Εικόνες σελίδας
PDF
Ηλεκτρ. έκδοση

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

and duties possessed, exercised, and performed by the district judges of

powers

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.
CAAPTER 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.

CHAPTER 80.

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

SECTION 1. Distinction between forms of action and

13. Parties to be plaintiffs or defendants, sebetween actions at law and suits in

cording to interest. equity abolished.

14. When one person or more may sue or 2. Designation of parties.

defend for the benefit of many. 3. Actions; how commenced.

15. Parties severally liable, may be incloded

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

16. When an action shall not abate. 5. What parties may bring actions, without 17. When the court may decide the con

joining the person beneficially inter- troversy, or order other parties to be ested.

brought in. 6. Representatives may bring actions and

18. Persons having an interest may, on an defend the same, when they survive.

plication, be made parties. 7. Regulations respecting a married wo.

19. When a party may substitute another in 8. man, when she is a party.

his place. 9.

20. When an unmarried female may bring Rules when an infant is a party. 10.

an action for seduction. 11. Parties in interest must join as plaintiffs.

21. When father, or mother, may bring so 12. Who may be made a defendant.

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.

Sec. 3. Every action shall be prosecuted in the name of the real party in interest, except as otherwise provided in this chapter; but this section shall not be deemed to authorize the assignment of a thing in action not arising out of contract.

Sec. 4. In the case of an assignment of a thing in action, the action by the assignee shall be without prejudice to any set-off or other defence existing before notice of the assignment; but this section shall not apply to a negotiable promissory note or bill of exchange, transferred, in good faith and upon valuable consideration, before due.

Sec. 5. An executor, administrator, guardian, trustee of an express trust, a person with whom or in whose name a contract is made for the benefit of another, or a person expressly authorized by statute, may bring an action without joining with him the person for whose benefit it is prosecuted. It shall not be necessary to make an insane person a joint party with his guardian or committee, except as may be required by statute.

Sec. 6. In all cases where actions survive, they may be commenced by or against the representatives of the deceased, to whom the interest of the subject-matter of the action has passed.

Sec. 7. When a married woman is a party, her husband must be joined with her; except

First. When the action concerns her separate property, she may sue alone.

Second. When the action is between herself and her husband, she may sue and be sued alone; but when her husband cannot be joined with her, as is herein provided, and she is an infant under twenty-one years of age, she shall prosecute and defend by her next friend.

Sec. 8. If a husband and wife be sued together, the wife may defend in her own right; and if the husband neglect to defend, she may defend in his right also.

Sec. 9. The action of an infant must be brought by his guardian or next friend. When the action is brought by his next friend, the court shall have power to dismiss it, if it is not for the benefit of the infant, or to substitute the guardian of the infant, or any person as the next friend.

Sec. 10. The defence of an infant shall be by guardian for the suit, who may be appointed by the court in which the action is prosecuted. The appointment may be made upon the application of the infant, if he be of the age of fourteen years, and apply within fifteen days after the return of the summons. If he be under the age of fourteen, or neglect so to apply, the appointment may be made upon the application of any friend of the infant, or on that of the plaintiff in the action.

Sec. 11. All persons having an interest in the subject of the action and in obtaining the relief demanded, shall be joined as plaintiffs, except as otherwise provided in this chapter.

Sec. 12. Any person may be made a defendant who has or claims an interest in the controversy adverse to the plaintiff, or who is a necessary party to a complete determination or settlement of the questions involved therein.

Sec. 13. Of the parties to the action, those who are united in interest shall be joined as plaintiffs or defendants; but if the consent of one who should have been joined as plaintiff cannot be obtained, he may be made a defendant, the reason being stated in the complaint.

Sec. 14. When the question is one of common or general interest of many persons, or when the parties are very numerous and it may be impracticable to bring them all before the court, one or more may sue or defend for the benefit of all.

Sec. 15. Persons severally and immediately liable upon the same obligation or instrument, including the parties to bills of exchange and promissory notes, may all or any of them be included in the same action, at the option of the plaintiff.

Sec. 16. No action shall abate by the death, marriage, or other disability of a party, or by the transfer of any interest therein during its pendency, if the cause of action survive or continue. In the case of the marriage of a female party, the fact being suggested on the record, the husband may be made a party with his wife ; and in case of the death or other disability of a party, the court may allow the action to be continued by or against his representative or successor in interest. In case of any other transfer of interest, the action may be continued in the name of the original party, or the court may allow the person to whom the transfer is made to be substituted in the action.

Sec. 17. The court may determine any controversy between parties before it, when it can be done without prejudice to the rights of others, or by saving their rights; but when a complete determination of the

« ΠροηγούμενηΣυνέχεια »