SEC. 212. DEFAULTS.-If any person selected as a juror and duly notified to attend shall, without sufficient cause, neglect to attend agreeably to notice he shall be fined by the court in a sum not exceeding twenty dollars for every day that he shall be absent during the sitting of the court.

SEC. 213. FRAUDS.-If any officer shall put on or leave off the list the name of any person at his own request or on the request of any other person, or shall be guilty of any fraud or collusion with respect to the drawing of jurors. he shall be deemed guilty of a misdemeanor, and shall be punished by a fine of not less than one hundred dollars or imprisonment in the District jail not less than sixty days, or both, for each offense.

Defaults.

Frauds. -penalty to offi

cers.

-clerk of the

SEC. 214. If the clerk of the court shall willfully draw from the box a greater number of names than is required by the court, in accordance court. with the law, or shall put any name into the box after the same has been delivered to him, or shall be guilty of any fraud or collusion in regard to the drawing of jurors, he shall be deemed guilty of a misdemeanor, and shall be punished by a fine of not less than one hundred dollars or imprisonment in the District jail not less than sixty days, or both, for each offense.

Qualifications of

SEC. 215. QUALIFICATIONS.-No person shall be competent to act as a juror unless he be a citizen of the United States, a resident of the jurors. District of Columbia, over twenty-one and under sixty-five years of age, able to read and write and to understand the English language, and a good and lawful man, who has never been convicted of a felony or a misdemeanor involving moral turpitude.

SEC. 216. EXCUSES.-A person may be excused by the court from serving on a jury when for any reason his interests or those of the public may be materially injured by his attendance, or when he is a party in any action or proceeding to be tried or determined by the intervention of a jury at the term for which he may be summoned, or where his own health or the death or sickness of a member of his family requires his absence.

Excuses.

Exempt from

SEC. 217. All executive and judicial officers, salaried officers of the Government of the United States and of the District of Columbia and duty. those connected with the police or fire departments, counselors and attorneys at law in actual practice, ministers of the gospel and clergymen of every denomination, practicing physicians and surgeons, keepers of hospitals, asylums, almshouses, or other charitable institutions. created by or under the laws relating to the District, captains and masters and other persons employed on vessels navigating the waters of the District shall be exempt from jury duty, and their names shall not be placed on the jury lists.

SEC. 218. ATTORNEYS. The said supreme court shall have full power and authority, from time to time, to make such rules as it may deem proper respecting the qualifications, examination, and admission of attorneys to practice in said court; and every person so admitted, before he shall be at liberty to practice therein, shall take the following oath: "I, A B, do solemnly swear that I will honestly demean myself in the practice of an attorney uprightly and according to law, and that I will support the Constitution of the United States. So help me God."

SEC. 219. Any attorney receiving or collecting the money of his client and refusing unlawfully to pay the same when demanded may be proceeded against in a summary way on notice by said court, which may suspend him from practice or dismiss him from its bar.

etc.

Attorneys. --qualifications,

-oath of.

-refusal to deliver money collected.

-suspension,

SEC. 220. Each of the courts in said District may suspend or dismiss from its bar any attorney who shall be convicted of any offense involv- etc., for moral turing moral turpitude.

pitude.

Court of appeals.

Constitution.

Salaries of jus

tices.

Oath.

Clerk.

Deputy.

Fees, etc.

Terms.

To be at least three a year.

tions, etc.

SUBCHAPTER FOUR.

THE COURT OF APPEALS.

SEC. 221. CONSTITUTION.-The court of appeals of said District shall continue as at present organized, and shall consist of one chief justice and two associate justices, who shall be appointed by the President, by and with the advice and consent of the Senate, and shall hold office during good behavior.

SEC. 222. SALARY.-The said justices shall each receive an annual salary of six thousand dollars, payable quarterly at the Treasury of the United States, except the chief justice, who shall receive six thousand

five hundred dollars.

SEC. 223. OATH.-Each of said justices, before he enters upon the duties of his office, shall take the oath prescribed by law to be taken by the judges of the courts of the United States.

SEC. 224. CLERK.-There shall be a clerk of said court of appeals, to be appointed by the court, who shall receive as compensation for his services, in the discretion of the court, an annual salary not to exceed the sum of three thousand dollars, payable monthly at the Treasury of the United States, and who shall give bond, such as the court may determine to be satisfactory, for the faithful performance of his duties, and his duties shall be such as the court may from time to time prescribe. The said clerk of the court of appeals shall, with the approval of the court, appoint one assistant or deputy clerk, who shall receive as compensation for his services, in the discretion of the court, an annual salary not to exceed the sum of two thousand dollars, payable monthly at the Treasury of the United States, and who may sign the name of the clerk to any official act required by law or by the practice of the court to be performed by the clerk, and may authenticate said signature by affixing the seal of the court thereto when the impress of the seal is necessary to its authentication. In such case the signature shall be

By

, Clerk, Assistant Clerk.

The court shall regulate from time to time the fees to be charged by the said clerk, which shall be accounted for at least once in each quarter and paid into the Treasury of the United States, and said clerk shall receive such allowance for necessary expenditures in the conduct of his office as the court may determine by special or general order in the premises, but not to exceed the sum of five hundred dollars in any one year, payable, as aforesaid, at the Treasury of the United States.

SEC. 225. TERMS AND RULES.-The said court of appeals shall establish by rule of court such terms of the court in each year as to it may

seem necessary:

Provided, however, That there shall be at least three terms in each year; and it shall make such rules and regulations as may be necessary and proper for the transaction of its business and the taking of appeals Power of court to said court. And said court of appeals shall have the power to preto make regula- scribe what part or parts of the proceedings in the court below shall constitute the record on appeal, except as herein otherwise provided, and the forms of bills of exceptions, and to require that the original papers be sent to it instead of copies thereof, and generally to regulate all matters relating to appeals, whether in the court below or in When justice of said court of appeals. If any member of the court shall be absent supreme court may on account of illness or other cause during the session thereof, or shall sit. be disqualified from hearing and determining any particular cause by having been of counsel therein, or by having as justice of the supreme court of the District of Columbia previously passed upon the merits

thereof, or if for any reason whatever it shall be impracticable to obtain a full court of three justices, the member or members of the court who shall be present shall designate a justice or justices of the supreme court of the District of Columbia to temporarily fill the vacancy or vacancies so created, and the justice or justices so designated shall sit in said court of appeals and perform the duties of a member thereof while such vacancy or vacancies shall exist:

-may not hear

Provided, That no justice of the supreme court of the District of Columbia shall, while on the bench of said court of appeals, sit in decree, etc., made review of any judgment, decree, or order which he shall have himself entered or made:

by himself.

Two justices

of

Provided also, That if the parties to any cause shall so stipulate in writing, by their attorneys and solicitors, such cause may be heard may hear cause on and determined by two justices of the court without calling in any of counsel. stipulation the justices of the supreme court of the District of Columbia: And provided also, That all motions to dismiss appeals and other -may hear momotions may be heard by two justices in the event of the absence or tions, etc. disqualification of any one of the justices as aforesaid:

And provided further, That if in any cause heard before two justices

division in

as aforesaid the court shall be divided in its opinion, then the judg- opinion. ment or decree of the lower court shall stand affirmed.

SEC. 226. JURISDICTION.-Any party aggrieved by any final order, judgment, or decree of the supreme court of the District of Columbia, or of any justice thereof, "including any final order or judgment in any case heard on appeal from a justice of the peace," may appeal therefrom to the said court of appeals; and upon such appeal the court of appeals shall review such order, judgment, or decree, and affirm, reverse, or modify the same as shall be just, except as provided in the following sections. Appeals shall also be allowed to said court of appeals from all interlocutory orders of the supreme court of the District of Columbia, or by any justice thereof, whereby the possession of property is changed or affected, such as orders for the appointment of receivers, granting injunctions, dissolving writs of attachment, and the like; and also from any other interlocutory order, in the discretion of the said court of appeals, whenever it is made to appear to said court upon petition that it will be in the interest of justice to allow such appeal.

Jurisdiction.

Appeals from

Bill of excep

Writ of error

SEC. 227. APPEALS FROM POLICE COURT.--If, upon the trial of any cause in the police court, an exception be taken by or on behalf of police court. the United States, the District of Columbia, or any defendant to any ruling or instruction of the court upon matter of law, the same shall be reduced to writing and stated in a bill of exceptions, with so much tions. of the evidence as may be material to the question or questions raised, which said bill of exceptions shall be settled and signed by the judge within such time as may be prescribed by rules and regulations which shall be made by the court of appeals of the District of Columbia for the transaction of business to be brought before it under this section, and for the time and method of the entry of appeals and for giving notice of writs of error thereto from the police court of the District etc. of Columbia; and if, upon presentation to any justice of the court of appeals of the District of Columbia of a petition which, in the case of a defendant, shall be verified, setting forth the matter or matters so excepted to, such justice shall be of opinion that the same ought to be reviewed, he may allow a writ of error in the cause, which shall issue out of the said court of appeals, addressed to the judge of the police court, who shall forthwith send up the information filed in the cause and a transcript of the record therein, certified under the seal of said court, to said court of appeals for review and such action as the law may require, which record shall be filed in said court of appeals within such time as may be prescribed by the court of appeals, as

-bond.

Appeals from Commissioner of

Patents.

1893, Feb. 27,

herembefore provided. Any party desiring the benefit of the provisions of this section shall give notice in open court of his or its intention to apply for a writ of error upon such exceptions and thereupon proceedings therein shall be stayed for ten days:

Provided, That the defendant seeking an appeal shall then and there enter into recognizance, with sufficient surety to be approved by the judge of the police court, conditioned that in the event of a denial of his application for a writ of error he will, within five days next after the expiration of said ten days appear in said police court and abide by and perform its judgment, and that in the event of the granting of such writ of error he will appear in said court of appeals of the District of Columbia and prosecute the writ of error and abide by and perform its judgment in the premises. Upon failure of any defendant to enter into the recognizance provided for in this section the sentence of the police court shall stand and be executed; otherwise execution shall be stayed pending proceedings upon his application for a writ of error and until final disposition thereof by the said court of appeals.

SEC. 228. APPEALS FROM COMMISSIONER OF PATENTS. The determination of appeals from the decisions of the Commissioner of Patents shall remain vested in said court of appeals, as provided by the Act ch. 74, 2 Supp. R. approved February ninth, eighteen hundred and ninety-three, chapter seventy-four, entitled "An Act to establish a court of appeals for the District of Columbia, and for other purposes," and any party aggrieved by a decision of the Commissioner of Patents in any interference case may appeal therefrom to said court of appeals.

S. 78.

Opinions.

Reporter.

Reports to be furnished justices,

etc.

Appropriation.

Writs.

Marshal to ecute orders.

ex

SEC. 229. OPINIONS.-The opinion of the said court of appeals in every case shall be rendered in writing, and shall be filed in such case as a part of the record thereof, and the said court of appeals is authorized to appoint a reporter, who shall serve during the pleasure of the court and with a salary of one thousand dollars per annum, and whose duty shall be to report, edit, and publish, in form to be prescribed by the court, its opinions.

And the said reporter shall furnish and deliver one copy of each volume of the reports of said opinions which shall have been published at the date of the passage of this code to each of the justices of the said court of appeals, the supreme court, and the judges of the police court of said District, immediately after the passage hereof, and shall thereafter furnish and deliver one copy of each volume of the reports of said opinions that shall thereafter be published immediately after the issue thereof to each of said justices and judges, and the copies soreceived by each of them shall, in case of his death, resignation, or removal from office, be delivered to his successor. And there is hereby appropriated, out of any moneys in the Treasury not otherwise appropriated, such sums as may be necessary to pay the said reporter therefor at the rate of not exceeding five dollars per volume; and such appropriations shall be deemed permanent and annual appropriations, and one-half thereof shall be paid out of the revenues of the District of Columbia.

SEC. 230. WRITS.-The said court of appeals shall have power to issue all necessary and proper remedial prerogative writs in aid of its appellate jurisdiction.

SEC. 231. MARSHAL TO EXECUTE ORDERS.-The marshal of the United States for the District of Columbia shall execute the orders and processes of the court of appeals in the same manner as he executes those of the supreme court of the District.

Half of justices' SEC. 232. HALF OF SALARIES PAID BY DISTRICT OF COLUMBIA. —Onesalaries paid by half of the amounts paid on account of salaries of the justices of the District of Colum- court of appeals shall be paid from the revenues of the District of

bia.

Columbia.

SUBCHAPTER FIVE.

THE SUPREME COURT OF THE UNITED STATES.

SEC. 233. Any final judgment or decree of the court of appeals may be reexamined and affirmed, reversed, or modified by the Supreme Court of the United States, upon writ of error or appeal, in all cases in which the matter in dispute, exclusive of costs, shall exceed the sum of five thousand dollars, in the same manner and under the same regulations as existed in cases of writs of error on judgments or appeals from decrees rendered in the supreme court of the District of Columbia on February ninth, eighteen hundred and ninety-three, and also in cases, without regard to the sum or value of the matter in dispute, wherein is involved the validity of any patent or copyright, or in which is drawn in question the validity of a treaty or statute of, or an authority exercised under, the United States.

SEC. 234. In any case heretofore made final in the court of appeals it shall be competent for the Supreme Court of the United States to require, by certiorari or otherwise, any such case to be certified to said Supreme Court for its review and determination, with the same power and authority in the case as if it had been carried by appeal or writ of error to said Supreme Court.

CHAPTER Two.

The Supreme Court of the United States.

Appeals, etc., to from court of appeals.

-certiorari.

What rights of

SEC. 235. RIGHT OF ACTION TO SURVIVE.-On the death of any person in whose favor or against whom a right of action may have accrued action survive. for any cause except an injury to the person or to the reputation, said right of action shall survive in favor of or against the legal representatives of the deceased; but no right of action for an injury to the person, except as provided in chapter forty-five of this code, or to the reputation, shall so survive.

Death, effect of.

Summons

to

fendant to appear,

SEC. 236. DEATH, EFFECT OF. -No action at common law shall abate by the death of either or any of the parties thereto if the right of action would survive as aforesaid; but upon the death of any defendant the action shall continue pending, and the heir, devisee, executor, administrator, or other person interested in the place of the deceased defendant, as the case may require, may appear to such action. And in case the proper person to defend such action shall not appear to the heirs, etc., of desame during the term of the court in which such death be may sug- etc. gested, the plaintiff may cause a summons to be issued, directed to the proper person to defend such action, to be served on such person, if found in the District of Columbia and legally suable therein, requir ing him to appear thereto on or before the twentieth day, exclusive of Sundays and legal holidays, occurring after the service thereof, and show cause why such action should not be prosecuted to judgment; and if it shall appear to the court that such summons has been duly served, and the person so summoned shall not appear as thereby required, then the court may cause the appearance of such person to be entered, and there shall be the same proceedings in said action as if said person had voluntarily appeared; and all the proceedings had before the death of the defendant shall be considered as proceedings in the action, and such further proceedings shall be had to bring the cause fairly to trial as the court may deem proper. If the proper rep- New parties to resentative of a deceased defendant be not made a party to the action be made within within one year from the death of said defendant, the action shall one year. abate as to such defendant: