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CHAPTER 39—SMALL CLAIMS AND CONCILIATION PROCEDURE IN COURT OF GENERAL SESSIONS Sre.

16-3901. Practice; applicabilltj- of other laws and rules of court 16-3902. Coiumencemeut of action; form of statement; preparation by clerk; notice and service; costs; default; memorandum to plaintiff. 16-3908. Fees and costs; waiver. 16-3904. Set-off or counterclaim; pleading; retention of jurisdiction. 16-3905. Jury trial; demand; assignment to regular branch. 16-8906. Pre-trial settlement; trial; procedure; default; dismissal or nonsuit; other disposition. 16-3907. Judgment; stay; installment payments; enforcement. 16-3908. Judgment for wages; oral examination; payment. 16-3909. Award of costs. 16-3910. Other rights of Judgment creditor.

§ 16-^901. Practice; applicability of other laws and rules of court All provisions of law relating to the District of Columbia Court of General Sessions and the rules of court apply to the practice in the Small Claims and Conciliation Branch of the court as far as they may be made applicable and are not in conflict with this chapter or chapter 13 of Title 11, or with the rules prescribed pursuant to section 13-101 (c). In case of conflict, this chapter and chapter 13 of Title 11 and the rules so prescribed control. §16-3902. Commencement of action; form of statement; preparation by clerk; notice and service; costs; default; memorandum to plaintiff (a) Actions shall be commenced in the Small Claims and Conciliation Branch of the District of Columbia Court of General Sessions by the filing of a statement of claim, in concise form and free of technicalities. The plaintiflp or his agent shall verify the statement of claim by oath or affirmation in the form herein provided, or its equivalent, and shall affix his signature thereto. The clerk of the Branch shall, at the request of an individual, prepare the statement of claim and other papers required to be filed in an action in the Branch, but his services are not available to a corporation, partnership, or association, in the preparation of the statements or other papers. A copy of the statement of claim and verification shall be made a part of the notice to be served upon the defendant named therein. The mode of service shall be by the United States marshal, as provided by law, or by registered mail or by certified mail with return receipt, or by a person not a party to or otnerwise interested in the action especially appointed by the judge for that purpose. (b) When notice is to be served by registered mail or by certified mail, the clerk shall inclose a copy of the statement of claim, verification, and notice in an envelope addressed to the defendant, prepay the postage with funds obtained from plaintiff, and mail the papers forthwith, noting on the records the day and hour of mailing. When the receipt is returned, the clerk shall attach it to the original statement of claim, and it constitutes prima facie evidence of service upon the defendant. (c) When notice is served by a private individual, as provided by subsection (a) of this section, he shall make proof of service by affidavit before the clerk, showing the time and place of the service. (d) When notice is served by the marshal, or by registered mail or by certified mail, the actual cost of service is taxable as costs. When notice is served by an individual, the cost of service, if any, is not taxable as costs. (e) The statement of claim, verification, and notice shall be in the following or equivalent form:

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DISTKICT OF COLUMBIA COURT OF GENERAL SESSIONS SMALL CLAIMS AND CONCTLIAHON BRANCH

(Location of room in courthouse) Washington, D.C.

(Address of court)

Plaintiff Address vs.

No.

Defendant STATEMENT OF CLAIIC

(Here the plaintiff, or at his request the clerk, will insert a statement of the plaintiff's claim, and the original^ to be filed with the (ilerk, may, if action is on a contract, express or implied, be verified by the plaintiff or his agent, as follows:) DisTRicrr OF COLUMBIA, SS: being first duly sworn on oath says the foregoing is a just and true statement of the amount owing by defendant to plaintiff, exclusive of all set-offs and just grouncb of defense. Subscribed and sworn to before me this 19.

Plaintiff (or agent) day of , Clerk (or notary public)

NoncB To: Defendant Home address Business address You are hereby notified that has made a claim and is requesting judgment against you in the sum of 1 dollars ($ ), as shown by ttie foregoing statement. The Court will hold a hearing upon this claim on ——I at m. in the Small Claims and Conciliation Branch (address of Court). You are required to be present at the hearing in order to avoid a judgment by default. If you have witnesses, books, receipts, or other writings bearing on this claim, you should bring them with you at the time of the hearing. If you wish to have witnesses summoned, see the clerk at once for assistance. If you admit the claim, but desire additional time to pay, you must come to the hearing in person and state the circumstances to the court. You may come with or without an attorney. [SSAL] ——•— Clerk of the Small Claims and Conciliation Branch, Court of General Sessions. 93-025 0 - 6 4 - 4 1

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(f) The foregoing verification entitles the plaintiff to a judgment by default, without further proof, upon failure of defendant to appear, if the claim of the plaintiff is for a liquidated amount. If the amount is unliquidated, the plaintiff shall be required to present proof of his claim. (g) The clerk shall furnish the plaintiff with a memorandum of the day and hour set for the hearing, not less than 5 nor more than 15 days from the date of the filing of the action. Where, in a case controlled by another statute, a greater or lesser time for hearing is specified by the other statute, that specified time is controlling. All actions filed in the Branch shall be made returnable therein. § 16-3903. Fees and costs; waiver The fee for issuing summons and copies, trial, judgment, and satisfaction in an action in the Small Claims and Conciliation Branch of the District of Columbia Court of General Sessions shall be not more than $1. Other fees shall be as the court prescribes. The judge sitting in the Branch may waive the prepayment of costs or the payment of costs accruing during the action upon the sworn statement of the plaintiff or upon other satisfactory evidence of his inability to pay the costs. When costs are so waived the notation to be made on the records of the Branch shall be "Prepayment of costs waived," or "Costs waived." The term "pauper" or "in forma pauperis" may not be employed in the Branch. If a party fails to pay accrued costs, though able to do so, the judge may deny him the right to file a new case in the Branch while the costs remain unpaid, and likewise deny him the right to proceed further in any case pending in the Branch. § 16-3904. Set-off or counterclaim; p l e a d i n g; retention of jurisdiction I f the defendant, in an action pursuant to this chapter, asserts a setoff or counterclaim, the judge may require a formal plea of set-off to be filed, or may waive the requirement. If the plaintiff requires time to prepare his defense against the counterclaim or set-off, the judge may continue the case for that purpose. When the set-off or counterclaim is for more than the jurisdictional limit of the Small Claims and Conciliation Branch as provided by section 11-1341 but within the jurisdictional limit of the court as provided by section 11-961, the action shall nevertheless remain in the Branch and be tried therein in its entirety. § 16-3905. Jury trial; demand; assignment to regular branch I n a case filed or pending in the Small Claims and Conciliation Branch of the District of Columbia Court of General Sessions in which a party entitled to a trial by jury files a demand therefor, the case shall be assigned to and tried in the regular branch of the civil division of the Court under the procedure provided for jury trials. § 16-3906. Pre-trial settlement; t r i a l; p r o c e d u r e; d e f a u l t; dismissal or nonsuit; other disposition (a) On the return day specified by subsection (g) of section 16-3902, or at such later time as the judge sets, the trial shall be had. Immediately prior to the trial of a case pursuant to this chapter, the judge shall make an earnest effort to settle the controversy by conciliation. I f he fails to induce the parties to settle their differences without a trial, he shall proceed with the hearing on the merits pursuant to subsection (b) of this section. (b) The parties and witnesses shall be sworn. The judge shall conduct the trial in such manner as to do substantial justice netween the parties according to the rules of substantive law, and is not bound by the statutory provisions or rules of practice, procedure, pleading, or evidence, except provisions relating to privileged communications.

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(c) I f the defendant fails to appear, judgment shall be entered for the plaintiff by default as provided by section 16-3902(f), or under rules of court, or on ex-parte proof. If the plaintiff fails to appear, the action may be dismissed for want of prosecution, or a nonsuit may be ordered, or defendant may proceed to a trial on the merits, or the case may be continued or returned to the files for further proceedings on a later date, as the judge directs. I f both parties fail to appear, the judge may return the case to the files, or order the action dismissed for want of prosecution, or make any other just and proper disposition thereof, as justice requires. § 16-3907. Judgment; stay; installment payments; enforcement Wlien judgment is to be rendered in an action pursuant to this chapter and the party against whom it is to be entered requests it, the judge shall inquire fully into his earnings and financial status and may stay the entry of judgment, and stay execution, except in cases involving wage claims, and order partial payments in such amounts, over such periods, and upon such terms, as seems just in the circumstances and as will assure a definite and steady reduction of the judgment until it is finally and completely satisfiea. Upon a showing that the party has failed to meet an instalment payment without just excuse, the stay of execution shall be vacated. When a stay of execution has not been ordered or when a stay of execution has been vacated as provided by this section, the party in whose favor the judgment has been entered may avail himself of all remedies otherwise available in the District of Columbia Court of General Sessions for the enforcement of the judgment. § 16-3908. Judgment for wages; oral examination; payment When a judgment rendered in an action pursuant to this chapter is founded in whole or in part on a claim for wages or personal services, the judge shall, upon motion of the party obtaining judgment, order the appearance of the party against whom the judgment has been entered, but not more often than once each week for four weeks, for oral examination under oath as to his financial status and his ability to pay the judgment, and the judge shall make such supplementary orders as seems just and proper to effectuate the payment of the judgment upon reasonable terms. § 16-3909. Award of costs I n an action pursuant to this chapter, the award of costs is in the discretion of the judge, who may include therein the reasonable cost of bonds and undertakings, and other reasonable expenses incident to the action, incurred by either party. § 16-3910. Other rights of judgment creditor Except as otherwise provided by this chapter, or in the rules prescribed pursuant to section 13-101 (c), a party obtaining a judgment in the Small Claims and Conciliation Branch of the District of Columbia Court of General Sessions is entitled to the same remedies, processes, costs, and benefits as are given or inure to other judgment creditors in the court. CHAPTER 41—SURETIES See. 16-4101. Relief from suretyship; counter security, or bond; removal of officer or fiduciary from office. 16-4102. Subrogation of surety satisfying judgment.

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§16-4101. Relief from suretyship; counter security, or bond; removal of officer or fiduciary from office When the surety, or his personal representatives, of an officer, commissioner, receiver, or trustee appointed under a decree of couit and required to give bond apprehends himself to be in danger of suffering from the suretyship, and petitions the court to be relieved from the suretyship, or that the court require the officer, commissioner, receiver, or trustee to give counter security, the court may, on reasonable notice to the trustee or other officer, require him to give counter security or to give a new bond in the same manner as if none had been given by him. If he fails to do so by a day named, the court may remove him from his office or trust and appoint a new trustee or other officer in his stead to complete the duties of his office or trust, and may thereupon, order him to deliver over to his successor all the trust property, including moneys, books, papers, bonds, notes, and evidences of debt, and may compel compliance with the order by attachment. § 16-4102. Subrogation of s u r e t y s a t i s f s i n g j u d g m e n t Where a person recovers a judgment or money decree against the principal debtor and a surety or indorser, and the judgment is satisfied by the surety or indorser, the latter may have the judgment or money decree entered by the clerk to his use and have execution in his own name against the principal, and where a judgment or money decree is rendered against several sureties and one of tnem satisfies the whole debt, the surety satisfying the judgment may have the judgment or decree entered to his use, have execution against each of the other sureties in the judgment or decree for a proportionate part of the debt so paid by him. On the motion of the surety so paying the entire debt and notice to the other sureties, the court may determine for what amount execution shall issue against each of the other sureties.

TITLE 17—REVIEW CHAPTBB 1. UNITED STATES GOUKT OF APPEALS FOB THE DISTBICT OF COLUMBIA

CiBourr

Sec.

17-101 8. DISTBICT OF COLUMBIA COUET OF APPEALS 17-301 CHAPTER l — UNITED STATES COURT OF A P P E A L S FOR THE DISTRICT OF COLUMBIA CIRCUIT S«e. 17-101. Appeal from District of Columbia Court of Appeals; filing, form and contents of petition. 17-102. Procedure, generally, on appeal from District of Columbia Court of Appeals; record; rules of court. 17-103. Time for petitioning for allowance of appeal from District of Columbia Court of Appeals. 17-104. Determination of appeal from District of Columbia Court of Appeals. §17-101. Appeal from District of Columbia Court of Appeals; filing, form and contents of petition The petition for the allowance of an appeal from a judgment of the District of Columbia Court of Appeals shall be in writing and shall be filed with the clerk of the United States Court of Appeals for the District of Columbia Circuit. The contents of the petition shall conform with requirements that the United States Court of Appeals prescribes by rule. § 17-102. Procedure, generally, on appeal from District of Columbia Court of Appeals; record; rules of court The United States Court of Appeals for the District of Columbia Circuit may prescribe rules governing the: (1) practice and procedure on petitions specified by section 17-101; and

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(2) preparation of, and time for filing, the transcript of the record in such cases— and may generally regulate all matters relating to appeals in such cases. § 17-103. Time for petitioning for allowance of appeal from District of Columbia Court of Appeals Petitions for the allowance of appeals from judgments of the District of Columbia Court of Appeals shall, in each case, be filed, as provided by this chapter, within ten days after entry of the judgment from which an appeal is desired. §17-104. Determination of appeal from District of Columbia Court of Appeals If the United States Court of Appeals for the District of Columbia Circuit allows an appeal pursuant to section 11-321 and this chapter, it shall review the record on appeal, and shall affirm, modify, vacate, set aside, or reverse the judgment, and may remand the cause and direct the entry of such appropriate judgment or order, or require such further proceedings to be had, as is just in the circumstances. CHAPTER 3—DISTRICT OF COLUMBIA COURT OF APPEALS Sec

17-301. Applications for allowance of appeals from certain Court of General Sessions Judgments; hearing; effect of denial. 17-302. Regulations of appeals; record; costs. 17-303. Appeals from administrative orders and decisions; petition; record; procedure. 17-304. Stay upon application for review of, or pending appeal from, administrative order or decision. 17-305. Scope of review. 17-306. Determination of appeals. 17-307. Time for taking or applying for allowance of appeals.

§ 17-301. Applications for allowance of appeals from certain Court of General Sessions judgments; hearing; effect of denial (a) The application for the allowance of an appeal from a judgment of the Small Claims and Conciliation Branch of the District of Columbia Court of General Sessions, or from a judgment of the criminal division of that court where the penalty imposed is less than $50, provided for by section 11-741 (c), shall be on a standard form, in simple language, prescribed by the Court of General Sessions. If the appellant is not represented by counsel, the clerk of the Court of General Sessions shall prepare the application in his behalf. (b) The application provided for b^ subsection (a) of this section shall be filed in the District of Columbia Court of Appeals within the time limit prescribed by section 17-307 (b), and shall be promptly presented by the clerk of that court to the chief judge and the associate judges thereof for their consideration. When any one of them is of the opinion that the appeal should be allowed, the appeal shall be recorded as granted, and the case set down for hearing on appeal. I t shall be given a preferred status on the calendar, and heard in the same manner as other appeals in the court. When all the judges are of the opinion that an appeal should be denied, the denial shall stand as an affirmance of the judgment of the trial court, and there shall be no further appeal. §17-302. Regulation of appeals; record; costs The District of Columbia Court of Appeals may regulate, generally, all matters relating to appeals, whether in the District of Columbia Court of Appeals or in the court below. It may prescribe by rules what

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part of the proceedings in the court below shall constitute the record on appeal, and may require that the original papers, instead of copies thereof, be sent to it. It may not require that the record or briefs on appeal be printed. If they are printed, the cost of printing may not be taxed as costs in the case. § 17-303. Appeals from administrative orders and decisions; petition; record; procedure (a) An appeal from an order or decision of an administrative agency, as provided for by section 11-742, is commenced by filing in the District of Columbia Court of Appeals, within the time prescribed pursuant to section 17-307(a), the written petition for review provided by section 11-742 (c). Upon the filing of the petition, the clerk of the court shall forthwith, by mail, serve a copy thereof upon the agency affected by the petition. After receipt of the copy of the petition, the agency shall certify and file in the court the original papers comprising the record or any supplementary record, or certified copies of the papers. Upon the filing of the papers, the clerk shall immediately notify the petitioner of the filing. (b) The District of Columbia Court of Appeals may by rule prescribe: (1) the form and contents of the petition provided for by this section; and (2) the time within which the agency affected by the petition shall certify and file the original papers or certified copies thereof as provided by this section— and regulate generally all matters relating to proceedings on an appeal referred to in this section. § 17-304. Stay upon application for review of, or pending appeal from, administrative order or decision (a) An application for review, or pendency of an appeal, provided for by section 17-303, does not operate as a stay of the order or decision from which the appeal is taken: (1) in any case where, under existing law, a stay may not be granted; or (2) in any other case unless so ordered by the Board of Commissioners of the District of Columbia, or by the District of Columbia Court of Appeals as provided by subsection (b) of this section. (b) For good cause shown, and upon such conditions as may be required and to the extent necessary to prevent irreparable injury, the court may take appropriate and necessary action to preserve the status or rights pending conclusion of the review proceedings provided for by section 17-303. §17-305. Scope of review (a) In considering an order or judgment of a lower court or any of its branches, brought before it for review, the District of Columbia Court of Appeals shall review the record on appeal. When the issues of fact were tried by jury, the court shall review the case only as to matters of law. When the case was tried without a jury, the court may review both as to the facts and the law, but the judgment may not be set aside except for errors of law unless it appears that the judgment is plainly wrong or without evidence to support it. (b) The District of Columbia Court of Appeals shall hear and determine appeals from orders or decisions of administrative agencies upon the record of proceedings before the appropriate agency to be certified to the court under rules or instructions as the court from time to time prescribes. In such cases, it shall limit its review to those issues

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of law or fact that are subject to review on appeal under applicable provisions of existing law. If there is no statutory limitation, the court shall determine the appeal by rules of law which define the scope and limitations of review of administrative proceedings. Under the rules, by way of elaboration and not limitation, the court may: (1) as far as necessary to decision and where presented to decide all relevant questions of law, interpret constitutional and statutory provisions, and determine the meaning or applicability of the terms of any agency action; and (2) hold unlawful and set aside agency action findings and coiiclnsions found to be: I (A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (B) contrary to constitutional right, power, privilege, or immunity; (C) in excess of statutory jurisdiction, authority, or limitation, or short of statutory right; (D) without observance of procedure required by law; (E) unsupported by substantial evidence or facts in the record of the proceedings before the court; or (F) unwarranted by the facts. In making the determinations as provided by this subsection, the court shall take account of prejudicial error. § 17-306. Determination of appeals The District of Columbia Court of Appeals may affirm, modify, vacate, set aside or reverse any order or judgment of a court or any branch thereof, or any order or decision of an administration agency, lawfully brought before it for review, and may remand the cause and direct the entry of such appropriate order, judgment, or decision, or require such further proceedings to be had, as is ]ust in the circumstances. § 17-307. Time for taking or applying for allowance of appeals (a) Except as provided by subsection (b) of this section, the time during which an appeal may be taken pursuant to section 11-741 or 11-742 may be fixed by rules of the District of Columbia Court of Appeals. (b) Applications for the allowance of appeals from judgments of the Small Claims and Conciliation Branch of the District of Columbia Court of General Sessions, and from judgments in the criminal division of that court where the penalty imposed is less than $50, specified by section 11-741 (c), shall, in each case, be filed in the District of Columbia Court of Appeals within three days from the date of judgment. i

SEC. 2. The seventh sentence of section 38 of the Act of February 27, 1929 (ch. 352, 45 Stat. 1338; D.C. Code, 1961 ed., sec. ^129), as amended by section 32(b) of the Act of June 25, 1948, and by section 127 of the Act of May 24, 1949 (ch. 139, 63 Stat. 107), is amended to read as follows: "On the petition of an applicant to whom a license or registration has been denied by the commission by virtue of this section, the action of the commission may be reviewed by the District of Columbia Court of Appeals in the manner provided by sections 11-742,17-303,17-304, 17-305 (b), 17-306 and 17-307 of the District of Columbia Code." SEC. 3. Section 7 of the Act of March 2, 1929 (ch. 640, 45 Stat. 1520; D.C. Code, 1961 ed., sec. 2-406). as amended by section 32(b) of the Act of June 25, 1948, and by section 127 of the Act of May 24, 1949, is amended (1) by striking out the colon preceding the second

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proviso, and in lieu thereof inserting a period; and (2) by striking out the second proviso and in lieu thereof inserting the following: "On the petition of an applicant to whom registration or reregistration has Deen denied by the nurses' examining board, the action of the board may be reviewed by the District of Columbia Court of Appeals in the manner provided by sections 11-742, 17-303, 17-304, 17-305 (b), 17-306 and 17-307 of the District of Columbia Code.". SEC. 4. (a) The fourth paragraph of section 7 of the Act of May 7, 1906 (cli. 2084, _34 Stat. 177; D.C. Code, 1961 ed., sec. 2-606), as amended by section 3 of the Act of March 4, 1927, and by section 32(a)(b) of the Act of June 25, 1948, as amended by section 127 of the Act approved May 24, 1949, is amended to read as follows: "The board shall make a written report of its findings after such hearingj which report, with a transcript of the entire record of the proceedings, shall be filed with the Commissioners of the District of Columbia, and, if the board's finding is adverse to the person seeking reissuance of his license or permit, the license or permit shall stand revoked and annulled at the expiration of thirty days from the filing of the report, unless a petition for review is filed in the District of Columbia Court of Appeals, and a stay is granted, in the manner provided by sections 11-742, 17-303, 17-304, 17-305 (b), 17-306 and 17-307 of the THstrici, of Columbia Code." (b) Section 7 of the Act of May 7, 1906 (ch. 2084, 34 Stat. 177; D.C. Code, 1961 ed., sec. 2-606), is further amended by striking out the fifth paragraph thereof. SEC. 5. The third sentence of section 10 of the Act of February 1, 1907 (ch. 442,34 Stat. 873; D.C. Code, 1961 ed., sec. 2-810), is amended to read as follows: "Appeal from the decision of the board may be taken to the District of Columbia Court of Appeals, as provided by. section 11-742, 17-303, 17-304, 17-305 (b), 17-306 and 17-307 of the District of Columbia Code. The Commissioners of the District of Columbia, the board of review, and the board of examiners in veterinary medicine shall not, nor shall any of them, be required to pay costs, or give bond or security on appeal, or other proceeding in any court of the District of Columbia growing out of any official duty imposed on them, or any of them, by this Act.". SEC. 6. Section 28 of the Act of December 13, 1924 (ch. 9, 43 Stat. 717; D.C. Code, 1961 ed., sec. 2-1028), as amended by section 1 of the Act of May 29, 1928, is amended to read as follows: "SEC. 28. The proceedings for the annulment of registration, that is, the revocation of a certificate, shall be begim by filing written charges against the accused with the Board of Examiners and Registrars of Architects by the Board itself or by a complainant. A copy of the charges, together with a notice of the time and place of hearing, shall be served on the accused at least thirty calendar days in advance of the hearing, which shall be postponed if necessary to give the requisite notice. Where personal services can not be made within the District of Columbia, service may be made by publication or personal service in accordance with such rules as the Board adopts, following generally and in principle the provisions of sections 13-336 to 13-338 and 13-340 of the District of Columbia Code. At the hearing, the accused may be represented by counsel, may introduced evidence, and may examine and cross-examine witnesses. The secretary of the Board may administer oaths. The Board shall make a written report of its findings, which report, with a transcript of the entire record of the proceedings, shall be filed with the Commissioners of the District of Columbia, and. if the Board's finding is adverse to the accused, his certificate of registration shall stand revoked and annulled at the expiration of thirty days from the filing of the report, unless a peti-

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tion for review is filed in the District of Columbia Court of Appeals, and a stay is granted, in the manner provided by sections 11-742, 17-303, 17-304, 17-305 (b), 17-306 and 17-307 of the District of Columbia Code. SKC. T. The second parag'niph of section 10 of the Act of June 7, 1938 (ch. 322, 62 Stat. 622; D.C. Code, 1961 ed., sec. 2-1110), as amended by section 32(b) of the Act of June 25, 1948, as amended by section 127 of the Act of May 24, 1949, is amended to read as follows: "An appeal may be taken from the action of the Board to the District of Columbia Court of Appeals in the manner provided by sections 11-742, 17-303, 17-304, 17-305 (b), 17-306 and 17-307 of the District of Columbia Code.". SEC. 8. Section 13(a) of the Act of March 3, 1925 (ch. 443, 43 Stat. 1125; D.C. Code, 1961 ed., sec. 40-302), as amended by section 3 of the Act of July 3, 1926, sections 2 and 4 of the Act of February 27, 1931, and the Act of May 15, 1936, is amended (1) by striking out the fourth proviso in the first sentence (being the last proviso in that sentence); (2) by striking out the colon preceding that proviso, and in lieu thereof inserting a period; (3) by striking out the second sentence, and in lieu thereof inserting: *'An individual whose permit is denied, suspended, or revoked by the commissioners or their agent may, if application for a review by the conunissioners of an order for revocation or suspension is not filed, or if an application for review by them is filed, after the commissioners' decision on the review, petition the District of Columbia Court of Appeals for a review of the order or decision in the manner provided by sections 11-742, 17-303, 17-304, 17-305 (b), 17-306 and 17-307 of the District of Columbia Code.". SEC. 9. (a) Section 9 of the Act of August 25, 1937 (ch. 760, 50 Stat. 794: D.C. Code, 1961 ed., sec. 46-1409), as amended by section 32(b) of the Act of June 25, 1948, as amended by section 127 of the Act of May 24, 1949; and as further amended by the Act of June 11, 1960 (Pub. L. 86-507, § 1(50), 74 Stat. 203), is amended by striking out the ninth and tenth sentences of the first paragraph thereof, and in lieu thereof inserting the following: "A final decision or determination of the Commission denying, suspending, or revoking a license may be reviewed in the District of Columbia Court of Appeals in the manner provided by sections 11-742, 17-303, 17-304, 17-305 (b), 17306 and 17-307 of the District of Columbia Code.". (b) Section 9 of the Act of August 25, 1937 (ch. 760, 50 Stat. 794; D.C. Code, 1961 ed., sec. 45-1409), as amended, is further amended by striking out the second paragraph thereof. SEC. 10. The first paragraph of paragraph 42 of section 7 of the Act of July 1, 1902 (ch. 1352, 32 Stat. 628; D.C. Code, 1961 ed., sec. 47-2101, first par.), as amended by the Act of July 1,19.32, is amended (1) by striking out the colon preceding the proviso therein and the sentence following immediately thereafter, and in lieu thereof inserting a period, and (2) by striking out the proviso therein, and in lieu thereof inserting: "A person whose application for a license is denied, or whose license is revoked or suspended by the commissioners may obtain a review of the action of the commissioners in the District of Columbia Court of Appeals in the manner provided by sections 11-742, 17-303, 17-304, 17-305 (b), 17-306 and 17-307 of the District of Columbia Code.". SEC. 11. (a) Section 1 of the Act of July 16, 1912 (ch. 235, 37 Stat. 192; D:C. Code, 1961 ed., secs. ll-755c, 22-1101,22-2722), as amended by section 32(b) of the Act of June 25, 1948, as amended by section 127 of the Act of May 24, 1949, is amended to read as follows: "Whoever is convicted of an affray or of keeping a bawdy or disorderly house in the District shall be fined not more than $500 or imprisoned not more than one year, or both.".

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(b) Section 2 of the Act of July 16, 1912 (ch. 235, 37 Stat. 193, D.C. (Jode 1961 ed., secs. ll-765d, 22-507), as amended by section 32(b) of the Act of June 25, 1948, as amended by section 127 of the Act of May 24, 1949; and as amended by section 212 of the Act approved June 29, 1953, is amended to read as follows: "SEC. 2. Whoeyer is convicted in the District of threats to do bodily harm shall be fined not more than $500 or imprisoned not more than six months, or both, and, in addition thereto or in lieu thereof, may be required to give bond to keep the peace for a period not exceeding one year.". SEC. 12. Section 5 of the Act of June 21, 1870 (ch. 135,16 Stat. 158; D.C. Code, 1961 ed., sec. 32-205), is amended to read as follows: "SEC. 5. Members of the Metropolitan Police force of the District of Columbia, upon application of a member of the Washington Humane Society who has viewed a violation of a law or regulation of the District for the prevention of cruelty to animals, shall arrest the offending party without a warrant, and take him before the District of Columbia (Jourt of General Sessions for trial. Proper evidence of membership to a police officer shall be the exhibition of a badge or certificate of membership in the SociPty.". SEC. 13. Section 93 of the Act of March 3, 1901 (ch. 854, 31 Stat. 1203; D.C. Code, 1961 ed., secs. 16-1301, 21-213), as amended by the Act of June 30, 1902 (ch. 1329, 32 Stat. 523), is amended to read as follows: "SEC. 93. If a contract has been made for the sale of lands, tenements, or hereditaments by a person or persons interested therein jointly or in common with an infant, idiot, or person non compos mentis, for and in behalf of all the persons so interested, which the court, upon a hearing and examination of all the circumstances, considers to be for the interest and advantage both of the infant, idiot, or person non compos mentis and of the other person or persons interested therein to be confirmed, the court may confirm the contract and order a deed to be executed according thereto; and all sales and deeds made in pursuance of the order shall be sufficient in law to transfer the estate and interest of the infant, idiot, or person non compos mentis in the property.". SEC. 14. If any part of Part II of the District of Columbia Code, as set out in section 1 of this Act, is held invalid, the remainder of Part II shall not be affected thereby. SEC. 15. An inference of a legislative construction may not be drawn by reason of the subchapter, chapter, or title in Part II of the District of Columbia Code, as set out in section 1 of this Act, in which any sect ion is placed, or by reason of the catchlines used. SEC. 16. Chapter 11 of Title 11 of the District of Columbia Code, as set out in section 1 of this Act, does not divest the United States District Court for the District of Columbia of jurisdiction and power to consider, and to enter and enforce judgments, orders, and decrees in any action, application, or proceeding, as described in section 11-1141 of the Code, filed in the District Court prior to the effective date of section 105 of the Act of April 11, 1956 (ch. 204, 70 Stat. 112), to the same extent as if chapter 11 had not been enacted. SEC. 17. (a) Part II of the District of Columbia Code, set out in section 1 of this Act, with respect to the organization of each of the several courts and their divisions and branches therein provided for.

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PUBLIC LAW 88-241-DEC. 23, 1963

619

is a continuation of existing law, and the tenure of the judges, officers, and employees thereof, in office on January 1, 1964, is not affected by its enactment, but each of them shall continue to serve in the same capacity under the appropriate provisions of Part II, as set out in section 1 of this Act, pursuant to his prior appointment. Loss of rights, interruption of jurisdiction, or prejudice to matters pending in any of those courts on the effective date this Act shall not result from its enactment. (b) The judge of the juvenile court of the District of Columbia who, on March 9, 19H2, was occupying the position of judge created by the Juvenile Court Act of the District of Columbia, approved June 52 Stat. 596. 1, 1938, shall continue in office and shall be deemed to be occupying one of the three positions of judge provided for by section 19 of that Act, as amended by the first section of Public Law 87-413, until the term for 76 Stat. 398. which he was appointed expires and his successor is duly appointed and qualified. H e shall be entitled to compensation in accordance with the provisions of section 19 of the Juvenile Court Act of the District of Columbia as amended by the first section of Public Law 87-413. (c) Wherever in any law of the United States reference is made to the judge of the juvenile court of the District of Columbia the reference shall be construed to mean any judge of that court. SEC. 18. There are authorized to be appropriated such sums as may Appropriation. be necessary to carry out the provisions of Part II, District of Columbia Code, as set out in section 1 of this Act. SEC. 19. The following British statutes, heretofore classified to Part II of the District of Columbia Code, 1961 edition, under the authority of section 1 of the Act approved March 3, 1901 (chapter 854, 31 Stat. 1189; D.C. Code 1961 ed., sec. 49-301), have no further force and effect, as such, in the District of Columbia: (1) 9 Henry III (1225), chapter 8, sections 1, 2, 3, 4 (D.C. Code, 1961 ed., secs. 15-213,16-2003 to 16-2005); (2) 13 Edward I (1285), chapter 31 (D.C. Code, 1961 ed., sec. 11-321); (3) 14 Edward III (1340), chapter 6, section 1 (D.C. Code, 1961 ed., sec. 13-304); (4) 36 Edward III (1362), chapter 15, section 1 (D.C. Code, 1961 ed., sec. 13-201); (5) 17 Richard II (1393), chapter 6, section 1 (D.C. Code, 1961 ed., sec. 13-219); (6) 11 Henry IV (1409), chapter 3, section 1 (D.C. Code, 1961 ed., sec. 13-307); (7) 9 Henry Y (1421), chapter 4, section 1 (D.C. Code, 1961 ed., sec. 13-305); (8) 4 Henry VI (1425), chapter 3, section 1 (D.C. Code, 1961 ed., sec. 13-306); (9) 8 Henry VI (1429), chapter 12, sections 2, 4 (D.C. Code, 1961 ed., secs. 13-308 to 13-310); (10) 8 Henry VI (1429), chapter 15, section 1 (D.C. Code, 1961 ed., sec. 13-311); (11) 4 Henry VII (1487), chapter 20 (D.C. Code, 1961 ed., sec. 13-220); (12) 23 Henry VIII (1531), chapter 15, section 1 (D.C. Code, 1961 ed., sec. 11-1517); (13) 18 Elizabeth (1576), chapter 14, sections 1, 2 (D.C. Code, 1961 ed., sec. 13-314);

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 620

Effective date. Repeals.

PUBLIC LAW 88-241-DEC, 23, 1963

[77 STAT.

(14) 27 Elizahellj (1585), chapter 5, sections 1. 2 (D.C. Code, 11)01 ed., secs. 13-206,13-207); (15) 4 James I (1606), chapter 3, section 2 (D.C. Code, VMM ed., sec. 11-1517); (16) 21 James I (1623), chapter 13, sections 2, 3 (D.C. Code, 1961 ed., sec. 13-315); (17) 16 Charles II (1664), chapter 7, sections 2, 3 (D.C. Code, 1961 ed., secs. 16-706,16-707); (18) 16 and 17 Charles II (1664), chapter 8, sections 1, 2, 5 (D.C. Code, 1961 ed., secs. 13-316,13-317); (19) 29 Charles II (1676), chapter 3, sections 14, 15, 16 (D.C. Code, 1961 ed., secs. 15-104,15-207); (20) 29 Charles II (1676), chapter 7, section 6 {D.C. Code, 1961 ed., see. 13-102);, (21) 8 and 9 William and Mary (1697), chapter 11, sections 1, 8 (D.C. Code, 1961 ed., secs. 11-1518,13-205, 15-111); (22) 4 Anne (1705), chapter 16, sections 1, 2, 4, 7, 11, 12, 27 (D.C. Code 1961 ed., secs. 13-206, 13-210, 13-212, 13-218, 13-318, 13-319, 16-101); (23) 6 Anne (1707), chapter 18, sections 1, 2, 3, 4, 5 (D.C. Code, 1961 ed., secs. 16-527 to 16-531); (24) 9 Anne (1710), chapter 14, sections 1, 2, 4, 5, 8 (D.C. Code, 1961 ed., secs. 16-701 to 16-705); (25) 9 Anne (1710), chapter 20, section 7 (D.C^. Code, 1961 ed., sec. 13-320); (26) 5 George I (1718), chapter 13, section 1(1).(\ (\)de, 1961 ed., sec. 13-312); (27) 4 George II (1731), chapter 26, section 1 ( D. ( \ (Vie, 1961 ed., sec. 13-202); (28) 4 George II (1731), chapter 28, sections 2, 3, 4 (D.C. Code, 1961 ed., secs. 16-532 to 16-534); (29) 6 George II (1733), chapter 14, section 5 (D.C. Code, 1961 ed., sec. 13-203); and (30) 11 George II (1738), chapter 19, section 12 (D.C. Code, 1961 ed., sec. 16-502). SEC. 20. This Act shall take effect on January 1, 1964. SBO. 21. (a) The sections of the Revised Statutes of the District of Columbia, and Acts or parts of Acts, enumerated in the schedule below, are hereby repealed. Any rights or liabilities existing under the statutes or parts thereof so repealed, and any cases, actions or proceedings instituted under, or growing out of, any of the statutes or parts thereof so repealed, are not affected by the repeal. However, laws becoming effective after August 10, 1963, and inconsistent with this Act, shall supersede it to the extent of the inconsistency. (b) If any section of the Revised Statutes of the District of Columbia, or act, or part of an act, listed in the schedule below, has been repealed heretofore, the fact of its being listed in the schedule below shall not b© construed as a revival thereof or as a recognition or acknowledgment that the section, act, or part of an act was in force at the time of the specific repeal effected by this section.

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PUBLIC LAW 88-241-DEC. 23, 1963

621

Reyised Statutes of the District of Columbia (Vol. 18, P t II) Section

Page

763 767 793 804 837

91 91 94 95 99

929 930

108 108

D.O. Code—1961 ed., section

Section

11-306 11-308 15-109 13-221 13-222,16-702, 16-06,16-707 19-401 19-402

Page

033 934 035 1049 1065 1066 1067 1068

D,C. Code—1961 ed., section

110 110 110 122 123 123 123 123

Statutes at Large Date

Chapter

Section

Volume

1801—Feb. 271870—June 17.

15 133

>12 >A11

June 21 1876—Mar. 3. 1877—Feb. 27 1888—July 9.. 1889—Mar. 1. 1891—Mar. 3.

141 130 69 597 328 536

1892—June 26 1893—Feb. 9.. Feb. 9 1894—July 30. July 30. 1896—May 25 1898—June 8..

135 1 74 •4 74 •10 10 1 172 172 "3 246 394 '2 1,2,3,4,5,6,

Page

34

«73 'AH

«374 •253 246 26

ll-748b 11-7480 ll-748d ll-748e D.C. Code1961 ed., section

107 153

1 (part) 2 (part)

19-406 19-407 19-408

848

(X) 435 436 160 162 138 434-437

11-501 11-601,11-621, 11-623, 11-624, ll-710b, 11-710C, 11-712 note, ll-715a,ll-716b, ll-724a, ll-748a, 11-754 note, ll-754a, ll-755a 11-501 11-329 11-306 14-403 11-1420 11-601,11-621, 11-622,11-623, 11-624, ll-710b, 11-710C, 11-712 note, ll-716a, ll-716b, l'-724a, ll-748a, 11-754 note, 11-7 54a, ll-755a 11-755b 11-204 11-206 11-204 11-206 14-308 11-501,14-404

7, 8, 9,10, 11 > This section was not actually set out as text In D. O. Code, 1961 ed., § 501, cited above, but was cited, thereto, perhaps as one of the historical sources thereof. > The text of this act was not actually set out In any of the sections of D. C. Code, 1961 ed., cited above, but such act was set out In notes under, or cited In the credits to, each such section. > This section was not actually set out as text In D. C. Code, 1961 ed., § 11-501, cited above, but was cited thereto, perhaps as one of the historical sources thereof. • Only the proviso in the first paragraph on this page. > Only the provisions commencing on this page and ending on page 254 which strike out section 763 of the Revised Statutes of the District of Columbia and substitute a new section so numbered. • A.0 added by act Feb. 18, 1909, ch. 146, 35 Stat. 629 (636). T The text of this act was not actually set out In any of the sections of D. O. Code, 1961 ed., cited above, but such act was set out in notes under, or cited in the credits to, each such section. i This section was not actually set out as text in D. C. Code, 1961 ed., S 11-204, cited above, but was cited thereto, perhaps as one of the historical sources thereof. • This section was not actually set out as text in D. C. Code, 1961 ed., S11-206, cited above, but was cited thereto, perhaps as one of the historical sources thereof. » This section was not actually set out as text in D. O. Code, 1961 ed., S 11-204, cited above, but was dted thereto, perhaps as one of the historical sources thereof. > This section was not actually set out as text in D. C. Code, 1961 ed., S 11-206, cited above, but was > elted thereto, perhaps as one of the historical sources thereof. 11 No part of this act was actually set out as text In any section of D. C. Code, 1961 ed., but the act was cited in its enth-ety to the credits of section 11-501 thereof, cited above, and section 10 of the act was cited to section 14-404 thereof, cited above, perhaps as bistorloal sources of those sections.

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 PUBLIC LAW 88-241-DEC, 23, 1963

622

[77 STAT.

Statutes at Large—Continued Statutes at Large Date

Chapter

Section

Volume

Page

D.C. Code— 1961 ed.. section

1901—Mar. 3 Do Do

854 854 854

2 6 9,10

31 31 31

1190 1191 1191

Do

854

12 to 26, inclusive

31

1191, 1192

Do

854

28,29

31

1194

Do

854

31

1194, 1195

Do Do Do Do Do Do Do Do Do Do

854 854 864 854 854 854 854 854 854 854

33 to 35, inclusive 37 38 41 42 43 44 45 46 47 48 to 56, inclusive

31 31 31 31 31 31 31 31 31 31

1195 1195 1195 1196 1196 1196 1197 1197 1197 1197-1199

Do Do Do Do Do Do

854 854 854 854 854 854

31 31 31 31 31 31

1199 1199 1199 1200 1201 1202, 1203

11-747 11-713 11-748 11-601 ll-755a ll-715a ll-716a H-716b 11-619 11-609,11-610, 11-621,11-623, 11-624, 11-712 note, ll-724a, 11748a, 11-754 note, ll-754a ll-724a ll-710b, 11-710C 11-301,11-305 11-312 11-319 16-1302 to 16-1306

Do Do

854 854

31 31

1205 1205-1207

15-110 13-105 to 13-113

Do Do Do Do Do Do Do Do Do Do Do

854 854 854 854 854 854 854 854 854 854

31 31 31 31 31 31 31 31 31 31 31

1207 1207 1208 1208 1208 1209 1209 1209 1210 1211 1214

16-1501 13-104 11-326 to 11-328 11-501,11-503 11-602,11-504 19-409 19-403 11-513 11-514,11-516 11-516 11-517 to 11-520

Do Do... Do Do Do

854 854 854 854 854

31 31 31 31 31

1218 11-401 1219 11-1505,11-1606 1219 11-1507 1220 11-1002 1221 11-1201 to 11-1205

Do Do Do

854 854 854

31 31 31

1221 11-1206,11-1516 1221 11-1207,11-1208 1222 11-1401 to 11-1407

Do.. Do

854 854

31

11-1408 1222, 1223 11-1409 to 11-1413

Do Do Do Do

854 854 854 854

^

^

57 58,59 60,61 65 72 86 to 90, inclusive 101 102 to 110, inclusive 111 112 113 to 115 116,117 118,119 120 121 123 126,127 129 142 to 145, inclusive 174 175 177 184 190 to 194, inclusive 195 196,197 198 to 204, inclusive " 204a 205 to 209, inclusive 212 215 »215a 217

" As added by act May 19, 1922, ch. 194, 42 Stat. 543. " As added by act Feb. 26, 1927, ch. 220,44 Stat. 1249.

31 31

1223 1223

31

1224

11-101 11-710 11-704,11-766 note 11-724 to 11-729, 11-731,11-732, 11-735 to 11-741 11-742,11-756 note 11-744 to 11-746

11-1416 11-1417 11-1418 11-1420

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PUBLIC LAW 88-241-DEC. 23, 1963

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statutes at Large—Continued statutes at Large Date

Chapter

-Mar. 3 Do. Do. Do. Do.

854 854 854 854 854

Do.

854

Do. Do.

854 854

Do. Do. Do.

854 854 854

Do. Do. Do. Do. Do. Do.

854 854 854 854 854 854

Do. Do. Do. Do. Do. Do. Do. Do. Do.

854 854 854 854 854 854 854 854 854

Do. Do.

854 854

Do. Do. Do. Do.

854 854 854 854

Do.

854

Do.

854

Do. Do.

854 854

Do. Do. Do.

854 854 854

Do.

854

Do. Do. Do. Do.

854 854 854 854

Do.

854

Do. Do.

854 854

Do. Do.

854 854

D.C. Code1961 ed., section Section

218,219 220 224 "229 235 to 241, inclusive 243 to 251. Inclusive 252,263 254 to 258, inclusive 399 to 401, inclusive 412 to 430, inclusive 445 to 478. inclusive 477 483,484 I 484a t 485 485a 486 to 491, inclusive 934 963 964 965 "966 967 969,970 971 972 to 974, inclusive " 974a 975 to 980, inclusive 981 982 983 984 to 986, inclusive 988 to 990, inclusive 992 to 1010, inclusive 1056, 1057 1058 to 1060, inclusive 1061 1062 1063 to 1069, inclusive 1070 to 1071, inclusive 1072 1073 »• 1073a 1074 to 1079, inclusive 1080 to 1084, inclusive 1085 1086 to 1091, inclusive 1093 to 1098 1100

Volume

Page 1224 1224 1224 1226 1227-1229

11-1301,11-1302 11-1)04 11-204 11-206 12-101 to 12-107

1229.1230

12-108 to 12-116

1230

14-601,14-602 16-102 to 16-106

1230.1231

13-301 to 13-303 1262, 1253

16-1701 to 16-1719 1254-1256

16-301 to 16-332 1268-1264 1264 1265 1265 1266

16-334 16-601,16-602 16-603 16-604 16-606 16-606 to 16-611

1345 1345 1345 1346

23-103,24-401 16-416 16-419 16-402 16-403 16-420 16-404,16-405 16-401 16-406 to 16-408

1346

16-409 16-410 to 16-416

1341 1346 1345 1346

1347, 1348

16-422 16-418 16-417 16-501,16-603, 16-504 16-605 to 16-507

1348-1350

16-508 to 16-526

1364 1354-1366

14-101,14-102 14-201 to 14-203

1356 1357 1357, 1358

14-103 14-204 14-301 to 14-307

1358

14-401,14-402

1358 1358 1368, 1359

14-406 14-308 14-104 15-201 to 16-206

1359

15-208 to 15-212

1359 1359

15-214 16-301 to 16-306

1360, 1361 1361

16-307 to 16-312 16-313

1346 1347 1347 1347

" Ail provisions of this section not heretofoj-e repealed by act July 1, 1902, ch. 1352, { 1, 32 Stat. 590 (609). •• As added by act Apr. 19, 1920, ch. 163, 4i;Stat. 656 (665). " As enacted by act Aug. 7, 1935, ch. 453, § l, 49 Stat. 6.39. > As added by act Aug. 7, 1936. ch. 453, S 3. 49 Stat. 540. >

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PUBLIC LAW 88-241-DEC. 23, 1963

[ 77 STAT.

Statutes at Large—Continaed statutes at Large Date

Chapter 854

Do Do

864 864

Do Do Do Do

864 864 864 854

Do

864

Do Do

854 864

Do Do

864 854 854

Do Do

854 854

Do

854

Do

854

Do Do Do Do Do Do Do Do

854 854 864 854 854 864 864 864

Do

864

Do

864

Do 100}—Tan. 81

864 6 1820 (part)

Do

1320 (part) 1320 (part) 1320 (part) 1320 (part) 1320 (part) 1820 (part)

Do Do Do Do Do

Section 1101 to 1104, inclusive "1104A 1105 to 1107, Inclusive 1108, 1100 1110 1111 1143 to 1160, inclusive 1206 to 1210. inclusive 1211 13 to 1214, inclusive 1216, 1216 1217 1265 to 1270, inclusive 1272 1273 to 1282, inclusive 1208 to 1300, inclusive 1301 to 1303, inclusive 1529, 1630 1631 1632, 1533 1634 1636 1636 1637 16o8tol648, inclusive 1840 to 1662. Inclusive 1663 to 1671. Inclusive 1672, 1673 1

Volume

Page

D.C. Code— 1961 ed.. section

1361, 1362

16-216 to 15-218

31

1362, 1363

15-314 to 15-319 15-401 to 15-403

31 31 81 31

1363 1363 1364 1372.1373

11-1601. 11-1602 11-1500 11-1503 16-801 to 16-808

31

1380

16-901 to 16-906

31 31

1380 1381

13-401 16-101 to 15-103

31 31 31

1381 1381 1389

16-107. 18-108 If-106 12-201 to 12-206

31

31 31

1300 12-207 1390, 1391 16-1001 to 16-1010

31

1394 16-1101 to 16-1103

31

1394, 1395 16-1201 to 16-1203

31 31 31 31 31 31 31 31

1418 16-1401. 16-1402 1418 13-217 1418 13-208,13-209 1419 13-211 1419 13-213 1410 13-101 1410 13-103 1410-1421 16-1601 to 16-1611

31

1421, 1422 16-1801 to 16-1814

31

1422-1424 16-1901 to 16-1000

31 32 32

1424 2 »621

32

16-2001,16-2003 11-1407 11-724,11-725, 11-741, 11-744, 11-746, ll-765note U622 11-601,11-610

32

M622

11-312

32

«623

11-310

32

"623

13-106,13-107

32

M623

IS-IU

32

»'624

13-113,16-1601

» As added by act Aug. 4, 1059, Pub. L. 86-130, {1,73 Stat. 276. n The provisions on this page amending sections 12,13, 26, 20, 33 and 36 of act Mar. 3, 1001, ch. 864,81 Stat. 1180 (1101, 1102, 1104, 1106). » The provisions on this page amending sections 42 and 61 of act Mar. S, 1001, ch. 864,31 Stat. 1180 (1106. 1108). > The provisions on this page and page 623 amending section 66 of act Mar. 3.1001. cb. 864,31 Stat. 1180

aaoo). M The provisions on this page amending section 72 of act Mar. 3, 1001, ch. 854,31 Stat. 1180 (1201). u The provisions on this page amending sections 102 and 104 of act Mar. 3, 1001, ch. 854, 81 Stat. 1180 (1206, 1206).. » The provisions on this page and page 624 amending section 108 of act Mar. 8, 1001, ch. 864,81 Stat. 1189 (1206). « The provisions on this page amending seotions 110 and l U of act Mar. 8, 1001, ch. 864, l l Stat. 1188 O307).

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Page:United States Statutes at Large Volume 77.djvu/657

 77 STAT. ]

625

PUBLIC TAW 88-241-DEC. 23, 1963 Statutes at Large—Continued statutes at Large Date

Section

Volume

Page

1329 (part) 1329 (part) 1329 (part) 1329 (part) 1329 (part) 1329 (part)

Do Do Do

Do Do

Do Do Do Do

Do

^

Do*..* Do

ll-fi04

32

" 625

19-403

32

»«S2«

ll-5in U) 11-619

32

" 627

32

3 528 »

32

« 5311

3-i

- 5d7

11-401, 11-1201, 11-1606. 11-1607 11-204, 12-103, 16-102 13 301, 16-310, HV-3I1, 16-313, 16-322, 16-611, 16-1701 23-103,24-401

32

»»5;i7

32

M 537

32

3»638

32

"638

32

»6I(1

1329 (part)

Do

S 52fl 8

1329 (part) 1329 (part) 1329 (part) 1329 (part)

Do

32

1329 (part) 1329 (part)

1902—June 30..

Do

Chapter

D.C. Code— 1961 ed.. section

32

«I64I

1329 (part) 1329 (part) 1329 (part)

32

«>64l

32

"642

32

"543

I« 410, 16-412, 16-416, 16-601, 16-5(MI, 16-J>08 16-611 16-616, 16 519, 16-520 14-201 14-203, 14-204, 14-303, 14-305, 16-206,16-210 16-212.18-214, 15-216,16-303, 16-306 11-1603 12-201 to 12-204, 15-101,15-101 ia-208,16-1004, 16-1101,16-1102, 16-1202

>• The provisions on this page amending section 119 of act Mar. 3, 1901, ch. 864, 31 Stat. 1189 (1208). » The provisions on this page and page 626 amending section 121 of act Mar. 3, 1901, ch. 854,31 Stat. 1189 (1209). N The provisions on this page amendiag sections 129,142,143 and 144 of act Mar. 3, 1901, ch. 854, 31 Stat. 1189(1211, 1214). »• The provisions on this page amending sections 174,175,177 and 190 of act Mar. 3, 1901, ch. 854, 31 Stat. 1189(1218, 1219, 1221) > 0224, 1228, 1230). M The provisions on this page amending sections 399, 412, 454,456, 457, 466 and 491 of act Mar. 3, 1901, ch. 854, 31 Stat. 1189 (1252, 1254, 1261, 1262, 1263, 1266). M The provisions on this page amending section 934 of act Mar. 3, 1901, ch. 854,31 Stat. 1189 (1341). » The provisions on thLs page amending sections 963, 975, 977,984, 989 and 992 of act Mar. 3, 1901, ch. 854, 31 Stat. 1189 (1346, 1346, 1347.1348). '• The provisions on this page and page 638 amending section 996 of act Mar. 3, 1901, ch. 854,31 Stat. 1189 (1348). " The provisions on this page amending sections 1000, 1003 and 1004 of act Mar. 3, 1901, ch. 854,31 Stat. 118S (1349, 1360). > The provisions on this page and pages 639 and 640 amending section 1068 of act Mar. 3, 1901, ch. 854, > 81 Stat. 1189 (1364). >• The provisions on this page amending sections 1060, 1062, 1065, 1067, 1079 and 1082 of act Mar. 3, 1901, ch. 864, 31 Stat. 1189 (1366, 1367, 1359). <• The provisions on this page amending sections 1084, 1086, 1088, 1091 and 1101 of act Mar. 3, 1901, cb. 864, 81 Stat. 1189 (1369,1.360, 1361). 1189 (1364). " The provisions on this page amending sections 1212, 1214, 1265, 1266, 1267 and 1268 of act Mar. 8, 1901, cb. 864, 31 Stat. 1189 (1381, 1389). « The provisions on this page amending sections 1276, 1298, 1299, 1302 and 1632 of act Mar. 3, 1901, ch. 804, 31 Stat. 1189 (1390, 1394, 1418).
 * The provisions on this page amending sections 224,237 and 264 of act Mar. 3, 1901, cti. 854,31 Stat. 1189
 * ^ The provisions on this page and page 642 amending section 1111 of act Mar. 3, 1901, ch. 864, 31 Stat.

93-025 0-64-42

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Page:United States Statutes at Large Volume 77.djvu/658

 626

PUBLIC LAW 88-241-DEC. 23, 1963

r?? STAT.

Statutes at Large—Contiiiue<l statutes at Large Chapter

Date 1902—June 30

July 1

-.

--

190g_Mar. 19 Do, Do Do,, Do Do

.--

1361 (part) 960 960 960

32

«661

13-103, 13-213, 16-1605, 16-1803, 16-1804.16-1806, 16-1809,16-1901 ll-1520a

73 73-78

11-902 11-101, 11-901 11-903 to 11-927

Do

960

1910—May 18

1911—Mar. 2 1912—June 26 Aug. 23 Do 1913—Mar. 4 1916—Sept. 1

-

Page M544

960 960

-

Volume 32

Do Do

Do Do Apr. 21 1907—Feb. 1 1909_Feb. 17.

Section

1329 (part)

960 960 960

•-

D. C. Code— 1961 ed.. section

960 960 1646 445 134

248 277 433 192 182 350 360 ISO 433

1 2 to 26, inclusiye.*i

34 34

11-928 11-929 11-930 to 11-933

48 27 49 28 ««29 to 3 2,

inclusive "33 M 34 to 37, inclusive «8 39 to 42, inclusive M43 SS45

11-934 note 11-935 to 11-938 11-939 to 11-942

34 34 35

1 (part)

1 1 1 1 1 1

2 (part) (part) (part) (part) (part) (part)

126 874 623-625

36 36 36 36 37 37 37 37 39

St 404 464 864 "974 58 147 !»412 80 412 91964 M678

11-901 note 11-942-1 11-706 13-103 11-101, 11-610, 11-701, 11-704 to 11-714, 11-724, 11-725,11-729. 11-738 to 11-741, 11-744, 11-745, 11-748, 11-755 note, 11-1002, 11-1205, 15-101, 15-103,15-209, 15-313 ll-710a 11-1507 24-102 11-1204 11-1204 11-204 11-1509 11-211 11-1616

Mar. 3, 1901, ch. 864, 31 Stat. 1189 (1419, 1420, 1421, 1422). « Only the paragraph on this page, reading as follows: "And hereafter there shall be paid to witnesses5 in cases in the police court of the District of Columbia, not exceeding seventy-five cents per diem for each day of attendance, to be allowed only in the discretion of the court." « As added by act June 1, 1938, ch. 309, 52 Stat. 596. " As amended by acts June 1, 1938, ch. 309, 52 Stat. 596-603; July 2, 1940, ch. 526, 54 Stat. 735; Aug. 3, 1961, ch. 291, § 4, 65 Stat. 164; June 12, 1952, ch. 417, §§ 1, 2, 66 Stat. 134; July 11, 1956, ch. 302, § 4, 69 Stat. 270. « As added June 1, 1938, ch. 309, 52 Stat. 596 (603). « As added June 1, 1938, ch. 309, 52 Stat. 596 (603), and amended June 12, 1952, ch. 417, | 3, 66 Stat. 134. M As added by act June 1, 1938, ch. 309, 52 Stat. 596 (603). " As added by act June 1, 1938, ch. 309, 52 Stat. 696 (603, 604). While it was the intent to repeal this section by act May 24, 1949, ch. 139, § 142, 63 Stat. 110, that act repealed section "33" of the act of June 1, 1938, which was not correct. « As added by act June 1, 1938, ch. 309, 62 Stat. 596 (604). 2 M As added by act June 1, 1938, ch. 309, 52 Stat. 696 (604, 605). » As added by act June 1, 1938, ch. 309, 52 Stat. 596 (605). M As added by act Mar. 9, 1962, Public Law 87-413, § 5, 76 Stat. 22. « The first full paragraph on this page. « »' The proviso in the second paragraph on this page. 5 The two provisos on this page. 8 « The second proviso on this page. » M The proviso in the first full paragraph on this page. « The proviso in the third paragraph under the heading "For Courts and Prisons" on this page. M The proviso in the sixth full paragraph on this page.
 * The provisions on this page amending sections 1635, 1537, 1542, 1551, 1652, 1554, 1557 and 1563 of act

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 77 STAT. ]

PUBLIC LAW 88-241-DEC. 23, 1963

627

Statutes at Large—Continued statutes at Large Date

Chapter

Section

192a-Apr. 19.

•» 1 (part)

1921—Mar. 3.

Volume

1 to 11,. inclusive, 13

1923—Mar. 4. 1924—Dec. 13. 1926—Mar. 3. 1926—Apr. 3.. June 14. July 3.. 1928—Apr. 6.. May 15 May 21 Dec. 20. 1929—Mar. 1.

278 443

41

D.C. Code1961 ed., section

Page 565-561, 563-567, 669

1310-1313

42 3,4,6

103 577 784 325

1606

43

1119-1121

44 44 44 46

669.. (part) 41 416 lto26, inclu-

45

234 741 892 410 ««671

11-312,11-514, 11-735,11-746, 11-1301 to 11-1304,11-1401 to 11-1407, 11-1409 to 11-1413,13-108, 13-204,13-214 to 13-216, 14-302,14-406, 16-301,16-311, 16-421,16-604, 16-607 11-701,11-702, 11-706,11-707, 11-716,11-716, 11-717,11-718 to 11-721,11-724, 11-726,11-726, 11-729 to 11-731, 11-733,11-734, 11-766 notes, 11-766 note 13-214 11-1207 11-«01,11-621, 11-623, ll-715a, ll-716a,11-1407 11-312 11-1407 11-1407 11-1509 16-333 11-211

46 46

1056 1415-1422

439

46

1437-1439

1930—June 19. 1932—Feb. 11. 1933—Feb. 28. 1935—Apr. 11.

637

46

138 67

47 49

16-601 to 16-604, lfr-606 to 16-€11 786 11-301 14-309 1370 12-208 162-154 16-612 to 16-618

Aug. 7.. Do. Aug. 22. Do. 193»-Mar. 5.

463 453 m 606 43

49 49 49 49 52

639 540 681 682 103-107

16-401 16-421 ll-716a 11-1420 11-«)1 to 11-820

May 31. 1939—Apr. 5.. Do. July 15. July 26. 1940—June 12. 1941—Dec. 15. 1942—Apr. 1..

290 37 37 281 367 333 574 207

62 53 53 63 53 54 66 66

684 667 667 «1009 1107 «311 801 190-197

11-301 16-312 16-305 11-1619 11-330 11-1519 11-401 Note prec. 11-760,11-761, 11-751 note, 11-752 to 11-754, 11-766,11-756, 11-771,11-772 to 11-776

Do.

1 to 6, inclusive, 7,8 2 4 1 to 19, inclusive, 21 5 8(a) 8 (b) 1 (part) 1 (part) 1 to 14, ltol4, inclusive

10-301 16-619 to 16-644

M The provisions of this section amending act Mar. 3, 1901, ch. 854,31 Stat. 1189 (D. O. Code), as follows: amending sections 20, 35, 65,106,126,198 to 209, inclusive, 218, 219; adding section 219a; amending sections 220, 446, 455, 485, 491h; adding section 983a; amending section 1064; and adding sections 1073b and 1535a to 1636d inclusive. M The proviso in the second paragraph on this page.

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628

[77

STAT.

Statutes at Large—Contlnned statutes at Large Date

Chapter

Section

Volume

Page

1M4—June 2 8 Dec. 20

300 610

16 1.2,4

68 58

633 817-819

1045—June 80 1046—July 0... Aug. 7 Aug. 8 1047—May 15 July 11. July 18 1048—June 10 Do June 24.... 7nne35..

209 544 792 881 66 228 267 507 508 600 646

1 (part) 1 (part)

69 60 60 60 61 61 61 62 62 62 63

«281 M510 889 931 92 312 381 487 487 570 988

Do 1049—May 34 Do Do Do Do Do

646 130

990 108 108 108 109 100 100 213 213 214 215 482,483 491

1.2 1 14,15,16 24 136 136 137 138 130 140

130 130 130 130 228 220 230 333 860 883

3,8 8,4,5

62 63 63 63 63 63 63 63 63 63 63 63 63

706

1,3.3

63

887

1051—Jan. 1 1..

1325

3 to 10, Inclusive.

64

1240-1243

1003—Mar. 14 Apr. 15 1858—June 18_ Do June 30.. T Do Do 1054—June 8

104 1 206 1 128 1 130 1 150 403 160 408 150 410 373 1 to 17, inclusive. 373 18(b) 1166 1 1173 1>*

66 66 67 67 67 67 67 68

24 60 66 66 102 107 108 241-246

68 68 68

246 1043 1048-1050

69 69 70

290 612 111-113

70

676

Do Do JnneSi..July 28

,

Oct. 36

Do Aug. 81 Do 1056—July 1 1.. Aug. 0 106fr-Apr. 11

July 36

« Tbe first proviso on this page. M The leoond proviso on tbis paga.

803 678 304

744

1.3 4 101 to 106, 107 (a)(b), 108 to 114, inclusive. 1

D.C. Code— 1961 ed.. section

11-1519 16-401,16-403, 16-312 11-1521 11-1521 19-403 11-1401 11-414 16-610 ll-754b 16-1201,16-1208 12-101 14-303 11-204,11-401, 11-1501 11-301 11-305 11-813 11-204 11-200 14-204 11-1603 16-415 16-418 13-108 16-416 11-763, 11-771 19-401,19-401 note, 19-404a 11-762,11-763, 11-771 11-961,11-951 note, 11-052 to 11-967 11-1600 16-403 11-767,11-968 11-736 11-332 11-1402,11-1417 ll-748a, 11-756 16^208 to 16-224 16-226 15-304 11-772,11-772 note. 11-753,11-771 14-308 11-752, 11-768 to 11-770, 16-210, 16-220. 16-416 11-766

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 77 STAT. ]

629

PUBLIC LAW 88-242-DEC. 30, 1963

Statutes at Large—Continued Date

Public Law

Volume 1.2 3 1 2 8 4

Page

Sept. 0. 1000-Jone 11.

88-241 88-607

1081—Sept. e. Sept. 14 Sept. 28 Oct. 4.. ie63-M«r. 0..

87-203 87-242 87-318 87-340 87-418

1 1 1,3 1

t

07 218 308 277 277 377 377 378 378 378 478 203 203 470 613 881 760 21 22

Aug. 24 Do. Do.

87-698 87-696 87-696

4 8 1(8) 1(b) 2(b)

398

Oct, 23. Do. Do.

87-873 87-873 87-878

2 8,4 8

1171 1171 1172

1963—July 8.. Do. Do. Aug. 5..

88-60 88-60 8a-60 88-86

2,3 4 6 1.2

77 78 78 117

1068—Apr. 23 Jane 20 July 18... l«6»-Aag.4....

86-382 86-483 88-630

Section

« • 7 8 1(48) 1(47)

Section

11-068.11-064 24-103 11-763 16-804 16-813 16-408 18-«13 16-314 note 16-314 note 16-320 11-782 11-805 18-818 11-804 11-785 14-310 11-1607,11-1619 11-020 11-004,11-008, 11-021 to 11-025. 11-427 to 11-020, 11-087,11-043 11-023 11-043-1 11-762 11-771 11-020 11-76U 11-766 11-766 ll-1620a ll-771a 11-756,11-766 11-756 ll-520a, ll-771a 11-805

Approved December 23, 1963.

Public Law 88-242 JOINT RESOLUTION

December 30, 1963

To authorize the President to issue annually a proclamation designating the^- ^^'J- ^^^- ^^^^ first week in Marcli of each year as "Save Your Vision Weelc". Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the United States is authorized and requested to issue annually a proclamation designating the first week in March of each year as "Save Your Vision Week", and inviting the Governors and mayors of State and local governments of the United States to issue similar proclamations. The President is further requested to consider including in such proclamation an invitation calling upon the press, radio, television, and other communications media, txie healtli care professions and all other agencies and individuals concerned with programs for the improvement of vision to unite during such week in public activities to impress upon the people of the United States the importance of vision to their own welfare and that of our country, and to urge their support of programs to improve and protect the vision of Americans. Approved December 30, 1963.

Save Your Vision Week. Annual proclamation, authorization.

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Page:United States Statutes at Large Volume 77.djvu/662

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PUBLIC LAW 88-243-DEC. 30, 1963

[77 STAT.

Public Law 88-243 December 30, 1963

District of merciai Code.
 * uniform Com^

AN

ACT

To enact the Uniform Connnercial Code for the District of Colnnibia, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assemMed^ That the Uniform Commercial Code is enacted as Subtitle I of Title 28 of the District of Columbia Codc, in which it shall be designated "Subtitle I—LTniform Commercial Code", and may be cited as "D.C. Code, § —", as follows:

SUBTITLE I—UNIFORM COMMERCIAL CODE \BTICLE 1. GENERAI, PROVISIONS 2. SALES 3. COMMEECIAL PAPER 4. B A X K DEPOSITS AND COLLECTIONS 5. LETTERS OF CREDIT 6. B U L K TRANSFERS 7. W A R E H O U S E RECEIPTS, B I L L S OF LADING AND OTHER DOCUMENTS OP TITI>E 8. INVESTMENT SECURITIES 9. SECURED T R A N S ACTION S; SALES OF ACCOUNTS, CONTRACT B I G H T S AND CHATTEL PAPER 10. CONSTRUCTION W I T H OTHER L A W S

SECTIOX 2 8: 1—101 2 8: ^—101 2 8: 3—101 2 8: 4—101 2 8: 5—101 28: 6—101 28: 28:

7—101 8—101

2 8: 9—101 28:10—101

ARTICLE I—GENERAL PROVISIONS PART 1—SHORT TITLE, CONSTRUCTION, APPLICATION AND SUBJECT MATTER

Sec. 28:1—101. 28:1—102. 28:1—103. 28:1—104. 28:1—105. 28:1—106. 28:1—107. 28:1—108. 28:1—109.

Short title. Purposes; rules of construction; variation by agreement. Supplementary general principles of law applicable. Construction against implicit repeal. Territorial application of this s u b title; part i e s ' power to choose applicable law. Remedies to be liberally administered. Waiver or renunciation of claim or right after breach. Severability. Section captions.

P A R T 2—GENERAL DEFINITIONS AND P R I N C I P L E S OF INTERPRETATION

28:1—201. 28:1—202. 28:1—203. 28:1—204. 28:1—205. 28:1—206.

General definitions. P r i m a facie evidence by t h i r d party documents. Obligation of good faith. T i m e; reasonable t i m e; "seasonably". Course of dealing and usage of trade. Statute of f r a u d s for kinds of personal property not covered. 28:1—^207. Performance or acceptance under reservation of rights. 28:1—r208. Option to accelerate at will.

otherwise

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PUBLIC LAW 88-243-DEC. 30, 1%3

PART 1—SHORT TITLE, CONSTRUCTION, APPLICATION A N D SUBJECT MATTER §28:1—lOL Short title This subtitle shall be Imown and may be cited as Uniform Commercial Code. §28:1—102. Purposes; rules of construction; variation by agreement (1) This subtitle shall be liberally construed and applied to promote its underlying purposes and policies. (2) Underlying purposes and policies of this subtitle are (a) to simplify, clarify and modernize the law governing commercial transactions; (b) to permit the continued expansion of commercial practices through custom, usage and agreement of the parties; (c) to make uniform the law among the various jurisdictions. (3) The effect of provisions of this subtitle may be varied by agreement, except as otherwise provided in this subtitle and except that the obligations of good faith, diligence, reasonableness and care prescribed by this subtitle may not be disclaimed by agreement but the parties may by agreement determine the standards by which the performance of such obligations is to be measured if such standards are not manifestly unreasonable. (4) The presence in certain provisions of this subtitle of the words "unless otherwise agreed" or words of similar import does not imply that the effect of other provisions may not be varied by agreement under subsection (3). (5) I n this subtitle unless the context otherwise requires (a) words in the singular number include the plural, and in the plural include the singular; (b) words of the masculine gender include the feminine and the neuter, and when the sense so indicates words of the neuter gender may refer to any gender. §28:1—103. Supplementary general principles of law applicable Unless displaced by the particular provisions of this subtitle, the principles of law and equity, including the law merchant and the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, or other validating or invalidating cause shall supplement its provisions. §28:1—104. Construction against implicit repeal This subtitle being a general act intended as a unified coverage of its subj(Kit matter, no part of it shall be deemed to be impliedly repealed by subsequent legislation if such construction can reasonably be avoided. § 28:1—105. Territorial application of this subtitle; parties' power to choose applicable law (1) Except as provided hereafter in this section, when a transaction bears a reasonable relation to the District and also to a state or nation the parties may agree that the law either of the District or of such state or nation shall govern their rights and duties. Failing such agreement this subtitle applies to transactions bearing an appropriate relation to the District. (2) Where one of the following provisions of this subtitle specifies the applicable law, that provision governs and a contrary agreement is effective only to the extent permitted by the law (including the conflict of laws rules) so specified: Rights of creditors against sold goods. Section 28:2—402. Applicability of the article on bank deposits and collections. Section 28:4—102.

631

citation of title.

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PUBLIC LAW 88-243-DEC. 30, 1963

[77 STAT.

Bulk transfers subject to the article on bulk transfers. Section 28:6—102. Applicability of the article on investment securities. Section 28:8—106. Policy and scope of the article on secured transactions. Sections 28:9—102 and 28:9—103. §28:1—106. Remedies to be liberally administered (1) The remedies provided by this subtitle shall be liberally administered to the end that the aggrieved party may be put in as good a position as if the other party had fully performed but neither consequential or special nor penal damages may be had except as specifically provided in this subtitle or by other rule of law. (2) Any right or obligation declared by this subtitle is enforceable by action unless the provision declaring it specifies a different and limited effect. § 28:1--107. Waiver or renunciation of claim or right after breach Any claim or right arising out of an alleged breach can be discharged in whole or in part without consideration by a written waiver or renunciation signed and delivered by the aggrieved party. §28:1—108. Severability If any provision or clause of this subtitle or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this subtitle which can be given effect without the invalid provision or application, and to this end the provisions of this subtitle are declared to be severable. § 28:1—109. Section captions Section captions are parts of this subtitle. PART 2—GENERAL DEFINITIONS A N D PRINCIPLES OF INTERPRETATION §28:1—201. General definitions Subject to additional definitions contained in the subsequent articles of this subtitle which are applicable to specific articles or parts thereof, and unless the context otherwise requires, in this subtitle: (1) "Action" in the sense of a judicial proceeding includes recoupment, counterclaim, set-off, suit in equity and any other proceedings in which rights are determined. (2) "Aggrieved party" means a party entitled to resort to a remedy. (3) "Agreement" means the bargain of the parties in fact as found in their language or by implication from other circumstances including course of dealing or usage of trade or course of performance as provided in this subtitle (sections 28:1—205 and 2—208). Whether an agreement has legal consequences is determined by the provisions of this subtitle, if applicable; otherwise by the law of contracts (section 28:1—103). (Compare "Contract".) (4) "Bank" means any person engaged in the business of banking. (5) "Bearer" means the person in possession of an instrument, document of title, or security payable to bearer or indorsed in blank. (6) "Bill of lading" means a document evidencing the receipt of goods for shipment issued by a person engaged in the business of trans porting or forwarding goods, and includes an airbill. "Airbill" means a document serving for air transportation as a bill of lading does for marine or rail transportation, and includes an air consignment note or air waybill.

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PUBLIC LAW 88-243-DEC. 30, 1963

(7) "Brancli"' includes a separately incorporated foreign branch of a bank. (8) "Burden of establishing" a fact means the burden of persuading the triers of fact that the existence of the fact is more probable than its non-existence. (9) "Buyer in ordinary course of business means a person who in good faith and without knowledge that the sale to him is in violation of the ownership rights or security interest of a third party in the goods buys in ordinary course from a person in the business of selling goods of that kind but does not include a pawnbroker. "Buying" may be for cash or by exchange of other property or on secured or unsecured credit and includes receiving goods or documents of title under a preexisting contract for sale but does not include a transfer in bulk or as security for or in total or partial satisfaction of a money debt. (10) "Conspicuous: A term or clause is conspicuous when it is so written that a reasonable person against whom it is to operate ought to have noticed it. A printed heading in capitals (as: N O N NEGOTIABLE B I L L OF LADING) is conspicuous. Language in the body of a form is "conspicuous" if it is in larger or other contrasting type or color. But in a telegram any stated term is "conspicuous". Whether a term or clause is "conspicuous" or not is for decision by the court. (11) "Contract" means the total legal obligation which results from the parties' agreement as affected by this subtitle and any other applicable rules of law. (Compare "Agreement".) (12) "Creditor" includes a general creditor, a secured creditor, a lien creditor and any representative of creditors, including an assignee for the benefit of creditors, a trustee in bankruptcy, a receiver in equity and an executor or administrator of an insolvent debtor's or assignor's estate. (13) "Defendant" includes a person in the position of defendant in a cross-action or counterclaim. (14) "Delivery" with respect to instruments, documents of title, chatt-el paper or securities means voluntary transfer of possession. (14a) "District" means the District of Columbia; and "state" includes the District. (15) "Document of title" includes bill of lading, dock warrant, dock receipt, warehouse receipt or order for the delivery of goods, and also any other document which in the regular course of business or financing is treated as adequately evidencing that the person in possession of it is entitled to receive, hold and dispose of the document and the goods it covers. To be a document of title a document must purport to be issued by or addressed to a bailee and purport to cover goods in the bailee's possession which are either identified or are fungible portions of an identified mass. ^16) "Fault" means wrongful act, omission or breach. (17) "Fungible" with respect to goods or securities means goods or securities of which any unit is, by nature or usage of trade, the equivalent of any other like unit. Goods which are not fungible shall be deemed fungible for the purposes of this subtitle to the extent that mider a particular agreement or document unlike units are treated as equivalents. (18) "Genuine" means free of forgery or counterfeiting. (19) "Good faith" means honesty in fact in the conduct or transaction concerned. (20) "Holder" means a person who is in possession of a document of title or an instilment or an investment security drawn, issued or indorsed to him or to his order or to bearer or in blank.

633

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[77 STAT.

(21) To "honor" is to pay or to accept and pay, or where a credit so engages to purchase or discount a draft complying with the terms of the credit. (22) "Insolvency proceedings" includes any assignment for the benefit of creditors or other proceedings intended to liquidate or rehabilitate the estate of the person involved. (23) A person is "insolvent" who either has ceased to pay his debts in the ordinary course of business or cannot pay his debts as they become due or is insolvent within the meaning of the federal bankruptcy law. (24) "Money" means a medium of exchange authorized or adopted by a domestic or foreign government as a part of its currency. (25) A person has "notice" of a fact when (a) he has actual knowledge of it; or (b) he has received a notice or notification of it; or (c) from all the facts and circumstances known to him at the time in question he has reason to know that it exists. A person "knows" or has "knowledge" of a fact when he has actual knowledge of it. "Discover" or "learn" or a word or phrase of similar import refers to knowledge rather than to reason to know. The time and circumstances under which a notice or notification may cease to be effective are not determined by this subtitle. (26) A i^erson "notifies" or "gives" a notice or notification to another by taking such steps as may be reasonably required to inform the other in ordinary course whether or not such other actually comes to know of it. A person "receives" a notice or notification when (a) it comes to his attention; or (b) it is duly delivered at the place of business through which the contract was made or at any other place held out by him as the place for receipt of such communications. (27) Notice, knowledge or a notice or notification received by an organization is effective for a particular transaction from the time when it is brought to the attention of the individual conducting that transaction, and in any event from the time when it would have been brought to his attention if the organization had exercised due diligence. An organization exercises due diligence if it maintains reasonable routines for communicating significant information to the person conducting the transaction and there is reasonable compliance with the routines. Due diligence does not require an individual acting for the organization to communicate information unless such information is part of his regular duties or unless he has reason to know of the transaction and that the transaction would be materially affected by the information. (28) "Organization" includes a corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, two or more persons having a joint or common interest, or any other legal or commercial entit5^. (29) "Party", as distinct from "third party", means a person who has engaged in a transaction or made an agreement within this subtitle. (30) "Person" includes an individual or an organization (see section 28:1—102). (31) "Presumption" or "presumed" means that the trier of fact nmst find the existence of the fact presumed unless and until evidence is introduced which would support a finding of its nonexistence. (32) "Purchase" includes taking by sale, discount, negotiation, mortgage, pledge, lien, issue or re-issue, gift or any other voluntary transaction creating an interest in property. (33) "Purchaser" means a person who takes by purchase. (34) "Remedy" means any remedial right to which an aggrieved party is entitled with or without resort to tribunal.

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(35) ''Represeiitative'" includes an agent, an officer of a corporation or association, and a trustee, executor or administrator of an estate, or any other person empowered to act for another. (36) "Rights"' includes remedies. (37) "Security interest" means an interest in personal property or fixtures which secures payment or performance of an obligation. The retention or reservation of title by a seller of goods notwithstanding shipment or delivery to the buyer (section 28:2-401) is limited in ejffect to a reservation of a "security interest". The term also includes any interest of a buyer of accounts, chattel paper, or contract rights which is subject to article 9. The special property interest of a buyer of goods on identification of such goods to a contract for sale under section 28:2—401 is not a "security interest", but a buyer may also acquire a "security interest" by complying with article 9. Unless a lease or consignment is intended as security, reservation of title thereunder is not a "security interest" but a consignment is in any event subject to the provisions on consignment sales (section 28:2—326). Whether a lease is intended as security is to be determined by the facts of each case; however, (a) the inclusion of an option to purchase does r:ot of itself make the lease one intended for security, and (b) an agreement that upon compliance with the terms of the lease the lessee shall l>ecome or has the option to become the owner of the property for no additional consideration or for a nominal consideration does make the lease one intended for security. (38) "Send" in connection with any writing or notice means to (lei30sit in the mail or deliver for transmission by any other usual means of communication with postage or cost of transmission provided for and properly addressed and in the case of an instrument to an address specified thereon or otherwise agreed, or if there be none to any address reasonable under the circumstances. The receipt of any writing or notice within the time at which it would have arrived if properly sent has the effect of a proper sending. (39) "Signed" includes any symbol executed or adopted by a party with present intention to authenticate a writing. (40) "Surety" includes guarantor. (41) "Telegram" includes a message transmitted by radio, teletype, cable, any mechanical method of transmission, or the like. (42) "Term" means that portion of an agreement which relates to a particular matter. (43) "Unauthorised" signature or indorsement means one made without actual, implied or apparent authority and includes a forgery. (44) "Value". Except as otherwise provided with respect to negotiable instruments and bank collections (sections 28:3—303, 28:4—208 and 28:4—209) a person gives "value" for rights if he acquires them (a) in return for a binding commitment to extend credit or for the extension of immediately available credit whether or not drawn upon and whether or not a charge-back is provided for in the event of difficulties in collection; or (b) as security for or in total or partial satisfaction of a preexisting claim; or (c) by accepting delivery pursuant to a pre-existing contract for purchase; or (d) generally, in return for any consideration sufficient to support a simple contract. (45) "Warehouse receipt" means a receipt issued by a person engaged in the business of storing goods for hire. (46) "Written" or "writing" includes printing, typewriting or any other intentional reduction to tangible form.

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§ 28:1—202. Prima facie evidence by third party documents A document in due form purporting- to be a bill of lading, policy or certificate of insurance, official weigher's or inspector's certificate, consular invoice, or any other document authorized or required by the contract to be issued by a third party shall be prima facie evidence of its own authenticity and genuineness and of the facts stated in the document by the third party. §28:1—203. Obligation of good faith Every contract or duty within this subtitle imposes an obligation of good faith in its performance or enforcement. §28:1—204. Time; reasonable time; "seasonably" (1) Whenever this subtitle requires any action to be taken within a reasonable time, any time which is not manifestly unreasonable may be fixed by agreement. (2) What is a reasonable time for taking any action depends on the nature, purpose and circumstances of such action. (3) An action is taken "seasonably" when it is taken at or within the time agreed or if no time is agreed at or within a reasonable time. §28:1—205. Course of dealing and usage of trade (1) A course of dealing is a sequence of previous conduct between the parties to a particular transaction which is fairly to be regarded as establishing a common basis of understanding for interpreting their expressions and other conduct. (2) A usage of trade is any practice or method of dealing having such regularity of observance m a place, vocation or trade as to justify an expectation that it will be observed with respect to the transaction in question. The existence and scope of such a usage are to be proved as facts. If it is established that such a usage is embodied in a written trade code or similar writing the interpretation of the writing is for the court. (3) A course of dealing between parties and any usage of trade in the vocation or trade in which they are engaged or of which they are or should be aware give particular meaning to and supplement or qualify terms of an agreement. (4) The express terms of an agreement and an applicable course of dealing or usage of trade shall be construed wherever reasonable as consistent with each other; but when such construction is unreasonable express terms control both course of dealing and usage of trade and couree of dealing controls usage of trade. (5) An applicable usage of trade in the place where any p a i t of {performance is to occur shall be used in interpreting the agreement as to that pait of the performance. (6) Evidence of a relevant usage of trade ofi'ered by one party is not admissible unless and until he has given the other party such notice as the court finds sufficient to prevent unfair surprise to the latter. §28:1—^206. Statute of frauds for kinds of personal property not otherwise covered (1) Except in the cases described in subsection (2) of this section a contract for the sale of j^ersonal jjroperty is not enforceable by way of action or defense beyond five thousand dollars in amount or value of remedy unless there is some writing which indicates that a contract for sale lias been made between the parties at a defined or stated price, reasonably identifies the subject matter, and is signed by the party against whom enforcement is sought or by his authorized agent. (2) Subsection (1) of this section does not apply to contracts for the sale of goods (section 28:2—201) nor of securities (section 28:8— 319) nor to security agreements (section 28:9—203).

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§28:1—207. Performance or acceptance under reservation of rights A party who with explicit reservation of rights performs or promises performance or assents to performance m a manner demanded or offered by the other party does not thereby prejudice the rights reserved. Such words as "without prejudice", "under protest" or the like are sufficient. § 28:1—^208. Option to accelerate at will A term providing that one party or his successor in interest may accelerate payment or performance or require collateral or additional collateral ' a t will" or ''when he deems himself insecure" or in words of similar import shall be construed to mean that he shall have power to do so only if he in good faith believes that the prospect of payment or performance is impaired. The burden of establishing lack of good faith is on the party against whom the power has been exercised.

ARTICLE 2—SALES PART 1—SHORT TITLE, (GENERAL CONSTRUCTION AND SUBJECT MATTER

Sec. 28:2—101. Short title. 28:2—102. Scope; certain security and other transactions excluded from this article. 28:2—103. Definitions and index of definitions. 28:2—104. Definitions: " M e r c h a n t "; "between m e r c h a n t s "; "financing agency". 28:2—105. Definitions: transferability; "goods"; "future" goods; "lot"; "commercial unit". 28:2—106. Definitions: "contract"; "agreement"; "contract for sale"; " s a l e "; "present s a l e "; "conforming" to contract; " termination "; "cancellation". 28:2—107. Goods to be severed from r e a l t y: recording. P A R T 2 — FOR M, FORMATION AND R E ADJUSTMENT OF CONTRACT

28:2—201. 28:2—^202. 28:2—203. 28:2—204. 28:2—205. 28:2—206. 28:2—207. 28:2—208. 28:2—209. 28:2—210.

For m a l requirements; statute of frauds. F i n a l w r i t t e n expression; parol or extrinsic evidence. Seals inoperative. Formation in general. F i r m offers. Offer and acceptance in formation of contract. Additional terms in acceptance or confirmation. Course of performance or practical construction. Modification, rescission and waiver. Delegation of performance; assignment of rights.

P A R T 3—GENERAL OBLIGATION AND CONSTRUCTION OF CONTRACT

28:2—301. 28:2—302. 28:2—303. 28:2—304. 28:2—^05. 28:2—306. 28:2—307. 2&:2—308. 28:2—309. 28:2—310. 28:2—311. 28:2—312. 28:2—313. 28:2—314. 28:2—315. 28:2—316. 28:2—317.

General obligations of parties. Unconscionable contract or clause. Allocation or division of risks. Price payable in money, goods, realty, or otherwise. Open price term, Output, requirements and exclusive dealings. Delivery in single lot or several lots. Absence of specified place for delivery. Absence of specific time provisions; notice of termination. Open time for payment or running of c r e d i t; authority to ship under reservation. Options and cooperation respecting performance. W a r r a n t y of title and against infringement; buyer's obligation against infringement. E x p r e s s w a r r a n t i e s by afiirmation, promise, description, sample. Implied w a r r a n t y: merchaBtability; usage of trade. Implied w a r r a n t y: fitness for part i c u l a r purpose. Exclusion or modification of w a r r a n t i e s. Cumulation and conflict of w a r r a n t i e s express or implied.

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ARTICLE 2—SALES—Continued PABT 3—GENERAL OBLIGATION AND CONSTRUCTION OF CONTRACT—Continued

Sec. 28:2—318. 28:2—319. 28:2—320. 28:2—321. 28:2—322. 28:2—323. 28:2—324. 28:2—325. 28:2—^326. 28:2—327. 28:2—328.

T h i r d party beneficiaries of w a r r a n t i e s express or implied. F.O.B. and F.A.S. term s. C.I.F. and C. & F. term s. C.I.F. or C. & F.: "net landed w e i g h t s "; "payment on a r r i v a l "; w a r r a n t y of condition on a r r i val. Delivery "ex-ship". For m of bill of lading required in overseas s h i p m e n t; "overseas". "No a r r i v a l, no sale" term. "Letter of credit" term; "confirmed credit". Sale on approval and sale or r e t u r n; consignment sales and r i g h t s of creditors. Special incidents of sale on approval and sale or r e t u r n. Siale by auction. P A R T 4—^TITLE, CREDITORS AND GOOD F A I T H PURCHASERS

28:2—401. P a s s i n g of title; reservation for s e c u r i t y; limited application of t h i s section. 28:2—402. Rights of seller's creditors against sold goods. 28:2—403. Power to transfer; good faith purchase of goods; "entrusting". P A R T 5—PERFORMANCE

28:2—501. 28:2—502. 28:2—503. 28:2—564. 28:2—505. 28:2—506. 28:2—507. •28:-2—508. 28:2—509. 28:2—510. 28:2—511. 28:2—512. 28:2—513. 28:2—514. 28:2—515.

I n s u r a b l e interest in goods; m a n n e r of identification of goods. Buyer's right to goods on seller's insolvency. Manner of seller's tender of delivery. Shipment by seller. Seller's shipment under reservation. Rights of financing agency. Effect of seller's t e n d e r; delivery on condition. Cure by seller of improper tender or d e l i v e r y; replacement. Risk of loss in the absence of breach. Effect of breach on risk of loss. Tender of payment.by b u y e r; payment by check. Payment by buyer before inspection. Buyer's r i g h t to inspection of goods. W h e n documents deliverable on acceptance; when on payment. Preserving evidence of goods in dispute. PART 6 — B R E A C H, REPUDIATION AND E X C U S E

28:2—601. Buyer's rights on improper delivery. 2,8,;2—602. JVIanner,and effect of rightful rejection. ^ 28:2—603. Merchant buyer's duties as to rightfully rejected goods. 28:2—604. B u y e r ' s options a s to salvage of rightfully rejected goods. 28:2—605. Waiver of buyer's objections by failure to particularize. 28:2—606. W h a t constitutes acceptance of goods. 28:2—607. Effect of a c c e p t a n c e; notice of b r e a c h; b u r d e n of establishing breach after a c c e p t a n c e; notice of claim or litigation to person answerable over. 28:2—608. Revocation of acceptance in whole or in part. 28:2—609. Right to adequate assurance of performance. 28:2—610. Anticipatory repudiation. 28:2—611. Retraction of anticipatory repudiation. 28:2—612. " Installment contract "; breach. 28:2—613. Casualty to identified goods. 28:2—614. Substituted performance, 28:2—615. Excuse by failure of presupposed conditions. 28:2—616. Procedure on notice claiming excuse. PART 7 — R E M E D I E S

28:2—701. 28:2—702. 28:2—703. 28:2—704.

Remedies for breach of collateral contracts not impaired. Seller's remedies on discovery of buyer's insolvency. Seller's remedies in general. Seller's r i g h t to identify goods to the contract notwithstanding breach or to salvage, unfinished goods.

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