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Elliott v. U. S., 23 D. C. App.,

App., 312; 25 S. C.

Sec. 62. POWERS OF JUSTICES.-The justices of said 456, 471; 29 D. C. court, in addition to the powers and jurisdiction possessed Rep., 569, 760; 199 and exercised by them as such, under said Act of March U. S., 61; sec. 760, third, eighteen hundred and sixty-three, and at the date of the adoption of this code, shall severally possess the powers and exercise the jurisdiction possessed and exercised by the judges of the circuit and district courts of the United States.

R. S. D. C.; 26 D.
C. App., 581.

U. S. v. B. & O. R. R., 26 D. C. App., 587.

Ib., Md. act,

sec. 63.

Sec. 63. TERMS.-The said court shall hold a general term and special terms. The general term shall be held by at least three justices and each special term by a single justice.

Sec. 64. The special terms of said court shall be known, respectively, as the circuit court, the equity court, the criminal court, the probate court, and the district court of the United States.

Sec. 65. The general term of said court shall be open at all times for the transaction of business; and said court, by orders passed in general term, may regulate the periods of holding the special terms, fix the number of said terms, and alter the same from time to time, as public convenience may require; may direct as many terms of any of the special terms to be held at the same time as the public business may make necessary; may assign the several justices, from time to time, to the respective special terms; may provide by rule of court for the transfer from time to time, as the occasion shall require, of a jury summoned to any one special term to any other special term having cognizance of jury trials, and for the filling of vacancies arising in such transferred jury; may establish rules of practice in said special terms not inconsistent with the laws of the United States; may appoint a clerk, an auditor, and also a crier [,] and a messenger for each court in special term, and all other officers of the court necessary for the due administration of justice, with the exception of all officers and employees in any manner connected with the probate term, and also United States. commissioners; may hear charges of misconduct against any justice of the peace, and remove them from office for cause shown; may admit persons to the bar of said court and dismiss them from the same, and may pass all other orders not inconsistent with existing laws which may be necessary to the effective administration of justice in said court, but said court shall not hear any cause in general term: Provided, That nothing in this section contained shall affect the jurisdiction of the supreme court of the District of Columbia in special or general term in the case of the United States versus Martin F. Morris and others, now pending therein, but the jurisdiction of the said court, both in special and general term, and the jurisdiction of the Supreme Court of the United States shall remain and continue as to said cause, under the Act of Congress entitled “An Act to provide for protecting the interests of the United States in the Potomac River Flats in the District of Colum

bia," approved August fifth, eighteen hundred and eightysix, and an Act of Congress approved January seventh, eighteen hundred and ninety-five, entitled "An Act supplementary to an Act entitled 'An Act establishing a court of appeals for the District of Columbia, and for other purposes, approved February ninth, eighteen hundred and ninetythree," and an Act of Congress entitled "An Act relative to the suit instituted for the protection of the interests of the United States in the Potomac River Flats," approved March second, nineteen hundred and one, as if the Act entitled “An Act to establish a Code of Law for the District of Columbia," approved March third, nineteen hundred and one, had not been passed (32 Stat., Part I, p. 522).

Sec. 66. All causes in said court shall be heard and Ib., 63. determined in special term. And the several terms are declared to be terms of the supreme court, and the judgments, decrees, sentences, orders, proceedings, and acts of said several terms shall be deemed judgments, decrees, sentences, orders, proceedings, and acts of the supreme court.

Gassenheimer v. U. S., 24 D. C.

R., 83.

Sec. 67. By mutual consent and arrangement between justices, civil causes may be certified by any justice hold- App., 312; 34 L. ing a circuit court to any justice holding a criminal court for trial in the latter; and, by similar arrangement, any cause may be certified by any justice to another justice, to be heard or tried by the latter, except that a criminal case can only be certified for trial from one criminal court to another criminal court. In the absence of any justice assigned to a special term, such special term may be presided over and its business conducted by any other justice. Sec. 68. WRITS.-The said supreme court may, in its appropriate special terms, issue writs of quo warranto, App., 148, 157; 38 mandamus, prohibition, scire facias, certiorari, injunction, prohibitory and mandatory, ne exeat, and all other writs known in common law and equity practice that may be necessary to the effective exercise of its jurisdiction. Any justice of said court may issue writs of habeas corpus, to inquire into the cause of detention or to discharge on giving bail.

McGowan v. Moody, 22 D. C.

L. R., 180.

U. S. v. B. & 0. R. R. Co., 26 D.

Sec. 69. CIRCUIT COURT.-All common-law civil causes shall be tried and determined in the circuit court, except C. App., 588. as herein provided.

Sec. 70. TRIAL BY COURT.-Issues of fact in civil causes may be tried and determined by the court without the intervention of a jury whenever the parties or their attorneys of record file with the clerk a stipulation in writing waiving a jury. The finding of the court upon the facts, which may be either general or special, shall have the same effect as the verdict of a jury.

Dudley v. Owen, 31 D. C.

Sec. 71. In such case an exception may be taken to any App., 177. ruling of the court during the hearing and to such finding on the ground that the evidence was insufficient in law to justify it, and may be stated in a bill of exceptions as in case of a jury trial.

Act of Md. 1797, ch. 87, sec. 9.

Kelly v. Moore,

26 D. C. App.,

489; 21 D. C.App.,

D. C.; 25 D. C.

Sec. 72. SPECIAL PANEL.-In all cases called for trial in said court in which either party shall desire a struck jury the clerk shall prepare a list of twenty jurors from the jurors in attendance and furnish the same to each of the parties, and it shall be lawful for each party or his counsel to strike off four persons from said list, and the remaining persons shall thereupon be impaneled and sworn as the petit jury in said cause; and if either party or his counsel shall neglect or refuse to strike off from said list the number of persons hereby directed, the clerk may strike off such names, and the remaining twelve jurors shall be sworn and impaneled as aforesaid. Or, instead of the proceeding aforesaid, if it shall not be insisted upon by either party, it shall be lawful for either party to furnish to the clerk a list of the jurors, not exceeding four in number, whom he wishes to be omitted from the panel sworn in the cause, and the clerk in making up said panel shall omit the jurors objected to as aforesaid: Provided, That nothing herein contained shall be construed to take away the right of any person to challenge the array or polls of any panel returned, according to existing law: And provided further, That nothing herein contained shall affect the right of the parties to have all or any of the jurors examined on their voir dire before the list is prepared to determine their competency to sit in the particular case. (32 Stat., Part I, p. 523.)


Sec. 73. BILL OF EXCEPTIONS.-If, upon a trial of a 22 D. C. App., 6. cause before a jury, an exception be taken, it be re250; 25 D. C. App., duced to writing at the time, or it may be entered on the 98;22 DC.APP.; minutes of the justice and afterwards settled in such [a] 325; sec. 803, R. S. manner as may be provided by the rules of the court and App., 477; 19 D. stated in a bill of exceptions, with so much of the subD. C. App., 583; 7 stance of the evidence as may be material to the questions D. C. App., 314; to be raised, and such bill of exceptions need not be sealed, 10 D. C. App., and shall be considered a part of the record in case of an 174; 12 D. C.App.; appeal from the final judgment rendered in the case.

C. App., 440; 23

9 D. C. App., 392;

1; 5 D. C. App., 217; 27 D. C. App., 433.

Slater v. Wil- Sec. 74. APPEALS FROM JUSTICES OF THE PEACE.-All lige, 16 D. C. appeals from a justice of the peace shall be heard and determined in the circuit court.

App., 364.

Sec. 774, R. S. D. C.

Sec. 778, R. S. D. C.

Sec. 75. In every case of an appeal from a justice of the peace, as soon as the appellant shall have made the deposit for costs required by law, or the rules of the supreme court, or obtained leave from one of the justices or from the court to prosecute his appeal without a deposit, the clerk shall docket the cause, according to its title, for trial before [the justice in the said circuit court, and shall issue a summons for the appellee to appear in said court on or before the tenth day, exclusive of Sundays and legal holidays, after the service of said summons.

Sec. 76. If the appellant shall fail to prosecute his appeal by making the deposit or obtaining the leave aforesaid within ten days after the approval of the appeal bond, the appellee may, upon making the deposit for costs, have the case docketed and move for affirmance of the judg

ment of the justice, or he may have a trial of the case upon its merits.

Sec. 77. If the first summons for the appellee be returned "not to be found," a second summons of the same kind and tenor shall be issued.

Sec. 78. If the appellee shall appear, in obedience to either summons, the case shall stand for trial in such order as the rules of said supreme court shall direct.

D. C.

Sec. 79. If the appellee shall fail to appear, although Sec. 777, R. S. duly summoned, or two successive writs of summons shall be returned "not to be found," and the appellee shall not appear, the case may then be heard and determined as if he had regularly appeared.

Cassidy v.

Roberts, 29 L. R.,

Sec. 80. On such appeal the circuit court shall, in a summary way, hear the case de novo upon the proofs and 76; Groff v. Miller, allegations of the parties, and determine the same accord- 20 D. C. App. iug to law and the equity and right of the matter; but Slater, 23 D. C. either party may demand a trial by jury.


356; Brown


App., 51; Robertson v. Sutherland, 22 D. C. App., 600; Okle v. Person, 23 D. C. App., 186.

[Sec. 81. No appeal from the judgment of any justice of the peace to the supreme court shall be dismissed because the same had been prayed to the term next after the rendition of such judgment, unless the court shall be satisfied that the defendant had notice of such judgment at least ten days before the sitting of court.

Sec. 82. In no case appealed from a justice of the peace shall there be any further appeal from the judgment of the circuit court (32 Stat., Part I, p. 523).1

Key v. Roberts, 189 U.S., 84. 20 D. C. App., 391;

U. S. v. B. & O. R. R. Co., 26

Sec. 83. THE CRIMINAL COURT.-The trial of crimes and misdemeanors committed in the District of Columbia shall App., 587. be in the supreme court of the District of Columbia holding a special term as a criminal court, except such misdemeanors as are within the jurisdiction of the police court, as to which said court shall have concurrent jurisdiction with said police court. In all trials in said special term exceptions may be taken by the accused to the rulings of the presiding justice and presented in bills of exceptions in the same manner as in the trial of civil cases [, subject to provisions herein elsewhere çontained].

Sec. 84. THE DISTRICT COURT.-The said district court Ib., 83. shall have and exercise the same powers and jurisdiction as the other district courts of the United States, and such further special jurisdiction as may from time to time be conferred by Congress, and of all proceedings instituted in exercise of the right of eminent domain.

Sec. 85. EQUITY COURT.-The equity court shall have jurisdiction of all causes heretofore cognizable in equity and of all petitions for divorce, except where the relief sought is hereby authorized to be given by the probate court only, and shall have the special powers hereinafter provided. And the practice in said court shall be according to the established course of equity and procedure and the rules established by the said supreme court of the District not inconsistent with law.

Maschauer v.

Maschauer, 23 D.


App., 92. Ib., sec. 83.

Sec. 149.


App., 243, 268; 1

D. C. App., 207; 6

18 D. C. App., 90;


295; 38 L. R., 145.

Sec. 86. Whenever any person or persons shall hold Young, 18 D. C. real estate, by descent or purchase, in the whole of which D. C. App., 326; 2 a widow is entitled to dower, either the widow or any D. C. App. 259; person entitled to said property or an undivided share 11 D.C. App., 116; therein may apply to said court to have the widow's Hasler wi dower therein assigned; and thereupon the court shall liams, 37 L. R., appoint three commissioners to lay off and assign said dower, if practicable, the report of said commissioners to be subject to ratification by the court. In all cases of partition between two or more joint tenants or tenants in common of real estate, in the whole of which a widow is entitled to dower, the said dower shall be laid off and assigned, in like manner, before said partition shall be decreed. When an estate of which a woman is dowable is entire, and the dower can not be set off thereout by metes and bounds, it may be assigned by the court as of a third part of the net rents, issues, and profits thereof.

Brooks v. Brooks, 28 L. R., 335, 339.

Sec. 149.
Hasler v. Wil-


Sec. 87. Whenever the widow of any tenant in common of real estate shall be entitled to dower in his undivided share of said property and a partition shall be decreed between his heirs or devisees and the other tenants in common, the said dower shall attach to and may, in like manner, be assigned and laid out in the shares assigned in severalty to the said heirs or devisees, and the shares of the other tenants in common shall be assigned to them, respectively, in severalty, free from such dower.

Sec. 88. Whenever an application is made to the court to decree a partition of real estate between tenants in common, it shall not be necessary to make the wife of any of such persons a party to the proceedings, but her right of dower shall attach to whatever part of such property may be assigned in severalty to her husband, and the other parts thereof shall be assigned free of said right of dower.

Sec. 89. Whenever a decree is rendered for the sale of liams, 37 L. R., land, in the whole of which a widow is entitled to dower, if she will not consent to a sale of the same free of her dower, the court may, if it appears advantageous to the parties, cause her dower to be laid off and assigned as aforesaid. If she will consent in writing to the sale of the property free from her dower, the court shall order the same to be sold free of her dower, and shall allow her, in commutation of her dower, such portion of the net proceeds of sale as may be just and equitable, not exceeding one-sixth nor less than one-twentieth, according to the age, health, and condition of the widow..

Sec. 90. Whenever real property is decreed to be sold for the purpose of division of the proceeds between tenants in common because the said property is incapable of being divided between them in specie, the court may decree a sale of the property free and discharged from any right of dower by the wife of any of the parties in his undivided share.

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