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Burke v. Robin
Sec. 261, 960; Sec. 396. REAL ESTATE. It shall be unlawful for any son, L. R., 654. person not a citizen of the United States or who has not of lands, 33 Stat., lawfully declared his intention to become such citizen, or 733; 29 Stat., 619. for any corporation not created by or under the laws of the United States or of some State or Territory of the United States, to hereafter acquire and own real estate, or any interest therein, in the District of Columbia, except such as may be acquired by inheritance: Provided, That the prohibition of this section shall not apply to cases in which the right to hold and dispose of lands in the United States is secured by existing treaties to the citizens or subjects of foreign countries, which rights, so far as they exist by force of any such treaties, shall continue to exist so long as such treaties are in force, and no longer, and shall not apply to the ownership of foreign legations or the ownership of residences by representatives of foreign governments or attaches thereof.
24 Stat., 576; Comp. Stat., 43.
Sec. 397. CORPORATIONS.-No corporation or association of which [more than twenty] over fifty per centum of the stock is or may be owned by any person or persons, corporation or corporations, association or associations not citizens of the United States shall hereafter acquire or own any real estate hereafter acquired in the District of Columbia. (32 Stat., Part I, p. 530.)
Sec. 398. FORFEITURE. All property acquired or held or owned in violation of the provisions of this chapter shall be forfeited to the United States, and it shall be the duty of the United States attorney for the District to enforce every such forfeiture by bill in equity or other proper process. And in every such suit or proceeding that may be commenced to enforce the provisions of this chapter it shall be the duty of the court to determine the very right of the matter, without regard to matters of form, joinder of parties, multifariousness, or other matters not affecting the substantial rights either of the United States or of the other parties concerned.
Slye v. Guer
rick v. Wetmore,
493; Schrot v.
Sec. 399. In all judicial proceedings the court, justice drum, 29 D. C. or judge, in which, or before whom, the cause shall be App., 552; Karpending shall have power upon such terms as shall seem 22 D. C. App., best, at any stage of the case, to allow amendments of Schoenfeld, 23 D. writs, pleadings, or other papers in the cause and to allow C. App., 426; 28 supplemental or substituted affidavits to be filed.-Act App., 558: 7 D. C. of June 30, 1902 (32 Stat., Part I, p. 530).
Stat., 351; 11 D. C.
App., 303; 21 D.C. App.,154; 23 D.C. App., 551; 27 D. C. App., 595; 29 D. C. App., 550; 21 D. C. App., 274; 16 D. C. App., 462; 25 D. C. App., 36; 22 D. C. App., 356; 5 D. C. App., 69; 38 L. R., 139.
[Sec. 399. PROCEEDINGS.-In all actions at law the court shall have power to order and allow amendments to be made in all proceedings whatsoever, so as to have the merits of the controversy fairly tried, before the jury retire to make up their verdict, in cases of jury trial, and at any time before judgment is entered in cases of issues of law or fact tried by the court.]
Sec. 400. CONTINUANCE.-No such amendment shall,,20 D. C. App., 73; Comp. Stat., entitle either party, as of course, to a postponement of 460. the trial or to a continuance of the case to the next term of the court; but the court shall allow a postponement or continuance in case the ends of justice require it, and upon such terms as the court shall deem proper. If such amendment is ordered and a postponement or continuance is allowed after the jury have been sworn the jury shall be discharged.
Sec. 401. CoSTS.-In all cases of amendment such costs shall be allowed the party against whom the amendment is made as the court may determine.
Secs. 166, 173.
Sec. 402. BY WHOM BOUND.-A minor child may be bound as an apprentice by his guardian; or, if none, by his father; or, if neither father nor guardian, by his mother, with the consent, entered of record, of the probate court, or without such consent if the minor, being fourteen years of age, agree in writing to be so bound; or by the probate court as hereinafter provided.
Sec. 403. TERM. The utmost term of any apprenticeship shall be until the apprentice attains the age of twenty-one if a boy, or eighteen years if a girl.
Sec. 404. CONTRACT.-The writing by which such minor is bound as apprentice shall specify his age and what art, trade, or business he is to be taught. The master shall be bound to teach the same, and also to teach him reading, writing, and common arithmetic, and to supply him with suitable clothing and maintenance, and pay such amount, if any, as may be agreed upon for his services and expressed in the contract. The writing by which any minor is bound shall be filed in the office of the register of wills, and until it be so filed the master shall not be entitled to the services of said apprentice.
Sec. 405. COMPLAINTS. The probate court, during the term of any apprenticeship, may hear complaint of the apprentice, indentured child, or anyone in his behalf, against the master or person to whom indentured, for undeserved or excessive correction, want of instruction, insufficient allowance of food, clothing, or lodging, or nonpayment of what was agreed to be paid; or the complaint of the master or person to whom indentured against the apprentice or indentured child for desertion or other misconduct; and, after reasonable notice of the complaint to the party against whom it is made, may determine the matter in a summary way and discharge either party from the contract of apprenticeship, or make such order as the case may require.
Sec. 406. REMOVAL OF APPRENTICE.-No master of an apprentice shall send or carry his apprentice out of the District, except in the case of mariners; and the said probate court, on being credibly informed that any master designs so to remove his apprentice, may require him to give bond conditioned against such removal, and on his refusal so to do may discharge the apprentice.
Sec. 407. ASSIGNMENTS.-The contract of apprenticeship, with the approbation of said court, may be assigned by the master, or, after his death, by his personal representatives, on such terms as the court may prescribe.
Sec. 408. CONCEALMENT.-If any person shall conceal, harbor, or facilitate the running away of an apprentice, he shall be liable to an action therefor by the master, either in the said supreme court or before any justice of the peace, according to the amount of damages claimed. Séc. 409. FORM OF CONTRACT.-The form of the contract of apprenticeship shall be the following, or to the same effect:
This indenture witnesseth, that it is mutually agreed between that a minor, aged
and years shall be taken and held as an apprentice for the term of years, by the said ; and the said contracts and covenants with the said to faithfully and carefully instruct the said (And the said further contracts
in all the handicraft of a
and covenants that the said minor shall be allowed, as compensation for his services,
Acknowledged before me, a notary public (or justice of the peace), this
A B, Notary Public.
Sec. 410. To WHOM MONEY TO BE PAID.-The money which the master is to pay shall be paid to the father or other party contracting with the master, or to the minor, in whole or in part, as said probate court may direct.
Sec. 411. JURISDICTION OF PROBATE COURT.-The probate court may bind out as an apprentice, or indenture to any proper person, any orphan child, any child abandoned by its parents or guardian, any child of habitually drunken, vicious, or unfit parents, when any such child as aforesaid shall not be in the care or custody of some person who is providing for its comfortable maintenance and education, and also any child habitually begging on the streets or from door to door, and any child kept in vicious or immoral associations. The terms of such apprenticeship or of such indenture shall be such in each case as the court may deem proper, having in view the future interests and welfare of the child.
Sec. 166, 173.
Sec. 145, 777; Bailey v. D. C.,
ARBITRATION AND AWARD.
Sec. 412. IN WHAT CASES.-By consent of the attor4 D. C. App., 356; neys or solicitors on both sides, manifested by written D. C. App., 245, stipulation, any common-law or admiralty or equity 18 D. C. App., cause pending in the supreme court of the District of
171 U. S., 161; 18
Columbia, except suits for divorce or nullity of marriage, or suits wherein [the defendant] any party to be affected by the result is an infant, idiot, or lunatic, may be referred for trial, upon the issues of law and fact therein involved, by an order of court, to some referee consented to by the parties or their counsel and named in the order.
Sec. 413. OATH OF REFEREE.-The referee, before proceeding to hear the cause, shall be sworn faithfully and fairly to try the issues and determine the questions referred to him, as the case may require, and to make a just and true award thereof.
He shall thereupon fix a time for the hearing of said cause and notify all parties thereof.
Sec. 414. POWERS.-He shall have power to administer oaths, to cause subpoenas and subpoenas duces tecum to be issued to witnesses and to compel their attendance by attachment, and to punish a witness by fine and imprisonment for contempt of court, for nonattendance, or refusal to be sworn, or to testify He shall have the same power to adjourn from time to time, and to preserve order in the trial or hearing before him, and to punish any violation thereof, as a court in regular session.
Sec. 415. DEPOSITIONS.-In suits in equity the referee shall have power to take depositions in cases where they are now taken before an examiner in chancery, and in all suits shall receive and consider all depositions and other evidence in like manner as where the trial or hearing is by the court. He may allow amendments to process or pleadings, pass interlocutory orders, award costs, and hear and determine all questions arising in the cause, with like effect as if done by order of the court.
Sec. 416. AWARD, WHEN TO BE FILED. Within sixty days after the reference is made, unless a longer time is agreed upon by both parties or allowed by the court, the referee shall file with the clerk a written award and give notice thereof to each party interested; otherwise either party may notify the adverse party, or his attorney or solicitor, that he elects to end the reference, and the cause shall proceed as if no reference had been made. Sec. 417. FORM OF AWARD.-The final award of the referee shall state separately the facts found by him and