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the plaintiff recover from the garnishee and his surety or sureties the value of the property, not exceeding the plaintiff's claim, the judgment to be entered satisfied if the property is forthcoming and delivered to the marshal, undiminished in value, within ten days after the judgment; otherwise, execution thereon may be had against the garnishee and his surety or sureties; and if the property is so delivered to the marshal the same shall be sold by him under fieri facias to satisfy the judgment of condemnation. § 16-528. Judgment protects garnishee A judgment of condemnation against a garnishee, and execution thereon, or payment by the garnishee in obedience to the judgment or an order of the court, is a sufficient defense to any action brought against him by the defendant in the action in which the attachment is issued, for or concerning the property or credits so condemned. § 16-529. Attachment in actions for fraudulent conveyances (a) Where the ground upon which an attachment is applied for is that the defendant has assigned, conveyed, or disposed of his property with intent to hinder, delay, or defraud his creditors, the attachment may be levied upon the property alleged to be so assigned or conveyed in the hands of the alleged fraudulent assignee or transferee, as a garnishee. (b) The garnishee may have the same benefit of section 16-506 as the defendant in the action. If the court is of the opinion, upon the hearing of the affidavits filed, that the attachment ought not to have issued or to have been levied on the property claimed by the garnishee, the attachment may be quashed as to the garnishee and the levy set aside. (c) If the levy is not set aside, the garnishee may answer that he was a bona fide purchaser from the defendant for value without notice of any fraud on the part of the defendant, and the answer shall be held to make an issue, without any further pleading in reply thereto; and issue may be tried as directed by section 16-520. (d) When the issue is found in favor of the garnishee, judgment shall be rendered in his favor for his costs and a reasonable attorney fee. When the issue is found against the garnishee, but judgment in the action is rendered in favor of the defendant, the attachment shall be dissolved, arid garnishee shall recover his costs. (e) When the issue is found against the garnishee and judgment in the action is rendered in favor of the plaintiff against the defendant, or the defendant, not being found, has failed to appear in obedience to the order of publication against him, and when it appears upon the verdict of a jury that the claim of the plaintiff against the defendant is well founded, a judgment of condemnation of the property attached shall be rendered, as directed by section 16-524 (c). § 16-530. Time for trial of issues AH issues raised by answers to the attachment, in any case, may be tried at the same time as the issues raised by the pleadings in the action, or separately, as may be just. § 16-531. Attachment dockets; index of attachments The clerk of the court shall keep an attachment docket, in which, as well as in the regular docket, shall be entered all attachments levied upon real estate, with a description, in brief, of the real estate so levied upon. The attachments shall be indexed in the names of the defendant and of any person in whose possession the estate may have been levied upon.

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§ 16-532. Other remedies of judgrment creditor Nothing herein contained deprives a judgment creditdl? of the right to file a civil action to enforce his judgment against an equitable interest in real or personal estate of the judgment defendant, or to have a conveyance of the real or personal estate by the defendant, made with intent to hinder, delaj^, and defraud his creditors, set aside. § 16-533. Attachment proceedings in Court of General Sessions The provisions of this Code relating to attachments apply to attach' ment proceedings in the District of Columbia Court of General Sessions. Subchapter II—Attachment and Garnishment After Judgment in Aid of Execution § 16-541. Definition and applicability As used in this subchapter, "judgment" includes an unconditional decree for the payment of money, and this subchapter is applicable to such a decree. § 16-542. Issuance of attachment after judgment; costs An attachment may be issued upon a judgment either before or after or at the same time with a fieri facias. If costs are unnecessarily nmltiplied thereby they shall be charged to the party causing the attachment to be issued. § 16-543. Revival of judgment unnecessary Attachment may be issued at any time during the life of the judgment, without issuing an order reviving the judgment previously thereto. § 16-544. Property subject to attachment An attachment may be levied upon the judgment debtor's goods, chattels, and credits. § 16-545. Multiple attachments against same judgment debtor Only one attachment upon goods, chattels, and credits of a judgment debtor may be satisfied at one time. Where more than one such attachment issued against the same judgment debtor is served on a garnishee the attachments shall be satisfied in the order in which they were served upon the garnishee. This section does not apply with respect to an attachment upon wages to which subchapter III of this chapter applies. § 16-546. Attachments of credits An attachment shall be levied upon credits of the defendant, in the hands of a garnishee, by serving the garnishee with a copy of the writ of attachment and of the interrogatories accompanying the writ, and a notice that any property or credits of the defendant in his hands are seized by virtue of the attachment. § 16-547. Retention of property or credits by garnishee Where the property or credits attached or sought to be attached are held by the garnishee in the name of or for the account of a person other than the defendant, the ^mishee shall retain the property or credits during the period pending determination by the court of the propriety of the attachment or the rightful owner of the property or credits. During that period the garnishee shall incur no liability whatsoever for the retention.

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§16-548. Attachment of judgments and money or property in hands of marshal (a) An attachment may be levied upon debts due to the defendant upon a judprment or decree by a service similar to that prescribed by section 16-546 upon the debtor owing the debts. (b) An attachment may be levied upon money or property of the defendant in the hands of the marshal. It binds the money or property from the time of service, and is a legal excuse to the officer for not paying or delivering the same as he would otherwise be bound to do. § 16-549. Attachment of money or property in hands of executor or administrator An attachment may be levied upon money or property of the defendant in the hands of an executor or administrator, and binds the same from the time of service. If the executor or administrator makes return to the writ that he can not certainly answer whether the defendant's share of the money or property in his hands will prove sufficient to pay the plaintiff's debt, a judgment of condemnation may not be rendered as against the executor or administrator until the passage by the Probate Court of his final or other account showing money or property in his hands to which the defendant is entitled. § 16-550. Preservation of property; sale The court may make all orders necessary for the preservation of the property attached. When the property is perishable, or for other reasons a sale of it appears expedient, the court may order that the property be sold and its proceeds paid into court and held subject to Its order on the final decision of the case. § 16-^51. Defending against the attachment; trial of issues A garnishee or stranger to the action who may make claim to the property attached may file an answer defending against the attachment. The answer may be considered as raising an issue without any reply, and any issue of fact thereby made may be tried with a jury if any party so desires. § 16-552. Interrogatories to garnishee; oral examination (a) In any case in which a writ of attachment is issued, the plaintiff may submit interrogatories in writing, in such form as may be allowed by the rules or special order of the court, to be served upon any garnishee, asking about any property of the defendant in his possession or charge, or indebtedness of his to the defendant at the time of the service of the attachment or between the time of service and the filing of his answers to the interrogatories. The garnishee shall file his answers, verified by a written declaration that the answers are made under the penalties of perjury, to the interrogatories within ten days after service upon him. (b) In addition to the answers to written interrogatories required of him, the garnishee may, on motion, be required to appear in court and be examined orally, under oath, touching any property or credits of the defendant in his hands. (c) Whoever willfully makes and subscribes a return, statement, or other document, pursuant to this section, that contains, or is verified^ by, a written declaration that it is made under the penalties of perjury, and that he does not believe to be true and correct as to every material matter, is subject to the penalties prescribed for perjury.

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§l&-553. Traverse of garnishee's answers; trial of issue; costs and attorney's fee If a garnishee answers to interrogatories that he does not have property or credits of the defendant, or has less than the amount of the plaintiff's judgment, the plaintiff may traverse the answer as to the existence or amount of the property or credits, and the issue thereby made may be tried as provided by section 16-651. In such a case, where judgment is rendered for the garnishee, the plaintiff shall be adjudged to pay to the garnishee, in addition to the taxed costs, a reasonable attorney's fee. If the issue is found for the plaintiff, judgment shall be rendered for him in accordance with the finding. § 16-554. Claims to attached property Any person may file his motion and affidavit in the cause, at any time oefore the final disposition of the property attached or its proceeds, except where it is real property, setting forth a claim thereto or an interest in or lien upon the same. The court, without other pleadings, shall try the issues raised by the claim, with a jury if either party so requests, and may make all orders necessary to protect any rights of the claimant. § 16-555. Condemnation and sale of property; proceeds of sale under interlocutory order Where the attachment has been levied upon specific property, on the return by the marshal, judgment of condemnation of the property may be entered, and as much thereof as may be necessary to satisfy the plaintiff's judgment may be sold under a fieri facias. If the property was sold under interlocutory order of the court, the proceeds, or so much thereof as may be necessary, shall be applied to the plaintiff's claim by order of the court § 16-556. Judgment against garnishee (a) Subject to the provisions of subchapter III of this chapter, if a garnishee has admitted credits in his hands, in answer to interrogatories served upon him, or the credits have been found upon an issue made as provided by this chapter, judgment shall be entered against him for the amount of credits admitted or found, not exceeding the amount of the plaintiff's judgment, and costs, and execution shall be had thereon not to exceed the credits in his hands. When the credits are not immediately due and payable, execution shall be stayed until , they become due. I (D) When the garnishee has failed to answer the interrogatories served on him, or to appear and show cause why a judgment of condemnation should not be entered, judgment shall be entered against him for the whole amount of the plaintiff's judgment and costs, and execution may be had thereon. Subchapter III—Attachment and Garnishment of Wages, Etc. § 16-571. Definition (a) As used in this subchapter, "wages" means: (1) wages, salary, commissions, or other remuneration for services performed by an employee for his employer, including any such remuneration measured partly or wholly by percentages or share of profits, or by other sums based upon work done or results produced, whether or not the employee is given a drawing account; and (2) any drawing account made available to «,n employee by his employer.

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(b) The term "wages" does not include any amount paid or payable to an employee who is not a resident of the District of Columbia as remuneration for services performed within the District of Columbia, if the period for which the employee is engaged by the employer to perform such services within the District of Columbia is less than 15 consecutive days' duration; and any such amount shall be subject to attachment without regard to this subchapter. §16-572. Attachment of wages; percentage limitations; priority of attachments Notwithstanding any other provision of subchapter II of this chapter, where an attachment is levied upon wages due a judgment debtor from an employer-garnishee, the attachment shall become a lien and a continuing levy upon the gross wages due or to become due to the judgment debtor for the amount specified in the attachment to the extent of: (1) 10 per centum of so much of the gross wages as does not exceed $200 due or to become due to the judgment debtor from the employer-garnishee for the pay period or periods ending in any calendar month; plus (2) 20 per centum of so much of the gross wages as exceeds $200 but does not exceed $500 due or to become due to the judgment debtor from the employer-garnishee for the pay period or periods ending in any calendar month; plus (3) 60 per centum of so much of the gross wages as exceeds $500 due or to become due to the judgment debtor from the employer-garnishee for the pay period or periods ending in any calendar month. The levy shall be a continuing levy until the judgment, interest, and costs thereof are fully satisfied and paid, and in no event may moneys be withheld, by the employer-garnishee from the judgment debtor, in amounts greater than those prescribed by this section. Only one attachment upon the wages of a judgment debtor may be satisfied at one time. Where more than one attachment is issued upon the wages of the same judgment debtor and served upon the same employergarnishee, the attachment first delivered to the marshal shall have priority, and all subsequent attachments shall be satisfied in the order of priority set forth in section 16-507. §l&-573. Employer's duty to withhold and make payments; percentage (a) Except as provided in subsection (b) of this section, an employer upon whom an attachment is served, and who: (1) at the time is indebted for wages to an employee who is the judgment debtor named in the attachment; or (2) becomes so indebted to the judgment debtor in the future— shall, while the attachment remains a lien upon such indebtedness, withhold and pay to the judgment creditor, or his legal representative, within 15 days after the close of the last pay period of the judgment debtor ending in each calendar month, that percentage of the gross wages {)ayable to the judgment debtor for the pay period or periods ending in such calendar month to which the judgment creditor is entitled under the terms of this section until the attachment is wholly satisfied. (b) Upon written notice of any court proceeding attacking the attachment or the judgment on which it is based, the employer shall make no further payments to the judgment creditor or his legal representative until receipt of an order of court terminating the proceedings.

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(c) Any payments made by an employer-garnishee in conformity with this section shall be a discharge of the liability of the employer to the judgment debtor to the extent of the payment. (d) Under this section the employer-garnishee shall not withhold or pay over more than 10 per centum of the gross wages payable to the j u d ^ e n t debtor for any pay period ending in any calendar month until the total amount of gross wages paid or payable to the judgment debtor for all pay periods ending in such calendar month equals $200, nor more than 20 per centum of the gross wages in excess of $200 payable to the judgment debtor for any pay period ending in any calendar month until the total amount of gross wages paid or payable to the judgment debtor for all pay periods ending in such calendar month equals $500. § 16-574. Judgment creditor to file receipts, in court, of amount collected (a) The judgment creditor shall: (1) file with the clerk of the court, eyery three months after the serving of an attachment upon an employergarnishee, a receipt showing the amount received and the balance due under the attachment as of the date of filing; (2) file a final receipt with the court and furnish a copy thereof to the employee-garnishee; and (3) obtain a vacation of the attachment within 20 days after the attachment has been satisfied. (b) If the judgment creditor fails to file any of the receipts prescribed by subsection (a) of this section, an interested party may move the court to compel the defaulting judgment creditor to appear in court and make an accounting forthwith. The court may, in its discretion, enter judgment for any damages, including a reasonable attorney's fee suffered by, and tax costs in favor of, the party filing the motion to compel the accounting. § 16-575. Judgment against employer-garnishee for failure to pay percentages If the employer-garnishee fails to pay to the judgment creditor the percentages prescribed in this subchapter of the wages which become payable to the judgment debtor for any pay period, judgment shall be entered against him for an amount equal to the percentages with respect to which the failure occurs. § 16-576. Lapse of attachment upon resignation or dismissal of employee If a judgment debtor r e s i t s or is dismissed from his employment while an attachment upon his wages is wholly or partly unsatisfied, the attachment shall lapse and no further deduction may be made thereon unless the judgment debtor is reinstated or reemployed within 90 days after the resignation or dismissal. § 16-577. Applicability of per centum limitations to judgments for support The per centum limitations prescribed by section 16-572 do not apply in the case of execution upon a judgment, order, or decree of any court of the District of Columbia for the payment of any sum for the support or maintenance of a person's wife, or former wife, or children, and any such execution, j u d ^ e n t, order, or decree shall, in the discretion of the court, have priority over any other execution which is subject to the provisions of this subchapter. I n the case of execution upon such a judgment, order, or decree for the payment of such sum for support or maintenance, the limitation shall be 50 per centum of the ^ross wages due or to become due to any such person for the pay period or periods ending in any calendar month.

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§ 16-578. Court of General Sessions judgments; lapse; validity An attachment issued by the District of Columbia Court of General Sessions upon a judgment of that court duly docketed in the United States District Court for the District of Columbia, and levied within six years from the date of the judgment upon the wages due or to become due to the judgment debtor from the employer-gamishee, shall not lapse or become invalid prior to complete satisfaction solely by reason of the expiration of the period of limitation set forth in section 15-132(a). § 16-579. Payments by employer-garnishee where employee has no salary or salary inadequate for services rendered Where the judgment debtor claims or is proved to be rendering services to or employed by a relative or other person or by a corporation owned or controlled by a relative or other person, without salary or compensation, or at a salary or compensation so inadequate as to satisfy the court that the salary or compensation is merely colorable and designed to defraud or impede the creditors of the debtor, the court may direct the employer-garnishee to make payments on account of the judgment, in installments, based upon a reasonable value of the services rendered by the judgment debtor under his employment or upon the debtor's then earning ability. § 16-580. Quashing attachment where judgment obtained to hinder just claims Where an attachment levied under this subchapter is based upon a judgment obtained by default or consent without a trial upon the merits, the court, upon motion of an interested person, may quash the attachment upon satisfactory proof that the judgment was obtained without just cause and solely for the purpose of preventing or delaying the satisfaction of just claims. § 16-581. Rules of procedure The judges of the District of Columbia Court of General Sessions and of the United States District Court for the District of Columbia shall establish such rules of procedure for their respective courts as may be necessary to effectuate the purposes of this subchapter. § 16-582. Attachments to which this subchapter is applicable This subchapter applies only with respect to attachments upon wages, as defined by section 16-571, issued on or after 60 days from August 4, 1959. CHAPTER 7—CRIMINAL PROCEEDINGS IN THE COURT OF GENERAL SESSIONS Sec. 16-701. 16-702. 16-703. 16-704. 16-705. 16-706. 16-707. 16-708. 16-709. 16-710.

Rules and regulations. Information, prosecution by. Process of criminal division; fees. Bail; collateral security. Jury trial; trial by court. Enforcement of judgments; commitment upon non-payment of fine. Disposition of fines. Penalties for wrongful conversion of forfeitures and fines. Executions on forfeited recognizances and judgments. Suspension of imposition or execution of sentence.

§ 16-701. Rules and regulations The District of the Columbia Court of General Sessions may make rules and regulations deemed necessary and proper for conducting business in the criminal division of the court.

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§ 16-702. Inf ormation, prosecution by Prosecutions in the criminal division of the District of Columbia Court of General Sessions shall be by information by the proper prosecuting officer. §16-703. Process of criminal division; fees (a) The criminal division of the District of Columbia Court of General Sessions may issue process for the arrest of persons against whom an information is filed or complaint under oath is made. (b) Process shall: (1) be under the seal of the court; (2) bear teste in the name of a judge of the court; and (3) be signed by the clerk. (c) In cases arising out of violations of any of the ordinances or laws of the District, 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) In criminal cases cognizable in the United States District Court for the District of Columbia the process issued by the Court of General Sessions shall be directed to the United States marshal, except . in cases of emergency, when it may be directed 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). § 16-704. Bail; collateral security (a) A person charged with an offense triable in the criminal division of the Court of General Sessions may give security for his appearance for trial or for further hearing, either by giving bond to the satisfaction of the court or by depositing money as collateral security with the appropriate officer at the court or the station keeper of the police precinct within which he is apprehended. When a sum of money is deposited as collateral security as provided by this section it shall remain, in contemplation of law, the property of the persoii depositing it until duly forfeited by the court. When forfeited, it shall be, in contemplation of law, the property of the United States of America or of the District of Columbia, according as the charge against the person depositing it is instituted on behalf of the United States or of the District. Every person receiving any sum of money deposited as provided by this section shall be deemed in law the agent of the person depositing it or of the United States or the District, as the case may be, for all purposes of properly preserving and accounting for money. (b) This section does not affect the ultimate rights under existing law of the Washington Humane Society of the District of Columbia, in or to any forfeitures collected in the criminal division of the Court of General Sessions. § 16-705. Jury trial; trial by court (a) In a criminal prosecution within the jurisdiction of the Court of General Sessions in which, according to the Constitution of the United States, the accused would be entitled to a jury trial, the trial shall be by jury, unless the accused in open court expressly waives trial by jury and requests to be tried by the judge. In the latter case, the trial shall be by the judge, and the judgment and sentence shall have the same force and effect in all respects as if they had been entered and pronounced upon the verdict of a jury. (b)^ In any case where the accused would not by force of the Constitution of the United States be entitled to a trial by jury, the trial shall be by the court without a jury, unless it is a case wherein the fine or penalty may be more than $300, or imprisonment as punishment

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for the offense may be more than ninety days and the accused demands a trial by jury. In the latter case the trial shall be by jury. (c) The jury for service in the criminal division of the court 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. §16-706. Enforcement of judgments; commitment upon nonpayment of fine The Court of General Sessions may enforce any of its judgments rendered in criminal cases by fine or unprisonment, or both. Except as otherwise provided by law, in any case where the criminal division of the court miposes a fine, the court may, in default of the payment of the fine imposed, commit the defendant for such a term as uie court deems right and proper, not to exceed one year. §16-707. Disposition of fines (a) All fines payable and paid under judgment of the criminal division of the Court of General Sessions shall, upon their payment, immediately become, in contemplation of law, the property of the United States or the District of Columbia, according to the charge upon which the fine may be adjudged. Every person receiving such a fine shall be deemed in law an agent of the United States or the District, as the case may be. (b) This section does not affect the ultimate rights under existing law of the Washinfrton Humane Society of the District of Columbia, in or to any fines paid in the criminal division of the Court of General Sessions. §16-708. Penalties for wrongful conversion of forfeitures and fines Whoever, being an agent as contemplated and defined by section 16^ 704(a), or by section 16-707(a), wrongfully converts to his own use any money received by him as provided therein, is guilty of embezzlement, and shall be fined not more than $6,000 or imprisoned not more than five years, or both. § 16-709. Executions on forfeited recognizances and judgments The Court of General Sessions may issue execution on all recognizances forfeited in its criminal division, upon motion of the prosecuting officer; and all writs of fieri facias or other writs of execution on judgments issued by the criminal division shall be directed to and executed by the United States marshal. § 16-710. Suspension of imposition or execution of sentence In criminal cases in the District of Columbia Court of General Sessions, the court may, upon conviction, suspend the imposition of sentence or impose sentence and suspend the execution thereof, for such time and upon such terms as it deems best, if it appears to the satisfaction of the court that the ends of justice and the best interests of the public and of the defendant would be served thereby. In each case of the imposition of sentence and the suspension of the execution thereof, the court may place the defendant on probation under the control and supervision of a probation officer. The probationer shall be provided by the clerk of the court with a written statement of the terms and conditions of his probation at the time when he is placed thereon. He shall observe the rules prescribed for his conduct by the court and report to the probation officer as directed. A person may not be put on probation without his consent.

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CHAPTER 9—DIVORCE, ANNULMENT, SEPARATION, SUPPORT, ETC. Sec.

16-901. 16-902. 16-903. 16-904. 16-905. 16-906. 16-907. 16-908. 16-009. 16-910. 16-911. 16-912. 16-913. 16-914. 16-915. 16-916. 16-917. 16-918. 16-919. 1&-020. 36-921. 16-922.

31 Stat. 1391; 50 Stat. 626.

Definition. Residence requirements. Decree annulling marriage. Grounds for divorce, legal separation and annulment. Revocation of decree of divorce from bed and board. Causes for absolute divorce arising after decree for separation. Legitimacy of issue of annulled marriage contracted while another in force. Legitimacy of issue of annulled marriage with lunatic. Legitimacy of issae of divorced marriage. Dissolution of property rights; jurisdiction of court. Alimony pendente lite; suit money; enforcement; custody of children. Permanent alimony; enforcement; retention of dower. Alimony when divorce is granted on husband's application. Retention of jurisdiction as to alimony and custody of children. Restoration of wife's maiden or other previous name. Maintenance of wife and minor children; enforcement. Co-respondents as defendants; service of process. Assignment of counsel in uncontested cases; compensation. Proof required on default or admission of defendant. Effective date of final decree; contents. Validity of marriage, action to determine. Validity of marriages and divorces solemnized or pronounced before January 1, 1902.

§ 16-901. DeiQnition As used in this chapter, "court" means the Domestic Relations Branch of the District of Columbia Court of General Sessions. § 16-902. Residence requirements A decree of nullity of marriage or divorce may not be rendered in favor of anyone who has not been a bona fide resident of the District of Columbia for at least one year next before the application therefor, and a divorce may not be decreed in favor of any person who has not been a bona fide resident of the District for at least two years next before the application therefor for any cause that has occurred out of the District and prior to residence therein. § 16-903. Decree annulling marriage A decree annulling the marriage as illegal and void may be rendered on any of the grounds specified by sections 30-101 and 30-103 as invalidating a marriage. § 16-904. Grounds for divorce, legal separation and annulment (a) A divorce from the bond of marriage or a legal separation from bed and board may be granted for: (1) adultery; (2) desertion for two years; (3) voluntary separation from bed and board for five consecutive years without cohabitation; or (4) final conviction of a felony involving moral turpitude and sentence for not less than two years to a penal institution that is served in whole or part. A legal separation from bed and board may also be granted for cruelty; and where a final decree of divorce from bed and board is or has been granted and the separation of the parties continues or has continued for two years after or since date of decree, the decree may be enlarged into a decree of absolute divorce from the bond of marriage upon application of the innocent spouse. (b) Marriage contracts may be declared void where: (1) the marriage was contracted while either of the parties thereto had a former wife or husband living, unless the former marriage had been lawfully dissolved;

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(2) the marriage was contracted during the lunacy of either party, unless there has been voluntary cohabitation after the lunacy, or was procured by fraud or coercion; (3) either party was matrimonially incapacitated at the time of marriage and the incapacity has continued; or (4) eitherparty had not arrived at the age of legal consent to the contract of marriage, unless there has been voluntary cohabitation after coming to legal age, but only on the action of the party not capable of consenting. § 16-905. Revocation of decree of divorce from bed and board The court may revoke its decree of divorce from bed and board at any time, upon the joint application of the parties to be discharged from the operation of the decree. §16-906. Causes for absolute divorce arising after decree for

separation Where a divorce from bed and board has been decreed the court may afterwards decree an absolute divorce between the parties for any cause arising since the first decree and sufficient to entitle the complaining party to the second decree. § 16-907. Legitimacy of issue of annulled' m a r r i a g e contracted while another in force If any marriage is declared by decree to be void because either party has a former wife or husband living, and it appears that the marriage was contracted in good faith by the other part^ and in ignorance of the obstacle to the marriage, the court shall so find and declare in its decree, and the issue of the marriage shall be deemed to be the legitimate issue of the parent who was capable of contracting. § 16-908. Legitimacy of issue of annulled marriage with lunatic If a marriage is declared null and void because of the idiocy or lunacy of either party at the time of the marriage the issue of the marriage shall be deemed legitimate. § 16-909. Legitimacy of issue of divorced marriage A divorce for a cause provided for by this chapter does not affect the legitimacy of the issue of the marriage dissolved by the divorce, but the legitimacy of the issue, if questioned, shall be tried and determined according to the course of the common law. § 16-910. Dissolution of property rights; jurisdiction of court Upon the entry of a final decree of annulment or absolute divorce, in the absence o i a valid antenuptial or postnuptial Hgreeiuent in relation thereto, all property rights of the parties in joint tenancy or tenancy by the entirety shall stand dissolved and, in the same proceeding in which the decree is entered, the court may award the property to the one lawfully entitled thereto or apportion it in such manner as seems equitable, just, and reasonable. § 16-911. Alimony pendente lite; suit money; enforcement; custody of children During the pendency of an action for divorce, or an action by the husband to declare the marriage null and void, where the nullity is denied by the wife, the court may: (1) require the husband to pay alimony to the wife for the maintenance of herself and their minor children committed to her care, and suit money, including counsel fees, to enable her to conduct her case, whether she is the plaintiff or the defendant, and enforce any order relating thereto by attachment and imprisonment for disobedience; 93-025 0-64-38

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(2) enjoin any disposition of the husband's property to avoid the collection of the allowances so required; (3) if the husband fails or refuses to pay the alimony or suit money, sequestrate his property and apply the income thereof to such objects; and (4) determine who shall have the care and custody of infant children pending the proceedings. § 16-912. Permanent alimony; enforcement; retention of dower When a divorce is granted to the wife, the court may decree her permanent alimony sufficient for her support and that of any minor children whom the court assigns to her care, and secure and enforce the payment of the alimony in the manner prescribed by section 16-911, and may, if it seems appropriate, retain to the wife her right of dower in the husband's estate; and the court may, in similar circumstances, retain to the husband his right of dower in the wife's estate. §16-913. Alimony virhen divorce is granted on husband's application When a divorce is granted on the application of the hust>and, the court may require him to pay alimony to the wife, if it seems just and proper. § 1&-914. Retention of jurisdiction as to alimony and custody of children After the issuance of a decree of divorce granting alimony and providing for the care and custody of children, the case shall still be considered open for any future orders relating to those matters. § 16-915. Restoration of wife's maiden or other previous name In granting a divorce from the bond of marriage, the court may restore to the wife her maiden or other previous name. § 16-916. Maintenance of wife and minor children; enforcement When a husband fails or refuses to maintain his wife and minor children, if any, although able so to do, the court, on application of the wife, pendente lite and permanently, may decree that he shall pay her, periodically, such sums as would be allowed to her as pendente lite or permanent alimony in case of divorce for the maintenance of herself and the minor children, if any, committed to her care by the court. The court may enforce the payment thereof in the same manner as directed in regard to the payment of permanent alimony. § 16-917. Co-respondents as defendants; service of process In a divorce case where adultery is charged, the person or persons with whom the adultery is charged to have been committed shall be made defendant or defendants and brought in by personal service of process or by publication as in other cases. §16-918. Assignment of counsel in uncontested cases; compensation In 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 assigned by the court to enter his appearance for the defendant and actively defend the cause. The attorney shall receive such compensation for his services as the court determines to be proper, which shall be paid by the parties as the court directs. § 16-919. Proof required on default or admission of defendant A decree for a divorce, or a decree annulling a marriage, may not be rendered on default, without proof; and an admission contained in the answer of the defendant may not be taken as proof of the facts

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charged as the ground of the application, but shall be proved by other evidence in all cases. § 16-920. Effective date of final decree; contents A final decree annulling or dissolving a marriage is not effective to annul or dissolve the marriage until the expiration of the time allowed for taking an appeal, and until the final disposition of any appeal taken, and every final decree shall expressly so recite. Every decree for absolute divorce shall contain the date thereof and may not be absolute and take effect until the expiration of six months after its date. § 16-921. Validity of marriage, action to determine When the validity of an alleged marriage is denied by either of the parties thereto the other party may institute an action for affirming the marriage, and upon due proof of the validity thereof the court shall decree it to be valid. The decree shall be conclusive upon all parties concerned. § 16-922. Validity of marriages and divorces solemnized or pronounced before January 1, 1902 This chapter does not invalidate any marriage solemnized according to law before January 1, 1902, or any decree or judgment of divorce pronounced before that date.

CHAPTER 11—EJECTMENT AND OTHER REAL PROPERTY ACTIONS Sec.

16-1101. 16-1102. 16-1103. 16-1104. 16-1105. 16-1106. 16-1107. 16-1108. 16-1109. 16-1110. 16-1111. 16-1112. 16-1113. 16-1114. 16-1115. 16-1116. 16-1117. 16-1118. 16-1119. 16-1120. 16-1121. 16-1122. 16-1123. 16-1124.

SUBCHAPTER I—EJECTMENT Parties defendant; Joint tenants and tenants in common. Failure of tenant to give notice to landlord. Contents of complaint; adverse possession. Proof necessary. Legal title in mortgagee or trustee; possession. Performance of contract by vendee as precluding vejidor from recovery. Several judgments against defendants occupying distinct parcels. Recovery of less than is claimed. Recovery of mesne profits and damages; separate count Recovery, by landlord) of furniture, arrears in rent, and damages; separate counts. Separate action for rent or damages. Expiration of title pending suit; damages. Defense of adverse possession; enclosure. Verdict; Judgment; costs; future actions. Conclusiveness of final Judgment. Improvements; notice; good faith; directions to Jury; measure of damages. New trial as to assessment. Judgment for damages in excess of Improvements. Judgment when Improvements and damages are equal. Election of plaintiff if value of improvements exceeds damages. Judgment and writ of possession after payment for improvements. Judgment and writ of possession after tender of deed and defendant's refusal to pay. Judgment for defendant after plaintiff's refusal to pay excess or tender deed. Ejectment for non-payment of rent; time limitation on relief from Judgment; set-off; dismissal upon payment.

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SUBCHAPTER II—PROCEEDINGS TO DISCOVER THE DEATH OP A TENANT rOR LIFE Sec. 1<^1151. Petition by person entitled to claim; form and contents. 1(^1152. Order to produce life tenant; service of order. 16-1153. Failure to produce as ordered; subsequent proceedinfi^s; commissioners; presumption of death; right of possession. 16-1154. Investigation outside the District; report to court; presumption of death; right to possession. 16-1155. Restoration of property to life tenant 16-1156. Becovery of profits by person evicted. 16-1157. Preservation of life tenant's rights if living at time of return. 16-1158. Persons holding over after life estate; damages.

Subchapter I—Ejectment §16-1101. Parties defendant; joint tenants and tenants in common (a) A civil action based upon a cause of action in ejectment, may be brought against: (1) the person actually occupying the premises claimed, either in person or by tenant; or (2) both the claimant and his tenant, or other occupant claiming under him; or (3) if the premises are not actually occupied, a person exercising acts of ownership thereon adversely to the plaintiff. When a lessee is made a defendant at the suit of a party claiming against the title of the lessee's landlord, the landlord may appear and be made a party defendant in the place of his lessee. Any person claiming to be in possession may, on motion, be admitted to defend the action. (b) Joint tenants shall sue jointly in ejectment, but tenants in common may sue either jointly or separately, and any number of tenants in common, less than the whole number entitled, may sue jointly in reference to their undivided interests. § 16-1102. Failure of tenant to give notice to landlord If a tenant, on whom a complaint in ejectment is served, fails to give notice thereof, without delay, to his landlord or the agent of the landlord, he shall forfeit and pay to the landlord the value of three years' full rent of the premises, to be recovered by a civil action. § 16-1103. Contents of complaint; adverse possession In his complaint in ejectment, the plaintiff shall: (1) describe the premises claimed with reasonable certainty; and (2) set forth distinctly the nature and quantity of the estate claimed by him in the premises. It is sufficient for the plaintiff to state, in addition, that: (1) he was possessed of the premises, and while he was so possessed the defendant entered wrongfully into possession thereof, and withholds the possession of the premises from the plaintiff, or wrongfully detains possession; or (2) the defendant is wrongfully exercising acts of ownership over the premises. However, except as provided by this chapter, acts of ownership do not amount to an adversary possession, so as to make it necessary for the plaintiff to sue in order to avoid the bar of the statute of limitations.

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§16-1104. Proof necessary (a) Except as provided by subsection (b) of this section, in an action of ejectment it is sufficient to entitle the plaintiff to relief to show that he is entitled, as against the defendant, to the immediate possession of the premises claimed, and that the defendant is: (1) in possession of the premises, and is holding adversely to the plaintiff; or (2) exercising acts of ownership over the premises, adversely to the plaintiff. (b) In an action pursuant to this chapter by one or more joint tenants or tenants in common against their cotenants, the plaintiffs shall be required to prove an actual ouster or some other act amounting to a denial of the plaintiff's title and his exclusion from the enjoyment of the property. § 16-1105. Legal title in mortgagee or trustee; possession I t is not a bar to the plaintiff's recovery in an action of ejectment that the legal title to the property claimed is outstanding in another as mortgagee or trustee under a mortgage or deed of trust to secure a debt, unless the mortgagee or trustee, or those claiming under him, has taken possession of the premises, or unless the defendant claims under the mortgagor or grantor in the deed of trust. §16-1106. Performance of contract by vendee as precluding vendor from recovery Where real property has been sold under a written contract executed by the vendor, and there has been such a performance of its terms by the vendee as would entitle him to a decree for a conveyance of the legal title, without condition, the vendor may not recover the property from the vendee. § 16-1107. Several judgments against defendants occupying distinct parcels When it appears on the trial in an action of ejectment that some of the defendants occupy distinct parcels of the property claimed, in severalty, the plaintiff, if entitled to recover, may in the discretion of the court, have several judgments against the respective parties, according to the proof of occupancy. § 16-1108. Recovery of less than is claimed The plaintiff, under a claim to certain described premises, may recover less than the whole property claimed, and, under a claim to an entire property, may recover an undivided part thereof. § 16-1109. Recovery of mesne profits and damages; separate count (a) The plaintiff may embody in his complaint, in a separate count, a claim for the: (1) mesne profits received by the defendant from the property sued for; or (2) clear value of the use and occupation of the property sued for— extending to the time of the verdict, and also damages for waste or injury to the premises during that period. (b) If the ]ury find for the plaintiff, they may, at the same time, find and assess the mesne profits, or the value of the use and occupation and the amount of damages, specified by subsection («,) of this section. Except in the case provided for by section 16-1116, there shall be rendered, besides a judgment for the recovery of the property, a judgment against the defendant for the amount so found by the jury.

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§ 16-1110. Recovery, by landlord, of furniture, arrears in rent, and damages; separate counts (a) In an action in ejectment against his tenant, a landlord may embody in his complaint, in separate counts, claims for: (1) furniture, if leased with the realty; (2) arrears of rent due at the termination of the tenancy; (3) double rent in cases authorized by this Code from the termmation of the tenancy to the verdict for possession; and (4) damages for waste or injury to the premises or furniture durinf^ the defendant's occupancy of the premises and before commencement of the action. (b) If the jury find for the landlord, they may, at the same time, find the amounts due for arrears of rent and for double rent and for damages, as provided by subsection (a) of this section, and judgment ah&\\ be rendered accordingly. § 16-1111. Separate action for rent or damages The plaintiff in ejectment is not required to join his claim for rent or damages with his claim foi* the recovery of the land and his omission to do so does not prevent him from bringing his action for Tent or damages separately. ^ § 16-1112. Expiration of title pending suit; damages If the title of the plaintiff in ejectment expires after the commencement of his action but before the trial, and but for the expiration he would have been entitled to recover, the verdict shall find the factS5 and the plaintiff may recover his damages sustained by the wrongful withholding of the possession. § 16-lli3. Defense of adverse possession; enclosure In an action to recover vacant and unimproved lots of ground it is not necessary, in order to maintain the defense of adversary possession, to show that the premises in controversy had been enclosed; but if it appears that the property had been assessed for taxation to the defendant, or those under whom he claims, and that he or they had regularly paid the taxes on the property and were the only persons who had exercised control over the property for a period of fifteen years before the bringing of the action, the facts shall be the equivalent of possession by actual enclosure. §16-1114. Verdict; judgment; costs; future actions (a) In an action of ejectment, if the plaintiff's title is established by proof, the verdict of the jury shall be generally for the plaintiff as to the whole or part of the property or interest claimed in the complaint, as the case may be. If the plaintiff fails to make satisfactory proof of title, the verdict shall be for the defendant as to the whole or part of the property, as the case may be. The verdict may be for the plaintiff as to part and for the defendant as to other part thereof. Except as provided by this chapter, judgment shall be rendered according to the verdict. (b) When it appears on the trial that the defendant did not wrongfully enter into possession of the property sued for, or exercise acts of ownership over the same adversely to the plaintiff, the verdict of the jury shall be that the defendant is not guilty. Thereupon, judgment shall be rendered in favor of the defendant against the plaintiff for the costs of the action, but the judgment is not a bar to a future action by the plaintiff against the defendant for the recovery of the property.

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§ 16-1115. Conclusiveness of final judgment A final judgment rendered in an action of ejectment is conclusive as to the title thereby established as between the parties to the action and all persons claiming under tlieni since the conimencenient of the action. §16-1116. Improvements; notice; good faith; directions to jury; measure of d a m a g e s I n an action of ejectment, at any time before the trial, the defendant may give notice that if the verdict of the juiy is in favor of the plaintiff's title the defendant will claim the benefit of permanent improvements that may have been placed on the property by the defendant or those under whom he claims, and offer evidence at the trial tending to show that he or those under whom he claims had peaceably entered into possession of the premises in coiitroversy under a title which he or they had reason to believe and did believe to be good, and had erected valuable and permanent improvements on the property, which were begun in good faith before the commencement of the action. The court shall then direct the jury, in case they find in favor of the plaintiff's title and also find that the permanent improvements were made by the defendant, or those under whom he claims, under the circumstances described in this section, to assess the: (1) damages of the plaintiff, being the clear value over and above taxes and necessary expenses of the use and occupation of the property, exclusive of the improvements, during the whole period of the occupation of the property to the date of the verdict, and any damage done to the property, by waste or otherwise, by the parties during the occupation; (2) present value of any permanent improvements that may have been placed on the premises by the defendant or those under whom he claims; (3) present value of the property of the plaintiff without and exclusive of the improvements. § 1&-1117. New t r i a l as to assessment Either party who feels a g ^ i e v e d by the assessment provided for by section 1&-1116, may, withm four days after the verdict, move to set the assessment aside, and the court may, for good cause shown, set the verdict aside and order another jury to be empaneled in the cause to make a new assessment. § 16-1118. Judgment for damages in excess of improvements When the damages of the plaintiff, assessed as provided by section 16-1116, exceed the value of the permanent improvements as ascertained by the jury, the plaintiff snail be entitled to a judgment for the excess in like manner as directed by section 16-1109. § 16-1119. Judgment when improvements and damages are equal When the value of the improvements, ascertained as provided by this chapter, equal but do not exceed the plaintiff's damages, as found by the jury, the plaintiff shall be entitled to judgment only for the recovery of the property sued for and costs. § 16-1120. Election of plaintiff if value of improvements exceeds damages If the value of the improvements referred to in this chapter is fotmd by the jury to exceed the damages of the plaintiff, the plaintiff may elect either to pay to the defendant the amount of the excess or to demand of the defendant the value of the plaintiff's property, without the improvements, as fixed by the jury, and tender to the defendant a deed for the property, with all the plaintiff's right, title, and interest therein.

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§ 16-1121. J u d g m e n t and writ of possession after payment for improvements When the plaintiff pays to the defendant, within the time fixed therefor by the court, or, in case of the defendant's refusal to accept the payment, pays into court for the defendant's iise the amount of the excess of the value of the improvements over the damages of the plaintiff, the plaintiff shall be entitled forthwith to a judgment and writ of possession. § 16-1122. Judgment and writ of possession after tender of deed and defendant's refusal to pay If the plaintiff tenders to the defendant a deed as provided by section 1^1120 and demands the value of his property without the improvements, as found by the jury, and the defendant fails or refuses to pay the value within the time fixed therefor by the court, the plaintiff shall, in like manner, be entitled to a judgment and writ of possession; and if the plaintiff is a minor, the court may authorize the deed to be executed by his guardian. § 16-1123. Judgment for defendant after plaintiff's refusal to pay excess or tender deed If the plaintiff fails or refuses either to pay the defendant the excess of the value of the improvements over the amount of the plaintiff's damages, or, as provided by the chapter, to tender a deed to the defendant and accept from him the value of the plaintiff's property, exclusive of the improvements, the defendant may pay the value into court for the use of the plaintiff. Thereupon, the defendant shall be entitled to a judgment in his favor, but without costs, which judgment shall be a bar to any future action by the plaintiff against the defendant to recover the property for cause theretofore existing. § 16-1124. Ejectment for non-payment of r e n t; time limitation on relief from judgment; set-off; dismissal upon payment (a) I n a case between landlord and tenant, where one-half year's rent or more is in arrear and unpaid, and the landlord or lessor to whom the rent is due has the right by law, in default of a sufficiency of goods and chattels whereon to distrain for the satisfaction of the rent due, to re-enter for non-payment of the rent, he may, without any formal demand or re-entry, commence a civil action in ejectment for the recovery of the demised premises. (b) When a judgment is given for the plaintiff in an action pursuant to this section, and execution is had on the judgment, before the rent in arrear and costs of suit are paid, the lease of the property shall cease and be determined, unless the judgment is reversed on appeal or certiorari or, within six months after execution on the judgment, the defendant or a person who has succeeded to his interest, or a mortgagee of the lease or of any part thereof who was not in possession when final judgment was rendered, applies to the court for an order . granting equitable relief from the judgment, which is subsequently granted. (c) When possession of the property recovered has been delivered to the plaintiff under execution issued upon a judgment in an action pursuant to this section, and, in connection with the application for equitable relief from the judgment, the defendant or other person referred to in subsection (b) of this section, has, prior to or at the time of his application, paid or tendered to the plaintiff or his legal representative or successor in interest, or paid into court for the use of the person entitled thereto, the amount of rent in arrear, as stated in the judgment and costs of suit and all damages sustained by the plaintiff, the order

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for restoration of possession of the property to the person who made the payment shall provide for setting off the sum that the plaintiff has made, or that he might, without fraud, deceit, or willful neglect, have made, of the property, during his possession, against the rent accruing after the judgment was rendered, and for reimbursement to the applicant of the balance, if any, of the sum paid into court by him, after making the set-off prescribed by this subsection. (d) At any time before the trial of an action pursuant to this section, the defendant may pay or tender to the plaintiff, or pay into court, the amount of all the rent then in arrear, and costs of suit. Thereupon, the action shall be dismissed. Subchapter II—Proceedings To Discover the Death of a Tenant for Life §16-1151. Petition by person entitled to claim; form and contents (a) A person entitled to claim real property, after the death of another person who has a prior estate therein^ may, not oftener than once a year, petition the court for an order directing the production of the tenant for life, as prescribed by this subchapter, by a person, named in the petition, against whom a civil action in ejectment to recover the real property can be maintained if the tenant for life is dead, or, if there is no such person, by the guardian, trustee, or other person who has, or is entitled to, the custody of the person of the tenant for life, or the care of his estate. (b) A petition prescribed by subsection (a) of this section shall be verified by the affidavit of the petitioner, and shall contain an averment that the petitioner has cause to believe that the person, upon whose life the prior estate depends, is dead, and that his or her death is being concealed by the person named in the petition. § 16-1152. Order to produce life tenant; service of order Upon the presentation of the petition and affidavit prescribed by section 16-1161, the court shall issue an order to the person named in the petition to produce and show to the persons named in the order by the petitioner, not exceeding two in number, at such time and place as the court directs, the person upon whose life the prior estate depends. A certified copy of the order shall be served upon the person required to produce the tenant for life in the manner provided by applicable rules of court. § 16-1153. Failure to produce as ordered; subsequent proceedings; commissioners; presumption of death; right of possession (a) If a person upon whom an order, as prescribed by section 16-1152, is served, refuses or neglects to produce the pjerson upon whose life the prior estate depends in the manner provided by the order, the court shall order him to produce the person in coiut or before commissioners appointed by the court, at such time and place as the court directs. Two of the commissioners shall be nominated by the petitioner, and they shall serve at his expense. A certified copy of the order shall be served upon the person required to produce the tenant for life in the maimer provided by applicable rules of court. The commissioners appointed shall make and file with the court a return showing the results of their investigation and their conclusions. (b) If the person upon whom the second order prescribed by subsection (a) of this section is served refuses or neglects to produce, in court, or before the commissioners, as the case may be, the person

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upon whose life the prior estate depends, it shall be presumed that the latter person is dead, and the court shall issue an order permitting the petitioner to take possession of the property, as if that person were actually dead. §16-1154. Investigation outside the District; report to court; presumption of death; right to possession If before, or at the time of, the presentation of the commissioners' return provided for by section 16-1153, or, where commissioners are not appointed, at any time before a final order is made, the party upon whom the first or second order is served presents to the court presumptive proof, by affidavit, that the person, whose death was in question, is, or lately was, at a place certain, without the District of Columbia, the petitioner, at his own expense, may send one or both of the persons named in the first order to view him. If the person concealing or suspected of concealing the person upon whose life the prior estate depends, or the fact of his death, refuses or neglects to produce him or to procure him to be produced to the personal view of the persons sent for that purpose, the persons sent to view him shall make a true return of the refusal or neglect to the court, and the return shall be filed in the court. Thereupon, it shall be pi-esumed that the tenant for life is dead, and the court shall issue an order permitting the petitioner to take possession of the real property, as if that person were actually dead. § 16-1155. Restoration of property to life tenant The possession of real property that has been awarded to a petitioner pursuant to this subchapter, upon the presumption of the death of the person upon whose life the prior estate depends, shall be restored, by an order of the court, to the person evicted, or to his heirs, or legal representatives, upon the petition of the latter, and proof, to the satisfaction of the court, that the person presumed to be dead is living. The proceedings upon such a petition are the same as those prescribed by this subchapter to be followed upon the petition of the person to whom possession is awarded. § 16-1156. Recovery of profits by person evicted A person evicted, as prescribed by this subchapter, may, when the presumption upon which he is evicted is erroneous, maintain a civil action against the person who has occupied the property, or his executor or administrator, to recover the full profits of the property during the occupation, while the person, upon whose life the prior estate depends, is or was living. § 16-1157. Preservation of life tenants' rights if living at time of return When a guardian, trustee, or other person holding an estate or interest determinable upon the life of another person, shows by affidavit or otherwise, to the satisfaction of the court, that: (1) he has used his utmost efforts to procure the tenant for life to appear in the court or elsewhere, according to the order of the court; (2) he can not procure or compel him so to appear; and (3) the tenant for life is or was living at the time of the return made and filed, as prescribed by this subchapter— he may continue in the possession oi the estate, and receive the rents and profits for and during the infancy of the infant, or for and during the life of au}^ other person on whose life the estate or interest depends.

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§ 16-1158. Persons holding over after life estate; damages A guardian or trustee for an infant, or other person having an estate determinable upon life or lives, who, after the determination of the particular estate or interest, without the express consent of the person or persons who is or are next and immediately entitled thereto, holds over and continues in possession of the real property, is a trespasser. Any person entitled to the real property upon or after the determination of the particular estate or interest, or his executor or administrator, may recover in damages against the person so holding over, or his executor or administrator, the full value of the profits received during the wrongful possession.

CHAPTER 13—EMINENT DOMAIN SUBCHAPTER I—GENERAL PROVISIONS

See. 16-1801. Jurisdiction of District Court. 16-1302. Assignment of Judge for condemnation cases.

SUBCHAPTER II—REAL PROPERTY FOR DISTRICT OF COLUMBIA 16-1311. 16-1312. 1&-1313. 16-1314. 16-1316. 16-1316. 16-1317. 16-1318. 16-1319. 16-1320. 16-1321.

Condemnation proceedings by Board of Commissioners. Jury; special list; qualifications; procedure for drawing. Selection of jury; oath of jurors. Declaration of taking; contents; deposit; transfer of title; determination; interest. Distribution of money deposited on declaration of taking; judgment for deficiency or overpayment; execution. Time for surrender of possession under declaration of taking; adjustment of duirges. Objection to jurors; appraisement. Objection or exceptions to appraisement; new jury. Payment of award; transfer of title. Fixing time for return of verdict Abandonment of proceedings; liability.

SUBCHAPTER III—EXCESS PROPERTY FOR DEVELOPMENT OF SEAT OF GOVERNMENT Sec.

16-1331. Acquisition of property in excess of needs. 16-1332. Sale of excess property; restrictions on use; fair market value; disposi* tion of moneys. 16-1833. Notice of sale of excess property. 16-1334. Retention, for public use, of excess property. 16-1335. Availability of appropriations for purchase of excess projierty. 16-1336. Condemnation, of excess real property by Board of Commissioners; payment of awards, damages, and costs; no assessments for benefits. 16-1337. Condemnation of excess real property by United States agencies; payment of awards, damages, and costs. 16-1338. Construction of subchapter.

SUBCHAPTER IV—REAL PROPERTY FOR UNITED STATES 16-1351. Deflnilion. 16-1352. Condemnation proceedings by Attorney General. 16-1353. Declaration of taking; contents; deposit; transfer of title; determination; interest. 16-1354. Distribution of money deposited on declaration of taking; judgment for deficiency. 16-1355. Time for surrender of possession under declaration of taking; adjustment of charges. 16-1356. Setting date of trial. 16-1357. Drawing of jurors, and selection of jury; qualifications. 16-1358. Oath of jurors. 1&-1359. Inspection of property by jury; inresence of parties. 16-1360. Trial; evidence; measure of compensation. 16-1361. Verdict 16-1362. Fixing date for new trial; new Jurors. 16-1363. Judgment 16-1364. Force and effect of judgment; payment 16-1365. Appeal; deficiency judgment 16-1366. Payment of compensation into court; vesting of titte. 16-1367. Delivery of possession. 16-1368. Additional powers of court

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Subchapter I—General Provisions § 16-1301. Jurisdiction of District Court The United States District Court for the District of Coliiinbia has jurisdiction of all proceedings for the condemnation of real property authorized by this chapter, with full power to hear and determine all issues of law and fact that may arise in the proceedings. § 16-1302. Assignment of judge for condemnation cases The chief judge of the United States District Court for the District of Columbia shall assign from time to time, and for such periods as he determines, one of the judges of the court to hear cases involving the condemnation of real property in the District of Columbia. I n case of the disability of the judge so assigned, or for any other reason, the chief judge may assign any judge of the Court for service in condemnation cases. Subchapter II—Real Property for District of Columbia § 16-1311. Condemnation proceedings by Board of Commissioners When real property in the District of Columbia is needed by the Board of Commissioners of the District for sites of schoolhouses, fire or police stations, or for a right of way for sewers, or for any other municipal use authorized by Congress, and it can not be acquired by purchase from the owners thereof at a price satisfactory to the officers of the District authorized to negotiate for the property, a complaint may be filed in the United States District Court for the District of Columbia in the name of the Board for the condemnation of the property or right of way and the ascertainment of its value. §16-1312. Jury; special list; qualifications; procedure for drawing (a) For the purposes of this subchapter, the jury commission shall: (1) prepare a special list of persons who have the qualifications of jurors, as prescribed by section 11-2301, and who, in addition, are owners of real property in the District; (2) from time to time, as may be necessary, write the names contained in the special list on separate and similar pieces of paper, which shall be so folded or rolled that the names can not be seen, and place them in a special box to be provided for the purpose: (3) thereupon, seal and lock the special box, and, after thoroughly shaking the box, deliver it to the clerk of the United States District Court for the District of Columbia for safekeeping. The box may not be unsealed or opened except by the jury commission. (b) From time to time, as ordered by the court, the jury commission shall publicly break the seal of the box provided for by subsection (a) of this section, and proceed to draw therefrom by lot, without previous examination, the names of such number of persons as the court directs, to serve in condemnation proceedings brought pursuant to section 16-1311, and certify the names so drawn to the clerk of the court. A t the time of each drawing, there shall be in the box the names of not less than one hundred persons possessing the qualifications prescribed by subsection (a) of this section. (c) Except as provided by this section, chapter 23 of Title 11, in so far as it may be applicable, governs the qualifications of jurors in cases under section 16-1311 and the duties and conduct of the jury commissioners under this section.

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Page:United States Statutes at Large Volume 77.djvu/605

 77 STAT. ]

PUBLIC LAW 88-241-DEC. 23, 1963

(d) A person who has so served within one year may not serve as a condemnation juror under this section. § 16-1313. Selection of jury; oath of jurors In each action brought pursuant to this subchapter, the court shall appoint, from among the persons whose names are drawn pursuant to section 16-1312, a jury of five capable and disinterested persons, and shall administer to the persons so drawn an oath or affirmation that they: (1) are not interested in any manner in the real property to be condemned; (2) are not related to the parties interested in the property; and (3) without favor or partiality, and to the best of their judgment, will appraise the value of the respective interests of all persons concerned in the property. §16-1314. Declaration of taking; contents; deposit; transfer of title; determination; interest (a) In an action pursuant to this subchapter, the plaintiffs may file in a cause, with the complaint or at any time before judgment, a declaration of taking, signed by the members of the Board of Commissioners, declaring that the property is thereby taken for use of the District of Columbia. The declaration of taking shall contain or have annexed thereto a— (1) statement of the authority under which and the public use for which the property is taken; (2) description of the property taken sufficient for the identification thereof; (3) statement of the estate or interest in the property taken for public use; (4) plan showing the property taken; and (5) statement of the sum of money estimated by the Commissioners to be just compensation for the property taken, (b) Notwithstanding section 16-1319, upon the filing of the declaration of taking and the deposit in the registry of the court, to the use of the persons entitled thereto, of the amount of the estimated compensation stated in the declaration, title to the property in fee simple absolute, or such less estate or interest therein as is specified in the declaration, shall vest in the District of Columbia, and the propert]r shall be deemed to be condemned and taken for the use of the District, and the right to just compensation therefor shall vest in the persons entitled thereto. The compensation shall be ascertained and awarded in the proceedings and established by judgment therein, and the judgment shall include, as part of the just compensation awarded, interest at the rate of 6 per centum per annum on the amount finally awarded as the value of the property as of the date of taking, from that date to the date of payment. Interest may not be allowed on as much thereof as has been paid into the registry. A sum so paid into the registry may not be charged with commissions or poundage. §16-1315. Distribution of money deposited on declaration of taking; judgment for deficiency or overpayment; execution After the filing of the declaration of taking, and the deposit of the money in the registry of the court, as provided for by section 16-1314, the court, upon the application of the parties in interest, may order that the money so deposited, or any part thereof, be paid forthwith for or on account of the just compensation to be awarded in the proceeding. Upon the final award of compensation, the court shall enter

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Page:United States Statutes at Large Volume 77.djvu/606

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PUBLIC LAW 88-241-DEC. 23, 1963

28 USC app.

Stat. 582.

[77 STAT.

judgment for the amount of any deficiency or overpayment in the manner provided by subdivision (j) of rule 71A of the Federal Rules of Civil Procedure. A writ of execution may be issued on the judg.ment within the same time, and it shall have the same effect as a lien, and shall be executed and returned in the same manner, as if issued on any other judgment. § 16-1316. Time for surrender of possession under declaration of taking; adjustment of charges Upon the filing of the declaration of taking provided for by 16-1314-, the court may fix the time within which and the terms upon which the parties in possession shall be required to surrender possession to the plaintiffs. The court may make such orders in respect of incmnbrances, liens, rents, taxes, assessments, insurance, and other charges, if any, as it deems just and equitable. § 16-1317. Objections to jurors; appraisement The court, before accepting the jury in a condemnation proceeding pursuant to this subchapter, shall hear any objections that may be made to any member thereof, and may pass upon any objection, and may excuse any juror or cause any vacancy in the jury, when empaneled, to be filled. After the jury is organized and have viewed and examined the land and premises affected by the condenmation proceeding, they shall proceed, in the presence of the court, to hear and receive any evidence offered or submitted on behalf of the District of Columbia and by any person having an interest in the proceeding. When the hearing is concluded, the jury, or a majority of them, shall return to the court, in writing, their appraisement of the value of the interests of all persons, respectively, in the real property, where the appraisement shall be recorded. In making their decision, the jury shall take into consideration, when a part only is taken, the benefit to the remainder of the tract, and shall give their appraisement accordingly. § 16-1318. Objections or exceptions to appraisement; new jury (a) Objections or exceptions to an appraisement of the jury pursuant to section 16-1317 may be filed within twenty days after the return of the appraisement to the court. The court shall hear and determine any objections or exceptions so filed, and may vacate and set aside the appraisement, in whole or in part, when satisfied that it is unjust or unreasonable. If the appraisement is vacated and set aside, the court shall order the jury commission to draw from the special box the names of as many persons as the court directs, and, from among the persons so drawn, shall thereupon appoint a new jury of five capable and disinterested persons, who shall proceed as in the case of the first jury. The appraisement of the new jury shall be final when confirmed by the court. (b) When an appraisement is vacated in part, the residue thereof as to the property condemned is not affected thereby. § 16-1319. Payment of award; transfer of title If the appraisement of the jury pursuant to section 16-1317 is not objected to by the parties interested, it shall be confirmed by the court, or, if the appraisement of the new jury is confirmed by the court, the Board of Commissioners shall pay the amount awarded by the jury out of the appropriation made therefor or deposit it in the manner as directed by section 7-215, and thereupon the title to the property condemned shall vest in the District of Columbia.

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Page:United States Statutes at Large Volume 77.djvu/607

 77 STAT. ]

PUBLIC LAW 88-241-DEC. 23, 1963

§ 16-1320. Fixing time for return of yerdict I n every case involving the condemnation of real property under this subchapter, at the close of the hearing thereof, the court shall fix a time in which the jury shall return its verdict or the report to the court the reasons why the verdict or appraisement can not be returned by the time fixed. The court has discretion to extend the time for the return of the verdict or appraisement. §16-1321. Abandonment of proceedings; liability I n a condemnation proceeding pursuant to this subchapter, it is optional with the Board of Commissioners to abide by the verdict of the jury and occupy the property appraised by them, or, within a reasonable time to be fixed by the court in its order confirming the verdict, to abandon the proceeding. If the proceeding is abandoned, the court shall award to the owner or owners of the property involved therein such sum or sums as will in the opinion of the court reimburse the owner or owners for all reasonable costs and expenses, including reasonable counsel fees, incurred by him or them in the proceeding. The sum or sums so awarded constitute a judgment or judgments against the District of Columbia. An owner is not entitled to the reimbursement in any case where the proceeding is abandoned at the request, or with the consent, of the owner of the property. Subchapter III—Excess Property for Development of Seat ot Government § 16-1331. 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, the Board of Commissioners of the District of Columbia, and 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 riglits in or on land or easements or restrictions therein, within the District, 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 hardship to the owners of adjacent private property by depriving them of the beneficial use of their property. § 16-1332. Sale of excess property; restrictions on use; fair market v a l u e; disposition of moneys (a) The Board of Commissioners of the District of Columbia and agencies of the United States authorized by law to acquire real property may, upon completion of public improvements: (1) subdivide, and sell, at public or private sale, or exchange, any excess real property acquired pursuant to this subchapter; and (2) to carry out such purposes, convey any property acquired in excess of that actually needed and which is not essential to the usefulness of the public works— with such reservations concerning the future use and occupation of the property as, in their discretion, may be necessary to protect the public improvements. (b) Property sold under this section shall be sold at not less than the fair market value at the time sold, as determined by appraisement of the assessor of the District of Columbia.

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[77 STAT.

34 Stat 15165 Stat. 126;'

(c) Moneys received from sales or transfers of properties pursuant to this subchapter shall be covered into the Treasury of the United States, 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 to the credit of the revenues of the District of Columbia. § 16-1333. Notice of sale of excess property When excess real property is to be sold pursuant to section 16-1332, notice of not less than twenty days before the sale shall be published in a daily newspaper published in the District of Columbia, and notice shall be sent before the sale, by registered mail or by certified mail, to the last-known address of the persons listed on the records of the assessor of the District as the owners of the property abutting on the property to be sold. § 16-1334. Retention, for public use, of excess property When the authorities of the District of Columbia or the United States having jurisdiction of real property, rights, or easements acquired pursuant to this subchapter, elect to retain any of them for the use of the District or the United States, they may use the property, rights or easements for park, playground, highway, or alley purposes, or for any other lawful purpose that they deem advantageous or in the public interest. § 16-1335. Availability of appropriations for purchase 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, and expenses of excess real property purchased in connection with the project or improvement, as provided by this subchapter. §16-1336. Condemnation of excess real property by Board of Commissioners; payment of a w a r d s, damages, and c o s t s; no assessments for benefits (a) When, pursuant to this subchapter, excess real property is condemned by the Board of Commissioner, the condemnation proceedings for the acquisition of the property shall be in accordance with subchapter I of this chapter, sections 7-202 to 7-212, 7-213a, 7-214, 7-215, or sectlous 7-301 to 7-505, 7-313 to 7-518, 7-520, 7-^21 and

33 Stat. 733.

7-323.

(b) Appropriations available for the payment of awards, damages, and condemnation proceedings pursuant to subchapter I of this chapter may be used in the payment of awards, damages, and costs in condemnation proceedings under the sections referred to by subsection (a) of this section for the acquisition of excess real property, as provided by this subchapter. (c) Appropriations available for the payment of awards, damages, and costs in condemnation proceedings pursuant to subchapter I of this chapter or sections 7-301 to 7-305, 7-313 to 7-318, 7-320, 7-321 and 7-323 may be used in the payment of awards, damages, and costs in condemnation proceedings thereunder for the acquisition of excess real property as provided by this subchapter. (d) In all cases where excess real property is condemned, assessments for benefits may not be levied by the jury in respect to the acquisition of the property.

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Page:United States Statutes at Large Volume 77.djvu/609

 77

STAT.

]

PUBLIC LAW 88-241-DEC. 23, 1963

§ 16-1337. Condemnation of excess real property by United States agencies; payment of awards, damages, and costs When excess real property is condemned by agencies of the United States, other than the Board of Commissioners of the District of Columbia, 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 a(3quisition of real property in the District of Columbia for the use of the United States. Appropriations available for the condemnation 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 by this subchapter. § 16-1338. Construction of subchapter This subchapter does not repeal anj provisions of existing law pertaining to the condemnation or acqmsition of streets, alleys, or land, or the law or laws relating to the subdividing of lands in the District of Columbia. Subchapter IV—Real Property for United States §16-1351. Definition As used in this subchapter, "acquiring authority" means the head of an executive department or agency of the United States, or other officer of the United States, or board or commission of the United States, authorized by law to acquire real property in the District of Columbia for the construction of public building or work, or for parks, parkways, public playgrounds, or other public purpose. § 16-1352. Condemnation proceedings by Attorney General When, for the purposes specified by section 16-1351, it is deemed necessary or advantageous to do so, the acquiring authority may acquire real property in the District of Columbia in the name of the United States by condemnation under judicial process. The Attorney General of the United States, upon the request of the acquiring authority, shall institute a proceeding for the condemnation of the property in the United States District Court for the District of Columbia. §16-1353. Declaration of taking; contents; deposit; transfer of title; determination; interest (a) In an action pursuant to this subchapter, the plaintiff may file in the cause, with the complaint or at any time before judgment, a declaration of taking signed by the acquiring authority empowered by law to acquire the property described in the complaint, declaring that the property is thereby taken for the use of the United States. The declaration of taking shall contain or have annexed thereto) a— (1) statement of the authority under which and the public use for which the lands are taken; (2) description of the lands taken sufficient for the identification thereof; (3) statement of the estate or interest in the lands taken for public use; (4) plan showing the lands taken; and (5) statement of the sum of money estimated by the acquiring authority to be just compensation for the property taken. 93-025 0-64-39

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Page:United States Statutes at Large Volume 77.djvu/610

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[77 STAT.

Upon the filing of the declaration of taking and of the deposit in the registry of the court, to the use of the persons entitled thereto, of the amount of the estimated compensation stated in the declaration, title to the property in fee simple absolute, or such less estate or interest therein as is specified in the declaration, vests in the United States of America, and the property shall be deemed to be condemned and taken for the use of the United States, and the right to just compensation therefor vests in the persons entitled thereto. The compensation shall be ascertained and awarded in the proceedings and established by judgment therein, and the judgment shall include, as part of the just compensation awarded, interest at the rate of 6 per centum per annum on the amount finally awarded as the value of the property as of the date of taking, from that date to the date of payment. Interest may not be allowed on as much thereof as has been paid into the registry. A sum so paid into the registry may not be charged with commissions or poundage. §16-1354. Distribution of money deposited on declaration of taking; judgment for deficiency After the filing of the declaration of taking, and the deposit of the money in the registry of the court, as provided for by section 16-1353, the court, upon the application of the parties in interest, may order that the money so deposited, or any part thereof, be paid forthwith for or on account of the just compensation to be awarded in the proceeding. Upon the final award of compensation, the court shall enter i'udgment for the amount of any deficiency in the manner provided •y rule 71A(j) of the Federal Rules of Civil Procedure. § 16-1355. Time for surrender of possession under declaration of taking; adjustment of charges Upon the filing of a declaration of taking provided for by section 16-1353, the court may fix the time within which and the terms upon which the parties in possession shall be required to surrender possession to the plaintiff. The court may make such orders in respect of encumbrances, liens, rents, taxes, assessments, insurance, and other charges, if any, as it deems just and equitable. § 16-1356. Setting date for trial In a proceeding pursuant to this subchapter, after all defendants have been served with notice, and there has been return of service, as provided by rule 71A (d) of the Federal Rules of Civil Procedure, and after defendants have appeared or answered in the manner provided by rule 71A (e) thereof, either personally or by their guardians ad litem or other legal representatives, or are in default, the case shall be regarded as ready for trial, and, upon the application of any party to the proceeding, the court shall forthwith set an early date to be fixed by it, not less than ten nor more than twenty days from the date of the application, for the trial of the issues of law and fact raised in the case, and the ascertainment of the compensation or damages to be awarded for the taking of the property to be condemned. § 16-1357. Drawing of jurors, and selection of jury; qualifications When the date for trial has been set, as provided by section 16-1356, the court shall thereupon order the jury commission to draw from the special box provided for by law the names of as many persons, not less than twenty, as the court directs, and to certify the names to the clerk of the United States District Court for the District of Columbia as a panel of prospective jurors. The persons so certified shall be thereupon summoned by the United States marshal for the District of Columbia to appear m the court on the day specially fixed for the trial of the cause. Before selecting or impaneling the ]ury, the court

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Page:United States Statutes at Large Volume 77.djvu/611

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PUBLIC LAW 88-241-DEC. 23, 1963

may cause a second, third, or other further list of prospective jurors to be drawn, certified and summoned in like manner. From the persons so certified and summoned, the court, after examination on oath and in open court as to their qualifications, shall select and impanel a jury of five capable and disinterested persons who have the qualifica- ' tions of jurors as prescribed by law for the courts of the District of Columbia, and in addition thereto are real property owners in the District and are not in the service or employment of the United States or of the District of Columbia. § 16-1358. Oath of jurors The jurors selected and impaneled, as provided by section 16-1357, shall take an oath or affirmation, administered by the court, that thev: (1) are not interested in any manner in the property to be condemned; (2) are not, to their knowledge, related to any person interested in the property; and (3) will, impartially and to the best of their judgment, ascertain, appraise, and award just compensation for the property to be condemned and taken in the proceeding. §16-1359. Inspection of property by jury; presence of parties After being selected, impaneled, and sworn, as provided by sections 16-1357 and 16-1358, and before hearing the evidence, the jury, in order to inspect the property to be acquired, shall be taken upon the property by the United States marshal at a time fixed by the court. All parties in interest, their attorneys, and representatives have the right to be present at the inspection. § 16-1360. Trial; evidence; measure of compensation After the inspection provided for by section 16-1359, and the jury has returned to the court, the trial of the cause shall be proceeded with before the court and jury. Any person who has appeared in the cause claiming any right, title, interest, or estate in the land to be taken, or compensation on account of its taking, has the right to submit evidence concerning the vaJue of the property, parcel by parcel, the nature and extent of his right, interest, or estate therein, and the compensation justly due for the taking of the property. A new structure or substantial alteration of a permanent nature, the purpose or natural effect of which is to enhance the value of the property to be taken, erected, or made thereon after the institution of the condenmation proceedings may not be taken into consideration in assessing and awarding compensation for the property. When the property to be valued has been taken by virtue of a declaration of taking, as provided by section 16-1353, it shall be valued for the purposes of compensation as of the date of the taking. When, by act of the owner or other party claiming to be entitled to compensation, the value of the property for the use for which it is to be taken has been diminished, as by cutting trees, excavating, grading, or otherwise altering its physical condition, allowance, if the plaintiff so elects, shall be made in accessing compensation for the diminution in value. § 16-1361. Verdict At the close of the evidence in a proceeding pursuant to this subchapter, the court shall charge the jury and furnish them with a written form to be used in returning their verdict. The members of the jury may separate when not en^ged in the consideration of their verdict. When the jury, or a majority thereof, have agreed upon their verdict they shall, through their foreman, so notify the court, which shall thereupon pass an order setting a day for the return of the verdict in open court. The verdict shall oe in writing subscribed by the jurors concurring therein, and shall set forth, parcel by parcel, the compensation to be paid for the taking of the lands to be condemned.

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