Evening star. [volume] (Washington, D.C.) 1854-1972, 1901-07-08
CHANGES IN THE CODE
SOME AMENDMENTS PROPOSED BY
THE BAR ASSOCIATION.
Justices of the Peace-Publicati0n Of
Orders-Probate Law and
Other Sections.

The proposed amendments to the act of
March 3. 1901. establishing a code of law
for the District of Columbia. prepared by
the committee on legislation of the local
Bar Association, have been printed
Among other things. it is provided that
! no justice of the peace shall practice law
while holding office: providing that justices
of the peace are authorized to issue writs Of
execution to remain in force for three years
and no more.
1t Is also provided that justices of the
peace retiring from Office when the code
goes into effect shall turn over to the clerk
OF the Supreme Court Of the District all
dockets and original papers in their possess
sion in all cases, whether closed or pend
ing. A penalty OF $50 is provided in case
OF failure to make such delivery.
Process Against Infants.
Regarding processes against infants. 1t is
provided as follows:
Whenever an infant is a party defendant
to any suit, in equity or at law the sub
pcena or summons issued in such suit shall
be served upon him personally If within
the District, and said infant shall in such
case be produced in court, unless, for cause
shown, the court shall dispense with his APP
pearance. and it shall be the duty of the
court to appoint 4 suitable and competent
person guardian ad litem for such infant.
10 appear for and defend such suit on his
Dehalf, and whenever in the judgment of
the court the interests of such infant shall
require 1t the court shall assign a solicitor
or attorney to represent such infant, whose
compensation shall be paid by the plaintir
or out of the estate of such infant, at the
discretion of the court.
Publication of Orders.
Section los, relating to publication of or
ders, Is amended so as to provide that every
such order shall be published at least once
week for three successive weeks, or
oftener, or for such further time as may
be specially ordered; and no order or de-
cree shall be passed against said absent or
nonresident defendant upon proof of notice
by such publication unless the complain
ant, plaintiff his agent or solicitor or at
torney shall file In the cause an affidavit
showing that at least twenty days be-
fore applying for such order or decree
he mailed postpaid, 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, decree or Judg-
ment by default may be entered: Provided
That If the said absent or nonresident de-
PENDANT be an infant. the court shall APP
point a guardian ad litem to answer and
defend for him and may assign counsel to
Regarding Estates.
Regarding wills, it is provided that If
administration is granted and a will is af-
terward found and proved and letters tes-
tamentary issued thereon. preceding let
tiers Of administration shall be thereby re-
voked.
In case Of will being proved after par
tial or complete distribution Of the estate
the Distribute or distributes shall be re-
t,rk 80 ~ oIv x,;-k-1
distributing party for the property or it's
value to those entitled thereto.
1t Is provided that no distinction shall be
made in distributing personal estate be-
tween the whole and the half blood
Deeds of Real Property.
Under the caption Of deeds Of real prop
erty 1t is provided that If the wife of an
executing party more than eighteen years
old desires to release her dover in property
she may do SO either by joining in the deed
or making a separate deed.
Any acknowledgment Of deed out of the
District and within the United States must
be made before a proper legal officer and
accompanied by certificate from a regis
ter. clerk or other public officer.
1t Is provided also that no deed Or con-
veyance of real estate by individuals shall
be executed or acknowledged by attorney.
when two or more deeds of the same prop
erty are made to bona fide purchasers for
value without notice 1t Is provided that the
deed or deeds first delivered to the recorder
Of deeds to be recorded according to law
shall be preferred.
1t is also provided that any deed convey
ing real property in the District and de-
livered to the person in whose favor the
same is executed shall be held to take ef-
feet from the date of the delivery thereof.
except that as to creditors and subsequent
bona f1de purchasers and mortgages with
out notice of said deed. and others inter-
ested in said property. 1t shall only take
effect from the time of its delivery to the
recorder Of deeds for record.