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SEC. 12. Whenever personal notice is required to be given to any party to a proceeding in the orphans' court, and no other mode of notice is prescribed, it shall be given by summons, issued from the court, and under the seal of the court, directed to the marshal, and requiring him to summon such person to appear before the court or judge, at a time and place to be named in the summons. In the body of the summons shall be briefly stated the nature or character of the proceeding.

SEC. 13. Where the appearance of a party required to be notified is necessary to the determination of any matter pending in the orphans' court, and it appears, by the return of an officer, that such person. cannot be found, or by affidavit that such person is a non-resident of this District, or that his residence is unknown, notice may be given him of the pendency of the proceedings by publication, in such manner as the court may direct; and the court may proceed upon such notice as if the summons had been personally served.

SEC. 14. Summonses, unless otherwise required by law, shall be returned at such time as the orphans' court shall direct.

SEC. 15. The jurisdiction of the orphans' court shall extend over the estates of all persons deceased who, at the the time of their decease, were inhabitants of or residents in this District; and of all persons who shall die without this District, leaving personal estate within this District, or whose personal estate may afterwards be found therein.

SEC. 16. The rules of proceeding and practice in the circuit court, so far as the same may be applicable, shall be the rule of the orphans' court, except in such matters as are otherwise provided for by law. The orphans' court shall have power to make rules for regulating the practice and conducting the business of said court, in all cases not provided for by law, where the rules of proceeding and practice in the circuit court are not applicable.

SEC. 17. The judge of the orphans' court shall be a conservator of the peace, and shall have full authority to administer all necessary oaths.

SEC. 18. The orphans' court shall have power to hear and determine upon all errors and matters of fact that may happen in the proceedings depending in said court, and to cause to be corrected any clerical error that may happen in making up the records of said


SEC. 19. The orphans' court shall be held in the city of Washington on the first Monday of each month in every year, and at such other times, for the transaction of business, as the judge thereof may appoint.

SEC. 20. When the judge of the orphans' court is not present at the time and place appointed for holding said court, whether at the beginning of a term or at any adjournment, the register of wills shall adjourn it until the next regular day for holding the same.

SEC. 21. All process issuing from the orphans' court shall be tested in the name of the judge of said court.

SEC. 22. The orphans' court shall have authority to punish by fine and imprisonment, or either, all contempts of its authority and process.

SEC. 23. The judge of the orphans' court shall receive an annual salary of two thousand five hundred dollars, and shall be paid in quarterly payments out of the treasury of the United States, and in the same proportion for any part of a quarter.

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SECTION 1. The present register of wills shall continue to hold his office, according to the tenor of his commission; and as a vacancy occurs, the orphans' court shall appoint a proper person to be register of wills, to serve as such during the pleasure of said court.

SEC. 2. Every person who shall be appointed register of wills, shall, before entering upon the duties of his office, give bond to the United States, to be approved by the judge of the orphans' court, in

a sum not less than eight thousand dollars, with two sufficient sureties, with condition for the faithful discharge of the duties of his office. He shall also be sworn to the faithful discharge of the duties of his office, which oath shall be administered by the judge of the orphans' court.

SEC. 3. The register of wills may appoint one or more deputies, who, except where otherwise provided, shall have the same power as their principal. The appointment shall be in writing, and signed by such register, and filed in the office of the recorder; he may revoke the appointment of any deputy, at will, by writing filed in the same office. Each deputy, before entering upon his duties, shall take an oath of office, which shall be endorsed on his appointment.

SEC. 4. Such register may take from each of his deputies a bond, with sureties, for the faithful performance of his duties; but the register and his sureties on his official bond shall be liable for all the official acts of each deputy.

SEC. 5. All process issued by any deputy register shall be issued in the name of the principal.

SEC. 6. Such register shall attend every sitting of the orphans' court. He shall keep his office in the building provided for that purpose, where he shall attend daily, and shall take charge of and safely keep, or dispose of according to law, all books, papers, and records, which may be filed or deposited in his office.

SEC. 7. The register shall record the proceedings of the orphans' court; shall endorse under his hand on all writings required to be filed in his office, the time of filing thereof; shall issue all process required to be issued from the orphans' court; shall keep such dockets and other books of record as may be required by law, or by the rules of the court; and shall record in books to be kept for that purpose, under the direction of the court, all orders, judgments, and decrees of said court, and also all wills proved in said court, with the probate thereof, all letters testamentary and of administration, returns, reports, accounts, and all bonds, and such other acts and proceedings as he shall, by the rules of said court, or by any special order of the judge thereof, be required to record.

SEC. 8. The provisions of sections ten, eleven, twelve, and fourteen, of chapter seventy-six, shall apply to the register of wills, as well as the clerk of the circuit court.

SEC. 9. The judge of the orphans' court shall, at least once in every year, examine the register's office, and enter on record the manner in which the books, records, and papers thereof are kept.

SEC. 10. The register shall have a proper alphabetical index to each record book in his office.

SEC. 11. Unless otherwise specially prescribed, the register shall have power to administer all oaths necessary and proper to be taken touching any matter pending in the orphans' court, or in any manner connected with any proceedings of which such court has jurisdiction; and he shall have power to issue citations and summonses upon the application of any party, without the order of the judge, except in those cases in which such order is specially required by law for the issuing of a citation or summons.

SEC. 12. In case of the disability or absence from this District of the judge of the orphans' court, the register of wills shall have authority to proceed in any matter depending in said court as fully as the said judge himself might do were he present and able to act.




1. Of the powers and jurisdiction of the district court.

2. Who shall hold the district court, and when.


3. Who shall hold the district court in case
of sickness or disability of judge.
4. Judge may sit in appeal upon his own

SECTION 1. There shall be and hereby is continued a court in this District to be called the district court of the United States for the District of Columbia, which court shall have and exercise within this District the same powers and jurisdiction which are by law vested in the district courts of the United States, except where it is otherwise expressly provided.

SEC. 2. The chief judge of the circuit court of this District shall hold a district court of the United States in and for this District on the first Mondays in June and December in every year, and shall have, exercise, and perform within this District all the powers and duties possessed, exercised, and performed by the district judges of

the United States within their respective districts, except where it is otherwise expressly provided.

SEC. 3. In case of the sickness or other disability of the judge of the district court of the United States for this District, which shall prevent him from holding any stated or appointed term of the district court, upon the fact of such sickness or other disability being certified by the clerk of said district court to the assistant judges of the circuit court of this District, it shall be the duty of the senior assistant judge of said court to hold the district court, and discharge all the judicial duties of the district judge who shall be sick or otherwise disabled, so long as such sickness or disability shall continue. In case of the sickness or other disability of said senior assistant judge, the same duty shall devolve on the junior assistant judge of said circuit court. The acts and proceedings in said district court, by or before either of the said assistant judges so required to hold said district court, shall have the same force, effect, and validity as if done and transacted by and before the district judge of said district court.

SEC. 4. The associate judge holding the district court shall be empowered to sit in the circuit court in any case of appeal or of error from his own decision in said district court in the same manner as if said district court had not been held by him.


Of the proceedings in civil cases in the circuit court of the District of Columbia.

CHAPTER 80. Of the forms of civil actions, and of the parties thereto.

CHAPTER 81. Of the manner of commencing civil actions.

CHAPTER 82. Of the pleadings in civil actions.

CHAPTER 83. Claim and delivery of personal property.

CHAPTER 84. Of injunctions.

CHAPTER 85. Of attachments.

CHAPTER 86. Of receivers and deposit in court.

CHAPTER 87. Of issues.

CHAPTER 88. Of trial by jury.

CHAPTER 89. Of trial by the court.

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