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SEC. 2. Every executor or administrator shall have full power to maintain an action, where the cause of action survives, in any court of competent jurisdiction, in his name, as such executor or administrator, for any debt or personal demand, which the testator or intestate himself might have maintained, for the recovery of any property properly belonging to such executor or administrator, and for trespass or waste committed on the estate of the decedent in his lifetime.
SEC. 3. Any person or his personal representatives may maintain an action against the executor or administrator of any decedent for any debt or personal demand which might have been maintained against such decedent, and against the executor or administrator of any testator or intestate who in his lifetime shall have wasted, destroyed, taken, or carried away, or converted to his own use the goods and chattels of any such person, or committed any trespass or waste upon the real estate of such person.
SEC. 4. In actions brought by or against executors, it shall not be nccessary to join those as parties to whom letters shall have been issued, and who have not qualified.
SEC. 5. In any action by an executor or administrator, it shall not be necessary to make profert of his letters, nor shall his right to sue as such executor or administrator be questioned, unless the opposite party shall by affidavit deny such right; in which case a copy of such letters, duly authenticated, shall be evidence to establish such right. SEC. 6. If at any time any executor or administrator shall die, or resign, or be removed, and an action or proceeding be pending in any court, in which his name, in his fiduciary capacity, is used, such action or proceeding shall not abate or be discontinued, but the same shall be prosecuted or defended by the remaining executor or administrator, if there be one, or by his successor; the name of such survivor or successor being substituted in such action or proceeding instead of that of the executor or administrator whose authority has ceased; nor shall such action or proceeding be continued to another term, unless at the option of such survivor or successor.
SEC. 7. Any executor or administrator shall have power to prosecute any writ of error or appeal taken by the testator or intestate, or by his predecessor, and may have execution and other legal process issued on a judgment obtained by the testator or intestate, without further proceedings against, or notice to the judgment defendant.
SEC. 8. An executor of an executor shall have no authority to commence or maintain any action or proceeding relating to the estate or rights of the testator of the first executor, or to take control thereof as such executor.
SEC. 9. A non-resident executor or administrator duly appointed in any State or country may commence and prosecute any action in any court of this District, in his capacity of executor or administrator, in like manner and under like restrictions as a resident; and a copy of his letters, duly authenticated, being produced and filed in the court in which the action is brought, shall be sufficient evidence of his due appointment: provided, however, that he shall give security for costs as other non-residents.
SEC. 10. When a will is executed in another State or country and admitted to record in this District in pursuance of law, the executor, or administrator with the will annexed, and any trustee appointed by such will, or by any court of this District, to perform any duty or carry into effect any trust created by such will, shall have all the rights, powers, and authority, and shall be subject to the same liabilities respecting their respective duties and trusts, as executors, administrators with the will annexed, and trustees under wills duly executed and admitted to probate in this District, except where otherwise expressly provided.
SEC. 11. The court having jurisdiction of the subject-matter shall in all cases have the same jurisdiction and powers over the apppointment, filling vacancies, requiring sureties, and enforcing directions, and restraining the performance and execution of the duties and trusts of such executors, administrators with the will annexed, and trustees, as are given to such court respecting the same matters arising under wills duly executed and admitted to probate in this District.
SEC. 12. An executor or administrator may be sued upon his bond by any creditor, heir, legatee, or succeeding executor or administrator, co-executor or co-administrator of the same estate, for a violation of the duties of his trust.
SEC. 13. In an action against an executor or administrator the judgment shall determine the rights of the parties; but execution against such executor or administrator shall only issue for such sum as, in the due course of administration, shall appear to be the proper share of such judgment plaintiff. Such judgment shall not be a lien upon the property of the estate.
SECTION 1. When a widow is entitled to dower, and her right to dower is not disputed by the heirs or devisees, or any person claiming under them, or either of them, it may be assigned to her by the judge of the orphans' court, upon application of the widow, or any other person interested in the lands; notice of which application shall be given to such heirs, devisees, or other persons, in such manner as such judge shall direct.
SEC. 2. For the purpose of assigning such dower, the judge of the orphans' court shall issue his order to three discreet and disinterested persons, authorizing and requiring them to set off the dower by metes and bounds, when it can be done without injury to the whole estate.
SEC. 3. The said commissioners shall be sworn by a judge of any court of record faithfully to discharge their duties, and shall, as soon as may be, set off the dower according to the command of such order, and make return of their proceedings, with an account of their charges and expenses, in writing, to the orphans' court; and the same being accepted and recorded, and an attested copy thereof filed in the office of the recorder, the dower shall remain fixed and certain, unless such confirmation be set aside or reversed.
SEC. 4. When any woman is entitled to dower, and it is not set out to her by the heir or other tenant of the freehold to her satisfaction, nor assigned to her by the judge of the orphans' court according to the foregoing provisions of this chapter, she may recover the same by an action in the circuit court, in the manner hereinafter provided.
SEC. 5. The action shall be brought against the person who is tenant of the freehold at the time when it is commenced.
SEC. 6. If the demandant recovers judgment for her dower, tho
circuit court shall appoint three discreet and disinterested persons to act as commissioners, whose duty it shall be to set off the dower by metes and bounds, when it can be done without injury to the whole
SEC. 7. The commissioners shall be sworn by a judge of any court of record faithfully to discharge their duties, and shall, as soon as may be, set off the dower according to the order of the court, and make return of their proceedings, with an account of their charges and expenses, in writing, to the circuit court; and the same being accepted and recorded, and an attested copy thereof filed in the office of the recorder, the dower shall remain fixed and certain.
SEC. 8. When the estate out of which dower is to be assigned consists of any tenement which cannot be divided without damage to the whole, and in cases where the estate cannot be divided by metes and bounds, the judge of the orphans' court shall not assign dower, but the same may be assigned by the circuit court, or a sale of the premises ordered by said crcuit court as is provided in section thirty-five of chapter forty-nine.
SEC. 9. Where there are several tracts of land, entire dower may be assigned out of one or more of such tracts.
SECTION 1. Writs of mandamus and prohibition may issue from the circuit court.
SEC. 2. Writs of mandamus may be issued to any inferior tribunal, corporation, board, or person, to compel the performance of an act
which the law specifically enjoins, or a duty resulting from an office, trust, or station.
SEC. 3. The writ shall be issued upon an affidavit and motion, and made returnable as the court shall direct; and the person, body, or tribunal to whom the same shall be directed and delivered, shall make return, and for neglect to do so shall be proceeded against as for a contempt.
SEC. 4. The writ shall not issue where the applicant has a plain, speedy, and adequate remedy in the ordinary course of law.
SEC. 5. The first writ shall be in the alternative or peremptory, as the court shall direct.
SEC. 6. Whenever a return shall be made to any such writ, issues of law and fact may be joined, and like proceedings shall be had for the trial of issues and rendering judgment as in civil actions.
SEC. 7. If judgment be given for the applicant, he shall recover the damages which he shall have sustained, together with costs; and a peremptory mandamus shall be granted without delay.
SEC. 8. The writ shall be served in the same manner as a summons in a civil action, except when otherwise expressly directed by order of the court.
SEC. 9. The court shall have the same power to enlarge the time of making a return, and pleading to such writ, and for filing any subsequent pleadings, and to continue such cause, as in civil actions.
SEC. 10. Obedience to such writs may be enforced by attachment and fine, or imprisonment, or both.
SEC. 11. The writ of prohibition shall command the court and party to whom it shall be directed to refrain from any further proceedings in the matter therein specified, until the return of the writ and the further order of the court thereon; and upon the return to show cause why they shall not be absolutely restrained from any further proceedings in the matter. The court shall render judgment. either that a prohibition absolute, restraining the court and party from proceeding in the matter, do issue, or authorizing the court and party to proceed in the matter in question.
SEC. 12. Any judge of the circuit court shall have power, in vacation, to issue writs of prohibition and alternative writs of mandamus, and for good cause to rescind any such order made by himself previous to the next session of the court; and may, in case of disobedience to any such writ, proceed against the party as for a contempt.