Clerk. Deputies. Clerk, etc., may administer oaths. Bailiffs. Salaries; how paid. Executions and zances. the supreme court aforesaid may designate one of the justices of the peace to discharge the duties of said police judge until such disability be removed. The justice so designated shall take the same oath prescribed for the judge of the police court, and shall receive the sum of ten dollars per day for the time that he shall serve, to be paid in the same manner as the salary of the judge of the police court. SEC. 52. CLERK.-The court shall have power to appoint a clerk, at a salary of two thousand dollars per annum, who shall hold his office at the pleasure of the court, and he shall give bond with surety and take the oath of office prescribed by law for clerks of the district courts of the United States, and said clerk shall charge no fee for any service rendered by him. SEC. 53. DEPUTIES.-The said clerk may appoint four deputies, with the approval of the court, if the business of the court requires it, to be paid, each, such compensation as may be allowed by the court, not exceeding one thousand five hundred dollars per annum as to two of such deputies and twelve hundred dollars as to the other two. SEC. 54. The said clerk and deputy clerks shall have power to administer oaths and affirmations. SEC. 55. BAILIFFS AND OTHER OFFICERS.-The said court may appoint not exceeding three bailiffs, who shall receive for their services nine hundred and thirty-nine dollars each per annum, on the certificate of service by the court. Said bailiffs may act as deputies to the marshal for service of process issued by the court. The said court may also appoint a doorkeeper at a salary of five hundred and forty dollars per annum, an engineer at a salary of nine hundred dollars per annum, and a janitor at a salary of four hundred and fifty dollars per annum. SEC. 56. SALARIES, HOW PAID.-The salaries of the judges, clerk, deputy clerks, bailiffs, deputy marshal, doorkeeper, engineer, and janitor of the said court shall be paid as other salaries of the District of Columbia, from appropriations made by Congress as provided in the Act of June eleventh, eighteen hundred and seventy-eight. SEC. 57. EXECUTIONS AND FORFEITED RECOGNIZANCES.-The said forfeited recogni- court shall have power to issue execution on all forfeited recognizances, upon motion of the proper prosecuting officer, and all writs of fieri facias or other writs of execution on judgments issued by said court shall be directed to and executed by the marshal of the District. Application of SEC. 58. Fines to be paid to the clerk of the police court: All fines, moneys collected. penalties, costs and forfeitures imposed or taxed by the police court shall be paid to the clerk of said court, either with or without process or on process ordered by the court. The clerk of the police court shall, on the first secular day of each week, deposit with the collector of taxes the total amount of all fines, penalties, costs and forfeitures collected by him during the week next preceding the date of such deposit, to be covered into the Treasury to the credit of the District of Colum1896, June 11, bia, subject to the requirements of the provision of the Act of June ch. 419, par. 8 (2 eleventh, eighteen hundred and ninety-six, to meet any deficiency in Supp. R. S., 523). the police fund or the firemen's relief fund. The said clerk shall ren der an itemized statement of each deposit aforesaid upon such forms and in such manner as shall be prescribed by the auditor of the District of Columbia. Accounts, how audited. SEC. 59. ACCOUNTS, HOW AUDITED.-It shall be the duty of the auditor of the District of Columbia, and he is hereby required, to audit the accounts of the clerk of the police court at the end of every quarter and to make prompt report thereof in writing to the Commissioners of the District of Columbia. In order to enable the auditor of the District to perform the duty hereby imposed upon him, he shall have free access to all books, papers, and records of the said court. SUBCHAPTER THREE. SUPREME COURT OF THE DISTRICT OF COLUMBIA. SEC. 60. CONSTITUTION.-The supreme court of the District shall continue as at present constituted, and consist of a chief justice and five associate justices, appointed by the President of the United States, by and with the advice and consent of the Senate, and holding their offices during good behavior. The chief justice and each associate justice shall receive a salary of five thousand dollars per annum, which amounts shall be paid in monthly installments, out of the Treasury of the United States, and one-half thereof shall be charged against the revenues of the District of Columbia. SEC. 61. JURISDICTION.-The said court shall possess the same powers and exercise the same jurisdiction as the circuit and district courts of the United States, and shall be deemed a court of the United States, and shall also have and exercise all the jurisdiction possessed and exercised by the supreme court of the District of Columbia at the date of the passage of this code. Supreme court of the District of Columbia. Constitution. Salaries. Jurisdiction. Powers of jus SEC. 62. POWERS OF JUSTICES.-The justices of said court, in addition to the powers and jurisdiction possessed and exercised by them as such, tices. shall severally possess the powers and exercise the jurisdiction possessed and exercised by the judges of the circuit and district courts of the United States. SEC. 63. TERMS.-The said court shall hold a general term and special terms. The general term shall be held by at least three justices and each special term by a single justice. Terms. SEC. 64. The special terms of said court shall be known, respectively, special. as the circuit court, the equity court, the criminal court, the probate court, and the district court of the United States. Powers of court SEC. 65. The general term of said court shall be open at all times for the transaction of business; and said court, by orders passed in in general term. general term, may regulate the periods of holding the special terms, fix the number of said terms, and alter the same from time to time, as public convenience may require; may direct as many terms of any of the special terms to be held at the same time as the public business may make necessary; may assign the several justices, from time to time, to the respective special terms; may provide by rule of court for the transfer from time to time, as the occasion shall require, of a jury summoned to any one special term to any other special term having cognizance of jury trials, and for the filling of vacancies arising in such transferred jury; may establish rules of practice in said special terms not inconsistent with the laws of the United States; may appoint a clerk, an auditor, a crier, and a messenger for each court in special term, and all other officers of the court necessary for the due administration of justice, with the exception of all officers and employees in any manner connected with the probate term, and also United States commissioners; may hear charges of misconduct against any justice of the peace, and remove them from office for cause shown; may admit persons to the bar of said court and dismiss them from the same, and may pass all other orders not inconsistent with existing laws which may be necessary to the effective administration of justice in said court, but said court shall not hear any cause in general term. SEC. 66. All causes in said court shall be heard and determined in Acts of special special term. And the several terms are declared to be terms of the terms deemed acts of supreme court. supreme court, and the judgments, decrees, sentences, orders, proceedings, and acts of said several terms shall be deemed judgments, decrees, sentences, orders, proceedings, and acts of the supreme court. SUP R S-VOL 2-103 Certification of cause from one justice to another for trial. Writs. Circuit court. Trial by court. -exceptions. Special panel. -right to challenge array or polls unaffected. Bill of exceptions. Appeals from SEC. 67. By mutual consent and arrangement between justices, civil causes may be certified by any justice holding a circuit court to any justice holding a criminal court for trial in the latter; and, by similar arrangement, any cause may be certified by any justice to another justice, to be heard or tried by the latter, except that a criminal case can only be certified for trial from one criminal court to another criminal court. In the absence of any justice assigned to a special term, such special term may be presided over and its business conducted by any other justice. SEC. 68. WRITS.-The said supreme court may, in its appropriate special terms, issue writs of quo warranto, mandamus, prohibition, scire facias, certiorari, injunction, prohibitory and mandatory, ne exeat, and all other writs known in common law and equity practice that may be necessary to the effective exercise of its jurisdiction. Any justice of said court may issue writs of habeas corpus, to inquire into the cause of detention or to discharge on giving bail. SEC. 69. CIRCUIT COURT.-All common-law civil causes shall be tried and determined in the circuit court, except as herein provided. SEC. 70. TRIAL BY COURT.-Issues of fact in civil causes may be tried and determined by the court without the intervention of jury whenever the parties or their attorneys of record file with the clerk a stipulation in writing waiving a jury. The finding of the court upon the facts, which may be either general or special, shall have the same effect as the verdict of a jury. SEC. 71. In such case an exception may be taken to any ruling of the court during the hearing and to such finding on the ground that the evidence was insufficient in law to justify it, and may be stated in a bill of exceptions as in case of a jury trial. SEC. 72. SPECIAL PANEL. In all cases called for trial in said court in which either party shall desire a struck jury the clerk shall prepare a list of twenty jurors from the jurors in attendance and furnish the same to each of the parties, and it shall be lawful for each party or his counsel to strike off four persons from said list, and the remaining persons shall thereupon be impaneled and sworn as the petit jury in said cause; and if either party or his counsel shall neglect or refuse to strike off from said list the number of persons hereby directed, the clerk may strike off such names, and the remaining twelve jurors shall be sworn and impaneled as aforesaid. Or, instead of the proceeding aforesaid, if it shall not be insisted upon by either party, it shall be lawful for either party to furnish to the clerk a list of the jurors, not exceeding four in number, whom he wishes to be omitted from the panel sworn in the cause, and the clerk in making up said panel shall omit the jurors objected to as aforesaid: Provided, That nothing herein contained shall be construed to take away the right of any person to challenge the array or polls of any panel returned, according to existing law. SEC. 73. BILL OF EXCEPTIONS.-If, upon a trial of a cause before a jury, 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 afterwards settled in such a manner as may be provided by the rules of the court and stated in a bill of exceptions, with so much of the substance of the evidence as may be material to the questions to be raised, and such bill of exceptions need not be sealed, and shall be considered a part of the record in case of an appeal from the final judgment rendered in the case. SEC. 74. APPEALS FROM JUSTICES OF THE PEACE.-All appeals from justices of the a justice of the peace shall be heard and determined in the circuit peace. -where heard. Docketing cause by appellant. court. SEC. 75. In every case of an appeal from a justice of the peace, as soon as the appellant shall have made the deposit for costs required by law, or the rules of the supreme court, or obtained leave from one of the justices or from the court to prosecute his appeal without a deposit, the clerk shall docket the cause, according to its title, for trial before the justice in the said circuit court, and shall issue a summons for the appellee to appear in said court on or before the tenth day, exclusive of Sundays and legal holidays, after the service of said summons. SEC. 76. If the appellant shall fail to prosecute his appeal by making by appellee. the deposit or obtaining the leave aforesaid within ten days after the approval of the appeal bond, the appellee may, upon making the deposit for costs, have the case docketed and move for affirmance of the judgment of the justice, or he may have a trial of the case upon its merits. SEC. 77. If the first summons for the appellee be returned "not to be found," a second summons of the same kind and tenor shall be issued. Summons. Appearance of SEC. 78. If the appellee shall appear, in obedience to either summons, the case shall stand for trial in such order as the rules of said appellee. supreme court shall direct. -failure to ap SEC. 79. If the appellee shall fail to appear, although duly summoned, or two successive writs of summons shall be returned "not to pear. be found," and the appellee shall not appear, the case may then be heard and determined as if he had regularly appeared. SEC. 80. On such appeal the circuit court shall, in a summary way, Hearing de novo hear the case de novo upon the proofs and allegations of the parties, on appeal. SEC. 81. No appeal from the judgment of any justice of the peace Dismissal of ap to the supreme court shall be dismissed because the same had not been peal because not prayed to the term next after the rendition of such judgment, unless prayed to term the court shall be satisfied that the defendant had notice of such judg- next after judgment at least ten days before the sitting of court. SEC. 82. In no case appealed from a justice of the peace shall there be any further appeal from the judgment of the circuit court. ment, etc. No further appeal, etc. Criminal court. SEC. 83. THE CRIMINAL COURT. The trial of crimes and misdemeanors committed in the District of Columbia shall be in the supreme court of the District of Columbia holding a special term as a criminal court, except such misdemeanors as are within the jurisdiction of the police court, as to which said court shall have concurrent jurisdiction with said police court. In all trials in said special term exceptions Exceptions. may be taken by the accused to the rulings of the presiding justice and presented in bills of exceptions in the same manner as in the trial of civil cases, subject to provisions herein elsewhere contained. District court. SEC. 84. THE DISTRICT COURT.—The said district court shall have and exercise the same powers and jurisdiction as the other district courts of the United States, and such further special jurisdiction as may from time to time be conferred by Congress, and of all proceedings instituted in exercise of the right of eminent domain. SEC. 85. EQUITY COURT.-The equity court shall have jurisdiction Equity court. of all causes heretofore cognizable in equity and of all petitions for divorce, except where the relief sought is hereby authorized to be given by the probate court only, and shall have the special powers hereinafter provided. And the practice in said court shall be according to the established course of equity and procedure and the rules established by the said supreme court of the District not inconsistent with law. SEC. 86. DOWER.-Whenever any person or persons shall hold real estate, by descent or purchase, in the whole of which a widow is entitled to dower, either the widow or any person entitled to said property or an undivided share therein may apply to said court to have the widow's dower therein assigned; and thereupon the court Dower. Widow of tenant in common, etc. shall appoint three commissioners to lay off and assign said dower, if practicable, the report of said commissioners to be subject to ratification by the court. In all cases of partition between two or more joint tenants or tenants in common of real estate, in the whole of which a widow is entitled to dower, the said dower shall be laid off and assigned. in like manner, before said partition shall be decreed. When an estate of which a woman is dowable is entire, and the dower can not be set off thereout by metes and bounds, it may be assigned by the court as of a third part of the net rents, issues, and profits thereof. SEC. 87. Whenever the widow of any tenant in common of real estate shall be entitled to dower in his undivided share of said property, and a partition shall be decreed between his heirs or devisees and the other tenants in common, the said dower shall attach to and may, in like manner, be assigned and laid out in the shares assigned in severalty to the said heirs or devisees, and the shares of the other tenants in common shall be assigned to them, respectively, in severalty, free from such dower. Right of wife to SEC. 88. Whenever an application is made to the court to decree a attach on parti- partition of real estate between tenants in common, it shall not be tion, etc. necessary to make the wife of any of such persons a party to the pro ceedings, but her right of dower shall attach to whatever part of such property may be assigned in severalty to her husband, and the other parts thereof shall be assigned free of said right of dower. Assignment of dower on sale of land without widow's consent, etc. Division of pro ceeds of sale be SEC. 89. Whenever a decree is rendered for the sale of land, in the whole of which a widow is entitled to dower, if she will not consent to a sale of the same free of her dower, the court may, if it appears advantageous to the parties, cause her dower to be laid off and assigned as aforesaid. If she will consent in writing to the sale of the property free from her dower, the court shall order the same to be sold free of her dower, and shall allow her, in commutation of her dower, such portion of the net proceeds of sale as may be just and equitable, not exceeding one-sixth nor less than one-twentieth, according to the age, health, and condition of the widow. SEC. 90. Whenever real property is decreed to be sold for the purpose tween tenants in of division of the proceeds between tenants in common because the said property is incapable of being divided between them in specie, the court may decree a sale of the property free and discharged from any right of dower by the wife of any of the parties in his undivided share. common, etc. mentis. Infants and per- SEC. 91. INFANTS AND PERSONS NON COMPOS MENTIS.-If any infant sons non compos or person non compos mentis be entitled to any real or personal estate in the District which shall be liable to any mortgage, trust, or lien, or in any way charged with the payment of money, the court shall have the same power to decree in such case as if the infant were of full age or such person non compos mentis were of sound mind. -power of court to decree. Partition. -sale. SEC. 92. Where an infant or person non compos mentis is entitled to any real or personal estate in the District bound by any executory contract entered into by the person or persons from whom said infant or person non compos mentis has derived title, or where an infant or person non compos mentis claims any right or interest in such property under and in virtue of any such contract, the court in either case shall have the same power to decree the execution of such contract or to pass any just and proper decree that the court would have if the parties were of full age and sound mind. SEC. 93. PARTITION.-The court may decree a partition of any lands, tenements, or hereditaments on the bill or petition of any tenant in common, claiming by descent or purchase, or of any joint tenant or coparcener who was such at the date of this code; or if it appear that said lands, tenements, or hereditaments can not be divided without loss or injury to the parties interested, the court may decree a sale thereof |