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17 D. C. App.,
Sec. 108. Every such order shall be published at least once a week for three successive weeks, or oftener, or for such further time as may be specially ordered; and no order or decree shall be passed against said absent or nonresident defendant upon proof of notice by such publication unless the complainant, plaintiff, his agent, or solicitor, or attorney shall file in the cause an affidavit showing that at least twenty days before applying for Leach v. Burr, such order or decree he mailed, postpaid, a copy of said 128; S. C., 188 U advertisement, directed to the party therein ordered to S., 510:47 L. Ed., appear, at his last known place of residence, or that he has been unable to ascertain the last place of residence of said party after diligent effort to ascertain the same. On failure of the defendant to appear in obedience to said notice within the time named therein, a decree or judgment by default may be entered: Provided, That if the said absent or nonresident defendant be an infant, the court shall appoint a guardian ad litem to answer and defend for him, and may assign counsel to represent him as provided in section one hundred and two.-Act of June 30, 1902 (32 Stat., Part I, p. 523).
567; 29 D. C.App., 433.
[Sec. 108. Every such order shall be published at least once a week for three successive weeks, or oftener, or for such further time as may be specially ordered; and no order or decree shall be passed against said absent or nonresident defendant upon proof of notice by such publication unless the complainant, plaintiff, his agent, or solicitor or attorney shall file in the cause an affidavit showing that at least twenty days before applying for such order or decree he mailed, postpaid, a copy of said advertisement, directed to the party therein ordered to appear, at his last known place of residence, or that he has been unable to ascertain the last place of residence of said party after diligent effort to ascertain the same. On failure of the defendant to appear in obedience to said notice within the time named therein, a decree or judgment by default may be entered at the next rule day thereafter: Provided, That if the said absent or nonresident defendant be an infant, the court shall appoint a guardian ad litem to answer and defend for him.]
Sec. 109. If the court shall be satisfied that said absent or nonresident defendant is non compos mentis, notice may be given to him by publication as aforesaid, and upon his failure to appear such decree or judgment may be passed as the circumstances of the case may require: Provided, That no decree or judgment shall be passed unless the case is fully proved; and the court shall assign a solicitor or attorney to represent such nonresident de-` fendant, and such solicitor or attorney shall be paid by the complainant or out of the estate of the defendant, at the discretion of the court.
Sec. 110. UNKNOWN HEIRS] parties.-Upon allegation under oath, and proof satisfactory to the court, that it is unknown whether one who, if living, would be a proper party to any judicial proceeding is living or dead, such party may be proceeded against as if he were living, and with like effect, provided no representative of or claimant under such person shall intervene in the suit before
v. 23 D.
24 D. App., 51, thews, 4 D. C.
C., 168 U. S., 278;
final determination thereof, after notice by publication as in the case of nonresident parties. If such person be dead, and it is unknown whether he died testate or left heirs, or his heirs and devisees be unknown, such unknown persons may be described as the heirs or devisees of the person who, if living, would be the proper party, and notice shall be given by publication to such persons according to such description, and the same proceedings shall be had against them as are had against nonresident defendants, except that said notice shall be published at least twice a month for such period as the court may order, which period shall not be less than three months without good cause shown, and which notice shall require said parties to appear on or before the first rule day occurring after the expiration of such prescribed period, and no decree shall be passed against said parties unless the court shall be satisfied that due diligence has been used to ascertain such unknown heirs. (32 Stat., 524.) Sec. 111. ADVERSE POSSESSION. When title to any 21 D. C. App., Gwin v. Brown, real estate in the District of Columbia shall have become 295, 306; Johnson vested in any person or persons by adverse possession, C. App., 141, 148; the holder thereof may file a bill in the supreme court of Harvey v. Miller the District of Columbia to have such title perfected, in 53; Herner v. Mat which bill it shall be sufficient to allege that the com- App., 380; 5 D. C. plainant holds the title to such real estate, and that the App., 397; 146 S. same has vested in him, or in himself and in those under whom he claims, by adverse possession; and in such 12 D.C. App., 51; action it shall not be necessary to make any person a S. C. Rep., 174 U. party defendant except such persons as may appear to Rep., 832; 16 D. C. have a claim or title adverse to that of the plaintiff 184 U. S., 99; 22 S. complainant. Upon the trial of such cause, proof of the C. Rep., 458; 32 D. facts showing title in the plaintiff] complainant by D. C. App., 338; adverse possession shall entitle him to a decree of the 23 D. C. App., court declaring his title by adverse possession, and a 105:13 D. C.App., copy of such decree may be entered of record in the office of the recorder of deeds for said District. In any such action if process shall be returned not to be found, notice by publication may be substituted as in case of nonresident defendants. If in any case it shall be unknown whether one who, if living, would be an adverse party is living or dead, or in the case of a decedent, whether he died testate or left heirs, or his heirs or devisees are unknown, the cause may be proceeded with under the provisions of section one hundred and [nine] ten: Provided, That the rights of infants or others under legal disability shall be saved for a period of two years after the removal of their disabilities: Provided, however, That the entire period during which such rights shall be preserved shall not exceed twenty-two years from the time such rights accrued, either in said [claimant] complainant or in the person or persons under whom he claims. (32 Stat., 524.)
18's. c. Rep., 65; 17 S. C. Rep., 927;
S., 719; 19 S. C.
595; S. C.,
C. App., 205; 29
434; 8 C.
30; 30 Stat., 1379.
Sec. 112. CORPORATIONS.-In a suit against a corporation, whether foreign or domestic, if process can not be served, such corporation may be proceeded against as a
nonresident defendant, by notice by publication. Sec. 1537.
Sec. 113. ENFORCEMENT OF DECREES.-The said court may, for the purpose of executing a decree, or to compel obedience to the same, issue an attachment against the person of the defendant, and may order an immediate. sequestration of his real and personal estate, or such part thereof as may be necessary to satisfy the decree, or may issue a fieri facias and attachment by way of execution against his lands, tenements, chattels, and credits, or other incorporeal property, to satisfy the decree; or the court may, by order and injunction, cause the possession of the estate and effects whereof the possession or a sale is decreed to be delivered to the complainant, or otherwise, according to the tenor and import of the decree and as the nature of the case may require; and in case of sequestration may order payment and satisfaction to be made out of the estate and effects so sequestrated, according to the true intent and meaning of the decree; and in case any defendant shall be arrested and brought into court upon any process of contempt issued to compel the performance of any decree, the court may, upon motion, order such defendant to stand committed, or may order his estate and effects to be sequestrated and payment made, as above directed, or possession of his estate and effects to be delivered by order and injunction as above directed, until such decree or order shall be fully performed and executed, according to the tenor and true meaning thereof, and the contempt cleared; but where the decree only directs the payment of money no defendant shall be imprisoned except in those cases especially provided for.
Sec. 114. All interlocutory orders may be enforced by such process as might be had upon a final judgment or decree to the like effect, and the payment of costs adjudged to any party may be enforced in like manner.
Sec. 115. An order or decree for the delivery of chattels may be enforced by the same writs as are used in the action of replevin at common law, as well as those heretofore used for its enforcement in equity practice.
Secs. 115a to 115f, inclusive, in
Sec. 115a. LUNACY PROCEEDINGS.-All writs du lunaserted by act tico inquirendo shall issue from said equity court, and June 30, 1902 (32 the justice holding said court shall preside at all inquisi
Apr. 27, 1904 (33
See also act of tions of lunacy, and, when necessary, may use a jury Stat., Part I, p. from either the circuit or criminal court, or may cause a special jury to be summoned for such inquisitions.
That hereafter the proceedings instituted upon petition of the Commissioners of the District of Columbia to determine the mental condition of alleged indigent insane persons and persons alleged to be insane, with homicidal or otherwise dangerous tendencies, shall be according to the provisions of the code of law for the District of Columbia relating to lunacy proceedings: Provided, That the jury to be used in case the
said Commissioners are the petitioners shall be impaneled by the United States marshal for said district, upon order of the court, from the jurors in attendance upon the criminal courts of said District, who shall perform such services in addition to and as part of their duties in said criminal courts: Provided further, That during such time as jurors are not in attendance upon said criminal courts the court may direct the said marshal to impanel the jurors in attendance upon the police court of said District, who shall perform such duties in addition to and as part of their duties in said police court; or the said court may direct a special jury to be summoned for such inquisitions. In case any such person adjudged to be of unsound mind has property, real or personal, the equity court of said District shall have full power in the same cause to appoint a committee or trustee of the person and estate of such person, according to the provisions of said code, and such committee or trustee shall reimburse, out of the funds of the lunatic, the District of Columbia for all court costs expended or incurred by it and for all moneys by it expended or costs incurred in caring for and treating such insane person up to the time of such appointment.
Sec. 2. That in case any person adjudged to be of unsound mind in the District of Columbia who is committed to the Government Hospital for the Insane, or any other institution, recovers his or her reason, and who is discharged from such institutions as cured, the superintendent of said Government Hospital for the Insane, or the official in charge of any such other institution where such person has been under treatment and has been so discharged, shall immediately thereafter file with the clerk of the supreme court of the District of Columbia his sworn statement that such person, in his opinion, was at the time of his discharge of sound mind, and such statement shall be sufficient to authorize the court to pass an order declaring such person to be restored to his or her former legal status as a person of sound mind.—Act approved February 23, 1905 (33 Stat., Part I, p. 740).
Knott et al. v. Giles, 27 D. C.
29 D. C.
D. C. App., 346
Sec. 115b. ESTATES OF LUNATICS.-The said court shall have full power and authority to superintend and direct App., 581; 35 L. the affairs of persons non compos mentis, and to appoint a App., 519; Maccommittee or trustees for such persons after hearing the key. Peters, 22 nearest relatives of such person or some of them if residing 352; ib., sec. 72. within the jurisdiction of the court, and to make such orders and decrees for the care of their persons and the management and preservation of their estates, including the collection, sale, exchange, and reinvestment of their personal estate, as to the court may seem proper. The court may, upon such terms as under the circumstances of the case it may deem proper, decree the conveyance and release of any right of dower of a person non compos mentis, whether the same be inchoate or otherwise.
Sec. 115c. The court shall have the same power in respect of the freehold or leasehold estates of such persons App., 382; Md. as is provided for in relation to the estates of infants, sec. 3.
Clark v. Matthewson, 7 D. C. act 1800, ch. 67,
to be exercised upon the application of the guardian, trustee, or committee of such persons; and upon the death of any such person non compos mentis the proceeds of any sale of his estate which may have been invested otherwise than in real estate shall be deemed real estate, and shall descend as the property or estate would if it had not been sold.
Md. act 1785, ch. 72, sec. 6.
Sec. 115d. The said court may order any part of the estate of a person non compos mentis, for whom a committee, guardian, or trustee has been appointed, to be sold, when necessary for his maintenance, upon application of said committee, guardian, or trustee, and full proof of the necessity of such sale. Upon the application of any judgment creditor or mortgagee of a person non compos mentis the court may decree a sale of the real or personal estate of such non compos mentis, or such part thereof as may be necessary to pay the claim of such creditor, upon being satisfied that such claim is just and there are no other means of paying the same.
Sec. 115e. No sales of the property of infants or persons non compos mentis made by authority of the foregoing sections shall be valid and effectual to pass title to the property sold until they have been reported to and ratified by the court.
Knott v. Giles,
27 D. C. App.,
1873, ch. 21.
Sec. 115f. DRUNKARDS.-Whenever any person resid581; L. A. acts, ing in said District, and owning any estate, real or personal, situate therein, is unfit from the habitual use of intoxicating liquors, or from the habitual use of opium, cocaine, or any similar substance, or any compound or derivative thereof, to properly manage or control the same, the said court, on the petition of any creditor or relative of such person, or if there be no creditor or relative, upon the petition of any person living in said District, and upon summons being regularly served upon such person so alleged to be unfit to manage or control his property as aforesaid, commanding him to appear and answer such petition, may order a jury to be summoned to ascertain whether such person be an habitual drunkard or addicted to the habitual use of opium, cocaine, or any similar substance or any compound or derivative thereof and unfit from any of these causes to manage and control his property, and if the jury shall find that such person is an habitual drunkard or an habitual user of opium, cocaine, or any similar substance or any compound or derivative thereof and unfit to manage or control his property, such finding, when confirmed by the court, shall be entered of record in said cause, and it shall be the duty of the court thereupon to appoint some fit person to be committee of the person so declared unfit to manage or control his property as aforesaid.
Such committee before entering upon the discharge of his duties shall execute a bond, with surety, to be approved by the said court or one of the justices thereof, to