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real estate taxes, other taxes arising out of or resulting from the ownership, use, or operation of the common areas, special assessments, including, but not limited, to, special assessments for sewer mains, water mains, curbs, gutters, sidewalks, alleys, paving of streets, roads, and avenues, removal or abatement of nuisances, and special assessments levied in connection with condemnation proceedings instituted by the District of Columbia, shall be assessed, levied, and collected against each of said several separate and distinct units in conformity with the percentages of co-ownership established by section 6 of this Act, and in accordance with the provisions of law in effect in the District of Columbia relating to assessment, levying, and collection of real property taxes. (c) The council of co-owners shall be liable for the filing of returns and payment of the tax on personal property located in the common areas and held for use or used in a trade or business or held for sale or rent. (d) The title to an individual condominium unit shall not be divested or in anywise affected by the forfeiture or sale of any or all of the other condominium units for delinquent real estate taxes, other taxes arising out of or resulting from the ownership, use, or operation of the common areas, special assessments, including, but not limited to, special assessments for sewer mains, water mains, curbs, gutters, sidewalks, alleys, paving of streets, roads and avenues, removal or abatement of nuisances, special assessments levied in connection with condemnation proceedings instituted by the District of Columbia, or water charges and sanitary sewer service charges: Provided, That the real estate taxes, the duly levied share of such other taxes and of such special assessments, and the water and sanitary sewer service charges on or against said individual condominium unit are currently paid. SEC. 24. ACTIONS; E I G H T TO SEPARATE RELEASE OF JUDGMENT.—(a)

Without limiting the right of any co-owner, actions may be brought on behalf of two or more of the unit owners, as their respective interests may appear, by the manager, or board of directors, or of administration with respect to any cause of action relating to the common elements or more than one unit. (b) Service of process on two or more unit owners in any action relating to the common elements may be made on the person designated in the bylaws in conformity with section 14(g) of this Act. (c) I n the event of entry of a final judgment as a lien against two or more unit owners, the unit owners of the separate units may remove their unit and their percentage interest in the common elements from the lien thereof by payment of the fractional proportional amounts attributable to each of the units affected. Said individual payment shall be computed by reference to the percentage established pursuant to section 6 of this Act. After such partial payment, partial discharge, or release or other satisfaction, the unit and its percentage interest in the common elements shall thereafter be free and clear of the lien of such judgment. (d) Such partial payment, satisfaction, or discharge shall not prevent such a judgment creditor from proceeding to enforce his lights against any unit and its percentage interest in the common elements not so paid, satisfied, or discharged. SEC. 25. MECHANICS' AND MATERIALMEN'S L I E N S, ENFORCEMENT THEREOF; REMOVAL FROM L I E N; EFFECT OF PART P A Y M E N T. — (a)

Subsequent to establishment of a horizontal property regime as provided in this Act, and while the property remains subject to this Act, no lien shall thereafter arise or be effective against the property.

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D. c. Code 38^^^'

PUBLIC LAW 88-218-DEC.. 21, 1963

[77 STAT.

During such period liens or encumbrances shall arise or be created and enforced only against each unit and the percentage of imdivided interest in the common areas and facilities appurtenant to such unit in the same manner and under the same conditions in every respect as liens or encumbrances may arise or be created upon or against any other separate parcel or real property subject to individual ownership: Provided, That no labor performed or materials furnished with the consent or at the request of a unit owner or his agent or his contractor or subcontractor, shall be the basis for the filing of a lien pursuant to the provisions of section 1237 of the Act of March 3, 1901 (31 Stat. 1384), against the unit o / any other property of any other unit owner not expressly consenting to or requesting the same, except that such express consent shall be deemed to be given by the owner of any unit in the case of emergency repairs thereto. Labor performed or materials furnished for the common areas and facilities, if duly authorized by the council of co-owners, the manager, or board of directors in accordance with this Act, the declaration or bylaws, shall be deemed to be performed or furnished with the express consent of each unit owner and shall be the basis for the filing of a lien pursuant to the provisions of section 1237 of ithe Act of March 3, 1901 (31 Stat. 1384), against each of the units and shall be subject to the provisions of subparagraph (b) hereunder. Notice of said lien may be served on the person designated in conformity with section 14(g) of this Act. (b) In the event of filing of a lien against two or more units and their respective percentage interest in the common elements, the unit owners of the separate units may remove their unit and their percentage interest in the common elements appurtenant thereto from the said lien by payment, or may file a written undertaking with surety approved by the court as provided in section 1254 of the Act of March 3, 1901 (31 Stat. 1387), of the fractional or proportional amounts attributable to each of the units affected. Said individual payment, or amount of bond, shall be computed by reference to the percentage established pursuant to section 6 of this Act. After such partial payment, filing of bond, partial discharge, or release, or other satisfaction, the unit and its percentage interest in the common elements shall thereafter be free and clear of such lien. Such partial payment, indemnity, satisfaction, or discharge shall not prevent the lienor from proceeding to enforce his rights against any unit and its percentage interest in the common elements not so paid, indemnified, satisfied, or discharged. SEC. 26. NONAPPLTCATION OF RULE AGAINST PERPETUITIES AND OP RULE AGAINST UNREASONABLE RESTRAINTS ON ALIENATION TO HORIZONTAL PROPERTY REGIMES.—The rule of property known as the rule

against perpetuities, and the rule of property known as the rule restricting unreasonable restraints on alienation, sections 1023 and 1025 of the Act entitled "An Act to establish a code of laws for the D. c. Code 45- DistHct of Columbia", approved March 3, 1901 (31 Stat. 1J^51, ch. 102; 45-104. 854), shall not be applied to defeat any of the provisions of this Act, or of any declaration, bylaws, or other document executed in accordance with this Act as to the condominium project. This exemption shall not apply to estates in the individual condominium units. SEC. 2Y. SUPPLEMENT OF EXISTING CODE PROVISIONS.—The provisions of this Act shall be in addition to and supplemental to all other provisions of law of the District of Columbia and wheresoever there appears in the provisions the words "square", "lot", "land", "ground", "parcel", "property", "block", or other designation denoting a unit of land, where appropriate to implement this Act, after such descriptive terms, there shall be deemed inserted reference to a

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condomiiiiiun unit, condoniiniiun siibdi\isioii, or hoiizontal property regime, whicliever shall be appropriate to effect the ends and purposes of this Act: Provided. That wherever the application of the provisions of this Act conflict with the application of such other provisions, the provisions of law generally applicable to buildings in like use in the District of Columbia shall prevail. SEC. 28. RECJULATIONS or THE BOARD or COMMISSIONERS AND THE ZONING COMMISSION.—In order to bring horizontal property regimes

into compliance with the laws and regulations in effect in the District of Columbia, the Board of Commissioners of the District of Columbia and the Zoning Commission of the District of Columbia are each hereby authorized to adopt and enforce such regulations as either deems proper, within its respective general authority. SEC. 29. INTERPRETATION,— (a) This Act shall be interpreted in such a manner as to require each condominium unit and each horizontal property regime to be in compliance with all District of Columbia laws and regulations relating to property of like type, whether it be designed for residence, for office, for the operation of any industry or business, or for any other use. The owner of each condominium unit shall be responsible for the compliance of his unit with such laws and regulations, and the council of co-owners and any person designated by them to manage the regime shall be jointly and severally liable for compliance with all such laws and regulations in all matters relating to the common elements of the regime. (b) Notwithstanding any provision of this Act, the owner of each condominium unit shall have the same responsibility for the payment of all taxes, assessments, and other charges due to the District of Columbia as does any other person or property owner similarly situated. (c) Notwithstanding any provision of this Act, the method of enforcement available to the District of Columbia to collect any tax or assessment or any charge from any individual property owner or any building owner shall be available to collect taxes, assessments, and charges from individual condominium unit owners and from the council of co-owners. (d) Nothing contained in this Act shall in any way be constraed as affecting the riglit to institute and maintain eminent domain proceedings. SEC. 30. SUPPLEMENTAL PROVISIONS RELATING TO SEWER AND WATER

SER\T:CES.— (a) Notwithstanding any provision of this Act, the developer or co-owners of any horizontal property regime shall have the right to have installed for each and every individual unit a separately metered water service. Such installations shall be subject to all laws and regulations then or thereafter in effect* in the District of Columbia. Upon the establishment of such separate water services each unit owner and his successor in title and persons occupying such units shall be responsible for the payment to the District of Columbia of all water and sewer charges rendered and the Commissioners of the District of Columbia are authorized to enforce any and all of the remedies for collection of such charges as are authorized by law. (b) A common water service is hereby expressly authorized for any horizontal property regime and in the event that a horizontal property regime is provided with a common water service to the charges for sewer and water service shall be billed to the person designated by the co-owners, pursuant to the bylaws, to manage the regime. I n the event that the entire sewer and water charges are not paid within the time specified by law for the payment of sewer and water charges, the Commissioners shall be authorized to enforce payment

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[77 STAT.

in any manner authorized by law, including, but not limited to, the assessment of an additional charge for late payment, the shutting off of water to the regime and the enforcement o i the liens for nonpayment of such charges against the individual units in conformity with the percentage of co-ownership established by section 6 of this Act. SEC. 31. AUTHORITY OF BOARD OF COMMISSIONERS UNDER EEORGANIzATioN P L A N NUMBERED 5 OF 1952.—Nothing in this Act or in any

amendments made by this Act shall be construed so as to affect the authority vested in the Board of Commissioners of the District of Columbia by Eeorganization Plan Numbered 5 of 1952 (66 Stat. D.c. Code title 824). The performance of any function vested by this Act in the 1 appBoard of Commissioners or in any office or agency under the jurisdiction and control of said Board of Commissioners may be delegated by said Board of Commissioners in accordance with section 3 of such plan. SEC. 32. SEVERABiLiTr.—If any provision of this Act, or any section, sentence, clause, phrase, or word or the application thereof, in any circumstances is held invalid, the validity of the remainder of this Act, and of the application of any such provision, section, sentence, clause, phrase, or word in any other circumstances shall not be affected thereby and to this end, the provisions of this Act are declared severable. SEC. 33. EFFECTIVE DATE.—This Act shall take effect one hundred and twenty days after its enactment. Approved December 21, 1963. Public Law 88-219 December 21, 1963

[H. R. 5778]

AN ACT

Fjjj amend title 39, United States Code, to increase from 10 to 20 miles the area within which the Postmaster General may establish stutions, substations, or branches of post offices, and for other purposes.

Be it enacted by the SeiMte and Ilouae of Representatives of the nited Branch post of- United /States of America in Congress assembled, That subsections fices and stations. ^^^ ^ud (d) of section 705 of title 39, United States Code, are amended 7rstat.''583!^* to read as follows: " (c) The Postmaster General may establish stations, substations, or branches of a post office within twenty miles of the outer boundary or limits of a village, town, or city having 1,500 or more inhabitants and in which the principal office is located. This authority may not be used by the Postmaster General as a basis for discontinuing an established post office. " (d) The Postmaster General may establish stations, substations, or branches of a post office at camps, j^osts, or stations of the Armed Forces, at defense or other strategic installations, and at aiiiwrts.'' Approved December 21, 1963.

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463

Public Law 88-220 AN ACT

Making appropriations for military etmstruction for the I >epartinfnt of Defense for the fiscal year ending June 30, 1964, and for other purpo«es.

December 21, 1963

L • R- 9139]

Be it eruicted by the Senate and Hov.^e of RepresentatlreH of the Untted States of America in Congress assembled, That the following Military consiims are appropriated, out of any money in the Treasury not other- ^*iatro°"A^t''[Q64 wise appropriated, for the fiscal year ending,June HO, 1964, for military constiiiction functions administered by the Department of Defense, and for other purposes, namely: MILITARY COXSTRIXTION, ARMV

For acquisition, construction, installation, and equipment of temporary oi" pemianent public works, military installations, and facilities for the Army as currently authorized in military public works or military construction Acts, in sections 2678 and 2675 of title 10, United States Code, to remain aA'ailable until expended, $2<)0,646,0f)0.

72 stat, i4S9, 1460.

MILITARY CONSTOUCTIOX, XAVY

For acquisition, construction, installation, and equipment of temporary or permanent public works, naval installations, and facilities for the Navy as cuirently authorized in military public works or military constniction Acts, in sections 2673 and 2675 of title 10, United States Code, including personnel in the Bureau of Yards and Docks and other personal services necessary for the purposes of this appropriation, to remain available until expended, $198,853,000. MILITARY CONSTRUCITON, AIR FORCE

For acquisition, construction, installation, and equipment of temporary or permanent public works, military installations, and facilities for the Air Force as currently authorized in military public works or military construction Acts, in sections 2673 and 2675 of title 10, United States Code, the Act of April 1.1954 (Public Law 325), without regard to section 9774(d) of title 10, United States Code, to remain available until expended, $468,275,000. MILITARY

CoNSTRurnoN, DEFENSE AGENCIES

For acquisition, construction, installation and equipment of temporary or permanent public works, installations and facilities for activities and agencies of the Department of Defense (other than the military departments and the Office of C^ivil Defense), as currently authorized in military public works or military construction acts, in sections 2673 and 2675 of title 10, Ignited States Code, to remain available until expended, $24,000,000; and, in addition, not to exceed $20,000,000 to be derived by transfer from the appropriation "Research, development, t«st, and evaluation. Defense Agencies" as determined by the Secretary of Defense: Provided, That such amounts of this appropriation as may be determined by the Secretary of Defense may be transferred to such appropriations of the Department of Defense available for military construction as he may designate.

68 Stat. 47. 7OA Stat. S90.

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PUBLIC LAW 88-220-DEC. 21, 1963 MILITARY CONSTKI CTION. AKALY

10 USC 22312238.

[77 STAT.

Eh>KKVK

For ton St ruction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Army Reserve, as authorized by chapter 183 of title 10, United States Code, ji^y amended, and the Reserve Forces Facilities Acts, to remain available until expended, $4,500,000. MILITARY CONSTKUCTIOX, XAVAL RKSEKVK

For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the reserve components of the Navy and Marine Corps, as authorized by chapter 133 of title 10, United States Code, as amended, and the Reserve Forces Facilities Acts, to remain available until expended, $fi,000,000. MILITARY CONSTRUCITON, A I R FORCE RESERVE

For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the A i r Force Reserve as authorized by chapter 133 of title 10, United States Code, as amended, and the Reserve Forces Facilities Acts, to remain available until expended, $4,000,000. MILITARY

CoxsiRrcnox,

ARMY NATIONAL GUARD

For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Army National Guard, and contributions therefor, as authorized by chapter 133 of title 10, United States Code, as amended, and the Reserve Forces Facilitie.s Acts, to remain available until expended, $5,700,000. MILITARY CONSTTJUCTIGN, A I R NATIONAL GUARD

For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the A i r National Guard, and contributions therefor, as authorized by chapter 133 of title 10, United States Code, as amended, and the Reserve Forces F'acilities Acts, to remain available until expended, $16,000,000, LORAN STATIONS, DEP"ENSE

For construction of additional loraii stations to remain available until expended, $20,500,000, ferred on approval of the Secretary of Defense "Acquisition, construction, and improvements". CoNSTTtUCTION, A L A S K A

COMMUNICATION

by the Coast Guard, which shall be transto the appropriation, Coast Guard. SYSTEM,

ARMY

The appropriation available to the Department of the Army for "Construction, Alaska Communication System, Department of the Army" shall not be available for obligation after June 30, 1963. F A M I L Y HOUSING, DEFENSE

For expenses of family housing for the Army, Navy, Marine Corps, Air Force, and Defense Agencies, for construction, including acquisition, replacement, addition, expansion, extension and alteration, and for operation, maintenance, and debt payment, including leasing, minor construction, principal and interest charges and insurance premiums, as authorized by law, $637,406,000, to be obligated and

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expended in the Family Housing Management Account established ursuant to section 501(a) of Public Law 87-554, in not to exceed the ollowing amounts: For the Army: Construction, $34,681,000; Operation, maintenance, $134,154,000; Debt payment, $49,242,000. For the Navy and Marine Corps: Construction, $68,248,000; Operation, maintenance, $63,621,000; Debt payment, $30,323,000. For the Air Force: Construction, $61,027,000; Operation, maintenance, $105,682,000; Debt payment, $87,832,000. For Defense Agencies: Construction, $50,000; Operation, maintenance, $2,546,000: Provided, That the unobligated balances in the "Family Housing Management Account as of June 30, 1963, shall remain available herein.

P

465 76 Stat. 237. '*^ "^^ 1594a.

GENERAL PROVISIONS

SEC. 101. Funds appropriated to the military departments for construction in prior years are hereby made available for construction authorized for each such department by the authorizations enacted into law during the first session of the Eighty-eighth Congress. SEC. 102. None of the funds appropriated in this Act shall be expended for payments under a cost-plus-a-fixed-fee contract for work, where cost estimates exceed $25,000, to be performed within the United States, except Alaska, without the specific approval in writing of the Secretary of Defense setting forth the reasons therefor. SEC. 103. None of the funds appropriated in this Act shall be expended for additional costs involved in expediting construction unless the Secretary of Defense certifies such costs to be necessary to protect the national interest and establishes a reasonable completion date for each project, taking into consideration the urgency of the requirement, the type and location of the project, the climatic and seasonal conditions affecting the construction and the application of economical construction practices. SEC. 104, None of the funds appropriated in this Act shall be used for the construction, replacement, or reactivation of any bakery, laundry, or drycleaning facility in the United States, its Territories or possessions, as to which the Secretary of Defense does not certify, in writing, giving his reasons therefor, that the services to be furnished by such facilities are not obtainable from commercial sources at reasonable rates. SEC. 105. Funds appropriated to the military departments for construction are hereby made available for hire of passenger motor vehicles. SEC. 106. Funds appropriated to the military departments for construction may be used for advances to the Bureau of Public Roads, Department of Commerce, for the purposes of section 210 of title 23, United States Code, when projects authorized therein are certified as important to the national defense by the Secretary of Defense. SEC. 107. None of the funds appropriated in this Act may be used to begin construction of new bases for which specific appropriations have not been made. SEC. 108. During the current fiscal year, appropriations available for construction of family quarters for personnel shall not be obligate*! 93-025 0-64-32

cost-pius-afi^^d-fee contract.

Expediting con^truction.

Bakeries, laun<^f'^^^^ etc.

Motor vehicles.

72 Stat. 908; '^^ ^*^*- ^^3. New bases. Family quat^

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Air Force Academy.

72 Stat. 1459. Land purchase.

Foreign projects.

Short title.

PUBLIC LAW 88-221-DEC. 21, 1963

[77

STAT.

for such ooiistiiietion at a cost per family unit in excess of $22,000 on housing units for generals or equivalent; $19,800 on housing units for colonels or equivalent; $17,600 on housing units for majors and lieutenant colonels, or equivalent; $15,400 on housing units for second lieutenants, lieutenants, captains, and warrant officers, or equivalent; or $13,200 on housing units for enlisted personnel, except that when such units are constructed outside the continental United States or in Alaska, the average cost per unit of all such units shall not exceed $32,000 and in no event shall the individual cost exceed $40,000. SEC. 109. No part of the funds contained in this Act shall be used to incur obligations for the planning, design, or construction of facilities for an Air Force Academy the total cost of which will be in excess of $141,523,000, except for construction pursuant to section 2674 of title 10, United States Code, as amended. SEC. 110. No part of the funds provided in this Act shall be used for purchase of land or land easements in excess of 100 per centum of the value as deteimined by the Corps of Engineers or the Bureau of Yards and Docks, except: (a) where there is a determination of value by a Federal court, (b) purchases negotiated by the Attorney General or his designee, and (c) where the estimated value is less than $25,000. SEC. 111. None of the funds appropriated in this Act may be used to make payments under contracts for any project in a foreign country unless the Secretary of Defense or his designee, after consultation with the Secretary of the Treasury or his designee, certifies to the Congress that the use, by purchase from the Treasury, of currencies of such country acquired pursuant to law is not feasible for the purpose, stating the reason therefor. SEC. J12. This Act may be cited as the Military Construction Appropriation Act, 1964. Approved December 21, 1963.

Public Law 88-221 December 21, 1963 [H. R. 7601]

Winslow, Arizona. Claims settlement.

AN ACT For the relief of the city of Winslow, Arizona. Be it enacted^ by the Senate and House of Representatives of the United States of America m Congress assembled, That the Secretary of the Interior is hereby authorized and directed to pay $15,868.07 to the city of Winslow, Arizona, in full settlement of all claims against the United States for the Government's fair share of the costs for paving the streets adjacent to the United States property known as the Winslow Dormitory which is a facility for reservation Indian children operated by the Department of the Interior, Bureau of Indian Affairs. The payment shall be made out of funds available to the Bureau of Indian Affairs for the construction of roads. No part of the payment provided for in this Act shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction shall be fined in any amount not exceeding $1,000. Approved December 21, 1963.

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467

Public Law 88-222 AN ACT

December 21, 1963

For the relief of certiiiu persous involved in Mie iieyoriation of forf:e<l or fnimlnleiit (iovenuuent cherks issued at P a r k s Air Force Base. C'alifcM'iiia.

[H. R. 4839]

Be it erutcted by the.Senate and House of ReprexentatireK of the rnited States of America in CongresH assembled. That any persoii Parks Air Force v\lu) is determined by the Secretary of the Treasury— ^^^^:. S^^i^'.. ,t \

1

T

11

1

T-'

•

1 t-<

1

I-

1

Relief of certain

(1) to be liable to the I nited htates by reason ot the ne^o- persons. tiation, or presentment for payment, of any forged or fraudulent check which, during the period beginning 'July 1, 1955, and ending March 81, 1958, botli dates inclusive, was drawn on the Treasury of the United States and issued or procured as a result of fraud at Parks Air Force Base, California; and (2) to have negotiated such check or presented it for payment, without actual knowledge of any fact which would constitute notice of an infiniiity in such check or defect in the title of the person negotiating it; is hereby relieved of liability to the United States arising out of his negotiation of such check, or his presentment of such check for payment. SEC. 2. (a) In the case of any person who has paid to the United States, on aceomit of any check referred to in the tirst section of this Act, any amount for which the liability of such person would have been relieved by such first section if this Act had been in effect when such amount was paid to the United States, the Secretary of the Treasury is authorized and directed to pay to such i3erson, out of any money in the Treasury not otherwise appropriated, an amount equal io all such amounts so paid to the United States by such person. reduced by any amounts recoxered by such person from any prior endorser of such check. (b) 111 the case of any person who has paid to a subsequent endorser of a check referred to in the first section of this Act any amount for which the liability of such person to the Ignited States would haA^e been relieved by such first section if such liability had required payment to the United States and this Act had been in effect when such amount was paid, the Secretary of the Treasury is authorized and directed to pay to such person, out of any money in the Treasury not otherwise appropriated, an amount equal to all such amounts so paid to any subsequent endorser, reduced by any amounts recovered by such person from any prior endorser of such check. SEC. 3. In the audit and settlement of the accounts of any certifying or disbursing officer of the Ignited States, full credit shall he, given for all amounts for which liability is relieved by the first section of this Act, but nothing in this section shall precliule the recovery from any such certifying or disbursing officer of the amount of any loss incurred by the United States because of fraud or criminality on the part of such officer. SEC. 4. Xothing in this Act shall be construed to relieve any person of liability to refund to the Ignited States any amount receixed by him by reason of fraud or bad faith on the part of such person in connection with the negotiation of the checks referred to in paragraph (1) of the first section of this Act.

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PUBLIC LAW 88-223-DEC. 21, 1963

[77 STAT.

SEC. 5. No part of the amount appropriated in this Act for the payment of any one claim in excess of 10 per centum thereof shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with such claim, and the same shall be unlawful, any contract to the contrary notwitlistanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $ 1 ^. Approved December 21, 1963. Public Law 88-223 December 21, 1963

[H. R. 6001]

Waukegan Port ^^L^nd^conve ance.

AN

ACT

rpo authorize the conveyance to the Waukegan Port District, Illinois, of certain real property of the United States.

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled. That the Secretary ^^ ^^® Army is authorized and directed to convej^ to the Waukegan Port District, Illinois, without monetary consideration, all of the right, title, and interest of the United States in and to the real property described in section 2 of this Act, subject to the condition that such port district will maintain the existing steel sheet pile bulkhead in good condition for the protection of passing navigation and prevention of the escape of material into the harbor and that such property will be used for public harb<ir purposes. If such real property shall ever cease to be used for such purposes, all the right, title, and interest to such property shall revert to the United States, which shall have the immediate right to entry thereon. SEC. 2. The real property referred to in the first section of this Act is more particularly described as follows: That part of fractional section 22, township -Ip north, range 12 east of the third principal meridian, described as follows: Beginning at a point 181.6 feet north of the one-half section line of said section 22, and 1,131.5 feet, more or less, east of the west line of said section 22, which point is on the westerly line of the pier or dock forming the east side of Waukegan Harbor, thence due east 100 feet, thence due south 375 feet, more or less, to the southwest face of pier or dock, thence north approximately 42 degrees west 146 feet, more or less, along the face of said dock to its junction with north and south dock, thence north 262 feet, more or less, along face of said dock, to the point of beginning, situated in the county of Lake and State of Illinois, excepting therefrom that part thereof, now submerged, lying west of the existing steel sheet pile bulkhead now forming the east side of Waukegan Harbor, which part was heretofore cut away by the United States for the purpose of widening and improving Waukegan Harbor for the benefit of navigation passing to and from docks in slip numbered 1 and along the inner basin to the north. Approved December 21, 1963.

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PUBLIC LAW 88-226-DEC. 23, 1963

Public Law 88-224 AN ACT

December 21, 1963

To am«*ud the Act of March 2. 1031, to profide that ciTtaiii in-oceediuKS of the AMVETS (American Veterans of World War II>, shall be i»riiiteienibled. That the first section AMVETS. Proceedings of the Act of March 2, 1931, as amended (44 U.S.C. 2T5b), is amended printed as House to read as follows: document. ''That hereafter the proceedings of the national encampments of 46 Stat. 1481. I he Grand Army of the Republic, the United Spanish War Veterans, the Veterans of Foreign Wars of the United States, the American Legion, the Military Order of the Purple Heart, the Veterans of World W a r I of the United States of America, Incorporated, the Disabled American Veterans, and the A M V E T S (American Veterans of World W a r II), respectively, shall be printed annually, with accompanying illustrations, as separate House documents of the session of the Congivss to whieli they may be submitted." Approved December 21, 1963. Public Law 88-225 AN ACT

December 23, 1963

To amend Public Law 86-518 and section 506 of the Merchant Marine Act, 1936, to authorize the amendment of contracts between shipowners and the United States dealing with vessels whose life has been extended by Public Law 86-518.

'^^^ ^^^^^

Be ft enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 8(c) Vessels. of Public Law 86-518 is amended by adding the following to the end Contracts. 74 Stat. 216. thereof: "Provisions in such contracts affecting vessels covered by this 46 USC 1125 Act providing for refund of construction-differential subsidy for n°t«domestic operations under section 506 of the Merchant Marine Act, 1936, and costs of national defense features for commercial use shall be 52 Stat. 958. amended so that for such refund payments made for the period after 46 USC 1156. December 31, 1959, the base upon which such refund payments are computed annually thereafter shall be the undepreciated amount of subsidy or the national defense feature, as the case may be, as at December 31, 1959, divided by the years of life of the vessels as provided under this Act, remaining after December 31, 1959." Approved December 23, 1963. Public Law 88-226 AN ACT

December 23, 1963

To provide that the Commission on the DisiH)siti(>n of Alcatraz Island shall have six months after its formation in which to make its report to Congress.

[s. 2364]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That the first sen- commission on tence of section 4 of the Act entitled "An Act to establish a Federal *^^ Disposition of 1

T

••

cii

-ri

T.«

1 /~\ A ^

Alcatraz Island.

commission on the disposition ot Alcatraz Island, approved October Reporting 16, 1963 (77 Stat. 247), is amended by striking out "December 31, p^"°d1963" and inserting "six months after the date on which all the members of the Commission have been appointed". Approved December 23, 1963.

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470

[77

STAT.

Public Law 88-227 December 23, 1963

AN ACT

[S. 1698]

rpj^ ameud seotion 511 (li) of the Merchant Marine Act, 1986, as amended, in order to extend the time for commitment of construction reserve funds.

Be it enacted by the Senate and House of Representatives of the Merchant Marine United Sttttes of America ifi Congress assembled, That the proviso ^cons"'ru^T^nre- '^^ ^^^^ ^^^^ °^ section 511 (li) of the Merchant Marine Act, 1936, as amended, is amended to read as follows: '"'•Provided, That until Januserve funds. 76 Stat. 796. ary 1, 1964, in addition to the extensions hereinbefore permitted, fur46 USC 1161. ther extensions may be granted ending not later than December 31. 1964.'' SEC. 2. The amendment made by the first section of this Act shall Effective date. take effect December 31, 1963, oi- on the date of enactment of this Act, whichever date first occurs. Approved December 23, 1963.

Public Law 88-228 AN ACT December 23, 1963 [S. 1767] To authorize the Secretary of the Army to convey a certain parcel of land to the State of Delaware, and for other purposes.

Delaware. Land conveyance.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That the Secretary of the Army is authorized and directed to sell and convey to the State of Delaware, by quitclaim deed, all right, title, and interest of the United States in and to such federally owned lands of the Fort Miles Military Reservation, Delaware, which are now declared to be excess to the needs of the United States, excluding, however, approximately ten acres located within the town of Ijewes, Delaware, known as the offpost housing area. SEC. 2. The conveyance authorized herein shall be upon the followhig terms and conditions: (a) That portion of the presently excess lands comprising approximately one hundred and fifty-five acres, more or less, which was ceded to the Federal Government by the State of Delaware without cost, shall be conveyed with the improvements thereon to the State of Delaware without monetary payment. (b) Such lands, other than described in (a) above, as are presently excess shall be conveyed with the improvements thereon to the State of Delaware upon payment to the United States by the State of Delaware of the amount of money determined by the Secretary of the Army to have been paid by the United States for the acquisition of subject lands. (c) The lands conveyed shall be used solely for educational and/or public park and recreational purposes, and if such use shall ever cease, title to these lands shall revert to, and become the property of the United States which shall have the right of ifJimediate entry thereon. (d) The State of Delaware shall pay the cost of such surveys as may be necessary to determine the exact legal description of the real property to be conveyed. SEC. 3. The Secretary of the Army shall include in the deed of conveyance authorized to be made by this Act a provision authorizing the Secretary of Defense, in any national emergency declared by the President or the Congress, to enter upon and use without cost to the

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471

United States the lands conveyed by such deed if such lands are considered necessary for national defense purposes by the Secretary of Defense. The Secretary of the Army may also include in the deed of conveyance such additional reservations and conditions he considers to be in the public interest. Approved December 23, 1963.

Public Law 88-229 AN ACT To amend the Alaska IMiblic Works Act to authorize the Secretary of the Interior to collect, compromise, or release certain claims held by him under that Act.

December 23, 1963 [S. 1756]

Be it eruicted by the Senate and House of Representatives of the United States of America in Congress th'^sembled^ That section 5 of the Alaska P u b l i c Alaska Public Works Act (68 Stat. 627, 628; 48 U.S.C. 486c) is Works Act, amendment. amended by striking out the period at the end of the second sentence Claims. and inserting in lieu thereof: '•''Provided, That notwithstanding the requirements of this sentence, or any other provision of law, the Secretary of the Interior is authorized to collect, or as he may deteraiine to be justified by the special financial condition of the applicant or other unusual circumstances, to compromise or release any claim or obligation assigned to or held by him in connection wuth any such agreement until such time as such claim or obligation may be referred to the Attorney General for suit oi' collection: Provided further, That the Secretary may delegate to the head of any other department or agency of the United States any of his functions, powers and duties with respect to such collection, compromise, or release of claims or obligations as he may deem appropriate, and may authorize the redelegation of such functions, duties, and powers by the head of such department or agency." Approved December 23, 1963.

Public Law 88-230 AN ACT To amend the Act of August 3, 1956 (70 Stat. 986), as amended, relating to adult Indian vocational training.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) the first section of the Act entitled "An Act relating to employment for certain adult Indians on or near Indian reservations", approved August 3, 1956 (70 Stat. 986; 25 U.S.C. 309), is amended (1) by inserting in the first sentence thereof immediately after "twenty-four months," the following: "and, for nurses' training, for periods that do not exceed thirty-six months," and (2) by striking out the period at the end of the last sentence in such section and inserting in lieu thereof a coimna andVthe following: "or with any school of nursing offering a threeyear course of study leading to a diploma in nursing which is accredited by a recognized body or bodies approved for such purpose by the Secretary.". (b) Section 2 of said Act of August 3, 1956, as amended, is further amended to read as follows: "SEC. 2. There is authorized to be appropriated for the purposes of this Act the sum of $12,000,000 for each fiscal year, and not to exceed $1,500,000 of such sum shall be available for administrative purposes." Approved December 23, 1963.

December 23, 1963 [S.1868]

Indians. Vocational training.

75 Stat. 5 7 1. 25 USC 309a,

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PUBLIC LAW 88-231-DEC.,23, 1963

[77 STAT.

Public Law 88-231 December 23, 1963

AN ACT

[s. 2139]

'j\, provide for the disposition of the judj!;ment funds on deposit to the credit of the Kof)tenai Tribe or Band of Indians, Idaho.

Indians. Kootenai Tribe. Judgment funds.

Be It eruu'ted by the Senate and Ilouiie of Bep^re-sentatlves of the United States of America in Congress assembled. That the unexpended bahmce of funds on deposit in the Treasury of the United States to the credit of the Kootenai Tribe or Band of Indians of the State of Idaho that were appropriated by the Act of September 8, 1960 (74 Stat. 830), to pay a judgment by the Indian Claims Commission in docket 154, and the interest thereon, may be advanced or expended for any purpose that is authorized by the tribal governing body and by the Secretary of the Interior. Any p a i t of such funds that may be distributed per capita to the members of the tribe shall not V)e subject to the Federal or State income tax. Approved December 23, 1963. Public Law 88-232

December 23, 1963

AN ACT

[s. 2228]

r|^,j ohanjje the recniirenients for the annual meeting date for national banks.

National banks. Annual meeting date.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the first sentence of section 5145 of the Revised Statutes (12 U.S.C. 71) is amended by striking out all after the semicolon and inserting in lieu thereof "and afterward at meetings to be held on such day of each year as is specified therefor in the bylaws." SEC. 2. The first sentence of section 5149 of the Revised Statutes (12 U.S.C. 75) is amended by striking out "articles of association" and inserting in lieu thereof "bylaws". Approved December 23, 1963

Public Law 88-233 December 23, 1963 [S. 2275]

Hawaii. Land conveyance. 48 USC ch. 3 note.

16 USC 1-4.

AN ACT To revise the procedures established by the Hawaii Statehood Act, Public Law 86-3, for the conveyance of certain lands to the State of Hawaii, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a)(i) whenever after August 21, 1964, any of the public lands and other public property as defined in section 5(g) of Public Law 86-3 (73 Stat. 4, 6), or any lands acquired by the Territory of Hawaii and its subdivisions, which are the property of the United States pursuant to section 5(c) or become the property of the United States pursuant to section 5(d) of Public Law 86-3, except the lands administered pursuant to the Act of August 25, 1916 (39 Stat. 535), as amended, and (ii) whenever any of the lands of the United States on Sand Island, including the reef lands in connection therewith, in the city and county of Honolulu, are determined to be surplus property by the Administrator of General Services (hereinafter referred to as the "Administrator") with the

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PUBLIC LAW 88-235-DEC. 23, 1963

concurrence of the head of the department or agency exercising administration or control over such lands and property, they shall be conveyed to the State of Hawaii by the Administrator subject to the provisions of this Act. (b) Such lands and property shall be conveyed without monetary consideration, but subject to such other terms and conditions as the Administrator may prescribe: Provided, That, as a condition precedent to the conveyance of such lands, the Administrator shall require payment by the State of Hawaii of the estimated fair market value, as determined by the Administrator, of any buildings, structures, and other improvements erected and made on such lands after they were set aside. I n the event that the State of Hawaii does not agree to any payment prescribed by the Administrator, he may remove, relocate, and otherwise dispose of any such buildings, structures, and other improvements under other applicable laws, or if the Administrator determines that they cannot be removed without substantial damage to them or the lands containing them, he may dispose of them and the lands involved under other applicable laws, but, in such cases he shall pay to the State of Hawaii that portion of any proceeds from such disposal which he estimates to be equal to the value of the lands involved. Nothing in this section shall prevent the disposal by the Administrator under other applicable laws of the lands subject to conveyance to the State of Hawaii under this section if the State of Hawaii so chooses. SEC. 2. Any lands, property, improvements, and proceeds conveyed or paid to the State of Hawaii under section 1 of this Act shall be considered a part of public trust established by section 5(f) of Public Law 86-3, and shall be subject to the terms and conditions of that trust. Approved December 23, 1963.

Conditions.

Public Law 88-234 AN ACT

December 23, 1963

To amend section 1391 of title 28 of the United States Code, relating to venue generally.

[H. R. 2985]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1391 of title 28 of the United States Code is amended by adding at the end thereof one new subsection as follows: " (f) A civil action on a tort claim arising out of the manufacture, assembly, repair, ownership, maintenance, use, or operation of an automobile may be brought in the judicial district wherein the act or omission complained of occuiTed." Approved December 23, 1963.

District courts, venue. 62 Stat. 935; 76 Stat. 744.

Public Law 88-235 AN ACT

December 23, 1963

To revise the boundaries of Mesa Verde National Park, Colorado, and for other purposes.

[H. R. 6756]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That the boundaries of Mesa Verde National P a r k are hereby revised to include the following described lands which, subject to valid existing rights, shall be administered as a part of the park in accordance with the Act entitled

Mesa Verde National Perk, Colo.

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[77 STAT.

"An Act to establish a National Park Service, and for other purposes," approved August 25, 1916 (39 Stat. 535), as amended and supplemented (16 U.S.C. 1 et seq.): N E W MEXICO PRINCIPAL MERIDIAN, COLORADO

Township 36 North, Kange 14 "West Section 29: All portions of the south half and the southeast quarter northwest quarter lying south and west of the right-of-way of United States Highway 160. Section 32: Those portions of the section lying south and west of the right-of-way of United States Highway 160, except the north entrance road to the park, the southeast quarter southwest quarter, and the southeast quarter northeast quarter southwest quarter. Section 33: That portion of the northwest quarter northwest quarter, more particularly described as follows: Beginning at a point on the west line of section 33 which is 456.5 feet south of the northwest corner of section 33, thence running south along the west line of section 33 for a distance of 373.0 feet, thence running east for a distance of 516.8 feet, thence running north for a distance of 132.7 feet, thence running north 65 degrees 06 minutes west for a distance of 570.0 feet along the southwesterly right-of-way of Highway 160 to the point of beginning. SEC. 2. The Secretary of the Interior may acquire by purchase, with donated or appropriated funds, lands and interests in lands within the boundaries of Mesa Verde National P a r k as revised by section 1 of this Act. SEC. 3. There are hereby authorized to be appropriated such sums, but not more than $125,000, as may be necessary to carry out the provisions of this Act. Approved December 23, 1963.

Public Law 88-236 December 23, 1963

[H. R. 3005]

Armed Forces. Alien requirements.

^^

ACT

rpQ amend sections 510 and 591 of title 10, United States Code, to remove the requirement that an alien must make a declaration of intention to become a citizen of the United States before he may be enlisted or appointed in a reserve component. Be it enacted ty the Senate and House of Representatives of the United Stotes of America in Congress assembled, That sections 510(b) ^ \ ^^^ 591(b)(1) of title 10, United States Code, are each amended }

'

i

^ \^

•

70A Stat. 17,24. to read as follows: "(1) he is a citizen of the United States or has been lawfully admitted to the United States for permanent residence under 66 Stat. 166. chapter 12 of title 8; or". Approved December 23, 1963.

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PUBLIC LAW 88-238-DEC. 23, 1963

475

Public Law 88-237 AN ACT

Decemb«sr 23, 1963

To amend the Act authorizing the transmission and disix)sition by the Secretary of the Interior of electric energy generated at Falcon Dam on the Rio <}rande to authorize the Secretary of the Interior to also market power generated at Amistad Dam on the Rio Grande.

[H. R. 4062]

Be if enacted by the Senate <md House of Representatives of the Vnited States of America in Congress assembled, That section 1 of Faicon andAmifhe Act of June 18, 1954 (68 Stat. 255), be amended as follows: '*PoSe^market(a) I n the first sentence of section 1 change the phrase "Falcon ing° Dam, an international storage reservoir project'' to read "Falcon Dam and Amistad Dam, international storage reservoir projects", and change the word "pi-oject", the second place it appears, to read "projects". (b) In the second sentence of section 1 change the word "project'' to read "projects'*. (c) In the fourth sentence of section 1 of said Act, strike out the balance of the sentence beginning with the phrase "in order to make the power and energy generated at said project" and insert in lieu thereof the following: "for the integration of the Falcon and Amistad projects and in order to make the power and energy generated at said projects available in wholesale quantities for sale on fair and reasonable terms and conditions to facilities owned by the Federal Government, public bodies, cooperatives, and privately owned companies." SEC. 2. The Act of June 18, 1954 (68 Stat. 255), is amended by adding a new section 4 to read as follows: "SEC. 4. The release of United States water from the Falcon and Amistad Dams for the production of hydroelectric energy shall be such as not to interfere with United States vested rights to the use of water for municipal, domestic, irrigation, and industrial purposes or with storage of water for these purposes." Approved December 23, 1963. Public Law 88-238 AN ACT

December 23, 1963

'!'(» {iiiuMid lilh- 'M. Iiiilpd Stjiles ('<»de. to nxwhurvAv (niv**!;IIMI lnnis|Kirialioii sillowances f(»r tnivel pfrfciniied under orders tluil ure c.-nu'eled. revoke>einife and House of Hepresentatirfx

of

United States of America in dtngt'esx aHsembled.^ That chaptei'i title 37, United States Code, is amended as follows: (1) The following new section is inserted after section 406:

the <>t

Armed Forces. Travel a l l o w

ances. 76 Stat. 469. 37 USC 40 I-

"§406a. Travel and transportation allowances: authorized for 426. travel performed under orders that are canceled, revoked, or modified •'I'nder uniform regidations prescribed by the Secretaries concerned, a member of a unifonned service is entitled to travel and transportation allowances under sex-tion 404 of this title, and to trah»|«>rtation of his dependent^s, baggage, and household effects under sections 406 and 409 of this title, if otherwise fj[ualified, for travel performed before the eft'e(.'tive date of orders that direct him to make a change of station and that are later—

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PUBLIC LAW 88-239-DEC. 23, 1963

[77

STAT.

"(1) oHiiceled, revoked, or modified lo direct him to return to the station from which he was beiii^ transferred; or "(2) modified to direct him to make a different change of station." (2) The following new item is inserted in the analysis: •'406a. Travel and transportation allowances: authorized for travel i»erformed under orders that are ganceled, revoked, or modified." Effective date.

Appropriations, availability.

SEC. 2. This Act becomes effective on October 1, 1949. Any member or former member of the uniformed services who, after September 30, 1949, but before the date of enactment of this Act, has not been paid, or has repaid the United States, an amount to which he otherwise would have been entitled had section 1 of this Act been in effect during that period is entitled to be paid or repaid that amount, if the payment or repayment is otherwise proper and he applies for the payment or repayment within one year after the date of enactment of this Act. SEC. 3. Any appropriations available to the departments concerned for the pay and allowances of members of the uniformed services are available for payments under this Act. Approved December 23, 1963.

Public Law 88-239 December 23, 1963

[H. R. 5179]

Postal Service. Motor vehicle common carriers. Agreements. 74 Stat. 696. 39 USC 64016440.

AN ACT

'p(> authorize the Postiua«ter Geaiernl to enter into atyeeuients for the transportation of mail by passenjfer conunon carriers by motor vehicle, and for other puiix)ses.

Be It enacted by the Senate and Ilou-se of liepresentaticeti of the rnited States of Amenca in Congress asHenihled^ That chapter 101 of title 39, United States Code, is amended by adding immediately following section (>402 thereof the following new section: "§ 6402a. Agreements with passenger common carriers by motor vehicle "The Postmaster General may enter into agreements, under such terms and conditions as he shall prescribe and without advertising for bids and without bond, for the transportation of mail, in passenger-cany ing motor vehicles, by passenger conunon carriers by motor vehicle over the regular routes on which the carrier is permitted by law to transport passengers."'. SEC. 2. The table of contents ofChapter 101 of title 39, United States Code, is amended by inserting '6402a. Agreements with passenger conunon carriers by niotor vehicle."

immediately below '•6402. Authority to contract for mail transix)rtation." 74 Stat. 696; 76 Stat. 855.

SEC. 3. Section 6402(a) of title 39, United States Code, is amended— (1) by striking out the word "'and" immediately following the semicolon in subparagraph (4) thereof;

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 77 STAT. ]

PUBLIC LAW 88-240-DEC. 23, 1963

(2) by striking out the period at the end of subparagraph (5) thereof and inserting in lieu thereof a semicolon and the word "and";and (3) by adding at the end thereof the following new subparagraph: "(6) transportation of mail, in passenger-carrying motor vehicles, by passenger common carriers by motor vehicle shall be procured as provided in section 6402a of this title.". SEC. 4. Section 4851)(e)(2) of title 39, United States Code, is amended by inseiting after the word "highway" the words "or development". Approved December 23, 1963.

477

74 Stat. 669; 76 Stat. 833.

Public Law 88-240 AN ACT To anieiid rnhlic Lsnv 15)3. Eighty-third Congress, relating to the C'orregidorBataaii Memorial Comniission.

December 23, 1963

[H. R. 7044]

Be '/f enacted by the Semite <tnd House of Reprei^entativeH of the United States of Amsriea m (•ongreaii a^S8e7nbled. That the Act entitled Corregidor"An Act to create a Commission to be known as the Corregidor-Bataan B a t a a n Memorial Commission. Memorial Commission" approved August 5, 1953 (67 Stat. 366), as amended, is amended by inserting immediately after subparagraph 69 Stat. 589; 71 Stat. 457. (h) the following new subparagraph: 36 USC 426. " (i) The plans for the memorial shall include the following: Twin flagpoles at a high point on Corregidor Island, illuminated at night, from which the nags of the United States of America and the Republic of the Philippines would fly; a suitable building, or buildings, for use as an auditorium and tourist center; and a contiguous battlefield park of appropriate size in which may be placed historical markers and mementos of the Pacific phase of World W a r II. For showing in the auditorium and in other appropriate places, the United States may participate in the preparation, in cooperation with the Philippine authorities, of a documentary film commemorating the story of Bataan and Corregidor, and other appropriate films of the Pacific phase of World W a r II. There are hereby authorized to be appropriated, to Appropriation. the Veterans' Administration, without fiscal year limitation, such sums of money, but not to exceed $1,500,000, as may be necessary to carry out the purposes of this subparagraph (i). Nothing in this subparagraph (i) shall be considered to prevent the construction of such additional components as may be hereinafter authorized, or as may be provided for from public contributions." SEC. 2. The Corregidor-Bataan Memorial Commission shall cease to Expiration date. exist upon completion of the construction authorized by this Act, or on May 6, 1967, whichever shall first occur. Approved December 23, 1963.

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PUBLIC LAW 88-241- DEC. 23, 1963

[77 STAT.

Public Law 88-241 December 23, 1963

[H. R. 4157]

D.c. Code. Tu"diciarProcedure?*° "^""^

^N ACT

rpQ enact Part II of the District of Columbia Code, entitled "Judiciary and Judicial Procedure" codifying the general and permanent laws relating to the judiciary and judicial procedure of the District of Columbia.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the general ^^^ permanent laws relating to the judiciary and judicial procedure of the District of Columbia are revised, codified, and enacted as Part II of the District of Columbia Code, "Judiciary and Judicial Procedure", and may be cited "D.C. Code §—", as follows:

PART II JUDICIARY AND JUDICIAL PROCEDURE TiTLa

SBCTIOI

11. 12. 13. 14. 15. 16. 17.

11-101 12r-101 13-101 14-101 15-101 16-101 1.7-101

ORGANIZATION AND JURISDICTION OF THE COURTS RIGHT TO REMEDY PROCEDURE GENERALLY PROOF JUDGMENTS A N D EXECUTIONS; FEES AND COSTS PARTICULAR ACTIONS, PROCEEDINGS AND MATTERS REVIEW

TITLE 11—ORGANIZATION AND JURISDICTION OF THE COURTS CBAPTBB 1. GENEBAL PROVISIONS 3. UNITED STATES COURT OF APPEALS FOB THE DISTEIOT OF COLUMBIA

CiBcurr 5. 7. 9. 11. 13.

See. 11-101

11-301

UNITED STATES DISTBICT COURT FOB THE DISTBICT OF COLUMBIA 11-501 DISTBICT OP COLUMBIA COUBT OF APPEALS 11-701 DISTBICT OP COLUMBIA COUBT OF GENEBAL SESSIONS 11-flOl DOMESTIC RELATIONS B B A N C H OP COURT OP GENEBAL SESSIONS 11-1101 SMALL CLAIMS AND CONCILIATION BRANCH OP COURT OP GENERAL

SESSIONS

11-1301

15. JUVENILE COURT OF THE DISTRICT OF COLUMBIA 17. MISCELLANEOUS PROVISIONS RELATING TO COUBTS AND J U D G E S.,

11-1501 11-1701

19. COBONER

11-1901

21. ATTORNEYS

11-2101

23. JURORS AND JURY COMMISSIONERS

11-2301

CHAPTER 1—GENERAL PROVISIONS Sec. 11-101. Judicial power.

§X1-101. Judicial power The judicial power in the District of Columbia is vested in: (1) inferior courts, namely, The District of Columbia Court of General Sessions; The Juvenile Court of the District of Columbia; and (2) superior courts, namely, The District of Colimibia Court of Appeals; The United States District Court for the District of Columbia; The United States Court of Appeals for the District of Columbia Circuit; and The Supreme Court of the United States.

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

CHAPTER 3--UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT SUBCHAPTER I—COURT OFFICERS AND EMPLOYEES

Sec. 11-301. Deputy clerks signing for clerk; authentication. 11-302. Reporter; general duties.

SUBCHAPTER II—JURISDICTION 11-321. Appellate jurisdiction. SUBCHAPTER III—MISCELLANEOUS PROVISIONS 11-341. Distribution of reports; sale.

Subchapter I—Court Officers and Employees § 11-^01. Deputy clerks signing for clerk; authentication The deputy clerks for the United States Court of Appeals for the District of Columbia Circuit may sign the name of the clerk of the court to any official act required by law or by the practice of the court to be performed by the clerk, and may authenticate his signature by affixing the seal of the court thereto when the impress of the seal is necessary to its authentication. In such a case the signature shall be— , Clerk. By , Deputy Clerk. § 11-302. Reporter; general duties The United States Court of Appeals for the District of Columbia Circuit may appoint a reporter, who shall serve during the pleasure of the court, and who shall report, edit, and publisn the court's opinions, in a form prescribed by it. Subchapter II—Jurisdiction § 11-321. Appellate jurisdiction (a) In addition to its jurisdiction otherwise conferred by law, the United States Court of Appeals for the District of Colmnbia Circuit has jurisdiction of appeals from judgments of the District of Columbia Court of Appeals, including judgments of that court rendered on review of orders and decisions of the administrative agencies of the District of Columbia specified by section 11-742 (a). (b) A party aggrieved by a j u d ^ e n t of the District of Columbia Court of Appeals may seek a review thereof by the United States Court of Appeals for the District of Columbia Circuit by petition for the allowance of an appeal. Subchapter III—Miscellaneous Provisions § 11-341. Distribution of reports; sale (a) The reporter of the United States Court of Appeals for the District of Columbia Circuit shall furnish and deliver one copy of each volume of the reports of the opinions of the court, immediately after publication, to each judge of the following courts in the District: (1) The United States Court of Appeals; (2) The United States District Court; (3) The District of Columbia Court of Appeals; (4) The Court of General Sessions; (5) The Juvenile Court; and (6) The Tax Court of the United States.

479

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PUBLIC LAW 88-241-DEC. 23, 1963

[77 STAT.

and the copies so received by each judge shall, upon his death, resignation, retirement, or removal from office, be delivered to his successor, (b) The court shall approve the sale price for the reports of its opinions at not more than $6.50 per volume. CHAPTER 5—UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA SUBCHAPTER I—COURT OFFICERS AND EMPLOYEES Sec. 11-501. Appointment of auditor, messengers, and other officers. 11-502. Duties of deputy clerks. 11-503. Secretarial and clerical assistants for United States Commissioners; expenses. 11-504. Register of Wills; oath; bond; clerk of Probate Court. 11-505. Powers and duties of Register of Wills; restrictions; penalties. 11-506. Deputies and other employees under Register of Wills; duties. SUBCHAPTER II—JURISDICTION 11-521. Civil and criminal jurisdiction. 11-522. Probate and guardianship jurisdiction. 11-523. Concurrent jurisdiction of desertion and nonsupport cases. SUBCHAPTER III—MISCELLANEOUS PROVISIONS 11-541. Seal of Probate Court.

Subchapter I—Court Officers and Employees

62 Stat. 913. 28 USC 601. 610 "

§ 11-501. Appointment of auditor, messengers, and other officers The United States District Court for the District of Columbia may appoint an auditor for the court, a messenger for each judge, and all officers of the court necessary for the due administration of justice. § 11-502. Duties of deputy clerks The clerk of the United States District Court for the District of Columbia may designate deputy clerks to perform his duties in his name, who may sign his name to any official act required by law or by the practice of the court to be performed by the clerk, and may authenticate the signature by affixing the seal of the court thereto when the seal is necessary to its authentication. In such a case the signature shall be— , Clerk. By , Deputy Clerk. §11-503. Secretarial and clerical assistants for United States Commissioners; expenses Each United States commissioner for the District may employ secretarial and clerical assistants in such number and incur such other expenses as the District Court considers necessary. § 11-504. Register of Wills; oath; bond; clerk of Probate Court (a) The United States District Court for the District of Columbia shall appoint, and may remove, a Register of Wills, who shall take an oath for the faithful and impartial discharge of the duties of his office. The office of the Register of Wills is a part of the District Court, and chapter 41 of Title 28, United States Code, applies thereto. (J3 J The Register of Wills shall give bond, with two or more sureties, to be approved by the chief judge of the court, in the sum of $5,000: (1) faithfully to discharge the duties of his office; and (2) seasonably to record (A) the decrees and orders of the court in any of the matters over which the court exercises its jurisdiction or powers as the Probate Court, (B) all wills

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proved before him or the court, and (C) all other matters directed to be recorded in the court or in his oflBlce. The bond shall be entered in full upon the minutes of the court, and the original filed with the records thereof, (c) The Eegister of Wills shall: (1) act as clerk of the court in all matters over which the court exercises its jurisdiction or powers as the Probate Court; (2) keep and certify the court's records in those matters; and (3) generally, with respect to those matters, exercise the powers and perform the duties that might otherwise properly be exercised or performed by the regular clerk of the court. §11-505. Powers and duties of Register of Wills; restrictions; penalties (a) The Eegister of Wills may: (1) receive inventories and accounts of sales, examine voucners, and state accounts of executors, administrators, collectors, and guardians, subject to final approval by the court; (2) take the probate of claims against the estates of deceased persons that are properly brought before him, and approve or reject claims not exceeding $300; and (3) take the probate of wills and accept the bonds of executors, administrators, collectors, and guardians, subject to approval by the court. (b) In matters over which the court has jurisdiction or exercises powers as the Probate Court, the Eegister of Wills shall: (1) make full and fair entries of the proceedings of the Court; (2) make a fair record in a strong-bound book of all wills proved before him or the court, and of other matters required by law to be recorded in the court; (3) lodge original papers filed with him in a place of safety appointed by the court; (4) make out and issue every summons, process, and order of the court; (5) make fair tables of his fees, and post them in a conspicuous place in his office for the inspection of persons having business therein; (6) in every respect, act under the control and direction of the court; and (7) pay into the treasury all fees, costs, and other moneys collected by him, except uncollected fees not required by law to be prepaid, and make returns thereof to the Director of the Administrative Office of the United States Courts under regulations prescribed by the Director. (c) The Eegister of Wills may not: (1) practice law in any court of the District or of the United States; or (2) demand or receive any fee, gratuity, gift, or reward, for giving his advice in any matter relating to his office. (d) The Eegister of Wills shall forfeit the sum of $10 for each day that the tables referred to in clause (5) of subsection (b) of this, section are missing through his neglect, which may be recovered as other debts for the same amount are recoverable. Of the amount so paid or recovered, one-half shall be for the use of the District, and one-half shall be for the use of the informer. 93-025 0-64-33

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[77 STAT.

(e) If the Register of Wills or a person acting for him takes a greater fee than the fee provided for by law, he shall pay to the party injured $50, which may be recovered as other debts for the same amount are recoverable. § 11-^06. Deputies and other employees under Register of Wills; duties (a) The Register of Wills, with the approval of the court, may appoint necessary deputies, clerical assistants and other employees in such number as may be approved by the Director of the Administrative Office of the United States Courts. With the approval of the court, the Register of Wills may remove any of the personnel so appointed. (b) The personnel appointed pursuant to this section shall be under the supervision and control of the Register of Wills, and shall perform such duties as he or the court directs. The deputies may perform acts necessary in the administration of the office of the Register of Wills and the certification of the records of the court which the Register may perform. Subchapter II—Jurisdiction § 11-521. Civil and criminal jurisdiction (a) Except in actions or proceedings over which exclusive jurisdiction is conferred by law upon other courts in the Districtj the United States District Court for the District of Columbia, in addition to its jurisdiction as a United States district court and to any other jurisdiction conferred by law, has all the jurisdiction possessed and exercised by it on January 1, 1964, and has original jurisdiction of all: (1) civil actions between parties, where either or both of them are resident or found within the District; and (2) offenses committed within the District. (b) Except as otherwise specially provided, an action may not be brought in the District Court by original process against a person who is not resident or found within the District. § 11-522. Probate and guardianship jurisdiction (a) The United States District Court for the District of Columbia has and may exercise all the power and jurisdiction by law held and exercised by the Orphans' Court of Washington County, District of Columbia, prior to June 21, 1870. (b) In addition to the jurisdiction conferred by subsection (a) of this section, the District Court has full power and authority and plenary jurisdiction to: (1) hear and determine questions relating to the execution or validity of wills devising real property within the District of Columbia, and of wills and testainents properly presented for probate in the court, and admit them to probate and record; (2) take the proof of wills of either personal or real pr6perty and admit them to probate and record, and for cause revoke the probate thereof; (3) grant, and, for any of the causes prescribed by law, revoke, letters testamentary, letters of administration, letters ad colligendum, and letters of guardianship, and appoint successors to those persons whose letters are revoked; (4) hear, examine, and decree upon accounts, claims, and demands existing between executors or administrators

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PUBLIC LAW 88-241-DEC. 23, 1963

and legatees, or persons entitled to a distributive share of an intestate estate, or between wards and their guardians; (5) enforce the rendition of inventories and accounts by executors, administrators, collectors, guardians, and trustees required to account to the court; and (6) enforce the distribution of estates by executors and administrators, and the payment or delivery by guardians of money or property belonging to their wards. (c) Neither the execution nor the validity of a will or testament admitted to probate and record in the court may be impeached or examined collaterally. Subject to other provisions of this Part or other provisions of law, it is res judicata in all respects and to all persons. (d) In exercising its powers and jurisdiction under this section, the District Court is known as the Probate Court. (e) This section does not affect the jurisdiction conferred upon the Juvenile Court of the District of Columbia by section 11-1651 (a)(3). §11-523. Concurrent jurisdiction of desertion and nonsupport cases The United States District Court for the District of Columbia has original jurisdiction, concurrently with the Juvenile Court of the District of Columbia, of all cases arising under sections 22-903 to 22-905, relating to desertion or nonsupport.

483

34 Stat. se; 44 Stat. 716.

Subchapter III—Miscellaneous Provisions § 11-541. Seal of Probate Court The Probate Court shall keep a seal for the court, and for the office of the Register of Wills. The seal shall be affixed to all certificates of the Probate Court, or of the Register, and to every process and writ of every kind issued from it. CHAPTER 7—DISTRICT OF COLUMBIA COURT OF APPEALS SUBCHAPTER I—CONTINUATION AND ORGANIZATION Sec. 11-701. Continuation of court; court of record; seal. 11-702. Composition; appointment, qualifications, tenure, salaries, and oath of Judges; removal. 11-703. Absence, disability, or disqualification of judgeu; vacancies; quorum. 11-704. Clerks for judges; compensation.

SUBCHAPTER II—COURT OFFICERS AND EMPLOYEES 11-721. Clerli; compensation; powers and duties. 11-722. Deputy clerks and other employees; compensation; duties. SUBCHAPTER III—JURISDICTION 11-741. Orders and judgments of Court of General Sessions and Juvenile Court. 11-742. Administrative orders and decisions. SUBCHAPTER IV—MISCELLANEOUS PROVISIONS 11-761. Contempt powers. . 11-762. Oaths, affirmations and acknowledgments.

Subchapter I—Continuation and Organization § 11-701. Continuation of court; court of record; seal (a) The District of Columbia Court of Appeals shall continue as a court of record in the District. (b) The court shall have a seal.

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63 Stat. 954.

5 USC 1071 note

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[77

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§11-702. Composition; appointment, qualifications, tenure, salaries, and oath of judges; removal (a) The District of Columbia Court of Appeals shall consist of a chief judge and two associate judg^ appointed by the President of the United States, by and with the advice and consent of the Senate. (b) A person may not be appointed as a judge of the court unless he: (1) is a bona fide resident of the area consisting of the District of Columbia, Montgomery and Prince Georges Counties in Maryland, Arlington and Fairfax Counties in Virginia, and the city of Alexandria, Virginia, and has maintained an actual place of abode in the area for at least five years prior to his appointment; and (2) has been actively engaged in the practice of law in the District of Columbia for a period of at least five years immediately prior to his appointment, (c) Each judge shall be appointed or reappointed for a term of ten years, which terms shall be staggered as heretofore provided for; and he shall continue in office until the appointment and qualification of his successor. (d) The chief judge shall receive an annual salary of $19,000, and each associate judge shall receive an annual salary of $18,500. (e) Each judge, when appointed, shall take the oath prescribed for judges of courts of the United States. (f) A judge may be removed only in the manner and for the causes provided for the removal of Federal judges. § 11-703. Absence, disability, or disqualification of judges; vacancies; quorum (a) When a judge of the District of Columbia Court of Appeals is absent, disabled, or disqualified, or when there is a vacancy in the office of judge of the court, the chief judge may designate and assign any judge of the District of Columbia Court of General Sessions to act temporarily as a judge of the court. (b) When the chief judge of the court is absent, disabled, or disqualified, the judge next in seniority according to the date of his commission shall exercise his powers. (c) Two judges of the court constitute a quorum. §11-704. Clerks for judges; compensation Each judge of the District of Columbia Court of Appeals may appoint and remove a personal clerk and shall fix his compensation jn accordance with the Classification Act of 1949, as amended. Subchapter II—Court Officers and Employees §11-721. Clerk; compensation; powers and duties The District of Columbia Court of Appeals shall appoint, and may remove, a clerk, and shall fix his compensation in accordance with the Classification Act of 1949, as amended. The clerk shall exercise the same powers and perform the same duties in regard to matters within the jurisdiction of the court as are exercised and performed by the clerk of the United States Court of Appeals for the District of Columbia Circuit, as far as the latter may be applicable.

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§11-722. Deputy clerks and other employees; compensation; duties Subject to the approval of the chief judge, the clerk of the District of Columbia Court of Appeals may appoint and remove such deputy clerks and other employes of the court as he deems necessary. The chief judge shall fix the compensation of the personnel so appointed in accordance with the Classification Act of 194&, as amended. The clerk shall supervise and direct the deputies and employees so appointed. Subchapter III—Jurisdiction § 11-741. Orders and judgments of Court of General Sessions and Juvenile Court (a) The District of Columbia Court of Appeals has jurisdiction of appeals from: (1) final orders and judgments of the District of Columbia Court of General Sessions, including final orders and judgments of the Small Claims and Conciliation Branch and the Domestic Relations Branch of that court; (2) interlocutory orders of the District of Columbia Court of General Sessions, including interlocutory orders of the Domestic Relations Branch of that court, whereby the possession of property is changed or affected, such as orders dissolving writs of attachment and the like; and (3) final orders and judgments of the Juvenile Court of the District of Columbia. (b) Except as provided by subsection (c) of this section, a party aggrieved by an order or judgment specified by subsection (a) of this section may appeal therefrom as of right to the District of Columbia Court of Appeals. (c) Reviews of judgments of the Small Claims and Conciliation Branch of the District of Columbia Court of General Sessions, and of judgments in the criminal division of that court where the penalty imposed is less than $50, shall be by application for the allowance of an appeal, filed in the District of Columbia Court of Appeals. § 11-742. Administrative orders and decisions (a) I n addition to other jurisdiction conferred upon it by law, the District of Columbia Court of Appeals has exclusive jurisdiction to review the following orders and decisions of administrative agencies of the District: (1) decisions of the Board of Pharmacy refusing to renew a license to practice pharmacy or refusing to renew a permit to deal in poisons for use in the arts or as insecticides pursuant to section 2-606; (2) decisions of the Board of Examiners in Veterinary Medicine revoking or suspending a license to practice veterinary medicine or a branch thereof pursuant to section 2-810; (3) orders of the Commissioners of the District of Columbia or their agent or decisions of the Commissioners denying, revoking, or suspending a motor-vehicle operator's permit pursuant to section 40-302; (4) decisions of the Board of Examiners and Registrars of Architects annuUijig or revoking a certificate to practice architecture pursuant to section 2-1028; (5) orders of the Commissioners of the District of Columbia denying, revoking, or suspending a license for a private employment agency pursuant to section 47-2101;

485

"„!,'^*" ^" f* 5 'u s'^ 1071 e note.

44 Stat. 1414. 34 Stat. 873.

43 Stat. 1125. Post, p. eie. 47 Stat. 559.

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45 Stat. 1338. 45 Stat. 1520.

52 Stat. 622.

50 Stat. 788;

S3 Stat. 1354.

PUBLIC LAW 88-241-DEC. 23, 1963

[77 STAT..

(6) decisions of the Commission on Licensure to Practice the Healing Art in the District of Columbia denying a license or a registration to practice the healing art pursuant to section 2-129; (7) decisions of the Nurses' Examining Board denying registration or reregistration of a nurse or school of nursing pursuant to section 2-406; (8) decisions of the Board of Barber Examiners revoking or refusing to issue, renew, or restore a certificate of registration as a registered barber or barber apprentice pursuant to section 2-1110; and (9) final decisions of the Real Estate Commission of the District of Columbia denying an application for license or suspending or revoking a license pursuant to sections 45-1403 tO 45-1418.

^jj^ ^ party aggrieved by an order or decision specified by subsection (a) of this section may obtain a review thereof in the District of Columbia Court of Appeals. (c) Upon the filing of a written petition for review praying that an order or decision specified by this section be set aside, the District of Columbia Court of Appeals has jurisdiction of the proceeding. Subchapter IV—Miscellaneous Provisions § 11-761. Contempi powers The District of Columbia Court of Appeals, or a judge thereof, may punish for disobedience of an order, or for contempt committed in the presence of the court, by a fine not exceeding $50 or imprisonment not exceeding 30 days. § 11-762. Oaths, affirmations and acknowledgments Each judge, the clerk, and each deputy clerk of the court may administer oaths and affirmations and take acknowledgments. CHAPTER 9—DISTRICT OF COLUMBIA COURT OF GENERAL SESSIONS SUBCHAPTER I—CONTINUATION AND ORGANIZATION

See. 11-901. Continuation of court; court of record; divisions; seal. 11-902. Composition; appointment, qualifications, tenure, salaries, and oath of Judges; removaL 11-003. Administration by chief judge; discharge of duties. 11-904. Designation and assignment of judges; sessions. 11-905. Absence, disability, or disqualification of chief Judge. 11-906. Vacations for Judges. 11-907. Meetings and reports. 11-908. Clerks for Judges; compensation. SUBCHAPTER II—COURT OFFICERS AND EMPLOYEES 11-931. Clerk; compensation; general duties. 11-932. Deputy clerks and other employees; compensation; supervision; process; powers. 11-933. Probation officer: compensation, powers and duties. 11-934. Assistant probation officers and other employees; compensation; supervision. 11-935. Reporters' fees for transcripts. SUBCHAPTER III—JURISDICTION 11-961. Civil Jurisdiction. 11-962. Transfer of civil actions to Court of General Sessions. 11-963. Criminal Jurisdiction; commitment.

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PUBLIC LAW 88-241 _DF,C. 23. 1Q63 SUBCHAPTER IV—MISCELLANEOUS PROVISIONS

Sec. 11-981. Power of judges to issue warrants returnable to Criminal Division; record. 11-982. Compelling attendance of witnesses; contempt powers; subpoenas. 11-983. Oaths, affirmations and acknowledgments. 11-984. Receipt and care of deposits for costs, and fees; payment of fines, costs, etc., to clerk; deposit; accounting. 11-985. Audit of accounts.

Subchapter I—Continuation and Organization § 11-901. Continuation of court; court of record; divisions; seal (a) The District of Columbia Court of General Sessions shall continue as a court of record in the District. The court shall consist of a civil division and a criminal division. (b) The court shall have a seal. §11-902. Composition; appointment, qualifications, tenure, salaries, and oath of judges; removal (a) The District of Columbia Court of General Sessions shall consist of a chief judge and fifteen associate judges appointed by the President of the United States, by and with the advice and consent of the Senate. (b) A person may not be appointed as a judge of the court unless he; (1) is a bona fide resident of the area consisting of the District of Columbia, Montgomery and Prince Georges Counties in Maryland, Arlington and Fairfax Counties in Virginia, and the city of Alexandria, Virginia, and has maintained an actual place of abode in the area for at least five years prior to his appointment; and (2) has been a member of the bar of the District of Columbia for a period of at least five years, and, for a period of at least five consecutive years immediately prior to his appointment, either has been actively engaged in the practice of law or has been employed as an attorney in the District in the government of the United States or in the government of the District of Columbia. (c) Each judge shall be appointed or reappointed for a term of ten years each, which terms shall be staggered as heretofore provided for; and he shall continue in office until the appointment and qualification of his successor. (d) The chief judge shall receive an annual salary of $18,000, and each associate judge shall receive an annual salary of $17,500. (e) Each judge, when appointed, shall take the oath prescribed for judges of courts of the United States. (f) A judge may be removed only in the manner and for the causes provided for the removal of Federal judges. § 11-903. Administration by chief judge; discharge of duties The chief judge of the District of Columbia Court of General Sessions shall administer generally and superintend the business of the court. He shall give nis attention to the discharge of the duties especially pertaining to his office and to the performance of such additional judicial work as he is able to perform. § 11-904. Designation and assignment of judges; sessions (a) The chief judge of the District of Columbia Court of General Sessions shall, from time to time and for such periods as he determines, designate the judges to preside in and attend the divisions and several branches and sessions of the court. He may:

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63 Stat. 954. 5 USC.1071 note.

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[77 STAT.

(1) except as provided by sections 11-1103 and 11-1303, determine the number and fix the time of the various sessions of the court; and (2) arrange the business of the court, and divide it and assign it among the judges. Each associate judge shall attend and serve at the division, branch, or sessions of the court to which he is assigned. (b) When the chief jud^e of the District of Columbia Court of Appeals finds it in the public interest to do so, he may designate and assign a judge of that court to act temporarily as a judge of the Court of General Sessions. § 11-905. Absence, disability, or disqualification of chief judge When the chief judge of the District of Columbia Court of General Sessions is absent, disabled, or disqualified, his duties shall devolve upon and be performed by the associate judges of the Court according to the order of seniority of their commissions. § 11-906. Vacations for judges Each judge of the District of Columbia Court of General Sessions is entitled to vacation, not to exceed thirty-six court days in a calendar year, to be taken at times determined by the chief judge. § 11-907. Meetings and reports (a) The judges of the District of Columbia Court of General Sessions shall meet together at least once each month for the consideration of those matters pertaining to the administration of justice in the court which may be brought before them. The chief judge shall fix the times for the meetings. (b) Each associate judge shall submit to the chief judge a monthly written report, in a form prescribed by the chief judge, of the duties performed by him, specifying: (1) the number of days attendance in court of the judge during the month covered; (2) the branch courts upon which he attended; (3) the number of hours per day of his attendance; and (4) such other data as the chief judge requires. (c) The chief judge shall submit to the Attorney General of the United States and to the Commissioners of the District of Columbia a quarterly written report of the business of the court and of the duties performed by each judge of the court during the preceding three months. A copy of the report shall be filed in the office of the clerk of the court and shall be available and subject to public inspection during business hours. §11-908. Clerks for judges; compensation Each judge of the District of Columbia Court of General Sessions may appoint and remove a personal clerk and shall fix his compensation lu accordance with the Classification Act of 1949, as amended. Subchapter II—Court Officers and Employees §11-931. Clerk; compensation; general duties (a) The District of Columbia Court of General Sessions may appoint and remove a clerk, and shall fix his compensation in accordance with the Classification Act of 1949, as amended. (b) I n addition to performing any other duties prescribed by law, rules of court, or order of the chief judge, the clerk of the Court of General Sessions shall keep such dockets and records and perform such other duties as the court prescribes.

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§ 11-932. Deputy clerks and other employees; compensation; supervision; process; powers (a) Subject to the approval of the chief judge, the clerk of the District of Columbia Court of General Sessions may appoint and remove such deputy clerks and other employees of the court as he deems necessary, l l i e chief judge shall fix the compensation of the personnel so appointed in accordance with the Classification Act of 1949, as amended. (b) The deputies and employees appointed under subsection (a) of this section shall be under the supervision and direction of the clerk. (c) I n all civil actions in the Court of General Sessions, process shall be signed by the clerk or deputy clerks in the name of the court. The deputy clerks may sign the name of the clerk to any official act required by law or by practice of the court to be performed by the clerk. I n such case, the signature shall b e: " •, Clerk, by , Deputy Clerk". § 11-933. Probation officer; compensation, powers and duties The District of Columbia Court of General Sessions may appoint and remove a probation officer of the court, and shall fix his compensation in accordance with the Classification Act of 1949, as amended. The probation officer shall exercise such powers and perform such duties as may be prescribed by law. § 11-934. Assistant probation officers and other employees; compensation; supervision Subject to the approval of the chief judge, the probation officer of (he District of Columbia Couit of General Sessions may appoint and remove such assistant probation officers and other employees of the probation office as he deems necessary. The chief judge shall fix the compensation of the personnel so appointed in accordance with the Classification Act of 1949, as amended. The probation officer shall supervise and direct the assistants and employees so appointed. § 11-935. Reporters* fees for t r a n s c r i p t s In addition to their annual salaries, official reporters for the District of Columbia Court of General Sessions may charge and collect from parties, including the United States and the District of Columbia, who request transcripts of the original records of proceedings, only such fees as may be prescribed from time to time by the court.. The official reporters shall furnish all supplies at their own expense. The court shall prescribe such rules, practice, and procedure pertaining to fees for transcripts as it deems necessary, conforming as nearly as practicable to the rules, practice, and procedure established for the United States District Court for the District of Columbia. A fee may not be charged or taxed for a copy of a transcript delivered to a judge at his request or for copies of a transcript delivered to the clerk of the court for the records of the court. Except as to transcripts that are to be paid for by the United States or the District of Columbia, the reporters may require a party requesting a transcript to prepay the estimated fee therefor in advance of delivery of the transcript. Subchapter III—Jurisdiction ? 11-961. Civil jurisdiction fa) In addition to other jurisdiction conferred upon it by law • bo District of Columbia Court of General Sessions has exclusive jurisiliction of civil actions, including civil actions against executors, ad-

489

63 Stat. 954. s use 1071 note

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