The Washington times., 1901-12-15

Equity Court relating to proceedings for
the sale Of estates Of lunatics and in
fants and the care Of property Of habitual
drunkards. But as Congress has declined
TO abolish the office of Register of Wills
and amended the code accordingly. 1T is
now necessary to transfer these sections
from the part OF the code which deals
with the powers of the Probate Court TO
that which deals with the business OF the
equity special term.
Jury Provision.
Section 20i; This amendment is in
tended to remove what il is suggested
might prove a serious inconvenience to
the courts Of the District during the
month OF January, 1902. Some doubt is
expressed whether the grand and petit
Jurors summoned in December, 1901. under
existing law, TO serve in the early part
OF 1902 can legally render service as
jurors In view Of the fact that the laws
under which they are drawn are repealed
by the code. The amendment simply pro-
vides that the jurors drawn under exist
ing laws shall serve cut their terms, not
withstandlng such repeal.
Sections 3s7 and 95S: Under the ex-
isting law Of the District an Legitimate
child cannot inherit from its mother. even
when the mother dies having no other
near relatives. These sections in the code
allow an illegitimate child to take either
personal property or real estate from it's
mother on her death. The amendments
provide that this change In the lew does
not apply when the mother at the time
the code goes into effect is insane and
shall continue to be insane until her
death. The reason Of this is that
no f.T ,AF
Of sound mind had elected TO die intes-
tate because the law would give her prop
erty to her other relatives would not in
the excepted case be able to make a will
giving her property to those to whom she
wished 1t TO go. Where such a child has
mother of sound mind, IL is. Of course,
competent for her. II she does not wish
the child TO have II. TO make a Will Civ
ing 1t to some one else.
Recording of Deeds.
Section 4g9: As this section is incor-
porated in the code II is capable of con-
struction that deed not recorded within
three months from its date would not be
good even as between the original parties
The amendment is intended to make it
plain that recording is necessary only
with reference to the rights OF others than
parties to the instrument Itself
Sections 524 TO 532: These sections re-
late to assignments and releases Of mort
cages or deeds OF trust In the code they
are substantially in the form in which
they were prepared by Judge Cox in the
first draft of the code They seem to
have been taken in large part from the
Maryland code. Numerous questions and
difficulties were suggested in regard to
them. Finally a number OF attorneys IA
miliar with the Maryland practice in this
regard were consulted with and the mat
ter carefully and thoroughly examined,
and Il was concluded that these sections
would give rise to great deal of lltiga-
tion and that their usefulness was at least
No serious objection is made to
the practice which has obtained In the
District for many years In regard to as
signments and releases OF deeds OF trust
Common-law mortgages are practically
in the District. For these rea-
sons 1T was thought best that these Sec
tions be struck out.
Section s45a: This is a new section in
tended to prevent in the future a system
OF blackmailing owners of real estate !