Evening star., 1902-02-21

SecIlon or the code should affect the power
of the Court in the General Term under the
several acts of Congress relating to the
Potomac flats case. Section 115, relating to
lunacy proceedings, is amended by inserting
between it and section 116 six sections con-
tanning most important provisions with re-
Spect to lunacy proceedings, the estates of
lunatics and the estates Of drunkards. Sec
ton 130 is amended by extending to pro-
ceedings in the Probate Court the same pro-
cedure with respect to unknown heirs and
next OF kin as Is supplied by the code in
like proceedings in other branches Of the
court. Section 142 is amended by confer
ring upon the Probate Court the right to
try other than teStamentary issues. Section
It's is amended by giving the clerk Of the
Supreme Court Of the District power to ad-
minister oaths in all cases and also to
take Acknowledgements Of deeds. Section
275 is amended by extending the privilege
of filing special bond by an administrator.
Section go is amended by protecting ad-
ministrators and executors who have in
good faith paid debts and legacies and
made final distribution from being called to
account for such acts upon discovery and
admission to probate Of a subsequent will
or the rejection of a will once admitted to
probate. Section 800 is amended SO as to
extend the power of amendment to writs
and to allow supplemental or substituted
affidavits to be filed. Section 457 is amend
ed by allowing attachments to be levied
upon money or property OF the defendant
in the hands OF an executor OF administra-
tor.
Perhaps the most important amendments
proposed are those in connection with con-
veyances. Section 494 provides the manner
in which a wife may release her dover.
Section 495 covers the case OF acknowledge
ments out of the District. Section 496 pro-
vides for acknowledgements in foreign coun-
tries Section 400 provides for the time from
which deeds shall take effect. or course
provisions upon all these subjects from Sec
ton 494 on to the one we are at present
considering are contained in the code, but
amendments which DfODOSe0 ma
terially modify the respective code pro-
visions; so with the proposed amendments
to sections 500, sol, 5O5, 510 52l. 522 and
523. Amendments more or less important
are also made to the provisions OF the code
touching bodies corporate. We have no
time, however. to dwell upon them now.
Wills and Deeds.
Coming to section $50. a most important
amendment is provided touching the pen
atty to be imposed upon any one stealing,
destroying, mutilating. secreting or With
holding a will. Section S45 contains
very important amendment imposing pen
atty upon any one who having no title or
color Of title to the land affected shall ma
liciously cause to be recorded In the office
of the recorder of deeds for the District OF
Columbia any deed contract or other in
strument purporting to convey or TO feiate
to any land in said district with intent to
extort money or anything or value from
any person owning Sucn ldliu, VI having
any interest therein.
Section 91S contains important amend
ments with respect to peremptory chal-
lenges allowed in criminal cases. Sections
966 and 967 are amended SO as to restore
the law formerly existing with respect 10
the causes Of divorce. This is most I'M
portant subject upon which 1t is not deemed
expedient to go into detail at present
Hereafter and in another manner the mat
ter will be properly presented to the atten-
ton of Congress. Section 1908 contains I'M
portant amendments with respect to the
defendants claim In ejectment for the
value Of improvements placed by him In
good faith upon the property involved Sec
ton 1858 contains very important amend
ments esse any ev
pending in any court of the District OF CO.
lumbia-
Testimony and Dispositions.
It is impra acticable here to specify all the
details In which the amendments improve
upon the provisions of the code. They are,
however, many and substantial. Among
them may be mentioned these: The code ar
bitrarily and unreasonably provides that
before any such deposition can be taken
notice of at least twenty days must De
given. The amendment substitutes a pro-
vision for reasonable notice. Section 1850
contains a most important Improvement al
lowing depositions in any common law
action in the District to be taken orally as
contains an amendment allowing a party
producing a witness who has been taken by
surprise by the testimony Of such witness
to prove under certain restrictions and for
certain purposes only that the witness has
made to the party or to the attorney pro-
ducing him statements substantially va
RANT from his sworn testimony to material
facts IN the case. Section 1919 extends the
lien Of an execution to equitable interests
of the Judgment debtor in goods and chat
tells In his possession. Section 1854 extends
the equitable remedy for enforcing the lien
of an execution levied in other cases upon
the equitable interest Of a judgment debtor
In personal chattels. Section 1901 allows
attachments to be levied upon money OF
property Of the defendant in the hands OF
an executor or administrator and PROVIDES
for proper proceedings thereupon., sections
1850 and i1s2 contain important amend.
ments with respect to usury. Section La
ie amended by adding provision to tn?
statute of frauds. Section l2s0 e amendso r @
ceishrated between Q male under sixteen
and female under fourteen years OF age.