The evening times., 1900-04-04

dirtiuu OF the Present OmeiRI.
The introduction Of bill in the Senate
Yesterday looking TO the creation Of
Probate aud Divorce C7u.t as a separate
branch OF the supreme Court OF the Dis
trict is in jtc uot-re o. things. the b.
ginning @. Gsai against the adoption Of
the section o. JIC proposed new cole O.
laws for the goyenueuJ Of the Distlct
which provides ICr the adjustment OF the
Office Of Register q wills. The bill pc
yides that the new court shall be PEE
sized over by an 8ddit oual Jusuc Of the
Supreme Court of the District. who shall
be appointed by the President, and -aNt
the Register OF Wills shall act IS Cerk
of the court. The new code p-oN-les
that the Office of Register of Wi, snail
be abolished. and that the duties lOw pr
formed by that officer shall come uGcef
the jurisdiction Of the C.eTk Cf the Sd
preme Court OF the Dist let
Among the reasons adyenCct for the
abolition Of the office OF the Register q
Wills for the DisuiCt are, Fir tntt Z
viii reduce the expense 10 iIgants, ard
also that it will permit OF greater 'olye-
nienCos 10 litigants and attorneys in tie
matter Of appeal from the decision OF the
AAt-tHN6ls ll ltsN hls'l-ANHo VI AAt 'll4.- was
connected with that Of the Clerk OF the
Supreme Court for the District The
abolition Of the office il is stated. is IA
yored by a majority Of the local bar.
The bin pryiding for the Cstabli shMCnt
OF a Probate and Divorce Court requires
that all proceedings fer divorce ct tha
annulmeEt Of marriage shall be held in
open court. Under the present moae OF
procedure nearly all matters in OOnne stiCn
with divorce proceedings are d te-Uinei
BY testimony ga the form Of depCsitioEs
presented TO one of the Justices presld ns
m equity
The statement that the r. g.s.e- & WIS
has not the power to certify TIE IerU- IS
Of the court for use In other jurisdi tons
is denied by many OF the friends Of Mr.
Dent. the present incumbent OF the office.
It is claimed that under the statute Ie
has this power. and daily exercises u by
certifying records Cf the Probate Court
for jurisdictions in different paris OF tha
United States and IN matters Of appeal 20
the Court Of Appeal for the District. An
other reason advanced against merging the
two offices is that it woaid pace Washing
ton alone among the large cities Of tie
country as one without slfiiCn- 90 II IA
cilities for the despatch Of al probate
business
Following is the full text Of the bill.
BE it enacted Iy the senate and H1u-, of R,Urs-
suts'iyCs ei The United States rf America iu Com
cre.s assembled That there -hali boz aud tHere Is
hereby established in the District oi Columbia ID
Court. to De- known As The Court Of Probate and
Divorce ot the District q Columbia which shall
be presided over 10y one Justice. who shall bg
appointed by tEe Prt-ideut, hy and with Che adj
vice and consent gf tha senate. aud s.lI bold
Office during -C0i behavior
Section p That said Justice shah receive an ar-
uuai salary At St.5u1, payable m0utaly at tHe
Treasury Cf OBJ. United State. one half Uf which
/ az If o.
Of Columbia.
Section g. That said Justice. before be- enters
upon 90, dutis- u. bis office. shall take the oath
prescribed by law to De- taken by the Judges of
the courts of jle United states.
Section g. It-t tae -tlu .t.UIJ shall have and
exercise exclusive IuI-oICuou iu all matters and
rIu-es relating tp the fdIrri-trltiou and settle
ment and distribution 80 ih- estates ot deceased
p,r-0us. the estates and persons oi minors and u-
competent or insane I'ei-'u-. and iu au cases 81
I divorce auuuIweut of marriages. Go th, same
Columbia now has Iur -iiCtion uf such mat crs AMI
causes. Provided. chat Ia all proceedings Tor de
vCrCe and Juuulmsut of marriage, the testimony
/ shall be taken in open court q shall also Iavs
| exclusive Jurisdiction Jt common law and lu
equity ui ail CEu>Cs involving fhe sale of the real
! estate Of d deccgsa' person tcr tEc pJymcrt o;
debts or ltg4oios riss sale Dt zeal estate Cf iu-
/ iarts. incompetent or insane persons, except iu
ca.gS az partition. tne settlement ur Impeachment
Of accounts az personal representative of deceased
pgTsOUE- guardians ui infants and committee ei
.
power 90 gupIuel jury aud ro thy any and at
issues Of fact boo C1usgS and matters within lts
Jurisdiction which it Is legal and proper lo SO rg
under the laws and practice ln force ia the Dis
I trict 0f Columbia. And whenever jury shall De
required for Said Court. the Clerk of the supreme
Court uf the District NJ Columbia shall draw the
names Of the jurors from The box in the same
manner required BY law for the drawing Of jurors
I 90 serve in the la-t-uaWcd court certified copy
/ of order by the said Court ot Probate and Dl-
vo-ce requiring jury ta be- cr7 +u, lodged ln tac
a.. a a.. me .|
/ De sufficient authority for said Clerk TO draw lie
/ SINE.
section , The Register ~ Wills oi the Dis
4 ,rict of Columbia. il addition to the duties now
required 81 him. 10y himself and assistants. shall
/ act a. and nefforIn Che dn..eS of clerk of said
/ Court OF Probate and Divorce. snail sign and at
/ test all proe,ss and ordsrs lsSei ly s71d court.
and shall certify All records ~ the same. Tie shall
/ be- and hereby j. officially designated Register Ci
! Wills and CLERK of The Court of Probate and Di-
vcrcc. Aud the said Register 0f Wills iu any case
] where there I- ro controversy. may admit VIII
! 60 probate. appoint executor or administrator
o. guardian OF OomWitt,, ai Iu insane person sub
! jc,t t1 review by the court Ie shall also have
J power tI pass claims against the estates of de-
I ceased persons, irrespective c. amount, The limit
Of his jurisdiction tu claims of $500 less. as
heretofore fixed hy law. hyrg hereby removed.
I DE shall also hsvc power t' regulate the number
and CoWQgUsst.fI ui tHr tu IloFrs uI h.s Office
as Doe may deem Ucoc -rrT for thC proper execution
| of the work. The compensation oi the Register
I Of Wills shall De-. and hereby g.. fixed at 5000
,
I RccoTtCr-0i Deeds provided. that bis cUmpcn-a-
! tion. o., well as tlat of fis employees. shall ne
paid together with other expense of the office.
out Of the fees derived tugr from. and shall not
/ be a charge ur7n ihe Treasury Of Che United
{ States
/ Section e. Th.' said court shah have power to
fix time. toi holding tCnUs Of said court, 20 ma Ae
I an rules Of practice s5d court not iucou~ist ut
| with law. and t1 alter aud amcRd the same ir. M
time TO time, and Co prescribe forms oi process 90
be issued IN thc exercise of its jurisdiction. Il
shall also have power Co fix 81 fees Co De charg
hy the Register ot Wills. for the services ROW
I rendered hv him well as FOR The additional
Z services prescribed 10y thi- Act. provided thIt
| there shall hc no substantial reduction Of the
I same. and Co regulate the time and manner Of
I collecting them from the parties for whom, such
| services are rendered or are 90 be rendered
Section :. Upon the passage Of this Act all tbC
! papers and records in and pertaining 10 the Office
Of Register Of Wills OF the District Of Column
bia shall be and become records and flee Of said
and causes then pending IL the supreme Court Of
Of Probate and Divorce is given jurisdiction by
the fourth section 81 this Act. shall be and arc
hereby transferred from the said Supreme Court
TO the said Court Of Probate and Divorce and the
Clerk Of the slid supreme Court shall deliver c,
| the said Register Of Wills Clerk Of the SAID
Court Of Probate aud Divorce. all original pGpeu
| In pertaining 90 said matters and causes to
gcther with copies 2i all orders made therein by
said Supreme Court
Section 8 An appeal shall lie from the orders