2 Seizures. forfeitures. districts, as well as upon the high seas; saving to suitors, in all cases, the right of a common law remedy, where the common law is competent to give it; and shall also have exclusive original cognisance of all seizures on land, or other waters than as aforesaid made, and of all suits for penaltics and forfeitures incurred, under the laws of the United States:(a) And shall also have cognisance, concurrent with the courts of the several Penalties and states, or the circuit courts, as the case may be, of all causes where an alien sues for a tort only in violation of the law of nations or a treaty of the United States. And shall Suits by aliens also have cognisance, concurrent, as last mentioned, of all suits at common law where the United States suc, (b) and the matter in dispute amounts, exclusive of costs, to the By the United sum or value of one hundred dollars. (c) And shall also have jurisdiction exclusively of Suits against the courts of the several states, of all suits against consuls (d) or vice consuls, except for consuls. offences above the description aforesaid. And the trial of issues in fact, in the district Facts to be tried courts, in all causes, except civil causes of admiralty and maritime jurisdiction, shall be by jury, except in admiralty. by jury.(e) States. other district for 12. But no person shall be arrested in one district for trial in another, in any civil Ibid. 11. action before a circuit or district court.(g) And no civil suit shall be brought before No person to be either of said courts against an inhabitant of the United States, by any original process arrested in anin any other district than that whereof he is an inhabitant, or in which he shall be found trial in a civil at the time of serving the writ;(h) nor shall any district or circuit court have cognisance court. of any suit to recover the contents of any promissory note or other chose in action in No process to be favor of an assignee, unless a suit might have been prosecuted in such court to recover proper district. the said contents if no assignment had been made, except in cases of foreign bills of Suits by assignees. exchange.(i) And the circuit courts shall also have appellate jurisdiction from the Appeals to circuit district courts under the regulations and restrictions hereinafter provided.(k) served out of the courts. 3 Stat. 245. 13. The district court of the United States shall have dognisance concurrent with the 3 March 1815 8 4. courts and magistrates of the several states, and the circuit courts of the United States, of all suits at common law, (1) where the United States or any officer thereof, under the Jurisdiction enauthority of any act of congress, shall sue, although the debt, claim or other matter in the United States dispute, shall not amount to one hundred dollars. larged in suits by or their officers. 3 Stat. 789. 14. The district courts of the United States, in districts where no circuit courts are 3 March 1823 § 1. holden, shall have cognisance of all cases arising under an act of congress, approved May 15th 1820, (m) entitled “An act to continue in force an act to protect the commerce To have jurisdic tion of trials for of the United States, and punish the crime of piracy, and, also, to make further provi- piracy in certain sions for punishing the crime of piracy ;" and shall have the same power and jurisdiction therein, as the circuit courts of the United States, under the same act. cases. 5 Stat. 517. To have concur rent criminal 15. The district courts of the United States shall have concurrent jurisdiction with the 23 Aug. 1842 3 3. circuit courts of all crimes and offences against the United States, the punishment of which is not capital. And in such of the districts where the business of the court may require it to be done for the purposes of justice, and to prevent undue expenses and jurisdiction, exdelays in the trial of criminal causes, the said district courts shall hold monthly adjourncept in capital ments of the regular terms thereof for the trial and hearing of such causes. III. MISCELLANEOUS PROVISIONS. cases. 1 Stat. 76. absence of the 16. A district court, in case of the inability of the judge to attend at the commence- 24 Sept. 1789 3 6. ment of a session, may, by virtue of a written order from the said judge, directed to the marshal of the district, be adjourned by the said marshal to such day, antecedent to the Adjournments in next stated session of the said court, as in the said order shall be appointed; and in judge. case of the death of the said judge, and his vacancy not being supplied, all process, pleadings and proceedings of what nature soever, pending before the said court, shall be continued, of course, until the next stated session after the appointment and acceptance of the office by his successor. (a) See ante 24, and notes. (b) The United States may sue in the district court as indorsees of a promissory note, although the maker and payee were citizens of the same state, the restriction contained in 11 of the judiciary act, (infra, 12), not being intended to apply to suits by the United States, or if so intended, being repealed by the act of 1815, (infra, 13). United States v. Greene, 4 Mas. 427. (e) This limitation abolished, infra, 13. See United States v. Bougher, 6 McLean, 277. (d) A state court has no jurisdiction of a suit against a consul; and whenever this defect of jurisdiction is suggested, the court will quash the proceedings. Mannhardt v. Soderstrom, 1 Binn. 138. Commonwealth v. Kosloff, 5 S. & R. 545. This privilege is not a personal one, but that of the country or government which the consul represents. Davis v. Packard, 7 Pet. 284. (e) The district courts are courts both of common law and admiralty jurisdiction. In the trial of all cases of seizure on land, the court sits as a court of common law. In cases of seizures made on waters navigable by vessels of ten tons burden and upwards, the court sits as a court of admiralty. In all cases at common law, the trial must be by jury. In cases of admiralty and maritime jurisdiction, the trial is to be by the court. The Sarah, 8 Wh. 394. United States v. La Vengeance, 3 Dall. 297. United States v. The Sally, 2 Cr. 406. United States r. The Betsey, 4 Ibid 443. Whelan v. United States, 7 Ibid. 112. The Margaret, 9 Wh 421. (g) The circuit and district courts cannot, either in suits at com mon law, or in equity, send their process into another district; except where specially authorized to do so, by some act of congress. Ex parte Graham, 3 W. C. C. 456. Wilson v. Graham, 4 Ibid. 53. Ex parte Graham, Ibid. 211. (h) In order to give jurisdiction the defendant must be an inhab itant of the district in which the suit is brought, or be found therein, at the time of serving the original process, whatever may be the nature or character of that process. Day v. Newark India Rubber Manufacturing Co., 1 Blatch. 628. They cannot proceed by writ of foreign attachment against a non-resident. Hollingsworth v. Adams, 2 D:11. 396. Picquet v. Swan, 5 Mas. 35. Toland v. Sprague, 12 Pet. 300. The defendant, however, may waive his privilege by a voluntary appearance. Harrison v. Rowan, Pet. C. C. 489. Flanders v. Etna Insurance Co., 3 Mas. 158. Gracie v. Palmer. 8 Wh. 699. Toland v. Sprague, 12 Pet. 300. Irvine v. Lowry, 14 Ibid. 293. See act 28 February 1839, tit. "Abatement," 2, and notes. (i) See ante, 127. notes I and m, and 128, notes a and b. (1) See United States v. Greene, 4 Mas. 427. 8 May 1792 11. 1 Stat. 278. 17. In all suits and actions in any district court of the United States, in which it shall appear that the judge of such court is, any ways, concerned in interest, or has been of Where district counsel for either party, it shall be the duty of such judge on application of either party, judge is interested, &c., case to be to cause the fact to be entered on the minutes of the court, and also to order an authenticated copy thereof, with all the proceedings in such suit or action, to be forthwith certified to the next circuit court of the district, which circuit court shall, thereupon, take cognisance thereof, in the like manner, as if it had been originally commenced in that court, and shall proceed to hear and determine the same accordingly. certified to the circuit court. 20 March 1804 21. 18. In case of the inability of the judge of any district court to attend on the day 2 Stat. 291. appointed for holding a special or an adjourned district court, such court may, by virtue Adjournment on of a written order from the judge thereof, directed to the marshal of the district, be Judge's order, by adjourned by the marshal to the next stated term of said court, or to such day prior thereto, as in the said order shall be appointed. the rertified to circuit sourts. 8 March 1821 21. 19. In all suits and actions in any district court of the United States, in which it shall 3 Stat. 643. appear that the judge of such court is any ways concerned in interest, or has been of When cases to be counsel for either party, or is so related to, or connected with, either party, as to render it improper for him, in his opinion, to sit on the trial of such suit or action, it shall be the duty of such judge, on application of either party, to cause the fact to be entered on the records of the court; and, also, an order that an authenticated copy thereof, with all the proceedings in such suit or action, shall be forthwith certified to the next circuit To what circuit court of the district; and if there be no circuit court in such district, to the next circuit court in the state; and if there be no circuit court in such state, to the most convenient circuit court in an adjacent state; which circuit court shall, apon such record being filed with the clerk thereof, take cognisance thereof, in the like manner as if such suit or action had been originally commenced in that court, and shall proceed to hear and determine the same accordingly; and the jurisdiction of such circuit court shall extend to all such cases so removed, as were cognisable in the district court from which the same was removed. court. 20. The clerks of the district courts of the United States shall not issue a process to summon, or cause to be returned to any session of the said courts, a grand jury, unless by special order of the district judge. District of Columbia. 1. CIRCUIT COURT. 1. Organization of the circuit court. Clerk to be appointed 2. Terms of the court. 3. Jurisdiction. from them, and from testamentary guardians. May compel natu- 4. No suits to be brought against non-resident and absent de- default. Party to be summoned. fendants. 34. When further security may be required from executors and administrators. Proceedings in case of default. Parties to be summoned. 35. How these powers to be exercised. 36. When orphans may select their own guardians. Subject to approval of the court. To give security. When new selection to be made. Guardians ad interim. 37. When counter security may be required on application of sureties. VI. GUARDIAN AND WARD. 38. Guardian may apply for leave to sell his ward's real estate. What to be set forth. Infant to be made a party. Guardian ad litem to be appointed. Answer. 39. Testimony to be taken before decree of sale. 40. When sale may be decreed. Lien for purchase-money. 20. May regulate its own terms. Suits to stand for judgment if testator direct otherwise. or trial at the next term. 30. Register and judge of orphans' court to be appointed. Their duties. Appeals to lie to the circuit court. 31. Compensation of judge of the orphans' court. VII. EXECUTORS AND ADMINISTRATORS. 44. Executors and administrators may sue by virtue of letters granted out of the district. Certified copies to be evidence. VIII. CRIMINAL COURT. 45. Criminal court established. Salary of judge. Style. 46. Terms. Special terms. 47. Duties of district attorney, marshal and clerk. Compense. tion of jurors and witnesses. 48. Transfer of pending causes. Return of process. Jurisdic tion. 49. Error to the circuit court. 50. Stay of execution, to enable parties to apply for writ of error. 51. Questions of law may be adjourned to the circuit court. 52. Fees of coroners, &c. 53. By whom court holden, in case of disability of the judge. 54. Teste of process. 55. Powers of the judge to take sureties for good behavior, &c. 56. Judge's oath of office. Power to make rules. Seal. Bail. 57. Return of writs of error. 58. Adjournments of the court. When circuit court judge to 32. Orphans' court to appoint guardians. To require security hold adjourned court. 70. Larceny. 71. Receiving stolen goods. Accessaries after the fact in felony. 72. Forgery and counterfeiting. 73. False pretences. Gaming tables. Parties to be competent witnesses against each other. 74. Second conviction of larceny or receiving stolen goods. 75. Other capital crimes. 76. Other felonies, misdemeanors, &c. Whipping abolished, except in case of slaves. 77. Definitions, &c., to remain as heretofore. 78. Kidnapping free negroes. 79. Not to apply to slaves. 80. Punishment for selling lottery tickets. 81. Burning empty houses, &c. $2. Public executions abolished. 83. Who to be present. 85. Civil juris liction enlarged. Judgments to carry interest. No female or person over 70 years of age to be arrested for debt. 86. Stay of execution. By whom taken. 87. Justices to keep a docket. To furnish copies on demand. Other justices may issue executions thereon. Returnable before the justice who gave the judgment. Judgments not liens on real estate. SS. Liability for neglect to keep a docket. 89. In case of resignation, removal, or decease of justice, dockets to be delivered to the clerk of the circuit court. Clerk to furnish copies. Penalty for neglect to deliver dockets. 99. Circuit court to have no original cognisance of cases within the jurisdiction of a justice. 91. Appeals to the circuit court. Proceedings on appeal. Trial by jury. When to proceed ex parte. Dismissal of appeals. 92. Judgments not to be returned to the clerk's office. 93. Execution to issue at the expiration of supersedeas. 94. Constables to serve executions. Fees. To give security. To make returns to the clerk of the circuit court. No satisfaction to be recorded without plaintiff's receipt. Powers of marshal not to be taken away. Proceedings on neglect to pay over proceeds of execution, &e. 95. Revival of judgments by scire facias. 96. Marshal to receive prisoners arrested by constables. 97. Power to issue executions. What to be exempt from execution or distress. 108. Deeds duly acknowledged to be recorded. Form of acknowledgment. Certificate. 109. Deeds recorded within six months to take effect from time of acknowledgment. Mortgages and deeds of trust, &c., from date of record. 110. Contracts, &c., may be acknowledged and recorded as deeds. 111. How conveyances by husband and wife to be acknowledged. Form of acknowledgment. Effect thereof. 112. Former acknowledgments to be valid. XIII. SLAVERY. 113. Owners of slaves may hire, or remove them to the dis trict. 114. No slave to be brought into the district for sale as merchandise. Such slaves to be free. 115. Slave depots to be broken up. XIV. FUGITIVES. 116. Chief justice to deliver up fugitives from justice or from labor. XV. COLLECTION DISTRICTS. 117. District of Georgetown. 118. Articles inspected in one district not to be liable to second inspection in another. XVI. MISCELLANEOUS PROVISIONS. 119. Former laws to remain in force in the district. 120. Forms of indictments. How fines, penalties and forfeit ures recoverable. Distribution. Powers of the marshal. 121. Remission of forfeited recognisances. 122. Judgments to bear interest. 123. Damages on dissolution of injunction. 124. How official oaths administered. 125. No jury to be discharged by expiration of term. 126. Clerk's fees to be paid on performance of service. 127. United States to pay fees of justices and constables, only in cases of felony. How payable. I. CIRCUIT COURT. 2 Stat. 105. the circuit 1. There shall be a court in said district, which shall be called the Circuit Court of the 27 Feb. 1801 § 3. District of Columbia; and the said court and the judges thereof shall have all the powers by law vested in the circuit courts and the judges of the circuit courts of the United Organization of States. (a) Said court shall consist of one chief judge and two assistant judges resident court. within said district, to hold their respective offices during good behavior; any two of whom shall constitute a quorum; and each of the said judges shall, before he enter on his office, take the oath or affirmation provided by law to be taken by the judges of the circuit courts of the United States; and said courts shall have power to appoint a clerk Clerk to be appointed. of the court in each of said counties, who shall take the oath and give a bond with sureties, in the manner directed for clerks of the district courts in the act to establish the judiciary of the United States. (b) Ibid. 4. 2. Said court shall, annually, hold four sessions in each of said counties, to commence as follows, to wit: for the county of Washington, at the city of Washington, on the Terms of the fourth Mondays of March, June, September and December; (c) [for the county of Alex-court. (a) This refers to the powers conferred on the several circuit courts by the act 13 February 1801, 2 Stat. 92, the repeal of which by the art 8 March 1802, 2 Stat. 132, did not, in any manner, affect the jurisdiction of this court. This section, therefore, is to be construed as if the 11th section of the act 13 February 1801, had been incorporated at length. That section provides "that the said circuit courts respectively shall have cognisance of all crimes and offences cognizable under the authority of the United States, and committed within their respective districts, or upon the high seas; and also of all cases in law or equity, arising under the constitution and laws of the United States, and treaties male, or which shall be made, under their authority; and also of all actions, or suits of a civil nature, at common law, or in equity, where the United States shall be plaintiffs or complainants; and also of all seizures on land or water, and all penalties and forfeitures, made, arising or accruing, under the laws of the United States; which cognisance of all penalties and forfeitures shall be, exclusively of the state courts, in the said circuit courts, where the offence, by which the penalty or forfeiture is incurred, shall have been committed within fifty miles of the place of holding the said courts; and also of all actions, or suits, matters or things cognisable by the judicial authority of the United States, under and by virtue of the constitution thereof, where the matter in dispute shall amount to four hundred dollars, and where original jurisdiction is not given by the constitution of the United States to the supreme court thereof, or exclusive jurisdiction by law to the district courts of the United States: Provided always, That in all cases where the title, or bounds of land shall come into question, the jurisdiction of the said circuit courts shall not be restrained by reason of the value of the land in dispute." By the 10th section they are also invested with all the powers theretofore granted by law to the circuit courts of the United States, unless where otherwise provided by the said act. This is a delegation of the whole judicial power conferred by the constitution. Kendall v. United States, 12 Pet. 624-5. United States v. Williams, 4 Cr. C. C. 376-7. Decatur v. Paulding, 14 Pet. 601. (b) See tit. "Clerks of Courts," 1. (c) By acts 31 May 1832, and 1 March 1845, the circuit court of the District of Columbia, for the county of Washington, is to be held on the fourth Monday in March, and on the third Monday in October, in every year, instead of the time theretofore designated by law. 4 Stat. 525. 5 Ibid. 729. But see infra, 20. 27 Feb. 1801. andria, at Alexandria, on the second Mondays of January, Apri., July and the first Monday of October.] (a) Ibid. 25 Jurisdiction. ibid. 26. No suits to be 3. Said court shall have cognisance of all crimes and offences committed within said district, (b) and of all cases in law and equity between parties, both or either of which shall be resident or be found 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 plaintiffs or complainants; and of all seizures on land or water, and all penalties and forfeitures made, arising or accruing under the laws of the United States. 4. All local actions shall be commenced in their proper counties, and no action or suit shall be brought before said court, by any original process against any person, brought against who shall not be an inhabitant of, or found within said district, at the time of serving non-residents, &c. the writ.(c) Ibid. 28. Errors and appeals. Ibid. 10. Salaries of judges. 3 March 1801 2 1. 2 Stat. 115. constables, &c. 5. Any final judgment, order or decree (d) in said circuit court, wherein the matter in dispute, exclusive of costs, shall exceed the value of one hundred dollars, (e) may be reexamined and reversed or affirmed in the supreme court of the United States, by writ of error or appeal, which shall be prosecuted in the same manner, under the same regu lations, and the same proceedings shall be had therein, as is or shall be provided in the case of writs of error on judgments, or appeals upon orders or decrees, rendered in the circuit court of the United States.(g) 6. The chief judge, to be appointed by virtue of this act, shall receive an annual salary of two thousand dollars, and the two assistant judges, of sixteen hundred dollars each, to be paid quarterly, at the treasury of the United States.(h) 7. The circuit courts for the District of Columbia shall be, and they are hereby invested with the same power respecting constables, inspectors and the inspection of Appointment of tobacco and flour, surveyors, mills, highways and ferries, [for the county of Alexandria, as have heretofore been vested in the county courts of the commonwealth of Virginia ;] and for the county of Washington, the same power and authority as have been heretofore exercised by the county and levy courts of the state of Maryland; with power to appoint to all other offices necessary for the said district, under the laws of the respective states of Maryland and Virginia: and all officers for whom no special provision is made by this act, or the act to which this is a supplement, shall receive the same fees and emoluments as they have respectively received under the jurisdiction of the respective states. Fees, &c. Ibid. 25. deeds. 8. The clerks of the circuit court shall, within their respective districts, be bound to Clerks to record perform the same duties, respecting the recording of deeds and all other services, (i) and shall receive the same fees and emoluments for the same (except in those cases provided for in the ninth section of the act to which this is a supplement) as are now performed and received by the clerks of the counties of the respective states of Maryland and Virginia. Ibid. 29. 9. Where by this act, and the act to which this is a supplement, appointments are authorized to be made by the circuit court of the district, it shall be lawful for the pointments to be chief judge, with one of the associate justices of the said court, to make such appoint By whom ap made. 3 Мау 1802 2 1. 2 Stat. 193. Proceedings against nonresidents. Ibid. 5. ments. 10. The circuit court of the county of Washington, in the territory of Columbia, shall have power to proceed in all common law (k) and chancery causes, which now are, or hereafter shall be instituted before it, in which either of the parties reside without the said territory, in the same way that non-residents are proceeded against in the general court or in the supreme court of chancery in the state of Maryland. 11. So much of the original act to which this is a further supplement, as confines the Attachments jurisdiction of the courts of this territory to cases between parties who are inhabitants may issue against of, or residents within the same, shall not be construed to extend to any case where, by the laws of Maryland and Virginia, respectively, attachments may issue to affect the property of absconding debtors, or others having property within the district, and whose persons are not answerable to the process of the court. absconding and non-resident debtors. Ibid. 29. How licenses to be granted. 12. Ordinary licenses, retailers' licenses, and hawkers' and pedlars' licenses, shall be granted by the circuit court of the said district, in the respective counties, as the same were heretofore granted by the courts of Maryland and Virginia respectively. And the several judges of the said circuit court shall have like authority to grant such licenses (a) By act of 9 July 1846, the county of Alexandria was retroceded to the state of Virginia. 9 Stat. 35, 1000. (b) This includes all crimes and offences as well against an act of congress applicable to the whole of the United States, as against an act confined in its operation to the District of Columbia. They are equally offences against the sovereign power of the United States, and are equally of federal jurisdiction. United States v. Williams, 4 Cr. C. C. 377. Decatur v. Paulding, 14 Pet. 600. (c) See Allen v. Greenwood, 1 Cr. C. C. 60. And infra, 10-11. (d) These words do not include criminal cases. United States v. More, 3 Cr. 159. Nor do they extend to a certificate of a division of opinion between the judges of the circuit court. Ross r. Trip lett, 3 Wh. 600. See Young v. Bank of Alexandria, 4 Cr. 384. Nichols v. Hodges, 1 Pet. 562. Carter's Heirs v. Cutting, 8 Cr. 251. (e) See infra, 13-15. (g) See United States v. Hooe, 1 Cr. 318. (h) By act 3 March 1857, the salary of the chief justice has been increased to $3750 per annum, and those of the assistant judges to $3500 per annum. 11 Stat. 217. (1) See Bank of Columbia v. Okely, 4 Wh. 235, 246. (k) The circuit court has jurisdiction of an attachment issued by warrant of a justice of the peace. Hard v. Stone, 5 Cr. C. C. 50ă in vacation, as the justices of the courts of Maryland and Virginia heretofore possessed; and the money arising from such licenses shall be applied to the use and benefit of the said counties, respectively, in such manner, and to such purposes, as the justices of the levy courts in the same shall appoint and direct. 3 May 1802. 3 Stat. 261. 13. No cause shall hereafter be removed from the circuit court of the United States 2 April 1816 § 1. for the District of Columbia to the supreme court of the United States, by appeal or writ of error, unless the matter in dispute in such cause shall be of the value of one thou- Limitation of sand dollars or upwards, exclusive of costs. (a) right of appeal. Ibid. 22. tion in other cases. 14. When any person or persons, body politic or corporate, shall think him, her or themselves aggrieved by any final judgment, order or decree of the said circuit court, Appeals may be where the matter in dispute, exclusive of costs, shall be of the value of one hundred allowed on peti dollars, and of less value than one thousand dollars, and shall have prayed an appeal, or shall desire to sue out a writ of error to the supreme court of the United States, such person or persons, body politic or corporate, may exhibit a petition, in writing, accompanied by a copy of the proceedings complained of, and an assignment of the errors relied on, to any judge of the said supreme court, who, if he should be of opinion that such errors, or any of them, involve questions of law of such extensive interest and operation as to render the final decision of them by the said supreme court desirable, may thereupon, at his discretion, and upon the terms and conditions prescribed by law, by his order, to be directed to the clerk of the county in which the proceedings shall have been had, direct such appeal to be allowed, or writ of error to be issued; which shall be done accordingly. Ibid. 3. 15. When any appeal or writ of error shall have been directed in the manner prescribed by the second section of this act, and the order of the judge of the supreme when to be a court aforesaid thereon shall have been filed in the office of the clerk of the proper supersedeas. county, within thirty days after the end of the term at which the judgment, order or decree, to be affected by such writ of error or appeal, shall have been rendered or made, such writ of error or appeal shall operate as a supersedeas of all proceedings under such judgment, order or decree. 4 Stat. 94. 16. All adjournments of the circuit court of the United States for the District of Co-2 March 1825 § 1. lumbia, heretofore made, or which may hereafter be made, by any one judge of the said court, in court sitting, and in the absence of the other judges, shall be as valid as if made by all the judges of the said court. A single judge 11 Stat. 118. of real estate 17. In all cases in which real estate within the District of Columbia shall have been limited heretofore, or shall be limited hereafter, by the provisions of any deed or will to one or more, for life or lives, with a contingent limitation over to such issue of one or May decree sale more of the tenants for life as shall be living at the death of their parent or parents, limited for life with contingent and the said deed or will containing the limitation shall not prohibit a sale, the circuit limitation over. court for the District of Columbia, upon the application of the tenants for life, shall have power to decree a sale of such real estate, if, upon the proofs, it shall be of opinion that it is expedient to do so, and to decree to the purchaser an absolute and complete title in fee simple.(b) Ibid. 2. 18. Application for the sale of such real estate shall be by bill in equity, verified by the oath or oaths of the party or parties, in which all the facts shall be distinctly set Proceedings in forth, upon the existence of which it is claimed to be expedient that such sale should be such cases. decreed; which facts shall be proved by competent testimony. Such of the issue contemplated by the limitation as shall be in existence at the time of the application for the sale of such real 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. Such of the parties defendant as shall be of the age of fourteen years or more shall answer in proper person, on oath, and all evidence shall be taken upon notice to the parties and to the guardian ad litem. Ibid. 23. same limitations. 19. 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, Proceeds to be upon real and personal security, or in government securities; and the same shall, to all invested on the 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. This act shall be in force from its passage. 20. The circuit court of the District of Columbia shall have power, by rule of court, 7 Feb. 1857 8 1. 11 Stat. 158. to regulate the periods of holding the terms of said court, and to fix the number of such terms, and the same, from time to time, to alter, as public convenience may require: May regulate its Provided, That at least three terms shall be held annually. And all suits, or actions at law, shall stand for judgment or trial at the term next after that to which process shall judgment or trial be returned executed, unless good cause for further continuance be shown. (a) See Lee v. Lee, 8 Pet. 44. own terms. at the next term. (b) See infra, 38-43, as to the sale of the real estate of minors. |