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SEC. 19. The orphans' court shall be held in the city of Washington on the first Monday of each month in every year, and at such other times, for the transaction of business, as the judge thereof may appoint.

SEC. 20. When the judge of the orphans' court is not present at the time and place appointed for holding said court, whether at the beginning of a term or at any adjournment, the register of wills shall adjourn it until the next regular day for holding the same.

SEC. 21. All process issuing from the orphans' court shall be tested in the name of the judge of said court.

SEC. 22. The orphans' court shall have authority to punish by fine and imprisonment, or either, all contempts of its authority and process.

SEC. 23. The judge of the orphans' court shall receive an annual salary of two thousand five hundred dollars, and shall be paid in quarterly payments out of the treasury of the United States, and in the same proportion for any part of a quarter.

CHAPTER 78.

OF THE REGISTER OF WILLS.

SECTION

1. The present register to continue in office. 2. The register to give bond and take an oath.

3. Register may appoint deputies, and
4. S
take from them bond.

5. Process to be issued in name of register.

6.

7.

The duties and powers of register.

8.

SECTION

9. The judge of orphans' court shall examine records in register's office.

10. Alphabetical index to be provided for each record book.

11. Register may administer oaths, and issue citations.

12. When he may act as judge.

SECTION 1. The present register of wills shall continue to hold his office, according to the tenor of his commission; and as a vacancy occurs, the orphans' court shall appoint a proper person to be register of wills, to serve as such during the pleasure of said court.

SEC. 2. Every person who shall be appointed register of wills, shall, before entering upon the duties of his office, give bond to the United States, to be approved by the judge of the orphans' court, in

a sum not less than eight thousand dollars, with two sufficient sureties, with condition for the faithful discharge of the duties of his office. He shall also be sworn to the faithful discharge of the duties of his office, which oath shall be administered by the judge of the orphans' court.

SEC. 3. The register of wills may appoint one or more deputies, who, except where otherwise provided, shall have the same power as their principal. The appointment shall be in writing, and signed by such register, and filed in the office of the recorder; he may revoke the appointment of any deputy, at will, by writing filed in the same office. Each deputy, before entering upon his duties, shall take an oath of office, which shall be endorsed on his appointment.

SEC. 4. Such register may take from each of his deputies a bond, with sureties, for the faithful performance of his duties; but the register and his sureties on his official bond shall be liable for all the official acts of each deputy.

SEC. 5. All process issued by any deputy register shall be issued in the name of the principal.

SEC. 6. Such register shall attend every sitting of the orphans' court. He shall keep his office in the building provided for that purpose, where he shall attend daily, and shall take charge of and safely keep, or dispose of according to law, all books, papers, and records, which may be filed or deposited in his office.

SEC. 7. The register shall record the proceedings of the orphans' court; shall endorse under his hand on all writings required to be filed in his office, the time of filing thereof; shall issue all process required to be issued from the orphans' court; shall keep such dockets and other books of record as may be required by law, or by the rules of the court; and shall record in books to be kept for that purpose, under the direction of the court, all orders, judgments, and decrees of said court, and also all wills proved in said court, with the probate thereof, all letters testamentary and of administration, returns, reports, accounts, and all bonds, and such other acts and proceedings as he shall, by the rules of said court, or by any special order of the judge thereof, be required to record.

SEC. 8. The provisions of sections ten, eleven, twelve, and fourteen, of chapter seventy-six, shall apply to the register of wills, as well as the clerk of the circuit court.

SEC. 9. The judge of the orphans' court shall, at least once in every year, examine the register's office, and enter on record the manner in which the books, records, and papers thereof are kept.

SEC. 10. The register shall have a proper alphabetical index to each record book in his office.

SEC. 11. Unless otherwise specially prescribed, the register shall have power to administer all oaths necessary and proper to be taken touching any matter pending in the orphans' court, or in any manner connected with any proceedings of which such court has jurisdiction; and he shall have power to issue citations and summonses upon the application of any party, without the order of the judge, except in those cases in which such order is specially required by law for the issuing of a citation or summons.

SEC. 12. In case of the disability or absence from this District of the judge of the orphans' court, the register of wills shall have authority to proceed in any matter depending in said court as fully as the said judge himself might do were he present and able to act.

CHAPTER 79.

OF THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF COLUMBIA.

SECTION

1. Of the powers and jurisdiction of the district court.

2. Who shall hold the district court, and when.

SECTION

3. Who shall hold the district court in case of sickness or disability of judge.

4. Judge may sit in appeal upon his own decision.

SECTION 1. There shall be and hereby is continued a court in this District to be called the district court of the United States for the District of Columbia, which court shall have and exercise within this District the same powers and jurisdiction which are by law vested in the district courts of the United States, except where it is otherwise expressly provided.

SEC. 2. The chief judge of the circuit court of this District shall hold a district court of the United States in and for this District on the first Mondays in June and December in every year, and shall have, exercise, and perform within this District all the powers and duties possessed, exercised, and performed by the district judges of

the United States within their respective districts, except where it is otherwise expressly provided.

SEC. 3. In case of the sickness or other disability of the judge of the district court of the United States for this District, which shall prevent him from holding any stated or appointed term of the district court, upon the fact of such sickness or other disability being certified by the clerk of said district court to the assistant judges of the circuit court of this District, it shall be the duty of the senior assistant judge of said court to hold the district court, and discharge all the judicial duties of the district judge who shall be sick or otherwise disabled, so long as such sickness or disability shall continue. In case of the sickness or other disability of said senior assistant judge, the same duty shall devolve on the junior assistant judge of said circuit court. The acts and proceedings in said district court, by or before either of the said assistant judges so required to hold said district court, shall have the same force, effect, and validity as if done and transacted by and before the district judge of said district court.

SEC. 4. The associate judge holding the district court shall be empowered to sit in the circuit court in any case of appeal or of error from his own decision in said district court in the same manner as if said district court had not been held by him.

TITLE II.

Of the proceedings in civil cases in the circuit court of the District of Columbia.

CHAPTER 80. Of the forms of civil actions, and of the parties thereto.

CHAPTER 81. Of the manner of commencing civil actions.

CHAPTER 82. Of the pleadings in civil actions.

CHAPTER 83. Claim and delivery of personal property.

CHAPTER 84. Of injunctions.

CHAPTER 85. Of attachments.

CHAPTER 86. Of receivers and deposit in court.

CHAPTER 87. Of issues.

CHAPTER 88. Of trial by jury.

CHAPTER 89. Of trial by the court.

CHAPTER 90. Of trial by referees.
CHAPTER 91. Of exceptions.
CHAPTER 92. Of new trial.
CHAPTER 93. Of judgments.

CHAPTER 94. Of executions.

CHAPTER 95. Of proceedings supplementary to execution.
CHAPTER 96. Of commissioner to convey real estate.

CHAPTER 97. Of the limitation of actions.

CHAPTER 98. Of costs.

CHAPTER 99. Of proceedings to review judgments.
CHAPTER 100. Of appeals.

SECTION

1. Distinction between forms of action and between actions at law and suits in equity abolished.

2. Designation of parties.

3. Actions; how commenced.

7.

8.

CHAPTER 80.

4. Assignment of thing in action, not to prejudice defence.

5. What parties may bring actions, without joining the person beneficially interested.

9.

OF THE FORMS OF CIVIL ACTIONS, AND THE PARTIES THERETO.

SECTION

13. Parties to be plaintiffs or defendants, according to interest.

6. Representatives may bring actions and defend the same, when they survive. Regulations respecting a married wo man, when she is a party.

10.

} R

Rules when an infant is a party.

11. Parties in interest must join as plaintiffs. 12. Who may be made a defendant.

14. When one person or more may sue or defend for the benefit of many.

15. Parties severally liable, may be included in an action.

16. When an action shall not abate.

17. When the court may decide the controversy, or order other parties to be brought in.

18. Persons having an interest may, on application, be made parties.

19. When a party may substitute another in his place.

20. When an unmarried female may bring an action for seduction.

21. When father, or mother, may bring an action for seduction.

SECTION 1. The distinction between actions at law and suits in equity, and the forms of all such actions and suits heretofore existing, are abolished; and there shall be in this District hereafter but one form of action for the enforcement or protection of private rights and the redress of private wrongs, which shall be denominated a civil action.

SEC. 2. In such action, the party complaining shall be known as the plaintiff, and the adverse party as the defendant.

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