SEC. 1286. BY WHOM SUIT BROUGHT.-A proceeding to declare the By whom pronullity of a marriage may be instituted in the case of an infant under ceedings to nullify to be brought. the age of consent by such infant, through a next friend, or by the parent or guardian of such infant; and in the case of an idiot or lunatic by next friend. But no such proceedings shall be allowed to be instituted by any person who, being fully capable of contracting a marriage, has knowingly and willfully contracted any marriage declared illegal by the foregoing sections. SEC. 1287. MARRIAGE OUT OF DISTRICT.-If any marriage declared Marriage out of illegal by the aforegoing sections shall be entered into in another juris- District. diction by persons having and retaining their domicile in the District of Columbia, such marriage shall be deemed illegal, and may be decreed to be void in said District in the same manner as if it had been celebrated therein. By whom mar SEC. 1288. BY WHOM MARRIAGE CEREMONY PERFORMED.-For the purpose of preserving the evidence of marriages in the District, every riage ceremony performed. minister of the gospel appointed or ordained according to the rites and ceremonies of his church, whether his residence be in the District or elsewhere in the United States or the Territories, may be authorized by any justice of the supreme court of the District of Columbia to celebrate marriages in the District. And marriages may be celebrated in the District by any justice of the peace or by any judge or justice. of any court of record. Unauthorized SEC. 1289. UNAUTHORIZED MARRIAGE.-If any one except a minister or other person authorized by the foregoing section shall hereafter marriage. celebrate the rites of marriage in said District, he shall be subject to the penalty prescribed in the following section. Celebrant to alty. SEC. 1290. LICENSE. No person authorized hereby to celebrate the rites of marriage shall do so in any case without first having delivered have license; pento him a license therefor issued from the clerk's office of said supreme court, under a penalty of not more than five hundred dollars, in the discretion of the court, to be recovered upon information in the police court of the district. Clerk to exam SEC. 1291. DUTY OF CLERK.-It shall be the duty of the clerk of the supreme court before issuing any license to solemnize a marriage ine applicant, etc. to examine any applicant for said license under oath and to ascertain the names, ages, and color of the parties desiring to marry, and if they are under age the names of their parents or guardians, whether they were previously married, whether they are related or not, and if so, in what degree, which facts shall appear on the face of the application, of which the clerk shall provide a printed form, and any false swearing in regard to such matters shall be deemed perjury. Consent of par SEC. 1292. CONSENT OF PARENT OR GUARDIAN.-If any male person intending to marry and seeking a license therefor shall be under ent or guardian. twenty-one years of age, or any female so intending shall be under eighteen years of age, and shall not have been previously married, the said clerk shall not issue such license unless the father of such person, or, if there be no father, the mother, or, if there be neither father nor mother, the guardian, if there be such, shall consent to such proposed marriage, either personally to the clerk, or by an instrument in writing attested by a witness and proved to the satisfaction of the clerk. SEC. 1293. FORM OF LICENSE.-Licenses to perform the marriage Form of license. ceremony shall be in the following form: Number To any minister or other person authorized to celebrate marriages in the District of Columbia, greeting: You are hereby authorized to celebrate the rites of marriage between and having done so, you are commanded to make return of the same Return coupon to the clerk's office of the supreme court of said District within ten By - day of Clerk. Said return shall be made in person or by mail, on a coupon issued to be filed with with said license and bearing a corresponding number therewith, within ten days from the time of said marriage, and shall be in the following form: clerk. -form of. -penalty. Record of li censes. Number I, ... who have been duly authorized to celebrate the rites of marriage in the District of Columbia, do hereby certify that, by authority of a license of corresponding number herewith, I solemnized the marriage of named therein, on the said District. day of and at in A second coupon, of corresponding number with the license, shall be attached to and issued with said license, to be given by the minister or other person celebrating the marriage to the contracting parties, and shall be in the following form: SEC. 1294. DUTY OF MINISTER OR OTHER PERSON CELEBRATING MARRIAGE.-Any minister or other person, having solemnized the rites of marriage under the authority of a license issued as aforesaid, who shall fail to make return as therein required, shall be liable to a penalty of fifty dollars upon conviction of said failure upon information in the police court of said district. SEC. 1295. RECORD.-The clerk of the said court shall provide a record book in his office, consisting of applications and licenses in blank, to be filled up by him with the names and residences of the parties for whose marriage any license may have been issued, said applications and licenses to be numbered consecutively from one upward; -of certificates, and also a record book in which shall be recorded, in the order of their etc. Slave marriages deemed valid. numbers, the certificates of the minister or other persons authorized, upon their return to said office, corresponding to said record book of licenses issued, and a copy of any license and certificate of marriage so kept and recorded, certified by the clerk under his hand and seal, shall be competent evidence of the marriage. SEC. 1296. SLAVE MARRIAGES.-All colored persons in the District who, previous to their actual emancipation, had undertaken and agreed to occupy the relation to each other of husband and wife, and were cohabiting together as such or in any way recognizing the relation as existing on the twenty-fifth day of July, eighteen hundred and sixtysix, whether the rites of marriage have been celebrated between them or not, are deemed husband and wife, and are entitled to all the rights and privileges and subject to the duties and obligations of that relation —children legiti- in like manner as if they had been duly married according to law. All the children of such persons shall be deemed legitimate, whether born before or after the date mentioned. When such parties have ceased to cohabit before such date, in consequence of the death of the woman mate. or from any other cause, all the children of the woman recognized by the man to be his shall be deemed legitimate. Children of col persons mar SEC. 1297. COLORED PERSONS.-The issue of any marriage of colored persons contracted and entered into according to any custom prevail-ried according to ing at the time in any of the States wherein the same occurred shall, local customs may for all purposes of descent and inheritance and the transmission of inherit, etc. both real and personal property within the District of Columbia, be deemed and held to be legitimate and capable of inheriting and transmitting inheritance, and taking as next of kin and distributes according to law, from and to their parents or either of them, and from and to those from whom such parents or either of them may inherit or transmit inheritance, anything in the laws of such State to the contrary notwithstanding: implication as Provided, That nothing herein shall be construed as implying that any such marriage is not valid or such issue legitimate for all other to such marriage. purposes. CHAPTER FORTY-FOUR. NAME, CHANGE OF. Name, change of. SEC. 1298. PROCEEDING FOR CHANGE OF NAME.-Any person of full age, being a resident of the District and desirous to have his name. changed, may file a petition in the supreme court setting forth the reasons therefor and also the name desired to be assumed. filing petition. notice, publi SEC. 1299. NOTICE.-Notice of the filing of such petition, containing the substance and prayer thereof, shall be published for three consecu- cation of. tive weeks in some newspaper in general circulation published in the District prior to the hearing of the petition. SEC. 1300. DECREE.-The court, or the justice holding an equity Decree. term thereof, on proof of such notice and upon such showing as may be deemed satisfactory, may change the name of the applicant according to the prayer of the petition. CHAPTER FORTY-FIVE. NEGLIGENCE CAUSING DEATH. SEC. 1301. LIABILITY.-Whenever by an injury done or happening within the limits of the District of Columbia the death of a person shall be caused by the wrongful act, neglect, or default of any person or corporation, and the aet, neglect, or default is such as would, if death had not ensued, have entitled the party injured, or if the person injured be a married woman, have entitled her husband, either separately or by joining with the wife, to maintain an action and recover damages, the person who or corporation which would have been liable if death had not ensued shall be liable to an action for damages for such death, notwithstanding the death of the person injured, even though the death shall have been caused under circumstances which constitute a felony; and such damages shall be assessed with reference to the injury resulting from such act, neglect, or default causing such death, to the widow and next of kin of such deceased person: Provided, That in no case shall the recovery under this act exceed the sum of ten thousand dollars: Negligence causing death. Liability Amount recoverable limited. Recovery during And provided further, That no action shall be maintained under this chapter in any case when the party injured by such wrongful act, life of party a bar neglect, or default has recovered damages therefor during the life of to action. such party. SEC. 1302. BY WHOM SUIT TO BE BROUGHT.-Every action shall be By whom suit to - brought by and in the name of the personal representative of such be brought. Distribution of damages. Negotiable in struments. Definitions. Where last day falls on holiday. Law merchant. When instru SEC. 1303. DISTRIBUTION OF DAMAGES.-The damages recovered in such action shall not be appropriated to the payment of the debts or liabilities of such deceased person, but shall inure to the benefit of his or her family and be distributed according to the provisions of the statute of distribution in force in the said District of Columbia. CHAPTER FORTY-SIX. NEGOTIABLE INSTRUMENTS. SEC. 1304. DEFINITIONS.-In this chapter, unless the context otherwise requires "Acceptance" means an acceptance completed by delivery or noti fication. "Action" includes counterclaim and set-off. "Bank" includes any person or association of persons carrying on the business of banking, whether incorporated or not. "Bearer" means the person in possession of a bill or note which is payable to bearer. Bill" means bill of exchange, and "note" means negotiable promissory note. "Delivery" means transfer of possession, actual or constructive, from one person to another. "Holder" means the payee or indorsee of a bill or note, who is in possession of it, or the bearer thereof. "Indorsement" means an indorsement completed by delivery. "Issue" means the first delivery of the instrument, complete in form, to a person who takes it as a holder. "Person" includes a body of persons, whether incorporated or not. "Value" means valuable consideration. Written" includes printed, and "writing" includes print. The person "primarily" liable on an instrument is the person who by the terms of the instrument is absolutely required to pay the same. All other parties are "secondarily" liable. In determining what is a "reasonable time" or an "unreasonable time" regard is to be had to the nature of the instrument, the usage of trade or business, if any, with respect to such instruments, and the facts of the particular case. Where the day or the last day for doing any act herein required or permitted to be done falls on Sunday or on a holiday, the act may be done on the next succeeding secular or business day. In any case not provided for in this act the rules of the law merchant shall govern. SEC. 1305. WHEN NEGOTIABLE.-An instrument to be negotiable ment negotiable. must conform to the following requirements: Certainty as to sum. First. It must be in writing and signed by the maker or drawer. Second. It must contain an unconditional promise or order to pay a certain sum in money. Third. It must be payable on demand or at a fixed or determinable future time. Fourth. It must be payable to order or to bearer; and, Fifth. Where the instrument is addressed to a drawee he must be named or otherwise indicated therein with reasonable certainty. SEC. 1306. SUM PAYABLE. The sum payable is a sum certain within the meaning hereof, although it is to be paid— First. With interest; or, Second. By stated installments; or, Third. By stated installments, with a provision that upon default in payment of any installment or of interest the whole shall become due; or, Fourth. With exchange, whether at a fixed rate or at the current rate; or, Fifth. With costs of collection or an attorney's fee, in case payment shall not be made at maturity. SEC. 1307. WHEN PROMISE IS UNCONDITIONAL.-An unqualified order When promise or promise to pay is unconditional within the meaning hereof, though is unconditional. coupled with First. An indication of a particular fund out of which reimbursement is to be made, or a particular account to be debited with the amount; or, Second. A statement of the transaction which gives rise to the instrument. But an order or promise to pay out of a particular fund is not unconditional. Time of pay SEC. 1308. TIME OF PAYMENT.-An instrument is payable at a determinable future time, within the meaning hereof, which is expressed ment. to be payable First. At a fixed period after date or sight; or, Second. On or before a fixed or determinable future time specified therein; or, Third. On or at a fixed period after the occurrence of a specified event which is certain to happen, though the time of happening be uncertain. An instrument payable upon a contingency is not negotiable, and the happening of the event does not cure the defect. Additional pro SEC. 1309. PROMISE IN ADDITION TO PROMISE OF PAYMENT.-An instrument which contains an order or promise to do any act in addi- visions not affecttion to the payment of money is not negotiable. But the negotiable ing negotiability. character of an instrument otherwise negotiable is not affected by a provision which First. Authorizes the sale of collateral securities in case the instrument be not paid at maturity; or, Second. Authorizes a confession of judgment if the instrument be not paid at maturity; or, Third. Waives the benefit of any law intended for the advantage or protection of the obligor; or, Fourth. Gives the holder an election to require something to be done in lieu of payment of money. But nothing in this section shall validate any provision or stipulation otherwise illegal. SEC. 1310. DATE. The validity and negotiable character of an instrument are not affected by the fact that First. It is not dated; or, Second. Does not specify the value given, or that any value has been given therefor; or, Omissions not affecting negotiability. Third. Does not specify the place where it is drawn or the place where it is payable; or, Fourth. Bears a seal; or, Fifth. Designates a particular kind of current money in which payment is to be made. But nothing in this section shall alter or repeal any statute requiring in certain cases the nature of the consideration to be stated in the instrument. 1 SEC. 1311. INSTRUMENT PAYABLE ON DEMAND.—An instrument is payable on demand-- First. Where it is expressed to be payable on demand, or at sight, or on presentation; or, Second. In which no time for payment is expressed. When payable on demand. |