Evening star., 1901-07-10

$500 dollars -
It is also provided that any person who
shall maliciously cause to be recorded any
deed, contract or other Instrument purport-
Ing to convey or relate to any land with
intent to extort money or anything of value
fined not less than $500 and imprisoned not
more than two years. or both.
Section 918 is amended SO as to give in all
trials for capital offenses twenty peremp-
tory challenges each to the accused and the
United States: In trials for offenses punish
able by Imprisonment In the penitentiary
ten peremptory challenges each, and in all
other criminal cases three such challenges
shall be treated as one person in the allow
ance Of such challenges.
Causes for Divorce.
Sections 968 and 967 Of the code are
stricken out and the following inserted
Section 968-Causes for divorce vinculo-
decree Of divorce from the bond of matri-
mony may be granted in any Of the follow
ing cases. namely:
First. Where either party has committed
adultery during the marriage, unless the
same has been with the consent or con-
nivance of the other party or, after knowl-
edge Of the fact, he or she has continued
voluntarily to cohabit with the guilty
party.
Second Where the party complained of
has been an habitual drunkard for the
period Of three years.
Third. Where the party complained Of has
been guilty Of cruelty Of treatment, en-
dangering the life or health Of the other
party.
Fourth. In case of willful desertion and
abandonment Of he complainant by the
other party for the full, uninterrupted peri
cd of two years.
Section 967-Causes for divorce a mensa
ct thoro-A divorce from bed and board
may be granted for either of the following
causes, namely:
First. Cruelty Of treatment by either
party endangering the life or health of the
other party.
Second. Reasonable apprehension by one
party of bodily harm from the other.
Other Changes of Sections
1t Is provided to amend section $50, relat-
ing to outstanding legal titles, so as to
read: "It shall be no bar to the plaintiffs
recovery that the legal title to the property
claimed is outstanding in another as mort
gagee or trustee under a mortgage or deed
of trust to secure debt unless such mort
gagee or trustee, or those claiming under
him, has taken possession Of the premises:
or unless the defendant claims under such
mortgagor or grantor in the deed of trust"
Section 800 is amended 50 that 1t will read
as follows:
Mesne Profits and Damages.-The plain
tiff may embody in his declaration, in
separate count,a claim for the mesne profits
received by the defendant from the prop
erty sued for or for the clear value of the
use and occupation thereof extending to
the time of the verdict, and also damages
for waste or injury to the premises during
said period; and If the jury lind for the
plalnt1n they may, at the same time. find
and assess the said niesne profits, or the
Value or SAID use and occupation and the
amount Of said damages; and, besides a
judgment for the recovery Of the property
there shall be rendered judgment against
the defendant for the amount so found by
the jury. 81
Relating to Improvements.
Section 1908 relating to improvements,
Is amended to read as follows:
Sec. 1903. improvements. at any time
before the trial the defendant shall give
notice that If the verdict Of the jury shall
be in favor of the plaintiffs title the de-
fendant will claim the benefit of permanent
improvements that may have been placed
on the property by the defendant, or those
under whom he claims and shall offer evil
dence at the trial tending to show that he
or those under whom he claims had peace
ably entered into possession of the prem
ises in controversy under a title which he
or they had reason to believe, and
did believe, to be good. and had
erected valuable and permanent improve
ments on said property, which were begun
In good faith before the commencement Of
the suit. the jury shall be directed. in case
they find in favor Of the plaintiffs title and
also find that such permanent improve
ments were made by the defendant or
those under whom he claims under the cir
cumstances aforesaid, to assess:
First. The damages OF the plaintiff, be-
ing the clear value over and above taxes
and necessary expenses Of the use and Oc-
cupation of the property exclusive Of said
improvements, during the whole period Of
the occupation Of the same to the date Of
the verdict. and also any damage done to
the property, by waste or otherwise by
SalQ parties during said
second. The present value Of any perma-
nent improvements which may have been
placed on the premises by the defendant or
those under whom he claims.
Third. The present value Of the property
OF the plaintiff without and exclusive Of the
said improvements.
Sec. 1904. If either party shall feel ag-
grfeved by said assessment he may, within
four days after the verdict move to set
the assessment aside, and the court may,
Tor good cause shown, set the same aside
and order another Jury to be impaneled In
the cause to make a new assessment.
All the provisions Of this subchapter shall
apply to personal property generally except
where from the nature of the property they
are inapplicable.
Property Subject to Attachment.
Section 1888. indicating on what attach
ments may be levied. is amended to read
as follows:
An attachment may be levied upon the
Judgment oeptorS 8 gOO0S, cndttelS ana
credits.
1t is also provided to amend section 1901
by adding thereto the following paragraph:
The attachment may also be levied upon
money or property of the defendant in the
hands OF an executor administrator, and
shall bind the same from the time Of ser
vice: but If the executor administrator
shall make return to the writ that he can
not certainly answer whether the defend
ants share Of the money or property In his
hands Will prove sufficient to pay the plain
tirs debt, no judgment of condemnation
shall be rendered as against such executor
or administrator until the passage by the
Orphans Court of his final or other account
showing money or property in his hands to
which the defendant istentftled.
Usury and Unla1vfuT Interest.
Section 11s0. headed ''Wiat Is Usury?'
is amended to read: IL E"f
Sec. 11sO. What is Usury!LIf any person
or corporation shall contract in the Dis
trict, verbally, to pay greater rate Of in
terest than per centum per annum, or
shall contract, in writing to pay greater
rate than 10 per centtm per annum, such
person or corporation shall forfeit the
whole OF the interest 30 contracted to be