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16

SEC. 145. (a) Chapter 3 of title 16, District of Columbia Code, is D^c.^cod""' amended as follows: 16-30i. (1) Section 16-301 is amended— (A) by striking out "Domestic Relations Branch of the District of Columbia Court of General Sessions" in subsection (a) and inserting in lieu thereof "Superior Court of the District of Columbia"; and (B) by striking out "Commissioners" in subsection (b)(3) and inserting in lieu thereof "Commissioner". (2) Sections 16-304, 16-305, 16-307, and 16-314 are each amended by striking out "Board of Commissioners'" and "Board" each place they appear and inserting in lieu thereof "Commissioner". D.C. (b) Chapter 5 of title 16, District of Columbia Code, is amended as 16-501. c o d e follows: (1) Sections 16-501 and 16-502 are each amended by striking out ^9 Stat. 447. "District of Columbia Court of General Sessions" and inserting in lieu thereof "Superior Court of the District of Columbia". (2) Sections 16-516 and 16-549 are each amended by striking out ^J^ ^*^*' ^^s, "Probate Court" and inserting in lieu thereof "Superior Court". (3)(A) Sections 16-533 and 16-578 are each amended (i) by striking out "District of Columbia Court of General Sessions" and inserting in lieu thereof "Superior Court of the District of Columbia", and (ii) by striking out "Court of General Sessions" in the section heading and inserting in lieu thereof "Superior Court". (B) The items relating to such sections in the analysis of chapter 5 are each amended by striking out "Court of General Sessions" and inserting in lieu thereof "Superior Court". (4) Section 16-578 is amended (A) by striking out "docketed in the Ignited States District Court for the District of Columbia" and inserting in lieu thereof "filed and recorded", (B) by striking out "six years" and inserting in lieu thereof "twelve years", and (C) by striking out "section 15-132(a)" and inserting in lieu thereof "section 15101". (5) Section 16-581 is amended by striking out "District of Columbia Court of General Sessions" and inserting in lieu thereof "Superior Court of the District of Columbia". (c) Section 16-601 of the District of Columbia Code is amended— 78 Stat. 6 7 8. (1) by striking out ", or a judge thereof," in the first sentence of the first paragraph and inserting in lieu thereof "or the Superior Court of the District of Columbia,", and (2) by striking out "has" in the first sentence of the second paragraph and inserting in lieu thereof the following: " ( a s specified in section 11-501) and the Superior Court of the District Ante. p. 476. of Columbia (as specified in section 11-921) have". "*"'*» P* ^^'*' (d) Chapter 7 of title 16, District of Columbia Code, is amended 7? Stat. 557. as follows: (1) Section 16-701 is amended to read as follows: "§ 16-701. Rules and regulations "The Superior Court may make such rules and regulations for conducting business in the Criminal Division of the court, consistent with statutes applicable to such business and in the manner provided in section 11-946, as it may deem necessary and proper." •*"**' P* '*8'* (2)(A) Section 16-702 is amended to read as follows: "§ 16-702. Prosecution by indictment or information "An offense prosecuted in the Superior Court which may be punished by death shall be prosecuted by indictment returned by a grand jury. An offense which may be punished by imprisonment for a term

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[84 STAT.

exceeding one year shall be prosecuted by indictment, but it may be prosecuted by information if the defendant, after he has been advised of the nature of the charge and of his rights, waives in open court prosecution by indictment. Any other offense may be prosecuted by indictment or by information. An information subscribed by the proper prosecuting officer may be filed without leave of court." (B) The item relating to section 16-702 in the analysis of chapter 7 is amended to read as follows: "16-702. Prosecution by indictment or information."

77 Stat. 558.

Ante, p, 554.

77 Stat. 559.

62 Stat. 838.

(3) Section 16-703 is amended to read as follows: "§ 16-703. Process of Criminal Division; fees " (a) The Criminal Division of the Superior Court may issue process for the arrest of a person against whom an indictment is returned, an information is filed, or a complaint under oath is made. "(b) Process shall— " (l) be under the seal of the court; "(2) bear teste in the name of a judge of the court, and "(3) be signed by a clerk or employee of the court authorized to administer oaths. "(c) In cases arising out of violations of any of the ordinances of the District of Columbia, process shall be directed to the Chief of Police, who shall execute the process and make return thereof in like manner as in other cases. " (d) I n all other criminal cases, the process issued by the Superior Court may be directed to the United States marshal or to the Chief of Police. "(e) For services pursuant to subsection (d) of this section the marshal shall receive the fees prescribed by section 15-709(b)(2)." (4) Section 16-705 is amended to read as follows: "§ 16-705. Jury trial; trial by court " (a) I n a criminal case tried in the Superior Court in which, according to the Constitution of the United States, the defendant is entitled to a jury trial, the trial shall be by jury, unless the defendant in open court expressly waives trial by jury and requests trial by the court, and the court and the prosecuting officer consent thereto. In the case of a trial without a jury, the trial shall be by a single judge, whose verdict shall have the same force and effect as that of a jury. "(b) I n any case where the defendant is not under the Constitution of the United States entitled to a trial by jury, the trial shall be by a single judge without a jury, except that if— "(1) the case involves an offense which is punishable by a fine or penalty of more than $300 or by imprisonment for more than ninety days (or for more than six months in the case of the offense of contempt of court), and " (2) the defendant demands a trial by jury and does not subsequently waive a trial by jury in accordance with subsection (a), the trial shall be by jury. "(c) The jury shall consist of twelve persons, unless the parties, with the approval of the court and in the manner provided by rules of the court, agree to a number less than twelve." (5) Section 16-706 is amended to read as follows: "The Superior Court may enforce any of its judgments rendered in criminal cases by fine or imprisonment, or both. Except as otherwise provided by law, and subject to the relief provided in section 3569 of title 18, United States Code, in any case where the court imposes a
 * '§ 16-706. Enforcement of judgments; commitment upon nonpayment of fine

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fine, the court may, in the event of default in the payment of the fine imposed, commit the defendant for a term not to exceed one year." (6) Sections 16-704, 16-707, 16-709, and 16-710 are each amended by striking out "Court of General Sessions" and "District of Columbia Court of General Sessions" wherever they appear and inserting in lieu thereof "Superior Court of the District of Columbia". (7) The heading of chapter 7 is amended by striking out "COURT OF GENERAL SESSIONS" and inserting in lieu thereof "SUPERIOR COURT". (e) Chapter 9 of title 16, District of Columbia Code, is amended as follows: (1) Section 16-901 is amended by striking out "Domestic Relations Branch of the District of Columbia Court of General Sessions" and inserting in lieu thereof "Superior Court of the District of Columbia". (2)(A) Section 16-916 is amended— (i) by redesignating subsection (c) as subsection (d) and by adding after subsection (b) the following new subsection: "(c) Whenever any father or mother shall fail to maintain his or her minor child or children, the court may decree that he or she shall pay reasonable sums periodically for the support and maintenance of his or her child or children, and the court may decree that the father or mother pay court costs, including counsel fees, to enable plaintiff to conduct the cases.", and (ii) by amending the section heading to read as follows: "§ 16-916. Maintenance of wife and minor children; maintenance of former wife; maintenance of minor children; enforcement". (B) The item relating to section 16-916 in the analysis of chapter 9 is amended to read as follows: "16-916. Maintenance of wife and minor children; maintenance of former wife; maintenance of minor children; enforcement." (3)(A) Section 16-918 is amended to read as follows: " (a) I n all uncontested divorce cases, and in any other divorce or annulment case where the court deems it necessary or proper, a disinterested attorney shall be appointed by the court to enter his appearance for the defendant and actively defend the cause. " (b) In any proceeding wherein the custody of a child is in question, the court may appoint a disinterested attorney to appear on behalf of the child and represent his best interests. "(c) An attorney appointed under this section may receive such compensation for his services as the court determines to be proper, which the court may direct to be paid by the parties." (B) The item relating to section 16-918 in the analysis of chapter 9 is amended to read as follows: "16-918. Appointment of counsel; compensation." (f) Chapter 13 of title 16, District of Columbia Code, is amended as follows: (1) Section 16-1301 is amended to read as follows: "§ 16-1301. Jurisdiction of District Court "The United States District Court for the District of Columbia has exclusive jurisdiction of all proceedings for the condemnation of real property authorized by subchapters IV and V of this chapter, with full power to hear and determine all issues of law and fact that may arise in the proceedings." (2) Subchapter I is amended by adding at the end thereof the following new section:
 * '§ 16-918. Appointment of counsel; compensation

77 Stat. 558.

77 Stat. 560. D.C. Code 16-901.

79 Stat. 8 8 9.

D.C. Code 16-1301.

77 Stat. 577; Post, p. 559, D.C. c o d e 161351, 16-1381.

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"§ 16-1303. Jurisdiction of Superior Court "The Superior Court of the District of Columbia has jurisdiction of all proceedings for the condemnation of real property authorized D!C? codJ^i*6- ^y subchapters II and III of this chapter with full power to hear and 1311 and 16-1331. determine all issues of law and fact that may arise in the proceedings." (3) Section 16-1311 is amended— (A) by striking out "Board of Commissioners" and inserting in lieu thereof "Commissioner", (B) by striking out "United States District Court for the District of Columbia" and inserting in lieu thereof "Superior Court", (C) by striking out "name of the Board" and inserting in lieu thereof "name of the District of Columbia", and (D) by striking out "Board of Commissioners** in the heading and inserting in lieu thereof "District of Columbia'*. 82 Stat. 63. ^4.^ Section 16-1312 is amended to read as follows: "§ 16-1312. Juries for condemnation proceedings "For purposes of this subchapter, a special jury list shall be prepared of not less than one hundred persons who are qualified jurors in the District of Columbia. When a jury is required for a condemnation proceeding under this subchapter, the names of such number of persons as may be necessary shall be selected from this list by lot and furnished to the Superior Court." 77 Stat. 573. (5\ Section 16-1314(a) is amended by striking out "members of the Board of Commissioners" in the first sentence and inserting in lieu thereof "Commissioner", and by striking out "Commissioners" in paragraph (,5) of the second sentence and inserting in lieu thereof "Commissioner". (6) The third sentence of section 16-1318 is amended to read as follows; "If the appraisement is vacated and set aside, the court shall order the necessary number of new persons selected from the special jury list and, from among the persons so selected, shall appoint a new jury of five capable and disinterested persons who shall proceed as in the case of the first jury." (7) Sections 16-1319, 16-1321 j and 16-1336 are each amended by striking out "Board of Commissioners" and inserting in lieu thereof " Commissioner". (8) Section 16-1331 is amended by striking out "Board of Commissioners of the District of Columbia, and agencies of the United States authorized by law to acquire real property," and inserting in lieu thereof "Commissioner of the District of Columbia". (9) Section 16-1332 is amended by striking out "Board of Commissioners of the District of Columbia and agencies of the United States authorized by law to acquire real property" in subsection (a) and inserting in lieu thereof "Commissioner of the District of Columbia", and by striking o u t ", and where the property sold was acquired under an appropriation authorized for the use of the District of Columbia, moneys received from the sale shall be deposited in the Treasury" in subsection (c). (10) Section 16-1334 is amended by striking out "or the United States" wherever it appears. '^''P*^^' (11) Section 16-1337 is repealed and section 16-1338 is redesignated as 16-1337. 77 Stat. 578. ^-^2) The first sentence of section 16-1357 is amended to read as follows: "When the date for trial has been set, as provided by section 16-1356, the court shall order the names of a number of persons, not

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less than twenty, selected from the special jury list provided by section 16-1312, and the names of the persons selected shall be certified Ante, p.;;58. to the clerk of the United States District Court for the District of Columbia as a panel of prospective jurors." (13) Chapter 13 is amended by adding at the end thereof the fol- J^cf'^*;^"^" lowing new subchapter: laol to le-ues". " SUBCHAPTER V.—EXCESS PROPERTY FOR THE UNITED STATES "§ 16-1381. Acquisition of property in excess of needs " I n order to promote the orderly and proper development of the seat of government of the United States, agencies of the United States authorized by law to acquire real property, may acquire, in the public interest, by gift, dedication, exchange, purchase, or condemnation fee simple title to land (or rights in or on land or easements or restrictions therein) within the District of Columbia for public uses, works, and improvements authorized by Congress, in excess of that actually needed for and essential to their usefulness, in order to preserve the view, appearance, light, and air and to enhance their usefulness, to prevent the use of private property adjacent to them in such a manner as to impair the public benefit derived from the construction thereof, or to prevent inequities or hardships to the owners of adjacent private property by depriving them of the beneficial use of their property. "§ 16-1382. Retention, for public use, of excess property "When the authorities of the United States having jurisdiction of real property (or rights or easements) acquired pursuant to this subchapter, elect to retain any of them for the use of the United States, they may use the property (or rights or easements) for park, playground, highw^ay, or alley purposes, or for any other lawful purposes that they deem advantageous or in the public interest. "§ 16-1383. Availability of appropriations for purchases of excess property "When real property is purchased pursuant to this subchapter in excess of that needed for a particular project or improvement, appropriations available for the payment of the purchase price, costs, and expenses incident to the project or improvement may be used in the payment of the purchase price, costs, ^nd expenses of excess real property purchased in connection with the project or improvement, as provided by this subchapter. "§ 16-1384. Condemnation of excess real property by United States agencies; payment of awards, damages and costs " (a) When excess real property is condemned by agencies of the United States as provided by this subchapter, the condemnation proceedings for the acquisition of the property shall be in accordance with subchapter IV of this chapter, or any laws in effect at the time of the commencement of condemnation proceedings for the acquisition of real property in the District of Columbia for the use of the United States. "(b) Appropriations available for the condemna;tion of property pursuant to subchapter IV of this chapter may be used in the payment of awards, damages, and costs in condemnation proceedings pursuant to that subchapter for the acquisition of excess real property as provided in this subchapter.

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77 Stat. 571.

PUBLIC LAW 91-358-JULY 29, 1970

[84 STAT.

"This subchapter does not repeal any provisions of existing law pertaining to the condemnation or acquisition of streets, alleys, or land, or the laws relating to the subdividing of lands in the District of Columbia." (^i^-j ^\^Q analjsis of chapter 13 is amended— (A) by adding after the item relating to section 16-1302 the following: •'1&-1303. Jurisdiction of Superior Court.";
 * § 16-1385. Construction of subchapter

(B) by amending the item relating to section 16-1311 to read as follows: "16-1311. Condemnation proceedings by District of Columbia.";

(C) by amending the item relating to section 16-1312 to read as follows: "16-1312. Juries for condemnation proceedings.";

(D) by striking out the item relating to section 16-1337 and by striking out "16-1338" and inserting m lieu thereof "16-1337"; and (E) by adding at the end thereof: "SUBCHAPTER V—EXCESS PROPERTY FOR THE UNITED STATES "Sec. "16-1381. "16-1382. "16-1383. "16-1384.

Acquisition of property in excess of needs. Retention, for public use, of excess property. Availability of appropriations for purchases of excess property. Condemnation of excess real property by United States agencies; payment of awards, damages and costs. "16-1385. Construction of subchapter."

77 Stat. 581. 1501.

D.C. Code 16-

^^p^^i-

(g) Chapter 15 of title 16, District of Columbia Code, is amended jPii ^ ' ' as follows: (1) Sections 16-1501 and 16-1505 are each amended by striking out "District of Columbia Court of General Sessions" and inserting in lieu thereof "Superior Court of the District of Columbia." (2) Section 16-1504 and the item relating to that section in the analysis of chapter 15 are repealed. (h)(1) Section 16-1901 of title 16, District of Columbia Code, is amended— (A) by striking out "the United States District Court for the District of Columbia" in the first sentence and inserting in lieu thereof "the appropriate court"; (B) by inserting " (a) " immediately before "A person" and by adding after and below the last sentence the following new subsections: " (b) Petitions for writs directed to Federal officers and employees shall be filed in the United States District Court for the District of Columbia. "(c) Petitions for writs directed to any other person shall be filed in the Superior Court of the District of Columbia."; and (C) by striking out "to District Court" in the section heading. (2) The item relating to section 16-1901 in the analysis of chapter 19 of title 16 is amended by striking out "to District Court". (i) Section 16-2501 of title 16, District of Columbia Code, is amended by striking out, "United States District Court for the District of Columbia" and inserting in lieu thereof "Superior Court". (i) The second paragraph of section 16-2701 of title 16, District of Columbia Code, is amended by striking out "United States Court of Appeals for the District of Columbia Circuit" and inserting in lieu thereof "appellate court".

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(k) Chapter 29 of title 16 of the District of Columbia Code is IJ^'^'-^'^^V / ^ /. n D.C. Code 16amended as l o l l o w s: 2901.

(1) Sections 16-2901 and 16-2921 are each amended by striking out "United States District Court for the District of Columbia" and inserting in lieu thereof "Superior Court of the District of Columbia". (2) Section 16-2901 (d) is amended by striking out "section 21-213" and inserting in lieu thereof "sections 21-146 and 21-704". (3) Sections 16-2923, 16-2924, and 16-2925 are each amended by striking out "District Court" and inserting in lieu thereof "court". (1) Chapter 31 of title 16, District of Columbia Code, is amended as follows: (1) Section 16-3101 is amended to read as follows: "§ 16-3101. Definition "As used in this chapter, the term 'Probate Court' means the Superior Court of the District of Columbia." (2) Sections 16-3103, 16-3105, and 16-3106 are each amended by striking out "powers of enforcement and punishment as provided by section 401 of title 18, United States Code" and inserting in lieu 62 Stat. 701. thereof "contempt power". (3) Section 16-3104(b) is amended by striking out "to the United States". (m) Section 16-3301 of title 16 of the District of Columbia Code is amended by striking out "United States District Court for the District of Columbia" and inserting in lieu thereof "Superior Court of the District of Columbia". (n) Chapter 35 of title 16, District of Columbia Code, is amended JJ^^^^' '?°^,' ^ ', „i-, ' ' D.C. Code 16to read as lollows: 3501. "Chapter 35.—QUO WARRANTO "SUBCHAPTER

I.—ACTIONS

AGAINST STATES

OP^FICERS O F THE

"Sec. "16-3501. Persons against whom issued; civil action. "16-8502. Part i e s who may institute; ex rel. proceedings. "16-3503. Refusal of Attorney General or United States procedure. "SUBCHAPTER

II.—ACTIONS AGAINST OFFICERS OR OP THE DISTRICT OF COLUMBIA

"16-3521. Persons against whom issued; civil action. "16-3522. Part i e s who may institute; ex rel. proceedings. "16-3523. Refusal of United States attorney or Corporation procedures.

attorney

UNITED

to a c t;

CORPORATIONS

Counsel to a c t;

"SUBCHAPTER III.—PROCEDURES AND JUDGMENTS "16-3541. "16-3542. "16-3543. "16-3544. "16-3.545. "16-3546. "16-3547.

Allegations in petition of relator claiming office. Notice to defendant. Proceedings on default. P l e a d i n g; j u r y trial. Verdict and judgment. Usurping corporate franchise; judgment. Proceedings against corporate directors and t r u s t e e s; judgment and o r d e r; enforcement. "16-3548. Recovery of damages from u s u r p e r; limitation.

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" SUBCHAPTER I.—ACTIONS A G A I N S T OFFICERS O F THE UNITED STATES "§ 16-3501. Persons against whom issued; civil action "A quo warranto may be issued from the United States District Court for the District of Columbia in the name of the United States against a person who within the District of Columbia usurps, intrudes into, or unlawfully holds or exercises, a franchise conferred by the United States or a public office of the United States, civil or military. The proceedings shall be deemed a civil action. "§ 16-3502. Parties who may institute; ex rel. proceedings "The Attorney General of the United States or the United States attorney may institute a proceeding pursuant to this subchapter on his own motion or on the relation of a third person. The writ may not be issued on the relation of a third person excep; by leave of the court, to be applied for by the relator, by a petition duly verified setting forth the grounds of the application, or until the relator files a bond with sufficient surety, to be approved by the clerk of the court, in such penalty as the court prescrilbes, conditioned on the payment by him of all costs incurred in the prosecution of the writ if costs are not recovered from and paid by the defendant. "§ 16-3503. Refusal of Attorney General or United States attorney to act; procedure "If the Attorney General or United States attorney refuses to institute a quo warranto proceeding on the request of a person interested, the interested person may apply to the court by certified petition for leave to have the writ issued. When, in the opinion of the court, the reasons set forth in the petition are sufficient in law, the writ shall be allowed to be issued by any attorney, in the name of the United States, on the relation of the interested person on his compliance with the condition prescribed by section 16-3502 as to security for costs. " SUBCHAPTER II.—ACTIONS A G A I N S T OFFICERS OR CORPORATIONS OF THE DISTRICT OF COLUMBIA "§ 16-3521. Persons against whom issued; civil action "A quo warranto may be issued from the Superior Court of the District of Columbia in the name of the District of Columbia against— "(1) a person who within the District of Columbia usurps, intrudes into, or unlawfully holds or exercises, a franchise conferred by the District of Columbia, a public office of the District of Columbia, civil or military, or an office in a domestic corporation; or "(2) one or more persons who act as a corporation within the District of Columbia without being duly authorized, or exercise within the District of Columbia corporate rights, privileges, or franchises not granted them by law in force in the District of Columbia. The proceedings shall be deemed a civil action. "§ 16-3522. Parties who may institute; ex rel. proceedings "The United States attorney or the Corporation Counsel may institute a proceeding pursuant to this subchapter on his own motion, or on the relation of a third person. The writ may not be issued on the relation of a third person except by leave of the court, to be applied for by the relator, by a petition duly verified, setting forth the grounds of the application, or until the relator files a bond with sufficient surety, to

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be approved by the clerk of the court, in such penalty as the court prescribes, conditioned on the payment by him of all costs incurred in the prosecution of the writ if costs are not recovered from and paid by the defendant. "§ 16-3523. Refusal of United States attorney or Corporation Counsel to act; procedures "If the United States attorney or Corporation Counsel refuses to institute a quo warranto proceeding on the request of a person interested, the interested person may apply to the court by certified petition for leave to have the writ issued. When, in the opinion of the court, the reasons set forth in the petition are sufficient in law, the writ shall be allowed to be issued by any attorney, in the name of the District of Columbia, on the relation of the interested person, on his compliance with the conditions prescribed by section 16-3522 as to security for costs.

"SUBCHAPTER III.—PROCEDURES AND JUDGMENTS ^*§ 16-3541. Allegations in petition of relator claiming office "When a quo warranto proceeding is against a person for usurping an office, on the relation of a person claiming the same office, the relator shall set forth in his petition the facts upon which he claims to be entitled to the office. "§ 16-3542. Notice to defendant "On the issuing of a writ of quo warranto the court may fix a time within which the defendant may appear and answer the writ. When the defendant cannot be found in the District of Columbia, the court may direct notice to be given to him by publication as in other cases of proceedings against nonresident defendants, and upon proof of publication, if the defendant does not appear, judgment may be rendered as if he had been personally served. "§ 16-3543. Proceedings on default "If the defendant does not appear as required by a writ of quo warranto, after being served, the court may proceed to hear proof in support of the writ and render judgment accordingly. "§ 16-3544. Pleading; jury trial "In a quo warranto proceeding, the defendant may demur, plead specially, or plead "not guilty" as the general issue, and the United States or the District of Columbia, as the case may be, may reply as in other actions of a civil character. Issues of fact shall be tried by a jury if either party requests it. Otherwise they shall be determined by the court. "§ 16-3545. Verdict and judgment "Where a defendent in a quo warranto proceeding is found by the jury to have usurped, intruded into, or unlawfully held or exercised an office or franchise, the verdict shall be that he is guilty of the act or acts in question, and judgment shall be rendered that he be ousted and excluded therefrom and that the relator recover his costs. "§ 16-3546. Usurping corporate franchise; judgment "Where a quo warranto proceeding is against persons acting as a corporation without being legally incorporated, the judgment against the defendants shall be that they be perpetually restrained and enjoined from the commission or continuance of the acts complained of.

563

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[84 STAT.

"§ 16-3547. Proceedings against corporate directors and trustees; judgment and order; enforcement "Where a quo warranto proceeding is against a director or trustee of a corporation and the court finds that at his election either illegal votes were received or legal votes rejected, or both, sufficient to change the result if the error is corrected, the court may render judgment that the defendant be ousted, and that the relator, if entitled to be declared elected, be admitted to the office, and the court may issue an order to the proper parties, being officers or members of the corporation, to admit him to the office. The judgment may require the defendant to deliver to the relator all books, papers, and other things in his custody or control pertaining to the office, and obedience to judgment may be enforced by attachment. "§ 16-3548. Recovery of damages from usurper; limitation "At any time within a year from a judgment in a quo warranto proceeding, the relator may bring an action against the party ousted and recover the damages sustained by the relator by reason of the ousted party's usurpation of the office to which the relator was entitled." (Q) Chapter 37 of title 16 of the District of Columbia Code is amended— (1) by repealing subchapter II; (2) by Striking out the heading " SUBCHAPTER I.—GENERAL PROVISIONS "; and (3) by striking out the items relating to subchapter II in the chapter analysis and by striking out "SUBCHAPTER I.—GENERAL

in that analysis. D.c. Code 16(p) Chapter 39 of title 16 of the District of Columbia Code is 3901 amended as follows: (1) The chapter heading is amended by striking out "COURT OF GENERAL SESSIONS'* and inserting in lieu thereof "SUPERIOR COURT". (2) Section 16-3901 is amended to read as follows: "§ 16-3901. Practice; applicability of other laws and rules of court "All provisions of law relating to the Superior Court of the District of Columbia and the rules of the court apply to the Small Claims and Conciliation Branch of the court as far as they may be applicable Ante, p. 489..^j^^ ^re uot iu couflict with this chapter or chapter 18 of title 11. In case of conflict, this chapter and chapter 13 of title 11 control." (3) Section 16-3902 is amended— (A) by striking out "of the District of Columbia Court of General Sessions" in subsection (a); and (B) by striking out "District of Columbia Court of General Sessions" and "Court of General Sessions" in the form prescribed by subsection (e) and inserting in lieu thereof "Superior Court of the District of Columbia". (4) Sections 16-3903 and 16-3905 are each amended by striking out "of the District of Columbia Court of General Sessions". (5) The third sentence of section 16-3904 is amended to read as follows: "When the set-off or counterclaim is for more than the jurisdictional limit of the Small Claims and Conciliation Branch, as provided by section 11-1321, but within the jurisdiction of the Superior Court, the action shall nevertheless remain in the Branch and be tried therein in its entirety." (6) Section 16-3907 is amended by striking out "District of Columbia Court of General Sessions" and inserting in lieu thereof "Superior Court of the District of Columbia". PROVISIONS"

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(7) Section 16-8910 is amended by striking out ", or the rules prescribed pursuant to section 13-101 (c) " and inserting in lieu thereof ''or the rules of the court'- and by striking out "of the District of Columbia Court of General Sessions". AMENDMENTS TO TITLE

17

SEC. 146. (a) Title 17 of the District of Columbia Code is amended 77 Stat. 612. as follows: (1) Chapter 1 and the item relating to such chapter in the chapter ^^c^^ode n analysis are repealed. loi! (2)(A) Section 17-301 is amended— (i) by striking out "Court of General Sessions" in the section heading and inserting in lieu thereof "Superior Court", (ii) by striking out "District of Columbia Court of General Sessions" and inserting in lieu thereof "Superior Court of the District of Columbia", and (iii) by striking out "section 11-741 (c) " and inserting in lieu thereof "section 11-721 (c)". (B) The item relating to section 17-301 in the analysis of chapter 3 is amended by striking out "Court of General Sessions" and inserting in lieu thereof "Superior Court". (3)(A) Section 17-303 is amended to read as follows: "§ 17-303. Appeals from administrative orders and decisions "An appeal from an order or decision as provided for in section 1 1 722, is commenced by filing, within the time prescribed pursuant to ^"'^' P* '^^^• section 17-307(a), the written petition for review provided by section ^"''•^• 11 of the District of Columbia Administrative Procedure Act (D.C. Code, sec. 1-1510). The District of Columbia Court of Appeals may Post, p.;i82. prescribe the necessary rules and procedures for review of administrative orders and decisions, consistent with such section 11." (B) The item relating to section 17-303 in the analysis of chapter 3 is amended by striking out "; petition; records, procedure". (4) Section 17-304 is amended by striking out "Board of Commissioners" and inserting in lieu thereof "Commissioner or Council" and by inserting after "District of Columbia," the first time it appears the following: "by the independent agency,". (5) Section 17-305 is amended to read as follows: "§ 17-305. Scope of review " (a) In considering an order or judgment of a lower court (or any of its divisions or branches) brought before it for review, the District of Columbia Court of Appeals shall review the record on appeal. When the issues of fact were tried by jury, the court shall review the case only as to matters of law. When the case was tried without a jury, the court may review both as to the facts and the law, but the judgment may not be set aside except for errors of law unless it appears that the judgment is plainly wrong or without evidence to support it. " (b) The provisions of section 11 of the District of Columbia Administrative Procedure Act (D.C. Code, sec. 1-1510) shall apply with respect to review by the District of Columbia Court of Appeals of an order or decision under that Act." (6) Section 17-306 is amended by striking out "branch" and inserting in lieu thereof "division or branch" and by striking out "order or decision of an administration agency" and inserting in lieu thereof "administrative order or decision". (7) Section 17-^307 is amended b j striking out "section 11-741 or 11-742" in subsection (a) and inserting in lieu thereof "section 11-721

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PUBLIC LAW 91-358-JULY 29, 1970

[84 STAT.

or 11-722", by striking out "District of Columbia Court of General Sessions" in subsection (b) and inserting in lieu thereof "Superior Court of the District of Columbia", and by striking out "section 1 1 741(c)" in subsection (b) and inserting in lieu thereof "section 11-721 (c)". AMENDMENTS TO TITLE 18

D^c^c^de^18101! '

SEC. 147. Title 18 of the District of Columbia Code is amended as follows: (1) The last paragraph of section 18-101 is amended to read as follows: " 'Probate Court' and 'court', respectively, mean the Superior Court of the District of Columbia." (2) Subsection (d) of section 18-505 is amended to read as follows: " (d) The rules of the court with respect to the taking and use of testimony of out-of-District witnesses apply to testimony taken pursuant to this section. The original will or codicil shall be sent with the notice or order of appointment or commission or letters rogatory, and exhibited to the witnesses." (3)(A) Section 18-513 is amended to read as follows: "§ 18-513. Rules of procedure "The court shall prescribe rules of procedure governing the trial of issues when a caveat is filed, including provisions for notice, appointment of guardians ad litem, trial by jury, and effect of judgments," (B) The item relating to section 18-513 in the analysis of chapter 5 is amended to read as follows: "18-513. Rules of procedure." AMENDMENTS TO TITLE 19

79 Stat. 693 D.C. Code 19-

101.

gj,(,. 148. Title 19 of the District of Columbia Code is amended as.

,,

lollows: (1) Section 19-701 is amended by striking out "Commissioners" and inserting in lieu thereof "Commissioner". (2)(A) The following new section is added after section 19-114: "§ 19-115. Definition "For purposes of this chapter, the term 'Probate Court' means the Superior Court of the District of Columbia." (B) The analysis of chapter 1 is amended by adding at the end thereof the following new item: "19-115. Definition." AMENDMENTS TO TITLE 20

79 Stat. 702. D.C. Code 20101

§£0. 149. Title 20 of the District of Columbia Code is amended as «,, follows: (1) Sections 20-302,20-332(a)(2), 20-502(b), and 20-1107 are each amended by striking out "to the United States". (2) Sections 20-312, 20-337, and 20-501 are each amended by striking out in the forms referred to therein "the Chief Judge of the United States District Court for the District of Columbia" and inserting in lieu thereof "the Chief Judge of the Superior Court of the District of Columbia". (3) Section 20-351 (a)(2) is amended by striking out "an insane person" and inserting in lieu thereof "a mentally-ill person". (4) Section 20-364(a) is amended by striking out "in the name of the United States" and inserting in lieu thereof "in the name of the District of Columbia".

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(5) Section 20-502 is further amended by striking out in the form referred to therein "Probate Court of the District of Columbia'' and "Probate Court of the District" and inserting in lieu thereof "Probate Court". (6) Section 20-1110 is amended by striking out "United States District Court for the District of Columbia" and inserting in lieu thereof "Probate Court", and by striking out "shall be given to the United States and", (7) Sections 20-1320 and 20-1505 are each amended by striking out "Probate Court of the District of Columbia" and inserting in lieu thereof "Probate Court", (8)(A) Section 20-2301 is amended by striking out "United States District Court for the District of Columbia" and inserting in lieu thereof "Probate Court" and by striking out "United States attorney" in the section heading and inserting in lieu thereof "Corporation Counsel". (B) The item relating to section 20-2301 in the analysis of chapter 23 is amended by striking out "Ignited States attorney" and inserting in

^^ Stat. 713.

^o Stat. 738,

lieu thereof "Corporation Counsel". AMENDMENTS TO TITLE

21

SEC. 150. (a) Chapter 1 of title 21, District of Columbia Code, is -,

1

^ •,-,

^

'

I^ f^'- ^f', D. C. Code 2 1 -

amended as follows: loi. (1) Section 21-112 is amended by striking out "United States District Court for the District of Columbia" and inserting in lieu thereof "Probate Court". (2) Section 21-115 is amended by striking out "to the United States". (3) Section 21-158 is amended by striking out "in the name of the United States", (b) Section 21-301(4) of title 21, District of Columbia Code, is amended by striking out "United States District Court for the District of Columbia" and inserting in lieu thereof "Superior Court of the District of Columbia". (c) Chapter 5 of title 21, District of Columbia Code, is amended as follows: (1) Sections 21-501 and 21-502 (a) are each amended by striking out "Ignited States District Court for the District of Columbia" and inserting in lieu thereof "Superior Court of the District of Columbia". (2) Section 21-521 is amended by striking out "the family physician" and inserting in lieu thereof "a physician". (3) Sections 21-544, 21-564(a), 21-564(b), and 21-590 are each amended by striking out "United States District Court for the District of Columbia" and inserting in lieu thereof "Superior Court of the District of Columbia". (4) Section 21-564(a) is further amended by striking out "Board of Commissioners" and inserting in lieu thereof "Commissioner". (5)(A) Section 21-581 is amended— (i) by striking out "Commissioners" in subsection (a) and in the section heading and inserting in lieu thereof "Commissioner", and (ii) by striking o u t " (a) " and subsection (b). (B) The item relating to section 21-581 in the analysis of chapter 5 is amended by striking out "Commissioners" and inserting in lieu thereof "Commissioner".

(6) Section 21-584 is amended by striking out "witnesses in the courts of the United States" and inserting in lieu thereof "other witnesses in the court". 47-348 O - 72 - 40 (Pt. 1)

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79 Stat. 761.

PUBLIC LAW 91-358-JULY 29, 1970

[84 STAT.

(7) ( ^) The following new section is added after section 21-591: "§21-592. Return to hospital of an escaped mentally ill person "When a person has been ordered confined in a hospital or institution for the mentally ill pursuant to this chapter and has left such hospital or institution without authorization or has failed to return as directed, the court which ordered confinement shall, upon the request of the administrator of such hospital or institution, order the return of such person to such hospital or institution." (B) The analysis of chapter 5 is amended by adding after the item relating to section 21-591 the following: "21-592. Return to hospital of an escaped mentally ill person."

79 Stat. 751.

79 Stat. 766; Postt p» 1087, D.c. Code 211101.

(d) Members of the Commission on Mental Health established under section 21-502 of title 21 of the District of Columbia Code who are in office on the effective date of this title shall continue in office as provided in subsection (b) of that section. (e) Section 21-706(a) of title 21, District of Columbia Code, is amended by striking out "United States District Court for the District of Columbia" and inserting in lieu thereof "Superior Court of the District of Columbia". (f) Section 21-906 of title 21, District of Columbia Code, is amended by striking out "United States District Court for the District of Columbia" and inserting in lieu thereof "Superior Court of the District of Columbia". (g) Chapter 11 of title 21, District of Columbia Code, is amended p -ri as follows: (1)(A) Sections 21-1101, 21-1102, 21-1103, 21-1104, 21-1105, 21-1106,21-1107,21-1108,21-1110,21-1111,21-1113,21-1115,21-1118, and 21-1123 a r e each amended by striking o u t "feeble-minded" each

place it appears and inserting in lieu thereof "substantially retarded". (B) The section heading for section 21-1118 is amended by striking out *'f eeble-minded" and inserting in lieu thereof "substantially retarded'*. (2) Sections 21-1102 and 21-1120 are each amended by striking out "Department of Public Welfare" and inserting in lieu thereof "District of Columbia Council". (3) Section 21-1103 is amended— (A) by striking out "United States District Court for the District of Columbia'' in subsection (a) and inserting in lieu thereof "Superior Court of the District of Columbia", and (B) by striking out "of District Court as to feeble-mindedness" in the section heading and inserting in lieu thereof "as to substantial retardation". (4) Section 21-1104 is amended by striking out "District Court of the United States for the District of Columbia" and inserting in lieu thereof "Superior Court of the District of Columbia". (5) Section 21-1109(a) is amended by striking out "running to the United States". (6) Section 21-1111 (a) is amended by striking out "Commissioners" and inserting in lieu thereof "Commissioner". (7) Section 21-1114 is amended— (A) by striking out "juvenile court of the District of Columbia as a dependent or delinquent child" and inserting in lieu thereof "Family Division of the Superior Court upon allegations that he is delinquent, neglected, or m need of supervision, (B) by striking out "feeble-minded" and inserting in lieu thereof "substantially retarded",

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(C) by inserting ", other than proceedings on a motion to transfer pursuant to section 16-2307," after "the proceedings" in the first sentence, and (D) by striking out "brought before juvenile court appears feeble-minded" in the section heading and inserting in lieu thereof "brought before Family Division appears substantially retarded". 79 771; (8) Sections 21-1116 and 21-1122 are each amended by striking out Post, Stat. 1087. p. "United States District Court for the District of Columbia" and inserting in lieu thereof "Superior Court of the District of Columbia". (9) Section 21-1117 is amended— (A) by striking out "feeble-mindedness" and inserting in lieu thereof "substantial retardation", and (B) by striking out "feeble-minded" in the section heading and inserting in lieu thereof "substantially retarded". (10) The analysis of chapter 11 is amended— (A) by striking out "of District Court as to feeble-mindedness" in the item relating to section 21-1103 and inserting in lieu thereof "as to substantial retardation", and (B) by striking out "before juvenile court appears feebleminded" in the item relating to section 21-1114 and inserting in lieu thereof "before Family Division appears substantially retarded", and (C) by striking out "feeble-minded" in the items relating to sections 21-1117 and 21-1118 and inserting in lieu thereof "substantially retarded". (11) The chapter heading for chapter 11 is amended by striking out "FEEBLE-MINDED" and inserting in lieu thereof "SUBSTANTIALLY RETARDED". D.C. (h) Chapter 13 of title 21, District of Columbia Code, is amended 1301. Code 2 1 as follows: (1) Section 21-1301 is amended by striking out "United States District Court for the District of Columbia" and inserting in lieu thereof "Superior Court of the District of Columbia". (2) The first sentence of section 21-1302 is amended by striking out "to the United States". (i) Chapter 15 of title 21, District of Columbia Code, is amended D-C- code 21 as follows: ''°'(1) Section 21-1501 is amended by striking out "United States District Court for the District of Columbia" and inserting in lieu thereof "Superior Court of the District of Columbia". (2) Section 21-1506 is amended by striking out "of the Civil Division". (j) The analysis of title 21, District of Columbia Code, is amended by striking out "Feeble-Minded" in the reference to chapter 11 and inserting in lieu thereof "Substantially Retarded". AMENDMENTS TO TITLE 2 8

SEC. 151. (a) Sections 28-2103 and 28-2104 of title 28 of the District of Columbia Code are each amended by striking out "United States District Court for the District of Columbia" and inserting in lieu thereof "court having probate jurisdiction". (b) Section 28-2105 of title 28 of the District of Columbia Code is amended by striking out "District Court" and inserting in lieu thereof "court having probate jurisdiction".

^s Stat. ees.

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[84 STAT.

Subpart 2—Amendments to Other Laws REDESIGNATION OF COURTS

3 4 Stat. 151;

49 Stat. 1921; 63 Stat. 107. 35 Stat. 582. 33 Stat. 734. 35 Stat. 671. 31 Stat. 1288 4 5 Stat. 1505, 31 Stat. 1320,

49 Stat. 1917. 82 Stat. 628. 45 Stat. 1338. 54 Stat. 716. 44 Stat. 1414; 77 Stat. 78. 616. 54 Stat. 697.

45 Stat. 952.

SEC. 155. (a) Except as otherwise provided in this Act, all laws of the United States (other than this Act) applicable exclusively to the District of Columbia, in force on the effective date of this Act, in which reference is made to the— (1) justice of the peace, (2) justice of the peace court, (3) policecourtof the District of Columbia, (4) Municipal Court of the District of Columbia, (5) Municipal Court for the District of Columbia (established by the Act of April 1, 1942 (56 Stat. 190)), and (6) District of Columbia Court of General Sessions (established by the Act of July 8, 1963 (77 Stat. 77)) or any division or branch of that Court, are amended by substituting "Superior Court of the District of Columbia" for each such reference. (b) Except as otherwise provided in this Act, all laws of the United States (other than this Act) applicable exclusively to the District of Columbia, in force on the effective date of this Act, in which reference is made to the Municipal Court of Appeals for the District of Columbia (established by the Act of April 1, 1942), are amended by substituting "District of Columbia Court of Appeals" for such reference. (c) The following laws of the United States applicable to the District of Columbia, in force on the effective date of this Act, are amended by striking out all references therein to the United States District Court for the District of Columbia and inserting in lieu thereof "Superior Court of the District of Columbia": (1) The following sections of the Act entitled "An Act to establish a code of law for the District of Columbia", approved March 3, 1901: (A) Section 491a of such Act (D.C. Code, sec. 7-202). (B) Section 491n of such Act (D.C. Code. sec. 7-215). (C) Section 1608e of such Act (T>.C. Code. sec. 7-313). (D) Section 1610 of such Act (D.C. Code, sec. 7-323). (E) Section 869b of such Act (D.C. Code, sec. 22-1510). (F) Section 632 of such Act (D.C. Code, sec. 29-228). (G) Section 586 of such Act (D.C. Code, sec. 29-413). (H) Section 586f of such Act (D.C. Code, sec. 29-419). (I) Section 793 of such Act (D.C. Code, sec. 29-725). (J) Section 1225 of such Act (D.C. Code, sec. 45-910). (2) Section 12 of the Boiler Inspection Act of the District of Columbla, approved June 25, 1936 (D.C. Code, sec. 1-713). (3) Section 2 of the Act of August 3, 1968 (D.C. Code, sec. l-804b). (4) Section 41 of the Act entitled "An Act to regulate the practice of the healing art and to protect the public health in the District of ColumWa", approved February 27.1929 (D.C. Code, sec. 2-132). (5) Section 4 of thp Act of July 2, 1940 (D.C. Code. sec. 2-304). (6) Section 7 of the Act entitled "An Act to regulate the practice of pharmacy and the sale of poisons in the District of Columbia, and for other purposes", approved May 7, 1906 (D.C. Code, sec. 2-606). ^^^ Section 3 of the Act entitled "Au Act to amend the Act to regulate the practice of podiatry in the District of Columbia", approved June 29. 1940 (D.C. Code, sec. 2-703). (8) Section 29 of the Act entitled "An Act to provide for the examination and registration of architects and to regulate the practice of architecture in the District of Columbia", approved December 13, 1924 (D.C. Code, sec. 2-1029).

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(9) The following sections of the Professional Engineers' Kegistration Act, approved September 19, 1950: (A) Section 8 of such Act (D.C. Code, sec. 2-1808). 64 Stat. sse. (B) Section 9(b) of such Act (D.C. Code, sec. 2-1809(b)). (10) Section 13 of the District of Columbia Charitable Solicitation Act, approved July 10, 1957 (D.C. Code, sec. 2-2112). .. ^' ^'^ ^^ (11) The following sections of the District of Columbia Securities Act, approved August 30, 1964: (A) Section 11 of such Act (D.C. Code, sec. 2-2410). 78 Stat. 628. (B) Section 12 of such Act (D.C. Code, sec. 2-2411). (12) Section 18 of the District of Columbia Public Assistance Act, approved October 15, 1962 (D.C. Code, sec. 3-217). ^6 Stat. 9is. (13) Section 389 of the Revised Statutes of the United States Relating to the District of Columbia (D.C. Code, sec. 4-135). es Stat. 755. (14) The following sections of the Act entitled "An Act to punish false swearing before the trial board of the Metropolitan police force and fire department of the District of Columbia, and for other purposes", approved May 11, 1892: (A) The first section of such Act (D.C. Code, sec. 4-601). 47 Stat. se; (B) Section 3 of such Act (D.C. Code, sec. 4-603). " ^'^'' '°^(15) Section 2 of the Act entitled "An Act providing for the establishment of a uniform building line on streets in the District of Columbia less than ninety feet in width", approved June 21, 1906 (D.C. Code, sec. 5 - 2 0 2).

_

(16) Section 11 of the Act entitled "An Act to require the erection of fire escapes in certain buildings in the District of Columbia, and for other purposes", approved March 19, 1906 (D.C. Code, sec. 5-311). (17) Section 7 of the Act entitled "An Act to provide for means of egress for buildings in the District of Columbia, and for other purposes", approved December 24, 1942 (D.C. Code, sec. 5-323). (18) Section 8 of the Act entitled "An Act to regulate the height of buildings in the District of Columbia", approved June 1, 1910 (D.C. Code, sec. 5-408). _ _ (19) Section 7(a) of the District of Columbia Redevelopment Act of 1945, approved August 2, 1946 (D.C. Code, sec. 5-706). (20) The third proviso of section 11(a) of the Horizontal Property Act of the District of Columbia, approved December 21, 1963 (D.C. Code, sec. 5-911). (21) The first section of the Act of March 4, 1929 (D.C. Code, sec. (-505).

^4 Stat. 384.

48 Stat. 846. 56 Stat. io85. 36 Stat. 454. eo Stat. 795. 77 Stat. 4S3. 45 Stat. 1549.

(22) Section 5 of the Act of December 15, 1932 (D.C. Code, sec. 7-405).

47 Stat. 749.

(23) The fifth paragraph of so much of the first section of the Act of March 3, 1905, as relates to bridges (D.C. Code, sec. 7-505). ^3 Stat. 372, (24) The second paragraph of so much of the first section of the ^^^' Act of June 29, 1932, as relates to bridges (D.C. Code, sec. 7-514). 47 Stat. 355. (25) The first section of the Act entitled "An Act to provide for the elimination of the Michigan Avenue grade crossing in the District of Columbia, and for other purposes", approved March 3, 1927 (D.C. Code, sec. 7-520). 44 Stat. 1351. (26) Th^ third paragraph of so much of the first section of the Act of July 3, 1930, as relates to bridges (D.C. Code, sec. 7-523). ^^ Stat. 963. (27) Section 11 of the District of Columbia Public Space Utilization Act, approved October 17, 1968 (D.C. Code, sec. 7-950). 82 Stat. nes. (28) The first section and section 2 of the Act entitled "An Act to provide for the elimination of grade crossings of steam railroads in the District of Columbia, and for other purposes", approved March 3, 1927 (D.C. Code,sec. 7-1215 (a), (b)). ^"^ ^'^'' ^^52.

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esltT'io)'^^^'' 55 Stat. 800. 70 Stat. 610.

68 Stat. 80. 48 Stat. 333. 63 Stat. 938. 29 Stat. 113. 48 Stat. 592.

48 Stat. 1133.

78 Stat. 556.

55 Stat. 739. 44 Stat. 920. 37 Stat. 982.

28 Stat. 218. 76 Stat. 12,

50 Stat. 794; ^ '• ^'^-

65 Stat. 103.

57 Stat. 108.

PUBLIC LAW 91-358-JULY 29, 1970

[84 STAT.

(29) The first section of the Act entitled "An Act to provide for the establishment of a municipal center in the District of Columbia", approved February 28, 1929 (D.C. Code, sec. 9-201). (30) The Act entitled "An Act to prohibit the introduction of contraband into the District of Columbia penal institutions", approved December 15, 1941 (D.C. Code, sec. 22-2603). (31) Section 5 of the Hospital Treatment for Drug Addicts Act for the District of Columbia, approved June 24, 1956 (D.C. Code, sec. 24-605).

(32) Section 345 of the Public Health Service Act, approved July 1^ 1944 (p.c-. Code, sec. 24-614). (33) Section 26 of the District of Columbia Alcoholic Beverage Coutrol Act, approved January 24, 1934 (D.C. Code, sec. 25-126). (34) Section 3 of the Act entitled "An Act concerning commontrust funds and to make uniform the law with reference thereto", approved October 27, 1949 (D.C. Code, sec. 26-703). (35) Section 5 of the Act entitled "An Act to provide for the incorporation and regulation of medical and dental colleges in the District of Columbia", approved May 4, 1896 (D.C. Code, sec. 31-904). (36) The Act entitled "An Act to amend the Code of Law for the District of Columbia", approved April 16, 1934 (D.C. Code, sec. 35205).

(37) The following sections of the Life Insurance Act, approved June 19, 1934: (A) Section 13, chapter II of such Act (D.C. Code, sec. 3 5 412). (B) Section 24, chapter II of such Act (D.C. Code, sec. 35423). (C) Section 15, chapter III of such Act (D.C. Code, sec. 35515). (38) Section 5, title II of the Act of September 19, 1918 (D.C. Code, scc. 36-435). (39) The following sections of the Act of March 4, 1913: (A) Section 8, paragraph 97(a) of such Act (D.C. Code, sec. 43-201). (B) Section 8, paragraph 35 of such Act (D.C. Code, sec. 43^05). (C) Section 8, paragraph 48 of such Act (D.C. Code, sec. 4 3 418). (40) Section 5 of the Act entitled "An Act to authorize the Metropolitan Railroad Company to change its motive power for the propulsion of the cars of said company", approved August 2, 1894 (D.C. Code, sec. 44-208). (41) Section 305 of the District of Columbia Real Estate Deed Recordation Tax Act, approved March 2, 1962 (D.C. Code, sec. 4 5 725).

(42) The following sections of the Act of August 25, 1937: (^^) Section 9 of such Act (D.C. Code, sec. 45-1409). (B) Section 11 of such Act (D.C. Code, sec. 45-1411). (43) The following sections of the Act entitled "An Act to regulate rents in the District of Columbia, and for other purposes", approved December 2 1941', ^j^^ 'section 7 of such Act (D.C. C^ode, sec. 45-1607). (B) Section 10 of such Act (D.C. Code, sec. 45-1610). (44) The following sections of the Act entitled "An Act to provide for unemployment compensation in the District of Columbia, authorize appropriations, and for other purposes", approved August 28, 1935: (A) Section 3(c) (10) of such Act (D.C. Code, sec. 46-303 (c)(10)).

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PUBLIC LAW 91-358-JULY 29, 1970

(B) Section 4(e) ofsuchAct (D.C. Code, sec. 4(5-304 (e)). (C) Section 12 of such Act (I).C. Code, sec. 46-812). (D) Section 13(h) of such Act (D.C. Code, sec. 46-313(h)). (45) Section 13 of the Act of August 14, 1894 (D.C. Code, sec. 47606). (46) The Act entitled "An Act to authorize reassessment for improvements and general taxes in the District of Columbia, and for other purposes", approved April 24, 1896 (D.C. Code, sec. 47-721). (47) The first section of the Act entitled "An Act to provide for enforcing the lien of the District of Columbia upon real estate bid off in its name when offered for sale for arrears of taxes and assessments, and for other purposes", approved March 2, 1936 (D.C. Code,

573

s? Stat. io9; '° ' 28 Stat. 285.

29 Stat. 98.

sec. 4 7 - 1 0 1 1).

49 Stat. 1153.

(48) Section 5 of the Act of July 3, 1926 (D.C. Code, sec. 47-1209). (49) The following sections of the District of Columbia Revenue Act of 1937, approved August 17, 1937: (A) Section 1 of title I of such Act (D.C. Code, sec. 47-1401). (B) Section 6 of title I of such Act (D.C. Code, sec. 47-1406). (C) Section 3 of article III of title V of such Act (D.C. Code, sec. 47-1618). _ (50) Section 29 of the District of Columbia Income Tax Act, approved July 26, 1939 (D.C. Code, sec. 47-1529). (51) Section 3 of title X II of the District of Columbia Income and Franchise Tax Aci of 1947, approved July 16, 1947 (D.C. Code, sec.

^^ Stat. 1227.

47-1586b).

_

^

52 Stat. 356. so Stat. 674. 53 Stat. m e.

^' ^'^'- 352.

(52) Section 145 of the District of Columbia Sales Tax Act, approved May 27, 1949 (D.C. Code, sec. 47-2622). 63 Stat. 122. (53) Section 8 of the Act entitled "An Act to provide for the regulation of closing-out and fire sales in the District of Columbia", 73 s t a t. 4 5 1. approved September 1, 1959 (D.C. Code, sec. 47-3008). (54) Section 11 of the Act of July 3, 1926 (D.C. Code, sec. 48-211). ^4 Stat. sii. (55) Section 2 of the Act of February 18, 1932 (D.C. Code, sec. 4 8 402).

'*'' Stat. 50.

(d) The Act of February 26, 1907 (D.C. Code, sec. 45-707), is amended to read as follows: "That the Recorder of Deeds of the District of Columbia shall recopy such of the records in his office as may, in his judgment and that of a judge of the Superior Court of the District of Columbia appointed for that purpose, need recopying in order to preserve the originals from destruction. The expense of such recopying may not in any fiscal year exceed $1,000 and such expense shall be certified by a judge of the Superior Court appointed for that purpose and audited by the General Accounting Office."

34 Stat. 994.

AMENDMENTS REDESIONATINO DISTRICT OF COLUMBIA TAX COUKT

SEC. 156. (a) Section 303 of the District of Columbia Revenue Act of 1949 (D.C. Code, sec. 40-603-1) is amended by striking out 66"ta5^M7^^' "Board of Tax Appeals for the District of Columbia" and inserting in lieu thereof "Superior Court of the District of Columbia". (b) Section 314 of the Act of March 2, 1962 (D.C. Code, sec. 4 5 734), is amended by striking out "District of Columbia Tax Court" 76 s t a t. 15. and inserting in lieu thereof "Superior Court of the District of Columbia". (c) Section 5 of the Act entitled "An Act to define the real property exempt from taxation in the District of Columbia," approved December 24, 1942 (D.C. Code, sec. 47-801e), is amended by striking 56 Stat. 1091. out "Board of Tax Appeals for the District of Columbia" and inserting in lieu thereof "Superior Court of the District of Columbia".

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Page:United States Statutes at Large Volume 84 Part 1.djvu/632

 574

59 Stat. 610.

1103^*^*' ^^°''

359- rlTstaY^yg

52 Stat. 374. 53 Stat. 1110.

PUBLIC LAW 91-358-JULY 29, 1970

[84 STAT.

(d) Subsection (e) of the Act entitled "An Act to provide for the taxation of rolling stock of railroad and other companies operated in the District of Columbia, and for other purposes", approved December 15, 1945 (D.C. Code, sec. 47-1215(e)), is amended by striking out "Board of Tax Appeals for the District of Columbia" and inserting in lieu thereof "Superior Court of the District of Columbia". (e) Sections 31 and 34 of the District of Columbia Income Tax ^^*' approved July 26, 1939 (D.C. Code, secs. 47-1531, 47-1534), are each amended by striking out "Board of Tax Appeals for the District of Columbia" and inserting in lieu thereof "Superior Court of the District of Columbia". (f) Section 11 of title X II and section 1 of title X V of the District of Columbia Income and Franchise Tax Act of 1947 (D.C. Code, sees. 47-1586], 47-1593) are each amended by striking out "Board of Tax Appeals for the District of Columbia" and inserting in lieu thereof "Superior Court of the District of Columbia". (g) Sections 7 and 13 of title IX of the District of Columbia Revenue Act of 1937 (D.C. Code, secs. 47-2407, 47-2412) are each amended by striking out "the Board" and inserting in lieu thereof "the Superior Court". (h) All other laws of the United States applicable exclusively to the District of Columbia in force on the effective date of this Act in which reference is made to the Board of Tax Appeals for the District of Columbia or to the District of Columbia Tax Court are amended by substituting "Superior Court of the District of Columbia" for such reference. MISCELLANEOUS AMENDMENTS RELATING TO TRANSFERS OF JURISDICTION

Criminal Jurisdiction

45 Stat. 1338; 63 Stat. 107.

54 Stat. 243.

62 Stat. 347.

62 Stat. 348.

JtT';.^^^''

77 Stat. 77.

SEC. 157. (a) Section 40 of the Act entitled "An Act to regulate the practice of the healing art to protect the public health in the District of Columbia", approved Felyuary 27, 1929 (D.C. Code, sec. 2-131), is amended by striking out "in the United States District Court for the District of Columbia" and inserting in lieu thereof "in the District of Columbia". (b) Section 8 of the Act entitled "An Act to establish a Board of Indeterminate Sentence and Parole for the District of Columbia and to determine its functions, and for other purposes", approved July 15, 1932 (D.C. Code, sec. 22-2601), is amended by striking out "in any court of the United States". (c) The Act entitled "An Act to provide for the treatment of sexual psychopaths in the District of Columbia, and for other purposes", approved June 9, 1948, is amended as follows: (J) Section 201 of such Act (D.C. Code, sec. 22-3503) is amended— (A) by amending paragraph (2) to read as follows: "(2) The term 'court* means a court in the District of Columbia having jurisdiction of criminal offenses or delinquent acts.", and (B) by striking out "an offense in the juvenile court of the District of Columbia" in paragraph (4) and inserting in lieu thereof "a delinquent act". (2) Section 202(a) of such Act (D.C. Code, sec. 22-3504) is amended by striking out "United States District Court for the District of Columbia" and inserting in lieu thereof "Superior Court of the District of Columbia". (d) Section 164A(f) of the Uniform Narcotic Drug Act (D.C. Code, sec. 33-416a(f)) is amended b;^ striking out "ifnited States branch of the municipal court" and inserting in lieu thereof "Superior Court of the District of Columbia".

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 84 STAT. ]

PUBLIC LAW 91-358-JULY 29, 1970

575

Settlement of Claims (e) The Act entitled "An Act authorizing the Commissioners of the District of Columbia to settle claims and suits against the District of Columbia", approved February 11, 1929, is amended as follows: (1) The first section of such Act (D.C. Code, sec. 1-902) is ^/Itft^'joi'^^' amended by striking out "court of the District of Columbia" and inserting in lieu thereof "courts in the District of Columbia". (2) Section 2 of such Act (D.C. Code, sec. 1-903) is amended by " ^tat. io7. striking out "United States District Court for the District of Columbia, the United States Court of Appeals for the District of Columbia," and inserting in lieu thereof "courts in the District of Columbia". Law Enforcement Council (f) Section 401(b) of the District of Columbia Law Enforcement Act of 1953, approved June 29, 1953 (D.C. Code, sec. 2-1901 (b)), is amended by striking out paragraph (12) and by redesignating paragraphs (13) through (15) as paragraphs (12) through (14), respectively. Real Property Actions

e? Stat. 102.

(g) Section 1227 of the Act entitled "An Act to establish a code of law for the District of Columbia", approved March 3, 1901 (D.C. Code, sec. 45-912), is amended by striking out ", either in said United ggLflVo?^*^' States District Court for the District of Columbia or before a justice of the peace". Tort Claims (h) Paragraph (b) of section 2 of the District of Columbia Employee Non-Liability Act (D.C. Code, sec. 1-921) is amended to read 74 Stat. 519; lis follows: 77 Stat. 77. " (b) 'Court' means the court in the District of Columbia having the necessary civil jurisdiction pursuant to section 11-501 or 11-921 of the District of Columbia Code." ^g^;"'^- PP- ^^SDamages to National Guard Property (i) Section 38 of the Act entitled "An Act to provide for the organization of the militia of the District of Columbia", approved March 1, 1889 (D.C. Code, sec. 39-513), is amended by striking out "any justice ^^^f^^'Jy of the peace, with the right of appeal to the United States District Court for the District of Columbia, or before the United States District Court for the District of Columbia" and inserting in lieu thereof "the court in the District of Columbia having jurisdiction of the amount in controversy". Unclaimed Freight (j) Section 643 of the Act entitled "An Act to establish a code of law for the District of Columbia", approved March 3, 1901 (D.C. Code, sec. 44-102), is amended— (1) by striking out "United States District Court for the District of Columbia" and inserting in lieu thereof "Superior Court of the District of Columbia", and (2) by striking out the proviso.

^o^L^[^^:l^^^''

63 Stat. 107.

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Page:United States Statutes at Large Volume 84 Part 1.djvu/634

 576

PUBLIC LAW 91-358-JULY 29, 1970 AMENDMENTS

76 Stat. 589.

25 Stat. 554;

31 Stat. 1208.

31 Stat. 1272; 63 Stat. 107.

,^L!!^*i'nV^^'

63 Stat. 107.

REFLECTING

TRANSFER

OF PROBATE

[84 STAT. JURISDICTION

SEC. 158. (a) The Revised Statutes of the District of Columbia are amended as follows: (1) Section 416(b) of such Revised Statutes (D.C. Code, sec. 4-159) is amended— (A) by striking out "United States District Court for the District of Columbia" and inserting in lieu thereof "court having probate jurisdiction", and (B) by striking out "Probate Court" and inserting in lieu thereof "court having probate jurisdiction". (2) Section 454 of such Revised Statutes (D. C. Code, sec. 29-514) is amended by striking out "United States District Court for the District of Columbia" and inserting in lieu thereof "court having probate jurisdiction". (b) The Act entitled "An Act regulating admissions to the Institution of the Association for Works of Mercy in certain cases, and for other purposes", approved October 12, 1888, is amended as follows: (1) j h e first section of such Act (D.C. Code, sec. 32-101) is amended by striking out "the judge of the orphans' court of the District of Columbia" and inserting in lieu thereof "a judge of the court having probate jurisdiction". (2) Section 4 of such Act (D.C. Code, sec. 32-104) is amended by striking out "orphans' court of the District of Columbia" and inserting in lieu thereof "court having probate jurisdiction". (c) The Act entitled "An Act to establish a code of law for the District of Columbia", approved March 3, 1901, is amended as follows: (1) Section 534 of such Act (D.C. Code, sec. 45-611) is amended by striking out "United States District Court for the District of Columbia" and inserting in lieu thereof "court having probate jurisdiction". (2) Section 537 of such Act (D.C. Code, sec. 45-619) is amended by striking out "said United States District Court for the District of Columbia" and inserting in lieu thereof "the court having probate jurisdiction". (3) Section 669 of such Act (D.C. Code, sec. 27-113) is amended by striking out "United States District Court for the District of Columbia" and inserting in lieu thereof "court having probate jurisdiction". (4) Section 746 of such Act (D.C. Code, sec. 26-334) is amended by striking out "United States District Court for the District of Columbia" and inserting in lieu thereof "court having probate jurisdiction". (d) The District of Columbia Revenue Act of 1937 is amended as follows: (1) Section 3 of article I of title V of such Act (D.C. Code, sec. 47-1603) is amended by striking out "United States District Court for the District of Columbia" and inserting in lieu thereof "court having probate jurisdiction". (2) Section 5 of article I of title V of such Act (D.C. Code, sec. 47-1605) is amended by striking out "United States District Court for the District of Columbia" and inserting in lieu thereof "court having probate jurisdiction". (3) Section 9 of article III of title V of such Act (D.C. Code, sec. 47-1624) is amended— (A) by striking out "United States District Court for the District of Columbia" each place it occurs and inserting in lieu thereof "court having probate jurisdiction", and (B) by striking out "said District Court" and inserting in lieu thereof such court".

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 84 STAT. ]

PUBLIC LAW 91-358-JULY 29, 1970

577

(e) Section 9 of the Act entitled "An Act to create a board for the condemnation of insanitary buildings in the District of Columbia, and for other purposes", approved May 1, 1906 (D.C. Code, sec. 5-624), is 68 Stat. 887. amended by striking out "United States District Court for the District of Columbia" and inserting in lieu thereof "court having probate jurisdiction". (f) Section 5 of the Act entitled "An Act authorizing the Commissioners of the District of Columbia to settle claims and suits against the District of Columbia", approved February 11, 1929 (D.C. Code, 65 Stat. sec. 1-906), is amended by striking out "United States District Court ^^%^^%^131; for the District of Columbia" and inserting in lieu thereof "court having probate jurisdiction". (g) Section 2 of the Act of April 5, 1939 (D.C. Code, sec. 31-711), gg^l^^^^tat. 571; is amended by striking out "United States District Court for the District of Columbia" and inserting in lieu thereof "court having probate jurisdiction". AMENDMENTS RELATING TO THE JURISDICTION OF THE F A M I L Y DIVISION

SEC. 159. (a) Section 5 of the Act entitled "An Act to provide for the mandatory reporting by physicians and institutions in the District of Columbia of certain physical abuse of children", approved November 6, 1966 (D.C. Code, sec. 2-165), is amended by striking out "Ju- 8° Stat. 1355. venile Court" both times it appears and inserting in lieu thereof "Family Division of the Superior Court". (b) Section 4 of the Act entitled "An Act to provide for the care of dependent children in the District of Columbia and to create a board of children's guardians", approved July 26, 1892 (D.C. Code, sec. 3-116), is amended by striking out "police court or the criminal 3/sta'^*73^^^' court of the District" and inserting in lieu thereof "Family Division of the Superior Court". (c) The first section of the Act entitled "An Act to enlarge the powers of the courts of the District of Columbia in cases involving delinquent children, and for other purposes", approved March 3, 1901 (D.C. Code, sec. 3-120), is amended by striking out "criminal and 3i Stat. 1095; police courts" and inserting in lieu thereof "Family Division of the ^^ ^^^*" ^^" " Superior Court". (d) Section 405 of the District of Columbia Law Enforcement Act of 1953 (D.C. Code, sec. 24-106) is amended to read as follows: 67 Stat. los; 68 Stat. 730; 77 Stat. 77. P S Y C H I A T R I S T AND

PSYCHOLOGIST

"SEC. 405. The Commissioner shall appoint a qualified psychiatrist and a qualified psychologist whose services shall be available to the following officers to assist them in carrying out their duties: "(1) In criminal cases, the judges and probation officers of the United States District Court for the District of Columbia and the judges and Director of Social Services of the Superior Court of the District of Columbia. "(2) The judges and such personnel assigned to the Family Division of the Superior Court as the Chief Judge may designate. "(3) Such officers of the Department of Corrections as the Director thereof shall designate. " (4) The Board of Parole of the District." (e) Section 927(a) of the Act entitled "An Act to establish a code of law for the District of Columbia", approved March 3, 1901 (D.C. Code, sec. 24-301), is amended by striking out "juvenile court" and inserting in lieu thereof "Family Division of the Superior Court".

^9 Stat. 609.

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Page:United States Statutes at Large Volume 84 Part 1.djvu/636

 578

ry^staJr'yy^^"'

43 Stat. 808.

23 Stat. 302; 34 Stat. 73.

73 Stat. 413.

45 Stat. 1004.

PUBLIC LAW 91-358-JULY 29, 1970

(f) The Act entitled "An Act to improve and extend, through reciprocal legislation, the enforcement of duties of support in the District of Columbia", approved July 10, 1957, is amended as follows: (1) Section 2(d) of such Act (D.C. Code, sec. 30-302(d)) is amended by striking out "Domestic Relations Branch of the Municipal Court for the District of Columbia" and inserting in lieu thereof "Family Division of the Superior Court". (2) Section 22 of such Act (D.C. Code, sec. 80-322) is amended by striking out "civil branch of the municipal court for the District of Columbia" and inserting in lieu thereof "Superior Court of the District of Columbia in civil cases". (g) Section 3 of article III of the Act entitled "An Act to provide for compulsory school attendance, for the taking of a school census in the District of Columbia, and for other purposes", approved FebruHYJ 4^ 1925 (D. C. Code, scc. 31-213), is amended by striking out "juvenile court" and inserting in lieu thereof "Family Division of the Superior Court". (h) Section 2 of the Act entitled "An Act for the protection of children in the District of Columbia and for other purposes", approved February 13, 1885 (D.C. Code, sec. 32-209), is amended— ^^^ 1^^ Striking out "police court" and inserting in lieu thereof "Family Division of the Superior Court", and (2) by striking out the proviso at the end thereof. (i) Section 6 of the Act entitled "An Act to regulate the placing of children in family homes, and for other purposes", approved April 22, 1944 (D.C. Code, sec. 32-786), is amended by striking out "Domestic Relations Branch of the Municipal Court" each time it appears and inserting in lieu thereof "Family Division of the Superior Court". (j) The Act entitled "An Act to regulate the employment of minors within the District of Columbia", approved May 29, 1928, is amended as follows: (1) The third sentence of section 22 of such Act (D.C. Code, sec. 36-222) is amended by striking out "juvenile court" and inserting in lieu thereof "Family Division of the Superior Court". (2) Section 26 of such Act (D.C. Code, sec. 36-228) is amended by striking out "juvenile court" and inserting in lieu thereof "Family Division of the Superior Court". AMENDMENTS RELATING TO THE C H I E F MEDICAL

^^3i^sj«t-^i298; 76 Stat. 537.

31 Stat. 1298; 63 Stat, 107.

Ante, p. 520. 7 7^stat^*77^^^'

[84 STAT.

EXAMINER

SEC. 160. (a) The Act entitled "An Act to establish a code of law for the District of Columbia", approved March 3, 1901, is amended as follows: (1) Section 683 of such Act (D.C. Code, sec. 27-125) is amended— ^^^^ ^^ Striking out "corouer of said District" each place it appears and inserting in lieu thereof "Chief Medical Examiner", and (B) by striking out "Coroner" each place it appears and inserting in lieu thereof "Chief Medical Examiner". (2) Section 686 of such Act (D.C. Code, sec. 27-128) is amended A

J

J! n

to read as follows: "SEC. 686. This subchapter shall not be construed to (1) interfere with or prevent the disinterment of any body in accordance with section 11-2311 of the District of Columbia Code, or (2) interfere with the disposal of the ashes of bodies which have been cremated." (3) Section 802(a) of such Act (D.C. Code, sec. 40-606) is amended by striking out the second paragraph.

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 84 STAT. ]

PUBLIC LAW 91-358-JULY 29, 1970

(b) Section 9 of the District of Columbia Tissue Bank Act (D.C. Code, sec. 2-258) is amended to read as follows: "SEC. 9. Office of the Chief Medical Examiner.—(a) The Commissioner is authorized to appoint physicians to perform the fimctions of the Chief Medical Examiner, in accordance with chapter 23 of title 11 of the District of Columbia Code. " (b) The Chief Medical Examiner of the District of Columbia may, in his discretion, allow tissue to be removed from any dead human body in his custody or under his jurisdiction. Such tissue removal shall not interfere with other functions of his Office. The person who, in accordance with section 2(b) of the District of Columbia Anatomical Gift Act, is authorized to donate tissues from the body, shall first authorize the tissue removal."

579 76 Stat. 536.

^'^^e, p. sis.

^"'^' P- 2^^-

AMENDMENTS RELATING TO THE REVENUE LAWS OF THE DISTRICT OF COLUMBIA

SEC. 161. (a) The District of Columbia Revenue Act of 1937 is amended as follows: (1) Section 1 of title IX of such Act (D.C. Code, sec. 47-2401) is 52 Stat. 370. amended— (A) by striking out "The word 'Board', means the Board of Tax Appeals for the District of Columbia created by this title.", and (B) by striking out "The word 'court' shall mean the United States Court of Appeals for the District of Columbia." and inserting in lieu thereof "The word 'court' shall mean the Superior Court of the District of Columbia, unless the context indicates otherwise." (2) Section 2 of title IX of such Act (D.C. Code, sec. 47-2402) is ^^^1^^^^]; ^47; amended (A) by striking out the first four paragraphs, (B) by strik*^*' '**^* insr out " (a) ", and (C) by striking out the paragraph designated "(b)". (3) Section 3 of title IX of such Act (D.C. Code, sec. 47-2403) is 53 Stat. nos. amended to read as follows: "SEC. 3. Any person aggrieved by any assessment by the District of any personal-property, inheritance, estate, business-privilege, grossreceipts, gross-earnings, insurance premiums, or motor-vehicle-fuel tax or taxes, or penalties thereon, may within six months after payment of the tax, together with penalties and interest assessed thereon, appeal from the assessment to the Superior Court of the District of Columbia. The mailing to the taxpayer of a statement of taxes due shall be considered notice of assessment with respect to the taxes. The court shall hear and determine all questions arising on appeal and shall make separate findings of fact and conclusions of law, and shall render its decision in writing. The court may affirm, cancel, reduce, or increase (4) Section'4 of title IX of such Act (D.C. Code, sec. 47-2404) is amended to read as follows: "SEC. 4. (a) Decisions of the Superior Court in civil tax cases are reviewable in the same manner as other decisions of the court in civil cases tried without a jury. The District of Columbia Court of Appeals has the power to affirm, modify, or reverse the decision of the Superior Court with or without remanding the case for hearing. "(b) The decision of the Superior Court shall become final (1) upon the expiration of the time allowed for filing a petition for review, if no petition is filed within that time; (2) upon the expiration of time allowed for filing a petition for certiorari if the decision of the Superior Court has been affirmed on appeal, the appeal has been dismissed, or no petition for certiorari has been filed; (3) upon denial of a j4ti-

^^ Stat. 544.

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Page:United States Statutes at Large Volume 84 Part 1.djvu/638

 580

"Mandate".

52 Stat. 372; 66 Stat. 544. R«p««i52 Stat. 374. 74 Stat. 224.

PUBLIC LAW 91-358-JULY 29, 1970

[84 STAT.

tion for certiorari if the decision of the Superior Court has been affirmed on appeal or the appeal has been dismissed; or (4) upon the expiration of thirty days from the date of issuance of the mandate of the Supreme Court, if that Court has affirmed the decision of the Superior Court or dismissed the petition for review. "(c) If the Supreme Court directs that the decision of the Superior Court be modified or reversed, the decision rendered in accordance with the Supreme Court's mandate shall become final upon the expiration of thirty days from the time it was rendered unless within that time either the District or the taxpayer has instituted proceedings to have the decision corrected to accord with the mandate, in which event the decision of the Superior Court shall become final when so corrected. " (d) If the decision of the Superior Court is modified or reversed by the District of Columbia Court of Appeals and if (1) the time allowed for filing a petition for certiorari has expired and no such petition has been filed, (2) the petition for certiorari has been denied, or (3) the decision of the District of Columbia Court of Appeals has been affirmed by the Supreme Court, then the decision of the Superior Court rendered in accordance with the mandate of the District of Columbia Court of Appeals shall become final upon the expiration of thirty days from the time the decision of the Superior Court was rendered, unless within that time either the District or the taxpayer has instituted proceedings to have the decision corrected so that it will accord with the mandate, in which event the decision of the Superior Court shall become final when corrected. "(e) If the Supreme Court orders a rehearing, or if the case is remanded by the District of Columbia Court of Appeals for rehearing and if (1) the time allowed for filing of a petition for certiorari has expired and no petition has been filed; (2) the petition for certiorari has been denied; or (3) the decision of the District of Columbia Court of Appeals has been affirmed by the Supreme Court, then the decision of the Superior Court rendered upon such rehearing shall become final in the same manner as though no prior decision had been rendered. "(f) Xs used in this section the term 'mandate', in case a mandate has been recalled prior to the expiration of thirty days from the date of issuance, means the final mandate." (5) Section 5 of title IX of such Act (D.C. Code, secs. 47-709, 47710, 47-711, 47-712, 47-716, and 47-2405) is amended by striking out ''ninety days" wherever it appears and inserting in lieu thereof "six months". (6) Sections 6, 8, and 9 of title IX of such Act (D.C. Code, sees. 47-2406,47-2408, and 47-2409) are repealed. (7) Section 14 of title IX of such Act (D.C. Code, sec. 47-2413) is amended to read as follows: "SEC. 14. (a) "Where there has been an overpayment of any tax, the nmount of the overpayment shall be refunded to the taxpayer. No refund (other than inheritance and estate taxes) shall be allowed after two years from the date the tax is paid unless the taxpayer files a claim before the expiration of that period. The amount of refund of taxes (other than inheritance and estate taxes) shall not exceed the portion of the tax paid during the two years immediately preceding the filing of the claim or, if no claim is filed, then the two years immediately preceding the allowance of the refund. No refund of inheritance and estate taxes shall be allowed after three years from the date the tax is paid unless the taxpayer files a claim before the expiration of that period The amount of refund of inheritance and estate taxes shall not exceed the portion of the tax paid during the three years immediately preceding the filing of the claim or, if no claim is filed, then during the

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 84 STAT. ]

PUBLIC LAW 91-358-JULY 29, 1970

581

three years immediately preceding the allowance of the refund. Every claim for refund must be in writing under oath, must state the specific grounds on which it is founded, and must be filed with the Commissioner. If the Commissioner disallows all or any part of the refund claim, he shall notify the taxpayer by registered or certified mail. After receiving notice of disallowance, if the claim is acted upon within six months of filing, or after the expiration of six months from the date of filing if the claim is not acted upon, the taxpayer may appeal as provided in sections 3 and 4 of this title. This subsection does not apply to real estate taxes and it does not apply to taxes imposed by the District of Columbia Income Tax Act, by the District of Columbia !.^^^*^*"i°^/Income and Franchise Tax Act of 1947, or by titles I and II of the Dis- 1501 note. trict of Columbia Revenue Act of 1949, refunds of which are other- ^^ Stat. 328. . 1

T 1

1

'

D.C. Code 47-

wise provided by law, 1551 note. "(b) In any proceeding under this title the Superior Court has 63 Stat. 112, jurisdiction to determine whether there has been any overpayment of 2601, 47-2701*^' tax and to order that any overpayment be credited or refunded to the notes. taxpayer, if a timely refund claim has been filed. "(c) Any other provision of law to the contrary notwithstanding, if it is determined by the Commissioner or by the Superior Court that there has been an overpayment of any tax, whether as a deficiency or otherwise, interest shall be allowed and paid on the overpayment at the rate of 4 per centum per annum from the date the overpayment was paid until the date of refund, but with respect to that part of any overpayment which was not assessed and paid as a deficiency or as additional tax interest shall be allowed and paid only from the date of filing a claim for refund or a petition to the Superior Court as the case may be, " (d) For purposes of this section, any interest or penalties paid by the taxpayer in connection with an overpayment of tax shall be deemed to be a part of the overpayment of tax." (b) Section 34 of the District of Columbia Income Tax Act (D.C. Code, sec. 47-1534) is amended by striking out the last sentence. ^^ ^*^'" ^^°^* (c) Section 34 of the District of Columbia Income Tax Act (D.C. Code, sec, 47-1534) is amended by striking out "ninety days" and inserting in lieu thereof "six months", (d) The District of Columbia Revenue Act of 1949 is amended as follows: (1) Section 611 of such Act (D,C. Code, sec, 47-2810) is amended ^^ Stat. 139, by striking out ", except for such violations as are felonies, and prosecutions for such violations as are felonies shall be by the United States attorney in and for the District of Columbia, or any of his (2) Section 303 of such Act (D,C. Code, sec, 40-603-1) is amended— " Stat. 129, (A) by striking out the second sentence thereof, and (B) by striking out "ninety days" and inserting in lieu thereof "six months". (3) Section 141 of such Act (D.C. Code, sec. 47-2618) is amended ^3 Stat. 120, to read as follows— "SEC, 141, (a) Any vendor or purchaser aggrieved by a final determination of tax or denial of an application for refund of any tax may appeal to the Superior Court in the same manner and to the same extent as set forth in sections 3, 4, 7, 10 and 11 of title IX of the District of Columbia Revenue Act of 1937. ^"'^' PP- 579, "(b) If it is determined by the Commissioner or by the Superior ^52 Stat. 374, Court that any part of any tax which was assessed as a deficiency, ^•<=^- code 47and any interest thereon paid by the taxpayer, was an overpayment, It-kn.'^'^^^' interest shall be allowed and paid on the overpayment of tax at the rate of 4 per centum per annum from the date the overpayment was paid until the date of refund,"

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Page:United States Statutes at Large Volume 84 Part 1.djvu/640

 582 76 Stat. 15.

33 Stat. 738; 63 Stat. 107.

•^^P^^^32 Stat. 620.

45 Stat. 1226.

^^p^^^61 Stat. 359. R«p*^i66 Stat. 547. 61 Stat. 359.

PUBLIC LAW 91-358-JULY 29, 1970

[84 STAT.

(e) The Act of March 2, 1962, is amended as follows: (1) Section 314 of such Act (D.C. Code, sec. 45-734) is amended— (A) by striking out subsection (b), and (B) by striking out " (a) ". (2) Section 320 of such Act (D.C. Code, sec. 45-740) is amended by striking out ", except for such violations as are felonies, and prosecution for such violations as are felonies shall be by the United States attorney in and for the District of Columbia, or any of his assistants". (f) Section 4 of the Act entitled "An Act to designate parcels of land in the District of Columbia for purposes of assessment and taxation, and for other purposes", approved February 23, 1905 (D.C. Code, sec. 47-407), is amended hj inserting after "clerk of the United States District Court for the District of Columbia," the following: "clerk of the Superior Court of the District of Columbia,". (g) Paragraph 11 of section 6 of the Act of July 1, 1902 (D.C. Code, sec. 47-1213), is repealed. (h) The Act entitled "An Act to amend the laws relating to assessment and collection of taxes in the District of Columbia, and for other purposes", approved February 18, 1929, is amended as follows: (1) ^ h e first section of such Act (D.C. Code, sec. 47-1304) is amended by inserting after "shall be available also" in the second sentence thereof the following: "in the Superior Court of the District of Columbia". (2) Section 2 of such Act (D.C. Code, sec. 47-1305) is amended by striking out "equity court" and inserting in lieu thereof "Superior Court of the District of Columbia". (i) Section 2 of title X V of the District of Columbia Income and Franchise Tax Act of 1947 (D.C. Code, sec. 4<-1593a) is repealed. (j) Section 7 of the Act entitled "An Act to amend certain tax laws applicable to the District of Columbia", approved July 10, 1952 (D.C. Code, sec. 47-2414), is repealed. (k) Section 1 of title X V of the District of Columbia Income and FrancWse Tax Act of 1947 (D.C. Code, sec. 47-1593) is amended by striking out "ninety days" and inserting in lieu thereof "six months". AMENDMENTS TO THE DISTRICT OP COLUMBIA ADMINISTRATIVE PROCEDURE ACT

82 Stat. 1209.

SEC. 162. Section 11 of the District of Columbia Administrative Procedure Act (D.C. Code, sec. 1-1510) is amended— (1) in the first sentence, by striking out ", except" and all that follows in that sentence and inserting in lieu thereof of period; and (2) by repealing the last sentence. ADDITIONAL AMENDMENTS

45 Stat. 1504; 80 Stat! 1430.

supra. 68 Stat. 234.

RELATING TO ADMINISTRATIVE

PROCEDURE

SEC. 163. (a) The second proviso of section 586d of the Act entitled "An Act to establish a code of law for the District of Columbia", approved March 3, 1901 (D.C. Code, sec. 29-417), is amended by striking out "have the action of the said Board of Higher Education reviewed by the United States District Court for the District of Columbia at an equity term thereof" and inserting in lieu thereof "appeal as provided in the District of Columbia Administrative Procedure Act (D.C. Code, secs. 1-1501 to 1-1510)". (b) Subsection (c) of section 137 of the District of Columbia Busij^ess Corporation Act (D.C. Code, sec. 29-948(c)) is amended to read as follows:

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"(c) Appeals from all final orders and judgments entered by the court under this section may be taken by either party to the proceeding within sixty days after service on the party of a copy of the order or judgment of the court." (c) The first paragraph of section 28 of the Life Insurance Act, approved June 19, 1934 (D.C. Code, sec. 35-427) is amended by strik- ^^^l\^^' ^^'^°' ing out "from the ruling of the superintendent to the United States District Court for the District of Columbia, in equity" and all that follows and inserting in lieu thereof "as provided by the District of Columbia Administrative Procedure Act (D.C. Code, secs. 1-1501 to 1-1510)."

Ante, p. 582,

(d) Section 1210 of the District of Columbia Insurance Placement Act, approved August 1, 1968 (D.C. Code, sec. 35-1709), is amended ^^ Stat. 571. by striking out "section 11-742 of the District of Columbia Code" and inserting in lieu thereof "the District of Columbia Administrative Procedure Act (D.C. Code, secs. 1-1501 to 1-1510)". (e) Subsection (b) of section 10 of the Act entitled "An Act to provide for voluntary apprenticeship in the District of Columbia", approved May 21, 1946 (D.C. Code, sec. 36-130(b)), is amended by ^0 ^tat. 207. striking out the fourth sentence and all that follows and inserting in lieu thereof "Any person aggrieved by the action of the Council may appeal as provided in the District of Columbia Administrative Procedure Act (D.C. Code, secs. 1-1501 to 1-1510)." (f) Subsection (a) of section 9 of the Act of September 19, 1918 (D.C. Code, sec. 36-409), is amended by striking out the second sen- ^° ^*^'- ^^'^• tence and all that follows thereafter and inserting in lieu thereof "The review shall be governed by the District of Columbia Administrative Procedure Act (D.C. Code, secs. 1-1501 to 1-1,510)." (g) The District of Columbia Traffic Act, 1925, is amended as follows: (1) Subsection (a) of section 13 (D.C. Code, sec. 40-302(a)) is „^i^'^*;//28; amended by striking out "sections 11-742, 17-303, 17-304, 17-305(b), 17-306 and 17-307 of the District of Columbia Code" and inserting in lieu thereof "the District of Columbia Administrative Procedure Act (D.C. Code, secs. 1-1501 to 1-1510)". (2) Subsection (d) of section 6 (D.C. Code, sec. 40-603(d)) is 46 Stat. 1425. amended by striking out "and jurisdiction is hereby conferred upon the Court of Appeals of the district for this purpose". (h) The second paragraph of section 4 of the Motor Vehicle Safety Responsibility Act of the District of Columbia, approved May 25, 1954 (D.C. Code, sec. 40-420), is amended by striking out the second ^^ Stat. 121; and succeeding sentences and inserting in lieu thereof "Appeal shall ^^ ^*^'' ^^* be as provided in the District of Columbia Administrative Procedure Act (D.C. Code,secs. 1-1501 to 1-1510)." (i) Section 8 of the Act of March 4, 1913, is amended as follows: (1) Paragraph 50 of such section (D.C. Code, sec. 43-420) is 37 Stat. gas. amended by striking out "circuit courts" and inserting in lieu thereof "the Superior Court of the District of Columbia". (2) Paragraph 65 of such section (D.C. Code, sec. 43-705) is 49 stat, 882. amended by striking out the third subparagraph. (3) Paragraph 68 of such section (D.C. Code, sec. 43-708) is Repeal. repealed. 49 Stat. 884. (j) The Act entitled "An Act to provide for unemployment compensation in the District of Columbia, authorize appropriations, and for other purposes", approved August 28, 1935, is amended as follows: (1) Section 3(c) (10) of such Act (D.C. Code, sec. 46-303(c) (10)) Jl^f,^\o\^^'' is amended by striking out the last sentence thereof. (2) Section 12 of such Act (D.C. Code, sec. 46-312) is amended by striking out " (a) " and by striking out subsection (b).

47-348 O - 72 - 41 (Pt. 1)

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