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§ 14-502. Records of deeds, instruments, and wills Under the hand of the keeper of a record and the seal of the court or office in which the record was made: (1) a copy of the- record of a deed, or other written instrument not of a testamentary character, where the laws of the State, territory, commonwealth, possession or country where it was recorded require such a record, and that has been recorded agreeably to those laws; and (2) a copy of a will that the laws require to be admitted to probate and record by judicial decree, and of the decree of the court admitting the will to probate and record— are good and sufficient prima facie evidence to prove the existence and contents of the deed, will, or other written instrument, and that It was executed as it purports to have been executed. § 14-503. Record of will as prima facie evidence of contents and execution A record of a will or codicil recorded in the office of the Register of Wills of the District of Columbia, that has been admitted to probate by the United States District Court for the District of Columbia, or by the former orphans' court of the District, or a record of the transcript of the record and probate of a will or codicil elsewhere, or of a certified cop>y thereof filed in the office of the Register of Wills, is prima facie evidence of the contents and due execution of the will or codicil. § 14-504. Force in District of Columbia of wills probated elsewhere A record in the office of the Register of Wills for the District of Columbia of a duly certified copy, or transcript of the record of proceedings, admitting a will or codicil to probate outside of the District of Columbia; and a record in that office of a will or codicil admitted to probate in the District before June 8, 1898, and not annulled or declared void according to law prior to June 8, 1898, shall be deemed and held as of the same force and effect as if the will or codicil had been duly proved and admitted to probate and record pursuant to sections 19-301 to 19-303.

§ 14-505. Municipal ordinances and regulations Municipal ordinances and regulations in force in the District of Columbia may be proved by producing in evidence a copy thereof certified by the secretary or an assistant secretary of the feoard of Commissioners; and the certified copy is prima facie evidence of the due adoption and promulgation of the ordinances and regulations. § 14-506. Certified mail return receipts as prima facie evidence of delivery Return receipts for the delivery of certified mail which is utilized under any provision of law shall be received in the courts as prima facie evidence of delivery to the same extent as return receipts for registered mail. § 14-507. Other methods of proof This chapter does not prevent the proof of records or other documents by any method autnorized by other laws or rules of court.

CHAPTER 7—ABSENCE FOR SEVEN YEARS See. 14-701. Presumption of death. 14-702. Person presumed dead found living.

31 Stat. 1212; 63 Stat. 267.

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§ 14-701. Presumption of death If a person leaves his domicile without a known intention of changing it, and does not return or is not heard from for seven years from the time of his so leaving, he shall be presumed to be dead in any case where his death is in question, unless proof is made that he was alive within that time. § 14-702. Person presumed dead found living If the person presumed to be dead pursuant to section 14r-701 is found to be living, a person injured by the presumption shall be restored to the rights of which he was deprived by reason of the presumption.

TITLE 15-^UDGMENTS AND EXECUTIONS; FEES AND COSTS CHAPTER 1. JUDGMENTS AND DECBEES 3. ENFORCEMENT OF JUDGMENTS AND DECREES 6. EXEMPTIONS AND TBIAL OF BIGHT TO SEIZED PROPERTY..

.

7. FEEB AND COSTS

See.

18-101 15-SOl 15-801

15-701

CHAPTER 1—JUDGMENTS AND DECREES SUBCHAPTER I—GENEBALLY See. 15-101. Enforceable period of judgments; expiration. 15-102. Lien of Judgment, decree, or forfeited recognizance. 15-103. Bffect of revival. 15-104. Priority of liens. 16-105. Decree confirming sale of property; effect; ordering conveyance. 15-106. Judgment and damages assessed in actions on bonds or penal sums. 15-107. Setting off jud^nents. SUBCHAPTER II—COUBT OF GENBBAL SESSIONS 15-131. Judgments and executions generally; interest. 15-132. Enforceable period of Judgments; effect of docketing in District Court; Domestic Belations Branch. 15-133. Satisfaction of Judgment; recordation. Subchapter I—Generally § 15-101. Enforceable period of judgments; expiration (a) Except as provided by subsection (b) of this section, every final judgment or final decree for the payment of money rendered in the: (1) United States District Court for the District of Columbia; or (2) civil division of the District of Columbia Court of General Sessions, when certified to and docketed in the clerk's office of the District Court— is enforceable, by an execution issued thereon, for the period of twelve years only from the date when an execution might first be issued thereon, or from the date of the last order of revival thereof. The time during which the judgment creditor is stayed from enforcing the judgment, by written agreement filed in the case, or other order, or by the operation of an appeal, may not be computed as a part of the period within which the judgment is enforceable by execution. (b) A t the expiration of the twelve-year period provided by subsection (a) of this section, the judgment or decree shall cease to have any operation or effect. Thereafter, except in the case of a proceeding that may be then pending for the enforcement of the judgment or decree, action may not be brought on it, nor may it be revived, and execution may not issue on it.

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§ 15-102. Lien of judgment, decree, or forfeited recognizance (a) Every: (1) final judgment or unconditional final decree for the payment of money, from the date when it is rendered; (2) judgment or decree rendered in the civil division of the District of Columbia Court of General Sessions, when docketed in the clerk's office of the United States District Court for the District of Columbia; and (3) recognizance taken by the United States District Court for the District of Columbia, or judge thereof, from the time when it is declared forfeited— is a lien on all the freehold and leasehold estates, legal and equitable, of the defendants bound by the judgment, decree, or recognizance, in any land, tenements, or hereditaments in the District of Columbia, whether the estates are in possession or are reversions or remainders, vested or contingent. (b) A recognizance taken in the criminal division of the Court of General Sessions, after being forfeited, may be transmitted to the clerk's office of the District Court and docketed therein in the same manner as judgments rendered in the civil division of that court, with the same effect as if taken in the District Court. (c) Liens created as provided by this section continue as long as the judgment, decree, or recognizance is in force or until it is satisfied or discharged. § 15-103. Effect of revival An order of revival issued upon a judgment or decree during the period of twelve years from the rendition or from the date of an order reviving the judgment or decree, extends the effect and operation of the judgment or decree with the lien thereby created and all the remedies for its enforcement for the period of twelve years from the date of the order. § 15-104. Priority of liens The lien of a mortgage or deed of trust upon real property, given by the purchaser to secure the payment of the whole or any part of the purchase-money, is superior to that of a previous judgment or decree against the purchaser. §15-105. Decree confirming sale of property; effect; ordering conv^ance A decree confirming the sale of real or personal property sold pursuant to a decree, divests the right, title, or interest sold out of the former owner, party to the action, and vests it in the purchaser, without any conveyance by the officer or agent of the court conducting the sale. The decree constitutes notice to all persons of the transfer of title when a copy thereof is registered among the land-records of the District. In particular cases, the court may order its officer or agent to make a conveyance, if that mode is deemed preferable. § 15-106. Judgment and damages assessed in actions on bonds or penal sums (a) In a civil action on a bond or on a penal sum for the nonperformance of covenants or agreements contained in an indenture, deed, or writing, the plaintiff may assign as many breaches as he chooses. Damages shall be assessed for such breaches as he proves and judgment rendered for the whole penalty, but execution shall issue for as much only as is found in damages, with costs. (b) In an action brought under subsection (a) of this section, upon judgment for the plaintiff on motion, default, or confession, the plaintiff may assign as many breaches as he chooses, the truth

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of which shall be determined. The damages shall be assessed and execution shall issue for such damages only, with costs. (c) Payment into court, after entry of judgment and prior to the issuance of execution, of the amount of the damages and costs assessed, for the use of the plaintiff or his representatives, stays execution, and the stay shall be entered on the record. Payment to the plaintiff or his representatives, after execution, of the amount of the damages and costs assessed, together with all fees and other reasonable costs of execution, forthwith discharges the defendant's real and personal property from execution, and the discharge shall be entered on the record. However, the judgment shall remain as a security to the plaintiff or his representatives for any other breaches which he or they afterwards prove. From time to time, the plaintiff may, by motion and hearing, with reasonable notice to the defendant, assign other breaches, and damages shall be assessed for such breaches as he proves, with costs. Payment into court, before execution, or to the plaintiff or his representative, after execution, as herein described, has the same effect as hereinbefore directed. (d) I n proceedings under this section, the right of trial by jury, as to issues of fact and the amount of damages to be assessed, is preserved. ^®^ This section is subject to section 28-2405 of this Code and to section 1874 of Title 28, Ignited States Code. § 15-107. Setting off judgments Where reciprocal claims between different parties have passed into judgments the court, on motion, may order that the judgments be set off against each other and satisfaction of both be entered to the amount of the smaller claim. Subchapter II—Court of General Sessions § 15-131. Judgments and executions generally; interest I n civil cases within its jurisdiction, the District of Columbia Court of General Sessions may try, hear, and determine the matter in controversy between the parties upon their allegations and proofs, and give judgment according to law; and judgments for money rendered by it bear interest from their date until paid or satisfied, unless by the terms of the judgment interest runs from an earlier date. The court may issue writs of execution in cases in which it may render judgment. § 15-132. Enforceable period of judgments; effect of docketing in District C o u r t; Domestic Relations B r a n c h (a) A judgment entered by the District of Columbia Court of General Sessions shall remain in force for only six years, unless it is docketed in the office of the clerk of the United States District Court for the District of Columbia. Upon being so docketed, the judgment has the same force and effect for all purposes as if it were a judgment of the District Court, and, until it is so docketed, it does not become a lien upon any real property in the District. The clerk of the District Court shall charge a fee of 50 cents for docketing the judgment. (b) A judgment of the Domestic Relations Branch of the Court of General Sessions has the same legal sttitus as a lien upon real property as a judgment of the District Court. (c) Upon the payment of a fee of 50 cents, the clerk of the Court of General Sessions shall prepare a copy of any judgment of the civil division of the Court, that is in force.

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§ 15-133. Satisfaction of judgment; recordation A judgment of the civil division of the District of Columbia Court of General Sessions, or execution thereon, may not be recorded as satisfied without the receipt of the plaintiff or his attorney annexed thereto.

CHAPTER 3—ENFORCEMENT OF JUDGMENTS AND DECREES Sec.

15-301. Definition and applicability. 15-302. Period during which writ of execution may Issue; returnable period. 15-303. Alias writs. 15-304. Return of writ. 15-305. Issuance of writ after expiration of period. 15-306. Election to move for new judgment in lieu of execution. l.V-SOT. Lien of execution. 15-^08. Endorsement, by marshal, of date of receipt of writ. 1.V309. Death of judgment debtor after delivery of execution. 15-310. Lien of execution on Court of General Sessions judgment; levy. 15-311. Property subject to levy. 15-312. Levy on money and evidences of debt. 15-313. Levy on equitable interest in chattels pledged. 15-314. Appraisement; notice of sale. 1.^315. Death, removal, or disqualification of marshal. 1.^-316. Subrogation of purchaser after defective sale; no refund. 15-317. Remedy of marshal for erroneous sale made in good faith. 1.5-318. Remedies of purchaser upon refusal to deliver possersion. 15-319. Execution of final decree after death; other appropriate proceedings. 1.5-320. Enforcement of decrees. l.'>-321. Enforcement of interlocutory decrees. 15-322. Enforcement of decrees for delivery of chattels. 15-323. Limitation on seizure of real property.

§ 15-301. Definition and applicability As used in sections 16-302,15-303,15-305 to 15-307,15-309,15-310, 15-317, and 15-318, "judgment" includes an unconditional decree for the payment of money, and sections 15-302 to 15-318 arei applicable to such a decree. §15-^02. Period during which writ of execution may issue; returnable period (a) A writ of execution on a judgment in a civil action may be issued within three years after: (1) the expiration of any stay of execution agreed to by the parties; or (2) it first might have been issued under applicable provisions of law or rules of court. (b) A writ of execution shall be returnable on or before the sixtieth day after its date. § 15-303. Alias writs If a writ of execution is issued and returned unsatisfied, in whole or in part, within the period of three years provided by section 15-302, an alias writ may be issued during the life of the judgment. § 15-^04. Return of writ If the return of a writ of execution is not made on or before the return day expressed in the writ it may nevertheless be made afterwards as of that date. § 15-305. Issuance of writ after expiration of period A writ of execution not issued within the time allowed therefor, may not be issued until the judgment has been revived. The same rule applies to the order of revival in relation to the issuance of a writ of execution as to the original judgment.

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§ 15-306. Election to move for new judgment in lieu of execution During the life of the original judgment the plaintiff, instead of issuing execution thereon within the time allowed therefor, may elect to obtain a new judgment by motion and hearing as provided by rules of court. § 15-307. Lien of execution A writ of fieri facias issued upon a judgment of the United States District Court for the District of Columbia is a lien from the time of its deliverv to the marshal upon all the goods and chattels of the judgment defendant, except those that are exempted from levy and sale by express provision of law, and is also a lien upon the equitable interest of the judgment defendant in goods and chattels in his possession. § 15-308. Endorsement, by marshal, of date of receipt of writ Upon the receipt of any writ of fieri facias or other writ of execution, the marshal or his deputy shall, without fee, endorse upon the bacli of the writ the day of the month and year when he received it. § 15-309. Death of judgment debtor after delivery of execution The death of the judgment debtor after the execution issued on the judgment has been delivered to the marshal does not affect his authority to proceed against the property bound by it. § 15-310. Lien of execution on Court of General Sessions judgment; levy An execution issued on a judgment of the District of Columbia Court of General Sessions is not a lien on the personal property of the judgment debtor except from the time when it is actually levied, and then it has priority over any execution issued out of the United States District Court for the District of Columbia after the levy. I t may not be levied on real estate. § 15-311. Property subject to levy The writ of fieri facias may be levied on all goods and chattels of the debtor not exempt from execution, and upon money, bills, checks, promissory notes, or bonds, or certificates of stock in corporations owned by the debtor, and upon his money in the hands of the marshal or his deputy or other officer or person charged with the execution of the writ. A writ of fieri facias issued from the United States District Court for the District of Columbia may be levied on all legal leasehold and freehold estates of the debtor in land. § 15-^12. Levy on money and evidences of debt When the fieri facias is levied on money belonging to the judgment debtor the marshal may not expose the money to sale, but shall account for it as money collected. Bills or other evidences of debt levied upon shall be sold as other personal property is sold, and the marshal may indorse them to pass title to the purchaser. § 15-313. Levy on equitable interest in chattels pledged The interest of the debtor in personal chattels lawfully pledged for the payment of a debt or performance of a contract, or held by a trustee, and in which the debtor's interest is only equitable, may be levied upon in the hands of the pledgee or trustee without disturbing the possession of the latter, and the lien thus obtained may be enforced by civil action. I n other cases of equitable interest of the judgment debtor in personal chattels execution may also be levied thereon and the lien thus obtained may be enforced by civil action.

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§15-314 Appraisement; notice of sale Where not herein otherwise provided, all property levied upon, except money, shall be appraised by two sworn appraisers and sold at public auction for cash. Personal property may be sold after ten days' notice by advertisement, containing a description sufficiently definite to be embodied in a conveyance of title. Leasehold and freehold estates in land may be sold after notice has been made in the manner provided by section 2002 of Title 28, United States Code. 6 2 Stat. 959. § 15-315. Death, removal, or disqualification of marshal When the marshal dies, or is removed from office, or becomes otherwise disqualified from executing a writ of execution received by him, the writ may be executed and returned by his deputy or successor in office. § 15-316. Subrogation of purchaser after defective sale; no refund When, upon the sale of property under execution, the title of the purchaser is invalid by reason of a defect in the proceedings, the purchaser may be subrogated to the rights of the creditor against the debtor to the extent of the money paid by him and applied to the ^debtor's benefit, and to that extent lias a lien on the property sold against all persons except bona tide purchasers without notice; but the creditor may not be required to refund the purchase money on account of the invalidity of the sale. § 15-517. Remedy of marshal for erroneous sale made in good faith When the marshal or any other officer to whom execution has been delivered levies upon and sells in good faith property not subject thereto and applies the proceeds thereof toward the satisfaction of the judgment, and a recovery is had against him for its value, the officer, on payment of the value, may, on motion and due notice thereof to the defendant, have the satisfaction of the judgment vacated, and execution shall issue thereon for his use as if the levy and sale had not been made. § 15-^18. Remedies of purchaser upon refusal to deliver possession When real property is sold by virtue of an execution, and the judgment debtor or a person claiming under him since the rendition of the judgment is in actual possession of the property and refuses to deliver possession thereof to the purchaser upon demand made therefor, the court, on the application of the purchaser, may: (1) require the person so in possession to show cause why possession should not be delivered according to the demand; and (2) if good cause is not shown, issue a writ of habere facias possessionem, requiring the marshal to put the purchaser in possession. If the party in possession alleges under oath a title derived from the judgment debtor prior to the judgment or a title superior to that of the defendant, the writ may not issue, but the purchaser may have his remedy by an action of ejectment or the summary remedy in the District of Columbia Court of General Sessions provided for in sections 16-1501 to 16-1605. § 15-^19. Execution of final decree after death; other appropriate proceedings When a party to an action dies after final decree, the court may order execution of the decree as if death had not occurred, or the court, after motion and hearing, may order the decree revived against

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the proper representatives of the deceased party, or make such other order or direct such other proceedings as seems best calculated to advance the purposes of justice. The heir or other proper representative may appear at any time before execution of the decree and be admitted as a party to the action, on such terms as the court prescribes, and such further proceeding may be had as may be appropriate to the merits of the cause. § 15-320. Enforcement of decrees (a) For the purpose of executing a decree, or compelling obedience to it, the United States District Court for the District of Columbia or the District of Columbia Court of General Sessions, in addition to the other procedures provided for by this chapter and chapter 5 of Title 16, may: (1) issue an attachment against the person of the defendant; (2) order an immediate sequestration of his real and personal estate, or such part thereof as may be necessary to satisfy the decree; or (3) by order and injunction, cause the possession of the estate and effects whereof the possession or a sale is decreed to be delivered to the complainant, or otherwise, according to the tenor and import of the decree and as the nature of the case requires. I n case of sequestration, the court may order payment and satisfaction to be made out of the estate and effects so sequestrated, accordingto the true intent and meaning of the decree. (b) When a defendant is arrested and brought into court upon any process of contempt issued to compel the performance of a decree, the court may, upon motion, order: (1) the defendant to utand committed; or (2) his estates and effects to be sequestrated and payment made, as directed by subsection (a) of this section; or (3) possession of his estate and effects to be delivered by order and injunction, as directed by subsection (a) of this section— until the decree or order is fully performed and executed, according to the tenor and true meaning thereof, and the contempt cleared. (c) Where a decree only directs the payment of money, the defendant may not be imprisoned except in those cases especially provided for. § 15-321. Enforcement of interlocutory decrees An interlocutory order may be enforced by such process as might be had upon a final judgment or decree to the like effect, and the payment of costs adjudged to a party may be enforced in like manner. § 15-322. Enforcement of decrees for delivery of chattels I n addition to the procedures for enforcement of judgments or decrees otherwise provided for, an order or decree for the delivery of chattels may be enforced by the same writs as are used in the action of replevin at common law. § 15-323. Limitation on seizure of real property Real property or rent shall not be seized for a debt, as long as the present goods and chattels of the debtor are sufficient to pay it, and the debtor himself is ready to satisfy the debt.

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CHAPTER 5—EXEMPTIONS A N D TRIAL OF RIGHT TO SEIZED PROPERTY SUBCHAPTER I—EXEMPTIONS See. 15-501. Exempt property of householder; property in transitu; debt for wages. 15-502. Mortgage or other instrument affecting exempt property. 15-503. Earnings and other income; wearing apparel and tools of certain persons. SUBCHAPTER II—TRIAL OF RIGHT TO PROPERTY SEIZED ON PROCESS OF COURT OF GENERAL SESSIONS 15-621. Notice of claim or exemption; trial. 15-522. Docketing of claim; manner of trial. 15-523. Judgment. 15-524. Replevin against officer. Subchapter I—Exemptions § 15-501. Exempt property of householder, property in transitu; debt for wages (a) The following property of the head of a family or householder residing in the District of Columbia, or of a person who earns the major portion of his livelihood in the District of Columbia, being the head of a family or householder, regardless of his place of residence, IS free and exempt from distraint, attachment, levy, or seizure and sale on execution or decree of any court in the District of Columbia: (1) all wearing apparel provided for all persons within the household, being members of the immediate family of the household, not exceeding $300 per person in value; (2) all beds, bedding, household furniture and furnishings, sewing machines, radios, stoves, cooking utensils, not exceeding $300 in value; (3) provisions for three months' support, whether provided or growing; (4) fuel for three months; (6) mechanics' tools and implements of the debtor's trade or business amounting to $200 in value, with $200 worth of stock or materials for carrying on the business or trade of the debtor; (6) the library, office furniture, and implements of a professional man or artist, not exceeding $300 in value; (7) one horse or mule; one cart, wagon, or dray and harness, or one automobile or motor-controlled vehicle not exceeding $500 in value if used principally by the debtor in his trade or business; and (8) all family pictures; and all the family library, not exceeding $400 in value. The exemption provided for by clause (5) of this subsection also applies to merchants. (b) The exemptions provided for by subsection (a) of this section. are valid when the property is in transitu the same as if at rest; but property named and exempted in this section is not exempt from attachment or execution for a debt due for the wages of servants, common laborers, or clerks, except the wearing apparel, beds, and bedding and household furniture for the debtor and family. (c) For the purpose of this section, the person who is the principal provider for the family is the head thereof. 93-025 0-64-36

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§15-502. Mortgage or other instrument affecting exempt property A mortgage, deed of trust, assignment for the benefit of creditors, or bill of sale upon exempted articles is not binding or valid unless it is signed by the wife of a debtor who is married and living with his wife. § 15-503. E a r n i n g s and other income; wearing apparel and tools of certain persons (a) The earnings (other than wages, as defined in subchapter III of chapter 5 of Title 16), insurance, annuities, or pension or retirement payments, not otherwise exempted, not to exceed $200 each month, of a person residing in the District of Columbia, or of a person who earns the major portions of his livelihood in the District of Columbia, regardless of place of residence, who provides the principal support of a family, for two months next preceding the issuing of any writ or process against him, from any court or officer of and in the District, are exempt from attachment, levy, seizure, or sale upon the process, and may not be seized, levied on, taken, reached, or sold by process or proceedings of any court, judge, or other officer of and in the District. Where husband and wife are living together, the aggregate of the earnings, insurance, annuities, and pension or retirement payments of the husband and wife is the amount which shall be determinative of the exemption of either in cases arising ex contractu. (b) The earnings (other than wages, as defined in subchapter III of chapter 5 of Title 16), insurance, annuities, or pension or retirement payments, not otherwise exempt, not to exceed $60 each month for two months preceding the date of attachment of persons residing in the District of Columbia, or of persons who earn the major portions of their livelihood in the District of Columbia, regardless of place of residence, who do not provide for the support of a family, are entitled to like exemption from attachment, levy, seizure, or sale. All wearing apparel belonging to such persons, not exceeding $300 in value, and mechanic's tools not exceeding $200 in value, are also exempt. (c) A notice of claim of exemption, or motion to fjuash attachment or other process against exempt property or money, may be filed in the office of the clerk of the court either by the debtor, his spouse, or a garnishee. Thereupon, the court, after due notice, shall promptly act upon the notice, motion, or other claim of exemption. Subchapter II—Trial of Right to Property Seized on Process of Court of General Sessions § 15-521. Notice of claim or exemption; trial When personal property taken on execution or other process issued by the District of Columbia Court of General Sessions is claimed by a person other than the defendant therein, or is claimed by the defendant to be property exempt from execution, and the claimant gives written notice to the marshal of his claim, or the defendant gives notice, in writing, that the property is exempt, the marshal shall notify the plaintiff of the claim and return the notice to the court, and a trial of the right of property, or the question of exemption, shall be had before the court. § 15-522. Docketing of claim; manner of trial The case made by the claim referred to in section 15-521 shall be entered on the docket as an action by the claimant or the defendant against the plaintiff and tried in the same manner^as other cases before the District of Columbia Court of General Sessions.

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§ 15-523. Judgment If the property referred to in section 15-521 appears to belong to the claimant or to be exempt from the process, judgment shall be entered against the plaintiff for costs, and the property levied upon shall be released. If the property does not appear to belong to the claimant or to be exempt, judgment shall be entered against the claimant or the defendant as the case may be, for costs, including additional costs occasioned by the delay in the execution of the writ. § 15-524. Replevin against officer This subchapter does not prevent a claimant other than the defendant from bringing an action of replevin against the officer levying upon the property claimed as described in this subchapter. CHAPTER 7—FEES A N D COSTS 15-701. 15-702. 15-703. 15-704. 15-705. 15-706. 15-707. 15-708. 15-709. 15-710. 15-711. 15-712. 15-713. 15-714. 15-715. 15-716.

Compensation taxed as costs; attorneys' compensation from clients. Docket fees of attorneys and proctors. Deposit for costs; security for costs by nonresidents. Advance payment of costs and fees. Exemption of District of Columbia and United States from fees, costs, and bonds. Clerk's fees in United States District Court for the District of Columbia. Probate Court fees. Deposit for probate court fees. Fees and costs in Court of General Sessions in ciril and criminal cases. Fees and costs in Domestic Relations Branch of Court of General Sessions. Deposit or security for costs in Court of General Sessions. Waiver of prepayment of costs in Court of General Sessions. Deposits for jury trials in Court of General Sessions. Witness fees for attendance in Court of General Sessions. Witness fees in prosecutions for cruelty to children or animals. Advances to Court of General Sessions clerk for witness fees.

§ 15-701. Compensation taxed as costs; attorneys' compensation from clients (a) Except as otherwise provided by law, only the compensation specified in this chapter may be taxed and allowed to attorneys, proctors. United States attorney, clerk of the United States District Court for the District of Columbia, marshal, witnesses, and jurors. (b) This chapter does not prohibit attorneys and proctors from charging or receiving from their clients other than the government such reasonable compensation for their services, in addition to the taxable costs, as may be in accordance with general usage or may be agreed upon. § 15-702. Docket fees of attorneys and proctors (a) Attorney's and proctor's docket fees may be taxed in the amounts fixed by section 1923 of Title 28, United States Code. (b) An attorney for the District of Columbia may not retain attorney fees taxed as costs in litigation in which the District of Columbia is a party. §15-703. Deposit for costs; security for costs by nonresidents (a) A t the commencement of every suit in the United States District Court for the District of Columbia the plaintiff shall deposit at least ten dollars with the clerk, to be appropriated toward the costs of the suit. The court may prescribe rules as to any further costs to be paid by either the plaintiff or defendant during the progress of

62 Stat. 956.

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the case, and as to the collection thereof. Upon the termination of the case any surplus of costs shall be refunded by the clerk. (b) The defendant in a suit instituted by a non-resident of the District of Columbia, or by one who becomes a non-resident after the suit is commenced, upon notice served on the plaintiff or his attorney after service of process on the defendant, may require the plaintiff to give security for costs and charges that may be adjudged against him on the final disposition of the cause. This right of the defendant does not entitle him to delay in pleading, and his pleading before the giving of the security is not a waiver of his right to require security for costs. I n case of noncompliance with these requirements, within a time fixed by the court, judgment of nonsuit or dismissal shall be entered. The security required may be by an undertaking, with security, to be approved by the court, or by a deposit of money in an amount fixed by the court. A nonresident, at the commencement of his suit, may deposit with the clerk such sum as the court deems sufficient as security for all costs that may accrue in the cause, which deposit may afterwards be increased on application, in the discretion of the court. § 15-704. Advance payment of costs and fees (a) Costs and fees for services rendered by the clerk of the United States District Court for the District of Columbia and the Register of Wills and chargeable to others than the United States or the District of Columbia are payable in advance and shall be collected pursuant to such rules and regulations, not incompatible with law, as are prescribed by the court. (b) Section 15-706 does not prohibit the court from directing, by rule or standing order, the collection, at the time the services are rendered, of the fees enumerated in that section from either party, but all such fees shall be taxed as costs in the respective cases. § 15-705. Exemption of District of Columbia and United States from fees, costs, and bonds (a) The District of Columbia or any officer thereof acting therefor may not be required to pay court costs or fees in any court in and for the District of Columbia. (b) The District of Columbia may not be required to pay fees to the clerk of the United States Court of Appeals for the District of Columbia, or to the marshal of the District, and is entitled to the services of the marshal in the service of aJl civil process. (c) The United States and the District of Columbia may not be required to pay fees and costs for services rendered by the clerk of the United States District Court for the District of Columbia and the Register of Wills. (d) Neither the United States nor the District of Columbia, nor any officer of either acting in his official capacity, may be required to give bond or enter into undertaking to perfect an appeal or to obtain an injunction or other writ, process, or order in or of axij court in the District of Columbia for which a bond or undertaking is required by law or rule of court. § 15-706. Clerk's fees in United States District Court for the District of Columbia (a) For filing the following-named cases and for all services to be performed therein, except as otherwise provided by law, the clerk of the United States District Court for the District of Columbia shall charge and collect the following fees: (1) civil actions, $10; (2) lunacy cases, $10;

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deportation cases, $10; requisition cases, $10; habeas corpus cases, $10; plea of title cases, $10; District court cases, $15; condemnation cases, $15;

feeble-minded cases, $7.50; change of name cases, $5; intervening petitions in any case, $5; cases substituting trustees, $4; docketing judgments of the District of Columbia Court of General Sessions, as provided in section 15-132; and (15) limited partnership cases, $3. (b) Upon the perfecting of an appeal to the United States Court of Appeals for the District of Columbia Circuit, the clerk shall charge and collect from the party or parties prosecuting the appeal an additional fee of $5 in the action or proceeding. (c) For each additional trial or linal hearing, upon a reversal by the United States Court of Appeals for the District of Columbia Circuit, or following a disagreement by a jury or the granting of a new trial or rehearing by the court, the clerk shall charge and collect from the party or parties securing the reversal, new trial, or rehearing, the further sum of $5. (d) In a case where attachments, executions, or rules are issued, the clerk shall charge and collect the following fees in addition to the fees otherwise provided: (1) for each writ of attachment, $1, and each copy, $1; (2) for each writ of execution, $1.50; (3) for each rule 50 cents, and each copy certified, 50 cents; (4) for each writ of ne exeat, $1; (5) for each bench warrant, $1; (6) for each warrant of arrest, $1. (e) In addition to the fees for services rendered in cases hereinbefore enumerated the clerk shall charge and collect, for miscellaneous services performed by him and his assistants, except when on behalf of the United States, the following fees: (1) for issuing a writ or subpoena for a witness not in a case instituted or pending in the court from which it is issued, 50 cents for each writ and copy or subpoena and copy; (2) for filing and indexing any paper not in a case or proceeding, 25 cents; (3) for administering an oath or affirmation, not in a case or proceeding pending in the court where the oath is administered, 50 cents; (4) for an acknowledgment, certificate, affidavit, or countersignature, with seal, 50 cents; (5) for taking and certifying depositions to file, 20 cents for each folio of one hundred words, and if taken stenographically, 15 cents per folio additional for the stenographer; (6) for copy of a record, entry, or other paper and the comparison thereof, 15 cents for each folio of one hundred words; (7) for searching the records of the court for judgments, decrees, or other instruments, or marriage records, 50 cents for each year covered by the search and for certifying the result, 50 cents;

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(8) for making and comparing a transcript of record on appeal, 16 cents for each folio of one hundred words; (9) for comparing a transcript, copy of record, or other paper not made by the clerk with the original thereof, 5 cents for each folio of one hmidred words; (10) for administering oath of admission of attorneys to practice, $2 each; for certificate of admission to be furnished upon request, $2 additional; (11) for each marriage license, $2; (12) for each certified copy of marriage license and return, $1; (13) for each certified copy of application for marriage license, $1; (14) for registering clergymen's authorizations to perform marriages and issuing certificate, $1; (15) for each certificate of official character, including the seal, 60 cents; (16) for filing and recording each notice of mechanic's lien, $1; (17) for entering release of mechanic's lien, 60 cents for each order of lienor; 75 cents for each undertaking of lienee; (18) for recording physicians', optometrists', and midwives' licenses, 50 cents each; (19) for the clerks' attendance on the court while actually in session, $6 per day; (20) for all services rendered to the United States in cases in which the United States is a party of record, $5. § 15-707. Probate Court fees (a) The Eegister of Wills, clerk of the Probate Court, may demand and receive in advance, for services performed by him, the following fees: (1) for filing petition or caveat, 50 cents; (2) for filing other papers, each 5 cents; (3) for making docket and indexes and taxing costs in each case, $2.50; (4) for additional docket entries, each, 26 cents; (5) for issuing subpoena to witness and copies, each, 25 cents; (6) for issuing subpoena duces tecum, 50 cents; (7) for issuing summons, citation, commission, rule, warrant, notice of trial, process, execution, attachment, or writ, each$l; (8) for issuing notices to creditors, distributees, and legatees, each 50 cen^; (9) for copies of summons, citation, rule, warrant, or other process, order of publication, notice to creditors, legatees, and distributees, attested under seal and delivered for service or publication, each 50 cents; (10) for taking and recording every bond, $1.50; (11) for a probate of will, inventory, or account, $1; (12) for issuing letters testamentary or of administration, collection, or guardianship, $1; (13) for issuing certificate of appointment of executor, administrator, collector, or guardian, $1; (14) for entering panel of jury and swearing them, 50 cents; (15) for administering an oath or affirmation, 15 cents; (16) for passing a claim against an estate and entering in docket of claims, 30 cents;

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(17) for drawing depositions of witnesses, per folio, 15 cents; (18) for ever^ search of the files or records outside of a regular proceeding, where no other service is performed for which a fee is allowed, $ 1; (19) for examining or stating an account of executor, administrator, collector, guardian, receiver, or trustee, not exceeding one hundred items, $5; (20) for each additional item, 2 cents; (21) for stating the distribution of an estate, for each distributee, $ 1; (22) for a copy of an account, not exceeding one hundred items, $1.50; (23) for each additional item, 2 cents; (24) for recording all papers, per folio, 15 cents; (25) for copies of all papers not otherwise specified, per folio, 12 cents; (26) for every certificate under seal, not otherwise specified, 50 cents. (1)) Where the estate does not exceed two hundred dollars in value the Register of Wills shall receive no fees, and where the estate does not exceed five hundred dollars in value the fees may not exceed ten dollars, (c) The court may allow to the Register reasonable fees for any service he may render not specified by section 15-706. § 15-708. Deposit for probate court fees For proceedings in the probate court deposits and fees shall be paid to the Regrster of Wills. Upon the presentation for filing of a petition or a caveat to a wili, he may require a deposit for his fees to be charged for the proceedings under the petition or caveat. Upon the deposit becoming exhausted in the liquidation of his fees so charged, he may require a further deposit from the original petitioner or caveator. The deposits may not be required in excess of fifteen dollars at any one time. § 15-709. Fees and costs in Court of General Sessions in civil and criminal cases (a) The District of Columbia Court of General Sessions may prescribe fees and costs, including the fee to be paid for a jury trial. Section 15-702(a), relating to docket fees of attorneys and proctors, does not apply to the Court of General Sessions. (b) Fees for service by the United States marshal of process issued by the Court of General Sessions shall be: (1) in civil actions, as prescribed by rule of the United States District Court for the District of Columbia; and (2) in criminal actions, the same as fees prescribed for like service in the District Court. § 15-710. Fees and costs in Domestic Relations Branch of Court of General Sessions The judges of the Domestic Relations Branch of the District of Columbia Court of General Sessions, with the approval of the chief judge of the court, shall prescribe, by rules, the fees, charges, and costs in actions and proceedings in the Domestic Relations Branch. § 15-711. Deposit or security for costs in Court of General Sessions Nonresidents of the District of Columbia may commence suits in the District of Columbia Court of General Sessions without first giving security for costs, but upon motion may be required to give security pursuant to section 15-703.

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§ 15-712. Waiver of prepayment of costs in Court of General Sessions When satisfactory evidence is presented to the District of Columbia Court of General Sessions or one of the judges thereof that the plaintiff in a suit is indigent and unable to make deposit of costs, the court or judge may permit the prosecution of the suit without the prepayment or deposit of costs. § 15-713. Deposits for jury trials in Court of General Sessions Deposits made on demands for jury trials in accordance with rules prescribed by the District of Columbia Court of General Sessions under authority granted in section 15-709 shall be earned unless, prior to three days before the time set for trial, including Sundays and legal holidays, a new date for trial is set by the court, cases are discontinued or settled, or demands for jury trials are waived. § 15-714. Witness fees for attendance in Court of General Sessions (a) There shall be paid to witnesses in criminal cases in the District of Columbia Court of General Sessions, not exceeding seventy-five cents per diem for each day of attendance, to be allowed only in the discretion of the court. (b) The fees and travel allowances to be paid any witness compelled by subpoena to attend any branch of the District of Columbia Court of General Sessions other than the criminal division shall be the same amount as paid a witness compelled to attend before the United States District Court for the District of Columbia. § 15-715. Witness fees in prosecutions for cruelty to children or animals An officer or member of the Humane Society is not entitled to any fee as a witness in the prosecution of a case of cruelty to children or animals. § 15-716. Advances to Court of General Sessions clerk for witness fees The Board of Commissioners or its authorized representative may advance to the clerk of the District of Columbia Court of General Sessions upon requisition previously approved by the Board of Commissioners or its authorized representative, sums of money not exceeding $500 at any one time, to be used for the payment of witness fees.

TITLE 16—PARTICULAR ACTIONS, PROCEEDINGS AND MATTERS CHAPTER

1. ACCOUNT 3. ADOPTION 5. 7. 9. 11. 13. 15. 17. 19. 21. 23. 25. 27. 29. 31. 33.

ATTACHMENT AND G A B N I S H H E N T CRIMINAL PBOCEEDINOS I N THE COTJBT OF GENERAL SESSIONS DivoBCE, ANNULMENT, SEPABATION, SIJPPORT, E T C EJECTMENT AND OTHEB REAL PROPERTY ACTIONS E M I N E N T DOMAIN FORCIBLE E N T B T AND DETAINEB GAMING TBANBACTIONS HABEAS GOBPUB JOINT CONTRACTS JUVENILE OOUBT PBOCEEDINOS CHANGE o r N A M E NEGLIGENCE CAUSING D E A T H PABTITION AND ASSIGNMENT or DOWEB PROBATE COURT PBOCEEDINOS QUIETING TITLE OBTAINED BY AOVEBSE POSSESSION

85. Quo WABBANTO 37, REPLEVIN

Sec.

16-101 16-301 16-501 16-701 16-001 16-1101 16-1301 16-1501 16-1701 16-1901 1-2101 16-2301 16-2501 16-2701 16-2901 16-3101 16-3301

16-3601 16-3701

39. SMALL CLAIMS AND CONCILIATION PBOCEDUBE I N COUBT OF GENERAL

SESSIONS 41. SUBBTIEB

16-3901 16-4101

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C H A P T E R l—ACCOUNT Sec. 16-101. Parties.

§ 16-101. Parties A n action of account ^hall and may be brought against the executor ind administrator of every guardian, bailiff and receiver; and by one joint-tenant and tenant in common, his executors and administrators, against the other, as bailiff for receiving more than comes to his just share or proportion, and against the executor and administrator of such a jomt-tenant or tenant in common. C H A P T E R 3—ADOPTION See.

16-301. 16-302. 16-303. 16-.304. 16-305. 16-306. 16-:i07. 16-308. 16-309. 16-310. 16-311. 16-312. 16-^13. 16-314.

Jurisdiction; rules. Persona who may adopt. Persons adopted. Consent Petition for adoption. Notice of adoption proceeding. InvestlRation, report, and recommendation. Investigations when prospective adoptee is adult or petitioner is spouse of natural parent. Adoption proceedings. Finality of decrees of adoption. Sealing and inspection of records and papers. Legal effects of adoption. Child as including adopted person. Birth certificates.

§16-301. Jurisdiction; rules (a) Subject to subsection (b) of this section, the Domestic Relations Branch of the District of Columbia Court of General Sessions has jurisdiction to hear and determine petitions and decrees of adoption of any adult or child with authority to make such rules, not inconsistent with this chapter, as shall bring fully before the court for consideration the interests of the prospective adoptee, the natural parents, the petitioner, and any other properly interested party. (b) Jurisdiction shall be conferred when any of the following circumstances exist: (1) petitioner is a legal resident of the District of Columbia: (2) petitioner has actually resided in the District for at least one year next preceding the filing of the petition; or (3) the child to be adopted is in the legal care, custody, or control of the Commissioners or a child-placing agency licensed under the laws of the District. § 16^02. Persons who may adopt ^ Any person may petition the court for a decree of adoption. A petition may not be considered by the court unless petitioner's spouse, if he has one, joins in the petition, except that if either the husband or wife is a natural parent of the prospective adoptee, the natural parent need not join in the petition with the adopting parent, but need only give his or her consent to the adoption. If the marital status of the petitioner changes after the time of filing the petition and before the time the decree of adoption is final, the petition must be amended accordingly. § 16^03. Persons adopted A person, whether a minor or BXI adult, may be adopted.

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[77 STAT.

§16-304. Consent (a) A jpetition for adoption may not be granted by the court unless there is filed with the petition a written stutenient of consent, as provided by this section, signed and acknowledged before an officer authorized by law to take acknowledgments, before a representative of a licensed child-placing agency, or before the Board of Commissioners of the District, or unless a relinquishment of parental rights with respect to the prospective adoptee has been recorded and filed as provided by section 32-786. (J,) Consent to a proposed adoption of a person under twenty-one years of age is necessary: (1) from the prospective adoptee, if he is fourteen years of age or over; and also, (2) in accordance with the provisions of any one of the following paragraphs: (A) from both parents, if they are or were married and are both alive; or (B) from the living parent of the prospective adoptee, if one of the parents is dead; or (C) from the mother in the case of a prospective adoptee born out of wedlock, unless the prospective adoptee has been legitimated according to the laws of any jurisdiction, in which case the consent of the father is also required if he is alive; or (D) from the mother of a prospective adopter born in wedlock, if the illegitimacy of the prospective adoptee has been established to the satisfaction of the court; or (E) from the c^urt-appointed guardian of the prospective adoptee; or (F) from a licensed child-placing agency or the Board of Commissioners in case the parental rights of the parent or parents have been terminated by a court of competent jurisdiction or by a release of parental rights to the Board or licensed child-placing agency, based upon consents obtained in accordance with paragraphs (A) through (E) of this subdivision, and the prospective adoptee has been lawfully placed under the care and custody of the agency or the Board: or (G) from the Board of Commissioners in any situation not otherwise provided for by this subdivision. (c) Minority of a natural parent is not a bar to that parent's consent to adoption. (d) "When a parent whose consent is hereinbefore required, after such notice as the court directs, cannot be located, or has abandoned the prospective adoptee and voluntarily failed to contribute to his support for a period of at least six months next preceding the date of the filing of the petition, the consent of that parent is not required. (e) The court may grant a petition for adoption without any of the consents specified in this section, when the court finds, after a hearing, that the consent or consents are withheld contrary to the best interests of the child. (f) A person over twenty-one years of age may be adopted, on the petition of the adopting parent or parents and with the consent of the prospective adoptee, if the court is satisfied that the adoption should be granted. § 16-305. Petition for adoption A petition filed for the adoption of a person shall be under oath or affirmation of the petitioner and the titling thereof shall be sub-

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stantially as follows: "Ex parte in the matter of the petition of for adoption." The petition or the exhibits annexed thereto shall contain the following information: (1) the name, sex, date, and place of birth of the prospective adoptee, and the names, addresses and residences of the natural parents, if known to the petitioner, except that in an adoption proceeding that is consented to by the Board of Commissioners or a licensed child-placing agency, the names, addresses and residences of the natural parents may not be set forth; (2) the name, address, age, business or employment of the petitioner, and the name of the employer, if any, of the petitioner; (3) the relationship, if any, of the prospective adoptee to the petitioner; (4) the race and religion of the prospective adoptee, or his natural parent or parents; (6) the race and religion of the petitioner; (6) the date that the prospective adoptee commenced residing with petitioner; and (7) any change of name which may be desired. "When any of the above facts is unknown to the petitioner, the petitioner shall state this fact. When any of the above facts is known to the Board of Commissioners, or a licensed child-placing agency that as a matter of social policy declines to disclose them to the petitioner, the facts may be disclosed to the court in an exhibit filed by the Board or the agency with the court. If more than one petitioner joins in a petition, the requirements of this section apply to each. § 16-^06. Notice of adoption proceedings (a) Except as provided by subsection (b) of this section, due notice of pending adoption proceedings shall be given to each person whose consent is necessary thereto, immediately upon the filing of a petition. The notice shall be given by summons, by registered letter sent to the addressee only, or otherwise as ordered by the court. (b) A party who formally gives his consent to the proposed adoption, as provided by this chapter, thereby waives the requirement of notice to him pursuant to this section. §16-307. Investigation, report, and recommendation (a) Except as provided by section 16-308, upon the filing of a petition the court shall refer the petition for investigation, report, and recommendation to: (1) the licensed child-placing agency by which the case is supervised; or (2) the Board of Commissioners, if the case is not supervised by a licensed child-placing agency. (b) The investigation, report, and recommendation shall include: (1) an investigation of: (A) the truth of the allegations of the petition; (B) the environment, antecedents, and assets, if any, of the prospective adoptee, to determine whether he is a proper subject for adoption; (C) the home of the petitioner, to determine whether the home is a suitable one for the prospective adoptee; and (D) any other circumstances and conditions that may have a bearing on the proposed adoption and of which the court should have knowledge; (2) a written report to the court of the findings of the investigation; and

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(3) a recommendation to the court whether a final decree declaring the adoption prayed for in the petition should be immediately granted, or whether the court should grant an interlocutory decree granting temporary custody of this prospective adoptee to the petitioner, as hereinafter set forth, (c) The written report submitted to the court shall be filed with. ami become part of, the records in the case. § 16-308. Investigations when prospective adoptee is a d u l t or petitioner is spouse of natural parent The court may dispense with the investigation, report, and interlocutory decree provided for by this chapter when: (1) the prospective adoptee is an adult; or (2) the petitioner is a spouse of the natural parent of the prospective adoptee and the natural parent consents to the adoption or joins in the petition for adoption. §16-309. Adoption proceedings (a) Within a pwiod of ninety days, or such time as extended by the court, after a copy of the petition and the order providing for the report is served upon the agency directed to make the investigation, the agency shall make the report and recommendation required by section 16-307 to the court and thereupon the court shall proceed to act upon the petition. (b) After considering the petition, the consents, and such evidence as the parties and any other properly interested person may present, the court may enter a final or interlocutory decree of adoption when it is satisfied that: (1) the prospective adoptee is physically, mentally, and otherwise suitable for adoption by the petitioner; (2) the petitioner is fit and able to give the prospective adoptee a proper home and education; and (3) the adoption will be for the best interests of the prospective adoptee. (c) A final decree of adoption may not be entered unless the prospective adoptee has been living with the petitioner for at least six months. (d) If it appears to be in the interest of the prospective adoptee, the court may enter an interlocutory decree of adoption, which shall by its terms automatically become a final decree of adoption on a day therein named, not less than six months nor more than one year, from the date of entry of the interlocutory decree, unless in the interim the decree shall have been set aside for cause shown. The supervising agency shall be permitted to visit the adoptee during the period of the interlocutory decree. (e) The court may revoke its interlocutory decree for good cause shown at any time before it becomes a final decree, either on its own motion or on the motion of one of the parties to the adoption. Before the revocation, notice shall be given thereof to all those persons or parties who were given notice of the original petition for adoption, and an opportunity for all of them to be heard. (f) All proceedings with reference to adoption shall be of a confidential nature and shall be held in chambers or in a sealed courtroom with as little publicity as the court deerris appropriate. § 16-310. F i n a l i t y of decrees of adoption An attempt to invalidate a final decree of adoption by reason of a jurisdictional or procedural defect may not be received by any court of the District, unless regularly filed with the court within one year following the date the final decree became effective.

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§ 16-<311. Sealing and inspection of records and papers From and after the filing of the petition, records and papers in adoption proceedings shall be sealed. They may not be inspected by any person, including the parties to the proceeding^ except upon order of the court, and only then when the court is satisfied that the welfare of the child will thereby be promoted or protected. The clerk of the court shall keep a separate docket for adoption proceedings. § 1&-312. Legal effects of adoption (a) A final decree of adoption establishes the relationship of natural parent and natural child between adoptor and adoptee for all purposes, including mutual rights of inheritance and succession as if adoptee were born to adoptor. The adoptee takes from, through, and as a representative of his adoptive parent or parents in the same manner as a child by birth, and upon the death of an adoptee intestate, his property shall pass and be distributed in the same manner as if the adoptee had been born to the adopting parent or parents in lawful wedlock. All rights and duties including those of inheritance and succession between the adoptee, his natural parents, their issue, collateral relatives, and so forth, are cut off, except that when one of the natural parents is the spouse of the adoptor, the rights and relations as between adoptee, that natural parent, and his parents and collateral relatives, including mutual rights of inheritance and succession, are in no wise altered. (b) While it is in force, an interlocutory decree of adoption has the same legal effect as a final decree of adoption. Upon the revocation of an interlocutory decree of adoption, the status of the adoptee, the natural parents of the adoptee, and the petitioners are as though the interlocutory decree were null and void ab initio. (c) The family name of the adoptee shall be changed to that of the adopter unless the decree otherwise provides, and the given name of the adoptee may befixedor changed at the same time. § 16-313. Child as including adopted person In the District, "child" or its equivalent in a deed, grant, will, or other written instrument includes an adopted person, unless the contrary plainly appears by the terms thereof, whether the instrument was executed before or after the entry of the interlocutory decree of adoption, if any, or before or after the final decree of adoption became effective. § 16-^14. Birth certificates (a) Notice of a final decree of adoption shall be sent to the Board of Commissioners. Unless otherwise requested in the petition by the adopters, the Board shall cause to be made a new record of the birth in the new name and with the names of the adopters and shall then cause to be sealed and filed the original birth certificate with the order of the court. The sealed package may be opened only by order of the court. (b) If the adoption occurred outside the District either before or after August 25, 1937, upon filing with the Board of Commissioners a certified copy of the final decree of adoption, the Board shall cause to be made a new record of the birth in the new name and with the names of the adopters and shall then cause to be sealed and filed the original birth certificate with the certified copy of the final decree of adoption. The sealed package may be opened only by order of a court of competent jurisdiction. (c) If the birth of the adoptee occurred outside the District the clerk of the court shall, upon petition by the adopter, furnish him with a certified copy of the final decree of adoption.

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(d) When an adoption in the District occurred prior to August 25, 1937, the court shall, upon presentation of a motion by a party to the proceedings, order the clerk of the court to seal the records in the proceeding. Upon presentation of a certified copy of the order the Board of Commissioners shall cause to be made a new record of the birth in the new name and with the names of the adopters and shall then cause to be sealed and filed the original birth certificate with the order of the court. The sealed package may be opened only by order of the court. § 16-315. Prior proceedings The provisions of this chapter have no effect prior to June 8, 1954, except to the extent that they specifically so provide. They do not affect in any way the rights and relations obtained by any decree of adoption entered prior to June 8, 1954. CHAPTER 5—ATTACHMENT AND GARNISHMENT SUBCHAPTER I—ATTACHMENT AND OABNISHMENT GBNERAIXY Sec.

16-501. 16-502. 16-503. 16-504. 16-505. 16-506. 16-507. 16-508. 16-509. 16-510. 16-511. 16-512. 16-513. 16-514. 16-515. 16-516. 16-517. 16-518. 16-519. 16-520. 16-521. 16-522. 16-523. 16-524. 16-525. 16-526. 16-527. 16-528. 16-529. 16-530. 16-531. 16-532. 16-533.

Attachment before Judgment; affidavit and bond. Service of notice; publication. Attachment for debt not due. Additional attachment. Sufficiency of plaintiff's bond. Traversing affidavits; quashing writ of attachment; trial of issues. Property subject to attachment; liens; priorities. Attachment of real property. Attachment of personal property; undertaking the defendant or person in possession. Release of property or credits from attachment; sufficiency of undertalking. Attachment of credits or partnership interest; retention of property and credits by garnishee. Attachment and levy upon wages of nonresident. Advance payment of wages to avoid attachment or garnishment. Credits or property held for two or more persons or in representative capacity. Attachment of judgments and money or property in hands of marshaL Attachment of money or property in hands of executor or administrator. Attachment of other property in replevin action. Preservation of property; sale; receiver. Defenses by garnishee. Defending against the attachment; trial of Issues. Interrogatories to garnishee; oral examination. Traverse of garnishee's answers; trial of issue; costs and attorney's fee. Claims to attached property. Judgment generally; condemnation of attached property. Condemnation I n d sale of property; proceeds of sale under interlocutory order. Judgment against garnishee. Judgment ih case of undertaking for retention of property or credits. Judgment protects garnishee. Attachment in actions for fraudulent conveyances. Time for trial of issues. Attachment dockets; index of attachments. Other remedies of judgment creditor. Attachment proceedings in Court of General Sessions.

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PUBLIC LAW 88-241-DEC. 23, 1963

SUBCHAPTER II. ATTACHMBNT AND GARNISHMENT AFTER JUDGMENT IN AID OF EXECUTION Sec. 16-541. 16-542. 16-543. 16-544. 16-545. 16-546. 16-547. 16-548. 16-549. 36-550. 16-551. 16-552. 16-553. 16-554. 16-555.

Definition and applicability. Issuance of attachment after judgment; costs. Revival of Judgment unnecessary. Property subject to attachment. Multiple attachments against same Judgment debtor. Attachments of credits. Retention of property or credits by garnishee. Attachment of judgments and money or property in hands of marshal. Attachment of money or property in hands of executor or administrator, Preservation of property; sale. Defending against the attachment; trial of issues. Interrogatories to garnishee; oral examination. Traverse of garnishee's answers; trial of issue; costs and attorney's fee. Claims to attached property. Condemnation and sale of property; proceeds of sale under interlocutory order. 16-556. Judgment against garnishee. SUBCHAPTER III. ATTACHMENT AX1> GARNISHMENT OF WAGES, ETC. Sec.

36-571. 16-572. 16-573. 16-574. 16-575. 16-576. 16-577. 16-578. 16-579.

Definition. Attachment of wages; percentage limitations; priority of attachments. Employer's duty to withhold and make payments; percentage. Judgment creditor to file receipts, in court, of amount collected. Judgment against employer-gamishee for failure to pay percentages. Lapse of attachment upon resignation or dismissal of employee. Applicability of per centum limitations to judgments for support. Court of General Sessions judgments; lapse; validity. Payments by employer-gamishee where employee has no salary or salary inadequate for services rendered. 16-580. Quashing attachment where Judgment obtained to hinder Just claims. 16-581. Rules of procedure. 16-582. Attachments to which this subchapter is applicable.

Subchapter I—Attachment and Garnishment Generally § 16-501, Attachment before judgment; affidavit and bond (a) This section applies to any civil action in the United States District Court of the District of Columbia or the District of Columbia Court of General Sessions, for the recovery of: (1) specific personal property; (2) a debt; or (3) damages for the breach of a contract, express or implied. (b) In an action specified by subsection (a) of this section, the plaintiff, his agent, or attorney, may file an affidavit as provided by subsections (c) and (d) of this section either at the commencement of the action or pending the action. (c) The affidavit shall comply with the following requirements: (1) show the grounds of plaintiff's claim; (2) set forth that plaintiff has a just right to recover what is claimed in his complaint; (3) where the action is to recover specific personal property, state the nature and, according to affiant's belief, the value of the property and the probable amount of dainages to which plaintiff is entitled for the detention thereof; (4) where the action is to recover a debt, state the amount thereof; and (5) where the action is to recover damages for breach of a contract set out, specifically and in detail, the breach complained of and the actual damage resulting therefrom. (d) The affidavit shall also state one of the following facts with respect to defendant:

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(1) defendant is a foreign corporation or is not a resident of the District, or has been absent therefrom for at least six months; (2) he evades the service of ordinary process by concealing himself or temporarily withdrawing himself from the District; (3) he has removed or is about to remove some or all of his property from the District, so as to defeat just demands against him; (4) he has assigned, conveyed, disposed of, or secreted, or is about to assign, convey, dispose of, or secrete his property with intent to hinder, delay, or defraud his creditors; or (6) he fraudulently contracted the debt or incurred the obligation respecting which the action is brought. (e) Before a writ of attachment and garnishment is issued, the plaintiff shall first file in the clerk's office a bond, executed by himself or his agent, with security to be approved by the clerk, in twice the amount of his claim, conditioned to make good to the defendant all costs and damages which he may sustain by reason of the wrongful suing out of the attachment. (f) If the plaintiff files an affidavit and bond as provided by this -section, the cJerk shall issue a writ of attachment and garnishment, to be levied upon as much of the lands, tenements, goods, chattels, and credits of the defendant as may be necessary to satisfy the claim of the plaintiff. § 16-502. Service of notice; publication (a) A writ issued pursuant to section 16-501 shall require the marshal to serve a notice on the defendant, if he is found in the District, and on any person in whose possession any property or credits of the defendant may be attached, to appear in the court on or before the twentieth day, exclusive of Sundays and legal holidays, after service of the notice, and show cause, if any there be, why the property so attached should not be condemned and execution thereof had. The marshal's return shall show the fact of the service. (b) If the defendant is returned "Not to be found," the notice shall be given by publication to the following effect, namely: I n the United States District Court (District of Columbia Court of General Sessions) for the District of Columbia. A B, plaintiff, versus Civil Action No.. . C D, defendant. The object of this suit is to recover (here state it briefly) and to have judgment of condemnation of certain property of the defendant levied on under an attachment issued in this suit to satisfy the plaintiff^s claim. I t is, therefore, this — day of —, ordered that the defendant appear in this court on or before the fortieth day, exclusive of Sundays and legal holidays, after the day of the first publication of this order, to defend this suit and show cause why the condemnation should not be had; otherwise the suit will be proceeded with as in case of default. By the court: , Judge. (c) The order shall be published at least once a week for three successive weeks or oftener, or for such further time and in such manner as the court orders.

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§ 16-^03. Attachment for debts not due A creditor may maintain an action and have an attachment against his debtor's property and credits, where his debt is not yet due and payable, if the plaintiff, his agent, or attorney files in the clerk's office, at the commencement of the action, an affidavit, supported by testimony of one or more witnesses, showing the amount and justice of the claim and the time when it will be payable, and also setting forth that the defendant has removed or is removing or intends to remove a material part of his property from the District with the intent or to the effect of defeating just claims against him if only the ordinary process of law is used to obtain judgment against him, and if he also complies with the condition as to filing a bond prescribed by section 16-50L The plaintiff may not have judgment before his claim becomes due. If the attachment is quashed the action shall be dismissed, but without prejudice to a future action. § 16-504. Additional attachments Upon the application of the plaintiff, his agent, or attorney, other attachments founded on the original affidavits may be issued from time to time, to be directed, executed, and returned in the same manner as the original, and without further publication, against a nonresident or absent defendant, and without additional bond, unless required by the court. § 16-505. Sufficiency of plaintiff's bond The defendant or any other person interested in the proceedings who is not satisfied with the sufficiency of the surety or with the amount of the penalty named in the bond filed pursuant to section 16'501, may apply to the court for an order requiring the plaintiff to give an additional bond in such sum and with such security as may be approved by the court. If the plaintiff fails to comply with any such order the court may order the attachment to be quashed and any property attached or its proceeds to be returned to the defendant or otherwise disposed of, as to the court may seem proper. §16-506. Traversins: affidavits; quashing writ of attachment; trial of issues If the defendant files affidavits traversing the affidavits filed by the plaintiff the court shall determine whether the facts set forth in the plaintiff's affidavits as ground for issuing the attachment are true, and whether there was just ground for issuing the attachment. When, in the opinion of the court, the proofs do not sustain the affidavit of the plaintiff', his agent, or attorney, the court shall quash the writ of attacJiment. This issue may be tried by the court or a judge at chambers after three days' notice. The issue may be tried as well upon oral testimony as upon affidavits. If the court deems it expedient, a jury may be impaneled to try the issue. § 16-507. Property subject to attachment; liens; priorities (a) An attachment may be levied on the lands and tenements, and personal chattels of the defendant not exempt by law, whether in the defendant's or a third person's possession, and whether the defendant's title to the property is legal or equitable, and upon his credits in the hands of a third person, whether due and payable or not, and upon his undivided interest in a partnership business. (b) An attachment shall be a lien on the property attached from the date of its delivery to the marshal. When different persons obtain attachments against the same defendant the priorities of the liens of the attachments shall be according to the dates when they were so delivered to the marshal. 93-025 0-64-37

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§16-508. Attachment of real property An attachment is sufficiently levied on the lands and tenements of the defendant by: (1) mentioning and describing the property in an indorsement on the attachment, made by the officer to whom it is delivered for service, to the following effect: "Levied on the following estate of the defendant, A B, to wit: (Here describe) this day of . C D, Marshal."; and (2) serving a copy of the attachment, with the indorsement, and the notice required by section 16-602, on the person, if any, in possession of the property. §16-509. Attachment of personal property; undertaking by defendant or person in possession (a) An attachment shall be levied upon personal chattels by the officer taking them into his possession and custody, unless the defendant gives the officer his undertaking to be filed in the cause, with sufficient security, substantially in the form set forth in subsection (b) of this section, or unless the person in whose possession the property is attached gives the officer his undertaking to be filed in the cause substantially in the form set forth in subsection (c) of this section. In cases where such undertakings are given, the attachment is sufficiently levied by the taking of the undertaking. (b) An undertaking by the defendant shall contain the substance of the following form: A B, plaintiff, versus Civil Action No. —. C D, defendant. The defendant and , his surety, in consideration of the discharge from the custody of the marshal of the property seized by him, upon the attachment sued out against the defendant, on the day of , anno Domini nineteen hundred , in the above entitled cause, appear, and submitting to the jurisdiction of the court, hereby undertake, for themselves and each of them, their and each of their heirs, executors, and administrators, or successors or assigns, to abide by and perform the judgment of the court in the premises in relation to the property, which judgment may be rendered against any or all the parties whose names are hereto signed. (Signed) C D. EF. (c) An undertaking by the person in whose possession the property is attached shall contain the substance of the following form: A B, plaintiff versus Civil Action No.. C D, defendant Whereas by virtue of an attachment issued in the above-entitled suit, the United States marshal for the District of Columbia has attached certain property in the hands of the undersigned E F, as garnishee, namely, (here describe) of the value of —^ dollars; and now, therefore, E F and G H, as surety, appearing in the action, and submitting to the jurisdiction of the court, hereby undertake for themselves and each of them, their and each of their heirs, executors, and administrators to abide by the judgment of the court in relation to said property, and that if me same shall be condemned to satisfy the claim of the plaintiff, judgment may be rendered against all the undersigned for the value of the property and costs, to be

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executed against them, and each of them, unless the property shall be forthcoming to satisfy the judgment of condemnation. (Signed) EF. GH. The recital of the undertaking in this subsection shall contain a sufficient description of the property and its value ascertained by an appraisement to be made under direction of the officer and returned with the writ. §16-510. Release of property or credits from attachment; sufficiency of undertaking (a) Either the defendant or the person in whose possession the property is attached may obtain a release of the property from the attachment, after it has been taken into the custody of the marshal and the writ has been returned, by giving the undertaking required of him by section 16-509, with security to be approved by the court. (b) The plaintiff may except to the sufficiency of the undertaking accepted by the marshal and, if the exceptions are sustained, the court shall require a new undertaking, with sufficient surety, by a day to be named, in default of which the marshal shall be liable to the plaintiff on his official bond for any loss sustained by the plaintiff through the default. (c) Either the defendant or the person in whose possession credits are attached may obtain a release of the credits from the attachment by filing an unaertaking with security to be approved by the court. § 16-511. Attachment of credits or partnership interest; retention of property or credits by garnishee (a) An attachment shall be levied upon credits of the defendant, in the hands of a garnishee, by serving the garnishee with a copy of the writ of attachment and of the interrogatories accompanying the writ, and a notice that any property or credits of the defendant in his hands are seized by virtue of the attachment, besides the notice required by sertion 1H-.502. The imdivided interest of the defendant in a partnership business may be levied upon by a similar service on the defendant's partner or partners. (b) Where the property or credits attached or sought to be attached are held by the garnishee in the name of or for the account of a person other than the defendant, the garnishee shall retain the property or credits during the period pending determination by the court of the propriety of the attachment or the rightful owner of the property or credits. During that period, the garnishee shall incur no liability for the retention. § 16-512. Attachment and levy upon wages of nonresident An attachment issued under section 16-601 solely on the ground that the defendant is not a resident of the District of Columbia ftnd levied upon wages as defined in section 16-571 shall be subject to the provisions of subchapter III of this chapter; except that the employer-gamishee shall pay over the wages withheld pursuant to that subchapter only pursuant to the order of the court which has jurisdiction of the case. In applying the provisions of that subchapter to any such attachment, the term "judgment debtor", as used therein, means the defendant in the case in which the attachment is issued: and the term "judgment creditor", as used therein, means the plaintiff in such case.

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§16-513. Advance payment of wages to avoid attachment or garnishment It is unlawful for an employer to pay salary or earnings to an employee in advance of the time they are due and payable, for the purpose of avoiding or preventing an attachment or garnishment against the earnings or salary of the employee, and such an advance payment, as to the attaching creditor, is void. After the service of one writ of attachment or garnishment on a judgment against an employer, any payment of salary or earnings thereafter before the time when the salary or earnings are due and payable made within a period of six months after the date of service of the writ or before the earlier satisfaction of the judgment, whichever is the earlier, is as to such attaching creditor presumed to be in violation of this section and casts upon the employer the burden of proving that the advance payment or payments were not for the purpose of avoiding the attachment of the salary or earnings. § 16-514. Credits or property held for two or more persons or in representative capacity When a writ of attachment is served on a garnishee, and the garnishee holds a credit or property for two or more persons, including the person whose credit or property is sought to be attached, or holds a credit or property for a person as agent or trustee or in any other representative capacity without designation of the principal or beneficiary, the credit or property is not subject to withdrawal by any person, but shall be held by the garnishee until the attachment IS dismissed or otherwise disposed of by the court. If the credit or property is condemned, payment or delivery thereof as ordered by the court is a complete discharge of the garnishee from all liability to any person in respect of the credit or property. The provisions of this section do not apply to a credit or property of a partnership. §16-515. Attachment of judgments and money or property in hands of marshal (a) An attachment may be levied upon debts due to the defendant upon a judgment or decree by a service similar to that directed by section 16-511 upon the debtor owing the debts. Execution may issue for the enforcement of the judgment or decree, notwithstanding the attachment, but the money collected upon the execution shall be paid into court to abide the event of the proceedings in attachment and applied as the court directs. (b) An attachment may be levied upon money or property of the defendant in the hands of the marshal. I t binds the money or property from the time of service, and is a legal excuse to the officer for not paying or delivering the same as he would otherwise be bound to do. § 16-516. Attachment of money or property in hands of executor or administrator An attachment may be levied upon money or property of the defendant in the hands of an executor or administrator, and binds the same from the time of service. If the executor or administrator makes return to the writ that he can not certainly answer whether the defendant's share of the money or property in his hands will prove sufficient to pay the plaintiff's debt, a judgment of condemnation may not be rendered as against the executor or administrator until the passage by the Probate Court of his final or other account showing money or property in his hands to which the defendant is entitled.

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§ 16-517. Attachment of other property in replevin action Where the action is to replevy specific personal property and it has not been replevied, other property may be attached in the action to recover damages and costs, and if a judgment is rendered for damages and costs, it shall carry the same rights as other judgments. § 16--518. Preservation of property; sale; receiver The court may make all orders necessary for the preservation of the property attached during the pendency of the action. When the property is perishable, or for other reasons a sale of it appears expedient, the court may order that the property be sold and its proceeds paid into court and held subject to its order on the final decision of the case. When it seems expedient, the court may appoint a receiver to take possession of the property. The receiver shall ^ive bond for the due performance of his duties, and, under the direction of the court, shall have the same powers and perform the same duties as a receiver appointed according to the practice in civil actions. § 16-519. Defenses by garnishee A garnishee in an attachment proceeding may make any defense available to the defendant in the action in which the garnishment is issued. § 16--520. Defending against the attachment; trial of issues A defendant, any garnishee, party to a forthcoming undertaking, or an officer who migjlit be adjudged liable to the plaintiff by reason of the undertaking being adjudged insufficient, or a stranger to the action who may make claim to the property attached, may file an answer defending against the attachment. The answer may be considered as raising an issue without any reply, and any issue of fact made may be tried with a jury if any party so desires. § 16-521. Interrogatories to garnishee; oral examination (a) In any case in which a writ of attachment is issued, the plaintiff may submit interrogatories in writing, in such form as may be allowed by the rules or special order of the court, to be served on any garnishee, asking about any property of the defendant in his possession or charge, or indebtedness of his to the defendant at the time of the service of the attachment, or between the time of service and the filing of his answers to the interrogatories. The garnishee shall file his answers under oath to the interrogatories within ten days after service upon him. (b) In addition to the answers to written interrogatories required of him, the garnishee may, on motion, be required to appear in court and be examined orally, under oath, touching any property or credits of the defendant in his hands. § 16-522. Traverse of garnishee's answers; trial of issue; costs and attorney's fee If any garnishee answers to interrogatories that he does not have property or credits of the defendant, or has less than the amount of the plaintiff's claim, the plaintiff may traverse the answer as to the existence or amount of the property or credits, and the issue thereby made may be tried as provided by section 16-520. In such a case, where judgment is rendered for the garnishee, the plaintiff shall be adjudged to pay to the garnishee, in addition to the taxed costs, a reasonable attorney's fee. If the issue is found for the plaintiff, judgment shall be rendered for him in accordance with the finding.

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§ 16-^23. Claims to attached property Any person may file his motion and affidavit in the cause, at any time before the final disposition of the property attached or its proceeds, except where it is real property, setting forth a claim thereto or an interest in or lien upon the same, acquired before the levy of the attachment. The court, without other pleading, shall try the issues raised by the claim, with a jury if either party so requests, and make all orders necessary to protect any rights of the claimant. § 16-524. Judgment generally; condemnation of attached property (a) If the defendant in the action has been served with process, final judgment may not be rendered against the garnishee until the action against the defendant is determined. (b) If in such an action judgment is rendered for the defendant, the garnishee shall be discharged and shall recover his costs, and the property attached or its proceeds shall be restored to the garnishee or to the defendant, as the case may require. (c) If in such an action judgment is rendered in favor of the plaintiff against the defendant, and it appears that the plaintiff is entitled to a judgment of condemnation of the property attached, the court shall proceed to enter such judgment in the attachment as is directed by sections 16-525 to 16-527. §16-525. Condemnation and sale of property; proceeds of sale under interlocutory order In any form of action, where specific property has been attached and remains under the control of the court, judgment of condemnation of the property shall be entered, and as much thereof as may be necessary to satisfy the demand of the plaintiff' shall be sold under fierifacias. If the property was sold under interlocutory order of the court, the proceeds, or as much thereof as may be necessary, shall be applied to the plaintiff's claim by order of the court. § 16-526. Judgment against garnishee (a) When a garnishee has admitted credits in his hands, in answer to interrogatories served upon him, or the credits have been found upon an issue made as provided by this chapter, judgment shall be entered against him for the amount of credits admitted or found, not exceeding the plaintiff's claim, less a reasonable attorney's fee to be fixed by the court, and costs, and execution may be had thereon. When the credits are not immediately due and payable, execution shall be stayed until they become due. (b) When the garnishee has failed to answer the interrogatories served on him, or to appear and show cause why a judgment of condemnation should not be entered, j u d ^ e n t shall be entered against him for the whole amount of the plaintiff's claim, and costs, and execution may be had thereon. § 16-527. Judgment in case of undertaking for retention of property or credits (a) When property or credits attached are released upon an undertaking given as provided by sections 16-509 and 16-510, and judgment in the action is rendered in favor of the plaintiff, it is a joint judgment against both the defendant and all persons in the undertaking for the appraised value of the property or the amount of the credits. (b) When the property attached has been delivered to or retained by a garnishee, upon his executing an undertaking as provided by section 1^509, judgment of condemnation of the property shall be rendered as provided by section 16-525, and judgment shall also be entered that

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