provided in the preceding section; and in all such cases where judgment shall be entered for the garnishee the plaintiff shall be adjudged to pay to the garnishee, in addition to the taxed costs, a reasonable counsel fee. And if such issue be found for the plaintiff, judgment shall be rendered as if possession of the property or credits had been confessed by the garnishee.

SEC. 462. CLAIMANTS.-Any person may file his petition in the cause, under oath, at any time before the final disposition of the property attached or its proceeds, except where it is real estate, setting forth a claim thereto or an interest in or lien upon the same, acquired before the levy of the attachment; and the court, without other pleading, shall inquire into the claim, and, if either party shall request it, impanel a jury for the purpose, who shall be sworn to try the question involved as an issue between the claimant as plaintiff, and the parties to the suit as defendants, and the court may make all such orders as may be necessary to protect any rights of the petitioner.

SEC. 463. JUDGMENTS.-If the defendant in the action has been served with process, final judgment shall not be rendered against the garnishee until the action against the defendant is determined. If in such action judgment is rendered for the defendant, the garnishee shall be discharged and shall recover his costs, and the property attached or its proceeds shall be restored to the garnishee or to the defendant, as the case may require.

Claimants.

Judgments.

SEC. 464. If in such action judgment is rendered in favor of the Where plaintiff plaintiff against the defendant, and it shall appear that the plaintiff is entitled to judgentitled to a judgment of condemnation of the property attached, the ment of condemcourt shall proceed to enter such judgment in the attachment as in the following sections directed.

nation.

-action to re

SEC. 465. If the action be to replevy specific personal property and the same has not been replevied, other property may be attached in plevy specific said action to recover damages and costs, and if the same be adjudged, personal property, the proceedings shall be the same as herein provided in other cases of money claims.

etc.

SEC. 466. If, in any form of action, specific property has been -where specific attached and remains under the control of court, judgment of condem- property has been attached and renation of the same shall be entered, and so much thereof as may be mains under the necessary to satisfy the demand of the plaintiff shall be sold under fieri control of court, facias; or if the said property shall have been sold under interlocutory etc. order of the court, the proceeds, or so much thereof as may be necessary, shall be applied to the plaintiff's claim by order of the court. If the property attached be an undivided interest in a partnership

-where

prop

business, judgment of condemnation thereof shall be entered and the erty attached be same shall be sold in the same manner as last aforesaid.

nishee, etc.

an undivided interest in a partnerSEC. 467. If a garnishee shall have admitted credits in his hands, in ship business. answer to interrogatories served upon him, or the same shall have admitted credbeen found upon an issue made as aforesaid, judgment shall be entered its in hands of garagainst him for the amount of credits admitted or found as aforesaid, not exceeding the plaintiff's claim, less a reasonable attorney's fee to be fixed by the court, and costs, and execution had thereon; but if said credits shall not be immediately due and payable, execution shall be stayed until the same shall become due; and if the garnishee shall have failed to answer the interrogatories served on him, or to appear and show cause why a judgment of condemnation should not be entered, judgment shall be entered against him for the whole amount of the plaintiff's claim, and costs, and execution had thereon.

re

SEC. 468. If the property attached has been delivered to or retained Property by a garnishee, upon his executing an undertaking as provided in sec- tained, etc., by tion four hundred and fifty-four, judgment of condemnation of said ment on executing garnishee, judgproperty shall be rendered, as provided in section four hundred and bond, etc.

SUP R S−VOL 2- -107

sixty-six, and judgment shall also be entered that the plaintiff recover from the garnishee and his surety or sureties the value of said property, not exceeding the plaintiff's claim, said judgment to be entered satisfied if said property be forthcoming and delivered to the marshal, undiminished in value, within ten days after said judgment; otherwise, execution thereof to be had against said garnishee and his surety or sureties; and if said property shall be so delivered to the marshal the same shall be sold by him under fieri facias to satisfy said judgment of condemnation.

Judgment to SEC. 469. JUDGMENT TO PROTECT GARNISHEE.—Any judgment of protect garnishee. condemnation against a garnishee, and execution thereon, or payment by such garnishee in obedience to the judgment or any order of the court, shall be a sufficient plea in bar in any action brought against him by the defendant in the suit in which the attachment is issued, for or concerning the property or credits so condemned.

Fraudulent assignments.

SEC. 470. FRAUDULENT ASSIGNMENTS.-If the ground upon which an attachment is applied for be that the defendant has assigned, con-attachment of veyed, or disposed of his property with intent to hinder, delay, or property assigned defraud his creditors, the attachment may be levied upon the property in hands of garalleged to be so assigned or conveyed in the hands of the alleged nishee, etc. fraudulent assignee or transferee, as a garnishee.

-rights of said garnishee, etc.

-pleas of, etc.

-judgment for.

-against.

Trial of issues.

SEC. 471. The said garnishee may have the same benefit of section four hundred and fifty-one aforesaid as the defendant in the action; and if the court shall be of opinion, upon the hearing of the affidavits filed, that the attachment ought not to have issued or to have been levied on the property claimed by said garnishee, the said attachment may be quashed as to the said garnishee and the said levy set aside.

SEC. 472. If the said levy shall not be so set aside, the said garnishee may plead that he was a bona fide purchaser from the defendant for value without notice of any fraud on the part of said defendant, and such plea shall be held to make an issue, without any further pleading in reply thereto; and said issue may be tried as directed in section four hundred and sixty aforesaid.

SEC. 473. If said issue is found in favor of the said garnishee, judgment shall be rendered in his favor for his costs and a reasonable counsel fee. If said issue be found against such garnishee, but judgment in the action is rendered in favor of the defendant, the said attachment shall be dissolved, and said garnishee shall recover his costs.

SEC. 474. If the said issue is found against said garnishee and judg ment in the action is rendered in favor of the plaintiff against the defendant, or the defendant, not being found, has failed to appear in obedience to the order of publication against him, if it shall appear upon the verdict of a jury that the claim of the plaintiff against said defendant is well founded, a judgment of condemnation of the property attached shall be rendered, as directed in section four hundred and sixty-four aforesaid.

SEC. 475. TRIAL OF ISSUES.-All issues raised by pleas to the attachment, in any case, may be tried at the same time as the issues raised by the pleadings in the action, or separately, as the convenience of the court may require.

Act not to preSEC. 476. THIS ACT NOT TO PREVENT BILL IN EQUITY.-Nothing vent bill of equity. herein contained shall be construed as depriving a judgment creditor of the right to file a bill in equity to enforce his judgment against an equitable interest in real or personal estate of the judgment defendant, or to have a conveyance of the real or personal estate by said defendant, made with intent to hinder, delay, and defraud his creditors, set aside.

Attachment

docket.

SEC. 477. ATTACHMENT DOCKETS.-The clerk of said court shall keep an attachment docket, in which, as well as in the regular docket, shall be entered all attachments levied upon real estate, with a description,

in brief, of the real estate so levied upon; and said attachments shall be indexed in the names of the defendant and of any person in whose possession said property may have been levied upon.

CHAPTER FOURTEEN.

BONDS AND UNDERTAKINGS.

SEC. 478. BONDS.-A bond, when required or referred to, in the provisions of this code, shall be understood to signify an obligation in a certain sum or penalty, subject to a condition, on breach of which it is to become absolute and to be enforceable by action.

SEC. 479. UNDERTAKINGS.-An undertaking shall be understood to signify an agreement entered into by a party to a suit or proceeding, with or without sureties, upon which a judgment or decree may be rendered in the same suit or proceeding against said party and his sureties, if any, the said party and sureties submitting themselves to the jurisdiction of the court for that purpose.

Bonds.

Undertakings.

SEC. 480. ACTIONS ON BONDS.-A bond in a penal sum, containing Actions a condition that it shall be void on the payment of a certain sum of bonds. money, or the performance of an act, or of certain duties, shall have the same effect for the purpose of maintaining an action upon it as if it contained a covenant to pay the money or perform the act or the duties specified in the condition. But the damages to be recovered for a breach, or successive breaches, of the condition, as against the sureties therein, shall not exceed the penalty of the bond.

on

Bond to United

SEC. 481. BOND TO UNITED STATES BY OFFICERS.-Whenever a bond is executed to the United States by any fiduciary or public officer, States by officers. conditioned for the performance of certain duties, in the performance of which private persons are interested, any such persons, aggrieved by a breach of such condition, shall be entitled to maintain an action thereon in his own name against the obligor and his sureties to recover damages for the injury suffered by him in consequence of such breach; and it shall be the duty of the custodian of such bond to furnish a certified copy thereof to said party for the purpose aforesaid on payment of the legal fees therefor.

Bonds of trus

SEC. 482. BONDS OF TRUSTEES.-If any person appointed by order or decree of the court to the office of trustee or to any other fiduciary tees. office shall give bond, with surety or sureties, for the due performance of his duties, he shall not be allowed to discharge said bond by receipts, releases, or acquittances from himself, as attorney for parties interested, to himself as such trustee or other fiduciary; but the funds or estate for the due application whereof he is responsible shall be considered as remaining in his hands, and said bond shall continue in force as against both principal and sureties until said funds or estate shall be fully accounted for and paid over or delivered to the parties interested therein, or their attorney, other than said trustee or other fiduciary duly authorized to receive the same.

CHAPTER FIFTEEN.

CONDEMNATION OF LAND FOR PUBLIC USE.

Condemnation of land for public

use.

Land for United States and District

SEC. 483. LAND FOR UNITED STATES AND DISTRICT OF COLUMBIA. Whenever land in the District is needed for the use of the United States, or by the Commissioners of the District for sites of schoolhouses, fire of Columbia. or police stations, or for a right of way for sewers, or for any other municipal use authorized by Congress, and the same can not be acquired by purchase from the owners thereof at a price satisfactory to the officers of the Government authorized to negotiate for the same, appli

cation may be made to the supreme court of the District by petition in the name of the United States or of said Commissioners, as the case may be, for the condemnation of said land or said right of way and the ascertainment of its value.

SEC. 484. PETITION, WHAT TO SHOW.-Such petition shall contain a particular description of the property selected, with the names of the owners thereof and their residences, so far as the same may be ascertained, together with a plan of the land to be taken.

SEC. 485. CITATION TO OWNERS.-The said court, holding a district court of the United States, shall thereupon cite all the owners and other persons interested to appear in said court, at a time to be fixed by the court, to answer said petition; and if it shall appear to the court that there are any owners or other persons interested who are under disability, the court shall give public notice of the time at which it will proceed with the matter of condemnation; and at such time, if it shall appear that there are any persons under disability who have appeared or who have not appeared, the court shall appoint a guardian ad litem for each such person, and shall thereupon proceed to appoint three capable and disinterested commissioners to appraise the value of the respective interests of all persons concerned in such lands, under such regulations as to notice and hearing as shall seem meet.

SEC. 486. CONDEMNATION AND PAYMENT.-Such commissioners shall thereupon, after being duly sworn for the proper performance of their duties, examine the premises and hear the persons in interest, who may appear before them, and return their appraisement of the value of the interests of all persons, respectively, in such land; and when such report, or the verdict of the jury hereinafter provided for, shall be confirmed by the court, the President of the United States, in cases of condemnation for the use of the United States, shall, if he thinks the public interest requires it, cause payment to be made out of the money appropriated by Congress therefor to the respective persons entitled, according to the judgment of the court; and in case any of such persons are under disability or can not be found, or neglect to receive the payment, the money to be paid to any of them shall be deposited in the Treasury to their credit, unless there be some person lawfully authorized to receive the same under the direction of the court; and when such payments are so made, or the amounts belonging to persons to whom payment shall not be made are so deposited, the said lands shall be deemed to be condemned and taken by the United States for the public use.

SEC. 487. JURY.-If any of the parties interested, or the guardian ad litem appointed for any such person who may be under a disability, shall be dissatisfied with the appraisement of the commissioners, the marshal shall be directed to summon a jury of seven disinterested men, not related to anyone interested, to meet and view the premises, giving the parties interested at least six days' notice of the time and place of meeting.

SEC. 488. BENEFITS.-The marshal shall summon the jury and administer an oath to them that they will, without favor or partiality to anyone, to the best of their judgment, decide what damage each owner will sustain by reason of the taking of his land for any of the objects aforesaid. In making their decision, the jury shall take into consideration, whenever a part only is taken, the benefit to the remainder of the tract, and shall give their verdict accordingly.

SEC. 489. The jury having been upon the premises and, after hearing the parties, having assessed the damages, shall make out a written verdict, to be signed by them, or a majority of them, and attested by the marshal, who shall return the same to the court, where it shall be recorded. The verdict of the jury may be excepted to by any party

interested, and may be set aside by the court for good reasons, and a new jury directed to be summoned.

SEC. 490. If the finding of the commissioners to appraise should not be objected to by the parties interested, and, in cases of condemnation for the use of the District, the Commissioners of the District are satisfied therewith, or if the verdict of the jury is confirmed by the court and is satisfactory to the Commissioners of the District, the said Commissioners shall pay the amount awarded by the jury out of the appropriation made therefor, or deposit the same in the same manner as directed in section four hundred and eighty-six, aforesaid, and thereupon the land condemned shall become and be the property of the District.

SEC. 491. It shall be optional with the Commissioners to abide by the verdict of the jury and occupy the land appraised by them, or abandon the same, without being liable to damage therefor.

CHAPTER SIXTEEN.

CONVEYANCING.

SUBCHAPTER ONE.

ABSOLUTE DEEDS OF REAL PROPERTY.

SEC. 492. ESTATES.-No estate of inheritance, or for life, or for a longer term than one year, in any real property, corporeal or incorporeal, in the District of Columbia, or any declaration or limitation of uses in the same, for any of the estates mentioned, shall be created or take effect, except by deed signed and sealed by the grantor, lessor, or declarant, and acknowledged in the manner herein provided.

Payment.

Optional with Commissioners to accept verdict, etc.

Conveyancing.

Absolute deeds of real property. Estates.

Acknowledg

SEC. 493. ACKNOWLEDGMENT. Such acknowledgment may be made in the District of Columbia before any judge of any of the courts of ment. said District, the clerk of the supreme court of the District, or any justice of the peace or notary public, or the recorder of deeds of said District, and the certificate of the officer taking the acknowledgment shall be to the following effect:

I, A B, a justice of the peace (or other officer authorized) in and for the District of Columbia, do hereby certify that C D, party to a certain deed bearing date on the day of and hereto annexed,

personally appeared before me in said District, the said C D being personally well known to me as (or proved by the oath of credible witnesses to be) the person who executed the said deed, and acknowledged the same to be his act and deed.

Given under my hand and seal this

day of

A B. [Seal.]

SEC. 494. RELEASE OF DOWER.-If the wife of the party executing said deed, being not less than eighteen years of age, shall desire to er. release her right of dower in the property conveyed, she shall unite in the deed with her husband and sign, seal, and acknowledge the same in the same manner as her husband, and the officer taking her acknowledgment shall add to the above form of certificate a further certificate to the following effect, namely:

And at the same time personally appeared before me, in said District, E F, the wife of said C D, personally well known to me (or proved by the oath of credible witnesses) to be such, and acknowledged the same to be her act and deed.

Such wife, however, may release her right of dower by her separate deed, when the releasee claims or derives title from, by, through, or under her husband.

Release of dow