(5) If the intestate leave a widow and issue, such widow shall be entitled to receive one-half of such residue of the personal property; but if the intestate leave a widow and no issue, such widow shall be entitled to receive the whole of such residue of the personal property. (6) If there be no husband, widow, or kindred of the intestate, the whole of such residue shall escheat to the United States.

SEC. 170. If the intestate leave a widow and issue, and any of such issue shall have received an advancement from the intestate in his lifetime, the value of such advancement shall not be taken into consideration in computing the part to be given to the widow, but such widow shall only be entitled to receive the one-half the personal property owned by the husband at the time of his death.

CHAPTER EIGHTEEN.

-to widow.

-to escheat.

Advancement to

widow.

OF MISCELLANEOUS PROVISIONS CONCERNING THE DESCENT AND DIS-
TRIBUTION OF PROPERTY.

Status of illegiti

SEC. 171. An illegitimate child shall be considered an heir of its mother, and shall inherit or receive her property, real or personal, in mate children. whole or in part, as the case may be, in like manner as if such child had been born in lawful wedlock; but such child shall not be entitled to inherit or receive, as representing his mother, any property, real or personal, of the kindred, either lineal or collateral, of such mother: Provided, When the parents of such child have formally married, such child shall not be regarded as illegitimate within the meaning of this code, although such formal marriage shall be adjudged to be void. SEC. 172. If an illegitimate child shall die intestate, without leaving a widow, husband, or lawful issue, the property, real and personal, of illegitimate child. such intestate shall descend to or be received by the mother; but if after the birth of an illegitimate child the parents thereof shall intermarry, such child shall be considered legitimate to all intents and riage of parents. purposes.

Mother heir to

-effect of mar

com

SEC. 173. The degrees of kindred shall be computed according to the Degrees of kinrules of the civil law; and the kindred of the half blood shall inherit dred, how puted. or receive equally with those of the whole blood in the same degree.

SEC. 174. Any property, real or personal, that may have been given Advancement to by the intestate in his lifetime as an advancement to any child or other issue. lineal descendant shall be considered a part of the intestate's estate, so far as regards the division and distribution thereof among his issue, and shall be taken by such child or other descendant toward his share of the intestate's estate.

When advance

less than share.

SEC. 175. If the amount of such advancement shall exceed the share of the heir so advanced, such heir shall be excluded from any further ment greater or share or portion in the division or distribution of the estate, but shall not be required to refund any part of such advancement; and if the amount so received shall be less than his share, such heir shall be entitled to so much more as will give him his full share or portion of the estate of the intestate.

SUP R S-VOL 2-92

Rule for com

vancement, etc.

SEC. 176. If any such advancement is made in real property, the puting value of ad- value thereof shall, for the purposes of the last section, be considered as part of the real property to be divided; and if the advancement be either in real or personal property, and shall in either case not exceed the share or portion of such real or personal property that would come to the heir so advanced, such heir shall not refund any part of it, but shall take or receive so much less out of the whole part of the estate, as the case may be, as will make the whole share equal to those of the other heirs who are in the same degree with the heir so advanced.

Grants and gifts to heir.

When value of

pressed.

SEC. 177. All grants and gifts shall be deemed to be made in advancement if so expressed in the grant or gift, or if so charged, in writing, by the intestate, or acknowledged, in writing, to be so made by the child or other descendant to whom it is made, and not otherwise.

SEC. 178. If the value of the property, real or personal, so advanced advancement ex- be expressed in the conveyance or writing whereby the same is granted or given, or in the charge thereof made by the intestate, or in the acknowledgment made by the party receiving it, in the division and distribution of the estate, such advancement shall be considered of the value so expressed; otherwise, it shall be estimated at its value when granted or given.

Advancement to

heirs.

SEC. 179. If any child or lineal descendant to whom an advancement is made shall die before the intestate, leaving issue, such advancement shall be deemed made to such issue, and the division and distribution of the estate shall be made accordingly.

Estates by SEC. 180. Nothing contained in this chapter shall affect or impair courtesy and the estate of a husband as tenant by the courtesy, nor that of a widow as tenant in dower.

dower not affect

ed.

Definition of

terms.

Escheat property.

of

Proceedings to

SEC. 181. The word "issue," as used in this chapter, includes all the lawful lineal descendants of the ancestor; and the term "real property" includes all lands, tenements, and hereditaments, and rights thereto, and all interests therein, whether in fee simple or for the life of another. The term "personal property" includes all goods and chattels, moneys, credits, and effects of whatever nature not included in the term "real property." Inheritance "by right of representation" takes place when the lineal descendent of any deceased heir takes the same share or portion of the estate of an intestate that the parent of such descendant would have taken if living. For the purposes of this code, a posthumous child is to be deemed living at the death of its parent.

SEC. 182. When any person shall die without heirs, leaving any real or personal property in the district, the same shall escheat to and become the property of the United States.

SEC. 183. The United States may maintain any action or proceedobtain possession. ing necessary to recover the possession of any such property, or for the enforcement or protection of its rights thereto or on account thereof, in like manner and with like effect as any natural person. Such action or proceeding shall be prosecuted by the United States attorney, by the leave and under the direction of the Attorney-General, and not otherwise.

Governor must

cover.

-issue of sum

SEC. 184. When the governor is informed or has reason to believe that any real or personal property has escheated to the United States, take steps to rehe shall direct the United States attorney to file an information in behalf and in the name of the United States in the district court, setting forth a description of the estate, the name of the person last seized, the name of the occupant or the person in possession and claiming such estate, if known, and the facts and circumstances in consequence of which the estate is claimed to have been escheated, with an allegation that by reason thereof the United States has right by law to such estate. Upon such information a summons must issue to such person, requiring him to appear and answer the information within mons. the time allowed by law in civil actions, and the court must make an order setting forth briefly the contents of the information and requiring all persons interested in the estate to appear and show cause, if any they have, within such time as the court making such order may fix, why the title should not vest in the United States, which order must be published for at least six consecutive weeks from the date thereof, in a newspaper published in the precinct, if one be published therein, and in case no newspaper is published in the precinct, then in such newspaper in the district as the court by order may direct.

Court may ap

SEC. 185. The court, upon the information being filed, with and upon the application of the United States attorney, either before or point receiver. after answer, upon notice to the party claiming such estate, if known, may, upon sufficient cause therefor being shown, appoint a receiver to take charge of such estate, and receive the, rents and profits of the same, until the title to such estate is finally settled.

persons

SEC. 186. All persons named in the information may appear and All answer, and may traverse or deny the facts stated in the information, claiming interest the title of the United States to the lands and tenements therein menmay defend. tioned at any time before the time for answering expires; and any other person claiming an interest in such estate may appear and be made a defendant by motion for that purpose in open court within the time allowed for answering; and if no person appears and answers within the time, then judgment must be rendered that the United States be seized of the lands and tenements in such information claimed. But if any person appears and denies the title set up by the United States, or traverses any material fact set forth in the information, the issue of the fact must be tried as issues of facts are tried in civil actions. If, after the issues are tried, it appears from the facts found Judgment for that the United States has good title to the estate in the information United States if mentioned, or any part thereof, judgment must be rendered that the good title shown. United States be seized thereof, and recover costs of action against the defendant. In any judgment rendered, or that has heretofore been rendered, by any court of competent jurisdiction, escheating real property to the United States, on motion of the United States attorney the court shall make an order that the real property be sold by the marshal at public sale, and upon such terms, whether for cash or credit, or both, as shall be deemed for the best interests of the United States. And if such court shall deem it most advantageous for the United States, it may direct that the lands be surveyed into lots and lands. sold in specific portions, upon such terms as to payments therefor as may be deemed best for the United States. After giving such notice of the time and place of sale as may be prescribed by the court in the order, the marshal shall, within ten days after such sale, make a report thereof to the court, and, upon hearing the report, the court may examine the same and witnesses in relation thereto, and if the proceedings of such sale are unfair, or the sum or sums bid are disproportionate to the value of the portion sold, and if it appear that a greater sum can be obtained for the property, or any portion thereof, exceeding such bid at least ten per centum, exclusive of the expense

Disposition of

sale.

of a new sale, the court may vacate the sale and direct another sale to be had, and the new sale shall be conducted in all respects as if no Confirmation of previous sale had taken place. But if it appears to the court that the sale was legally made and fairly conducted, and that the sum bid is not disproportionate to the value of the property sold, and that a greater sum than ten per centum, exclusive of the expense of a new sale, can not be obtained, the court must make an order confirming the sale and directing the marshal in the name of the United States to execute to the purchaser or purchasers a conveyance of the property sold; and the conveyance shall vest in the purchaser or purchasers all Payments by the right and title of the United States herein; and also directing that purchaser. the purchaser or purchasers shall execute and deliver to the marshal his or their note or notes, payable to the United States for the deferred payments with a first mortgage upon the property conveyed, to secure the deferred payments. And the marshal shall, out of the proceeds of such sale, pay the cost of the proceedings incurred on behalf of the United States, including the expense of making such sale, and the remainder, together with the notes and mortgages, he shall deliver to the United States attorney, taking his receipt therefor, and the United States attorney shall deposit the sum with the clerk of the district court, who shall pay the same into the Treasury of the United States in the manner provided by law for other moneys recovered in actions by the United States.

Persons may

when.

-procedure.

SEC. 187. Within ten years after judgment in any proceeding had claim proceeds, under this chapter, a person not a party or privy to such proceeding may file a petition in the district court showing his claim or right to the property or the proceeds thereof. A copy of such petition must be served upon the United States attorney at least twenty days before the hearing of the petition, who must answer the same; and the court thereupon must try the issue as issues are tried in civil actions, and if it be determined that such person is entitled to the property or the proceeds thereof, it must order the property, if it has not been sold, to be delivered to him; or if it has been sold and the proceeds paid into the Treasury of the United States, then it must order that a copy of -period of lim- the judgment be forwarded to the Secretary of the Treasury. All persons who fail to appear and file their petition within the time limited by law are forever barred, saving, however, to infants, and persons of unsound mind, the right to appear and file their petitions at any time within the time limited, or one year after their respective disabilities

itation.

property.

cease.

Proceedings in SEC. 188. In all cases of personal estate, the court shall direct by case of personal order that the same be sold by the marshal, as upon execution, and the proceeds be applied to the payment of the costs incurred by the United States and the costs and charges of making such sale, and the residue to the district attorney, who shall pay the same to the clerk of the court as hereinbefore provided.

Escheated propSEC. 189. When the governor is informed or has reason to believe erty held by bank. that any bank, banker, or banking institution in the district now has or holds on deposit or otherwise any fund, funds, or other property of any kind or nature which has escheated to the district, he shall direct the United States attorney to file in the district court an information or bill of discovery, with proper interrogatories to be answered by the owner, agent, or manager of such bank or banking institution, and upon the filing of such information or bill the court shall order and direct, at a time to be designated in the bill, that the owner, agent, or manager of such bank or banking institution shall, under oath, file an answer to the information and interrogatories, and shall specially answer each and every interrogatory contained in such information or bill. If it appears to the court from such answer that the bank, banker, or banking institution has any property in its possession which has or

may escheat to the United States, it shall direct the bank, banker, or banking institution forthwith to bring the same into such court, and the court shall proceed to dispose of the property as provided elsewhere in this chapter.

SEC. 190. All notes in writing, made and signed by any person, Promissory notes whereby he shall promise to pay to any other person or his order, or in writing payable unto the bearer, any sum of money therein mentioned, shall be due to bearer, effect of. and payable as therein expressed, and shall have the same effect and be negotiable in like manner as inland bills of exchange, according to the custom of merchants.

Action by payees, indorsees, and holders, nature and extent of.

Note to the or

fictitious
effect of.

person,

Grace, when al

SEC. 191. The payee and indorsee of every such note payable to him or his order, and the holder of every such note payable to bearer, may maintain an action for the sum of money therein mentioned, in like manner as in case of an inland bill of exchange and not otherwise. SEC. 192. Such note made payable to the order of the maker thereof, or to the order of a fictitious person, shall, if negotiated by the maker, der of maker or have the same effect and be of the same validity, as against the maker and all persons having knowledge of the facts, as if payable to bearer. SEC. 193. On all bills of exchange payable at a future day certain within the district, and on all negotiable promissory notes, orders, and lowed. drafts payable at a future day certain within the district, in which there is not an express stipulation to the contrary, grace shall be allowed, except as provided in the following section, in like manner as it is allowed by the custom of merchants on foreign bills of exchange payable at the expiration of a certain period after date or after sight. SEC. 194. The provisions of the preceding section shall not extend -not applicable to any bill of exchange, note, or draft payable at sight or on demand. when payable at SEC. 195. No person within the district shall be charged as an Acceptance to acceptor of a bill of exchange unless his acceptance shall be in writing, be in writing. signed by himself or his lawful agent.

sight.

SEC. 196. Whenever any bill of exchange drawn or indorsed within Damages on forthe district and payable without the limits of the United States shall eiga bills. be duly protested for nonacceptance or nonpayment, the party liable for the contents of such bill shall, on due notice and demand thereof, pay the same at the current rate of exchange at the time of demand, and damages at the rate of ten per centum upon the contents thereof, together with interest on the contents, to be computed from the date of the protest; and the amount of contents, damages, and interest shall be in full of all damages, charges, and expenses.

Damages on in

change.

SEC. 197. If any bill of exchange drawn upon any person, firm, or body corporate out of the district, but within some State or Territory land bills of ex of the United States, for the payment of money, shall be duly presented for acceptance or payment and protested for nonacceptance or nonpayment, the drawer or indorser thereof, due notice being given of such nonacceptance or nonpayment, shall pay the bill, with legal interest, according to its tenor, and five per centum damages, together with costs and charges of protest.