Lapas attēli

Sec. 402, 411.

Bottineau v.

O'Grady, 34 L.

summoned therefor, or by affidavits, or other evidence to the satisfaction of the court, that said applicant is a fit person to have the care or control of his property, an order shall be entered restoring such person to all the rights and privileges enjoyed before said committee was appointed.] (32 Stat., Part I, p. 527.)

Sec. 173. APPRENTICES.-The said probate court shall also have authority to approve contracts of apprenticeships, to determine questions between masters and apprentices, and to protect the rights of apprentices, as herein elsewhere provided for.

Sec. 174. THE CLERK.-The clerk of said supreme court shall take the oath and give bond, with security, in the manner prescribed by law for the clerks of the district courts of the United States. The said clerks shall have power to appoint assistant clerks and other necessary employees, at such compensation as may be authorized by the supreme court of the District of Columbia in general term, and may assign any of the assistant clerks in his office to duty in the said general or special terms of the court, except in the probate term. Any of the duties of the clerk may be performed in his name by any of the assistant clerks, and such assistants may sign the name of the clerk to any process, certificate, and other official act required by law or by the practice of the court to be performed by the clerk, and may authenticate said signature by affixing the seal of the court thereto when the seal is necessary to its authentication. In such cases the signature shall be—

[blocks in formation]

Sec. 175. CoSTS.-At the commencement of suit every R., 148: 29 L. R., in said supreme court the plaintiff shall deposit at least 37 L. R., 369; ten dollars with the clerk, to be appropriated toward the Hayward v. costs of the suit; and the court is hereby authorized to preTschiffeley, 32 L. R., 777; on appeal scribe rules as to any further costs to be paid by either the C. App., 72: 14 D. plaintiff or defendant during the progress of the case, and C. App., 384; 20 as to the collection thereof. Upon the termination of the case any surplus of costs shall be refunded by the clerk.

from J. P.; 15 D.

D. C. App., 210.

The defendant in any suit instituted by a nonresident of the District of Columbia, or by one who becomes such after the suit is commenced, may, upon notice served on the plaintiff or his attorney, at any time after service of process on the defendant, require the plaintiff to give security for all costs and charges that may be adjudged against him on the final disposition of the cause. But such right of the defendant shall not entitle him to delay in pleading, and his pleading before the giving of such security shall not be deemed a waiver of his right to require such security for costs. In case of noncompliance with the foregoing requirements, within a time to be fixed by the court, judgment of nonsuit or dismissal shall be entered. The security required may be by an undertaking, with security, to be approved by the court, or by a deposit of money in amount to be fixed by the court.

A nonresident may, at the commencement of his suit, deposit with the clerk such sum in money as the court shall deem sufficient as security for all costs that may accrue in the cause, which deposit may afterwards be increased on application, in the discretion of the court: Provided, That for proceedings in the probate court deposits and fees shall be paid to the register of wills, who shall be entitled to demand and may require, upon the presentation for filing of a petition or a caveat to a will, a deposit for his fees to be charged for the proceedings under such petition or such caveat; and upon such deposit becoming exhausted in the liquidation of his fees so charged, he may demand and require a further deposit from the original petitioner or caveator; but such deposits shall not be required in excess of fifteen dollars at any one time (32 Stat., Part I, p. 527).


[Provided, That this section shall not apply to proceedings in the probate term, in which all deposits and costs as now required by law, and the orders of said term, shall be paid to the register of wills as heretofore.]

R. Co., 153 Fed.,

farland, 22 D. C.

Sec. 176. POOR SUITORS.-Suits may be prosecuted by Phillips - R. poor persons in the discretion and upon the order of the 795. court, or of one of the justices, passed upon satisfactory evidence of inability to make such deposit, without making the deposit prescribed by the preceding section. Sec. 177. COSTS PAYABLE IMMEDIATELY.-All costs Brown v. Macand fees for services rendered by the clerk and the register App., 412, 416. of wills and chargeable to others than the United States shall be payable [immediately after the services are performed in advance, and shall be collected by such rules and regulations, not incompatible with law, as may be prescribed by the court, but shall in no case be paid by the United States. The District of Columbia shall not be required to pay fees to the clerk of the court of appeals of the District, or to the marshal of the District, and shall be entitled to the services of said marshal in the service of all civil process: Provided, That neither the United States nor the District of Columbia, nor any officer of either, acting in his official capacity, shall be required to give bond or enter into undertaking to perfect any appeal or to obtain any injunction or other writ, process, or order in or of any court in the District of Columbia for which a bond or undertaking is now or may be hereafter required by law or rule of court.-Act of June 9, 1910 (36 Stat., 464).

Sec. 178. The clerk shall have power to administer oaths in all cases and also to take acknowledgments of deeds, and shall receive the same fees for the latter service as other officers authorized to take such acknowledgments]. (32 Stat., 527.)

Sec. 179. SALARY.-The salary and compensation of 32 Stat., 609. the clerk shall not exceed the sum of five thousand dollars per annum, and the excess of fees received by him above said salary, after defraying thereout the necessary

expenses of his office, shall be paid into the Treasury of the United States.

Sec. 180. RETURNS TO TREASURY.-The clerk shall make semiannual returns of the amount of fees received by him to the Secretary of the Treasury. His accounts of his earnings and expenses shall be adjusted by the regular auditor of the court, or by a special auditor to be appointed by the court for the purpose, within thirty days after the first day of January and July in each year; and the auditor shall immediately report his adjustment to the court, with such exceptions thereto as the clerk shall, within four days after such adjustment, take and file with the auditor. The court shall pronounce such decree upon the report and exceptions as may seem to it equitable and just, and such decree shall be final and binding on the United States and the clerk.

Sec. 181. ACCOUNTING.-If upon such account a balance be found due from the clerk to the United States, the court shall order payment by the clerk into the Treasury, and enforce its order by execution, process of contempt, or otherwise; and if the clerk refuse to pay the money, shall remove him from office.

Sec. 182. If a balance be found due from the United States to the clerk, the same shall be paid (out of the appropriations for fees of clerks of United States courts), upon presenting to the Treasurer a copy of the decree duly certified. The clerk shall, as in other cases to which the United States is a party, furnish the Solicitor of the Treasury a copy of the decree immediately after it is pronounced.-Act of June 30, 1902 (32 Stat., Part I, p. 527).


[Sec. 182. If a balance be found due from the United States to the clerk, the same shall be paid upon presenting to the Treasurer a copy of the decree duly certified. The clerk shall, as in other cases to which the United States is a party, furnish the Solicitor of the Treasury a copy of the decree immediately after it is pronounced.]

Sec. 183. UNITED STATES ATTORNEY FOR THE DISTRICT OF COLUMBIA.-There shall be an attorney [for] of the United States for the District, who shall be appointed by the President of the United States, by and with the advice and consent of the Senate, and who shall take the oath and perform all the duties required of district attorneys of the United States.

Sec. 184. The district attorney and every assistant or deputy duly appointed by him is empowered to administer oaths or affirmations to witnesses in criminal cases and in all cases where a justice of the peace is authorized to do so; and if any person to whom such oath or affirmation shall be administered shall willfully and falsely swear or affirm touching any matter or thing material to the point in question whereto he shall be examined, he shall be deemed guilty of perjury, and upon conviction thereof shall be sentenced to suffer imprisonment at hard

labor for the first offense for not less than two nor more than ten years, and for the second offense for not less than five nor more than fifteen years.

Sec. 185. The clerk, marshal, and district attorney shall attend the criminal court and perform all the duties required of them by law in relation to the criminal business of the court.

(Repealed. 32 Stat., Part I, p. 527.)

[The clerk of the court in which any proceeding for divorce shall be instituted shall immediately notify the United States attorney of the institution of such proceeding, and it shall be the duty of said attorney to enter his appearance therein in order to prevent collusion and to protect public morals.]

11 Street Ext. 35 L. R., 320; 31

Sec. 186. THE MARSHAL.-There shall continue to be a marshal for the District, who shall be appointed by the D. C. App., 112. President of the United States, by and with the advice and consent of the Senate, for the same term, take the same oath, give bond with security in the same manner, and have generally, within the District, in addition to the powers and duties herein imposed upon him, the same powers and perform the same duties as provided for by the general statutes relating to marshals of the United States

Sec. 187. The fees and emoluments herein elsewhere authorized shall be charged for services rendered by the marshal of the District, and collected as far as possible, and covered into the Treasury of the United States; and the said marshal shall be paid in full compensation for all services rendered by him a salary of five thousand five hundred dollars per annum.

Sec. 188. The marshal shall pay to each bailiff and crier, and to each deputy marshal performing the duties of a bailiff or crier, who shall be required to attend upon the several terms of said court, one hundred dollars per month, and to each messenger appointed for the several courts, sixty dollars per month, said payments to be allowed in said marshal's accounts.

Sec. 189. VACANCIES.-In case of a vacancy in the office of United States attorney or marshal for the District of Columbia, the supreme court of the District of Columbia may appoint persons to exercise the duties of such officers until such vacancy shall be filled.

Sec. 190. THE CORONER.-There shall continue to be a coroner of said District, who shall be appointed by the [President of the United States, by and with the advice and consent of the Senate] Commissioners of the District of Columbia, and shall receive a salary of one thousand eight hundred dollars per annum. (32 Stat., Part I, p. 527.)

Sec. 191. BOND.-The coroner before he acts as such shall, within thirty days after his appointment, give bond to the United States, with security to be approved by the said supreme court and deposited with the clerk thereof

in the penalty of three thousand dollars, with a condition that he will well and truly execute the duties of his office, and well and faithfully execute and return all writs or other process to him directed, and will also pay and deliver to the person or persons entitled to receive the same all sums of money and all goods and chattels by him levied upon, seized, or taken, agreeably to the directions of the writ or process under which the same shall have been levied upon, seized, or taken, and shall also satisfy and pay all judgments which may be rendered against him as coroner.

Sec. 192. DUTIES.-It shall be the duty of the coroner to hold an inquest over any person found dead in the District when the manner and cause of death shall not already be known as accidental or in the course of nature. He shall make a monthly report to the Commissioners of the District of all inquests held by him during the month last past before said report, with a description as far as may be of the age, sex, color, and nationality of persons and the causes of their death, with such particulars as may be necessary to their identification; and as soon as possible after holding such inquest he shall deliver to the property clerk of the police department all moneys and other property and effects found upon the person of anyone on whom he shall hold an inquest.

Sec. 193. He shall not summon any jury of inquest over the body of a deceased person where it is known that the deceased came to his death by suicide, accident, mischance, or natural causes.-Act March 2, 1911 (36 Stat., Part 1, p. 974).

Sec. 194. WITNESSES.-Witnesses may be summoned and compelled by the coroner to attend before him and give evidence, and shall be liable in like manner as if the summons had been issued by a justice of the peace. And it shall be his duty, upon every inquisition taken before him, where any person is charged with having unlawfully caused the death of the person on whom the inquest is held, to reduce the testimony of the witnesses to writing, and if the jury find that murder or manslaughter has been committed on the deceased, he shall require such witnesses as he thinks proper to give a recognizance to appear and testify in said supreme court, and shall return to said court the said inquisition and testimony and recognizance by him taken.

Sec. 195. There shall be paid to the jurors and witnesses who may be lawfully summoned in any inquest the same fees and compensation as are allowed to the jurors and witnesses attending the supreme court. A coroner's jury shall consist of six persons.

Sec. 196. DEPUTY CORONER.-The Commissioners of said District shall have authority to appoint a deputy coroner, who shall assist the coroner in the performance of his duties aforesaid, and shall perform the same duties in case of the absence or disability of the coroner. He shall, while acting, receive compensation at a rate not

« iepriekšējāTurpināt »