davidaulloa/AmericanStories huggingface dataset:
Evening star., 1938-08-18
RULE SO.
Bonds and Undertakings.


/. In all cases where a bond is re-
quired. the same shall conform to the
requirements of Title 3. Section 3, Of
the Code of the District OF Columbia,
unless otherwise provided by statute or
rule Of court.
2. Any bond in excess of the sum
Of $25000 must be approved by the
court The approval thereof shall not
be made except upon two days notice,
III writing, to the opposite party in
interest or his attorney. of the appli-
cation therefor or the written waiver
of such notice, and without such no.
tice or waiver such approval shall not
be operative. Such notice shall con-
tain the name and address of the pro-
posed surety. If the surety be cor
poration holding q certificate of au-
thority from the Secretary of the
Treasury to do business within the
District of Columbia, and having q
process agent in said District, the no
tice hereinbefore mentioned shall not
be required, but in lieu thereof there
shall accompany the signature Of such
corporation a certificate of the clerk
OF the District Court of the District,
that said corporation has the author
ity and agent above mentioned.
Sureties shall not be named in the
alternative.
g. MEMBERS OF THE BAR AND
OFFICERS OF COURT.-No member
of the bar in active practice or other
oficer Of the court shall be accepted
as surety upon any bond or UNDER
taking requiring the approval Of the
court or the clerk
Evening star., 1938-08-18
RULE 90.
Answer Of Garnishee.

After the filing of the answer of the
garnishee, he may serve notice thereof
on the party at whose instance the
garnishment was issued, and II said
party shall not traverse the same
within five (5) days after such notice.
the garnishee shall be entitled a. Of
course to judgment in accordance with
his answer unless the time shall be
extended by the court; provided, that
If within five (5) days after such no.
tice, party at whose instance the
garnishment was issued shall move for
an oral examination of the garnishee,
such traverse may be filed within FIVE
go days after the conclusion Of such
oral examination.
Evening star., 1938-08-18
1 (Continued From Page A-17.)

required to perform the act shall be
bound without further service to take
notice. No writ of attachment against
the delinquent party shall issue except
upon afidavit of the party entitled TO
have the act performed, or MS attor-
ney, filed in the clerks office, tnat the
same has not been complied with
within the prescribed time.
6. FOR POSSESSION.-When any
Judgment or order is for the delivery
of possession upon proof made by am
davit of a neglect or refusal to obey
the Judgment or order, the .arty pros
ecutlng the same shall be entitled to
writ of assistance from the clerk,
which shall be in the following or
equivalent form:
tCaption)
The President of the United States to
the Marshal for said District,
Greeting:
cause having been, by judgment or
OF of court herein pronounced on
the -- day of -- A. D.,
l9-, commanded to deliver posses
sion to the plaintiff -, Of the
premises in said Judgment or order
described, to wit -, and proof
having been made by affidavit of re-
fusal or neglect by said -- to
obey said judgment or order;
NOW, THEREFORE. you are hereby
commanded that, Immediately after
the reception of this writ, you enter
into and upon the premises aforesaid,
and thence eject and remove all and
every person or persons holding pos
session of the same against the tenor
Of said judgment or order, and that
you put and establish the said plain
tiff, or assigns. in full and
peaceful possession of said premises
and that you do. from time to time,
rs often as shall be necessary, pre-
serve and defend the said possession
of said premises against all force and
interruption whatsoever. according to
the true intent and meaning of said
Judgment or order.
WITNESS the honorable
Chief Justice of said court, this --
day of --, A. D., 10.
Evening star., 1938-08-18
RULE 43.
Proceedings in Review.

No action to obtain the relief here.
tofere grantable by bill of review shall
be commenced after the expiration OF
two years from the entry of the judg.
rnert, decree or order, or within two
years after the removal of any legal
disability of any party entitled to
bring such action.
Evening star., 1938-08-18
RULE AZ.

AH*cStmcHC OF Trust kundS
Investment of trust funds, unless
otherwise provided in the instrument
creating the trust, or except under
extraordinary conditions set forth
fully to the court, will ordinarily be
sanctioned only when made In the
obligations meeting the following re-
quirements:
Section I. United States Govern
ment Obligations.
Bonds or obligations, either bear
ing interest or sold on a discount
basis, of the United States, or those
for the payment of principal and in
terest on which the faith and credit
of the United States is pledged.
Section II. Federal Land Bank
Bonds.
Section III State, County and Mu-
nicipal Obligations. subject to the
following provisions
A. State Obligation.
Bond or obligations, either bearing
interest or sold on a discount basis,
Of any State of the United States, or
those for the payment of principal
and interest on which the faith and
credit of such State is pledged, pro-
vided that they meet the following
requirements:
l. That such bonds or obligations
were duly authorized by the legisla-
ture Of such State:
2. That such State has not, within
ten years next preceding such in
vestment, defaulted for more than
100 consecutive days in the pay
ment of any part Of either principal
or interest on any of its duly author
lied obligations.
B. County Obligations.
Bond or obligations, either bearing
interest or sold on a discount basis,
Of any county situated tn one Of the
States Of the United States, or those
for the payment of principal and in
terest on which the faith and credit Of
such county is pledged, provided that
they meet the following requirements:
l. That they are issued pursuant
to law;
2. That such county has, not with
in twenty years next preceding such
investment, defaulted for more than
120 consecutive days in the payment
of any part of either principal or in
terest on its lawful obligations;
3. That such county has a popula-
ton as shown by the last Federal
census next preceding such invest
ment of not less than 10000 inhab-
itants;
T. That the net Indebtedness of
such county does not exceed three
per cent Of the last preceding valua-
ton Of property for taxation for
county purposes.
c. City, Town and Other Munic-
ipal Obligations.
Bonds or obligations, either bear
ing interest or sold on . discount
basis, Of any city. town or other mu-
nicipal subdivision, situated in one
of the States of the United States,
or those for the payment of prin-
cipal and interest on which the
faith and credit Of such city, town or
other municipal subdivision is
pledged, provided that they meet tn.
following requirements:
l. That they are issued pursuant
to law;
2. That such city, town or other
municipal subdivision has not, with.
Evening star., 1938-08-18
EQUITY RULE So.

DOwCT, SuTtcSy anu Lie ESt6tC.
/. DOWER-The allowance to a
healthy woman in lieu of her right
of dover in land sold under DEGREES,
shall be as follows. except when 9TH
erwise specifically provided by statute.
(See Code, Title Is. Chapter IL, Sec
tion 1856, and Title 20, Chapter 9,
Section 240)
Under 80 years Of age. One sixth.
Above 80 and under IS, Two-thir-
teenths.
Above IS and under 40, One-sev-
enth.
Above 40 and under As, Two If
teenths.
Above IS and under 81, One eighth.
Above 81 and under Sc, One-tenth.
Above 56 and under 81, One-ninth.
Above 81 and under ST, One
twelfth.
Above 81 and under 70, One-four-
teentn.
Above 70 and under II, One
eighteenth.
Above II, One-twentieth.
2. Curtesy and Life Estate.-Al-
lowance to a healthy tenant for life
shall be three times the allowance
in lieu of dover to a widow Of the
same age.
Evening star., 1938-08-18
RULE 81.
Attachment.

1. FORM OF WRIT AND NOTICE.
The writ Of attachment and gar
nishment, and notice, shall be in the
form set forth in the Appendix, or in
substantially equivalent form.
2. INTERROGATORIES.-The no.
tice to the garnishee, to answer inter-
rogatories, and the interrogatories ac-
companying the same, shall be in the
form set forth in the Appendix, or in
substantially equivalent form. The
plaintiff may also include such other
interrogatories Is may be proper.
Evening star., 1938-08-18

ton Of the court in general term
rules regulating pleading, practice
and procedure in the various terms
Of saH court. and other matters
which they believe will facilitate the
Administration Of justice.
Evening star., 1938-08-18
RULE 42.
Recovery Less Than Courts
JuriSdiction

II the complaint state claim for
money only and there be rendered in
the action a Judgment for money only,
in an amount less than the lowest
sum of which the court has jurisdic-
ton, the costs shall be awarded as the
court may order.
Evening star., 1938-08-18
RULE a..
Statements of Evidence.

I. Any statement in narrative form
Of all or part of the testimony for
a record on appeal must be clearly
written or typewriter on numbered
pages with numbered lines, and give
appropriate references to the pages of
the transcript OF evidence. if any;
otherwise, such statement may be dis
regarded by the court and ordered
stricken from the files.
Evening star., 1938-08-18
RULE 60.

Procedure in Veterans Cases.
The following procedure shall apply
to all actions brought by veterans
against the United States:
l. The commissioner shall investi-
gate and report upon the said actions
now filed or which may hereafter be
filed, and shall have the following
powers and duties:
2. There shall be a separate calen-
dar Of veterans actions. Said ac-
tions shall not so on the ready calen-
dar, but sLsil be set for trial as
directed by the assignment Justice or
the Justice designated to try these
cases.
3. Actions not yet at issue shall
stand referred to the commissioner for
the purpose of settling the issues upon
proper pleadings. subject to review by
the motions Justice or the Justice to
whom they may be assigned for trial.
4. The commissioner shall review
all pleadings and record evidence, in
terview counsel and determine whether
the issues raised are of fact or law.
5. If issues Of law only are raised.
he shall so report to the court, with
q reference to authorities which. will
aid in the disposition thereof, and his
opinion on the points Of law involved.
6. Where issues of fact are raised,
he shall endeavor, through confer
ence with counsel, to obtain an agreed
statement Of facts. to be signed by
counsel, and shall report to the court
what ISSUES of fact remain to be tried
and determined.
I. He shall require counsel on both
sides to submit to him within ten days
after notice from him, or such further
time as in the judgment of the COM
missioner shall seem proper, all record
evidence intended to be introduced at
the trial.
8. Where issues Of fact are raised,
and remain undisposed of by such
agreed statement Of facts, he shall
endeavor, by conference, to obtain an
agreement to q summary Of the record
evidence and report the same to the
court.
9. Motions to advance cases for trial
shall stand referred to the commits
sioner for his report and recommen-
datioh.
10. As soon as his report Is filed he
shall furnish copy thereof to counsel,
informing them Of the date when 1t
was filed. and the report shall stand
As matter to be disposed Of by the
motions Justice upon his calendar, and
be Immediately listed thereon by the
clerk Of the court.
Evening star., 1938-08-18
RULE IS.
rn-~3<t>~ 40 nmlA~

There shall be q standing COM
mittee composed Of five members Of
the bar Of the District Court Of the
United States for the District Of CO.
lumbia, to be designated by the
court in general term, whose duty
Il shall be to consider. suggest and
report, for the consideration and ae-
Evening star., 1938-08-18

Motion to Vacate Judgment.
A motion to vacate an entry of de-
fault or a Judgment by default or
both, shall be accompanied by veri-
fed answer setting up defense sufi-
cient if proved to bar the claim in
whole or in part.
Evening star., 1938-08-18
Surety Approved this
Justice, Dist.

Justice, Dist. Ct. U. S. D. C
3. All nonresident fiduciaries shall
be required to file power of attorney
in the same manner as provided BY
Sec. 80, Title 20 of the Code, except
that such power Of attorney shall run
to the clerk of the court.
Evening star., 1938-08-18
RULE 47.
Trust Funds,

l. Within thirty days prior to the
first of May in every year, it shall be
the duty of every trustee. committee,
or receiver, appointed by this court,
and of every trustee executing or ad-
mipistering any trust howsoever cre-
ated under the order and supervision
Of this court, other than the probate
branch, and all fiduciaries administer
Ing any estate in this court, including
testamentary trustees, with the single
exception Of the probate branch, to
file with the clerk Of the court a re-
Evening star., 1938-08-18
RULE 64.
Fiduciaries.

I. REPORT OF.-Whenever it shall
appear that fund in the hands OF a
receiver, trustee, committee, or other
fiduciary will remain undistributed
for period exceeding ninety days
from the receipt thereof by him, he
shall, within thirty days after such
receipt, report to the court, in writing,
where and in what name deposited,
and the period for which it will prob
ably remain undistributed, and the
court may thereupon make such order
with respect to the disposition thereof
as to it shall seem proper.
g. FIDUCIARY'S UNDERTAKING
FORM OF.-The undertaking re-
quired by decree of any fiduciary be-
fore entering on his duty shall be in
the following or equivalent form:
(Caption)
Know All Men BY These Presents,
That, whereas the undersigned
- ha- been duly ap-
pointed by order of the District Court
of the United States for the District
Of Columbia, made on the -.d day
Of -, 10. in the above en-
titled proceeding therein pending.
and required thereby to give
an undertaking, under seal, in the
maximum amount of --- Dollars
fixed by the court. conditioned as BY
law and said order required: And
whereas the condition of this under
taking is that the said shall
well and truly perform their
duties as such and in all
things obey such order as the court
shall make in the premises:
We, therefore, the undersigned
--- as principal, and --- as
Suret -, appearing and submitting
to the jurisdiction of the court. hereby
undertake for ourselves and each of
us, our and each of our heirs, execu-
tors. administrators, successors and
assigns to abide by and perform the
order of the court in the premises, and
do further agree that upon default by
the said principal in any of the condi-
tions hereof, the damages not exceed
ing the sum aforesaid may be ascer-
tanned in such manner as the court
shall direct: That the court may give
judgment hereon in favor of any per-
son thereby aggrieved against us for
the damages suffered or sustained by
such aggrieved party and that such
judgment may be rendered in said
proceeding against all or any OF us
whose names are hereto signed:
Signed, sealed and delivered in the
presence Of:
Evening star., 1938-08-18
RULE As.
Transcript of Record on Appeal.

Irahscr1pt OF RECORD on Appeal.
= I. PREPARATION OF.-Whenever
transcript of record of cause shall
be issued by the clerk, the copy of
each paper entering into said record
shall show, at the beginning on the
face thereof, the date of the filing Of
the same, and the date of the passage
of any order or decree included in
such transcript shall be noted by the
clerk at the head thereof. The cap
ton of any paper, judgment, order or
decree entering into said transcript,
except the first, shall be omitted.
Evening star., 1938-08-18
RULE 81.
Reporters.

Any reporter occupying seat
within the rail Of the clerks division
and taking notes of the proceedings
shall be held to consent to such
orders as the court or any Justice
thereof may make concerning the
preservation of his notes and the
furnishing Of copies Of a transcript
Of his notes. both with respect to the
parties to whom such copies shall be
furnished and as to the compensa-
ton to be paid him therefor, and
the party employing such reporter
shall also be held to consent to such
orders.
Evening star., 1938-08-18
RULE So.
Attachment for Rent.

FORM OF WRIT.-The writ of at
tachment for rent shall be in the form
set forth in the Appendix. or in sub
stantially equivalent form.
Evening star., 1938-08-18
RULE Sc.
Advertising.

Advertising done under authority of
the court shall be paid for at rates,
per agate line two and one-sixth
inches IN width, not to exceed fifteen
cents for each insertion.
Evening star., 1938-08-18
RULE "a.
Plea Of Title.

l. A cause certified to this court
by the Municipal Court, under the
provisions of Section 228, Title 1S,
Of the Code, shall be entered by the
clerk upon appropriate trial calendar,
Immediately on being docketed;
whereupon the same shall stand for
trial in regular order.
2. FAILURE TO DOCKET.-If the
plaintiff fail to make the deposits for
costs, or to obtain leave to docket
without such deposit, within ten QO
days after the approval by the Mu-
nicipal Court of the undertaking re-
quired by Section 22s, Title Is. Of
the Code, the defendant may make
the deposit, or obtain such leave,
and have the cause dismissed, or he
may have . trial of the case upon
its merits.
,. SUMMONS AND PLEADINGS.
Mo summons or other process shah
be necessary to require the appear
arice Of either the plaintiff or the
defendant; nor shall any further
pleadings be required, other than
the complaint and plea Of title As
filed in and certified by the Munici-
pal Court.
Evening star., 1938-08-18
RULE 81.
Court Sales.

DIRECTIONS AS TO.-All real
estate, or any interest In land sold
under any order Of court, shall be sold
as follows:
/. MANNER OF PROCEEDING IN
PUBLIC SALES:
(a) When an order Of court Is
signed directing an officer named to
make the sale, he shall first file with
the clerk, and undertaking TO the
United States of America. executed by
him. with surety or sureties to be
approved by the court, in a penalty
named in the order. conditioned for
the faithful performance of the trust
reposed in him. He shall then pro-
coed to sell such real estate by giving
previous publication of notices of such
proposed sales as the court shall order,
which shall be at least once q week
for at least four successive weeks priof
Continued on Page A.21.)
Evening star., 1938-08-18
RULE 50.
Ejectment Suits-Proof In,

LJcctment SuNS-fr0Of In.
l. In actions of ejectment the
plaintiff shall file, alorg with the
complaint, a list of al, deeds, pro-
ceedings or other documents relied
upon as constituting his chain Of
title, together with reference to
place Of. record Of each, If recorded; !;
and defendant shall file along with
his answer a like list Unless with
in ten days after the last pleading
has been filed, the respective parties
shall file in the case, and serve
copies as other pleadings are re-
quired to be served, notice of OBJ
jections with the grounds thereof,
to the deeds, proceedings or docu-
ments, those not objected to shall
be subject to no further proof. bat
shall be subject to the ruling of the
trial court as to the admissibility or
legal effect thereof.
2. This rule shall also apply to
claims for ejectment contained in
counterclaims, cross-claims and third
party claims.
Evening star., 1938-08-18
RULE 50.
Mechanics Lien.

l. NOTICE AND FORM OF.-The
notice Of mechanics lien prescribed
by Section 352, Title IS, Of the Code
shall be in the form as set forth in
the Appendix. or in equivalent form.
2. UNDERTAKING TO DIS
CHARGE, ETC.-The undertaking
and the afidavit. of the sureties to
discharge lien, prescribed by Section
1863. Title rs, of the Code. and the
order Of the court thereon shall be
in the form as set forth in the Ap-
pendix, or in equivalent form.
Evening star., 1938-08-18
RULE IS.
RoDleyin.

l. FORM OF PLAINTIFFS UN-
DERTAKING.-The undertaking re-
quired by Section 1894, Title "a, of the
Code. shall be under seal, with surety
to be approved by the clerk Of the
court. and conditioned as in said sec
ton provided, and, in its terms and
provisions, except as to the fixing of
a maximum penalty, it shall also con-
form to the requirements and provi-
sions of Section 3, Title 3, of the Code.
2. FORM OF WRIT.-Upon filing
the complaint and AFFIDAVIT in replevin
and said undertaking, the clerk shall
issue writ of replevin in the form set
out in the Appendix, or in substan-
tally equivalent form.
3. MARSHAL TO RETAIN PROP
ERTY THREE DAYS. - Property
taken by the marshal or coroner
under writ of replevin shall be re-
tanned by him for three days before
delivering the same to the plaintiff, in
order that the defendant may make
either of the motions or serve notice
thereof as provided in Sections s9e
and 400, Title "a, of the Code, and
until, and in accordance with, the dis
position of the court of any motion
so made
4. FORM OF DEFENDANTS UN-
DERTAKING.-The undertaking re-
quired by Section 399, Title "a, of the
Code, shall be under seal, with surety
or sureties to be approved by the clerk
Of the court, and conditioned as In
said section provided, and, In its terms
and provisions, except as to the flxing
Of a maximum penalty, it shall also
conform to the requirements and pro-
visions of Section 3, Title Of the
Code
S. WRIT OF REToRNo HAsEN-
DO.-In replevin, if the Judgment be
that the plaintiff return the chattel or
chattels in controversy, the writ
therefor shall be in the form set forth
in the Appendix, or in substantially
equivalent form.
Evening star., 1938-08-18
RULE 46.
Next Friends and Guardians ad Litem.


l. No general guardian, committee,
conservator or other like fiduciary
shall sue or defend on behalf of an
infant or incompetent person until he
shall have been authorized so to do
by order of court, to be made, if at
all, after consideration of his affi-
!davit. in which he shall set forth his
connection, If any, with the subject
matter of the litigation and his inter-
est or lack thereof in the result. No
such fiduciary shall be permitted to
sue or defend on behalf of his ward
II 1t shall appear that he has any
interest adverse to that of his ward,
or If he is connected in business with
the attorney or counsel for an ad-
verse party, and in such cases, the
court shall appoint a guardian ad
lltem or attorney for the infant or
incompetent
2. No person shall be appointed
guardian ad litem who would be dis
qualified to prosecute or defend if
general guardian. committee, con-
servator or other like fiduciary, and
except for special cause shown, no
person other than a member of the
bar of this court shall be appointed
guardian ad Item. The court may
require information in aid of the Sc
lection and appointment of a guard
Ian 'ad htem, and, for cause, may re-
n1ove any person authorized to sue or
defend for an infant or incompetent
party, and appoint another in his
place.
3. The compensation of a guardian
ad Item shall be fixed by the court
by order or decree and shall not be
matter for agreement or consent.
No such compensation shall be al
lowed until statement showing what
services have been rendered has been
filed nor until notice of the applica-
ton therefor has been given to the
other party or parties to the matter.
4. No consent verdict or Judgment
affecting the interests of an infant
or incompetent party shall be per-
mitted until the court shall have
been informed as to the facts and
circumstances Of the case, and shall
consider the amount agreed upon to
be fair and reasonable.
Evening star., 1938-08-18
RULE 66.
Rule Day.

The term Rule Day" designates the
first Tuesday Of the month to which it
relates. (See Section 3s3. Title "a,
Code.)