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CHAPTER 120.

CAUSES OF ACTION THAT SURVIVE.
SECTION

SECTION

1. What actions do and what do not sur

2.

vive.

3. When death ensues an action may be maintained.

SECTION 1. All causes of action shall survive except where otherwise provided in this chapter.

SEC. 2. All causes of action for an injury to the person or reputation shall survive against the personal representatives of the person committing the injury in favor of the party injured. If such action be brought by the party injured in his lifetime, it shall survive also in favor of his personal representatives against the person committing the injury and his personal representatives. If it be not so brought, it shall not survive, except in the case mentioned in the following section.

SEC. 3. When the death of one is caused by the wrongful act or omission of another, the personal representatives of the former may maintain an action therefor against the latter and his personal representatives. Such action must be commenced within two years, and the damages recovered shall inure to the exclusive benefit of the widow and children, if any, of the deceased, to be distributed in the same manner as his personal property.

SECTION

1. Judgments may be assigned.

2. Payments before actual notice valid. 3. How execution shall issue.

CHAPTER 121.

OF THE ASSIGNMENT OF JUDGMENTS AND DECREES.

SECTION

4. How actions may be maintained by or against assignee.

SECTION 1. Judgments and decrees of a court of record for the recovery of money, and judgments obtained before a justice of the peace, may be assigned by the plaintiff or complainant, and the assignees thereof, successively, by an entry on the judgment docket; which assignment shall vest the title to such judgment or decree in each assignee thereof successively.

SEC. 2. Payments or satisfaction on such judgment or decree to the assignor shall be valid if made before actual notice of the assignment to judgment debtor, but not otherwise.

SEC. 3. In case of assignment, execution shall issue in the name of the original plaintiff or complainant, but shall be endorsed, by the clerk or justice, to be for the use of the assignee.

SEC. 4. Any action or proceeding on such judgment or decree which could have been had by or against the plaintiff or complainant, may be maintained by or against such assignee in his own name.

CHAPTER 122.

OF THE CHANGE OF NAMES OF PERSONS AND CORPORATIONS.

SECTION

!SECTION

1. Circuit court may change the names of resident persons or corporations.

3. Court, on proof of publication, may make the proper order.

2. Public notice to be given by applicant.

SECTION 1. The circuit court may change the names of persons and corporations on application by petition. The applicant, if a person, must be a resident within this District; and if a corporation, must have its principal office located therein.

SEC. 2. Upon a petition being filed for such change, the applicant shall give notice thereof, by at least four weekly publications in some newspaper published in Washington City, twenty days prior to the first day of the term at which such petition shall be heard.

SEC. 3. Upon proof of the publication required by this chapter, the court shall proceed to hear and determine such petition, and make such order therein as shall seem just and proper.

CHAPTER 123.

OF RENT, ITS RECOVERY AND APPORTIONMENT.

SECTION

6. Distress not void for subsequent irregularity.

7. Proceedings where rent is reserved otherwise than in money.

8. Apportionment of rent, hire, or money, in case of death of one interested.

SECTION

1. How rent may be recovered.

2. How warrant of distress may be obtained. 3. What may be distrained.

4. Upon what terms holder of a lien may remove goods subject to rent.

5. When officer may enter by force to levy a distress.

SECTION 1. Rent of every kind may be recovered by distress or by action. It may be recovered from the lessee or other person owing it, or his assignee, or the personal representatives of either. It shall not, however, be recovered from a mortgage not in possession, or a trustee not in interest, except by express agreement.

SEC. 2. Rent may be distrained for, within three years from the time it becomes due, and not afterwards, whether the lease be ended or not. The distress shall be made by the marshal or any constable, under a warrant from a justice of the peace, founded upon an affidavit of the person claiming the rent, or his agent, that the amount of money or other thing to be distrained for, (to be specified in the affidavit,) as he verily believes, is due to the claimant for rent reserved upon contract from the person from whom it is claimed.

SEC. 3. The distress may be levied upon any goods and chattels of the lessee, or his assignee or under-tenant, found on the premises, or which may have been removed therefrom not more than thirty days; but the goods and chattels of the under-tenant shall be liable only for rent becoming due after his under-tenancy commenced. If the goods and chattels of such lessee, assignee, or under-tenant, when carried on the premises, are subject to a lien which is valid against his creditors, his interest only in such goods and chattels shall be liable to distress. If any lien be created thereon while they are upon the leased or rented premises, they shall be liable to distress, but for not more than one year's rent, whether it shall have accrued before. or after the creation of the lien. No distress shall be levied on any goods and chattels exempt from execution; and no other goods and chattels shall be liable to distress than such as are declared to be so liable by this section.

SEC. 4. If, after the commencement of any tenancy, a lien be obtained or created by deed of trust, mortgage, or otherwise, upon the interest or property in goods and chattels on premises leased or rented, of any person liable for the rent, the party having such lien may remove said goods and chattels from the premises, if in other respects entitled so to do, upon his paying to the person entitled to the rent so much as is in arrear, and securing to him so much as is to become due, the whole amount paid and secured not being more, altogether, than a year's rent in any case. Nothing in this or the preceding section shall affect any lien for taxes.

SEC. 5. Any officer having such distress warrant, if there be need for it, may, in the day time, break open and enter into any house or close in which there may be goods liable to the distress; and may either in the day or night break open and enter into any house or close wherein there may be any goods so liable which have been fraudulently or clandestinely removed from the leased or rented premises.

SEC. 6. Where distress shall be made for rent justly due, and any irregularity or unlawful act shall be afterwards done by the party distraining or his agent, the distress shall not be deemed to be unlawful, nor the party making it be therefore deemed a trespasser from the beginning; but the party aggrieved by such irregularity or unlawful act may, by action, recover full satisfaction for the special damage he shall have sustained thereby.

SEC. 7. Where goods are distrained for rent reserved in a share of the crop, or in any other thing than money, the claimant of the rent having given the tenant ten days' notice, or if the tenant be out of this District, having set up the notice in some conspicuous place on the premises, may apply to the circuit court; and said court having ascertained the value, either by its own judgment, or, if either party require it, by the verdict of a jury empanneled without pleading, may order the goods distrained to be sold, to pay the amount so ascertained.

SEC. 8. On the determination by death or otherwise of the estate or other thing, from or in respect of which any rent, hire, or money coming due at fixed periods, issues, or is derived, or on the death of any person interested in such rent, hire, or money, the person or the personal representative or assignee of the person who would have been entitled but for such death or determination to the rent, hire, or money coming due at any such period, shall have a proportion thereof, according to the time which shall have elapsed of the time for which the said rent, hire, or other money was growing due, including the day of such death or determination, deducting a proportional part of the charges. For the recovering of such proportion, the said person, representative, or assignee shall, after such fixed period, have such remedies as he would have had for recovering the whole of such rent, hire, or other money, if entitled thereto.

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SECTION 1. The following acts or omissions shall be deemed contempts:

1. Disorderly, contemptuous, or insolent behavior towards the court, or any judge thereof whilst holding court, or whilst engaged in judicial duties at chambers, tending to interrupt the due course of a trial or other judicial proceeding.

2. A breach of the peace, boisterous conduct, or violent disturbance in presence of the court or its immediate vicinity, tending to interrupt the due course of a trial or other judicial proceeding.

3. Disobedience of, or resistance to, any lawful writ, order, rule, or process issued by the court, or judge at chambers.

4. Disobedience of a subpoena duly served, or refusal to be sworn as a witness, or to subscribe an affidavit or deposition when required.

5. Rescuing any person or property, in the custody of any officer by virtue of an order or process of the court, or judge at chambers. 6. Any other act or omission specifically declared by statute to be a contempt.

SEC. 2. When a contempt is committed in the immediate view and presence of the court, or judge at chambers, it may be punished summarily; for which an order shall be made, reciting the facts as occurring in such immediate view and presence, adjudging that the person proceeded against is thereby guilty of a contempt, and that he be punished as therein prescribed. When the contempt is not committed in the immediate presence of the court, or judge at chambers, an affidavit shall be presented to the court or judge of the facts constituting the contempt.

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