SEC. 1615. That all alleys or parts of alleys heretofore closed by subdivision, with the approval of the Commissioners, shall remain unaffected by this code. SEC. 1616. MONEYS FROM SALE OF LAND.-If any money from the Disposition of sale of land in which the United States is interested shall remain after moneys from sale of land. carrying out the provisions of the preceding sections of this code, such moneys shall be paid into the Treasury of the United States by the Commissioners of the District of Columbia. CHAPTER FIFTY-SIX. USES AND TRUSTS. Uses and trusts. -Where Legal estate to use. SEC. 1617. THE LEGAL ESTATE TO BE IN CESTUI QUE USE. lands, tenements, or hereditaments are conveyed or devised to one be in cestui que person, whether for years or for a freehold estate, to the use of or in trust for another, no estate or interest, legal or equitable, shall vest in the trustee, but the person entitled, according to the true intent and meaning of such instrument, to the actual possession of the property and the receipt of the rents and profits thereof, in law or in equity, shall be deemed to have a legal estate therein of the same quality and duration and subject to the same conditions as his beneficial interest, except where the title of such trustee is not merely nominal but is connected with some power of actual disposition or management of the property conveyed. SEC. 1618. PURCHASER FOR VALUE.-No implied or resulting trust shall be alleged or established to defeat or prejudice the title of a purchaser for a valuable consideration and without notice of such trust; and where an express trust is created, but is not contained or declared in the conveyance to the trustee, such conveyance shall be deemed absolute in favor of purchasers from the trustee for value and without notice of the trust. CHAPTER FIFTY-SEVEN. Purchaser for value. WAREHOUSEMEN. Warehousemen. -sale, etc. SEC. 1619. LIEN OF WAREHOUSEMEN. Every person, firm, associa- Lien of tion, or corporation lawfully engaged in the business of storing goods, housemen. wares, merchandise, or personal property of any description shall have a lien first, except for taxes thereon, for the agreed charges for storing the same and for all moneys advanced for freight, cartage, labor, insurance, and other necessary expenses thereon. Said lien for such unpaid charges, upon at least one year's storage and for the aforesaid advances in connection therewith, may be enforced by sale at public auction, after thirty days' notice in writing mailed to the last known. address of the person or persons in whose name or names the said property so in default was stored, and said notice shall also be published for six days in a daily newspaper in the District of Columbia. And after deducting all storage charges, advances, and expenses of sale, any balance arising therefrom shall be paid by the bailee to the bailor of such goods, wares, merchandise, or personal property, his assigns or legal representatives. ware may be in SEC. 1620. ASSIGNEE.-Said property may be so sold either in bulk or in separate pieces, articles, packages, or parcels, as will in the judg- bulk, etc. ment of the lien holder secure the largest obtainable price: Notice to as Provided, That if the person or persons storing said property shall have assigned or transferred the title thereto and have duly recorded signee of said assignment or transfer upon the books of the storage warehouse, the property. written notice of sale shall also be mailed to said transferee or assignee. Where title in SEC. 1621. WHERE TITLE IN ISSUE. issue. Waste. Joint tenant or against cotenant. -Whenever the title or right of possession to any goods, wares, merchandise, or personal property on storage shall be put in issue by any judicial proceeding, the same shall be delivered upon the order of the court, after prepayment of the storage charges and cash advances then due by the person at whose instance such change of possession is so ordered, and who shall be entitled to recover such payment as part of the costs in such proceeding. or, if defeated therein, he shall be credited with such payment in taxation of costs against him. And unless the person, firm, association, or corporation so conducting a storage business shall claim some right, title, or interest in said stored property other than the lien hereinabove authorized, he, it, or they shall not be made a party to such judicial proceedings. CHAPTER FIFTY-EIGHT. WASTE. SEC. 1622. JOINT TENANT OR TENANT IN COMMON AGAINST COTENANT.tenant in common Any joint tenant or tenant in common may maintain an action for waste committed by his cotenant, or in a suit for a partition, or a sale for purpose of partition, may have said waste charged against the share of the cotenant committing the same. Wills. devised. CHAPTER FIFTY-NINE. WILLS. What may be SEC. 1623. WHAT MAY BE DEVISED.-All lands, tenements, and he: editaments, and personal estate which might pass by deed or gift, or which would, in case of the proprietor's dying intestate, descend to or devolve on his or her heirs or other representatives, shall be subject to be disposed of, transferred, and passed by his or her last will, testament, or codicil, under the following restrictions: Perpetuities. Who capable of making will. Form of will. Revocation. Revival of will after revocation. SEC. 1624. PERPETUITIES.-No will, testament, or codicil shall be effectual to create any interest in perpetuity, or make any limitation, or appoint any uses, except as permitted by this code. SEC. 1625. WHO CAPABLE OF MAKING WILL. No will, testament, or codicil shall be good and effectual for any purpose whatever unless the person making the same be, if a male, of the full age of twenty-one years, and if a female, of the full age of eighteen years, and be at the time of executing or acknowledging it, as hereinafter directed, of sound and disposing mind and capable of executing a valid deed or contract. SEC. 1626. FORM OF WILL AND REVOCATION.-All wills and testaments shall be in writing and signed by the testator, or by some other person in his presence and by his express directions, and shall be attested and subscribed in the presence of the said testator by at least two credible witnesses, or else they shall be utterly void and of no effect; and, moreover, no devise or bequest, or any clause thereof, shall be revocable otherwise than by some other will or codicil in writing or other writing declaring the same, or by burning, canceling, tearing, or obliterating the same by the testator himself or in his presence and by his direction and consent; but all devises and bequests shall remain and continue in force until the same be burned, canceled, torn, or obliterated by the testator or by his direction in the manner aforesaid, or unless the same be altered or revoked by some other will, testament, or codicil in writing, or other writing of the testator signed in th presence of at least two witnesses attesting the same, any former law or usage to the contrary notwithstanding. SEC. 1627. REVIVAL OF WILL AFTER REVOCATION.-No will or codici. or any part thereof, which shall be in any manner revoked shall, afte being revoked, be revived otherwise than by the reexecution thereof, or by a codicil executed in the manner hereinbefore required, and then only to the extent to which an intention to revive is shown." After-acquired SEC. 1628. AFTER ACQUIRED REAL ESTATE.-Any will hereafter executed which shall, by words of general import, devise all the estate or real estate. all the real estate of the testator shall be deemed, taken, and held to operate as a valid devise of any real estate acquired by said testator after the execution of such will, unless it shall appear therefrom that it was not the intention of the testator to devise such after-acquired property. SEC. 1629. POWERS.-No appointment made by will in the exercise of a power shall be valid unless the same be so executed that it would be valid for the disposition of the property to which the power applies if it belonged to the testator. Powers. Satisfaction of SEC. 1630. SATISFACTION OF LEGACY.-A provision for or advancement to any person shall be deemed a satisfaction, in whole or in part legacy. of a devise or bequest to such person contained in a previous will if it would be so deemed in case the devisee or legatee were the child of the testator; and, whether he be a child or not, it shall be so deemed in all cases in which it shall appear from parol or other evidence to be so intended. Devisee dying before testator, Lapsed devises. SEC. 1631. LAPSED OR VOID DEVISES.-If a devisee or legatee die before the testator, leaving issue who survive the testator, such issue heirs to take, etc. shall take the estate devised or bequeathed as the devisee or legatee would have done if he had survived the testator, unless a different disposition be made or required by the will. Unless a contrary intention appear by the will, such property as shall be comprised in any devise or bequest in such will which shall fail or be void or otherwise incapable of taking effect shall be deemed included in the residuary devise or bequest, if any, contained in such will. SEC. 1632. LEASEHOLDS.-A devise of the land of a testator, or of his land in any place, or in the occupation of a person named or otherwise described in a general manner, shall be construed to include his leasehold estates or any of them to which such descriptions shall extend, as well as freehold estates, unless a contrary intention shall appear by the will. Leaseholds. General devise SEC. 1633. GENERAL DEVISE OF ALL PROPERTY.-Every devise and bequest purporting to be of all real or personal property, or both, of all property. belonging to the testator shall be construed to include also all property of either or both kinds, respectively, over which he has a general power of appointment, and the legal title of all such property which he holds in trust, unless the contrary intention shall appear in the will or codicil containing such devise or bequest. SEC. 1634. NUNCUPATIVE WILLS.-No nuncupative will hereafter made shall be valid in the District; but any soldier being in actual military service, or mariner being at sea, may dispose of his movables, wages, and personal estate by word of mouth: Provided, That such disposition shall be proved by at least two witnesses who were present at the making thereof and were requested by the testator to bear witness that such was his last will, nor unless such will were made in the time of the last sickness of the deceased, and the substance thereof reduced to writing within ten days after the making thereof. Nuncupative wills invalid. Soldiers may dispose of movables, etc. -witnesses, etc. Bequests for re SEC. 1635. BEQUESTS FOR RELIGIOUS PURPOSES.-No devise or bequest of lands, or goods, or chattels to any minister, public teacher, ligious purposes or preacher of the gospel, as such, or to any religious sect, order, or made one month denomination, or to or for the support, use, or benefit of or in trust before death, etc. for any minister, public teacher, or preacher of the gospel, as such, or any religious sect, order, or denomination, shall be valid unless the same shall be made at least one calendar month before the death of the testator. Repeal provisions. -exceptions. 1878, June 15,ch. CHAPTER SIXTY. REPEAL PROVISIONS. SEC. 1636. All acts and parts of acts of the general assembly of the State of Maryland general and permanent in their nature, all like acts and parts of acts of the legislative assembly of the District of Columbia, and all like acts and parts of acts of Congress applying solely to the District of Columbia in force in said District on the day of the passage of this act are hereby repealed, except: First. Acts and parts of acts relating to the rights, powers, duties, or obligations of the United States. Second. Acts and parts of acts relating to the Court of Claims. Third. Acts and parts of acts relating to the organization of the District government, or to its obligations, or the powers or duties of the Commissioners of the District of Columbia, or their subordinates or employees, or to police regulations, and generally all acts and parts of acts relating to municipal affairs only, including those regulating the charges of public-service corporations. Fourth. Acts and parts of acts relating to the militia. Fifth. All penal statutes authorizing punishment by fine only or by imprisonment not exceeding one year, or both. Sixth. Acts and parts of acts of Congress relating solely to the Departments of the General Government in the District of Columbia, or any of them. Seventh. Acts or parts of acts authorizing, defining, and prescribing the organization, powers, duties, fees, and emoluments of the register of wills of the District of Columbia and his office. Eighth. An act to regulate the practice of pharmacy in the District 215 (1 Supp. R. S., of Columbia, approved June fifteenth, eighteen hundred and seventy 183). 1892, June 6, ch. 24). eight; an act for the regulation of the practice of dentistry in the District 89 (2 Supp. R. S., of Columbia, and for the protection of the people from empiricism in relation thereto, approved June sixth, eighteen hundred and ninetytwo; 1892, July 22, ch. 230 (2 Supp. R. S., 42). 1895, Feb. 26, ch. an act regulating the construction of buildings along alleyways in the District of Columbia, approved July twenty-second, eighteen hundred and ninety-two; an act for the promotion of anatomical science, and to prevent the 132 (2 Supp. R. S., desecration of graves in the District of Columbia, approved February twenty-sixth, eighteen hundred and ninety-five; 388). 1896, May 4, ch. 154 (2 Supp. R. S., 461). 1896, May 13, ch. 475). ar. act to provide for the incorporation and regulation of medical and dental colleges in the District of Columbia, approved May fourth, eighteen hundred and ninety-six; an act relating to the testimony of physicians in the courts of the 245 (2 Supp. R. S., District of Columbia, received by the President May thirteenth, eighteen hundred and ninety-six; 1896, June 3, ch. 493). an act to regulate the practice of medicine and surgery, to license 313 (2 Supp. R. S., physicians and surgeons, and to punish persons violating the provisions thereof in the District of Columbia, approved June third, eighteen hundred and ninety-six; and, generally, all acts or parts of acts relating to medicine, dentistry, pharmacy, the commitment of the insane to the Government Hospital for the Insane in the District of Columbia, the abatement of nuisances, and public health. All acts and parts of acts included in the foregoing exceptions, or any of them, shall remain in force except in so far as the same are inconsistent with or are replaced by the provisions of this code. ions taken from SEC. 1637. The incorporation into this code of any general and Incorporation of permanent provision taken from an act making appropriations, or from permanent provisan act containing other provisions of a private or temporary character, appropriation acts, shall not repeal nor in any way affect any appropriation or any pro- etc. vision of a private or temporary character contained in any of said acts, but the same shall remain in force. SEC. 1638. The repeal by the preceding section of any statute, in -repeals not to whole or in part, shall not affect any act done or any right accruing affect pending, etc., causes. or accrued or any suit or proceeding had or commenced in any civil cause before such repeal, but all rights and liabilities under the statutes or parts thereof so repealed shall continue and may be enforced in the same manner as if such repeal had not been made: Provided, That the provisions of this code relating to procedure or procedure, etc. practice and not affecting the substantial rights of parties shall apply to pending suits or proceedings civil or criminal. Acts of Congress effect of. SEC. 1639. The enactment of this code is not to affect or repeal any act of Congress which may be passed between the date of this act and the hereafter passed, date when this act is to go into effect; and all acts of Congress that may be passed hereafter are to have full effect as if passed after the enactment of this code, and, so far as such acts may vary from or conflict with any provision contained in this code, they are to have effect as subsequent statutes and as repealing any portion of this act inconsistent therewith. unaffected. SEC. 1640. Nothing in the repealing clause of this code contained Operation of shall be held to affect the operation or enforcement in the District of common law, etc., Columbia of the common law or of any British statute in force in Maryland on the twenty-seventh day of February, eighteen hundred and one, or of the principles of equity or admiralty, or of any general statute of the United States not locally inapplicable in the District of Columbia or by its terms applicable to the District of Columbia and to other places under the jurisdiction of the United States, or of any municipal ordinance or regulation, except in so far as the same may be inconsistent with, or is replaced by, some provision of this code. Prosecution SEC. 1641. All offenses committed and all penalties or forfeitures incurred in the District prior to the date on which this code is to take prior offenses. effect may be prosecuted and punished in the same manner and with the same effect as if this code had not been enacted. of Actions barred SEC. 1642. Where any action or proceeding by the provisions of chapter forty-one of this code would be barred at the time it goes into by limitation under chapter 41, etc. effect, or within one year thereafter, which would not be so barred by prior laws, such action or proceeding may be brought or instituted within such period of one year, anything in said chapter to the contrary notwithstanding. [March 3, 1901.] CHAP. 855.-An Act To extend the provisions of section eight of the Act entitled "An Act to repeal timber-culture laws, and for other purposes," approved March third, eighteen hundred and ninety-one, concerning prosecutions for cutting timber on public lands, to California, Oregon, and Washington. (1) March 3, 1901. 31 Stat. L., 1436. Timber depredations. -defense to ac cases. Be it enacted, &c., That section eight of the Act entitled "An Act to repeal timber-culture laws, and for other purposes," approved March tion in certain third, eighteen hundred and ninety-one, as amended by an Act approved 1891, Mar. 3, ch. March third, eighteen hundred and ninety-one, chapter five hundred and 559, § 8 (1 Supp. fifty-nine, page ten hundred and ninety-three, volume twenty-six, United R. S., 939); 1891, States Statutes at Large, be, and the same is hereby, amended as fol- Mar. 3, ch. 561, § lows: After the word "Nevada," in said amended Act, insert the words 1099); 1878, Apr. "California, Oregon, and Washington." [March 3, 1901.] 8 (26 Stat. L., 30, ch. 76; June 3, chs. 150, 151, § 4 NOTE.—(1) For a review of legislation affecting timber, depredations on the same, (1 Supp. R. S., 159, etc., see note to 1901, March 3, ch. 862, post, p. 1807. 166, 168); R. S., & 2461. |