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§ 16-1362. Fixing date for new t r i a l; new jurors If a verdict rendered pursuant to section 16-1361, or any award contained therein, is set aside or vacated, the court shall— (1) grant a new trial with respect to the property as to which the verdict or award is set aside or vacated; (2) fix a date for the new trial; and (3) order a new panel of prospective jurors to be drawn, certified, or summoned as provided by section 16-1357. The court shall tlien proceed with the cause as if a verdict or award had not been rendered. § 16-1363. J u d g m e n t Judgment upon a verdict returned pursuant to section 16-1361 or any award contained therein shall be entered against the United States in favor of the parties entitled for the sums awarded as just compensation, respectively, for the property condemned for the use of the United States. § 16-1364. Force and effect of j u d g m e n t; payment A final judgment rendered against the United States pursuant to this subchapter has like force and effect as a money judgment rendered against the United States by the Court of Claims in a suit in respect of which the United States has expresslj^ consented to be sued. The amount of the final judgment shall be paid out of any specific appropriation applicable to the case. If a specific appropriation does not exist, the judgment shall be paid in the same manner (except with respect to interest) as judgments rendered by the Court of Claims in cases under its general jurisdiction. §16-1365. A p p e a l; deficiency j u d g m e n t A party aggrieved by a final judgment in a proceeding pursuant to this subchapter may appeal therefrom to the United States Court of Appeals for the District of Columbia Circuit. The appeal, or any bond or undertaking given therein, does not operate to prevent or delay the vesting of title to the property in the United States, but upon the filing of a declaration of taking, or, if a declaration of taking is not filed, upon payment to the party entitled, or deposit in the registry of the court, of the amount awarded by the judgment, title vests in the United States, saving to all parties their right to just compensation. If the compensation finally awarded and adjudged for the property exceeds the amount awarded and adjudged by the judgment appealed from, the court shall enter judgment for the deficiency with interest as provided by this subchapter. § 16-1366. Payment of compensation into c o u r t; vesting of title Payment into the registry of the court for the use of the parties entitled of the sum adjudged to be just compensation for the property to be condemned and taken, or for any parcel thereof, or any interest therein, pursuant to this subchapter, constitutes payment of the compensation. Upon the payment, the plaintiff is entitled to an order declaring that the title to the property in respect of which the compensation is so paid is vested in the United States of America. The money so paid into the registry of the court shall be deemed to be vested in the persons owning or interested in the property, according to their respective estates and interest, and the money shall take the place and stand in lieu of the property condemned. The court, upon the application of the plaintiff or of any party in interest, may determine and direct who is entitled to receive payment of the money so paid into the registry, and, in its discretion, order a reference to the auditor of the court or a special master to ascertain the facts on which the determination and direction are to be made.

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§ 16-1367. Delivery of possession Where possession has not been awarded pursuant to a declaration of taking, and the adjudged compensation has been paid into the registry as directed by the judgment of the court and a certified copy of the judgment, with a certiiicate of the clerk of the court showing the payment, has been served upon the person in possession of the property, he shall, upon demand, deliver possession thereof to the plaintiff. If possession is not delivered when so demanded, the plaintiff may apply to the court without notice, unless the court requires notice to be given, for a writ of assistance, and the court, upon proof of the service of the copy of the final order or judgment and certificate of the clerk showing payment as referred to in this section, shall thereupon cause the writ to be issued, which shall be executed in the same manner as when issued in other cases for the delivery of possession of real property. § 16-1368. Additional powers of court Where the mode or manner*of conducting a proceeding pursuant to this subchapter is not expressly provided for by law or rules of court in force under authority of law,- the court may make all necessary orders and give all necessary directions to carry into effect the object and intent of this subchapter or any other laws conferring authority to acquire real property for the use of the United States.

CHAPTER 15—FORCIBLE ENTRY AND DETAINER Sec 16-1501. 16-1502. 16-1503. 16-1504. 16-1505.

Definition; summons. Service of summons. Judgment and execution for possession. Certification to District Ck>urt upon plea of title; undertaking. Conclusiyeness of judgment.

§16-1501. Definition; summons When a person detains possession of real property without right, or after his right to possession has ceased, the District of Columbia Court of General Sessions, on complaint under oath verified by the person aggrieved by the detention, or by his agent or attorney having knowledge of the facts, may issue a summons to the party complained of to appear and show cause why judgment should not be given against him for the restitution of possession. § 16-1502. Service of summons The summons provided for by section 16-1501 shall be served seven days, exclusive of Sundays and legal holidays, before the day fixed for the trial of the action. If the defendant has left the District of Columbia, or cannot be found, the summons may be served by delivering a copy thereof to the t«nant, or by leaving a copy with some person above the age of sixteen years residing on or in posvsession of the premises sought to be recovered, and if no one is in actual possession of the premises, or residing thereon, by posting a copy of the sunmions on the premises where it may be conveniently read. § 16-1503. Judgment and execution for possession When, upon a trial in a proceeding pursuant to this chapter, it appears that the plaintiff is entitled to the possession of the premises, judjcrment and execution for the possession shall be awarded in his favor, with costs; and if the plaintiff becomes nonsuit or fails to prove his ri^ht to the possession, the defendant shall have judgment and execution for his costs.

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§16-1504. Certification to District Court upon plea of title; undertaking When, upon a trial in a proceeding pursuant to this chapter, the defendant pleads title to the premises, in himself or in another under whom he claims, setting forth the nature of the title, under oath, and enters into an undertaking, with sufficient surety, to be approved by the court, to pay all intervening damages and costs and reasonable intervening rent for the premises, the court shall certify the proceedings to the United States District Court for the District of Columbia, and the proceeding shall be further continued in the District Court according to its rules. § 16-1505. Conclusiveness of judgment A judgment of the District of Columbia Court of General Sessions in a proceeding pursuant to this chapter is not a bar to any afteraction brought Dy either party, and does not conclude any question of title between them, where title is not pleaded by the defendants.

CHAPTER 17—GAMING TRANSACTIONS Sec

16-1701. 16-1702. 16-1703. 16-1704.

Inyalidlty of gaming contracts. Recovery of losses at gaming. Relief from further penalty upon discovery and repayment of losses. Cheating at gambling.

§ 16-1701. Invalidity of gaming contracts (a) A thing in action, judgment, mortgage, or other security or conveyance made and executed by a person in which any part of the consideration is for money or other valuable thing won by playing at any game whatsoever, or by betting on the sides or hands of persons who play, or for the reimbursement or payment of any money knowingly lent or advanced for the purpose, or lent or advanced at the time and place of the play or bet, to a person so playing or betting or who, during the play, so plays or bets, is void except as provided by subsection (b) of this section. (b) If the mortgage, security, or other conveyance affects real property, it shall inure to the sole benefit of, and devolve upon, the persons who might have, or be entitled to, the property, as if the person who executed the instrument had died immediately after its execution, or as if the instrument had been made to the persons so entitled after the death of the person who executed it. A grant or conveyance made for the purpose of preventing the real property from coming to, or devolving upon, the persons intended by this section to enjoy the property as herein provided is fraudulent and void. (c) This section does not affect the validity of negotiable instruments embraced by chapters 1 to 10 of Title 28. § 16-1702. Recovery of losses at gaming A person who, at any time or sitting, by playing at cards, dice or any other game, or by betting on the sides or hands of persons who play, loses to a person so playing or betting, a sum of money, or other valuable thing, amounting to $25 or more, and pays or delivers the money or thing, or any part thereof, may, within three months after the payment or delivery, sue for and recover the money, goods or other valuable thing, so lost and paid or delivered, or any part thereof, or the full value thereof, by a civil action, from the winner thereof, with costs. If the person who loses the money or other thing, does not, within three months actually and bona fide, and without collusion, sue, and with effect prosecute, therefor, any person may sue for, and reoover treble the value of the money, goods, chattels and other things, with costs of suit, by a civil action against the winner, one-half to the use of the plaintiff, the remainder to the use of the District of Columbia.

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§ 16-1703. Relief from further penalty upon discovery and repayment of losses Upon the discovery and repayment of the money or other thing to be discovered and repaid as provided by section 16-1702, the person who so discovers and repays shall be acquitted, indemnified, and discharged from any further or other punishment, forfeituie, or penalty, that he may have incurred by the playing for, or winning, the money or other thing so discovered and repaid. § 16-1704. Cheating at gambling Whoever, at any one time or sitting, by fraud or false pretense, while playing at any game, or while having a share in a wager played for, or while betting on the sides or hands of persons who play, wins, or acquires to himself or to any other person, above the sum or value of $25, shall, upon conviction of the offense, forfeit five times the value of the sum of money or other thing so won, and shall be deemed infamous. The penalty prescribed by this section may be recovered in a civil action by the persons specified by, and in the manner provided by. section 16-1702.

CHAPTER 19—HABEAS CORPUS See. 16-1901. 16-1902. 16-1903. 16-1904. 16-1905. 16-1906. 16-1907. lft-1908. 16-1909.

Petition to District Court; issuance of writ. Service of writ; return. Suspected evasion or disobedience of writ; procedure. Forfeiture and penalty for failure to produce. Right to copy of commitment: forfeiture. Inquiry into cause of detention; bail; bond. Traversing return; pleading; witnesses. Right of other persons to writ. Construction of chapter.

§ 16-1901. Petition to District Court; issuance of writ A person committed, detained, confmed, or restrained from his lawful liberty within the District, under any color or pretense whatever, or a person in his behalf, may apply by petition to the United States District Court for the District of Columbia, or a judge thereof, for a writ of habeas corpus, to the end that the cause of the commitment, detainer, confinement, or restraint may be inquired into. The court or the judge applied to, if the facts set forth in the petition make a prima facie case, shall forthwith grant the writ, directed to the officer or other person in whose custody or keeping the party so detained is, returnable forthwith before the court or judge. § 16-1902. Service of writ; return A writ of habeas corpus issued pursuant to this chapter shall be served by delivering it to the officer or other person to whom it is directed, ox. by leaving it at the prison or place at which the party suin^ it out is detained. The officer or other person shall forthwith, or within such reasonable time as the court or judge directs: (1) make return of the writ and cause the person detained to be brought before the court or judge, according to the command of the writ; and (2) certify the true cause of his detainer or imprisonment, if any, and under what color or pretense he is confined or restrained of his liberty. § 16-1903. Suspected evasion or disobedience of writ: procedure On an application for a writ of habeas corpus, if probable cause is shown for believing that the person charged with confining or

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detaining the person applying therefor, or on whose behalf the application is made: (1) is about to remove the person so detained from the place where he is then detained, for the purpose of evading a writ of habeas corpus, or for other purposes; or (2) he would evade or not obey a writ of habeas corpus— the court or ]udge shall insert in the writ a clause commanding the United States marshal to serve the writ on the person to whom it is directed and cause him immediately to appear before the court or judge, together with the person so confined or detained. Thereupon, the marshal shall immediately carry those persons before the court or judge, and the court or judge shall proceed to inquire into the matter. § 16-1904. Forfeiture and penalty for failure to produce If an officer or other person to whom a writ of habeas corpus is directed neglects or refuses to: (1) make return of the writ; or (2 V bring the body of the person detained— according to the command of the writ, he shall forfeit to the person detained the sum of $500, and be liable to attachment and punishment as for a contempt. § 16-1905. Right to copy of commitment; forfeiture A person committed or detained, or a person in his behalf, may demand a true copy of the warrant of commitment or detainer. An officer or other person detaining a person, who refuses or neglects to deliver to him or to a person in his behalf a true copy of the warrant of commitment or detainer, if one exists,, within six hours after the demand, shall forfeit to the party so detained the sum of $500. § 16-1906. Inquiry into cause of detention; bail; bond On the return of a writ of habeas corpus issued pursuant to this chapter and the production of the person detained, the court or judge shall immediately inquire into the legality and propriety of the confinement or detention. If it appears that the person is detained without legal warrant or authority, the court or judge shall immediately release or discharge him. If the court or judge deems his detention to be lawful and proper, the court or judge shall remand him to the same custody, or, in a proper case, admit him to bail, if he is confined on a charge of having committed a bailable criminal offense. If he is bailed, the court or judge shall require a sufficient bond or recognizance to answer in the proper court, and transmit it to that court. § 16-1907. Traversing return; pleading; witnesses A person at whose instance or in whose behalf a writ of habeas corpus has been issued may traverse the return thereto, or plead any matters showing that there is not a sufficient legal cause for his confinement or detention. The court or judge may issue process for witnesses or for the production of papers, which shall be served and enforced in like manner as similar process issued in a cause pending in the court, if the court or judge is satisfied as to the materiality of the testimony proposed to be adduced. § 16-1908. Right of other persons to writ A person entitled to the custody of another person, unlawfully confined or detained by a third person, as a parent, guardian, committee, or husband, entitled to the custody of a minor child, ward, lunatic, or wife, upon application to the court or a judge as provided by this chapter, and showing just cause therefor, under oath, is entitled to a writ of habeas corpus, directed to the person confining or detaining, requiring him forthwith to appear and produce before the court

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or judge the person so detained, and the same proceedings shall be had in relation thereto as provided for by this chapter. The court or judge, upon hearing the proofs, shall determine which of the contesting parties is entitled to the custody of the person so detained, and commit the custody of the person to the party legally entitled thereto. § 16-1909. Construction of chapter This chapter does not affect any provision of chapter 153 of Title 28, United States Code.

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CHAPTER 21—JOINT CONTRACTS See. 16-2101. 16-2102. 16-2103. 16-2104. 16-2105. 16-2106.

2255.

Definition of Joint and several contracts. Death of party to the contract. Extinguishment or merger of cause of action. Death after action brought; legal representatives. Proof of joint liability unnecessary; judgment. Separate composition or compromise.

§ 16-2101. Definition of joint and several contracts For the purposes of action thereon, a contract or obligatipn entered into by two or more persons, whether: (1) the persons are partners or joint contractors; (2) the contract is under seal or not; (3) it is written or verbal; or (4) it is expressed to be joint and several or not— is deemed to be joint and several. § 16-2102. Death of party to the contract If a person specified by section 16-2101 dies, his executors, administrators, or heirs are bound by the contract in the same manner and to the same extent as if the contract or obligation were expressed to be joint and several. § 16-2103. Extinguishment or merger of cause of action Where, with respect to a contract specified by section 16-2101, an action is brought against: (1) all the parties thereto, but service of process is had on some, only, of the defendants; or (2) some, only, of the parties thereto, and service of process is had on them only— a judgment against the parties so served does not work an extinguishment or merger of the cause of action on which the judgment is founded as respects the parties not so served. They shall remain liable to be sued separately. § 16-2104. Death after action brought; legal representatives When one of several defendants in an action dies after the commencement of the action, his legal representatives may be made parties to the action as directed by chapter 1 of Title 12. § 16-2105. Proof of joint liability unnecessary; judgment In actions ex contractu against alleged joint debtors it is not necessary for the plaintiff to prove their joint liability as alleged in order to maintain his action. He is entitled to recover, as in actions ex delicto, against such of the defendants as are shown by the evidence to be jointly indebted to him, or against one only, if he alone is shown to be indebted to him, and judgment shall be rendered as if the others had not been joined in the action. § 16-2106. Separate composition or compromise Any one of several joint debtors, when their debt is overdue, may make a separate composition or compromise with their creditors, with the same effect as is provided in the case of parties by chapter 2 of Title 4 1.

31 Stat. 141.4.

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CHAPTER 23—JUVENILE COURT PROCEEDINGS SUBCHAPTER I—JUVENILE DELINQUENCT PROCEEDINGS AND RELATED MATTERS Sec. 16-2301. Definitions. 16-2302, Information regarding child; investigation; petition; contents. 16-2303. Summons; notice; custody of chiid. 16-2304. Service of summons; time of hearing. 16-2305. Failure to obey summons; contempt; warrant. 16-2306. Taking child into custody; release to custody of parent, guardian, custodian, or probation oflScer; limitation or detention. 16-2307. Hearing; exclusion of public; jury trial. 16-2308. Determination and order of Court. 16-2309. Modification or revocation of order; petition; return of child, or other action. 16-2310. Appointment of guardian; custody as between parents. 16-2311. Protection of religious affiliations. 16-2312. Physical and mental examinations of children. 16-2313. Place of detention of children. 16-2314. Applicability to adult cases; offenses and penalties; Jury trial. 16-2315. Finality of judgments. 16-2316. Construction and purpose. SUBCHAPTER II—PATERNITY PROCEEDINGS 16-2341. 16-2342. 16-2343. 16-2344. 16-2345. 16-2346. 16-2347. 16-2348. 16-2349. 16-2350. 16-2351. 16-2352, 16-2353. 16-2354, 16-2355, 16-2356.

Definitions. Party plaintiff; information. Time of briugtug complaint. Commencement of proceeding; complaint. Apprehension of accused. Bond; commitment; right to Jury triaL Blood tests. Exclusion of public. Judgment. Support payments. Voluntary agreement for support; approval; order of court; exclusion of other remedies. Death of defendant; liability of estate. New birth record upon marriage of natural parents. Reports to Director of Public Health. ApFilicahiiity of sections relating to desertion or nonsupport. Construction. SUBCHAPTER III—MISCELLANEOUS PROVISIONS

16-2381. Payments for support and maintenance under section 22-903 to 22-906; voluntary payments; disbursement. 16-2382. Jury. 16-2383, Suspension of imposition or execution of sentence, 16-2384, Fees prohibited.

Subchapter I—Juvenile Delinquency Proceedings and Related Matters § 1&-2301. Definitions As used in this subchapter: "adult" means a person 18 years of age or older; and "child" means a person under 18 years of age. §16-2302. Information regarding child; investigation; petition; contents When a person gives to the Director of Social Work of the Juvenile Court of the District of Columbia, or other ojficer of the court duly designated as his representative, information in his possession that a child is within the provisions of section 11-1551, a duly designated officer of the court shall make preliminary investigation to determine whether the interests of the public or of the child recfuire that further action be taken, and report his finding, together with a statement of the facts, to the Director of Social Work. When practicable, the in-

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quiry shall include a preliminary investigation of the home and environmental situation of the child, his previous history, and the circumstances that were the subject of the information. Vhen the Director of Social Work Hnds that jurisdiction should be acquired, he shall, after consultation with and approval by the corporation counsel or his assistant assigned to the court, authorize a petition to be filed. "Where the Director fails so to find, the person giving information to the Director may present the facts to the corporation counsel or his assistant, who, after investigation by an oflSicer of the court as herein provided, may authorize a petition to be filed. The proceedings shall be entitled, " I n the matter of, a child under eighteen years of age." The petition shall be verified by the officer making the investigation, or other person having personal knowledge of the case, and shall allege briefly the facts which bring the child within the provisions of section 11-1551, and shall state the name, age, and residence of (1) the child; (2) his parents; (3) his legal guardian, if there be one; (4) the person or persons having custody or control of the child; and (5) the nearest known relative, if no parent or guardian can be found. When any of the facts herein required are not known by the petitioner the petition shall so state. §16-2303. Summons; notice; custody of child After a petition has been filed pursuant to section 16-2302, unless the parties hereinafter named voluntarily appear, the court shall issue a summons reciting briefly the substance of the petition, and requiring the person or persons who have custody or control of the child to appear personally and bring the child before the court at a time and place stated. Where the person so summoned is other than the parent or guardian of the child, the parent or guardian or both shall also be notified of the pendency of the case and of the time and place appointed, by personal service before the hearing, except as hereinafter provided. If the child is married, the other spouse shall also be so notified. Summons may be issued requiring the appearance of any other person whose presence is necessary. Where it appears that the child is in such condition or surroundings that his welfare requires that his custody be immediately assumed by the court, the court may cause to be endorsed upon the summons an order that the officer serving it shall at once take the child into custody. § 16-2304. Service of summons; time of hearing Service of summons issued pursuant to section 16-2303 shall be made personally by the delivery of a true and attested copy to the erson summoned. Where reasonable but unsuccessful efforts have een made to make personal service of summons or notice and it appears that it is impracticable to do so, the court may order service of summons or notice by re^stered mail to the last-known address or by publication, or both, as it deems necessary. I t is sufficient to confer jurisdiction if service is effected at any time before the date fixed in the summons for the return thereof, but, on request of the parent or guardian or person having custody of the child, the hearing on the petition may not take place until three days after service of the summons. ^ The United States marshal for the District of Columbia or his deputy shall execute the orders and processes of the Court in the same manner as he executes those of the United States District Court for

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the District of Columbia, and shall designate at least one of his deputies to serve at the court, where he shall perform such services as the judge requires. § 16-2305. Failure to obey summons; contempt; warrant When a person summoned as provided by sections 16-2303 and 162304, without reasonable cause, fails to appear, he may be proceeded against for contempt of court. When the summons can not be served, or the parties served fail to obey it, or the welfare of the child requires that he be brought forthwith into the custody of the court, a warrant may be issued against the parent or guardian or against the child himself. § 16-2306. Taking child into custody; release to custody of parent, guardian, custodian, or probation officer; limitation on detention (a) When an officer takes a child into custody, he shall, unless it is impracticable or has been otherwise ordered by the court, accept the written promise of the parent, guardian, or custodian to bring the child to the court at the time fixed. Thereupon, the child may be released in the custody of a parent, guardian, or custodian. If not so released, the child shall be placed in the custody of a probation officer or other person designated by the court, or taken inimediately to the court or to a place of detention provided by the Board of Commissioners of the District of Columbia or its authorized representative, and the officer taking him shall immediately notify the court and shall file a petition when directed to do so by the court. (b) A child whose custody has been assumed by the court may, pending final disposition of the case, be released by the court in the custody of a parent, guardian, or custodian, or of a probation officer or other person appointed by the court, to be brought before the court at the time designated. WTien not released as herein provided, the child, pending the hearing of the case, shall be detained in a place of detention provided by the Board of Commissioners of the District of Columbia or its authorized representative, subject to further order of the court. (c) This subchapter does not forbid a peace officer, police officer, or probation officer from immediately taking into custody a child: (1) who is found violating a law or ordinance; or (2) who is reasonably beheved to be a fugitive from his parents or from justice; or (3) whose surroundings are such as to endanger his health, morals, or safety, unless immediate action is taken. I n a case specified by this subsection, the officer taking the child into custody shall immediately report the fact to the court and the case shall then be proceeded with as provided by this subchapter and chapter 15 of Title 11. A child so taken into custody may not be held in a place of detention for a period longer than five days, excluding Sundays and holidays, unless the court orders him detained for a further period. § 16-2307. Hearing; exclusion of public; jury trial The court may conduct a hearing pursuant to this subchapter in an informal manner, and may adjourn the^ hearing from time to time. The general public shall be excluded from the hearing and only such persons as have a direct interest in the case and their representatives may be admitted except that the judge presiding at the hearing, by rule of court or special order, may admit such other persons as he deems to have a legitimate interest in the case or the work of the court. Cases involving children may be heard separately and apart from the trial of cases against adults. The court shall hear and deter-

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mine all cases of children without a jury unless a jury is demanded by the child, his parent, guardian, or the court. § 16-2308. Determination and order of the Court (a) When the court finds that the child comes within the provisions of this subchapter and section 11-1551, it may by order duly entered: (1) place the child on probation or under supervision in his own home or in the custody of a relative or other fit person, upon such terms as the court determines; (2) commit the child to the Bbard of Commissioners of the District of Columbia or its authorized representative; or to the National Training School for Boys if in need of such care as is given in the school; or to a qualified suitable private institution or agency willing and able to assume the education, care, and maintenance of the child without expense to the public; or (3) make such further disposition of the child as may be provided by law and as the court deems to be best for the best interests of the child. Paragraphs (1), (2), and (3) of this subsection do not authorize the removal of the child from the custody of his parents unless his welfare and the safety and protection of the public can not be adequately safeguarded without the removal. (b) In committing a child to custody other than that of its parent, the court may, after giving the parent a reasonable opportunity to be heard, adjudge that the parent shall pay in such manner as the court directs a sum that will cover in whole or in part the support of the child. If the parent willfully fails or refuses to pay the sum, he may be proceeded against as provided by law for cases of desertion or tailure to provide subsistence. (c) When the court commits a child to an institution or agency, it shall transmit with the order of commitment a summary of its information concerning the child. (d) An adjudication upon the status of a child in the jurisdiction of the court does not operate to impose any of the civil disabilities ordinarily imposed by conviction, and a child is not deemed a criminal by reason of an adjudication. An adjudication is not deemed a conviction of a crime, and a child may not be charged with or convicted of a crime in any court, except as provided by section 11-1553. The disposition made of a child, or evidence given in the court, is not admissible as evidence against the child in any case or proceeding in any other court, and the disposition, or evidence, or adjudication, does not operate to disqualify a child in any future civil-service examination, appointment, or application for public service under either the Government of the United States or of the District of Columbia. § 16-2309. Modification or revocation of order; petition; return of child, or other action An order of commitment or probation made by the court in the case of a child may be modified or revoked by the court from time to time. A parent, guardian, or next friend of a child who has been committed by the court to the custody of an institution, agency, or person, may at any time file with the court a verified petition, making application for modification or revocation of an order of commitment or probation, stating that the institution, agency, or person has denied application for the release of the child or has failed to act upon the application within a reasonable time. When the court is of the opinion that an investigation should be had, it may, upon due notice to all concerned, proceed to hear and determine the question at issue. I t may

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thereupon order that the child be restored to the custody of its parent or guardian, or be retained in the custody of the institution, agency, or person; and may direct the institution, agency, or person to make such other arrangements for the child's care and welfare as the circumstances of the case require; or the court may make a further order or commitment. § 16-2310. Appointment of g u a r d i a n; custody a s between p a r e n t s When in the course of a proceeding instituted pursuant to this subchapter it appears to the court that the welfare of a child will be promoted by the appointment of a relative or other suitable individual as guardian of its person, when the child is not committed to an institution or to the custody of an incorporated society, the court has jurisdiction to make the appointment either upon the application of the child or some relative or next friend or upon the court's own motion. The court may issue an order to show cause, which shall be served upon the parent or parents or custodian of the child in such manner and for such time prior to the hearing as the court deems reasonable. I n a case arising pursuant to this subchapter, the court may also determine as between parents whether the father or the mother shall have the custody and control of the child. § 16-2311. Protection of religious affiliations I n placing a child under guardianship or custody other than that of its parent, the court, when practicable, shall select a person, or an institution or agency governed by persons, of like religious faith as that of the parents of the child, or in case of a difference in the religious faith of the parents, then of the religious faith of the child, or if the religious faith of the child is not ascertained, then of either of the parents. § 16-2312. Physical and mental examinations of children The court may cause a child coming under its jurisdiction to be examined by a physician, psychiatrist, or psychologist appointed by it. § 16-2313. Place of detention of children (a) Except as provided by subsection (b) of this section, a child may not be placed in or committed to any prison, jail, or lockup, or be taken into custody, detained, or transferred from place to place, where he may be brought in contact or communication with an adult convicted of crime or under arrest and charged with crime. (b) A child 16 years of age or older, whose habits or conduct are deemed such as to constitute a menace to other children, may, with the consent of a judge or Director of Social Work, be placed in a jail or other place of detention for adults, but in a room or ward separate from adults. (c) The Board of Commissioners of the District of Columbia or its authorized representative shall make adequate provision for the temporary detention of children within its jurisdiction in a detention home or in boarding homes selected for the purpose. § 16-2314. Applicability to adult cases; offenses and penalties; jury trial (a) All provisions of this subchapter relative to procedure in cases of children so far as practicable apply also to cases against adults arising under section 11-1551, 11-1554, 11-1555, or 11-1556, or any of the sections referred to in section 11-1557, with the consent of the defendant, or when not inconsistent with other provisions of law relating to the conduct of adult cases. Proceedings may be instituted upon complaint of an interested party or upon the court's own motion, and a reasonable opportunity to appear shall be afforded the respondent.

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The court may issue a summons, a warrant of arrest, or other process in order to secure or to compel the attendance of a necessary person, (b) Whoever, by act or omission, willfully causes, encourages, or contributes to a condition which would bring a child within the provisions of section 11-1551 or tends to cause such a condition, is guilty of a misdemeanor, and shall be fined not more than $200 or imprisoned not more than one year, or both. Upon the trial, the court may impose such sentence as the law provides, or may suspend sentence and place on probation, and by order impose upon the adult such duty as is deemed to be for the best interests of the child or other persons concerned. If an adult is charged with an offense for which he is entitled to a trial by jury, he shall be so tried unless he expressly waives his right to jury trial. § 16-2315. F i n a l i t y of j u d g m e n t s Except as provided by sections 11-741 (a)(3), 11-741 (b), 17-305 (a), 17-306 and 17-307(a), in all cases tried before the court pursuant to this subchapter, the judgment of the court is final. § 16-2316. Construction and purpose Sections 11-1551 to 11-1554, section 11-1583 (a)(1) and (a)(3), section 11-1584, section 11-1586 (a) - (d), and this subchapter shall be liberally construed so that, with respect to each child coming under the court's jurisdiction: (1) the child shall receive such care and guidance, preferably in his own home, as will serve his welfare and the best interests of the District; and (2) the child's family ties shall be conserved and strengthened whenever possible, and, except when his welfare or the safety and protection of the public can not be adequately safeguarded without his removal, he may not be removed from the custody of his parents; and (3) when the child is removed from his own family, the court shall secure for him custody, care, and discipline as nearly as possible equivalent to that which should have been given him by his parents. Subchapter II — P a t e r n i t y Proceedings §16-2341. Definitions As used in this subchapter: •'Corporation Counsel" has the meaning prescribed by section 11-1583 (b). "Director of Public Health" means the Board of Commissioners of the District of Columbia or the officer or agency designated by the Board to have jurisdiction of, control, direct, and supervise, matters relating to public health and vital statistics in the District; and "Metropolitan Police Department" means the Board of Commissioners of the District of Columbia or the agency designated by the Board to serve as the law enforcement agency for the District. §16-2342. Party plaintiff; information Proceedings pursuant to section 11-1555 and this subchapter shall be instituted in the Juvenile Court of the District of Columbia in the name of the District of Columbia, and prosecution upon information shall be by the Corporation Counsel for the District of Columbia or his assistants. § 16-2343. Time of bringing complaint Proceedings to establish paternity and provide for the support of a child born out of wedlock may be instituted after four months of

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pregnancy or within two years after the birth of the child, or within one year after the putative father has ceased making contributions for the support of the child. The time during which the defendant is absent from the jurisdiction shall be excluded from the computation of the time within which complaint may be filed. § 16-2344. Commencement of proceeding; complaint An unmarried woman who is at least four months pregnant or who has been delivered of a child born out of wedlock, or a married woman who is at least four months pregnant with a child, which if born alive, may be born out of wedlock, or who has been delivered of a child born out of wedlock and who was not living with nor cohabiting with her husband during the period of time in which the child could have been conceived, may appear before the Corporation Counsel for the District of Columbia or his assistant at the Juvenile Court and accuse a man of being the father of her child and request his arrest. In case of death, disability, or incompetence of the mother, the complaint may be made by the custodian, guardian, or next friend of the child. The complainant shall be examined under oath by the Corporation Counsel or his assistant to determine the validity of the accusation. If, upon examination, there appears reasonable cause to believe that the accused person is the father of the child in question, the complaint shall be reduced to writing, verified by the complainant, and filed with the clerk of the court. The verified complaint may be introduced in evidence to impeach the complaining witness in any subsequent proceedings therein. § 16-2345. Apprehension of accused Upon the filing of a complaint pursuant to section 16-2344, the case shall be calendared forthwith for preliminary hearing. The clerk of the court shall issue a summons requiring the accused to appear in court on a day certain for that purpose, or, if deemed necessary by the court, a warrant for the arrest of the defendant may be issued, directed to the United States marshal or the Chief of Police or any other member of the Metropolitan Police Department of the District of Columbia, requiring the accused to be arrested and brought before the court. § 16-2346. Bond; commitment; right to jury trial The court may require the person accused to enter into bond with surety in a sum not to exceed $2,500, guaranteeing his appearance on the date set for hearing or trial. If the defendant fails to appear, the security for his appearance shall be forfeited and shall be applied toward the siipport of the child if so ordered by the court. If the defendant fails to post bond fixed by the court he shall forthwith be committed to the District Jail, there to remain until the date set for hearing, or until he enters into the required bond or otherwise is discharged by due process of law. In all prosecutions under this subchapter, the defendant is entitled to, but may waive, trial by jury. A final hearing may not take place until after the birth of the child. § 16-2347. Blood tests When it is relevant to the prosecution or defense of an illegitimacy action, the court may direct that the mother, child, and the defendant submit to one or more blood tests to determine whether or not the defendant can be excluded as being the father of the child, but the results of the test may be admitted as evidence only in cases where the defendant does not obj ect to its admissibility. § 16-2348. Exclusion of public Upon the trial of proceedings pursuant to this subchapter, the court may exclude the general public, and shall do so at the request of either party.

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§ 16-2349. Judgment (a) PRENATAL AND CONFINEMENT EXPENSES; MAINTENANCE. When the defendant in a proceeding pursuant to this subchapter, in open court acknowledges the paternity, of a child born out oi wedlock, or when at the trial the finding of the court or jury is against the defendant, the court, in rendering judgment, may enter an order for the payment of the prenatal medical care and costs of the mother's confinement and expenses of childbirth in such amount or amounts as it deems reasonable, commensurate with defendant's ability to pay. The court may also order payments for the maintenance and education of the child, commensurate with defendant's ability to pay, to be made at such periods or intervals as the court directs. The court may order payments to be made by the defendant at a precinct of the Metropolitan Police Department of the District of Columbia. Payments shall continue until the child reaches the age of 16 years, unless, prior thereto, the child is legally adopted. (b) PETITION FOR MODIFICATION OP JUDGMENT; HEARING. From time to time, the court, after a hearing, may change or modify its order directing the amount that defendant shall pay for the maintenance and support of the child. The hearing shall be held not less than ten days following notice in writing by the clerk of the court to the parties in interest, mailed to or left at their last known place of residence. (c) DEATH OF CHILD. If a child dies before reaching the age of 16 years, the court upon proof thereof, may order the payment of reasonable funeral expenses, and shall terminate the order for maintenance. Arrears that may be owing at the time of death (may be canceled. § 16-2350. Support payments (a) SECURITT; PROBATION; COMMITMENT FOR DEFAULT. The court may require a defendant, against whom a judgment is rendered pursuant to this subchapter, to give security not to exceed $2,500 guaranteeing payments ordered by the court, or may suspend the requirement of security and place the defendant on probation to the court on condition that payments be made as ordered. I n default of a payment as ordered, the Court may revoke probation and commit the defendant to jail for a period of not more than one year at any one time. A t the expiration of a term of commitment, the court may discharge the defendant, but his liability to make subsequent payments or any payments in arrears at the time of commitment in accordance with the judgment or for commitment for further default is not thereby affected. I n lieu of commitment or as a condition of his release from jail, the court may set aside commitment and again place the defendant on probation upon such terms as it directs. The amount of security, if forfeited, shall be disbursed as the court directs. (b) JUDGMENT FOR ARREARS; EXECUTION. If there is a default of payments as ordered, the court, after notice by registered mail to the defendant at his last-known address, and after hearing, may reduce the amount of arrears to judgment. The court, after the notice and hearing, may reduce to judgment the arrears under any order hereafter entered for the support and maintenance of a child b o m out of wedlock, or any amounts ordered to be paid by the defendant under this subchapter. When the judgment is docketed in the clerk's office of the United States District Court for the District of Columbia, it has the same force and effect as judgments of that court, and execution thereon may be effected in the same manner as upon judgments of that court. 93-025 O - 6 4 - 4 0

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§ 16-2351. Voluntary agreement for support; approval; order of court; exclusion of other remedies The putative father of a child born out of wedlock may enter into an agreement with the mother of the child, or with another person on behalf of the child, for the support and maintenance of the child, and the agreement may be submitted to the court for ratification and approval. Upon ratification and approval, the court shall issue an order incorporating the terms thereof, and payments thereunder may be received and disbursed by the court in the same manner as provided by section 16-2381. The faithful performance under the terms of the agreement bars other remedies of the mother or any other person on behalf of the child for the support of the child, subject to section 16-2349(b). § 16-2352. Death of defendant; liability of estate If the defendant dies after paternity has been established and prior to the time the child reaches the age of 16 years, any sums due and unpaid under an order of the court at the time of his death constitute a valid claim against his estate. § 16-2353. New birth record upon marriage of natural parents When a certified copy of a marriage certificate is submitted to the Director of Public Health, establishing that the previously unwed parents of a child born out of wedlock have intermarried subsequent to the birth of the child and the paternity of the child has been judicially determined or acknowledged by the husband before the Commissioners or their designated agent, or has been acknowledged in an affidavit sworn to by the husband before a judge or the clerk of a court of record, or before an officer of the Armed Forces of the United States authorized to administer oaths, or before a person authorized to administer oaths, and the affidavit is delivered to the Commissioners or their designated agent, a new certificate of birth bearing the original date of birth and the names of both parents shall he issued and substir tuted for the certificate of birth then on file. The original certificate of birth and all papers pertaining to the issuance of the new certificate shall be placed under seal, and opened for inspection only upon order of the United States District Court for the District of Columbia.

34 Stat. 86; 44 Stat. 716.

§ 16-2354. Reports to Director of Public Health (a) Upon entry of a final judgment determining the paternity of a child born out of wedlock, the clerk of the court shall forward a certificate to the Director of Public Health, or his authorized representative in the jurisdiction in which the child was born, giving the name of the person adjudged to be the father of the child. (b) Upon receipt of the certificate provided by subsection (a) of this section, the Director of Public Health or his authorized representative shall file it with the original birth record, and thereafter may issue a certificate of birth registration including thereon the name of the person adjudged to be the father of the child. § 16-2355. Applicability of sections relating to desertion or nonsupport The provisions of sections 22-903 to 22-905, making it a misdemcanor to abandon or willfully neglect to provide for the support and maintenance of minor children in destitute or necessitous circumstances, and providing the proceedings and punishment therefor, also apply to a person who abandons or fails to support his illegitimate child when paternity has been established judicially or when paternity has been directly acknowledged by the putative father under oath, or indirectly acknowledged by volimtarily making contributions to the support of the child.

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§16-2356. Construction Section 11-1555, section 11-1583(a)(2), section 11-1586(e), and this subchapter shall be so interpreted as to effectuate the protection and welfare of the child involved in any proceedings thereunder. Subchapter III—Miscellaneous Provisions § 16-2381. Payments for support and maintenance under section 22-903 to 22-905; voluntary payments; disbursement (a) In all cases arising pursuant to sections 22-903 to 22-905, that, 34 Stat. 8(5; pursuant to section 11-1556, are brought in the Juvenile Court of the 44 Stat. 71 e. District of Columbia, the court may order payments to be made by the defendant, including a defendant to which section 16-2355 relates, at a precinct of the Metropolitan Police Department of the District of Columbia. As used in this subsection, "Metropolitan Police Department" has the same meaning as that prescribed in section 16-2341. (b) The Juvenile Court may accept voluntary payments for the support and maintenance of wife or minor children and disburse tho moneys to the persons for whom the contributions are paid, in the same manner as the payments are accepted and disbursed pursuant to sections 22-903 to 22-905. § 16-2382. Jury The jury for service in the Juvenile Court shall consist of twelve persons. § 16-2383. Suspension of imposition or execution of sentence In all cases in the Juvenile Court, the court may, upon conviction, suspend the imposition of sentence or impose sentence and suspend the execution thereof, if it appears to the satisfaction of the court that the ends of justice and the best interests of the public and of the defendant would be served thereby. In the imposition of sentence and the suspension of the execution thereof, the court may place the defendant on probation as provided by section 16-2314, 22-903, or 31207, as the case may be. §16-2384. Fees prohibited A fee may not be charged for any service rendered by the clerk of the Juvenile Court or by any officer of the court. CHAPTER 25—CHANGE OF NAME 8«e.

1^2501. Application; persons who may file. 16-2502. Notice; contents. 16-2503. Decree.

§ 16-2501. Application; persons who may file Whoever, being a resident of the District and desiring a change of name, ma^ file an application in the United States District Court for the District of Columbia setting forth the reasons therefor and also the name desired to be assumed. If the applicant is an infant, the application shall be filed by his parent, guardian, or next friend. §16-2502. Notice; contents Prior to a hearing pursuant to this chapter, notice of the filing of the application, containing the substance and prayer thereof, snail be published once a week for three consecutive weeks in a newspaper in general circulation published in the District. §l&-2503. Decree On proof of the notice prescribed by section 16-2502, and upon a showing that the court deems satisfactory, the court may change the name of the applicant according to the prayer of the application.

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CHAPTER 27—NEGLIGENCE CAUSING DEATH See. 16-2701. Liability; damages; prior recovery as precluding action. 16-2702. Party plaintiff; statute of limitations. 16-2703. Distribution of damages.

§ 16-2701. Liability; damages; prior recovery as precluding action When, by an injury done or happening within the limits of the District, the death of a person is caused by the wrongful act, neglect, or default of a person or corporation, and the act, neglect, or default is such as will, if death does not ensue, entitle the person injured, or if the person injured is a married woman, entitle her husband, either separately or by joining with the wife, to maintain an action and recover damages, the person who or corporation that is liable if death does not ensue is liable to an action for damages for the death, notwithstanding the death of the person injured, even though the death is caused under circumstances that constitute a felony. The damages shall be assessed with reference to the injury resulting from the act, neglect, or default causing the death, to the spouse and the next of kin of the deceased person; and shall include the reasonable expenses of last illness and burial. "Where there is a surviving spouse, the jury shall allocate the portion of its verdict payable to the spouse and next of kin, respectively, according to the finding of damage to the spouse and next of kin. If, in a particular case, the verdict is deemed excessive the trial judge or the United States Court of Appeals for the District of Columbia Circuit, on appeal of the cause, may order a reduction of the verdict. An action may not be maintained pursuant to this chapter if the party injured by the wrongful act, neglect, or default has recovered damages therefor during his life. §16-2702. Party plaintiff; statute of limitations An action pursuant to this chapter shall be brought by and in the name of the personal representative of the deceased person, and within one year after the death of the person injured. §16-2703. Distribution of damages The damages recovered in an action pursuant to this chapter, except the amount specified by the verdict or judgment covering the reasonable expenses of last illness and burial, may not be appropriated to the payment of the debts or liabilities of the deceased person, but inure to the benefit of his or her family and shall be distributed to the spouse and next of kin according to the allocation made by the verdict or judgment, or in the absence of an allocation, according to the provisions of the statute of distribution in force in the District. CHAPTER 29—PARTITION AND ASSIGNMENT OF DO\\^ER SUBCHAPTER I—PARTITION GENERALLY

Sec. 16-2901. Parties; accounting by tenant in common.

SUBCHAPTER II—ASSIGNMENT OF DOWER; PARTIES TO PARTITION PROCEEDINGS; SALE OF PROPERTY DISCHARGED FROM DOWER OR SPOUSE'S INTESTATE SHARE 16-2921. 16-2922. 16-2923. 16-2924.

Appointment of commissioners: cases of partition. Widow or widower of tenant in common. Wife or husband as a party to partition proceeding. Sale of land encumbered by dower; lacli of widow's or widower's consent; written consent; portion of proceeds. 16-2926. Sale of indivisible property; discharged from dower or intestate share.

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Subchapter I—Partition Generally §16-2901. Parties; accounting by tenant in common The United States District Court for the District of Columbia may decree a partition of lands, tenements, or hereditaments on the complaint of a tenant in common, claiming by descent or purchase, or of a joint tenant; or when it appears that the property can not be divided without loss or injury to the parties interested, the court may decree a sale thereof and a division of the money arising from the sale among the parties, according to their respective rights. (D) This section applies to cases where: (1^ all the parties are of full age; (2) all the parties are infants; (3) some of the parties are of full age and some are infants; (4) some or all of the parties are non compos mentis; and (6) all or any of the parties are non-residents— and a party, whether of full age, infant, or non compos mentis, may file a complaint pursuant to this section, an infant by his ^ a r d i a n or next friend, and a person non compos mentis by his committee. (c) In a case of partition, when a tenant in common has received the rents and profits of the property to his own use, he may be required to account to his cotenants for their respective shares of the rents and profits. Amounts found to be due on the accounting may be charged against the share of the party owing them in the property, or its proceeds in case of sale. (d) This section does not affect section 211-213. 3i Stat. i;!03 Subchapter II—Assignment of Dower; Parties to Partition Proceeding; Sale of Property Discharged From Dower or Spouse's Intestate Share §16-2921. Appointment of commissioners; cases of partition When real property is held by a person or persons, by descent or purchase, in the whole of which a widow or widower is entitled to dower, either the widow or widower or a person entitled to the property or an undivided share therein may apply to the United States District Court for the District of Columbia to have the dower therein assigned. Thereupon, the court shall appoint three commissioners to lay off and assign the dower, if practicable. The report of the commissioners is subject to ratification by the court. In all cases of partition between two or more joint tenants or tenants in common of real property, in the whole of which a widow or widower is entitled to dower, the dower shall be laid off and assigned, in like manner, before the partition is decreed. When an estate of which a woman or man is dowable is entire, and the dower can not be set off therefrom by metes and bounds, it may be assigned by the court as of a third part of the net rents, issues, and profits thereof. § 16-2922. Widow or widower of tenant in common When a widow or widower of a tenant in common of real property is entitled to dower in his or her undivided share of the property, and a partition is decreed between his or her heirs or devisees and the other tenants in common, the dower attaches to, and may, in the manner provided by section 16-2921, be assigned and laid out in, the. shares assigned in severalty to the heirs or devisees, and the shares of the other tenants in common shall be assigned to them, respectively, in severalty, free from the dower.

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§ 16-2923. Wife or husband as party to partition proceeding On an application to the District Court to decree a partition of real property between tenants in common, it shall not be necessary to make the wife or husband of any of the persons a party to the proceedings, but the right of dower, or the wife's or husband's intestate share, as the case may be, shall attach to whatever part of the property is assigned in severalty to the wife or husband, and the other parts thereof shall be assigned free of the right of dower or intestate share. §l&-2924. Sale of land encumbered by dower; lack of widow's or widower's consent; written consent; portion of proceeds When a decree is rendered for the sale of real property, in the whole of which a widow or widower is entitled to dower, if she or he will not consent to a sale of the property free of the dower, the District Court may, if it appears advantageous to the parties, cause the dower to be laid off and assi^ed as provided by this subchapter. If she or he will consent in writing to the sale of the property free of the dower, the court shall order that it be sold free of the dower, and shall allow her or him, in commutation of the dower, such portion of the net proceeds of sale as may be just and equitable, not exceeding one-sixth nor less than one-twentieth, according to the age, health, and condition of the widow or widower. §16-2925. Sale of indivisible property; discharge from dower or intestate share When real property is decreed to be sold for the purpose of division of the proceeds between tenants in common because the property is incapable of being divided between them in specie, the District Court may decree a sale of the property free and discharged from any right of dower, or from any intestate share of the wife or husband, as the case may be, of any of the parties in her or his undivided share.

CHAPTER 31—PROBATE COURT PROCEEDINGS See.

10-3101. 16-3102. 1&-8108. 16-3104. 16-3105. 16-3106. 16-3107. 16-3108. 16-3109. 16-3110. 16-3111. 16-3112. 16-3113.

Definition. Settlement of accounts as prima facie evidence only. Summons; failure to appear or give evidence. Sequestration where person fails to appear. Plenary proceeding; refusal to answer as required. Issues to be made up in plenary proceeding; jury; compelling payment of costs. Enforcement of judgnjents. orders and decrees; application of property sequestrated. Ordering investment of funds; revocation of letters for noncompliance. Compelling performance of duties by executors, administrators, etc.; revocation of letters. Accounting and delivering of property after revocation of letters; compelling performance. Order admitting will to probate as conclusive evidence. Arbitration; exceptions. Costs and execution.

§ 16-3101. Definition As used in this chapter, "Probate Court" means the United States District Court for the District of Columbia. § 16-3102. Settlement of accounts as prima facie evidence only Except as provided by section 16-3112, in actions: (1) for an accounting, by legatees or next of kin against executors or administrators, or wards against their guardians; or (2) to subject the real estate of decedents to the payment of their debts, by^ creditors against executors or administrators, or against heirs or devisees—

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a prior settlement of accounts in the Probate Court is only prima facie evidence as to the correctness of the accounts. § 16-3103. Summons; failure to appear or give evidence A summons issued by the Probate Court to a person concerned in the affairs of a deceased person, or to a witness or other person whose appearance in the court is deemed necessary or proper, is returnable at the discretion of the court. Wlien it is necessary or proper, on the return of the "summoned", and failure of the person to appear, to enforce his appearance, or when a witness before the court refuses to give evidence, the court may exercise its fiowers of enforcement and punishment as provided by section 401 of Title 18, United States Code, ^2 Stat. 701. or it may have his estate, or a part thereof attached and sequestered as provided by section 16-3104. § 16-3104. Sequestration where person fails to appear (a) If two summonses issued to a person by the Probate Court are regularly returned non est by the United States marshal and it is necessary to proceed further to compel the person's attendance, the court may order and issue an attachment against his real and personal property. On return of the attachment, to which a schedule of the attached property, if any, shall be annexed, the court, by order, or commission under seal, may authorize a person or persons to take into his or their care and custody the property returned in the schedule, or a part thereof, and receive the profits thereof, to be accounted for, until the person summoned appears and obeys the order of the court, or until further order. If the marshal or other officer does not deliver the property accordingly, he is liable to be proceeded against as provided by this subsection. (b) The persons authorized pursuant to subsection (a) of this section to take into their care and custody the property referred to shall first give bond to the United States with such security, and in such penalty, as the court directs. The bond shall be recorded, may be sued on, shall be on a footing with an administration bond, and shall be conditioned for rendering a true account of the estate or property, and of the profits thereof, and to deliver the property according to the order of the court, after deducting such allowance for loss, and such commission, not exceeding 5 per centum of the whole, as the court deems proper. (c) When ^ the purpose for which property sequestered under this section is answered, the court shall direct that the estate or property, and the profits, after making the deductions authorized by subsection (b) of this section, be restored to the person from whom the care and custody of the property were taken. When the person is dead, the court shall order the property to be delivered to his heirs, devisees or legal representatives, as soon as the purpose of the sequestration is answered, or immediately, on application, and on satisfying the court of the person's right, if the purpose, after the death of the original person, can not be answered. §16-3105. Plenary proceeding; refusal to answer as required When either of the parties having a contest in the Probate Court requires, the court may direct a plenary proceeding, by bill or petition, to which there shall be an answer, on oath or affirmation. If the party refuses to answer on oath or affirmation, as the case may require, to any matter alleged in the bill or petition, and proper for the court to decide upon, the court may exercise its powers of enforcement and punishment as provided by section 401 of Title 18, Unitexi States Code, or it may have his property attached and sequestered as provided by section 16-3104.

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62 Stat. 701.

PUBLIC LAW 88-241-DEC. 23, 1963

[77 STAT.

§16^106. Issues to be made up in plenary proceeding; jury; compelling payment of costs I n a plenary proceeding provided for by section 16-3105, the Probate Court shall give judgment, or decree upon the bill and answer, or upon bill, answer, depositions, or finding of the jury. I n all cases of contest, the court may award costs to the party deemed entitled thereto, and may compel payment by exercising its powers of enforcement and punishment as provided by section 401 of Title 18, United States Code, or by attachment and sequestration of the property as provided by section 16-3104. §16-3107. Enforcement of judgments, orders and decrees; application of property sequestrated The Probate Court may enforce its judgments, orders, decrees, and decisions in the manner provided by sections 16-3103 and 16-3104. When a judgment, order, decree, or decision is for the payment of money, the court may apply the property sequestrated to the purpose for which the judgment, order, decree, or decision is given. §16-3108. Ordering investment of funds; revocation of letters for noncompliance The Piobate Court may order an executor, administrator, collector, • or guardian, whom it has appointed, to bring into court or invest in securities, to be approved by the court, any funds received by the executor, administrator, collector, or guardian. If the party does not, within a reasonable time, to be fixed by the court, comply with the order, the court may revoke his letters. § 16-3109. Compelling performance of duties by executors, administrators, etc.; revocation of letters The Probate Court may order an executor, administrator, collector, guardian, or testamentary trustee, who appears to be in default in respect to the rendering of an inventory or account or the fulfillment of a duty in the court, to be sununoned to appear therein and fulfill his duty in the premises, on pain of revocation of his power to act. On his appearance, the court may make such order as is just. On his failure to appear, after having been duly sunmioned, the court may revoke his power to act and make such further order and other appointment as justice requires. If the summons to appear is returned by the marshal "not to be found," an alias summons shall be mailed to the last-known post-office address of the fiduciary or served upon his attorney of record, if \m is within the jurisdiction of the court. On the failure of the fiduciary to appear, the court may revoke his power to act and make such further order and other appointment as justice requires. §16-3110. Accounting and delivering of property after revocation of letters; compelling performance When the Probate Court revokes letters testamentary or of administration, collection, or guardianship, the party whose letters are revoked shall render forthwith an account of his administration or guardianship up to the period of the rendition of the account and deliver and turn over to the person appointed in his place all the estate, money, and efi'ects remaining in his hands that were received and held by him by virtue of his appointment so revoked. All moneys in the hands of an executor, administrator, or collector realized by him by the sale of the specific property are unadministered assets and ^ a l l be turned over in like manner. The court may direct the bond of the executor, administrator, or collector whose letters are revoked to be put in suit for the use of the new administrator or collector appointed in his place.

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PUBLIC LAW 88-241-DEC. 23, 1%3

§ 16-3111. Order admitting will to probate as conclusive evidence With respect to the trial of issues in the Probate Court, including the taking and use of testimony of non-resident witnesses, the Federal Rules of Civil Procedure, unless otherwise provided by law, are applicable thereto. A final' order or decree axhnitting a will to probate, unless and until it is reversed, is conclusive evidence of the validity of the will in a collateral proceeding in which the will is brought into question, and a transcript of the record of the will, and of the decree admitting it to probate, is sufficient proof thereof. §16-3112. Arbitration; exceptions The Probate Court may, with the consent in writing of both parties, arbitrate between a complainant and an executor or administrator, or between an executor or administrator and a person against whom the estate represented by him has a claim, or, with like consent, may refer the matter in dispute to an arbitrator. If reserved by the parties in their submission, exception as to matters of law may be filed to the award of the arbitrator, and the court may confirm or overrule the award. The award when confirmed is conclusive between the parties. § 16-3113. Costs and execution The Probate Court may render judgment for costs against the unsuccessful party in any proceeding conducted in the court, and issue execution therefor. CHAPTER 33—QUIETING TITLE OBTAINED BY ADVERSE POSSESSION Sec

16-3301. Ck>mplaiiit; allegations; parties; service; decree.

§16-3301. Complaint; allegations; parties; service; decree When title to real property in the District of Columbia has become vested in a person by adverse possession, the holder thereof may file a complaint in the United States District Court for the District of Columbia to have the title perfected. In the complaint, it is sufficient to allege that the plaintiff holds the title to the property, and that it has vested in him, or in himself and in those under whom he claims, by adverse possession. In the action, it is not necessary to make any person a party defendant except those persons who appear to have a claim or title adverse to that of the plaintiff. Upon the trial of the cause, proof of the facts showing title m the plaintiff by adverse possession entitles him to a decree of the court declaring his title by adverse possession, and a copy of the decree may be entered of record in the office of the Recorder of Deeds for the District. (b) In an action pursuant to this section, if process is returned not to be found, notice by publication may be substituted as in the case of nonresident defendants. Subject to subsection (c) of this section, if it is known^ whether one who, if living, would be an adverse party, is living or dead, or, in the case of a decedent, whether ne died testate or left heirs, or his heirs or devisees are unknown, the cause may be proceeded with pursuant to section 13-341. (c) The rights of infants or others under legal disability shall be saved for a period of two jears after the removal of their disabilities, but the entire period during which they shall be preserved may not exceed twenty-two years from the time they accrued, either in the plaintiff or in the persons under whom he claims.

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28 USC app.

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Page:United States Statutes at Large Volume 77.djvu/634

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[77 STAT.

CHAPTER 35—QUO WARRANTO 16-3501. Persons against whom Issued; civil action. 16-3502. Parties who may institute; ex rel. proceedings. 16-3503. Refusal of Attorney General or United States attorney to act; procedure. 16-3504. Allegations in petition of relator claiming oflSce. 16-3505. Notice to defendant. 16-3506. Proceedings on default. 16-3507. Pleading; jury trial. 16-3508. Verdict and Judgment. 16-3509. Usurping corporate franchise; Judgment. 16-3510. Proceedings against corporate directors and trustees; judgment and order; enforcement. 16-8611. Recovery of damages from usurper; limitation.

§ 16-^501. Persons against whom issued; civil action A quo warranto may be issued from the United States District Court for the District of Columbia in the name of the United States against— (1) a person who usurps, intrudes into, or unlawfully holds or exercises within the District a franchise or public office, civil or military, or an office in a domestic corporation; or (2) one or more persons who act as a corporation within the District without bein^ duly authorized, or exercise within the District corporate rights, privileges, or franchises not granted them by law in force in the District. The proceedings shall be deemed a civil action. §16-^502. Parties who may institute; ex rel. proceedings The Attorney General or the United States attorney may institute a proceeding pursuant to this chapter on his own motion, or on the relation of a third person. The writ may not be issued on the relation of a third person except by leave of the court, to be applied for by the relator, by a petition duly verified, setting forth the grounds of the application, or until the relator files a bond with sufficient surety, to be approved by the clerk of the court, in such penalty as the court prescribes, conditioned for the payment by him of all costs incurred in the prosecution of the writ if costs are not recovered from and paid by the defendant. § 16-3503. Refusal of Attorney General or United States a t to r n e y to a c t; procedure If the Attorney General or United States attorney refuses to institute a quo warranto proceeding on the request of a person interested, the interested person may apply to the court by certified petition for leave to have the writ issued. Wlien, in the opinion of the court, the reasons set forth in the petition are sufficient in law, the writ shall be allowed to be issued by any attorney, in the name of the United States, on the relation of the interested person, on his compliance with the condition prescribed by section 16-3502 as to security for costs. § 16-3504. Allegations in petition of relator claiming office When a quo warranto proceeding is against a person for usurping an office, on the relation of a person claiming the same office, the relator shall set forth in his petition flie facts upon which he claims to be entitled to the office. § 16-3505. Notice to defendant On the issuing of a writ of quo warranto the court may fix a time within which the defendant may appear and answer the writ. When the defendant can not be found in the District, the court may direct notice to be given to him by publication as in other cases of proceedings

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against nonresident defendants, and upon proof of publication, if the defendant does not appear, judgment may be rendered as if he had been personally served. § 16-3506. Proceedings on default If the defendant does not appear as required by a writ of quo warranto, after being personally served, the court may proceed to hear proof in support of the writ, and render judgment accordingly. § 16-3507. Pleading; jury trial In a quo warranto proceeding, the defendant may demur or plead specially or plead "not guilty" as the general issue, and the United States may reply as in other actions of a civil character. Issues of fact shall be tried by a jury if either party requests it. Otherwise they shall be determined by the court. § 16-3508. Verdict and judgment Where a defendant in a quo warranto proceeding is found by the jury to have usurped or intruded into or unlawfully held or exercised an office or franchise, the verdict shall be that he is guilty of the act or acts in question, and judgment shall be rendered that he be ousted and excluded therefrom and that the relator recover his costs. §16-^509. Usurping corporate franchise; judgment Where a quo warranto proceeding is against persons acting as a corporation without being legally incorporated, the judgment against the defendants shall be that they be perpetually restrained and enjoined from the commission or continuance of the acts complained of. § 16-3510. Proceedings against corporate directors and trustees; judgment and order; enforcement Where a quo warranto proceeding is against a director or trustee of a corporation and the court finds that at his election either illegal votes were received or legal votes rejected, or both, sufficient to change the result if the error is corrected, the court may render judgment that the defendant be ousted, and that the relator, if entitled to be declared elected, be admitted to the office, and the court may issue an order to the proper parties, being officers or members of the corporation, to admit him to the office. The judgment may require the defendant to deliver to the relator all books, papers, and other things in his custody or control pertaining to the office, and obedience to judgment may be enforced by attachment. §16-3511. Recovery of damages from usurper; limitation At any time within a year after a judgment in a quo warranto proceeding, the relator may bring an action against the party ousted and recover the damages sustained by the relator by reason of the ousted party's usurpation of the office to which the relator was entitled. CHAPTER 37—REPLEVIN Sec. lft-S701. 16-3702. 16-3703. 16-3704. 16-3705. 16-3706. 16-3707. 16-3708. 16-3709. lft-3710. 16-3711. 1&-3712. 1&-3713.

SUBCHAPTER I—GENERAL PROVISIONS Demand prior to action; costs. Form of complaint. Affidavit; contents. Undertaking to abide Judgment of the court. Failure of officer to obtain possession; procedure. Publication against defendant. Default. Motion for return of property; procedure; objection to sufficiency of security. Notice to officer of Intention to move for return; duty of officer; time of motion. Determination and measure of plaintiff's damages. Judgment for defendant and determination of damages. Verdict where goods are eloigned. Judgment where goods are eloigned.

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[77 STAT.

SUBCHAPTER II—REPLEVIN IN COURT OF GENERAL SESSIONS Sec. 16-8731. Jurisdiction; form ot complaint. 16-3732. Affidavit; contents. 16-3733. Undertaking to abide Judgment of the court. 16-3734. Failure of officer to obtain possession. 16-3735. rublication against defendant. 16-3736. Default. 16-3737. Retention of property by marshal; sufficiency of undertaking, quashing writ, and return of property. 16-3738. Motion for return of property; procedure; objection to sufficiency of security. 16-3739. Determination and measure of plaintiff's damuKes. 16-3740. Judgment for defendant and determination of damages.

Subchapter I—General Provisions § 16-^701. Demand prior to action; costs In an action of replevin brought to recover personal property to which the plaintiff is entitled, that is alleged to have been wrongfully taken by or to' be in the possession of and wrongfully detained by the defendant, it is not necessary to demand possession of the property before bringing the action; but the costs of the action may be awarded as the court orders. § 16-^702. Form of complaint A complaint in replevin shall be in the following or equivalent form: "The plaintiff sues the defendant for (wrongly taking and detaining) (unjustly detaining) the plaintiff's goods and chattels, towit: (describe them) of the value of dollars. And the plaintiff claims that the same be taken from the defendant and delivered to him; or, if they are eloigned, that he may have judgment of their value and all mesne profits and damages, which he estimates at dollars, besides costs.". §16-3703. Affidavit; contents At the time of filing a complaint in replevin, the plaintiff, his agent, or attorney shall file an affidavit stating that—^ (1) according to affiant's information and belief, the plaintiff is entitled to recover possession of chattels proposed to be replevied, being the same described in the complaint; (2) the defendant has seized and detained or detains the chattels; and (3) the chattels were not subject to the seizure or detention and were not taken upon a writ of replevin between the parties. § 16-3704. Undertaking to abide judgment of the court At the time of filing a complaint in replevin, the plaintiff shall enter into an nndertaking by liimself or his agent with surety, approved by the clerk, to abide by and perform the judgment of the court. § 16-3705. Failure of officer to obtain possession; procedure When the officer's return of a writ of replevin issued pursuant to this subchapter is that he has served the defendant with copies of the complaint, affidavit, and summons, but that he could not obtain possession of the goods and chattels sued for, the plaintiff may prosecute the action for the value of the property and damages for detention, or he may renew the writ in order to obtain possession of the goods and chattels themselves.

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§ 16-3706. Publication against defendant When the officer's return of a writ of replevin is that he has taken possession of the goods and chattels sued for, but indicates that personal service on the defendant could not be made, the court, subject to the provisions of section 13-340 as to mailing notice, may order that the defendant appear to the action by a fixed day. The plaintiff shall cause notice of the order to be given by^ publication in a newspaper published in the District at least three times, the first publication to be at least twenty days before the day fixed for the defendant's appearance. § 16-3707. Default If, after notice as provided by section 16-3706, the defendant fails to appear, the court may proceed as in case of default after personal service. § 16-3708. Motion for return of property; procedure; objection to sufficiency of security (a) On the taking possession of the goods and chattels by the marshal by virtue of a writ of replevin, the defendant may, on one day's notice to the plaintiff or his attorney, move for a return of the property to his possession. Thereupon, the court may inquire into the circumstances and manner of the defendant's obtaining possession of the property, and, if it seems just, may order the property to be returned to the possession of the defendant, to abide the final judgment in the action. The court may require the defendant to enter into an undertaking with surety or sureties, similar to that required of the plaintiff upon the commencement of the action. In such case, the court shall render judgment against the surety or sureties, as well as against the defendant. (b) When it appears that the possession of the property was forcibly or fraudulently obtained by the defendant, or that the possession, being first in the plaintiff, was procured or retained by the defendant without authority from the plaintiff, the court may refuse to order the return of the property to the possession of the defendant. The defendant may also, on similar notice, object to the sufficiency of the security in the undertaking of the plaintiff, and the court may require additional security, in default of which the property shall be returned to the defendant, but the action may proceed as if the property had not been taken. § 16-3709. Notice to officer of intention to move for return; duty of officer; time of motion If the defendant in an action of replevin notifies the officer taking possession of the property, in writing, of his intention to make either of the motions specified by section 16-3708, the officer shall retain possession of the property until the motion is disposed of, if the motion is filed and notice given, as provided by section 16-3708, to the plaintiff or his attorney, within two days thereafter. § 16-3710. Determination and measure of plaintiff's damages Whether, in an action of replevin, the defendant answers and the issue thereon joined is found against him, or judgment is rendered against him on proper motion under rules of court, or he makes default after personal service or publication, the plaintiff's damages shall be ascertained by the jury^ trying the issue, where one is joined, or by a jury of inquest, where jury trial had been waived or there is no issue of fact, and the damages shall be the full value of the goods, if eloigned by the defendant, including, in every case, the loss sustained by the plaintiff by reason of the detention, and the judgment shall be rendered for the plaintiff accordingly.

605

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Page:United States Statutes at Large Volume 77.djvu/638

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PUBLIC LAW 88-241-DEC. 23, 1963

[77 STAT.

§ 16-^711. Judgment for defendant and determination of damages When, in an action of replevin, the issue is found for the defendant, or the plaintiff dismisses or fails to prosecute his suit, or judgment is rendered against the plaintiff on proper motion under rules of court, the judgment shall be that the goods, if delivered to the plaintiff, be returned to the defendant with damages for their detention, or, on failure, that the defendant recover against the plaintiff and his surety the damages sustained by him. The damages shall be assessed by the jury trying the issue; or, where jury trial had been waived, or judgment is rendered against the plaintiff prior to trial on proper motion under rules of court, or he dismisses or fails to prosecute his suit, by a jury of inquest. § 16-3712. Verdict where goods are eloigned If the defendant in an action of replevin has eloigned the things sued for, the court may instruct the jury, if they find for the plaintiff, to assess such damages as may compel the defendant to return the things. § 16-3713. Judgment where goods are eloigned The judgment in a case where the defendant has eloigned the goods sued for, shall be that the plaintiff recover against the defendant the value of the goods as found and the damages so assessed, to be discharged by the return of the things, within ten days after the judgment, with damages for detention, which the jury shall also assess. Subchapter II—Replevin in Court of General Sessions § 16-^731. Jurisdiction; form of complaint The District of Columbia Court of General Sessions may issue a writ of replevin when a plaintiff files a complaint in replevin, in the following or an equivalent form: "The plaintiff sues the defendant for wrongfully taking and detaining (or wrongfully detaining) the plaintiff's, goods and chattels, to wit (here describe them), of the value of dollars. And the plaintiff claims that the same may be taken and delivered to him, or, if they are eloigned, that he may have judgment for their value and all mesne profits and damages, which he estimates at — dollars, besides costs." §16-^732. Affidavits; contents At the time of filing a complaint pursuant to section 16-3731, the plaintiff, his agent, or attorney shall file an affidavit stating that— (1) according to affiant's information and belief, the plaintiff is entitled to^ recover possession of the chattels described in the complaint; (2) the defendant has seized and detains or detains the chattels; (3) the chattels were not subject to the seizure or detention, and were not taken under a writ of replevin between the parties; and (4) the chattels are not of the value of more than $10,000. § 16-3733. Undertaking to abide judgment of the Court At the time of filing a complaint pursuant to section 16-3731, the plaintiff shall enter into an undertaking, with surety approved by the court, submitting to the jurisdiction of the court, to abide by and perform the judgment of the court.

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§ 16-3734. Failure of officer to obtain possession When the officer's return of a writ of replevin issued pursuant to this subchapter is that he has served the defendant with copies of the complaint, affidavit, and summons, but that he could not obtain possession of the goods and chattels sued for, the plaintiff may prosecute the Jiction for the A'alue of the property and damages for the detention, not to exceed in all $10,000 or he may renew the writ, in order to obtain possession of the goods and chattels themselves. § 16-3735. Publication against defendant When the officer's return of a writ of replevin issued pursuant to this subchapter is that he has taken possession of the goods and chattels sued for, but that the defendant is not to be found, the court, subject to section 13-340 as to mailing notice, may order that the defendant appear to the action by a fixed day, and cause notice of the order to be given by publication in a newspaper published in the District at least three times, the first publication to be at least twenty days before the day fixed for defendant's appearance. § 16-^^736. Default If. after notice as provided by section 16-3735, the defendant fails to appear, the court may proceed, as in the case of default after persoiml service, to render judgment for the property in favor of the plaintiff. § 16-3737. Retention of property by marshal; sufficiency of undertaking, quashing writ, and return of property Property taken by the marshal under a writ of replevin issued pursuant to this subchapter shall be retained by him for three days, exclusive of Sundays and legal holidays, before delivering it to the plaintiff, in order that the defendant or other persons claiming an interest in the property may present objections to the court to the sufficiency of the security on the undertaking or the jurisdiction of the court. If the court deems the undertaking insufficient, it may direct the marshal to retain the property for a further short time, to be designated by the court, until an undertaking to be approved by it is filed, in default of which the marshal shall return the property to the person from whom it was taken. I f it appears to the court that the property is of the value of over $10,000, the court shall quash the writ of replevin and direct the property to be returned to the party out of whose possession it was taken. § 16-^738. Motion for return of property; procedure; objection to sufficiency of security Section 16-3708 is also applicable to actions of replevin brought pursuant to this subchapter. § 16-3739. Determination and measure of plaintiff's damages Whether, in an action of replevin pursuant to this subchapter, the defendant answers and the issue thereon joined is found against him, or judgment is rendered against him on proper motion under rules of court, or he makes default after personal service, the plaintiff's damages shall be the full value of the goods, not to exceed $10,000, if eloigned by the defendant, and damages for the detention thereof, and judgment shall be rendered for the plaintiff accordingly. § 16-^740. Judgment for defendant and determination of damages If the issue in an action of replevin pursuant to this subchapter is found for the defendant, or the plaintiff dismisses or fails to prosecute his suit, or judgment is rendered against plaintiff on proper motion under rules of court, the judgment shall be that the goods, if delivered to the plaintiff, be returned to the defendant, with damages for their detention, or, on failure, that pie defendant recover from the plaintiff and his surety the damages sustained by him.

607

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