 1, 1882.
SEC. 3. Full power is given to the Commissioners [legislative
assembly] to supply the inhabitants of Washington and Georgetown Potomac water.
with the Potomac water from the aqueduct mains or pipes laid in the
streets and avenues by the United States; and to make all laws and D. C.
regulations for the proper distribution of the same, Subject to the
provisions of this chapter, and to the control of the chief of engineers Stat., 9.
22 Stat., 135, sec. 2.
21 Stat., 9.
1 Sup. R. S., 488.
Water depart-
ment to be under
engineer’s Office.
2 Sup. R. S., 351.
Distribution of
sec. 195. R. s.
Amended by 21
in charge of public buildings and grounds, as provided in section * 19, 1879.
eighteen hundred and ten, [Revised Statutes of the United States.]
title, “SEAT OF GOVERNMENT, INCLUDING THE PUBLIC BUILDINGS.”
[See §§ 1800–1811, R. S. U.S.]
No expense to
devolve upon the
United States.
*-*.
sec. 196, R. s.
D.C.—taxes, to be
uniform.
1 Sup. R. S., 488.
SEC. 4. No expense shall devolve upon the United States under
the provisions of the preceding Section.
SEC. 5. That water-main taxes and water rents shall be uniform
in said District.
June 10, 1879. 21 Stat., 9.
SEC. 6. The Commissioners have [legislative assembly has]
authority to establish a scale of annual rates for the Supply and use
of the water apportioned to different classes of buildings according
to their size, dimensions, assessed values, exposure to fires, uses for
dwellings, stores, shops, stables, manufactories, or other purposes,
number of occupants, or consumption of water, measured by meter
or otherwise, and to modify, alter, amend, increase, or reduce such
scale, from time to time, and extend it to other description of build-
ings and establishments; to provide for the collection of such rates,
Water rates,
how established
and collected.
Sec. 197, R. S.
D. C. -
Amended June
10, 1879.
21 Stat., 9.
1 Sup. R. S., 488.
* Fraud as to water supply, 27 Stat. L., ch. 34, p. 14, Apr. 5, 1892.
+Expenses of the water department shall be included by the Commissioners in their annual estimates,
21 Stat. L. ch. 134, p. 458, 2 Sup., R. S., p. 322, par. 7.
544 \ CHAPTER LXVIII.-WATER.
in advance or otherwise, from the owner or occupants of all buildings
or establishments using the water; to provide for stopping the supply
of water to any dwelling or establishment upon a failure to pay the
rate, and generally to enact such laws as may be necessary to supply
the inhabitants of Washington and Georgetown with pure and whole-
some water, and to carry into fulleffect the provisions of this chapter.
t \
Not #2 be.” SEC. 7. The water-rates, levied in Washington and Georgetown
†. ... shall never be a source of revenue other than as a means of keeping
** up to said cities a supply of water, but shall constitute a fund excluſ:
Sec. 198, R. S. sively for the maintenance, management, and repair of the system
D. C. of water distribution. ''
Potomac water SEC. 8. Hereafter the supply of Potomac water may be extended to
serviº.º.º.º. points in the District beyond the limits of Washington and George-
to * * town upon like terms and conditions as are provided by law for the
Feb. 25, 1885. Supply of the same in those cities. - *
23 Stat., 319.
Laws of Wash- SEC. 9. That all laws and ordinances now in force in the city of
ington, relating to Washington, relating to the payment and collection of water-taxes,
Yº...; water-rents, and taxation for water mains be, and they are hereby
extended over Dis- . g & ſº tº 5
trict. extended to and made Operative over all parts of the District of
. Columbia where water taken from the United States aqueduct is used,
º §º and said taxes and rents shall be payable and collectible therein in
1s.” ‘’” the same manner and at the same rate as in the city of Washington
1Sup. R.S., 227. for the year beginning January first eighteen hundred and seventy-
2Sup. R. S., 111. six, and for each subsequent year. * .
Fiscal year to SEC. 10. The fiscal year of the water department of the District of
conform to fiscal Columbia, shall be made to conform to the regular fiscal year of the
:...” general government.
July 1, 1882. 22 Stat., 144. 2 Sup. R. S., 351.
** WATER-TAX IN WASHINGTON.
Tax for water SEC. 11. A water-tax may be levied and collected on all real prop-
mains in Wash-erty within the limits of the city of Washington, which binds or
ington. touches on any avenue, street, or alley in which a main water-pipe
pº 199, R. S. may be laid by the United States or by the District.
To be equal and SEC. 12. The water-tax shall be as nearly as possible equal and
uniform. uniform.
Sec. 200, R. S. D. C.
How levied and SEC. 13. The water-tax may be levied on lots in proportion to their
Collected. frontage or their area, as may be determined by law, and may be col-
Sec. 201, R. S. lected in not less than three nor more than five annual installments.
D. C.
Interest on in- SEC. 14. All such installments after the first shall bear interest at
stallments, 10 Per the rate of ten [six] per centum per annum, commencing from the
cº, stallments date at which the first installment becomes due, but may, at the option
may be piºn of the owner of the property taxed, be paid and discharged in full at
full. any time after the tax has been levied.
Sec. 202, R. S. D. C.
Water tax to SEC., 15. The water-tax authorized to be levied and collected by the
constitute a * provisions of the four preceding sections shall constitute a fund to be
...” “ used exclusively to defray the cost of distribution of the water,
distribution. e II - - ** • . 4- tº
- including all necessary fixtures and machines connected with such
sº 203, R. S. distribution. .
CHAPTER LXVIII.-WATER. - - 545
SEC. 16. The rate of interest specified in section two hundred and . Rate of interest
two of said Revised Statutes shall be increased to ten per centum increased.
per annum from and after the passage of this act. June 10, 1879.
- . 21 Stat., 9,sec. 1. iSup, R.S., 488.
SEC. 17. On petition of the owners of the majority of the real estate , Water pipes,
on any square or line of squares in the city of Washington, water- #. plugs, and
pipes may be laid and fire-plugs and hydrants erected wherever the *
same may be requisite and necessary for public convenience, security . Sec. 204, R. S.
from fire, or for health.* - D. C.
SEC. 18. To aid in the erection, maintenance, and efficiency of fire- Fire-plug tax.
plugs in the city of Washington, a special annual tax may be levied sec. 205, R.T.s.
on all buildings in said city within five hundred feet of any main D. G. "“” “ ”
water-pipe, into which, or the premises connected there with, the
water has not been introduced, and the Owners or occupants of which
do not pay any annual water-rate in accordance with law.
SEC. 19. The fire-plug tax shall be levied with reference to the . How levied;
value of the building so taxed, and shall not be more than five dollars limit of tax.
nor less than one dollar per year. ". Sec. 206, R. S.
- D. C.
SEC. 20. Whenever the water is introduced, in conformity with law, . When fire-plug
into any building or premises, the fire-plug tax thereon shall cease. tax shall cease.
- Sec. 207, R. S.D. C.
SEC, 21. Whenever water is discontinued from any building or , Y. shall be
premises into which it has been introduced, such building shall be *
subject to the fire-plug tax from the date of the discontinuance of the pº 208, R. S.
Water. . C.
SEC. 22. In order to prevent unnecessary waste of Potomac water, Water may be
and in order to more fully enforce the laws in relation to the distribu shut off, when:
tion of the same, the chief of engineers is authorized, after giving rºSec. 214, R. S.
notice, to shut off the water when such notice shall be disregarded P-9.
from any places where a waste of water is occurring.
[See § 1810, R. S. U. S.] -
SEC. 23. The use of Potomac water for mechanical and manufac- When use of
turing purposes, or for private fountains, street and pavement wash- ...” º
ers, shall be allowed only when, in the opinion of the chief of engi- . * *
neers, it will not be detrimental to the general distribution of water &
in the two cities. pº. 215, R. S.
SEC. 24. The Supply of water to all manufacturing establishments, Supply to be de-
hotels, fºe; and other places requiring a large quantity, ºniºd, by me.
shall be determined by meters erected and maintained at the expense tº: Charge
of the consumer; and the proper authorities shall charge and collect : " :
for the quantity so determined a price not exceeding three cents per rºo. 916, R. S.
hundred gallons. . X- D. C.
SEC, 25. All water-rents derived from the Washington Aqueduct ºpºn d *
shall be applied to the improvement and repair of the same, and for ... f. aque-
no other purpose. - duct. .
Sec. 217, R. S. D. C.
SEC. 26. The unlawful tapping of any water-pipe laid down in the Unlawful tap-
District by authority of the United States is a misdemeanor and an Ping of Water
indictable offense; and any person convicted of such offense in the .o.º. p.
criminal court of the District shall be subject to a fine not exceeding ; penalty.
five hundred dollars, or to imprisonment for a term not exceeding one pº 218, R. S.
year. [See § 1808, R. S. U. S.] . & vº’ is
*See amendment 26 Stat., 159, June 17, 1890; 2 Sup, R. S., 758.
35 C. §
546 à CHAPTER LXVIII.--WATER,
Duty of chief of SEC. 27. It is the special duty of the chief of engineers to bring to
ºneerstoprose the notice of the attorney of the United States for the District of
cute. Columbia, or to the grand jury, any infraction of the preceding sec-
pº 219, R. S. tion. -
Penalty for in- SEC. 28. Every person who maliciously breaks, injures, defaces, or
juring Pipe or * destroys any main or pipe, bend, branch, valve, hydrant, service-pipe,
tureS. or any other fixture used for the distribution of water throughout
Sec. 220, R. S. the streets and avenues, or for its introduction into the houses, tene-
D. C. ments, or buildings of Washington and Georgetown, shall be pun-
ishable by imprisonment in the District jail for not more than two
years. [See R. S. U. S., § 1804.]
Penalty formak- SEC. 29. Every º who maliciously commits any act by reason
ing water impure of which the supply of water, or any part thereof, to the cities of
sec. 231, R. S. Washington and Georgetown, becomes impure, filthy, or unfit for
. C. use, shall be fined not less than five hundred nor more than one
thousand dollars, or imprisoned at hard labor not more than three
years nor less than one year. [See R. S. U. S., § 1806.)
Chief of engi- SEC. 30. The Chief of Engineers shall have the immediate superin-
neers t f W. tendence of the Washington aqueduct, together with all rights, appur-
; ău. tenances, and fixtures connected with the same, and belonging to the
United States, and of all other public works and improvements in
Sec. 1890, R. S. the District of Columbia in which the Government has an interest,
TJ. S. and which are not otherwise specially provided for by law.
Chief of Engi. SEC. 31. He shall obey, in the discharge of the duties mentioned in
neeri,º obey the the preceding section, such regulations, pursuant to law, as may be
President. prescribed by the President through the Department of War.
Sec. 1801, R. S. U. S.
Washington SEC. 32. The lands belonging to the United States and lying around
aqueduct. the receiving-reservoir shall hereafter be controlled in connection
º”, “... with the Washington Aqueduct, and shall be under the charge and
control of lands sº e e
around. control of the officer in charge of said aqueduct: And provided further,
froviso as to re- That the chief engineer is hereby directed to notify the Washington
moval of railroad and Georgetown Railway Company to remove their railway track
track from bridge, from the Washington aqueduct bridge over Rock Creek, within one
etc. year from the date of Said notice; and said company shall, make such
Mar: 3, 1875, removal within the year aforesaid, and have the right to lay their
18 Stat., 999 tracks along Twenty-sixth street from Pennsylvania avenue to M
street north, and thence along M Street into Georgetown, to connect
with their tracks on Bridge street; and said chief engineer may estab-
lish and publish regulations prohibiting the passage of heavily loaded
wagons and carriages over said bridge. -
How moneys for SEC. 33. All moneys appropriated or hereafter appropriated for
i. º * the Washington Aqueduct, and for the other public works in the
e expended. District of Columbia, not otherwise expressly provided for by law,
tºº. 1802, R. S. shall be expended under the direction of the Secretary of War.
Unauthorized SEC. 34. No person, unless by consent of the Chief of Engineers in
...; 9| Pºpº charge of the public buildings and works, shall tap or open the mains
punishable. or pipes laid or hereafter to be laid by the United States, under a
tºº. 1803, R. S. penalty of not less than fifty nor more than five hundred dollars.
f Laying g ; SEC. 35. No greater number of main pipes of the Washington Aque-
tº Pº ° duct shall be laid at the expense of the United States than are suffi-
H”. cient to furnish the public buildings, offices, and grounds with the
Sec. 1805, R. S. necessary supply of water. The cost of any main pipe, for the supply
U. S. of water to the inhabitants of Washington and Georgetown, must be
paid by the District of Columbia, in the manner provided by law.
CHAPTER LXVIII, -WATER, * 547
\
SEC. 36. The Chief of Engineers shall receive no compensation, Compensation of
Ileel S.
other than his regular Fº as an officer of the Corps of Engineers, Chief of Engi-
for the services required of him under the provisions of this Title.
Sec. 1807, R. S. U.S.
SEC. 37. He shall be furnished official apartments in one of the Apartments, sta-
public buildings in the city of Washington, as may be directed by tionery, etc.
the President, and shall be supplied by the Government with the sec. 1808, R. S.
stationery, instruments, books, and furniture which may be required U.S.
for the performance of his duties. t
SEC. 38. He shall keep in his office a complete record of all the lands Record of prop-
and other property connected with or belonging to the Washington erty to be kept.
Aqueduct and other public works under his charge, together with Sec. 1809, R. S.
accurate plans and Surveys of the public grounds and reservations in U.S. y
the District of Columbia.
SEC. 39. He and his necessary assistants are empowered to use all , Employés in of-
lawful means for the dicharge of their duties; and, particularly, he i. of public
shall have full control over the Washington Aqueduct, to regulate *
the manner in which the authorities of the District of Columbia may Sec. 1810, R. S.
tap the supply of water to inhabitants thereof; and he shall stop the U.S.
same whenever it is found to be no more than adequate to the wants
of the public buildings and grounds.
SEC. 40. His decision on all questions concerning the supply of Right or appeal
water, as provided in the preceding section, shall be subject to appeal tº Secretary of
to the Secretary of War only. War.
Sec. 1811, R.S. U.S.
SEC. 41. The Chief of Engineers shall, as Superintendent of Public Reports.
Buildings and Grounds, and as Superintendent of the Washington sec. 1812. E. s
Aqueduct, annually submit the following reports to the Secretary of U.S. ' " ' "
War in time to accompany the annual message of the President to
Congress, namely:
First. A report of his operations for the preceding year, with an
account of the manner in which all appropriations for public build-
ings and grounds have been applied, including a statement of the
number of public lots sold, or remaining unsold each year, of the
condition of the public buildings and grounds, and of the measures
necessary to be taken for the care and preservation of all public
property under his charge. -
Second. A report of the condition, progress, repairs, casualties,
and expenditures of the Washington Aqueduct and other public
works under his charge.
SEC. 42. No person shall be permitted to enter a supply-pipe or Each tenement
conduct the Potomac water into any two distinct premises or tene- to have separate
ments unless through separate and distinct supply-pipcs, with Sepa- ; - plpe t for
rate stop-cocks, placed on the outside of such premises or tenements * *
Opposite the same. Leg. A S S em.,
- - Aug. 21, 1871, Sec.
- - 1, p. 69.
SEC. 43. The collector [water registrar] is hereby prohibited from Granting of cer-
granting permits to supply more than one house with the Potomac tº Permits Pro-
water through the same service-pipe. hibited.
Ibid., sec. 2.
SEC. 44. The president and directors of Georgetown College are Wºº.
hereby granted permission to introduce the Potomac water into said . cut, off from
e tº tº º º eorgetown col-
premises on the same terms and conditions as said water has been lege.
introduced into the houses and premises of other corporations, and
private buildings of Georgetown: Provided, That this act shall not . Leg . ASSem.,
go into effect until the new thirty-six-inch water-main of the Wash- ſº º 1872, sec
548 - CHAPTER LXVIII.--WATER.
ington aqueduct is in a condition to furnish an additional supply of
water to the District cities: Provided further, That if the introduc-
tion of Potomac water into Georgetown College, as provided for in
this act, shall at any time cause any inconvenience to the private res-
idences in Georgetown, or a scarcity of water in said residences,
then the water shall be cut off from Georgetown College by the
proper officers until said private residences are properly supplied
with water.
Water-main and SEC. 45. That hereafter, in order to defray the expense of laying
* º º water-mains and the erection of fire-plugs, there be, and is hereby,
i. * *** levied a special tax of one and a quarter cents per square foot on
4 tº every lot and part of lot which binds in or touches on any avenue,
street, or alley in which a main water-pipe may hereafter be laid and
fire-plugs erected, which tax shall be assessed by the Collector [Water
Registrar] within thirty days after such water-mains and fire-plugs
shai have been laid and erected, of which assessments the Collector
[Water Registrar] shall immediately notify the owner or agent of
the property chargeable there with, setting forth in said notice the
number of the square in which is situated the property on which
said tax is assessed, and the street, avenue, or alley on which it
fronts; and the said tax shall be due and payable in four equal instal-
ments, the first of which shall be payable within thirty days from
the date of the notice, and the other three shall be due and payable
annually, one in each year, dating from the time when the first
*~ . instalment became due, and all of the said instalments shall bear
... interest at the rate of six per cent. per annum, commencing from the
date of notification of the assessment; but the owner of the prop-
erty taxed may, at his option, at any time after the assessment, pay
the same in full, and if the said tax shall be paid infull within thirty
Abatement for days from the time notice was given of the levying thereof, an abate-
prompt payment, ment of six per cent. shall be allowed on the whole amount of the
3 Leg. Assem, assessment, and in no case shall the same lot be chargeable with more
June 23, 1873, ch. than one tax for the laying of Water-mains and erection of ####:
5, sec. 6, pp. 47, •, [See §§ 19, 20, 21, of this chapter.]
48.
. By whom collec- SEC. 46. That the Collector [Water Registrar] shall collect all
.. º all º moneys due on account of the laying of water-mains and the erection of
.*.d. fireplugs, as well as all other moneys pertaining to the Water Depart-
applied. ment, except in cases of delinquencies that shall be advertised and
Ibid 7 settled by the collector of the District ; and he shall deposit all
* * * moneys received on account of the laying of water-mains and the
erection of fire-plugs as is directed by preceding Sections of this act,
and all other moneys received by him shall be deposited to the credit
of the water fund, to be used exclusively for the Support of the
water department.
The Commis- SEC. 47. The Commissioners [Board of Public Works] shall deter-
signers, to deter mine where water-mains are to be laid, on petition therefor.
mine where mains -:
shall be laid.
Ibid., Sec. 8.
º: SEC. 48. The Secretary of War shall cause to be made a survey
e ; § C * and map of the land necessary to extend the Washington Aqueduct
"Survey, etc. from its present eastern terminus to the high ground north of
Washington near Sixth street extended, and of the land necessary
Reservoir capac- for a reservoir at that point the capacity of which shall not be less
ity not jess than than three hundred million gallons; and a like survey and map of
300,000,000 gal- the land necessary for a dam across the Potomac River at the Great
lº Po. Falls, including the land now occupied by the dam, and the land
to. ... "... required for the extension of said dam across Conn's Island, to and
Great Falls. upon the Virginia shore; and when surveys and maps shall have
CHAPTER LXVIII.--WATER.
549
been made the Secretary of War and the Attorney-General of the
United States shall proceed to acquire to and for the United States
the Outstanding title, if any, to said land and water-rights, and to
the land on which the gate-house at Great Falls stands by condem-
nation.
SEC. 49. In obtaining title to the right of way for the extension of
said aqueduct, the Secretary of War and Attorney-General may, in
their discretion, Secure title to a strip suitable for an avenue over
such part of said aqueduct extended as they think proper: Provided,
That at least one-half in value of such right of way shall be donated
or dedicated by the owners to that public use: And provided further,
That if it shall be necessary to resort to condemnation, the proceeding
shall be as follows: . `s
When the map and survey are completed, the Attorney-General
shall proceed to ascertain the owners or claimants of the prem-
ises embraced in the survey, and shall cause to be published, for
the space of thirty days, in one or more of the daily newspapers
published in the District of Columbia, a description of the entire
tract or tracts of land embraced in the survey, with a notice that
the same has been taken for the uses mentioned in this act, and
notifying all claimants to any portion of said premises to file, within
its period of publication, in the Department of Justice, a description
of the tract or parcel claimed, and a statement of its value as esti-
mated by the claimant. On application of the Attorney-General,
the chief justice of the supreme court of the District of Columbia
shall appoint three persons, not in the employ of the government Or
related to the claimants, to act as appraisers, whose duty it shall be,
Title, etc.
July 15, 1882.
22 Stat., 168.
2Sup., R.S., 357.
Avenue over line
of aqueduct.
Provisos.
Lands not dona-
ted, condemned.
Conditions.
Appraisers.
upon receiving from the Attorney-General a description of any tract
or parcel the ownership of which is claimed separately, to fairly and
justly value the same and report such valuation to the Attorney-
General, who thereupon shall, upon being satisfied as to the title to
the same, cause to be offered to the owner or owners the amount
fixed by the appraisers as the value thereof; and if the offer be
accepted, then upon the execution of a deed to the United States in
form satisfactory to the Attorney-General, the Secretary of War
shall pay the amount to such owner or owners from the appropria-
tion made therefor in this act.*
SEC. 50. In making the valuation the appraisers shall only consider
the present value of the land without reference to its value for the
uses for which it is taken under the provisions of this act.
SEC. 51. The appraisers shall each receive for their services five
dollars for each day’s actual service in making the said appraise-
ments.
SEC. 52. Any person or corporation having any estate or interest
in any of the lands embraced in said survey and map who shall for
any reason not have been tendered payment therefor as above pro-
vided or who shall have declined to accept the amount tendered
therefor, and any person who, by reason of the taking of Said land,
or by the construction of the works hereinafter directed to be con-
structed, shall be directly injured in any property right, may, at any
time within one year from the publication of notice by the Attorney-
General as above provided, file a petition in the Court of Claims of
the United States setting forth his right or title and the amount
claimed by him as damages for the property taken or injury Sus-
tained; and the said court shall hear and adjudicate such claims in
the same manner as other claims against the United States are now
*24 Stat., 265, ch.903, Aug. 4, 1886; 23 Stat. L., ch. 178, p. 72, July 4, 1884.
Valuation.
Ibid.
How land shall
be appraised.
Ibid.
Compensation of
appraisers.’
Ibid,
Damages.
550 CHAPTER LXVIII.--WATER.
Proviso. by law directed to be heard and adjudicated therein: Provided,
Ibid. ' That the court shall make such special rules in respect to such cases
as shall secure their hearing and adjudication with the least possible
delay.
Judgments, how SEC. 53. Judgments in favor of such claimants shall be paid as
paid. other judgments of said court are now directed to be paid; and any
: claimant to whom a tender shall have been made as hereinbefore
authorized, and who shall have declined to accept the same, shall,
- unless he recover an amount greater than that so tendered, be taxed
Claims for dam- with the entire cost of the proceeding. All claims for value or
ages barred after damages on account of ownership of any interest in said premises,
One year, etc. Or on account of injury to a property right by the construction of
said works, shall, unless a petition for the recovery thereof be filed
- within one year from the date of the first publication of notice by
Proviso. the Attorney-General as above directed, beforever barred: Provided,
Ibid That owners or claimants laboring under any of the disabilities
e defined in the statute of limitations of the District of Columbia may
file a petition at any time within one year from the removal of the
disability.
Title to lands to SEC. 54. Upon the publication of the notice as above directed, the
Yºsſ in ºnited Secretary of War may take possession of the premises embraced in
States, when. the survey and map, and proceed with the construction herein
Ibid. authorized; and upon payment being made therefor, or, without
payment, upon the expiration of the times above limited without
the filing of a petition, an absolute title to the premises shall vest in
the United States. - -
Secretary of War SEC. 55. The Secretary of War be, and is hereby, authorized and
to extend, Wash directed to extend the Washington Aqueduct from its present east-
º, *:::: ern terminus to the high ground north of Washington near Sixth
ervoir capacity; street extended; and that, he construct at that point a reservoir of
to complete dam the capacity of not less than three hundred million gallons, erect
at Great Falls and the necessary gate-house, and lay such main-connections as may be
ºnd ** necessary to furnish to Washington and Georgetown an ample sup-
e ply of water; and that he complete the dam at Great Falls to the
Ibid., Sec. 2. level of one hundred and forty-eight feet above tide, and extend the
same at that level across Conn's Island to the Virginia shore; and
that he raise the embankment between the Potomac River and the
Chesapeake and Ohio Canal above the dam, so as to protect the canal
from the increased flooding which the completion of the dam will
cause in times of high water, or pay to the canal company, in full
satisfaction for all such flooding, the amount hereinafter appro-
priated for that purpose. -
Fish-ways. SEC. 56. To provide for the erection of suitable fish-ways at the
Tib. s. 3. T Great Falls of the Potomac and at the dam to be constructed under
5 the provisions of this act in accordance with plans and specifications
to be prescribed by the United States Commissioner of Fish and
Fisheries, fifty thousand dollars, or so much thereof as may be neces-
Proviso. sary: Provided further, That one-half the cost of said improvement,
One-half of cost excluding the fish Way, shall be annually computed and stated by
to be computed an: the Treasurer of the United States, and charged to a capital account
Hºlly, *...* on the books of the Treasury, and that interest at the rate of three
%it.”:... per centum per annum thereon shall be annually computed and
charged to a cap: charged to said account, and that any surplus of water rents over
ital account with and above the expense of maintaining the Works and appendages
interest thereon at and paying the charges for interest and sinking fund for the redemp-
iº, Cent per tion of outstanding bonds heretofore issued for the extension of said
• water works in the city of Washington shall be paid into the Treas-
ury of the United States by the officer who may be charged with
CHAPTER LXIx,-WEIGHTS AND MEASURES. 551
*
the collection of the same, and credited to the account thus created, Surplus of water
until the same shall be finally extinguished and the water rents shall entºetºredited
be so regulated from time to time as to be at least sufficient to pay”
the expenses of maintaining the said works and appendages and the
interest on the capital account created in accordance with this pro-
vision in addition to charges now imposed thereon by law. After Surplus water
the extinguishment of said account and until further action by Con-re.” jā’ ".
gress the surplus water rents shall be paid into the Treasury of the Treasury, when
United States, * : * ,
CHAPTER SIXTY-NINE.
WEIGHTS AND MEASURES..
Sec. } Sec.
1. Fees, emoluments, and duties of seal- | 12. Same subject ; fees of weighers.
ers, inspectors, gaugers, measurers, 13. Scales to be kept in repair.
etc., regulated. 14. Hay, etc., not weighed, not to be of—
2. Sale of hay and straw regulated. fered for sale ; penalty for viola-
3. Hay, straw, etc., to be sold by weight; tion of this section.
who shall weigh, etc. 15. Public scales in markets, etc., to be
4. Same subject; weight and certifi- disposed of, etc.; fees for weighing
cate; penalty for not weighing. to be fixed and posted.
5. Same subject ; penalty on weigher | 16. Cut hay to be sold by weight.
for nonattendance at scale. 17. Repeal clause. -
6. Same subject ; weigher's fees. 18. Public scales at Brightwood and
7. Same subject; certificate of weight. Uniontown ; proviso.
8. Same subject; cwt. to be 100 pounds; 19. Same subject, Sale of ; same regula-
weigher to make returns : weigher tions and penalty, etc.
to allow in weight for damp, etc. 20. Coal, sale of, regulated by Commis-
9. Same subject; scales to be examined; sioners.
fee of sealer of weights, etc. 21. Coal, weighing and selling of, regu-
10. Fº of scales to be sold an- lated; compensation of inspectors.
Illila,LIV .
11. Same subject, to whom ; weigh mas-
ter, how qualified. -
SEC. 1. The fees, emoluments, and duties of the sealers of weights Regulation of
and measures, inspectors of flour and salted provisions, inspectors fees for sealers, in-
and measurers of wood and inspectors and measurers of lumber, ..
gaugers and inspectors of spirituous liquors, weighers of hay, straw, jº."
and fodder, superintendent of sweeps, scavengers, and other Officers --
whose compensation is in fees, shall remain the same in each locality A. º: e iš.
for which they may be appointed as under existing ordinances and iº.ſi p. 158.
regulations: Provided, That where any office is for the first time ` 5
created in any locality, the fees, emoluments, and duties shall in all
respects be the same as those which attach to a similar office exist-
ing in another locality of the District of Columbia, unless otherwise
prescribed in this act.* º
SEC. 2. All hay and straw, which may be sold by weight in the Regulations for
District, shall be sold by the net hundred, and every twenty hun- i.” "º *
dred pounds met weight shall be a ton. straw.
Sec. 1190, R. S. D. C.
SEC. 3. All hay, straw, fodder and oats in the straw brought to , Hay, straw; etc.,
and sold within the District of Columbia, whether in wagons, carts, 9 º sold a;
packages, bundles, or otherwise, shall be sold by Weight and weighed !...i s.
in one of the several scales authorized by law, and the persons persons obtaining
obtaining such scales, in accordance with the following provisions, scales according to
shall have the exclusive privilege of weighing all such hay, straw, this agº tº ºve
* e exclusive privilege
fodder, and oats in the straw. of weighing hay,
etc.
Leg. Assem., June 20, 187 2, see. 1, p. 33.
*See ordinances in Webb's Digest, pp. 419,422, 125, 184,272,275,280,428.
552
CHAPTER LXIX.—WEIGHTS AND MEASURES.
Nohay to be sold
without being pre-
viously weighed
and certificate ob-
tained under
penalty of $5.
Ibid., Sec. 2.
Penalty of be-
tween $10 and $5
prescribed for non-
attendance hap-
pening between 6
a. m. and 6 p.m.,
of person having
authorized scales,
whereby deter-
tion of half hour is
caused to person
war,ting hay, etc.,
weighed.
Ibid., Sec. 3.
Compensation
fixed for weigher.
Ibid., sec. 4.
Form and char-
acter of certificate
to be given by
weigher.
Ibid., Sec. 5.
SEC. 4. No-hay, straw, fodder, or oats in the straw shall be sold in
the District of Columbia, unless the same shall be previously weighed
by one of the duly authorized weigh-masters, j a certificate of the
quantity so weighed obtained, under the penalty of not more than
ten nor less than five dollars for every wagon load, cart load, bundle,
bale, or package so sold, to be recovered of the seller before the
police court.
SEC. 5. In case of nomattendance on the part of the person having
charge of any of the authorized scales, by reason of which any per-
son wanting hay, straw, fodder, or oats weighed shall be detained
for the space of half hour, the person in charge shall forfeit for such
offense, if it shall take place between the hour of six a. m. and six
p. m., the sum of not more than ten nor less than five dollars, to be
recovered as other fines are.
SEC. 6. Persons entitled to the privileges of said scales shall be
allowed and receive compensation for weighing every load of hay,
straw, fodder, or oats in the straw, weighing five hundred pounds
or less, ten cents; all loads between five hundred and two thousand
pounds, thirty-five cents; and for each and every bundle or package
of the same, two cents, to be paid by the seller ; and the said owner
or proprietors shall not receive any other fee under the penalty of
five dollars for each and every offense.
SEC. 7. It shall be the duty of the weigher of hay, straw, fodder,
or oats in the straw weighed, to give a certificate describing the
gross weight of the hay, straw, fodder, or oats in the straw, with
the wagon, and all the pieces that are used in securing the same in
the wagon; also the weight of the wagon and pieces, and the net
weight of the hay, straw, fodder, or oats in the straw so weighed,
Hay, etc., to be
sold at rate of 100
lbs. to 1 cwt.
Duties of and al-
lowance to weigh-
er and deputies.
Ibid., Sec. 6.
and it shall be the duty of the weighers of hay to brand with the
letters W C all wagons, carts, or other vehicles used in bringing hay,
straw, fodder, or oats in the straw for sale; also all the pieces of
wood used in securing said hay, straw, fodder, or oats in the straw,
and to number the same and to place the number in certificate; in
case the wagon shall not be in practice of bringing hay, the weigh-
ers may dispense with the marking of the pieces, provided the cer-
tificate is not given to the wagon and pieces are reweighed, and
whenever any hay, straw, fodder, or oats in the straw shall be
weighed by the package or bundle, it shall be the duty of the weigher
to allow five pounds of wood to each one hundred pounds of hay;
the gross and met weight in the body of the certificates given by the
weigher shall be written at full length, and shall be set down in fig-
ures in the margin of said certificate.
SEC. 8. The above articles shall be weighed and sold at the rate of
One hundred pounds for every hundred weight, that in all cases the
weigher and deputies shall be sworn, and the weigher shall make a
sworn quarterly return of the true amount received in each and
every quarter, and the amount of each in each quarter, and the
quarters shall be construed to be and terminate severally on the
thirty-first of March, thirtieth of June, thirtieth of September, and
thirty-first of December, if each and every year, and if either of the
weighers shall fail to make the returns required by this act for a
longer period than ten days after the expiration of each quarter, it
shall be the duty of the Commissioners [Governor] to annul the
CHAPTER LXIX. —WEIGHTS AND MEASURES. - 553
privilege of said weigher or weighers, and it shall be his duty also
to make any allowance he shall think just on account of the hay,
and so forth, § wet, and for each and every breach of law, not
otherwise provided for by either of the weighers of hay, straw, fod-
der, or oats in the straw, he shall pay a sum of not less than two
nor more than ten dollars.
SEC. 9. The sealers of weights and measures shall quarterly Sealers of weights.
examine and adjust the hay scales, and shall be paid one dollar by and measures to
each weigher of hay for such services, and the attention of the police . quarterly
shall be directed, and they shall be required to note and make report al62S.
of all violation of this law. Ibid., sec. 7.
SEC. 10. Annually, on or about the tenth day of July, the Com- Annual sale of
missioners [Governor] shall, after at least five days’ public notice, scales provided
sell to the highest bidder the exclusive right and privilege of using *.
public scales, all hay, straw, fodder, and live cattle which may be Ibid., sec. 8.
sold in said District of Columbia, which said right or privilege shall
continue only for the term or period which may be designated at the
time of said sale, but not exceeding two years.
SEC. 11. The person or persons who shall be the highest bidder or , Highest bidder
bidders at such sale or sales, and who shall thereby become entitled § become pur-
to said right or privilege, as aforesaid, shall, before entering upon “ w º •or a-->
the duty of weight-master, deposit to the credit of the general fund to. º:
the amount or amounts so bid by him or them, and take and sub- iº
scribe to the following oath or affirmation, before some person author- Ibid
ized to administer the same, to wit: “I, , of the District of * * *
Columbia, do solemnly swear (or affirm, as the case may be,) that I
will faithfully, truly, and impartially, according to the best of my
judgment and ability, execute and perform all the duties of the
weigh-master which are or may be prescribed by law;” shall be filed
in the Register’s Office, and said weigh-master shall also give bond,
with two sureties, approved by the Commissioners [Governor, in
the penal sum of two thousand dollars, conditioned to pay all dam-
ages that may be sustained by reason of willful omission, refusal, or
neglect to discharge the duties of his office, which are or may be
prescribed by law which bond shall also be filed in the Collectors
j office, and may be sued upon by any person injured or
amaged by such willful omission, refusal, or neglect.
SEC. 12. The said weigh-master is authorized to charge and receive . # yeshers
for the weighing of hay, straw, and fodder, the rate of charge pre-Pº".
scribed by law and no more; and for weighing live stock at the rate Ibid., Sec. 10.
of one cent per hundred pounds, which said several fees or charges
shall be paid by the seller, and the said weigh-master shall not
receive any other or greater fees or charges, under penalty of five
dollars for every offense.
SEC. 13. The said weigh-master or weigh-masters shall keep the jº º:
scales in all proper and needful repair during the term or period for jºi:
which the right or privilege may have been given, and any neglect are of privilege.
or omission to provide for such repairs shall operate as a forfeiture
of said right or privilege, and the same may again be sold for the Ibid., Sec, 11.
benefit of the District of Columbia for the said unexpired period.
SEC. 14. It shall not be lawful for any person or persons to sell or . Unlawful to of—
offer for sale any hay, straw, fodder, or live stock, except horses, fºr for sale hºy,
mules, milch cows, and calves, in the District of Columbia, without : º º: ºº º
having the same weighed, as aforesaid, and a certificate of the weight †† cows,
thereof obtained, under the penalty of five dollars for each and every and calves with-
offense. - i out previous.
weighing.
Ibid., sec. 12.
554 CHAPTER LXIx.—WEIGHTS AND MEASURES.
Public scales, at SEC. 15. The Commissioners are [Governor is] authorized to dis-
* º ºr pose of the public scales in the several markets in the same manner
i. iºn as is herein provided for, disposing of the scales for weighing of º
respecting scales straw, and fodder, and for the same time and upon the same condi-
for weighing hay, tions the party or parties taking the said scales to be under the same
etc. . instruction, requirements, oaths, and bonds as are required of the
i - Weigh-master or weigh-masters heretofore mentioned ; and it shall
Tariff of fees for be the duty of the Commissioners [Governor] to fix upon, and have
weighing in mar- printed, a scale or tariff of fees and charge for weighing articles in
ket-scales, to be the said market scales, [provided said scale of prićes shall be approved
#.tºº, by the Legislative Assembly, which said tariff shall be kept con-
jº. spiciously posted near the scales, under a penalty of five dollars for
posted near scales, each and every neglect, to be paid by the person renting the same,
tº the non-payment of which shall Operate as a forfeiture of his contract
Ibid., Sec. 18, for said scales.
Sºuthay not be SEC. 16. It shall not be lawful for any person or persons to sell
†, #"º * cut-hay in any other manner than by weight, and any person or per-
man by weight sons o ending against this law shall forfeit and pay to the District
Ibid., sec. 14. Of Columbia, the sum of three dollars for the first, and five dollars
for each and every subsequent offense; all fines to be collected and
applied as other fines forfeited to the District of Columbia.
Repeal of acts SEC. 17. All acts or parts of acts which may be inconsistent with
ºnd Pºrts of acts the provisions of this act be, and the same are hereby, repealed.
inconsistent here- w
with.
Ibid., sec. 15. - w
Governor to SEC. 18. The Commissioners are [Governor be, and he is] hereby,
º tºº a; authorized and requested to cause to be erected at or near Bright-
#. ... wood, and also at Uniontown, in the county of Washington, suitable
niontown public • - - - - * * * _, ſº - wº *
:Scales. . public scales, for the weighing of hay, fodder, oats in the straw, and
Proviso: cost of live stock : Provided, That the cost of erecting the said scales at each
§ not to exceed place shall not exceed the sum of two hundred and fifty dollars.
. §300. - e
Leg. Assem., Jan. 19, 1872, sec. 1, p. 15.
Scales to be let SEC. 19. The said scales, after they shall have been erected, shall
*** be let to the highest bidder therefor, in the manner provided in the
• Cle]'. ordinances of the late Corporation of Washington, as set forth in
Certain or di- Webb's Digest, at pages 202, 203, 204, 205, 206, and 207, (edition of
nances of the old 1868;) and the successful bidders or persons who shall be entitled to
99pporation of the rental or use of said scales, as well as all persons bringing to
Yº...º.º market hay, straw, fodder, oats in the straw, or five cattle, to be sold
overn their use. g e - e . .
8 º,"...w "... by weight, shall be governed by the ordinances aforesaid, and be sub-
covered. ject to all the fines and penalties therein imposed for the violation of
-- . * . . ~~ any of their provisions; the said fines to be recovered in the same
Tbid., see: * manner as other municipal fines are recovered.
- Cº. rs SEC. 20. The Commissioners of the District of Columbia be, and
tº make regular they hereby are, authorized and directed to make and enforce such
tions relative to . 1 *...* as: gº * > e g f {} f
Sale of coal. rules and regulations relative to the sale of coal in the District o
Columbia as shall insure full weight to purchasers of coal.
June 14, 1878. 20 Stat. L., 131. 1Sup. R. S., 351.
Weighing and SEC. 21. It shall be the duty of the inspectors and weighers of coal
.#, º * to weigh all coal brought to this District, when called upon, which
regulated. coal shall be sold by weight, and two thousand two hundred and
1 Leg., Assem, forty pounds shall be the standard for the ton, by which the same
#.º § shall be weighed. It shall be the duty of the seller of coal to furnish
*** * * to the driver of each dray, cart, or other vehicle used for hauling
Such coal, a card or ticket, which shall indicate on its face, in plain
CHAPTER LXIX. —WEIGHTS AND MEASURES.
characters, the quantity of coal contained in such dray, cart, or other
Wehicle, and also the weight of such cart, dray, or other vehicle; and
any person violating Said provision, or being. found carrying coal
which shall not be furnished with such card or ticket, shall be liable
to a fine of not less than five nor more than ten dollars for every
Such violation. It shall also be the duty of the inspectors and
weighers of coal, whenever they may have reason to believe that the
quantity of coal in such dray, cart, or other vehicle, will not corre-
†: with the amount indicated on the card or ticket aforesaid in
the possession of the driver, owner, or agent of such load of coal, to
cause the said load of coal to be weighed upon any lawful scale used
for weighing coal for sale, most accessible for that purpose ; and if,
upon the weighing thereof, it shall be found that such load of coal
shall be sufficiently in excess of or less than the net amount indi-
cated upon such card or ticket to furnish to said inspector evidence
of fraud, then the driver, owner, or agent furnishing such load of
coal, shall be liable to, and shall forfeit and pay to the District of
Columbia a fine of not less than five nor more than fifteen dollars
for each and every offense, and the inspector shall be entitled to
receive for each load found incorrect a fee at the rate of twenty-
five cents per ton, payable by the seller or driver of such coal, with
costs of weighing and handling the same ; the fine to be collected
the same as other fines imposed. If, upon weighing such coal, it
shall be found that, the amount of coal indicated on said card or
ticket is correct, or so near correct as not to indicate any evidence
of fraud, them the driver or owner of said coal shall not be liable to
any expense or fee for re-weighing such coal. All persons licensed
to sell coal in the District of Columbia, shall keep in his or their
yard, for the inspectors of coal, a suitable set of scales and weights
sufficient to weigh at least eleven hundred and twenty pounds at One
time, and which, before use, shall have been tested and found cor-
rect by a sealer of weights and measures. If any person Or persons
licensed as aforesaid shall sell and deliver any coal which shall not
have been first weighed by one of the coal inspectors of the District,
unless the buyer shall have previously agreed to dispense with Such
weighing, he shall be liable to a fine of not less than three nor more
than five dollars for every such violation. If any person Owning or
keeping a scale for weighing coal for sale, or any other person, shall
refuse to allow the use of said scale, or hinder any authorized
inspector from weighing said coal, he shall be liable to a fine of not
less than ten nor more than twenty dollars for every such violation.
The said inspectors and weighers shall keep an office in Some Con-
venient place in the vicinity of the principal coal yards in the cities
of Washington and Georgetown, where they can be found, for the
performance of the duties of their office. The weighers of hard coal
shall, from time to time, as often as once a month, carefully exam-
ine, try, and prove all scales used by them, or under their superim-
tendence, for weighing hard coal; and if, upon any examination and
trial, it shall be found that such scales are not conformable to the
legal standard, they shall give immediate notice thereof, in Writing,
to the owner or keeper of said scales, therein requesting him to have
the same regulated and sealed forthwith. In case said Owner or
keeper shall refuse or neglect to have the same tried, proved, and
sealed by the public sealer of weights and measures for the Space of
twenty-four hours after such notice, it shall be the duty of Said
weigher forthwith to give notice thereof in two daily papers of Said
district. Said weighers are hereby forbidden from using said Scales
or certifying the weight of coal weighed there with until the same
shall have been tried, proved, and sealed as aforesaid ; and for any
neglect of duty aforesaid, or violation of the provisions of this act,
said weighers shall forfeit and pay not less than two dollars for each
load of coal he shall weigh therewith until the same shall be sealed
556
CHAPTER Lxx.—WILLS.
as aforesaid, one-half of said penalty to inure to the prosecutor, and
Compensation the other to the District.
of inspectors of receive for
Coal.
The inspectors of coal shall be entitled to
any coal they may be called upon to weigh a fee of ten
cents per ton, payable by the seller of such coal, and an additional
sum of two hundred dollars per annum each, to be paid by said Dis–
trict of Columbia.
Se
º
5482
6
16.
17.
18.
19.
20.
. Of lands to
CHAPTER SEVENTY.
WILLS.
. How wills shall be made and their
effect.
. To be in accord with laws and con-
stitution of the State of Maryland.
. Testator's qualifications as to age and
capacity. -
be in writing; how at-
tested ; how revoked.
. Affecting lands, when attested by
any beneficiary, void as to his inter-
est, but he can prove execution.
. Creditors of debts charged on lands |
may witness. -
. Beneficiary attesting, whose interest
is void as witness, barred from
taking.
. Proviso as to preceding three sec-
tions.
. After acquired, real estate may be
devised by will.
. JDevises of land to churches, etc.
. Devises of land to parish, when.
. Proviso as to preceding two sections.
. When actions may be maintained by
creditors against devisees.
. Punishment for altering, destroying,
or secreting wills.
. Custodians, etc., of wills may open
and read, etc.; must deliver to
register; duty of register, etc.
Wills must be delivered to register
within three months after death of
testator; penalty for neglect.
Attested copy of will, under seal ;
when evidence. *
Record of wills to be prima facie
evidence of contents; not to apply
to pending cases.
Widows may bequeath crop of their
lands.
Wills of personalty may be proved.
Sec.
21.
22
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
When register may take probate of
wills of personalty.
. When court may take probate of
wills of personalty.
. How wills shall be authenticated or
proved.
. Caveats against, to be decided by
court.
. When probate taken by register and
caveat entered, letters shall not
issue until hearing by court.
. Examination of witnesses and of
person exhibiting will.
. When re-examination and hearing
after probate; when nuncupative.
wills shall be proven.
. Wills as to personalty, not to be re-
pealed, altered, or changed except
by writing, etc.
Nuncupative wills; when valid.
Qualifications of witnesses to nun-
cupative wills.
Probate of nuncupative wills.

When letters or probate of nuncupa-
tive wills shall be effective. -
Proof of wills by commission.
Will to accompany commission. .
Depositions taken by commission
equal to Oral testimony.
Creditors not to be defrauded by
wills.
Wills fraudulent against creditors.
Heir and devisee jointly liable.
Devise pursuant to marriage con-
tract and for just debt, valid.
When heir is liable for value of the.
land. -
Heir may plead “nothing by de-
scent ; ” replication and issue.
Devisee liable as heir.
How wills shall SEC. 1. All lands, tenements and hereditaments, which might pass
be made, and their
effect.
by deed, or which would, in case of the proprietor’s dying intestate,
descend to, or devolve on, his or her heirs or other representatives,
Md. act 1798,6h. except estates tail, shall be subject to be disposed of, transferred
101, su b c h.
Sec. 1.
1 Dorsey, 370.
1, and passed, by his or her last will,
following restrictions.”
testament or codicil, under the
2 Kilty, 832. 3 MacArthur Rep., 153, Power vs. Davis; 43 Md. Rep., 335, Devecnnon
vs. Devecmon; 60 Md. Rep., 381, Ho
68 Md. Rep., 449, Cover vs. Stem.
ppe vs. Byers; 61 Md. Rep., 206, Hoppe vs. Byers;
g
* Appeals to U.S Supreme Court, 134 U. S. Rep., 47, Ormsby vs. Webb.
CHAPTER LXX.—WILLS. . 557
SEC. 2. No will, testament or codicil, shall be effectual to create To be in accord
any interest or perpetuity, or make any limitation, or appoint any Yºº º:
uses, not now permitted by the constitution or laws of the state ... M. e
state of Maryland.
[Maryland]. yuana.
... * - - Ibid., sec. 2.
1 Dorsey, 370. 2 Kilty, 832. 95 U.S. Rep., 308, Ould vs. Washn. Hospital; 68 Md.
Rep., 352, Albert vs. Albert. - -
SEC. 3. No will, testament or codicil, shall be good and effectual Testator's quali-
for any purpose whatever, unless the person making the same be, at fications as to ca-
the time of executing or acknowledging it as hereafter directed, of pacity and age.
sound and disposing mind, and capable of executing a valid deed or Ibid.,sec. 3.
contract. No will, testament or codicil, shall be good and effectual 1 Dorsey, 370,
to pass any interest, or estate in any land, tenement, or incorporeal **,2,
hereditament, unless the person making the same, if a male, be of ſº ; 47
the full age of twenty-one years, and if a female, of the full age of Ormsby's Webb,
eighteen years. 8 Mackey Rep.,
495, Hoover's Will; 64 Md. Rep., 138, Stirling vs. Stirling; 60 Md. Rep., 286, Layman
vs. Conrey; 53 Md. Rep., 376, Brown vs. Ward; 50 Md. Rep., 466, Griffith vs. Diffen-
derffer; 45 Ma. Rep., 422, Taylor vs. Cresswell; 43 Md. Rep., 479, McElwee vs. Fer-
guSOll. -
SEC. 4. All devises and bequests of any lands or tenements, devis- Qf lands, to be
able by law, shall be in writing, and signed by the party so devising Xiºg; how at-
the same, or by some other person in his presence, and by his express º how re-
directions, and shall be attested and subscribed in the presence of ſº
the said devisor, by three or four credible witnesses, or else they biºse&#.
shall be utterly void and of none effect ; and moreover, no devise in #. *J 3 -> * ~ *
$º j tº - * y,832
writing of lands, tenements or hereditaments, or any clause thereof, 5 Maj. C.
shall be revocable, otherwise than by some other will or codicil in Rep., 493, Will of
writing, or other writing declaring the same, or by burning, cancel- David D. Porter;
ling, tearing or obliterating the same by the testator himself, or in W. Rep. 22,
& e g & g elty vs. Welty;
his presence, and by his directions and consent ; but all devises and 3’ ºr “anº.
bequests of lands and tenements shall remain and continue in force Henry Rep. 462;
until the same be burnt, cancelled, torn or obliterated, by the testa-4Har, and J. Rep.,
tor, or his directions in manner aforesaid, or unless the same be £8, Tillman, .º.
altered by some other will or codicil in writing, or other writing of .**i. & Hº
the devisor, signed in the presence of three or four witnesses, declar- Mason ºpHarri.
ing the same, any former law or usage to the contrary notwith- son; 7 Har. and J.
standing. - - Rep., 388, Semmes
* , - ºvs. Semmes; ibid.,
61, Edelen vs. Hardy; 3 Md. Rep., 134, Plater vs. Groome; 3 Md. Rep., 491, Cramer
vs. Crumbaugh; 14 Md. Rep., 507, Barnes vs. Syster; 28 Md. Rep., 115, Higgins vs.
Carlton ; 43 Md. Rep., 336, Devecmon vs. Devecnnon ; 53 Md. Rep., 357, Etchison vs.
Etchison; 61 Md. Rep., 478, Eschbach vs. Collins; 64 Md. Rep., 138, Sterling vs.
Sterling; 65 Md. Rep., 373, Baldwin vs. Spriggs; 75 Md. Rep., 188, Trustees vs. Mc-
Kinstry; 76 Md. Rep., 546, Remington vs. Bank. -
SEC. 5. Whereas by an act made in the twenty-ninth year of the Affecting lands,
reign of his late majesty King Charles the Second, intitüled, An act Yº i. by
for prevention of frauds and perjuries; it is amongst other things ja º i.
enacted, That from and after the twenty-fourth day of June, in the terest; but he can
year of Our Lord one thousand six hundred and seventy seven, all prove execution.
devises and bequests of any lands or tenements deviseable, either by 25cco. II.i.
force of the statute of wills, or by that statute, or by force of the 6, sec. i. A. D.
custom of Kent, or the custom of any borough, or any other partic- 1752.
ular custom, shall be in writing, and signed by the party so devising sºlº Prit. Stat.
the same, or by Some other person in his presence, and by his express "##R 253
direction; and shall be attested and subscribed in the presence of the 3i X.” "Law
said devisor, by three or four credible witnesses, or else they shall be Rep., 627, Dough-
utterly void and of none effect, which hath been found to be a wise erty, vs. Q'Brien;
and good provision; but whereas doubts have arisen who are to be {, },PPº º
deemed legal witnesses within the intent of the said act therefore, P. º.º. º.º.
ºśc cuu U , 6 Mackey Rep.,
for avoiding the same, 98, 102, 104, Elliot
558 - CHAPTER Lxx.—WILLS.
vs. Brent, 3 Har. Be it enacted by the King's most eaccellent majesty, by and with the
sºnJºãº advice and consent of the Lords Spiritual and Temporal, and Com-
§ Mä. Rep. iii, ſºons, ºn this present Parliament assembled, and by the authority of
Éstep vs. Morris; the same, That if any person shall attest the execution of any will
39 Md. Rep., 549, or codicil which shall be made after the twenty-fourth day of June
Harris vs. Pue, in the year of our Lord one thousand seven hundred and fifty-two,
to whom any beneficial devise, legacy, estate, interest, gift or appoint-
ment of or affecting any real or personal estate, other than and except
charges on lands, tenements or hereditaments for payment of any
debt or debts, shall be thereby given or made, such devise, legacy,
estate, interest, gift or appointment, shall, so far only as concerns.
Such person attesting the execution of such will or codicil, or any
person claiming under him, be utterly null and void; and such per-
son shall be admitted as a witness to the execution of such will or
codicil, within the intent of the said act; notwithstanding such
devise, legacy, estate, interest, gift or appointment mentioned in such
will or codicil.
Creditors of SEC. 6. In case, by any will or codicil already made or hereafter
debts charged on to be made, any lands, tenements or hereditaments, are or shall be
lands may Wir charged with any debt or debts; and any creditor whose debt is so.
IleSS. charged, hath attested or shall attest the execution of such will or
Ibid.,sec. 3. codicil, every such creditor, notwithstanding such charge, shall be
Alex. Brit. Stat., admitted as a witness to the execution of such will or codicil, within.
782. the intent of the said act.
Beneficiary at- SEC. 7. No person to whom any beneficial estate, interest, gift, or
testing whose in- appointment shall be given or made, which is hereby enacted to be
terest is void as • *. e ~~~~co 3 Al ov, * &n. º tº -
g - l f H-. l º r
witness, barred º I and void as aforesaid, or who shall have refused to receive any
• -: such legacy or bequest, on tender made as aforesaid, and who shall
from taking, 85 g ſº e 5 º +
ºri. a have been examined as a witness concerning the execution of such
º 'É sa. will or codicil, shall, after he shall have been so examined, demand
75.” “” or take possession of or receive any profits or benefit of or from any
such estate, interest, gift or appointment so given or made to him,
in or by any such will or codicil; or demand, receive or accept from
any person or persons whatsoever, any such legacy or bequest, or
any satisfaction or compensation for the same, in any manner, or
under any colour or pretence whatsoever.
Proviso as to SEC. 8. Provided always, That as to cases arising in any of the
preceding three said colonies or plantations in America, no such devise, legacy or
sections, astoime bequest as aforesaid, shall be made null and void by virtue of this,
*** act, unless the will or codicil whereby such devise, legacy or bequest.
..Ibid.,sec. 11, p. shall be given, shall be made after the first day of March, which
A SO, shall be in the year of Our Lord one thousand seven hundred and
fifty-three.*
After-acquired SEC. 9. Any will hereafter executed devising real estate in the
salesiºłe nº be District of Columbia from which it shall appear that it was the
*** * intention of the testator to devise property acquired after the execu.
Jan.17, 1887. tion of the will, shall be deemed, taken and held to operate as a valid
ºich. devise of all such property.
8 Cranch Rep., 66, Smith vs. Edrington; 16 How. Rep., 282, Carroll vs. Carroll; 13
Gratt. Rep., 128, Raines vs. Barker; 3 Call Va. Rep.,289, Allen vs. Harrison; 12 B.
Mon. Ky. Rep., 437, Ross vs. Ross; 65 Md. Rep., 383, Baldwin vs. Spriggs; 151 U. S.
Rep., 112, Hardenbergh vs. Ray. * -
* A legacy to a subscribing witness to a mere will or codicil of personalty is now held to be good
(Foster vs. Banbury. 3 Sim.40; Emanuel/vs. Constable, 3 Russ. 436), although Sir William Grant, in Lees
vs. Summersgill, 17Wes. Jun. 508, held the contrary. In Doe vs. Mills, 1 M. & Rob. 288, it was determined
that a devise to an attesting witness was void, though there are three other attesting witnesses to the
will, See Dep, Commissary Guide, 75, -
CHAPTER LXx,−WILLS. . . +. 559
SEC, 10. That any person or persons, being of sound and disposing , Devise of lands
mind and memory, that have heretofore devised, or shall hereafter to church, etc.
devise any lands or tenements to the use of any church or chapel Md. act tºº, ch.
within this District [province, or for support or maintenance of the 4, seg.3, 3.
clergy or ministry of the church of England, as by law established, Kilty.171.
or to the use of the church, or support of the protestant religion in **Y*P*
general, without particularly mentioning to what church, chapel or -
person, shall be good and effectual in law, notwithstanding such
omission, or any ambiguity or uncertainty in the wording of any
will, if the intent of the testator can be reasonably collected from
the words Of the will. [See § 457, R. S. D. C.)
SEC. 11. That where the intent of the testator is at large, and it ... Land to go to
does not appear to what church, chapel or person, he devised such the parish, when.
land, in such case the land SO devised shall go to the parish or incum- Ibid...sec. 3.
bent where such land lies, in the same manner as glebes are com- I Kilty, 171.
monly held, and that no want or insufficiency of words, (where the Dorsey, 58.
intent appears) shall defeat Such parish or incumbent of such land.
SEC. 12. That thislaw shallin no wise affect any lands that have been Proviso as to
heretofore disputed in law, or escheated, or about which there is at two preceding sec-
this time any contest or law-suit depending : And provided, likewise, *
That such will or Wills have and shall be signed by the testator So Ibid., sec. 4.
devising the same, or by some other person in his presence, and by 1 Kilty, 172.
his express directions, in the presence of three or more creditable + Porsey, 58-
witnesses and duly proved.* -
- . . . . . . º. , , , , , iº A W. tº * **** f *a*. - where ~ * ior, or cy En certain cases.
SEC. 13. In all and every case where any person hath died, of shall aci. may be
die, seized of lands, tenements or hereditaments, and shall have maintained by
devised, or shall devise the same in any lawful manner whatsoever, creditors against
not leaving any heir or heirs, or leaving any heir or heirs at law not devisees.
being citizens or residents of this District [state, in all and every such Md. act 1797, ch.
case it shall and may be lawful for any creditor or creditors of 113, sec. 3. "
every such devisor to have and maintain his, her or their action 3 Kilty, 75.
and actions against the devisee or devisees to whom such lands, ***, *.
tenements or hereditaments, may be devised, without joining the
heir or heirs at law in any such action or actions; and such creditor
or creditors shall and may have remedy by virtue of this act against
such devisee or devisees alone, and against the lands, tenements
and hereditaments, so devised, in such like cases, and under such
circumstances, as such creditor or creditors might or could have
remedy under the said statute where the heir or heirs at law could
or should be joined in such action or actions, according to the
directions of the said statute.
SEC. 14. If any person, to whom a will or codicil hath been or Punishment for
shall be delivered by the party making it for safe custody, shall altering, dest:2y:
alter or destroy the same, without the direction of the said party, ºils” secreting
or wilfully secrete it for the space of six months after the death of "T. --------------------- ~ *
the party shall be known to him or her, on conviction thereof the ºld, act. 1398.cº.
person so offending shall be sentenced to such punishment as is . . subch. 2,
inflicted by law in cases of grand larceny. - 3 Kilty,833.
- 1 Dorsey, 371.
SEC. 15. It shall be lawful for any private person, in whose Custodians of
possession or custody a will or codigil shall be, after the death of wills may open
the testator or testatix, to open and read the same in the presence . . .
of any near relatives of the deceased, who may conveniently have *:::::::: º
notice thereof, and of other persons, and immediately thereafter to of register, etc.
deliver the said will or codicil to the register of wills, or the register g
* * & ~5 * • * Ibid., sec. 2.
or clerk of any office in the county authorized to record wills, whose ºil.
* See 1798, ch. 101, sub ch. 1, sec. 1, Md. act.
560 - .* CHAPTER Lxx.—WILLS.
!... Dorsey, 871, duty it shall be to keep the same safe, until proceedings may be had
,372. for proving the same in the said office, or until it be demanded by
an executor, or other person authorized to demand it, for the
purpose of having it proved according to law. -
Wills must be SEC. 16. If any private person, in whose possession or custody a
delivered to regis will or codicil shall be, after the death of the testator or testatix,
ter, within three shall wilfully neglect to deliver the same to the register of wills, or
Imonths after tº ā; e ~~~~
j."ºf tejº, the register or clerk of any office proper for recording wills in the
penalty for negº county where the said person resides, or where it is proper to prove
lect. the same, or to Some executor named in the will, for the space of
Ibid., sec. 3. three calendar months after the death of the testator or testatrix
2 Kilty,832. Shall be known to the said person, he or she, thus offending, shall be
1 Dorsey, 372. Subject, on conviction in a court of law, to such fine as the court
shall in their discretion think proper. x
Attested copy of SEC. 17. An attested copy, under the seal of office, of any will, testa-
Will, under seal, ment or codicil, recorded in any office authorized to record the same,
*** shall be admitted as evidence in any court of law or equity, provided
Ibid., Sec. 4. that the execution of the original will or codicil be subject to be con-
#. sº, tested until a probat hath been had according to this act.
Orsey, 5 (2.
109 U. S. Rep., 608, Robertson vs. Pickrell; 30 Md. Rep.,409, Beatty vs. Mason.
Record of wills SEC. 18. The record of any will or codicil heretofore or here-
to º º: * after recorded in the office of the register of wills of the District of
...” “ ” Columbia, which shall have been admitted to probate by the supreme
e court of the District of Columbia, or by the late orphans’ Court of
said District, or the record of the transcript of the record and probate
of any will or codicil elsewhere, or of any certified copy thereof here-
tofore or hereafter filed in the office of said register of wills shall be
prima facie evidence of the contents and due execution of such wills
Proviso. and codicils: Provided, That this act shall not apply in any cause
Not to apply to now pending in any of the courts of the District of Columbia.
ending causes. g -
July 9, 1888. 25 Stat., 246. 109 U.S. Rep., 608, Robertson vs. Pickrell; 5 Mackey
Rep. 293, McIntire's Will; 14 Md. Rep., 532, Warford vs. Colvin; 30 Md. Rep., 409,
Beatty vs. Mason; 51 Md. Rep., 146, Wright vs. Gilbert.
-** * * * *
Widows may be: SEC. 19. Widows may bequeath the crop of their ground, as well
queath the crop of of their dowers, as of other their lands and tenements.”
their lands.
20 Henry III, ch. 2. Alex. Brit. Stat., 28. Kilty's Rep.,208.
WILLS OF PERSONALTY. f
Wills disposing SEC. 20. Any Will, or codicil, containing any disposition relative
of personalty may to goods, chattels or personal estate, may be proved in the county
be proved. where most of the witnesses reside, or in the county in which letters
Md. act 1798, ch, testamentary or of administration may be granted.
101, sub ch. 2, Sec. 5. 2 Kilty, 832. 1 Dorsey, 372.
Whº register SEC. 21. If any will or codicil, making any disposition relative to
º * goods, chattels, or personal property or rights, or appointing an
Sonalty, etc. * executor, be exhibited for proof to the register of wills in the
Ibid., Sec. 6 county wherein the will may be proved, in the recess of the court,
2 #j. and any of the next relations of the deceased shall attend, and make
1 Dorsey,372. no objections, or enter no caveat, or if it shall appear that reasona-
8 Mackey Rep., ble notice hath been given to such of the next relations as might
48%. McIntire ºs. conveniently be there with served, of the time of exhibiting the said
McIntire; 3 Maçk- will or łicil is ºw ll & * re
O will Or codicil, and no person shall object, or enter a caveat, the
ey Rep., 293, Mc- g 5 - 3
iñº.” Wil,”;3 register shall thereupon proceed to take the probat, and to grant let-
Md. Rep., 528, ters testamentary accordingly. -
Johns vs. Hodges. – {
*See Md. act 1798, chap. 101, subchap. 7; 2 Kilty, 841. - - - - - - - -
+ 19 Wash. Law Rep., 118, McIntire vs. McIntire; ibid., 8 Mackey Rep., 482.
CHAPTER LXX.—WILLS. 561
SEC. 22. If any such will or codicil, respecting personal property, . When court may
or appointing an executor, be exhibited for probat to the orphans tº probat of
court of the county where the same may be proved, and any of the . of person-
next relations of the deceased shall attend, or if notice shall appear y:
to have been given as aforesaid, and no caveat shall have been made ºise.
against the said will or codicil, the said court may forthwith pro- #;,
ceed to take the probat of such will or codicil. . 64 Md. Rep.,543,
Emmert vs. Stouffer.
SEC. 23. If any such will or codicil, respecting personal property, or . How Wills, shall
appointing an executor, be exhibited to the orphans court, and none . .".
of the near relations of the deceased shall attend, and no notice shall .m. or pub-
appear to have been given, the said court may either direct sum-lication.
mons to the said near relations, or Some One or more of them, to º
º & e Ibid., sec. 8.
; on some fixed day, to shew cause wherefor the will or cod- #.
icil should not be proved, or direct such notice to be given in the 1 Dorsey, 372,
public papers, or otherwise, as they may think proper; and if no 373.
ºbjectiºn shall be made, or caveat entered on or before the day fixed, gº.g.
the said court, or the register of wills in their recess, may proceed ...”
to take the probat of such will or codicil; but if objection shall be
made, on or before the day appointed, the said court shall have cog-
nizance of the affair, and shall determine according to the testimony
produced on both sides. -
SEC. 24. If any person whatever shall enter a caveat against any Caveats against,
such will or codicil respecting personal property, or appointing an to be decided by
executor, either before or after it shall be exhibited to the register *
of wills or orphans court, the said caveat shall be decided by the Tinia.s.l.,
said court. 2 Rīty, Ś33.
1 Dorsey, 373. 5 Mackey Rep., 293, McIntire's Will; 62 Md. Rep., 525, Johns vs.
Hodges; 40 Md. Rep., 361, Mason vs. Poulson; 33 Md. Rep., 574, O’Neill vs. Smith;
14 Md. Rep., 532, Warford vs. Colvin; 11 Md. Rep., 387, Clagett vs. Hawkins; 3 Md.
Rep., 230, Hanna vs. Munn; 12 Gill and J. Rep., 385, Offutt vs. Gott.
SEC. 25. In case any person shall enter a caveat against any will . When Propºſe
tº º - *** * º te * -- + -- ~~ * , taken by register
OI’ codicil res ecting personal property, Ol appointing an executor * and caveat enter-
of which probat shall have been taken by the register as aforesaid, j letters shall
no letters testamentary shall be granted, until a determination shall not issue until
be had in the Orphans court. hearing by court.
Ibid., sec. 10; 2 Kilty, 833; 1 Dorsey, 373; 5 Mackey Rep., 293, Estate of McIntire;
11 Md. Rep., 381, Clagett vs. Hawkins; 33 Md. Rep., 569, O'Neill vs. Smith; 4 Gill Rep.,
56, Compton vs. Barnes; 4 Md. Rep., 393, Pegg vs. Warford; 28 Md. Rep., 25, Levy
vs. Levy; 21 Md. Rep., 373, Price vs. Moore; 39 Md. Rep., 535, Harris vs. Pue; 40
Md. Rep., 361, Mason vs. Poulson; 56 Md. Rep., 542, Worthington vs. Gittings; 62
Md. Rep., 525, Johnsvs. Hodges; 64 Md. Rep., 101, State vs. Smith; 64 Md. Rep., 543,
Emmert vs. Stouffer.
SEC, 26. If no objections shall be made to the probat of a will or Examination of
codicil, respecting personal property, or appointing an executor, or ...; º:
no caveat shall be #. against the same before probat, it shall not ..." “”
be necessary to examine all the witnesses, unless they shall volun-lº. •
tarily attend, but the probat may be made on such proof as shall be ºf º
sufficient to give efficacy to a will or codicil for passing personal łº, '873
property; provided that every executor, or other person, exhibiting 374. 5 y
a will, shall be examined on oath, or affirmation, as the case may be,
whether or not he or she knows of any other will or codicil, and
i. what manner the will or codicil exhibited came to his or her
all ClS. -
SEC. 27. If the probat of any will or codicil be taken as aforesaid, . When reexam-
without contest, any person, before letters testamentary, or of hº and º
administration with a copy of the will, shall be actually granted, "...”.
may file a petition to the court, praying that the case, be again paſſive wills shall
examined and heard, and thereupon the orphans court shall delay be proven.
the granting of letters, until a decision shall be had on the said.
36 C S
562 r CHAPTER LXX, −WILLS.
ºidºseº.º. petition; and in case letters shall have been granted, and any person
† #. sº4 shall file such petition, and the court, on hearing both sides, that is
*** to say, the petitioner and the grantee of such letters, shall decide
sº"; t; against the probat, the letters aforesaid shall be revoked, and the
wil; 62 vid. Rep. PQWe; of the party, under the said letters shall cease; and the said
535, join is is will shall not be proved unless the decision be reversed by the court;
Hodges; 40 Md. and no º will shall be proved within fourteen days after
Rep., ;: the death of the testator, unless his widow (if any) and some one of
#.ºi the next of kin, have been Summoned to contest the same, if they
Jºshii., §§ Mā please. -
Rep., 25, Levy vs. Levy; 11 Md. Rep., 381, Clagett vs. Hawkins; 39 Md. Rep., 533,
Harris vs. Paul; 56 Md. Rep., 547, Worthington vs. Gittings.
Wills of person- SEC. 28. No will in writing concerning any goods or chattels, or
º *: personal estate, shall be repealed, nor shall any clause, devise or
"...” ” bequest therein, be altered or changed by any words, or will by
S} word of mouth only, except the same be in the life of the testator
*Shagºsº, º committed to writing, and after the writing thereof read unto the
*...* 22, A. D. testator, and allowed by him, and proved to be so done by three
Alex. Brit. Stat., Witnesses at the least. . .
513. Kilty's Rep., 241. 61 Md. Rep., 208, Byers vs. Hoope, 68 Md. Rep., 203, McIn-
tire vs. Worthington; 65 Md. Rep., 373, Baldwin vs. Spriggs; 26 Md. Rep., 95, Whit-
man vs. Goodhand.
NUNCUPATIVE WILL. *
Nuncu pati Ye SEC. 29. Nonuncupative will shall be good, where the estate thereby
Wills When Valid bequeathed shall exceed the value of thirty pounds, [$80] that is not
Ibid., sec. 19 proved by the oaths of three witnesses (at the least) that were present at
A. E.; at... the making thereof; (3) nor unless it be proved that the testator at the
512. . time of pronouncing the same, did bid the persons present, or some
Kilty's Rep.,241. Of them, bear witness, that such was his will, or to that effect; (4)
nor unless such nuncupative will were made in the time of the last
19 Wash. Law sickness of the deceased, and in the house of his or her habitation
Rep., 139, 260, in or dwelling, or where he or she hath been resident for the space of
* Askins; ibid...? ten days, or more, next before the making of such will, except where
*: º Such person was surprized or taken sick, being from his own home,
i., §oſ." H. and died before he returned to the place of his or her dwelling.
Imett vs. Shanks; 36 Md. Rep., 630, Biddle vs. Biddle; 33 Md. Rep., 569, O’Neill vs.
Smith; 19 Md. Rep., 348, Weems vs. Weems; 9 Gill Rep., 467, Welling vs. Owings;
#. º * J. Rep., 192, Dorsey vs. Sheppard; 3 Har. and J. Rep., 208, Brayfield vs.
ray Ile1(i. - -
Qualifications of SEC. 30. And whereas by an act of Parliament made in the twenty-
wº § * ninth year of King Charles the Second, intitled, An act for preven-
*** tion of frauds and perjuries, it is enacted, that no nuncupative will
4 Anne, ºh, 16, shall be good, where the estate thereby bequeathed shall exeed the
* lºš º value of thirty pounds, [380] that is not proved by the oaths of three
66: “*” witnesses at the least, that were present at the making thereof; it
& ; is hereby declared, that all such witnesses as are and ought to be
allowed to be good witnesses upon trials at law, by the laws and
customs of this realm, shall be deemed good witnesses to prove any
nuncupative will, Or any thing relating thereto. -
Probate of num- SEC. 31. That after six months passed after the speaking of the
“P” Wºº pretended testamentary words, no testimony shall be received to
Ibid., sec. 20. prove any will nuncupative, except the said testimony, or the Sub-
Alex. Brit. Stat., stance thereof, were Committed to writing within six days after the
j13. ;-- ~~ o co - Al -rr;
Kilty's Rep ,241. making of the said will,
When leftels ºr SEC. 32. That no letters testamentary or probate of any nuncupa-
º: * º, tive will, shall pass the seal of any court, till fourteen days at the
shifte effective least after the decease of the testator be fully expired ; (2) nor shall
* See Md. act 1798, ch. 101, subch. 2, Sec. 13, ante,
CHAPTER LXX.—WILLS, 563
any nuncupative will be at any time received to be proved, unless Ibid., see, 21.
process have first issued to call in the widow, or next of kindred to sºlex Brit Stat.,
the deceased, to the end they may contest the same, if they please. Kilty's Rep.,241.
- l ... • 33 Md. Rep., 569,
PROOF OF WILLS BY COMMISSION. O'Neill vs. Smith.
SEC. 33. Whenever a will or codicil shall be exhibited for probate . Proof of , wills.
to the supreme court, if any of the witnesses to the same shall reside by commission.
out of the District, or be temporarily absent therefrom at the time Sec 394, R. S.
when the will or codicil shall be so exhibited, the court may issue, D.C. ". .
upon personal notice of not less than twenty days to all parties in , ; Mar.; 1869, ch.
interest, a commission to One or more competent persons to take the * Stat. 340.
deposition of such absent witness, in such form as the court may at, 840.
prescribe, touching the execution of such will or codicil, and the
competency of the testator at the time of the execution thereof.
SEC. 34. In all such cases the original will or codicil shall accom- Will to accom-
pany the commission, and be exhibited to the witnesses. pany COmmission.
Sec. 895, R. S. D. C. Mar. 3, 1869, 15 Stat., 340.
SEC. 35. Such depositions, when returned to the court, shall be Depositions, so
received therein as competent evidence, and have the same force and : equal to Gral
effect as if the witnesses were personally present and testifying in *-
the court. - - Sec. 896, R. S.
- D. C. Mar. 3, 1869, 5 Stat., 340.
FRAUDULENT DEVISES.
SEC. 36. Whereas it is not reasonable or just, that by the practice , Creditors not to
or contrivance of any debters, their creditors should be defraided bºdefrauded by
of their just debts; and nevertheless it hath often so happened, that *
where several persons having by bonds or other specialties bound 3 and 4 William
themselves and their heirs, and have afterwards died seized in fee and Mary; Ch; 14,
simple of and in manors, messuages, lands, tenements, and heredita- *i; # sº.
ments, or had power or authority to dispose of or charge the same 5. “”
by their wills or testaments, have (to the defrauding of such their Kilty's Rep.,242.
creditors by their last wills or testaments) devised the same, or dis-
posed thereof in such manner as such creditors have lost their said
ebts ; for remedying of which, and, for the maintenance of just and
upright dealing, be it enacted and declared.
SEC. 37. That all wills and testaments, limitations, dispositions, Wills fraudulent
or appointments, of or concerning any manors, messuages, lands, **
tenements, Or hereditaments, or of any rent, profit, term, or charge Ibid., sec. 2.
Out of the same, whereof any person or persons, at the time of his, Alex, Brit. Stat.,
her, or their decease, shall be seized in fee-simple in possession, º
e tº - e ty’s Rep.,242.
reversion, or remainder, or have power to dispose of the same by
his, her, or their last wills or testaments, to be made after the five and
twentieth day of March, in the year of our Lord God one thousand
six hundred ninety and two, shall be deemed and taken (only as
against such creditor or creditors as aforesaid, his, her, and their
heirs, successors, executors, administrators, and assigns, and every
of them) to be fraudulent, and clearly, absolutely, and utterly void,
frustrate, and of none effect; any pretence, colour, feigned, or pre-
Sumed consideration, or any other matter or thing to the contrary
notwithstanding.
SEC. 38. And for the means that such creditors may be enabled to Heir and devisee
recover their said debts: - jointly liable.
Be it further enacted by the authority aforesaid, That in the cases TIbid., sec. 3.
before mentioned, every such creditor shall and may have and main- Alex. Brit. Stat.,
tain his, her, and their action and actions of debt, upon his, her, and 574.
CHAPTER LXX.—WILLS.
their said bonds and specialties, against the heir and heirs at law of
such obligor or obligors, and such devisee and devisees, jointly by
virtue of this act; and such devisee or devisees shall be liable and
chargeable for a false plea by him or them pleaded, in the same
manner as any heir should have been for any false plea by him
pleaded, or for not confessing the lands Ortenements to him descended.
Devise pursuant Sec. 39. Provided always, and be it enacted by the authority afore-
to marriage Con-
tract and for just
debt valid.
Ibid., Sec. 4.
Alex. Brit. Stat.,
574, 575.
Rilty’s Rep.,242.
said, That where there hath been, or shall be any limitation or
appointment, devise or disposition, of or concerning any manors,
messuages, lands, tenements, or hereditaments, for the raising or
payment of any real and just debt or debts, or any portion or por-
tions, sum or sums of money for any child Or children of any per-
son, other than the heir at law, according to, Or in pursuance of,
any marriage contract or agreement in Writing, bona fide, made
before such marriage, the same and every of them shall be in full
force; and the same manors, messuages, lands, tenements, and here-
ditaments, shall and may be holden and enjoyed by every such per-
son or persons, his, her, and their heirs, executors, administrators,
and assigns, for whom the said limitation, appointment, devise, or
disposition was made, and by his, her, and their trustee or trustees,
his, her, and their heirs, executors, administrators, and assigns, for
When heir liable
for value of the
land.
Ibid., Sec. 5.
Heir may plead
“nothing by de-
Scent,” replication
and issue.
such estate or interest as shall be so limited or appointed, devised or
disposed, until such debt or debts, portion or portions, shall be raised,
paid, and satisfied; any thing in this act contained to the contrary
notwithstanding. t -
SEC. 40. And whereas several persons being heirs at law, to avoid
the payment of such just debts, as in regard of the lands, tenements,
and hereditaments descending to them, they have by law been liable
to pay, have sold, aliened, or made Over such lands, tenements, or
hºtements before any process was or could be issued out against
them:
Be it further enacted by the authority aforesaid, That in all cases
where any heir at law shall be liable to pay the debt of his ancestor
in regard of any lands, tenements, or hereditaments descending to
him, and shall sell, aliene, or make over the same, before any action
brought, or process sued out against him, that such heir at law shall
be answerable for such debt, or debts, in an action or actions of
debt, to the value of said land so by him sold, aliened, or made
over; in which case all creditors shall be preferred, as in actions
against executors and administrators, and such execution shall be
taken out upon any judgment or judgments so obtained against such
heir, to the value of the said land, as if the same were his own proper
debt or debts, Saving that the lands, tenements, and hereditaments
bona fide aliened before the action brought, shall not be liable to
such execution. -
SEC. 41. That where any action of debt upon any specialty is
brought against any heir, he may plead riems per descent, at the
time of the original writ brought, or the bill filed against him ; any
thing herein contained to the contrary notwithstanding ; and the
Ibid., sec. 6.
Alex. Brit. Stat.,
575.
Kilty’s Rep., 242.
laintiff in such action may reply, that he had lands, tenements, or
hereditaments from his ancestor before the original writ brought, or
bill filed ; and if upon issue joymed thereupon, it be found for the
plaintiff, the jury shall enquire of the value of the lands, tenements,
or hereditaments so descended, and thereupon judgment shall be
given, and execution shall be awarded as aforesaid ; but if judgment
be given against such' heir by confession of the action, without con-
fessing the assets descended, or upon demurrer, or mihil dicit, it
shall be for the debt and damages, without any writ to enquire of
the lands, tenements, or hereditaments so descended.
CHAPTER LXXI.--WITNESSES,
565
SEC. 42. That all and every devisee and devisees, made liable by , Devisee liable as
this act, shall be liable and chargeable in the same manner as the heir.
heir at law by force of this act, notwithstanding the lands, tene-
ments, and hereditaments, to him or them
before the action brought.
Sec.
1.
:
7
10.
12.
13.
14.
16.
17.
CHAPTER SEVENTY-ONE.
WITNESSES.
Sec. -
Interested parties may be witnesses. | 18. Same subject, taking and remitting
(NOTE.-On letters rogatory from depositions.
foreign courts, etc.; when sub-
poenas run to another district;
attendance of, on grand and petit
juries, when required on behalf of
TJnited States. ; poor defendants
in criminal cases may procure.)
. When interested parties may not be
witnesses.
. Affirmation, when allowed in lieu of
Oath.
. Right to affirm must be shown by
testimony.
. No witness excluded on account of
color or interest, provided, etc.;
interested parties may testify in
Court of Claims.
. Parties particeps criminis compe-
tent and compellable to give testi-
mony against other defendants,
etc.; their testimony not to be
used against them.
. No exclusion on account of Color;
equal rights, penalties, etc.
. Defendants in criminal cases may be
witnesses, etc.
. Fees of witnesses.
Fees of witnessos and mileage.
. Double fees to witnesses not allowed.
Fees of witnesses while detained in
prison.
In criminal cases, may be imprisoned
in default of security.
Fees of witnesses, in District of
Columbia, before houses of Con-
greSS. -
. Fees (witness) not allowed officers of
United States courts.
In suits pending elsewhere; how dep-
ositions obtained in the District of
Columbia. & -
Same subject; when no commission.
de
nor notice.
19. Depositions of foreign witnesses in
civil suits, how obtained; effect of,
at hearing. Depositions, de beme
esse; under dedimws, and in per-
petuam. (See Note at foot cf this
section.)
20. Fees of witnesses testifying in suits
elsewhere; depositions under for-
eign commission or letters roga-
tory. (See Note to this section.)
21. Penalty for non-attendance after fees
tendered.
. On default, after process served, lia-
bility of witnesses in civil actions
to attachment; being present and
refusing to testify may be commit-
ted, etc.
23. Penalty for neglect to attend.
(NOTE. –Proceedings against, for
refusing to testify before houses of
Congress.)
24. Commissions to take testimony in
criminal cases.
25. Who may be commissioners.
26. What commission must state.
27. Notice by defendant to district attor-
ney.
28. Contents of notice.
29. Service of copy of notice.
30. District attorney may file cross-inter-
rogatories, otherwise clerk must
file, etc.
31. The commission.
32. Duties of commissioners.
33. Exhibits to testimony, disposition of.
34. Certificate and return of commission.
35. Deviations from unimportant direc-
tions not to affect, etc.
36. Court may establish further rules,
etc.; proof of wills by commission.
(See “Wills,” ante.)
SEC. 1. On the trial of any issue joined, or of any matter or ques-
tion, or on any inquiry arising in any suit, action, or other proceeding
in any court of justice in the District, or before any person having
by law, or by consent of parties, authority to hear, receive, and sec, sig, R. s.
examine evidence within the District, the parties thereto, and the D.C.
persons in whose behalf any such action or proceeding may be
brought or defended, and all persons interested in the same, shall,
except as provided in the following Section, be competent and Com
devised, shall be aliened
T key Rep.,
Ibid., sec. 7.
Interested par-
ties may be wit–
IleSSéS. -
2 Mackey Rep.,
469, Burdette vs.
Burdette ; 5 Mac-
15,
566 CHAPTER LXXI.—WITNESSES.
Holtzm ºn vs. pellable to give evidence, either viva voce or by deposition, accord-
Yº... º: ing to the practice of the court, on behalf of any of the parties to
; : *.*.*, the action or other proceedings.” (see R. S. U.S., is 871-874.
Mackey Rep., 89, Droop vs. Metzerott; ibid., p. 314, Andrews vs. Hunt; 3 Cranch,
C. C., 216, Bank of Columbia vs. Wright ; 3 Cranch, C. C., 435, King vs. Fearson.
Exceptions. SEC. 2. Nothing in the preceding section shall render any person?
Sec. 57. R. S. who is charged with an offense in any criminal proceeding compe-
tº *s-sº tº 5 tent or compellable to give evidence for Or against himself;
3 Mackey Rep., Or render any person compellable to answer any question tending
#. *... to criminate himself; tº &
.."; "Giar.". . Or render a husband competent or compellable to give, evidence
£rause;3 MacArº for or against his wife, or a wife competent or com beliable to give
thur Rep., 109; 18 evidence for or against her husband, in any criminal proceeding or
Wallaº Rºp. 436, in any proceeding instituted in consequence of adultery;
; Fº Nor shall a husband be compellable to disclose any communication
Hjºº.”ºs, made to him by his wife during the marriage, nor shall a wife be
Wagner; 6 Mac- compellable to disclose any communication made to her by her hus-
key, Rep.; 574, band during the marriage.
Beale vs. Brown ;
3 Cranch, C. C., 638, Sanderson's case; 5 Cranch, C.C., 309, U.S. vs. Hudland.
Affirm a tion SEC. 3. The people called Quakers, those called Nicolites or New
i. ºwed * Quakers, those called Tunkers, and those called Menonists, holding it
- Oa,Ull. unlawful to take an oath on any occasion, shall be allowed to make
Md. act 1797, ch, their solemn affirmation as witnesses, in the manner that Quakers
11; ‘wo have been heretofore allowed to affirm, which affirmation shall be of
i #. .ii, the same avail as an oath, to all intents and purposes whatever.
Confirmed 1798, ch. 83. 2 Kilty, 822. 1 Cranch, Ct. Rep., 151, Wilson Bryan's
Case; 43 Mól. Rep., 17, Loney vs. Bailey. *
Testimony must SEC. 4. That before any of the persons aforesaid shall be admitted
#. *** as a witness in any court of justice in this District [State, the court
.a.TIll'Ill. shall be satisfied, by such testimony as they may require, that such
Ibid., sec. 3. person is one of those who profess to be conscientiously scrupulous
of taking an Oath. -
No witness ex: SEC. 5. In the courts of the United States no witness shall be
º aºlº excluded in any action on account of color, or in any civil action
... lºrest because he is a party to or interested in the issue tried: Provided,
º That in actions by or against executors, administrators, or guardians,
...Sec. 858, R. S. in which judgment may be rendered for or against them, neither
*** c ºx-º e party shall be allowed to testify against the other, as to any transac-
102 U. S. Rep., #. & •º - g
664 fa. É. tion with, or statement by, the testator, intestate, or ward, unless
stine; 2 Mackey called to testify thereto by the Opposite party, or required to testify
Rep., .229, Cohen thereto by the court. Í -
ws. Cohen; 7 Mack- :: ::: :k >k ::: ::
ey Rep., 89, Droop § - •
“vs. Met zer Ott ;
ibid., p. 311, Andrews vs. Hunt; 144 U.S. Rep., 264, Logan vs. U.S.; 139 U.S. Rep.,
478, Snyder vs. Fiedler; 146 U.S. Rep., 336, Benson vs. U.S.; 16 Pet., 203, U.S. vs.
Murphy; 4 How., 420, Smyth vs. Strader; 12 How, 361, U.S. vs. Reed; 2 Bl., 535,
Wright vs. Bales; 9 Wall., 655, Green vs. U. S.; 18 Wall., 436, Lucas vs. Brooks; 20
Wall., 226, Cornett vs. Williams; 20. Wall., 528, Packet Company vs. Clough; 21
Wall. 488. Texas vs. Chiles; 22 Wall., 341, Railroad Company vs. Pollard; 2 Dill.,
475, Johnson vs. Owens; 1 Woods, 623, Eslava vs. Mazange's Administrator; 22 June,
1874, ch. 390, sec. 8, v. 18, p. 180. -
::: Whº witnesses giving testimony as experts entitled to compensation. 21 Wash Law Rep., 182, U.
S. vs. Cooper. -
Attendance of witnesses before grandor petit jury on part of the United States may be subpoenaed
when, and duration of attendance. R. S. U.S., sec. 877; in re. Spencer; MacArthur and M. Rep., 443.
On Letters Rogatory from foreign courts witnesses may be compelled to appear. 1 Sup. R. S., p.
266; Feb. 27, 1877, 19 Stat., 240. r
ºnas when to run to anºther district. R. S. U. S., sec. 876; in re Spencer, MacArthur and
. Reſ). -
Poor defendants in criminal cases may procure witnesses. R. S. U.S., sec. 878; 1 Mackey Rep., 585,
Guiteau's Case. -
f For amendment of first paragraph of this section see seventh section post. 20 Stat., 30. -
† Parties and persons interested may testify as witnesses in the Court of Claims. June 16, 1880.
21 Stat., 284; 1 Sup. R. S., p. 563,
CHAPTER LXXI.-WITNESSES. *. 567
SEC. 6. Every person accused or convicted of obtaining by false Testimony in
pretenses any goods or chattels, money, bank-note, promissory . º
note, or any other instrument in writing, for the payment or delivery ...
of money or other valuable thing, or of keeping a faro-bank or *
gaming-table, or of violating the laws relating to dueling, shall be a rºš80, 878, R. S.
competent witness against every other person offending in the same * *
transaction, and may be compelled to appear and give evidence in
the same manner as other persons; but the testimony so given shall
not be used in any prosecution or proceeding, civil or criminal,
against the person so testifying.
Sec. 7. In alli
udicial proceedings in the District there shall be no No exclusion on
exclusion of any witness on account of color.” *
account of color.
Sec.879, R. S. D. C.
SEC. 8. In the trial of all indictments, informations, complaints, Defendants in
and other proceedings against persons charged with the commission ºl...ºses
of crimes, offences, and misdemeanors, in the United States courts, ..." be witnesses,
Territorial courts, and courts-martial, and courts of inquiry, in any R. S., secs. 858,
State or Territory, including the District of Columbia, the person so 1342, 1624.
charged shall, at his own request but not otherwise, be a competent
witne Mar. 16, 1878.
SS.
* g . 20 Stat., 30.
And his failure, to make such request shall not create any pre- is...f. s.312.
sumption against him. . - 2 Sup. R.S., 155,
149 U.S. Rep., 61, Wilson vs. U.S.
SEC. 9. Witnesses are entitled to the same compensation as received Fees of witnesses.
for their attendange in the circuit courts of the District prior to July s. ssp. Es
seventh, eighteen hundred and thirty-eight. • ‘’v v 3 + v tº e
7 July, 1888, ch. 192,sec. 3, v.5, p. 307.
SEC. 10. The compensation to the witnesses * * summoned in Witness fees and
any court of the United States, shall be as follows, to wit: To each ***.
witness, for each day he shall attend in court, one dollar and twenty- Feb. 28, 1799.
five cents; and for travelling, at the rate of five cents permile, from 1 Stat., 626,
their respective places of abode, to the place where the court is see 9.
holden, and the like allowance for returning. -
SFC. 11. * * * When a witness is subpoenaed in more than one Double fees not
cause between the same parties, at the same court, only one travel allowed.
fee and one per diem compensation shall be allowed for attendance. Sec. 848, R. S.
Both shall be taxed in the case first disposed of, after which the per U.S., in part.
diem attendance fee alone shall be taxed in the other cases in the
order in which they are disposed of. * * *
SEC. 12. When a witness is detained in prison for want of Security . Fees of witnesses
for his appearance, he shall be entitled, in addition to his subsist- detained in prison.
ence, to a compensation of One dollar a day. Ibid
[See §§ 879, 881, R. S. U. S.; $ 401, R. S. D. C.j &
SEC. 13. That where any person, witness against any person or witnesses in
persons accused of any crime or crimes within this District [province, criminal cases
cannot find security for his appearance to testify as a witness against may be imprison:
any person so arrested, accused or prosecuted as aforesaid, and for want ... t default of
of such surety shall be committed to prison, then and in such case *:
the public shall be chargeable with and pay such fees, any law, usage ... Md. act 1752, ch.
*e * e” º * w 13 sec. 2
M SS 7 881, R. • 3 U. *º s 2 e *
or custom, to the contrary notwithstanding [See §§879, s., U.S. “ Kilty, 301.
1 Dorsey, 97.
* Such persons entitled to equal rights and incur equal penalties under the law. Sec. 1977, R. S. U. S.
f'The same fees are allowed to witnesses before the coroner. See sec. 901, R. S. D. C.
Fees 'of witnesses when paid by marshal, and otherwise. Secs. 855–857, R. S. U. S. See also
secs. 848, 849, R. S. U. S -
568 . --- CHAPTER LxxI.—WITNESSES.
Witnesses resid- SEC. 14. Witnesses residing in the District of Columbia and not in
i. *:::::::: the service of the government of said Districtor of the United States,
...t.'... who shall be summoned to give testimony before any committee of
fouse aii owed the House of Representatives, shall not be allowed exceeding two
only $2 per day. dollars for each day's attendance before said committee.
- [See § 848, R. S. U. S.]
May 1, 1876. 19 Stat.,41. 1 Sup. R.S.,206. 2 Sup. R.S., 100. 9
Witness fees not SEC. 15. No officer of the United States courts, in any State or
º to ºfficers Territory, or in the District of Columbia, shall be entitled to witness
* *** fees for attending before any court or commissioner where he is
ušº 849, R. S. officiating.
Depositions, in SEC. 16. When a commission to take the testimony of any witness
*:::º: found within the District of Columbia, to be used in a suit depend-
ing sº ing in any State or Territorial or foreign court, is issued from such
court, or a notice to the same effect is given according to its rules of
Sec. 871, R. S. practice, and such commission or notice is produced to a justice of
§ Mar, 1869, ch, the Supreme Court of said District, and due proof is made to him
123,sec. i. ' that the testimony of such witness is material to the party desiring
15 Stat., 324, the same, the said justice shall issue a summons to the witness,
requiring him to appear before the commissioners named in the
commission or notice, to testify in Such suit, at a time and at a
place within said District therein specified.
Same subject 3 SEC. 17. When it satisfactorily appears by affidavit to any justice
.*.* of the supreme court of the District of Columbia, or to any com-
– missioner for taking depositions appointed by Said court—
Sec. 873, R. S. First. That any person within said District is a material witness
"ß. Sec. 2. for either party in a suit pending in any State or territorial or
5 foreign court ; . *
Second. That no commission nor notice to take the testimony of
such witness has been issued or given; and
Third. That, according to the practice of the court in which the
suit is pending, the deposition of a witness taken without the pres-
ence and consent of both parties will be received on the trial or
hearing thereof, such officer shall issue his summons, requiring the
witness to appear before him at a place within the District, at some
reasonable time, to be stated therein, to testify in such suit.
Same ſubject: , SEC. 18. Testimony, obtained under the two preceding sections
ºntº: shall be taken down in writing by the officer before whom the wit-
tº dej.“ ness appears, and shall be certified, and transmitted by him to the
court in which the suit is pending, in such manner as the practice of
gº * * * that court may require. If any person refuses or neglects to appear
Tijd...sec. 3, at the time and place mentioned in the Summons, or, on his appear-
5 ance, refuses to testify, he shall be liable to the same penalties as
would be incurred for a like offense on the trial of a suit.
Depositions of SEC. 19. It shall and may be lawful for the justices of the Supreme
foreigº witnesses Court of the District of Columbia, [the provincial court, or any county
º: court, upon application made to them in court by any party or par-
at hearing. ties in or to any action or civil suit depending, or that shall be depend-
Md. act ſºon º before them, and upon satisfaction being given to such court, by
7, sec. 7. * affidavit or otherwise, that there are material and competent wit:
’īkūiy, 402, messes in such cause residing or living out of this District [province,
1 Dorsey, 126. to direct the clerk of such court to issue a commission for taking the
depositions or affidavits of such witnesses, and that such commission
shall issue, and the commissioners shall be appointed and qualified,
and such interrogatories be proposed or exhibited, and such commis-
sion be executed and returned, and the depositions or affidavits taken
in pursuance thereof shall be published, in the same manner and
CHAPTER Lxxi.-WITNESSES. 569,
form as in the case of a commission issuing out of the court of chan-
cery for the examination of witnesses residing and living out of this
province, and the depositions Or affidavits which shall be duly made
and taken in virtue of any commission which shall issue in pursu-
ance of this act, or copies thereof duly attested, shall be admitted in
evidence at the trial of the cause.* .
SEC. 20. Every witness appearing and testifying under the said Sam e subject;
provisions relating to the District of Columbia' shall be entitled to Witness fees.
receive for each day’s attendance, from the party at whose instance Sec. 874, R. S.
he is summoned, the fees now provided by law for each day he shall U.S.
give attendance. Ibid., Sec. 4.
* See secs. 17, 18.
SEC. 21. If any person or persons, upon whom any process out of Penalty on wit-
any the courts of record shall be served, to testify or depose con- messes for not at-
cerning any cause or matter depending in any of the same courts, *::::::ºfter I6262S.
relating to the premises, and having tendered unto him or them, €T€Cl. -
such reasonable sums of money, for his or their costs and charges, Md. act 1692, ch.
as having regard to the distance of the place, in that behalf is neces- 18, i. 5. 3
sary to be ... do not appear, according to the tenor of the said #.ºig.
process, having not a lawful, reasonable let or impediment to the 452. 3.
contrary, that then the party or parties so making default, shall for- . Re-enacted 1705
feit and lose, for every such offence, ten pounds sterling [$26.66%]; ch ki 84
and to yield to the party grieved such further recompense as by the . #. 337
discretion of 㺠of that court Out of which the said process State vs. *:: 5.
shall be awarded, according to the loss and hindrance that the party -
which procured the said process shall sustain by the reason of the
non-appearance of the said witness or witnesses; the said several
sums to be recovered by the party so grieved against the offender or
offenders, by action of debt, § plaint or information, in any of the
courts of record.
SEC. 22. That every person that shall be duly served with process After process .
to appear at court as a witness to testify in any matter or thing there served, on default,
depending, and shall not keep his day of appearance, but make ºf Y:
default, shall be fined by the justices of the [provincial] court one jº (; ...
thousand pounds of tobacco [816.66%); and every person that shall ment; being pres-
be duly served with process to appear in any of the county courts of ent and refusing
this province as a witness to testify in any matter or thing there 9 testify may be
depending, and shall not keep his day of appearance, but shallmake * *
default, shall be fined by the justices of the county court where such Md. act 1715, ch.
default shall happen, the sum of 500 pounds of tobacco [$8.33}]; 37; see: ;
both which fines shall be to his majesty, his heirs and successors, #º
for the support of the government of this province;] and the persons 3 lºve
that shall be summoned as evidences, and shall make default as afore-
said, shall [not only be liable to the fines aforesaid, but shall also] be
liable to answer the party for whom he shall be summoned, in an
action upon the case, for the damages sustained for want of his appear-
ance to testify according to such summons, [and shall be held to special
bail on such action,] and be liable to a conviction thereon for all
damages that shall be sustained by such party for want of such evi-
dence, and shall also be liable on such default, at the request of the
arty for whom such evidence shall have been summoned, to have
#. her or their body or bodies attached by process out of the court
to which they were summoned, which such court is hereby author-
ized and required to award accordingly, by virtue of which process
ºr the continuances of causes after the issuing of such commissions, see Nov., 1787, ch.9, and 1794,
Ch. 6.
1798, ch. 71, enacted into a permanent law.
See secs. Nos. 863, to 879, R. S. U.S. Ed. 1878, as to depositions de bene esse, under dedimus potestatem
and in perpetuaºm. ' ' ' , .
+Witnesses testimony may be procured under foreign commission or letters rogatory. See sec. 875,
R, S, U, S, Sup, R. S., 266, Feb. 27, 1877, 19 Stat., 240.
570 CHAPTER LXXI.—WITNESSES.
the sheriff [marshall, shall be obliged to have the body of such evi-
dence at the court where such writ shall be returned to, and shall
oblige their attendance at the same court; and in case any witness
summoned or attached, who, being present, shall refuse or delay to
give his evidence, such, witness shall be committed to jail, there t
remain till he shall willingly do the same.*
Penalty on wit: SEC. 23. In all cases in which, witnesses shall be summoned to
. ºglecting * appear at the general court, and shall, without sufficient, excuse,
arena. neglect to appear, the general court may fine every such delinquent
Md. act 1782, ch, not exceeding thirty-five pounds current money [š93.33%].4
40,sec. 1. 1 Dorsey, 179. 1 Kilty,621.
COMMISSIONS FOR TAKING TESTIMONY IN CRIMINAL CASES.
tº: º SEC. 24. Any defendant in a criminal case, either after preliminary
... " examination, indictment, or information, may examine witnesses on
commission in the manner prescribed by the thirteen succeeding
sº 881, R. S. sections. 8
Mar. 3, 1865. 18Stat., 528, ch. 106.
Wh9 may be SEC, 25. A defendant wishing to take the deposition of a witness
* * residing more than one hundred miles from the city of Washington
Sec. 882, R. S. may select any of the following Officers as a commissioner to take
D.C. such deposition, either by the name of office of such officer, or
Ibid. by his individual name and official style: -
| First. The clerk or judge of any court of record.
Second. Any notary public.
Third. Any consul of the United States.
What commis- SEC. 26. The name of the court of which such constituted com-
*** missioner is clerk or judge and the name of the State and county, or
Sec. 888, R. S. if without the United States the name of the State and town, or city,
D. C. in which such notary or consul resides must be stated in the notice
and in the commission.
Notice to district SEC. 27. Five days’ notice must be given by a defendant, or his
attorney. attorney, of the time when a commission will be sued out of the
Sec. 884, R. S. office of the clerk of the Supreme court of the District for taking the
P;§ sec. 3 deposition of a witness.
ti Contents of no SEC. 28. The notice must give the name of the witness and be
1Cé accompanied with a copy of the interrogatories to be asked such
sº 885, R. S. witness.
Service of notice SEC. 29. The notice and copy of interrogatories may be served and
and copy. returned in the same manner and by the same officers or persons as
Sec. 886, R.T.s. provided for the service and return of a summons or subpoena in
. C. civil actions within the District.
Cross-interroga- SEC. 30. At or before the time fixed in the notice, the district attor-
tories. mey may file Cross-interrogatories; but if he fail to so do, the clerk
Sec. SS7, R. S. shall file the following:
. C. First. Are all your statements in the foregoing answers made from
|biº; Sec. 4, pp. your personal knowledge; and if not, do your answers show what
528, 529. are made from your personal knowledge and what from information,
and the source of that information? If not, now show what is from
information, and give its source.
*The words in brackets repealed by Md. act 1782, ch. 40, sec. 1. See next section,
1. ; lºgºs against witnesses failing. to testify before either house of Congress, see sec. 104,
} } +-vº -> * • *- :
5
Chapter Lxxi-WITNESSES. • . 57.1
Second. State everything you know concerning this case favorable
to either the Government or the defendant. -
SEC. 31. The commission shall issue in the name of the Supreme Commission.
court, and under its seal, and must be signed by the clerk and need Ts... ss. Es
contain nothing but the authority conferred upon the commissioner D. & “” ”
and instructions to guide him, a statement of the cause in which the
testimony is to be used, and a copy of all the interrogatories filed
appended. -
SEC. 32. The person before whom any of the depositions are taken Duties of com-
must cause the interrogatories appended to the commission to be missioner.
written out, and the answers thereto to be inserted immediately Sec. 889, R.T.s.
underneath the respective questions; the whole, when completed, D.C. 3
being read over by or to the witness, must be by him subscribed and
sworn to in the usual manner.
SEC. 33. All exhibits produced before the person taking the depo- Exhibits.
sition, or proved or referred to by any witness, or correct copies Sec. 890, R. S
thereof, must be appended to the depositions, and returned with D* * * *
them, unless sufficient reasons be shown for not SO doing.
SEC. 34. The person taking the deposition shall attach his certifi- Certificate and
cate thereto, stating that it was subscribed and sworn to by the return. - -
deponent at the time and place therein mentioned. The whole, TSec. 891, R.T.S.
including the commission and interrogatories, must then be sealed D. C. }
up and returned to the clerk of the supreme court of the District, by
mail, unless the defendant and the district attorney agree upon SOme
other mode; and, when received by the clerk, he shall open the
package and place the deposition on file in his office.
SEC. 35. Unimportant deviations from any of the directions con- Deviations.
tained in the preceding sections shall not cause the deposition to be Ts. So, E.T.s
excluded where no substantial prejudice could be wrought to the D." "" " ' "
Government by such deviation.
SEC. 36. The court may establish further rules for taking deposi- Court may es-
tions and all other acts connected there with, subject to the regula- tablish further
tions contained in the thirteen preceding sections. * rules.
- Sec. 893, R. S.
D. C.
*For proof of wills by commissions, see “Wills,” ante.
Witnesses before $º and fire department trial boards; how procured; false swearing, bow pun-
ished; 27 Stat. L., ch.65, p.28, May 11, 1892.
APPENDIX.
573
TA B L E O F C O N T E N T S.
* Page.
. The Constitution of the United States. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .". . . . . . . . 5º
. The Declaration of Independence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 633–635
. The charter of Maryland . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 636–643
. The declaration of rights of Maryland. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 643–647
. The act of Congress establishing the temporary and permanent seat of government of the
United States. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 647–648
. Amendment to foregoing act . . . . . . . . . . . is e a e e º sº e = * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * e s e e s s = e º ºs 648
. Proclamation by the President January 24, 1791. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 649–650
. Proclamation by the President March 30, 1791. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (350–651
. Act of cession by the State of Virginia of a portion of the territory. . . . . . . . . . . . . . . . . . . . . . . . 651
. An act to retrocede the county of Alexandria, in the District of Columbia, to the State of
Virginia. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 652–653
. Maryland act to cede the ten mile Square for the seat of government. . . . . . . . . . . . . . . . s & sº º is g º 653
. Maryland act concerning the territory of Columbia and city of Washington. . . . . . . . . . . . . . 654–659
. Supplement to act concerning the territory of Columbia and city of Washington . . . . . . . . . 659
. Further supplemental act to the act concerning the territory of Columbia and the city of
Washington . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 660
APPENDIX
TO rur
COMPILED LAWS OF THE DISTRICT OF COLUMBIA.
CONSTITUTION OF THE UNITED STATES 1787.*
WE THE PEOPLE of the United States, in Order to form a more per- Chisholm vs.
fect Union, establish Justice, insure domestic Tranquility, provide Georgia, 2 Dall.,
for the common defence, promote the general Welfare, and secure §:
the Blessings of Liberty to ourselves and our Posterity, do ordain ; **ś
and establish this CONSTITUTION for the United States of America. º.º. c. j. “.
Maryland, 12Wh., 419; Barron vs. The Mayor and City Council of Baltimore, 7 Pet.,
243; Lane County vs. Oregon, 7 Wall.., 71; Texas vs. White et al, 7 Wall.., 700.
ARTICLE I.
SECTION 1. All legislative Powers herein granted shall be vested Hayburn's case
in a Congress of the United States, which shall consist of a Senate º, 2 Dall.,
and House of Representatives.
SECTION 2. ‘The House of Representatives shall be composed of
Members chosen every second Year by the People of the several
States, and the Electors in each State shall have the Qualifications
requisite for Electors of the most numerous Branch of the State
Legislature.
*No Person shall be a Representative who shall not have attained
to the Age of twenty-five Years, and been seven Years a Citizen of
the United States, and who shall not, when elected, be an Inhabitant
of that State in which he shall be chosen.
* In May, 1785, a committee of Congress made a report recommending an alteration in the Articles
of Confederation, but no action was taken on it, and it was left to the State Legislatures to proceed in
the matter. In January, 1786, the Legislature of Virginia passed a resolution providing for the
appointment of five commissioners, who, or any three of them, should meet Such commissioners as
might be appointed in the other States of the Union, at a time and place to be agreed upon, to take
into consideration the trade of the United States; to consider how far a unifornl System in their com-
mercial regulations may be necessary to their common interest and their permanent harmony; and
to report to the several States such an act, relative to this great object, as, when ratified by them,
will enable the United States in Congress effectually to provide for the same. The Virginia commis:
sioners, after some correspondence, fixed the first Monday in September as the time, and the city of
Annapolis as the place for the meeting, but only four other States were represented, viz: Delaware,
New York, New Jersey, and Pennsylvania; the commissioners appointed by Massachusetts, New
Hampshire, North Carolina, and Rhode Island, failed to attend. Under the circumstances of so par-
tial a representation, the commissioners present agreed upon a report, (drawn by Mr. Hamilton, of
New York.) expressing their unanimous conviction that it might essentially tend to advance the inter-
ests of the Union if the States by which they were respectively delegated would concur, and use their
endeavors to procure the concurrence of the other States, in the appointment of commissioners to
meet at Philadelphia on the second Monday of May following, to take into consideration the situation
of the United States; to devise such further provisions as should appear to them necessary to render
the Constitution of the Federal Government adequate to the exigencies of the Union; and to report
such an act for that purpose to the United States in Congress assembled as, when agreed to by them
and afterwards confirmed by the Legislatures of every State, would effectually provide for the same
Congress, on the 21st of February, 1787, adopted a resolution in favor of a convention, and the Legis-
latures of those States which had not already done so (with the exception of Rhode Island) promptly
appointed delegates. On the 25th of May, seven States having convened, George Washington, of Vir-
ginia, was unanimously elected President, and the consideration of the proposed constitution was
commenced. ... On the 17th of September, 1787, the Constitution as engrossed and agreed upon was
Signed by all the members present; except Mr. Gerry, of Massachusetts, and Messrs. Mason and Ran-
dolph, of Virginia. The president of the convention transmitted it to Congress, with a resolution
5
7
f
t
37 C S
578
APPENDIX.
Veazie Bank vs.
Fenno, 8 Wall.,
533; Scholey vs.
Rew, 23 Wall. 331.
**[Representatives and direct Taxes shall be apportioned among
the several States which may be included within this Union, accord-
ing to their respective Numbers, which shall be determined by adding
to the whole Number of free Persons, including those bound to Serv-
ice for a Term of Years, and excluding Indians not taxed, three
fifths of all other Persons.] The actual Enumeration shall be made
within three Years after the First Meeting of the Congress of the
United States, and within every subsequent Term of ten Years, in
such Manner as they shall by Law direct. The Number of Repre-
sentatives shall not exceed one for every thirty Thousand, but each
State shall have at Least One Representative; and until such enumer-
ation shall be made, the State of New Hampshire shall be entitled
to chuse three, Massachusetts eight, Rhode-Island and Providence
Plantations one, Connecticut five, New-York six, New Jersey four,
Pennsylvania eight, Delaware one, Maryland six, Virginia ten,
North Carolina five, South Carolina five, and Georgia three. -
*When Vacancies happen in the Representation from any State,
the Executive Authority thereof shall issue Writs of Election to fill
such Vacancies. - - -
*The House of Representatives shall chuse their Speaker and
other Officers; and shall have the sole Power of Impeachment.
SECTION 3. The Senate of the United States shall be composed of
two Senators from each State, chosen by the Legislature thereof, for
Six Years; and each Senator shall have one Vote. tº
*Immediately after they shall be assembled in Consequence of the
first Election, they shall be divided as equally as may be into three
Classes. The Seats of the Senators of the first Class shall be vacated
at the Expiration of the second Year, of the second Class at the Expi-
ration of the fourth Year, and of the third Class at the Expiration of
the sixth Year, so that one-third may be chosen every second Year ;
and if Vacancies happen by Resignation, or otherwise, during the
Recess of the Legislature of any State, the Executive thereof may
make temporary Appointments until the next Meeting of the Legis-
lature, which shall then fill such Vacancies. -- ---
* No Person shall be a Senator who shall not have attained to the
age of thirty Years, and been nine Years a Citizen of the United
States, and who shall not, when elected, be an Inhabitant of that.
State for which he shall be chosen. - t * , -
"The Vice President of the United States shall be President of the
Senate, but shall have no Vote, unless they be equally divided.
*The Senate shall chuse their other Officers, and also a President
pro tempore, in the Absence of the Vice-President, or when he shall.
exercise the Office of President of the United States. •.
* The Senate shall have the sole Power to try all Impeachments.
When sitting for that Purpose, they shall be on Oath or Affirmation.
When the President of the United States is tried, the Chief Justice
shall preside: And no Person shall be convicted without the Concur-
rence of two thirds of the Members present. -
Stating how the proposed Federal Government should be put in operation, and an explanatory letter.
Congress, on the 28th of September, 1787, directed the Constitution so framed, with the resolutions
and letter concerning the same, to “be transmitted to the several Legislatures in order to be sub-
mitted to a convention of delegates chosen in each State by the people thereof, in conformity to the
resolves of the convention.” -
On the 4th of March, 1789, the day which had been fixed for commencing the operations of Govern-
ment under the new Constitution, it had been ratified by the conventions chosen in each State to con-
sider it, as follows: Delaware, December 7, 1787 ; Pennsylvania, December 12, 1787; New Jersey, .
December 18, 1787; Georgia, January 2, 1788; Connecticut, January 9, 1788; Massachusetts, February
6, 1788; Maryland, April 28, 1788; South Carolina, May 23, 1788; New Hampshire, June 21, 1788; Vir-
ginia, June 26, 1788; and New York, J Ily 26, 1788.
The President informed Congress, on the 28th of January, 1790, that North Carolina ha dratified the
Constitution November 21, 1789; and he informed Congress on the 1st of June, 1790, that Rhode Island
had ratified the Constitution May 29, 1789. Vermont, in convention, ratified the Constitution January
10, 1791, and was, by an act of Congress approved February 18, 1791, “received and admitted into this
Union as a new and entire member of the United States.”
*The clause included in brackets is amended by the 14th amendment, 2d section, p. 594,
APPENDIX. - 579,
" Judgment in Cases of Impeachment shall not extend further than
to removal from Office, and disqualification to hold and enjoy any
Office of honor, Trust or Profit under the United States : but the
Party convicted shall nevertheless be liable and subject to Indict-
ment, Trial, Judgment and Punishment, according to Law.
SECTION 4. 'The Times, Places and Manner of holding Elections Eo parts, sie-
for Senators and Representatives, shall be prescribed in each State bold,100 U.S., 371;
by the Legislature #: but the Congress may at any time by Ea'parte Yarbor-
Law make or alter such Regulations, except as to the Places of ºn 119 U.S.,
chusing Senators. : . - .
*The Congress shall assemble at least once in every Year, and such
Meeting shall be on the first Monday in December, unless they shall
by Law appoint a different Day.
SECTION. 5. "Each House shall be the Judge of the Elections,
Returns and Qualifications of its own members, and a Majority of
each shall constitute a Quorum to do Business; but a smaller Number
may adjourn from day to day, and may be authorized to compel the
Attendance of absent Members, in such Manner, and under such
Penalties as each House may provide. - - -
*Each House may determine the Rules of its Proceedings, punish pº sº
its Members for disorderly Behaviour, and, with the Concurrence Kiii., § 1. ...’
of two thirds, expel a Member. . - Thompson, 103 U.
*Each House shall keep a Journal of its Proceedings, and from S., 168,
time to time publish the same, excepting such Parts as may in their
Judgment require Secrecy; and the Yeas and Nays of the members of
either House on any question shall, at the Desire of one fifth of those
Present, be entered on the Journal. -
“Neither House, during the Session of Congress, shall, without the
Consent of the other, adjourn for more than three days, nor to any
other Place than that in which the two Houses shall be sitting.
SECTION. 6. The Senators and Representatives shall receive a Com- Coxevs. M'Clen-
pensation for their Services, to be ascertained by Law, and paid out ºhan, 8 Dall.
of the Treasury of the United States. They shall in all Cases, except 478.
Treason, Felony and Breach of the Peace, be privileged from Arrest
during their Attendance at the Session of their respective Houses,
and in going to and returning from the same ; and for any Speech
º Debate in either House, they shall not be questioned in any other
Place. -
*No Senator or Representative shall, during the Time for which he
was elected, be appointed to any civil Office under the Authority of
the United States, which shall have been created, or the Emoluments
whereof shall have been encreased during such time ; and no Person
holding any Office under the United States, shall be a Member of
either House during his Continuance in Office. .
SECTION. 7. "All Bills for raising Revenue shall originate in the
House of Representatives; but the Senate may propose or concur
with Amendments as on other Bills.
*Every Bill which shall have passed the House of Representatives
and the Senate, shall, before it become a Law, be presented to the
President of the United States; If he approve he shall sign it, but if
not he shall return it, with his Objections to that House in which it
shall have originated, who shall enter the Objections at large on their
Journal, and proceed to reconsider it. If after such Reconsideration
two-thirds of that House shall agree to pass the Bill, it shall be sent,
together with the Objections, to the other House, by which it shall
likewise be reconsidered, and if approved by two-thirds of that House,
it shall become a Law. But in all such Cases the Votes of both
Houses shall be determined by Yeas and Nays, and the Names of
580 APPENDIX.
the Persons voting for and against the Bill shall be entered on the
Journal of each House respectively. If any Bill shall not be returned
by the President within ten Days (Sundays excepted) after it shall
have been presented to him, the Same shall be a Law, in like Man-
ner as if he had signed it, unless the Congress by their Adjournment
f prevent its Return, in which Case it shall not be a Law.
*Every Order, Resolution, or Vote to which the Concurrence of the
Senate and House of Representatives may be necessary (except on
a question of Adjournment) shall be presented to the President of
- the United States; and before the Same shall take Effect, shall be
\ approved by him, or being disapproved by him, shall be repassed by ,
two thirds of the Senate and House of Representatives, according to
the Rules and Limitations prescribed in the Case of a Bill.
Hyl tº n vs. SECTION. 8. The Congress shall have Power "To lay and collect
Hº!, sº Taxes, Dutiès, Imposts and Excises, to pay the Debts and provide for
i. s."... the common Defence and general Welfare of the United States; but
Maryland, 4 whi. all Duties, Imposts and Excises, shall be uniform throughout the
316; Lough borº United States :
Ough vs. Blake, 5 *
Wh., 817; Osborn vs. Bank of the United States, 9 Wh.,738; Weston et al. vs. City
Council of Charleston, 2 Pet.,449; Dobbins vs. The Commissioners of Erie County,
16 Pet,485; License Cases, 5 How., 504; Cooley vs. Board of Wardens of Port of
Philadelphia et al., 12 How.,299; McGuire vs.The Commonwealth, 3 Wall., 387:
Van Allen vs. The Assessors, 3 Wall., 573; Bradley vs. The People, 4 Wall, 459.
License Tax Cases, 5 Wall., 462; Pervear vs. The Commonwealth, 5 Wall., 475:
Woodruff vs. Parham, 8 Wall., 123; Hinson vs. Lott, 8 Wall., 148; Veazie Bank vs. *
Fenno;8 Wall., 533; The Collector vs. Day, 11 Wall., 113; United States vs. Singer,
15 Wall, 111; State tax on foreign-held bonds, 15 Wall., 300; United States vs.
Railroad Company, 17 Wall., 322; Railroad Company vs. Peniston, 18 Wall., 5;
Scholey vs. Rew, 23 Wall., 331; Springer vs. United States, 102 U. S., 586; Legal
Tender case, 110 U.S., 421.
McCulloch vs. *To borrow Money on the credit of the United States :
The State of Mary- -
land, 4 Wh., 316; Weston et al. vs. The City Council of Charleston, 2 Pet., 449;
Bank of Commerce vs. New York City, 2 Black, 620; Bank Tax Cases, 2 Wall., 200;
The Banks vs. The Mayor, 7 Wall., 16; Bank vs. Supervisors, 7 Wall., 26; Hepburn
ws. Griswold, 8 Wall., 603; National Bank vs. Commonwealth, 9 Wall., 353: Parker
vs. Davis, 12 Wall., 457; Legal Tender case, 110 U.S., 421.
Gibbons.ºs. Og. *To regulate Commerce with foreign Nations, and among the sev-
*...* Wº; 3 eral States, and with the Indian Tribes;
Brown et al. vs. >
State of Maryland, 12 Wh,,419 ; Wilson et al. vs. Black Bird Creek Marsh Company,
2 Pet., 245; Worcester vs. The State of Georgia, 6 Pet., 515; City of New York vs.
Miln, 11 Pet., 102; United States vs. Coombs, 12 Pet., 72; Eiolmes vs. Jennison et al.,
14 Pet., 540 ; License Cases, 5 How. , 504; Passenger Cases, 7 How., 283 ; Nathan vs.
Louisiana, 8 How., 73 ; Mager vs. Grima et al., 8 How.,490; United States vs. Mari-
gold, 9 How., 560; Cowley vs. Board of Wardens of Port of Philadelphia, 12 How.,
299; The Propeller Genesee Chief et al. vs. Fitzhugh et al., 12 How., 443; State of
Pennsylvania vs. The Wheeling Bridge Company, 13 How., 518; Veazie et al. vs.
Moor, 14 How. , 568; Smith vs. State of Maryland, 18 How., 71; State of Pennsyl-
vania vs. The Wheeling and Belmont Bridge Company et al., 18 How.,421; Sinnitt
vs. Davenport, 22 How., 227; Foster et al. vs. Davenport et al., 22 How. , 244; Con-
way et al. vs. Taylor's ex., 1 Black, 603; United States vs. Holliday, 3 Wall., 407;
Gilman vs. Philadelphia, 3 Wall.., 713; The Passaic Bridges, 3 Wall. , 782 ; Steamship
Company vs. Port Wardens, 6 Wall., 31; Crandall vs. State of Nevada, 6 Wall., 35;
White's Bank vs. Smith, 7 Wall., 646; Waring vs. The Mayor, 8 Wall., 110; Paul vs.
Virginia, 8 Wall., 168; Thomson vs. Pacific Railroad, 9 Wall., 579; Downham et al.
vs. Alexandria Council, 10 Wall., 173; The Clinton Bridge, 10 Wall., 454; The Daniel
Ball, 10 Wall., 557; Liverpool Insurance Company vs. Massachusetts, 10 Wall., 566;
The Montello, 11 Wall., 411; Eac parte McNiel, 13, Wall., 236; State freight-tax, 15
Wall., 232; State tax on railway gross receipts, 11, Wall., 284; Osborn vs. Mobile, 16
Wall., 479; Railroad Company vs. Fuller, 17 Wall., 560; Bartemeyer vs. Iowa, 18
Wall., 129; The Delaware railroad tax, 18 Wall., 206; Peete vs. Morgan, 19 Wall.,
581; Railroad Company vs. Richmond, 19 Wall. 1584: Railroad Company vs. Mary-
land, 21 Wall., 456; The Lottawanna, 21 Wall., 558; Henderson et al. vs. The Mayor
of the City of New York,92 U. S., 259; Chy Lung vs. Freeman et al., 92 U.S., 275;
South Carolina vs. Georgia et al., 93 U.S., 4; Sherlock et al. vs. Alling, adm., 93 U.
S., 99; United States vs. Forty-three Gallons of Whisky, etc., 93 U.S., 188; Foster
vs. Master and Wardens of the Port of New Orleans, 94 U. S., 246 ; Railroad Co. vs.
Husen,95 U.S.,465; Pensacola Tel. Co. vs. W. U. Tel. Co., 96 U.S., 1; Beer Co. vs.
APPENDIX. 2 581
Massachusetts, 97 U.S., 25; Cook vs. Pennsylvania, 97 U.S., 566; Packet Co. vs. St.
Louis, 100 U.S., 423; Wilson vs. McNamee, 102 U.S., 572; Moran vs. New Orleans,
112 U.S., 69; Head Money Cases, 112 U.S., 580; Cooper Mfg. Co. vs. Ferguson, 113
U. S., 727; Gloucester Ferry Co. vs. Pennsylvania, 114 U.S., 196; Brown vs. Hous-
ton, 114 U.S., 622; Walling vs. Michigan, 116 U.S., 446; Pickard vs. Pullman South-
ern Car Co., 117 U.S., 31; Tennessee vs. Pullman Southern Car Co., 117 U.S., 5.1;
Spraigue vs. Thompson, 118 U.S., 90; Morgan vs. Louisiana, 118 U.S.,455; Wabash,
St. Louis and Pacific Ry. vs. Illinois, 118 U.S., 557; Huse vs. Glover, 119 U.S., 543:
Robbins vs. Shelby Co. Taxing Dist., 120 U.S., 489: Corson vs. Maryland, 120 U.S.,
502; Barron vs. Burnside, 121 U. S., 186; Fargo vs. Michigan, 121 U.S., 230; Oua-
chita Packet Co. vs. Aiken, 121 U.S., 444; Phila. and Southern S. S. Co. vs. Penna.,
122 U.S., 326; W.U. Tel. Co. vs. Pendleton, 122 U.S., 347.
*To establish an uniform Rule of Naturalization,' and uniforn, 2.8 tº ges, º,
Laws on the subject of Bankruptcies throughout the United States;” Ǻwning hiº
Millan vs. McNeil, 4 Wh., 209; * Farmers' and Mechanics' Bank, Pennsylvania vs.
i Smith, 6 Wh., 131; *Ogden vs. Saunders, 12 Wh., 213; *Hoole vs. Zacharie and Tur-
ner, 6 Pet., 348; Gassies vs. Ballon, 6 Pet., 761; *Beers et al. vs. Haughton, 9 Pet.,
329; 2 Suydam et al. vs. Broadnax, 14 Pet., 67; * Cook vs. Moffat et al., 5 How. , 295:
Dred Scott vs. Sanford, 19 How. , 393.
*To coin Money, regulate the Value thereof, and of foreign Coin, ., Briscºe, vs. The
- r! ºn *** ºr e * º gº º Bank of the Com-
and fix the Standard of Weights and Measures; monwealth of .
- Rentucky, 11 Pet., 257; Fox vs. The State of Ohio, 5 How., 410; United States vs.
Marigold, 9 How., 560. w
*To provide for the Punishment of counterfeiting the Securities Fº: º
and current Coin of the United States; º sº
: vs. Marigold, 9 How., 560.
"To establish Post Offices and Post Roads; State of Pennsyl-
vania vs. The Wheeling and Belmont Bridge Company, 18 How.,421.
*To promote the Progress of Science and useful Arts, by securing e Grant ºf glºº.
for limited Times to Authors and Inventors the exclusive Right to ſº.º.º.
tº e tº 8 º . c. & 218: Wheaton et al.
their respective Writings and Discoveries; vs. Peters et al., 8
Pet., 591; Trade-mark cases, 100 U. S., 82.
*To constitute Tribunals inferior to the supreme Court;
”To define and punish Piracies and Felonies committed on the United Statests.
high Seas, and Offenses against the Law of Nations; º * sº
vs. Wiltberger, 5 Wh., 76; United States vs. Smith, 5 Wh., 153; United States vs.
Pirates, 5 Wh., 184; United States vs. Arizona, 120 U.S., 479.
*To declare War, grant Letters of Marque and Reprisal, and make Brown vs. United
Rules concerning Captures on Land and Water ; º 8 Crº 110 ;
* - - merican Insur-
ance Company et al. vs. Canter (356 bales cottom), 1 Pet., 511; Mrs. Alexander's cot-
ton, 2 Wall.,404; Miller vs. United States, 11 Wall., 268; Tyler vs. Defrees, 11 Wall.,
331; Stewart vs. Kahn, 11 Wall., 493; Hamilton vs. Dillin, 21 Wall.., 73; Lamar, ex. ,
vs. Browne et al., 92 U.S., 187.
*To raise and support Armies, but no Appropriation of Money to Crandall ºstate
that Use shall be for a longer Term than Two Years : § Nevada,6 Wall.,
*To provide and maintain a Navy: United States vs.
Bevans, 3 Wh., 336; Dynes vs. Hoover, 20 How. , 68.
*To make Rules for the Government and Regulation of the land
and naval Forces ;
*To provide for calling forth the Militia to execute the Laws of ,. Houston, v3.
the Union, suppress Insurrections and repel Invasions; #: º:
12 Wh., 19; Luther vs. Borden, 7 How., 1; Crandall vs. State of Nevada, 6'wali. 35.
Texas vs. White, 7 Wall.,700.
"To provide for Organizing, arming, and disciplining, the Militia, . Houstºn "3.
and for governing such Part of them as may be employed in the Mº. Yºº j
* º . e & Martin vs. Mott, 12
Service of the United States, reserving to the States respectively, the . º (U.S.
Appointment of the Officers, and the Authority of training the Borden,7How, i.
Militia according to the discipline prescribed by Congress;
582 - APPENDIX.
* Mackey Rep., " To exercise exclusive Legislation in all Cases whatsoever, OVer
sº sº such District (not exceeding ten Miles sº. may, by Cession
ºt. M. of particular States, and the acceptance of Congress, become the
ey's Rep., iii, Seat of the Government of the United States, and to exercise like
Roach vs. Van Rig Authority over all Places purchased by the Consent of the Legisla-
. sº &c.; fure of the State in, which the same shall be, for the Erection of
...’, ¥. Forts, Magazines, Arsenals, dock-Yards, and other needful Build-
ey Rep., 327, Ings ;—And s . . -
United States vs. - &
Crawford; 1 Torsey's laws of Md., p.269. . . . . . * : * . .
Hepburn et al. vs. Ellzey, 2 Cr.,444; Loughborough vs. Blake, 5 Wh., 317; Cohens. . . . .
vs. Virginia, 6 Wh., 264; American Insurance Company vs. Canter (356 bales cottom),
1 Pet., 511; Kendall, Postmaster-General vs. The United States, 12 Pet., 524; United
States vs. Dewitt, 9 Wall., 41; Dunphy vs. KleinSmith et al., 11 Wall., 610; Willard
vs. Presbury, 14, Wall.,676; Phillips vs. Payne, 92 U.S., 130; United States vs. Fox,
94 U. S., 315; National Bank vs. Yankton County, 101 U.S., 129; Ft. Leavenworth
R. Rd, Co. vs. Howe, 114 U.S., 525. - * * ,
Mg,Culloch vs. "To make all Laws which shall be necessary and proper for car-
The Stätºf Mºy, rying into Execution the foregoing Powers, and all other Powers
º º vested by this Constitution in the Government of the United States,
sºuth... i0 wi. or in any Department or Officer thereof.
1; Bank of United - - - - -
States vs. Halstead, 10. Wh., 51; Hepburn vs. Griswold, 8 Wall., 603; National Bank
vs. Commonwealth, 9 Wall., 353; Thomson vs. Pacific Railroad, 9 Wall, 579; Parker
vs. Davis, 12 Wall., 457; Railroad Company vs. Johnson, 15 Wall., 195; Railroad
Company vs. Peniston, 18 Wall., 5; Legal Tender Case, 110 U. S., 421.
Dred, Scotſ vs. SECTION. 9. "The Migration or Importation of such Persons as any
sºford, 19 Flow of the States now existing shall think proper to admit, shall not be
ex * > * prohibited by the Congress prior to the Year one thousand eight
hundred and eight, but a Tax or duty may be imposed on such Impor-
tation, not exceeding ten dollars for each Person.
United States “The Privilege of the Writ of Habeas Corpus shall not be sus-
#nº; 3 pended, unless when in Cases of Rebellion or Invasion the public
all., 17; Hepburn av require it. . . . . . . . r *
et al. vs. Ellzey, 2 Safety may require it, -
Cr., 445; Ex parte Bollman and Swartwout, 4 Cr.,75; Ea; parte Kearney, 7 Wh., 38;
Ec parte Tobias Watkins, 3 Pet., 192; Ea; parte Milburn, 9 Pet., 704; Holmes vs.
Jennison et al., 14 Pet., 540 ; Ex parte Dorr, 3 How., 103; Luther vs. Borden, 7
How., 1; Ableman vs. Booth and United States vs. Booth, 21. How. , 506: Eac parte
Vallandigham, 1 Wall., 243; Ea; parte Mulligan, 4 Wall., 2; Ea; parte McCardle, 7
Wall., 506; Ex parte Yerger, 8 Wall.., 85; Tarble's Case, 13 Wall., 397; Ea: parte
Lange, 18 Wall., 164; Eac parte Parks, 93 U. S., 18; Eac parte Karstendick, 93 U. S.,
396; Ex parte Virginia, 100 U. S., 339. - -
|
º: * No Bill of Attainder or ex post facto Law shall be passed.
r., 87; Ogden . -
vs. Saunders, jø Wh., 213; Watson et al. vs. Mercer, 8 Pet., 88; Carpenter et al. vs.
Commonwealth of Pennsylvania, 17 How. , 456; Locke vs. New Orleans, 4 Wall.,
172; Cummings vs. The State of Missouri, 4 Wall., 277; Ea; parte Garland, 4 Wall.,
333; Drehman vs. Stifle, 8 Wall., 595; Klinger vs. State of Missouri, 13 Wall., 257;
Pierce vs. Carskadon, 16 Wall., 234. - -
License, Tax ... "No Capitation, or other direct, tax shall belaid, unless in Propor-
*sº tion to the Census or Enumeration herein before directed to be taken.
& s ).) |. t -
TJnited States, 102 U. S., 586. -
º i. * * No Tax or Duty shall be laid on Articles exported from any State.
. ‘OI 2.I'Cl62]]S O I - - - - -
Port of Philadelphia, 12 How., 299; Page vs. Burgess, collector, 92 U. S., 372; Tur-
pin vs. Burgess, 117 U. S., 504. & - " . *
Cooley vs. Board "No Preference shall be given by any Regulation of Commerce or
r jº º; Revenue to the Ports of one State over those of another : nor shall
“Cul.. 12 tºp. 395. Vessels bound to, or from, one State, be obliged to enter, clear, or
State Of Pennsyl- pay Duties in another. * . -
vania vs. Wheel- # ---
ing and Belmont Bridge Company et al., 18 How. , 421; Munn vs. Illinois, 94 U. S.,
113: Packet Co. vs. St. Louis, 100 U. S., 413: Packet Co. vs. Catlettsburg, 105 U. S.,
.559; Morgan S. S. Co. vs. La. Board of Health, 118 U. S., 455,
APPENDIX. 583
* No Money shall be drawn from the Treasury, but in Consequence
of Appropriations made by Law ; and a regular Statement and
Account of the Receipts and Expenditures of aii public Money shall
be published from time to time. s -
*No Title of Nobility shall be granted by the United States: And
no-Person holding any Office of Profit or Trust under them, shall,
without the Consent of the Congress, accept of any persent, Emolu-
ment, Office, or Title, of any kind whatever, from any King, Prince,
or foreign State.
SECTION. 10. "No State shall enter into any Treaty, Alliance, or "Calder and wife
Confederation ; grant Letters of Marque and Reprisal; coin Money #;";
emit Bills of Credit ;' make any Thing but gold and silver Coin a . Peck ſº
Tender in Payment of Debts; pass any Bill of Attainder, ex post㺠state ºf Nº.
facto Law,” or Law impairing the Obligation of Contracts, * or grant Jersey vs. Wilson,
any Title of Nobility. 7 Cr, 164;%turgis
. - vs. Crowning-
-- shield, 4 Wh., 122; "McMillan vs. McNeil, 4 Wh.,209; 3Dartmouth College vs. Wood-
ward, 4 Wh., 518; *Owings vs. Speed, 5 Wh., 420; *Farmers and Mechanics' Bank
vs. Smith, 6 Wh., 131; *Green et al. vs. Biddle, 8 Wh., 1; 3Ogden vs. Saunders, 12Wh.,
213; *Mason vs. Haile, 12 Wh., 370; "Satterlee vs. Matthewson, 2 Pet., 380; 3Hart
vs. Lamphire, 3 Pet., 280; Craig et al. vs. State of Missouri, 4 Pet., 410; 3Provi-
dence Bank vs. Billings and Pitman, 4 Pet., 514; 'Byrne vs. State of Missouri, 8 Pet.,
40; * Watson vs. Mercer, 8 Pet., 88; *Mumma vs. Potomac Company, 8 Pet., 281;
*Beers vs. Haughton, 9 Pet., 329; "Briscoe et al. vs. The Bank of the Commonwealth
of Kentucky, 11 Pet., 257; 3The Proprietors of Charles River Bridge vs. The Pro-
prietors of Warren Bridge, 11 Pet., 420; “Armstrong vs. The Treasurer of Athens
Company, 16 Pet., 281; *Bronson vs. Kinzie et al., 1 How., 311; McCracken vs. Häy-
ward, 2 How. , 608; *Gordon vs. Appeal Tax Court, 3 How., 133; "State of Maryland
vs. Baltimore and Ohio R. R. Co., 3 How., 534; 8Neil, Moore & Co. vs. State of Ohio,
3 How.., 720; 8Cook vs. Moffatt, 5 How., 295; *Planters' Bank vs. Sharp et al., 6 How.,
301; *West River Bridge Company vs. Dix et al., 6 How., 507; 8Crawford et al. vs.
Branch Bank of Mobile, 7 How. , 279; 3Woodruff vs. Trapnall, 10 How., 190; *Paup
et al. vs. Drew; 10 How., 218; *, *Baltimore and Susquehanna R. R. Co. vs. Nesbitt
et al., 10 How. , 395; *Butler et al. vs. Pennsylvania, 10 How., 402; Darrington et
al. vs. The Bank of Alabama, 13 How., 12; *Richmond, etc., R. R. Co. vs. The
Louise R. R. Co., 13 How., 71; *Trustees for Vincennes University vs. State of
Indiana, 14 How., 268; %Curran vs. State of Arkansas et al., 15. How., 304; 3State
Bank of Ohio vs. Knoop, 16 How., 369; *Carpenter et al. vs. Commonwealth of
Pennsylvania, 17 How., 456; 3Dodge vs. Woolsey, 18 How., 331; "Beers vs. State of
Arkansas, 20 How., 527; “Aspinwall et al. vs. Commissioners of County of Daviess,
22 How., 364; *Rector of Christ Church, Philadelphia, vs. County of Philadelphia,
24 How., 300; *Howard vs. Bugbee, 24 How., 461; "Jefferson Branch Bank vs. Skel-
ley, 1 Black, 436; "Franklin Branch Bank vs. State of Ohio, 1 Black, 474; *Trustees
of the Wabash and Erie Canal Company vs. Beers, 2 Black, 448; “Gilman vs. City
of Sheboygan, 2 Black, 510; “Bridge Proprietors vs. Hoboken Company, 1 Wall.,
316; "Hawthorne vs. Calef, 2. Wall., 10; "The Binghamton Bridge, 3 Wall., 51; “The
Turnpike Company vs. The State, 3 Wall., 210; *Locke vs. City of New Orleans, 4
Wall., 172; *Railroad Company vs. Rock, 4 Wall., 177; "Cummings vs. State of Mis-
souri, 4 Wall., 277; *Eac parte Garland, 4 Wall., 333; %Von Hoffman vs. City of
Quincy, 4 Wall., 535; *Mulligan vs. Corbin, 7 Wall., 487; *Furman vs. Nichol, 8
Wall., 44; 3Home of the Friendless vs. Rouse, 8 Wall., 430; 3The Washington Uni-
versity vs. Rouse, 8 Wall., 439; 3Butz vs. City of Muscatine, 8 Wall., 575: *Drehman
ws. Stifle, 8 Wall., 595; 3Bepburn vs. Griswold, 8 Wall., 603; 3Gut vs. The State, 9
Wall., 35; *Railroad Company vs. McClure, 10 Wall., 511; *Parker. vs. Davis, 12
Wall., 457; “Curtis vs. Whiting, 13 Wall., 68; *Pennsylvania College Cases, 13 Wall..
190; "Wilmington R. R. vs. Reid, sheriff, 13 Wall, 264; "Salt Company vs. East Sag-
inaw, 13 Wall., 373; "White vs. Hart, 13 Wall., 646; “Osborn vs. Nicholsón et al., 13
Wall, 654; 3Railroad Company vs. Johnson, 15 Wall, 195; "Case of the State Tax on
foreign-held bonds, 15 Wall. , 300; 9Tomlinson vs. Jessup, 15 Wall., 454;” Tomlinson
vs. Branch, 15 Wall., 460; 3Miller vs. The State, 15 Wall., 478; *Holyoke Company
vs. Lyman, 15 Wall., 500; 3Gunn vs. Barry, 15 Wall., 610; “Humphrey vs. Pegues,
16 Wall., 244; 3Walker vs. Whitehead, 16 Wall., 314: 3Sohn vs. Waterson, 17 Wall.,
596; *Barings vs. Dabney, 19 Wall., 1; 3Head vs. The University, 19 Wall., 526:
*Pacific R. R. Co. vs. Maguire, 20 Wall., 36; 8Garrison vs. The City of New York, 21
Wall., 196; "Ochiltree vs. The Railroad Company, 21 Wall., 249; "Wilmington, etc.,
Railroad vs. King., ex., 91 U. S., 3; 3County of Moultrie vs. Rockinghala Ten-Cent
Savings Bank, 92 U. S., 631; *Home Insurance Company vs. City Council of Augusta.
93 U. S., 116; 3West Wisconsin R. R. Co. vs. Supervisors, 93 U. S., 595; Murray vs.
Charleston, 96 U. S., 432; Edwards vs. Kearzey, 96 U. S., 595: Keith vs. Clark, 97
U. S., 454: Railroad Co. vs. Georgia, 98 U. S., 359; Railroad Co. vs. Tennessee, 101
U. S., 337: Wright vs. Nagle, 101 U. S., 791: Stone vs. Mississippi, 101 U. S., 814:
584 APPENDIX.
Railroad Co. vs. Alabama, 101 U. S., 832; Louisiana vs. New Orleans, 101 U.S., 203;
Hall vs. Wisconsin, 103 U. S., 5; Pennyman's Case, 103 U. S., 714; Guaranty Co.
vs. Board of Liquidation, 105 U. S., 622; Greenwood vs. Freight Co., 105 U. S., 13;
Kring vs. Missouri, 107 U. S., 221; Louisiana vs. New Orleans, 109 U. S., 285; Gil-
fillan vs. Union Canal Co., 109 U. S., 401; Nelson vs. St. Martin's Parish, 111 U.S.,
716; Virginia Coupon Cases, 114 U. S., 270; Amy vs. Shelby Co., 114 U. S., 387;
Effinger vs. Kenney, 115 U.S., 566; N. Orleans Gas Co. vs. La. Light Co., 115 U.S.,
650; N. Orleans Water Works vs. Rivers, 115 U. S., 674; Louisville Gas Co. vs. Citi-
zens' Gas Co., 115 U. S., 683; Fisk vs. Jefferson Police Jury, 116 U. S., 131; Stone
vs. Farmers’ Loan and Trust Co., 116 U.S., 307; Stone vs. Ill. Central R. R. Co., 116
U. S., 347; Royall vs. Virginia, 116 U. S., 572; St. Tammany Water Works vs. N.
Orleans Water Works, 120 U. S., 64; Church vs. Kelsey, 121 U. S., 282; Lehigh
Water Co. vs. Easton, 121 U. S., 388: Seibert vs. Lewis, 122 U. S., 284.
McCulloch vs. *No State shall, without the Consent of the Congress, lay any im-
jº Fº or Duties on Imports or Exports, except what may be abso-
*...*.*.*, futely necessary for executing it's inspection Laws; and the net
bons vs. Ogden, 9 --~~ -e tº 8-5 ~ : .. -
Wi. i. Bºnºs. Produce of all Duties and Imposts, laid by any State on Imports or
TheState of Mary- Exports, shall be for the Use of the Treasury of the United States;
land, 12 Wh:419; and all such Laws shall be subject to the Revision and Controul of
Mager vs. Grima *** *** (*t tº
et à. 8 How,490; the Congress.
Cooley vs. Board of Wardens of Port of Philadelphia et al., 12 How. , 299; Almy vs.
State of California, 24 How., 169; License Tax Cases, 5 Wall., 462; Crandall vs.
State of Nevada,.6 Wall., 35; Waring vs. The Mayor, 8 Wall., 110; Woodluff vs.
‘Perham, 8 Wall., 123; Hinson vs. Lott, 8 Wall., 148; State Tonnage Tax Cases, 12
Wall., 204; State tax on railway gross receipts, 15 Wall., 284; Inman Steamship
Company vs. Tinker, 94 U. S., 238; Cook vs. Pennsylvania, 97 U. S., 566; Packet
Co. vs. Keokuk, 95 U.S., 80; People vs. Compagnie Général Transatlantique, 107
U. S., 59: Brown vs. Houston, 114 U. S., 622.
*No State shall, without the Consent of Congress, lay any Duty
Green vs. Biddle, of Tonnage, keep Troops, or Ships of War in time of Peace, enter
8 Whº. 1; Poole et into any Agreement or Compact with another State, or with a foreign
º º Fº Power, or engage in War, unless actually invaded, or in such inimi-
. . . s. ment Danger as will not admit of delay.
Cooley vs. Board z
of Wardens of Port of Philadelphia et al., 12 How. , 299; Peete vs. Morgan, 19
Wall., 581; Cannon vs. New Orleans, 20 Wall., 577; Inman Steamship Company vs.
Tiriker, 94 U. S., 138; Packet Co. vs. St. Louis, 100 U. S., 423; Packet Co. vs. Keo-
kuk, 95 U. S., 80; Vicksbury vs. Tobin, 100 U. S., 430 Packet Co. vs. Catlettsburg,
105 U. S., 559; Morgan Steamship Company vs. Louisiana Board of Health, 118
TJ. §§ Ouachita Packet Co. vs. Aiken, 121 U. S., 444; Huse vs. Glover, 119
U. S., 543. -
ARTICLE II.
SECTION 1. ‘The executive Power shall be vested in a President
of the United States of America. He shall hold his Office during
the Term of four Years, and, together with the Vice President,
e chosen for the same Term, be elected, as follows:
Q)S º; I.ii. , *Each State shall appoint, in such Manner, as the Legislature
ſºjº, thereof may direct, a Number of Electors, equal to the whole Num-
et al. vs. Webb,20 ber of Senators and Representatives to which the State may be
Ho W. 176; Ea, entitled in the Congress: but no Senator or Representative, or
*: sºld 100 Person holding an Office of Trust or Profit under the United States,
• J. 3 & I - shall be appointed an Elector.
[“The electors shall meet in their respective States, and vote
by ballot for two Persons, of whom one at least shall not be an
Inhabitant of the same State with themselves. And they shall
make a List of all the Persons voted for, and of the Number of
Votes for Each; which List they shall sign and certify, and
transmit sealed to the Seat of the Government of the United
States, directed to the President of the Senate. The President
of the Senate shall, in the Presence of the Senate and House of
Representatives, open all the Certificates, and the Votes shall
then be counted. The Person having the greatest Number of
Votes shall be the President, if such Number be a Majority of
the whole Number of Electors appointed; and if there be more
than one who have such Majority, and have an equal Number
of Votes, then the House of Representatives shall immediately
APPENDIX. ; - 585.
chuse by Ballot one of them for President; and if no Person
have a Majority, then from the five highest on the List the said
House shall in like Manner chuse the President. But in chusing
the President, the Votes shall be taken by States, the Represen.
tation from each State having One Vote; A quorum for this
Purpose shall consist of a Member or Members from two-thirds
of the States, and a Majority of all the States shall be necessary
to a Choice. In every Case, after the Choice of the President,
the Person having the greatest Number of Votes of the Electors
shall be the Vice President. But if there should remain two or
more who have equal Votes, the Senate shall chuse from them
by Ballot the Vice-President.”]
* clause has been superseded by the twelfth amendment, p.
objö.
*The Congress may determine the Time of chusing the Electors, _ English vs. The
and the Day on which they shall give their Votes; which Day shall Trustees of the
be the same throughout the United States. jºur-
*No Person except a natural born Citizen, or a Citizen of the * * * *
United States, at the time of the Adoption of this Constitution, shall
be eligible to the Office of President; neither shall any Person be
eligible to that Office who shall not have attained to the Age of thirty
five Years, and been fourteen Years a Resident within the United
States.
"In Case of the Removal of the President from Office, or of his
Death, Resignation, or Inability to discharge the Powers and Duties
of the said Office, the same shall devolve on the Vice President, and
the Congress may by Law provide for the Case of Removal, Death,
Resignation or Inability, both of the President and Vice President,
declaring what Officer shall then act as President, and such Officer
shall act accordingly, until the Disability be removed, or a President
shall be elected. -
*The President shall, at stated Times, receive for his Services, a
Compensation, which shall neither be encreased nor diminished
during the Period for which he shall have been elected. and he shall
not receive within that Period any other Emolument from the
United States, or any of them.
* Before he enter on the Execution of his Office, he shall take the
following Oath or Affirmation:-‘‘I do solemnly swear (or affirm)
that I will faithfully execute the Office of President of the United
States, and will to the best of my Ability, preserve, protect and
defend the Constitution of the United States.”
SECTION 2._* The President shall be Commander in Chief of the United States vs.
Army and Navy of the United States, and of the Militia of the Wilsºn,...º.
several States, when called into the actual Service of the United lºw.
States; he may require the Opinion, in writing, of the principal #.v."º E.
Officer in each of the executive Departments, upon any subject parte Garland, 4
relating to the Duties of their respective Offices, and he shall have Wall, 833; Arm-
Power to grant Reprieves and Pardons for Offenses against the ºs ºngº.
º y- § t ë 6 Wall.., 766; The
United States, except in Cases of Impeachment. & Grape Shot, 9
Wall., 129; United States vs. Padelford, 9 Wall., 542; United States vs. Klein, 13
Wall., 128; Armstrong vs. The United States, 13 Wall., 152; Pargoud vs. The United
States, 13 Wall., 156; Hamilton vs. Dillin, 21 Wall.., 73; Mechanics and Traders' Bank
vs. Union Bank, 22 Wall., 276; Lamar ex., vs. Browne et al., 92 U. S., 187; Wallach
et al., vs. Van Riswick, 92 U. S., 202.
* He shall have Power, by and with the Advice and Consent of , Ware vs. Hylton
the Senate, to make Treaties, provided two-thirds of the Senators sº sº
present concur; and he shall nominate, and by and with the Advice ...”...".
and Consent of the Senate, shall appoint Ambassadors, other public tºiled States vs.
Ministers and Consuls, Judges of the Supreme Court, and all other Kirkpatrick, 9
Officers of the United States, whose Appointments are not herein. Wh.,730; Ameri-
~ ovºvir; c, a nºn-ox rº * - ic. ſº º can Insurance
otherwise provided for, and which shall be established by Law: but Company vs. Can-
586 4 APPENDIX.
|
ter (356 bales cot- the Congress may by Law vest the Appointment of such inferior
tºn), Peºll; Officers, as they think proper, in the President alone, in the Courts
. Foster and Elam * * * - & *~ ºn ~~
vs. Neilson, 2 Pet., of Law, or in the Heads of Departments.
253; Cherokee Nation vs. State of Georgia, 5 Pet., 1; Patterson vs. Gwinn et al., 5.
Pet., 233; Worcester vs. State of Georgia, 6 Pet., 515; City of New Orleans vs. De
Armas et al., 9 Pet., 224; Holden vs. Joy, 17 Wall., 211. -
The United States "The President shall have Power to fill up all Vacancies that may
. #º: * happen during the Recess of the Senate, by granting Commissions
which shall expire at the End of the next Session.
Marbury vs. SECTION 3. He shall from time to time give to the Congress In-
Madison, 1 Cr., formation of the State of the Union, and recommend to their Consid-
#!... º.º.º.º.), eration such Measures as he shall judge necessary and expedient: he
Postmaster-G en -
... j. may, on extraordinary Occasions, convene both Houses, or either of
states, ſº pet figſ, them, and in Case of Disagreement between them, with Respect to the
Luther vs. Borden, time of Adjournment, he may adjourn them to such Time as he shall
7, Hoyº. 1; The think proper; he shall receive Ambassadors and other public Minis-
State of Mississippi Hors. t - tº ſº, & -
vs. Johnson, Pr º ters; he shall take Care that the laws be faithfully executed, and
..","Wii.; shall Commission all the Officers of the United States.
Stewart vs. Kahn, 11 Wall., 493. -
SECTION 4. The President, Vice President and all civil Officers of
the United States, shall be removed from Office on Inſpeachment for,
and Conviction of, Treason, Bribery, or other high Crimes and
Misdemeanors. -
ARTICLE III.
Cºlº ex; SECTION 1. The judicial Power of the United States, shall be vested
#1. ºšiai in one supreme Court, and in such inferior Courts as the Congress may
J. fairá, iſ C. from time to time Ordain and establish. The Judges, both of the
299; United States Supreme and inferior Courts, shall hold their Offices during good
$$. Peters, 5 Cr. Behaviour, and shall, at stated Times, receive for their Services, a
§º 2. Compensation, which shall not be diminished during their Continu-
Mºjº. Hºmº ance in Office. - -
ter’s Lessee, 1 Wh., 304; Osborn vs. United States Bank, 9 Wh., 738; Benner et al. vs.
Porter, 9 How., 235; The United States vs. Ritchie, 17 How., 525; Murray's Lessee
et al. vs. Hoboken Land and Improvement Company, 18 How., 272; Eac parte Val-
landigham, 1 Wall., 243; Ames vs. Kansas, 111 U. S., 449.
Hayburn's case SECTION 2. 'The judicial Power shall extend to all Cases, in Law
º 449; and Equity, arising under this Constitution, the Laws of the United
Chisholm, ex., vs.
ë."2 pai. States, and Treaties made, or which shall be made, under their
gla, 3 • 3 * e » e g
Hig, Glass at al. Authority;--to all Cases affecting Ambassadors, other public Min-
*s, Sloop Betsy, isters and Consuls;–to all Cases of admiralty and maritime Juris-
3. Pall. 6;, United diction;–to Controversies to which the United States shall be a
States vs. La Ven- Dº . * •cº re * . •
geance, 3 Dall., Party;-to Controversies between two or more States;–between a
297 ; Hollings - State and Citizens of another State;—between Citizens of different
worth et al. vs. States;–between Citizens of the same State claiming Lands under
Virginia, 3 Dall, Grants of different States, and between a State, or the Citizens
*...*&#... thereof, and foreign States, Citizens or Subjects.
ex., vs. Higginson, .
4 Dall., 12: Marbary vs. Madison, 1 Cr., 187; Hepburn et al. vs. Ellezley, 2 Cr., 444;
United States vs. lºoore, 3 Cr.; 159; Strawbridge et al. vs. Curtiss et al., 3 Cr., 267;
Ea: parte Bollman and Swartwout, 4 Cr., 75; Rose vs. Himely, 4 Cr., 241; Chappe-
delaine et al. vs. Dechenaux, 4 Cr., 305; Hope Insurance Company vs. Boardman et
al., 5 Cr., 57; Bank of United States vs. Devaux et al. 5 Cr., 61; Hodgson et al.
vs. Bówerbank et als., 5 Cr., 303 ; Owings vs. Norwood’s Lessee, 5 Cr., 344; Durous-
seau vs. The United States, 6 Cr., 307; United States vs. Hudson and Goodwin, 7
Cr., 32; Martin vs. Hunter, 1 Wh., 304; Colson bt al., vs. Lewis, 2 Wh., 377; United
States vs. Bevans, 3 Wh., 336; Cohens vs. Virginia, 6 Wh., 264; Eac parte Kearney,
’7 Wh., 38; Matthews.vs. Zane, 7 Wh., 164 ; Osborn vs. United States Bank, 9 Wh.,
738; United States vs. Ortega, 11 Wh., 467; American Insurance Company vs.
Canter (356 bales of cotton), 1 Pet, , 511 : Jackson vs. Twentyman, 2 Pet., 136:
APPENDIX. - 587
Cherokee Nation vs. State of Georgia, 5 Pet., 1; State of New Jersey vs. State of
New York, 5 Pet., 283; Davis vs. Packard, et al., 6 Pet., 41; United States vs.
Arredondo et al., 6 Pet. , 691; Davis vs. Packard et al., 7 Pet., 276; Breedlove et
al. vs. Nickolet et al., 7 Pet,413 ; Brown vs. Keene, 8 Pet., 112 ; Davis vs. Packard
et (tl., 8 Pet. , 312 ; City of New Orleans vs. De Armas et al., 9 Pet., 224; The State
of Rhode Island vs. The Commonwealth of Massachusetts, 12 Pet., 657; The Bank
of Augusta vs. Earle, 13 Pet., 519; The Commercial and Railroad Bank of Vicks-
burg, vs. Slocomb et al., 14 Pet., 60 ; Suydam et al. vs. Broadnax, 14 Pet., 67; Prigg
vs. The Commonwealth of Pennsylvania, 16 Pet., 539; Louisville, Cincinnati and
Charleston Railway Company vs. Letson, 2 How., 497; Cary et als. vs. Curtis, 3
How., 236 ; Warring vs. Clark, 5 How., 451; Luther vs. Borden, 7 How., 1; Shel-
don et al. vs. Sill, 8 How., 441; The Propeller Genessee Chief vs. Fitzhugh et al., 12
How., 443; Fretz et al. vs. Ball et al., 12 How., 466; Neves et al. vs. Scott et al.,
13 How..., 268; State of Pennsylvania vs. The Wheeling, etc., Bridge Company et
al., 13 How. , 518; Marshall vs. The Baltimore and Ohio R. R. Co., 16 How., 314 :
The United States vs. Guthrie, 17 How., 284; Smith vs. State of Maryland, 18 How.,
71; Jones, et al. vs. League, 18 How. , 76; Murray's Lessee et al. vs. Hoboken Land
and Improvement Company, 18 How. , 272; Hyde et al. vs. Stone, 20 How., 170;
Irvine vs. Marshall et al., 20 How. , 558; Fenn vs. ' Holmes, 21 How., 481 ; Moore-
wood et al. vs. Erequist, 23 How., 491; Commonwealth of Kentucky vs. Dennison,
governor, 24 How. 66 ; Ohio and Mississippi Railroad Company vs. Wheeler, 1
Black, 286; The Steamer Saint Lawrence, 1 Black, 522; The Propeller Commerce,
1 Black, 574; Ex parte Vallandigham, 1 Wall., 243: Eac parte Milligan, 4 Wall., 1 ;
The Moses Taylor. 4 Wall., 411; State of Mississippi vs. Johnson, President, 4 Wall.,
475; The Hine vs. Trevor, 4 Wall., 555; City of Philadelphia vs. The Collector, 5
Wall, 720; State of Georgia vs. Stanton, 6 Wall, 50: Payne vs. Hook, 7 Wall., 425;
The Alicia, 7 Wall., 571 ; Ea; parte Yerger, 8 Wall., 85; Insurance Company vs.
Dunham, 11 Wall., 1 ; Virginia vs. West Virginia, 11 Wall., 39 ; Coal Company vs.
Blatchford, 11 Wall, 172; Railway Company vs. Whitton's adm., 13 Wall., 270;
Tarble's Case, 13 Wall., 397; Blyew et al. vs. The United States, 13 Wall., 581;
Davis vs. Gray, 16 Wall., 203; Case of the Sewing Machine Companies, 18 Wall.,
353; Insurance Company vs. Morse, 20 Wall., 445; Vannevar vs. Bryant, 21 Wall.,
41 ; The Lottawanna, 21 Wall., 558; Gaines vs. Fuentes et al., 92 U. S., 10; Miller
vs. Dows, 94 U. S., 444; Doyle vs. Continental Insurance Company, 94 U. S., 535;
Tennessee vs. Davis, 100 U. S., 257; Baldwin vs. Franks, 120 U. S., 678; Barron
vs. Burnside, 121 U. S., 186; Saint Louis, Iron Mountain and Southern Railway vs.
Vickers, 122 U. S., 360. . .
...” In all-cases affecting Ambassadors, other public Ministers and Chisholm, ex;
Consuls, and those in which a State shall be Party, the Supreme Court º Georgia , 2
& º e & * - & Wic-
shall have original Jurisdiction. In all the other Cases before º **, Wº.
mentioned, the supreme Court shall have appellate Jurisdiction, both Dauchy, 3 Daii.
as to Law and Fact, with such Exceptions, and under such Regu- 321:. Marbury vs.
lations as the Congress shall make. e Madison, 1 Cr.,
137; Durousseau
et al. vs. United States, 6 Cr., 307; Martin vs. Hunter’s Lessee, 1 Wh., 304; Cohens
ºvs. Virginia, 6 'Wh., 234; Ea: parte Kearney, 7 Wh., 38; Wayman vs. Southard, 10
Wh., 1 ; Bank of the United States vs. Halstead, 10 Wh., 51 ; United States vs.
Ortega, 11 Wh. 467 ; The Cherokee Nation vs. The State of Georgia, 5 Pet., 1; Eac
parte Crane et als., 5 Pet., 189; The State of New Jersey vs. The State of New
York, 5 Pet., 283; Ea; parte Sibbald vs. United States, 12 Pet., 488; The State of
Rhode Island vs. The State of Massachusetts, 12 Pet., 657; State of Pennsylvania
vs. The Wheeling, etc., Bridge Company, 13 How., 518; in re Kaine, 14. How.,
103 ; Ableman vs. Booth and United States vs. Booth, 21 How., 506; Freeborn vs.
Smith, 2 Wall., 160; Eac parte McCardle, 6 Wall., 318; Eac parte McCardle, 7
Wall., 506; Eac parte Yerger, 8 Wall., 85; The Lucy, 8 Wall., 307; The Justices vs.
Murray, 9 Wall., 274; Pennsylvania vs. Quicksilver Company, 10 Wall., 553; Mur-
dock vs. City of Memphis, 20 Walt., 590; Börs vs. Preston, 111 U. S. 252: Ames vs.
Kansas, 111 U. S., 449. - * -
* The Trial of all Crimes, except in Cases of Impeachment, shall be Ea parte Milli-
by Jury; and such Trial shall be held in the State where the said 8am. 4 Wall. 3.
Crimes shall have been committed; but when not committed within
any State, the Trial shall be at such Place or Places as the Congress
may by Law have directed. - .
SECTION 3. ‘Treason against the United States, shall consist only in United States
levying War against them, or in adhering to their Enemies, giving tº º, º sº.
. A 3. - t & *e gents, 2 Dall., 335;
them Aid and Comfort. No Person shall be convicted of Treason ūnited States vs.
unless on the Testimony of two Witnesses to the same Overt Act, Or. Mitchell. A paii.
on Confession in open Court. - - 348; Ea; p a rite
- - - Bollman and Swartout, 4 Cr, , 75; United States vs, Aaron Burr, 4 Cr., 469.
588 - APPENDIX.
Bigelº.º. ... *The Congress shall, have Power to declare the Punishment of
§ º 9 Yº: Treason, but no Attainder of Treason shall work Corruption of Blood,
cou, 18 &ai. 156; Or Forfeiture except during the Life of the Person attainted.
Eac parte Lange, 18 Wall., 163; Wallach et al. vs. Van Riswick, 92 U. S., 202.
ARTICLE IV.
Mills ps. Dur. SECTION I. Full Faith and Credit shall be given in each State to
}:...”. “...; the public Acts, Records, and judicial Proceedings of every other
& U.P.J.J. ºs S. MC- - - tº
Hºnº. State. And the Congress may by general Laws prescribe the Man-
234 Mayhew vs. merin which such Acts, Records and Proceedings shall be proved,
Thatcher, 6 Wh., and the Effect thereof.
129 ; Darby's
Lessee vs. Mayer, 10 Wh., 465; The United States vs. Amedy, 11 Wh., 392; Cald-
well et al. vs. Carrington’s heirs, 9 Pet., 86 ; M’Elmoyle vs. Cohen, 13 Pet., 312;
The Bank of Augusta vs. Earle, 13 Pet., 519; Bank of the State of Alabama vs.
Dalton, 9 How. , 522; D’Arcy vs. Ketchum, 11 How. , 165; Christmas vs. Russell, 5
Wall, 290; Green vs. Van Buskirk, 7 Wall., 139; Paul vs. Virginia, 8 Wall., 168;
Board of Public Works vs. Columbia College, 17 Wall., 521; Thompson vs. Whit-
man, 18 Wall., 457; Bonaparte vs. Tax Court, 104 U. S., 592; Hanley vs. Donoghue,
116 U. S., 1; Renaud vs. Abbott, 116 U. S., 277; Chic. and Alton R. R. vs. Wig-
gins Ferry Co., 119 U. S., 615.
Bank of United SECTION. 2. ‘The Citizens of each State shall be entitled to all
ises ** Privileges and Immunities of Citizens in the several States.
Gassies vs. Ballou, 6 Pet., 761; The State of Rhode Island vs. The Commonwealth
of Massachusetts, 12 Pet., 657; The Bank of Augusta vs. Earle, 13 Pet., 519; Moore
vs. The People of the State of Illinois, 14. How., 13; Conner et al. vs. Elliott et al.,
18 How., 591; Dred Scott vs. Sanford, 19 How. , 393; Crandall vs. State of Nevada,
6 Wall., 35; Woodruff vs. Parham, 8 Wall., 123; Paul vs. Virginia, 8 Wall., 168;
Downham vs. Alexandria Council, 10 Wall., 173; Liverpool Insurance Company
vs. Massachusetts, 10 Wall., 566; Ward vs. Maryland, 12 Wall., 418; Slaughter-
house Cases, 16 Wall., 36 ; Bradwell vs. The State, 16 Wall., 130; Chemung Bank
vs. Lowery, 93 U. S., 72; McCready vs. Virginia, 94 U. S., 391 : Brown vs. Hous-
ton, 114 U. S., 622.
Holmes vs. Jen; *..A Person charged in any State with Treason, Felony, or other
ºn *.* o: Crime, who shall flee from Justice, and be found in another State,
... ... it "... shall on Demand of the executive Authority of the State from which
ićentuciº y cº, he fled, be delivered up, to be removed to the State having Jurisdic-
Dennison, gov - tion of the Crime. &
ernor, 24 How.,
66; Taylor vs. Tainter, 16 Wall., 366.
Prigg vs. The “No Person held to Service or Labour in One State, under the Laws
Q9mmonwealth thereof, escaping into another, shall, in Consequence of any Law or
of Pennsylvania, R º & e * fººt e *
#p.;... Regulation therein, be discharged from such Service or Labour, but
vs. Van Zandt, 5 shall be delivered up on Claim of the Party to whom such Service
How, 215; Stra- or Labour may be due.
der et al. vs. Gra- -
ham, 10 How., 82; Moore vs. The People of the State of Illinois, 14 How., 13;
Dred Scott vs. Sanford, 19 How. , 393 ; Ableman vs. Booth and United States vs.
Booth, 21 How., 506.
American In- SECTION. 3. ‘New States may be admitted by the Congress into
**.99%. Pºy this Union; but no new State shall be formed or erected within the
et Cul. vs. Canter
§§§ai. C. Jurisdiction of any other. State; nor any State be formed by the
i Pet. 511; Poí. Junction of two or more States, or Parts of States, without the Con-
lard's Lessee vs. sent of the Législatures of the States concerned as well as of the Con-
Hagan, 3 How., gress. -
212; Cross et al. * -
vs. Harrison, 16 How. , 164.
...McCulloch, vs. ... *The Congress shall have Power to dispose of and make all needful
State.9f Maryland, Rules and Regulations respecting the Territory or other Property
4 W la . , 3.16; bel * *- ~ 3 + o-," e !-- ~ * & & g
g • , , , belonging to the United States; and nothing in this Constitution
A merica. In In- S+++5 - --2, . +s ©
suince Čºpany shall be so construed as to Prejudice any Claims of the United States
vs. Canter, 1 Pet. Or of any particular State.
511 : United States .
vs. Gratiot et al., 14 Pet., 526; United States vs. Rogers, 4 How. , 567; Cross et al. vs.
Harrison, 16 How. , 164; Muckey et al. vs. Coxe, 18 How. , 100; Gibson vs. Chouteau, 13
Wall., 92; Clinton vs. Englebert, 13 Wall., 434: Beall vs. New Mexico, 16 Wall., 535.
APPENDIX, 589
SECTION. 4. The United States shall guarantee to every State in Luther vs. Bor-
this Union a Republican Form of Government, and shall protect ºn 7. Hoº.13
each of them against Invasion; and on Application of the Legisla- * White
ture, or of the Executive (when the Legislature cannot be convened) • * * ~ v -
against domestic violence.
ARTICLE V. . \
The Congress, whenever two thirds of both Houses shall deem it . t #º
mecessary, shall propose Amendments to this Constitution, or, on the i. ;Vaº l)al-
Application of the Legislatures of two thirds of the several States, " " '
shall call a Convention for proposing Amendments, which, in either
Case, shall be valid to all Intents and Purposes, as part of this Con-
stitution, when ratified by the Legislatures of three fourths of the
several States, or by Conventions in three fourths thereof, as the one
or the other Mode of Ratification may be proposed by the Congress;
Provided that no Amendment which may be made prior to the Year
One thousand eight hundred and eight shall in any Manner affect
the first and fourth Clauses in the Ninth Section of the first Article;
and that no State, without its Consent, shall be deprived of its equal
Suffrage in the Senate. .
ARTICLE VI.
"All Debts contracted and Engagements entered into, before the
Adoption of this Constitution, shall be as valid against the United
States under this Constitution, as under the Confederation. Hayburn's Cas
*This Constitution, and the Laws of the United States which shall 2 # º:
be made in Pursuance thereof; and all Treaties made, or which shall vs. Hylton; Daii.
be made, under the Authority of the United States, shall be the 199; Calder, and
supreme Law of the Land; and the Judges in every State shall be wººll ºd
bound thereby, any Thing in the Constitution or Laws of any State jº *:
to the Contrary notwithstanding. ison, yC.".
Chirac vs. Chirac, 2 Wh., 259; McCulloch vs. The State of Maryland, 4 Wh. , 316;
Society vs. New Haven, 8 Wh., 464; Gibbons vs. Ogden, 9 Wh., 1; Foster and Elam
tws. Neilson, 2 Pet., 253; Buckner vs. Finley, 2 Pet., 586; Worcester vs. State of
Georgia, 6 Pet., 515; Kennett et al. vs. Chambers, 14 How., 38; Dodge vs. Woolsey,
18 How., 331; State of New York vs. Dibble, 21 How., 366; Ableman vs. Booth and
United States vs. Booth, 21 How., 506; Sinnot vs. Davenport, 22 How., 227; Foster
vs. Davenport, 22 How., 24.4; Haver vs. Yaker, 9 Wall., 32.
*The Senators and Representatives before mentioned, and the , º, º 'º.
Members of the several State Legislatures, and all executive and land, 4 Wall., 333.
judicial Officers, both of the United States and of the several States,
shall be bound by Oath or Affirmation, to support this Constitution ;
but no religious Test shall ever be required as a qualification to any
Office or public Trust under the United States.
ARTICLE VII.
The Ratification of the Conventions of nine States, shall be sufficient
for the Establishment of this Constitution between the States SO rati-
fying the Same. -
DONE in Convention by the Unanimous Consent of the States pres-
ent the Seventeenth Day of September in the Year of Our Lord One
590 APPENDIX.
thousand seven hundred and Eighty seven and of the Independence
of the United States of America the Twelfth. In Witness whereof
We have hereunto subscribed our Names,
- GQ WASHINGTON.— .
Presidt, and Deputy from Virginia.
New Hampshire.
JOHN LANGDON, NICHOLAS GILMAN. S. *
Massachusetts.
NATHANIEL GORHAM, RUFUS KING.
Connecticwt.
WM. SAML. JOHNSON, ROGER SHERMAN.
New York.
ALEXANDER HAMILTON.
New Jersey.
WIL : LIVINGSTON, WM. PATTERSON,
DAVID BREARLEY, - JONA DAYTON.
Pennsylvania.
B. FRANKLIN, THOMAS MIFFLIN,
ROBT. MORRIS, - GEO : CLYMER,
THO : FITZSIMONS, JARED INGERSOLL,
JAMES WILSON, GOUV : MORRIS.
Delaware.
GEO : READ, GUNNING BEDFORD, Jun’r,
JOHN DICKINSON, RICHARD BASSETT.
JACO. BROOM,
Maryland.
JAMES M’HENRY, DAN : OF ST. THOS. JENIFER.
DANL CARROLL, t
Virginia. &
JOHN BLAIR, JAMES MADISON, Jr.
North Carolina.
WM. BLOUNT,
HU. WILLIAMSON, RICH'D DOBBs SPAIGHT,
- South Carolina.
J. R.UTLEDGE, CHARLES COTESWORTH PINCKNEY,
CHARLES PINCKNEY, PIERCE BUTLER.
Georgia.
WILLIAM FEW, ABR, BALDw1N.
Attest: WILLIAM JACKSON, Secretary.
APPENDIX. 59].
ARTICLES IN ADDITION TO, AND AMENDMENT OF THE CONSTITU-
TION OF THE UNITED STATES OF AMERICA, PROPOSED BY CON-
GRESS, AND RATIFIED BY THE LEGISLATURES OF THE SEVERAL
STA#; PURSUANT TO THE FIFTH ARTICLE OF THE ORIGINAL CON-
STITUTION, * ; -
[ARTICLE I.]*
Congress shall make no law respecting an establishment of reli- Terret et al. vs.
gion, or prohibiting the free exercise thereof; or abridging the freedom Taylºétal, 9Crº
g * Of 4 s th ight of th | šaceabl 43; Vidal et al. vs.
of speech, or of the press; or the right o e people peaceably to ...” “...”.
assemble, and to petition the Government for a redress of griev- i. 37: "'E.
8,1] C63S. parte Garland, 4
Wall., 333; United States vs. Cruikshank et al., 92 U. S., 542; Reynolds vs. United
States, 98 U. S., 145. -
[ARTICLE II.]
A well regulated Militia, being necessary to the security of a free United Statests.
State, the right of the people to keep and bear Arms, shall not be gº º
infringed º . Rep., 342; Pres-
In Iringed. Ser vs. Illinois, 116.
* U. S., 252.
[ARTICLE III.]
No Soldier shall, in time of peace be quartered in any house, with-
out the consent of the Owner, nor in time of war, but in a manner
to be prescribed by law.
[ARTICLE IV.]
The right of the people to be secure in their persons, houses, papers, Smith vs. State
and effects, against unreasonable searches and Seizures, shall not be of Maryland, 18.
violated, and no Warrants shall issue, but upon probable cause, Sup-Hoy. T13 Mur-
ported by Oath or affirmation, and particularly describing the place ºf...;
to be searched, and the persons or things to be seized. :*::::::::::
Company, 18 How., 227, Ea: parte Milligan, 4 Wall., 2; Boyd vs. United States, 116.
U. S., 616. • *
[ARTICLE V.]
No person shall be held to answer for a capital, or otherwise infa- United States
mous crime, unless on a presentment Or indictment of a Grand Jury, #9 Pº, ..W.
except in cases arising in the land or naval forces, or in the Militia, #. City of Haiti.
when in actual service in time of War Or public danger; nor shall more, "Pet. §;
any person be subject for the same offence to be twice put in jeopardy Fox vs. Ohio, 5
of life or limb; nor shall be compelled in any Criminal Case to be a How: #9; West
witness against himself, nor be déprived of life, liberty, or property, .º
e te pany vs. Dix et al.,.
without due process of law; nor shall private property be taken for $*# ow., 507;.
public use without just compensation. Mitchell vs. Har-
- mony, 13 How.,
115; Moore, ex., vs. The People of the State of Illinois, 14 How., 13; Murray's
Lessee et al. vs. Hoboken Land and Improvement Company, 18 How. , 272; Dynes
vs. Hoover, 20 How. , 65; Withers vs. Buckley et al., 20 How., 84; Gilman vs. The
City of Sheboygan, 2 Black, 510; Eac parte Milligan, 4 Wall., 2; Twitchell vs. The
Commonwealth, 7 Wall., 321; Hepburn vs. Griswold, 8 Wall. , 603; Miller vs. United,
States, 11 Wall., 268; Legal Tender Cases, 12 Wall., 457; Pumpelly vs. Green Bay,
Company, 13 Wall., 166; Osborn vs. Nicholson, 13 Wall, 654: Eac parte Lange, 18
Wall., 163; Kohl et al. vs. United States, 91 U. S., 367; Cole vs. La Grange, 113
U. S., 1; Ea: parte Wilson, 114 U. S., 417; Brown vs. Grant, 116 U. S., 207; Boyd
vs. United States, 116 U. S., 616; Mackin vs. United States, 117 U. S., 348; Ea:
parte Bain, 121 U. S., 1 ; Parkinson vs. United States, 121 U. S., 281.
*The first ten amendments to the Constitution of the United States were proposed to the legisla-
tures of the several States by the First Congress, on the 25th of September, 1789. º were ratified
by the following States, and the notifications of ratification by the governors thereof were succes-
sively communicated by the President to Congress: New Jersey, November 20, 1789; Maryland,
December 19, 1789; North Carolina, December 22, 1789; South Carolina, January 19, 1790; New Hamp-
shire, January 25, 1790; Delaware, January 28, 1790; Pennsylvania, March 10, 1790: New York, March
27, 1790: Rhode Island, June 15, 1790; Vermont, November 3, 1791, and Virginia, December 15, 1791.
There is no evidence on the journals of Congress that the legislatures of Connecticut, Georgia, and
Massachusetts ratified them.
592 APPENDIX.
[ARTICLE VI.j
Callan vs. wil- In all criminal prosecutions, the accused shall º the right to
son, 127 U. S.Rep., a speedy and public trial, by an impartial jury of the State and dis-
5483 United States trict wherein the crime shall have been committed, which district
#,Gºlf| **. shall have been previously ascertained by law, and to be informed
paña'Keaney i of the nature and cause of the accusation; to be confronted with the
Wh., 38; United witnesses against him ; to have compulsory process for obtaining
States vs. Mills, 7 Witnesses in his favor, and to have the Assistance of Counsel for
Pet., 142; Barron his defence sº
vs. City of Balti. e
more, 7 Pet., 243; Fox vs. Ohio, 5 How., 410; Withers vs. Buckley et al., 20. How.,
84; Év parte Milligan, 4 Wall., 2; Twitchell vs. The Commonwealth, 7 Wall., 321 ;
Miller vs. The United States, 11 Wall., 268; United States vs. Cook, 17 Wall., 168;
United States vs. Cruikshank et al., 92 U. S., 542.
t [ARTICLE VII.]
Basey vs. Galla. In suits at common law, where the value in controversy shall ex-
gher, 20, Wall., ceed twenty dollars, the right of trial by jury shall be preserved, and
$93 Kºhl º no fact tried by a jury shall be otherwise re-examined in any Court
United States, 91 eq by a Jury, snº i:T C y
tj. S. Rep. 375; of the United States, than according to the rules of the common law.
Boom vs. Patter-
son, 98 U. S. Rep., 407; Met. Ry, vs. Moore, 121 U. S. Rep., 578; Great Falls vs.
Garland, 124, U.S. Rep., 599; United States vs. La Vengeance, Dall., 297; Bank of
Columbia vs. Oakley, 4 Wh., 235; Parsons vs. Bedford et al., 3 Pet., 433; Lessee of
Livingston vs. Moore et al.,.7 Pet., 469; Webster vs. Reid, 11 How, 437; State of
Pennsylvania vs. The Wheeling Bridge Company et al., 13. How. , 518; The Justices
vs. Murray, 9 Wall., 274; Edwards vs. Elliot et al., 21 Wall., 532; Pearson vs. Yew-
dall, 95 U.S., 294; McElrath vs. United States, 102 U.S., 426.
[ARTICLE VIII.]
Per v e a r vs. Excessive bail shall not be required, nor excessive fines imposed,
Cºmmonwealth, nor cruel and unusual punishments inflicted.
5 Wall., 475.
[ARTICLE IX.]
Lessee of Liv- The enumeration in the Constitution, of certain rights, shall not
ingston ºs; Moºre be construed to deny or disparage others retained by the people.
et al., 7 Pet., 469. -
[ARTICLE X.
sº ... The powers not delegated to the United States by the Constitu-
gian. Aiºi, tion, nor rohibited by it to the States, are reserved to the States
iingsworth et al., respectively, or to the people.
ws. The State of
Virginia, 3 Dall., 378; Martin vs. Hunter's Lessee, 1. Wh., 304; McCulloch vs. State
of Maryland, 4 Wh., 316; Anderson vs. Dunn, 6 Wh., 204; Cohens vs. Virginia, 6
Wh., 264; Osborn vs. United States Bank, 9 Wh., 738; Buchler vs. Finley, 2Pet. ,
586; Ableman vs. Booth, 21 How., 506; The Collector vs. Day, 11 Wall., 113; Claflin
vs. Houseman, assignee, 93 U. S., 130; Inman Steamship Company vs. Tinker, 94
U. S.,238; Church vs. Kelsey, 121 U. S., 282; Ouachita Packet Co. vs. Aiken, 121
U.S., 444: W. U. Tel. Co. vs. Pendleton, 122 U.S., 347.
ARTICLE XI.
State of Georgia. The Judicial power of the United States shall not be construed to
. ºº:: extend to any suit in law or equity, commenced or prosecuted
Chisholm, ex., º against one of the United States by Citizens of another State, or by
State of Georgia, Citizens or Subjects of any Foreign State.
2 Dall., 419 ; Hol-
lingsworth et al. vs. Virginia, 3 Dall, 378; Collen vs. Virginia, 6 Wh., 264; Osborn
vs. United States Bank, 9 Wh., 738; United States vs. The Planters' Bank, 9 Wh.,
904; The Governor of Georgia vs. Juan Madrazo, 1 Pet., 110; Cherokee Nation vs.
State of Georgia, 5 Pet., 1; Briscoe vs. The Bank of the Commonwealth of Ken-
tucky, 11 Pet., 257; Curran vs. State of Arkansas et al., 15 How, 304; New Hamp-
shire vs. Louisiana, 108 U. S., 76; Virginia Coupon Cases, 114 U. S., 270; Hagood vs.
Southern, 117 U. S., 52. y
The eleventh amendment to the Constitution of the United
States was proposed to the legislatures of the several States by
the Third Congress, ori the 5th of September, 1794; and was de-
clared in a message from the President to Congress, dated the
8th of January, 1798, to have been ratified by the legislatures of
three-fourths of the States.
APPENDIX.
593
~,
ARTICLE XII.
The Electors shall meet in their respective states and vote by bal-
lot for President and Vice-President, one of whom, at least, shall not
be an inhabitant of the same state with themselves; they shall name
in their ballots the person voted for as President, and in distinct
ballots the person voted for as Vice-President, and they shall make
distinct lists of all persons voted for as President, and of all persons
voted for as Vice-President, and of the number of votes for each,
which lists they shall sign and certify, and transmit sealed to the
seat of the government of the United States, directed to the Presi-
dent of the Senate;—The President of the Senate shall, in presence
of the Senate and House of Representatives, open all the certificates
and the votes shall then be counted ;-The person having the great-
est number of votes for President, shall be the President, if such
number be a majority of the whole number of Electors appointed;
and if no person have such majority, then from the persons having
the highest numbers not exceeding three on the list of those voted
for as President, the House of Representatives shall choose immedi-
ately, by ballot, the President. But in choosing the President, the
votes shall be taken by states, the representation from each state
having one vote; a quorum for this purpose shall consist of a mem-
ber or members from two-thirds of the states, and a majority of all
the states shall be necessary to a choice. And if the House of Repre-
sentatives shall not choose a President whenever the right of choice
devolve upon them, before the fourth day of March next following,
then the Vice-President shall act as President, as in the case of the
death or other constitutional disability of the President. The per-
son having the greatest number of votes as Vice-President, shall be
the Vice-President, if such number be a majority of the whole num-
bes of Electors appointed, and if no person have a majority, then
from the two highest numbers on the list, the Senate shall choose
the Vice-President; a quorum for the purpose shall consist of two-
thirds of the whole number of Senators, and a majority of the whole
number shall be necessary to a choice. But no person constitution-
ally ineligible to the office of President shall be eligible to that of
Vice-President of the United States.
The twelfth amendment to the Constitution of the United
States was proposed to the legislatures of the several States by
the Eighth Congress, on the 12th of December, 1803, in lieu of
the original third paragraph of the first section of the second
article; and was declared in a proclamation of the Secretary of
State, dated the 25th of September, 1804, to have been ratified
by the legislatures of three-fourths of the States.
ARTICLE XIII.
SECTION I. Neither slavery nor involuntary servitude, except as
a punishment for crime whereof the party shall have been duly con-
victed, shall exist within the United States, or any place subject to
their jurisdiction.
SECTION 2. Congress shall have power to enforce this article by a Dred, §§ 3.
Sanford, 19 How.,
appropriate legislation. 393: White vs.
Hart, 13 Wall., 646; Osborn vs. Nicholson, 13 Wall.,654; Slaughter-house Cases, 16
Wall., 36; Ea, parte Virginia, 100 U.S., 339; Civil Rights Case, 109 U.S., 8,
The thirteenth amendment to the Constitution of the United
States was proposed to the legislatures of the several States by
the Thirty-eighth Congress, on the 1st of February, 1865, and
was declared, in a proclamation of the Secretary of State, dated
the 18th of December, 1865, to have been ratified by the legisla-
tures of twenty-seven of the thirty-six States, viz: Illinois,
Rhode Island, Michigan, Maryland, New York, West Virginia,
Maine, Kansas, Massachusetts, Pennsylvania, Virginia, Ohio,
Missouri, Nevada, Indiana, Louisiana, Minnesota, Wisconsin,
Vermont, Tennessee, Arkansas, Connecticut, New Hampshire,
South Carolina, Alabama, North Carolina, and Georgia.
X
38 C S
594 APPENDIX.
ARTICLE XIV.
Strau der vs. SECTION 1. All persons born or naturalized in the United States,
Yº's Yº: and subject to the jurisdiction thereof, are citizens of the United
#.”.”. States and of the State wherein they reside. No State shall make or
glnla, US. lvers, f º l hi } h ll brid * th a; il • * & e
i00 U.S., 313; Ex enforce any law which shall abridge the privileges or immunities of
parte Virginia, 100 citizens of the United States; nor shall any State deprive any person
U.S., 339; Mist of life, liberty, or property, without due process of law; nor deny
souri vs. Lewis, re ++lo 3 ºn 3 + c, -, -, -º-; c. Al3 A4-3 ©
101 U.S., 22; Civil to any person within its jurisdiction the equal protection of the laws.
Rights Cases, 109 U.S., 3; Louisiana vs. New Orleans, 109 U. S., 285; Hurtado vs.
California, 110 U.S., 516; Hagar vs. Reclamation Dist., 111 U.S., 701; Elk vs. Wil-
kins, 112 U.S., 94; Head vs. Amoskeag Mfg. Co., 113 U.S., 9; Barbier vs. Connolly,
113 U.S., 27; Provident Institution vs. Jersey City, 113 U. S., 506; Soon Hing vs.
Crowley, 113 U.S., 703; Wurts vs. Hoagland, 114 U. S., 606; Ky. R. Rd. Tax Cases,
115.U. S., 321 ; Campbell vs. Holt, 115 U.S., 620; Presser vs. Illinois, 116 U. S., 252;
Stone vs. Farmers’ Loan and Trust Co., 116 U.S., 307; Arrowsmith vs. Harmoning,
118 U.S., 194; Yick Wo vs. Hopkins, 118 U.S., 356: Santa Clara Co. vs. S. Pacific R.
Rd., 118 U.S., 394; Phila. Fire Assn. vs. N. Y., 119 U. S., 110; Schmidt vs. Cobb, 119
U. S., 286; Baldwin vs. Frank, 119 U. S., 678; Hayes vs. Missouri, 120 U.S.,68;
Church vs. Kelsey, 121 U.S., 282.
SECTION 2. Representatives shall be apportioned among the several.
States according to their respective numbers, counting the whole
number of persons in each State, excluding Indians not taxed. But
when the right to vote at any election for the choice of electors for
President and Vice-President of the United States, Representatives
in Congress, the Executive and Judicial officers of a State, or the
members of the Legislature thereof, is denied to any of the male
inhabitants of such State, being twenty-One years of age, and citizens
of the United States, or in any way, abridged, except for participa-
tion in rebellion, or other crime, the basis of representation therein
shall be reduced in the proportion which the number of such male
citizens shall bear to the whole number of male citizens twenty-one
years of age in such State.
SECTION 3. No person shall be a Senator or Representative in Con-
gress, or elector of President and Vice President, or hold any office,
civil or military, under the United States, or under any State, who,
having previously taken an oath, as a member of Congress, or as an
Officer of the United States, or as a member of any State legislature,
or as an executive or judicial officer of any State, to support the
Constitution of the United States, shall have engaged in insurrection
or rebellion against the same, or given aid or comfort to the enemies
thereof. But Congress may by a vote of two-thirds of each House,
remove such disability.
SECTION 4. The validity of the public debt of the United States,
authorized by law, including debts incurred for payment of pensions
and bounties for services in suppressing insurrection or rebellion,
shall not be questioned. But neither the United States nor any
State shall assume or pay any debt or obligation incurred in aid of
insurrection or rebellion against the United States, or any claim for
the loss or emancipation of any slave ; but all such debts, obligations
and claims shall be held illegal and void. -
s:". tº: SECTION 5. The Congress shall have power to enforce, by appro-
ate OI Nevada, ** º e - tº gº & icle *
Wall., 35; Paul vs. priate legislation, the provisions of this article.
Virginia, 8 Wall., 168; Ward vs. Maryland, 12 Wall., 418; Slaughter-house Cases, 16
Wall., 36; Bradwell vs. The State, 16 Wall., 130; Bartemeyer vs. Iowa, 18 Wall., 129;
Mphor vs. Happersett, 21 Wall.,162; Walker vs. Sauvinet, 92 U.S.,90; Kennard vs.
Louisiana, eac rel. Morgan, 92 U. S., 480; United States vs. Cruikshank, 92 U. S., 542;
Munn vs. Illinois, 94 U. S., 113. *
The fourteenth amendment to the Constitution of the United
States was proposed to the legislatures of the several States by
the Thirty-ninth Congress, on the 16th of June, 1866. On the
21st of July, 1868, Congress adopted and transmitted to the De-
APPENDIX. - 595
partment of State a concurrent resolution declaring that “the
legislatures of the States of Connecticut, Tennessee, New Jersey,
Oregon, Vermont, New York, Ohio, Illinois, West Virginia,
Ransas, Maine, Nevada, Missouri, Indiana, Minnesota, New
Hampshire, Massachusetts, Nebraska, Iowa, Arkansas, Florida,
North Carolina, Alabama, South Carolina, and Louisiana, being
three-fourths and more of the several States of the Union, have
ratified the fourteenth article of amendment to the Constitution
of the United States, duly proposed by two-thirds of each House
of the Thirty-ninth Congress: Therefore Resolved, That said
fourteenth article is hereby declared to be a part of the Constitu-
tion of the United States, and it shall be duly promulgated as such
by the Secretary of State.” . The Secretary of State accordingly
issued a proclamation, dated the 28th of July, 1868, declaring that Af
the proposed fourteenth amendment had been ratified, in the
manner hereafter mentioned, by the legislatures of thirty of the
thirty-six States, viz: Connecticut, June 30, 1866; New Hamp-
shire, July 7, 1866; Tennessee, July 19, 1866; New Jersey, Septem-
ber 11, 1866, (and the legislature of the same State passed a reso-
lution in April, 1868, to withdraw its consent to it ;) Oregon,
September 19, 1866; Vermont, November 9, 1866; Georgia re-
jected it November 13, 1866, and ratified it July 21, 1868; North
Carolina rejected, it December 4, 1866, and ratified it July 4, 1868;
South Carolina rejected it December 20, 1866, and ratified it July
9, 1868; New York, ratified it January 10, 1867; Ohio ratified it
January 11, 1867, (and the legislature of the same State passed a
resolution in January, 1868, to withdraw its consent to it;) Illi-
nois ratified it January 15, 1867; West Virginia, January 16, 1867;
Ransas, January 18, 1867; Maine, January 19, 1867; Nevada, Jan-
uary 22, 1867; Missouri, January 26, 1867; Indiana, January 20,
1867; Minnesota, February 1, 1867; Rhode Island, February 7,
1867; Wisconsin, February 13, 1867; Pennsylvania, February 13,
1867; Michigan, February 15, 1867; Massachusetts, March 20,
1867; Nebraska, June 15, 1867; Iowa, April 3, 1868; Arkansas,
April 6, 1868; Florida, June 9, 1868; Louisiana, July 9, 1868; and
Alabama, July 13, 1868. Georgia again ratified the amendment
February 2, 1870. Texas rejected it November 1, 1866, and rati-
fied it February 18, 1870. Virginia rejected it January 19, 1867,
and ratified October 8, 1869. The amendment was rejected by
FCentucky January 10, 1867; by Delaware February 8, 1867; by
Maryland March 23, 1867; and was not afterward ratified by
either State.
ARTICLE XV.
SECTION 1. The right of citizens of the United States to vote shall
not be denied or abridged by the United States or by any State on
account of race, color, or previous condition of Servitude.
SECTION 2. The Congress shall have power to enforce this article United States.
by anpropriate legislation. ws. Reese et al., 92
• ‘ * U. S., 214; United
The fifteenth amendment to the Constitution of the United States vs. Cruik-
States was proposed to the legislatures of the Several States by shank et al., 92 U.
the Fortieth Congress on the 27th of February, 1869, and was S., 542; ea parte,
declared, in a proclamation of the Secretary of State, dated Yarborough, 110
March 30, 1870, to have been ratified by the legislatures of U. S., 651.
twenty-nine of the thirty-seven States. The dates of these rati-
fications (arranged in the Order of their reception at the Depart-
ment of State) were: from North Carolina, March 5, 1869; West
Virginia, March 3, 1869; Massachusetts, March 9–12, 1869; Wis-
consin, March 9, 1869;. Maine, March 12, 1869; Louisiana, March
5, 1869; Michigan, March 8, 1869; South Carolina, March 16,
1869; Pennsylvania, March 26, 1869; Arkansas, March 30, 1869;
Connecticut, May 19, 1869; Florida, June 15, 1869; Illinois, March
5, 1869; Indiana, May 13–14, 1869; New York, March 17-April
14, 1869, (and the legislature of the same State passed a resolution
January 5, 1870, to withdraw its consent to it;) New Hampshire,
July 7, 1869; Nevada, March 1, 1869; Vermont, October 21, 1869;
Virginia, October 8, 1869; Missouri, January 10, 1870; Mississippi,
January 15–17, 1870; Ohio, January 27, 1870; Iowa, February 3,
1870; Kansas, January 18–19, 1870; Minnesota, February 19,
1870; Rhode Island, January 18, 1870; Nebraska, February 17,
1870; Texas, February 18, 1870. The State of Georgia also rati-
fied the amendment February 2, 1870.
596 APPENDIX.
RATIFICATIONS OF THE CONSTITUTION.
The Constitution was adopted by a Convention of the States Sep-
tember 17, 1787, and was subsequently ratified by the several States,
in the following order, viz: \ ... •
Delaware, December 7, 1787.
Pennsylvania, December 12, 1787.
New Jersey, December 18, 1787.
Georgia, January 2, 1788.
Connecticut, January 9, 1788 }
Massachusetts, February 6, 1788.
Maryland, April 28, 1788.
South Carolina, May 23, 1788.
New Hampshire, June 21, 1788.
Virginia, June 26, 1788.
New York, June 26, 1788.
North Carolina, November 21, 1789.
Rhode Island, May 29, 1790. *
The State of Vermont, by convention, ratified the Constitution on
the 10th of January, 1791, and was, by an act of Congress of the
18th of February, 1791, “received and admitted into this Union as
a new and entire member of the United States of America.”
- RATIFICATION S OF THE AMENDMENTS TO THE CONSTITUTION.
The first ten of the preceding articles of amendment (with two
others which were not ratified by the requisite number of States)
were submitted to the several State legislatures by a resolution of
Congress which passed on the 25th of September, 1789, at the first
session of the first Congress, and was ratified by the legislatures of
the following States:
New Jersey, November 20, 1789.
Maryland, December 19, 1789.
North Carolina, December 22, 1789.
South Carolina, January 19, 1790.
New Hampshire, January 25, 1790.
Delaware, January 28, 1790.
Pennsylvania, March 10, 1790.
New York, March 27, 1790. /
Rhode Island, June 15, 1790.
Vermont, November 3, 1791.
Virginia, December 15, 1791.
The acts of the Legislatures of the States ratifying these amend-
ments were transmitted by the governors to the President, and by
him communicated to Congress. The Legislatures of Massachusetts,
Connecticut, and Georgia do not appear by the record to have rati-
fied them. -
The eleventh article was submitted to the Legislatures of the
several States by a resolution of Congress passed on the 5th of
March, 1794, at the first session of the Third Congress; and on the
8th of January, 1798, at the second session of the Fifth Congress, it .
was declared by the President, in a message to the two Houses of
Congress, to have been adopted by the Legislatures of three-fourths
of the States, there being at that time sixteen States in the Union.
APPENDIX.
597
The twelfth article was submitted to the Legislatures of the several
States, there being then seventeen States, by a resolution of Con-
greSS º On the 12th of December, 1803, at the first session of the
Eighth Congress; and was ratified by the Legislatures of three-
fourths of the States in 1804, according to a proclamation of the
Secretary of State dated the 25th of September, 1804.
The thirteenth article was submitted to the Legislatures of the
Several States, there being then thirty-six States, by a resolution of
Congress passed on the 1st of February, 1865, at the second session
of the Thirty-eighth Congress, and was ratified, according to a
proclamation of the Secretary of State dated December 18, 1865, by
the Legislatures of the following States:
Illinois, February 1, 1865.
Rhode Island, February 2, 1865.
Michigan, February 2, 1865.
Maryland, February 3, 1865.
New York, February 3, 1865. -
West Virginia, February 3, 1865.
Maine, February 7, 1865.
Kansas, February 7, 1865. -
Massachusetts, February 8, 1865.
Pennsylvania, February 8, 1865.
Virginia, February 9, 1865.
Ohio, February 10, 1865.
Missouri, February 10, 1865.
Indiana, February 16, 1865.
Nevada, February 16, 1865.
Louisiana, February 17, 1865.
Minnesota, February 23, 1865.
Wisconsin, March 1, 1865.
Vermont, March 9, 1865.
Tennessee, April 7, 1865.
Arkansas, April 20, 1865.
Connecticut, May 5, 1865.
New Hampshire, July 1, 1865. -
South Carolina, November 13, 1865.
Alabama, December 2, 1865.
North Carolina, December 4, 1865.
Georgia, December 9, 1865.
The following States not enumerated in the proclamation of the
Secretary of State also ratified this amendment: -
Oregon, December 11, 1865.
California, December 20, 1865.
Florida, December 28, 1865.
New Jersey, January 23, 1866.
Iowa, January 24, 1866.
Texas, February 18, 1870.
The fourteenth article was submitted to the Legislatures of the sev-
eral States, there being then thirty-seven States, by a resolution of
Congress passed on the 16th of June, 1866, at the first session of the
Thirty-ninth Congress; and was ratified, according to a proclamation
of the Secretary of State dated July 28, 1868, by the Legislatures of
the following States: -
Connecticut, June 30, 1866.
New Hampshire, July 7, 1866.
Tennessee, July 19, 1866. -
* New Jersey, September 11, 1866.
# Oregon, September 19, 1866.
Vermont, November 9, 1866.
New York, January 10, 1867.
* New Jersey withdrew her consent to the ratification in April, 1868.
+ Oregon withdrew her consent to the ratification October 15, 1868,
598
APPENDIX.
* Ohio, January 11, 1867.
Illinois, January 15, 1867.
West Virginia, January 16, 1867.
Ransas, January 18, 1867.
Maine, January 19, 1867.
Nevada, January 22, 1867.
Missouri, January 26, 1867.
Indiana, January 29, 1867.
Minnesota, February 1, 1867.
Rhode Island, February 7, 1867.
Wisconsin, February 13, 1867.
Pennsylvania, February 13, 1867.
Michigan, February 15, 1867.
Massachusetts, March 20, 1867.
Nebraska, June 15, 1867.
Iowa, April 3, 1868.
Arkansas, April 6, 1868.
.2° Florida, June 9, 1868.
+ North Carolina, July 4, 1868.
Louisiana, July 9, 1868.
f South Carolina, July 9, 1868.
Alabama, July 13, 1868.
# Georgia, July 21, 1868.
# The State of Virginia ratified this amendment on the 8th of Octo-
§§ 1869,subsequent to the date of the proclamation of the Secretary
of State. -
The States of Delaware, Maryland, Kentucky, and Texas rejected
the amendment. &
The fifteenth article was submitted to the Legislatures of the sev-
eral States, there being then thirty-seven States, by a resolution of
Congress passed on the 27th of February, 1869, at the first session of
the Forty-first Congress; and was ratified, according to a proclama-
tion of the Secretary of State dated March 30, 1870, by the Legisla-
tures of the following States:
Nevada, March 1, 1869.
West Virginia, March 3, 1869.
North Carolina, March 5, 1869.
Louisiana, March 5, 1869.
Illinois, March 5, 1869.
Michigan, March 8, 1869.
Wisconsin, March 9, 1869.
Massachusetts, March 12, 1869.
Maine, March 12, 1869. -
South Carolina, March 16, 1869.
Pennsylvania, March 26, 1869.
Arkansas, March 30, 1869.
f New York, April 14, 1869.
Indiana, May 14, 1869.
Connecticut, May 19, 1869.
Florida, June 15, 1869.
New Hampshire, July 7, 1869.
Virginia, October 8, 1869.
Vermont, October 21, 1869.
Alabama, November 24, 1869.
Missouri, January 10, 1870.
Mississippi, January 17, 1870.
Rhode Island, January 18, 1870.
|Kansas, January 19, 1870.
: *Ohio withdrew her consent to the ratification in January, 1868. -
f North Carolina, South Carolina, Georgia, and Virginia had previously rejected the amendment.
fMew York withdrew her consent to the ratification January 5, 1870.
APPENDIX. 599.
*Ohio, January 27, 1870.
Georgia, February 2, 1870.
Iowa, February 3, 1870.
Nebraska, February 17, 1870.
Texas, February 18, 1870.
Minnesota, February 19, 1870.
t'The State of New Jersey ratified this amendment on the 21st of
February, 1871, subsequent to the date of the proclamation of the
Secretary of State.
The States of California, Delaware, Kentucky, Maryland, Oregon,
and Tennessee rejected this amendment. W
*Ohio had previously rejected the amendment May 4, 1869.
thew Jersey had previously rejected the amendment,
\
600
APPENDIX.
ANALYTICAL INDEXTO THE CONSTITUTION OF THE UNITED STATES
AND THE AMENDMENTS THERETO.
\ A.
Abridged. The privileges or immunities of citizens of the United
States shall not be. [Amendments] . . . . . . . . . . . . . . . . . . . . . .
Absent members, in Such manner and under such penalties as it
may provide. Each House is authorized to compel the
attendance of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Accounts of receipts and expenditures of public money shall be
published from time to time. A statement of the . . . . . . . . .
Accusation. In all criminal prosecutions the accused shall be
informed of the cause and nature of the. [Amendments].
Accused shall have a speedy public trial. In all criminal prosecu-
tions the [Amendments] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
He shall be tried by an impartial jury of the State and district
where the crime was committed. [Amendments] . . . . . . . . .
He shall be informed of the nature of the accusation.
[Amendments] . . . . .... • - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
He shall be confronted with the witnesses against him.
[Amendments]. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
He shall have compulsory process for obtaining witnesses in
his favor. [Amendments] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
He shall have the assistance of counsel for his defense.
[Amendments] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Actions at common law involving over $20 shall be tried by
jury. [Amendments] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Acts, records, and judicial proceedings of another State. Full
faith and credit shall be given in each State to the . . . . . . . .
Acts. Congress shall prescribe the manner of proving such acts,
records, and proceedings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Adjowrm from day to day. A smaller number than a quorum of
each House may. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Adjowrm for more than three days, nor to any other place than
that in which they shall be sitting. Neither House shall,
º the session of Congress, without the consent of the
other . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Adjowrm ment, the President may adjourn them to such time as
he shall think proper. In case of disagreement between the
two Houses as to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Admiralty and maritime jurisdiction. The judicial power shall
extend to all cases of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Admitted by the Congress into this Union, but no new State shall
be formed or erected within the jurisdiction of any other
State. New States may be. . . . . . . . . . . . . . . . * - - - - - - - - - - - -
Nor shall any State be formed by the junctién of two or
more States, or parts of States, without the consent of the
legislatures and of Congress. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Adoption of the Constitution shall be valid. All debts and en-
gagements contracted by the Confederation and before the . .
Advice and consent of the Senate. The President shall have
power to make treaties by and with the . . . . . . . . . . . . . . . . . .
To appoint ambassadors and other public ministers and con-
Suls by and with the . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
To appoint all other officers of the United States not herein
otherwise provided for by and with the . . . . . . . . . . . . . . . . . . .
Affirmation. Senators sitting to try impeachments shall be on
oath or . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
To be taken by the President of the United States. Form of
the Oath or . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
No warrants shall be issued but upon probable cause and on
oath or. [Amendments] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
To support the Constitution. Senators and Representatives,
members of State legislatures, executive and judicial offi-
cers, both State and Federal, shall be bound by oath or . . . .
. Sec.
22
2
55555
S7S8S
5S777
5
8
S
APPENDIX.
601 .
Age. No person shall be a Representative who shall not have at-
tained twenty-five years of . . . . . . . . . . . . . . . ‘s e < * * * * * * * * . 4 * * *
NO pºhan be a Senator who shall not have attained thirty
Yeal's Of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * * * * * * * * * * * * * * * * e e
Agreement or compact with another State without the consent of
Congress. No State shall enter into any. . . . . . . • * * * * * * * * * *
Aid (tnd comfort. Treason against the United States shall con-
sist in levying war against them, adhering to their enemies,
and giving them. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *
Alliance or confederation. No State shall enter into any treaty
of. . . . . . . . . . . . . • * * * * * * * * * * * * * * * * * * * * * * * * * * * e s e e e s • e s a • e e s a
Ambassadors, or other public ministers and consuls. The Presi-
dent may appoint. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The judicial power of the United States shall extend to all
cases affecting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendments to the Constitution. Whenever two-thirds of both
Houses shall deem it necessary, Congress shall propose.
To the Constitution. On application of the legislatures of
two-thirds of the States, Congress shall call a convention
to propose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Shall be valid when ratified by the legislatures of or by con-
ventions in, three-fourths of the States. . . . . . . . . . . . . . . . . . . .
Answer for a capital or infamous crime unless on presentment
of a grand jury. No person shall be held to. [Amend-
ments] . . . . . . . . . . . . . . . . . . . . ". . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Except in cases in the land or naval forces, or in the militia
when in actual Service. [Amendments] . . . . . . . . . . . . . . . . .
Appellate jurisdiction both as to law and fact, with such excep-
tions and under such regulations as Congress shall make.
In what cases the Supreme Court shall have . . . . . . . . . . . . . .
Application of the legislature of the executive of a State. The
United States shall protect each State against invasion and
domestic violence on the ". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Application of the legislatures of two-thirds of the States, Con-
gress shall call a convention for proposing amendments
to the Constitution. On the . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Appointment of officers and authority to train the militia re-
served to the States respectively . . . . . . . . . . . . . . . . . . . . . . . . . .
Of such inferior officers as they may think proper in the Pres-
ident alone. Congress may by law West the . . . . . . . . . . . . . . .
In the courts of law or in the heads of Departments. Con-
* gress may by law vest the . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Apportionment of representation and direct taxation among the
several States. Provisions relating to the.. [Repealed by
Sec. 2 of 14th amendment, on page 66]. . . . . . . . . . . . . . . . . . .-
Of Representatives annong the several States. Provisions
relating to the [Amendments] . . . . . . . . . . . . . . . . . . . . . . . . .
Appropriate legislation. Congress shall have power to make all
laws necessary and proper for carrying into execution the
foregoing powers, and all other powers wested by the Con-
stitution in the Government of the United States, or in
any department or officer thereof. . . . . . . . . . . . . . . . . . . . . . . . .
Congress shall have power to enforce the thirteenth article,
prohibiting slavery, by. [Amendments]. . . . . . . . . . . . . . . . . . .
Congress shall have power to enforce the provisions of the
fourteenth article by. [Amendments] . . . . . . . . . . . . . . . . • * *
Congress shall have power to enforce the provisions of the
fifteenth article by. [Amendments] . . . . . . . . . . . . . . . . . .
Appropriation of money for raising and supporting armies shall
- be for a longer term than two years. But no. . . . . . . . . . . . . .
Appropriations made by law. No money shall be drawn from
the Treasury but in Consequence of . . . . . . . . . . . . . . . . . . . . . . .
Approve and sign a bill before it shall become a law. The Près-
ident shall . . . . . . . • * * * * * * * * * * * * * * . . . . . . . . . . . . . . . . . . . . . . . . .”
He shall return it to the House in which it originated, with
his objections, if he do not. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Armies, but no appropriation for that use shall be for a longer
term than two years. Congress shall have power to raise
and Support. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Armies. Congress shall make rules for the government and regu-
Arms shall not be infringed. A well-regulated militia being
necessary to the security of a free State, the right of the
people to keep and bear, [Amendments], , , , , , , , , , , , , , , ,
Art. Sec. Cl.
1
2
3
10
10
2
98252
7
2
.
16
2
2
18
Page.
577
578
584
587
583
585
585.
589.
589
589
589.
589.
587
589.
581
581:
591
1602
ABPENIDIX.
Arrest during their attendance at the session of their respective
Houses, and in going to and returning from the same.
Members shall in all cases, except treason, felony, and
breach of the peace, be privileged from . . . . . . . . . . . . . . . . . . .
Arsenals. Congress shall exercise exclusive authority over, all
places purchased for the erection of . . . . . . . . . . . . . . . . . . . . .
Articles exported from any State. Notax or duty shall be laid on.
Arts by Securing to authors and, inventors their patent rights.
º may promote the progress of science and the
useful . . . . . . . • e . * : * * * * * * * * : e. e. e. e. e. ... e. e. e. e. e. . e º is e e & • * * * * * * * * * * * * * * * * * *
Assistance of counsel for his defense. In all criminal prosecu-
tions the accused shall have the. [Amendments] . . . . . . . . .
Assumption of the debt or obligations incurred in aid of rebel-
lion or insurrection against the United States. . Provisions
* against the [Amendments]. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Attainder or ec post facto law shall be passed. . No bill of . . . . . . .
Attainder, eac post facto law, or law impairing the obligation of
contracts. No State;shall pass any bill of . . . . . . . . . . . . . . . . .
Attainder of treason shall not work corruption of blood or for-
feiture, except during the life of the person attainted . . . . .
Awthors and inventors the exclusive right to their writings and
inventions. Congress shall have power to secure to. . . . . . .
B.
Bail. Excessive bail shall not be required, nor excessive fines nor
Cruel and unusual punishments imposed. [Amendments].
Ballot for President and Vice-President. The electors shall vote
by. [Amendments]... . . . . . . . . . . . . . . . . . . . . . . . . . . . w t t e < e e
Ballot. If no person have a majority of the electoral votes for
- President and Vice-President, the House of Representatives
shall immediately choose the President by. [Amend-
ments] . . . . . . . . . . . . . * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * -
Bankruptcies. Congress shall have power to pass uniform laws
On the subject of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Basis of representation annong the several States. Provisions
relating to the [Amendments]. . . . . . . . . . . . . . . . . . . . . . . . . .
Bear arms shall not be infringed. A well-regulated militia being
necessary to the Security of a free State, the right of the
people to keep and. [Amendments]. . . . . . . . . . . . . . . . . . . . . .
Behavior. The judges of the Supreme and inferior courts shall
hold their offices during good. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Bill of attainder or eac post facto law shall be passed. No. . . . . . .
Bill of attainder, ea post facto law, or law impairing the obliga-
tion of contracts. No State shall pass any. . . . . . . . . . . . . . . .
Bills of Credit. No State shall emit . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Bills for raising revenue shall originate in the House of Repre-
sentatives. All . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Bills which have passed the Senate and House of Representatives
shall, before they become laws, be presented to the Presi-
dent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
If he approve, he shall sign them; if he disapprove, he shall
return them, with his objections, to that House in which
they originated. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Bills. Upon the reconsideration of a bill returned by the Presi-
dent, with his objections, if two-thirds of each House agree
to pass the same, it shall become a law. . . . . . . . . . . . . . . . . . . . :
Upon the reconsideration of a bill returned by the President,
Art. Sec.
1 6
1 8
1 9
1 8
6 —
14 4
1 9
1 10
3 3
1 8
8 —
12 —
12 —
1 8
14 2
2 –
3 1
1 9
1 10
1 10
1 7
1 7
1 7
1 7
1 7
1 7
1 8
14 4
| 6
2 4
Cl. Page.
1 579
17 582
5 582
5
8
2
©
5
8
8
— 593
4 581
— 594
591
586
582
583
583
579
2
579
2 579
579
579
579
580
.
the question shall be taken by yeas and nays. . . . . . . . . . . . . .
Not returned by the President within ten days (Sundays ex-
cepted), shall, unless Congress adjourn, become laws. . . . . . .
Borrow money On the credit of the United States. Congress shall
have power to. . . . . • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Bounties and pensions shall not be questioned. The validity of
the public debt incurred in suppressing insurrection and
rebellion against the United States, including the debt for.
[Amendments] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Breach of the peace, shall be privileged from arrest while attend-
ing the Session, and in going to and returning from the
same. Senators and Representatives, except for treason,
felony, and . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ‘. . . . . . .
Bribery, or other high crimes and misdemeanors. The President,
Vice-President, and all civil officers shall be removed on
impeachment for and conviction of treason, ..................
— 594
1 579
— 585
APPENDIX.
N 603.
C.
Capital or otherwise infamous crime, unless on indictment of a
grand jury, except in certain specified cases. No person
shall be held to answer for a. . [Amendments]... . . . . . . . . .
Capitation or other direct tax shall be laid unless in proportion
to the census or enumeration. No. . . . . . . . . . . . . . . . . . . . . . .
Captures on land and water. Congress shall make rules concern-
1D9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Casting vote. The Vice-President shall have no vote unless the
Senate be equally divided . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Census or enumeration of the inhabitants shall be made within
three years after the first meeting of Congress, and within
\ every subsequent term of ten years thereafter. . . . . . . . . . . . .
Census or enumeration. No capitation or other direct tax shall
be laid except in proportion to the . . . . . . . . . . . . . . . . . . . . . .
Chief Justice shall preside when the President of the United
States is tried upon impeachment. The . . . . . . . . . . . . . . . . . .
Choosing the electors and the day on which they shall give their
votes, which shall be the same throughout the United
States. Congress may determine the time of . . . . . . . . . . . . .
Citizen of the United States at the adoption of the Constitution
shall be eligible to the office of President. No person nota
natural born. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Citizen of the United States. No person shall be a Senator who
shall not have attained the age of thirty years, and been
mine years a. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
No person shall be a Representative who shall not have
attained the age of twenty-five years, and been seven years a
Citizenship, Citizens of each State shall be entitled to all the
rivileges and immunities of citizens of the several States.
Aſ persons born or naturalized in the United States, and Sub-
ject to the jurisdiction thereof, are citizens of the United
States and of the State in which they reside. [Amend-
ments] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
No State shall make or enforce any law which shall abridge
the privileges or immunities of citizens of the United
States. [Amendments]. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Nor shall any State deprive any person of life, liberty, or
property without due process of law. . [Amendments]. . . . .
Nor deny to any person within its jurisdiction the equal pro-
tection of the laws. [Amendments]. . . . . . . . . . . . . . . . . . . . . .
Citizens or subjects of a foreign state. The judicial power of the
TJnited States shall not extend to suits in law or equity
brought against one of the States by the citizens of another
State, or by. [Amendments]. . . . . . . . . . . . . . . . . . . . . . . . . . .
Civil officers of the United States shall, on impeachment for and
conviction of treason, bribery, and other high crimes and
misdemeanors, be removed. All. . . . . . . . . . . . . . . . . . . . . . . . .
Claims of the United States or any particular State in the Terri-
tory or public property. Nothing in this Constitution shall
be Construed to prejudice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Classification of Senators. Immediately after they shall be as-
sembled after the first election, they shall be divided as
equally as may be into three classes. . . . . . . . . . . . . . . . . . . . . .
The seats of the Senators of the first class shall be vacated at
the expiration of the Second year. . . . . . . . . . . . . . . . . . . . . . . . .
The seats of the Senators of the second class at the expiration
of the fourth year. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The seats of the Senators of the third class at the expiration
of the sixth year. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Coin a tender in payment of debts. No State shall make any-
thing but gold and silver. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Coin money and regulate the value thereof and of foreign coin.
Congress shall have power to . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Coim of the United States. Congress shall provide for punishing
the counterfeiting the securities and current . . . . . . . . . . . . .
Color, or previous condition of servitude. The right of citizens
of the United States to vote shall not be denied or abridged
by the United States or by any State on account of race.
[Amendments] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Comfort. Treason against the United States shall consist in levy-
ing war against them, and giving their enemies aid and
Commander in Chief of the Army and Navy, and of the militia
when in actual service. The President shall be. . . . . . . . . . . .
Art. Sec.
5 —
1 9
1 8
1 3
1 2
1 9
1 3
2 1
2 1
1 3
1 2
4 2
14 1
14 1
14 1
14 1
11 —
2 4
4 3
1 3
1 3
1 3
1 3
1 10
1
1 S
15 1.
3 3
2 2
Cl.
2
222
2
Page.
591
582
581
578
585
578
577
588
594
594
594
594
604
APPENDIX.
Commerce with foreign nations, among the States, and with
Indian tribes. Congress shall have power to regulate. . . . .
Commerce or revenue. No preference shall be given to the ports
of one State over those of another by any regulation of...
Vessels clearing from the ports of one State shall not pay
duties in those of another. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Commissions to expire at the end of the next session. The Pres-
ident may fill vacancies that happen in the recess of the
Senate by granting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Common defense, promote the general welfare, etc. To insure the.
[Preamble] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Common defense and general welfare. Congress shall have power
to provide for the. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Common law, where the amount involved exceeds twenty dollars,
shall be tried by jury. Suits at. [Amendments]. . . . . . . . .
No fact tried by a jury shall be otherwise reexamined in any
court of the United States than according to the rules of
the [Amendments]. . . . . . . . . . . . . . . . . . . ... • - e. e. e. e. e. * * * * * * * * * * *
Compact with another State. No State shall, without the consent
of Congress, enter into any agreement Or. . . . . . . . . . . . • * is e
Compact with a foreign power. No State shall, without the con-
sent of Congress, enter into any agreement Or. . . . . . . . . . . .
compºn of Senators and Representatives to be ascertained
Y 18/W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Compensation of the President, shall not be increased nor dimin-
ished during the period for which he shall be elected. . . . . .
Compensation of the judges of the Supreme and inferior courts
shall not be diminished during their continuance in office.
Compensation. Private property shall not be taken for public use
without just. [Amendments]. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Compulsory process for obtaining witnesses in his favor. In
* prosecutions the accused shall have. [Amend-
ments] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Confederation. No State shall enter into any treaty, alliance, or.
Confederation. All debts contracted and engagements entered
into before the adoption of this Constitution shall be as valid
against the United States under it, as under the . . . . . . . . . . .
Confession in open court. Conviction of treason shall be on the
testimony of two persons to the overt act, or upon . . . . . . . .
Congress of the United States. All legislative powers shall be
Vested in a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Shall consist of a Senate and House of Representatives . . . . . .
Congress shall assemble at least once in every year, which shall
be on the first Monday of December, unless they by law
appoint a different day. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
May at any time alter regulations for elections of Senators
and Representatives, except as to the places of choosing
Senators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Each House shall be the judge of the elections, returns, and
qualifications of its own members . . . . . . . . . . . . . . . . . . . . . . .
A majority of each House shall constitute a quorum to do
business. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A Smaller number may adjourn from day to day and may be
authorized to compel the attendance of absent members. . .
Each House may determine the rules of its proceedings, pun-
ish its members for disorderly behavior, and, with the con-
Currence of two-thirds, expel a member . . . . . . . . . . . . . . . . . .
Each House shall keep a journal of its proceedings. . . . . . . . . .
Neither House, during the session of Congress, shall, without
the consent of the other, adjourn for more than three days.
Senators and Representatives shall receive a compensation to
be ascertained by law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
They shall in all cases, except treason, felony, and breach of
the peace, be privileged from arrest during attendance at
their respective Houses, and in going to and returning from
the same . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... • * *
No Senator or Representative shall, during his term, be
appointed to any civil office which shall have been created,
or of which the emoluments shall have been increased,
during such term . . . . . . ". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
No person holding any office under the United States, shall,
while in office, be a member of either House of Congress. .
All bills for raising revenue shall originate in the House of
Representatives. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Proceedings in cases of bills returned by the President with his
objections . . . . . . . -* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * e
Art.
7
7
Sec.
10
j0
5
:5
5
.
Cl. Page.
3 580
6 582
6 582
3 586
— 577
1 580
— 592
— 592
3 584
3 584
1 579
6 58.5
— 586
— 591
— 592
1 583
1 589
1 587
— 577
— 577
2 579
1 579
1 579
1 579
1 579
2 579
3 579
4 579
1 579
1 579
2 579
2 579
1 579
1 579
APPENDIX.
Congress—Continued. Art. Sec. Cl. Page.
Shall have power to lay and collect duties, imposts, and
excises, pay the debts, and provide for the common defense
and general welfare . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . 1 8 2 580
Shall have power to borrow money on the credit of the
United States. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 8 2 580
To regulate foreign and domestic commerce, and with the
Indian tribes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 8 3 580
To establish an uniform rule of naturalization and uniform
laws onthe subject of bankruptcies . . . . . . . . . . . . . . . . . . . . . . . 1 8 4 581
To coin money, regulate its value, and the value of foreign
coin, and to fix the standard of weights and measures. . . . . 1 8 5 581
To punish the counterfeiting the securities and current coin
of the United States . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 8 6 581
To establish post-offices and post-roads . . . . . . . . . . . . . . . . . . . . . 1 8 7 581
To promote the progress of science and the useful arts . . . . . . 1 8 S 581
To constitute tribunals inférior to the Supreme Court . . . . . . . 1 8 9 581
To define and punish piracies and felonies on the high seas
and to punish offenses against the law of nations. . . . . . . . . . 1 S 10 581
To declare war, grant letters of marque and reprisal, and
make rules concerning captures on land and water. . . . . . . . 1 8 11 581
To raise and Support armies, but no appropriation of money
to that use shall be for a longer term than two years . . . . . . 1. 8 12 581
To provide and maintain a Navy . . . . . . . . . . . . . . . . . . . . . . . . . 1 8 13 581
To make rules for the government of the Army and Navy... 1 8 14 581
To call out the militia to execute the laws, suppress insul-
rection, and repel invasions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 8 15 581
To provide for organizing, arming, and equipping the militia. 1 8 16 581
Congress to exercise exclusive legislation over the district fixed
for the seat of government, and over forts, magazines, arse-
mals and dockyards. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 8 17. 582
To make all laws necessary and proper to carry into execution
all powers vested by the Constitution in the Government of
the United States. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 8 18 582
No person holding any office under the United States shall
acqept of any present, emolument, office, or title of any kind
from any foreign state, without the consent of . . . . . . . . . . . . 1 9 8 583
May determine the time of choosing the electors for President
and Vice-President and the day on which they shall give
their votes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... .. 2 1 3 585
The President may, on extraordinary occasions, convene
either House of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 — 586
The manner in which the acts, records, and judicial proceed-
ings of the States shall be proved, shall be prescribed by... 4 1 588
New States may be admitted by Congress into this Union. . . . 4 3 2 588
Shall have power to make all needful rules and regulations
respecting the territory or other property belonging to the
United States. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3 1 588
Amendments to the Constitution shall be proposed whenever
ºnal be deemed necessary by two-thirds of both Houses 89
of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 — — 5
Persons engaged in insurrection or rebellion against the United
States disqualified for Senators or Representatives in.
ſº a s e e s e e º e º e a s = e s = e s e e º e s = e < * * * * * * * * * * * * * * * 14 3 — 594
But such disqualifications may be removed by a vote of two-
thirds of both Houses of. [Amendments]. . . . . . . . . . -s e < * * * * 14 3 — 594
Shall have power to enforce, by appropriate legislation, the
thirteenth amendment. [Amendments]. . . . . . . . . . . . . . . . . . 13 2 – 593
Shall have power to enforce, by appropriate legislation, the
fourteenth amendment. [Amendments]. . . . . . . . . . . . . . . . . . 14 5 — 594
Shall have power to enforce, by appropriate legislation, the -
fifteenth amendment. fººd; & e º sº e s tº € $ tº & © a s is sº e & e º 15 2 – 595
Comsent. No State shall be deprived of its equal suffrage in the
Senate without its. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 — — 589
Comsent of Congress. No person holding any office of profit or
trust under the United States shall accept of any present,
emolument, office, or title of any kind whatever, from any
king, prince, or foreign potentate, without the . . . . . . . . . . . . | 9 8 583
No State shall lay any imposts, or duties on imports, except
what may be absolutely necessary for executing its inspec-
tion laws, without the . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 10 2 584
No State shall lay any duty of tonnage, keep troops Or
ships of war in time of peace, without...the . . . . . . . . . . . . . 1 10 3 584
No State shall enter into any agreement or compact with
another State, or with a foreign power, without the, . . . . . . 1 10 3 584
606
\ APPENDIX.
Consent of Congress—Continued.
No State shall engage in war unless actually invaded, or in
such imminent danger as will not admit of delay, without
the. . . . . . . . . . . . . . . . . * * * * * ~ * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
No new State shall be formed or erected within the jurisdic-
tion of any other State, nor any State be formed by the
junction of two or more States, or parts of States, without
the consent of the legislatures thereof, as well as the. . . . . . .
Consent of the legislature of the State in which the same may be.
Congress shall exercise exclusive authority over all places
purchased for the erection of forts, magazines, arsenals,
dock-yards, and other needful buildings by the. . . . . . . . . . . .
Consent of the legislatures of the States and of Congress. No
States shall be formed by the junction of two or more States
or parts of States without the . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Consent of the other. Neither House, during the session of Con-
gress, shall adjourn for more than three days, nor to any
other place than that in which they shall be sitting, without
the. . . . . . . . . . . . . . . • e e s in a º e º & e º a e g º º is º dº º $ tº * * * * * * * * * * * s tº e &
Consent of .the owner. No soldier shall be quartered in time of
peace in any house without the [Amendments]. . . . . . . . . .
Consent of the Senate. The President shall have power to make
treaties, by and with the advice and . . . . . . . . . . . . . . . . . . . . . .
The President shall appoint ambassadors, other public minis-
ters and consuls, judges of the Supreme Court, and all
other officers created by law and not otherwise herein pro-
vided for, by and with the advice and . . . . . . . . . . . . . . . . . . . .
Constitution, in the Government of the United States, or in any
department or officer thereof. Congress shall have power to
º all laws necessary to the execution of the powers wested
Constitution, shall be eligible to the office of President. No per-
son except a natural-born citizen, or a citizen at the time of
the adoption of the . . . . . . . . . . . . • * * * * * * * * * * * * * * * * * * * * * * * * *
Constitution. The President, before he enters upon the execu-
tion of his office, shall take an oath to preserve, protect, and
defend the. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Constitution, laws, and treaties of the United States. The judi-
cial power shall extend to all cases arising under the . . . . . .
Constitution shall be so construed as to prejudice any claims of
the United States, or of any State (in respect to territory or
other property of the United States). Nothing in the . . . . . .
Constitution. The manner in which almendments may be pro-
posed and ratified. . . . . . . . . . . . . . . . . . . . . . . . • - - - - - - - - - - - - -
Constitution as under the Confederation shall be valid. All debts
and engagements contracted before the adoption of the . . .
Constitution and the laws made in pursuance thereof, and all
treaties made, or which shall be made, by the United States,
shall be the supreme law of the land. The . . . . . . . . . . . . • * * ,
The judges in every State, anything in the constitution or
laws of a State to the contrary notwithstanding, shall be
bound thereby. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Constitution. All officers, legislative, executive, and judicial, of
the United States, and of the several States, shall be bound
Art. Sec.
1 10
4 3
1 8
4 3
1 5
3 —
2 2
2 2
1 8
2 1
2 1
3 2
4 3
5 —
6 —
6 —
6 —
6 —
6 —
7 —
9 —
10 —
- 14 3.
7 —
1 10
Cl. Page,
3
17
2
2
2
584
588
for any Office Or public trust. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Constitution, between the States so ratifying the same. The rati-
fication of the conventions of nine States shall be sufficient
- for the establishment of the . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Constitution of certain rights shall not be construed to deny or
disparage others retained by the people. The enumeration
in the [Amendments]. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Constitution, nor prohibited by it to the States, are reserved to the
State, respectively, or to the people. Powers not delegated
the United States by the. [Amendments] . . . . . . . . . . . . . . . .
Comstitution, and then engaged in rebellion against the United
States. Disqualification for office imposed upon certain
classes of persons who took an oath to support the.
[Amendments] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Constitution. Done in convention by the unanimous consent of
the States present, September 17, 1787. . . . . . . . . . . . . . . . . . . .
Contracts. No State shall pass any ea; post facto law, or law
impairing the obligation of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Controversies to which the United States shall be a party: between
two or more States; between a State and citizens of another
State; between citizens of different States; between citizens
589.
589.
590,
APPENDIX,
607.
Controversies—Continued. .
of the same State claiming lands under grants of different
States; between a State or its citizens and foreign States,
citizens, or subjects. The judicial power shall extend to..
Convene Congress or either House, on extraordinary occasions.
The President may . . . . . . . . . . • * * * * * * * * * * * * * * * * * * * * . . . . . .
Convention for proposing amendments to the Constitution. Con-
gress, on the application of two-thirds of the legislatures of
the States, may call a. . . . . . . . . . . . . . . . . . . . . . . . • * . . . • * * * * *
Convention, by the unanimous consent of the States present on
the 17th of September, 1787. Adoption of the Constitution
1I] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Conventions of nine States shall be sufficient for the establishment
of the Constitution. The ratification of the . . . . . . . . . . . . . . .
Conviction in cases of impeachment shall not be had without the
concurrence of two-thirds of the members present. . . . . . . .
Copyrights to authors for limited times. Congress shall have
power to provide for. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Corruption of blood. Attainder of treason shall not work. . . . . .
Cownsel for his defense. In all criminal prosecutions the accused
shall have the assistance of. [Amendments] . . . . . . . . . . . .
Counterfeiting the securities and current coin of the United
States. Congress shall provide for the punishment of. . . . .
Cowrts. Congress shall have power to constitute tribunals inferior
to the Supreme Court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Cowrts of law. Congress may by law vest the appointment of
such inferior officers as they think proper in the President
alone, in the heads of Departments, or in the . . . . . . . . . . . . .
Cowrts as Congress may establish. The judicial power of the
United States shall be vested in one Supreme Court and such
inferior. . . . . . . . . . . . . . . . . . • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Courts. The judges of the Supreme and inferior courts shall hold
their offices during good behavior. . . . . . . . . . . . . . . . . . . . . . . . .
Their compensation shall not be diminished during their con-
tinuance in office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Credit. No State shall emit bills of . . . . . . . . . . . . . . . . . . . . . . . . . . . . *.
Credit of the United States. Congress shall have power to bor-
row money On the . . . . . . . . . . . . . . . . . . . . . • * * * * * * * * * - - - - - - - - -
Credit shall be given in every other State to the public acts, rec-
ords, and judicial proceedings of each State. Full faith
and • e º $ tº e s e º 'º $ ſº tº & , q & e e º 'º - - - - - - - - - - - • - - - - - - - - - - - - - - - - - - - - -
Crime, unless on a presentment of a grand jury. No person shall
be held to answer for a capital or otherwise infamous.
[Amendments] . . . . . . . . . . . . . . . . . . . . . . . . . . . • * tº e & © tº e º e º ſº tº
Except in cases in the military and naval forces, or in the
militia, when in actual service. [Amendments]. . . . . . . . . . .
Crimes and misdemeanors. The President, Vice-President, and
all civil officers shall be removed on impeachment for and
conviction of treason, bribery, Or other . . . . . . . . . . . . . . ----.
Crimes, except in cases of impeachment, shall be tried by jury.
All
Art. Sec.
2 2
2 3
5 —
7 ––
7 —
1 3
1 8
3 3
6 —
1 8
1 8
2 2
3 1
3 1
3 1
1 10
1 8
4 1
5 —
5 : —
2 4
3 2
3 2
3 2
.6 —
6 —
6 —
6 —
6 —
5 —
8 —
Cl.
T
2
588
e e s ∈ e e s e e s tº * * * e º e º e º a s s e e º e s is e e s tº e º e > * > * * * * * * * * * * * * * * *
Committed . . . . . . . . . . . . . . . . . . . . . . . • * * * * * * * * * * * * * * *e in º ºs e º ſº
When not committed in a State, they shall be tried at the
places which Congress may by law have provided. . . . . . . . .
Criminal prosecutions, the accused shall have a speedy and pub-
lic trial by jury in the State and district where the crime
was committed. In all. [Amendments] . . . . . . . . . . . .* * * * * *
. He shall be informed of the nature and cause of the accusa-
tion. [Amendments]. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
He shall be confronted with the witnesses against him.
[Amendments] . . . . . . . . . . . . . . . . . . . ... is a s & tº e e s e s e g tº gº & º e g º º
He shall have compulsory process for obtaining witnesses in
his favor. iº -
He shall have the assistance of counsel in his defense.
[Amendments] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Criminate himself. No person as a witness shall be compelled to.
[Amendments] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Cruel and wnwsual punishments inflicted. Excessive bail shall
not be required, nor excessive fines imposed, nor. [Amend-
ments] . . . . . . • e º is e º e s a e o e º 0 & 0 & 0 & 0 & 0 e º 'º e º ſº tº º . . . . . . . . . . . . . .
& e º ſº g º $ ſº e º e º e º s tº dº e g & & © tº º ſº a tº € $ tº
591
591
608
APPENDIX.
D.
Danger as will not admit of delay. No State shall, without the
consent of Congress, engage in war, unless actually invaded,
or in such imminent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Day on which they shall vote for President and Vice-President,
which shall be the same throughout the United States.
Congress may determine the time of choosing the electors,
and the . . . . . . . . . . . . . . . . . . • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Day to day, and may be authorized to compel the attendance of
absent members. A smaller number than a quorum of
each House imay adjourn from . . . . . . . . . . . . . . . . . . . . . . . . . . .
Death, resignation, or inability of the President, the powers and
duties. Of his office shall devolve on the Vice-President. In
case of the . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Death, resignation, or inability of the President. Congress may
provide by law for the case of the removal. . . . . . . . . . . . . . . .
Debt of the United States, including debts for pensions and
bounties incurred in suppressing insurrection or rebellion,
shall not be questioned. The validity of the public.
[Amendments] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , º & © e º e º ſº gº
Debts. No State shall make anything but gold and silver coin a
tender in payment of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Debts and provide for the common defense and general welfare
. of the United States. Congress shall have power to pay
Debts or obligations incurred in aid of insurrection or rebellion
against the United States, or claims for the loss or emanci-
pation of any slave. Neither the United States nor any
State shall assume or pay any. [Amendments]. . . . . . . . . . .
Declare war, grant letters of marque and reprisal, and make rules
concerning captures on land and water. Congress shall
mon. [Preamble] . . . . . . . . . . . . . . . ‘e e s e e s e º 'º e s e s e º 'º e s e e s e s s
Defense and general welfare throughout the United States. Con-
gress shall have power to pay the debts and provide for the
Common. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Defense. In all criminal prosecutions the accused shall have the
assistance of counsel for his. [Amendments]. . . . . . . . . . . . .
Delaware entitled to one Representative in the first Congress. . . .
Delay. No State shall, without the consent of Congress, engage
. in war unless actually invaded, or in such imminent dan-
ger as will not admit of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Delegated to the United States, nor prohibited to the States, are
reserved to the States or to the people. The powers not.
[Amendments] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * * * * * * * * * * * *
Deny or disparage others retained by the people. The enumer-
ation in the Constitution of certain rights shall not be con-
strued to. [Amendments] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Departments upon any subject relating to their duties. The
President may require the written opinion of the principal
Departments. ... Congress may by law west the appointment of in-
ferior Officers in the heads of . . . . . . . . . . . . . . . . . . . . . '• • * * * * * *
Direct taa: shall be laid unless in proportion to the census or
enumeration. No capitation or other. . . . . . . . . . . . . . . . . . . . .
Direct taſves and Representatives, how apportioned among the
- several States. [Repealed by the second section of the four-
teenth amendment, on page 594] . . . . . . . . . . . . . . . . . . . . . . . . .
Disability of the President and Vice-President. Provisions in
case of the . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Disability. No person shall be a Senator or Representative in
Congress, or Presidential elector, or hold any office, civil or
military, under the United States, or any State, who having
previously taken an oath as a legislative, executive, or
judicial officer of the United States, or of any State, to Sup-
port the Constitution, afterwards engaged in insurrection
Or rebellion against the United States. [Amendments] . . .
But Congress may, by a vote of two-thirds of each House,
remove such, [Amendments] , , , , , , , , , , , , , , , , , , , , , , , , , , ,
Art. Sec. Cl. Page.
6
14
14
14
10
5
1()
2
10
3
3
5
5
11
3
5
584
580
592
578
584
5
9
2
5
9
2
5
8
5
APPENDIX.
609
Disagreement between the two Houses as to the time of adjourn-
ment, the President may adjourn them to such time as he
Imay think proper. In gase of... . . . . . . . . . . . . . . . . . . . . . . . .
Disorderly behavior. Each House may punish its members for..
- And with the concurrence of two-thirds expel a member . . . .
Disparage others retained by the people. The enumeration in
the Constitution of certain rights shall not be construed to
deny or. [Amendments] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Disqualification. No Senator or Representative shall, during the
time for which he was elected, be appointed to any office
under the United States which shall have been created or
its emoluments increased during such term. . . . . . . . . . . . . . .
No person holding any office under the United States shall be
a member of either House during his continuance in office.
No person shall be a member of either House, Presidential
elector, or hold any office under, the United States, or any
State, who, having previously sworn to support the Consti-
tution, afterwards engaged in insurrection or rebellion.
[Amendments] . . . . . . . .... • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
But Congress may, by a vote of two-thirds of each House,
remove such disability. [Amendments]. . . . . . . . . . . . . . . . . .
District of Columbia. Congress shall exercise exclusive legisla-
tion in all cases over the . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Dockyards. Congress shall have exclusive authority over all
places purchased for the erection of . . . . . . . . . . . . . . . . . . . . . .
Domestic tranquillity, provide for the common defense, etc. To
insure. [Preamble] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Domestic violence. The United States shall protect each State
against invasion and . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
JDue process of law. No person shall be compelled, in any criminal
case, to be a witness against himself, nor be deprived of life,
liberty, or property without. [Amendments]. . . . . . . . . . . . .
No State shall deprive any person of life, liberty, or property
without. [Amendments] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Duties and powers of the office of President, in case of his death,
removal, or inability to act, shall devolve on the Vice-
President. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .e. e. e. e. e º 'º e º e º ſº º
In case of the disability of the President and Vice-President,
Congress shall declare what officer shall act . . . . . . . . . . . . . .
Duties, imposts, and excises. Congress shall have power to lay
and collect taxes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Shall be uniform throughout the United States . . . . . . . . . . . . .
L)wties shall be laid on articles exported from any State. No
tax or . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Luties in another State. Vessels clearing in the ports of One
State shall not be obliged to pay. . . . . . . . . . . . . . . . . . . . . . . . .
On imports and exports, without the consent of º:
except where necessary for executing its inspection la
No State shall lay any . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Duties on imports or exports. The net produce of all such duties
shall be for the use of the Treasury of the United States. . .
All laws laying such duties shall be subject to the revision
and control of Congress. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Duty of tommage without the consent of Congress. No State shall
lay any . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • * * * * * * * * * B e. e. e. e º tº
E.
JElection of President and Vice-President. Congress may deter-
mine the day for the . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Shall be the same throughout the United States. The day of
the. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Elections for Senators and Representatives. The legislatures of
the States shall prescribe the times, places, and manner of
holding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
But Congress may, at any time, alter such regulations, except
as to the places of choosing Senators. . . . . . . . . . . . . . . . . . . . . .
Elections for Senators and Representatives. Returns and qualifi-
º of its own members. Each House shall be judge
Of the . . . . . . . . . . . . * c e s e º e º 'º e º 'º e º e º e º e º e s e e s e e s e º e s e s is a e º
Flectors for members of the House of Representatives. Qualifi-
cations of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * * * * * * * * * * * . . . . .
WS. -
Art. Sec.
2 3
1 5
1 5
9 —
1 6
1 6
14 3
14 3
1 8
1 8
4 4
5 —
14 1
2 1
2 1
1 8
1 8
1 9
1 9
1 10
1 10
1 10
1 10
2 1
2 1
1 4
1 4
1 5
1 2
Cl. Page.
— 586
2 579
2 579
— 592
2 579
2 579
— 594
— 594
17 582
17 582
— 577
— 589
– 591
—— 594
5 585
5 585
1 580
1 580
5 582
6 582
2 584
2 584
2 584
3 584
3 585
3 585
1 579
1 579
1 579
1 577
39 C S
610 - g APPENDIX.
Electors for President and Vice-President. Each State shall ap-
point, in such manner as the legislature thereof may di-
rect, a number of electors equal to the whole number of
Senators and Representatives to which the State may be
entitled in the Congress. . . . . . . . . . . . . . . . . . . . • * * * * * * * *
But no Senator or Representative, or person holding an office
of trust or profit under the United States, shall be appointed
an elector. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Congress may determine the time of choosing the electors
and the day on which they shall give their votes. . . . . . . . . •
Which day shall be the same throughout the United States. .
The electors shall meet in their respective States and vote by
ballot for President and Vice-President, one of whom, at
least, shall not be an inhabitant of the same State with
themselves. [Aunendments] . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Electors shall name, in their ballots, the person voted for as
President; and in distinct ballots the person voted for as
Vice-President. [Amendments] . . . . . . . . . . . . . . . . . . . . . . . . . .
They shall make distinct lists of the persons voted for as
President and of persons voted for as Vice-President, which
they shall sign and certify, and transmit, Sealed, to the seat
of government, directed to the President of the Senate.
[Amendments] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
No person having taken an oath as a legislative, executive, or
judicial officer of the United States, or of any State, and
afterwards engage in insurrection or rebellion against the
United States, shall be an elector. . . . . . . . . . . . . . . . . . . . • * * * *
But Congress may, by a vote of two-thirds of each House, re-
move such disability. [Amendments] . . . . . . . . . . . . . . . . . . .
Emancipation of any slave shall be held to be illegal and void.
Claims for the loss or... [Amendments] . . . . . . . . . . . . . . . . . .
\ Emit bills of credit. No State shall. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Emolwment of any kind from any king, prince, or foreign state,
without the consent of Congress. No person holding any
office under the United States shall accept any . . . . . . . . . . . .
Enemies. Treason shall consist in levying war against the United
*. States, in adhering to, or giving aid and comfort to their. .
Engagements contracted before the adoption of this Constitution
shall be valid. All debts and . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Enwneration of the inhabitants shall be made within three years
after the first meeting of Congress, and within every subse-
quent term of ten years thereafter . . . . . . . . . . . . . . * * * * * * * * *
Ratio of representation not to exceed one for every 30,000
until the first enumeration shall be made . . . . . . . . . . . . . . . . .
Emſwºmeration in the Constitution of certain rights shall not be con-
strued to deny or disparage others retained by the people.
The [Amendments] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Equal protection of the laws. No State shall deny to any person
within its jurisdiction the. [Amendments]. . . . . . . . . . . . . . .
Equal suffrage in the Senate. No State shall be deprived without
its consent of its. . . . . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Establishment of this Constitution between the States ratifying
the same. The ratification of nine States shall be sufficient
for the . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Eaccessive bail shall not be required, nor excessive fines imposed,
nor cruel and unusual punishments inflicted. [Amend-
ments] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Eaccises. Congress shall have power to lay and collect taxes,
duties, imposts, and. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Shall be uniform throughout the United States. All duties,
imposts, and. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Eacclusive legislation, in all cases, over such district as may be-
come the seat of government. Congress shall exercise. . . .
Eacclusive legislation over all places purchased for the erection of
forts, magazines, arsenals, dockyards, and other needful
buildings. Congress shall exercise . . . . . . . . . . . . . . . . . . . . . e
Eacecutive of a State. The United States shall protect each State
against invasion and domestic violence on the application of
the legislature or the . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Eacecutive and judicial officers of the United States and of the
several States shall be bound by an oath to support the *
Constitution. . . . . . . . . . . . . . . . . . . * e s is e º e s s s e e s e s a e e s is e s e = * *
Eacecutive departments. On subjects relating to their duties the
President may require the written opinions of the principal
Officers in each of the . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. Sec. Cl. Page.
12
12
12
14
14
14
i
2
2
17
17
584
584
585
585
593
593
593
594
594
594
583
583
587
589
578
578
592.
594
589
590
589
589
585
APPENDIX.
611
Eacecutive departments—Continued. -
Congress may by law vest the appointment of inferior officers
in the heads of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Eaecutive power shall be vested in a President of the United
States of America. The . . . . . . . . . * * * * * * * * * * * * * * * * * * * * * * * * * *
Eacpel a member. Each House, with the concurrence of two-
thirds, may . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Eacpenditures of public money shall be published from time to
time. A regular statement of the receipts and . . . . . . . . . . . .
Eacportations from any State. No tax or duty shall be laid on..
Eacports or imports, except upon certain conditions. No State
shall, without the consent of Congress, lay any duties on...
Laid by any State shall be for the use of the Treasury. The
net produce of all duties on. . . . . . . . . . . . . . . . . . ... • * * * * * * * * * * * *
Shall be subject to the revision and control of Congress. All
laws of the States laying duties on. . . . . . . . . . . . . . . . . . . . . . . .
Eac post facto law shall be passed. No bill of attainder or . . . . . . .
Eac post facto law, or law impairing the obligation of contracts.
No State shall pass any bill of attainder. . . . . . . - - - - - - - - - - - * &
Eactraordinary occasions. The President may convene both
|Houses—either House of Congress on. . . . . . . . . . . . . . . . . . . .
F.
Faith, and credit in each State shall be given to the acts, records,
and judicial proceedings of another State. Full. . . . . . . . . .
Felony, and breach of the peace. Members of Congress shall not
be privileged from arrest for treason. . . . . . . . . . . . . . . . . . . . . .
Felonies committed on the high seas. Congress shall have power
to define and punish piracies and . . . . . . . . . . . . . . . . . . . . . . . . .
Fines. Excessive fines shall not be imposed. [Amendments]. . . .
Foreign coin. Congress shall have power to coin money, fix the
standard of weights and measures, and to regulate the
Value of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Foreign mations, among the States, and with the Indian tribes.
Congress shall have power to regulate commerce with. . . . .
Foreign power. No State shall, without the consent of Congress,
enter into any compact or agreement with any . . . . . . . . . . .
Forfeiture, except during the life of the person attainted.
Attainder of treason shall not work. . . . . . . . . . . . . . . . . . . . . .
Formation of new States. Provisions relating to the . . . . . . . . . . .
Form of government. The United States shall guarantee to every
State in this Union a republican. . . . . . . . . . . . . . . . . . . . . . . . . .
And shall protect each of them against invasion; and on appli-
cation of the legislature or of the executive (when the leg-
islature can not be convened), against domestic violence. . . .
Forts; magazines, arsenals, dockyards, and other needful build-
ings. Congress shall exercise exclusive authority over all
places purchased for the erection of, . . . . . . . . . . . . . . . . . . . . . .
Freedom of speech or the press. Congress shall make no law
abridging the [Amendments]. . . . . . . . . . . . . . . . . . . . . . . . . . .
Free State, the right of the people to keep and bear arms shall not
be infringed. A well-regulated militia being necessary to
the Security of a. [Amendments]. . . . . . . . . . . . . . . . . '• • •
Fugitives from crime found in another State shall, on demand, be
delivered up to the authorities of the State from which they
may flee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Fugitives from service or labor in one State, escaping into another
State, shall be delivered up to the party to whom such Serv-
ice Or labor may be due. . . . . . . . . . . . . . . . 'º e s e s e s e e s e e s s e e s e
General welfare and secure the blessings of liberty, etc. To pro-
- mote the. [Preamble]. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
General welfare. Congress shall have power to provide for the
Common defense and . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Georgia shall be entitled to three Representatives in the first Con-
£reSS . . . . . . . . . . . . . . . . ... • * * * * * * * * * * * * * * * *, * * * * * * * * * * * * * * * * *
Gold and silver coin a tender in payment of debts. No State shall
make anything but . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Good behavior. The judges of the Supreme and inferior courts
shall hold their offices during. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Government. The United States shall guarantee to every State in
this Union a republican form of . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. Sec. Cl. Page.
2 2
2, 1
1 5
1 9.
1 9
1 10
1 10
1 10
1 9
1 10
2 3
4, 1
1 6
1 8
8 *mº
1 8
1 8
1 10
3 3
4 3
4 4
4 4
1 8
1 —
2 —
4 2
4 2
1 8
1 2
1 10
3 1
4 4
2;
2
10
:
17
2
585
584
579
583
582
612 . ſ APPENDIX.
Government—Continued. Art. Sec. Cl. Page.
And shall protect each of them against invasion, and on
application of the legislature or of the executive (when the
legislature cannot be convened), against domestic violence. 4 4 – 589
Grand jury. No person shall be held to answer for a capital or -
otherwise infamous crime, unless on the presentment of a.
[Amendments] . . . . . . . . . . . . . . . . . . . . . . . . . 4 * * * * * * * * * * * * * * * * 5 — — 589
Except in cases arising in the land and naval forces, and in
the militia when in actual service. [Amendments] . . . . . . . 5 — — 589
Gwarantee to every State in this Union a republican form of gov- we
ernment. The United States shall. . . . . . . . . . . . . . . . . . . . . . . . 4 4 — 589
And shall protect each of them against invasion; and on
application of the legislature or of the executive (when the
legislature can not be convened), against domestic violence. . 4 4 – 589
H.
[. -
Babeas corpus shall not be suspended unless in cases of rebellion **
Or invasion. The writ Of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 9 2 582
Heads of departments. Congress may, by law, vest the appoint-
ment of inferior Officers in the . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 2 585
On any subject relating to their duties, the President may
require the written opinion of the principal offices in each
of the executive departments. . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
High crimes and misdemeanors. The President, Vice-President,
and all civil officers shall be removed on impeachment for
2
1
5
8
5
and conviction of treason, bribery, or other. . . . . . . . . . . . . . . 2 4 — 586
JHouse of Representatives. Congress shall consist of a Senate and 1 1 — 577
Shall be composed of members chosen every second year. . . 1 2 1 577
Qualifications of electors for members of the . . . . . . . . . . . . . . . . 1 2 1 577
No person shall be a member who shall not have attained
the age of twenty-five years, and been seven years a citizen
of the United States. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2 2 577
The executive Of the several States shall issue writs of election
to fill vacancies in the . . . . . . . . . . . . . . . . . . . . . * * * * * * * * * e º 'º e º a s 1 2 4 578
Shall choose their Speaker and other officers. . . . . . . . . . • * * * * * 1 2 5 578
Shall have the sole power of impeachment, . . . . . . . . . . . . . . . . . 1 2 5 57S
Shall be the judge of the elections, returns, and qualifica-
tions of its own members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 5 1 579
A majority, shall constitute a quorum to do business. . . . . . . 1 5 1 579
Less than a majority may adjourn from day to day, and com-
pel the attendance of absent members. . . . . . . . . . . . . . . . . . . . . 1 5 579
May determine its own rules of proceedings. . . . . . . . . . . . . . . 1 5 2 579
May punish its members for disorderly behavior, and, with
the concurrence of two-thirds, expel a member. . . . . . . . . . . 1 5 2 579
Shall keep a journal of its proceedings. . . . . . . . . . . . . . . . . . . . . . 1 5 3 579
Shall not adjourn for more than three days during the session
of Congress without the consent of the Senate. . . . . . . . . . . . 1 5 4 579
Members shall not be questioned for any speech or debate in
either House or in any other place. . . . . . . . . . . . . . . . . . . . . . . . 1 6 1 579
No person holding any office under the United States shall,
while holding such office, be a member of the . . . . . . . . . . . . 1 6 2 579
No person, while a member of either House, shall be appointed
to an office which shall have been created or the emolu-
ments increased duing his membership. . . . . . . . . . . . . . . . . . . 1 6 2 579
All bills for raising revenue shall Originate in the . . . . . . . . . . . 1 ſ 1 579
The votes for President and Vice-President shall be counted in
the presence of the Senate and. [Amendments]. . . . . . . . . . 12 — — 593
If no person have a majority of electoral votes, then from the
three highest on the list the House of Representatives shall -
immediately, by ballot, choose a President. [Amendments] 12 — — 593
They shall vote by States, each State counting one vote.
[Amendments]. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 — — 593
A quorum shall consist of a member or members from two-
thirds of the States, and a majority of all the States shall be
necessary to the choice of a President. [Amendments]. . . . 12 — — 593
No person having as a legislative, executive, or judicial officer
of the United States, or of any State, taken an oath to sup-
port the Constitution, and afterwards engaged in insurrec-
tion or rebellion against the United States, shall be a mem-
ber of the [Amendments]. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 3 — 594
But Congress may, by a vote of two-thirds of each House,
remove Such disability, [Amendments], , , , , , , , , , , , . . . . . . 14 3 — 594
APPENDIX.
613
I.
sº
Imminent danger as will not admit of delay. No State shall,
without the Consent of Congress, engage in war, unless actu-
ally invaded Or in such. . . . . . . . . . . . . . . . . . . . . . . . . ... • * * * * * * * * * *
Immunities. . Members of Congress shall, in all cases except trea-
son, felony, and breach of the peace, be privileged from
arrest during their attendance at the sesion of their respec-
tive Houses, and in going and returning from the same . . .
No soldier shall be quartered in any house without the con-
sent of the owner in time of peace. [Amendments]. . . . . . .
No person shall be twice put in jeopardy of life and limb for
the same offense. ſº* * * * * * * * * * * * * e º e s p e º 'º e * e
All persons born or naturalized in the United States, and sub-
ject to the jurisdiction thereof, are citizens of the United
States and of the State in which they reside. [Amendments]
No State shall make or enforce any law which shall abridge
the privileges or immunities of citizens of the United States.
[Amendments]. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Nor shall any State deprive any person of life, liberty, or
property" without due process of law. [Amendments] . . . . .
Nor deny to any person within its jurisdiction the equal pro-
tection of the laws. [Amendments]. . . . . s e º e º e º e º e s a s s e e is
Impeachment. The President may grant reprieves and pardons
except in cases of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The House of Representatives shall have the sole power of...
The trial of all crimes shall be by jury, except in cases of . . . .
Impeachment for and conviction of treason, bribery, and other
high crimes and misdemeanors. The President, Vice-Pres-
ident, and all civil officers shall be removed upon . . . . . . . . .
Impeachments. The Senate shall have the sole power to try all...
The Senate shall be on oath, or affirmation, when sitting for
the trial of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
When the President of the United States is tried the Chief
Justice shall preside. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
No person shall be convicted without the concurrence of two-
thirds of the members present. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Judgment shall not extend beyond removal from office and
disqualification to hold office . . . . . . . . . . . . . . . . . . . . . . . . . . .
But the party convicted shall be liable to indictment and pun-
ishment according to law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Importation of slaves prior to 1808 shall not be prohibted by
the Congress . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
But a tax or duty of ten dollars for each person may be im-
posed on such. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Imports or eacports except what may be absolutely necessary for
executing its inspection laws. No State shall, without the
consent of Congress, lay any imposts or duties on. . . . . . . . .
Imports or eacports laid by any State shall be for the use of the
Treasury. The net produce of all duties on. . . . . . . . . . . . . . .
Imports or eacports shall be subject to the revision and control of
Congress. All laws of States laying duties on . . . . . . . . . . . .
Imposts and eaccises. Congress shall have power to lay and col-
lect taxes, duties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Shall be uniform throughout the United States. All taxes,
duties . . . . . . . . . . . . . . . . . . . . . . . . . * * * * * * * * * * * * * > * * * * * * tº e º 'º º
Imability of the President, the powers and duties of his office shall
devolve on the Vice-President. In case of the death, resig-
nation, or . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Imability of the President or Vice-President. Congress may pro-
vide by law for the case of the removal, death, resignation,
l' . . . . . . . . . . . . . . ‘. e º e º & a e e s e º e s e a tº º e º ſº e e º º . . . . . . . . . . . . . . .
Indian tribes. Congress shall have power to regulaté commerce
With the . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Indictment or presentment of a grand jury. No person shall be
held to answer for a capital or infamous crime unless On.
[Amendments] . . . . . . * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Indictment. Except in cases arising in the land and naval and
in the militia, when in actual service. [Annendments]. . . . .
Indictment, trial, judgment, and punishment, according to law.
The party convicted in case of impeachment shall never-
theless be liable and subject to. . . . . . . . . . . . . . . . . . . . . . . . . . .
Infamous crime unless on presentment or indictment of a grand
iury. No person shall be held to answer for a capital Or.
[Amendments] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. Sec.
1 10
| 6
3 —
5 —
14 1
14 1
14 1
14 1
2 2
1 2
3 2
2 4
1 3
1 3
1 3
1 .. 3
1 3
1 3
1 9
1 9
1 10
1 10
1 10
1 8
1
2 1
2 1
1 8
5 —
5 —
1 3
5 —
11776Ö66;
.
5
614 - - APPENDIX.
- - Art. Sec. Cl. Page.
Inferior courts. Congress shall have power to constitute tribu-
nals inferior to the Supreme Court . . . . . . . . . . . . . . . . . . . . . . 1 8 9 581
Inferior cowrts as Congress may establish. The judicial power - -
of the United States shall be vested in one Supreme Court
andosuch . . . . . . . . . . . . ... • - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 3 1 — 586
The judges of both the Supreme and inferior courts shall hold
their offices during good behavior. . . . . . . . . . . . . . . . . . . . . . . 3 1 — 586
Their compensation shall not be diminished during their con-
tinuance in office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1 — 586
Inferior officers in the courts of law, in the President alone, or in
the heads of departments. Congress, if they think proper, -
may by law vest the appointment of . . . . . . . . . . . . . . . . . . . . . . 2 2 2 585
Inhabitant of the State for which he shall be chosen. No person
shall be a Senator who shall not have attained the age of
thirty years, being nine years a citizen of the United States,
and who shall not, when elected, be an . . . . . . . . . . . . . . . . . . . . 1 3 3 578
Iusurrection or rebellion against the United States. No person
shall be a Senator or Representative in Congress, or Presi-
dential elector, or hold any office, civil or military, under
the United States, or any State, who, having taken an oath
as a legislative, executive, or judicial officer of the United
States, or of a State, afterwards engaged in. [Amend-
ments] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 3 — 594
But Congress may, by a vote of two-thirds of each House, re-
move such disabilities. [Amendments] . . . . . . . . . . . . . . . . . . . 14 3 – 594
Debts declared illegal and void which were contracted in aid
of. [Amendments]. . . . . . . . , e = * * * * * * * * * * * * * * * * * * * * * * * * * * * 14 4 — 594
Insurrections andl repel invasions. Congress shall provide for
Calling forth the militia to suppress . . . . . . . . . . . . . . . . . . . . . . 1 8 15 581
Invasion. No State shall, without the consent of Congress,
engage in war unless actually invaded, or in such imme-
diate danger as will not admit of delay . . . . . . . . . . . . . . . . . . . 1 10 3 584
Invasion. The writ of habeas corpus shall not be suspended -
unless in Gase of rebellion or . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 9 1 582
Invasion and domestic violence. The United States shall protect
each State against . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4 – 589
Invasions. Congress shall provide for calling forth the militia to
Suppress insurrections and repel. . . . . . . . . . . . . . . . . . . . . . . . . . . 1 8 15 581
Inventors and authors in their inventions and writings. Con- -
gress may pass laws to secure for limited times exclusive
rights to . . . . . . . . . . . . . . . . . . e s • * * * * * * * * * * * * * * * . * * * * * * * * * * * 1 8 8 581
Involuntary Servitude, except as a punishment for crime, abol-
ished in the United States. Slavery and. [Amendments]. 13 -1 — 593
J.
Jeopardy of life and limb for the same offense. No person shall -
be twice put in. [Amendments] . . . . . . . . . . . . . . . . . . . . . . . . . 5 — — 591
Jowrmal of its proceedings. Each House shall keep a . . . . . . . . . . . . 1 5' 3 579
Judges in every State shall be bound by the Constitution, the laws
and treaties of the United States, which shall be the t
" . Supreme law of the land . . . . . . . . . . . . . . . . . . . . . . . . . • e s tº e º 'º e - 6 — 2 589
Judges of the Supreme and inferior courts shall hold their offices
during good behavior. . . . . . . . . ... • - * * * * * * * * * * * * * * * * * * * * * * * * * 3 1 — 586
Their compensation shall not be diminished during their con- -
tinuance in office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1 — 586
Judgment in cases of impeachment shall not extend further than
to removal from office, and disqualification to hold any
office of honor, trust, or profit under the United States. ... 1 3 7 578
But the party convicted shall nevertheless be liable and sub-
ject to indictment, trial, judgment, and punishment accord-
ing to law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 3 7 578
Judicial power of the United States. Congress shall have power
to constitute tribunals inferior to the Supreme Court. . . . . 1 8 9 581
The judicial power of the United States shall be vested in one
Supreme Court, and in such inferior courts as Congress
may from time to time ordain and establish . . . . . . . . ... . . . . 3 1 — 586
The judges of the Supreme and inferior courts shall hold their
Offices during good behavior . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1 — 586
Their compensation shall not be diminished during their con-
tinuance in office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1 — 586
It shall extend to all cases in law and equity arising under
the Constitution, laws, and treaties of the United States. .. 3 2 1 586
To all cases affecting ambassadors, other public ministers, and -
Consuls. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .* * * * * * * * * * * * * * * * * 3 2 1 586
APPENDIX.
615
tº
Judicial power of the United States—Continued.
To all cases of admiralty and maritime jurisdiction . . . . . . . .
To controversies to which the United States shall be a party.
To controversies between two or more States . . . . . . . . . . . . . . .
Tº ºverse between a State and citizens of another
* State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
To controversies between citizens of different States . . . . . . . .
To citizens of the same State claiming lands under grants of
different States . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
To controversies between a State or its citizens and foreign
States, citizens, or subjects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In all cases affecting ambassadors, other public ministers, and
consuls, and those in which a State shall be a party, the
Supreme Court shall have original jurisdiction. . . . . . . . . . . .
In all other cases before mentioned it shall have appellate
jurisdiction, both as to law and fact, with such exceptions
and under such regulations as Congress shall make. . . . . . .
The trial of all crimes, except in cases of impeachment, shall
be by jury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The trial shall be held in the State where the crimes shall
have been committed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - * * * *
But when not committed in a State, the trial shall be at such
place or places as Congress may by law have directed. . . . .
The judicial power of the United States shall not be held to
extend to any suit in law or equity commenced or prose-
cuted against one of the United º by citizens of another
State, or by citizens or subjects of any foreign state.
[Amendments] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .... • * *
Judicial proceedings of every other State. Full faith and credit
shall be given in each State to the acts, records, and . . . . . .
Congress shall prescribe the manner of proving such acts,
records, and proceedings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Judicial and executive officers of the United States and of the
several States shall be bound by an oath to support the Con-
stitution. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s & e º e º e s is a º e º e s e
Judiciary. The Supreme Court shall have original jurisdiction
in all cases affecting ambassadors, other public ministers, and
consuls, and those in which a State may be a party. . . . . . .
The Supreme Court shall have appellate jurisdiction both as
to law and fact, with such exceptions and regulations as
Congress may make. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Junction of two or more States or parts of States without the con-
sent of the legislatures and of Congress. No State shall be
formed by the . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Jurisdiction of another State. No new State shall, without the
consent of Congress, be formed or erected within the . . . . . .
Jurisdiction, both as to law and fact, with such exceptions and
under such regulations as Congress may make. The
Supreme Court shall have appellate. . . . . . . . . . . . . . . . . . . . . . .
Jurisdiction. In all cases affecting ambassadors, and other pub-
lic ministers and consuls, and in cases where a State is a
party, the Supreme Court shall have Original. . . . . . . . . . . . . .
Jury. The trial of all crimes, except in cases of impeachment,
shall be by. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In all criminal prosecutions the accused shall have a speedy
and public trial by. [Amendments]. . . . . . . . . . . . . . . . . . . . . .
All suits at common law, where the value exceeds twenty
dollars, shall be tried by. ſº s e e º e g º e º e s = e < * *
Where a fact has been tried by a jury it shall not be reexam-
ined except by the rules of the common law. [Amend-
ments] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Just compensation. Private property shall not be taken for pub
lic use without. [Amendments]. . . . . . . . . . . . . . . . . . . . . . . . .
* domestic tranquillity, etc. To establish. [Pream-
ble] . . . . . . . . . . . . ... e. e s e º e s e e s e e s e e < e < e < e < e < e < e < * * * * * * * * * * * *
Labor, in one State, escaping into another State, shall be deliv-
ered up to the party to whom such service or labor may be
due. Fugitives from service Or. . . . . . . . . . . . . . . . . . . . . . . . . . .
Land and naval forces. Congress shall make rules for the govern-
ment and regulation of the . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Law and fact, with exceptions and under regulations to be made
by Congress. The Supreme Courtshall have appellate juris-
diction as to. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 2
3 2
3 2
3 2
3 2
3 2
3, 2
3 2
3 2
3 2
3 2
3 2
11 —
4 1
4 1
6 --
3 2
3 2
4 3
4 3
3 2
3 2
3 2
6 -
7 -->
7 *
5 -
4 2
1 8
3 2
1
1
1
1
1
2
2
3
2
2
2
14
2
Art. Sec. Cl. Page.
586
586
586
586
586
586
586
587
587
587
587
587
587
587
588
588
587
588
581
616
APPENDIX.
º,
Law of the land. The Constitution, the laws made in pursuance
thereof, and treaties of the United States, shall be th
Supreme. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . & g
The judges in every State shall be bound thereby . . . . . . . . . . .
Law of nations. Congress shall provide for punishing offenses
against the . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Laws. Congress shall provide for calling forth the militia to sup-
press insurrection, repel invasion, and to execute the . . . . . .
Laws and treaties of the United States. The judicial power shall -
extend to all cases in law and equity arising under the Con-
stitution or the . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Laws necessary to carry into execution the powers wested in the
Government, or in any department or officer of the United
States. Congress shall make all. . . . . . . . . . . . . . . . . . . . . . . .
Legal tender in payment of debts. No State shall make anything
but gold and silver coin a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Legislation in all cases over such district as may become the seat
of government. Congress shall exercise exclusive. . . . . . . . .
Over all places purchased for the erection of forts, magazines,
arsenals, dockyards, and other needful buildings. Con-
gress shall exercise exclusive. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Legislation. Congress shall have power to make all laws neces-
sary and proper for carrying into execution all the powers
wested by the Constitution in the Government of the United
States, or in any department or officer thereof. . . . . . . . . . . . .
Legislation. Congress shall have power to enforce the thirteenth
amendment by appropriate, [Amendments]. . . . . . . . . . . . .
Congress shall have power to enforce the fourteenth amend-
ment by appropriate. [Amendments]. . . . . . . . . . . . . . . . . . . .
Congress shall have power to enforce the fifteenth amend-
ment by appropriate. [Amendments]. . . . . . . . . . . . . . . . . . . .
Legislºe powers herein granted shall be vested in Congress.
Legislature, or the eacecutive (when the legislature can not be con-
vened). The United States shall protect each State against
invasion and domestic violence, on the application of the . .
Legislatures of two-thirds of the States, Congress shall call a con-
vention for proposing amendments to the Constitution. On
the application of the . . . . . . . . . . . . . . . . . . . . . . . . . * * g e º e s e º $ tº &
Letters of marque and reprisal. Congress shall have power to
grant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Letters of marque and reprisal. No State shall grant. . . . . . . . . . .
Liberty to ourselves and our posterity, etc. To secure the bless-
ings of. [Preamble]. . . . . . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Life, liberty, and property without due process of law. No per-
Son shall be compelled in any criminal case to be a witness
against himself, nor be deprived of. [Amendments]. . . . . .
No State shall abridge the privileges or immunities of citizens
of the United States, nor deprive any person of. [Amend-
ments] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Life or limb for the same offense. No person shall be twice put
in jeopardy of [Amendments] . . . . . . . . . . . . . . . . . . . . . . . . . .
Loss or emancipation of any slave shall be held illegal and void. .
Claims for the [Amendments] . . . . . . . . . . . . . . . . . . . . . . . . .
M.
Magazines, arsenals, dockyards, and other needful buildings.
Congress shall have exclusive authority over all places pur-
chased for the erection of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
* * * * * * * * * * * * * * * * * * * * * * * * * * = e s = * * * * * * * * * * * * * * * e º $ tº e s e º e
may be authorized to compel the attendance of absent
members . . . . . . . . . . . . . . . . . . . . ... e º 'º e s is s : * g tº e º a • * e s º g º is e s ∈ & e
Majority of all the States shall be necessary to a choice. When
the choice of a President shall devolve on the House of
Representatives, a quorum shall consist of a member or
members from two-thirds of the States; but a. [Amend-
ments] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
When the choice of a Vice-President shall devolve on the Sen-
ate, a quorum shall consist of two-thirds of the whole num-
ber of Senators, and a majority of the whole number shall
be necessary to a choice. [Amendments]. . . . . . . . . . . . . . .
Maritime jurisdiction. The judicial power shall extend to all
cases of admiralty and . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. Sec.
6 —
6 —
1 8
1 8
3 2
1 8
1 10
1 8
1 8
1 8
13 2
14 5
15 2
1 1
4 4
5 —
1 8
1 10
14 1
5 —
14 4
1 8
1 5
1 5
12 —
12 —
3 2
Cl. Page.
2 589
2 589
10 581
15 581
1 586
18 582
1 583
17 582
17 582
18 582
— 593
— 594
— 595
— 577
— 589
— 589
11 581
1 583
— 577
— 591
— 594
— 591
— 594
17 582
1 579
1 579
— 593
— 593
1 586
APPENDIX.
617
Marqugana reprisal. Congress shall have power to grant letters
No Stateshail grant any iétters of ... ......................
Maryland entitled to six Representatives in the first Congress . . .
Massachusetts entitled to eight Representatives in the first Con-
£reSS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Measures. Congress shall fix the standard of weights and . . . . . .
Meeting of Congress. The Congress shall assemble at least once
in 3 very year, and such meetings shall be on the first Mon-
day i. December, unless they shall by law appoint a differ-
ent day . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Members of Congress and of State legislatures shall be bound by
Oath or affirmation to support the Constitution. . . . . . . . . . . .
Militia to execute the laws, suppress insurrections, and repel in-
vasions. Congress shall provide for calling forth the . . . . .
Congress shall provide for Organizing, arming, and disciplin-
ing the . . . . . . . . . . . . . . . . . . . . . . . • * * * * * * * * * * * * * * * * * * * * * * * * *
Congress shall provide for governing such part of them as
may be employed by the United States. . . . . . . . . . . . . . . . . . g
Reserving to the States the appointment of the officers and
the right to train the militia according to the discipline
prescribed by Congress. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A well-regulated militia being necessary to the security of a
free State, the right of the people to keep and bear arms
shall not be infringed. [Amendments]. . . . . . . . . . . . . . . . . . .
Misdemeanors. The President, Vice-President, and all civil offi-
cers shall be removed on impeachment for and conviction
of treason, bribery, or other high crimes and . . . . . . . . . . . . .
Money on the credit of the United States. Congress shall have
power to borrow. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Regulate the value thereof and of foreign coin. Congress
shall have power to coin . . . . . . . . . * * * * * * * * g e s tº e º 'º tº e º & e º e s &
Shall be drawn from the Treasury but in consequence of ap-
propriations made by law. No . . . . . . . . . . . . . . . . . . . . . . . . .
Shall be published from time to time. A regular statement
and account of receipts and expenditures of public. . . . . . . .
For raising and supporting armies. No appropriation of
money shall be for a longer term than two years. . . . . . . . . .
N.
Nations. Congress shall have power to regulate commerce with
foreign. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Congress shall provide for punishing offenses against the law
of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . .
Natural-born citizen, or a citizen at the adoption of the Constitu-
tion, shall be eligible to the office of President. No person
eXcept a. . . . . . . * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * s = e e e
Naturalization. Congress shall have power to establish a uni-
form rule of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * * * * g e is º e
Naturalized in the United States, and subject to their jurisdic-
tion, shall be citizens of the United States and of the States
in which they reside. All persons born, or. [Amend-
ments] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Naval forces. Congress shall make rules and regulations for th
government and regulations of the land and . . . . . . . . . . . . . •
Navy. Congress shall have power to provide and maintain a . . . .
New Hampshire entitled to three Representatives in the first Con-
91 CSS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
New Jersey entitled to four Representatives in the first Congress.
New States may be admitted by Congress into this Union. . . . . . . .
But no new State shall be formed within the jurisdiction of
another State without the consent of Congress . . . . . . . . . . . .
Nor shall any State be formed by the junction of two or
more States, or parts of States, without the consent of the
legislatures and of Congress . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
New York entitled to six Representatives in the first Congress. . . .
Nobility shall be granted by the United States. No title of . . . . . .
No State shall grant any title of . . . . . . . . . . . . . . . . . . . . . . . . . .
Nominations for office by the President. The President shall
nominate, and, by and with the advice and consent of the
Senate, shall appoint ambassadors and other public officers.
He may grant commissions to fill vacancies that happen iri
the recess of the Senate, which shall expire at the end of
their next session . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. Sec. Cl. Page.
1
1.
1
8
10
2
3:
1
i
2
2
11
:;
5
10
i
2
581
583
578
578
581
591
586
618
APPENDIX.
North Carolina entitled to five Representatives in the first Con-
gress w - - -
Number of electors for President and Vice-President in each State
shall be equal to the number of Senators and Representa-
tives to which such State may be entitled in Congress. . . . .
O.
Oath of office of the President of the United States. Form of the.
Oath or affirmation. No warrants shall be issued but upon prob-
able cause, supported by. [Amendments] . . . . . • - - - - - - - - - -
Oath or affirmation to support the Constitution. Senators and
Representatives, members of State legislatures, executive
and judicial officers of the United States and of the several
States, shall be bound by. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
But no religious test shall ever be required as a qualification
for office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Senators when sitting to try impeachment shall be on. . .
Objections. If he shall not approve it, the President shall return
the bill to the House in which it originated with his. . . . . . .
Obligation of contracts. No State shall pass any eac post facto
law, or law imparing the . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Obligations incurred in aid of insurrection or rebellion against the
United States to be held illegal and void. All debts Or.
[Amendments] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Offense. No person shall be twice put in jeopardy of life or linb
for the same. [Amendments] . . . . . . . . . . . . . . . . . . . . . . . . .
Offenses against the law of mations. Congress shall provide for
punishing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Offenses against the United States, except in cases of impeach-
ment. The President may grant reprieves or pardons for.
Office under the United States. No person shall be a member of
either House while holding any civil . . . . . . . . . . . . . . . . . . . . . .
No Senator or Representative shall be appointed to any office
under the United States which shall have been Created, or
its emoluments increased, during the term for which he is
elected . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Or title of any kind from any king, prince, or foreign state,
without the consent of Congress. No person holding any
office under the United States shall accept of any present,
emolument. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Office of President, in case of his removal, death, resignation, or
inability, shall devolve on the Vice-President. The powers
and duties of the . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
During the term of four years. The President and Vice-
President shall hold. . . . . . . . . ... • - - - - - - - - - - - - - - - - - - - - - - - - -
Of trust or profit under the United States shall be an elector
for President and Vice-President. No person holding an . .
Office, civil or military under the United States, or any State, who
had taken an oath as a legislative, executive, or judicial
officer of the United States, or of any State, and afterwards
engaged in insurrection or rebellion. No person shall be a
Senator, Representative, or Presidential elector, or hold any.
[Amendments] . . . . . . . . . . . . . . . . . . . . . . . . .* * * * * * * * * * * * * * * * * *
Officers in the President alone, in the courts of law, or in the heads
of departments. Congress may vest the appointment of
inferior . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • * * * * * *
Officers of the United States shall be removed on impeachment for
and conviction of, treason, bribery, or other high crimes and
misdemeanors. The President, Vice-President, and all civil.
Thºuse of Representative shall choose their Speaker and
other. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Senate, in the absence of the Vice-President, shall choose
a President pro tempore, and also their other. . . . . . . . . . . .
Offices becoming vacant in the recess of the Senate may be filled
by the President, the commissions to expire at the end of
the next session. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Ome-fifth of the members present, be entered on the journal of
each House. The yeas and nays shall, at the desire. . . . . . .
Art. Sec. Cl. Page.
1
14
9
&
Opinion of the principal officers in each of the executive depart-
ments on any subject relating to their duties. The Presi-
dent may require the written. . . . . . . . . . . . . . . . * * * * * * * * * * * * *
Order, resolution, or vote (except on a question of adjournment),
requiring the concurrence of the two Houses, shall be pre-
sented to the President. Every. . . . . . . . . . . . . . . ... e. e. e. e. e. tº s e º e
2
1
1
2
3
7
2
3
.
1
578
589
589
578
579
583
579
588
585
584
584
594
APPENDIX.
619
#
Original jurisdiction, in all cases affecting ambassadors, other
public ministers, and consuls, and in which a State may be
a party. The Supreme Court shall have. . . . . . . . . . . . . . . . . . .
Overt act, or on confession in open court. Conviction of treason
shall be on the testimony of two witnesses to the . . . . . . . . .
P.
Pardoms, except in cases of impeachment. The President may
grant reprieves and . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Pattent rights to inventors. Congress may pass laws for securing. .
Peace. Members of Congress shall not be privileged from arrest
for treason, felony, and breach of the . . . . . . . . . . . . . . . . . . . . .
No State shall, without the consent of Congress, keep troops
Or ships of war in time of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
No soldier shall be quartered in any house without the con-
sent of the owner in time of. [Amendments] . . . . . . . . . .
Pensions and bowmties shall not be questioned. The validity of
the public debt incurred in suppressing insurrection and
rebellion against the United States, including the debt
for. [Amendments] . . . . . . . . . . . . * * * * * * * * * * * * g. * - - - - - - - - - - -
Pennsylvania entitled to eight Representatives in the first Congress.
People, peaceably to assemble and petition for redress of griev-
ances shall not be abridged by Congress. The right of
the. [Amendments] . . . . . . . * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
To keep and bear arms shall not be infringed. A well-regu-
lated militia being necessary to the security of a free State,
the right of the. [Amendments] . . . . . . . . . . . , a tº e º ºs & © e º e º sº e
To be secure in their persons, houses, papers, and effects
against unreasonable searches and seizures shall not be vio-
lated. The right of the [Amendments] . . . . . . . . . . . . . . . . .
People. The enumeration of certain rights in the Constitution shall
not be held to deny or disparage others retained by the.
[Amendments] -
Powers not delegated to the United States, nor prohibited to
the States, are reserved to the States or to the. [Amend-
ments] . . . . . . . . . . . . . . . . . . . * - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Perfect Union, etc. To establish a more. [Preamble] . . . . . . . . . .
Persons, houses, papers, and effects against unreasonable searches
and seizures. The people shall be secure in their. [Amend-
ments] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
• * e º sº e s a e < * * * * * * * * * * * * * tº s = e < * * * * * * * * * * * * *
Art. Sec. Cl. Page.
3
3
Persons as any State may think proper to admit, shall not be pro-
hibited prior to 1808. The migration or importation of
such . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
But a tax or duty of $10 shall be imposed on the importation
of each of such . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Petition for the redress of grievances. Congress shall make no
law abridging the right of the people peaceably to assemble
and to. [Amendments] . . . . . . . . . . . . * * g e & e e º e º e e ºs e = e º a . . .
Piracies and felonies committed on the high seas. Congress
* Shall define and punish. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Place than that in which the two Houses shall be sitting. Neither
House during the session shall, without the consent of the
Other, adjourn for more than three days, nor to any other. .
Places of choosing Senators. Congress may by law make or alter
regulations for the election of Senators and Representatives,
except as to the . . . . . . . . . . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Ports of one State over those of another. Preference shall not be
given by any regulation of commerce or revenue to the . . . .
Ports. Vessels clearing from the ports of one State shall not pay
duties in another . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
JPost-Offices and post-roads. Congress shall establish. . . . . . . . . . . .
Powers herein granted shall be vested in Congress. All legisla-
tive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Powers wested by the Constitution in the Government or in any
department or officer of the United States. Congress shall
make all laws necessary to carry into execution the . . . . . .
Powers and duties of the Office shall devolve on the Vice-Presi-
dent, on the removal, death, resignation, or inability of the
President. The . . . . . . . . . . . . . . . * * * * * * e s = e º e e s as e º " e s e < e < * *
Powers not delegated to the United States nor prohibited to the
sº reserved to the States and to the people. [Amend-
Ident Si . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... ſº
The enumeration of certain rights in this Constitution shall
not be held to deny or disparage others retained by the peo-
ple. [Amendments]. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e s - e.
2
10
2
3
:
:
2 587
1 587
1 585
8 581
1 579
3 584
— 591
— 594
3 578
— 591
— 591
— 591
— 592
— 592
— 577
— 591
1 582
1 582
— 591
10 581
4 579
1 579
6 582
6 582
7 581
— 577
18 582
5 585
— 592
— 592
620
APPENDIX.
Preference, by any regulation of commerce or revenue, shall not
be given to the ports of one State over those of another . . .
Prejudice any claims of the United States or of any particular
State in the territory or property of the United States.
- - Nothing in this Constitution shall. . . . . . . . . . . . . . . . . . . . . . .
Present, emolument, office, or title of any kind whatever from
any king, prince, or foreign State. No person holding any
office under the United States shall, without the consent of
Congress, accept any . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Presentment or indictment of a grand jury, except in cases aris-
ing in the land or naval forces, or in the militia when in
actual service. No person shall be held to answer for a cap-
ital or otherwise infamous crime unless on a. [Amend-
ments! . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
President of the United States. The Senate shall choose a Presi-
dent pro tempore when the Vice-President shallexercise the
office Of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Chief Justice shall preside upon the trial of the . . . . . . . . .
Shall approve and sign all bills passed by Congress before they
shall become laws. . . . . . . . . . . . . . . . . * * * * * * * * * * * * * * * * * * … e º e & Cº.
Shall return to the House in which it originated, with his
objections, any bill which he shall not approve. . . . . . . . . . .
If not returned within ten days (Sundays excepted), it shall
become a law, unless Congress shall adjourn before the expi-
ration of that time. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Every order, resolution, or vote which requires the concur-
rence of both Houses, except on a question of adjournment,
shall be presented to the . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
If disapproved by him, shall be returned and proceeded on as
in the case of a bill. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The executive power shall be vested in a. . . . . . . . . . . . . . . . . . . .
He shall hold his office during the term of four years. . . . . . . .
In case of the removal of the President from office, or of his
death, resignation, or inability to discharge the duties of
his office, the Vige-President shall perform the duties of...
Congress may declare, by law, in the case of the removal,
death, resignation, or inability of the President, what officer
shall act as . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The President shall receive a compensation which shall not be
increased nor diminished during his term, nor shall he
receive any other emolument from the United States. . . . . .
Before he enters upon the execution of his office he shall take
an Oath of Office. . . . . . . . . . . . . . º e g is a e s s e º e e s e º e º e º is tº e & º e & 8 º'
Shall be Commander in Chief of the Army and Navy and of
the militia of the States when called into actual service. . . .
He may require the opinion, in writing, of the principal officer
in each of the executive departments. . . . . . . . . . . . . . . . . . . . .
He may grant reprieves or pardons for offenses, except in
cases of impeachment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
He may make treaties, by and with the advice and consent of
the Senate, two-thirds of the Senators present concurring. .
He may appoint, by and with the advice and consent of the
Senate, ambassadors, other public ministers, and consuls,
judges of the Supreme Court, and all other officers whose
appointments may be authorized by law and not herein pro-
Vided for. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Congress may west the appointment of inferior officers in the . .
He may fill up all vacancies that may happen in the recess of
the Senate by commissions, which shall expire at the end of
their next session. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
He shall give information to Congress of the state of the
Union, and recommend measures. . . . . . . . . . . . . . . . . . . . . . . .
On extraordinary occasions he may convene both Houses or
either House of Congress. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In case of disagreement between the two Houses as to the
time of adjournment, he may adjourn them to such time as
he may think proper. . . . . . . . . . . . . . . . . . . . . • - - - - - - - - - - - - - - -
He shall receive ambassadors and other public ministers. . . .
He shall take care that the laws be faithfully executed. . . . . .
He shall commission all the officers of the United States . . . .
On impeachment for, andā conviction of, treason, bribery, or
Other high crimes and misdemeanors, shall be removed
from office. The . . . . . . . . . . . * * * * * * * * * * * * * * * * > * * * * * g e e g º 'º º º
No person except a natural-born citizen, or a citizen of the
|United States at the adoption of the Constitution, shall be
eligible to the office of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. Sec. Cl. Page.
1
2
;
:
9
7
|
222
2
;
2
i
6
322:
5
5
º
582
588
578
578
579
579
579
580
580
584
584
585
586
585
APPENDIX. **. 621
President of the United States—Continued. * - Art. Sec. CI. Page.
No person who shall not have attained the age of thirty-five
years and been fourteen years a citizen of the United States
shall be eligible to the Office of. . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1 4 585
President and Vice-President. Manner of choosing. Each State,
by its legislature, shall appoint a number of electors equal
to the whole number of Senators and Representatives to -
which the State may be entitled in the Congress . . . . . . . . . . 2 1 2 584
No Senator or Representative or person holding an office of -
trust or profit under the United States shall be an elector. 2 1 2 584
Congress may determine the time of choosing the electors.
and the day on which they shall give their votes, which day
shall be the same throughout the United States. . . . . . . . . . . 2 1 3 585
The electors shall meet in their respective States and vote by
ballot, for President and Vice-President, one of whom, at
least, shall not be an inhabitant of the same State with
themselves. [Amendments] . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 — — 593
They shall name in distinct ballots the person voted for as
President and the person voted for as Vice-President.
[Amendments] . . . . . . . . . . . . s e e s e e s a tº ... . . . . . . . . . . . . . . . . . . . 12 — — 593
They shall make distinct lists of the persons voted for as Presi-
dunt and as Vice-President, which they shall sign and
certify and transmit sealed to the President of the Senate
at the seat of government. [Amendments] . . . . . . * < e < e < * * * 12 — — 593
The President of the Senate shall, in the presence of the Sen-
ate and House of Representatives, Open all the certificates
and the votes shall then be counted. [Amendments], . . . . . 12 — — 593
The person having the greatest number of votes shall be the
President, if such number be a majority of the whole num-
ber of electors appointed. [Amendments] . . . . . . . . . . . . . ... 12 — — 593
If no person have such majority, then from the persons hav-
ing the highest numbers, not exceeding three, on the list of
those voted for as President, the House of Representatives
shall choose immediately, by ballot, the President. [Amend-
ments.]. . . . . . . . . . . . . . . . . . . e º e s e e s e e s e < * * * * * * * * * * * * * * * * * * * 12 — — 593
In choosing the President, the votes shall be taken by States,
the representation from each State having one vote.
[Amendments] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • * * * * * * 12 — — 593
A quorum for this purpose shall consist of a member or
members from two-thirds of the States, and a majority of
all the States shall be necessary to a choice. [Amendments] 12 — — 593
But if no choice shall be made before the 4th of March next
following, then the Vice-President shall act as President, as
in the case of the death or disability of the President.
- [Amendments] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 — — 593
President of the Senate, but shall have no vote unless the Senate
be equally divided. The Vice-President shall be . . . . . . . . . 1 3 4 578
President pro tempore. In the absence of the Vice-President the
Senate shall choose a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 3 5 57S
When the Vice-President shall exercise the office of President
of the United States, the Senate shall choose a . . . . . . . . . .... 1 3 5 578
Press. Congress shall pass no law abridging the freedom of
speech or of the [Amendments]. . . . . . . . . . . . . . . . . . . . . . . . . 1 — — 591
Previous condition of servitude. The right of citizens of the
TJnited States to vote shall not be denied or abridged by the
United States, or by any State, on account of race, color, Or.
[Amendments] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 1 — 595
Private property shall not be taken for public use without just
compensation. [Amendments]... . . . . . . . . . . . . . . . . . . . . . . . . 5 — — 591
Privilege. Senators and Representatives shall, in all cases except
treason, felony, and breach of the peace, be privileged from
arrest during their attendance at the session of their respec-
tive Houses, and in going to and returning from the same , 1 6 1 579
They shall not be questioned for any speech or debate in either
House in any other place. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 6 1 579
Privileges and immunities of citizens of the United States. ... The
citizens of each State shall be entitled to all the privileges
and immunities of the citizens of the Several States. . . . . . . . 4 2 1 588
No soldiershall be quartered in any house without the consent
of the ower in time of peace. [Amendments]. . . . . . . • - - - - - 3 — — 591
No person shall be twice put in jeopardy of life and limb for
the same offense. [Amendments]. . . . . . . . . . . . . . . . . . . . . . . . 5 — — 591
All persons born or naturalized in the United States, and sub-
ject to the jurisdiction thereof, are citizens of the United .
States and of the State in which they reside. [Amendments]. 14 1 – 594
622
APPENDIX.
Privileges and immwnities of citizens of the United States—Con-
tinued. r
No State shall make or enforce any law which shall abridge
the privileges or immunities of citizens of the United States
[Amendments]. . . . . . . . . . . . . . . . .* * * * * * * * * * * •. • * * * * * * * * * * * * * *
No State shall deprive any person of life, liberty, or property
without due process of law. [Amendments]. . . . . . . . . . . . . .
Nor deny to any person within its jurisdiction the equal pro-
tection of its laws. [Amendments] . . . . . . . . . . . . . . . . . . . . . . .
Prizes captured on land or water. Congress shall make rules con-
Cerning. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Probable cause. The right of the people to be secure in their
persons, houses, papers, and effects, against unreasonable
searches and seizures, shall not be violated, and no warrant
shall issue for such but upon. [Amendments]. . . . . . . . . . . .
Process of law. No person shall be compelled in any criminal
case to be a witness against himself, nor be deprived of life,
liberty, or P. without due. [Amendments]. . . . . . . . .
No State shall deprive any person of life, liberty, or property
without due. [Amendments]....... . . . . . . . . . . . . . . . . . . . . . . .
Process for obtaining witnesses in his favor. In all criminal pros-
ecutions the accused shall have. [Amendments] . . . . . º ºs º º
Progress of science and useful arts. Congress shall have power
to promote the . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Property of the United States. Congress may dispose of and make
all needful rules aud regulations respecting the territory or.
Property, without due process of law. No person shall be com-
pelled in any criminal case to be a witness against himself ;
DOT ºn he be deprived of his life, liberty, or. [Amend-
ments] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . T. - - - - - -
No State shall abridge the privileges or immunities of citizens
of the United States, nor deprive any person of his life.
liberty, Or. [Amendments] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Prosecutions. The accused shall have a speedy and public trial in
all criminal. [Amendments]. . . . . . . . . . . . . . . . . . * * * * * * * * * * *
He shall be tried by a jury in the State or district where the
crime was committed. [Amendments] . . . . . . . . . . . . . . . . . .
He shall be informed of the nature and cause of the accusa-
tion. [Amendments] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
He shall be confronted with the witnesses against him.
[Amendments] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
He shall have compulsory process for obtaining witnesses.
[Amendments] . . . . . . . . . . . . . e s e º e s e s e º e º e s - e º e º e s • * * * * * *
He shall have counsel for his defense. [Amendments]. . . . . .
Protection of the laws. No State shall deny to any person within
its jurisdiction the equal. [Amendments] . . . . . . . . . . . . . . .
Public debt of the United States incurred in suppressing insurrec-
tion or rebellion shall not be questioned. The validity of
the [Amendments]. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Public safety may require it. The writ of habeas corpus shall not
be suspended, unless when in cases of rebellion or invasion
the . . . . . . . . . . . . . . . . . . . . . . . . • - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Public trial by jury. In all criminal prosecutions the accused
shall have a speedy and. [Amendments]. . . . . . . . . . . . . . . . .
Public use. Private property shall not be taken for, without just
compensation. [Amendments]. . . . . . . . . . . . . . . . . . . . . . . . . . .
Punishment according to law. Judgment in cases of impeach-
ment shall not extend further than to removal from, and
disqualification for, office; but the party convicted shall
nevertheless be liable and subject to indictment, trial,
judgment, and. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Punishments inflicted. Excessive bail shall not be required nor
excessive fines imposed nor cruel and unusual. [Amend-
ments] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Qualification for office. No religious test shall ever be required as a.
Qualifications of electors of members of the House of Representa-
tives shall be the same as electors for the most numerous
branch of the State legislature. . . . . . a e º e º e e º e º tº e º e º 'º e s a e is a
Qualifications of members of the House of Representatives. They
shall be twenty-five years of age, seven years a citizen of
the United States, and an inhabitant of the State in which
chosen . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Of Senators. They shali be thirty years of age, nine years a
citizen of the United States, and an inhabitant of the State
in which chosen . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. Sec.
14
14
14
1
14
14
Cl. Page.
11
578
592
589
577
577
578
APPENDIX.
623
Qualifications—Continued.
Of its own members. Each House shall be the judge of the
election, returns, and . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Of the President. No person except a natural-born citizen,
or a citizen of the United States at the time of the adoption
of the Constitution, shall be eligible to the office of
President. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Qualifications of members of the House of Representatives.
Neither shall any person be eligible to the office of President
who shall not have attained the age of thirty-five years, and
been fourteen years a resident within the United States . . .
Of the Vice-President, No person constitutionally ineligible
to the office of President shall be eligible to that of Vice-
President. [Amendments] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Quartered in any house without the consent of the owner in time
of peace. No Soldier shall be. [Amendments] . . . . . . . . . .
Quorum to do business. A majority of each House shall consti-
tute a . . . . . * * * * * * * * c e s e e º 'º e º s e º 'º e º e s ∈ e s e º 'º e º 'º e < * * * * * * * * *
But a smaller number than a quorum may adjourn from day
to day and may be authorized to compel the attendance of
absent members . . . . . . . . . . . .". . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Of the House of Representatives for choosing a President
shall consist of a member or members from two-thirds of
the States, and a majority of all the States shall be neces-
sary to a choice. [Amendments]. . . . .* - - - - - - - - - - - - - - - - - - - -
Quorum to elect a Vice-President by the Senate. Two-thirds of
the whole number of Senators shall be a. [Amendments].
A majority of the whole number shall be necessary to a
choice. [Amendments]. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Race, color, or previous condition of servitude. The right of citi-
zens of the United States to vote shall not be denied or
abridged by the United States or by any State on account
of [Amendments]. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Ratification of amendments to the Constitution shall be by the
legislatures of three-fourths of the several States or by con-
ventions in three-fourths of the States, accordingly as Con-
z- greSS may propose. . . . . • • * * * * • - - - - - - - - - - - - - - - - - - - - - - - - - - -
Ratification of the conventions of nine States shall be sufficient
to establish the Constitution between the States so ratifying
the same . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Ratio of representation until the first enumeration under the Con-
stitution shall be made not to exceed one for every thirty
thousand. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
IRatio of representation shall be apportioned among the several
States according to their respective numbers, counting the
whole number of persons in each State, excluding Indians
not taxed. [Amendments] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Ratio. But when the right to vote for Presidential electors or
members of Congress, or the legislative, executive, and
judicial officers of the State, except for engaging in rebel-
lion or other crime, shall be denied or abridged by a State,
the basis of representation shall be reduced therein in the
proportion of such denial or abridgment of the right to
Vote. [Amendments] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Rebellion against the United States. Persons who, while holding
certain Federal and State offices, took an oath to support
the Constitution, afterwards engaged in insurrection or
rebellion, disabled from holding office under the United
States. [Amendments] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
But Congress may by a vote of two-thirds of each House
remove such disability. [Amendments] . . . . . . . . . . . . . . . . .
Rebellion against the United States. Debts incurred for pensions
and bounties for services in suppressing the rebellion shall
not be questioned. [Amendments]. . . . . . . . . . . . . . . . . . . . . . .
All debts and obligations incurred in aid of the rebellion, and
all claims for the loss or emancipation of slaves, declared
and held to be illegal and void. [Amendments]. . . . . . . . . .
Rebellion or invasion. The writ of habeas corpus shall not be
suspended except when the public safety may require it in
cases of ---- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Receipts and expenditures of all public money shall be published
from time to time. A regular statement of . . . . . . . . . . . . . . .
Art. Sec. Cl. Page.
1
2
12
12
15
14
14
14
14
14
14
5
2
1
2
579
585
585
595
624
APPENDIX.
Recess of the Senate. The President may grant commission,
which shall expire at the end of the next session, to fill
vacancies that may happen during the . . . . . . . . . . . . . . . . . . .
JReconsideration of a bill returned by the President with his objec-
tions. Proceedings to be had upon the . . . . . . . . . . . . . . . . . . .
Records, and judicial proceedings of every other State. Full faith
and credit shall be given in each State to the acts. . . . . . . . .
Congress shall prescribe the manner of proving such acts,
records, and proceedings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Redress of grievances. Congress shall make no law abridging the
right of the people peaceably to assemble and to petition
for the [Amendments]. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Regulations, except as to the places of choosing Senators. The
time, places, and manner of holding elections for Senators
and Representatives shall be prescribed by the legislatures
of the States, but Congress may at any time by law make
or alter such . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Regulations of commerce or revenue. Preference to the ports of
One State over those of another shall not be given by any..
Religion or prohibiting the free exercise thereof. Congress shall
make º law respecting the establishment of. [Amend-
ments] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Religious test shall ever be required as a qualification for any
office or public trust under the United States. No. . . . . . . .
Removal of the President from office, the same shall devolve on
the Vice-President. In case of the . . . . . . . . . . . . . . . . . . . . . . .
Representation. No State, without its consent, shall be deprived
Of its equal suffrage in the Senate . . . . . . . . . . . . . . . . . . . . . . . .
Representation and direct taxation, how apportioned among the
several States. [This provision is changed by the 14th
amendment, Section 2, on page 594]. . . . . . . . . . . . . . . . . . . . . . .
Representation until the first enumeration undér the Constitution
not to exceed one for every thirty thousand. The ratio of.
Representation in any State. The executive thereof shall issue
writs of election to fill vacancies in the . . . . . . . . . . . . . . . . . . .
Representation among the several States shall be according to
their respective numbers, counting the whole number of
persons in each State, excluding Indians not taxed. The
ratio of. [Amendments]. . . . . . . . . . . . , - - - - - - - - - - - - - - - - - - - - -
But where the right to vote in certain Federal and State elec-
tions is abridged for any cause other than rebellion or other
crime, the basis of representation shall be reduced. [Amend-
ments] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Representatives. Congress shallconsist of a Senate and House of.
Qualifications of electors of members of the House of . . . . . -
No person shall be a Representative who shall not have
attained the age of twenty-five years, been seven years a
citizen of the United States, and an inhabitant of the State
in which he shall be chosen . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
And direct taxes, how apportioned among the several States.
[Amended by 14th amendment, Section 2, on page 594] . . . .
Shall choose their Speaker and other officers. The House of.
hall have the sole power of impeachment. The House of . .
Executives of the States shall issue writs of election to fill'
vacancies in the House of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The times, places, and manner of choosing Representatives
shall be prescribed by the legislatures of the States. . . . . . . .
But Congress may at any time by law make or alter Such
regulations except as to the places of choosing Senators . . .
And Senators shall receive a compensation to be ascertained
by law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • * : - - - - - - - - - - - - - - - -
Shall in all cases, except treason, felony, and breach of the
peace, be privileged from arrest during attendance at the
session of the House, and in going to and returning from
the same . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Shall not be questioned in any other place for any speech or
debate. Members of the House of . . . . . . . . . . . . . . . . . . . . . . .
No member shall be appointed during his term to any civil
office which shall have been created, or the emoluments of
which shall have been increased, during Such term. . . . . . . .
No person holding any office under the United States shall,
while holding such office, be a member of the House of . . .
All bills for raising revenue shall originate in the House of . .
No Senator or Representative shall be an elector for President
or Vice-President. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. Sec.
2 - 2
1 7
4 1
4 1
1 —
1 4
1 9
1 *
6 —
2 1
5 : —
1 2
1 2
1 2
14 2
14 2
1 1
1. 2
1 2
1 2
1 2
1 2
1 2
1 4
1 4
1 6
1
1 6
1 6
1 6
1 7
2 1
C]. Page.
3 586
2 579
— 588
— 588
— 591
1 579
6 582
— 591
3 589
5 ,585
— 589
3 578
3 578
4 578
— 594
— 594
— 577
1 577
2 577
3 578
5 578
5 578
4 578
1 579
1 579
1 579
1 579
1 579
2 579
2 579
1 579
2 584
APPENDIX.
625
Representatives shall be bound by an oath or affirmation to sup-
Fº the Constitution of the United States. The Senators
allol . . . . . . . . . . . . . . . . . . • . . . . . . . . . . . • - - - - - - - - - - - - - - - - - - - - -
Representatives among the several States. Provisions relative to
the apportionment of. [Amendments] . . . . . . . . . . . . • * * * * * *
Representatives and Senators. Prescribing certain disqualifica-
tions for office as. [Amendments] . . . . . . . . . . . . . . . . . gº ºs
But Congress may, by a vote of two-thirds of each House,
- remove such disqualification. [Amendments] . . . . . . . . . . . .
JReprieves and pardons except in cases of impeachment. The
President may grant. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
JReprisal. Congress shall have power to grant letters of marque
- and . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
No State shall grant any letters of marque and . . . . . . . . . . . . .
Republican form of government. The United States shall guar-
antee to every State in this Union a . . . . . . • * * * * * * * * * * * * * * *
And shall' protect each of them against invasion; and On the
application of the legislature, or of the executive (when the
legislature can not be convened), against domestic violence.
Reserved rights of the States and the people. ... The enumeration
in the Constitution of certain rights shall not be construed
to deny or disparage others retained by the people.
[Amendments] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The powers not delegated to the United States by the Consti-
tution, nor prohibited by it to the States, are reserved to
the States respectively, or to the people. [Amendments]..
Fesigmation, or inability of the President, the duties and powers
of his office shall devolve on the Vice-President. In case
of the death. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
JResigmation, or inability of the President. Congress may by law
provide for the case of the removal, death. . . . . . . . . . . . . . .
JResolution, or vote (except on a question of adjournment) requir–
ing the concurrence of the two Houses shall, before it
becomes a law, be presented to the President. Every order.
Bevenue shall originate in the House of Representatives. Allbills
for raising. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ! ? e s e e s tº e e s e e s sº
Bevenue. Preference shall not be given to the ports of one State
over those of another by any regulations of commerce or.
JRhode Island entitled to one Representative in the first Congress.
JRight of petition. Congress shall make no law abridging the
right of the people peaceably to assemble and to petition
for the redress of grievances. [Amendments]. . . . . . . . . . . .
Pight to keep and bear arms. A well-regulated militia being
necessary to the security of a free State, the right of the
people to keep and bear arms shall not be infringed.
[Amendments] . . . . . . . . . . • e º e s is e e s a s e e s tº sº e º e º sº e º e s = e º º
JRights in the Constitution shall not be construed to deny or dis-
parage others retained by the people. The enumeration of
certain. [Amendments] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Bights not delegated to the United States nor prohibited to the
States are reserved to the States or to the people. [Amend-
ments] . . . . . . . . . . . '• • * * * * * * * * * * * * * * * * * * * * * * * * * * - - - - * * * g º ºr
JRules of its proceedings. Each House may determine the . . . . . .
IRules and regulations respecting the territory or other property
of the United States. Congress shall dispose of and make
all needful . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Pºwles of the common law. All suits involving over $20 shall be
tried by jury according to the. [Amendments] . . . . . . . . . . .
No fact tried by a jury shall be reexamined except according
to the [Amendments] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Science and the wseful arts by Securing to authors and inventors
. the exclusive right to their writings and discoveries. Con-
gress shall have power to promote the progress of . . . . . . . . .
Searches and seizures shall not be violated. The right of the
people to be secure against unreasonable. [Amendments].
And no warrants shall be issued but upon probable cause,
On oath or affirmation, describing the place to be searched
and the person or things to be seized. [Amendments] . . . .
Seat of government. Congress shall exercise exclusive legisla-
tion in all cases over such district as may become the . . . . .
Securities and current coin of the United States. Congress shall
provide for punishing the counterfeiting of the . . . . . . . . . . .
Security of a free State, the right of the people to keep and bear
arms shall not be infringed. A well-regulated militia being
necessary to the [Amendments] . . . . . . . . . . . . . . . . . . . . . . . .
10
}
. Sec.
1
7
;
Cl. Page.
3 589
— 594
— 594
— 594
1 584
11 581
1 583
— 589
— 589
5
5
.
g
2
40 C S
626 APPENDIX.
Senate and House of Representatives. The Congress of the
United States shall consist of a. . . . . . . . . . . . . . . . . . . . . . . . . .
Senate of the United States. The Senate shall be composed of
two Senators from each State, chosen by the legislature for
six years. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
If vacancies happen during the recess of the legislature of a
State, the executive thereof may make temporary appoint-
ments until the next meeting of the legislature . . . . . . . . . . .
The Vice-President shall be President of the Senate, but
shall have no vote unless the Senate be equally divided. . . .
The Senate shall choose their other officers, and also a Presi-
dent pro tempore in the absence of the Vice-President or
when he shall exercise the office of President. . . . . . . . . • - ... •
The Senate shall have the sole power to try all impeachments.
When sitting for that purpose, they shall be on oath or
affirmation. . . . . . . . . . . . . . . . . . . . . • - - - - - - - - - - - - . . . . . . . . . . .
When the President of the United States is tried the Chief
Justice shall preside; and no person shall be convicted with-
out the concurrence of two-thirds of the members present.
It shall be the judge of elections, returns, and qualifications
of its own members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A majority shall constitute a quorum to do business, but a
smaller number may adjourn from day to day, and may be
authorized to compel the attendance of absent members. . .
It may determine the rules of its proceedings, punish a mem-
ber for disorderly behavior, and with the concurrence of
two-thirds expel a member . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
It shall keep a journal of its proceedings and from time to
time publish the same, except such parts as may in their
judgment require Secrecy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
It shall not adjourn for more than three days during a session
without the consent of the other House. . . . . . . . . . . . . . . . . . .
It may propose amendments to bills for raising revenue, but
such bills shall originate in the House of Representatives..
The Senate shall advise and consent to the ratification of all
treaties, provided two-thirds of the members present concur
It shall advise and consent to the appointment of ambassa-
dors, other public ministers, and consuls, judges of the
Supreme Court, and all other officers not herein otherwise
provided for. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
It may be convened by the President on extraordinary occa-
S10DS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
No State, without its consent, shall be deprived of its equal suf-
frage in the Senate. . . . . . . . . . . . . . e - e s • ... • * * * * * * * * - - - - - - - - - -
Senators. They shall, immediately after assembling, under their
first election, be divided into three classes, so that the seats
of one-third shall become vacant at the expiration of every
Second year . . . . . . . . . . . . e < * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
No person shall be a Senator who shall not be thirty years of
age, nine years a citizen of the United States, and an inhab-
itant when elected of the State for which he shall be chosen.
The times, places, and manner of choosing Senators may be
fixed by the legislature of a State, but Congress may by law
make or alter such regulations, except as to the places of
Choosing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
If vacancies happen during the recess of the legislature of a
State, the executive thereof may make temporary appoint-
ments until the next meeting of the legislature. . . . . . . . . . . .
They shall in all cases, except treason, felony, and breach of
the peace, be privileged from arrest during their attendance
at the session of the Senate and in going to and returning
from the same . . . . . . . . . . . . . . : - - - - - - - - - - - - - - - - - - . . . . . . . .
Senators and Representatives shall receive a compensation to
be ascertained by law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • *
They shall not be questioned for any speech or debate in
either House or in any other place. . . . . . . . . . . . . . . . . . . . . . . .
No Senator or Representative shall, during the time for which
he was elected, be appointed to any civil office under the
|United States which shall have been created, or of which
the emoluments shall have been increased, during such term.
No person holding any office under the United States shall be
a member of either House during his continuance in office.
No Senator or Representative or person holding an office of
trust or profit under the United States shall be an electoffor
President and Vice-President. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. Sec. Cl. Page.
1.
1
2.
1
5
2
.
2
2
2
2
2
577.
578
578
579
579
585,
586
589.
APPENDIX. 627,
Senators—Continued. - - Art. Sec. Cl. Page.
Senators and Representatives shall be bound by an oath or
affirmation to support the Constitution. . . . . . . . . . . . . . . . . . . 6 — 3 589
No person shall be a Senator or Representative who having, as
a Federal or State Officer, taken an oath to support the Con-
stitution, afterwards engaged in rebellion against the United
States. [Amendments] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 3 — 594
But Congress may, by a vote of two-thirds of each House,
remove such disability. [Amendments]. . . . . . . . . . . . . . . . . . 14 3 — 594
Service or labor in one State, escaping into another State, shall be
delivered up to the party to whom such service or labor may
be due. Fugitives from . . . . . . . . . . . . . . . . . • * * * * * * * * * * - - - - 4
Servitude, except as a punishment for crime, whereof the party
shall have been duly convicted, shall exist in the United
v States or any place subject to their jurisdiction. Neither
slavery nor involuntary. [Amendments]. . . . . . . . . . . . . . . . . 13 1 — 593
Servitude. The right of citizens of the United States to vote
shall not be denied or abridged by the United States or by
any State on account of race, color, or previous condition
2
3
5
8
8.
of [Amendments]. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 1 – 595
Ships of war in time of peace, without the consent of Congress.
No State shall keep troops or . . . . . - - - - - - - - - - - - - - - - - - - - - - - - - 1 10 3 584
Silver coim, a tender in payment of debts. No State shall make
anything but gold and . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 10 1 583
Slave. Neither the United States nor any State shall assume or
pay any debt or obligation incurred in aid of insurrection or
rebellion, or any claim for the loss or emancipation of any.
[Amendments]. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 4 — 594
Slavery nor involuntary servitude, except as a punishment for
crime, whereof the party shall have been duly convicted, \
shall exist in the United States, or any places subject to #
their jurisdiction. Neither. [Amendments] . . . . . . . . . . . . 13 1 — 593
Soldiers shall not be quartered, in time of peace, in any house
without the consent of the owner. [Amendments] . . . . . . . . 3 — — 591
South Carolina entitled to five Representatives in the first Congress 1 2 3 578
Speaker and other officers. The House of Representatives shall
Choose their . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2 5 578
Speech or of the press. Congress shall make no law abridging
the freedom of. [Amendments] . . . . . . . . . • * tº e e º a º e e... • - - - - - - 1 — — 591
Speedy and public trial by a jury. In all criminal prosecutions
the accused shall have a. [Amendments] . . . . . . . . . . . . . . . . 6 — — 592
Standard of weights and measures. Congress shall fix the . . . . . . 1 8 5 581
State of the Union. The President shall, from time to time, give
Congress information of the . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 — 586
State legislatures, and all executive and judicial officers of the
United States, shall take an oath to support the Constitu-
tion. All members of the Several . . . . . . . . . . . . . . . . . . . . . . 6 — 3 589
States. When vacancies happen in the representation from any
State, the executive authority shall issue writs of election
to fill such vacancies. . . . . . . . . . . . . . . . . . . • - - - - - - - - - - - - - - - 1 2 4 578
Congress shall have power to regulate commerce among the
Several . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 S 3 580
No State shall enter into any treaty, alliance, or confederation 1 10 1 583
Shall not grant letters of marque and reprisal. . . . . . . . . . . . . . . 1 10 1 583
Shall not coin money . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 10 1 583
Shall not emit bills of Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 10 1 583
Shall not make anything but gold and silver coin a tender in
payment of debts. . . . . . . . . . . . . . . . . . . . . . . . . . . • . . . . . . . . . . . 1 10 1 583
Shall not pass any bill of attainder, ea; post facto law, or law
impairing the obligation of contracts. . . . . . . . . . . . . . . . . . . . . 1 10 1 5S3
Shall not grant any title of nobility. . . . . . . . . . . . . . . . . . . . . . . . . 1 10 1 583
Shall not, without the consent of Congress, lay any duties on
imports or exports, except what may be absolutely
necessary for executing its inspection laws . . . . . . . . . . . . . . . 1 10 2 584
Shall not, without the consent-of Congress, lay any duty of
tonnage, keep troops Or ships of war in time of peace, enter
^. into any agreement or compact with another State or with
a foreign power, or engage in war unless actualy invaded
or in such imminent danger as will not admit of delay. . . . 1 10 3 584
Full faith and credit in every other State shall be given to the
public acts, records, and judicial proceedings of each State. 4 1 — 588
Congress shall prescribe the manner of proving such acts, -
records, and proceedings. . . . . . .... • * * * * * * * * * * * * * * * * * * * * * * . . 4 1 — 588
Citizens of each State shall be entitled to all privileges and -
immunities of citizens in the several States . . . . . . . . . . . . . . . 4 2 1 588
New States may be admitted by Congress into this Union ... 4 3 1 588
628 APPENDIX.
States–Continued.
But no new State shall be formed or erected within the juris-
diction of another State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... • * * *
Nor any State formed by the junction of two or more States
or parts of States, without the consent of the legislatures
as well as of Congress. . . . . ‘. . . . . . . . . . . . . . . . . . . . . . . . . . . • • *
No State shall be deprived, without its consent, of its equal
Suffrage in the Senate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Three-fourths of the legislatures of the States or conventions
of three-fourths of the States, as Congress shall prescribe,
may ratify amendments to the Constitution. . . . . . . . . . . . . .
The United States shall guarantee a republican form of gov-
ernment to every State in the Union . . . . . . . * . . . . . . . . . . . .
They shall protect each State against invasion . . . . . . . . . . . .. . .
And on application of the legislature, or the executive (when
the legislature can not be convened), against domestic vio-
lence. . . . . . . . . . . . . . . • * * * * * * * * * * * * * * * * * * * * * * * * * * • * - - - - - - - -
The ratification by nine States shall be sufficient to establish
the Constitution between the States so ratifying the same.
When the choice of President shall devolve on the House of
Representatives, the vote shall be taken by States. [Amend
ments] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ". . . . . . . . . . . . .
But in choosing the President the vote shall be taken by
States, the representation from each State having one vote.
[Amendments]. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A quorum for choice of President shall consist of a member
or members from two-thirds of the States, and a majority
of all the States shall be necessary to a choice. [Amend-
ments] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
States or to the people. Powers not delegated to the United
States, nor prohibited to the States, are reserved to the.
[Amendments] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • * * * *
Suffrage in the Senate. No State shall be deprived without its
. Consent of its equal . . . . . . . . . . . . . . : “ . . . . . . . . . . • - - - - - - - - - -
Swits at common law, where the value in controversy shall exceed
$20, shall be tried by jury. [Amendments]. . . . . . . . . . . . . .
In law or equity against One of the States, by citizens of
another State, or by citizens of a foreign state. The judi-
cial power of the United States shall not extend to. [Amend-
ments] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Supreme Court. Congress shall have power to constitute tribu-
nals inferior to the . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Supreme Court, and such inferior courts as Congress may estab-
lish. The judicial power of the United States shall be
vested in one . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Supreme Cowrt. The judges of the Supreme and inferior courts
shall hold their offices during good behavior . . . . . . . . . . . • * e º
The compensation of the judges shall not be diminished dur-
ing their continuance in office. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Shall have original jurisdiction. In all cases affecting ambas-
sadors, other public ministers and consuls, and in which a
State may be a party, the . . . . . . . . . . . . . . . . . . . . . . ... • - - - - - - - - -
Shall have appellate jurisdiction, both as to law and the fact,
with such exceptions and regulations as Congress may
make. The . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Supreme law of the land. This Constitution, the laws made in
pursuance thereof, and the treaties of the United States,
shall be the . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The judges in every State shall be bound thereby . . . . . . . . . . . .
Suppress insurrections and repel invasions. Congress shall pro-
vide for calling forth the militia to execute the laws . . . . . .
Suppression of insurrection or rebellion shall not be questioned.
The public debt, including the debt for pensions and boun-
ties, incurred in the [Amendments] . . . . . . . . . . . . . . . . . . . .
T.
Taa: shall be laid unless in proportion to the census or enumera-
tion. No captitation or other direct. . . . . . . . . . . . . . . . . . . . .
Taac or duty shall be laid on articles exported from any State.
No. . . . . . . . . . . . . . . . . ". . . . . . . . . . . . . . . . . . . . . . . . ------- . . . . . .
Taaces (direct) and Representatives, how apportioned among the
several States. §. 14th amendment, section 2, page 594].
Taaces, duties, imposts, and excises. Congress shall have power
to lay . . . . . . . • * : * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
They shall be uniform throughout the United States . . . . . . . .
Art.
12
12
10
Sec. CI. Page.
3 1 588
3 1 588
— — 589
— — 589
4 — 589
4 – 589
4 — 589
— — 590
— — 593
— — 593
— — 593
— — 592
— — 589
— — 592
— — 592
8 9 581
1 — 588
1 — 586
1 — 586
2 2 587
2 2 587
— 2 589
— 2 589
8 15 581
4 — 594
9 4 582
9 5 582
2 3 578
8 1 580
8 1 580 .
APPENDIX.
629
Temporary appointments until the next meeting of the legislature.
If vacancies happen in the Senate in the recess of the legis-
lature of a State, the executive of the State shall make . . . .
Tender in payment of debts. No State shall make anything but
gold and silver coin a . . . . . . . . . . . . . . . . . . . . . . . . . . . ., - . . * * * * *
Term of four years. The President and Vice-President shall hold
their offices for the . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Term for which he is elected. No Senator or Representative shall
be appointed to any office under the United States which
shall have been created or its emoluments increased during
the . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Territory or other property of the United States. Congress shall
dispose of and make all needful rules and regulations re-
Specting the . . . . . . . ... * * c e s , e. e. e. e. * * * * * * * * * * * * * * * * * * * * * * * * * * *
Test as a qualification for any office or public trust shall ever be
- required. No religious . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Testimony of two witnesses to the same overt act, or on confession
in open court. No person shall be convicted of treason ex-
cept on the . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Three-fowrths of the legislatures of the States, or conventions in
three-fourths of the States, as Congress shall prescribe, may
* ratify amendments to the Constitution. . . . . . . . . . . . . . . . . . . .
Tie. The Vice-President shall have no vote unless the Senate be
equally divided . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Times, places, and mammer of holding elections for Senators and
Representatives shall be prescribed in each State by the
legislature thereof . . . . . . . . . . . . . . . . . . ** * * * * * * * * * * * * * * * * * * * *
But Congress may at any time by law make or alter such
regulations, except as to the places of choosing Senators. . .
Title of mobility. The United States shall not grant any. . . . . . . . .
No State shall grant any . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Title of any kind, from any king, prince, or foreign state, with-
out the consent of Congress. No person holding any office
under the United States shall accept of any . . . . . . . . . . . . . . .
Tommage without the consent of Congress. No State shall lay
any duty of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Trangwillity, provide for common defense, etc. To insure domes-
tic. [Preamble] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Treason shall consist only in levying war against the United
States, or in adhering to their enemies, giving them aid
and comfort . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Treason. No person shall, unless on the testimony of two wit-
nesses to the same overt act, or on confession in Open court,
be convicted of . . . . . . . . . . . . . . . . . . . . . . . . . . . * * * * * * * * * * * * *
Congress shall have power to declare the punishment of. . . . .
Shall not work corruption of blood. Attainder of . . . . . . . . . . .
Shall not work forfeiture, except during the life of the per-
Son attainted. Attainder of . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Treason, bribery, or other high crimes and misdemeanors. The
President, Vice-President, and all civil officers shall be
removed from office on impeachment for and conviction of.
Treason, felony, and breach of the peace. Senators and Repre-
sentatives shall be privileged from arrest while attending
or while going to or returning from the sessions of Congress,
except in cases of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Treasury, but in consequence of appropriations made by law.
No money shall be drawn from the . . . . . . . . . . . . . . . . . . . . . . .
Treaties. The President shall have power, with the advice and
consent of the Senate, provided two-thirds of the Senators
present concur, to make . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The judicial power shall extend to all cases arising under the
They shall be the supreme law of the land, and the judges in
every State shall be bound thereby . . . . . • * * * * * * * * * * * * * * * * *
Treaty, alliance, or confederation. No State shall enter into any.
Trial, judgment, and punishment according to law. Judgment
in cases of impeachment shall not extend further than to
removal from, and disqualification for, office; but the party
convicted shall nevertheless be liable and subject to indict-
ment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Trial by jury. All crimes, except in cases of impeachment, shall
be tried by jury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Such trial shall be held in the State within which the crime
shall have been committed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
But when not committed within a State, the trial shall be at
Such place as Congress may by law have directed. . . . . . . . .
Art.
3
Sec C1. Page.
3 2 . 578
10 1 583
1 1 584
6 2 579
3 2 588
— 3 589.
3 1 587
— — 589
3 4 578
4 1 579
4 1 579
9 8 583
10 1 583
9 8 583
10 3 584
— — 577
3 1 587
3 1 587
3 2 588
3 2 588
3 2 588
4 – 586
6 1 579
9 7 583
2 2 585
2 1 586
— 2 589
10 1 583
3 7 579
2 3 587
2 3' 587
2 3 587
630
APPENDIX.
(7.ºrial by jury—Continued.
In all criminal prosecutions the accused shall have a speedy
and public. [Amendments] . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Suits at common law, when the amount exceeds $20, shall be
by. [Amendments] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Tribunals inferior to the Supreme Court. . Congress shall have
power to constitute. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Troops or ships of war in time of peace, without the consent of
Congress. No State shall keep. . . . . . . . . . . . . . . . . . . . . . . . . . .
Trus# and profit under the United States, shall be an elector for
President and Vice-President. No Senator, Reyresentative,
or person holding any office of .......... - * * * * * * * * : * g e e g a s e º e * * * * e º e
Two-thirds of the members present. No person shall be con-
victed on impeachment without the concurrence of.......
Two-thirds, º expel a member. . Each House, with the concur-
TellCe OT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Two-thirds. A bill returned by the President with his objections
may be repassed by each House by a vote of. . . . . ‘ e º e º e g º e
Two-thirds of the Senators present concur. The President shall
have power, by and with the advice and consent of the
Senate, to make treaties, provided . . . . . . . . . . . . , - . . . . . . . . . .
Two-thirds of the legislatures of the several States. Congress
shall call a convention for proposing amendments to the
Constitution. On the application of . . . . . . . . . . . . . . . . . . . . . . .
Two-thirds of both Houses shall deem it necessary. . Congress
shall propose amendments to the Constitution whenever . . .
Two-thirds of the States. When the choice of a President shall
devolve on the House of Representatives, a quorum shall
consist of a member or members from. [Amendments]. . .
Two-thirds of the whole number of Senators. "A quorum of the
Senate, when choosing a Vice-President, shall consist of.
[Amendments] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Two-thirds, may remove the disabilities imposed by the third sec-
tion of the fourteenth amendment. Congress, by a vote of.
[Amendments] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Two years. Appropriations for raising and supporting armies shall
not be for a longer term than . . . . . . ... < e º e º º e. e. e. e. e. e. e. e. e. e. e º e s e is
V-
, Union. To establish a more perfect. [Preamble] . . . . . . . . . . . . . .
The President shall, from time to time, give to Congress infor-
mation of the State of the . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
New States may be admitted by Congress into this . . . . . . . . . .
But no new State shall be formed or erected within the juris-
diction of another. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Unreasonable searches and seizures. The people shall be secured
in their persons, houses, papers, and effects against.
[Amendments] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Unreasonable searches and seizures. And no warrants shall be
issued but upon probable cause, Supported by oath or affir-
mation, and particularly describing the place to be searched,
and the persons or things to be seized. [Amendments]... .
Unusual punishments inflicted. Excessive bail shall not be re-
quired, nor excessive fines imposed, nor cruel and. [Amend-
ments] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Use without just compensation. Private property shall not be
taken for public. [Amendments] . . . . . . . . . . . . . . . . . . . . . . . .
Useful arts, by securing for limited times to authors and invent-
ors the exclusive right to their writings and inventions.
Congress shall have power to promote the progress of Science
and the . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Vacancies happening in the representation of a State. The ex-
ecutive thereof shall issue writs of election to fill. . . . . . . . . .
Vacancies happening in the Senate in the recess of the legislature
of a State. How filled. . . . . . . . . . . . . . . . . . . ... • * * * * * e < * * * * * * *
Vacancies that happened during the recess of the Senate, by grant-
ing commissions which shall expire at the end of the next
session. The President shall have power to fill . . . . . . . . . .
Validity of the public debt incurred in suppressing insurrection
against the United States, including debt for pensions and
bounties, shall not be questioned. [Amendments] . . . . . . . . .
Art. Sec. Cl. Page.
7
2
2
2
2
i
2
585
589
589
593
594
5
7
7
.
§
591
5
9
2
578
578
586
594
APPENDIX.
TVessels bound to or from the ports of one Stateshall not be obliged
to enter, clear, or pay duties in another State. . . . . . . . . . . . . .
Veto of a bill by the President. Proceedings of the two Houses
upon the . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Vice-President of the United States shall be President of the Sen-
ate . . . . . . . . . . . . . . * - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . . . . . . . .
He shall have no vote unless the Senate be equally divided ..
The Senate shall elect a President pro tempore in the absence
of the . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The number and the manner of appointing electors for Presi-
dent and . . . . . . . . . . . . . . . . . . . . . . . . . .* * * * * * * * * * * * * * * * * * * * ... • *
In case of the removal, death, resignation, or inability of the
President, the powers and duties of his office shall devolve
On the . . . . . . . . e º e s tº & e º e º e < e < e e s e º 'º e a a e º e s e s = e s e s s a e s e º e s e
Congress may provide by law for the case of the removal,
death, resignation, or inability both of the President and . . .
Vice-President. On impeachment for and conviction of treason,
bribery, and other high crimes and misdemeanors shall be
removed from office. The . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
TVice-President. The mammer of choosing the. The electors shall
meet in their respective States and vote by ballot for Presi-
dent and Vice-President, one of whom, at least, shall not be
an inhabitant of the same State with themselves. [Amend-
ments] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * * * * * * * * * * * * * * @ e º e s tº
The electors shall name, in distinct ballots, the person voted
for as Vice-President. [Amendments]. . . . . . . . . . . . . . . . . . . .
They shall make distinct lists of the persons voted for as Vice-
Bresident, which lists they shall sign and certify, and send
sealed to the seat of government, directed to the President
of the Senate. [Amendments]. . . . . . . . . . . . . . . . . . . . . . . . .
The President of the Senate shall, in the presence of the Sen-
ate and House of Representatives, open all the certificates
and the votes shall then be counted. [Amendments]. . . . . .
The person having the greatest number of votes shall be Vice-
President, if such number be a majority of the whole num-
ber of electors. . . [Amendments] . . . . . . . . . . . . . . . . . . . . . . . . . .
If no person have a majority, then from the two highest num-
bers on the list the Senate shall choose the Vice-President.
[Amendments] . . . . . . . . . . . ‘e g º º e º 'º e e º 'º a tº e º ºs e º ºs e º º e º 'º e º e º º
A quorum for this purpose shall consist of two-thirds of the
whole number of Senators; and a majority of the whole
number shall be necessary to a choice. [Amendments]... .
But if the House shall make no choice of a President before
the 4th of March next following, then the Vice-President
shall act as President, as in the case of the death or other
constitutional disability of the President. [Amendments] .
No person constitutionally ineligible as President shall be
eligible as: [Ameridments] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
TViolence. The United States shall guarantee to every State a re-
publican form of government, and shall protect each State
l against invasion and domestic. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Virginia entitled to ten Representatives in the first Congress....
Vote. Each Senator shall have One . . . . . . . . . . . . . . . . . . . . . . . . . .
The Vice-President, unless the Senate be equally divided, shall
have no . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e • * *
Wote requiring the concurrence of the two Houses (except upon a
question of adjournment) shall be presented to the Presi-
dent. Every Order, resolution, Or. . . . . . . . . . . . . . . . . . . . . . . . .
TVote shall not be denied or abridged by the United States or by
any State on account of race, color, or previous condition of
servitude. The right of citizens of the United States to.
[Amendments] . . . . . . . . . . . . . . . . . . . . . . . . . - e e s a e g º ºs e º e º 'º e º 'º º
Vote of two-thirds. Each House may expel a member by a . . . . .
A bill vetoed by the President may be repassed in each House
by a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
No person shall be convicted on an impeachment except by a.
Whenever both Houses shall deem it necessary, Congress may
propose amendments to the Constitution by a . . . . . . . . . . . . .
The President may make treaties, with the advice and con-
sent of the Senate, by a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Disabilities incurred by participation in insurrection or rebel-
lion may be relieved by Congress by a. [Amendments], , ,
;:2
2
5
5
3:
g
%;
;
2
.
Art. Sec. Cl. Page.
582
579
578
578
578
584
584
593
593
632
APPENDIX.
W.
f \
War, grant letters of * and reprisal, and make rules con-
cerning captures on land and water. Congress shall have
power to declare. . . . . . . . . . . . . . . . . . ... • - - - - - - - - ** * * * * * * * * * * * * * e e
For governing the land and naval forces. Congress shall have
power to make rules and articles of . . . . . . . . . . . . . . . . . . . . . . .
No State shall, without the consent of Congress, unless ac-
tually invaded, or in such imminent danger as will not ad-
mit of delay, engage in. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
TWar against the United States, adhering to their enemies, and giv-
ing them aid and comfort. Treason shall consist only in
levying. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “e e s e e s = e t e e
Warrants shall issue but upon probable cause, on oath or affirma-
tion, describing the place to be searched, and the persons or
things to be seized. No. [Amendments]. . . . . . . . . . . . . . . . .
Weights and measures. Congress shall fix the standard of...... -
TWelfare, and to secure the blessings of liberty, etc. To promote
the general. [Preamble]. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Welfare. Congress shall have power to provide for the common
*
defense and general. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
wº tº e - e t \ & - -
Witness against himself. No person shall, in a criminal case, be
Compelled to be a. [Amendments]. . . . . . . . . . . . • * * * * g e º 'º gº tº
Witnesses against him. In all criminal prosecutions the accused
shall be confronted with the. [Amendments] . . . . . . a tº e º e =
Witnesses in his favor. In all criminal prosecutions the accused
shall have compulsory process for obtaining. [Amend-
ments] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
TWitnesses to the same overt act, or on confession in open court.
No person shall be convicted of treason unless on the testi-
mony of two. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
TWrit of habeas corpus shall not be suspended, unless in case of
rebellion or invasion the public safety may require it. . . . . .
TWrits of election to fill vacancies in the representation of any
State. The executive of the State shall issue. . . . . . . . . . . . .
Written opinion of the principal officer in each of the executive
departments on any subject relating to the duties of his .
office. The President may require the . . . . . . . . . * * * * * * * * * * *
Y. i
Yeas and mays of the members of either House shall, at the desire
of one-fifth of those present, be entered on the journals. . . .
The votes of both Houses upon the reconsideration of a bill
returned by the President with his objections shall be deter-
mined by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • . . . . . . . . . . . . . . . . .
Art.
1
1
3
Sec.
10
2
Cl. Page.
11
14
581
581
, 584
APPENDIX,
633
DECLARATION OF INDEPENDENCE, JULY 4, 1776.
THE UNANIMOUS DEOLARATION OF THE THIRTEEN UNITED STATES
OF AMERICA IN CONGRESS ASSEMBLED.
When in the course of human events, it becomes necessary for
one people to dissolve the political bands which have connected
them with another, and to assume among the powers of the earth
the separate and equal station to which the laws of nature and of
mature's God entitle them, a decent respect to the opinions of man-
kind requires that they should declare the causes which impel them
to the separation.
We hold these truths to be self-evident: that all men are created
equal; that they are endowed by their Creator with certain unalien-
able rights; that among these are life, liberty, and the pursuit of
happiness; that, to secure these rights, governments are instituted
among men, deriving their just powers from the consent of the
governed; that, whenever any form of government becomes destruc-
tive of these ends, it is the right of the people to alter or to abolish
it, and to institute a new government, laying its foundation on such
principles, and Organizing its powers in such form, as to them shall
seem most likely to effect their safety and happiness. Prudence,
indeed, will dictate that governments long established should not
be changed for light and transient causes; and, accordingly, all
experience hath shown that mankind are more disposed to suffer,
while evils are sufferable, than to right themselves by abolishing
the forms to which they are accustomed. But when a long train of
abuses and usurpations, pursuing invariably the same object, evinces
a design to reduce them under absolute despotism, it is their right,
it is their duty, to throw off such government, and to provide new
guards for their future security. Such has been the patient suffer-
ance of these colonies, and such is now the necessity which constrains
them to alter their former systems of government. The history of
the present King of Great Britain is a history of repeated injuries
and usurpations, all having in direct object the establishment of an
absolute tyranny over these States. To prove this, let facts be
submitted to a candid world:
He has refused his assent to laws the most wholesome and neces-
sary for the public good.
He has forbidden his governors to pass laws of immediate and
pressing importance, unless suspended in their operation till his
assent should be obtained; and, when so suspended, he has utterly
neglected to attend to them. e
He has refused to pass other laws for the accommodation of large
districts of people, unless those people would relinquish the right of
representation in the legislature—a right inestimable to them, and
formidable to tyrants only. *
He has called together legislative bodies at places unusual, uncom-
fortable, and distant from the repository of their public records, for
the sole purpose of fatiguing them into compliance with his meas-
Tl|PêS.
He has dissolved representative houses repeatedly for opposing
with manly firmness his invasions on the rights of the people.
(634
APPENDIX.
He has refused, for a long time after such dissolutions, to cause
others to be elected; whereby the legislative powers, incapable of
annihilation, have returned to the people at large for their exercise,
the State remaining, in the mean time, exposed to all the dangers of
invasion from without and convulsions within. •
He has endeavored to prevent the population of these States—for
that purpose obstructing the laws of naturalization of foreigners,
refusing to pass others to encourage their migration hither, and
raising the conditions of new appropriations of lands.
He has obstructed the administration of justice, by refusing his
assent to laws for establishing judiciary powers.
He has made judges dependent on his will alone for the tenure of
their offices, and the amount and payment of their salaries.
He has erected a multitude of new offices, and sent hither swarms
of officers to harass our people and eat out their substance.
He has kept among us, in times of peace, standing armies, without
the consent of our legislatures.
He has affected to render the military independent of, and superior
‘to, the civil power.
He has combined with others to subject us to a jurisdiction foreign
to our constitution, and unacknowledged by Our laws—giving his
assent to their acts of pretended legislation—
For quartering large bodies of armed troops among us;
For protecting them, by a mock trial, from punishment for any
gº which they could commit on the inhabitants of these
tates;
For cutting off our trade with all parts of the world;
For imposing taxes on us without our consent;
For depriving us, in many cases, of the benefits of trial by jury;
For transporting us beyond seas to be tried for pretended offenses;
For abolishing the free system of English laws in a neighboring
province, establishing therein an arbitrary government, and enlarg-
ing its boundaries, SO as to render it at Once an example and fit
instrument for introducing the same absolute rule into these
colonies;
For taking away our charters, abolishing our most valuable laws,
and altering, fundamentally, the forms of our governments;
For suspending Our Own legislatures, and declaring themselves
invested with power to legislate for us in all cases whatsoever.
He has abdicated government here by declaring us out of his
protection and waging war against us.
He has plundered our seas, ravaged Our coasts, burnt our towns,
and destroyed the lives of our people.
He is at this time transporting large armies of foreign mercenaries
to complete the works of death, desolation, and tyranny, already
begun, with circumstances of cruelty and perfidy scarcely paralleled
in the most barbarous ages, and totally unworthy the H. of a
civilized nation. --
He has constrained our fellow-citizens, taken captive on the high
seas, to bear arms against their country, to become the executioners
of their friends and brethren, or to fall themselves by their hands.
He has excited domestic insurrections among us, and has endeav-
ored to bring on the inhabitants of our frontiers the merciless
Indian Savages, whose known rule of warfare is an undistinguished
destruction of all ages, sexes, and conditions.
In every stage of these oppressions we have petitioned for redress
in the most humble terms. Our repeated petitions have been
answered only by repeated injury. A prince whose character is
thus marked by every act which may define a tyrant, is unfit to be
the ruler of a free people.
APPENDIX.
635
Nor have we been wanting in attentions to our British brethren.
We have warned them, from time to time, of attempts, by their
legislature, to extend an unwarrantable jurisdiction over us. We
have reminded them of the circumstances of our emigration and
settlement here. We have appealed to their native justice and
magnanimity, and we have conjured them, by the ties of our com-
mon kindred, to disavow these usurpations, which would inevitably
interrupt our connections and correspondence. They, too, have
been deaf to the voice of justice and of consanguinity. We must,
therefore, acquiesce in the necessity which denounces our separation,
and hold them, as we hold the rest of mankind—enemies in war; in
peace, friends. g
We, therefore, the representatives of the United States of Amer-
ica, in General Congress assembled, appealing to the Supreme Judge
of the world for the rectitude of Our intentions, do, in the name and
by the authority of the good people of these Colonies, solemnly
publish and declare that these United Colonies are, and of right
ought to be, free and independent States; that they are absolved
from all allegiance to the British Crown, and that all political con-
nection between them and the state of Great Britain is, and Ought
to be, totally dissolved; and that, as free and independent States,
they have full power to levy war, conclude peace, contract alliances,
establish commerce, and to do all other acts and things which inde-
pendent States may of right do. And for the support of this decla-
ration, with a firm reliance on the protection of divine Providence,
we mutually pledge to each other our lives, Our fortunes, and Our
sacred honor. *
JOHN HANCOCEC. OLIVER WOLCOTT.
SAMUEL ADAMS. SAMUEL CHASE.
JOHN ADAMS, WILLIAM PACA.
ROBERT TREAT PAINE. THOMAS STONE. &
ELBRIDGE GERRY. CHARLES CARROLL, of Carrollton,
.JOSIAH BARTLETT. WILLIAM ETLOYD.
WILLIAM WHIPPLE. PHILIP LIVINGSTON.
MATTHEW TEIORNTON. FRANCIS LEWIS.
STEPHEN HOPKINS. LEWIS MORRIS.
WILLIAM EDLERY. GEORGE WYTHE.
CAESAR, RODNEY. RICHARD HENRY LEE.
GEORGE READ. THOMAS JEFFERSON.
THOMAS M’KEAN. BENJAMIN HARRISON.
FOGER SHERMAN. THOMAS NELSON, JR.
:SAMUEL HUNTINGTON. FRANCIS LIGHTFOOT LEE,
WILLIAM WILLIAMS. CARTER BRAXTON.
RICHARD STOCKTON. GEORGE CLYMER.
JOHN WITHERSPOON. JAMES SMITHE.
FRANCIS EIOPEINSON. GEORGE TAYLOR.
JOHN HART. JAMES WILSON.
ABRAHAM CLARK. GEORGE ROSS.
"WILLIAM HOOPER. EDWARD RUTLEDGE.
JOSEPEI HEWES. THOMAS HEYWARD, JR.
JOHN PENN. THOMAS LYNCH, JR.
ROBERT MORRIS. ARTHUR, MIDIDLETON.
BENJAMIN RUSH. BUTTON. GWINNETT,
BENJAMIN FRANKLIN. LYMAN HALL.
JOHN MORTON. GEORGE WALTON.
636
APPENDIX.
THE CHARTER OF MARYLAND,
Charles, by the Grace of God, of England, Scotland, France and
Ireland, King, Defender of the Faith, &c. To all to whom these
presents shall come, Greeting. i
II. Whereas our well beloved and right trusty subject Caecilius.
Calvert, baron of Baltimore, in our kingdom of Ireland, son and
heir of George Calvert, knight, late baron of Baltimore, in our said
kingdom of Ireland, treading in the steps of his father, being
animated with a laudable and pious zeal for extending the christian
religion, and also the territories of our empire, hath humbly besought.
leave of us, that he may transport, by his own industry and expence,
a numerous colony of the English nation, to a certain region, herein
after described, in a country hitherto uncultivated, in the parts of
America, and partly occupied by savages, having no knowledge of
the Divine Being, and that all that region, with some certain privi-
leges and jurisdictions, appertaining unto the wholesome govern-
ment, and state of his colony and region aforesaid, may by Our royal
highness be given, granted, and confirmed unto him, and his heirs.
III. Know ye therefore, that we, encouraging with our royal
favour, the pious and noble purpose of the aforesaid barons of
Baltimore, of our special grace, certain knowledge, and mere motion,
have given, granted and confirmed, and by this our present charter,
for us, Our heirs and successors, do give, grant and confirm, unto
the aforesaid Caecilius, now baron of Baltimore, his heirs and assigns,
all that part of the peninsula, or chersonese, lying in the parts of
America, betweeii the ocean on the east, and the bay of Chesopeake-
on the west, divided from the residue thereof by a right line drawn
from the promontory, or head-land, called Watkin’s Point, situate
upon the bay aforesaid, near the river of Wighco, on the West, unto.
the main Ocean on the east; and between that boundary On the South,
unto that part of the bay of Delaware on the north, which lieth
under the fortieth degree of north latitude from the aequinoctial,
where New England is terminated: And all the tract of that land
within the metes underwritten, (that is to say,) passing from the said
bay, called Delaware bay, in a right line, by the degree aforesaid,
unto the true meridian of the first fountain of the river of Pattow-
mack, thence verging towards the south, unto the further bank of
the said river,” and following the same on the west and South, unto
a certain place called Cinquack, situate near the mouth of the said
river, where it disembogues into the aforesaid bay of ChessOpeake,
and thence by the shortest line unto the aforesaid promontory or place,
called Watkin’s Point; so that the whole tract of land, divided by
the line aforesaid, between the main ocean, and Watkin’s Point,
unto the promontory called Cape Charles, and every the appendages
thereof, may entirely remain excepted for ever to us, Our heirs and
SUlCCGSSOT’S. f
IV. Also we do grant, and likewise confirm unto the said baron
of Baltimore, his heirs and assigns, all islands and islets within the
limits aforesaid, all and singular the islands and islets, from the
eastern shore of the aforesaid region, towards the east, which have
been, or shall be formed in the sea, situate within ten marine leagues.
*The southern boundary of the District of Columbia. 1 Mackey Rep., 226, Railroad vs. D. C.
APPENDIX.
637
*
from the said shore; with all and singular the ports, harbours, bays,
rivers, and straits, belonging to the region or islands aforesaid, and
all the soil, plains, Woods, mountains, marshes, lakes, rivers, bays,
and straits, situate, or being within the metes, bounds and limits
aforesaid, with the fishings of every kind of fish, as well of whales,
Sturgeons, and other royal fish, as of other fish, in the sea, bays,
straits or rivers, within the premisses, and the fish there taken:
And moreover all veins, mines, and quarries, as well opened as hidden,
already found, or that shall be found within the region, islands or
limits aforesaid, of gold, silver, gems and precious stones, and any
other whatsoever, whether they be of stones, or metals, or of any
other thing or matter whatsoever: And furthermore the patronages,
and advowsons of all churches which (with the increasing worshi
and religion of Christ) within the Said region, islands, islets .#
limits aforesaid, hereafter shall happen to be built, together with
licence and faculty of erecting and founding churches, chapels, and
places of worship, in convenient and suitable places, within the
premisses, and of causing the same to be dedicated and consecrated
according to the ecclesiastical laws of our kingdom of England, with
all, and singular such, and as ample rights, jurisdictions, privileges,
prerogatives, royalties, liberties, immunities, and royal rights, and
temporal franchises whatsoever, as well by sea as by land, within
the region, islands, islets and limits aforesaid, to be had, exercised,
used and enjoyed, as any bishop of Durham, within the bishoprick
or county palatine of Durham, in Our kingdom of England, ever
heretofore hath had, held, used or enjoyed, or of right could, or
Ought to have, hold, use Or enjoy.
V. And we do by these presents, for us, our heirs and successors,
make, create, and constitute him, the now baron of Baltimore, and
his heirs, the true and absolute lords and proprietaries of the region
aforesaid, and of all other the premisses, (except the before excepted;)
saving always the faith and allegiance and sovereign dominion due
to us, our heirs and successors, to have, hold, possess and enjoy, the
aforesaid region, islands, islets, and other the premisses, unto the
aforesaid now baron of Baltimore, and to his heirs and assigns, to
the sole and proper behoof and use of him, the now baron of Balti-
more, his heirs and assigns, forever : To hold of us, our heirs and
successors, kings of England, as of our castle of Windsor, in our
county of Berks, in free and common soccage, by fealty only for all
services, and not ºn capite, nor by knight’s service, yielding there-
fore unto us, our heirs, and successors two Indian arrows of those
parts, to be delivered at the said castle of Windsor, every year, on
Tuesday in Easter-week; and also the fifth part of all gold and silver
ore, which shall happen from time to time, to be found within the
aforesaid limits. t
VI. Now, that the aforesaid region, thus by us granted and
described, may be eminently distinguished above all other regions
of that territory, and decorated with more ample titles, know ye,
that we, of our more especial grace, certain knowledge, and mere
motion, have thought fit that the said region and islands be erected
into a province, as Out of the plenitude of Our royal power and pre-
rogative, we do, for us, Our heirs and successors, erect and incorporate
the same into a province, and nominate the same Maryland, by which
name we will that it shall from henceforth be called.
VII. And forasmuch as we have above made and ordained the
aforesaid now baron of Baltimore, the true lord and proprietary of
the whole province aforesaid, Know ye therefore further, that we,
for us, Our heirs and Successors, do grant unto the said now baron,
(in whose fidelity, prudence, justice, and provident circumspection
of mind, we repose the greatest confidence,) and to his heirs, for the
good and happy government of the said province, free, full, and
absolute power, by the tenor of these presents, to Ordain, make, and
638
APPENDIX.
enact laws, of what kindsoever, according to their sound discretions,
whether relating to the public state of the said province, or the
private utility of individuals, of and with the advice, assent, and
approbation of the free-men of the same province, or of the greater
art of them, or of their delegates or deputies, whom we will shall.
e called together for the framing of laws, when, and as often as:
need shall require, by the aforesaid now baron of Baltimore, and his
heirs, and in the form which shall seem best to him or them, and the
same to publish under the seal of the aforesaid now baron of Balti-
more, and his heirs, and duly to execute the same upon all persons,
for the time being, within the aforesaid province, and the limits
thereof, or under his or their government and power, in sailing
towards Maryland, or thence, returning, outward bound, either to
England, or elsewhere, whether to any other part of our, or of any
foreign dominions, wheresoever established, by the imposition of
fines, imprisonment, and other punishment whatsoever; even if it
be necessary, and the quality of the offence require it, by privation of
member, or life, by him the aforesaid now baron of Baltimore, and
his heirs, or by his or their deputy, lieutenant, judges, justices,
magistrates, officers and ministers, to be constituted and appointed
according to the tenor and true intent of these presents, º to con-
stitute and Ordain judges, justices, magistrates and officers, of what.
kind, for what cause, and with what power soever, within that land,
and the sea of those parts, and in such form as to the said now baron
of Baltimore, or his heirs, shall seem most fitting : And also to remit,
release, pardon and abolish, all crimes and offences whatsoever
against such laws, whether before, or after judgment passed; and to
do all and singular other things belonging to the completion of
justice, and to courts, praetorian judicatories, and tribunals, judicial
forms and modes of proceeding, although express mention thereof
in these presents be not made; and, by judges by them delegated, to
award process, hold pleas, and determine in those courts, praetorian
judicatories, and tribunals, in all actions, suits, causes, and matters,
whatsoever, as well criminal as personal, real and mixed, and prae-
torian: Which said laws, so to be published as abovesaid, we will,
enjoin, charge and command, to be most absolute and firm in law,
and to be kept in those parts by all the subjects and liege-men of us,
our heirs and successors, so far as they concern them, and to be
inviolably observed under the penalties therein expressed, or to be
expressed. So nevertheless, that the laws aforesaid be consonant to
reason, and be not repugnant or contrary, but (so far as conveniently
may be) agreeable to the laws, statutes, customs and rights of this
Our kingdom of England.
VIII. And forasmuch as, in the government of so great a province,
sudden accidents may frequently happen, to which it will be necessary
to apply a remedy, before the freeholders of the said province, their
delegates or deputies, can be called together for the framing of laws;
neither will it be fit that so great a number of people should immedi-
ately, on such emergent occasion, be called together, we therefore,
for the better government of so great a province, do will and Ordain,
and by these presents, for us, our heirs and successors, do grant.
unto the said now baron of Baltimore, and to his heirs, that the
aforesaid now baron of Baltimore, and his heirs, by themselves, or
by their magistrates and officers, thereunto duly to be constituted as
aforesaid, may, and can make and constitute fit and wholesom Ordi-
mances from time to time, to be kept and observed within the prov-
ince aforesaid, as well for the conservation of the peace, as for the
better government of the people inhabiting therein, and publicly to
notify the same to all persons whom the same in any wise do or may
affect. Which ordinances we will to be inviolably observed within
the said province, under the pains to be expressed in the same: So
that the said ordinances be consonant to reason, and be not repugnant,
APPENDIX.
639)
nor contrary, but (So far as conveniently may be done) agreeable to
the laws, statutes, or rights of our kingdom of England: And so that
the same Ordinances do not, in any sort, extend to oblige, bind, charge,
Or take away the right or interest of any person or persons, of, or in
member, life, freehold, goods or chattels.
IX. Furthermore, that the new colony may more happily increase
by a multitude of people resorting thither, and at the same time may
be more firmly secured from the incursions of savages, or of other
enemies, pirates and ravagers: We therefore, for us, our heirs
and successors, do by these presents give and grant power, licence
and liberty, to all the liege-men and subjects, present and future, of
us, Our heirs and Successors, except such to whom it shall be expressly
forbidden, to transport themselves and their families to the said
province, with fitting vessels, and suitable provisions, and therein
to settle, dwell and inhabit; and to build and fortify castles, forts,
and other places of strength, at the appointment of the aforesaid
now baron of Baltimore, and his heirs, for the public and their own
defence; the statute of fugitives, or any other whatsoever to the con-
trary of the premisses in any wise notwithstanding.
Y. We will also, and of our more abundant grace, for us, our heirs
and successors, do firmly charge, Constitute, Ordain and command,
that the said province be of Our allegiance; and that all and singular
the subjects and liege-men of us, Our heirs and successors, transplanted,
or hereafter to be transplanted into the province aforesaid, and the
children of them, and of others their descendants, whether already
born there, or hereafter to be born, be and shall be natives and liege-
men of us, our heirs and successors, of Our kingdom of England and
Ireland; and in all things shall be held, treated, reputed, and esteemed
as the faithful liege-men of us, and Our heirs and successors, born
within our kingdom of England; also lands, tenements, revenues,
services, and other hereditaments whatsoever, within Our kingdom
of England, and other our dominions, to inherit, or otherwise pur-
chase, receive, take, have, hold, buy and possess, and the same to:
use and enjoy, and the same to give, sell, alien and bequeath; and
likewise all privileges, franchises and liberties of this our kingdom
of England, freely, quietly, and peaceably to have and possess, and
the same may use and enjoy in the same manner as Our liege-men
born, or to be born within our said kingdom of England, without,
impediment, molestation, vexation, impeachment, or grievance of us,
or any of our heirs or successors; any statute, act, Ordinance or pro-
vision, to the contrary thereof notwithstanding.
XI. Furthermore, that our subjects may be incited to undertake.
this expedition with a ready and chearful mind: Know ye, that we,
of our especial grace, certain knowledge, and mere motion, do, by
the tenor of these presents, give and grant, as well to the aforesaid
baron of Baltimore, and to his heirs, as to all other persons who shall
from time to time repair to the said province, either for the sake of
inhabiting, or of trading with the inhabitants of the province afore-
Said, fulfiicence to ship and lade in any the ports of us, Our heirs.
and Successors, all and singular their goods, as well moveable as
immoveable, wares and merchandises, likewise grain of what sort.
SOever, and other things whatsoever necessary for food and cloathing,
by the laws and statutes of our kingdoms and dominions, not pro-
hibited to be transported out of the said kingdoms; and the same to
transport, by themselves, or their servants or assigns, into the Said
province, without the impediment or molestation of us, Our heirs or
Successors, or of any officers of us, our heirs or successors, (Saving
unto us, Our heirs and successors, the impositions, subsidies, customs,
and other dues payable for the same goods and merchandises,) any
statute, act, Ordinance, or other thing whatsoever to the contrary
notwithstanding.
640
APPENDIX.
XII. But because, that in so remote a region, placed among so
many barbarous nations, the incursions as well of the barbarians
themselves, as of other enemies, pirates and ravagers, probably will
be feared, therefore we have given, and for us, Our heirs and suc-
cessors, do give by these presents, as full and unrestrained power,
as any captain-general of an army ever hath had, unto the aforesaid
now baron of Baltimorè, and to his heirs and assigns, by themselves,
or by their captains, or other officers, to summon to their standards,
and to array all men, of whatsoever condition, Or wheresoever born,
for the time being, in the said province of Maryland, to wage war,
and to pursue, even beyond §eº of their province, the enemies
and ravagers aforesaid, infesting those parts by land and by sea,
and (if God shall grant it) to vanquish and captivate them, and the
captives to put to death, Or, according to their discretion, to save,
and to do all other and singular the things which appertain, or have
been accustomed to appertain unto the authority and office of a cap-
tain-general of an army. t
XIII. We also will, and by this our charter, do give unto the
aforesaid now baron of Baltimore, and to his heirs and assigns,
power, liberty and authority, that in case of rebellion, Sudden tumult,
or sedition, if any (which God forbid) should happen to arise,
whether upon land within the province aforesaid, or upon the high
sea in making a voyage to the said province of Maryland, or in
returning thence, they may, by themselves, or by their captains, or
other officers, thereunto deputed under their seals (to whom we for
us, our heirs and successors, by these presents, do give and grant
the fullest power and authority) exercise martial law as freely, and
in as ample manner and form, as any captain-general of an army,
by virtue of his office may, or hath accustomed to use the same,
against the seditious authors of innovations in those parts, with-
drawing themselves from the government of him or them, refusing
to serve in war, flying over to the enemy, exceeding their leave of
absence, deserters, or otherwise howsoever offending against the
rule, law, or discipline of war. s'
XIV. Moreover, left in so remote and far distant a region, every
access to honours and dignities may seem to be precluded, and utterly
barred, to men well born, who are preparing to engage in the present
expedition, and desirous of deserving well, both in peace and war,
of us, and our kingdoms; for this cause, We, for us, Our heirs and
successors, do give free and plenary power to the aforesaid now
baron of Baltimore, and to his heirs and assigns, to confer favours,
rewards and honours, upon such subjects, inhabiting within the
province aforesaid, as shall be well deserving, and to adorn them
with whatsoever titles and dignities they shall appoint ; (so that
they be not such as are now used in England) also to erect and incor-
porate towns into boroughs, and boroughs into cities, with suitable
privileges and immunities, according to the merits of the inhabi-
tants, and convenience of the places; and to do all and singular
other things in the premises, which to him or them shall seem fitting
and convenient ; even although they shall be such as, in their own
nature, require a more special commandment and warrant than in
these presents may be expressed.
XV. We will also, and by these presents do, for us, our heirs and
successors, give and grant license by this Our charter, unto the afore-
said now baron of Baltimore, his heirs and assigns, and to all per-
sons whatsoever, who are, or shall be residents and inhabitants of
the province aforesaid, freely to import and unlade, by themselves,
their servants, factors or assigns, all wares and merchandises what-
SOever, which shall be collected out of the fruits and commodities of
the said province, whether the product of the land or the sea, into
any the ports whatsoever of us, Our heirs and successors, of England
Or Ireland, or otherwise to dispose of the same there ; and, if need
APPENDIX.
641
be, within one year, to be computed immediately from the time of
unlading thereof, to lade the same merchandises again, in the same,
or other ships, and to export the same to any other countries they
shall think proper, whether belonging to us, or any foreign power
which shall be in amity with us, our heirs or successors : Provided
always, That they be bound to pay for the same to us, our heirs and
Successors, such customs and impositions, subsidies and taxes, as our
Other subjects of our kingdom of England, for the time being, shall
be bound to pay, beyond which we will that the inhabitants of the
aforesaid province of the Said land, called Maryland, shall not be
.# - -
XVI. And furthermore, of our more ample special grace, and of
Our certain knowledge, and mere motion, we do, for us, our heirs and
successors, grant unto the aforesaid now baron of Baltimore, his heirs
and assigns, full and absolute power and authority to make, erect and
constitute, within the province of Maryland, and º islands and islets
aforesaid, such, and so many sea-ports, harbours, creeks, and other
places of unlading and discharge of goods and merchandises out of
ships, boats, and other vessels, and of lading in the same, and in so
many, and such places, and with such rights, jurisdictions, liberties
and privileges, unto Such ports respecting, as to him or them shall
seem most expedient : And, that all and every the ships, boats, and
other vessels whatsoever, coming to, or going from the province
aforesaid, for the sake of merchandising, shall be laden and unladen
at such ports only as shall be so erected and constituted by the said
now baron of Baltimore, his heirs and assigns, any usage, custom,
or any other thing whatsoever to the contrary notwithstanding.
Saving always to us, our heirs and successors, and to all the subjects
of our kingdoms of England and Ireland, of us, Our heirs and succes-
sors, the liberty of fishing for sea-fish, as well in the Sea, bays,
straits, and navigable rivers, as in the harbours, bays, and Creeks of
the province aforesaid; and the privilege of salting and drying fish
on the shores of the same province ; and, for that cause, to cut down
and take hedging-wood and twigs there growing, and to build huts
and cabins, necessary in this behalf, in the same manner as hereto-
fore they reasonably might, or have used to do. Which liberties
and privileges, the said subjects of us, our heirs and successors, shall
enjoy, without notable damage or injury in any wise to be done to
the aforesaid now baron of Baltimore, his heirs or assigns, or to the
residents and inhabitants of the same province in the ports, Creeks,
and shores aforesaid, and especially in the woods and trees there
growing. And if any person shall do damage or injury of this kind,
he shall incur the .# and pain of the heavy displeasure of us, Our
heirs and succesors, and of the due chastisement of the laws, besides
making Satisfaction.
|XVII. Moreover, we will, appoint, and ordain, and by these
presents, for us, Our heirs and successors, do grant unto the afore-
said now baron of Baltimore, his heirs and assigns, that the same
baron of Baltimore, his heirs and assigns, from time to time, for
ever, shall have, and enjoy the taxes and subsidies payable, or
arising within the ports, harbours, and other Creeks and places
aforesaid, within the province aforesaid, for wares bought and sold,
and things there to be laden or unladen, to be reasonably assessed by
them, and the people there as aforesaid, on emergent occasion; to
whom we grant power by these presents, for us, our heirs and Suc-
cessors, to assess and impose the said taxes and subsidies there, upon
just cause, and in due proportion.
XVIII. And furthermore, of our special grace, and certain knowl-
edge, and mere motion, we have given, granted and confirmed, and
by these presents, for us, our heirs and successors, do give, grant
41 C S . . . . -
642
APPENDIX.
and confirm, unto the aforesaid now baron of Baltimore, his heirs
and assigns, full and absolute licence, power and authority, that he,
the aforesaid now baron of Baltimore, his heirs and assigns, from
time to time hereafter, for ever, may and can, at his or their will
and pleasure, assign, alien, grant, demise, or enfeoff So many, such,
and proportionate parts and parcels of the premises, to any person or
persons willing to purchase the same, as they shall think convenient,
to have and to hold to the same person or persons Willing to take or
purchase the same, and his and their heirs and assigns, in fee-simple, or
fee-tail, or for term of life, lives or years; to hold of the aforesaid
now baron of Baltimore, his heirs and assigns, by SO many, such,
and so great services, customs and rents, of this kind, as to the same
now baron of Baltimore, his heirs and assigns, shall seem fit and
agreeable, and not immediately of us, Our heirs or Successors. And
we do give, and by these presents, for us, Our heirs and successors,
do grant to the same person and persons, and to each and every of
them, licence, authority and power, that such person and persons,
may take the premisses, or any parcel thereof, of the aforesaid now
baroll of Baltimore, his heirs and assigns, and hold the same to them
and their assigns, or their heirs, of the aforesaid baron of Baltimore,
his heirs and assigns, of what estate of inheritance SOever, in fee-
simple or fee-tail, or otherwise, as to them and the now baron of
Baltimore, his heirs and assigns, shall seem expedient ; the statute
made in the parliament of lord Edward, Son of king Henry, late
king of England, Our progenitor, commonly called the “Statute quia.
emptores terrarum,” heretofore published in our kingdom of Eng-
land, or any other statute, act, ordinance, usage, law, or custom, or
any other thing, cause or matter, to the contrary thereof, heretofore
had, done, published, ordained, or provided to the contraly thereof
notwithstanding.
XIX. We also, by these presents, do give and grant licence to the
same baron of Baltimore, and to his heirs, to erect any parcels of land
within the province aforesaid, into manors, and in every of those
manors, to have and to hold a court-baron, and all things which to
a court-baron do belong; and to have alld to keep view of frank-
pledge, for the conservation of the peace and better government of
those parts, by themselves and their stewards, or by the lords, for
the time being to be deputed, of other of those manors when they
shall be constituted, and in the same to exercise all things to the view
of frank-pledge belonging.
XX. And further we will, and do, by these presents, for us, Our
heirs and successors, covenant and grant to, and with the aforesaid
now baron of Baltimore, his heirs and assigns, that we, Our heirs
and successors, at no time hereafter, Will impose, or make or cause
to be imposed, any impositions, customs, or other taxations, quotas
or contributions whatsoever, in or upon the residents or inhabitants
of the province aforesaid for their goods, lands, or tenements within
the same province, or upon any tenements, lands, goods or chattels
within the province aforesaid, or in or upon any goods or merchan-
dises within the province aforesaid, or within, the ports or harbours
of the said province, to be laden Orunladen: And we will and do, for us,
our heirs and successors, enjoin and command that this Our declara-
tion shall, from time to time, be received and allowed in all Our
courts and praetorian judicatories, and before all the judges whatso-
ever of us, our heirs and successors, for a sufficient and lawful dis-
charge, payment, and acquittance thereof, charging all and singular
the officers and ministers of us, our heirs and successors, and enjoin-
ing them, under our heavy displeasure, that they do not at any time
presume to attempt any thing to the contrary of the premisses or
that may in any wise contravene the same, but that they, at all times,
as is fitting, do aid and assist the aforesaid now baron of Baltimore,
*
ſ
º APPENDIX.
643
and his heirs, and the aforesaid inhabitants and merchants of the
brovince of Maryland aforesaid, and their servants and ministers,
factors and assigns, in the fullest use and enjoyment of this our
charter. . ~ *
XXI. And furthermore we will, and by these presents, for us, our +
heirs and successors, do grant unto the aforesaid now baron of Balti-
more, his heirs and assigns, and to the freeholders and inhabitants
of the said province, both present and to come, and to every of them,
that the said province, and the freeholders or inhabitants of the said
colony or country, shall not henceforth be held or reputed a member
or part of the land of Virginia, or of any other colony already
transported, or hereafter to be transported, or be dependent on the
Same, or subordinate in any kind of government, from which we do
Separate both the said province, and inhabitants thereof, and by
these presents do will to be distinct, and that they may be immedi-
ately subject to Our Crown of England, and dependent on the same
for ever.
XXII. And if, peradventure, hereafter it may happen, that any
doubts or questions should arise concerning the true sense and mean-
ing of any word, clause or sentence, contained in this our present
charter, we will, charge and command, that interpretation to be
applied, always, and in all things, and in all our courts and judi-
catories whatsoever, to obtain which shall be judged to be the more
beneficial, profitable, and favourable to the aforesaid now baron of
Baltimore, his heirs and assigns: Provided always, That no inter-
pretation thereof be made, whereby God’s holy and true christian
religion, or the allegiance due to us, Our heirs and successors, may
in any wise suffer by change, prejudice, or diminution; although
express mention be not made in these presents of the true yearly
value or certainty of the premisses, or of any part thereof, or of
other gifts and grants made by us, Our heirs and predecessors, unto
the said now lord Baltimore, or any statute, act, ordinance, provis-
ion, proclamatian or restraint, heretofore had, made, published,
Ordained or provided, or any other thing, cause, or matter whatso-
ever, to the contrary thereof in any wise notwithstanding. -
XXIII. In witness whereof we have caused these our letters to be
made patent. Witness ourself at Westminster, the twentieth day
of June, in the eighth year of our reign.
THE DECLARATION OF RIGHTS OF THE STATE OF MARYLAND
- AS IT NOW STANDS.
The parliament of Great Britain, by a declaratory act, having
assumed a right to make laws to bind the colonies in all cases what-
soever, and in pursuance of such claim endeavoured by force of
arms to subjugate the United Colonies to an unconditional submis-
sion to their will and power, and having at length constrained them
to declare themselves independent states, and to assume government
under the authority of the people, Therefore, we, the Delegates of
Maryland, in free and full convention assembled, taking into Our
most serious consideration, the best means of establishing a good
constitution in this state, for the surer foundation, and more perma-
ment security thereof, declare, * -
1. That all government of right Originates from the people, is
founded in compact only, and instituted solely for the good of the
whole. . -
* By sec. 457, R.S. D.C., the thirty-fourth section of the Maryland Bill of Rights was adopted, 1
Mackey Rep., 566, Guiteau case. -
Declaration of
rights.
1 Dorsey, XXV.
644 APPENDIX.
2. That the people of this state ought to have the sole and exclu-
* sive right of ºil. the internal government and police thereof.
s: " Mºjº. 3. That the inhabitants of Maryland are entitled to the common
fºls.”.e. law of England, and the trial by jury according to the course of
Rep. 298, van that law, and to the benefit of such of the English statutes” as existed
Ness vs. Hyatt; 12 at the time of their first emigration, and which by experience have
£eters, Rep.3.6% been found applicable to their local and other circumstances, and of
Kºº.* © §: such others as have been since made in England or Great Britain,
Rep. º.º.º. and have been º used, and practised by the courts of law
vs. Jennégen; 1 or equity; and also to all acts of assembly in force on the first of
Magkey Rep.,566, June, seventeen hundred and seventy-four, except such as may have
gº & Sº * since expired, or have been, or may be altered by acts of convention,
.."...o.º. or this declaration of rights; subject nevertheless to the revision of,
Mustin. and amendment or repeal by the legislature of this state ; and the
inhabitants of Maryland are also entitled to all property derived to
them from or under the charter granted by his majesty Charles the
first, to Caecilius Calvert, baron of Baltimore.
4. That all persons invested with the legislative or executive
powers of government are the trustees of the public, and as such
accountable for their conduct; wherefore, whenever the ends of
government are perverted, and public liberty manifestly endangered,
and all other means of redress are ineffectual, the people may, and
of right Ought, to reform the old, or establish a new government;
the doctrine of non-resistance against arbitrary power and oppres-
sion, is absurd, slavish, and destructive of the good and happiness
of mankind.
5. That the right in the people to participate in the legislature is
the best security of liberty, and the foundation of all free govern-
ment; for this purpose elections Ought to be free and frequent, and
every man having property im, a common interest with, and an
attachment to the community, Ought to have a right of Suffrage.
6. That the legislative, executive, and judicial powers of govern-
ment, Ought to be for ever separate and distinct from each other.
4. That no power of suspending laws, or the execution of laws,
unless by or derived from the legislature, ought to be exercised or
allowed.
8. That freedom of speech and debates or proceedings in the legis-
lature, Ought not to be impeached in any other court of judicature.
9. That a place for the meeting of the legislature ought to be
fixed, the most convenient to the members thereof, and to the
depository of the public records; and the legislature ought not to be
convened or held at any other place but from evident necessity.
10. That for the redress of grievances, and for amending, strength-
eming and preserving the laws, the legislature ought to be frequently
convened. -
11. That every man hath a right to petition the legislature for
the redress of grievances in a peaceable and Orderly manner.
12. That no aid, charge, tax, burthen, fee or fees, ought to be set,
rated or levied, under any pretence, without the consent of the
legislature.
13. That the levying taxes by the poll is grevious and oppressive,
and ought to be abolished; that paupers Ought not to be assessed for
the support of government, but every other person in the state
ought to contribute his proportion of public taxes, for the support
of government, according to his actual worth in real or personal
property within this state; yet fines, duties or taxes, may properly
and justly be imposed or laid with a political view for the good
government and benefit of the community.
14. That sanguinary laws ought to be avoided, as far as is con-
sistent with the safely of the state; and no law to inflict cruel and
unusual pains and penalties Ought to be made, in any case, or at any
time hereafter. *
APPENDIX. 645
I5. That retrospective laws, punishing facts committed before the 1McArthur Rep.,
existence of such laws, and by them only declared criminal, are 79, Kimbro vs.
oppressive, unjust and incompatible with liberty; wherefore no ex Fºlº *:
post facto law. Ought to be made. e jºie. %. ;
e' U. S. Rep., 814, Stone vs. Miss; 3 Dallas Rep., 386, Calder vs. Bull; 8 Peters Rep.,
88, Watson vs. Mercer; 3 R. I. Rep., 117, State vs. Cleveland.
16. That no law to attaint particular persons of treason or felony,
Ought to be made in any case or at any time hereafter. .
17. That every free man, for any injury done to him in his person,
or property, ought to have remedy by the course of the law of the
land, and Ought to have justice and right, freely without sale, fully
without any denial, and speedily without delay, according to the law
of the land.
18. That the trial of facts where they arise, is one of the greatest
Securities of the lives, liberties, and estate of the people.
19. That in all criminal prosecutions, every man hath a right to
be informed of the accusation against him ; to have a copy of the
indictment, or charge, in due time, (if required,) to prepare for his
defence; to be allowed counsel; to be confronted with the witnesses
against him; to have process for his witnesses; to examine the wit-
messes for and against him on oath, and to a speedy trial by an impar-
jºy, without whose unanimous consent he ought not to be found
guilty. -
20. That no man ought to be compelled to give evidence against
himself in a court of common law, or in any other court, but in such
cases as have been usually practised in this state, or may hereafter
be directed by the legislature. -
21. That no freeman ought to be taken or imprisoned, or disseized 4 Wallace Rep.,
of his freehold, liberties or privileges, or outlawed, or exiled, or in § Cummins vs.
any manner destroyed, or deprived of his life, liberty or property, *
but by the judgment of his peers, or by the law of the land.
22. That excessive bail ought not to be required, nor excessive
fines imposed, nor cruel or unusual punishments inflicted by the
courts of law. r - . . -i.
23. That all warrants without oath, or affirmation, to search sus- e.8% Kanº Rep.,
º re & - * tº ºn "º" * * * ** * Aº Aº wº State vs. Gleason;
pected places, or to seize any person, or property, are grevious and º. º.º.
Oppressive ; and all general warrants to search Suspected places, or Smith".s. Šit.
to apprehend suspected persons, without naming or describing the 4 Wallace Rep.,2,
place, or the person in special, are illegal and Ought not to be Hºpgºlé Milligan;
granted. ~. * i. ºg 616,
24. That there ought to be no forfeiture of any part of the estate *** * *
of any person for any crime except murder, or treason against the
state, and then only on conviction and attainder.
25. That a well regulated militia is the propér and natural defence
of a free government.
26. That standing armies are dangerous to liberty, and Ought not
to be raised or kept up without consent of the legislature.
27. That in all cases and at all times the military ought to be under
strict subordination to, and control of, the civil power.
28. That no soldier ought to be quartered in any house in time of
peace without the consent of the owner, and in time of War in such
manner Only as the legislature shall direct. - -
29. That no person except regular Soldiers, mariners and marines,
in the service of this state, or militia, when in actual scrvice, Ought
in any case to be subject to, or punishable by martial law.
30. That the independency and uprightness of judges are essential
to the impartial administration of justice, and a great Security to the
rights and liberties of the people ; wherefore, the chancellor and all
judges ought to hold commissions during good behaviour; and the
said chancellor and judges shall be removed for misbehavior, On con-
viction in a court of law, and may be removed by the governor, upon
the address of the general assembly: Provided, That two-thirds of all
646
APPENDIX.
1809, ch. 167.
the members of each house concur in such address. That salaries,
liberal, but not profuse, ought to be secured to the chancellor and
the judges during the continuance of their commissions, in such man-
ner and at such time, as the legislature shall hereafter direct, upon
consideration of the circumstances of this state. No chancellor or
judge ought to hold any other office, civil or military, or receive fees
or perquisites of any kind. - -
31. That a long continuance in the first executive departments of
power or trust, is dangerous to liberty; a rotation, therefore, in those
departments, is one of the best securities of permanent freedom.
32. That no person ought to hold, at the same time, more than one
Office of profit, nor Ought any person in public trust to receive any
present from any foreign prince or state, or from the United States,
Or any of them, without the approbation of this state.
33. That, as it is the duty of every man to worship God in such
manner as he thinks most acceptable to him, all persons professing
the christian religion are equally entitled to protection in their re-
ligious liberty ; wherefore, no person ought by any law to be mo-
lested in his person Or estate, on account of his religious persuasion
or profession, or for his religious practice; unless, under colour of
religion, any man shall disturb the good order, peace, or safety of
the state, or shall infringe the laws of morality, or injure others in
their natural, civil or religious rights: nor Ought any person to be
compelled to frequent or maintain, or contribute, unless On contract,
to maintain any place of worship, or any ministry. It shall not be
lawful for the general assembly of this state to lay an equal general
tax, or any other tax on the people of this state for the support of
any religion, but the churches, chapels, glebes, and all other property,
now belonging to the church of England, Ought to remain to the
church of England for ever. And all acts of assembly lately passed,
for collecting moneys for building or repairing particular churches
or chapels of ease, shall continue in force, and be executed, unless
the legislature shall, by act, Supersede or repeal the same : but no
county court shall assess any quantity of tobacco, or sum of money,
hereafter, on the application of any vestrymen or church wardens;
and every incumbent of the church of England, who hath remained
in his parish, and performed his duty, shall be entitled to receive the
provision and support established by the act, entitled, an act for the
support of the clergy of the church of England in this province, till
the November court of this present year, to be held for the county
in which his parish shall lie, or partly lie, or for such time as he
hath remained in his parish, and performed his duty.
34. That every gift, sale, or devise of lands, to any minister, pub-
lic 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 ; and
every gift or sale of goods or chattels, to go in succession, or to take
place after the death of the seller or donor, to or for such support,
use, or benefit, and also every devise of goods or chattels to or for
the support, use, or benefit of any minister, public teacher, or
preacher of the gospel, as such, or any religious sect, Order, or
enomination, without the leave of the legislature, shall be void,
except always any sale, gift, lease, or devise of any quantity of land
Inot exceeding two acres, for a church, meeting, or other house of
worship, and for a burying ground, which shall be improved,
enjoyed, or used Only for such purpose, or such sale, gift, lease, or
devise, shall be void. * ,
* Repealed by sec. 457, p. 54. R. S. D. C. 94 U. S. Rep., 308, . Ould vs. Washington Hospital, 5
Cranch, Ct. R., 632, Newton vs. Carbery. ..~ *
APPENDIX. 647
35. That no other test or qualification ought to be required, on
admission to any office of trust or profit, than such oath of support
and fidelity to this state, and such oath of office, as shall be directed
by this convention or the legislature of this state, and a declaration,
of a belief in the christian religion. -
36. That the manner of administering an oath to any person ought 1. Cranch Ct.
to be such as those of the religious persuasion, professión, or denom- Rº 15" Bryan's
ination, of which such person is one, generally esteem the most “” §
effectual confirmation by the attestation of the Divine Being ; and
that the people called quakers, those called tunkers, and those called
menonists, holding it unlawful to take an oath,” on any occasion,
ought to be allowed to make their solemn affirmation in the manner
that quakers have been heretofore allowed to affirm, and to be of the
same avail as an oath, in all such cases as the affirmation of quakers
hath been allowed and accepted within this state instead of an oath.
And further, on such affirmation warrants to Search for stolen goods,
or the apprehension or commitment of Offenders, ought to be
granted, or security for the peace awarded, and quakers, tunkers,
Or memonists, Ought also, On their Solemn affirmation as aforesaid,
to be admitted as witnesses in all criminal cases.*
• 37. That the city of Annapolis Ought to have all its rights, privi-
leges and benefits, agreeable to its charter and the acts of assembly
confirming and regulating the same ; subject, nevertheless, to such
alterations as may be made by this convention or any future legisla-
ture. --- -
38. That the liberty of the press ought to be inviolably preserved.
39. That monopolies are odious, contrary to the spirit of a free
government, and the principles of commerce, and Ought not to be
suffered.
40. That no title of mobility, or hereditary honour, ought to be
granted in this state. -
41. That the subsisting resolves of this and the several conven-
tions held for this colony, Ought to be in force as laws, unless altered
by this convention, or the legislature of this state. --
42. That this declaration of rights, or the form of government to
be established by this convention, or any part of either of them,
ought not to be altered, changed, or abolished by the legislature of
º state, but in such manner as this convention shall prescribe and
irect.
* Constitution, see 1797, ch. 118, and other “Constitutional amendments,” for the enlargement and
modification of this principle. 2 Kilty's laws, p. 760. -
- - - ----------->
AN ACT FOR ESTABLISHING THE TEMPORARY AND PERMANENT
. SEAT OF GOVERNMENT OF THE UNITED STATES.
SEC. 1. That a district of territory not exceeding ten miles square,
to be located as hereafter directed, on the river Potomac, at some . District on the
place between the mouths of the Eastern Branch and Conogo- Fº º
cheague, be, and the same is hereby, accepted for the permanent .*.*.*.*.
seat of the Government of the United States: Provided, meverthe- ment.
less, That the operation of the laws of the State within such district . When State
shall not be affected by this acceptance until the time fixed for the laws shall cease.
removal of the Government thereto, and until Congress shall other- 1 stat., 130.
wise by law provide. - July 16, 1790,
SEC, 2. That the President of the United States be authorized to President to ap-
appoint, and, by supplying vacancies happening from refusals to point Cºmmission,
act, or other causes, to keep in appointment as long as may be neces- iñº locate and
648 . APPENDIX.
sary, three commissioners, who, or any two of them, shall, under
the direction of the President, survey, and by proper metes and
bounds define and limit, a district of territory under the limitations
above mentioned; and the district so defined, limited, and located,
shall be deemed the district accepted by this act for the permanent
seat of the Government of the United States.
May purchase SEC. 3. That the said commissioners, or any two of them, shall
and agº anº, have power to purchase or accept such quantity of land on the
:*.*. eastern side of the said river, within the said district, as the Presi-
.# offices. dent shall deem proper for the use of the United States; and, accord-
ing to such plans as the President shall approve, the said commis-
sioners, or any two of them, shall, prior to the first Monday in
December, in the year eighteen hundred, provide suitable buildings
for the accommodation of Congress, and of the President, and for
the public offices of the Government of the United States.
Expenses, how SEC. 4. That for defraying the expense of such purchases and
paid. buildings the President of the United States be authorized and
requested to accept grants of money.
Seat of govern- SEC. 5. That prior to the first Monday in December next all offices
º * attached to the seat of government of the United States shall be
phia until removed to, and until the said first Monday in December, in the
year eighteen hundred, shall remain at the city of Philadelphia,
in the State of Pennsylvania, at which place the session of Congress
next ensuing the present shall be held.
Seat of govern- SEC. 6. That on the said first Monday in December, in the year
ment to be re; eighteen hundred, the seat of the Government of the United States
§. ...; shall, by virtue of this act, be transferred to the district and place
Il LJeCé ” aforesaid. And all offices attached to the said seat of government
shallaccordingly be removed thereto by their respective holders, and
shall, after the said day, cease to be exercised elsewhere; and that
the necessary expense of such removal shall be defrayed out of the
duties on imposts and tonnage, of which a sufficient sum is hereby
appropriated.
AN ACT TO AMEND “AN ACT FOR ESTABLISHING THE TEMPORARY
AND PERMANIENT SEAT OF THE GOVERNMENT OF THE UNITED
STATES.” -
Repealing, cer. That so much of the act entitled “An act for establishing the
ſain part of ag; temporary and permanent seat of the Government of the United
ºff ºf States” as requires that the whole of the district of territory, not
seat of govern- tº ſº ©
ment and Resting exceeding ten miles Square, to be located on the river Potomac for
the President with the permanent seat of the Government of the United States, shall be
certain powers. located above the mouth of the Eastern Branch, be, and the same is,
1 Stat., 214. hereby repealed, and that it shall be lawful for the President to make
Mar. 3, 1791. any part of the said territory below the said limit, and above the
mouth of Hunting Creek, a part of the said district, so as to include
a convenient part of the Eastern Branch, and of the lands lying on
the lower side thereof, and also the town of Alexandria ; and the
territory so included shall form a part of the district not exceeding -
ten miles Square, for the permanent seat of the Government of the
United States, in like manner and to all intents and purposes as if
the same had been within the purview of the above-recited act:
Provided, That nothing herein contained shall authorize the erection
of the public buildings otherwise than on the Maryland side of the
river Potomac, as required by the aforesaid act.
APPENDIX.
649.
|BY THE PRESIDENT OF THE UNITED STATES.
A PROCLAMATION.
Whereas the general assembly of the State of Maryland, by an
act passed on the twenty-third day of December, seventeen hundred
and eighty-eight, entitled “An act to cede to Congress a district of
ten miles Square in this State, for the seat of the Government of the
United States,” did enact that the representatives of the said State
in the House of Representatives of the Congress of the United States,
appointed to assemble at New York on the first Wednesday in March
then next ensuing, should be, and they were thereby authorized and
required, on behalf of the said State, to cede to the Congress of the
United States any district in the said State, not exceeding ten miles
Square, which the Congress might fix upon and accept for the seat
of Government of the United States.
And the general assembly of the Commonwealth of Virginia, by
an act passed on the third day of December, Seventeen hundred and
eighty-nine, and entitled “An act for the cession of ten miles square,
or any lesser quantity of territory within this State, to the United
States in Congress assembled, for the permanent seat of the general
government,” did enact that a tract of country not exceeding ten
miles square, or any lesser quantity to be located within the limits
of the said State, and in any part thereof, as Congress might by law
direct, should be and the same was thereby forever ceded and relin-
quished to the Congress and Government of the United States, in
full and absolute right and exclusive jurisdiction, as well of soil as
of persons residing or to reside thereon, pursuant to the tenor and
effect of the eighth section of the first Article of the Constitution of
the United States. sº
And the Congress of the United States, by their act passed on the
sixteenth day of July, seventeen hundred and ninety, and entitled
“An act for establishing the temporary and permanent seat of the
Government of the United States,” authorized the President of the
United States to appoint three commissioners to survey, under his
direction, and by proper metes and bounds to limit a district of terri-
tory, not exceeding ten miles Square, on the river Potomac, at some
place between the Eastern Branch and Conococheague, which district
so to be located and limited was accepted by the said act of Congress
as the district for the permanent seat of the Government of the
United States :
Now, therefore, in pursuance of the powers to me confided, and
after duly examining and Weighing the advantages and disadvantages
of the several situations within the limits aforesaid, I do hereby
declare and make known, that the location of One part of the said
district of ten miles square shall be found by running four lines of
experiment in the following manner: that is to say, running from
the court-house of Alexandria, in Virginia, due Southwest half a
mile, and thence a due southeast course till it shall strike Hunting
Creek, to fix the beginning of the said four lines of experiment.
Then beginning the first of the said four lines of experiment at the
point on Hunting Creek where the said southeast course shall have
struck the same, and running the said first line due northwest ten
miles; thence the second line into Maryland due northeast ten miles;
thence the third line due southeast ten miles; and thence the fourth
line due southwest ten miles, to the beginning on Hunting Creek.
And the said four lines of experiment being so run, I do hereby
declare and make known, that all that part within the said four lines
of experiment which shall be within the State of Maryland, and above
the Eastern Branch, and all that part within the same four lines of
experiment which shall be within the Commonwealth of Virginia,
Jan. 24, 1791.
APPENDIX.
Mar, 30, 1791.
and above a line to be run from the point of land forming the upper
cape of the mouth of the Eastern Branch due southwest, and no more,
is now fixed upon and directed to be surveyed, defined, limited, and
located for a part of the said district accepted by the Said act of
Congress for the permanent seat of the Government of the United
States; hereby expressly reserving the direction of the Survey and
location of the remaining part of the said district, to be made here-
after, contiguous to such part or parts of the present location as is or
shall be agreeably to law. -
And I do accordingly direct the said commissioners appointed
agreeably to the tenor of said act to proceed forthwith to run the
said lines of experiment, and the same being run, to Survey, and by
proper metes and bounds to define and limit the part within the same
which is hereinbefore directed for immediate location and acceptance;
and thereof to make due report to me, under their hands and Seals.
In testimony whereof, I have caused the seal of the United States
to be affixed to these presents, and signed the same with my hand.
Done at the city of Philadelphia, the twenty-fourth day of January,
in the year of our Lord seventeen hundred and ninety-One, and of
the Independence of the United States the fifteenth,
ſº GEORGE WASHINGTON.
y the President:
THOMAS JEFFERSON.
BY THE PRESIDENT OF THE UNITED STATES.
A PROCLAMATION.
Whereas, by a proclamation bearing date the twenty-fourth day
of January of this present year, and in pursuance of certain acts of
the States of Maryland and Virginia, and of the Congress of the
United States therein mentioned, certain lines of experiment were
directed to be run in the neighborhood of Georgetown, in Mary-
land, for the purpose of locating a part of the territory, of ten miles
square, for the permanent seat of Government of the United States,
and a certain part was directed to be located within the said lines of
experiment on both sides of the Potomac, and above the limit of
the Eastern Branch, prescribed by the said act of Congress;
And Congress, by an amendatory act, passed on the third day of
this present month of March, have given further authority to the
President of the United States “to make any part of the said terri-
tory below the said limit, and above the mouth of Hunting Creek, a
part of the said district, so as to include a convenient part of the
Eastern Branch and of the lands lying on the lower side thereof,
and also the town of Alexandria : *
Now, therefore, for the purpose of amending and completing the
location of the whole of the said territory, of ten miles square, in
conformity with the said amendatory act of Congress, I do hereby
declare and make known, that the whole of the said territory shall
be located and included within the four lines following ; that is to
Say :
Beginning at Jones's Point, being the upper cape of Hunting
Creek, in Virginia, and at an angle in the outset of forty-five degrees
west of the north, and running in a direct line ten miles, for the first
line; then beginning again at the same Jones's Point and running
another direct line, at a right angle with the first, across the Poto-
mac, ten miles, for the Second line; thence from the termination of
the said first and Second lines, running two other direct lines of ten
miles each, the One crossing the Eastern Branch aforesaid, and the
other the Potomac, and meeting each other in a point.
APPENDIX. 651
And I do accordingly direct the commissioners named under the
authority of the said first-mentioned act of Congress to proceed forth-
with to have the said four lines run, and by proper metes and bounds
defined and limited; and thereof to make due report, under their
hands, and Seals; and the territory so to be located, defined, and
limited shall be the whole territory accepted by the said act of Con-
gress as the district for the permanent seat of the Government of the
|United States.
In testimony whereof, I have caused the seal of the United States
to be affixed to these presents, and signed the same with my hand.
Dome at Georgetown aforesaid, the thirtieth day of March, in the
year of Our Lord seventeen hundred and ninety-one, and of the
Independence of the United States the fifteenth.
º GEORGE WASHINGTON.
y the President : -
THOMAS JEFFERSON.
ACT OF CESSION FROM THE STATE OF VIRGINLA.
.AN ACT for the cession of ten miles Square, or any lesser quantity of territory
within this State, to the United States, in Congress assembled, for the permanent
seat of the General Government. [Passed the 3d December, 1789.]
I. Whereas the equal and common benefits resulting from the Burch's Dig., p.
administration of the General Government will be best diffused, and 213.
its operations become more prompt and certain, by establishing such
a situation for the seat of the said Government as will be most central
and convenient to the citizens of the United States at large ; having
regard as well to population, extent of territory, and a free naviga-
tion to the Atlantic Ocean, through the Chesapeake Bay, as to the
most direct and ready communication with our fellow-citizens on the
western frontier; and whereas it appears to this assembly that a
situation combining all the considerations and advantages before
recited may be had on the banks of the river Potomac, above tide-
water, in a country rich and fertile in soil, healthy and salubrious in
climate, and abounding in all the necessaries and conveniences of life,
where, in a location of ten miles square, if the wisdom of Congress
shall so direet, the States of Pennsylvania, Maryland, and Virginia,
may participate in such location :
II. Be it therefore emacted by the genveral assembly, That a tract of
country, not exceeding ten miles square, or any lesser quantity, to
be located within the limits of the State, and in any part thereof, as
Congress may by law direct, shall be, and the same is hereby forever
ceded and relinquished to the Congress and Government of the United
States, in full and absolute right, and exclusive jurisdiction, as well
of soil as of persons residing or to reside thereon, pursuant to the
tenor and effect of the eighth section of the first article of the Con-
stitution of the Government of the United States.
III. Provided, That nothing herein contained shall be construed
to vest in the United States any right of property in the soil, or to
* affect the rights of individuals therein, otherwise than the same shall
or may be transferred by such individuals to the United States.
IV. Amd provided also, That the jurisdiction of the laws of this
commonwealth over the persons and property of individuals residing
within the limits of the cession aforesaid, shall not cease or determine
until Congress, having accepted the said cession, shall, by law,
provide for the government thereof, under, their jurisdiction, in
manner provided by the article of the Constitution before recited.
652 * APPENDIX.
AN ACT TO RETROCEDE THE COUNTY OF ALEXANDRIA, IN THE:
DISTRICT OF COLUMBIA, TO THE STATE OF VIRGINIA.*
July 9, 1846. Whereas no more territory ought to be held under the exclusive.
- sº sº *, *h, legislation given to Congress over the District which is the seat of
, p. 30. the General Government than may be necessary and proper for the
purposes of such a seat; and whereas experience hath shown that the
§. of the District of Columbia ceded to the United States by the
tate of Virginia has not been, nor is ever likely to be, necessary for
that purpose; and whereas the State of Virginia, by an act passed on
the third day of February, eighteen hundred and forty-six, entitled
“An act accepting by the State of Virginia the county of Alexandria,
in the District of Columbia, when the same shall be re-ceded by the
Congress of the United States,” hath signified her willingness to take
back the said territory ceded as aforesaid: Therefore, -
Be it emacted by the Senate and Howse of Representatives of the
United States of America in Congress assembled, That with the
assent of the people of the county and town of Alexandria, to be
ascertained as hereinafter prescribed, all of that portion of the Dis-
trict of Columbia, ceded to the United States by the State of Vir-
ginia, and all the rights and jurisdiction therewith ceded over the
Same, be, and the same are hereby, ceded and forever relinquished to.
the State of Virginia, in full and absolute right and jurisdiction, as
Well of soil as of persons residing or to reside thereon.
SEC. 2. Amd be it further emacted, That nothing herein contained
shall be construed to vest in the State of Virginia any right of prop-
erty in the custom-house and post-office of the United States within
the town of Alexandria, or in the soil of the territory hereby re-ceded,
so as to affect the rights of individuals or corporations therein, oth-
erwise than as the same shall or may be transferred by such indi-
viduals or corporations to the State of Virginia.
SEC. 3. And be it further emacted, That the jurisdiction and laws.
now existing in the said territory, ceded to the United States by the
State of Virginia, as aforesaid, over the persons and property of
individuals therein residing, shall not cease or determine until the:
State of Virginia shall hereafter provide, by law, for the extension
Of º ºridiction and judicial system over the said territory hereby
I’é-CéCléCi.
SEC. 4. And be it further enacted, That this act shall not be in
force until after the assent of the people of the county and town of
Alexandria shall be given to it, in the mode hereinafter provided.
Immediately after the close of the present session of Congress, the
President of the United States shall appoint five commissioners,
(any three of whom may act,) citizens of the said town or county
of Alexandria, and freeholders within the same, who shall be sworn,
before some justice of the peace in and for the said town or county,
to discharge the duties hereby imposed upon them faithfully, impar-
tially, and to the best of their ability. These commissioners, or any
of them, shall proceed, within ten days after they are notified of
their appointment, to fix upon the time, place, and manner, of tak-
ing the vote within the town or county of Alexandria, and shall.
*—
*92 U. S. Rep., 130, Phillips vs. Payne, declares the act valid.
APPENDIX. s 653
give notice of the same by advertisement in the newspapers of the
said town. And on the day and at the place so appointed, every
free white male citizen of the United States, who shall have resided
in said county of Alexandria for six months preceding the time
when he offers his vote, insane persons and paupers excepted, shall
vote viva voce upon the question of accepting or rejecting the pro-
visions of this act. The said commissioners shall preside when this
vote is taken, and decide all questions arising in relation to the right
of voting under this act. Within three days after this vote is taken
as aforesaid, the said commissioners shall make out three statements
of the result of this poll, upon oath, and under their seals. Of these,
One shall be transmitted to the President of the United States, one to
the governor of the Commonwealth of Virginia, and one shall be
deposited in the clerk’s office of the county court of Alexandria. If
a majority of the votes so given shall be cast against accepting the
provisions of this act, then it shall be void and of no effect; but if
a majority of the said votes should be in favor of accepting the pro-
visions of this act, then this act shall be in full force, and it shall be
the duty of the President of the United States to inform the gov-
ernor of Virginia that this act is in full force and effect, and to make
proclamation of the fact.
SEC. 5. Amd be it further emacted, That, in such case, the right of
property in the half square in Alexandria on which stands the court-
house, bounded by Columbus, Queen, and Princess streets, and the
half square on which stands the jail, bounded by Princess, St.
Asaph, and Pitt streets, shall be conveyed to the governor of Vir-
ginia, and his successors, for the use of the county and corporation
of Alexandria forever; and the Solicitor of the Treasury of the
United States is hereby authorized and required, in the name and
on the behalf of the United States, to make all the proper and neces-
sary conveyances for that purpose. *
SEC. 6. And be it further enacted, That Congress will in no event
assume and pay the debt, or any part thereof, now due by the cor-
poration of the city of Alexandria.
AN ACT TO CEDE TO CONGRESS A DISTRICT OF TEN MILES SQUARE
IN THIS STATE FOR THE SEAT OF THE GOVERNMENT OF THE
UNITED STATES.
Be it enacted, by the General Assembly of Maryland, That the Representatives
representatives of this state in the house of representatives in the con- i. º any dis-
gress of the United States, appointed to assemble at New York on "* *
the first Wednesday of March next, be and they are hereby author- Md. act, Dec. 23,
ized and required, on the behalf of this state, to cede to the con- 1738.9%, 4%
gress of the United States, any district in this state, not exceeding *...* as 1
ten miles Square, which the congress may fix upon and accept for 252. y, 301;
the seat of government of the United States. -
654
APPENDIX.
Md. act 1791, ch.
45, Sec. 1.
1 Dorsey, 268.
2 Kilty, p. 315.
AN ACT CONCERNING THE TERRITORY OF COLUMBIA AND THE
CITY OF WASHINGTON,.
(Supplements, November, 1792, ch. 59; 1793, oh. 58.)
Whereas, the president of the United States, by virtue of several
acts of congress, and acts of the assemblies of Virginia and Maryland,
by his proclamation, dated at Georgetown, On the thirtieth, day of
March, seventeen hundred and ninety-One, did declare and make.
known, that the whole of the territory of ten miles square, for the
permanent seat of government of the United States, shall be located.
and included within the four lines following; that is to say, beginning:
at Jones' Point, being the upper point of Hunting creek, in Virginia,
and at an angle in the outset of forty-five degrees west of the north,
and running a direct line ten miles for the first line, then beginning:
again at the same Jones' Point, and running another direct line at a .
right angle with the first, across the Patowmack, ten miles, for the
second line, then from the terminations of the said first and second.
lines, running two other direct lines ten miles each, the One crossing:
the Eastern Branch, and the other Patowmack, and meeting each
other in a point; which has since been called the territory of Columbia:
And whereas, Notley Young, Daniel Carroll, of Duddington, and,
many others, proprietors of the greater part of the land hereinafter
mentioned to have been laid out in a city, came into an agreement,
and have conveyed their lands in trust to Thomas Beall, son of
George, and John Mackall Gantt, whereby they have subjected their
lands to be laid out as a city, given up part to the United States,
and subjected other part to be sold to raise money as a donation to .
be employed according to the act of congress for establishing the tem-
porary and permanent seat of the government of the United States,
under and upon the terms and conditions contained in each of the .
said deeds; and many of the proprietors of lots in Carrollsburgh and
Hamburgh, have also come into an agreement, Subjecting their lots
to be laid out anew, giving up one-half of the quantity thereof to be
sold, and the money thence arising to be applied as a donation as
aforesaid, and they to be reinstated in one-half of the quantity of
their lots in the new location, or otherwise compensated in land in a
different situation within the city, by agreement between the com—
missioners and them, and, in case of disagreement, that then a just
and full compensation shall be made in money; yet some of the pro-
prietors of lots in Carrollsburgh and Hamburgh, as well as some of
the proprietors of other lands, have not, from imbecility and other
causes, come into any agreement concerning their lands within the
limits hereinafter mentioned, but a very great proportion of the
landholders having agreed on the same terms, the president of the
|United States directed a city to be laid out, comprehending all the
lands beginning on the east side of Rock Creek, at a stone standing
in the middle of the road leading from Georgetown to Bladensburgh,
thence along the middle of the said road to a stone standing On the
east side of the reedy branch of Goose creek, thence south-easterly,
making an angle of sixty-one degrees and twenty minutes with the
meridian, to a stone standing in the road leading from Bladensburgh.
to the Eastern Branch ferry, then south to a stone eighty poles north
of the east and west line already drawn from the mouth of GOOSe:
creek to the Eastern Branch, then east, parallel to the said east and
west line, to the Eastern Branch, then with the waters of the Eastern
Branch, Patowmack river and Rock creek, to the beginning; which,
hath since been called the city of Washington.
APPENDIX. g 655
And whereas it appears to this general assembly highly just and
expedient, that all the lands within the said city should contribute,
in due proportion, in the means which have already very greatly
enhanced the value of the whole; that an incontrovertible title ought
to be made to the purchasers, under public sanction; that allowing
foreigners to hold land within the said territory, will greatly contri-
bute to the improvement and population thereof; and that many
temporary provisions will be necessary, till congress exercise, the
jurisdiction and government over the said territory.
And whereas, in the cession of this state, heretofore made, of terri-
tory for the government of the United States, the lines of such ces-
Sion could not be particularly designated; and it being expedient
and proper that the same should be recognized in the acts of this
State.*
SEC. 2. Be it enacted by the Gemeral Assembly of Maryland, That Territory ceded.
all that part of the said territory, called Columbia, which lies within to Congress, etc.
the limits of this state, shall be and the same is hereby acknowledged
to be forever ceded and relinquished to the congress and government
of the United States, in full and absolute right, and exclusive juris-
diction,f as well of soil as of persons residing, or to reside, thereon,
pursuant to the tenor and effect of the eighth section of the first
article of the constitution of government of the United States: Pro-
vided, That nothing herein contained shall be so construed to vest in
the United States any right of property in the soil, Í as to affect the
rights of individuals therein, otherwise than the same shall or may
be transferred by such individuals to the United States: And pro-
'vided also, That the jurisdiction Ś of the laws of this state, over the
persons and property of individuals residing within the limits of the
cession aforesaid, shall not cease or determine until congress shall
by law provide for the government thereof, under their jurisdiction,
in manner provided by the article of the constitution before recited,
SEC. 3. And be it enacted, That all the lands belonging to minors, Lands subject
persons absent out of the state, married women, or persons non to Sameterms, etc.
compos mentis, or lands the property of this state, within the limits
of Carrollsburgh and Hamburgh, shall be and are hereby subjected
to the terms and conditions herein before recited, as to the lots where
the proprietors thereof have agreed concerning the same; and all
the other lands, belonging as aforesaid, within the limits of the said
city of Washington, shall be and are hereby subjected to the same
terms and conditions as the said Notley Young, Daniel Carroll, of
Duddington, and others, have, by their said agreements and deeds,
subjected their lands to, and where no conveyances have been made,
the legal estate and trust are hereby invested in the said Thomas
Beall, Son of George, and John Mackall Gantt, in the same manner
as if each proprietor had been competent to make, and had made, a
legal conveyance of his or her land, according to the form of those
already mentioned, with proper acknowledgments of the execution
thereof, and, where necessary, of release of dower; and in every
case where the proprietor is an infant, a married women, insane,
absent Out of the state, or shall not attend on three months' adver-
tisement of notice in the Maryland Journal and Baltimore Adverti-
ser, the Maryland Herald, and in the Georgetown and Alexandria,
papers, so that allotment cannot take place by agreement, the côm-
missioners aforesaid, Or any two of them, may allot and assign the
* Act of Congress accepting territory. 1 Stat. L., p. 130, ch. 28, July 16, 1790.
t 1 Mackey Rep., 528, 529, 530, U.S. vs. Guiteau ; 6 Mackey Rep., 327, U.S. vs. Crawford ; 97 U.S. Rep.
542, Welch vs. Cook.
#1 Cranch, Ct. Rep.,69, O'Neal vs. Brown; 147 U.S. Rep.,288,299, Shoemaker vs. U.S.
$Jurisdiction of the United States vested the first Monday of December, 1800. 1 Cranch, Ct. Rep.,
15, U. S. v8, Hammond, See also 13 Peter's Rep., 19, Van Ness vs. Bank,
...sº
656 º APPENDIX.
portion or share of such proprietor, as near the old situation as may
be, in Carrollsburgh and Hamburgh, and to the full value of what
the party might claim under the terms before recited; and, as to the
other lands within the said city, the commissioners aforesaid, or any
two of them, shall make such allotment and assignment, within the
lands belonging to the same person, in alternate lots, determining by
lot or ballot whether the party shall begin with the lowest number:
Provided, That in the cases of coverture and infancy, if the husband,
guardian or next friend, will agree with the commissioners, or any
two of them, then an effectual division may be made by consent ;
and in case of contrary claims, if the claimants will not jointly
agree, the commissioners may proceed as if the proprietor was absent;
and all persons, to whom allotments and assignments of lands shall
be made by the commissioners, or any two of them, on consent and
agreement, or pursuant to this act without consent, shall hold the
same in their former estate and interest, and in lieu of their former
quantity, and subject, in every respect, to all such limitations, con-
ditions and incumbrances, as their former estate and interest, and
in lieu of their former quantity, and subject, in every respect, to all
Such limitations, conditions and incumbrances, as their former
estate and interest were subject to, and as if the same had been
actually reconveyed pursuant to the said deed in trust.
"See 1793, ch. 58, § 3.]
..99.". SEC. 4. And be it enacted, That where the proprietor or proprietors,
in certain Cases
* e Ossessor or possessors, of any lands within the limits of the city of
º ISSue process, W.P. within the limits of Carrollsburgh or Hº.
who have not already, or who shall not, within three months after
the passage of this act, execute deeds in trust to the aforesaid Thomas
ºft and John M. Gantt, of all their lands within the limits of the
said city of Washington, and on the terms and conditions mentioned
in the deeds already executed by Notley Young, and others, and exe-
cute deeds in trust to the said Thomas Beall and John M. Gantt, of
all their lots in the towns of Carrollsburgh and Hamburgh, on the
same terms and conditions contained in the deeds already executed
by the greater part of the proprietors of lots in the said towns, the
said commissioners, or any two of them, shall and may, at any time
Or times thereafter, issue a process, directed to the sheriff of Prince
George's county, commanding him in the name of the state, to sum-
mon five good substantial freeholders, who are not of kin to any pro-
prietor or proprietors of the lands aforesaid, and who are not propri-
etors themselves, to meet on a certain day, and at a certain place,
Within the limits of the said city, to inquire of the value of the estate
of such proprietor or proprietors, possessor or possessors, on which
day and place the if sheriff shall attend, with the freeholders by
him summoned; which freeholders shall take the following oath, or
affirmation, on the land to be by them valued, to wit: “I, A. B. do
Solemnly Swear, (or affirm,) that I will, to the best of my judgment,
value the lands of C. D. now to be valued, so as to do equal right
and justice to the said C. D. and to the public, taking into consider-
ation all circumstances,” and shall then proceed to value the said
lands; and such valuation, under their hands and seals, and under
the hand and Seal of the said sheriff, shall be annexed to the said
process, and returned by the sheriff to the clerk appointed by virtue
of this act, who shall make record of the same, and the said lands
shall, on the payment of such valuation, be and is hereby vested in
the Said commissioners in trust, to be disposed of by them, or other-
Wise employed to the use of the said city of Washington; and the
sheriff aforesaid, and 'freeholders aforesaid, shall be allowed the
Same fees for their trouble as are allowed to a sheriff and jurymen
in executing a Writ of inquiry; and in all cases where the proprietor
APPENDIX.
657
or possessor is tenant in right of power, or by the courtesy, the free-
holders aforesaid shall ascertain the annual value of the lands, and
the gross value of such estate therein, and upon paying such gross
value, or Securing to the possessor the payment of the annual valua-
tion, at the option of the proprietor or possessor, the commissioners
shall be and are hereby vested with the whole estate of such tenant,
in manner, and for the uses and purposes, aforesaid.
SEC. 5. And be it enacted, That all the squares, lots, pieces and
parcels of land, within the said city, which have been or shall be
appropriated for the use of the United States, and also the streets,
shall remain and be for the use of the United States; and all the lots
and parcels, which have been Or shall be sold to raise money as a
donation as aforesaid, shall remain and be to the purchasers, accord-
Squares, etc., to
remain, etc. -
ing to the terms and conditions of their respective purchase; and
purchases and leases from private persons claiming to be proprie-
tors, and having, or those under whom they claim having, been in
possession of the lands purchased or leased in their own right, five
whole years next before the passing of this act, shall be good and
effectual for the estate, and on the terms and conditions of such pur-
chases and leases respectively, without impeachment, and against
any contrary title now existing; but if any person hath made a con-
veyance, or shall make a conveyance or lease, of any lands within
the limits of the said city, not having right and title to do so, the
person who might be entitled to recover the land under a contrary
title now existing, may, either by way of ejectment against the ten-
ant, or in an action for money had and received for his use against
the bargainor or lessor, his heirs, executors, administrators or divi-
sees, as the case may require, recover all money received by him for
the squares, pieces or parcels, appropriated for the use of the United
States, as well as for lots or parcels sold, and rents received, by the
person not having title as aforesaid, with interest from the time of
the receipt; and, on such recovery in ejectment, where the land is
in lease, the tenant shall thereafter hold under, and pay the rent
reserved to, the person making title to and recovering the land; but
the possession, bona fide acquired, in none of the said cases shall be
changed.
SEC. 6. And be it enacted, That any foreigner may, by deed or
will hereafter to be made, take and hold lands within that part of
the said territory which lies within this state, in the same manner as
if he was a citizen of this state, and the same lands may be conveyed
by him, and transmitted to, and be inherited by, his heirs or rela-
tions, as if he and they were citizens of this state; provided, that no
foreigner shall, in virtue hereof, be entitled to any further or other
privilege of a citizen. g
SEC. 7. That the said commissioners, or any two of them, may
appoint a clerk for recording deeds of lands within the said terri-
tory, who shall provide a proper book for the purpose, and therein
record, in a strong, legible hand, all deeds duly acknowledged of
lands in the said territory, delivered to him to be recorded, and in
the same book make due entries of all divisions and allotments of
lands and lots made by the commissioners in pursuance of this act,
and certificates * granted by them of sales, and the purchase-money
having been paid, with a proper alphabet, in the same book of the
deeds and entries alºid; and the same book shall carefully pre-
serve, and deliver over to the commissioners aforesaid, or their Suc-
cessors, or such person or persons as Congress shall hereafter appoint ;
which clerk shall continue such during good behavior, and shall be
removable only on conviction of misbehavior in a court of law; but
Foreigners may
hold lands, etc.
42 C S
658
APPENDIX.
lis
before he acts as such he shall take an oath or affirmation well and
truly to execute his office; and he shall be entitled to the same fees
as are or may be allowed to the clerks of the country courts for .
Searches, copying, and recording.
º above section has been superseded by law of Congress estab-
l º courts, and afterward by establishing the office of register of
Clé63(IS. - -
SEC. 8. That acknowledgments of deeds made before a person in
the manner and certified as the laws of this State direct, or made
before and certified by either of the commissioners, shall be effec-
tual; and that no deed hereafter to be made of or for lands within
that part of the said territory which lies within this State shall
Operate as a legal conveyance, nor shall any lease for more than
seven years be effectual unless the deed shall have been acknowledged
as aforesaid, and delivered to the said clerk to be recorded within
six calendar months from the date thereof.”
SEC. 9. That the commissioners aforesaid, or some two of them,
shall direct an entry to be made in the said record book of every
allotment and assignment to the respective proprietors in pursuance
of this act.
SEC. 10. And for the encouragement of master-builders to under-
take the building and finishing houses within the said city, by secur-
ing to them a just and effectual remedy for their advances and earn-
ings:
Be it enacted, That for all sums due and Owing, on written con-
tracts, for the building any house in the said city, or the brick work,
or carpenters or joiners’ work thereon, the undertaker or workmen
employed by the person for whose use the house shall be built shall
have a lien on the house and the ground on which the same is
erected, as well as for the materials found by him: Provided, The
said written contract shall have been acknowledged before one of
the commissioners, a justice of the peace, or an alderman of the cor-
poration of Georgetown, and recorded in the office of the clerk for
recording deeds herein created, within six calendar months from the
time of acknowledgment as aforesaid; and if, within two years after
the last work is done, he proceeds in equity, he shall have remedy
as upon a mortgage, Or if i. proceeds at law within the same time,
he may have execution against the house and land, in whose hands
soever the same may be; but this remedy shall be considered as
additional Only, nor shall, as to the land, take place of any legal
incumbrance made prior to the commencement of such claim.
[The foregoing section has been superseded by acts of Congress.
See act of Feb. 2, 1859, Stat. L., vol. 2, p. 376.]
*
SEC. 11. That the treasurer of the Western shore be empowered
and required to pay the seventy-two thousand dollars agreed to be
advanced to the President by resolutions of the last session of assem-
bly, in sums as the same may come to his hands on the appointed
funds, without waiting for the day appointed for the payment
thereof.
SEC. 12. That the commissioners aforesaid, for the time being, or
any two of them, shall, from time to time, until Congress shall exer-
cise the jurisdiction and government within the said territory, have
ower to license the building of wharves in the waters of Patowmack
and the Eastern Branch, adjoining the said city, of the materials,
in the manner, and of the extent they may judge durable, conven-
*By November, 1792, ch.59, deeds so recorded shall be as valid as if also recorded in the manner
prescribed by law before the passage of this act, .iº.
APPENDIX. - 639
ient, and agreeing with general Order; but no license shall be granted
to one to build a wharf before the land of another, nor shall any .
wharf be built in the Said waters without license, as aforesaid; and if
any wharf shall be built without such license, or different therefrom,
the same is hereby declared a common nuisance. They may also,
from time to time, make regulations for the discharge and laying of
ballast from ships or vessels lying in Patowmack River above the
lower line of the said territory and Georgetown, and from ships and
vessels lying in the Eastern Branch. They may also, from time to
time, make regulations for landing and laying materials for building
the said city, for disposing and laying earth which may be dug out
of the wells, cellars, and foundations, and for ascertaining the thick-
ness of the walls of houses, and to enforce the observance of all such
regulations by appointing penalties for the breach of any one of
them, not exceeding ten pounds current money, which may be
recovered in the name of the said commissioners, by warrant, before
a justice of the peace, as in case of Small debts, and disposed of as a
donation for the purposes of the said act of Congress; and the said
commissioners, or any two of them, may grant licenses for retailing
distilled spirits within the limits of the said city, and suspend or
declare the same void; and if any person shall retail or sell any dis-
tilled spirits, mixed or unmixed, in less quantity than ten gallons,
to the same person, or at the same time actually delivered, he or she
shall forfeit for every such sale three pounds, to be recovered and
applied as aforesaid.
SEC. 13. That an act of assembly of this State to condemn lands,
if necessary, for the public buildings of the United States, be, and
is hereby, repealed.
A SUPPLEMENT TO THE ACT, ENTITLED, AN ACT CONCERNING:
THE TERRITORY OF COLUMBIA, AND THE CITY OF WASHINGTON.
Whereas doubts have arisen upon the act to which this is a sup- Preamble.
plement, whether it be essential to the validity of deeds and other
conveyances of lands in that part of the territory of Columbia which
lies within this state, that the same be recorded in the manner pre-
scribed by the laws of this state before the passage of the said act; to
remove which doubts, *
SEC. 2. Be it emacted, by the General Assembly of Margland, That Certain deeds
all deeds and other conveyances of lands lying within the said terri- good, etc.
tory, and recorded agreeably to the directions and provisions of the TMd. acting, ch.
said act by the clerk appointed in the manner therein provided for 59. 3.
the recording of deeds within the said territory, shall be as good, 3 Kilty, 392.
valid and sufficient, in law, for the purposes of passing the estates 1 Porsey, 388.
therein mentioned, and for all other purposes, as if the same were
also recorded in the manner prescribed by the laws of this state,
before the passage of the said act for the recording of deeds and other
conveyances of land within this state.
* 1791, ch, 45.
3)
660 APPENDIX.
A FURTHER SUPPLEMENT TO THE ACT * CONCERNING THE TER-
RITORY OF COLUMBIA AND THE CITY OF WASHINGTON.
Certificates to Be it enacted, by the General Assembly of Maryland, That the cer-
be sufficient, etc. tificates granted, or which may be granted, by the said commission-
Md. act Nov., ers, or any two of them, to purchasers of lots in the said city,
1793, ch. 58. with acknowledgement of the payment of the whole purchase money,
2 Kilty, 450. and interest, if any shall have arisen thereon, and recorded agree-
ably to the directions of the act concerning the territory of Colum-
bia and city of Washington, shall be sufficient and effectual to
vest the legal estate in the purchasers, their heirs and assigns,
according to the import of such certificates, without any deed or
formal conveyance.
On sales not II. And be it emacted, That on sales of lots in the said city by the
paid, property to said commissioners, or any two of them, under terms or conditions
be again sold, etc. of payment being made therefor at any day or days after such con-
tract entered into, if any sum of the purchase money or interest
shall not be paid for the space of thirty days after the same ought
to be paid, the commissioners, or any two of them, may sell the
same lots at public vendue, in the city of Washington, at any time
after sixty days notice of such sale, in some of the public news-
papers of George-town and Baltimore-town, and retain in their hands
sufficient of the money produced by such new sale to satisfy all
principal and interest due on the first contract, together with the
expenses of advertisements and sale, and the Original purchaser, or
his assigns, shall be entitled to receive from the said commissioners
at their treasury, on demand, the balance of the money which may
have been actually received by them, or under their order, on the
said second sale; and all lots so sold shall be freed and acquitted of
all claim, legal and equitable, of the first purchaser, his heirs and
aSSlgn.S. -
"Chap. LVIII. III. And be it enacted, That the commissioners aforesaid, or any
Commissioners two of them, may appoint a certain day for the allotment and
tº appoint a day, assignment of one half of the quantity of each lot of ground in
‘..etc. Carrollsburg and Hamburgh, not before that time divided or assigned,
pursuant to the said act concerning the territory of Columbia and
the city of Washington, and on notice thereof in the Annapolis,
some one of the Baltimore, the Easton and George-town news-
papers, for at least three weeks, the same commissioners may pro-
ceed to the allotment and assignment of ground within the said city,
on the day appointed for that purpose, and therein proceed at con-
venient times till the whole be finished, as if the proprietors of Such
lots actually resided out of this state: Provided, That if the propri-
etor of any such lot shall object in person, or by writing delivered
to the commissioners, against their so proceeding as to his lot,
|before they shall have made an assignment of ground for the same,
then they shall forbear as to such lot, and may proceed according
to the before-mentioned act. - "..
And make a IV. And be it enacted, That the said commissioners may make a
seal, etc. seal of office of the clerk for recording deeds within the district of
Columbia, which shall be kept by him; and that the like fees shall
be paid for, and the like credit shall be given to, certificates under
that seal, as to the like acts under the seal of a county court, and the
said clerk shall be entitled to demand and receive his fees when the
services enjoined him by this act, and the act to which this is a
further supplement, shall be performed.
*1791, ch. 45.
IN DE X.
[The black-faced figures refer to chapters; the second column of figures refer to sections.]
A.
Aſbatement,
of suits by administrators and executors,
death of either party does not abate
(see Cap. 55) ------------------ l, 92
when suit does not abate. - - - - - - - - 10,85
when not after interlocutory judgment,
mone in suits for partition. -- - - - - - 55, 85
right of action to surviving party shall
not abate---------------------- 55, 84
death of parties does not abate.-- 55, 81
when suits abate... ---------------55, 83
in suits by trustees - - - - - - - - - - - - - - 58; 18
Abortion,
how punished. -------------------16, 13
aiders or assistants - - - - - - - - - - - - - - - 16, 14
regular physicians exempt. -- - - - - - 16, 15
selling drugs to produce - - - - - - - - - - 16, 16
druggists to register prescription; gº
7
j
selling or advertising abortives...16, 18
analysis of abortives. - - - - - - - - - - - - 16, 19
offenders competent to testify against .
co-offenders. ----------------- 16, 20
advertising medicines to produce. 16, 76
Abortives. (See Abortion, ante.)
Abolition,
of sinking-fund commission. - - - - - - 17, 2
Absent Defendants,
proceedings against, after decree. 10, 10
Acceptance,
of bills must be in writing - - - - - - - - - - 8, 7
Accessories,
sodomy, breaking louse, intent to kill,
and other crimes - - - - - - - - - - - - - 16, 29
mayhem, horse stealing, and bigamy,
16, 32
after fact -------------------- - - - - 16, 48
Accounts,
of executors and administrators, when
to be returned ----------------- l, 87
by executor when indebted to estate,
l, 106
against estates, how proven -- - - - - -1; 116
of executors and administrators, how
proved.------------------------ 1, 122
how stated --------------------- 1, 124
to be returned - - - - - - - - - - - - - - - - - - l, 133.
to be returned, when - - - - - - - - - - - - l, 127
of Commissioners and other officers to
be rendered monthly - - - - - - - - - - 19, 54
how settled--------------------- 19, 53
Acknowledgment, -
of deeds, by whom, before whom, and
prerequisites before recording. (See
Cap. 58.)
same subject, what words sufficient to
6NPTCSS - - - - - - - - - - - - - - - - - - - - - - 58, 28
Action 8,
in Supreme Court, limited when . .35, 28
of waste against several tenants. 38,21, 22
Page.
22
101
290
460
460
457
460
493
158
158
159
159
159
159
159
159
161
162
165
\
Actions—Continued.
for rent, general issue pleadable, etc.,
- 38, 68
for negligence causing death. (See Cap.
49.) ſº
against two or more persons jointly or
Severally liable; against oue, when
bar as to others - - - - - - - - - - - - - - 55, 18
of account against executors, etc.; by
joint tenants against each other,
55, 34
in debt, payment may be pleaded in
bar--------------------------- 55, 43
on bond, barred by payment into court,
etc --------------------------. 55, 44
by reversioners, when life tenant sup-
posed to be dead. - - - - - - - - - - - -. 55, 46
same subject, interested parties, subject
to challenge as jurors -- . . . . . . 55, 47
appearance, etc., in pro. per -- - - - - .55, 53
in trover and detinue, defendant to give
bail-------------------------- 55, 57
as to special bail - - - - - - - - - - - - 55, 59, 60
for escape of prisoner, evidence in. 55, 79
shall not abate by death of parties. 55, 81
When infant party, when not abated,
t 55,82
death of party between verdict and judg-
ment, not to abate. -- - - - - - - - - - 55, 82
death of party after interlocutory judg-
ment, not to abate. -- - - - - - - - - - 55,82
death of one or more plaintiffs or defend-
ants, right of action surviving to
One, not to abate - - - - - - - - - - - - - 55,84
at law, amendment of . . . . . . . . . . . . 55,87
criminal, of libel, when defendant may
be acquitted, if true. . . . . . . . 55, 158
against Shipowners for embezzlement of
cargo. (See Cap. 63.)
in estates by husband and wife, pleas,
* * e # y
for insurance, plaintiff shall disclose
other insurance - - - - - - - - - - - - - 15, 175
Acts,
of Commissioners to be reported annu-
ally to Congress - - - - - - - - - - - - - . 19, 50
: Administration,
when additional security may be re-
quired of administrators, etc. . . . 1, 1
removal of administrator by the court. 1, 2
unadministered assets. -- - - - - - - - - - . . . l,
how powers of court may be exercised.l, 4
summons and notice - - - - - - - - - - - - - - - - 1, 5
bond of executors; how regulated. Pro-
viso; not to exceed double value of
estate. Court may require addi-
tional bond or remove executor in
case of Waste - - - - - - - - - - - - - - - - - - - 1,
foreign executors and administrators
enabled to sue; proviso for secur-
ity ----------------------------- 1, 7
Page-
334,
447,
449
449
450
450,
451.
452.
452.
457
457.
459,
459,
459.
14.
146.
i
662
INDEX.
Administration—Continued.
exceptions in favor of outside parties
repealed; present actions not af-
fected - - - - - - - -'----------------- -l, 8
how and of whom letters testamentary
and of admisistration are to be
obtained ----------------------- l, 9
letters to be granted executor within
forty days. - - - - - - - - - - - - - - - - - - - - 1, 10
executors failing to give bond within
thirty days, letters of administra-
tion c. t. a. may be granted. - - - - 1, 11
executor not present at probate to be
summoned. ------------------- -l, 12
executor absent from jurisdiction at
time of probate and failing to qual-
ify in six months. -- - - - - - - - - - - - -l, 13
where several executors, same rule as
where only one. -- - - - - - - - - - - - - - - l, 14
executor renouncing, proceedings in case
of; may yet act on qualifying before
administration granted . . -- - - - -l, 15
executors qualified shall not be in-
terfered with by others. Acts of
executors before qualifying, what
Valid-------------------------- 1, 16
executors named in letters, the only
proper parties - - - - - - - - - - - - - - - - - 1, 17
bond of executor as administrator,
where recorded; who may have copy
and Sue thereon. --------------- l, 18
bonds of administrators, etc., not to be.
sued before a mom est imvembus or mulla
bond be returned - - - - - - - - - - - - - - - 1, 19
general issue pleadable by administra-
tors, etc ----------------------- 1, 20
2
bond of executor or administrator. - 1, 21
oath of executor and administrator-l, 22
form of letters testamentary - - - - - - - - I, 23
letters authorizing collection - - - - - - -l, 24
form of letters of collection. . . ----- 1, 25
bond of collector - - - - - - - - - - - - - - - - - - - l, 26
oath of collector. ------------------ 1, 27
collector's powers and compensation. 1, 28
collector can not Sue for or release
debts-------------------------- 1, 29
collector's powers cease on granting of
letters testamentary; subsequent du-.
ties and liabilities of collector. .1, 30
to whom letters testamentary may be
granted ---------------------- - l, 31
Questions as to competency determined
after notice to executor - - - - - - -1, 32
arevoked by letters testamentary - - -l, 42
estates of intestates, who may have pre-
cedence -------------------- l, 49–65
by relatives, when - - - - - - - - - - - - - - - - - J., 46
of estates, judgments how satisfied
by----------------------------- 1, 94
infamy proved by transcript of rec-
ord ----------------------. ---- l, 33
proof of citizenship of executor - - - - 1, 34 T
proceedings on proof of insanity of exec-
titor - - - - - - - - - - - - - - - - - - - - - - - - - - - l, 35
proof of executor being under age of
18----------------------------- 1, 36
bond executed by executor over age of
18, Valid----------------------- 1, 37
husband of executrix may give bond for
her; bond of femme sole executrix
over 18, Valid - - - - - - - - - - - - - - - - - - l, 38
disqualifications of administrator-
ship --------------------------- l, 39
when administration may be granted,
l, 40
proof of death and intestacy required
before granting administration. 1, 41
Page.
5
i8
10
10
10
10
11
11
12
14–16
1
4
2
2
}
i
Administration—Continued.
letters testamentary revoke letters of
administration; administration be-
fore revocation, valid; letters testa-
mentary not to affect suits com-
menced by or against administrator;
executor benefited or bound by
judgments for or against administra-
tor ---------------------------- l, 42
administrator to deliver estate to execu-
tor ---------------------------- l, 43
administrator de bomis mom and in ci-
dents-------------------------- l, 44
letters de bomis mom may be granted. 1, 45
administrator's qualifications and pro-
ceedings by, the same as executors;
when relatives entitled to adminis-
ter ---------------- * * * * = age º ºs = º º sº tº 1, 46
choscs in action of intestate wife devolve
on husband Without letters of ad-
ministration. The result if judg-
ment or possession be not obtained
by him------------------------- 1,47
actions by husband in right of wife, may
declare specially - - - - - - - - - - - - - - - l, 48
to widow or one of the children . . . . 1, 49
to grandchild, when - - - - - - - - - - - - - - 11, 50
to the father, when - - - - - - - - - - - - - - - - 1, 51
to the brothers and sisters; then to
mother ------------------------1, 52
to next of kin, when - - - - - - - - - - - - - - -l, 53
males preferred - - - - - - - - - - - - - - - - - - - -l, 54
Whole blood preferred. - - - - - - - - - - - - - l, 55
collateral relations, descending pre-
ferred ------------------------- l, 56
preferences in ascending and descending
lines - - - - - - - - - - - - - - - - - - - - - - - - - - l, 57
femme sole preferred to married woman,
1, 58
female and husband granted letters,
When--------------------------1, 59
father's relations preferred - - - - - - - - - 1, 60
largest creditor when entitled . . . . . . l, 61
when granted at discretion of court-1, 62
residuary legatees first entitled to letters
C. f. 6: ------------------------- l, 63
letters, may be granted to two or more,
l, 64
proceedings when an entitled person de-
clines administration - - - - - - - - - -l, 65
inventory to be returned in every case,
l, 66
appraisers, warrant to be issued to. L, 67
appraiser failing to act, another Warrant
may issue --------------------- l, 68
appraiser's oath. -- - - - - - - - - - - - - - - - - -1, 69
appraiser's duty. - - - - - - - - - - - - - - - - - -l, 70
inventory to be returned within three
months; penalty for neglect - - - - 1, 71
notice of appraisement to persons inter-
ested -------------------------- 1, 72
inventory of money and debts to be re-
turned------------------------- 1, 73
collector's inventory. - - - - - - - - - - - - - - l, 74
additional inventory. ...-- - - - - - - - - - - - 1, 75
collector's inventory may be adopted by
executor, etc.------------------- 1, 76
disposition of growing crops by execu-
tor ---------------------------- l, 77
revocation of letters of administrators:
and executors for failure to return
inventory, and others granted. - I, 78
if one executor, etc., return inventory,
others excluded; result thereof.l, 79
executor need not exhibit inventory or
account, if bond to pay debts and
legacies be given. --- - - - - - - - - - - - 1, 80
Page.
14
18
18
19
INT) EX.
- diministration—Continued.
administrator entitled to exemptions as
in preceding Section - - - - - - - - - - - 1, 81
assets, what shall be so considered-l, 82
warrants for lands and debts due de-
ceased shall be assets - - - - - - - - - - l, 83
proceeds of land sold shall not be ac-
counted personalty - - - - - - - - - - - - 1, 84
sale of lands by part of executors, law-
ful ---------------------------- 1,85
proviso as to sale of lands by execu-
tors - - - - - - - '- - - - - - - - - - - - - - - - - - - - 1,86
accounts to be returned within fifteen
or eighteen months. - - - - - - - - - - - 1,87
increase or decrease of estate allowed
for in account------------------ 1,88
assets insufficient for debts, court may
order and regulate sale of person-
alty --------------------------- 1, 89
court may order sale ex officio or on appli-
cation ------------------------- 1, 9
suits by and against executors and
administrators; costs - - - - - - - - - - l, 91
death of either party shall not abate per-
Sonal action ------------------- l, 92
plene administravit; pleas and answers as
to assets. - - - - - -------------1, 93
judgments satisfied in proportion to
assets ------------------ ... • * * * * * * l, 94
judgments, when may be recovered
against executor andl, administrator
and fieri facias issue - - - - - - - - - - -l, 95
distribution among creditors; retention
of assets for debts, interest. . . . . l, 96
when assets may be retained by execu-
* * * * *- :- - *
tor, etc., for suits pending. - - - - - l, 97
when arbitrators may be appointed by
Court -------------------------- l, 98
j
when advertisement by executor and
administrator shall bar claims... l, 99
payment to creditors within thirteen
months or in four months thereafter;
and semiannually; when bond may
be put in suit----------------- 1, 100
claims filed after distribution must await
further assets. --- - - - - - - - - - - - - - 1, 101
advertisement of distribution among
Creditors --------------------- l, 102
order of priority in paying debts, admin-
istrator not bound to discover.l., 103
suit must be brought on disputed or re-
jected claims within nine months,
otherwise barred - - - - - - - - - - - - - - 1, 104
claims of executor and others on same
footing ----------------------- 1, 105
executor indebted to deceased bound to
- account for Same- - - - - - - - - - - - - - 1, 106
administrator's liability as to indebted-
meSS Same as executor’s - - - - - - - - 1, 107
claims not payable unless passed or
proved------------------------ 1, 108
proof of claim on judgment or decree,
1, 109
special bail discharging judgment be-
comes judgment creditor - - - - - - l, 110
one such judgment creditor may prove
for all ------------------------ l, 111
proof of a specialty, bond, or protested
bill of exchange. -- - - - - - - - - - - - - l, 112
successive assignees (to specialty, bond,
etc., protested) must all make
oath-------------------------- 1, 113
proof of protest of bills, etc., neces-
Saº Y - - - - - - - - - - - - - - - - - - - - - - - - - 1, 114
proof of claim for rent - - - - - - - - - - - - 1, 115
broof of open account. . . . . . . . . ---- l, 116
limitation, plea of, discretionary with
executors - - - - - - - - - - - - - - - - - - - - - 1, 117
Page. Administration—Continued.
19
19
19
2222
2222
2
2
proof of claim by factor, for nonresi-
dent-------------------------- l, 118
proof of nonresident claim if factor be
dead or out of the District - - - - 1, 119
proof of claims taken out of the Dis-
trict-------------------------- 1, 120
proved claims may be rejected; if passed
by court, appeal may be taken. 1, 121
account of executor, etc., how proved,
. l, 122
no credit allowed for any claim not
proved or passed by court . . . . .l., 123
accounts of executors, etc., how stated,
1, 124
order of disbursements; commissions
allowed executors, etc.; costs al-
lowed executors, etc - - - - - - - - - - l, 125
compensation to executor limited by
terms of will, unless deemed insuffi-
cient by Court - - - - - - - - - - - - - - - - -l, 126
accounts to be returned every six months
until fully administered. . . . . . . 1, 127
court shall examine list of debts; suits
thereon when to be commenced;
penalty for neglect. ----------. l, 128
executors, etc., not liable for all sperate
debts---------------------!---. 1, 129
after debts paid, distribution; future
assets when liability ceases -- . 1, 130
partial distribution, when court may
2
7
direct ------------------------ l, 131
specific legacies may be delivered when
court may direct. - - - - - - - - - - - - - 1, 132
return of accounts, revocation of letters
on failure to ; bond liable. - - - - 1, 133
administrator shall distribute surplus
after debts paid; liability for future
assets and debts - - - - - - - - - - - - - - 1, 134
personal estate retained for future con-
tingencies, court may direct its
investment - - - - - - - - - - - - - - - - - - - 1, 135
intestate's estate, widow’s share of. 1, 136
intestate's estate, if widow and child,
their shares. - - - - - - - - 1, 137
intestate's estate, if widow and no child,
but father -------------------- l, 138
intestate's estate, surplus of, exclusive of
Widow’s share - - - - - - - - - - - - - - - - 1, 139
intestate's estate, if children only, then
to be divided equally - - - - - - - - - 1, 140
intestate's estate, if child and descend-
ant of a child, per Stirpes - - - - - - l, 141
intestate's estate, if father only . . . 1, 142
intestate's estate, if a brother or sister
or descendant of - - - - - - - - - - - - - - l, 143
intestate's estate, brothers and sisters
share equally ; their children per
8tºpes ------------------------ 1, 144
intestate's estate, if mother only, enti-
tled to whole, or shares equally wit
children, per stirpes - - - - - - - - - - - 1, 145
intestate's estate, after children and
others, collaterals take per capita,
'. l, 146
intestate's estate, if no collaterals, then
grandfather and grandmother. 1, 147
intestate's estate, representatives enti-
tled to distributive share - - - - - - l, 148
intestate's estate, posthumous chil-
Clſell - - - - - - - - - - - - - - - - - - - - - - - - - - l, 149
intestate's estate, surplus escheats if Ino
relatives within fifth degree. -- 1, 150
intestate's estate, balance to public
schools when no legal representa-
tives ------------------------- l, 151
intestate's estate, administrator with
others, in fifth degree may take any
residue. ---------------------. 1, 152
30
30
30
30
30
30
31
31
31
34
, 664
INDEX.
Administration—Continued.
intestate’s estate, widow takes residue.
to exclusion of collaterals - - - - 1, 153
intestate's estate, when residue paid
shall be restored to legal representa-
tives ------------------------- l, 154
intestate's estate, when court may dis-
tribute in kind or order sale -- . 1, 155
meeting of creditors and distributees
• may be appointed by executor, etc.,
under direction of court - - - - - - 1, 156
devise or bequest bars dower, personal
estate, etc., unless otherwise ex-
|pressed.----------------------- 1, 157
widows may elect to take dower by writ-
ten renunciation - - - - - - - - - - - - - - 1, 158
renunciation by Widow must be en-
tire --------------------------1, 159
partial renunciation, when required,
l, 160
void devise shall not bar dower...l., 161
liability of widow, or her second husband
for Waste --------------------- l, 162
widow’s remedy for dower.-- - - - - - - - l, 163
Widow’s dower- - - - - - - - - - - - - - - - - - - - l. 164
dower barred by elopement - - - - - - - - 1, 165
dower, a widow shall recover damages
in a Writ of.------------- - - - - - l, 166
plea of tenant in writ of dower...l., 167
writ of entry upon alienation of
dower------------------------ 1, 168
wife endowable of lands recovered against
her husband; where heir may avoid
dower recovered; remedy for certain
tenants losing by default- - - - - - l, 169
admeasurement of dower for the guard-
ian and heir; process therein - . 1, 170
alienation in dower, when void - - - -l, 171
jointure or settlement by husband before
marriage bars dower - - - - - - - - - - l, 172
a woman shall not have jointure and
dower ------------------- ----- l, 173
a woman shall be endowed whose joint-
*, ure is recovered - - - - - - - - - - - - - - - l, 174
a jointure after marriage may be re-
fused.--------------------. . . . .l., 175
these rules apply to executors and ad-
ministrators acting under Maryland
laws -------------------------1, 176
counter security of executor, etc., con-
sequent procedure - - - - - - - - - - - - 1, 177
executor, de 80m tort. - - - - - - - - - - - - - - l, 178
executor, de son tort, liability of their
representatives; devastavit - - - - l, 179
devastavit lies against executors by
right ------------------------- l, 180
priority of the Government - - - - - - - l, 181
priority of the Government established,
1, 182
liability of personal representatives to
Government - - - - - - - - - - - - - - - - - - 1, 183
priority of Government in assets of
estates of principals or sureties to
bonds to United States : - - - - - - 1, 184
of estates how obtained - - - - - - - - - - 1, 9–40
".. t. (..., When ----------------------- l, 11
de bonis mom, etc. - - - - - - - - - - - - - - - - l, 44, 45
Administrator,
to deliver assets to executor - - - - - - - - 1, 43
shall have notice of application to show
CºllSC - - - - - - - - - - - - - - - - - - - - - - - - - - - l, ;
may recover for rent due- - - - - - -38, 34–36
Administrators,
de bomis mon, executions by on judg-
ments of administrators and execu-
tors-------------------------- 34, 12
renouncing, proceedings thereafter - 1, 15
and executors, qualifications for, etc.l., 46
suits by or against. -- - - - - - - - - - - - - l, 91
5
323–324.
/
Page. Administrators—Continued.
and pleas of.----------------------- l, 93
34 when judgments may be recovered
against.----------------------- l, 95
and executor's accounts, how stated,
34. l, 124
distribution after debts paid by ...l., 130
35 compensation when limited by will,
©UC - - - - - - - - - - - - - - - - - - - - - - - - - - - l, 126
costs allowed. -- - - - - - - - - - - - - - - - - l, 125
35 commissions of.-- - - - - ----------- l, 125
partial distribution of assets by-l, 131
delivery of Special legacies by...l., 132
35 to collect debts, penalty for failure,
l, 128
35 return of accounts by, etc - - - - - - i. 133
failure to return accounts, when bond
35 liable ------------------------ l, 133
liability for future assets - - - - - - - - l, 134
36 counter Security of. - - - - - - - - - - - - -l, 177
36 if one return account, others ex-
cluded.------------------------- 1,79
36 entitled to exemptions, etc. - - - - - - 1, 81
36 within fifth degree may take resi-
36 due -------------------------- 1, 152
36 Administratorship,
who disqualified to act - - - - - - - - - - - - - 1, 39
36 Admeasurement,
37 of dowerfor guardian and heir, etc.l., 170
Adultery, -
37 punishment for. -- - - - - - - - - - - - - - - - - 16, 25
of wife after divorce a memsa, effect on
alimony, dower, etc - - - - - - - - - - 30, 45
... Adulterated, -
j’ ſ food or drugs -------------------- l6, 84
Advancements,
38 to heirs by intestates, how treated, hotch-
38 pot --------------------------- 18, 4
Advertisement,
39 by administrators and executors, when
39 bars claims-------------------- 1, 99
of distribution among creditors...l, 102
#. Advertisements,
40 of health regulations - - - - - - - - - - - - - 28, 12
- After requiredian ds,
40 may pass by will when such intention
expressed --------------------- 70, 9
Affinity and JVindred,
40 what degree bars marriage - - - - - - - - 30, 2
Affidavits,
40 made before nonresident judge, requi-
41 sites, etc -------------------- 55, 113
. of plaintiff in suits on open account,
41 e 55, 17
41 Affirmation,
42 in lieu of oath. -------------------- 71, 3
Age,
42 of testamentary capacity - - - - - - - - - - 70, 3
of parties who may marry - - - - - - - - 30, 10
42 | Agents, -
of landlords to account, remedy of land-
lord--------------------------38, 18
42 claim, license of - - - - - - - - - - - - - ----- 40, 59
4–12 patent, Same - - - - - - - - - - - - - - - - - - - - - 40, 60
6 insurance, Same - - - - - - - - - - - - - - - - - - 40, 46
13 real estate, Same - - - - - - - - - - - - - - - - - 40, 51
to purchase school sites, when may be
13 employed and paid commission-57,37
4
Agricultural Corporations,
how formed, etc. (See Cap. 75.)
Alcoholic drinks,
effect of, on human system to be studied,
etc., in public schools -- .57, 31, 32, 33
Aliens, f
alien persons and corporations prohib-
ited from acquiring real estate; ex-
ception; proviso; treaty rights not
impaired ----------------------- 2, 1
#4.
Page.
4.<f
43
INDEX.
665.
Alien8—Continued.
corporations prohibited from holding
real estate when more than 20 per
cent of stock is held by aliens. --2, 2
maximum of land which may be held by
corporations, except under Congres-
sional grants. Present titles not af-
fected -------------------------- 2, 3
property unlawfully held to be forfeited;
procedure ------------ - - - - - - - - - - 2, 4
foreign legations and foreign representa-
tives or attachés may acquire real
estate for residences - - - - - - - - - - - - 2, 5
prepayment for transportation of, etc.,
of emigrants under contracts for la-
bor or service made previous to emi-
gration unlawful - - - - - - - - - - - - - - - 2, 6
all such contracts void and of no effect -7
penalty for violation of section 6, how
recovered.---------------------- 2, 8
master of vessels guilty of misdemeanor
for bringing emigrant laborer when;
- y
when foreigners may employ other for-
eigners, etc.; when foreign skilled
labor may be employed; artists,
lecturers, servants, etc., excepted
from provisions of this act. ---. 2, 10
repeal of conflicting laws - - - - - - - - - - 2, 11
contracts with State officers to take
charge of immigration; examination
of ships; prohibited persons not per-
mitted to land - - - - - - - - - - - - - - - - - 2, 12
rules to govern this subject - - - - - - - - 2, 13
return of prohibited persons, expenses,
. . 2, 14
repeal of conflicting laws - - - - - - - - - - 2, 15
When effective - - - - - - - - - - - - - - - - - - - 2, 16
5
return of emigrants illegally landed. 2, 17
allowance to informers of violation of
immigration laws. - - - - - - - - - - - - - 2, 18
what lands foreigners may inherit. . 2, 19
Alienation,
of dower, writ of entry, etc. (estates), l,
168, 169, 170, 171
of lands in tail, limited - - - - - - - - - - 58, 34
Alimony, .
pendente litém - - - - - - - - - - - - - - - - - - - - - 30, 42
how obtained - - - - - - - - - - - - - - - - - - - - 30, 11
right of wife to - - - - - - - - - - - - - - - - - - - 30, 41
Allowance,
to prisoners on discharge from peniten-
tiary------------------------- 53, 44
Allowances,
of claims not passed, to executors and
administrators - - - - - - - - - - - - - - - - l, 123
Alleys (see Cap. 7),
ways and passages, in subdivisions, to
whom belong. (See Cap. 64.)
permit work for --- - - - - - - - - - - - - - - - –7, 18
repair of regulated ... -- - - - - - - - - - - - 19, 55
Altering, -
records, etc., of District of Colum-
bia -------------------------. 16, 57
Altered,
food ----------------------------- 16, 89
Amendments. (See Cap. 55, Secs. 85–100.)
amendment of writs of error - - - - - - 55, 99
Amount,
required to give Supreme Court juris-
diction----------------------- 35, 44
Analysis,
of abortives. --------------------- 16, 19
of food and drugs - - - - - - - - - - - - - - - - 16, 94
Who entitled to - - - - - - - - - - - - - - - - - - 16, 95
Animals, -
Page.
43
43
44
44
44
44
61
205
167
174.
463
299
Page.
47
48.
48.
48.
48
48.
49.
49
320
86
101
102
467
344
4.38
159
dog tax to be levied and collected. . .3, 1
tax-tags; record of; copy of record. ... 3, 2
159
174.
174.
47
47
Amimals—Continued.
dogs without tag to be impounded; if
not released by owner to be killed,
etc ----------------------------- 3, 3
When dogs are personal property; with
tag attached may run at large . .3, 4
When owner is liable for damage done
by registered dog-- - - - - - - - - - - - - - 3, 5
duty of owners of dogs; penalty for no
obtaining tax-tag; penalty for using
tax-tag Without license. - - - - - - - - - 3, 6
when all ãogs shall be muzzled or im-
pounded------------------------ 3, 7
penalty for removing dog collar, etc.;
penalty for molesting led dog-- -3, 8
penalty for permitting dangerous dogs
to go at large------------------- 3, 9
repeal ----------------------------- 3, 10
how lost or stolen dogs may be recov-
ered; penalty for stealing dogs; dogs
are personal property; penalty for
killing a licensed dog by police offi-
cer or other person; penalty for
allowing bitches in heat to run at
large; hydrophobic dogs - - - - - -3, 11
fences to be 5 feet high; horses to be kept
inclosed; domestic animals, ordi-
nances in relation thereto; goats
and geese, ordinances in relation
thereto------------------------ 3, 12
horses breaking inclosures, when may be
killed - - - - - - - - - ---------3, 13
horses not to be killed except when on
killer's ground - - - - - - - - - - - - - - - - 3, 14
animals trespassing, if owner be un-
known, to be posted, etc. . . . . . . 3, 15
unlawful taking of horses and working
same subject to forfeit, etc - - - - 3, 16
stallions to be kept inclosed; when they
may be impounded, etc. - - - - - - - - 3, 17
stallions may be killed when loose,
etc. --------------------------- 3, 18
penalty for other than owners of land
keeping brood Inares; how recov-
ered; rules for impounding animals
to be made by Commissioners of the
District of Columbia; cows and other
animals for slaughter (note) - - - 3, 19
property of District, fund to be accounted
for when sold.----------------- 17, 26
driving of, through Streets regulated,
y
suppression of contagious and other
diseases of; duties of Commissioners
in relation thereto - - - - - - - - - - - 28, 18
subject, duty of district attorney in re-
lation to --------------------- 28, 19
Ammality,
Writ of, process in- - - - - - - - - - - - - - - - 38, 27
Answer,
of defendant in equity. ... -- - - - - - - - 10, 39
of nonresident infant, in partition. 10, 86
to interrogatories (chancery) - - - - - 10, 88
to interrogatories in writs of attach-
ment ----------------------- 55, 115
Apothecaries,
license of ------------------------ 40, 22
and apprentices, exempt from Service as
jurors, etc.----------------- 54, 18, 19
duties as to abortive prescriptions. 16, 17
Appeal,
when, on rejection of passed claims
against estates ---------------l, 121
Appeals, -
from orders and decrees. - - - - - - - - - - 10, 52
to general term. (See Cap. 35.)
to Supreme Court of the United States.
(See Cap. 55.)
92
666
INDEX.
§
Appeals—Continued.
from justices of the peace (see Cap.
from Commissioner of Patents.
Cap. 55.) .*
from police court (note) - - - - - - - - - - 16, 66
from action of inspector to flour commis-
Sioners- - - - - --------------28, 27
from justices of the peace, the bond. 37, 41
original papers to be filed with clerk
(see
Supreme court - - - - - - - - - - - - - - - - 37, 42
in landlord and tenant cases, procedure,
* = * * = * * * = * = e s m = * * * * * * * * * * * * 38, 12, 13
same subject --------------------- 38, 55
from ruling on motion for new trial. 55, 7
Appearance, .*
of defendant (chancery) - - - - - - - - - - L0, 95
Application, -
for divorce, how made - - - - - - - - - - - - 30, 27
Appraisement,
of assets of estates, notice. - - - - - - - - - l, 72
of capital stock of corporations -- 65, 47
Appraisers,
warrant to issue to . . . -- - - - - - - - - - - - l, 67
failing to act, procedure - - - - - - - - - - -l, 68
oath of ---------------------------- l, 69
duty of. ---------------------------1, 70
Apprentices,
justices may bind out orphan chil-
dren --------------------------- 4, 1
pauper children may be bound as - - - - 4, 2
any father may bind out his children. .4, 3
manufacturer, etc., may take children,
etc ----------------------------- 4,
justices, on petition may inquire, etc. 4, 5
penalty for concealing or aiding run-
away apprentices. -- - - - - - - - - - - - - 4, 6
master, etc., may be summoned, etc. -4, 7
apprentice may be adjudged to serve .4, 8
not to be carried out of the District-4, 9
widow may assign apprentice, etc. - 4, 10
judge may appoint three persons to
assess widow’s rights in appren-
tices --------------------------- 4, 11
apprentice shall continue at his home,
etc ---------------------------- 4, 12
Jnaster may apply to court, etc. - - - -4, 13
two justices may bind out any child. .4, 14
fees of justices in such cases. . . . . . . 4, 15
penalty on persons harboring appren-
tices --------------------------4, 16
Appropriations by Congress,
disposition of - - - - - - - - - - - - - - - - - - - - 17, 25
of 50 per cent of approved estimates
for expenses of District (see Cap.
03).--------------------------- 19,
Approval,
of estimates of Commissioners . . . 19, 47
Appointments -
of judges of Supreme court - - - - - - - - 35, 1
Aqueduct,
increase of water supply, Survey of, ave-
nue over; condemnation of lands
for, etc. (See Cap. 68.)
bridge, control of . -- - - - - - - - - - - - - - 29, 26
Arbitration,
not to abate by death of party or arbi-
trator------------------------55, 81
Arbitration and Award,
court may give judgment upon award, in
Page. Arbitration and Award—Continued.
cause referred, etc., shall be continued;
313 powers of court in case of death of
arbitrators; on refusal of arbitrators
to report; entry of judgment in cases
168 of. See note to this section as to
awards in orphans' court and refer-
265 ences of actions. -- - - - - - - - - - - - - - - 5, 4
313 submission of suits to arbitration; pro-
cedure, etc --------------------- j
313 arbitration procured by undue means
Set aside, when encroachment by
317 party walls (see secs. 48%, 483, R. S.
330 D. C.), boards of trade (see secs. 613–
443 616, R. S. D. C.), railroad land
damages (see secs. 654–658, R. S.
104. P. C.)-------------------------- 5, 6
Arbitrators,
275 refusal of, to report - - - - - - - - - - - - - - - - -5, 4
death of, bow vacancy supplied - - - - - 5, 4
; (settlement of estates) when appointed,
530 .
Architect of Capitol, 5
16 to approve plans, etc., for public schools,
16 57, 39
17 | Area, -
17 of the District - - - - - - - - - - - - - - - - - - - - 19, 2
Arrest,
priests and clerks exempt from, when,
51 16, 157
51 for crimes against the United States
52 may be made by any justice of the
PC&C6 - - - - - - - - - - - - - - - - - - - - - - - - 35, 25
52 Arson,
52 how punished -------------------- 16, 21
A88ault,
53 With intent to rape . . . . . . . . . . . . . . . 16, 23
53 Assessment,
53 of taxes on real and personal property.
53 | (See Cap. 65.)
54 Assessors of real estate,
appointment, duties of, etc. (See Cap.
65.) -
54 | Assets,
unadministered, disposition of - - - - - - l, 3
54 court may order, etc - - - - - - - - - - - - - - l, 4
55 of estates, what are. -- - - - - - - - - - - - - -1, 82
55 when warrants for land and debts so
55 considered.--------------------- l, 83
proceeds of land Sold, not - - - - - - - - l, 84
55 when insufficient for debts - - - - - - - 1, 89
distribution among creditors - - - - -1, 96
191 pleas and answers. -- - - - - - - - - - - - - - 1, 93
surplus distributed after debts paid,
1, 134
204 plene administravit. - - - - - -----------1, 93
priority of United States, in-l, 181–184
204 retention of, by administrator for
debts. ------------------------- 1, 96
293 retention of, by administrator for suits
pending ----------------------- l, 97
future in hands of administrator,
etc. -------------------------- 1, 130
Assign)nent, ->
269 of breaches of bond. - - - - - - - - - - - - - - - 8, 14
of a judgment, how kept alive - - - - -34, 1
Assignments, -
457 surety paying obligation entitled to as-
signment and may sue in his own
name. Of claims against the United
55 States when void; by limited part-
nership, when void; liability of as-
56 signees to pay the United States. 6, 1
surety paying judgment entitled to as-
56 signment thereof and execution... 6, 2
Page.
56
57
488
198
186
159
160
286
Suits entered, When - - - - - - - - - - - - - 5, 1
judgments on awards Inay be entered,
When--------------------------- 5, 2
*/
proviso to previous section, as to death
of parties to award - - - - - - - - - - - - - 5, 3
58
58
A88igmºments—Continued.
assignee of obligation may sue obligor
and obligee. -------------------- 6, 3
oath of obligee as to payment required
at time of assignment - - - - - - - - - - - 6, 4
A88ignee, i .
one or successive must make oath to bill,
etc., to recover from estates. -- 1, 113
of obligation, when may Sue- - - - - - - - - 6, 3
of purchasers at tax sales to have same
rights as purchasers . . . . . . . . . . 65, 73
Assistants,
to health officer.------------------ 28, 2
A8sociation,
definition of ,--------------------- 39, 8
for works of mercy, powers of court to
place girls in custody of; girls, how
otherwise placed in its custody; pow-
ers, of the association - - - - - - 61, 32–35
Asylums, *.
to report annually to Commission-
Cl'S - - - - - - - - - - - - - - - - - - - - - - - - - - - 19, 52
Altachment,
on injunction to stay waste. - - - - - - 10, 46
Attachment (see Cap. 55.)
may issue against nonresident or abscond-
ing debtor ---------------- ‘. .55, 112
Attempt,
to commit larceny from person - - - - 16, 46
Attendance,
of children at public schools, enforced,
. 57, 6
Attorney,
for the United States, duties and fees of
in police court. (See Cap. 56.)
for the District, office and duties of 19, 77
assistant to, office and duties of... 19, 78
duties of in police court. (See Cap. 56.)
may administer oath - - - - - - - - - - - - - 19, 79
Attornment,
by tenant to Stranger, Void - - - - - - - - 38, 7
deeds good without - - - - - - - - - - - - - - 58, 31
Attestation, * -
of Wills passing real property - - - - - 70, 4
by Creditors - - - - - - - - - - - - - - - - - - - - - - - 70, 6
Attested copy,
of will, when evidence .-- - - - - - - - - 70, 17
Auctioneers, -
license of.--------------------- 40, 16, 23
Auditom', .
of District, duties, bond, and Salary
f---------------. ------------ 19, 81
O - y
chief clerk of, duty and bond of... 19, 80
of court, appointment, duties and emol-
uments of. (See Cap. 50.) -
reference to, of actions against execu-
tors, etc.; his powers - - - - - - - - - - 55, 34
Supreme court may appoint specially,
5
Authentication,
of Wills -------------------------- 70,23
of marriage in foreign countries -- 30, 19
Avenues, *
repairs of regulated - - - - - - - - - - - 19, 41, 55
Avenues, Streets, and Alleys,
occupation of public Streets, Spaces, and
reservations prohibited for private
purposes; title to streets of Wash-
ington, in the United States; addi-
tional telegraph, etc.; wires to be
under ground; house numbers regu-
lated ---------------------------7,
railroads prohibited on streets frontin
certain squares
Testrictions on location of street rail-
roads--------------------------- 7, 3
343,
467
165
483
560
344
210
211
667
Page.
60
60
60
60
60
60
60
61
61
61
61
61
61
61
61
452
O'
*>
&
as º ºs s sº s = * * * * * * * * * * 3 *
59
60
60
Avenues, Streets, and Alleys—Continued.
portions of Streets and avenues may be
Set aside as parks. . . . . . . . . . . . . . . 7,4
obstructions to be removed from certain
Streets-------------------------- 7, 5
Suits to enforce same to be prosecuted,
. & 6 gº * j
conditional permits to remove pave-
ments, etc.---------------------- 7, 7
penalty for obstructing certain streets,
7, 8
penalty for failure to replace work, etc,
7, 9
grades in vicinity of Capitol. - - - - - - - 7, ić
street and avenue lamps to be kept
lighted. ----------------------- 7, 11
railroad companies using steam engines
shall light Streets, etc. - - - - - - - - - 7, 12
Street lamps to be increased when
necessary; tax for same to be col-
lected. ------------------------ 7, 13
duty of Secretary of Interior to levy
Such tax, when Commissioners fail to
do so ---------------------- - - - - 7, 14
restrictions upon occupancy of land ad-
joining Washington Canal; owner-
ship of the land. . . . . . . . -- - - - - - 7, 15
certain appropriations not to imply fu-
ture obligations - - - - - - - - - - - - - - - 2
Rock street, Georgetown, D. C., portion
of, Vacated.-------------------- 7, 17
permit work; owner to pay half; discre-
tionary with Commissioners to order;
cost of work; how apportioned and
collected - - - - - - - - - - - - - - - - - - - - - - 7, 18
permit work; owner to pay lalf; dis-
cretionary with Commissioners to
order; mode of assessing charge; pay-
ments, when due; property sold for
taxes -------------------------- 7, 19
the Commissioners to establish grades of
roads, Streets, etc. - - - - - - - - - - - - - 7, 20
impropor appropriation of streets, etc.,
7, 21
Commissioners to condemn and open
roads, etc., in county - - - - - - - - - - 7, 22
when alleys may be opened and con-
demned------------------------ 7, 23
changing alley ways in Washington
City--------------------------. 7, 24
same, acts of Congress relating to dif-
ferent alleys -------------...----. 7, 25
when alleys in Washington may be
Opened ---------------- -------- 7, 26
when draining into sewers is required,
7, 27
penalty for not draining into sewers. 7, 28
remuneration of owner when private
sewer used.-------------------. 7, 29
Awards,
by arbitrators. (See Cap. 5.)
FB.
Bailiffs of Court. (See Cap. 50.)
Bailiffs, etc.,
actions on accounts of: - - - - - - - - - - - 55, 34
Bail,
none to be held to, for debt or con-
tract --------------------------- 55, 56
on arrests by justices of peace, for offen-
ses against United States - - - - - - - 35, 25
in actions of trover and detinue -- 55, 57
special, how effected - - - - - - - - - - - - - - 55, 58
special, judgment creditor of estates,
When ----------------------- l, 110, 111
452
452
2
7
668 l INDEX.
no acceptance of inland bills of ex-
change to be sufficient unless same
be underwritten; nor drawer liable
to Costs. ----------------------- 8, 7
no protests necessary for nonpayment
unless bill be for £20 or more; by
whom protests shall be made.... 8, 8
67
67
I3ail—Continued. Page. Bills, Bonds, and Promissory Notes—Cont'd.
special, when ordered, etc - - - - - - - - 55, 59 452 acceptance of bill esteemed a full pay-
who may take -------------- 55, 60–65 452, 453 ment of debt.------------------. 8, 9
form of bail piece - - - - - - - - - - - - - - 55, 61 452 proviso as to remedy against drawer, ac-
rules, etc., as to ---------------- 55, 62 453 Ceptor, or indorser - - - - - - - - ----- 8, 10
sufficiency of.------------------ 55, 63 ,453 what shall be recovered on protested
judgment and execution on bond. 55, 64 454 bills--------------------------. 8, 11
Bailor, - inland bills liable to protest, etc.----8, 12
pºeges of---------------------- 55, 71 455 what shall be recovered on certain bills,
Ballast, - etc ---------------------------- 8, 13
discharge of.-------------------- 16, 100 175 plaintiff may assign many breaches of
Bankers, - bond in courts of record. . . . . . .8, 14
license of.------------------------ 40, 25 344 |s suits on sheriffs' and testamentary bonds
Bar and Sample Rooms, g regulated.---------------------- 8, 15
license of.------------------------ 40, 27 345 in suits on bond, bill, or other contract
Bedding, - with penalty, the jury may find sum
of prisoners in penitentiary------.53, 27 431 due as true debt, which may be
Béd and Board, pleaded and allowed to executors
w º, from. (See Cap. 30.) and others--------------------- 8, 16
Beer Gardens, Billiam'd and Other Game Tables
license of.------------------------ 40, 28 345 license for.................. … 2
Beneficiary, JBirds * ºn. 40, 29
R when witness to will devising lands. 70,5 557 when unlawful to hunt. (See Cap. 24.)
enevolent, etc., Societies, I3irths
how incorporated; corporate powers; must be reported to heath officer -- 28, 11
election of officers; when can sell 'Blank Writs 5
real estate; surrender of corporate clerk not to deliver.............. 16, 106
powers. (See Cap. 15.) Board ſº j
Benning’s Bridge, - of school trustees abolished ... 57.1
travel over, etc., regulated - - - - - - - 16, 83 172 ofeſſization of tºes....... 65.33
* bars d h 1, 157 35 | of i. jished............ 23, i
( & hº ºver W D Cll - - - - - - - j ordinances of legalized, except;
nº * * * * * * * * * * * * * * * * * * * * * * * * 16, 34 162 *::::: “ºil ld.......I. ;
* y & Of Oll Oll C WOTRS ºl, O OllSIleCl - - - - - - - - - &l.
º * * * * * * * * * * * * = * .- - - - - - - - - - - 16, 32 162 ºf *... Missions, Methodist Protes.
eyond the seas” construed - - - - 16, 34 162 ...? y ſº
Bigamous Marriages, 2 of cºpiº:#;
JB jºy be declared Void. - - - - - - - - - - - - 30, 12 273 its presi ... "...I. ió.20
t!!, te - fºrade, formation, powers, restrictions
Osters, license of. - - - - - - - - - - - - - - - - 40, 26 344 O ...’ y ... ", ! j
; regulated - - - - - - - - - - - - - - - 16, iT3 177 rights, etc. (See Cap. 75.)
Bills, * Bonds, . . . e
of “...hºgº foreign and inland, protest of District when paid to be destroyed,
of. (See Cap. 11.) e . -- * ,
bonds and pºisº, Inotes (estates), exempt from taxation......... -- 65, 15
proof of protest of. - - - - - - - - - - - - 1, 114 27 of pawnbrºi.......…. 52, 3
larceny or destruction of - - - - - - - - 16, 41 164 on appeal of landlord and tenant gº;
given for money won or lent for gam- * 2 rv 38, 12, 13
in o' voi 9A. of guardians. (See Cap. 27.)
ing, Void --------------------- 25, 12 243 ; : “… f th 3
proof of, by witnesses to, etc. . . . 20, 34 220 Of J ustice O e j before i º:37, f
Bills, Bonds, and Promissory Notes, for costs (nonresident) before justice º
certain inland bills of exchange may be the pºº-º-º-º-º:::::::::::3% }.
protested ----------------------- 8, 1 65 on appeal from justice of the peace. 37,42
protest or notice thereof to be given in when required in equity proceedings.
fourteen days after made; in default (See Cap. 10.) g
of protest, etc., person failing liable to pay judgment in dower and ejectment,
in costs------------------------- 8, 2 65 required ---------------------- 34, 9
bill lost or miscarried, drawer to give to secure District, who may be sureties
another------------------------- 8, 3 66 Qn ...- : -; - ? --------, - - - - - - - - - - 19, 23
promissory notes may be assigned or in- of all officials to be filed, etc...... 19,87
dorsed and action maintained there- forthcoming, interest on judgments
on as on inland bills of exchange; against: ------ - - - - - - - - - - - - - - - 34, 23
plaintiff or defendant may recover º: º proof of - - - - - - āş;
costs --------------------------- 8, 4 G6 or inspector of Ilour ------------. j
corporations or bodies politic shall not issuance of three-sixty-fives . . . . . . . 17, 7
give note ----------------------- 8, 5 67 issuance of 20-year 5 per cent. - - - - 17, 8,
party refusing to underwrite bill of ex- . 9, 10, 11
change, such bill may be protested issuance of 50-year three-sixty-fives, etc.
for nonacceptance- - - - - - - - - - - - - - - 8, 6 67 (See Cap. 17.)
issuance of, for liabilities of city of Wash-
ington ----------------------- 17, 15
certain unsold, negotiation of . . . . . 17, 15
registered may be issued for coupon
bonds ------------------------ 17, 22
for sinking fund to be registered. - 17, 24
of executors, how regulated, etc. . . . . l, 6
199
126
200
200
187
521
425
317
310
313
289
200
212
291
27
266
188
188
188
190
190
191
191
INDEX.
JBomdg—Continued.
of executors and administrators, liable
for failure to return accounts, etc.,
. l, 133
liable to United States for assets.l., 184
where recorded, copy of - - - - - - - - - , 18
can be sued on------------------. 1, 19
when may be sued on - - - - - - - - - - . 1, 100
form of.----------------, -------- l, 21
of executor over 18 years of age, valid,
y
(femme sole) over 18 years of age,
Valid -------------------------- 1, 38
of collector (administration) form of:l, 26
JBook Agents,
license for------------------------ 40, 57
Iłooks, etc., t
property of District, stealing etc., of,
j
description of goods pawned and pawnee,
by pawnbrokers - - - - - - - - - - - - - - - 52, 4
of assessment for taxes and accounts,
books to be open to the public .. 65, 3
JBottle8,
for mineral waters, etc., owners’ rights
protected. -------------------- 16, 81
Bowmdaries,
of land, Cutting down. -- - - - - - - - - 16, 102
unlawful setting up. -- - - - - - . . .16, 103
prosecutions for, (see Note, Sec. 42,
Cap. 58). - - - - - - - - - - - - - - - - - - - - 16, 104
of public highways to be marked. .29, 4
Bowling Alley8,
license for------------------------ 40, 30
Breaking,
house with intent to kill, etc - - - - - 16, 29
prison, when a felony - - - - - - - - - - - 16, 156
Brewers, -
license of. -------------------- - - - -40, 31
Bridges,
regulation and control of - - - - - - - - - - 29, 2
Brokers,
license of.------------------------ 40, 32
Brothers and Sisters,
shares of intestate's estate - - - - l, 143,144
Building, -
regulations to be made by Commission-
el'S - - - - - - - - - - - - - - - - - - - - - - - - - - - 19, 63
subject, how enforced - - - - - - - - - - - - 19, 64
erection, protection, etc., of . . . . . 16, 115
JBuildings, -
not to be rented (by District of Colum-
bia) except. - - - - - - - - - - - - 19, 33
Building Inspector,
when to make plans, etc., for school-
houses ----------------------- 57, 39
J3 wrglary,
and housebreaking --------------- l6, 27
JBurials,
must be reported to health officer. 28. 10
Butchers, -
to pay 'Stall rent. - - - - - - - - - - - - - - - - -40, 35
Buying,
or receiving Stolen goods - - - - - - - - - l6, 58
knowing them to be stolen -- . . . 16, 59
C.
Calendar,
of causes -------------------------- 55, 3
Canal,
Washington. (See Cap. VIII.)
Capias: ad 8atisfaciemdum,
writ of. (See Cap. 33.)
When issued. ------------------- 55, 66
proceedings under. --- - - - - - - - - - - 55, 67
who exempt from it ... -- - - - - - - - - 55, 68
Capitol Grounds,
use of, regulated - - - - - - - - - - - - - - - - 16, 137
Page.
31
42
207
207
178
2
0
2
488
161
346
167
167
Capitol Grounds—Continued.
obstruction of roads in - - - - - - - - - - l6, 138
sale of goods in. ----------------- 16, 139
injury to statues, etc. - - - - - - - - - - - 16, 140
loud, etc., language, etc., in. ---. 16, 141
parades and assemblages in - - - - - - 16, 142
police and watchmen, duties of...lo, 143
preservation of order in - - - - - - - - - 16, 144
What permitted on national occasions,
16, 146
who empowered to regulate, etc...lo, 147
police regulations extended to -- . 19,91
Capital,
stock of corporations, how assessed. 65, 47
Care,
of persons and estates of lunatics. 10, 27
Carmal ſmowledge, -
of females under 16 years of age--lé, 24
Card-Playing,
money lost at, may be recovered - -25, 13
Carriages, *
for hire to be numbered. -- - - - - - - - - 40, 67
stands subject to regulations of Com-
missioners ------------------- l9, 66
Cattle and Horse Brokers,
license of.------------------------ 40, 34
Caveats, -
validity of to be decided by court. 70, 24
entered by register, after probate -- 70, 25
Cemetery A88ociations,
how formed, powers, rights, etc. (See
Cap. 15.)
Cemeteries,
exemption, of from taxation - - - - - - 65, 8
injury to ------------------------- 16, 80
associations. (See Cap. 15.)
Census,
to be taken by assessors of taxes.-- 65, 40
by lmarshal of District. - - - - - - - - - - - 50, 49
Certificate,
of marriage, form of. - - - - - - - - - - - - - 30, 17
of indebtedness, power to issue annulled,
17, 14.
of city of Washington, when only to
be used ---------------------- 17, 20
sewer, further issue of, prohibited-l'7, 14
8 per cents and coupons of all bonds
paid to be destroyed - - - - - - - - - 17, 17
Champerty,
statutes concerning champerty, etc.,
shall be enforced 5 *-
pretenced rights in lands not to be bought
unless the vendor hath taken the
profit thereof one year before ----9, 2
penalty for unlawfully maintaining of
suits. Recovery and distribution
of fine ------------------------ .9, 3
purchase of pretenced title by him that
is in possession is lawful. -- - - - - - 9, 4
limitation of action against offender,
•e sº sº s = º sº e s & sº e s tº de
\ 9, 5
Chancery,
jurisdiction of court. -- - - - - - - - - - - - - 10, 1
when suits may be maintained - - - - - 10, 2
proceedings to enforce a lien ; judgments
in rem and personal, and how en-
forced.------------------------ 10, 3
no subpoena to issue until after bill filed;
exceptions as to injunctions, etc., 4
- O,
bill dismissed, plaintiff to pay defend-
ant's costs; no copy or abstract of
any bill to go with dedimw8 for taking
answer of defendant - - - - - - - - - - 10, 5
decree confirming sale; effect of; where
to be recorded to be effective; notice,
10, 6
7
5
5
7:
670
INDEX.
Chancery–Continued.
minors and insane persons shall in cer-
tain cases make conveyances... 10, 7
guardian of infant must consent to
decree and infant may show cause
after majority----------------- 10, 8
proceedings against defendants not
served ; publication (see footnote);
pro confesso; court may direct per-
formance----------------.-----. 10, 9
proceedings after decree against absent
defendants ------------------- 10, 10
idiots or lunatics seized or possessed of
certain estates in trust, to make Con-
veyance of such estates under direc-
tion of court. ---------------- 10, 11
idiots and lunatics holding trust estates
and their committees may be com-
pelled to make conveyances, etc.,
- y
infants, being trustees, by decree of
court may make valid conveyances
of trust estates - - - - - - - - - - - - - - 10, 13
infallts seized of estates in trust may
be compelled by decree to make con-
V &Y all CC - - - - - - - - - - - - - - - - - - - - - - 10, 14
infants seized of lands in trust, or of
lands subject to an agreement to
convey, may be decreed to convey,
* 10, 15
infants may show cause against decree
to convey trust, etc.; estates; limi-
tation as to time. - - - - - - - - - - - - - 10, 16
where property of insane person not
devisable whole may be sold. 10, 17
when court may direct sale of personal
property, etc., of idiot, lunatic, or
mom compos mentis. -- - - - - - - - - - - 10, 18
court may direct sale of property of idi-
ots, lunatics, and mtom compos mentis,
when necessary for their support,
5
sales of property of idiots, lunatics,
etc., to be confirmed by decree after
report filed - - - - - - - - - - - - - - - - - - 10, 20
proceeds of sale of property of idiot,
lunatic, etc., how applied and how
distributed after their death.10, 21
real estate of infants or lunatics, etc.,
when subject to mortgage may be
Sold by order of court - - - - - - - - 10, 22
bond required 11) foreclosure of mort-
gage where infant concerned. Nom
est factum, plea of, luust be verified,
10, 23
foreclosure mortgage sale may be or-
dered; bond and obligation. Nom
est factum, plea of, must be verified.
Orders enforced by attachment lo, 24
when trustee may be appointed to sell
lands of deceased persons. ----10, 25
when creditor may procure sale of dece-
dent's lands - - - - - - - - - - - - - - - - - - 10, 26
care of the person and management of
estates of the insane to be directed.
by the court; appointment of com-
mittee; sale of property, etc. -10, 27
Crustee may be appointed to make any
sale of estate of the insane ... 10, 28
such sale must be confirmed before con-
veyance; bond required of trustee,
its obligations. Non est factum, plea
of, must be verified. ... -- - - - - - - 10, 29
terms of such sales regulated by court;
bond.------------------------ *
when bond required of trustee appointed
by will of, etc. Non est factum,
plea, must be verified. . . . . . . . 10, 31
79
79
80
80
80
80
80
81
81
81
83
83
84
84
Chancery—Continued.
When court may order deed to be re-
corded; effect thereof . . . . . . . . lo, 32
joint interests in lands of infants or
insane persons, sale of, may be de-
Creed ------------------------ 10, 33
When a decree shall have effect of a con-
VCY all C6 - - - - - - - - - - - - - - - - - - - - - - 10, 34
parties may be present at taking of tes-
timony by commission . . . . . . . . 10, 35
allowance \to commissioner to take
evidence --------------------- 10, 36
payments of allowances to commission-
ers, etc., may be enforced. - - - 10, 37
pro confesso may be entered where
defendant fails to answer - - - - 10, 38
proceedings to Čoliupel answer, pro con-
fe880, or commission - - - - - - - - - - 10, 39
defendant may exhibit interrogatories
to plaintiff; effect of, etc. ... 10, 40
orders enforced by process of contempt
and commitment - - - - - - - - - - - - - 10, 41
public officers, marshal, etc., may be
punished by fine, etc., for failing to
execute process or order. - - - - - lC), 42
marshal, etc., to return process or order;
for failure, shall be fined - - - - - lo, 43
decrees or judgments, how enforced;
execution, injunction, etc., process of
Contempt. - - - - - - - - - - - * * * * * * * * * 10, 44
demurrer or plea overruled, party in con
tempt until costs paid. . . . . . . . 10, 45
injunction to stay waste; if disobeyed,
attachment may issue - - - - - - - - 10, 46
injunction to stay proceedings at law notº
granted until bond approved - . 10, 47
execution sale of perishable property en-
joined, property to be delivered and
liability of officer ceases. - - - -. 10, 48
foreclosure of mortgages regulated; pro
comfesso and final decree. Service by
publication (Imote to thus section),
10, 49
bull being filed against residents and non-
residents, When may be taken pro
Confesso; decree. - - - - - - - - - - - - - - 10, 50
commitment for contempt for noncom-
pliance with orders of court. - 10, 51
power of court to make and execute or-
ders and decrees. Appealtherefrom,
10, 52
creditors may file petition for sale of lands
of persons dying seized - - - - - - - - 10, 53
when United States will pay creditors of
deceased whose lands escheated,
LO, 54
after publication in suits for specific per-
formance, pro confesso and final de-
cree. Publication regulated (see
note to this sections). . . . -- - - - 10, 55
decree made against nonresident shall
stand confirmed unless reviewed;
limitation of time for application for
review ----------------------- 10, 56
court has authority to determine dis-
putes as to escheated estates. . 10, 57
commissions on sales allowed to trustees,
guardians, and agents. . . . . . . . 10, 58
lands of nonresident minors may be sold
to pay debts of deceased as in case
of resident minors - - - - - - - - - - - - 10, 59
in Such sales, court shall direct notice to
be given to guardian of such
minors . .--------------------- LO, 60
remainder or other interest in land of
nonresident minor may be sold to
pay debts of person from whom de-
rived. . . . . . . . . . . . . . ----------. 10, 61
Page.
84
85
85
85
86
86
86
86
87
87
87
88
89
89
90
90
91
93
93
94.
94.
94
94
INDEX. 67.1
Chancery—Continued.
e * Page. Chancery—Continued. I’age.
in Such case notice required . . . . . . 10, 62 94 powers of single Commissioner to take
certain deeds may be ordered recorded i testimony-------------------- 10, 92 103
without appearance of defendant; | claims against escheated lands, how en-
what notice required. . . . -----10, 63 94 forced - - - - - - - - - - - - - - - - - - - - - - - 10, 93 103
effect of deed so recorded - - - - - - - - - LO, 64 95 costs, how chargeable in suits against the
specific performance may be decreed Government.----------------. 10, 94 104
where land descended to infant or defendant appearing shall answer fully
lunatic----------------------- 10, 65 95 each interrogatory of bill, plead, or
specific performance may be decreed demur; pro confesso against nonresi-
against nonresidents; what notice is dent ----------------- - - - - - - - - 10, 95 104
required --------------------- 10, 66 95 receivers may be sued without leave of
court may order deed to be recorded; Court ------------------------ 10, 96 104.
effect thereof; notice of application damages may be awarded upon untrue
required - - - - - - - - - - - - * * * * * * * * * * LO, 67 95 Suggestion -------------- - - - - - 10, 97 104.
decree may vest title in lands where heirs Supreme court authorized to appoint
of deceased contractor for sale are Some fit person to take charge of
unknown; security for purchase estate of habitual drunkards; pro-
In ODCY - - - - - - - - - - - - - - - - - - - - - - - 10, 68 96 cedure; who may be appointed. 10, 98 104.
review of such decrees allowed within bond of committee - - - - - - - - - - - - - 10, 99 105
eighteen months - - - - - - - - - - - - - 10, 69 96 powers and duties of committee. 10, 100 105
creditor may obtain decree for sale of * When and how property can be sold,
lands of nonresident decedent.10, 70 96 - - 10, 101 10:5
legal or equitable title to lands of de- contracts with habitual drunkards void
cedent without known heirs may be as against them—as to other parties,
sold to pay debts; surplus, low dis 10, 102 105
posed ------------------------ 10, 71 96 When control of property may be re-
purchaser of equitable-title paying pur- stored ---------------------- 10, 103 105
chase money entitled to conveyance how fitness to control property ascer-
from trustee - - - - - - "- - - - - - - - - - - - lo, 72 97 tained ---------------------- 10, 104 105
legal title holder of decedent debtor repealing clause. -- - - - - - - - - - - - - 10, 105 106
may be sued by creditor and Sale relief for money lost by gambling .25, 18 245
and conveyance decreed; proce- Change,
dure ------------------------- 10, 73 97 of name of person.---------------- 55, 20 444
lands escheated after death of person Channels, -
seized, his creditors entitled to pro of rivers, etc., obstruction of. 16, 100, 101 175
rata distribution; procedure. -10, 74 97 | Challenge,
purchaser of equitable title has same of jurors ---------------- 36, 24–26, 33,41 305, 308
title as under this act (1794 Md. act, to fight a duel-------------------- l6, 50 165
, ch. 60)------------, ---------- 10, 75 98 || Charge, -
partition of lands of infants or insane special, to grand jury - - - - - - - - - - - - 55, 157 475
persons having joint interests, When ; Charters,
procedure -------------------- 10,76 98 of Washington and Georgetown and
foreclosure of mortgages against non- powers of levy court, continued,
residents, may be decreed.-- - - - 10, 77 99 etc.---------------------------- 19, 9 199
sale of equitable interest in land may be Charities, etc.,
decreed for creditor, process, etc., to report to commissioners-- - - - - - - 19, 52 204.
10,78 99 || Children,
Pro confesso after publication may be de- * legitimized by marriage of parents and
creed against nonresident; limita- can inherit and transmit lands. 18, 6 194.
tion as to review - - - - - - - - - - - - - 10, 79 99 between certain ages compelled to attend
equitable title to land may be sold by school; males and females to be sep-
decree ----------------------- 10, 80 99 arated ------------------------ 57, 4 482
creditor may obtain sale of equitable - distributive share of, in estates of intes-
title of deceased debtor's land. 10, 81 100 tates ------------- l, 137, 141, 144, 145 32, 33
commission to take depositions may issue not vaccinated not to attend school. 57, 7 483
to one person, by consent. - - - - 10, 82 100 of colored persons, legitimacyof.30, 21, 22 274.
bill may be filed against sole heirs of de- protection of. (See Cup. 67.)
ceased persons; procedure - - - - 10, 83 100 | Choses,
publication may be substituted for per- - in action of Wife, relation of husband to,
sonal service where defendant evades l, 47 14
Service----------------------- 10, 84 101 Churches, -
death of party not to abate causes regu- clergy, etc., devises of lands for. -- 70, 10 559
larly set or submitted; decree gives no to be recorded, when - - - - - - - - - - - - - - 30, 8 272
preference ------------------- 10, 85 101 property exempt from taxation - - - - 65, 8 520
in suits for partition, nonresident in- Circuses,
fants, answer to be taken by commis- license for------------------------ 40, 37 346
Sion-------------------------- 10,86 101 || Circuit Court,
proceedings against nonresident defend- special terms of. (See Cap. 35.)
ant after service of summons... 10, 87 102 || Circulation,
answer to interrogatories, low enforced; of obscene literature . . . . . . . . ----. 16, 76 171
pro confesso and final decree- - - 10, 88 102 of advertisements of abortive, etc., medi-
bill of revivor after death of complain- cine------------------------ ... 16, 76 171
ant; power of court - - - - - - - - - - 10, 89 102 || Citizenship,
proceedings and decree against nonresi- of administrators and executors. . . . 1, 34 11
dent infants; their subsequent rights Claims,
of review, etc - - - - - - - - - - - - - - - - 10, 90. 102 against United States, liability for mak-
pro confesso, when may be entered. 10, 91 103 ing false -------------------. 55, 150 473
672
INDEX.
Claims—Continued.
against United States, suits for Same,
55, 151
duty of district attorney as to .. 55, 152
rights of persons - - - - - - - - - - - - - - 55, 153
limitations of Suits - - - - - - - - - - - - 55, 154
when assigned.-------------------- 6, 1
against estates, when barred. -- - - - - l, 99
must be proved or passed - - - - - - - l, 108
on judgment, proof of. ---------- l, 109
proof of by factor. --------------1, 118
filed too late, etc. ------------- l, 101
proof of, out of District - - - - - - - - - l, 120
K may be rejected, appeal. - - - - - - - - l, 121
no credit for, when hot passed, ctic.,
- l, 123
rejected, must be sued on, when -l, 104
Cleanliness,
of prisoners in penitentiary - - - - - - - 53, 13
Clerk, -
of court, liability of, for omissions in
writs, etc -------------------- 55,83
when to docket judgments of justices
of peace --------------------- 37, 35
to file original papers on appeal from
justices of peace -
dockets of justices of peace to be de-
livered to, when - - - - - - - - - - - - - - 37, 2
mistakes of, in record shall be amend-
ed
not to deliver blank Writs - - - - 16, 106
lmistake of, in record, etc., amended
after judgment - - - - - - - - - 55, 90,91, 93
his appointment, oath, bond, duties,
liabilities, emoluments, and accounts.
(See Cap. 50.)
- - - - - - - - - - - - - 3 +4
to health officer ------------------- 28, 4
Clerks,
of religious bodies, exempt from arrest,
When ----------------------- 16, 158
Clotlving,
of prisoners in penitentiary------- 53, 27
and money furnished prisoners when dis-
charged from penitentiary - - - - 53, 49
second-hand dealers in, subject to Tegu-
lations of Commissioners------ 19, 66
of infected people uot to be sold.-- 28, 16
Coal
sale and weight of regulated... 69, 20, 21
Collaterals,
of intestates, when may take...l., 146-153
Collector of Taa’es,
his appointment, bond, duties, liabili-
ties, etc. (See Cap. 65.)
Collectors of 108tates,
letters of -- - - - - - - - - - - - - - - - - - - - - - - - - l, 24
form of letters.--------------------- l, 25
bonds of.-------------------------- l, 26
oath of ---------------------------- l, 27
powers and pay of.---------------- l, 28
can not sue for or release debts-----1,29
powers cease when adıninistration
granted ----------------------- l, 30
inventory of.-------. -------------- l, 74
additional inventory --------------- l, 75
inventory may be adopted by exec-
utor- - - - - - - - - - - - - - - - we gº e º g º º º 'º - e º º l, 76
Colored Children,
education of, provided for-------- 57, 10
Colored Persons, -
when deemed husband and wife. -- 30, 20
married by customs, etc., can inherit,'
etc., property - - - - - - - - - - - - - - - - - 18, 7
Colored Schools,
to be established ----------------- 57,26
donations for------------------- . . 57, 12
distribution of moneys for . . . . . . 57, 25, 26
Page. Collusion,
with respect to drawing juries. 36, 34, 35
474 Color Line, -
474. in guests of eating and other places,
474 l6, 150
4 { * | Commercial Agents,
58 license of.-----, -----------------. 40, 24
* | Commission, -
26 merchants, license of.-------...----. 43,33
26 of justice of peace, when void for mis-
28 conduct---------------------- 37, 43
24 allowed to executors and adminis-
28 trators------------------------ 1, 125
29 to take proof of will by of nonresident
Witnesses--------------. ------ 70, 33
29 to take testimony (equity) allowance
25 for------------------------ 10, 36, 37
allowed guardians, etc. - - - - - - - - - - - 10, 58
429 || when may be paid to agents employed
to purchase school sites. - - - - - 57, 37
t Commissioners of Deeds and Notarieś Public,
460 appointment of commissioners of deeds,
• by whom ; powers of, etc. - - - - - ll, 1
312 appointment of notaries public, by
tº tº Whom ; residence of - - - - - - - - - - - ll, 2
313 | term of office of notaries and commis-
Sioners------------------------ ll, 3
309 notaries may take testimony to be used
- ; : in U. S. courts; and acknowledg-
460 ments and affidavits same as com-
176 missioners of U. S. circuit courts.ll, 4
oath and bond of notary ---------- ll, 5
461, 462 seal of notary............... - - - - - - ll, 6
seal, impression of where to be depos-
ited.------------------------- ll, 7
| seals, records and official documents of
260 notary exempt from execution-ll, 8
powers and duties of Irotaries as to
foreign bills - - - - - - - - - - - - - - - - - - ll, 9
186 what acts of notaries, for use and effect
beyond the District, may be per-
431 formed ---------------------- ll, 10
i powers of notaries as to inland bills.ll,11
434 general powers of notaries ....... l,
record of acts, notary to keep; certified
207 copy of --------4------------- ll, 13
263 Original of protest, to be prima facie
evidence--------------------- ll, 14
554 certificate of protest, evidence of facts,
When------------------------ ll, 15
33, 34 fees of notary -------------------- ll, 16
penalty for taking excessive fees -ll, 17
records of notary, disposition of in case
of death, etc ----------------- ll, 18
holidays, public, affecting acts of nota-
9 ries and payment of promissory
9 notes, etc -------------------- ll, 19
10 holiday, 22d February, legal . . . . . 11, 20
10 holiday, inauguration day, legal -ll, 21
10 holiday, 30th day of May, legal . .ll, 22
10 holidays, legal, falling on Sunday, how
payment of promissory notes is
10 affected by - - - - - - - - - - - - - - - - - - ll, 23
17 per diem employés of Government to be
17 paid for certain holidays - - - - - ll, 24
employés of Government Printing Office
18 allowed certain holidays with pay:
provisos --------------------- 3 +
484 || Commissioners of Sinking Fund,
abolished ------------------------- 17, 2
274 Commissioners of Flour Inspection,
appointment and duties of ... - - - - 28, 26
194 | Commissioners of the District,
their appointment and powers -- . 19, 15
486 civil, qualifications for holding the
# office ------------------------ 19, 19
4.
their oath of office, salary and bond. is, 20
488
106
106
106
107
107
107
107
108
108
108
108
108
108
10}}
109
109
109
109
INDEX. /
673
Commissioners of the District—Continued. Page. Commissioners of the District—Continued.
board of; president of, etc. . . . . . . . 19, 20 200 their duties as to laying of railroads and
their tenure of office - - - - - - - - - - - - - l9, 21 200 paving, etc., of Streets by them,
powers and property Vested in ----19, 24 201 - 19, 59, 60
powers and authority of executive and of repairing water and gas mains,
board of public Works vested in; ..~ 19, 61
powers over revenues; authority to duties and authority of police and school
take possession of books, etc., of boards transferred to - - - - - - - - 19, 62
District --------------------- 19, 25 201 to make building regulations... 19, 63, 64
executive bower vested in - - - - - - - - 19, 26 201 to make rules for impounding domestic
to regulate payment of taxes - - - - - 65, 37 525 animals---------------------- 19, 65
to report to Congress number and pay to make, notify, and enforce police regu-
of school teachers - - - - - - - - .57, 35, 36 487, 488 lations as to pawnbrokers, etc.19, 66
restricted as to employment of agents to to make regulations as to construction,
purchase school sites. - - - - - - - - 57, 37 488 repairs, and operation of elevators,
powers in condemnation of land for 19, 68
School, engine house, and police sta- restricted as to permitting certain wires
tion sites -------------------- 57, 38 488 to be put over streets, etc., report,
to approve plans for schools, engine etc.-------------------------- 19, 70
houses, and police stations - - -57, 39 488 as to putting wires underground... 19, 71
vested with powers and duties of board to investigate and report as to contracts
of school trustees - - - - - - - - - - - - - 57, 1 482 for lighting, etc.------------. 19, 72
to establish colored schools - - - - - - 57, 26 486 || Committee, w
may delegate building inspector to of lunatics----------------------- LO, 27
supervise repairs and construction of foreign lunatics, powers, etc. (See
of public school buildings. ----57, 3 482 Cap. 27.)
powers of, in condemnation of land for Compensation,
public schools - - - - - - - - - 57, 13–19, 39 485, 488 extra to collectors, when - - - - - - - - - - 1, 126
their jurisdiction over roads and of jurors------------------------- 36, 36
bridges.------------------------ 29,2 267 Company,
duties of, in relation to contagious dis- definition of----------------------- 39, 8
eases of animals. ------------- 28, 18 263 | Compilation of law8,
to appoint inspector of plumbing. - 28, 5 260 commission for-------------------- 39, 9
to approve regulations of health offi- compensation of Commissioners- - -39, 10
.* Cel' - - - - - - - - - - - - - - - - - - - - - - - - - 28, 12 262 to be printed, and price of... . . . . . . 39, 11
may pardon and respite for offenses Competency,
against laws enacted by legislative of offenders under abortion laws to tes-
assembly--------------------- 19, 27 201 tify against others - - - - - - - - - - - -ló, 20
shall commission all officers - - - - - - 19, 27 201 of administrators and executors - - - -l, 32
their powers as to water service - . 19, 28 201 || Compounded food and drugs. -----...- 16, 88
restricted from making contracts or Concealed Weapons. -------- - - - - - - - - l6, 119
incurring liability for account of the Concerts, -
United States. -- - - - - - - - - - - - - - 19, 29 201 license for------------------------ 40, 36
further powers and duties of; applica- Conduct, - º
tion of revenues by . . . - - - - - - - - 202 of prisoners in penitentiary, deduction
may reduce, adjust, and equalize sala- for good.--------------------- 53, 32
Ties --------------------------19, 38 202 || Condemnation,
may abolish and consolidate offices. 19, 39 202 of land for school sites - - - - - - - - 57, 13–19
may ſix pay of Metropolitan police and of land for public roads. (See Cap. 39.)
price of lighting lamps... - - - - - 19, 40 203 of material for public roads. . . . . . . 29, 22
shall control repairs of streets, sewers, Congress,
etc -------------------------- 19, 41 203 to exercise exclusive legislation for
to disburse all moneys, etc., on war- District. -------------. --------19, 1
rant -------------------------19, 42 203 to approve estimates of Commissioners,
to erect and maintain lamps outside city 19, 47
limits ----------------------- 19, 43 203 to appropriate 50 per cent of approved
to submit annual estimates of work to be estimates ----...---* * * * * * * * * * * * * 19, 48
done ------------------------ 19, 44 203 || Confession of judgments,
as to water department expenses-l9,45 203 on bond, by power of attorney, not law-
transmission of estimates by, to Con- ful --------------------------- 34, 13
glCSS - - - - - - - - - - - - - - - - - - - - - - - - 19, 46 203 by partnership, when Void. . . . . . . . 34, 13
approval of their estimates by Secretar Confinement,
of Treasury - - - - - - - - - - - - - - - - - - 19, 47 204 of juvenile offenders. -- - - - - - - - - - - 55, 163
to expend appropriations for contingent in separate cells, of prisoners in peniten-
CXP)Cl]SOS - - - - - - - - - - - - - - - - - - - - - 19, 49 204. tiary ------------------------- 53, 27
to report official acts to Congress, annu- Confirmation,
ally -------------------------- 19,50 204. of sales of property of lunatics, etc -10, 20
to pay temporary overseers, etc., on cer- Construction,
tain works, and report same. - 19, 51 204 of certain acts relating to record and
to transmit reports of charities, etc., to acknowledgment of deeds. . . . . 58, 27
Congress--------------------- 19, 52 204 of laws relating to public schools. . 57, 8
their accounts to be settled by account- - Consent,
ing officers of Treasury. . . . . . . 19, 53 205 of certain persons to be had before locat-
their accounts to be rendered monthly, ing schoolhouses . . . . . . . . .---.57, 20
- 19, 54 205 Constables,
their rights and duties as to contracts supreme court may appoint twenty. 12, 1
for repairing of streets etc. 19, 55, 56 205 bond required; removal from office. 12, 2
Page.
206
206
209
207
207
207
208
208
208
208
83
30
307
338
338
338
338
159
11
173
178
346
43 (. S
431
484, 485
269
198
204
204
289
289
476
430
80
495
483
,485
110
110
674.
INDEX.
Constables—Continued.
duties of constables - - - - - - - - - - - - - - - 12, 3
shall take oath and give bond. . . . . 12, 4
bond with sureties required - - - - - - - l2, 5
powers of constables - - - - - - - - - - - - - 12,.6
failure of constables to pay over
Ill OI) Cy - - - - - - - - - - - - - - - - - * * * * * * * * 12, 7
fees and commissions - - - - - - - - - - - - - - 12, 8
penalty for falling to qualify or find a
substitute. --------------------12, 9
oath of, in jury trials, before justices of
D&tlCC - - - - - - - - - - - - - - - - - - - - - - - - 37,28
may plead general issue - - - - - - - - - - 37, 46
Contempt of Court,
punishment ------------. 10, 41, 42, 44, 51
powers of court. ----------------- 35, 33
Contest,
of will may be had after probate. 70, 24
Contingencies,
when personalty of estates may be re-
tained for----------------- l, 135,149
Contingent Jºaºpenses, - -
to be accounted for by Commission-
GIS - - - - - - - - - - - - - - - - - - - - - - - - - - - 19, 49
Continuances,
(See Cap. 55, secs. 116–136.)
before justices of the peace. - - - - - 37, 16
Continuation,
of causes referred for arbitration, when
j
Comtracts,
in relation to sale of land, when may be
recorded; their effect as notice to
subsequent purchasers - - - - - - - - 58, 11.
for buildings and works to be adver-
tised -------------------------- 13, 1
bids for same, how opened. - - - - - - - - 13, 2
in advance of appropriations void-l9, 3
contractors to give security for ad-
Vances ------------------------13, 4
measurement of work. - - - - - - - - - - - - . 13, 5
extra materials, how rated. - - - - - - - 13, 6
illegal vouchers, how stopped. - - - - 13, 7
penalty for making or passing, etc., fraud-
ulent Vouchers - - - - - - - - - - - - - - - - 13, 8
fuel, inspection of.---------------- 13, 9
inspectors of fuel, appointment; bond;
duties. ----------------------- 13, 10
appointment of inspectors, to be notified
to accounting officer - - - - - - - - - - 13, 11
no payment for fuel except on certifi-
Cate-------------------------- 13, 11
not to be made by commissioners until
after money appropriated. - - - - 19,31
by commissioners void when they are
|Parties ----------------------- 19, 32
by Commissioners for rent of builºgº
33
y
for removal of garbage, etc. . -- - - - 19, 34
with District, retained money not to be
invested, etc., - - - - - - - - - - - - - - ‘. . .17, 5
of sale enforced against unknown heirs,
10, 68
made with habitual drunkards, void as
to them,--------------------- 10, 102
involving greaterinterest than 6per cent.
(See Cap. 32.)
for public highways regulated - - - - 29, 1
of married women as to their separate
estate ------------------------ 30, 25
Ino person shall be held to bail on. 55, 56
Contractor,
definition of.--------------------- 40, 56
Contractors license-----------------. 40, 56
Control,
Page. Contagious diseases, -
110 of animals, suppression, etc., of. - .28, 18
110 Copy, - r
110 of license record to be competent evidence
110 of marriage ------------------ 30, 18
of entries in dockets of justices of peace,
110 effect of ------------------- 50, 85,86
111 of will, atteslied, when evidence. - 70, 17
111 Conveyance,
\ When a decree shall be - - - - - - - - - - - - 10, 34
312 of real property. (See Cap. 58.)
§iſ by minors and insane persons - - -10, 7,11
by lunatics of trust estates - - - - - - - - 10, 12
87, 89 by infants of trust estates.... 10,13,14,15
’’ jº by infants of lands subject to agreement
297 to convey -------------------- 10, 15
good without attornment - - - - - - - - 58, 31
561 Conversation, -
of prisoners in penitentiary. - - - - - 53, 27
Convicts,
31, 33 when admitted to insane asylum. (See
Gap. 31.) .
poor, in jail fºr fines, how discharged,
Q().
204 55, 163
running away, penalty---------- 16, 155
310 | Coroner,
duties of, expenses of interring bodies;
proviso; reports to health officer;
56 valuables found on bodies, how dis-
posed of; salary of coroner; bond of
coroner. (NOTE.—Jury, how com-
** posed, and their pay; fees of wit–
492 nesses; abortive drugs, coroner to
analyze) ---------------------- 14, 1
111 duty of coroner on inquisition found
111 before him-------------------- 14, 2
111 what things a coroner shall inquire into,
y
111 commission of. (NOTE.-Is officer of the
111 District) ---------------------- l4, 4
112 usual oath of.--------------------- 14, 5
112 additional oath of; certificate of, to be
filed and recorded; penalty for
112 neglect------------------------ , 6
112 usual and additional oath to be taken
. and recorded-- - - - - - - - - - - - - - - - - 14, 7
112 to give bond; its condition and obliga-
tion. (NOTE.--When coroner can
112 not execute process, elisor may be
appointed) -------------------- 14, 8
112 may give bond in sixty days. - - - - - 14, 9
coroner paying certain judgments; Sub
202 rogated. (NOTE.—Capias ad satis-
faciemdum me eaceat). - - - - - - - - - l4, 10
202 judgment against, for failure to return
execution - - - - - ... • * * * * * * * * * * * * * * 14, 11
202 judgment against, for failure to return
202 original Writ-------------...--- 14, 12
paying judgment is entitled to the orig-
187 inal cause of action - - - - - - - - - - - 14, 13
motion against, for return of writ;
96 response, etc. ---------------- 14, 14
jury ----------------------------- 36, 40
105 to analyze abortives.... . . . . . . . . . . 16, 19
Corporation,
the District is a municipal- - - - - - - - 19, 7
267 of Washington continued for certain
Dll TDOSCS - - - - - - - - - - - - - - - - - - - - - 65, 50
275 the word “person’’ applies to . . . . . 39, 5
452 Corporations,
and bodies politic, not to execute notes,
$48 8, 5
348 foreign, process against. (See Sec. 167,
p. 445.)---------------------- 55, 2
267 creation of, by general law........ 15, 1
l?age.
263
496.
430.
475
185.
113
113
114
115
115
115.
116
116
116
117
117
117
117
117
308
159
198
531
338
67
of bridges-------------- - - - - - - - - - - .29, 1
55
121
INDEX.
Continued.
Corporations
CLASS 1.-Institutions of learning.
how they may be incorporated; pre-
requisites --------------------- 15, 2
Corporate powers; succession, to sue
and be sued; acquire and hold prop-
erty, etc.--------------------- 15, 3
acquirement and alienation of prop-
erty--------------------------- l5, 4
their tenure of property - - - - - - - - - - - 15, 5
funds of, how applied. - - - - - - - - - - - -15, 6
bequests, etc., to, how applied - - - - 15, 7
limit to amount of land corporation may
hold --------------------------15, 8
land reverts to original donor, when,
5, 9
officers, and servants, how appointed,
etc. ----------- --------------- 15, 10
treasurer to give bond. - - - - - - - - - - - 15, 11
annual statement, what to contain; to
be recorded by recorder of deeds,
15, 12
process against corporation - - - - - - 15, 13
quo warranto proceedings against. 15, 14
CLASS 2.—Religious societies.
limit to ownership of lands by - - - - 15, 15
may assume a name; trustees of... l8, 16
certificate of trustees, how verified and
recorded --------------------- 15, 17
trustees' term of office; rules and regu-
lations concerning------------ 15, 18
trustees, their successors, record of,
15, 19
trustees, failure to choose - - - - - - - - 15, 20
Corporate powers. - - - - - - - - - - - - - - - - 15, 21
title to land, in whom vested - - - - 15, 22
trustees, powers and duties as to sale of
lands ------------------------ 15, 23
same subject, mortgage of lands -- 15, 24
reversion of property, when - - - - - - 15, 25
private schools of, not privileged under
School laws.------------------ 15, 26
CLASS 3.-Societies, benevolent, educational,
etc. . -
existing corporations (of this charac-
ter) may avail themselves of provi-
sions of this act, etc.; right reserved
to alter or abolish charters and of
repeal.------------------------ 15, 27
such societies, etc., how formed -- 15, 28
their corporate powers; proviso - . 15, 29
election of officers; vacancies, how filled,
15, 30
existing societies, how reorganized,
15, 31
sale, etc., of its real estate, when, etc.,
15, 32
surrender of corporate powers; disposi-
tion of property - - - - - - - - - - - - - - 15, 33
name previously adopted by another not
to be used.-------------------- 15, 34
board of Foreign Missions Methodist
Protestant Church empowered to
hold property; proviso, limitation
as to real estate - - - - - - - - - - - - - - l8, 35
CLASS 4.—Manufacturing, agricultural,
mining, mechanical, insurance, trans-
portation, market, and Savings-bank
corporations.
such companies, how formed; certificate
of incorporation to be acknowledged
and recorded; what certificate must
contain ---------------------- 15, 36
Page.
126
Corporations—Continued.
perpetuation of real estate title insurance
Companies ------------------- 15, 37
Corporate powers. . . - - - - - - - - - - - - - - 15, 38
trustees, number and qualifications of,
15, 39
election of trustees; vacancies supplied.
l5, 40
non-election of trustees not to dissolve
CODOpally - - - - - - - - - - - - - - - - - - - - - l5, 41
officers of company; how chosen; re-
Quired to bond - - - - - - - - - - - - - - - 15, 42
by-laws -------------------------- 15, 43
assessment calls, forfeiture for nonpay-
ment--------------- * = * ~ * = − = * = 15, 44
stock defined as personal estate; trans-
fers of. - - - - - ... * * * * * * * * * * * * * * * * * * 15, 45
liability of stockholders - - - - - - - - - - L5, 46
capital stock paid in, certificate and
record of.-------------------- 15, 47
when capital stock must be paid in full,
5, 4
capital stock must be paid in money,
15, 49
annual statement to be verified, recorded,
and published.--------------- 15, 50
trustees' liability for failure to make,
etc., annual Statement - - - - - - - - 15, 51
false certificate, liability of officers mak-
ing same--------------------- 15, 52
funds not to be invested in stock of other
Companies ------------------- 15, 53
loans of fundstostockholders prohibited;
liability for breach - - - - - - - - - - - L5, 54
liability of trustees for declaring, etc.,
unlawful dividends - - - - - - - - - - 15, 55
when trustee relieved . . . . . . . --. 15, 56
When debts exceed capital stock-15, 57
liability of stockholders for debt, wages,
etc.--------------------------- 15, 58
limitation of ------------------- 15, 59
executors, etc., not personally liable
on Stock held as such - - - - - - - - - 15, 60
representation of stock held by execu-
tors, etc.--------------------- 15, 61
holders of stock, as collateral, not subject
to liability of stockholder - - - - 15, 62
stock book to be kept; duty of trustees
as to ------------------------- 15, 63
to be open to inspection, by stockhold-
eTS and creditors, etc - - - - - - - - - - 15, 64
transfers of stock not valid, unless re-
corded ----------------------- 15, 65
evidence of transfer - - - - - - - - - - - - 15,66
liability of officers for noncompliance
With section 66. - - - - - - -------- 15,67
liability of company for neglect of sec-
tion 64; penalty; how recovered,
etc -------------------------- 15, 68
capital Stock may be increased or dimin-
ished ------------------------ 15, 69
when not to be diminished - - - - - 15, 70
existing companies may be reorganized,
. 15, 71
meeting of stockholders; notice, etc.,
15,72
organization of. ---------------- 15, 73
proceedings at, regulated to change or
extend; verification of . -----. 15, 74
when change, etc., effectual - - - - 15, 75
Sufficient vote for - - - - - - - - - - - - - - 15, 76
certified copy of certificate to be evi-
dence ------------------------ 15,77
CLASS 5.—Cemetery associations.
formation of ; powers, etc - - - - - - - - L5, 78
may acquire land, how and under what
restrictions -----. . . . . . . . . . . . . 15, 79
130.
130
130
130
131
131
131
131
131
131
131
132
(376 INDEX.
Corporations—Continued. Page. Corporalions—Continued. Page.
land to be platted and recorded, etc., laying out and constructing road ;
~ - l5, 80 132 taking materials; restoration of
general powers. ------------------ 15, 81 132 roads over streets, water courses,
sale of lots and application of proceeds, etc.; construction of Water courses
- 15, 82 132 and highways ; intersections with
officers, how chosen. - - - - - - - - - - - - - 15, 83 132 other roads; roads to unite ; when
first election - - - - - - - - - - - - - - - - - - - 15, 84 132 several corporations can not agree ;
subsequent elections, who may vote, motive power ; compensation for
15, 85 132 traffic, buildings, stations, etc.;
by-laws-------------------------- 15, 86 132 transportation, fares, and freight,
property exempt. - - - - - - - - - - - - - - - - 15, 87 132 f - l5, 127 137
dedication of land for burial ground, map and profile of road to be recorded.
how effected, etc. - - - - - - - - - - - - 15, 88 132 l5, 128 138
…” * as to alterations of... - - - - - - - - - - - 15, 129 138
CLASS 6.—Boards of trade. tracks crossing high Ways - - - - - - - - 15, 130 139
- compensation for lands taken -- 15, 131 139
how formed.---------------------- l5, 89 133 title to lands, right to acquire - - - 15, 132 139
Corporate powers. - - - - - - - - - - - - - - - - l5, 90 133 lands, appropriation of..... ----- 15, 133 139
may hold real estate, limit to - - - - - l5, 91 133 description of lands to be deposited
board of directors. - - - - - - - - - - - - - - - 15, 92 133 with clerk of court - - - - - - - - - - 15, 134 139
election of officers - - - - - - - - - - - - - - - - 15, 93 133 land, purchase of from owner or guard-
their tenure of office. - - - - - - - - - - . . . 15, 94 133 ian --------------- ---------- 15, 135 139
rules, regulations, etc. - - - - - - - - - - - 15, 95 133 land, proceedings on appropriation when
fines, how imposed and collected.-- 15, 96 133 unable to purchase- - - - - - - - - - 15, 136 139
arbitration, effect of. - - - - - - - - - - - - - 15, 97 133 land, notice to owner or guardian when
award by . -- - - - - - - - - - - - - - - - - - - - - - 15, 98 134 unknown, on appropriation -- 15, 137 140
same subject, Inotice, bond--- - - - - - 15, 99 134 appointment of appraisers - - - - 15, 138 140
same subject, power to compel attend- assessment of damages. --- - - - - 15, 139 140
ance of Witnesses. - - - - - - - - - - - 15, 100 134. payment or tender for same - - - 15, 140 140
restriction upon carrying on business, costs of award---------------- 15, 141 140
15, 101 134 review on appeal-- - - - - - - - - - - - - 15, 142 140
CLASS 7.—Railroad companies. º .* sº take e- pºon * "sº 140
& e g - . costs, by Whom paid. - - - - - - - - - 15, 144 140
how formed ; Tequisites of articles of claims to money, if by several, to be
association ; record of same. ..l.5, 102 134 settled by court......... 15, 145 140
corporate powers. : : - - - - - - - - - - - ... 15, 103 134 court to protect rights of claim-
certified copy of articles to be prima facie ants ------------------------ 15, 146 140
evidence *-s º ºr 4-3 º ºs º º E * * * *- - - - - - - l5, 104 135 defective title, how perfected.-- 15, 147 141
subscription books to capital stock to be 4*) = * power to borrow money and issue bonds;
opened, etc ----------------- 15, 105 135 restrictions - - - - - - - - - - - - - - - - - l5, ić 141
allotment of stock-----. :--------15, 106 135 annual report, contents, etc., to be filed
annual meeting of stockholders for elec- with clerk of court - - - - - - - - - - L5, 149 141
tion of directors. - - - - - - - - - - - - 15, 107 135 carrying mails------------------ 15, 150 142
judges of election.----- - - - - - - - 15, 108 135 making up of trains, liability for neglect
certificate of election ; its authority, of this section. ...------. ----15, 151 142
e 15, 109 135 accommodation of the public. - - - 15, 152 142
directors, number, qualifications and * refusal to transport passengers or prop- -
term of office. - - - - - - - - - - - - - - - 15, 110 135 erty, damages may be recov-
how chosen, etc ---------------15, 111 135 ered -------------- - - - - - - - - - - 15, 153 142
non-election, how remedied -- . 15, 112 136 passengers refusing to pay fare may be
special meetings of stockholders, how - put off. - - - - - * * * * * * * * * * * * * * * * 15, 154 142
called. ----- - - - - - - - - - - - - - - - - - 15, 113 136 employés to Wear badge. - - - - - - - - 15, 155 142
proceedings at and adjournment 15, 114 136 no officer to exercise authority without
by-laws - - - - - - - - - - - - - - - - - - - - - - - - - 15, 115 136 badge ---------------------- 15, 156 142
officers, how chosen, security to be given route and termini of road to be approved
by, etc.------------ - - - - - - - - - - - - 15, 116 136 by Congress. - - - - - - - - - - - - - - - - 15, 157 142
president may be removed - - - - - - - 15, 117 136 operation and management; fare and
annual statements ; by whom made, freight may be regulated by Con-
... 15, 118 136 9TCSS - - - - - - - - - - - - - - - - - - - - - - - 15, 158 142
may be called for at any meeting. construction of this chapter. - - - - 15, 159 143
15,119 136 repeal of this chapter reserved...15, 160 143
stock, personal property, when and how street cars: Power to be employed; rails;
transferred ------ -----------15, 120 136 proviso; grooved rails to be used in
subscriptions, how called in . . . 15, 121 137 two years; powers by Commissioners
certificate of, to be recorded...15, 122 137 if company neglect; costs; certiſi-
increase of -------------------- 15, 123 137 cates of indebtedness for; sale of
how increase perfected.------- 15, 124 137 property; no other but grooved rails
limit of increase: . . . - - - - - - - - - 15, 125 137 to be used hereafter; not applicable
suits to enforce collections of subscrip- out of city limits; when approval of
tions--------- - - - - - - - - - - - - - - - 15, 126 137 Commissioners required. ... 15, 161 143
general powers, liabilities, and restric- } ! ---- *
tions on corporations ; surveys and y CLASS 8.-Savings banks and trust con-
entry upon lands, etc.; responsibil- pames.
ity ; grants and donations to ; how to make and publish reports; penalties
to be used ; purchase, etc., of real for failure; to be subject to national
estate and compensation therefor; banking laws. . . . -- - - - - - - - - - 15, 162 144
INDEX.
Corporalions—Continued.
to be examined. - - - - - - - - - - - - - - - - - 15, 163
CLASS 9.-Insurance.
When insurance companies shall do
business; capital; same, assessment
Companies -----------------. 15, 164
annual statements; special Statements;
penalty for neglect. (NOTE.-Dis-
trict property, how insured). 15, 165
assets of fire insurance companies; assets
of inland and marine insurance com-
panies; assets of life insurance com-
panies; Commissioners must assent
to company commencing opera-
tions------------------------ 15, 166
foreign companies must have attorney in
fact ------------------------ 15, 167
penalty for transacting business with-
out authority. -- - - - - - - - - - - - - 15, 168
application of insured to be attached to
policy ---------------------- 15, 169
when act is operative. -- - - - - - - - - - 15, 170
Mutual Fire Insurance Company of Dis-
trict of Columbia; failure to pay
interest, etc.; policy of insured
deemed lapsed; notice to insured;
Settlement, etc. - - - - - - - - - - - - - 15, 171
costs, by whom paid - - - - - - - - - - 15, 172
insurable interest required in insurance
On Ships or their cargo - - - - - - 15, 173
reinsurance, when permitted.----15, 174
plaintiff in action to recover insurance
shall disclose other insurance.15, 175
CLASS 10.-Maryland vestry act and amend-
nvents.
how vestries are chosen - - - - - - - - - - 15, 176
register of parish to enroll certain per-
SODS - - - - - - - - - - - - - - - - - - - - - - - - 15, 177
vacancies in vestry, how filled. -- l8, 178
qualifications of voters and election of
vestry, how decided - - - - - - - - - 15, 179
oath of Vestryman. -- - - - - - - - - - - - - 15, 180
vestry meetings
Rage.
144
146
146
146
146
146
146
147
147
147
rector's powers, rights, etc - - - - - - 15, 182
title of church property investry.ls, 183
rector's liability for Waste. - - - - - - 15, 184
church wardens, how chosen, and oath
of -------------------------- 15, 185
same shall have power to keep the peace,
etc.-------------------------- 15, 186
elections for vestry may be held at any
time, etc -------------------- 15, 187
church wardens may be chosen at any
time ------------------------ 15, 188
vestry may choose and contract With
ministers ------------------- 15, 189
ministers, their titles and priorities,
15, 190
vestry may take subscriptions for parish
|}ll!'})0S6S - - - - - - - - - - - - - - - - - - - - 15, 191
register to be provided by vestry; his
duties and oath of office. . . . . 15, 192
additional duties of . . . . . . . . . . . 15, 193
ministers to notify register of marriages,
CUC - - - - - - - - - - - - - - - - - - - - - - - - - - L5, 194.
minister, or register neglecting duties,
to pay, etc -------------------- L5, 195
register the custodian of records; to cer-
tify copies, etc.; fees - - - - - - - - 15, 196
vestry fined for failure to appoint regis-
ter or provide books. -- - - - - - - 15, 197
special meeting of Vestry, how called,
15, 198
vestrymen not attending meetings may
be fined. -------------------- 15, 199
Corporations—Continued. -
When vestry men or register may be fined,
15, 200
fines, how recovereſl. . . . . . . . . . . . . 15, 201
Vestrymen bodies Corporate; their pow-
ers and duties. - - - - - - - - - - - - - - 15, 202
alienation of church property, restricted,
15, 203
debts due minister not to be paid out of
money received for property.15, 204
Vestry powers over cemeteries, pews, and
other church property - - - - - - 15, 205
Vestry may have seal, Sue and be sued,
L5, 206
parishes, how formed, united, or divided,
- + 15, 207
Select vestry act repealed - - - - - - - - 15, 208
Protestant Episcopal churches, act of
legislative assembly relating to, ap-
proved.--------------- ------- 15, 209
officers and voters, qualification of;
proviso, regarding recently organ-
ized parishes---------------. 15, 210
as to meeting of vestries; vacancy in
vestry, how filled; wardens, how
elected; powers of vestries -- 15, 211
organization of existing vestries con-
firmed ---------------------- 15, 212
as to rights of associate rectors-l9, 213
Rock Creek Cemetery, privileges. 15, 214
St. John’s parish, voters' qualifications,
15, 215
qualifications of voters in certain
churches -------------------- 15, 216
sections 215 and 216, applicable to other
churches; proviso. -- - - - - - - - - 15, 217
Costs, -
of laying pavements, sewers, etc., how
and by whom paid - - - - - - - - - - - 19, 58
w ben verdict is less than jurisdictional
amount ---------------------- 55, 19
when judgment is less than jurisdictional
amount ---------------------- 34, 21
of nonresidents, before justices of the
1968.06 - - - - - - - - - - - - - - - - - - - - - - - - 37, 12
security for, by nonresidents - - - - - 55, 30
of justices of peace to be fixed by Supreme
Court ---------------. * * * * * * * * * 37, 45
in suits, deposit for. -------------- 50, 83
how taxed and recovered. (See Cap. 50.)
when poor persons may sue without
deposit -------------------- 55,32,33
when tender bars in certain actions. 55,40
in suits against Government - - - - - - 10, 94
allowed executors and administriº:
- 1, 125
Coupon bonds,
paid, to be destroyed - - - - - - - - - - - - - 17, 17
registered bonds may be exchanged fº
y -->
Counter security,
when to be given by guardian - - - -27, 28
Counterfeiting,
& &º
uttering, etc.- - - - - - - - - - - - - - - - - - - - - 16, 39
Courts,
power to make and enforce its orders, etc.,
LO, 52
Covenants,
in leases for and against grantors and
lessees of reversioners - - - - - 38, 32, 33
Cows,
and other animals for slaughter, ordi-
nances for. (See Cap. 3.)
Creditors,
of estates, distribution amongst . . . 1,96
advertisament of distribution ... i, 102
678
INDEX. ---,
Page. Crimes and Offenses—Continued.
- sodomy; certain other crimes, breaking
35 houses with intent to kill, etc.; ac-
558 cessories. (NOTES.—Penalties for.)
559 l6, 29
563 forcible entry; punishment - - - - - - 16, 30
restitution, when - - - - - --------- 16, 31
497 horse-stealing, mayhem, bigamy, or ac-
cessory; punishment - - - - - - - - - 16, 32
82 mayhem, defined . . . . . . . . . . . . . . . . .16, 33
bigamy. (NOTE.-Construing “beyond
92 the seas”) ------------------. 16, 34
- perjury and subornation of perjury; pen-
93, 97 alty ---------- - - - - - - - - - - - - - - - y
perjury defined. Same at common law.
94 (NOTE.-Same, effect of conviction
of) -------------------------- 16, 36
96 subornation of perjury, defined. . .16, 37
convicted under sections 36 and 37, per-
96 sons disqualified as witnesses. 16, 38
forgery, counterfeiting, uttering, etc.;
97 penalty for. (NOTE.-Forgery at
Common law) - - - - - - - - - - - - - - - - 16, 39
99, 100 grand larceny; punishment. - - - - - l6, 40
457 larceny or destruction of bills, notes,
etc.; punishment - - - - - - - - - - - - 16, 41
stealing or injuring books, maps, etc., of
United States; punishment. -- 16, 42
receiving stolen property; punishment,
16, 43
156 petty larceny, and receiving; second
conviction for; punishment... 16, 44
156 larº from the person, a felony; pen-
alty---------------------- - * * * * -
156 attempt to commit larceny from the per.
son; penalty----------------- 16, 46
156 false pretenses; keeping a faro or gam-
156 ing table; penalty------------ 16, 47
157 accessory after the fact, in felonies;
157 penalty ---------------------. 16, 48
15 duels, challenging to fight; penalty,
57
duel sending challenge to fight; pen.
alty--------------------------
157 duels, assaulting, etc., for refusal to
158 fight; penalty---------------- 16, 51
158 duels, evasions of law by going out of
158 District ----------------------16, 52
158 duels, bar to proceedings, in what case,
16, 53
158 embezzlement of effects of District of
Columbia; penalty - - - - - - - - - - - l6, 54
159 embezzlement of effects of private citi-
zens; penalty ---------------- 16, 55
159 stealing, secreting, etc., of books, etc.,
property of District of Columbia;
159 penalty---------------------- 16, 56
secreting, removing, altering, etc., rec-
159 ords, books, etc., property of the
159 District of Columbia; penalty.16, 57
buying or receiving embezzled goods,
etc.--------------------------- 16, 58
159 petty larceny, receiving or buying chat-
159 tles knowing same to be stolen; pen-
160 alty--------------- - - - - - - - - - - - 16, 59
lottery tickets, sale of; penalty; inform-
160 er's share of penalty - - - - - ----- 16,60
contract of sale void - - - - - - - - - - - 16, 61
160 policy lottery; policy shop and sale of
- tickets, etc., prohibited; penalty,
16, 62
160 policy, permitting house to be used for;
160 penalty ---------------------- 16, 63
gift enterprises prohibited; repeal of act
161 of legislative assembly relating
thereto ---------------------- 16, 64
161 penalty for. -------------------. 16, 65
Creditors—Continued. :
and distributees of estates, meetings of,
l, 156
of estates may witness wills. . . . . . . 70, 6
may sue devisees - - - - - - - - - - - - - - - 70, 13
may not be defrauded by wills. 70,36,37
of foreign intestate, how paid when
lands escheat ---------------- 58, 38
may procure sale of decedent’s land,
may sell lands of person dying seized,
10, 53
of parties whose lands escheated,
lo, 54, 74
may sell lands of nonresident minors
for debts of deceased. - - - - - 10, 59, 61
may sell lands of nonresident deº
- 10, 7
may sell equitable title of decedent where
heirs unknown - - - - - - - - - - - - - - -‘10, 71
may sell lands of decedent debtor, in
hands of another-- - - - - - - - - - - - 10, 73
may sell equitable interest in lands,
LO, 78, 80, 81
may retake escaped prisoner - - - - - 55, 80
Criers of Court. (See Cap. 50.)
Crimes and Offenses :
penitentiary offenses. (No TI, S.–Com-
mon law offense where cognizable.
“IRansomed,” definition of; where
sentences to be executed) - - - - - 16, 1
capital crimes not specially provided for,
how punished.----------------- 16, 2
other crimes not provided for, how pun-
ished ------------------------- 16, 3
whipping abolished; other punishment
provided for ------------------ 16, 4
disorderly conduct, how punished. - 16, 5
expenses of criminal process- - - - - - - 16, 6
murder --------------------------- 16, 7
punishment of death to be by hanging,
y
murder, jurisdiction where injury in-
flicted in one district and death
occurs in another - - - - - - - - - - - - - 16, 9
mamslaughter - - - - - - - - - - - - - - - - - - - . 16, 10
how punished ---------------- - - 16, 11
provisos to preceding section - - - - - 16, 12
abortion, how punished - - - - - - - - - - 16, 13
aiders or assistants in, how punished,
16, 14
exemption in favor of regular physi-
cian ------------------------- 16, 15
penalty for selling abortion drugs,
druggists to register abortive prescrip-
tions--- - - - - - - - - - - - - - - - - - - - - - - 16, 17
punishment for selling, offering for
sale, or advertising abortives. 16, 18
coroner to analyze abortives - - - - 16, 19
offenders under previous seven sec-
tions, competent Witnesses against
each other-------------------- 16, 20
arson; punishment for - - - - - - - - - - - 16, 21
rape; punishment for ------------ 16, 22
assault with intent to commit; punish-
ment for. --. ----------------- 16. 23
carnal and unlawful knowledge of 'fe.
males under 16, to be felony. - 16, 24
adultery, how punished. (NOTES.—
Money fines completed. Tobacco
fines, how discharged) - - - - - - - 16, 25
depredations on houses; penalty... 16, 26
burglary and housebreaking; penalty,
16, 27
unlawful entries with intent to destroy
property, etc.; penalty. -- - - - - 16, 28
163
164
164
164
164
166
166
167
167
167
167
168
168
168
168
168
INDEX.
679
Page. Crimes and Offenses—Continued.
oleonhargarine, making and sale of regu-
168 lated; packages to be labeled. 16, 108
selling or possessing contrary to act;
168 penalty. Informers to get half pen-
alty ----------...------------ 16, 109
169 misdemeanor to sell, expose for sale,
- etc ------------------------- 16, 110
169 vehicles to keep to the right and main-
169 tain distance - - - - - - - - - - - - - - - - l6, 111
169 droppings from vehicles; penalty. 16, 112
169 bill posting regulated.----------- 16, 113
petroleum, storage regulated.---- lo, 114
erection of buildings, provisions for
169 safety. (NotE.—Regulation of ele-
Vators)---------------------- 16, 115
public lamps, use regulated. 16, 116, 117
170 raising false alarm of fire, in church,
theater, etc.; penalty - - - - - - - 16, 118
170 concealed Weapons, carrying of; penalty,
16, 119
notorious or professional thieves, etc.,
when arrested, how punished. (NotE.
—Vagrants, public prostitutes, etc.,
171 open profanity or indecent language,
etc.; how punished) - - - - - - - - - 16, 120
171 trespassing and damaging parks in front
of houses; penalty; owners of lots
171 privileged, etc. - - - - - - - - - - - - - - 16, 121
public parks, etc., injury to ; penalty,
172 16, 122
172 penalty for violation of sections 121, 122,
l6, 123
172 trespass upon public parks, etc.; pen-
alty------------------------- 16, 124
172 railroad trains, running of, regulated,
16, 125
fence across Tuong bridge - - - - - - - - 16, 126
172 railroads, obstruction of streets by ;
deposit of freight regulated... 16, 127
certain tracks to be fenced - - - - - - l6, 128
penalty for violation of sections 125–128,
172 l6, 129
173 speed of engines and cars regulated. Pro-
173 Viso as to tunnels. - - - - - - - - - - - l6, 130
warnings at crossings; penalty for fail-
173 Ulle - - - - - - - - - - - - - - - - - - - - - - - - - 16, 131
-. sidewalks encumbered by engines and
173 cars; penalty --------------- 16, 132
174. as to laying new track or altering grade;
174 penalty - - - - - - - - - - - - - - - - - - - - - 16, 133
to pave street between rails - - - - - 16, 134
174 how tracks shall be laid; space between
174 to be kept free of ice and snow. Pen-
alty for violation of sections--16, 135
174 to be notified of duties, etc. - - - - - l6, 136
Capitol grounds; use regulated. - 16, 137
174 obstruction of roads, etc. - - - - - - - - - 16, 138
sale of articles, etc. - - - - - - - - - - - - - 16, 139
174 injury to Statue, Seats, etc. - - - - - - 16, 140
loud, etc., language, etc --- - - - - - - 16, 141
174 parades and assemblages - - - - - - - - 16, 142
175 penalties for violation of this law - 16, 143
175 police and watchmen, duties of. - 16, 144
175 preservation of order. - - - - - - - - - - - 16, 145
national occasions, what permitted,
175 16, 146
175 who empowered to regulate under sec-
} tion 146--------------------- 16, 147
175 scale of prices to be posted in restau-
175 rants, Saloons, etc. ---------- 16, 148
176 penalties for violation. - - - - - - - - - - 16, 149
no discriminating between persons who
176 desire to buy or be waited upon on
account of color. . . . . . . . . . . . . 16, 150
176 regulating sales; posting of list of prices,
176 : etc ------------------------- 16, 151
Crimes and Offenses—Continued.
police court, appeal from, and final judg-
ment. (NOTE.—For later law.) 16, 66
enlistment of criminals; penalty for,
. 16, 67
officers of jail shall not take rewards,
etc.; penalty----------------- 16, 68
selling, etc., liquor to soldiers; Peº
69
}
by licensed vendors; penalty - - - - 16, 70
forfeiture of license. - - - - - - - - - - - - 16, 71
misprision of felony; penalty. -- 16, 72
rioters shall be suppressed and im-
prisoned. (NOTE.-As to powers of
Commissioners). -- - - - - - - - - - - .. 16, 73
they shall be arrested and prosecuted
as under the statute of forcible entry.
(NOTE.-For authorities). - - - - 16, 74
punishment of rioters who shall assist
in Suppressing riots. - - - - - - - - - 16, 75
obscene literature, etc., circulation of;
same as to medicine to prevent cor-
ruption or produce abortion; pen-
alty. (NOTE.-Posting bills of im-
moral character; penalty) - - - - 16, 76
injury to trees, Works of art, fences, etc.;
penalty ---------------------- 16, 77
trespass on land of another, etc.; penalty,
16, 78
trespass on improved or cultivated lands,
etc.; penalty----------------- 16, 79
injury to cemeteries; penalty - - - - - 16, 80
bottle for mineral, etc., waters, how .
rights of owners protected - - - - 16, 81
penalty for using, etc., marked bottles,
16, 82
travel over Bennings bridge regulated
and discharge of firearms thereon;
penalty---------------------- 16, 83
adulterated food, or drugs; manufacture
of food from diseased, etc.; matter
and sale thereof probibited; pen-
alty .
. adulteration of drugs; penalty. ... le, 85
exceptions as to liability for. - - - - - 16, 86
spurious food or drugs not to be sold;
penalty, proviso.-------------- 16, 87
compounded food and drugs, regulations
concerning; penalty - - - - - - - - - - l6, 88
food injuriously altered; penalty.16, 89
onus of proof on defendant, when -16, 90
impositions in sale of goods under war-
Tanty; penalty--------------- 16, 91
forgery, etc., of warranty; penalty.16, 92
false warranty, label, etc.; penalty,
* * * * * * * * * * * * * * * * * * * * * * * : * *
analysis of food, drugs, etc., regulated,
16, 94
analysis, purchaser entitled to have,
l6, 95
refusal to sell to officer, food or drugs;
penalty.--------------------- 16, 96
definition of “food,” “drugs” . . .16, 97
oleomargarine act not affected - - - - 16, 98
exempted articles, how known. - . 16, 99
ballast cast into harbor, etc.; penalty,
- 16, 100
obstructions of channels; penalty-ló, 101
boundaries, cutting down, etc.; pen-
alty------------------------ l6, 102
unlawfully setting up; penalty - 16, 103
as to prosecutions - - - - - - - - - - - - - 16, 104
tobacco plants, destruction of; penalty, ,
16, 105
blank writs, not to be delivered by
clerk; penalty-------------- 16, 106
Sabbath breaking; penalty. - - - - - 16, 107
Page.
I76
181
182
182
182
182
182
182
182
182
182
183
183
183
183
183
183
184
680
INDEX.
f
Crimes and Offenses—Continued.
list of prices to be filed, etc.; list to be
evidence; notice to file list. 16, 152
same room and prices for all guests; pro-
VISO - - - - - - - - - - - - - - - - - - - - - - - - - 16, 153
penalties imposed for violations of sec-
tions 148–153. -- - - - - - - - - - - - - - 16, 154
criminals convicted to serve additional .
term on running away. - - - - - - 16, 155
breaking prison; when felony -- 16, 156
priests and “clerks” exempt from arrest
during divine service- - - - - - - - 16, 157
penalty for arresting priests during di-
vine service----------------- 16, 158
keeping gaming table------------- 25, 1
inducing betting------------------ 25, 1
permitting gaming table to be set up and
used -------------------------- 25, 2
confidence game- - - - - - - - - - - - - - - - - - - 25, 3
three card monte, etc.- - - - - - - - - - - - - - 25, 3
pool selling, etc.-------------------
letting house for gambling purposes,
2
gaming contracts---------------- 25, 11
assaulting another on account of money
Won at play------------------ 25, 17
enticing female child to prostitution,
67, 4.
Criminals,
deemed pardoned when. - - - - - - - - - 55, 160
enlistment of -------------------- 16, 67
when convicted. penalty for escaping,
5
Criminal Courts,
special terms of.
Criminal process,
(See Cap. 35.)
expenses of.----------------------- 16, 6
Crops,
disposition of by executor - - - - - - - - - l, 77.
Cruelty to animals. (Sec Cap. 67.)
Custody, .
and maintenance of children of divorcees,
- - 30, 43
of children may be disposed of by will
or deed.-----------------------27, 1
Custodians, elc.,
of wills must deliver to register-- 70, 15
Page. Death—Continued.
after interlocutory judgment does not
184. abate action - - - - - - - - - - - - - - - - - - 55,82
of one or more plaintiffs or defendants
184. leaving cause of action in a survivor,
action does not abate. - - - - - - - - 55,84.
184 of party in interlocutory judgments, does
. Inot abate Suit, when - - - - - - - - - - 34, 15
185 of party to suit, not error in judgment,
185 - When ------------------------ 34, 11
of justice of peace, disposition of his
186 docket, etc.-------------------. 37, 1
punishment, what, how executed, place
186 of execution, who shall attend and
241 who may witness. (See Cap. 33.)
241 of parties to award, how suit affected,
241 of intestate, proof of before administra:
242 tion ---------------------------1, 41
242 of party not to abate suits in estates,
242 l, 92
Deaths,
242 to be reported to health officer. . . . 28, 10
243 | Debt and Money,
debt of District not to be increased;
245 penalty for violation of this section,
17, 1
540 commissioners of sinking fund abolished ;
Treasurer of United States to exer-
475 cise their duties - - - - - - - - - - - - - - - 17, 2 .
168 Treasurer's power to sell bonds to pay
judgments of Court of Claims, etc.,
185 * l'7,
may purchase funded debt of District
for sinking fund. --------, - - - - - 17, 4
retained money on contracts not to be
157 invested, except, etc - - - - - - - - - - 17, 5
18 certain bonds, etc., to be destroyed, etc.,
three-sixty-five bonds may be issued in
lieu of others - - - - - - - - - - - - - - - - - 17, 7
issuance of twenty-year 5 per cent bonds
277 to redeem funded debt; form of
bonds, etc.--------------------- 17, 8
252 sale of bonds and disposition of pro-
ceeds ------------------------- 17, 9
559 repeal clause -------------...----- 17, 10
issuance of said bonds; proviso, limit
of issue ---------------------- 17, 11
issuance of fifty year 3.65 bonds; such
bonds exempt from taxation; pay-
549 ment of interest on, secured; bords
550 to be numbered and registered;
471 frauds in issue of, prevented; to be
471 exchanged for other indebtedness
471 (see section 23 of this chapter.) - 17, 12
interest on said bonds payable by
450 Treasury. -------------------- 17, 13
additional certificates of indebtedness,
power to issue annulled; sewer cer-
tificates, further issue of, prohibited,
104. - ... l'7, 14
291 funding liabilities of city of Washing-
292 ton; issuance of bonds and taxation
for same; certain unsold bonds,
290 negotiation of: - - - - - - - - - - - - - - - 17, 15
appropriations for interest and sinking
346 fund; how deposited; balances, how
treated by Treasurer; interest on
appropriations for water supply, how
450 disbursed; duties of Treasurer as to
457 amount due United States - - - - 17, 16
eight per cent certificates and coupons
101 of all bonds paid, to be destroyed,
17, 17
J.59 interest of sinking-fund appropriation,
balances to be consolidated in Treas-
459 UTY - - - - - - - - - - - - - - - - - - - - - - - - - - 17, 18
Page.
459,
460.
290
289
309. ‘N
56.
12.
22
261
187
187
187
187
187
187
188.
188.
188
188.
188
• H}. {
Damages,
for taking lands for Washington Aque-
duct, how sued for . . . . . * * * * * * * 68, 52
suits for, limitation of. - - - - - - - - - 68, 53
of plaintiff in replevin - - - - - - - - - - - 55, 134
When things eloigned. - - - - - - - - - 55, 136
for detention in replevin - - - - - - - - 55, 137
recovered by person, in esse, when de-
prived of life tenure in lands. 55, 48
in landlord and tenant cases. (See Cap.
: ) () *
38.)
in waste. (See Cap. 38.)
on untrue suggestion- - - - - - - - - - - - - 10, 97
on dissolution of injunction, when -34, 22
on injunction -----------------... 34, 24
Date,
of judgments to be docketed. - - - - - 34, 16
Dealers,
in distilled liquors, license of. - - - - 40, 39
IXeuth,
presumption of, in actions by reversion-
“TS - - - - - - - - - - - - - - - - - - - - - - - - - - 55, 46
of parties does not abate action. .. 55, 81
of party not to abate (chancery) suit,
When ------------------------ 10,85
of arbitrators does not abate arbitra-
tion-------------------------- 55,82
of party between verdict and judgment
does uot abate action. . . . . . . . . 55,82
189
189
189
190
190.
190.
190,
INDEX.
681
Debt and Money—Continued.
improvement and repair act of the leg-
islative assembly, etc., approved,
- j
certificates of indebtedness of city of
Washington, certain of, to be used
only for payment of indebtedness
due June 6, 1871 - - - - - - - - - - - - - - 17, 20
penalty for violation of section 20 of this
chapter---------------------- 17, 21
amendment to section 12 of this chapter.
Registered bonds may be issued for
coupon bonds; the interest, where
payable---------------------- 17, 22
annual report of sinking fund- - - - 17, 23
sinking-fund bonds to be registered,
17, 24
revenues and appropriations to be
deposited in Treasury; how with-
drawn and accounted for - - - - - 17, 25.
money from sale of animals or other
property (except water department)
to be paid into Treasury; disposition
of same---------------------- 17, 26
money received for taxes not to be
diverted from legitimate objects,
17, 27
Debt,
devise for is valid - - - - - - - - - - - - - - - - 70, 39
in actions of, payment pleaded in bar,
- - 5
persons not held to bail in actions on,
- 55, 56 .
of District not to be increased.----. 17, 1
of District, funded, bonds to issue to
redeem -------------------- - - - - 17, 8
Debtors,
absconded, attachment against .. 55, 112
Debts, i
due deceased shall be assets - - - - - - - 1, 83
due by estates to be examined by court,
1, 128
paid before distribution - - - - - - -----1, 130
Decree, -
effectual as conveyance, when - - - - 10, 34
how enforced--------------------- 10, 44
Declaration,
in replewin --------------------- 55, 127
Leeds,
proof of ---------------------- 20, 33, 34
and other instruments of Writing to take
effect, when. (See Cap. 59.) -
for conveyance of real property, how to
be acknowledged; before whom ; rec-
ord of; effect of. (See Cap. 58.) . .
of real property to religious Societies,
etc., when Valid - - - - - - - - - - - - - - 58, 20
of gift to be construed according to in-
tent of grantor - - - - - - - - - - - - - - - 58, 34
and assignments by forcible entrymen,
void , 2
power of court to order record of... 10, 32
JDéfault,
judgment by in suits on open account,
Page.
190
191
191
191
191
191
191
192
564
449
452
187
188
467
493
J.96
319
84.
55, 16
in records, when amended - - - - - - - - 55, 95
Defendant, -
garnisluee in attachment may plead for,
55, 114
may exhibit interrogatories to plaintiff,
effect of.--------------------- 10, 40
in criminal libel, when acquitted, if libel
true - - - - - - - - - - - - - - - - - - - - - - - - 55, 158
poor, in criminal cases may procure wit-
nesses (mole to Sec. 1) . . . . . . . . . . . . 7I.
Witnesses in criminal cases. - - - - - - 55, 155
nonresident, proceedings after service of
Sll lllll) Oll S - - - - - - - - - - - - - - - - * * * * * * 10, 87
444
462
Defendant—Continued.
not served, proceedings against. 10, 9–10
in trover and detinue to give bail. .. 55, 57
Defenses,
to actions, several may be pleaded. 55, 35
JDéfects,
in Writs, judgment on demurrer. - .55, 36
cured after verdict, by judgment. - 55, 37
Lefective record,
by mistake of clerk, amended - - - - - 55,88
Défect,
in form and substance, when verdict or
judgment shall not be stayed for,
55, 99
if not material, when not to be regarded
in giving judgment ------. 34, 1, 3, 5
Definitions, -
of gender and persons - - - - - - - - - - - - 40, 62
of terms, viz, number, gender, insane
person, officer, and oath. -----. 39, 5
of Vessel - - - - - - - - - ----------------- 39, 6
of vehicle.------------------------- 39, 7
of company or association. . . . . . . . . 39, 8
Degrees,
of kindred and affinity within which
marriage is prohibited- - - - - - - - - 30, 2
of inheritors of lands from intestate-18, 3
Delegate,
to Congress, office abolished. - - - - - 19, 14
Delinquent Taaces,
on personal property to be published,
65, 77
Demwy'rer, d
judgment on, regardless of defects in
Writ ------------------ ------- 55, 36
joined, judgment without regard to de-
fects ------------------------- 55, 96
Dentists, - .
registry of.---------------- * = * * * * -- 28, 1
Depositions, -
de bene esse. Note to sec. 19 (see also
Cap. 30)------------------------- 7I
under dedimus. Note to sec. 19 (see also
Cap. 30)------------------------. 7I.
in perpetuam. Note to sec. 19 (see also
Cap. 30)------------------------. 7I
when competent to prove will - - - - 70, 35
of seafaring men. (See Cap. 30.)
Deposit, -
of litter, etc., in streets, etc. - - - - - - 19, 66
Depredations,
on houses - - - - - - -, - - - - - - - - - - - - - - - - - l6, 26
| Descents,
how lands shall descend; order of de-
scent. (For distribution of person-
alty of intestates, see Administra-
tion, ante).----------------- - - - - 18, 1
no right in lands, etc., shall vest except
in children; posthumous children,
18, 2
what persons shall be considered in same
degree, etc.-------------------. 18, 3
advancements to heirs by intestates, how
treated; hotchpot. - - - - - - - - - - - - 18, 4
entails, dower right, etc., not to be
affected, etc. -- - - - - - - - - - - - - - - - - 18, 5
children legitimized by parents’ marriage
and father's acknowledgment capa-
ble off inheriting, etc. - - - - - - - - - - l6, 6
issue of colored persons married accord-
ing to customs prevailing at time
and place of marriage may take and
transmit property by inheritance,
etc., as legitimate. - - - - - - - - - - - - 18, 7
foregoing section to take effect from
bassage - - - - - - - - - - - - - - - - - - - - - - - 18, 8
posthumous children may take estates,
- 18, 9
Page.
76, 77
452.
447
447
.148.
460.
338.
271
194-
199)
I94.
194
194.
194
682
INDEX.
I)escents—Continued.
proviso to preceding section as to mar-
riage or other settlements. ---- 18, 10
descents shall not bar right of entry,
unless disseizor had possession five
Yeal'S - - - - - - - - - - - - - - - - - - - - - - - - 18, 11
of children of certain colored marriages,
30, 21, 22
JDesigmation, ... "
of schools for children regulated.--57, 11
of justices to hold special terms -- 35, 15
of penitentiary by Attorney-General,
- 53, 45
Destruction,
altering or secreting wills punished,
14
of certain bonds - - - - - - - - - - - - - - - - 17, 6, 17
of bills, notes, etc - - - - - - - - - - - - - - - - 16, 41
of property, intent, etc. --- - - - - - - - 16, 28
Detention,
of witnesses in criminal cases, when,
71, 13
I)evise,
of land must be in Writing - - - - - - - - - 70, 4
valid in pursuance of marriage contract,
- 70, 39
for churches, clergy, etc. - - - - - - - ... 70, 10
bars dower, unless, etc. - - - - - - - - - - - l, 157
Void, does not bar dower.-- - - - - - - - l, 161
I)evisee,
liable as heir. -----------* * * * * * * * * * 70, 42
may be sued by creditors of estates. 70, 13
and heir jointly liable. - - - - - - - - - - - 70, 38
Devastavit, -
lies against executors, when - - - - - - 1, 180
Dilatory plea,
must be Verified - - - - - - - - - - - - - - - - - - 55, 45
Diphtheria,
prevention of spread of. - - - - - - - - - - 28, 1
Disbursement,
by executors and administrators, order
of------------------ ---------- l, 125
of moneys by Commissioners, on war-
ants ------------------------- 19, 42
Discharge,
of attached property. - - - - - - - - - - - 55, 103
of poor convicts----------------- 55, 163
..I)iscrimination,
between guests, etc., on account of color,
16, 150
Liseases,
prevention of. -------------------- 28, 12
. Diseased matter,
making of food from - - - - - - - - - - - - - 16, 84
Disqualification, - ,- .
by reason of crime, etc., for holding
OTDC8 - - - - - - - - - - - - - - - - - - - - - - - - - 19, 12
Disinfection,
of vehicles, etc. ------------------ 28, 16
of rooms where infected persons have
been ------------------------- 28, 17
Lisorderly Conduct,
how punished --------------------- 16, 5
Distillers,
license of. ------------------------ 40, 38
JDistrict of Columbia,
Congress to exercise exclusive legislation
for the District of Columbia. - . 19, 1
territorial area of (NOTE.-Organic
acts 1874 and 1878) - - - - - - - - - - - -19, 2
territory named - - - - - - - - - - - - - - - - - - - 19, 3
permanent seat of the Government of the
United States-- - - - - - - - - - - - - - - - 19, 4
created a government and constituted a
body corporate for municipal pur-
poses; powers of, etc - - - - - - - - - - 19, 5
J)roperty and persons in, subject to exist-
ing laws.--------------------- 19, 6
Page. District of Columbia—Continued.
a municipal corporation; the Commis-
195 sioners officers thereof; existing laws
continued. -------------...----- 19, 7
former cities of Washington and George-
195 town to continue to be known as
such -------------------------- 19,8
27.1 charters of Washington and Georgetown
and powers of Tevy court continued
484 for certain purposes. - - - - - - - - - - 19, 9
294 the District, the successor of the former
Corporations - - - - - - - - - - - -'• - - - - 19, 10
433 public offices attached to seat of govern-
ment to be exercised in the District,
and not elsewhere, etc. - - - - - - - 19, 11
559 disqualification for crime, etc., for hold-
7, 190 ing office--------------------- 19, 12
164 register of wills, recorder of deeds, attor-
161 ney, and marshal, offices and duties
of, remain, etc --------------. 19, 13
executive, legislative assembly, board
567 of public works, and delegate abol-
ished ----------------------- 19, 14
57 three Commissioners; appointment and
powers of . ------------------- 19, 15
564 Engineer Commissioner, duties of, lim-
559 ited -------------------------19, 16
35 assistants to Engineer Commissioner,
36 - 19, 17
Engineer Commissioner's compensation,
565 19, 18
559 civil Commissioners, qualifications of,
563 19, 19
- their oath of office, salary, and bond.
41 Board of Commissioners, its presi-
dent, how and when chosen ... 19, 20
450 their term of office. (NOTE.—Unex-
pired terms)----------------. 19, 21
260 process against District, on whom to be
served ----------------------- 19, 22
sureties on bonds, who prohibited,
29 19, 23
powers and property vested in the Com-
203 missioners ------------------- 19, 24
powers and authority of governor and
464 board of public works wested in Com-
475 missioners; also powers over reve-
Inues; also authorized to take pos-
session of books, credits, etc., of
184 District---------------------- 19, 25
executive power is vested in the Commis-
262 Sioners. (NOTE.—Pardons and res-
pites)------------------------ 19, 26
172 Commissioners may pardon and respite
for offenses commmitted against laws
enacted by legislative assembly.
199 Comunissioners shall commission all
officers, etc ------------------ 19, 27
263 Commissioners' powers as to water serv-
ice--------------------------- 19, 28
263 restricted from making contracts or
incurring liability on account of
156 United States, except under appro-
priations -------------------- l9, 29
346 all contracts of Commissioners to be in
Writing, etc., and be filed in office of
Secretary - - - - - - - - - - - - - - - - - - - - 19, 30
198 contracts not to be made until money
be appropriated for - - - - - - - - - - 19, 31
198 contracts in which Commissioners are
198 interested, void; payment on them
Prohibited - - - - - - - - - - - - - - - - - - - 19, 32
198 contracts for rent of buildings not to be
made without previous appropria-
tion by Congress. ----. ------- 19, 33
198 contracts for removal of garbage, length
of, etc ----------------------- 9, 34
198 insurance of property regulated. . 19, 35
Page.
198
198
199
199
199
199
199
200
200
200
200
201
201
201
202
202
202
202
INDEX. -*
683
District of Columbia—Continued.
Commissioners, further powers and duties
of; application of revenues---l9, 36
Commissioners may locate hack Stands,
etc. Penalty for violation of this
power -----------------------19, 37
Commissioners may reduce, adjust, and
equalize Salaries - - - - - - - - - - - - - l
Commissioners may abolish or consoli-
date offices - - - - - - - - - - - - - - - - - - 19, 39
Commissioners may fix pay of Metropol-
itan police, and price of lighting
city lamps. District to pay expenses
of health office, Metropolitan police,
and lighting city lamps. - - - - - 19, 40
Commissioners to control repairs of
Streets, sewers, etc. - - - - - - - - - - 19, 41
Commissioners to disburse on warrant,
all moueys, etc. - - - - - - -‘- - - - - - - 19, 42
Coummissioners to erect and maintain
lamps, etc., outside city limits. 19, 43
Commissioners to submit annual esti-
mates of work proposed to be done,
etc -------------------------- 19, 44
as to water department expenses. 19, 45
how transmitted to Congress. . . . 19, 46
approval of estimate by Secretary of
the Treasury and their transmission
to Congress ------------------ 19, 47
50 per cent of approved estimates, to
be appropriated by Congress and
other half to be raised by taxation,
a' 19, 48
Commissioners to expend appropriations
for contingent expenses and account
for same and report to Congress 19, 49
Commissioners to report official acts to
Congress annually - - - - - - - - - - - - 19, 50
Commissioners to pay temporary over-
seers, etc., of certain works and in-
clude same in annual report... 19, 51
charities, asylums., etc., to report annu-
ally to Commissioners, who shall
transmit same to Congress, etc.19, 52
accounts of Commissioners and other
officers to be settled by accounting
officers of U. S. Treasury - - - - - 19, 53
to be rendered monthly - - - - - - - - 19, 54
repairs of Streets, alleys, etc., and laying
of pavements; notice to be given in
certain newspapers; proposals, how
accepted; rights of Commissioners
as to bids. (NOTE.—Permit work,
etc.) - - - - - - • * * * * * * * * * * * * - - - - - - - 19, 55
contracts for, how entered into and
preserved. - - - - - - - - - - - - - - - - - - - 19, 56
bond required of contractor; retention
of parts of contract price; provisions
as to laying pavements. --- - - - 19, 57
costs of laying pavements, sewers, etc.,
how paid, and by whom. - - - - - 19, 58
when railways refuse to pave between
tracks, etc.; duties of the Commis-
sioners in relation thereto - - - - 19, 59
when railways cross streets, etc.; costs
of and grade regulated. - - - - - - 19, 60
Commissioners’ duties as to laying water
and gas mains, and direct laying and
replacing gas mains by Washington
Gas Light Company. - - - - - - - - - 19, 61
police and school boards abolished;
transfer of their duties and authority
to Commissioners. - - - - - - - - - - - 19, 62
Commissioners to make building regula-
tions------------------------- 19, 63
Page.
204
205
205
205
206
206
Page.
207
209
209
209
building regulations and for sale of coal
When made by Commissioners, effect
of --------------------------- 19, 64
District of Columbia—Continued.
Commissioners to make rules for im-
pounding domestic animals - - - 19, 65
Commissioners to make, modify, and
enforce police regulations as to
pawnbrokers; junk dealers; second-
hand clothing dealers; storage of
inflammable substances; Street
vendors; carriage stands; hack
charges; driving of animals through
streets, etc.; dogs and fowls running
at large; deposits of litter, etc.,
on streets; noises and fireworks;
passage of vehicles on Streets; and
prescribe penalties for their viola-
tion-------------------------- 19,66
rules and regulations made under pre-
ceding section to be published. 19, 67
Commissioners empowered to make regu-
lations as to construction, repair,
and operation of elevators, etc.19, 68
penalty for refusing to conform to such
regulations ------------------ 19, 69
Commissioners not to permit telegraph,
telephone, and electric light wires to
be put on or over streets, etc.; to
report to Congress about removal of
existing wires; may permit laying of
same under Streets, etc - - - - - - - 19, 70
may authorize putting wires under
ground --------------- - - - - - - - 19, 71
Commissioners to investigate and report
on contracts for lighting by gas and
electricity, and invite proposals,
e l9,72
District buildings; United States not lia-
ble for erection of or site for, and no
land or use thereof is granted, otc.,
19, 73
condemned property to be sold at auc-
tion, etc., and proceeds covered into
Treasury--------------------- 91, 74
oath of civil officers of District -- . 19, 75
District offices created: Collector of
taxes; auditor; his chief clerk;
inspector and tapper of water mains;
attorney; assistant attorney; Sur-
veyor; market masters; superintend—
ents of public schools, fire depart-
ment, fire-alarm telegraph; Sealers
of weights and measures; inspec-
tors of provisions, wood, coal, lum-
ber, liquors, feed; harbor-master;
Washington Asylum; trustees of
poor; superintendent of Sweeps;
officers of burial grounds; Secretary
to Commissioners; trustees of Cor-
coran charity, and such other officers
as may be necessary, etc - - - - 19, 76
attorney for district, his duties and
pay - - - - - - - - - - - - - - - - - - - - - - - - - - 19, 77
assistant attorney, his duties and §
19, 7
may administer oaths - - - - - - - - - - 19, 79
auditor's duties, bond and salary. . 19, 80
chief clerk of, his duties and salary
and bond--------------------- 19,81
market masters, their duties and salary,
- 19, 82
superintendent of meters, additional pay
for, but salary limited- - - - - - - - 19,83
duties, pay, and liabilities of certain offi-
Cel'S - - - - - - - - - - - - - - - - - - - - - - - - - 19, 84
no person to be appointed to office who
is not a resident - - - - - - - - - - - - - - 19, 85
officers of district to take and subscribe
oath, etc.; same to be certified and
recorded. ----------. ---------- 19,86
209
210
210
684
INDEX.
District of Columbia—Continued.
all bonds of officers to be filed with the
Secretary--------------------- 19, 87
seal of the District, design for . . . . 19, 88
custody of seal- - - - - - - - - - ------- 19,89
use of design for seal authorized. 19,90
police laws extended to Capitol Square,
19, 91
time, Standard of. - - - - - - - - - - - - - - - - 19,92
fiscal year to commence July 1 of each
’981 - - - - - - - - - - - - - - - - - - - - - - - - 19, 93
Y
leap year, 29th of February, shall be
counted with 28th, and accounted
one day ---------------------- 19,94
created a body corporate, etc.; powers
of. ---------------------------- 19, 5.
•. tº - ; º y
is successor of former corporations. 19, 10
District Attorney,
appointment, oath, bond, duties, pay,
º etc., and accounts. (See Cap. 50.)
District Court,
of Supreme court, jurisdiction of, as,
. A 35, 21
dismissal of policemen and other officers
of District - - - - - - - - - - - - - - - - - - - 19, 39
Distress (distraint), .
shall not be driven out of the county,
38, 17
generally. (See Cap. 38.)
for delinquent taxes on personal prop-
erty-------- - - - - - - - - - - - - - - - - - - 65, 44
Distribution,
of rents due lunatics - - - - - - - - - - - - -38, 76
of estates. (See Cap. 1.)
Distributees, -
of estates, meetings of. - - - - - - - - - - - 1, 156
Divorce,
jurisdiction of court in - - - - - - - - - - 35, 27
causes for; proceedings in; effect on is-
sue; rights of wife, etc. (See Cap. 30.)
Docketing, w
in clerk’s office of judgments of justices
of peace---------------------- 37, 35
Dockets,
of justices of peace, when to be deliv-
ered to clerk ------------------ 37, 2
Dogs, etc, - -
running at large------------------ 19, 66
for laws relating to tax tags, etc. (See
Cap. 3.) -
Domestic Animals, -
for ordinances as to. (See Cap. 3.)
rules for impounding. - - - - - - - - - - - - 19, 65
Domalioms,
for colored schools to be reported to
Commissioners.--------------- 57, 12
1)ower,
in intestate lands, rights of widow on
partition and sale. (See: Cap, 57.)
judgment in cases of, Inot to be stayed,
unless bond be executed. - - - - - - 34, 9
how affected by divorce and adultery.
(See Cap, 30.)
Fight not to be affected by entail, etc. 18, 5
Widow's right of- - - - - - - - - - - - - - - - - - l, 164
widow mily recover damages by writ
of ---------------------------- l, 166
writ of, plea by tenant in - - - - - - - - , l, 167
barred by elopement - - - - - - - - - - - - - - 1, 165
writ of entry upon alienation of . . . 1, 168
alienation of, When void - - - - - - - - - - l, 171
barred by jointure or settlement before
marriage --------------------- 1, 172
and jointure before marriage, a woman
shall not have both - - - - - - - - - - - 1, 173
Tecovered, jointure ceases. - - - - - - - - l, 174
dower tenants’ remedies . . . . . . . . . . 1, 169
Page. Drawbacks,
for reductions on special, assessments,
212 65, 69
212 Droppings,
212 from vehicles-------------------- 16, 112
212 || Druggists, * .
to register abortive prescriptions-ló, 17
212 | Drugs, -
212 abortive, to be analyzed by coroner. 14, 1
| adulteration of------------------- 16,84
212 analysis of.-------------. .* * * * * * * * * l6, 94
definition of.-------.... * * * * * * * * * *º ge 16, 97
Drunkards’ Property,
212 control of (See Cap. 10).
Dwels,
198 challenges to fight--------------.. 16, 49
199 sending challenges. ------ - - - - - - - - - 16, 50
assault for refusing to fight - - - - - - - - 16, 51
evasions of law of... . . . . . . . . . . . . .16, 52
Duties, t
of janitors of public schools - - - - - - 57, 34
of Commissioners in relation to con-
295 tagious diseases of animals -- - -28, 18
of district attorney to same sub-
202 ject.-------------------------- 28, 19
E.
318 Earnings,
exemption of.-------------------- 21, 15
Eastern Branch, * -
528 bridge --------------------------- 29, 26
Education, i §
336 of colored children. ... -- - - - - - - - - - - 57, 10
Educational Societies,
how incorporated; corporate powers;
35 election of officers; power over real
estate; surrender of powers, etc.
297 (See Cap. 15.) - -
Iºffect, .
of recorded deed to lands as against
Creditors ---------------------- 58, 9
of title bonds or contracts of sale of
312 land; when may be recorded; ef-
fect as notice to subsequent pur-
chasers----------------------- 58, 11
309 of escheat on rights of creditors of intes-
tates------------------------- 58, 38
207 of alcoholic drinks and narcotics on hu-
man system to be studied in public
schools. ---------------------- 57, 31
of decree, as Conveyance - - - - - - - - - - 10, 34
of record of certain deeds. - - - - - - -lo, 64
207 | Ejectment. (See Cap. 38.) .
When restrained. - - - - - - - - - - - - - - - - - 38, 47
against tenant, landlord may become
484 barty------------------------ 38, 62
in suits of, no stay without bond exe-
cuted ------------------------- 34, 9
same subject, exceptions in favor of ad-
- ministrators and executors - - - -34, 10
289 when minor not obliged to defend-27, 54
surveyor to return plats, etc. . . . . . 55, 118
Electric light, etc.
194. Wires in Streets, etc - - - - - - - - - - - - - - 19, 70
36 wires, when may be run underground,
19, 71
36 Elevators,
37 rules and regulations as to construction,
36 repair, and operation of. - - - - - 19, 68
37 | Eligibility, -r -
38 of persons to hold office - - - - - - - - - - 19,85
Jºlisors,
, 39 appointment of.------------------ 21, 11
powers, duties, etc., of.----------. 21, 12
39 fi. fa. may be directed to - - - - - - - --. 21, 11
40 Embezzled goods,
37 purchase or receipt of.------------ 16, 58
491
INDEX.
I’mbezzlement,
of effects of District of Columbia. 16, 54
of effects of private persons - - - - - - 16, 55
I'migrants,
T'age. E8cape Warrant—Continued.
166 may be executed on Sunday - - - - - - - 55, 76
166 Escheat, -
of lands of intestates. . . . . . . . . . . . -58, 38
44 of property of intestate, when. (See
44 Jºstates of Intestates, post.)
Escheated lands,
; Creditors to be paid out of proceeds.10, 54
f estates, disputes as to - - - - - - - - - - - - 10, 57
45 after death of person seized, creditors
- entitled to fund pro rata. -----10, 74
45 purchasers under decree - - - - - - - - LO, 76
3) claims against, enforced . . . . . . . . 10, 93
Jºstates,
512 for life. (See Life Estates, post.)
of children, accounts of guardian; man
agement of; Sale of; succession to ;
408 appraisement of; waste of. (See
Cap. 27.)
4.09 Cap. 2/
of deceased person, when may be sold
by trustee. ------------------- 10, 25
When creditor may sell- - - - - - - - - - - - 10, 26
of minors and lunatics, management of,
10, 27
mortgaged, foreclosure of. - - - - 10, 22
suits on disputed or rejected claims, when
to be brought. - - - - - - - - - - - - - - - l, 104
269 claims against, payable when . . . . .1, 108
200 claims of nonresident against, how
200 proven, etc.----------- l, 118, 119, 120
200 of intestates, who may administer (see
Cap. 1) --------- , is . * * * * * * * * * * *s l, 49–65
168 inventory of collector - - - - - - - - - - - - 1, 74
additional inventory of collector. 1, 75
194. inventory of collector may be adopted
by executors. -- - - - - - - - - - - - - - - - .1, 76
540 when relatives may administer -- . 1, 46
- distribution of, and to whom distrib-
uted --------------------- l, 136–155
330 (wife) when choses in action belong to
husband----------------------- 1, 47
bond of executor not to exceed double
161 Value of.----------------------- y
foreign executors and administrators
262 Jnay Sue, etc.---------- - - - - - - - - - - 1, 7
Estimates, -
523 for expenses of District approved, 50 per
cent of, to be paid by United States,
442 t 65, 19
for proposed work, how made, approved
245 and contracted for - . 19, 44, 45,46, 47
of expenses of District, to be made, ap-
proved and appropriated for - . 19, 48
74 Evidence,
mode of proof in actions at law.
(NOTE.—Proof in equity; letters
96 rogatory; proof by commission.)
97 20, 1
99 depositions de bene esse - - - - - - - - - - - - 20, 2
100 mode of taking-- - - - - - - - - - - - - - - - - 20, 3
transmission of.----. . . . . . . . . . ... 20, 4
99 under dedimus, in perpetuam - - - - - - 20, 5
in perpétitam - - - - - - - - - - - - - - - - - - - - 20, 6
4.62 of seafaring men; how obtained; effect
of----------------------------- 20, 7
178 taken under sections 6 and 7 may be
read, if witness be dead.-- - - - - - 20
463 not to extend to boundaries of land,
20, 9
534. exceptions --------------------- 20, 10
notice to take. ----------------- 20, 11
185 certificate of judge - - - - - - - - - - - - - 20, 12
e Commission may issue - - - - - - - - - - 20, 13
454, 455 &m perpetuam; When admissible... 20, 14
457 how taken under dedimus - - - - - - - 20, 15
- subpoena duces lecum under dedimus,
456 .
y
Page.
456
O
497
contracts for labor of, prohibited. . . . 2, 6
such contracts when Void. - - - - - - - - - -2, 7
masters of vessels not to bring emi-
grant labor, when . -
s sº as as sº s ºs s º is sº tº ºr sº
N y ;
proliibited persons to be returned. 2, 14-17
prohibited persons not permitted to
land. -------------------------- 2, 12
exemptions from operation of emigrant
act ---------------------------- 2, 10
I’mploying, -
of nonlicensed steam engineers, penalty,
- 63, 6
Dmployés,
of foreign ministers, when not exempt
from process - - - - - - - - - - - - - - - - - 50, 56
their names must be listed. - - - - - 50, 57
Engine, -
house sites, how condemned and ac-
- quired (see Cap. 57).
Engineers,
(steam) their examination, license, etc.
(see Cap. 63).
I'mgimeer Commission,
of the District, duties of, as to roads and
bridges ---------------------- 29, 26
his duties limited - - - - - - - - - - - - - - - - 19, 16
his assistants.--------------------- 19, 17
his compensation. ---------------- 19, 18
I'm listment,
of criminals---------------------- 16,67
JEmtails,
not to affect dower right, when - - - - 18, 5
Jºmticing,
female child to prostitution, etc - - - 67, 4
Intry, -
by landlord into premises where fraudu-
lently carried-off goods are. --38, 56
Entries, - -
with intent to destroy property unlaw-
ful--------------------------- 16, 28
Bpidemict, etc., -
regulations concerning - - - - - - - - - - - 28, 12
Equalization,
of assessments on real property - - -65, 28
Jºquity,
suits, where heard - - - - - - - - - - - - - - - - 55, 1
will grant relief for money won at gam-
Illg - - - - - - - - - - - - - - - - - - - - - - - - - - j
evidence in. (See Cap. 30.)
I'quitable Jurisdiction,
of court--------------------------- 10, 1
Equitable Title,
in lands may be sold to pay debts of
decedent --------------------- 10, 71
sold under decree, passes - - - - - - - - - 10, 72
to land may be sold - - - - - - -------- 10, 80
of deceased debtor may be sold. ... 10, 81
Jºquitable Interest,
in land, decree for creditors - - - - - - IO, 78
Jºrasures,
in judgments, etc., not fatal - - - - - - 55, 92
I'vection, .
of buildings, Safety, etc - - - - - - - - - l6, 115
Jörror,
writs of, amended. - - - - - - - - - - - - - - - 55, 99
in computing taxes, sales not to be void
for--------------------------- 65, 72
Jºscape of Prisomers,
liability, etc -------------------- 16, 155
Jºscaped Prisoners,
Who liable for, etc. - - - - - - - - - - - - 55, 69,70
may be retaken by creditor . . . . . . . 55, 80
Jºscape Warrant,
how obtained - - - - - - - - - - - - - - - - - - - - - 55, 75
92
94.
97
103
82
82
83
81
25
26
14–16
686
INT).E.X.
Jºvidence—Continued.
attendance of Witnesses under dedimus,
Q j
copies of Department records and pa-
PCTS : - - - - - - - - - - - - - - - - - - - - - - - - - 20, 18
same, in office of Solicitor of Treasury,
20, 19
instruments and papers of Comptroller
of Currency-----. ------------ 20, 20
organization papers of national banks,
- 20, 21
transcripts of books, etc., in Treasury De-
partment, in suits against delill-
quents ----------------------- 20, 22
when original records lost or destroyed,
20, 23
Same subject - - - - - - - - - - - - - - - - - - - 20, 24
authentication of acts of legislature and
t proof of judicial acts - - - - - - - - - 20, 25
proof of records, etc., kept in offices not
pertaining to courts - - - - - - - - - -20, 26
copies of foreign records, etc., relating to
land titles in United States - - -20, 27
testimony of witnesses before Congress,
not admissible in evidence against
them in criminal prosecutions-20, 28
pleadings, disclosures, etc., judioially ob-
tained not to be used against witness
or party ; exemption not to extend
to cases of perjury - - - - - - - - - - - - 20, 29
production of books, etc - - - - - - - - - - 20, 30
production of books, etc., in actions at
law -------------------------- 20, 31
exemplifications; when good - - - - -20, 32
proof of deeds-------------------- 20, 33
y
proof of execution of deed, will, bond, bill,
or instrument by oath of subscrib-
ing witnesses; attestation thereof;
in case of death of witnesses; pro-
Visos------------------------- 20, 34
when attested copy of will is - - - - - 70, 17
when record of will is - - - - - - - - - - - - 70, 18
depositions to take proof of Wills, etc.,
- 70, 26
of deeds, by record and copy - - - - - 58, 26
in actions for escape of prisoners- 55, 79
of truth of libel, under general issue,
55, 158
as to marriage ------------------- 30, 18
in foreign countries - - - - - - - - - - - - 30, 19
allowance for taking - - - - - - - - - 10, 36, 37
may be taken by one person -- 10, 82, 92
JExaminers of Steam Engineers,
Page. Eacecutions—Continued.
lands liable to sale on execution . . .21, 2
217 personalty distrained shall not be im-
- pounded in several places - - - - -21, 3
217 the order of satisfaction of executions,
2l. 4
217 no execution shall be stayed unless bond
be given. lºor stay of execution, see
217 “Judgments,” post. Where execu-
tion stayed by injunction, see
217 “Chancery ''. - - - - - - - - - - - - - - - - - 21, 5
on return of execution on forfeited re-
cognizance, defendant may plead,
217 etc.---------------------------- 21, 6
liability of marshal for failure to make
218 returns - - - - - - - - - - - - - - - - - - - - - - - 21, 7
218 liability of marshal and coroner for fail-
ure to return original writ, etc. 21, 8
218 when rights of original plaintiff enure
to Sheriff, etc. - - - - - - - - - - - - - - - - 21, 9
219 court shall order return of writ, unless,
etc.-------------------------- 21, 10 .
219 clerk may direct writ to elisor, etc. Ap-
poilltment of elisor. - - - - - - - - - - 21, 11
elisor's powers, duties, and fees; addi-
219 tional elisor. ----------------- 21, 12
exemptions of property from attachment,
distraint or execution, in favor of
. head of family or householder-21, 13
219 wife of debtor must sign conveyance of
219 exempted articles - - - - - - - - - - - - 21, 14
- earnings, not exceeding $100, of resi-
220 dents of District of Columbia, ex-
220 empt from levy, execution, etc. Re-
220 peal of inconsistent acts or parts,
- 21, 15
wearing apparel of deceased persons ex-
empt from appraisement and sale,
2
220 judgment debtor for personal debt or as
560 executor or administrator, may show
560 chattels, etc., on execution issued to
be appraised and delivered to credit-
561 or and credited on judgment... 21, 17
495 appraisers (under preceding section) in
457 case of seizure of goods of nonresi-
dents ------------------------ 21, 18
475 restrictions on levy on plate or jewels of
274. orphans, When - - - - - - - - - - - - - - - 21, 19
274 on bail bond - - - - - - - - - - - - - - - - - - - - - 55, 64
86 of sentence may be postponed - - - 55, 162
100, 103 levied, rent must be first satisfied. 38, 41
when returnable to justices of the peace,
511 37, 15
. returnable to justices of the peace
511 when issued on copy of judgment,
85 37, 33
on judgment upon verdict before justice
of peace- - - - - - - - - - - - - - - - - - - - - - 37, 30
512 when stay not allowed by justice of
442 P08:06 - - - - - - - - - - - - - - - - - - - - - - - -
442 when may issue by justice of peace. 37, 31
on supersedeas before justice of peace,
65 - 37, 39
66 property subject to, before justice of
peace ------------------------ 37, 32
when no stay, etc., before justice of
peace - - - - - - - - - - - - - - - - - - - - -37, 36, 38
plaintiff’s receipt to satisfy judgment
201 or execution. - - - - - - - - - - - - - - - - - 37, 34
upon docketed judgments of justice of
Pea C6 - - - - - - - - - - - - - - - - - - - - - - - - 37, 35
y by administrators de bomis mom on judg-
ments in favor of administrators and
executors -------------------- 34, 12
how enforced (chancery) . . . . . . . . . 10, 44
222 of criminals ----------------------- 16, 8
325
board of -------------------------- 63, 2
Eacamination,
of Steam engineers, rules for - - - - - - - 63, 2
of witnesses who may be present. .10, 35
Eacceptions, -
to employment of nonlicensed steam
engineers--------------------- 63, 7
how taken änd settled. -- - - - - - - - - - - 55, 4
to plea to be sealed by judge. . . . . . 55, 5
Eacchange,
protest of bills of. - - - -... • - - - - - - - - - - 8, 1, 2
lost bill of.------------------------- 8, 3
Jºrcused,
from jury duty, who may be. (See Cap.
36.)
Jºcocutive Power,
vested Commissioners of District. - 19, 26
lºrecutions,
fieri facias or other writ of execution
shall bind from date of delivery to
officer. “Sheriff,” used as referring
to “marshal.” Stay of execution
and supersedeas. Death of marshal
after levy or sale. -- - - - - - - - - - - - 21, 1
31()
INDEX. w
Eacecutor, Page. Eacecutors—Continued.
or propounder of will may be examined, partial distribution, when - - - - - - - - 1, 131
- 0, 26 561 delivery of special legacies, when. 1, 132
may recover rents due . . . . . . . . . 38, 34, 36 323,324. return of accounts of etc - - - - - - - - - 1, 133
distribution of assets by - - - - - - - - - - - l, 96 23 to appoint meetings of Creditors, etc.,
may retain assets for suits pending, , 156
When ------------------ , - - - - - - - - l, 97 24 counter security of. - - - - - - - - - - - - - - 1, 177
when must pay creditors---------- l, 100 24. de 80'll tort------------------------ 1, 178
when bond may be sued - - - - - - - - - - 1, 100 24 liability of representatives of. ... l, 179
as to claims presented after distribu- devastavit lies against. -- - - - - - - - - - - 1, 180
tion ---------------------.' * * * * * 1, 101 24 Eacemption,
as to distribution ----------------- 1, 102 25 of certain property from replevin. 55, 138
advertisement of distribution.....l., 103 25 from operation of capias ad 8atisfacien-
compensation of, when limited - - - - 1, 126 30 dunk. ------------------------- 55, 68
claims of, against estate on same footing from jury duty. (See Cap. 36.) 5
as others --------------------- l, 105 26 from attachment, distraint, or execu-
when indebted to deceased, bound to tion-------------------------- 21, 13
acºolint -------------.---------1, 106 26 of clothes of deceased person from ap-
plea of limitation discretionary with, praisement or sale ------------ 2l, 16
º y # 28 earnings ------------------------- 21, 15
* of, how proved as sº sº as º as as sº sº gº ; #. : Eacempted articles, & fit &
not to have credit for claims, when, j can Inot be conveyed except wife sign,
disb º - l, ; ; Eacpen&es. j
18 ursements of ------------- - - - 1, 125 <! of health office, police, and lighting
*ion, allowed to l. 125 29 streets to be paid... ... is, ſº
COSt.S allowed to ------------------ i. 125 29 of º: pavements, sewers, *ś
to collect debts, etc. - - - - - - - - - - - - - - l, 128 30 , , i.; ... --------------- j
not liable for sperate debts - - - - - - - - l, 129 30 , of criminal process. -------------.. 16, 6
to return inventory of money and debts, Expenditures, . .
- - 1, 73 17 of appropriations. - - - - - - - - - - - - - - - 19, 49
to return inventory of money within three Jºactension,
months ------------------------ l, 71 17 of streets, right of way, etc. - - - - - 58,41
disposition of growing crops by - - - - 1, 77 18 Eactradition,
revocation of letters for failure to return of fugitive from justice - - - - - - - - - 55, 159
inventory --------------------- l, 78 18
if one return inventory, others excluded, F.
l, 79 18 Fact,
need not exhibit account or inventory issues of, before whom tried. - - - - - - 55, 2
when bonded to pay debts and lega- IFalse Warranty,
cies --------------------------- 1, 80 19 Habel, etc - - - - - - - • * * * * * * * = • * * * = - - - l6, 93
sale of lands by same, lawful. - - - - - - 1, 85 20 | False oath,
proviso.-------------- ------------1, 86 21 as to retaking prisoners, how punished,
accounts of, when to be returned. 1, 87, 127 21, 30 55, 79
to allow for increase, etc., of estates in J'alse alarm, -
accounts - - - - - - - - - - - - - - -------- l, 88 21 of fire in churches, etc - - - - - - - - - - 16, 118
suits by or against, CostS. - - - - - - - - - - l, 91 22 || False,
in suits by or against, death of party not pretenses ------------------------ 16, 47
to abate ----------------------- 1, 92 22 Fares,
pleas and answers of. - - - - - - - - - - - - - -l, 93 22 in vehicles regulated. - - - - - - 40, 72,73, 74,
shall satisfy judgments, how - - - - - - ..l., 94 22 75, 77,78
judgments against, satisfaction of... 1, 95 23 for light vehicles. -- - - - - - - - - - - - - - - 40, 91
notice to, before application to show Iſaro Table,
CallSC - - - - - - - - - - - - - - - - - - - - - - - - -- -l, 5 4 keeping of ----------------------- 16, 47
not present at probate summoned-l, 12, 13 6 : Fees,
Where served - - - - - - - - - - - - - - - - - - - - - 1, 14 7 of recorder of deeds, enumerated. (See
failing to give bond, letters, c. t. a...l., 11 6 Cap. 59.)
renouncing, what may be done - - - - -l, 15 7 of clerk, marshal, district attorney, jus-
qualified, not to be interfered with -1, 16 7 tice of the peace, and constables.
before qualified, what acts are valid.l., 16 7 (See Cap. 50.)
named in letters only qualified - - - - - 1, 17 8 costs in landlord and tenant cases. 38, 15
bond of, when may be sued - - - - - - - - 1, 19 8 of jurors------------------------- 36, 36
general issue pleadable by - - - - - - - - - 1, 20 8 of justices of the peace - - - - - - - - - - 38, 45
oath of ---------------------------- 1, 22 9 Felony,
proof of citizenship of. - - - - - - - - - - - -l, 34. 11 compounding of- - - - - - - - - - - - - - - - - - 46, 99
proof of insanity of. -- - - - - - - - - - - - - - l, 35 11 misprision of. -- - - * - - - - - - - - - - - - - - - - l6, 72
proof of infancy of.--------------- l, 36 11 Female,
bond of, valid if over 18 years of age, may make will when 18 years old. - 70, 3
, 37 12 Fences,
if femme sole over 18 years of age - - -l, 38 12 and other inclosures to be five feet
if femme covert, husband may give bond, high -------------------------- 3, 12
1, 38 12 Fictions,
benefited or bound by judgments for in pleading abolished - - - - - - - - - - - - 55, 10
or against administrator. - - - - - - l, 42 13 || Pieri Facias,
estate to be delivered to, by administra- when may be issued by justice of peace,
tor----------------------------- 1, 43 13 --- 37, 31
distribution, when - - - - - - - - - - - - - - - - 1,130 30 on judgments, when stayed... -- - - - -34, 8
as to future assets - - - - - - - - - - - - - - - - l, 130 30 on interlocutory judgments - - - - - - 34, 15
204.
497
475.
351, 352
312
289
290
688
INDEX. - . |
Fieri Facias–Continued, - -
binds from date of delivery to officer,
21, 1
* Fines, etc.,
in tobacco ---------------------- 55, 164
only tendered in money - - - - - - - - - 55, 166
for violation of license law - - - - 40, 64, 66
and penalties, how collected. - - - - - 40, 85
Fire Department and Safety from Fire,
one-third of cost of, to be paid by United
States. False alarm of, penalty for
raising ----------------------- 22, 1
part of cost of, how appropriated. - 22, 2
use of certain buildings granted to .22, 3
use of library rooms reserved in Colum-
bia engine house -------------- 22, 4
members of, exempt from military duty,
relief fund of firemen
protection of property from fire and safety
of lives, hotels, etc., over 50feet high;
to provide fire escapes and stand-
pipes -----------------------. 22, 7
hallways and stairs in hotels, etc., how
they shall be lighted; one or more
alarms or gongs to be kept; notices
of fire escapes to be kept posted,
where; building inspector and chief
of fire department, duties Öf, in con-
nection with fire escapes and stand-
pipes ------------------------- 22, 8
penalty for not complying with and lia-
bility for neglect of requirements of
section 7 of this chapter
repeal of all acts inconsistent with three
preceding sections - - - - - - - - - - - 22, 10
Fire,
plugs, when to be laid ; how fixed ; when
tax shall cease, etc. (See Cap. 68.)
escapes, when to be provided. - - - - - 22, 7
works regulated.------------------ 19, 66
false alarm of in churches, etc. - . 16, 118
Pirst Instance, -
hearing of cases in - - - - - - - - - - - - - - - - 55, 1
Fiscal year,
of District, when it commences - . 19, 93
Fish Ways,
at Great Falls------ - - - - - - - - - - - - - - 68, 56
Fishing,
with nets, traps, etc., probibited. (See
Cap. 34.) .
with lines, when. (See Cap. 34.)
when unlawful and penalties. (See Cap.
24.) .
Flour,
inspection of. (See Cap. 38.)
Food,
of prisoners in penitentiary - - - - - - 53, 27
adulteration of.----- - - - - - - - - - - - - - 16, 84
analysis of.---------------------- 16, 94
Page. Foreign—Continued.
:
:
:
minister and employés exempt from
proCeSS - - - - - - - - * = = * * * * * * * * * * * 50, 54
missions, board of Methodist Protestant
Church of, can hold property ; limi-
tations ---------------------- 15, 35
I'orm, *
amendment of matters of -2. - - - - - 55, 97
I'orgery, -
of Warranty - - - - - - - - - - - - - - - - - - l6, 39, 92
I'orgeries,
Page.
408
163,
Forcible Entry, -
and detainer, remedy and procedure,
... 38, 8, 9, 10
limitation of actions in - - - - - - - - - - 38, 25
crimes and offenses. - - - - - - - - - - - - - - 16, 30
damages. (See Cap. 38.) * -
Porcible Entrymen, -
deeds by Void. -- - - - - - - - - - - - - - - - - - 38, 23
Foreclosure,
of mortgage by suit, effect of defendant's
request for judgment - - - - - - - - - -48, 2
effect of tender of amount due and
costs-------------------------- 48, 1
on property of infants and lunatics,
10, 22–23
proceedings. ------------------ lC), 24, 49
Iſoreign, -
coins, value of
2
2
8
;
;
;
2
2
9
431
172
174
317
319
161
uttering of----------------------- 16, 39
Fowls,
running at large, regulated. ------ 19, 66
Fraud and Iſrauduleni Conveyances,
Sales of personalty, possession remaining
in Vendor, mortgagor, or donor, are
void, unless in writing and recorded
Within twenty days. - - - - - - - - - - 23, 1
proviso to preceding section: Such sales,
etc., Valid against vendor, mortgagor,
{
and donor. -- - - - - - - - - - - - - - - - - - - 23, 2
contracts for sale of goods for £10 or
Inore, When only good - - - - - - - - - 23, 3
j
parol leases and interests of freehold
shall have the force of estates at will
OD
leases not exceeding three years, when
excepted from provisions of preced-
ing section------------------- - 23, 5
no leases or estates of freehold, etc., or not
copyhold, shall be granted, assigned,
or surrendered by parol 23, 6
ly -------------------------- 23, 4
promises and agreements by parol void,
When, viz: executor, etc., to answer
damages out of his estate; to pay
debt, default or miscarriage of an-
other; agreement upon consideration
of marriage; contracts for sale of
lands or any interest in them; agree-
ments not to be performed within one
Yeal - - - - - - - - - - - - - - - - - - - - - - - - - - 23, 7
declarations or creations of trusts affect-
ing lands shall be in writing - - - 23, 8
exception to preceding sections in cases
of trusts arising, transferred or extin-
guished by implication of law. 23, 9
assignment of trusts shall be in writ-
ing 23, 10
lands, etc., shall be liable to the judg-
ments, etc., of the cestwi que trust and
held free from theimcumbrances of the
person seized in trust. Trusts shall be
assets in the hands of heirs. 23, 11
proviso to preceding section: No heir
shall by reason thereof become
chargeable of his own estate - -23, 12
fraudulent deeds made to avoid the debts
of others shall be void; the penalties
of the parties to such fraudulent as-
SUlſa D.CeS - - - - - - - - - - - - - - - - - - - - - 23, 13
all fraudulent conveyances made to avoid
the debt or duty of others, shall be
Void----------------------- . . .23, 14
forfeitures of parties to fraudulent deeds;
who shall have the forfeiture and by
What means - - - - - - - - - - - - - - - - - - 23, 15
proviso to previous sections: Estates
made upon good consideration and
|bona fide. -------------------- 23, 16
fraudulent conveyances made to deceive
purchasers shall be void. - - - - - 23, 17
the penalty of the parties to fraudulent
conveyances, who do avow the same
- 23, 18
conveyances made upon good considera-
tions and bona fide. . . . . . . . . . . 23, 19
232
232
INDEX.
Iſh'aud and Iſraudulent Conveyances–Cont'd.
lands first conveyed with condition of
revocation or alteration and after
sold for money or other good consid-
eration. ---------------------- 23, 20
proviso to preceding Section: Mortgages
bona fide not affected. - - - - - - - - 23, 21
deeds of gift of goods and chattels to de-
fraud creditors shall be void. 23, 22
fraudulent assurances of lands or goods
to deceive creditors, shall be void
23, 23
debtor upon judgment, etc., taking up
money of another upon a mortgage
without notice of the judgment to .
the mortgagee, shall lose his equity
to redeem -------------------- 23, 24
person mortgaging twice, without no-
tice to second mortgagee, loses his
equity --------------- § - - - - - - - 23, 25
proviso to preceding section: When sec-
Ondmortgagee, etc., may redeem prior
moistgages. - - - - - - ------------ 23, 26
proviso to section preceding next above:
Right of widow to dower in mort-
gaged property, When -------. 23, 27
Fraudulent Wills,
when void as to creditors - - - - - - 70, 36, 37
Iſraudulent Carrying Off of Goods, .
subject to payment. (See Cap. 38.)
rights of landlord; damages of, against
all parties. (See Cap. 38.)
Th'awdulent Judgments, - -
reinstated, When. ---------------- 4, 20
When Void. - - - - - - - - - - - - - - - - - - - - - - - 34, 20
awards set aside, When - - - - - - - - - - - - - -‘5, 6
Free Bridges and Roads. (See Cap. 39.)
Iºwel, -
purchase, inspection, and payment for.
(See Cap 73.)
Fugitives,
from justice, how extradited - - - - 55, 159
Funded Debt of District,
bonds may be sold to pay, etc. - - - - - 17, 4
G.
Game and Fish,
game, season for. Quail, penalty for
killing or possessing, when - - - - 24, 1
pheasants; penalty for killing, etc.,
When . ------------------------ 24, 2
woodcock; penalty for killing, etc.,
When ------------------------- 24, 3
prairie chicken; penalty for killing,
etc., When--------------------. 24, 4
Snipe; penalty for killing, etc., when,
24, 5
ducks and wild geese; penalty for kill-
ing, etc., When ---------------- 24, 6
rail, reed birds; penalty for killing,
etc., When--------------------- 24, 7
venison; pedalty for Selling or possess-
ing, When --------------------- 24, 8
certain birds; penalty for killing, etc.,
When ------------------------- 24, 9
robbing wild birds' nests; penalty,
When------------------------- 24, 10
trapping, etc., Wild birds, etc.; penalty,
When------------------------- y
killing wild ducks; penalty for, whem,
24, 12
killing birds or wild fowl at night;
Denalty, when . . . . . . . . . . . . . . . . 24, 13
killing birds for scientific. purposes,
proof required - - - - - - - - - - - - - - - - 24, 14
frespassing on another's lands in hunt-
ing, penalty for, when . . . . . . . 24, 15
n
Page.
22
33
54.
2
3
5
2
3
5
2
3
5
2
36
2
3
7
2
3
7
563
291
291
57
475
187
Game and Pish—Continued.
notice to trespassers, how made. Pen-
alty for destroying notices . . . 24, 16
Sunday shooting or carrying of guns, etc.
penalty, when --------------- 24, 17
repeal of all inconsistent acts - - - - 24, 18
fish-netting season, when - - - - - - - - 24, 19
‘‘closed season’’ in fishing season, what
required in certain cases. - - - - - 24,
black bass or salmon, to be caught with
hook only.------------------- 24, 21
shad or herring, when can be caught, -
24, 22
penalty, etc., for violating provisions of
preceding four sections. - - - - - - 24, 23
use of nets, etc., in waters of Potomac,
prohibited ------------------- 24, 24
proviso to preceding section for outlines
and U. S. Fish Commissioner. Pen-
alty for violation of provision, where
cognizable ------------------. 24, 25
tar, oil, or other waste product not to be
deposited or allowed to flow into
Potomac or its tributaries. Penalty
for violation of this section . . .24, 26
Gambling,
keeping gaming table, etc., or inducing
betting thereon, penalty for -- .25, 1
permitting gaming table, etc., to be set
up or used on premises, penalty for
25, 2
confidence game, three-card monte, etc.,
penalty for--------------------25, 3
definition of term gambling table... 25, 4
repeal ---------------------------- 25, 5
pool selling and other gambling unlaw-
ful.--------------------------- 25, 6
penalty for certain offenses - - - - - - - - 25, 7
letting house for gambling purposes, pen-
alty for----------------------- 25, 8
who shall be deemed keeper of gambling
horise --------------- - - - - - - - - - - 25, 9
deceits and fraud in gaming, penalty for;
how sued for and recovered. . .25, 10
certain gaming contracts void; the pen-
alty, how recovered - - - - - - - - - - 25, 11
all notes, mortgages, etc., when the con-
sideration is for money won by gam-
1ng or for repayment of money lent at
such gaming, etc., shall be void. If
such mortgage shall encumber any
land, etc., they shall devolve to the
person entitled to them in case grantor
had been dead. All conveyances
to the contrary to be void. - - - 25, 12
the loser of £10 at cards, etc., may sue
for the money within three months;
if he neglect any person imay sue an
recover treble value. - - - - - - - - - 25, 13
winner of money shall make discov-
eries------------------------- 25, 14
after discovery and repayment, defend-
ant discharged from further liability,
25, 15
any person Winning by fraud, etc., over
£10 at one sitting shall forfeit five
times the value - - - - - - - - - - - - - - 25, 16
any person assaulting, etc., on account of
money Won at play to be imprisoned
tWO years. - - - - - - - - - - - - - - - - - - - 25, 17
When equity will grant relief for money
Won at gaming----------. . . . . 25, 18
Gaming-House Keeper,
defined --------------------------- 25, 9
Gaming Table,
keeping-------------------------- 16, 47
Gambling Table,
defined . . . . . . . . . . . . --------------- 25, 4
2
4
3
44 C S
690
INDEX.
Gambling, -
equitable relief for. - - - - - - - - - - - - - - 10, 18
Garbage,
contracts for removal of. - - - - - - - - - 19, 34
Garmishee, *
not to be held for more than the debt and
costs. ----------------------- 55, 108
may plead in behalf of defendant. 55, 114
When to be compensated...... ... 55, 114
Gas Mains,
laying and replacing regulated.... 19, 61
Gas,
standard power and purity of gas regu-
lated. (NOTE.-Charter of Wash-
ington Gaslight Company; charter
of Georgetown Gaslight Company.)
- 26,
penalty for supplying gas of less power,
etc.; proviso ------------------ 26, 2
inspector of gas and meters, how ap-
pointed, his duties and salary. -26, 3
superintendent of meters, additional al-
lowance of -------------------- 26, 4
laboratory for inspectors to be provided,
26, 5
costs of laboratory, by whom paid. 26, 6
furnishers of gas may be represented at
each test - - - - - - - - - - - - - - - - - - - - - - 26, 7
daily inspections; record to be kept and
open to the public; full monthly re-
port to be furnished to newspapers,
26, 8
bills to consumers, when to be reduced,
26, 9
test of meters; When they shall be
deemed accurate and stamped and
record thereof to be kept, which
shall be open to public inspection,
- y
test of meters in use on request of con-
sumers; fees for and by whom paid;
meters to be inspected, proved, and
sealed at laboratory beforo use; fees
by Whom paid - - - - - - - - - - - - - - - :26, 11
expenses of inspection to be a charge upon
the District when for United States,
26, 12
fees paid to inspector, how applied. 26, 13
companies, etc., to remove meters for
test and replace same - - - - - - - - - 26, 14
inspector to give bond and take oath of
office. ------------------ ------ 26, 15
Price of gas---------------------- 26, 16
discount from price, when allowed. 26, 17
advance or reduction of price regulated,
S. * 26, 18
Washington Gaslight Company to fur-
mish statement to Secretary of Inte-
rior --------------------------26, 19
District to be furnished gas at same rate
as United States. - - - - - - - - - - - - - 26, 20
rate for lighting, etc., of Street lamps,
26, 21
stoppage of gas for nonpayment of bills;
restriction on removal of meters,
26, 22
power of Congress to amend or repeal,
26, 2
penalty for fraudulently obtaining gas,
* 26, 24
price to be uniform to all consumers,
26, 25
not more than $25 to be paid for gas for
street lamps. ----- - - - - - - - - - - - - 26, 26
Geese. (See Note, Cap. 3.)
Page, Georgetown, -
245 laws and ordinances continued in force,
& 39, 4
202. city of, to continue to be known as such,
,' 19, 8
6 charter of, continued for certain purposes,
465
467 Gender, )
4.67 definition of.---------------------- 39, 5
General ſssue,
206 when pleadable by justices of peace and
constables. ------------------- 37, 46
General Term,
of Supreme Court - - - - - - - - - -35, 11, 12, 13
Gifts and Devises, -
to religious and other societies, regu-
246 lated ---------- - - - - - - - - - - - - - - - 58, 17
Gift, - -
24.7 enterprises - - - - - - - - - - - - - - - - - - - - 16, 64, 65
Girls, -
247 of certain age, how” placed in custody
of association for works of mercy,
2-17 61, 32–35
Goals,
24.7 regulated.-------------------------- 3, 12
247 Gongs, * w -
or alarms for fire, when and where to be
247 located.----------------------- 22, 8
Government, g
of United States, not to rent buildings
except ----------------------- 38, 16
248 the District is permanent seat of 19, 4
offices to be exercised in District...l.9, 11
248 Governor, - -
-> office of, abolished - - - - - - - - - - - - - - - - 19, 14
Grade, - - * -
regulated when railway tracks cross
Streets -------------------- -- . 19, 60
248 regulated when railway tracks cross
highways -----. . . . . . . . . . . . . . 15, 130
Graduates, *
of normal school to be preferred in
selection of teachers for public
248 Schools----------------------- 57, 42
Grand Jury, -
\ Special charge to - - - - - - - - - - - - - - - - 55, 157
248 Special oath of - - - - - - - - - - - - - - - - - - 55, 156
249 foreman, oath, duties, etc. (See Cap.
36.)
249 Grand larceny - - - - - - - - - - - - - - - - - - - - - - 16, 40
Grantees,
249 of reversions may take advantage of cov-
249 enants, etc ------------------- 38, 32
249 Guagers, -
fees, duties, and emoluments regul-
249 lated. ------------------------- 69,
Guardian and Pſard,
parents may dispose of the custody of
249 children during minority; ravish-
ment of ward or trespasss, actions
249 for by guardian --------------- 27, 1
management of estates of children by
250 guardian---------------------- 27, 2
proviso as to discharge of appren-
tices -------------------------- 27, 3
250 appointment of guardian of children hav-
ing no natural or testamentary guard-
250 ian, when and how. (See Sec. 30.).
power of court to have orphan before it
250 to appoint guardian - - - - - - - - - - - 27, 5
on application of any friend of orphan,
, 250 guardian may be compelled to give
bond, etc.---------------------- 27, 6
250 guardian to give bond before acting as
| Such; form of bond . . . . . . . . . . . 27, 7
Page.
338
198
199 .
338
314.
294
493
168
509–510
206
139
489
164
321
INDEX. 691
Guardian and Ward—Continued. Page, Guardian and PVard—Continued. Page.
property of ward to be delivered to such evidence to be recorded - - - - - - 27, 39 257.
guardian when bond executed; ex- sale of infant's real estate, when and
ecutors, etc., and former guardian how effected.----------------- 27, 40 257.
to deliver property of ward to guard- what petition must state ... -- - - - - - 27, 41 257
ian; punishment for noncompliance; parties defendants, who are; guardian
new security may be required of ad litem, answers of, etc. - - - - - - 27, 42 257
guardian. --------- - - - - - - - - - - - - 27, 8 253 evidence required before decree. --27,43 257
appraisement of ward's estate, how requisites to render decree of sale law-
made-------------------------- 27, 9 253 ful --------------------------- 27, 44 258
waste of ward's land prohibited; when costs, by whom paid - - - - - - - - - - - - - - 27, 45 258
guardian may cut off and sell wood, no sale of infant's estate to be decreed if
etc.--------------------------- 27, 10 254 acquired by will which directs other-
management of ward’s real estate. 27, 11 254 Wise ------------------------- 27, 46 258
profit of ward's estate to be accounted guardian or guardian ad litem not to pur-
º for--------------------------- 27, 12 254. chase at sale of infant's estate. 27, 47 258.
accounts of guardian shall be settled at manner and terms of sale of infant's es-
least once a year- - - - - - - - - - - - - - 27, 13 254 tate, etc.; lien to be retained for
first account of guardian, what to con- purchase money - - - - - - - - - - - - - - 27, 48 258.
tain -------------------------- 27, 14 254 investment of proceeds of sale of in-
personal property of ward, ilow dis- .fant’s estate--- - - - - - - - - - - - - - - - 27, 49 258.
posed of. - - - - - - - - * - - - - - - - - - - - - - 27, 15 254 security to be required for same--27, 50 258.
expenditures of ward to be within his death of infant after sale; proceeds, how
income; exceptions; interest on considered; succession - - - - - - -27, 51 258.
ward’s money; commissions to be al- trespassers on lands, etc., of wards and
lowed guardian - - - - - - - - - - - - - - - 27, 16 254 orphans shall pay damage to guard-
failure of guardian to account; his bond ian, etc. ---------------------- 27, 52 258
may be sued; his liability to attach- guardian committing waste upon or-
ment and fine - - - - - - - - - - - - - - - - 27, 17 255 phan's estate; damage to be inquired
final account of guardian when ward into and seeurity entered into by
becomes of age or marries and deliv- guardian; contempt of court for re-
ery of ward’s property; liability of - fusal, punished by imprisonment,
guardian for noncompliance. - 27, 18 255 27, 53 259
powers of equity court as to trusts, not minors entitled to lands, etc., by pur-
affected by foregoing 15 sections, chase, not obliged to defend in eject-
J 255 ment until of age. -- - - - - - - - - - - 27, 54 259
appointment of guardian. (See Sec. 4.) Guardians,
j <! 255 suits against executors of . . . . . . . . . 55, 34 447
bond required of guardian ; ward's pen- holding estates after death of life tenant
sion, how protected - - - - - - - - - - 27, 21 255 trespassers; heir may recover dam-
bond and account required of natural ageS- - - - - - - - - - - - - - - - - - - - - - - - - - 41, 10 35T
- guardian --------------------- 27, 22 255 required to produce ward in actions by
special guardian may be appointed if reversioners - - - - - - - - - - - - - - - - - - - 41, 6 356,
natural guardian fails to give bond, of infant life tenant after decree in action
27, 23 255 by reversioners; if infant life tenant
additional security may be required of be living shall retain possession-41, 9 357
guardian, When -- - - - - - - - - - - - - - 27, 24 255 of nonresident minors to have notice of
Inotice to guardian to give further se- suits against them. - - - - - - - - - - - 10, 60 94;
curity------------------------ 27, 25 255 Ad litem. (See Cap. 37.)
dismissal of guardian for failure to give
further security, and appointment of H.
new guardian ; order as to Ward's Hack Drivers,
estate ------------------------ 27, 26 255 to Wear badge - - - - - - - - - - - - - - - - - - - -40, 19 343.
enforcement of orders of court - - - -27, 27 256 | Hack Stands,
counter security of surety on guardian’s requirements of - - - - - - - - - - - - - - - - - - 40, 68 350.
bond, how obtained - - - - - - - - - - 27, 28 256 to be regulated. -- - - - - - - - - - - - - - - - - 19, 37 202
when orphans may elect guardian. 27, 29 256 | Hackmey Carriage,
approval by court of guardian elected, definition of.--------------------- 40, 90 355.
etc.---------------------------27, 30 256 . . -
removal by court of guardians by elec- Hacks,
tion and new election - - - - - - - - - 27, 31 256 cabs, etc., license of - - - - - - - - - - - - - - 40, 41 346.
guardian ad interim, when and how ap- EIanging,
pointed ---------------------- 27, 32 256 the mode of death punishment. - - - - l6, 8 157
supersedure of guardian by election, no- . Hay,
tice of.----------------------- 27, 33 256 sale of, regulated. (See Cap. 69.)
foreign guardians or committee of luna- BHealth,
tics may sue, etc., as if appointed in health officer appointed and board of
this District. - - - - - - - - - - - - - - - - - 27, 34 256 health abolished. (NOTES.—Ordi-
and may collect and receive money and nance of Washington City as to nui-
convey lands belonging to their sances; registry of dentists; preven-
minor or lunatic - - - - - - - - - - - - - - 27, 35 257 tion and spread of scarlet fever and
proof of bond by such committee or diphtheria; health officer may call on
guardian must be first filed-- 27, 36 257 police for aid; Small-pox liospital),
certain payments to foreign committees 28, 1 260
or guardians legalized. . . . . . . .27, 37 257 salaries of health officer, sanitary inspect-
evidence of Security.............. 27, 38 257 ors, clerks, and other assistants. 28, 2 260
692
INDEX.
*
JHealth—Continued.
Sanitary inspectors; their appointment,
- duties, and reports; report of health
officer ----------------- * ~ * * * * * * 28, 3
clerks to health officer. -- - - - - - - - - - -28, 4.
plumbing inspector, appointment and
duties------------------------- 28, 5
plumbing regulations to be enforced by
health officer. ------------- - - - - 28, 6
penalty for violation of plumbing regul-
lations ------------------------ 28, 7
Ordinances of board of health, legalized,
excepting certain sections - - - - -28, 8
list of same--------------------- 28, 9
health officer to secure full, etc., record
of vital statistics, etc.; marriages,
deaths, and burials must be reported
to health officer. -------------- 28, 10
births must be reported within six days;
benalty for neglect. -- - - - - - - - - 28, 11
health officer to issue regulations to pre-
Vent or Iemove epidemics and dis-
eases; regulations to be advertised
in newspapers, and be subject to
modification and approval by Com-
missioners.------------------- 28, 12
such regulations to include instruc-‘
Page,
260
260
EHealth—Continued.
penalty for fraudulent marking or pack-
ing flour --------------------- 28, 30
board of inspectors of flour, how ap-
proved, etc.------------------- 28, 31
repealing clause to act. Assembly, §§
21, 1871 ---------------------- 28, 32
Health Officer,
his appointment, powers, duties, etc.
(See Cap. 38.) -
Eſealth Office, -
expenses of, how paid. - - - - - - - - - - - 19, 40
Heir,
and devisee jointly liable, when... 70, 38
when liable for value of land. . .70, 40
plea of nothing by descent; issue. 70,41
Bleirs, etc., -
of purchaser at tax sale to succeed to his
rights------------------------ 65, 73
sole, of deceased persons, bill will lie
against ---------------------- 10, 83
admeasurement of dower for...... 1, 170
Eighways, Roads, and Bridges,
what are public highways. (NOTES.—
Contracts for, regulated. Provision
for permanent system of. Regula-
tion and control of bridges)-- -29, 1
jurisdiction over roads and bridges
vested in Commissioners of the Dis-
trict of Columbia- - - - - - - - - - - - - - 29, 2
survey of public highways, records, etc.,
29, 3
5
boundaries of public highways to be
marked----------------------- 29, 4
roads, their width and location regu-
lated ------------------------- 29, 5
roads, when fields, etc., not to be taken
for---------------------------- 29, 6
roads, when may be changed, laid out,
or Widened.------------------- 29, 7
notice of ; and objections to be hº
29,
when route objected to, etc. - - - - - 29, 9
after notice and no objection made,
- 29, 10
when notice waived. - - - - - - - - - - - 29, 11
when owners object and claim dam-
ages ; how assessed - - - - - - - - - - 29, 12
notice to claimants for damages. 29, 13
when minors own land objection pre-
sumed and damages assessed.-- 29, 14
jury to be summoned to assess dam-
ages ; oath of.--------------- 29, 15
what jury shall consider-- - - - - - - 29, 16
verdict of jury and procedure--29, 17
owners of land are dissatisfied with
Verdict, procedure. - - - - - - - - - - - 29, 18
verdict of second jury conclusive,
- 29, 19
costs, by Whom paid- - - - - - - - - - - - 29, 20
fees of marshal and jurors. - - - - - 29, 21
materials for use on public roads, how
condemned ------------------ 29, 22
willful injury to public road, penalty for,
2
203
563
564
564
534
100
38
267
tions for interment of dead and house
visitation, etc.; destruction of in-
fected clothing, etc., of poor persons;
payment for same provided for-28, 13
removal of persons to public hospitals
provided for; penalty for refusal to
comply with this section -- - - - - 28, 14
proprietors of tenement houses, etc., to
Inotify health officer of infectious dis-
eases in houses, etc.; penalty for neg-
lect -------------------------- 28, 15
penalty for not disinfecting yebicles or
Selling clothing of infectious people,
etc., or exposing such persons in
r Streets, etc ------------------- 28, 16
penalty for letting rooms where infected
persons have been, without first dis-
infecting same --------------- 28, 17
contagious disease, etc., of animals; sup-
pression of same; pleuro-pneumonia;
duties of Commissioners in relation
thereto----------------------- 28, 18
duty of District attorneys for violation
of Section 18-- - - - - - - - - - - - - - - 28, 19
flour inspectors, appointment of; their
term of office. -- - - - - - - - - - - - - - - 28, 20
oath of office. ------------------ 28, 21
flour barrels must be well made, etc.;
millers' marks; duty of inspectors as
to marks and brands - - - - - - - - - 28, 22
inspection of flour and penalty for false
packing, etc.----------------- 28, 23
quantity of flour in each package; in-
spector's duty as to weight, etc.;
penalty for packing short Weight,
28, 24
inspection, grade, and branding of flour;
pay of inspector; unmerchantable
flour, how branded; penalty for sell-
ing flour in violation of section 25,
28, 25
commissioners of flour inspection, ap-
pointment of; their duties - - - - 28, 26
appeal from judgment of inspector of
flour to Commissioners; remedy,
28, 27
cooperage of barrels may be required by
inspectors; inspectors not to pur-
chase, except for their own use;
penalty ---------------------- 28, 28
rye flour, graded ----------------- 28, 29
265
266
obstructing free use of highways, pen-
alty for---------------------- 29, 24
penalties prescribed in sections 23 and
24, how collected and disposed of,
4. y -
Aqueduct bridge, control of. (NOTES.—
Duties of Engineer Commissioner as
to roads and bridges. Statute as to
Eastern Branch bridge. Statute as
to free bridge across Potomac. Ordi-
nances of Washington City as to
bridges) --------------------- 29, 26
- 269
INDEX.
Bighways, Roads, and Bridges—Continued. Page.
bridge across Rock Creek at Woodley
Lane road; free------------- 29, 27
free public highway from Georgetown
toward Rockville, Md. - - - - - - - 29, 28
proviso to previous section . . . . . . .29, 29
Eſolidays, .
legal, what are. (See Cap. 11.)
FIotchpot,
of lands of intestates. - - - - - - - - - - - - l8, 4
FIotels, -
license of.----------------------- 40, 42
EIorse Racing Grounds, !
license for------------------------ 40, 49
Pſorse Stealing . --------------------- 16, 32
accessories----------------------- 16, 32
Horses,
for laws relating to. (See Cap. 3.)
Bowsebreaking, -
with intent to destroy property
- 16, 27, 28
EIunting,
with dog or fishing on Sunday, penalty.
(See Cap. 24.) -
Busband and Wife,
marriage of lunatics void. Lunacy, how
declared ---------------------- 30, 1
marriages within certain degrees void.
Table of degrees of kindred and
affinity. Marriages to be reported
to health officer - - - - - - - - - - - - - - - 30, 2
penalty for marrying within certain
degrees, etc. ------------------- 30, 3
marriage, by whom to be celebrated.
Penalty for violation of this act,
30, 4
penalty for ministers marrying persons
related, etc.-------------------|-30, 5
no person to marry without license or
bans being published. The penalty,
30, 6
persons, may not avoid the penalty of
this act (Md: act 1777, ch. 12) by going
out of District to marry ... - - - - - 30, 7
churches, etc., to be recorded, or can not
publish bans - - - - - - - - - - - - - - - - ... 30, 8
ministers to return annually list of mar-
riages by .license. Penalty for non-
compliance-------------------- 30, 9
penalty on millisters for marrying per-
sons under age without consent of
parent or guardian, etc. - - - - - - 30, 10
alimony, all causes for to be determined
by equity Court. - - - - - - - - - - - - - - 30, 11
bigamous or marriages contrary to the
table in section 2 of this clapter, the
court may declare void - - - - - - - 30, 12
who may be licensed to perform marri-
age Ceremony - - - - - - - - - - - - - - - - 30, 13
license, by whom to be issued. - - - - - 30, 14
license, form of - - - - - - - - - - - - - - - - - - 30, 15
license, record of, where kept. . . . . 30, 16
certificate of minister as to marriage;
form of. ---------------------- 30, 17
copy of license record to be competent
evidence of marriage. (See mote.)
y
194
346
347
162
162
161
271
Husband and Wife—Continued.
powers of married women over their prop-
erty-------------------------- 30, 24
married women may contract, sue, and
be sued. ---------------------- 30, 25
husband not liable, when - - - - - - - - -30, 26
divorce, application for, how made. 30, 27
proceedings in - - - - - - - - ---------- 30, 28
what petition for must specify . . .30, 29
Summons to respondent - - - - - - - - - 30, 30
notice to respondent by publication,
When -----------------------. 30, 31
When causes shall be heard. . . . . 30, 32
no judgment without proof; admis-
sions in answer not evidence... 30, 33
from bond of marriage, causes for,
.* 30, 34
from bed and board, causes for... 30, 35
When granted for causes occurred out
of District . . . . . -------------- 30, 36
When dissolved on account of former
marriage, what decree must state,
30, 37
legitimacy of issue, how affected by
Section 37 - - - - - - - - - - - - - - - - - - - - 30, 38
legitimacy of issue after on ground of
lunacy ----------------------- 30, 39
legitimacy of issue, how otherwise
affected and determined. - - - - - 30, 40
rights of wife to dower and alimony,
. 30, 41
award of alimony pendente lite. .30, 42
custody and maintenance of children
may be decreed. - - - - - - - - - - - - - - 30, 43
maiden or previous name of wife may
be restored - - - - - - - - - - - - - - - - - - - 30, 44
from bed and board, adultery of wife
after, power of court as to alimony,
dower, etc.------------------- 30, 45
Busband,
remedy for rent due wife. . . . . . . .38, 35
may give bond for wife as administratrix
or executrix------------------. l, 38
entitled to intestate wife's choses in ac-
tion, When -------------. ------- l, 47
actions in right of wife - - - - - - - - - - - - l, 48
of a widow, liability for waste - - - - L, 163
settlement before marriage bars dower,
1, 172
Husband and Wife -
when may administer - - - - - - - - - - - - - -l, 59 .
I.
Ice Dealers,
license of.----------------------- 40, 61.
Illuminating Gas,
license for------------------------ 40, 58
Implied Warranty,
marriages in foreign countries in pres-
ence of consular officers; evidence of,
11ow authenticated - - - - - - - - - - - 30, 19
certain colored persons to be deemed hus-
band and wife, etc. - - - - - - - - - - - 30, 20
their children legitimate - - - - - - - - 30, 21
children of those who have ceased to
cohabit ---------------------- 30, 22
When light of married women to prop-
erty is absolute, etc. - - - - - - - - - 30, 23
in deeds for land, what words create,
58, 36
Impounding Domestic Animals, e
rules for, etc. -------------------- 19, 65
Improvement Taices,
revision and refund of. - - - - - - - - 65, 68, 69
Improvement and Repair 2 ct,
of legislative assembly, etc., approved,
l'7, 19
Increase,
of public debt prohibited. - - - - - - - - - 17, 1
Indecent Language (crimes and offenses),
- l6, 120
Indictments,
when they shall abate. . . . . . . . . --- 55,83
form of.------------------------- 55, 144
for perjury and subornation of perjury,
must a Ver, etc. - - - - - - - - - - - - - - 55, 145
694
INDEX.
Infamy,
of applicants for administration, how
- may be proved.----------------- l,
Infants, e . - -
may sue by next friend. - - - - - - - - - - 55, 31
when not compelled to revive real ac-
tions ------------------------ 55, 82
y
life tenants, interest protected while liv-
ing. (See Cap. 41.)
may surrender and renew leases. 38, 70–76
their guardians. (See Cap. 37.)
sale of their real estate. (See Cap. 37.)
property and maintenance of. (See Cap.
27.) -
lmay make conveyance, When - - - - - - LO, 7
their guardian must consent to decree,
10, 8
trustees, may make valid conveyances of
trust estates. - - - - - - - - - - - - - - - - - 10, 13
may be compelled to convey - - - - 10,14
holding lands in trust or under agree-
ment to convey, may be decreed to
CODV&Y - - - - - - - - - - - - - - - - - - - - - - - 10, 15
may show cause against decree to con-
vey trust, etc., estates - - - - - - - - 10, 16
real estate when subject to mortgage
may be sold by court -- - - - - - - 10, 22
when mortgaged property sold, bond re-
quired, ----------------------- 10, 23
joint interest of, in lands may be
Sold-------------------------- 10, 33
Troperty of nonresident, may be sold to
Page. Insane, The Hospital for,
- establishment of.-- - - - - - - - - - - - - - - - - 31, 1
11 the superintendent, his appointment,
bond, qualifications, and duties. 31, 2
446 salary of Superintendent - - - - - - - - - - 31, 3
board of visitors - - - - - - - - - - - - - - - - - - - 31, 4
459 president of board of visitors. - - - - - 31, 5
powers and duties of the board of visit-
Ol'S - - - - - - - - - ------------------- 31, 6
335, 336 admission of insane persons of the Army,
Navy, Marine Corps, etc. - - - - - 31, 7
insane inmates of National Home for
Disabled Volunteer Soldiers to be
admitted, etc.------------------ 31, 8
75 admission of insane of Soldiers’ Home,
etc. -------------- - - - - - - - - - - - - - y
76 admission of insane patients of Marine
- Hospital, etc. - - - - - - - - - - - - - - - - 31, 10
79 indigentinsane of District, how admitted;
79 expenses of, how paid. - - - - - 31, 11
such expenses to be reported, etc. - 31, 12
surplus products and material, how
79 disposed of- - - - - - - - - - - - ------- 31, 13
indigent insane of the District of Colum-
80 bia, how admitted. - - - - - - - - - - - 31, 14
order of admission-- - - - - - - - - - - - - - - 31, 15
81 certificate, requirements of. - - - - - - 31, 16
: application by visitor. - - - - - - - - - - - 31, 17
81 conveyance to hospital. - - - - - - - - - - 31, 18
insane persons having property - - 31, 19
85 admission of nonresidents - - - - - - - - 31, 20.
admission of persons accused of crime,
94 31, 21
insane convicts-------------- - - - - - 31, 22
private patients.------------------ 31, 23
94 pay patients.--------------------- 31, 24
delivery of criminals restored to sanity,
95 - 31, 25
discharge of patients on bond. - - - - 31, 26
98 insane not to be confined in jail. . .31, 27
102 appropriations for the insane, low dis-
- bursed - - - - - - - - - - - * * * * * * * = * = * * 31, 28
262 persons insane before or after conviction,
262 how admitted. - - - - - - - - - - - - - - - 31, 29
care of insane; Attorney-General of
263 United States may contract with
State asylums for -- - - - - - - - - - - - 31,30
432 compensation of State asylums - - - - 31, 31
432 convicts restored to sanity to be returned
432 to prison.--------------------- 31, 32
432 sanity, how determined. - - - - - - - - - - 31, 33
Insame Convicts,
207 transfer of to hospital for insane. - 53, 45
Insane Persons,
473 their admission to Government asylum,
etc. (See Cap. 31.)
473 definition of.---------------------- 39, 5
349 marriage of Void. ----------------- 30, 1
177 powers of foreign committee of to receive
money and dispose of real estate of
(See Cap. 37.)
327 when may make conveyances -- - - - - 10, 7
. to make conveyance of trust estate, when
74 . 10, 11
89 holding trust estates may be compelled
90 to convey - - - - - - - - - - - - - - - - - - - - - 10, 12
90 property of not divisible, whole can be
Sold-------------------------- 10, 17
91. personal property of may be sold, when,
w 10, 18, 19
269 such sale to be confirmed - - - - - - - - - - 10, 20
164 real estate of, when mortgaged, may be
171 sold by Court -- - - - - - - - - - - - - - - - 10, 22
172 estate and person, management of, sale
of property, etc. - - - - - - - - - - - - - - lo, 27
trustee to sell estate. - - - - - - - - - - - - - 10, 28
290 joint interest of in land may be sold,
290 0,
pay debts of deceased. - - - - - - - 10, 59.
remainder, etc., of, in land of nonresi-
dent, may be sold to pay debts of
persons from whom derived. - 10, 61
lands descended to, subject to specific
performance- - - - - - - - - - - - - - - - - - 10, 65
joint interest of, in lands may be parti-
tioned ----------------------- lo, 76
Inonresident, proceedings against. 10, 90
Infected clothing,
to be destroyed. - - - - - - - - - - - - - - - - - 28, 13
persons to be sent to hospital- - - - - 28, 14
Infectious diseases, !
in houses to be reported - - - - - - - - - - 28, 15
Infirmary, .
of penitentiary ------------------ 53, 34
removal to . . . . . . .•- - - - - - - - - - - - - * * 53, 35
return to cmployment from. - - - - 53, 36
government of------------------ 53, 37
Inflammable substances, -
Storage of, regulated - - - - - - - - - - - -- . 19, 66
Informations,
for police court ------------------ 55, 147
Informer’s share,
in certain cases (see Cap. 55) - - - - - 55, 149
of fines.-------------------------- 40, 64
breaches oleomargarine act. - - - - - 16, 109
Imjunction,
in ejectment for arrears of rent, when,
38, 47
to stay waste, or stay proceedings at
law, when subpoena may issue. 10, 4
decree of, how enforced. - - - - - - - - - 10, 44
to s'ay Waste - - - - - - - - - - - - - - - - - - - - - 10, 46
to stay proceedings at law - - - - - - - - 10, 47
to stay execution when property perish-
able-------------------------- 10, 48
Injury, 5
willful, to public roads, punished. - 29, 23
to books, etc., of United States. ... 16, 42
to trees, etc.---------------------- 16, 77
to cemeteries--------------------- l6, 80
Imquisition, - .
of damages, final judgments on, when,
34, 14
form of.------------------------ 34, 14
338
271
INDEX.
m3ame Persons—Continued.
lands descended to, subject to Specific
performance ------------------ 10,65
joint interest of in lands may be parti-
tioned -
In 8amily,
how declared. (See Cap. 31, 860. 7.)-----
of executor, etc. - - - - - - - - - - - - - - - - - - - - l, 35
Inspection, ...
of flour, etc. .
of gas meters, etc.
Inspectors,
of flour, etc., fees, duties, and pay of reg-
ulated. (See Cap. 69, 860. 1.) - - - - - - -
(See Cap. 38, 8ec. 30.) - - - - - - - - - - - - -
(See Cap. 38, 860. 31.). ------------
of coal, fees of.------------------. 69,21
of penitentiary, their duties, etc. (See
Cap. 53.)
of hacks-------------------------- 40, 86
sanitary, appointment and duties of: 28, 3
of plumbing, appointment and duties of,
* = e s = e s = • * * * * * * * * * * * * * * * j
(See Cap. 28.) -
(See Cap. 26.)
28, 5
I88wes, .
of fact, how tried. ---...----------- 55, 2
of law, how tried------------------ 55, 3
general, pleadable in actions for rent,
38,68
Institutions,
for charitable purposes, etc., to make re-
|ports-------------------------- 19, 52
of learning, incorporation, etc., of. (See
Cap. 15.) -
Instructions, -
for interment of dead.---- - - - - - - - - - 28, 13
Insurance, - -
agents, license of.---------------- 40, 46
companies, license of. - - - - - - - - - 40, 44, 45
foreign, process against. -----. ---- 55, 26
of public property regulated... - - - - 19, 35
corporations, their incorporation, duties,
powers, liabilities etc. (See Cap. 15.).
Intelligence Offices, -
licenses for----------------------- 40, 43
Intent, -
of donor in gifts in tail to be observed,
limitation of alienation. ------ 58, 34
to destroy property with unlawful entry
16, 28
to kill, with housebreaking - - - - - - - 16, 29
Interment,
of the dead must be reported. - - - - - 28, 10
by the coroner------. . . . . . . . . . . . . 14, 1
Interest and U8wry,
rate of "interest allowed; exception next
section ------------------------ 32, 1
rate of interest allowed on special con-
tracts; limit to ---------------- 32
-
- e 5
unlawful contracts relating to interest;
illegal interest can not be recovered,
- 32, 3
recovery of unlawful interest paid or
taken ---------------- - - - - - - - - - 32, 4
banking laws generally not changed by
previous Sections . . . . . . . . • - - - - - 32, 5
Interest, -
on bonds, how payable. ----. -----. 17, 13
appropriations for---------------- 17, 16
appropriation balances to be consoli-
dated ------------------------ 17, 18
on registered bonds- - - - - - - - - - - - - - - 17, 22
on judgments on contracts - - - - - - - - 34, 21
on judgments in tort - - - - - - - - - - - - - - 34, 21
on judgments on forthcoming bond. 34.2
on judgment of justices of peace. . .37, 20
on loans by pawnbrokers. (See Cap. 53.)
on deferred and delinquent taxes, (See
Cap. 65.) -
Page. Interlineation,
when not conclusive in judgments and
95 records----------------------- 55, 92
Inlerlocutory judgments, -
98 || when not abated.-----------------34,15
278 Imlerrogatories, -
2'ſ to garnishee, must be answered --55, 115
11 | to plaintiff by defendant, etc - - - - - 10, 40
Intestates, - -
lands escheating, how creditors are paid,
58, 38
InteStacy,
551 proof of death of intestate before admin-
263 istration. ----------------------i, 41
Żóſ and estates of intestates. (See Estates
554. of Imtestates.)
| | Intimidation,
or corruption of jurors, penalty, etc.,
354 - - - - * j
260 | Intocication,
of steam engineers, punishment of.-63, 5
260 Inventory,
penalty for neglect to return by admin-
442 trators and executors - - - - - - - - - - - 1, 71
443 of debts and moneys, by administrators
and executors------------------ 1, 73
334 when need not be exhibited by adminis-
trators and executors. -- - - - - - - - - 1, 80
Investment,
204 || of personal estate by administrators and
executors---------------------1, 135
J.
262 Jail,
Warden of, appointment and removal of,
347 - 33, 1
347 Warden's term of office. - - - - - - - - - - - 33, 2
445 warden's salary-------------------- 33, 3
202 Warden's bond--------------------- 33, 4
Warden, powers and duties of. - - - - - 33, 5
labor of prisoners, how regulated, etc.,
t 33, 6
347 commitments of marshal not to be inter-
fered with by preceding sections.
3, 7
496 delivery of prisoners to marshal, when,
33, 8
161 subordinate officers, by whom and when
161 appointed.--------------------- 33, 9
rules for government, etc., of prisoners,
- 262 shall be made by Supreme court,
113 33, 10
report, Warden shall make annually,
33, 11 -
283 judgment of death to be executed by
Warden---------------------- 33, 12
283 death punishment shall be by hanging,
y
place of execution of condemned, where,
283 33, 14
officers required to attend at executions,
283 33, 15
who may be present at executions,
283 - y
who shall not be present at executions,
189 33, 17
190 subsistence of prisoners, by whom paid,
190 felons and prisoners for debt, shall not
191 be lodged together. (NOTE.-Ne
291 eveal; capias)-----------------33, 19
291 officials not to take rewards. ...... 16,68
291 Jamitors,
311 of public schools, duties of- - - - - - - - 57, 34
Jeofails, - • -
statutes of, extended to judgments,
3. */
284
284.
284.
696
INDEX.
Jewels,
of orphans, when not liable to levy,
5
Joint Interest,
of infants and insane, in lands may be
partitioned.---- - - - - - - - - - - - - - - - 10, 76
Joint Judgments,
When Void------------------------- 34, 1
Joint Tenants, - }
action of, against one another - - - - 55, 34
Judgments,
courts shall give judgments without re-
garding immaterial defects. (NOTE.-
Judgments and records of sister
States, how authenticated; when
joint judgment is void against con-
stables; assignment of judgment
satisfied by surety; how kept alive.)
34, 1
proviso, as to prosecutions and penal
Statutes - - - - - - - - - - - - -34, 2
after verdict, judgments shall not be
stayed or reversed for variance or
defect of form - - - - - - - - - - - - - - - - - 34, 3
proviso, as to prosecutions and popular
and penal statutes. - - - - - - - - - - - - 34, 4
after verdict, judgments shall not be
stayed or reversed for defect of form,
etc.---------------------------- 34, 5
proviso, as to prosecutions and penal
action------------------------ 34, 6
When Scire facias may be had on a judg-
ment after the year. - - - - - - - - - - - 34, 7
When execution may issue on any judg-
ment with stay of execution, etc.,
34, 8
in ejectment or dower, no judgment
shall be stayed, unless bond exe-
cuted.--------------------- - - - -34, 9
proviso to previous section; not to extend
to executors or administrators,
penal actions, etc. (NOTE.-This act
extended to writs of mandamus.)
34, 10
death of either party to suit, between
verdict and entry of judgment, not
error, When------------------ 34, 11
after judgment, by or in name of exec-
utor, or administrator; adminis-
trator de bomis mom may revive by
scire facias or issue execution -- 34, 12.
on power of attorney relating to bond,
judgment shall not be confessed.
(NOTE.-Judgment confessed by
partnership, when Void) - - - - - - 34, 13
final judgment may be entered on inqui-
sition of damages, after interlocu-
tory judgment. (NOTE. — Form of
inquisition, etc.). -- - - - - - - - - - - 34, 14
after interlocutory judgment, death of
party shall not abate action; Scire
facias, writ of inquiry and final
judgment-------------------- 34, 15
date of judgment must be entered on
docket, etc.--------...---------- 34, 16
judgments as against purchasers of lands
shall relate only to day of signing
, 17
recognizances to be enrolled and bind
lands from date of enrollment. 34, 18
to affect lands judgment must be dock-
eted ------------------------- 34, 19
judgments set aside for fraud, etc.,
cause may be reinstated, when.
(NOT E. — Fraudulent judgment,
Void). ------------------------34, 20
Page, Judgments—Contiued.
- interest on judgments at common law
227 on contracts, What and when it
begins to run (for interest gen-
2. erally, see title Interest and Usury).
98 (NOTE.-In tort, bear interest from
date to satisfaction; how regulated
287 on plea of set-off; for less than juriš-
dictional amount do not carry costs.)
447 34, 21
upon dissolution of injunction on judg-
ments for money, 10 per cent dam-
ages awarded.---------. -- - - - - 34, 22
interest included in judgment in case
of forthcoming bond - - - - - - - - - 34, 23
When injunction granted and partially
enjoined, damages may be regulated
by court ---------- - - - - - - - - - - - 34, 24
287 in plea of Set-Off------, - - - - - - - - - - - 55, i5
must be for jurisdictional amount. 55, 15
287 by default in suits on open account-55, 16
how affidavit verified - - - - - - - - - - 55, 17
on demurrer regardless of defects in
287 Writ ------------------------- 55, 36
after verdict, defects cured. . . -- - - 55, 37
287 on Verdict, when no stay - - - - - - - - - 55, 38
subject to statutes of jeofails---.55, 4
by confession.------------------- 55, 53
287 on bail bond -- - - - - - - - - - - - - - - - - - -. 55, 64.
not reversed for erasures and inter-
288 lineations-------------------- 55, 92
after demurrer joined not affected by
288 defects---------------------- 55, 96
where attachment issued - - - - - - - - 55, 105
must be tendered in money - - - - - - 55, 166
289 of justice of peace, plaintiff's receipt,
etc.--------------------------- 37, 34
When a lien - - - - - - - - - - - - - - - - - - - -37, 35
289 by default, when (sec. 825, R. S. D. C.)
* 37, 19
on Verdict --------------------- 37, 30
renewal of by Sci. fa - - - -. - - - - - - 37, 21
interest on. - - - - - - - - - - - - - - - - - - - - 37, 20
289 execution when issued on copy-37, 33
against coroner for failure to return
. original Writ. -- - - - - - - - - - - - l4, 11,12
289 on a Ward, When-------------------- 5, 1
may be entered, When - - - - - - - - - - - - 5, 2
in equity, in rem, or personal- - - - - - 10, 3
in equity, how enforced. - - - - - - - - - 10, 44
289 specialbailwhen creditor of estates -l, 110
what bind executors and administra-
tors --------------------------- l, 42
against executors and administrators,
289 how Satisfied - - - - - - - - - - - - - - - - - - l, 94
when against executors and adminis-
trators ------------------------ l, 95
Judiciary: Supreme Court.
290 organization.
chief justice and associate justices, ap-
pointment and term of office. --35, 1
additional associate justice provided a
290 • 35, 2
salaries of justices, when paid - - - - -35, 4
290 oath of justices------------------- 35, 5
judges not to practice law, etc., pen-
alty-------------------- • - - - - - - 35, 6
290 relatives of judge not to be appointed
officer of his court. - - - - - - - - - - - - 35, 7
291 when justice may resign and retain salary
for life------------------------ 35, 8
291 terms.
y general and special terms; their proceed-
ings; the right of appeal. (NOTE.-
- Court of appeals). ... -- ** * * * * * * * 35, 9
291 how composed.-----------------. 35, 10
Page.
291
291
292
443
443
444
444
447
294
294
INDEX. - |
697
Judgments—Continued.
terms—continued.
general term may be held by two judges;
proceedings on division; no judge to
sit on hearing on appeal from his own
decision. (NOTE) - - - - - - - - - - - - 35, 11
reargument, when general term equally
divided in opinion. (NOTE)-. 35, 12
regulation of terms amended.----. 35, 13
terms required to be held annually-35, 14
designation of justices fo hold special
terms - - - - - - - - - - - - - - - - - - - - - - - - 35, 15
two circuit courts to sit at Same time,
35, 16
justice holding criminal term may also
hold circuit court; minutes, how
recorded --------------------- 35, 17
justice holding circuit court may sit in
criminal cases; how minutes re-
corded .... -------------------35, 18
jurisdiction.
jurisdiction of supreme court, same as
circuit courts of United States.
(NOTE) - - - - - - - - - - - - - - - - - - - - - - - 35, 19
powers of justices---------------> 35, 20
jurisdiction as a district court of United
States.------------------ ------35, 21
general jurisdiction; one justice ma
hold criminal court - - - - - - - - - - - 35, 22
jurisdiction of the criminal court. 35,23
thirty-third section. Judiciary act
applicable to courts created by Con-
gress in this District - - - - - - - - - 35, 24
any justice of the peace may arrest for
crimes against the laws of the United
States; , recognizance to be returned
to clerk's office; offender may be
removed by warrant; bail admitted,
when ; bail, how taken - - - - - - - 35, 25
jurisdiction under copyright and patent
laws ------------------------- 35, 26
in divorce cases----------------35, 27
original actions limited, except when,
35, 28
powers of court in common law and
equity callses ---------------- 35, 29
amount required to give jurisdiction,
35, 30
court shall adopt rules. ----------- 35, 31
justices may administer oaths to United
States officers - - - - - - - - - - - - - - - - 35, 32
courts have power to impose oaths and
punish contempts; proviso. . . .35, 33
appellate jurisdiction.
appeals from special to general terms.
(NOTE). ---------------------- 35, 34
appeals from police court. (NOTE)-35, 35
appeals from justices of the peace;
deposit for costs; docketing case;
summons to appellee. --------- 35, 36
summary of trial-- - - - - - - - - - - - - - 35, 37
trial by jury or Court - - - - - - - - - - - 35, 38
when appellee fails to appear, proce-
dure, ------------------------- 35,
when appellant fails to prosecute,
35, 40
when appeal shall not be dismissed,
35, 41
appeals from Commissioner of Patents.
(NOTE) - - - - - - - - - - - - - - - - - - - - - - - 35, 42
Page.
Page-
299
300.
300
300
300
300
297
450
writs of error and appeals. (NOTE. –
Conviction of capital crimes). .35, 43
removal of causes to Supreme Court
of the United States.
not allowed unless amount involved is
more than $5,000. (NOTE). . . .35, 44
Judgments—Continued.
removal of causes to Supreme Court
of the United States—Continued.
previous section not to apply to cases
involving validity of a patent or
copyright; treaty, statute or author-
ity exercised under United States,
- 35, 45
no supersedeas or stay ofExecution except,
When. (NOTE) - - - - - - - - - - - - - - - 35, 46
powers of orphans court shall be exer-
cised by justice holding special term
of supreme court. (NOTE.-Regis-
ter of Wills to record decrees and
orders)----------------------- 35, 47
orphans court abolished; laws relating
thereto continued in force - - - -35, 48
jurisdiction of court as to probate and
administration - - - - - - - - - - - - - - -35, 49
general jurisdiction and powers as an
orphans court ---------------- 35, 50
court may compel persons to attend and
testify in special term for orphans
court------------------------- 35, 51
process to be served by marshal and
COTODeT - - - - - - - - - - - - - - - - - - - - - - - 35, 52
sequestration of goods where party
fails to appear. -----------...--. 35, 53
plenary proceedings regulated. -35, 54
issues to be made up and jury trial,
35, 55
when appeal shall not stay proceed-
ings-------------------------- , 5
limitation upon jurisdiction; disposi-
tion of sequestered property. .35, 57
Judiciary Act,
thirty-third section of applicable to su-
preme court of District - - - - - - - 35, 24
Junk Shop,
license of.-------- * = • - - - - - - - - - - - - - 40, 47
Junk Dealers,
rules concerning-- - - - - - - - - - - - - - - - - 19, 66
Jurisdiction,
of supreme court of District, same as
circuit courts of the United States,
35. 19
of supreme court of District as a district
Court------------------------- 35, 21
same as criminal court - - - - - - - - - - 35, 23
same under copyright and patent,
laws ------------------------- 35, 42
same in divorce cases. -- - - - - - - - - 35, 27
in mechanics’ liens - - - - - - - - - - - - - - 45, 5
of supreme court of District in causes
of death inflicted in one, death ensu-
ing in another jurisdiction - - - - - 16, 9
of justices of the peace. (See Cap. 37.)
not to exercise criminal . -- - - - - - - - 37, 8
over roads and bridges, vested in Conu-
missioners--------------------- 29, 2
Jurisdictional Amount,
to maintain actions in Supreme court of
District ---------------------- 35, 30
Jurors,
may be challenged when interested in
trial of lives in being - - - - - - - - 55, 47
in trials by justices of peace, qualifica-
tions for---------------------- 37, 24
oath of.------------------------ 37, 26
talesmen ----------------------- 37,25
Jury,
lists of jurors to be made, by whom, etc.
(NOTE.-Penalty for intimidating or
corrupting jurors) - - - - - - - - - - - - 36, 1
names for lists, how selected. - - - - - - 36, 2
qualifications of jurors. - - - - - - - - - - - 36, 3
jury box, how names of jurors placed
therein ------------------------ 36, 4
311
312.
311
303
303
303
303.
698
INDEX.
Jury—Continued.
when persons drawn as jurors do not
serve, their names to be returned to
jury box ----------------------36, 5
custody of the box. - - - - - - - - - - - - - - - 36, 6
jurors in Capital cases. - - - - - - - - - - - - 36, 7
notice to jurors of their selection, when
and by whom served - - - - - - - - - - 36, 8
notice to jurors, how served. - - - - - 36, 9
return of service of notice. - - - - - - 36, 10
juror failing to attend, after notice,
benalty ---------------------- 36, 11
additional names, when drawn from
box -------------------------- 36, 12
resealing of jury box. -- - - - - - - - - - 36, 13
selection of additional jurors, in cases
of vacancies, persons not found, ex-
cused, or incompetent - - - - - - - - 36, 14
completion of panel, except in capital
cases, by drawing from box, or by
talesmen in discretion of court. 36, 15
when names in box all dra Wu out, etc.;
grand and petit jurors, how ob-
tained ----------------------- 36, 16
vacancies in grand and petit juries, how
filled------------------------- 36, 17
terms of service of jurors -- - - - - - - 36, 18
of grand jurors-- - - - - - - - - - - - - - - - 36, 19
discharge of grand juries - - - - - - - - 36, 20
when and how grand jurors and petit
jurors shall be drawn; proviso; ju-
rors actually impaneled in a cause
liable to serve until lawfully dis-
charged ---------------------- 36,21
foreman of grand jury, appointment
and powers of. - - - - - - - - - - - - - - - 36, 22
special oath of grand jurors. (NOTE.-
For oath and additional oaths of
grand and petit jurors) - - - - - - 36, 23
jurors may be challenged (principal)
who have served within a year be-
fore-------------------------- 36, 24
challenge of jurors - - - - - - - - - - - - - - 36, 25
When peremtory challenges exceed num-
ber allowed by law, excess disal-
lowed, etc.-------------------- 36, 26
who may be excused from service as
jurors; reasons for being excused,
36, 27
exemption for one year after service;
proviso; limit of consecutive serv-
106 - - - - - - - - - - - - - - - - - - - - - - - - - - - 36, 28
persons exempt from jury duty
36,29, 30
mo person having case pending at same
court can act as juror - - - - - - - - 36, 31
verdict can not be set aside because of
preceding section. ----------- 36, 32
ground for challenge of juror (see pre-
ceding two sections) - - - - - - - - - 36, 33
collusion with respect to drawing of
jurors; penalty of officer. - - - - 36, 34
collusion of clerk with respect to draw-
ing of jurors, penalty - - - - - - - - 36, 35
compensation of jurors - - - - - - - - - - 36, 36
struck jury, twenty persons to be
drawn ----------------------- 36, 37
talesmen for struck jury - - - - - - - - - 36, 38
venire facias, writ of, how issued, served,
and returned. - - - - - - - - - - - - - - - - 36, 39
coroner's jury, number and pay - - - - 36, 40
no indictor shall try the party in-
Page, Jury—Continued.
grand, Special oath to... ---. . . . . . 55, 156
charge to---------------------- 55, 157
303 on coroner's inquest. . . . . . . . . . . . . . . 14, 1
303 || Justices,
303 of Supreme court, appointment of,
salary of; resignation, etc. (See
304 Cap. 35.)
304 holding criminal term may hold circuit
304 court ------------------------ 35, 17
holding circuit court may hold criminal
304. court -----------------. . . . . . . 35, 18
Justices of the Peace, - t
304 President may appoint fifteen justices.
304 Term of; jurisdiction of; unfinished
business of and transcripts of... 37, 1
expiration of term of certain justices;
304 deposit of their docket and tran-
scripts of, by clerk supreme court,
+. 37, 2
304 bond of, form and amount of . . . . . . 37, 3
oath of office ---------------------- 37, 4
general powers and duties. -- - - - - - - 37, 5
304 rules and forms for, to be prescribed by
Supreme Court - - - - - - - - - - - - - - - - 37, 6
304 jurisdiction of. -------------------- 37, 7
305 criminal jurisdiction, not to exercise,
305 37, 8
305 may issue warrants returnable to police
Court ------------------------- 37, 9
docket of, justice to keep - - - - - - - - - 37, 10
docketing of cases, liability of, for failure
to---------------------------- 37, 11
305 nonresidents must first give security for
costs before entering suit - - - - - 37, 12
305 original writs of, in civil cases, when to
issue, etc. -------------------- 37, 13
warrants shall be directed to constable,
305 37, 14
warrants and executions issued by, when
returnable ------------------- 37, 15
305 continuances of cases not to exceed four-
305 teen days - - - - - - - - - - - '• - - - - - - - - 37, 16
removal of cases to other justices, how,
37, 17
306 witnesses, power to compel attendance of,
- 36, 18
trials and judgments. New trial, when ;
306 judgment by default, when, (see
mote to this section) - - - - - - - - - - - - 37, 19
interest on judgments of -- - - - - - - - - 37, 20
306 judgments, renewal of, by scire facias,
j
306 trial by jury, in case of, parties may de-
mand ------------------------ 37,22
306 venire, when jury trial demanded. 37, 23
jurors, qualifications of. -- - - - - - - - - 37, 24
306 talesmen ------------------------- 37,25
jurors, oath of.------------------- 37,26
307 trial public ---------------------- 37, 27
constables, oath of - - - - - - - - - - - - - - - 37, 28
307 verdict on trial by jury - - - - - - - - - - - 37, 29
judgment and execution in cases tried by
307 jury ------------------------- 37, 30
307 fieri facias, when empowered to issue, 3
37, 31
307 execution, property subject to - - - -37, 32
307 execution upon copy of judgment of
another justice of the peace . . . 37, 33
307 plaintiff’s receipt...--------------- 37, 34
308 judgments of, when a lien - - - - - - - - 37, 35
Stay of execution. -- - - - - - - - - - - - - - - 37, 36
303 how entered.------------------- 37, 37
when no stay shall be allowed. . . . 37, 38
expirations of time of supersedeas, to
311 enter judgment against whom. 37, 39
appeals to Supreme Court. -- - - - - - - 37, 40
443 bond on appeal. ------------------ 37, 41
Page.
474.
475
113
295
308
309
309
309
309
309
309
310
310
310
310
310
310
310
310
310
310
3.11
311
311
311
. 311
311
311
311
312
312
312
312
312
dicted j
trials in police court, (See note at foot
of Cap. 56.)
trials before justices of peace - - - - 37, 19
trials, when case begun and another
term intervenes. - - - - - - - - - - - - - - 55, 9
* * * * * * * * * * * * * * * * * * * * * * *
312
312
312
312
312
313
313
313
313
313
313
INDEX.
699
Justices of the Peace—Continued.
papers to be filed, where, on appeal,
42
commission of, when void ....". -- .37. 43
removal of, by Supreme court. . . . . 37, 44
fees of, fixed by supreme Court - - - - 37, 45
when sued may plead general issue, etc.,
- 37, 46
may make tender in bar of action. 37, 47
their jurisdiction in landlord and tenant
CaSOS - - - - - - - - - - - - - - - - - - - - - - - 38, 8–13
process of to arrest in crimes against the
United States ---------------- 35, 25
. Juvenile Offenders,
Where confined ----------------- 55, 163
R.
Keeping faro table or gaming table -- 16, 47
..ICeepers,
of penitentiary. ------------------ 53, 14
J(nowledge, .
carnal, of girls under 16 years of age,
j
L.
\Labor, g
of convicts in penitentiary. -53, 10, 11, 27
.Lamps, - e &
to be maintained out of city limits. L9, 43
public, use of.------------------- 16, 116
Lands, - e
wills disposing of must be in Writing,
- 70, 4.
, after acquired, may be devised - - - - 76. 9
women may devise when 18 years old,
wº 5
for use of aqueduct, how taken, appraised,
etc.-- - - - - - - - - - - - - - - - - - - - - - - 68, 49–54
records of District to show sales for taxes,
65, 74
platting and subdivision of.---58, 39–43
for school sites, how acquired. (See
Cap. 37.)
vconveyed by United States for public
schools to be used for that purpose
only----------------------- 57, 27, 28
by whom and how partitioned. (See
Cap. 51.)
-caribe attached for debt of ancestor when
descended to a nonresident -- 55, 111
Page, Lands—Continued. -
where heir may avoid dower in . . . . 1, 169
313 admeasurement of dower in . - - - - - - 1, 170
313 || warrants for, assets of administrators and
314. executors---------------------- l, 83
314 || Landlord and Temant,
power of seizure of chattels for rent by
314 landlord in person abolished. . .38, 1
314 landlord to have tacit lien on chattels on
premises ---------------------- 38, 2 .
310 how tacit lien may be enforced - - - -38, 3
tenancy at will and by sufferance ... 38, 4
296 how determined-- - - - - - - - - - - - - - - - - - 38, 5
prior contracts not affected - - - - - - - - 38, 6
476 attornment by tenant to stranger vold,
38, 7
forcible entry and detainer, etc.; remedy
and procedure - - - - - - - - - - - - - - - - - 38, 8
summons to defendant, how served. 38, 9
165 trial and judgment; execution for costs,
38, 10 ”
429 When defendant pleads title, proceed-
ings-------------------------- 38, 11
appeals, how taken and tried - - - - - 38, 12
160 appeal by defendant, additional bond
required --------------------- 38, 13
if jury find for plaintiff, it shall assess
damages; on default court shall
428,430 &SS6SS - - - - - - - - - - - - - - - - - - - - - - - - 38, 14
fees of justice and officer - - - - - - - - - 38, 15
203 Government not to rent buildings except
178 under appropriations. - - - - - - - - 38, 16
a distress shall not be driven out of the
- county, and it shall be reasonable,
557 38, 17
558 agents to account; remedy for failure,
y
557 waste by tenants; answerable in dam-
8,908 - - - - - - - - - - - - - - - - - - - - - - - - - 38, 19
549, 550 damages and costs recoverable in several
actions. ---------------------- 38, 20
535 action of Waste against several tenants,
497, 498 38, 21
process in action of Waste; inquiry,
38, 22
deeds and assignments by forcible entry-
men Void. -------------------. 38, 23
486 damages for forcible entry and detainer,
38, 24
limitation as to preceding section .38, 25
lessees of owners liable for waste by
466 assignees; proviso - - - - - - - - - - - - 38, 26
like process in every writ of annuity and
290 covenant as an attion of debt; action
291. upon 5 Richard II like trespass. 38, 27
leases by tenants in fee or for term of life,
291 When valid. Lease for seven years or
lmore must be recorded - - - - - - - - 38, 28
proviso to preceding section - - - - - - 38, 29
243 proviso to second next preceding sec-
222 tion-------------------------- 38, 30
f proviso to third next preceding sec-
209 tion.------------------------- S8, 31
grantees of reversioners may take advan-
tage of Covenants, etc., against les-
S00S - - - - - - - - - - - - - - - - - - - - - - - - - - 38, 32
lessees to have advantage of covenants
71 against grantees of reversions. 38, 33
executors or administrators of tenants in
71 fee, etc., may recover arrearages of
Tent and distress of same. - - - - - 38, 34
20 husband's remedy for rent due in the
right, and in the life and after death,
20 of Wife, etc.------------------ 38, 35
21 executors or administrators of life ten-
ant may sue lessee for rent due and
37 distrain . . . . . . . . .------------- 38, 36
Page.
37
38
19
316
316
316
316
316
316
316
317
317
317
317
317
317
318
3.18
3.18
3.18
3.18
3.18
3.18
319
319
319
319
319
320
when judgments affect purchases of,
-- - 34, 17
docket entries effect - - - - - - - - - - - - - - 34, 19
ibound by recognizances from date of en-
rollment --------------------- 34, 18
encumbered to secure gambling debts
void; and the person entitled as if
grantor were dead to take- - - -25, 12
liable to sale on execution - - - - - - - - - 21, 2
“of United States not to be used for Dis-
trict buildings - - - - - - - - - - - - - - - 19, 73
Theld in trust, or under contract to con-
vey, power of court over, (See Cap.
10.) -
pretended rights in, when may be bought,
- 3 4
“When party in possession may purchase,
y
proceeds of sale by executor, not per-
Sonalty. -------- - - - - - - - - - - - - - - - l, 84
. Sale of by one or more executors, valid,
l, 85
: sale of by executors, proviso to - - - -l, 86
wife endowable in when recovered
against husband. . . . . . . . . . . . . . 1, 169
3
2
3
3
2
3
700
INDEX.
Landlord and Tenant—Continued.
sale of goods distrained for rent -- 38, 37
corn, hay, etc., on leased premises may
be seized and detained for rent due,
and Sold-- - - - - - - - ------------- 38, 38
treble damages for pound breach -- 38, 39
damages and costs against wrongful dis-
trainer. -- - - - - - - - - - - - - - - - - - - - - 38, 40
goods taken in execution, subject to pay-
ment of rent due by plaintiff, to be
refunded out of goods levied--38, 41
arrears of rent, action for against life tem-
ant -------------------------- 38, 42
sale of goods distrained, etc. - - - - - 38, 43
arrears of rent on expired lease, how dis-
trained ---------------------- 38, 44
double rent collected against tenants,
etc., willfully holding over- - -38, 45
Teentry of lessor when rent is six months
in arrears; when lessor may recover
in ejectment; rights of mortgagee
of lease.--------------------- 38, 46
proceedings in ejectment not to be en-
joined except by payment into court
of money to cover arrearages of rent
and costs, etc ---------------- 38, 47
ejectment suit to cease, tenant paying
all rent due and costs - - - - - - - - 38, 48
recovery of seck, etc., rents, etc.; limita-
tion-------------------------- 38, 49
chief leases may be renewed without sur-
render of all under leases - - - - - 38, 50
goods fraudulently carried off, leased
premises may be distrained wherever
found, within thirty days, for rent
due ; sale 38, 51
proviso to next preceding section, as to
bona fide sales. - - - - - - - - - - - - - -38, 52
damages payable to landlord by tenant
and those assisting for fraudulently
removing goods, etc., from leased
premises --------------------- 38, 53
recourse of landlords to recover value of
the goods fraudulently carried off
the leased premises. -- - - - - - - - - 38, 54
appeal by defendants- - - - - - - - - - - - - 38, 55
landlords may break open house to seize
goods fraudulently secured therein,
38, 56
landlords may distrain stock, cattle, or
crops of tenant on leased premises
for arrears of rent. - - - - - - - - - - - 38, 57
notice of lodgment of ºperty dis-
trained; payment of ſent due; crops
not to be cut----------------- 38, 58
property distrained may be secured and
sold on the premises; appraisement,
selling, etc.; provision against pound
TCSCUle - - - - - - - - - - - - - - - - - - - - - - - 38, 59
attornments by temānts void; exceptions,
38, 60
tenant to notify landlord of ejectment
Inotice served- - - - - - - - - - - - - - - - -38, 61
in ejectment against tenant landlord
may become party. - - - - - - - - - - - 38, 62
rent for use and occupation recovered
where demise not by deed - - - -38, 63
rents recoverable from under tenant
where life tenant dies before expira-
tion of lease------------------ 38, 64
tenant liable to pay double rent for hold-
ing after time they fixed for quit-
ting ------------- ‘. - - - - - - - - - - -38, 65
tenant may recover damages for irregu-
larities in lawful distraint. - - - 38, 66
proviso to preceding section. ----. 38,67
*
326
327
329
329
333
333
334
Pagé-
Landlord and Tenant—Continued.
general issue pleadable in actions against
persons entitled to rents; defendant,
When may recover double costs,
38, 68
landlord’s plea in replevin of distress;
-costs on nonsuit, etc. - - - - - - - - - 38,69
infants, lunatics, and femmes covert en-
abled to surrender leases in order to
renew the same - - - - - - - - - - - - - - 38, 70
charges, etc., for renewing such leases
to be paid out of estate of party
benefited.--------------------- 38, 71
renewed leases to be subject to same
trusts, etc., as surrendered leases,
38, 72.
surrenders and renewals valid, legal as
if, etc.------------------------38, 73
lunatics entitled to renew leases, their
guardians and committees to accept
surrender of old and grant new
leases---------------------- - -38, 7.4
such renewals to be valid, etc. - - -38, 75
net moneys received for renewal of such
leases to be paid to committee, etc.:
distribution of unexpended balance
164,
on death of lunatic. - - - - - - - - - - 38, 76
trials, plea of title ------- - - - - - - - - 38, 11
Jandlord, • - -
personal power of seizure of goods of
- tenant for rent, abolished - - - - -38, 1
to have tacit liem for rent - - - - - - - - - - 38, 2
Language,
of pleadings must be lºnglish - - - - - 55, 27
of proceedings in court must be English,
55, 28
Larceny,
grand---------------------------- l6, 40
or destruction of bills, etc - - - - - - --lo, 41
petit, etc. ---------------------16, 44, 59
attempt to commit. - - - - - - - - - - - - - - l6, 46
from the person ------------------ 16, 45 s.
Law8, |
all laws of the United States not locally
inapplicable---- -------------- 39, 1
certain laws of Maryland continued in
force-------------------------- 39, 2
temporary statutes of Maryland adopted
for District of Columbia continued
in force----------------------- 39, 3
laws and ordinances of Washington,
Georgetown, and levy court contin-
ued in force------------------ -39, 4
definitions, number, gender, insane per-
son, officer, and oath - - - - - - - - - - 39, 5
definition of “vessel”. - - - - - - - - - - - - 39, 6
definition of ‘‘ vehicle'' - - - - - - - - - - - 39, 7
definition of “ company ” or ‘‘ associa-
tion” ------------------------- 39, 8
commission to compile the laws of the
District of Columbia - - - - - - - - - - 39, 9
compensation to the commissioners and
for incidental expenses. - - - - - - 39, 10
compilation to be printed, price -- 39, 11
repeal of certain acts of Congress passed
prior to December 1, 1873. - - - - 39, 12
repeal of laws of Maryland assembly
passed prior to April 26, 1704. .39, 13
repeal of all prior laws inconsistent
with Maryland statute of wills and
duties of personal representatives,
guardians, and rights of orphans,
39, 14
of Congress passed prior to December 1,
1873, certain of them repealed. 39, 12.
334.
334.
INDEX.
701
law8–Continued. Page, Licenses—Continued.
relating to public schools, construed, penalty for not taking out licenses.-40, 4
3. 483 each pursuit to be licensed - - - - - - - - 40, 5
property and persons, subject to exist- only good for location named, when -40, 6
ing --------------------------- 19, 6 198 penalty for nonresident using license
continued in force--- . . . . . . . . . . . . . . 19, 7 198 issued to resident - - - - - - - - - - - - - 40, 7
Laying Pavements, J no license required for selling wood,
brovisions as to -- - - - - - - - - - - - - - - - - 19, 57 205 etc., brought in carts, etc. - - - - - - 40, 8
JLeap year, when livery stables and wood, coal, and
the 29th of February, how considered, lumber yards may be licensed. -40, 9
19, 94 212 license to sell liquor by the drink, how
Leases, obtained --------------------- 40, 10
for more than seven years to be ac- same sold in mineral or other Waters,
knowledged and to be recorded, 40, 11
58, 16 : 492 apothecaries may sell liquors as med-
to be recorded. -- - - - - - - - - - - - - - - - 38, 28 320 icine without license; oath of .40, 12
by tenants in fee, etc. - - - - - - - - - - - - 38, 28 320 business places not to be kept open on
(chief) renewal of surrender of under t Sunday ---------------------- 40, 13
leases------------------------ 38, 50 328 no license for sale of liquor within a
(under) when chief may be renewed mile of Soldiers' Home. - - - - - - - 40, 14
Without Surrender of. - - - - - - - 38, 50 328 undertakers, when to take out license,
may be surrendered by infants, lunatics, 40, 15
and married Women... - - - - 38, 70–75 335, 336 auctioneers and real-estate agents; pen-
Lessee8, t - alty for noncompliance. -- - - - - 40, 16
of owners liable or waste - - - - - - - -38, 26 320 “capital invested” defined. - - - - - - - 40, 17
to have advantage of certain covenants, tax on sales, etc., how collected, etc.,
38, 33 322 , 18
Legacies, carts, etc., to loe numbered; penalty for
Specific; when delivered - - - - - - - - - - 1, 132 31 noncompliance--------------. 40, 19
Legal interest, . lists of licensees of hacks, etc., to be
when greater contracted for; limit; kept ------------------ - - - - - - - 40, 20
recovery of illegal. (See Cap. 33.) license for each insurance company,
Legislation, - 40, 21
for District, exclusively in Congress, apothecaries --------. .* * * * * * * * * * * * 40, 22
19, 1 198 auctioneers - - - - - - '---------------- 40, 23
Legislative assembly, commercial agents --------------. 40, 24
abolished.------------------------ 19, 14 199 bankers-------------------------- 40, 25
Legitimacy, bill-posters----------------------- 40, 26
of colored children. - - - - - - - - - - - 30, 21, 22 274 bar and sample rooms, etc -------. 40, 27
of certain children of divorcees. 30, 38–40 276,277 beer gardens --------------------- 40, 28
Letters, * - billiard and other tables. - - - - - - - - - 40, 29
testamentary not to issue where caveat bowling alleys ------------------- 40, 30
filed ------------------------ - 70,25 561 breWers -------------------------- 40, 31
testamentary, administration and col- brokers -------------------------- 40, 32
lection. (See Cap. 1.) commission merchants. -- - - - - - - - - - 40, 33
Lévy, * cattle and horse brokers, pawnbrokers,
of chattels; how affected by death of ... 4 40, 34
marshal ----------------------. 21, 1 222 butchers to pay rent - - - - - - - - - - - - - .40, 35
* Levy Court, - concerts, exhibitions, and balls for gain,
laws and ordinances continued in force, - 40, 36
39, 4 338 circuses-------------------------- 40, 37
powers of, continued for certain pur- distillers------------------------- 40, 38
POS6S - - - - - - - - - - - - - - - - - - - - - - - - - 19, 9 199 dealers in distilled liquors, etc. . . .40, 39
Liability, . produce dealers - - - - - - - - - - - - - - - - - - 40, 40
of shipowners to freighters for things hacks, cabs, Omnibuses, etc. . . . . . . 40, 41
embezzled--------------------- 62, 1 510 hotels--------------- ; * * * * * * * * * * * * * 40, 42
of heir and devisee, when joint . . .70, 38 563 intelligence offices - - - - - - - - - - - - - - - -40, 43
of city of Washington, funded, etc.17, 15 190 fire-insurance companies... --- - - - - - 40, 44
of stockholders in corporations. (See life-insurance companies. - - - - - - - - - 40, 45
Cap. 15.) - - insurance agents - - - - - - - - - - - - - - - - - 40, 46
of trustees and directors for false state- junk shop-----------------------. 40, 47
ments, etc. (See Cap. Z5.) livery stables - - - - - - - - - - - - - - . . . . . .40, 48
of coroner for failure to return execu- grounds used for horse racing and tour-
tion-------------------------- 14, 11 117 naments.---------------------- 40, 49
to do original Writ - - - - - - -. - - - - - sº es 14, 12 117 peddlers; definition of peddler. . .40, 50
of executors and administrators. (See real-estate agents - - - - - - - - - - - - - - - - 40, 51
Cap. 1.) rectifiers -- - - - - - - - - - - - * * * * * * * * * - - - - 40, 52
of widow, etc., for waste - - - - - - - - - l, 162 36 restaurants and eating houses. . . .40, 53
Libels, - theaters-------------------------. 40, 54
Truth of, may be shown, etc - - - - - 55, 158 475 Variety theaters. -- - - - - - - - - - - - - - - - 40, 55
Licenses, - contractors; definition of contractor,
licenses required by following sections, - 40, 56
---, 40, 1 340 book agents.--------------------. 40, 57
oath of applicant for; certificate for, how illuminating gas - - - - - - - - - - - - - - - - -40, 58
obtained; form of; transfer of. claim agents --------------------. 40, 59
(NOTE.-Refunding of d e posit patent agents -------------------- 40, 60
money) ------------------------ 40, 2 340 ice dealers------------------------ 40, 61
time from which licenses shall run...4.0, 341
definitions of persons and gender . .40, 62
Page.
345
346
346
346
346
346
346
346
346
347
347
347
347
347
347
347
347
347
348
348
348
348
348
348
348
348
349
349
349
702
INDEX.
Licenses—Continued.
provisions for police regulations contin-
ued in force -----------------. 40, 63.
recovery of fines; informer’s share. 40, 64.
intelligence offices; penalty for not ob-
taining license - - - - - - - - - - - - - - - 40, 65
recovery of fines, etc. ...----. - - - - - - 40, 66
carriages and other vehicles for hire, to
be numbered; drivers to wear murn-
ber; penalty for noncompliance,
y
hack stands, requirements, etc.; penalty
for noncompliance. - - - - - - - - - - - 40, 68
vehicles not to stand on streets, etc. 40, 69
police to regulate vehicles when more
than ten are at one place; penalty
for obstructing police. - - - - - - - 40, 70
when private carriages subject to same
regulations. ------------------ 40, 71
rates of fare, baggage, etc. - - - - - - - 40, 72
contracts for fare; penalty when more is
demanded by driver - - - - - - - - - - 40, 73
penalty for refusing to pay fare. . .40, 74
regulatilag fares by trip - - - - - - - - - - 40, 75
speed of vehicles regulated. - - - - - - 40, 76
disposition of property left in Velhicles;
penalty for nonreturn - - - - - . . . 40, 77
how vehicles may be engaged. . . .40, 78
tickets to be furnished drivers - - - - 40, 79
penalty for not handing ticket to pas-
Sellº Cl - - - - - - - - - - - - - - - - - - - - - - - 40, 80
penalty for not posting rate-card in con-
Spicuous place - - - - - - - - - - - - - - -40, 81
drivers and owners of vehicles for laire
must not refuse to carry passengers;
must demand only legal fare, etc.,
i. , 82
penalty for demanding illegal fare. 40,83
police to regulate vehicles at Wharves
and railroad Stations - - - - - - - -. 40, 84
collection of fines and penalties. .40, 85
policemen as hack inspectors; powers of;
appeal. ---------------------- 40, 86
copies of law to be furnished owners and
drivers----------------------- 40, 87
penalty for two convictions under this
act--------------------------- 40, 88
stages and omnibuses, regulations con-
Cerning---------------------- 40, 89
definition of hackney carriage----40, 90
fares for light vehicles - - - - - - - - - - - 40, 91
rebate of money paid for, when - - - - 65, 61
of pawnbrokers, costs of; term of. (See
Cap. 52.) r -
for marriage, by whom issued - - - -30, 14
form of ------------------------ 30, 15
record of.---------------------- 30, 16
When evidence. -- - - - - - - - - - - -... 30, 18
Liem,
of landlord for rent, how enforced. 38, 3
of judgments of justices of peace, when
docketed. -------------------- 37, 35
how enforced in equity. - - - - - - - - - - - 10, 3
mechanics, now enforced - - - - - - - - -. 45, 5
Life Estates,
sale of estates of tenants, for life when
there are limitations over - - - - - 4l, 1
application and proof. - - - - - - - - - - 41, 2
parties defendants, who are . . . . . 4l, 3
evidence, how taken - - - - - - - - - - - - 4l, 4
disposal of proceeds. - - - - - - - - - - - - 4.l., 5
- & & 7.
procedure when death of life tenant is,
believed ; when guardians, etc.,
refuse to produce minor, etc.; party
concealed may be taken for dead,
etc. . . ------------------------- 41, 6
Page. Life Estates—Continued. .
when minor is beyond the sea, how
349 viewed. (NOTE. –Seven years' pre-
349 Sumption of death) ... - - - - - - - - 41, 7
when infant proved living, after order
349 made, reentry by infants, etc.
350 (NOTE.-Posthumous children)
41, 8
if guardian show effort made to pro-
duce infant and that infant is living
350 guardian to continue in possession,
- 41, 9
350 guardian, etc., holding estates aſter
350 death of life tenant, a trespasser;
heir may recover damages. . . .4l, 10
Jighting,
350 of hallways, etc., when -- - - - - - - - - - - 22, 8
of city lamps, price and pay for - . 19, 40
350 Streets, report of commissioners on,
350 19, 72
Limitation of Actions,
351 suits for recovery of land barred after
351 twenty years. Proviso, in succeed-
351 ing section in favor of infants and
351 others. Of prosecutions. (See Secs.
1043 to 7048, inclusive, R. S. U. S.)
351 42, 1
352 proviso as to suits to recover lands of
352 infants, etc. - - - - - - - - - - - - - - - - - - - 42, 2.
When plaintiff may commence new suit
353 within one year, for the recovery of
land. . . ----------------------- 42, 3
353 when plaintiff barred from renewing suit
in trespass, quare clawsum fregii. 42, 4
possession of land for fifteen years un-
interrupted to vest fee simple. Ex-
354 ception, as to claimants disabled
354 from suing; and in such case unless
suit be brought within one year after
354 disability is removed. What is meant
.354. by possession under this section.
Proviso as to commencement of pos-
354. session. (See Note to this section.)
- 42, 5
3.54 what actions shall be brought within
three years; within one year... 42, 6
354 removal of bar in favor of feme covert,
persons mom compos mentis, etc. .42, 7
354. on bill, bond, specialty, judgments, etc.,
355 limited to twelve years.... .... 42, 8
355 on testamentary bonds, limited to twelve
532 years. (See Proviso, next sectiº 9
- 4.
proviso to previous section, in favor of
273 infants and others - - - - - - - - - -...---42, 10
§ as to proof of nuncupative wills...70, 30
274 to use of land for religious purposes,
373 • , , & 58, 19
*** to gifts and devices to religious congre-
gº - frt gations, etc.-------------. ---- 58, 20
316 in forcible entry and detainer... .38, 25
in actions for sick, etc., rents. --- 38, 49
312 as to bill of review. (See Cap. 10.)
T# of action in cases of champerty. ... 9, 5
367 of suits, etc., by executors and adminis-
trators. (See Cap. 1.)
Limited Partnership, -
355 by whom and how formed. . . . . . . . .43, 1
355 may consist of general and special part-
355 ners; their several and joint liabili-
355 ties and Contributions. - - - - - - - - 43, 2
356 limit to number of special partners. 43, 3
y limit to liability of special partners.43, 4
certificate of partnership, what it shall
Contain. ---------------------- 43, 5
certificate of partnership to be acknowl-
356 edged, certified, and recorded . .43, 6
\
I’age.,
358,
359.
359,
359:
360.
361
562
493:
493.
328.
7
2
361.
361
INDEX. .
Dimited Partnership—Continued.
affidavit of general partner as to sums
contributed by special partner.43, 7
when partnership to be deemed formed,
43, 8
liability of all partners for false state-
ments ------------------------- 43, 9
terms of partnership to be published,
y
partnership to be general if no terms are .
published -------------------- 43, 11
evidence of publication - - - - - - - - - - 43, 12
renewal or continuance of partnership;
how effected. ----- - - - - - - - - - - - - 43, 13
renewed and continued partnerships
deemed general, when - - - - - - - - 43, 14
alteration of terms to be deemed a dis-
Solution --------------- - - - - - - - 43, 15
if carried on after alteration, how
deemed. ---------------------- 43,16
under what name partnership may be
conducted.-------------------- 43, 17
in suits, who to be defendants, effect of
judgments, executions, etc. - .43, 18
liability of special partner when his
name is used, with his privity .43, 19
general partners to transact business;
privileges of special partners. 43, 20
contributions to business of special part-
ner not to be withdrawn, etc. .43, 21.
special partner to restore payments of in-
terest on profits to him, when .43, 22
sales, assignments, preferences, etc.,
when void as against creditors.43, 23
further liability of special partners for
violation of two preceding sections,
43, 24.
special partner can not claim as creditor,
When------------------------ 43, 25
suits by and against, how brought .43, 26
when special partners appear not liable
in suits, bow judgment is entered;
liability of plaintiffs to special part-
In CTS - - - Q
when special partners may be sued after
judgment had against general part-
; ~
judgments in suits under two preceding
sections; how considered as to part-
* * * * * * * * * * * * * * * tº ºne º 'º º gº ºn tº a-l
nership---------------------- 43, 29
dissolution of partnership; when and
how effected - - - - - - - - - - - - - - - - - 43, 30
liability of general partners to special
partners---------------------- 43, 31
Limit,
to taxation ---------------------- 65, 19
to sale of liquors around Soldiers' Home,
40, 14
Liquor,
selling to soldiers ---------------- 16, 69
by licensed vendors - - - - - - - - - - - - 16, 70
forfeiture of license. - - - - - - - - - - - 16, 71
Lists,
of tax sales to be prepared and kept for
inspection ------------------- 65, 42
of prices of articles on sale in restau-
Tants, etc. - - - - - - 16, 148, 149, 151, 153
Literature,
obscene, etc, circulation of . . . . . . . l6, 76
Litter, etc.,
deposit of, on streets - - - - - - - - - - - - - - 19, 66
Lost records, -
º: º ºs e º sº º sº º is s º ºs º ºr sº e º s = e º sº, sº * * * * * * * 20, 23, 24
Lots,
in square 226 in Washington, taxes
remitted, etc. ---------------- 65, 65
Lottery Tickets, . . . . . . -
sale, etc . . . . . ------------ tº e º ºs º º sº e 16, 60
313
366
366
289
158
5
2
2
:
;
|
;
2
7
2
Page. Lottery Tickets—Continued.
contract for sale of, void - - - - - - - - - 16, 61
362 Lumber Yards,
may be licensed.------------------- 40, 9
362 Lunacy, - -
how declared - - - - - - - - - - - - - - - - - - - - - - 30, 1
362 Lwmatics, *
may Surrender leases -- - - - - - - - - 38, 70–75
362 marriage of, Void ----------------. 30, 1
how decided insane - - - - - - - - - - - - - - - 30, 1
362 foreign, guardian or committee of;
362 powers of, to sue here, to receive
money; to sell and convey lands of
362 lunatic; legal requisites to be
observed by. (See Cap. 27.)
363 their care and management. (See Cap.
10.)
363 resident and nonresident, suits against.
(See Cap. 70.) -
363 Luther Statue Association, -
g exempt from payment of taxes, etc.,
363 & 65, 11
.., | Livery Slables,
363 may be licensed. -- - - - - - - - - - - - - - - - - 40, 9
363 license of ... -- - - - - - - - - - - - - - - - - - - - - 40, 48
363 - NI.
(33 Malfeasance,
3 in office of justice of the peace. . . 37, 43
363 Mandamus,
returns shall be made to first writ. .44, 1
363 after return made, proceedings regulated;
44 a-f
when damages recovered, no further
364 action can be brought - - - - - - - - - 44, 3
- time may be granted for return and
364. pleading. --------------------- 44, 4
364 Statutes of jeoſail in nature of quo war-
ranto applied to mandamus. -- - - 44, 5
stay of execution on. - - - - - - - - - - - - - 34, 10
Manslaughter - - - - - - - - - - - - - - - - - - - - - - 16, 10
364. | Manufacturing Corporations, -
how formed; certificate to be recorded;
corporate powers; trustees, their
364 qualification and election; by-laws; .
assessment calls; annual Statement
of; stock personal property ; Jiability
364 of stockholders, etc. (See Cap. 15.)
Maps, etc.,
364 of assessors, deposit of, etc. - - - - - - 65, 23
Market Masters,
364 duties of, etc -------------------- 19, 82
- Market Corporations. (See Cap. 15.)
522 || Marriage,
contract, devise pursuant to, when valid,
343 - 70, 39
and other settlements, how affected by
169 posthumous children . . . . . . . . . 18, 10
169 and divorce. (See Cap. 30.)
169 license --------------------------- 30, 15
Marriages,
must be reported to health officer. 28, 10
526 of lunatics, void - - - - - - - - - - - - - - - - - - 30, 1
within certain degrees, void - - - - - - 30, 2
183, 184 to be reported to health office - - - - - 30, 2
penalty for marrying within certain de-
171 £100S - - - - - - - - - - - - - - - - - - - - - - - - - 30, 3
by whom to be celebrated. - - - - - - - - 30, 4.
207 without license or publication, prohib-
- ited ---------------- = • - - - - - - - - 30, 6
218 When certain penalties may not be
avoided. ---------------------- 30,,7
list of, to be returned by ministers. 30, 9
533 of parties under age, when prohibited,
r 30, 10
167 guardian may consent. . . . . . . . . . 30, 10
'704.
INDEX.
Marriages—Continued. - e
contrary to table of affinity, etc., or big-
amous may be declared Void by court,
30, 12
who may perform. --------------- 30, 13
license for -------------------- 30, 14, 15
record of ---------------------- 30, 16
when competent evidence - - - - - - 30, 18
certificate --------------------- 30, 17
in foreign countries, how authenticated,
30, 19
Page. | Mechanics’ Liens—Continued.
extent of lien outside of Washington and
Georgetown------------------- 45, 9
273 satisfaction, when to be entered; forfeit-
273 llſ& - - - - - - - - - - - - - - - - - - -------- 45, 10
273 discharge of lien ; application for charge,
274. 45, 11
274. liens, etc., on lot, wharf, etc - - - - - -45, 12
274. liens on personal property - - - - - - - - 45, 13
repeal provisions - - - - - - - .* * * * * * * * * 45, 14
274 When liens expire unless action brought,
274. - 5
when owner held responsible for claims
against contractor, etc., and same be
recovered by action - - - - - - - - - - 45, 16
495 amounts recovered may be a set-off.45, 17
274 || Mechanical Corporations,
275 organization, etc. (See Cap. 15).
275 | Members of Fire Department,
exempt from military duty - - - - - - - - 22, 5
JMesme Process, -
tests of Writs. -- - - - - - - - - - - - - - - - - - - 55, 50
Metropolitan Police,
454, establishment of Metropolitan police dis-
455, 457 trict -------------------------- 46, 1
board of police abolished and their
powers vested in Commissioners of
the District of Columbia. ... - - - - 46, 2
public squares alıd places subject to
226 rules and regulations of Commis-
Sioners for police purposes. -- - - 46, 3
199 general powers conferred upon Commis-
Sioners ------------- * - - - - - - - - - - 46, 4
384 duties of the Commissioners-- - - - - - - 46, 5
jurisdiction ----------------------- 46, 6
337 rules and regulations to be made by
337 Commissioners - - - - - - - - - - - - - - - - 46, 7
annual report of Commissioners to Attor-
339 ney-General ------------------- 46, 8
increase of force; promotions - - - - - - 46, 9
appointment of additional police. .46, 10
appointment of police; their tenure of
339 office------------------------- 46, 11
qualifications, duties, trials, etc.; how
Prescribed.-------------------- 46, 12
major of police; his authority----46, 13
to be respected and obeyed . . . . .46, 14
regulations and orders of Commissioners;
how promulgated... ---------. 46, 15
major of police to make quarterly report,
etc.--------------------------- 46, 16
captain of police, duties of. - - - - - - - 46, 17
clerk in the office of major, in charge of
Saitary records - - - - - - - - - - - - - - - 46, 18
Surgeons of police, appointment and
P*Y - - - - - - - - - - - - - - - - - - - - - - - - - - 46, 19
major and lieutenants to give secu-
162 rity-------------------------- 46, 20
oath of office. -- - - - - - - - - - - - - - - - - - - 46, 21
Commissioners of the District of Colum-
551 bia and major of police to have
powers of notaries public and jus-
366 tices of the peace- - - - - - - - - - - - - 46, 22
privileges and exemptions of police 46, 23
366 members of the police force not to resign
367 Without notice, etc. - - - - - - - - - - 46, 24
dismissal of policemen - - - - - - - - - - - 19, 39
367 nor receive presents, fees, etc., without
consent, etc.------------------ 46, 25
When rewards or presents may be re-
tained--------------------- - - -46, 26
367 disposition of rewards, etc. - - - - - - - 46,27
penalty for receiving rewards, etc., with-
367 out notice to Commissioners.-46, 28
disposal of rewards, fines, etc ----46, 29
368 policemen’s fund - - - - - - - - - - - - - - - - .46, 30
368 additional police relief fund. - - - -.46, 31
Page.
368
368
868
369
369
369.
369
between certain colored persons... 30, 20
married women, conveyance of land by.
(See Cap. 58.) -
power of attorney by to convey land,
58, 25
their property rights defined... .30, 23
their powers as to property - - - -30, 24
When they may contract ....... 30, 25
Married Women,
their estates, rights, and powers. (See
Cap. 30.)
Marshal,
liable for escapes. -- - - - - 55, 69, 70–72, 78
his appointment, oath, bond, duties, lia-
bilities, emoluments, accounts, etc.
(See Cap. 50.)
restricted in levy on execution, to goods
shown; appraisement, etc - - - - 21, 17
of District, his duties and office remain,
etc -------------------------- 19, 13
Matrons,
police. (See Cap. 46.) -- - - - - - - - - - - - - - - - -
Maryland,
laws continued in force - - - - - - - - - - - 39, 2
temporary laws continued in force. 39, 3
laws of assembly prior to 1704 repealed,
- -- 39, 13
repeal of all inconsistent with statute
of Wills, duties of personal repre-
sentatives, guardians, and rights of
orphans---------------------. 39, 14
Maryland Pestry Act, and Amendments,
vestries, how chosen; their powers and
duties; register, appointment and
duties of ; vestry meetings and pro-
ceedings; rectors, powers, rights,
etc., liability for waste; property of
churches and parishes, how acquired
and alienated; church wardens,
powers and duties; registry of mar-
riages, births, and deaths, certified
copies of Fines, how imposed and
recovered; cemeteries, etc. (See Cap.
15, Secs. 176 to 217.)
Mayhem,
defined----------------------- l6, 32, 33
Measurers,
of wood, etc., fees, duties, etc., regulated,
69, 1
Mechanics' Diems,
who may have extent of lien . . . . . . 45, 1
notice must be filed in clerk’s office and
recorded.---------------------- 45, 2
priority of liens; exceptions. - - - - - - 45, 3
when lien to have priority; extent of,
45, 4
Troceedings to enforce lien; service of
summons; decree of sale, when; dis-
tribution of proceeds; judgments;
interest----------------------- 45, 5
decree of court in case of more than one
building, etc.; joint claimants.45, 6
time of commencing suit; right of parties
to be heard -----------...-----. 45, 7
369
369
373
374
374
374.
374
202
374
374
374
374
374
374
374
INDEX.
705
Metropolitan Police—Continued.
who may be benefited by the fund.46, 32.
uniforms ------------------------- 46, 33
detective force abolished - - - - - - - - - 46, 34
detail of men from police for service as
detectives; pay, etc. - - - - - - - - - 46, 35
Commissioners to fix pay of police. 46, 36
all new appointments to class one-46, 37
Tyrecincts. - - - - - - - - - - - - - - - - - - - - - - - - 46, 38
Stations and Substations - - - - - - - - - - 46, 39
station-houses to be provided, etc.46, 40
members of the force shall reside within
the Metropolitan police district 46,41
details for duty------------------ 46,42
ºpºlyatº how appointed and
D81C1 - - - - - - - - - - - - - - - - - - - - - - - - - - j
‘special officers, powers, and duties
of.--------------------------- 46, 44
special officers; how removed.----46, 45
special privates without pay, etc. 46, 46
special privates, powers, duty, badge,
3.
United States watchmen to have same
duties and powers as police...46, 48
police to aid health officer - - - - - - - - 46, 49
Sanitary police company---------- 46, 50
powers and duties of. - - - - - - - - - - 46, 51
reports and disposition thereof.-46, 52
proceedings on complaint of - - - - 46, 53
proceedings on hearing of complaint
- of----------------------------46, 54
general complaint book; registry of lost,
missing, or stolen property; records
of the police and of services to be
kept ------------------------- 46, 55
treasurer's account; how kept - - - -46, 56
books to be open to public inspectiº
2
returns and reports to be kept and bound,
y
power to compel the attendance of wit-
nesses------------------------ 46, 59
'Commissioners and major of police may
administer oaths to witnesses. 46, 60
Terjury by Witnesses in such cases; pen-
alty-------------------------- 5
police to have powers of constables, when
46, 62
-execution of warrants issued by magis-
trates------------------------ 46, 63
discriminating laws not to be enforced,
* 46, 64
arrests without warrant; who may make;
When ------------------------ 46, 65
powers of Imajor and lieutenants in cases
of Suspected felonies - - - - - - - - - 46, 66
Teport and return of arrests. - - - - - 46, 67
penalty for neglect to make arrests.46, 68
-detention of witnesses - - - - - - - - - - - 46, 69
Page. Metropolitan Police—Continued.
375 property clerk vested with powers of a
375 notary public - - - - - - - - - - - - ... .46, 79
375 property clerk may administer oaths and
take depositions respecting lost, etc.,
375 property - - - - - - - - - - - - - - - - - - - . .46, 80
375 property clerk may return property to
375 owners, When - - - - - - - - - - - - - - - - 46, 81
375 property taken from arrested persons;
376 how restored - - - - - - - - - - - - - - - - - 46, 82
376 retention of property when claimed by
Other than the accused. - - - - - - 46, 83
'376 property taken on suspicion; how dis-
376 posed of.--------------------- 46, 84
sale of unclaimed property; proceeds to
376 policemen’s fund. . . . . . . . . ---- 46, 85
sale of unclaimed animals - - - - - - - -46, 86
376 sale of perishable property - - - - - - -46, 87
376 When animals, etc., may be placed in
376 custody of owners ... - - - - - - - - 46, 88
when perishable property delivered to
376 OWner - - - - - - - - - - - - - - - - - - - - - - - 46, 89
when large quantities of goods held for
377 sale delivered to owner. - - - - -. 46, 90
377 disposition of property retained as evi-
377 dence------------------------ 46, 91
377 unclaimed property not called for as evi-
377 dence; how treated - - - - - - - - - - 46, 92
377 private detectives, who may be. --46, 93
to give bond, etc - - - - - - - - - - - - - - - 46, 94
377 to report to Commissioners, etc., 46, 95
when bond forfeited; duty of United
States attorney - - - - - - - - - - - - - -46, 96
duty of private detective making arrests,
377 - 46, 97
378 all police laws applicable to private de-
f* tectives---------------------- 46, 98
378 it is unlawful to compromise felony, fail
* to give facts, withhold information,
378 receive money from persons arrested
, or or liable to arrest, or permit such
378 persons to escape; penalty for viola-
P+ tions of this section. -- - - - - - - -46, 99
378 penalty for assaulting an officer in dis-
f* charge of his duty; when - - - -46, 100
378 penalty for falsely pretending to be a
rº member of the police force. -46, 101
378 unnecessary severity by officer of police;
Fºr punishable------------------ 46, 102
*79 | police code ..................... 46, 103
F- police code and rules of Commissioners
379 shall be the law upon the matters
r; n." therein contained, etc. . . . . . . 46, 104
379 police matrons; how appointed, pay,
P. etc ------------------------- 46, 105
379 police matrons, duties of - - - - - - - - 46, 106
37% qualifications of . . . . . . . . . . . . . .46, 107
§ Mile limit,
for sale of liquors----------------40, 14
Militia,
379 organized; persons to be enrolled in,
and exceptions---------------. 47, 1
380 persons exempted from enrollment in,
47, 2
380 assessors of taxes to make list of persons
liable to enrollment - - - - - - - - - -:47, 3
380 duty of.--------------------------- 47, 4
commander in chief shall order out; lia-
380 ble to trial and punishment, when;
mustered into service, when . . .47, 5
President of the United States, coum-
380 mander in chief. - - - - - - - - - - - - - - 47, 6
381 commanding general; appointment of,
etc.---------------------------47, 7
381 staff officers; noncommissioned staff, 8
º 47,
381 detail of adjutant. . . . . . . . . . . . . . . . . 47, 9
Page.
381
383
384
384
384
384
384
384
384.
384
343
authority for raiding gambling houses,
bawdy houses, and lottery or policy
shops, etc.-------------------- 46, 70
duty of major of police in pursuance of
preceding Section - - - - - - - - - - - - 46, 71
'Supervision and inspection of licensed
pawn brokers, etc - - - - - - - - - - - - 46, 72
When police may examine books and
premises of pawnbrokers, etc. 46,73
when police may examine property pur-
ported to be pawned - - - - - - - - - 46,
interference by any parties named in
fifth preceding section punished as a
misdemeanor - - - - - - - - - - - - - - - - 46, 75
property clerk; his pay - - - - - - - - - - 46, 76
stolen, lost, or abandoned property to be
in custody of property clerk 46, 77
record of lost, etc., property to be kept,
46, 78
386
386
396
386
386
387
387
387.
387
45 C S
706
INDEX.
Militia—Continued.
active militia,
organization of national guard. . . .47, 10
strength of, on peace basis. -- - - - - 47, 11
regiments of infantry, to consist of.47, 12
battalions of infantry, to consist of.47, 13
companies of infantry, to consist of.47, 14
batteries to consist of, and equipment,
. 47, 15
signal, ambulance, and engineer Corps,
to consist of.----------------- 47, 16
band, to consist of, and how appointed,
5
disbanding of companies below mini-
mum strength ---------------- 47, 18
commission of officers and oath of.47, 19
staff officers; by whom nominated. 47, 20
field officers; by whom nominated. Com-
pany officers; by whom elected,
47, 21
election of officers; how - - - - - - - - - - 47, 22
examination of officers elect. - - - - - 47, 23
discharge of officers, when ; dismissal of
officers, When----------------- 47, 24
noncommissioned officers, appointment
and reduction of. -----------. 47, 25
enlistment of soldiers; term of reenlist-
ment, When------------------ 47, 26
oath of enlisted men; form of, etc.47, 27
honorable discharge of enlisted men be-
fore expiration of service; when and
how ------------------------- 47, 28
dishonorable discharge of enlisted; how
and for what causes ... ---. - - - - 47, 29
discharge certificates of soldiers; shall
show What - - - - - - - - - - - - - - - - - - - 47, 30
arms arid equipments; kind and by
Whom furnished.-- - - - - - - - - - - - - 47, 31
transfer of public property by command-
ing general to staff officers; regula-
tions for issue and care of public
property --------------------- 47, 32
returns by officers of public property;
liability of officers for public prop-
erty------- • * ~ - - - - - - - - - - - - - - - - 47, 33
selling, pawning, destruction of, etc.,
of public property by officers or
soldiers; punishment for . . . . . 47, 34
responsibility of officers to account for
public property, and duty of com-
manding officers as to accounts of
officers----------------------- 47, 35
unserviceable property; how disposed
of--------. - - - - - - - - - - - - - - - - - - - 47, 36
distinctive uniforms; how adopted;
When may be worn. - - - - - - - - - - 47, 37
right to own personal property by organ-
izations of National Guard; actions
for injuries to ; by whom brought
and where-------------------- 47, 38
armories, rooms for offices of staff, places
for storage of public property, etc.,
to be provided; by whom . . . .47, 39
duties of officers and soldiers enumer-
ated; penalty for military offenses,
What------------------------- 47, 40
drills and parades, and ordering out of
militia by commanding general,
when; assembling for drill, etc., of
regiment or part thereof, by whom
and Where.-- - - - - - - - - - - - - - - - - - - 47, 41
inspection and muster of organizations, .
When made; inspection of armories
and public property, when - - - - 47, 42
camp duty, and provisions for - - - - 47, 43
use of Washington Barracks; when and
for What. -------------------- 47. 44
af
Page. Militia—Continued. -
| active militia—continued.
387 for suppression of riots, when may mili-
387 tial be ordered out, how ; exemption
387 from liability for acts done in dis-
387 charge of duty, when - - - - - - - - - 47, 45
388 soldiers and officers excused from duty,
when; liability for absence from
388 duty, penalty for------------ 47, 46.
right of way in streets or bighways,
388 When ; exceptions to. -- - - - - - - - 47, 47
parades and encampments, rules gov-
388 erming; intruders on camp grounds,
etc., may be arrested, tried and pun-
388 ished, how and by whom - - - - - 47, 48
388 officers and employés of United State
388 and of District of Columbia, who are
officers or soldiers of National Guard;
leave of absence, When and on what
388 conditions . . . .----- - - - - - - - - - -47, 49
. courts of inquiry on conduct of officers;
388 how composed; by whom ordered;
389 duties ----------------------- 47, 50
courts-martial, general; of Whom they
389 shall consist; and by whom ordered,
47, 51
389 trial of enlisted men for minor offenses;
by whom ; sentences, etc. - - - - 47, 52
389 proceedings in trials generally . . .47, 53
389 arraignment, proceedings, trial, and rec-
ord in all courts-martial and courts
of inquiry to conform to U. S. Army
389 Regulations.----------------- 47, 54
general expenses of militia; how paid,
390 ...” .* 47, 55
band; how paid ------------------ 47, 56
390 subsistence of militia; when furnished,
kind, etc.; how issued. - - - - - - 47, 57
390 expenses of militia; estimates for, by
whom made; by whom disbursed,
- 47, 58
companies may make regulations for civic
390 government, etc., how; not to be re-
pugnant to law, etc.; to be approved,
by whom. --------------- - - - - - 47, 59
390 duties of officers to be correlative with
those of officers of U. S. Army-47, 60
discipline and field exercise; system of
390 defined ---------------------- 47, 61
regulations to be made and published,
how ; by whom, and for what .47, 62
act approved March 3, 1803, relating to
391 militia, repealed-- - - - - - - - - - - - 47, 63
arms, etc., for proper equipment of
391 militia to be issued by Secretary of
War; remains property of the United
391 States, and to be accounted for,
47, 64
Mining Corporations,
organization, etc. (See Cap. 15.)
391 || Minors. (See Infants, ante.)
lands of, how partitioned and sold. (See
Cap. 51.)
391 life tenants, how interest preserved. (See
Cap. 41.)
when may convey; suits against; parti-
391 tion of property, etc. (See Cap. 10.)
Minor Children,
custody of during minority; manage-
ment of their estates; appointment
of guardians for; waste of their
392 lands; personal property of, when
y may be sold; accounts of their
guardians; when entitled to posses-
392 sion of their property; liabilities of
392 guardians of; when, may elect guar-
dian; when and how their lands
392 | may be sold; death of, after sale of
Page.
393.
394
395.
395
395
395
395
INDEX.
707
4
Minor Children—Continued.
estate; proceeds how considered;
succession; protection of; friend of
may demand extra security; support
and maintenance of, etc. (See Cap.
10, ante.)
Minutes, - -
of Special terms where recorded, when,
35, 17, 18
Misconduct,
in office of justice of peace - - - - - - - - 37, 43
Misprision, -
of felony------------ - - - - - - - - - - - - - 16, 72
Mistake, c -
of clerk in records, amended. . . . . . 55, 88
in records and process, amended,
55, 90,93
Moneys, r
of District, how to be expended. - . 19, 42
received for taxes not to be diverted from
legitimate objects - - - - - - - - - - - - 17, 27
Mortgages, -
in suits to foreclose mortgages, tender in
court by mortgagor of principal, in-
terest, and costs deemed full satisfac-
tion; mortgagee to surrender posses-
ion -------------- ------------- 48, 1
in suits to foreclose decree may be entered
at defendant's request, and all parties
be bound thereby -- - - - - - - - - - - - , 2
proviso to preceding two sections; when
right to redeem is forfeited ; money
due not adjusted or when prejudicial
to Subsequent mortgage. . . . . . . 48, 3
of lease, rights of. . . . . . . . . . . . . . . . 38, 47
of personal property to be recorded with-
in twenty days 23, 1
(See secs. 22, 23, 24, 49, 50, 77, and 80,
Cap. 10.)
* * * * * * * * * * * * * * * *
46
Page. New Trial,
when granted. . . . . . . . . . . . . . . . . . . . . 55, 6
motion for------------------------ 55, 7
and reopening of case by justice of the
P98.06 - - - - - - - - - - - - - - - - - - - - - - - - 38, 19
1,
Motions,
how heard-----------------------. 55, 1
for new trial-------------------. 55, 6, 8 442,
appeal from ruling in . . . . . . . . . . . 55, 7
Municipal Powers, -
of District of Columbia. - - - - - - - - 19, 5, 7
Murder,
jurisdiction in case where injury inflicted
in One jurisdiction, and death ensues
in another------------------ 16, 7–9
Mutual Judgments, - -
may be set off- - - - - - - - - - - - * * * *-* = &º 4-> * 55, 14
Mutual Fire Insurance of District of Colum-
bia,
when policy deemed lapsed, notice to
insured, etc. - - - - - - - - - - - - - - - - 15, 171
N.
Name, 2 -
change of by person - - - - - - - - - - - 55, 20–22
395
442
443
443
198
443
146
444
Night Schools,
teachers may teach in day schools. 57, 35
Noises, etc., - -
regulations as to
Non est factum,
plea of to be verified. . . . .10, 23, 24, 29, 31
Nonresident Witness, -
how testimony taken (wills) 70, 33
Nonresidents,
& º º ºs º dº
Page.
442
443.
311
shall give security for costs. ---55, 30, 53 446, 451
proceedings in attachment against,
55, 107,112
lands subject to attachment for debt of
ancestor. -------------------- 55, 111
publication for, in replevin. -- - - - - 55,132
shall first give security for costs, before
justices of peace ------------- 7, 12
not to be appointed to office. ----- 19,85
decree against, when to stand contrºl,
10, 5
infants, lunatics, and other defendants.
(See Cap. 10.)
foreclosure of mortgages - - - - - - - - - -
their rights of review. (See Cap. 10.)
When pro confesso against, may be taken,
- * 10, 95
fºr:
("(
465, 467
466
471
310
211
93
99
104
of defendants, writs, etc., to abate when
lacking ---------------------- 55,83
of the district. . . . . . . . . . . . . . . . . .... 19, 3
Narcotics,
study of effect of, on human system in
public Schools. . . . . . * - - - - - - 57, 31–33
Ne-eateat,
writ of. (See Cap 33.)
Negligence Causing Death, -
actions for damages where death caused
by negligence or wrongful act of per-
Son or corporation; extent of dam-
ages; no action if damages have been
recovered during life - - - - - - - - - - 49, 1
action in such cases must be brough
within one year, by personal repre-
sentative ---------------------- 9, 2
damages recovered inure to family of de-
ceased -----------------------. 49,
460
198
Normal School,
for education of pupils for teachers;
teacher for same; rules, etc., and
course of study prescribed. 57, 40, 42
Notes and Bills,
falling due on legal holidays, how af-
fected. (See Cap. 11.)
Notorious or Professional Thieves, etc.,
how punished, etc. . . . . . . . . . ----- l6, 120
Notice, -
of sales of personal property for taxes,
etc.--------------------------- 65, 75
to tenant of alienation of land, by land-
lord-- - - - ---------------------58, 32
required to certain persons before locat-
ing schools------------------- 57, 20
of trial of law causes - - - - - - - - - - - - - - 55, 3
to quit, in landlord and tenant. - - - - 38, 5
of lodgment in distraint of crops for
rent 38, 58
by tenant to landlord of ejectment. 38, 61
by hotel keepers, etc., indicating fire
escapes------------------------ 22, 8
of laying pavements, etc., to be pub-
lished.------------------------19, 55
in certain suits - - - - - - - 10, 60, 62, 66, 67, 70
Nuisances,
ordinances as to - - - - - - - - - - - -
Nulla Boma, .
on execution of justice of peace -- 37, 35
Nullity, -
of bigamous, etc., marriages, when court
- - - - - - - 28, 1
may declare------------------ 30, 12
Numbers,
required for certain vehicles and their
drivers----------------------- 40, 67
Number,
definition of.---------------------- 39, 5
Numcupative Wills, - -
When Valid. ---------------------. 70, 29
Witnesses to - - - - - - - - - - - - - - - - - - - - - - 70, 30
probate of.-------------------- 70, 31, 32
when letters on, effective - - - - - - - - - 70, 32
When provable - - - - - - - - - - - - - - - - - - - 70,27
notice must be given before probate,
5 */
488, 489
708
INDEX. \
O.
Oath, -
definition of . . . . . . . . . . . . . . . . . . . . . .39, 5
special; to grand jury. ----...-- ---.55, 156
of justice of the peace. -- - - - - - - - - - -37, 4
of jurors before justice of peace. . .37, 26
of constables in trials before justices of
D68:00 - - - - - - - - - - - - - - - - - - - - - - - - 37, 28
of justices of Supreme Court. - - - - - - 35, 5.
to officers of United States, may be ad-
ministered by justices of Supreme
Court ------------------------ 35, 32
of civil officers of District - - - - - - - .19, 75
may be admix.istered by attorney for
District - - - - - - - - - -------------19, 79
of obligee, assigning -- . . . . . . . . . . . . . . 6, 4
*Obscene Literaturé,
circulation of -------------------- 16, 76
‘Obstructing, - - - - -
free use of highways - - - - - - - - - - - - - 29, 24
Offenders,
under abortion act, competent witnesses
against each other--- - - - - - - - - - - - - - 16, 20
Offenses,
that may be pardoned or respited by
Commissioners ------------... 19, 27
Officer, *
definition of. ---------------------- 39, 5
Officers of Courts, -
fees of clerk, marshal, and attorney for
United States - - - - - - - - - - - - - - - - - 50
per diem of marshal and clerk-- - - - 50, 2
table of fees of marshal and clerk. 56. 3
fee bills must not be abbreviated; pen-
alty---------------------------50, 4
defendants entitled to full copies of costs
from clerk -------------------- 50, 5
accounts of officers’ fees shall be made
out in full when required. - - - - - 50, 6
costs recovered payable only in money,
50, 7
attendance of officers at criminal term,
• 50, 8
fees of coroner, jurors, and witnesses at
inquests-----------------------50, 9
pay of bailiffs and criers. ----- - - - - 50, 10
Page. Officers of Courts—Continued. -
fees of District attorney on bonds, when
338 allowed ---------------------- 50, 28
474. fees of District attorney for defense of
309 TeVenue CâSeS. - - - - - - - - - - - - - - - - 50, 29
312 accounts of District attorney, how set-
tled, etc.---------------------- 50, 30
312 attorneys, admission to practice and diš-
293 barments.-------------------- 50, 31
misconduct of, how punished . . .50, 32
women to be admitted, as in U. S. Su-
297 preme Court ----------------- 50, 33
209 fees to be taxed ---------------. 50, 34
fees allowed attorneys, solicitors, and
210 proctors - - - - - ------- - - - - - - - - -50, 35
59 auditor, appointment, oath, duties, and
compensation; auditor required to
171 adjust accounts of clerk - - - - - - 50, 36
auditor, payment of his fees, how en-
269 forced ----------------------- 50, 37
auditor, special auditor may be appointed
by court - - - - - • - - - - - - - - - - - - - - - 50, 38
159 marshal, appointment and duties of
50, 39
term of office------------------. 50, 40
201 deputies, appointment and removal of,
50, 41
338 oath of marshal and deputies. --50, 42
bond of ------------------------ 50, 43
suits on marshal’s bond; costs - - - - 50, 44
399 bond of marshal to remain after judg-
400 ment as further security - - - - - - 50, 45
400 limitation of suit on marshal’s bond, 46
- 50, 4
400 marshal, his duties. - - - - - - - - - - - - - - 50, 47
when marshal or deputy party to suit,
400 process to be executed by special ap-
pointee ---------------------- 50, 48
400 census to be taken by marshal- - - - 50, 49
death of marshal, deputy to perform his
400 duties in his name; his bond liable,
when; remedy against deputies,
400 50, 50
marshals and deputies, when removed or
400 term expires, may execute writs, etc.,
400 in hands --------------------- 50, 51
400 returns of marshal to Solicitor of Treas-
Ully - - - - - - - - - - - - - - - - - - - - - - - - - - 50, 52
401 returns of marshal to Auditor of Post-
ffice Department------------ 50, 53
401 process against foreign ministers and
401 their domestics, void. -- - - - - -. 50, 54
401 penalty for suing out or executing such
process - - - - - - - - - - - - - - - - - - - - - - 50, 55
401 when process may issue against persons
in the service of foreign ministers,
401 50, 56
list of names of servants of ministers,
401 access to--------------------- 50, 57
vacancies in office of marshal and Dis-
402 trict attorney, how filled. ---. 50, 58
fees of marshal in certain cases. . .50, 59
402 marshals and deputies may execute writs
issued by justices of the peace; fees
402 for same --------------------. 50, 60
When marshal fails to pay over money
, 402 received under section 60, proceed-
ings ------------------------- 50, 61.
402 prepayment of marshal’s fees - - - - 50, 62
marshal's fees. -- - - - - - - - - - - - - - - - - - 50, 63
402 poundage fees of marshal - - - - - - - - 50, 64
y certain fees and expenses to be paid to
402 marshal---------------------- 50, 65
fees not allowed certain officers for at-
tendance on rule days, etc - - - - 50, 66
403 semiannual returns of fees by . District
attorney, marshal, and clerk.50, 67
403 semiannual returns to include, etc. 50, 68
Page.
403
403
403
403
404
404
404
404
405
405
405
406
406
406
406
406
406
407
407
407
407
407
407
two additional criers appointed.--50, 11
ano relation of judge to be appointed as
officer of his court. -- - - - - - - - - - 50, 12
U. S. attorney, appointment and duties;
vacancy in office of, how filled. 50, 13
J. S. attorney, term and oath of .50, 14
U. S. attorney, duties of -- - - - - - - - - 50, 15
statement of suits for fines, penalties,
and forfeitures - - - - - - - - - - - - - - - 50, 16
returns by District attorney to Solicitor
of Treasury - - - - - - - - - - -------- 50, 17
returns by District attorney to Commis-
sioner of Internal Revenue - - -50, 18
Teports by District attorney to Depart-
ment of Justice - - - - - - - - - - - - - - 50, 19
JDistrict attorney and deputy can admin-
ister oaths, etc - - - - - - - - - - - - - - - 50, 20
IDistrict attorney not allowed for pay of
deputy or office expenses-----.50, 21
pay of deputies, clerk hire, office rent,
etc., out of fees of office - - - - - - 50, 22
fees of District attorney, how payable,
y *
compensation of District attorney lim-
ited-------------------------- 50, 24
prosecution of frauds on the revenue,
50, 25
Allowance to District attorney for clerk
hire; compensation of District at-
torney ----------------------- 50, 26
fees of District attorney in revenue cases
and in suits on official bonds. - 50, 27
408
408
408
408
408
408
408
409
409
409
409
409
4.09
411
411
411
411
412
INDEX.
709
Page. Officers—Continued.
certain of them, pay and liabilities of,
412 3.
of district to take and subscribe oath,
412 19, 86
bonds of, where to be filed - - - - - - - 19, 87
Offices, -
412 who may not hold, by reason of crime,
etc --------------------------19, 12
412 (District) may be abolished or consoli-
dated -----------------------. 19, 39
412 Oleomargarine,
as to act respecting - - - - - - - - - - - - - - 16, 98
412 making and sale of, regulated.-- - 16,108
Selling and possessing. - - - - - - - - - - l6, 109
selling and exposing for sale ----16, 110
Order of Descent,
413 of lands of intestate - - - - - - - - - - - - - - 18, 1
413 | Ordinances,
413 of city of Washington as to bridges,
413 •. 29, 26
of board of health legalized - - - - - - 28, 8, 9
413 Organization, etc.,
of Schools restricted. - - - - - - - - - - - - - 57, 43
Orpham Asylum.8, -
414 exempt from taxation - - - - - - - - - - - - 65, 16
Orphans,
414 plate and jewels of, when not liable to
lev V------------------------- 21, 19
414 Orphans' Court,
- jurisdiction, etc. (See Cap. 35.)
has jurisdiction over apprentices. (See
414 Cap. 4.)
Overseers,
414 of certain works, appointment, etc. l.9, 51
Owners, -
414 of labeled bottles protected - - - - 16, 81, 82
414 !
414 P.
414 | Pardom,
415 criminals when so deemed - - - - - - - - 55, 160
415 || when Commissioners may grant -- . 19, 27
Parks, * -
sº in front of houses, protection of... 16, 121
415 public, protection of- - - - - - - - - - - - 16, 122
415 trespassers on -- - - - - - - - - - - - - - 16, 124
416 Partition, - -
416 partition of lands among tenants in com-
mon; how made. --- - - - - - - - - - - -51, 1
416 court may decree sale and division of
proceeds in partition of lands among
416 tenants in common - - - - - - - - - - - - 51, 2
416 payments; how made in case of sale of
- land in partition proceedings.--51, 3
416 where parties entitled to land can not
4.17 agree upon a division, and in cases of
417 minors, application may be made to
the court, etc., for partition. --51, 4
417 proceedings in partition regulated where
lands are under a certain value. 51, 5
proceedings, sales of land descended, not
4.17 susceptible of division in kind; en-
Cumbrances; election by any of heirs
417 to take, etc.-------------------- 51, 6
allowances to commissioners in making
418 Sales of land, etc -------------- 51, 7
in cases of sales by commissioners, deeds
to purchasers, etc. - - - - - - - - - - - - 51, 8
4.18 when estate sold on credit, bond to se-
cure unpaid purchase money --51, 9
418 widow’s dower may be laid off----51, 10
widow may consent so sale, receiving her
418 share of proceeds - - - - - - - - - - - - - 51, 11
joint tenants and tenants in common of
their own or their wives’ rights may
make partition. --------------51, 12
205 proviso, to preceding section, as to re-
209 COWely, etc - - - - - - - - - - - - - - - - - - - 51, 13
Officers of Courts—Continued.
marshal's compensation, expenses, pay of
deputies, etc ----------------- 50, 69
additional compensation in prize causes
to clerk and marshal - - - - - - - - - 50, 70
allowances to clerk, marshal, and District
attorney shall come out of fees for
each yoar-------------------- 50, 71
surplus fee to be paid into Treasury
50, 72
accounts of clerk, marshal, and District
attorney to be audited, etc. . .50, 73
accounts to be certified by judge, etc.,
50, 74
clerk of Supreme court, appointment,
oath, and bond; clerk prohibited
from delivering any blank writ,
50, 75
oath of clerk --------------------- 50, 76
bond of clerk - - - - - - - - - - - - - - - - - - -50, 77
assistant clerks, powers of. - - - - - - - 50, 78
bond of; liability of clerk for acts of
assistants -------------------- 50, 79
clerk to forward to Solicitor of Treasury
list of judgments for or against
United States. - - - - - - - - - - - - - - - 50, 80
account of payment and moneys in court
to be stated by the clerk. - - - - - 50, 81
when clerks may administer oaths as to
papers in admiralty cases - - - - 50, 82
plaintiff at commencement of suit to
make deposit for costs; refund,
When ---------- - - - - - - - - - - - - - - 50, 83
poor persons; when not required to make
deposit for costs. - - - - - - - - - - - - - 50, 84
copies from justice of peace dockets,
clerks shall furnish, etc.----.50, 85
effect of such copies. - - - - - - - - - ---.50, 86
fees of clerk; when payable - - - - - - 50, 87
fees of clerk --------------------- 50, 88
fees of clerk in certain cases. - - - - - 50, 89
semiannual return of fees of clerk.5ö, 90
limit of salary, etc., of clerk; excess,
after paying expenses of office, to be
paid into Treasury - - - - - - - - - - - 50,91
adjustment of clerk’s account - - - - 50, 92
decree of court on same. -- - - - - - - - - 50, 93
account of clerk; how settled. ----50, 94
copy of decree of court on clerk’s ac-
count ------------------------ 50, 95
security for costs in actions brought,
50, 96
usee's liability for costs - - - - - - - - - - 50, 97
usee, when liable for costs, name to be
indorsed on Writs - - - - - - - - - - - - 50, 98
costs on appeals------ * * * * * * * * * * * * 50, 99
costs in slander limited. - - - - - - - - - 50, 100
each defendant; when entitled to re-
Cover costs. - - - - - - - - - - - - - - - - - 50, 101
defendant recovers costs where demur-
rer sustained or appeal affirmed,
etc ------------------------- 50, 102
no distress shall be taken except by
bailiffs known and sworn - - - - 50, 103
defendants shall not recover costs
against the United States . . .50, 104
on nonsuit plaintiff shall pay damages
to defendant in personal actions,
50, 105
costs given to defendant when verdict
in his favor----------------- 50, 106
defendant shall recover costs on quash-
ing Writ of error. ----...----. 50, 107
Officers,
under warden of jail. (See Cap. 33.)
of Treasury to audit and settle certain
Page.
475
203
179
179
179.
710
INDEX, *
JPartition—Continued.
when tenants for life may have parti-
tion-------------------------- 5l, 14
partition to be prejudicial to parties
only------------------------- 5l, 15
suits do not abate - - - - - - - - - - - - - - - - 55,85
of lands of infants and insane persons,
jointly interested. -- - - - - - - - - - - 10, 76
of lands of nonresident infants. ... 10, 86
Partnership, k
the word “person ’’ applies to - - - - 39, 5
Partners,
Special. (See Special partners.)
Party,
to judgment, death of, when not error in
judgments - - - - - - - - - - - -34, 11
to suit in ejectment, landlord may be,
y
Walls. (See Cap. 64.)
I’assage,
of vehicles on streets, regulations for,
19, 66
Passengers,
in vehicles, rights, etc.
Patent Jaws,
jurisdiction of supreme court in - -35, 26
Pauper Jºstates,
(See Cap. 40.)
Pauper and Other Children,
lmay be bound as apprentices.
Cap. 4.)
I’avements, --
repairs, etc., of, provisions for. 19, 55–57
repairs, etc., of -------------------- 7, 18
Pawnbrokers,
license of, by Whom granted; penalty
for doing business unlicensed; defi-
mition of “pawnbroker” - - - - - - 52, 1
cost of license, yearly renewal, etc. -52, 2
bond for due observance of law suits
against; how brought. - - - - - - - - 52, 3
books to be kept with accurate descrip-
tion of goods pawned and of pawnee,
** 52, 4
descriptive receipt of article pawned to
be delivered to pawnee free of
charge ------------------------ 52, 5
books of description of pawned goods to
be opened to inspection of authori-
ties --------------------------- 52, 6
maximum rate of interest on loans; pen-
alty for exceeding such rates. - 52, 7
sales of pawned goods; when and how
made-------------------------- 52, 8
notice of sale to contain description of
articles sold, etc.; how published,
tº 4 52, 9
surplus of proceeds of sale in excess of
amount loaned; to whom to be paid,
(See
52, 10
what loans prohibited - - - - - - - - - - - - 52, 11
purchases of goods; when prohibited,
12
j
penalty for violation of any of provisions
of this act; how recovered. . . . 52, 13
repeal of acts and parts of acts incon-
sistent here with - - - - - - - - - - - - - - 52, 14
license of.------------------------ 40, 34
police regulations for - - - - - - - - - - - - - 19, 66
Payment, -
of taxes may be regulated by Commis-
Sioners ----------------------- 65, 37
plea of in actions of debt - - - - - - - - - 55, 43
of principal and interest, in actions on
bond ------------------------- 55, 44
of rent and costs, ejectment suit to cease,
38, 48
Page. Payment—Continued.
for destruction of clothes of indigent
424 infected persons---- - - - - - - - - - - 28, 13
on contracts in which Commissioners are
424 interested -------------------- 19, 32
460 | Peddlers, d'ſ e
license of.------------------------ 40, 50
98 || Penal Statutes, -
101 when not affected by variance or defect
of form-------------------- 34, 2, 4, 6
338 Penalty, *.
for witness not obeying subpoena,
- 71, 21, 22, 23
for selling hay, etc., before weighing,
69, 4, 14, 19
289 on weigher, etc., for nonattendance at
scales ---------------------- 69, 5, 19
332 for unlawful tapping of Water pipes,
68, 26, 27
for injuring water pipes or fixtures,
68,28
207 for making water impure, etc - - - - - 68, 29
for unauthorized opening of Water ºp;
3. *
for abuse, abandonment, or Wrongfully
296 employing children - - - - - - - - - - - - 67, 3
. for enticing female child to prostitution,
503 67, 4
for over driving animals and depriving
them of food - - - - - - - - - - - - - - - - - - 67, 5
for other cruelty to animals. - - - - - - - 67, 6
for neglecting requirements in transpor-
205 tation of alliumals -------------- 67, 8
61 for failure to feed and water impounded
animals ---------------------- 67, 11
is for baiting or fighting fowls, etc.. 67, 13
for neglecting or abandoming sick or dis-
425 abled animals - - - - - - - - - - - - - - - - 67, 14
425 for making false oath to returns of prop-
erty -------------------------- 65,
425 for using condemned boilers - - - - - - 63, 10
for employing nonlicensed steaul engi-
Deel'S - - - - - - - - - - - - - - - - - - - - - - - - - - 63, 6
426 for harboring or enticing away boys from
reform School--- - - - - - - - - - - - - - - 61, 17
for register of Wills taking excessive
426 fees, charging for advice, or failure
to post table of fees. (See Cap. 60.)
for neglect to send children to school,
426 57, 4, 5
for sale or administering of medicine to
426 procure abortion - - - - - - - - - - - - - - - 54, 1
for selling certain drugs. - - - - - - - - - 54, 13
426 against pharmacists for not registering,
etc.------------------------ 54, 12, 15
against pawnbrokers for lot taking out
426 license, etc. (See Cap. 53.) -
for suing out or executing process against
foreign ministers - - - - - - - - - - - - - 50, 55
426 for selling, etc., of public property by
427 militia ----------------------- 47, 34
for deficiency in accounts for property
427 by militia -------------------- 47, 35
for intruding on camp grounds of militia,
427 etc. -------------------------- 47, 38
for Metropolitan police receiving reward,
427 etc -------------------------- .46, 28
345 compounding a felony, etc. - - - - - 46, 99
207 neglect to make arrests. - - - - - - - - 46, 68
for assaulting police officer in discharge
of his duty------------------ 46, 100
518 for falsely pretending to be a police
449? officer --------------- - - - - - - ... 46, 101
for perjury of witness before police trial
449 board ------------ * = * * * * * * * * * * 46, 61
328 for not taking out license - - - - - - - - - - 40, 4
for using license of another. . . . . . . . 40, 7
287,288
569, 570
552, 554
552, 554
545, 546
546
546
2, 483
435
437
º, 438
INDEX.
penally—Continued. \
against auctioneers and real-estate deal-
ers for noncompliance. -------- 40, 16
for not numbering certain vehicles. 40, 19
for hackmen demanding illegal fares,
40, 73–83 351–354
for refusing to pay fares - - - - - - - - - - 40, 74
and fines, how collected - - - - - - - - - - 40, 85
for violation of rules made under (Sec.
66, Cap. 19). -- - - - - - - - - - - - - - - - - 19, 66
for two convictions under carriage §§
?
for violation of rules made for regulation
of elevators, etc. - - - - - - - - - - - - - - 19,69
against hack-drivers, etc. - - - - - - - - - 40, 68
for violation of hack-stand regulations,
19, 37
for obstructing police. -- - - - - - - 40, 70
for nonreturn of property left invehicles,
40, 77
for not handing ticket to passenger,
* 40, 80
for not posting rate card in vehicles,
40, 81
on drivers for refusing to take passen-
ers, etc. ---------------------- 40, 82
for intimidating or corrupting jurors,
36, 1
for failing to attend as juryman. -- 36, 11
for collusion in drawing juries - - - -36, 34
for collusion by clerk in drawing juries,
36, 35
on judge for practicing law - - - - - - - - 35, 6
on minister for celebrating certain mar-
riages, etc. (See Cap. 30.)
for willful injury to public roads. - 29, 23
for obstructing highways - - - - - - - - - 29, 24
how collected.------------------ 29, 25
for false packing, etc., of flour - - - -28, 23
for short weight in packages of flour,
- 28, 24
for selling falsely branded flour. -- 28, 25
for fraudulently imarking or packing
flour ------------------------- 28, 30
for violation of plumbing regulations,
28, 7
for neglect to report births. . . . . . .28, 11
for refusing to remove infected people to
hospital.---------------------- 28, 14
for failure to give notice of infectious
diseases---------------------. 28, 15
for not disinfecting vehicles, etc. - 28, 16
for exposure of infected people in streets,
28, 16
for letting rooms where infected people
have been, etc.---------------- 28, 17
for supplying gas of less than standard
purity ------------------------ 26, 2
for fraudulently obtaining gas - - - - 26, 24
for keeping gaming table, etc. - - - - - 25, 1
for inducing betting - - - - - - - - - - - - - - - 25, 1
for permitting gaming table to be set up
or used.--------------------- - - - 25, 2
for playing confidence game. - - - - - - - 25, 3
for playing three-card monte. -- - - - -25, 3
for pool selling-------------------- 25, 7
under certain gaming contracts. . .25, 11
for killing or having birds or game, when
(See Cap. 34.) -
against trespassing in hunting, shooting
on Sunday, and for violating game
and fish laws. (See Cap. 24.)
for erecting standpipes and fire escapes,
placing gongs in buildings, etc. 22, 8
for violation of sec. 1, Cap. 17. -- - - - 17, 1
for violation of sec. 20, Cap. 17.... 17, 21
Page. Penalty—Continued.
on coroner for neglect of certain require-
343 ments.------------------------- l4, 6
343 for unlawful maintaining suits that are
champertions, etc. - - - - - - - - - - - - - -9,
for failuretoprotest bills of exchange.8, 2
351 for obstructing certain streets. - - - - - 7, 8
354. for failure to replace work - - - - - - - - - - 7, 9
for not draining alleys into sewers. 7, 28
207 for lºng apprentices, etc. (See
ap. 4. t
354 for º transportation of foreign
labor, etc.----------------------- 2,
208 for vessels unlawfully bringing foreign
350 labor, etc.-----------------------2,
Penitentiary, *.
202 transfer of prisoners to District peniten-
350 tiary; when ------------------- 53, 1
use of penitentiary - - - - - - - - - - - - - - - - 53, 2
351 inspectors.------------------------ 53, 3
Warden --------------------------- 53, 4
353 first meeting of inspectors - - - - - - - - 53, 5
regular meetings of board - - - - - - - - - - 53, 6
353 Quorum - - - - - - - - - - - - - - - - - - - - - - - - - --53, 7
Secretary of board - - - - - - - - - - - - - - - - - 53, 8
354 inspections.----------------------- 53, 9
| labor of convicts - - - - - - - - - - - - - - - - - 53, 10
proceeds of their labor. - - - - - - - - - - - 53, 11
303 rules and regulations. -- - - - - - - - - - - 53, 12
304 attention to cleanliness. - - - - - - - - - - 53, 13
307 appointment of keepers, etc. - - - - - 53, 14
307 inspection of accounts --- - - - - - - - - - 53, 15
§ annual report to Congress - - - - - - - - 53, 16
* inspectors not to be interested in con-
tracts. - - - - - • * * * * * * * * * * * * * * * * * 53, 17
269 bond of Warden - - - - - - - - - - - - - - - - - - 53, 18
a- how sued; limitation.-----------. 53, 19
269 salary of Warden.----------------- 53, 20
; duties of Warden. - - - - - - - - - - - - - - - - 53, 21
264 Warden's monthly account. - - - - - - - 53, 22
264 warden's quarterly accounts.----. 53, 23
3. 65 warden not to be interested in contracts;
* penalty ---------------------- 53, 24
26 who to act in absence of Warden .. 53, 25
266 manufacture of shoes for Army and
Navy - - - - - - - - - - - - - - - - - - - - - - - - - 53, 26
3. prison regulations, sanitary precautions,
262 descriptive list, confinement in sep-
O arate cells, except, etc.; separation
262 of the sexes, clothing, bedding, etc.;
food, kind of labor at which to be
; kept, not to converse without per-
263 mission, method of labor - - - - - - 53, 27
QQ'. power of Warden to punish - - - - - - - - 53, 28
263 mode of punishment. - - - - - - - - - - - - - 53, 29
all punishments to be reported - - - - 53, 30
263 regulation of punishments; report to
Congress --------------------- 53, 31
247 deduction from term for good con-
250 duct ------------------------- 53, 32
241 physician and Surgeon. - - - - - - - - - - - 53, 33
241 | infirmary ------------------------ 53, 34
removed to infirmary - - - - - - - - - - - - - 53, 35
241 return to employment. - - - - - - - - - -. 53, 36
242 government of infirmary.--------- 53, 37
242 relaxation of discipline in favor of the
242 sick ------------- , - = * * * * * * * * * ~ * 53, 38
243 religious and moral instruction. . .53, 39
admission of Visitors. -- - - - - - - - - - - - 53, 40
penalty of officers for certain violations,
53, 41
protection of convicts and preservation
of order---------------------- 53, 42
suits affecting penitentiary; how
229 brought.--------------------.53, 43
187 allowance to prisoners upon discharge,
191 / 53, 44
428
428
428
428
428
428
4.38
428
428
428
428
428
429
429
429
429
429
429
429
429
429
430
430
430
430
430
430
712
INDEX.
Penitentiary—Continued. -- * ,
designation of penitentiary by Attorney-
. General. (Insane convicts may be
transferred to hospital for insane.)
53, 45
Attorney-General to contract for subsist-
©n Ce - - - - - - - - - - - - - - - - - - - - - - - - - 53, 46
confinement of juvenile offenders. 53,47
Attorney-General to contract for their
subsistence ------------------ 53, 48
clothes and money furnished to prisoner
on discharge---------- as º gº º ºs s. s. 53, 49
offences.----... • e s = • * * * * * * * * * * * * 16, 1, 2
Performance,
court (equity) may direct. - - - - - - - - - 10, 9
Perjury, -
defined--------------------------- 16, 36
and subornation of--------------- 16, 35
indictments for-------. -------. 55, 145
Perishable Property,
execution, sale of, etc. ------------ 10, 48
Permanent System of Highways,
provisions for--------------------- 29, 1
Permit Work,
regulated ------------------------ 19, 55
on streets and alleys. (See Cap. 7.)
Perpetuities,
Inot created by Will - - - - - - - - - - - - - - - - 70, 2
Perpetuation,
of Real Estate Title Insurance Com-
D&DY - - - - - - - - - - - - - - - - - - - - - - - - - 15, 37
Petroleum,
storage of, regulated - - - - - - - - - - - - l6, 114
Person,
definition of- - - - - - - - - - - - - - - - - - - - - - - 39, 5
Persons, -
may plead in proper person, etc.--55, 53
interested in land; in suits for; may be
challenged as jurors - - - - - - - - - - 55, 47
accused of crime; admitted to insane
asylum; When - - - - - - - - - - - - - 31, 27, 29
and property subject to existing laws,
19, 6
exempted from operation of emigrant
laws -------------------------- 2, 10
I’ersonal Property,
what exempt from taxation-- - - - - - - 65, 7
of insane; sale of. ---------------- L0, 18
Personalty,
of estates retained for contingencies,
y
Petit Larceny,
Second conviction - - - - - - - - - - - - -
16, 44, 59
Pharmacy, -
unregistered persons not to conduct phar-
macies------------------------54, 1
proprietors of stores, etc., not to allow
unregistered pharmacists to com-
pound, etc.-------------------- 54, 2
commissioners of pharmacy to be ap-
pointed ----------------------- 54,
to take oath ---------------. ----- 54, 4
vacancies in commissioners, how filled,
etc.; sale of adulterated drugs pro-
hibited (see Note to this section);
penalty for sale of in administra-
tion of medicines or drugs, etc., to
produce abortion. (See Note to this
860tion) ------------------------ 54, 5
commissioners of pharmacy to keep reg-
ister of pharmacists, etc - - - - - - - 54, 6
to register existing druggists, etc.,
without examination; proviso. -54, 7
examination of sellers at retail, com-
pounders, etc., by commissioners;
registry of competent persons by
commissioners. -----------..... 54, 8
Page.
164,
433
434
434
434
434
156
77
162
162
472
519
436
436
436
436
Pharmacy—Continued.
age and Series of applicants for exami-
nation ----- ------------------- 54, 9
graduates in, when to be registered,
fees of commissioners of, for examina:
tion; reexamination, when; ex-
PellS6S - - - - - - - - - - - - - - - - - - - - - - - 54, 11
oath of registered pharmacists; criminal
liability in certain cases; penalty
- 54, 12
shall not sell certain poisons in Sched-
ules A and B; Schedule A.; Schedule
B; alcoholic liquors, shall not sell,
when; penalty for selling alcoholic
liquors; when - - - - - - - * * * * * * * * * 54, 13
license for itinerant vendors of drugs,
etc.---------------------------54, 14
registration by false representation,
criminal liability for and penalty;
conducting pharmacy without regis-
try; crim. nal liability for and pen-
alty-------------------------- 54, 15
fines; how collected - - - - - - - - - - - - - - 54, 16
repeal of inconsistent acts, etc. - - - 54, 17
exemptions of apothecaries from serv-
ice as jurors, etc. ------------. 54, 18
exemption of apothecary’s apprentices
from services as jurors, etc. . .54, 19
Pharmacists,
liabilities, etc., in certain cases. (See
Cap. 54.)
I’hysician, etc.,
for penitentiary.----------------- 53, 33
Plate and Jewels,
of orphans, levy of restricted - - - - - 21, 19
Plats, etc., -
of assessors, deposit of, etc - - - - - -- 65, 23
of subdivision of land, etc. (See Cap. 64.)
Platting,
and subdivision of land - - - - - - - - - - 58, 39
Pleading, .
the general issue, by constablés, etc.,
37, 46
Pleading and Practice,
Practice—Civil.
motions—nonenumerated, law a n d
equity, first heard at special term;
suits in equity to be heard, etc., at
special term; order for hearing in
first instance in general term.
(NOTE)------------------------ 55, 1
issues of fact tried before a single jug-
tice ---------------------------55, 2
issues of law tried at special term; notice
of trial; calendar of causes - - - - 55, 3
exceptions; how taken and settled. 55, 4
exception to plea to be sealed by justice,
‘. 5, 5
new trial, when may be granted; time
of motion for limited - - - - - - - - - - 55, 6
appeal; how taken from ruling on mo-
tion for new trial - - - - - - - - - - - - - - 55, 7
motion for new trial, when heard in gen-
eral term in the first instance. - 55, 8
trials by jury when another term inter-
VCD68 - - - - - - - - - - - - - - - - - - - - - - - - - 55, 9
fictions in pleading abolished. ---.55, 10
set-offs regulated.-- - - - - - - - - - - - - - - 55, 11
plea of set-off - - - - - - - - - - - - - - - - - - - - 55, 12.
judgment in -------------------- 55, 13
set-off, mutual judgments may be .55, 14
judgment must be for jurisdictional
amount ---------------------- 55, 15
judgments by default in suits on open
account ---------------------- 55, 16
judgment by default, affidavit of plain-
tiff in suit; how verified. . . . . . 55, 17
Page.
436
436
436
437
437
438
438
4.38
438
438
438
443
443
444
444
INDEX,
713
Pleading and Practice—Continued.
Practice—Civil—Continued.
actions against two or more persons
jointly or severally liable; action
against one, when bar as to others,
55, 18
verdict for less than jurisdictional sum
does not carry costS ---------- 55, 19
petition for changing name of a P.” -
55, 20
notice of, to be published... -- - - 55, 21
procedure ---------------------- 55, 22
notice by publication in lieu of personal
service ----------------------- 55, 23
Order of publication -- - - - - - - - - - - 55, 24
form of the order. ... ---. - - - - - - * *- 55, 25
process against foreign corporations.
(NOTE.-Foreign insurance compa-
nies) -------------- ----------- 55, 26
pleadings shall be in English - - - - - 55, 27
all proceedings in courts shall be in En-
glish and in words at length ; pen-
alty------- • - - - - - - - - - - - - - - - - - - 55, 28
process, etc., to be written or printed in
English; penalty, limitation of,
j
nonresidents shall give security for §
55,
infants may sue by next friend... --55, 31
poor persons may sue without paying
fees -------------------------- 55, 32
When not liable for costs - - - - - - - - 55, 33
actions of account against executors of
guardians, etc., of guardians, bailiffs
etc.; by joint tenants against each
other; reference to auditor; his pow-
ers, etc. (NOTE.-Auditor may ex-
amine all witnesses) - - - - - - - - - - 55, 34
several defenses may be pleaded --55, 35
judgments on demurrer regardless of
defects in Writ, etc. -- - - - - - - - - - 55, 36
after verdict judgment shall be given
notwithstanding defects. - - - - - 55, 37
judgment on verdict shall not be stayed
or reversed for variance - - - - - - 55, 38.
exceptions to section 38, as to certain
felonies and penal actions ----55, 39
when tender bars costs in actions on
insurance contracts - - - - - - - - - - 55, 40
plea of mom est factum shall be verified,
55, 41
all statutes of jeofails extended to judg-
ments.------------------------ 55, 42
payment may be pleaded in bar of action
in debt, Scire facias on judgment and
actions on bonds. -- - - - - - - - - * - 55, 43
payment into court of principal, interest,
etc., in actions on bond, defendant
discharged ------------------- 55, 44
dilatory plea must be verified - - - - 55, 45
persons absent for seven years, when pre-
sumed to be dead in actions by rever-
Sioners, etc. ------------------ 55, 46
persons interested in the land may be
challenged as jurors in trial of lives
in being---------------------- 55, 47
persons evicted by this act, living; when
damages may be recovered.----.55, 48
waste maintainable by one tenant in com-
mon against another. - - - - - - - - 55, 49
mesne process; teste of writs. ---- 55, 50
Sealing and testing Writs - - - - - - - - 55, 51
day of teste of process - - - - - - - - - - 55, 52
persons may order process and appear
without attorney; may confess judg-
ment security for costs by nonresi-
dents ------------ ------------55, 53
service of process on Sunday; void. 55, 54
Page.
444
444
444
444
444
444
445
445
445
445
445
446
446
446
446
447
447
447
447
448
448
449
449
449
449
449
449
450
450
450
450
450
451
451
451
451
451
Pleading and Practice—Continued.
Practice—Civil—Continued.
process final; validity of sales in cases
under process by publication.--55, 55
no person to be held to bail on account of
debt or contract - - - - - - - - - - - - - - 55, 56
in actions of trover and detinue defend-
ant required to give bail or be com-
mitted ----------------------- 55, 57
special bail, how to be given; recogni-
Zance, how to be taken. - - - - - - 55, 58
when special bail ordered, defendant
must comply or be retained in arrest,
55, 59
who may receive --------------- 55, 60
form of recognizance----------- 55, 61
court shall make rules and orders re-
Specting --------------------- 55, 62
and inquire into sufficiency of bail,
- 55, 63
judgment and execution on bail bond,
55, 64
any justice of court may take bail as
provided by this act - - - - - - - - - - 55, 65
capias ad Satisfaciemdum; when issued,
55, 66
proceedings under.------------- 55, 67
What persons exempt from its opera-
tion-------------------------- 55, 68
liability of marshal, etc., for escapes;
Tetaking regulated. - - - - - - - - - - 55, 69
if prisoner retaken and escape; mar-
shal's liability. - - - - - - - - - ------ 55, 70
bailor may surrender prisoner retaken;
subsequent liability of officer. 55, 71
at request of bail, officer shall return
Writ for keeping prisoner; penalty
for Ineglect. -- - - - - - - - - - - `- - - - - 55, 72
construction of this act (sections 69–73);
pleadings regulated; treble costs to
defendant ------------ - - - - - - - - 55, 73
persons arrested under Stat. 1 Anne, ch.
6 (secs. 69–73 of this title), to be held
in custody; marshal's liability for
©SC&peS - - - - - - - - - - - - - - - - - - - - - - 55, 74
escape warrant granted by judge on affi-
davit --------------------- --.55, 75
it may be executed on Sunday. - 55, 76
where person escaping was in custody
for not performing a decree, liability
of officer. - - - - - - - - - - -* - - - - - - - - - 55, 77
this act (secs. 74–78 of this title) general
law, and need not be pleaded. 55, 78
evidence in action of escape regulated;
punishment for false oath as to re-
taking prisoner. -- - - - - - - - - - - - - 55, 79
creditor may retake escaped prisoner or
lave other execution. -- - - - - - - 55,80
abatement.
Ino action shall abate by death of parties;
by whom may be revived; when not
revived, etc -----------------. 55,81
infants not compelled to revive real ac-
tions, when not for their benefit.
(NOTE.-When death of arbitrator
or party shall not abate, death of
party between verdict and judgment
shall not abate action; death after
interlocutory judgment, no abate-
ment.)
Where writs, indictments, etc., shallabate
for want of the names of defendants;
penalty of clerk for omissions in such
Writs, etc -------------------- 55,83
when one or more of several plaintiffs or
defendants die, and cause of action
survive to a surviving, the action
shall not abate . . . . . . . . . .----- 55,84
Page.
451
452
453
453
454
454
454
455
455
455
456
458
460
460
714
INDEX.
Pleading and Practice—Continued.
abatement—continued.
no abatement in partition suits. --55, 85
plea in abatement must be verified. 55, 86
.amendment.
actions at law, court may order and
allow amendments, when, how,
and conditions of. (NOTE.-Amend-
ment of process, same; defects of
form ------------------------- 55,87
record defective by misprision (mistake)
of clerk shall be amended (see Sec.
90 of this title) - - - - - - - - - - - - - - - - 55,88
records shall not be amended or impaired
after the term when judgment ren-
dered ------------------------ 55, 89
record or process defective by mistake
of clerk may be amended after judg-
ment given. ------------------ 55, 90
records may be amended jn certain cases.
(Secs. 88 and 90 of this title perpetu-
ated.)------------------------ 55,91
judgments and records shall not be re-
Versed nor avoided for any process,
etc., erased or interlined - - - -. 55, 92
defects by misprision of clerk in records
may be reformed; what defects in
records may be not amended. - 55, 93
record exemplified, etc., when not to be
reversed --------------------- 55,94
defaults in records may be amended in
certain cases ----------------- 55, 95
after demurrer joined, judgment shall
be given without regarding defects,
etc.--------------------------- 55, 96
amendments in form - - - - - - - - - - - - 55, 97
exceptions as to certain felonies and
Penal actions----------------- 55, 98
amendment of writs of error; when judg-
ment on verdict shall not be stayed
or reversed for defect in form or sub-
Stance, etc ------------------- 55, 99
proviso as to exceptions to section 99,
55, 100
attachment.
Writs of attachment and garnishment
issued by clerk, when ; requirements.
(NOTE.-Attachment first served has
priority; marshal's duty where sev-
eral attachments.) ---------. 55, 101
how writs of attachment or garnish-
ment may be quashed - - - - - - - - 55, 102
discharge of attached property--55, 103
sale of attached property - - - - - - - - 55, 104
final judgments; where attachment is-
sued ---------------- - - - - - - - - - 55, 105
attachment not to issue until after second
return of mon est- - - - - - - - - - - - - 55, 106
attachment after return of mon, 68t against
nonresidents, may issue by Order of
justice; proceedings regulated.
(NOTE.-Modifications of parts of
this section.).--------------- 55, 107
no attachment against garnishee shall
exceed plaintiff's debt and costs,
55, 108
when absent, defendants shall have no
favorable interpretation of this law,
55, 109
after judgment, attachment may be taken
out instead of execution; proceedings
regulated ------------------- 55, 110
attachment allowed against lands of
nonresident heir for debt of ancestor,
55, 111
attachment may issue against nonresident
or absconding debtors - - - - - - - 55, 112
Page.
460
460
460
460
461
461
461
463
463
464
464
464
464
464
464
465
465
466
46%
466
467
Pleading and Practice—Continued.
attachment—continued.
clerk's certificate necessary when affida-
vit required by section 112, made be-
fore nonresident judge. -- - - - 55, 113
garnishee may plead in , behalf of
defendant. (NOTE.—Garnishee; when
entitled to compensation.). 55, 114
garnishee required to answer interroga-
tories; judgment and execution if he
neglect---------------------- 55, 115
continuance. 3
where new parties are made, etc., contin-
uances may be granted. -- - - - - 55, 116
continuances discretionary with court
where verdict'shall be set aside; new
trial granted or commission issued to
take testimony - - - - - - - - - - - - - - 55, 117
where surveyor neglects to return plats,
etc., in actions of ejectment -- 55, 118
on application for continuance, causes
for may be inquired into and also
the alleged required testimony, etc.
(NOTE.-Continuance is matter of
Sound discretion) - - - - - - - - - - - - 55, 119
continuance to procure testimony of ab-
sent Witness- - - - - - - - - - - - - - - - - 55, 120
actions at law may be continued four
terms at discretion of court; costs,
how taxed on continuance; liability
of attorneys for neglect to prosecute;
exceptions ------------------ 55, 121
continuance; where a witness to mate-
rial facts can not be procured, etc.,
55, 122
continuatice on special verdict or case
stated.----------------------- 55, 123
causes may be continued for return of
testimony when commission issued,
- 55, 124
how long actions shall continue. -55, 125
continuance; where judgment shall be
Set aside, etc. - - - - - - - - - - - - - - - 55, 126
replevin.
form of declaration in replevin. - 55, 127
plaintiff’s affidavit; what to state. 55, 128
plaintiff to give security. -- - - - - - - 55, 129
return of writ by officer; proceedings,
55, 130
when defendant can not be found; notice
by publication - - - - - - - - - - - - - - 55, 131
proceedings in default after publication,
- , 55,132
appearance of defendant; his pleas,
55, 133
plaintiff’s damages; how determined,
55, 134
when judgment shall be for defendant,
55, 135
damages when things eloigned. --55, 136
judgment; damages for detention. 55,137
certain property not liable to replevin,
5,
oath prescribed for person applying for
writ of replevin against public offi-
Cel' - - - - - - - - - - - - - - - - - - - - - - - - - - 55, 139
liability of clerk for neglect of previous
Section ---------------------- 55, 140
marshal, etc., not to execute writ of re-
plewin issued contrary to this act;
penalty --------------------- 55, 141
writ issued contrary to sections 138–142,
shall be quashed, plaintiff nonsuited
and mulcted in treble costs -- 55, 142
when court may refuse return of prop-
erty taken on writ of replewin until
after judgment. . . . . . . . . . . . . . 55, 143
Page.
467
467
467
468
468
468.
468
468
469
469
469
469
470
470
470
472
472
INDEX
715
JPleading and Practice—Continued.
criminal practice.
form of indictments. (NOTE.-See Chap-
ter on “Criminal Procedure,” R. S. U.
S., secs. 1014 to 1043. See Limitations
a8 to prosecutions, Secs. 1043–1048, R.
S. U. S. - - - - - - - - - - - - - - - - - - - - - 55, 144
indictments for perjury and subornation
of perjury shall aver substance of
offense ---------------------- 55, 145
collection of fines and penalties for viola-
tion of laws of District of Columbia,
55, 146
informations shall clearly set forth the
nature of the charge, and shall not
be quashed on account of techni-
cality or clerical error, and may be
amended in police court - - - - - 55, 147
on appeal to criminal court, execution
shall be by clerk of said court; pen-
alty for nonpayment of fines; pro-
viso, as to liabilities of sureties;
proviso, as to taxing attorney fee,
y
recovery and distribution of certain
fines; informer's share. ... - - - - 55, 149
liability of persons making false claims
against United States - - - - - - - - 55, 150
suits for same, how prosecuted and dis-
Continued; costs. - - - - - - - - - - - - 55, 151
duty of District attorney in such cases,
55, 152
rights of persons presenting such suits,
55, 153
limitation of such suits. - - - - - - - 55, 154
witnesses for defendant in criminal
trials; number to be allowed; fees
and costs, etc --------------- 55, 155
special oath of grand jury- - - - - - - 55, 156
Special charge to grand jury - - - - - 55, 157
libels, truth may be given in evidence
under general issue, when; if libel
true, defendant may be acquitted,
.* 55, 158
-extradition of fugitives from justice,
55, 159
criminals deemed pardoned, etc.; when
time served out - - - - - - - - - - - - - - 55, 160
remission of forfeitures by President,
55, 161
execution of sentence may be postponed,
55, 162
poor convicts sentenced and imprisoned
for fines, how may be discharged.
(NotE.—Juvenile offenders; where
confined) ------------------- 55, 163
fines in tobacco; how discharged in
money. (See Notes to this section.)
- 55, 164
value fixed for certain coins. - - - - - 55, 165
fines, judgments, etc., can only be ten-
dered in money; value of pounds
Sterling fixed. . . . . . . . . . . . . . . .55, 166
Plea,
Page. Plea—Continued.
472
472
473
473
of title by defendant in landlord and
tenant cases------------------ 38, 11
of landlord in replewin of distress. 38, 69
or demurrer (chancery) overruled. 10, 45
Pleadings, 3.
fictions in, abolished -- - - - - - - - - - - - 55, 10
Shall be in English--- - - - - - - - - - - - - - 55, 27
discoveries, etc., when not to be used
against party or Witness. - - - - - 20, 29
Pleuro-pneumonia,
prevention of spread of- - - - - - - - - - -28, 18
Plumbing Regulations,
to be enforced. - - - - - - - - - - - - - - - - - - - - 28, 6
Police,
must aid health officer, when -- - - - - 28, 1
laws extended to Capitol square-- 19, 91
regulations to be made by Commission-
Police Court,
establishment of, as to additional judge
and trial by jury, etc. (See Note at
foot of this chapter, Sec. 41). - - - - 56, 1
judge of; term of office and salary -56, 2
judge; oath of -------------------- 56, 3
terms of court. -- - - - - - - - - - - - - - - - - - - 56, 4
rooms for holding court - - - - - - - - - - - 56, 5
Salaries of judge and officials; how paid,
Page.
317
334
89
443
260
212
207
206
478
478
478
478
478
479
479
479
479
479
479
479
by heir, “nothing by descent”. . . . 70, 41
in abatement must be verified. - - - - 55,86
of garnishee in behalf of defendant,
- - 55, 114
of defendant (in replevin). . . . . . . 55, 133
at law, exception to, to be sealed. - 55, 5
of title (L & T). ----------------. 38, 11
of set-off------------------------- 55, 12
of several defenses. . . . . . . . . . . . . . . . 55, 35
of mom est factum, verification of... .55, 41
•of payment in bar of action. - - - - - .55, 43
dilatory, must be verified - - - - - - - - - 55, 45
of defendant and on return of execution
of forfeited recognizance. . . . . . . 21, 6
sy 56, 6
sickness, absence, or disability of judge ;
justice of peace to act; how and by
Whom appointed - - - - - - - - - - - - - - 56, 7
oath and compensation of justice of peace
acting as judge, etc. - - - - - - - - - - - 56, 8
jurisdiction of. (See Substitute for this
Section, act Mar. 3, 1891; 26 Stat. L.,
848. Sup. R. S. U. S., 3 ed., p. 911.
Note at end of this chapter). ----56, 9
power of judge to issue process for arrest,
When ; and to compel attendance of
Witnesses--------------------- 56,10
judge of, may examine and commit or
hold to bail, when. - - - - - - - - - - - 56, 11
general powers of, in exercise of jurisdic-
tion of----------------------- 56, 12
contempt of, punishment for; what 56, 13
enforcement of judgments and sen-
tences ----------------------- 56, 14
power to make rules and regulations for
government of - - - - - - - - - - - - - - - 56, 15
naturalization of foreigners; has no
power to--------------------- 56, 16
seal; acknowledgment of deeds; power
to take oaths and affirmations; pow-
er to administer. - - - - - - - - - - - - - 56, 17
clerk of, appointment and salary of 56, 18
deputy clerk of; whom appointed by and
Salary of --------------------- 56, 19
bond and oath of clerk - - - - - - - - - - - 56, 20
administering of oaths and affirmations;
by whom --------------------- 56, 21
fees; none to be charged by clerk for his
Services---------------------- 56, 22
bailiffs of; how appointed, pay, etc.56, 23
bailiffs may act as deputies to marshal,
When ------------------------ 56, 24
prosecutions in, to be by information,
without indictment or trial by jury.
(See Note at end of this chapter).56, 25
processes for violation of District laws,
etc.; by whom served. -- - - - - - - 56, 26
processes cognizable in Supreme court;
by whom served. - - - - - - - - - - - - - 56, 27
processes, form of - - - - - - - - - - - - - - - - 56, 28
fees of marshal, in cases of - - - - - - -56, 29
U. S. attorney; duty of, in . . . . . . .56, 30
479
479.
479
480
480
480
480
480
716
INDEX.
Police Court—Continued.
U. S. attorney; fees of, in ........ 56, 31
district of Columbia attorney; duty of
and how paid - - - - - - - - - - - - - - - - 56, 32
fees of Witness, in -- - - - - - - - - - - - - - - 56, 33
appeals. (See Note at end of this º,
ter) -------- - - - - - - - - - - - - - - - - - - 5 o, .
appeals from, bond on. ----------- 56, 35
appeals from, stay of proceedings on,
56, 36
transfer of cases from to supreme court;
what necessar
appellant failing to recognize to be com-
mitted to jail ----------------
appeals from ; how certified
collection of fines, etc.; by whom and
with whom deposited - - - - - - - - 56, 40
disposal of moneys collected. Informer
to have one-half of fine, when. (See
Sec. 837, R. S. D. C.) - - - - - - - - - 56, 41
appeal from ---------------------- 16,66
justices of peace may issue warrants
returnable to---------------------- 37, 9
Policemen’s fund - - - - - - - - - - - - - - - - - - -46, 30
Policy,
lottery --------------------------- l6, 62
shop ----------------------------- 16, 62
permitting house to be used for.. ié, 63
Poor Convicts,
when discharged from jail. - - - - - - 55, 163
Poor Persons,
may sue in forma pauperis - - - - - - - - 55, 32
when Inot liable for costs - - - - - - - - - 55, 33
when not required to make deposit for
costs--------------------------- 50, 84
Posthumous Children,
right of, inlands----------------- 18, 2, 9
relation of, to intestacy - - - - - - - - - - - 1, 149
JPosting Bills,
of immoral nature. -- - - - - - - - - - - - - - L6, 76
Postponement, -
of execution of sentence
Potomac Water,
supply, use of, and taxation for. (See
Cap. 68.) .
Potomac Flats,
(See Note:) ----------------------- 58, 43
Powmd Breach,
treble damages for . . . . - - - - - - - - - - - 38, 39
Power,
of attorney of married women, in aliena-
tion of land. ------------------- 58, 25
of Commissioners in condemnation of
lands for Schoolhouses, etc. - - - - - 57, 38
of personal distraint of landlord abol-
ished.---------------------------- 38, 1
of justices of supreme court
of court in equity and common-law cases,
35, 29
to punish contempts - - - - - - - - - - - - 35, 33
of elisors as to writ of execution . . 21, 12
certain, vested in Commissioners,
19, 24, 25
executive, vested in Commissioners,
e 19, 26
Practice, civil. (See Cap. 55, 1-80.)
Preferences,
in record of two or more deeds to same
Page. Priority—Continued.
480 in payment of debts by administrators
and executors---------------.. l, 103
480 | Prison, -
480 breaking of, punishment for . . . . . l6, 156
Prisoners, -
480 may be surrendered by bailor. ... 55, 71
480 to be kept at request of bail- - - - - - 55, 72
in penitentiary, treatment of, etc. (See
480 Cap. 53.) -
in jail, rules, etc., for. .(See Cap. 33.)
480 | Privileges, -
and exemptions of police - - - - - - - - - 46, 22
481 of judgment debtor as to levy of execu-
481 tion -------------------------- 21, 17
Probated Will, .
481 or certified copy, when evidence-- 70, 18
Probate of Will,
contest after, permitted. - - - - - - - - - - 70,27
481 Proceedings,
168 in default (replewin) after publication,
• 55,132
310 in court to be in English - - - - - - - - - - 55, 28
374 against witnesses, for refusing to testify
before Houses of Congress. ... 71, 23
168 Proceeds,
168 of decedents’ property, under contract of
168 Sale, disposition of- - - - - - - - - 10, 68,71
- of sale of condemned property to be cow-
475 ered into Treasury - - - - - - - - - - - - 19, 74
of sale of lunatic property - - - - - - - 10, 21
446 | Proceedings,
447 against defendants not served-- 10, 9, 10
414 | Pro Comfesso, (chancery). - - - - 10, 9,38, 39,
49, 50, 55, 79, 88,91, 95
194, 195
33 Process, .
at law, amendment of, when . - - - - - 55, 87
171 against foreign corporations. (See Sec
107, p. 145.) -------------------- 55, 26
475 to be in English, etc - - - - - - - - - - - - - - 55, 29
void if served on Sunday - - - - - - - - - 55, 54
final, when sales of land under publica-
tion, good-------------------- 55, 55
in Writs of annuity and covenant, etc.,
498 …' 38, 27
against District, on whom to be served,
325 19, 22
and proceedings against corporations,
(See Cap. 75.)
495 return of- - - - - - - - - - - - - - - - - - - - - - - - 10, 43
Produce Dealers,
488 license of.------------------------ 40, 40
Production,
316 of books, etc. (See Cap. 30.)
295 | Profanity,
When punished.------------------ 16, 120 .
297 | Professional Thieves, etc., - -
297 how punished- - - - - - - - - - - - - - - - - - - 16, 120
225 | Prohibited Loans,
by pawnbrokers. (See Cap. 53.)
201 | Prohibition,
as to contracts before money appropri-
201 ated --------------------------- 19, 31
Proof,
in actions at law and in equity by com-
mission. (See Cap. 30.)
491 of nonresident claims against estates,
l, 118–120
450 of specialty against estates. ------ l, 112
of claim for rent against estates. -- l, 115
200 for open account against estates.l., 116
of protest of bill necessary against
186 estate -------------------------- l, 114
Promissory Notes,
464 may be assigned-------------------. 8, 4.
property---------------------- 58, 10
Presumption,
of death in real actions - - - - - - - - - - 55, 46
Prevention,
of spread of scarlet fever, etc - - - - - - 28, 1
I’riests,
When exempt from arrest - - - - - - - - 16, 157
Priority, -
of attachments.------------------ 55, 101
99,162,
103,104.
460
445.
446
451
451
320
88
346,
179,
179,
2
0
2:
INDEX. \
717
\ v .
Property,
not liable to replevin - - - - - - - - - - - .55, 138
replevied, when, may not be returned,
• 55, 143
left in vehicles. ------------------ 40, 77
protection of, from fire. -- - - - - - - - - - - 22, 7
j
distrained, where to be impounded. 21, 3
of judgment debtor (on execution) when
shown, to be appraised and delivered
by marshal to creditor, etc . . . .21, 17
of nonresidents taken on execution, how
appraised -------------------- 21, 18
subject to existing laws. - - - - - - - - - - 19, 6
of District vested in Commissioners,
19, 24
may be insured. ... ------------- 19, 35
condemned to be sold, etc. . . . . . . 19, 74
stealing of, etc ----------------. 16, 54
of habitual drunkards, may be controlled.
(See Cap. 10.)
. Proprietors,
of tenement houses to notify health
officer of infectious diseases, etc.,
28, 15
-Proposals,
for repairs of streets, etc - - - - - - - - - - 19, 55
- Pro8ecutions,
and penal statutes when not effected by
variance or defect of form. .34, 2,4,6
Prostitutes, .
how punished. -----------------. 16, 120
. Protection,
of property from fire - - - - - - - - - - - - - - 22, 7
. Protests, \
of notes and bills. (See Cap. 11.)
when evidence --------------. ---- ll, 15
of bills of exchange- - - - - - - - 8, 1, 2, 6–8, 12
Protestant Episcopal Churches. (See Cap. 15.)
Public Inspection, -
of books, etc., of collector of taxes. 65, 3
Public Property,
in streets, etc -------------------- 58, 40
Public Highways. (See Cap. 29.)
- Public Roads,
willful injury to, punished ... ---. 29, 23
Public Lamps,
use of, regulated - - - - - - - - - - - 59, 11, 12, 13
-Public Schools, - .
board of school trustees abolished; Com-
missioners vested with powers and
duties of said board, etc. - - - - - - 57, 1
school trustees; qualifications, how
appointed, term, etc.; powers and
duties of ---------------------- 57, 2
control and supervision of repairs of and
construction of school buildings,
Commissioners may delegate to
inspector of buildings. -- - - - - - - 57, 3
“children between certain ages shall be
sent to school; penalty for neglect of
such duty. (NOTE.—Separation of
males from females) - - - - - - - - - - - 57, 4
when penalty imposed by preceding sec-
tion not to be enforced - : - - - - - - 57, 5
: attendance of children may be enforced,
57, 6
children not vaccinated not to be admit-
ted to Schools - - - - - - - - - - - - - - - - - 57, 7
construction of laws relating to public
schools------------------------ 57,8
-general duties of school trustees . . .57, 9
Etrustees to provide for education of col-
Page. Public Schools—Continued.
471 where children may be placed in school,
57, 11
472 donations for colored schools to 'be
351 reported to Commissioners - - - - 57, 12
229 condemnation of land for school sites;
223, proceedings; powers of Commission-
ers in relation thereto - - - - - - - - 57, 13
when no appeal is made - - - - - - - - 57, 14
226 On appeal; proceedings and notice,
j
; costs of appeal; by whom payable,
y
verdict of jury, how returned. . .57, 17
201 when title shall pass, verdict to be
202 recorded in land records. - - - - - 57, 18
209 Commissioners’ option as to verdict,
166 57, 19
school-houses not to be located in certain
places, except with consent, etc.;
notice necessary-------------- 57, 20
reports of school trustees to Commis-
Sioners----------. ------------ 57, 21
263 superintendents of schools to be ap-
pointed by Commissioners; their
205 duties------------------------ 57, 22
compensation of. (NOTE.-Pay, etc.)
287, 288 for colored schools. (NOTE.-Consol-
j idation of offices of superintendents,
and salaries) ----------------- 57, 24
179 proportionate part of School money to be
set apart for colored schools. -57, 25
229 Commissioners to establish schools for
colored children. - - - - - - - - - - - - - 57, 26
land conveyed by United States for school
108 purposes not to be diverted. --57, 27
65, 67, part of a certain lot may be sold and
68 proceeds invested for school pur-
POSCS - - - - - - - - - - - - - - - - - - - - - - - - - 57, 28
SJ certain lots to revert to United States
519 if used for any purposes, except,
schools----------------------- 57, 29
497 certain lands set apart for school pur-
POS6S-- - - - - - - - - - - - - - - - - - - - - - - - 57, 30
study of effect of alcoholic drinks and
269 narcotics on the human system to b
a ! compulsory------------------ 57, 31
provision for enforcement of preceding
61 Section----------------------- 57
as to qualifications of teachers and
their certificates. (NOTE.-Molesting
teacher in discharge of duties or dis-
482 turbing schools). - - - - - - - - - - - - - 57, 33
janitors’ additional duties. - - - - - - - - 57, 34
night-school teachers may teach day
482 schools. (NOTE.-Commissioners’ re-
port as to number, etc., of teachers.)
57, 35
teachers, number of; their salaries fixed;
482 no discrimination between female
and male teachers in assigning sal-
aries; Commissioners to report num-
ber of teachers required and their
482 salaries----------------- ----- 57, 36
Commissioners restricted from employ-
483 ing agents to purchase school sites,
when ; commissions of agents when
483 employed.------------------- 57, 37
sº Commissioners' powers in condemnation
483 of land for sites for schools, engine
houses, and public stations . . . 57, 38
483 plans for same, by whom prepared and
483 approved.--------------------- 57, 39
normal school for education of pupils for
teachers---------------------- 57, 40
484 principal teacher for same. . . . . . 57, 41
Page.
484
484
484
484
484
485
485
485
485
486
486
486
486
486
486
486
487
487
487
487
487
488
488
ored children. (NoTE.—Use of school
buildings) -------------------57, 10
488
488
488
488
718
INDEX.
Public Schools—Continued. -
normal school, rules, regulations, and
course of study to be prescribed;
graduates of, to be preferred in selec-
tion of teachers 57, 42
Page.
489
h - 5 -
organization and establishment of schools
restricted.-------------------. 57, 43
their relation to property of intestates,
l, 151
Publication,
when required before probate of will,
* 70, 18
of delinquent taxes. -- - - - - - - - - - - - - 65, 77
of notice to change name. -- - - - - - - 55, 23
in sales of land------------------- 55, 55
of bans of matrimony. --- - - - - - - - - - - 30, 6
of notice in divorce cases. - - - - - - - - - 30, 31
of letting contracts for certain work,
of rules made under sec. 66, cap. 19.- - - -
of notice in chancery... 10, 9,49, 55, 79, 84
Punishments,
in penitentiary. --------- '* * * * * * 53,29, 31
of crimes. (See Cap. 16.)
Pupil Teachers,
education of.------------------ 57, 40, 42
Purchaser, -
at tax sale, title, etc. . . . . & & e º ºs s = * * 65, 66
at tax sale, his rights survive. - - - - 65, 73
of lands, when judgments are operative
against----------------------- 34, 17
of equitable title entitled to deed-lo, 72
rights of . . . . . . . . . . . . . s e s e s e s = s e 10, 75
Q.
Qualifications,
and otherwise of administrators and ex-
ecutoTS. - - - - ... - - - - - - - - - - - - - - l, 39, 46
Quashing, X-
of writs of attachment,
Quo FWarranto,
proceedings against Corporations. - 15, 14
when - - - - 55, 102
R.
Itape,
how punished.-------------------. 16, 22
assault with intent to . . . . . . . . . . . . 16, 23
I?ailroad Trains, -
running of regulated.----...----. 16, 125
Railroads,
fences of ------------------------ 16, 126
obstruction of streets by - - - - - - - - - 16, 127
tracks etc., of.------------------ 16, 128
warnings at Crossings of. -- - - - - - - 16, 131
shall not encumber streets and side-
Walks ----------------------- 16, 132
new tracks and grade. - - - - - - - - - - - 16, 133
to pave between rails - - - - - - - - - - - - 16, 134
to free ice and snow from between
tracks ----------------------- 16, 135
to be notified of laches, etc . . . . . . 16, 136
489
34
568
535
437
451
272
275
205
207
76,91,
93, 99,
101
431
488, 489
533
534
290
97
98
12, 14
464
123
160
160
180
Page.
350,351
490
490.
490
490
491
491.
491
491,
3.91
491
Railroad Companies,
stock of personal property, when and how
transferred; subscription for, how
called in ; certificate of to be re-
corded; how, and to what extent may
be increased; collection for subscrip-
tions, how enforced; general powers,
liabilities and restrictions upon; sur-
veys of and entries on lands etc.;
grants etc., to, how used; purchase of
real estate and payment therefor;
laying out and constructing roads;
appropriation of materials; restora-
tion of roads over streets; construc-
*~~,
180
180
180
181
18]
181
181
181
182
Railroad Companies—Continued.
tion of water courses and highways;
intersection with other roads; disa-
greements with other corporations;
motive power used; traffic; build-
ings, stations, etc.; fares and freight;
map and profile of road; record of
same; tracks crossing highways;
lands taken to be paid for; right to
acquire land;
fected; appropriation of lands by ;
how perfected; appraisement of lands
taken by ; payment for same; power
to borrow money and issue bonds;
annual report to be filed; carrying
the mails; making up trains, liabil-
d ity, etc.; refusing to transport per-
Sons and property; may put off pas-
sengers refusing to pay fare; em-
ployés to wear badges, etc.; route
and termini to be approved; opera-
title to, how per-
tion, management, freight, fares, etc.,
may be regulated by Congress; re-
peal right reserved. (See Cap. 15.)
“Ransomed,”
definition of... -------------------. l6, 1
Ravishment, *
of orphan. ------------------------27, 1
Rates, .
for Potomac water, etc. (See Cap. 68.)
of fares for carriages, etc . . . . . 40, 72, 75
Real Estate,
conveyance of
deeds to be recorded. . . . . . . . . . . . . . . 58, 1
acknowledgment of deed; before whom
may be made------------------ 58, 2
commissioner of deeds throughout the
United States; how appointed; term
of office; repeal 8, 3
certificate of acknowledgment. .. 58, 4.
certificate to official character of officer
when not commissioner of deeds-58,5
when made in foreign countries. 58, 6
certificate of officer when not made
before secretary of legation, etc. 58, 7
when made in foreign countries, etc.
58, 8
deeds entitled to be recorded to take
effect on delivery to recorder as
against creditors, etc. - - - - - - - - - 58, 9
preferences in record of two or more
deeds to same property - - - - - - :58, 10
title-bonds or other contracts in relation
to land, when may be recorded; effect
of as to notice to subsequent pur-
chasers ---------------- - - - - - - 58, 11
when married woman party to deed;
privy examination necessary. -58, 12
certificate of officer
effect of deed so acknowledged by
married woman 58, 14
conveyance for religious purposes.
when conveyances not void for want of
trustees to take and hold 58, 15
492.
492;
492;
492.
certain estates shall not pass except by
deed recorded 58, 16
appointment of trustees 58, 17
who may be sued and sue in relation to
title, etc.; suits not to abate, etc.,
* = * = = s. s = * * *** * *
sº 58, 18
limitation to use of land, for religious
purposeS - - - - - - - - - - - - - - ------- 58, 19.
gifts and devises to religious congrega-
tions, etc. ------------------- j
quieting land titles. -
certain deeds not to be invalid for want
of certain formalities 58, 21
defective acknowledgments cured. 58,22
.*
INDEX.
719
Real Estate—Continued. -
quieting land titles—continued.
defective acknowledgments, as to any
made by married women - - - - - - 58, 23
what acknowledgment by married
woman sufficient to bar dower-58, 24
when power of attorney of married
woman to pass title to lands suffi-
cient------------------------- 58, 25
record and copies (sec. 21) of deeds; evi-
dence; same subject. (See Note to
this 860tion). ------------------ 58, 26
construction of certain acts as to a C-
knowledgments and record of deeds.
- * T & - - - 58,27
what sufficient to express acknowledg-
ment of deed ----------------- 58, 28
certain exceptions as to parties non-
resident or absent parties to deeds
abrogated, etc. (NOTE). ----- 58, 29
certain acknowledgments made in for-
eign countries made valid; proviso,
conveyances shall be good without
attornment------------------- 58, 31
tenant shall not be prejudiced until noti-
fied of conveyance - - - - - - - - - - - - 58, 32
warranty by tenant for life void against
will of donor, in gifts entail, shall be
observed; limitation of alienation;
reversion. -------------------- 58, 34
as to gifts hereafter made, sections 33
and 34 are in force. - - - - - - - - - --58, 35
implied warranty, what Words are:
3
records relating to property shall be
open to the public - - - - - - - - - - - - 58
when lands escheat.
itors of intestate; when lands es-
cheate; how paid). -- - - - - - - - - - 58, 38
subdivision of land.
platting and subdivision of land; record-
ing same--------------------- 58, 39
when streets, avenues, and alleys become
public property - - - - - - - - - - - - - - 58, 40
right of way for extension of streets, 58,41
orders of Commissioners-- - - - - - - 58,42
future subdivisions to be in accordance
with general plan of city of Wash-
ington. NoTE.—Boundaries of land;
Page.
495
495
495
495
495
495
496
496
- 496
496
496
496
497
497
497
Receiving—Continued.
stolen property, second conviction. 16, 44
Potomac flats) - - - - - - - - - - - - - - - -58, 43
agent's license.------------------- 40, 51
alien persons and corporations not to ac-
quire -------- - - - - - - - - - - - - - - - - - - - 2, 1
when stock of corporations is held b
aliens, they can not acquire - - - - - 2, 2
maximum quantity that may be held by
Corporations ------------------- 2, 3
forfeiture of, when unlawfully held.. 2. 4
when foreign representatives and at-
taches may acquire. -- - - - - - - - - - - 2, 5
Ireal Estate Title Insurance Companies,
perpetuated ---------------------- 15, 37
Beal Property. (See Real Estate.)
lists of transfers of (taxes) - - - - - - - - - 65, 6
what, exempt from taxation. - - - - 65, 7, 8
Ičeargument,
in general term. ------------------ 35, 12
Reassessment,
of taxes in certain cases - - - - - - - - - - 65, 59
Rebate,
of money paid for license, when -- 65, 61
Receipt,
of plaintiff, when, satisfies judgment,
Receiving, )
stolen property------------------- 16, 43
497
497
497
497
498
347
519, 520
embezzled goods.--------- - - - - - - - - L6, 58
and buying stolen goods. . . . . . . . . . l6, 59
Recognizances,
how taken as special bail. .... ---- 55, 58
form of.----------------------- 55, 61
rules for-------------------. - - - - 55, 62
in arrests by justices of peace....35. 25
to be enrolled and bind lands from date,
34, 18
forfeited, on return of execution, defend-
ant may plead. ----...----..... 21, 6
Record, ..
of Will, when evidence - - - - - - - - - - - 70, 18
of Sales for taxes. -----...-- - - - - - - - - - 65, 74
of conveyance, etc., of personal property
to be recorded within twenty days,
23, 1.
of title bonds and other contracts in re.
lation to land; notice--------58, 11
exemplified, when not to be reversed,
55,94
Records,
relating to property to be open to public,
judgments on, when not to be reversed,
55, 92
pertaining to public highways. ---- 29, 3
of sister State, how authenticated, 34, 1
Recorder of Deeds,
appointment and duties of. -- - - - - - 59, 1
deputy; by whom appointed; his acts,
ete---------------------------- 59, 2
Vacancy of; deputy can act; proviso as
to additional costs and fees - - - -59, 3
deeds and other instruments to take effect,
When ; day and hour to be noted on
deeds, etc. - - - - - - - - - - - - - - - - - - - - 59, 4
provisions of previous section not to be
retroactive -------------------- 59, 5
rooms to be appropriated for, etc. .59,
when other rooms may be procured. 59, 7
fees of, enumerated. - - - - - - - - . . . . . . . 59, 8
certain records made valid - - - - - - - - 59, 9
recorder of deeds to number benevolent
associations, etc.-------------- 59, 10
to furnish list of transfers of real prop-
erty to collector of taxes - - - - - - 65, 6
the office and duties continued in force,
- 19, 13
Recovery, -
of fines (license).----- - - - - - - - - - - - - 40, 66
of illegal interest paid, how. (See Cap.
33.)
of damages on writ of dower - - - - -l, 166
of dower, when heir may avoid. ... 1, 169
Recovered Lands,
by husband, dower attaches to - - - -l, 169
Rectifiers,
license of.----------------------- 40, 52
Reduction, -
of special assessments - - - - - - - - - 65, 68, 69
Ičeentry, -
of lessor, When. ------------------ 38, 46
Reform Schools,
school established and buildings, etc.,
transferred to its trustees - - - - - 61, 1
trustees; how appointed, number, and
term of office. - - - - - - - - - - - - - - - - - 61, 2
one Commissioner of District to be a
trustee ------------------------ 61, 3
no compensation; only expenses allowed
trustees ----------------------- 6l, 4
trustees to visit and examine condition
of institutions; record of visits to
be kept -------------* * * * * = - - - - - 61, 5
incorporated ; powers. - - - - -* * * * * * * * 61, 6
Page.
164
167
167
452.
497
462
267
287
498
498
498.
498
499
720 INDEX.
Reform Schools—Continued. Page. Registered Bonds,
superintendent and other officers to be may be issued for coupon bonds -- 17, 22
appointed and salaries fixed-- - 61, 7 505 |. Registration,
treasurer, appointment of, bond and ..] of Wills -------------------------- 70, 15
duties------------------------- 61,8 505 || Regulation, }
Superintendent to give bond - - - - - - 6l, 9 505 of terms of court ----------------. 35,13
duties of superintendent and other offi- º Ičejection,
CCIS - - - - - - - - - - - - - - - - - - - - - - - - - - 61, 10 506 of proved or passed claims against estates,
Superintendent to have charge of lands, * l, 121
buildings, etc.; keep books, account Ičelatives
for money, etc., and keep register of Of judges when not to be employed.35, 7
boys. Trustees to examine accounts, of intestate, when to administer...i.46
departments, etc.------------- 6l, 11 506 | Relief find, " - y
commitment of boys convicted of offiremen......................... 22, 6
Crime - - - - - - - - - - - - - - - - - - - - - - - - 61, 12 3% | Religious Societies, -
When boys may be committed - - - - 61, 13 2% how incorporated; ownership of land;
When trustees may commit - - - - - - 6l, 14 507 trustees of their successors; corpo'
period of detention - - - - - - - - - - - - - - 6l, 15 507 Tate powers; alienation of aids.etc
Suspension of commitmento where school (See Cap. #3.) 2 * v-
is full------------------------ 61, 16 507 | Remedy -
penalty for enticing away or harboring of widow for dower...............l.. 163
boys; their arrest. - - - - - - - - - - - 61, 17 507 for dower tenants................. i. ió
employment of boys; apprenticing, in- Itemission, y
dentures --------------------- 61, 18 507 of forfeitures by the president. --55, 161
support of boys; contracts; executive Bemoval
officer and annual reports - - - - 61, 19 507 of causes before justices of peace. .37, 17
by-laws -------------------------- 61, 20 508 from office of justice of peace --- 37.11
Consulting trustees. ----- - - - - - - - - - 61, 21 508 of sick to hospital............. T.23:14
repeals:------------------ --------61, 22 508 of garbage, contracts for - - - - - - - - - 15.34
report to Commissioners of District of of property of district ...I.I.I.I. I6. 57
Columbia -------------- - - - - - - 61,23 508 of administrators and executors...i.2.6
board of * of girls' school incor- 8 JRenewal, - 3 - 5
porated ---------------------- 61, 24 50 in ſlo. - •,• * v- c. 4-3 ..ſº
may hold property; proviso - - - - 61, 25 508 of judgments before justices of Peº
authority of trustees. - - - - - - - - - - 61, 26 3% | Rent y
t 'vºv v,
tº: - - - - * * * * * * * * * - - - - - - we ºn as as s #. ; ; lien of landlord for.: ... ---------... 38, 2
reform-school laws made applicable, due ** satisfied before *śī
61, 29 508 - -j- - , --, -,--------- , a.
organizing board of trustees, etc.6i, 30 509 º: Y. º * * * * * * ; ;
amendments.-------------...-------- 61, 31 509 º e, w º CO º ... when re ! o
association for works of mercy to have OI’ . º Occupation, When º % - .
custody and control; teaching and ~~~ ºr º > → ;
employment of girls of certain age, º º:
how and when - - - - - - - - - - - - - - - - 61, 32 509 Rº:iºn OIl 6S50MUGS IOI - - - - - - j
commitment of girls to, for ofonsº, 33 509 by widow under Will, must be entire,
keeping and discharge of inmates -či. 34 509 h tial, etc l, lº. #.
When association may be appointed - \ €Il E. al, a seedings, etc...... i. iś
guardian and by whom - - - - - -. 61, 35 510 | 1. º OT, proceedlingS, etc. - - - - - - L,
JRefund - 4. j
; taxes, When ------------------- 65, 60 532 of º º alleys, *wº
of surplus of tax sales. -- - - - - - - 65, 62, 63 532 1° ner wor int act of legislativ
Register of Wills, &Il C * * . O egº;
appointment and duties of register. 60, 1 500 aSSembly, approved - - - - - - - - - - — = }
bond of register------------------- 60, 2 500 Repeal, º
oath of register - - - - - - - - - - - - - - - - - - - 60, 3 500 of laws taxing church property. 65, 17, 18
tenure of office -------------------- 60,4 500 of laws, acts of Congress passed prior tº
additional duties of. ------------ 60, 5, 6 500, 501 Dec. 1,1873------------------- 39, 12
may pass accounts, When- - - - - - - - - -60, 7 501 of acts of Maryland assembly passed
shall not practice law - - - - - - - - - - - - - 60, 8 501 prior to April 26, 1704------:-39, 13
penalty for charging for advice- - - - 60, 9 501 of all prior laws inconsistent with Mary-
penalty for receiving profits of any other land statute of wills, duties of per-
office----------------------- -- 60, 10 501 sonal representatives and guardians
fees ------------------------------ 60, 11 501 and rights of orphans-; ;39, 14
additional fees, when allowed - - - - 60, 12 503 | Replevin. (See Cap. 55, sees. 137–143.)
table of fees to be posted. - - - - - - - - 60, 13 503 of distress------------------------ 38, 69
forfeiture for neglect to post table offees, | Report,
60, 14 503 of donations for colored schools to be
penalty for taking excessive fees; how made ------------------------ 57, 12
recovered -------------------- 60, 15 503 of trustees of public schools. ----. 57, 21
record books and dockets, allowed. 60, 16 503 of health officer and assistants - - - -28, 3
fees limited for pauper estates - - - - 60, 17 '503 of marriages, deaths, burials and births.
may probate wills of personalty .. 70, 21 560
to furnish list of transfers of real prop- of Commissioners, what and how Imade.
erty to collector of taxes. ----...-65, 6 519 (See Cap. 19.)
the office and duties of continued in of charities, etc. (See Cap. 19.)
force----------------------- ... l.9, 13 199 of sinking fund------------------- 17, 23
Page.
191
293
14
14
333
333
333
27
339
334
484
485
260
28, 10, 11 261,262
191
INDEX.
721
Representatives, º
of persons when liable to United States,
1, 183
of intestate, shares of ------------ 1, 148
failure of.------------------ 1, 150, 151
Reservoir,
extension of, provided for -------- 68, 55
Residuary Legate08,
first entitled to letters. -- - - - - - - - - - - l, 63
Residue,
of intestates' estates, to whom paid. 1, 154
I?esigmation,
of justices of supreme court - - - - - -35, 8
Respites, -
for certain offenses within power of
Commissioners -----. - - - - - - - - - 19, 27
Page. Rules, etc.—Continued.
shall be adopted by court - - - - - - - - 35, 31
42 | Rye Flour, -
33 grades of.------------------------ 28, 29
34
550 S.
16 Sabbath Breaking ------------------ 16, 107
Safety,
34 in erection of buildings. ---. ---- 16, 115
St. Dominic's Church,
293 exempted from taxation . . . . . . . . . . 65, 13
St. John’s Parish,
voters' qualifications - - - - - - - - - - - - 15, 216
201, St. Mark's Protestant Episcopal Church,
i exempt from taxation - - - - - - - - - - - - 65, 12
.348 Salaries, -
183 of justices-------------------- 35, 3, 4, 8
of health officers and assistants. --- 28, 2
183 of District officials may be reduced, etc.,
19, 38
Sale,
161 of land by one or more executors--1, 85, 86
187 of personalty regulated by court. ... 1, 89
how ordered. -------------------- 1, 90
205 of intestates' personalty, when may be
| ordered. ---------------------- l, 155
24 of property for permit work. -----. 7, 19
[72 of property under decree, effect of, etc.,
4 j
225 of property of insane person regulated,
224 10, 17
. for their support. - - - - - - - - - - - - - - LO, 19
18 must be confirmed. - - - - - - - - - - 10, 20, 29
of property of minors or lunatics, when
31 Subject to mortgage - - - - - - - - - - , 22
of property of insane regulated... 10, 27, 30
30 by trustee---------------------- 10, 28
of property by creditor of person dying
. Seized -- - - - - - - - - - - - - - - - - - - - - - - º
196 of remainder or other interest in land of
| nonresident minors to pay debts of
191 person from whom derived...l.0, 61
of land by creditor of nonresident de-
496 cedent ----------------------- 10, 70
of decedent debtor’s land in legal title
holden.----------------------- i0, 73
of equitable title in lands, by creditor,
: 10,78, 80, 81
of goods under Warranty - - - - - - - - - - 16,91
457 of animals, etc., of District, proceeds to
459 | be deposited in Treasury. - - - - - 17, 26
of condemned District property. - . 19, 74
557 or levy; how affected by death of mar-
561. shal, etc ---------------------- 21, 1
12, 18 of personal property; conveyance to be
recorded, When - - - - - - - - - - - - - - - - 23, 1
169 of infants' real estate. (See Cap. 27.)
of goods distrained. (See Cap. 38.)
195 by pawnbrokers, when ; notice of ; sur-
: plus, etc. (See Cap. 53.)
497 under process, by publication. - - - - 55, 55
of attached property -----------. 55, 104
169, 170 of personal property for taxes; notice
170 of------------- - - - - - - - - - - - - - - - 65, 75
of land for taxes. (See Cap. 65.) *
Sanitary Precautions,
for penitentiary - - - - - - - - - - - - - - - - - - 53, 27
Sanitary Inspectors,
269 appointment of, etc. - - - - - - - - - - - - - - - 28, 3
153 Satisfaction of Execution,
ºrder of -------------------------> 2l, 4
270 by show of chattels, effect of . . . . . 21, 17
| Savings Banks,
428 corporations. (See Cap. 15.)
Page.
297
266
176
Itestaurants, 6tc.,
license for
to post price lists
not to discriminate between persons,
*
j
JReştilution,
after forcible entry, when
Retained Momey,
on contracts, disposition of, etc - - - - 17, 5
Retention, -
of part of contract price of work-19, 57
of assets by executors and administra-
tors for suits pending - - - - - - - - - - 1, 97
Ičeturm, -
of property, in replevin. -- - - - - - - 55, 143
of writ of execution, time of. - - - -21, 10
liability of marshal for failure to--21, 8
of inventory by executors and adminis-
trators, effect on others, etc. --- l, 79
of accounts by executors and adminis-
trators, effect of failure to - - - - 1, 133
of accounts by executors and adminis-
trators, When - - - - - - - - - - - - - - - - - l, 127
Revenue&,
of District, power of Commuissioners
OWel' - - - - - - - - - - - - - - - - - - - - - - - - - 19, 36
and appropriations must be placed in
Treasury. -------------------- 17, 25
Beversion,
after will executed - - - - - - - - - - - - - - - 58, 34
Ičeview,
of proceedings (equity), limitation of.
(See Cap. 10.)
Revivor,
of actions.----------------------- 55, 81
when infants not compelled to . . . . 55,82
Ičevocation, .
of wills relating to real estate - - - - - 70, 4
of letters after probate. - - - - - - - - - - 70, 27
of letters testamentary - - - - - - - - - l, 42, 78
Rewards,
not to be taken by jail officials. . . L6, 68
JRight of Entry,
not barred by descent, when . - - - - - 18, 11
Ičight of Way,
for extension of Streets . . . . . . -- - - - 58, 41
Rioters,
punishment of -- - - - - - - - - - - - - - - l6, 73–75
who shall assist to suppress - - - - - - 16, 75
Roads,
location of; change of; condemnation of
land for, etc. (See Cap. 29.)
Rock Creek, -
free bridge-----------. ----------- 29, 27
cemetery, privileges of - - - - - - - - - - 15, 214
IRockville and Georgetown,
public road ---------------------- 29, 28
Iºwles, etc., -
for convicts in penitentiary. . . . . . . 53, 12
94.
96;
97.
99, 100
174.
46 C S
722
INDEX.
Savings Banks—Continued. Page. Settlement,
to make and publish reports, etc.; sub- on wife before marriage, bars dower,
ject to national banking laws; ex- - , 172
amination of -----------. 15, 162, 163 144 | Several Lois, v.
Scale of Prices, - \ assessed to the same owner, one may be
in restaurants, etc. - - - - - - - - - - 16, 148–154 183, 184 sold for whole tax. - - - - - - - - - - - 65, 71
Scales - Several Defenses,
j . § &
public, right and privilege of, to be sold. sº &; jº * * * * * * * * * * * * * * * * * * * 55, 35
See Cap. 69. . . . g : 2
sand #.” ) * sº to be issued - - - - - - - - - - - - - - 17, 14
spread of, to be prevented. sº tº gº gº tº ºº & .28, 1 260 when alleys must be drained into. 7, 27
Schoolhouses, - | | Seaces, y
defined---------------------------- 65, 9 520 to be separated in penitentiary - - - 53, 27
not to be located in certainplaces except Shipowners
Scl by consent, etc., notice of -...-57, 20 485 limitation of liability of shipowners for
Chool, e e embezzlement by master or mariners,
property, which exempt from taxation, 62. 1
- - y
© fºº # * rº, 520 When more than one freighter suffers
trustees, qualifications, powers, duties, loss by embezzlement by master or
...etc ------- - - - - - - - - - - - - - - - ; :- - - 57, 2 482 mariners, their proportion to be aver-
buildings, construction, etc., of, how con- aged 62. 2
* : ) “S-, -, -- - - - - - - - - - - - - - - - - - - - - - - - - - - 3 *
. . trolled-----------------------. 57, 3 482 collusion on part of owners in settle-
districts regulated -----. .- - - - - - - - - 57, 11 484 ments of such liability -- - - - - - - 62, 3
sites, land for, how acquired--57, 13, 38 484,488 legal remedies against master or mari.
organization of, etc., restricted. --57, 43 489 Iners not impaired by this act -- 62, 4
... boards abolished. ---------------- 19, 62 206 Ships, ---
Scire Facias, . or cargo not to be insured except, when,
on judgment, payment may be pleaded, . • , 15, 173
tº ſº tº - 55, º 449 Sidewalks, -
before justice of the peace-------- 37, 21 # improvement and repair of ........ 7, 18
on judgment after year, when - - - - -34, 7 288 . Simkin g Fund
after interlocutory judgment - - - - - 34, 15 290 commission abolished ........... 17, 2
by administrators de bomis nom - - - - 34, 12 289 interest, appropriations for iž. 16.18
. Seal, Sister State - - - - - - )
of the District tº º º º tº - - - - - - - - - - - 19, 88–90 212 records of, how authenticated - - - - - 34, 1
Sealers of Weights and Measures, --, Sisters, -
S º; º: # regulated - - - - - - - - 69, 1 551 share of intestate's estate - - - - - l, 143,144
'Seat of Government Smallpoa hospital - - - - - - - - - - - - - - - - - - - 28. 1
of Únited States................... l9, 4 198 ;” º º * ... .I.I.I.I.I.I.i.e. 29
-Second Conviction, - Soldiers, - - - - :
of petit larceny, etc -------------- l6, 44 164: selling liquor to -------------- 16, 69–71
Seck Rents, etc., os | Special Improvements, - - - -
limitations as to ... --------------- 38, 49 328 how assessed and collected. (See Cap.
-Secretary of Treasury, 65.) -
to approve estimates, etc. - - - - - - - - 19, 47 204 Special Charge,
Secretary of District, to grand jury ------------------- 55, 157
to hold all official bonds - - - - - - - - - 19, 87 212 || Special Oath,
iSeoreting, etc., tº gaºy:------------------- 55, 156
records, books, etc., of District. -- 16, 57 167 || Special Partners, & e tº *
Security in limited partnerships; limited in num:
fºº #| |º
efore Justices of peace - - - - - - - - <! •+$4% ſº ºn n is 4 ºn on-c l, in . . ; , , l- > 1 .
counter, of executors and administrators, 0 º "..., Pº º
- 1, 177 4. > ***, *, *, ºº::
a CilllllllStral Ol'S - - - - - - - - - - - - - - - - - 5 &l. * . º, sº * . .
loy foreign administratórs and executors, #: º, º dº. º
;: j *. cy W.
Seizure - j *Y ise entered against; fiability of gen-
of chattels of nonresident and appraise- ; P º: % (See Limited Part-
ment ------------------------ 21, 18 227 nerships, Cap. 48.)
ASelling, Specific Performance, * *
abortive drugs ---------------- 16, 16–18 159 suits for, regulated --------------- 10, 55
liquor to Soldiers - - - - - - - - - - - - - - - - 16, 69 169 where lands descend to infant or luna-
by licensed vendors - - - - - - - - - - - - l6, 7 169 tig --------------------------- lo, 65
forfeiture of license - - - - - - - - - - - - 16, 71 169 against nonresidents - - - - - - - - - - - 10, 66
Sentence, Sperate Debts,
execution of, may be postponed. - 55, 162 442 administrators and executors lot liable
for crimes, etc., where to be executed, for--------------------------- 1, 129
l:6, 1 156 || Spoiled Fish, Game, etc.,
Service, - y (See Cap. 34.)
of process on Sunday, Void - - - - - - - - 55, 54 451 Spread, tº * t
-Set-off, of scarlet fever and diphtheria to be pre-
how regulated ---------------- 55, 11–18 443, 444 Vented.------------------------ 28, 1
how judgments on plea of, regulated, Spurious Food,
34, 21 291 not to be sold - - - - - - - - - - - - - - - - - - - - l6, 87
Page.
39
146
G.I.
187
190
33
260
161
169
475
474
30
173
INDEX.
723
Tage.
569, 570. A
216.
434
434
199.
57
60.
104.
427
433
442
460.
493
549, 550
4.
342.
176.
239,
485, 486
313
313
313
313
300
300
222
Stages and Omnibuses, . - Page. Subpoena—Continued. --
regulations for------------------- 40, 13 342 disobedience of, by witness, penalty,
Standard Time---------------------- 19, 92 212 - 71, 21–23
Standpipes and Fire Escapes, duces teowm------------------------ 20, 16
when to be provided • = - - - - - - - - - - - - 22, 7 229 Subsistence, -
Statement, ! of prisoners in penitentiary. - - - - - - 53,46
of accounts by administrators and execu- 9a | . of juvenile offenders - - - - - - - - - - - - - - 53, 48
Statu º • * ~ * ~ * * * - - - - - - - - - - - - * * * * * * l, 124 - 29 Successors, .. e --
Of jeofail extended to all judgments Of * municipal corporations º º w
f r 2 Mig --~~~ - - - - - - - - - - - - - - - - - - - - - - - - - - y --> .
Stay - 55, 4 {49 Suits, * # e. - - -
of' judgment on verdict - - - - - - - - - - - 55, 38 448 by foreign administrators and executors,
of execution, before justice of peace * @ * , l, 7
* 37, 36,37 3.13 on bond of administrators and executors,
none except, When - - - - - - - - - - - - - 35, 46 300 º: fadministrators and execu 1.19
in ejectment or dower - - - - - - - - - - - 34, 9 289 on bond of administrators and executors,
in judgments by executors and admin- . g 1, 100
istrators ----------------- 34, 10 289 by or against executors and administra-
on mandamus ..................g4! 10 289 tors ---------------- - - - - - - - - - - - 1, 91
how effected ... --------------- 2i, iſ; 223,3,3] by ººlºº
P. CéItalD. Of then] Illust . OC OI’Ollo'
on injunction - - - - - - - - - - - - 21, 4, 5, 47 } *; iſioi
(See Supersedeas.) .. by º and administrator; 1.
Stealing - 60t'S - - - - - - - - - - - - - - - - - - - - - - - -2. --
OT # uring books, etc., property of causes, how submitted for arbitration,
United States - - - - - - - - - - - - - - - - 16, 42 164 t tructi g * * * *º tº 5, 5
Steam Engineering and Boiler Inspection, a.S % : Tuctions in streets to be en-
steam engineers to be licensed. . . . . 63, 511 • * * º: - - - - - - - - - - - - - - - - - - - - - - - - - - 7, 6
board of examiners of; rules for exami- agalnSU receiveTS.----- - - - - - - - - - - - - - - 19,96
nation of---------------------- 63, 2 511 for recovery of land, when barred. (See
qualifications of. ------------------ 63,3 512 Cap. 43.)
fee for license of. ------------------ 63, 4 512 on specialties, when barred. (See Cap.
intoxication of, punishment for - - - - 63, 5 512 43.) t when barred. (S
penalty for employing nonlicensed engi- Oll º is, etc., when barred. (See
neers; exceptions-------------- 63, 6 512 g º 42.) brok how brough
section 6 not applicable, when - - - - - 63, 7 512 against pawnbrokers, now *g º
inspectors of steam boilers to be ap- ffecting penitentiary 52, 43
pointed; term of office; duties of; affecting penitentiary.------------ 53, 43.
compensation and proviso. -- - - 63, 8 512 | . equity, how º: - - - - - - - - - - - - º:
annual inspection of boilers; capacity tº: º *ś *.& º ºs º ºi o :55, 2
of boilers; certificates for to be y º * olders of real property
posted; record of and report of for ºf
inspector---------------------- 63.9 512 tº S-> Rºb yºsº,
penalty for using condemned boilers, S ington aqueduct. - - - - - - - - - - 68, 52, 53
- 63. 10 512 Summons
bond of inspector and oath of office, and notice to administrators ........ l, 5
63, 11 513 | Sunday. (See Sabbath.)
not to inspect steamboat boilers. - 63, 12 513 business places to be closed on.-->40,13
Stolem, Property, labor probibited. - - - - - - - - - - - - - - - - 16, 107
receiving of:--------------------- 16, 43 164 hunting or carrying gun on - - - - - - - 24, 17
buying of.-------------------- 16, 58, 59 167 Superintendent of Schools,
Storage - appointment of, etc. - - - - - - - - - - - 57, 22–24
of inflammable matter regulated.- . 19, 66 207 | Supersedeas, i
Straw, - - before justice of peace - - - - - - - - - - - 37, 36
sale and weight of, regulated. (See Cap. how entered.-------------------- 37, 37
- 69.) When not----------------------- 37, 38
Street Cars, execution on-------------------- 37. 39
regulations as to rails, etc.; penalties, no stay or supersedeas, sup. ct., except,
* etc. (See Cap. 15.) When ------------------------ 35, 46
Streets, none except, When - - - - - - - - - - - - - - - 35, 46
extension of---------------------- 58, 41 497 of eXecution, how - - - - - - - - - - - - - - - - - 21, 1
repairs of, etc., controlled - - - - - 19, 41, 55 203, 205 | Supervision,
permit work on pavements. ... 7, 7, 18, 1960,61,62 by police over pawnbrokers. (See Cap.
Street Venders, 46.
regulated ------------------------ 19, 66 207 | Suppression, &
Study, of contagious diseases amongst animals,
of effect of alcoholic drinks and narcotics * , 28, 18
Subd in public schools, etc. . .57, 31, 32, 33 487 of scarlet fever and diphtheria. . . .28, 1
wbdivision - Supreme Court,
oflººd, etc -----------------. 58, 39 497 jurisdiction of. -- - - - - - - - - - - - - - - - - - 35, 19
to be in accord with plat of Washing- to prescribe rules and forms for justices
ton City --------------------- 8, 498 of peace -------------------- ... 37, 6
Subornation, appeals to from justices of peace. .37, 40
of perjury------------------------ 16, 35 162 may remove justices of peace from office,
defined------------------------- 16, 37 163 37, 44
Subpoena, to fix bill of fees and costs before justices
to issue after bill filed, exceptions... 10, 4 74. of peace. ---------------. - - - - - 37, 45
724
INDEX.
Supply, -
of Potomac water, etc., regulated, (See
Cap 68.) ~ , -
Surelies,
on bonds in favor of United States, pri-
ority in assets - - - - - - - - - - - - - - - - l, 184
on bonds to secure District, who may not
be ---------------------------19, 23
Surely,
having paid obligation, entitled to assign-
ment and may sue on in his own
Page. Surveyor–Continued.
name - - - - - - - - - - - - - - - - - - - - - - - - - - - 6, 1
paying judgment entitled to assignment
and execution ----------------. 6, 2
Surplus, - \
of tax sales, how disposed of. (See Cap.
65.)
of proceeds of sale of land, heirs unknown,
how disposed of.---- - - - - - - - - - LO, 71
335, 336
515
515
516
to keep offices designated by commis-
sioners; shall preserve official rec-
ords and instruments -- - - - - - - - 64, 24
to keep account of fees and report same,
64, 25
papers, etc., of surveyor’s office to be
deemed property of District and part
- of public records; bond of . . . . 64, 26
Survey, -
of public high Ways, etc. - - - - - - - - - - 29, 3
Surviving,
right of action to a surviving party, death
of one or more plaintiffs or defend-
ants shall not abate action . . . 55, 84
W
T.
Talesman (see Cap. 36),
for juries before justices of peace. 37, 25
Taa’ation,
of lots and squares sold by United States,
, . 65, 57
Tawes,
collector’s duty as to revenues. . . . . 65, 1
as to tax bills; his liability for taxes
uncollected - - - - - - - - - - - - - - - - - - - 65, 2
as to account books; inspection, etc.,
y
as to aunoulits collected from leases and
Wharves ---------------------- 65, 4
salary of collector; his bond, oath of office,
etc.----------------------------65, 5
transfers of real property; list of to be
furnished semiannually by recorder
of deeds and register of wills... 65, 6
what real and personal property exempt
from taxation----------------- 65, 7
church; School, and cemetery property;
Which exempt.---------------- 65,
“school-houses” defined; taxes on re-
funded------------------------ 65, 9
cemeteries, which shall be taxed; pro-
Viso. -- - - - - * * * * * * * * * * * * * * * * * * * = 65, 10
the Luther Statue Association; property
exempt ---------------------- }
St. Mark's Protestant Episcopal Church
exempted from taxation; remission
of all taxes due and unpaid. . . 65, 12
St, Dorminic’s Church; certain taxes, etc.,
remitted --------------------- 65, 13
Young Men’s Christian Association; prop-
erty of exempt from taxation .. 65, 14
bonds, etc., of District exempt from tax-
ation ------------------------ 65, 15
orphan asylums; certain property of
exempt ---------------------- ,
repeal of laws taxing church property;
title to property sold for taxes re-
wested in trustees - - - - - - - - - - - - 65, 17
taxes paid to be refunded - - - - - - - 65, 18
Congress to appropriate 50 per cent of
estimates approved and balance to
be collected by taxation; limit to
taxation; tax on agricultural lands;
tax motice.
65, 19
assessment of real estate - - - - - - - - - - 65, 20
in 1883 and every third year, etc. 65, 21
District divided into 12 divisions;
assessors, their bond and oath, etc.
‘(NOTE. –Revision of assessments.)
Page.
460
assets of intestates, how disposed... l, 139
Surrender, . -
of prisoner by bailor - - - - - - - - - - - 55, 71, 72
of leases by lunatics, infants, and femme
covert - - - - - - - - - - - - - - - - - - - - - 38, 70–77
Surveyor,
legal office of record of division of
squares; plats of subdivisions; when
to be recorded in - - - - - - - - - - - - - - 64, 1
certified transcripts of records to be evi-
dence ------------------------- 64, 2
records of, to be public property - - - 64, 3
oath of Surveyor. - - - - - - - - - - - - - - - - ... 64, 4
plats of squares to be drawn to scale,
64, 5
plats shall show lines of property actu-
ally existing - y
subdivision of squares or lots by pro-
prietor; how made. - - - - - - - - - - , 64, 7
shall examine whether lots or squares may
be subdivided; shall certify same and
record plat; when - - - - - - - - - - - - - 64, 8
when lots or squares recorded, etc.; how
can be referred to by interested party,
64, 9
Ways, alleys, and passages on subdivis-
ion plats; to whom they shall belong,
64, 10
measurement of subdivisions; apportion-
lment of deficiencies - - - - - - - - - - 64, 11
encroachment of Wall in adjoining lot,
party walls
Occupation of land by party wall; duties
of surveyor and payment for .. 64, 14
examination of foundations of houses to
be erected; placing of lines for party
wall; certificate and its effect. 64, 15
fees for services performed - - - - - - - 64, 16
Subdivision of squares andlots belonging
to the United States - - - - - - - - - - 64, 17
Ino salary to be paid the surveyor or any
of his subordinates; office of assist-
ant surveyors abolished. - - - - - - 64, 18
Subdivision or alteration of boundaries
or change of surveys shall be made
only by the surveyor and certified;
how-------------------------- 64, 19
all records of divisions of squares, and
lots to be kept in office of; maps,
plans, etc., of District of Columbia;
how kept -------------------. 64, 20
graduations to be ascertained and re-
corded ---------------------- 64, 21
When bond of, is liable for his neglect or
el'ſ Ol' - - - - - - - - - - - - - - - - - - - - - - - - - 64. 22
Squares, lots, etc., to be marked out and
plans thereof furnished at request of
proprietor. ------------------- 64, 23
65, 22
maps, field books, etc., to be furnished;
deposit of same. ... -- - - - - - - - - - 65, 23
how assessments shall be made. . 65, 24
valuation of property. - - - - - - - - - 65, 25
returns by assessors - - - - - - - - - - - - 65, 26
(NOTE. —Tax on dogs.)
5555
2222
1.100
5
2
1
521
521
521
522
522
~ *
INDEX.
725
Taxes—Continued.
assessment of real estate, Ineglect of as-
sessor to perform duties: penalty for
neglect, etc ------------------ 65, 27.
board of equalizations of assessments;
their oath, quorum, record of their
proceedings, assessment valuation of
property, hearing of complaints,
report of assessments and equaliza-
tions ------------------------ 65, 28
pay of assessors. - - - - - - - - - - - - - - - 65, 29
valuation as rendered to constitute
basis of taxation. ------------ 65, 30
valuation of property to be added to
tax list; new structures and improve-
ments, return of, proviso. ----.65, 31
as to property omitted from lists, etc.;
proviso ---------. ------------ 65. 32
assessor may administer oath, etc.;
subpoenas; fees; false oath; penalty
for making------------------- 65,
repeal clause------------------- 65, 34
improvement taxes erroneously assessed;
low refunded and reassessed against
DTOper pel'SOnS - - - - - - - - - - - - - - - 65, 35
taxes not to be hypothecated - - - - - 65, 36
taxes; payment of may be regulated by
Commissioners, same subject to be
paid into the Treasury of the United
States; accounts for same to be set-
tled, etc., by officers of Treasury,
* 65, 37
taxes payable semiannually, in November
and May--------------------- 65, 38
3.
amendment twelfth section, act of March
3, 1877, past assessments of property;
Valuations to be as of June 1, except,
etc.; amendments eighth section,
act of March 3, 1877, as personal prop-
erty of temporary residents. . 65, 39
Census to be taken by assessors. . . 65, 40
penalty for delay in paying overdue
taxes ----------- - - - - - - - - - - - - - 65, 41
Sales of lands for taxes in arrears; ex-
penses of pamphlets and advertising;
Sales; certificate of sales; time for
redemption; deed; prima facie evi-
dence of title; minimum price to be
sold for; bidding in the property by
Commissioners; when so bid in not
exempt from taxation; suit to en-
force lien on unredeemed property;
right to redeem until proceedings
had; decree for sale; precedence of
tax cases; sale under decree; mini-
mum price; surplus proceeds; deed;
redemption by persons under dis-
ability----------------------- 65, 42
report of collector of sales; deposit of
Surplus proceeds - - - - - - - - - - - - - 65, 43
distress for delinquent tax on personal
property; sale of lands when no goods,
etc.; how ; advertisement; fees for
Selling; report of distraint and sale;
Surplus proceeds - - - - - - - - - - - - - 65, 44
valid existing debts to be deducted in
assessing personal property. - 65, 45
Schedules of personal property; same,
notice of to be advertised; same,
filling up and verifying; same, as-
Sessment on ; Same, failure to make;
Same, When return of not satisfac-
tory; Same, notice of rejection; same,
appeal; Same, false affidavit to ; pen-
alty ------------------------- 65, 46
appraisement of capital stock of corpora-
tions; deduction for real estate in
capital stock. ---------------. 65, 47
Page.
5
2
5
5
2
5
Taaces—Continued.
time and manner of assessments; allow-
ances made to persons coming per-
manently after June 30, 1878; goods
brought to be auctioned must pay
full tax---------. ------------ 65, 48
license act; legislative assembly repealed
in part ------------ ---------- 65, 49
corporation of District continued for col-
lection of taxes; suits and acquisi-
tion of property - - - - - - - - - - -... 65, 50
lots; designation of by numbers and let-
ters to be revised - - - - - - - - - - - - 65, 51
j
this act (March 3, 1877, ch. 117, 19 Stats.,
p. 396), permanent - - - - - - - - - - - 65, 52
fees for distresses of personalty to be
placed in Treasury. - - - - - - - - - .65, 53
fees collected by inspector of gas meters,
etc., to be paid to collector and de-
posited in Treasury - - - - - - - - - - 65, 54
United States property to be valued,
- - - '. 65, 55
how done.---------------------- 65, 56
taxation of lots and squares sold by the
United States.--------------- 65, 57
when sale of real property not made
according to law, amount paid by
purchaser to be refunded. - - - - 65, 58
reassessment in cases under previous
Section ----------------------- 65, 59
taxes erroneously paid to be refunded,
- 65, 60
rebate of money paid for license when
not granted.------------------ 65, 61
surplus at tax sales to be beld for benefit
of OWIler of property - - - - - - - - - 65, 62
how refunded - - - - - - - - - - - - - - - - - - 65, 63
errors in sales for taxes to be corrected,
65, 64
taxes remitted on lots in square No. 226
in Washington - - - - - - - - - - - - - - - 65, 65
purchasers at tax sales to have valid
title after two years, and deed to
issue------------------------- 65, 66
sale of real estate for arrears of taxes;
publication of list of delinquents;
advertising; sales at auction; repeal
provisions. (NOTE. — This section
Superseded). ----------------- 65, 67
certain assessments for improvement of
real property to be reduced. . . 65, 68
drawbacks for reductions to be issued
and received for taxes - - - - - - - - 65, 69
special improvements; how assessed and
Collected.--------------------- 65, 70
any one of several lots of same owner, or
any part of lots, may be sold for
taxes, etc., due on Whole. - - - - - 65, 71
sales of taxes not to be void for error in
computing amount - - - - - - - - - - - 65,72
heirs and assigns to have same rights as
purchaser at tax sale. ... -----. 65, 73
sales for taxes to be recorded in land
records ---------------------- 65, 74
personal property not to be sold for taxes
Without ten days’ public notice. 65,75
list of tax sales to be prepared and kept
for inspection; certificate of taxes
due to be furnished by collector; his
fee for same ; effect of certificate as
to taxes not included therein; public
records relating to real or personal
property to be open to public use
and inspection free of charge. 65, 76
publication of delinquent taxes... 65, 77
for water supply, fire plugs, and water
mains. (See Cap. 68.)
Page.
530
531
531
531
531
531
532
532
5
535
726
INDEX.
*
Taaces—Continued.
money received for, not to be diverted
from legitimate objects. -- - - - - 17, 27
Taa, Sales. (See Cap. 65.)
for improvements under permit work,
7, 19
Teachers,
in public schools, their necessary quali-
fications - - - - - - - - - - - - - - - - - - - - -57, 33
number and pay of, etc. - - - - - - - - - 57, 36
education of pupils for .----- 57, 40–42
Telegraph. Tſ’ires, g
erection of, regulated - - - - - - - - - 19, 70,71
Telephone PFires,
erection of, regulated - - - - - - - - - 19, 70, 71
Tenancy,
at will and by sufferance - - - - - - - - 38, 4–6
Tenant,
right of, to recover damages for irregu-
Page.
192
62
487
488
488, 489
208
208
316
g
larities in lawful distraint .38, 66,67333,334
333; 334 of land without notice shall not
be prejudiced - - - - - - - - - - - - - - - - 58, 32.
Tenants,
in common may sue each other for Waste,
*. 55, 49
plea in writ of dower.-- - - - - - - - - - - - 1, 167
Tender, * -
bars costs, when - - - - - - - - - - - - - - - - - - 55, 40
of fines, etc., must be in money. '55, 166
of amount due and costs, in suits to fore-
close mortgage, effect of. -- - - - - - 48, 1
justices of the peace may make, in bar of
action ----------------------- 37, 47
Term of Office,
of justices of Supreme court - - - - - - -35, 1
Terms,
of court. (See Cap 35.)
Teste, * -
of writs in mesne process. - - - - 55, 50–52
Testimony, -
of interested parties, when admissible,
71, 1–8
of witnesses outside of District, how ob-
tained. (See Cap. 71.)
can be taken, etc., by notary - - - - - -ll, 4
Theaters, tº
license for--------------------- 40, 54, 55
Thieves, etc.,
motorious, when may be arrested, etc.,
l6, 120
Thirty days notice (L. & T.) -- - - - - - - - 38, 5
Time,
in which wills must be delivered to regis-
ter, etc.----------------------- 70, 16
standard of ---------------------- 19,92
Title, -
of lands selected for public schools. 57, 18
of lands for public schools, when to re-
vert to United States - - - - - - 57, 29, 30
bonds and other contracts in relation to
and ; record of and effect of, as no-
tice to subsequent purchasers. 58, 11
Tobacco Plants, ---
injury to------------------------ 16, 105
Tournaments,
license for. ----------------------- 40, 49
Th'anscripts,
of docket entries of justice, clerk may
furnish------------------------ 37, 2
of records. (See Cap. 20.)
Transfers,
of real property to be reported to col-
lector of taxes - - - - - - - - - - - - - - - - - 65, 6
Transportation,
corporations, how formed, officers, duties,
liabilities, etc., etc. (See Cap. 15.)
Travel,
of roads by vehicles regulated . . .lé, 111
496
565–567
107
348
179
316
560
212
485
486,487
309
519,
177
Treasurer of United States,
to exercise duties of commissioner of
sinking fund . . . . . ------------- 17, 2
power to sell bonds to pay judgments of
Court of Claims. . . . . . . . . . . . . . . 17, 3
may purchase funded debt for sinking
fund -------------------------- 17, 4
duties of as to appropriations, etc. - 17, 16
Trespass, g
on land of another, etc. -- - - - - - - -,-ló, 78
on improved or cultivated lands - . 16, 79
on parks in front of houses. - - - - - 16, 121
upon public parks. -- - - - - - - - - - - - - 16, 124
Trial,
of issue of fact------------ - - - - - - - - 55, 2
of issue of law - - - - - - - - - - - - - - - - - - - - 55, 3
new, when granted. - - - - - - - - - - - - - - 55, 6
by jury, when next term intervenes. 55, 9
of criminals, defendants’ witnesses in,
55, 155
of landlord and tenant cases. . .38, 10, 11
before justices of the peace. - - - - - -37, 19
by jury ------------------------ 37,22
shall be public - - - - - - - - - - - - - - - - - 37,27
Trover and Detinue. (See Cap. 55.) -
defendant must give bail - - - - - - - - - 55, 57
Trustees,
of public schools, appointment, duties,
qualifications, term and powers of,
& 57, 2
general duties of.------- - - - - - - - - 57, 9
to report to commissioners. - - - - - 57, 21
of religious Societies, appointments, pow-
ers, and duties, etc., of. (See Cap.
15.)
to sell land, when may be appointed.
(See Cap. 10.)
bond of ------------------------ 10, 31
Thrust Estates,
held by lunatics or infants, power of
court over - - - - - - - - - - - - - - - - 10, 11–15
Trust Companies. (See Cap. 75.)
Truth,
of libel may be evidence, etc - - - - 55, 158
Underlakers,
license of
Unknown Heirs,
suits against to wrest title of property,
sale contracted by deceased ancestor,
OWIlêT - - - - - - - - - - - - - 10, 68, 71
United States, -
property of to be valued - - - - - - 65, 55, 56
laws of not locally inapplicable, in force,
j
not to rent buildings except when .38, 16
priority of in settlement of estates of
intestates - - - - - - - - - - - - - - - - 1, 181, 182
in assets of estates. - - - - - - - - - - - - - - - l, 184
liability of personal representatives to,
5
Unlawful Entries,
with intent to destroy property ... 16, 28
Use,
of penitentiary, etc - - - - - - - - - - - - - - - 53, 2
Usee,
when liable for costs - - - - - - - - - - 50,97, 98
Uses, Statute of,
lands, etc., held to use of another under
will, etc., to vest in usee. - - - - - 66, 1
beld by one or more jointly to use of
one or more of joint holders, vest in
llSCCS - - - - - - - - - - - - - - - - - - - - - - - - .66, 2
persons seized to any use in lands, etc.,
shall be seized to any other use. 66, 3
&
8,
482
483.
485
84
479
J.75
343
161
428.
416
536
INDEX.
727
Jses, Statute of Continued. , -
where persons are seized of lands to use:
of another, for annual rent to One
and rent for life to another, such
usees deemed to be in possession and
seized, of such estate as if convey-
ance to him had been made; powers
to distrain; suits to be in name of
Page.
llS06 - - - - - - - - - - - - - - - - - - - - - - - - 66, 4, 5,537, 538
Cestui que use may take same advantage,
etc., as person seized to use of, in
lands, etc, had, should or ought to
have against any other person, for
Waste, trespass, etc. - - - - - - - - - - - 66, 6
Usurious Interest, * * -
what is, and how recovered by payor.
(See Cap. 33.) -
Uttering Jorgeries,
538
163
483
179
451
113
47
7
or counterfeit money - - - - - - - - - - - - - 16, 39
- W.
Vaccination,
of children, enforced before admission
to public Schools. - - - - - - - - - - - - - 57, 7
Wagnants, *. - - -
arrest of.--------------------- - - - 16, 120
Validity,
of sales under process by publication,
- 55, 55
Valuables,
found on bodies by coroner, disposition of,
}
Valuation, - , *
of property for taxation. . . .65, 25, 30–33 523,524
Value,
of £ Sterling fixed--------------- 55, 166
Variance, - º
not to affect judgments, when - - - - 34, 3, 5
Vehicles,
at wharves and railroad stations, Su-
pervision of ------------------ 40, 84
definition of---------------------- -39, 7
carrying infected persons, must be disin-
fected.----------------------- 28, 16
stands, etc., regulated.------------- 19, 66
to keep to right of road. . . . . . . . . . 16, 111
Vendors,
Street, regulated.------------------ 19, 66
Venire, - -
before justices of peace- - - - - - - - - - - 37,23
Wenue,
change of, before justices of peace-- 37, 17
Verdict, - -
for less than jurisdictional sum, not to
carry costs - - - - - - - - - - - - - - - - - - - 55, 19.
defects not to affect judgment. - 55, 37, 38
before justice of peace - - - - - - - - - - - 37,29
judgment and execution thereon-37, 30
Verification;
of plea in abatement. -- - - - - - … 55,86
Vessel, -
definition of.---------------------- 39, 6
Vestry Act,
of Maryland. - (See Cap. 15.)
Violations, - - -
of law by officials of penitentiary, pen-
alty-------------------------- 53, 41
Visitors, *
to penitentiary, admission of . . . . .53, 40
Wisitation,
of houses by health officer in cases of
infectious diseases.... -- - - - - - - 28, 13
Fital Statistics, -
record of, to be kept by health officer,
28, 10
287
354
338
263
207
177
311
310 |
444
448
312
312 ||
460
338
432
432
432
261
W.
Warden of Penitentiary,
appointment, etc. (See Cap. 53.)
Warden of Jail,
appointment, etc. (See Cap. 33.)
Warrant,
for escapes granted on affidavit--.55, 75
- can be executed on Sunday - - - - - 55, 76
may be issued by justices of the peace,
returnable, etc - - - - - - - - - - - - - - - - 37, 9
issued by justices of the peace, when
returnable - - - - - - - - - - - - - - - - - - -37, 15
how they shall be directed. . . . . . 37, 14
Warranty, . . .
implied, what words create . . . . . . . 58, 36
Washington Aqueduct,
charge of, etc. (See Cap: 68.)
Washington City, , -
laws and ordinancos continued in *
- 39,
to continue to be known as such. . . 19, 8
charter of, continued for certain pur-
POS6S-- - - - - - - - - - - - - - - - - - - - - - - - - 19, 9
Washington Gas Light Company,
gas mains, how to be laid and replaced,
- 19, 61
Washington Humane Society,
present name of “Washington Humane
Society;” operations extended to pro-
tection of children as well as animals;
officers and agents may prefer com-
plaints before courts - - - - - - - - - - 67, 1
police to aid officers in discharge of duty
and detail police or commission
agents; powers of officers; commit-
ment of children; appeal by parent
or guardian; rules for impounding
domestic animals; Bureau Animal
Industry ---------------------- 67, 2
penalty for abuse, abandonment, or
wrongfully employing children.67, 3
penalty for enticing female child to be-
come prostitute or for using a child
for obscene, etc., purposes - - - - -67, 4
penalty for overdriving, etc., any ani-
mals or depriving them of food.-- 67, 5
penalty for other cruelties. -- - - - - - - 67, 6
transportation of animals regulated,
* - •, 67,7
penalty for neglect of preceding require-
ments ------------------------- 67, 8
search for aniulals believed to be ill-
treated.------------------------ 67, 9
prosecution of offenders; disposition of
fines ------------------------- 67, 10
impounded animals to be fed and watered;
penalty for failure. - - - - - - - - - - - 67, 11
officers of society Imay afford relief and
costs collected from owner of ani-
mal -------------------------- 67, 12
fighting or baiting fowls, etc., prohib-
ited; penalty----------------- 67, 13
sick or disabled animals not to be aban-
doned or neglected by owner; pen-
alty-------------------------- 67, 14
scientific experiments, etc.; when per-
mitted ----------------------- 67, 15
definitions pertinent to this act; knowl-
edge and acts of its agents declared
acts of corporations - - - - - - - - - - 67, 16
Waste,
maintainable by one tenant in common
against others ---------------- 55, 49
actions of, damages, liability of parties
for. (See Cap. 38.)
Page.
450
456
31()
31()
310
497
338
198
199
728
Water,
water service to be under Commissioners,
except, etc. (NOTE.-Fraud as to
Water supply) ----------------- 68, 1
water department under direction of
Engineer's office -- - - - - - - - - - - - - - 68. 2
Potomac water, how distributed. . . 65, 3
no expense to devolve upon United
States------------------------- 68, 4
water-main taxes and water rent to be
uniform----------------------- 68, 5
water rates apportioned and how col-
lected.--------------------- - - - - 68, 6
water rates not to be source of revenue,
etc.--------------------------- 68, 7
extended to entire District. - - - - - 68, 8
laws relating to, now in force exteº,
68,
fiscal year of water department. .68, 10
water-main tax in Washington - - - - 68, 11
to be uniform and equal- - - - - - - - 68, 12
how levied and collected. - - - - - 68, 13
payment of installments and interest
Oll Salné - - - - - - - - - - - - - - - - - - - - - - 68, 14
to constitute a fund to defray cost of,
etc.--------------------------- 68, 15
rate of interest on installment of tax,
increased -------------------- 68, 16
water pipes, fire plugs, and hydrant,
When may be laid. -- - - - - - - - - - 68, 17
fire-plug tax--------------------- 68, 18
limit of, and how levied - - - - - - - - 68, 19
When it shall cease. - - - - - - - - - - - - 68, 20
when to be renewed. - - - - - ------ 68,21
Potomac water service, when it may be
shut off---------------------- 68, 22
its use for certain purposes may be
allowed ---------------------- 58, 23
When supply to be measured and price
of same ---------------------- 68, 24
the application of rents - - - - - - - - 68, 25
unlawful tapping of pipes a misde-
meanor; penalty for - - - - - - - - - - 68, 26
Who shall prosecute for violations of
Section 26-------------------- 68, 27
penalty for injuring pipes or fixtures,
68, 28
penalty for making water impure, etc.,
68, 29
Washington Aqueduct, Chief of Engi-
neers to have charge of . . . . . . .68, 30
to be under orders of the President,
respecting control of lands around, and
as to removal of railroad from bridge,
etc. -------------------------- 68,32
as to how moneys appropriated for,
shall be expended; also as to other
public works in District - - - - 68, 33
unauthorized opening of pipes; pen-
alty for ---------------------. 68, 34
laying of pipes for use of public build-
ings; District to pay cost of laying
Supply pipes for use of people of
Washington and Georgetown. 68, 35
compensation of Chief of Engineers,
68,36
apartments, etc., of Chief of Engineers,
68,37
record of property belonging to, to be
kept ------------------------- 68,38
control of water supply regulated,
etc. -------------------------- 68,39
appeal to Secretary of War. -- - - 68, 40
report of Chief of Engineers - - - - 68,41
each tenement to have separate supply
pipe, etc --------------------- 68, 42
permits for, regulated . . . . . . . . . . 68, 43
545
545
545
545
546
547
547
547
y
547
547
547
547
547
Water—Continued.
Washington Aqueduct, when water may
be cut off from Georgetown Col-
lege. ------------------------- 68, 44
water-main and fire-plug tax, how levied
and collected - - - - - - - - - - - - - - - - 68, 45
by whom to be collected and how ap-
plied------------------------- 68, 46
Commissioners to determine where
mains shall be laid. - - - - - - - - - 68, 47
Washington Aqueduct, increase of water
Supply; Survey, etc - - - - - - - - - - 68, 48
avenue over; condemnation of lands
for, etc.; appraisers for; valuation
of--------------- '• - - - - - - - - - - - - 68, 49
how land shall be appraised. . . . 68, 50
compensation of appraisers - - - - - 68, 51
damages; how sued for
procedure in suits for; limitation,
68, 53
when title to lands vests in United
States------------------------ 68, 54
extension of; to build reservoir; dam
at Great Falls, etc - - - - - - - - - - - .68, 55
fish ways at Great Falls; costs of, how
paid, etc.--------------------- 68, 56
mains, when and how laid; tapped; taxes
for, how assessed, paid, etc. (See
Cap. 68.) -
pipes, how laid, when may be, etc. (See
Cap. 68.)
rates. (See Cap. 68.)
service. (See Cap. 68.)
supply. (See Cap. 68.)
service, powers of Commissioners as to,
19, 28
mains, how to be laid and replaced .19, 61
supply, interest on, appropriations for,
how disbursed. . . . . . . . . . . . . . . . 17, 16
Weapons,
concealed, carrying of - - - - - - - - - - -le, 119
Weight, & - - -
of flour, regulated - - - - - - - - - - - - - - - - 28, 24
Weights and Measures, -
fees, emoluments, and duties of sealers,
inspectors, gaugers, measurers, etc.,
regulated --------------------- 69, 1
sale of hay and straw regulated. . . 69, 2
hay, straw, etc., to be sold by weight,
who shall weigh, etc. - - - - - - - - - 69, 3
weight and certificate; penalty for not
Weighing --------------------- 69, 4
penalty on Weigher for nonattendance
at Scale-------------------- - - - - 69, 5
Weigher’s fees.---- - - - - - - - - - - - - - -. 69, 6
certificate of Weight - - - - - - - - - - - - 69, 7
cwt. to be 100 pounds; weigher to make
returns; weigher to allow in weight
for damp, etc - - - - - - - - - - - - - - - - - 69, 8
scales to be examined; ſee of sealer of
Weights, etc . . . -- - - - - - - - - - - - - - - 69, 9
privilege of scales to be sold annually,
j
to whom ; weigh master, how qual-
ified. ------------------------- 69, 11
fees of Weighers-- - - - - - - - - - - - - - - 69, 12
scales to be kept in repair. . . . . . . . 69, 13
hay, etc., not weighed, not to be offered
for sale; penalty for violation of this
Section----------------------- 69, 14
public scales in markets, etc., to be dis-
posed of, etc.; fees for weighing to
be fixed and posted. . . . . . . . . . . 69, 15
cut hay to be sold by weight . . . . . 69, 16
repeal clause -------------------- 69, 17
public scales at Brightwood and Union-
town; proviso. -- - - - - - - - - - - - - - 69, 18
sale of; same regulation and penalty,
etc. . . . . . . . . . . . . . ------------- 69, 19
201
206
190
178
264
tº ſº
554
INDEX.
729
Weights and Measure8—Continued.
coal, sale of, regulated by Commission-
CIS - - - - - - - - - - - - - - - - - - - - - , a. as s as a sº 69,20
coal, weighing and selling of, regulated;
compensation of inspectors. --69, 21
Whipping
ºd......................... 16, 4
Widow8,
may bequeath crop of their lands. 70, 19
Width,
and location of public roads regulated, 5
- 29,
Wife's, º
property and other rights. (See Cap. 30.)
Wills,
how wills shall be made and their º
70,
to be in accord with laws and constitu-
tion of the State of Maryland... 70, 2
testator's qualifications as to age and
capacity ---------- - - - - - - - - - - - - 70, 3
of lands to be in writing; how attested;
how revoked ------------------ 7O, 4.
affecting lands, when attested by any
beneficiary, void as to his interest,
but he can prove execution - - - - 70, 5
creditors of debts charged on lands may
Witness ----------------------- 70,6
beneficiary attesting, whose interest is
void as witness, barred from taking,
- - 70, 7
proviso as to preceding three sections, 8
- 7O
Page. || Wills–Continued.
qualifications of witnesses to nuncupa-
554 tive Wills -------------------- 70,
probate of nuncupative wills.----'70, 31
554. when letters or probate of nuncupative
wills shall be effective - - - - - - - - 70, 32
156 proof of wills by commission - - - - - - 70, 33
will to accompany commission - - - - 70, 34
560 depositions taken by commission equal
to Oral testimony. -- - - - - - - - - - - 70, 35
creditors not to be defrauded by wills,
267 70, 36
wills fraudulent against creditors. 70, 37
heir and devisee jointly liable. --- 70, 38
devise pursuant to marriage contract
and for just debt, valid. ------ 70, 39
556. when heir is liable for value of the land,
t 70, 40
557 heir may plead “nothing by descent; ”
replication and issue. -- - - - - - - 70, 4
557 devisee liable as heir. - - - - - - - - - - - - 70, 42
married Woman may devise property, 9
557 - - , 24%
proof of (evidence).--------------20, 34
register of, duties, etc. (See Cap. 60.)
557 devising land for religious purposes,
etc.; proviso as to date of willsand
558 death of testator - - - - - - - - - - - - - 58, 20
Winner of Monies,
shall make discoveries, and loser of £10
558 or more at cards may recover by
Suit -------------------------- 25, 14
558 Witnesses, *
interested parties may be witnesses.
558 (NOTE.-On lettersrogatory from for-
559 eign courts, etc.; when Subpoenas
559 run to another district; attendance
of, on grand and petit juries, when
559 required on behalf of United States;
poor defendants in criminal cases
559 may procure) ----------------- 71, 1
when interested parties may not be wit-
559 DCSS6S - - - - - - - - - - - - - - - - - - - - - - - - 71, 2
affirmation, when allowed in lieu of
4. oath -------------------------- 71, 3
559 right to affirm must be shown by testi-
DDODY - - - - - - - - - - - - - - - - - - - - - - - - - 71, 4
no witness excluded on account of color
560 or interest, provided, etc.; interested
parties may testify in Court of
560 Claims----------- <- - - - - - - - - - - - - 71, 5
parties particeps criminis competent and
compellable to give testimony against
560 other defendants, etc.; their testi-
mony not to be used against them,
560 71, 6
560 no exclusion on account of color; equal
rights, penalties, etc - - - - - - - - - - 71, 7
560 defendants in criminal cases may be wit-
nesses, etc -------------------- 71, 8
561 fees of witnesses. -- - - - - - - - - - - - - - - - 71, 9
and mileage-------------------- 71, 10
561 double fees to witnesses not allowed
71, 11
561 fees of witnesses while detained in
prison -----------------------71, 12
in criminal cases, may be imprisoned in
561 default of security. - - - - - - - - - - 71, 13
fees of witnesses, in District of Colum-
561 bia, before Houses of Congress. 71, 14
fees (witness) not allowed officers of
United States courts - - - - - - - - - 71, 15
561 in suits pending elsewhere; how deposi-
tions obtained in the District of
Columbia -------------------- 71, 16
562 when no commission nor notice. 71, 17
562 taking and Iemitting depositions -- 71, 18
Page.
562
562
562
563
563
563
56
563
563
564
564
564
565
275
220
493
244
after acquired, real estate may be devised
by Will------------------------ 70, 9
devises of land to churches, etc. -- 70, 10
devises of land to parish, when - - - - 70, 11
proviso as to preceding two sections,
70, 12
when actions may be maintained by cred-
- itors against devisees - - - - - - - - 70, 13
punishment for altering, destroying, or
Secreting Wills. -- - - - - - - - - - - - - 70, 14
custodians, etc., of Wills may open and
read, etc.; laust deliver to register;
duty of register, etc. - - - - - - - - - 70, 15
wills must be delivered to register within
three months after death of testator;
penalty for neglect - - - - - - - - - - - 70, 16
attested copy of Will, under seal; when
evidence - - - - - - - - - - - - - - - - - - - - - 70, 17
record of will to be prima facie evidence
of contents; not to apply to pending
70, 19
wills of personalty may be proved. 70, 20
when register may take probate of wills
of personalty. ---------------- 70, 21
when court may take probate of wills of
personalty. ------------------ 70, 22
how wills shall be authenticated or
proved ---------------------- 70,23
caveats against, to be decided by court,
70, 24
when probate taken by register and ca-
weat entered, letters shall not issue
until hearing by court - - - - - - - - 70, 25
examination of witnesses and of person
exhibiting will - - - - - - - - - - - - - - - 70, 26
When reexamination and hearing after
probate; when nuncupative wills
shall be proven -------------- 70,27
wills as to personalty not to be repealed,
altered, or changed except by writ-
ing, etc ---------------------- 70, 28
nuncupative wills; when valid. -- 70, 29
565
566
568
568
569
730
INDEX.
TWitnesses—Continued.
depositions of foreign witnesses in civil
suits, how obtained; effect of, at
hearing. Depositions, de bene esse;
under dedimus, and in perpetuam. (See
Note at foot of this section).---- 71, 19
fees of witnesses testifying in suits else-
where; depositions under foreign
commission or letters rogatory. (See
Note to this section). - - - - - - - - - - - 71, 20
penalty for monattendance after fees ten-
dered ------------------------ 7l, 21
on default, after process served, liability
of witnesses in civil actions to at-
tachment; being present and refusing
to testify, may be committed, etc.,
- 71, 22
penalty for neglect to attend. (NOTE.—
Proceedings against, for refusing to
testify before houses of Congress.)
} . */
commissions to take testimony in crim-
inal cases-------------------- 71,24
who may be commissioners- - - - - - - 71, 25
What commission must state - - - - - - 71, 26
notice by defendant to district attoºs,
71, 27
contents of notice--- - - - - - - - - - - - -- 71, 28
service of copy of notice - - - - - - - - - - 71, 29
district attorney may file cross-inter-
rogatories, otherwise clerkimust file,
etc ------------- - - - - - - - - - - - - - 71, 30
the commission ------------------ 71, 31
duties of commissioners- - - - - - - - - - 71, 32
exhibits to testimony, disposition of,
71, 33
certificate and return of commission,
r 71, 34
deviations from unimportant directions
not to affect, etc - 71, 35
court may establish further rules, etc.;
proof of wills by commission. (See
“Wills,” ante.) - - - - - - - - - - - - - - - - 7l, 36
having beneficialinterest inlands devised
can attest, but loses interest,
70, 5, 7
to will, creditor of estate may be... 70, 6
Page. j. Witnesses—Continued. Page.
to will, examination of . . . . . . 70, 26, 27, 32 561,562
to nongupative will-- - - - - - - - - - - - - - 70, 30 562
to wills, non-resident, how examined
- 70, 33 563
569 for defendants in criminal cases. - 55, 155 474.
- before justices of peace. . . . . . -- - - - 37, 18 311
before Congress, their testimony not to
be used against them in criminal
569 CaS6S-- - - - - - - - - - - - - - - - - - - - - - -- 20, 28 219
when convicted. of perjury, etc., dis-
569 qualified --------------------- 16. 163
offenders under abortion laws compelled
to testify, etc.--------------. 16, 20 159
Women, .
may make wills when 18 years of age,
569 - 70, 3 557
married, their property rights, powers,
etc. (See Cap. 30.)
* maiden or previous name may be restored,
570 When ------------------------ 30, 44 277
Wood and Coal Yards,
570. When licensed - - - - - - - - - - - - - - - - - - - - - 40, 9 342
570 | Writs, -
4570 in mesne process, test of.... 55, 50, 52, 53 451
- when they abate for want of names of
570 defendant-------------------- 55,83 460
570 of error, amendment of. - - - - - - - - - 55, 99 463
570. of error and appeals - - - - - - - - - - 35, 43, 44 299
original, from justices of peace. . .37, 13 310
of inquiry after interlocutory judg-
570 ment------------------------ y 290
571 in blank not to be delivered by clerk,
571 16, 106 176
Written Will, - •
571 of personalty can Inot be varied by words,
70, 28 562
571
Y.
571
Year, -
leap, last day of month of February in,
57.1 to be counted with 28th - - - - - - 19, 94 212
fiscal, when it commences. - - - - - - - 19, 93 212
Young Men's Christian Association,
557, 558 property of, exempted from taxation, -
558 || 65, 14 521
O
--! -
UNIVERSITY OF MICHIGAN
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