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Sec. 1633. GENERAL DEVISE OF ALL PROPERTY.-Every devise and bequest purporting to be of all real or personal property, or both, belonging to the testator shall be construed to include also all property of either or both kinds, respectively, over which he has a general power of appointment, unless the contrary intention shall appear in the will or codicil containing such devise or bequest.-Act of June 30, 1902 (32 Stat., Part I, p. 545).
[Sec. 1633. General devise of all propertY.-Every devise and bequest purporting to be of all real or personal property, or both, belonging to the testator shall be construed to include also all property of either or both kinds, respectively, over which he has a general power of appointment, and the legal title of all such property which he holds in trust, unless the contrary intention shall appear in the will or codicil containing such devise or bequest.]
ch. 3, sec. 19.
Sec. 1634. NUNCUPATIVE WILLS.-No nuncupative will Act of 29 Car. 2, hereafter made shall be valid in the District; but any soldier being in actual military service, or mariner being at sea, may dispose of his movables, wages, and personal estate by word of mouth: Provided, That such disposition shall be proved by at least two witnesses who were present at the making thereof and were requested by the testator to bear witness that such was his last will, nor unless such will were made in the time of the last sickness of the deceased, and the substance thereof reduced to writing within ten days after the making thereof.
508; 13 D. C. App.,
184; 25 L. R., 50.
Sec. 1635. BEQUESTS FOR RELIGIOUS PURPOSES.-No Sec. 1023; Colbert v. Speer, 24 devise or bequest of lands, or goods, or chattels to any D. C. App., 187; minister, public teacher, or preacher of the gospel, as 130; 26 D. C. App., S. C., 200 U. S., such, or to any religious sect, order, or denomination, or to or for the support, use, or benefit of or in trust for any minister, public teacher, or preacher of the gospel, as such, or any religious sect, order, or denomination, shall be valid unless the same shall be made at least one calendar month before the death of the testator.
McCowan v. El
Sec. 1635a. It shall be lawful for any person in whose Sec. 830. possession or custody a will or codicil shall be after the death roy, 28 D. C. of the testator or testatrix, to open and read the same in the presence of any near relatives of the deceased, who sec. 2. may conveniently have notice thereof, and of other persons, and immediately thereafter to deliver such will or codicil to the supreme court of the District of Columbia, holding a special term as a probate court, or to the register of wills, until due proceedings may be had for proving the same, or until it be demanded by an executor or other person authorized to demand it, for the purpose of having it proved according to law.-Act of June 30, 1902 (32 Stat., Part I, p. 545.)
ing to selection of
S., 19 D. C. App.,
Sec. 1636. All acts and parts of acts of the general grand juries in assembly of the State of Maryland general and permaforce prior to Jan., 1902; repealed by nent in their nature, all like acts and parts of acts of the code. Clark v. U. legislative assembly of the District of Columbia, and all 308; Costello like acts and parts of acts of Congress applying solely to App., 220; John- the District of Columbia in force in said District on the son v. D. C., 30 D. day of the passage of this act are hereby repealed, L. R., 173; Lin- except:
Palmer 20 D. C.
C. App., 523; 36
coln Bank v.
Buck 30, L. R., First. Acts and parts of acts relating to the rights, Dabney, 20 D. C. Powers, duties, or obligations of the United States.
21; Dabney v.
App., 440; U. S. v.
Second. Acts and parts of acts relating to the Court of App., 143; Lesh Claims.
Cadarr, 24 D. C.
v. Lesh, 21 D. C.
D. C. App.. 220.
Third. Acts and parts of acts relating to the organiza1b., sec. 1638: 20 tion of the District government, or to its obligations, or Act 1871 in re the powers or duties of the Commissioners of the District cruelty not re- of Columbia, or their subordinates or employees, or to pealed, 30 D. C. App., 520. police regulations, and generally all acts and parts of acts relating to municipal affairs only, including those regulating the charges of public-service corporations.
Fourth. Acts and parts of acts relating to the militia. Fifth. All penal statutes authorizing punishment by fine only or by imprisonment not exceeding one year, or both.
Sixth. Acts and parts of acts of Congress relating solely to the Departments of the General Government in the District of Columbia, or any of them.
Seventh. Acts or parts of acts authorizing, defining, and prescribing the organization, powers, duties, fees, and emoluments of the register of wills of the District of Columbia and his office.
Eighth. An act to regulate the practice of pharmacy in the District of Columbia, approved June fifteenth, eighteen hundred and seventy-eight; an act for the regulation of the practice of dentistry in the District of Columbia, and for the protection of the people from empiricism in relation thereto, approved June sixth, eighteen hundred and ninety-two; an act regulating the construction of buildings along alleyways in the District of Columbia, approved July twenty-second, eighteen hundred and ninety-two; an act for the promotion of anatomical science, and to prevent the desecration of graves in the District of Columbia, approved February twenty-sixth, eighteen hundred and ninety-five; an act to provide for the incorporation and regulation of medical and dental colleges in the District of Columbia, approved May fourth, eighteen hundred and ninety-six; an act relating
to the testimony of physicians in the courts of the District of Columbia, received by the President May thirteenth, eighteen hundred and ninety-six; an act to regulate the practice of medicine and surgery, to license physicians and surgeons, and to punish persons violating the provisions thereof in the District of Columbia, approved June third, eighteen hundred and ninety-six; and, generally, all acts or parts of acts relating to medicine, dentistry, pharmacy, the commitment of the insane to the Government Hospital for the Insane in the District of Columbia, the abatement of nuisances, and public health.
Ninth. Acts and parts of acts relating to the organization and powers of vestries, trustees, or other governing bodies of any religious denomination. (32 Stat., Part I, p. 546.)
All acts and parts of acts included in the foregoing exceptions, or any of them, shall remain in force except in so far as the same are inconsistent with or are replaced by the provisions of this code.
Clark v. U. S. 19
Sec. 1637. The incorporation into this code of any D. C. App, 309; general and permanent provision taken from an act 20 D. C. App., making appropriations, or from an act containing other 222; 26 D. C. APP., provisions of a private or temporary character, shall not repeal nor in any way affect any appropriation or any provision of a private or temporary character contained in any of said acts, but the same shall remain in force.
D. C. App., 309;
308; Welch v.
Sec. 1638. The repeal by the preceding section of any vorce case, 20 D. statute, in whole or in part, shall not affect any act done C. App., 440; 19 or any right accruing or accrued or any suit or proceed- Shelly v. Wescott, ing had or commenced in any civil cause before such 23 D. C. App., 135, repeal, but all rights and liabilities under the statutes Lynch, 30 D. C. or parts thereof so repealed shall continue and may be APP., 140; Cosenforced in the same manner as if such repeal had not D. C. App., 220; been made: Provided, That the provisions of this code ney, 20 D. C. relating to procedure or practice and not affecting the App., 448; Gum v. substantial rights of parties shall apply to pending suits or proceedings civil or criminal.
Brown, 21 D. C. v. Bradley, 26 D. C. App., 449; 27 welch v. Lynch D. C. App., 146; L. R., 403.
App., 295, McKay
Sec. 1639. The enactment of this code is not to affect or repeal any act of Congress which may be passed be- 26 tween the date of this act and the date when this act is to go into effect; and all acts of Congress that may be passed hereafter are to have full effect as if passed after the enactment of this code, and, so far as such acts may vary from or conflict with any provision contained in this code, they are to have effect as subsequent statutes and as repealing any portion of this act inconsistent therewith.
Sec. 1640. Nothing in the repealing clause of this code contained shall be held to affect the operation or enforcement in the District of Columbia of the common law or of any British statute in force in Maryland on the Lesh v. Lesh, 21 twenty-seventh day of February, eighteen hundred and Young Norris one, or of the principles of equity or admiralty, or of Peters Co., 27 D any general statute of the United States not locally D. C. App., 295.
D. C. App., 488;
C. App., 140; 21
inapplicable in the District of Columbia or by its terms applicable to the District of Columbia and to other places under the jurisdiction of the United States, or of any municipal ordinance or regulation, except in so far as the same may be inconsistent with, or is replaced by, some provision of this code.
Sec. 1641. All offenses committed and all penalties or forfeitures incurred in the District prior to the date on which this code is to take effect may be prosecuted and punished in the same manner and with the same effect as if this code had not been enacted.
Sec. 1642. Where any action or proceeding by the provisions of chapter forty-one of this code would be barred at the time it goes into effect, or within one year thereafter, which would not be so barred by prior laws, such action or proceeding may be brought or instituted within such period of one year, anything in said chapter to the contrary notwithstanding.
Sec. 1643. That nothing herein contained shall be held to affect the term of office of any judicial or other officer holding office when this code goes into effect and operation, except when, as in the case of the present justices of the peace and constables, a contrary intention is manifested.-Act of June 30, 1902 (32 Stat., Part I, p. 546).
An Act To create a juvenile court in and for the District of Columbia.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there is hereby created and established in and for the District of Columbia a court, to be known as "The juvenile court of the District of Columbia."
SEC. 2. That the judge of said court shall be known as the judge of the juvenile court, and shall be appointed by the President of the United States, subject to removal by the President for cause, and by and with the advice and consent of the Senate for a term of six years, or until his successor is appointed and confirmed. No person shall be appointed to the office of judge of the said court who is not learned in law. Said judge shall receive an annual salary of three thousand dollars, and he shall be entitled to thirty days' leave of absence without deduction from salary. Said judge shall, before entering upon the duties of his office, take the oath prescribed for judges of courts of the United States.
SEC. 3. That in cases of sickness, absence, disability, expiration of term of service, or death of the judge of the juvenile court, any one of the justices of the supreme court of the District of Columbia may designate one of the justices of the peace of said District to discharge the duties of said judge of the juvenile court until such disability be removed or vacancy filled, and the justice of the peace so designated shall, before entering upon his duties as such acting judge, take the oath prescribed for judges of courts of the United States; and said acting judge shall receive five dollars per day in addition to his salary as justice of the peace for the term that he shall serve, to be paid in the same manner as the salary of the judge of the juvenile
L. R., 296, 402;
SEC. 4. That the said court shall also have power to Jurisdiction. 37 appoint two discreet persons of good character as pro- Moss v. U. S., 29 bation officers, one male and one female, and one shall D. C. App., 188. be designated as chief probation officer, who shall receive an annual salary of one thousand five hundred dollars, and the other shall be designated as assistant probation officer, who shall receive an annual salary of nine hundred dollars. Such probation officers shall perform such duties and be governed by such regulations as may be prescribed by the presiding judge, and such presiding