An Act to enact part II of the District of Columbia Code, entitled ""Judiciary and Judicial Procedure,"" codifying the general and permanent laws relating to the judiciary and judicial procedure of the District of Columbia
PL 88-241 (H.R.4157), enacted 12/23/1963

478 
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[77 STAT. 
Public Law 88-241 
December 23, 1963 
^ N A C T 
[H. R. 4157] 
r
p
Q enact Part II of the District of Columbia Code, entitled "Judiciary and 
Judicial Procedure" codifying the general and permanent laws relating 
to the judiciary and judicial procedure of the District of Columbia. 
Be it enacted hy the Senate and House of Representatives of the 
D.c. Code. 
United States of America in Congress asserabled^ That the general 
Tu"diciai*Proce- 
^^^ permanent laws relating to the judiciary and judicial procedure 
dure?*° "
^
"
"
^ 
of the District of Columbia are revised, codified, and enacted as Part 
II of the District of Columbia Code, "Judiciary and Judicial Pro-
cedure", and may be cited "D.C. Code §—", as follows: 
PART II 
JUDICIARY AND JUDICIAL PROCEDURE 
TiTLa 
SBCTIOI 
11. ORGANIZATION AND JURISDICTION OF THE COURTS 
11-101 
12. RIGHT TO REMEDY 
12r-101 
13. PROCEDURE GENERALLY 
13-101 
14. PROOF 
14-101 
15. JUDGMENTS AND EXECUTIONS; FEES AND COSTS 
15-101 
16. PARTICULAR ACTIONS, PROCEEDINGS AND MATTERS 
16-101 
17. REVIEW 
1.7-101 
TITLE 11—ORGANIZATION AND JURISDICTION 
OF THE COURTS 
CBAPTBB 
See. 
1. GENEBAL PBOVISIONS 
11-101 
3. UNITED STATES COURT OF APPEALS FOB THE DISTEIOT OF COLUMBIA 
CiBcurr 
11-301 
5. UNITED STATES DISTBICT COURT FOB THE DISTBICT OF COLUMBIA 
11-501 
7. DISTBICT OP COLUMBIA COUBT OF APPEALS 
11-701 
9. DISTBICT OP COLUMBIA COUBT OF GENEBAL SESSIONS 
11-flOl 
11. DOMESTIC RELATIONS BBANCH OP COURT OP GENEBAL SESSIONS 
11-1101 
13. SMALL CLAIMS AND CONCILIATION BRANCH OP COURT OP GENERAL 
SESSIONS 
11-1301 
15. JUVENILE COURT OF THE DISTRICT OF COLUMBIA 
11-1501 
17. MISCELLANEOUS PBOVISIONS RELATING TO COUBTS AND JUDGES., 
11-1701 
19. COBONER 
11-1901 
21. ATTORNEYS 
11-2101 
23. JURORS AND JURY COMMISSIONERS 
11-2301 
CHAPTER 1—GENERAL PROVISIONS 
Sec. 
11-101. Judicial power. 
§X1-101. Judicial power 
The judicial power in the District of Columbia is vested in: 
(1) inferior courts, namely, 
The District of Columbia Court of Greneral Sessions; 
The Juvenile Court of the District of Columbia; and 
(2) superior courts, namely, 
The District of Colimibia Court of Appeals; 
The United States District Court for the District of Columbia; 
The United States Court of Appeals for the District of Columbia 
Circuit; and 
The Supreme Court of the United States. 
7
V STAT. ] 
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479 
CHAPTER 3--UNITED STATES COURT OF APPEALS 
FOR THE DISTRICT 
OF COLUMBIA CIRCUIT 
SUBCHAPTER I—COURT OFFICERS AND EMPLOYEES 
Sec. 
11-301. Deputy clerks signing for clerk; authentication. 
11-302. Reporter; general duties. 
SUBCHAPTER II—JURISDICTION 
11-321. Appellate jurisdiction. 
SUBCHAPTER III—MISCELLANEOUS PROVISIONS 
11-341. Distribution of reports; sale. 
Subchapter I—Court Officers and Employees 
§ 11-^01. Deputy clerks signing for clerk; authentication 
The deputy clerks for the United States Court of Appeals for the 
District of Columbia Circuit may sign the name of the clerk of the 
court to any official act required by law or by the practice of the 
court to be performed by the clerk, and may authenticate his signa-
ture by affixing the seal of the court thereto when the impress of the 
seal is necessary to its authentication. In such a case the signature 
shall be— 
, Clerk. 
By 
, Deputy Clerk. 
§ 11-302. Reporter; general duties 
The United States Court of Appeals for the District of Columbia 
Circuit may appoint a reporter, who shall serve during the pleasure 
of the court, and who shall report, edit, and publisn the court's 
opinions, in a form prescribed by it. 
Subchapter II—Jurisdiction 
§ 11-321. Appellate jurisdiction 
(a) In addition to its jurisdiction otherwise conferred by law, the 
United States Court of Appeals for the District of Colmnbia Circuit 
has jurisdiction of appeals from judgments of the District of Columbia 
Court of Appeals, including judgments of that court rendered on 
review of orders and decisions of the administrative agencies of the 
District of Columbia specified by section 11-742 (a). 
(b) A party aggrieved by a jud^ent of the District of Columbia 
Court of Appeals may seek a review thereof by the United States 
Court of Appeals for the District of Columbia Circuit by petition for 
the allowance of an appeal. 
Subchapter III—^Miscellaneous Provisions 
§ 11-341. Distribution of reports; sale 
(a) The reporter of the United States Court of Appeals for the Dis-
trict of Columbia Circuit shall furnish and deliver one copy of each 
volume of the reports of the opinions of the court, immediately after 
publication, to each judge of the following courts in the District: 
(1) The United States Court of Appeals; 
(2) The United States District Court; 
(3) The District of Columbia Court of Appeals; 
(4) The Court of General Sessions; 
(5) The Juvenile Court; and 
(6) The Tax Court of the United States. 
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[77 STAT. 
and the copies so received by each judge shall, upon his death, resig-
nation, retirement, or removal from office, be delivered to his successor, 
(b) The court shall approve the sale price for the reports of its 
opinions at not more than $6.50 per volume. 
CHAPTER 5—UNITED STATES DISTRICT COURT FOR 
THE DISTRICT OF COLUMBIA 
SUBCHAPTER I—COURT OFFICERS AND EMPLOYEES 
Sec. 
11-501. Appointment of auditor, messengers, and other officers. 
11-502. Duties of deputy clerks. 
11-503. Secretarial and clerical assistants for United States Commissioners; 
expenses. 
11-504. Register of Wills; oath; bond; clerk of Probate Court. 
11-505. Powers and duties of Register of Wills; restrictions; penalties. 
11-506. Deputies and other employees under Register of Wills; duties. 
SUBCHAPTER II—JURISDICTION 
11-521. Civil and criminal jurisdiction. 
11-522. Probate and guardianship jurisdiction. 
11-523. Concurrent jurisdiction of desertion and nonsupport cases. 
SUBCHAPTER III—MISCELLANEOUS PROVISIONS 
11-541. Seal of Probate Court. 
Subchapter I—Court Officers and Employees 
§ 11-501. Appointment of auditor, messengers, and other officers 
The United States District Court for the District of Columbia may 
appoint an auditor for the court, a messenger for each judge, and 
all officers of the court necessary for the due administration of justice. 
§ 11-502. Duties of deputy clerks 
The clerk of the United States District Court for the District of 
Columbia may designate deputy clerks to perform his duties in his 
name, who may sign his name to any official act required by law or 
by the practice of the court to be performed by the clerk, and may 
authenticate the signature by affixing the seal of the court thereto when 
the seal is necessary to its authentication. In such a case the signature 
shall be— 
, Clerk. 
By 
, Deputy Clerk. 
§11-503. Secretarial and clerical assistants for United States 
Commissioners; expenses 
Each United States commissioner for the District may employ sec-
retarial and clerical assistants in such number and incur such other 
expenses as the District Court considers necessaiy. 
§ 11-504. Register of Wills; oath; bond; clerk of Probate Court 
(a) The United States District Court for the District of Columbia 
shall appoint, and may remove, a Register of Wills, who shall take 
an oath for the faithful and impartial discharge of the duties of his 
office. The office of the Register of Wills is a part of the District 
6
2 Stat. 913. 
Court, and chapter 41 of Title 28, United States Code, applies thereto. 
2
8 use 601. 
(J3 J The Register of Wills shall give bond, with two or more sureties, 
" 
to be approved by the chief judge of the court, in the sum of $5,000: 
(1) faithfully to discharge the duties of his office; and 
(2) seasonably to record (A) the decrees and orders of the 
court in any of the matters over which the court exercises 
its jurisdiction or powers as the Probate Court, (B) all wills 
610 
77 STAT.1 
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48^ 
proved before him or the court, and (C) all other matters 
directed to be recorded in the court or in his oflBlce. 
The bond shall be entered in full upon the minutes of the court, 
and the original filed with the records thereof, 
(c) The Eegister of Wills shall: 
(1) act as clerk of the court in all matters over which the 
court exercises its jurisdiction or powers as the Probate 
Court; 
(2) keep and certify the court's records in those matters; 
and 
(3) generally, with respect to those matters, exercise the 
powers and perform the duties that might otherwise 
properly be exercised or performed by the regular clerk of 
the court. 
§11-505. Powers and duties of Register of Wills; restrictions; 
penalties 
(a) The Eegister of Wills may: 
(1) receive inventories and accounts of sales, examine 
voucners, and state accounts of executors, administrators, 
collectors, and guardians, subject to final approval by the 
court; 
(2) take the probate of claims against the estates of de-
ceased persons that are properly brought before him, and 
approve or reject claims not exceeding $300; and 
(3) take the probate of wills and accept the bonds of 
executors, administrators, collectors, and guardians, subject 
to approval by the court. 
(b) In matters over which the court has jurisdiction or exercises 
powers as the Probate Court, the Eegister of Wills shall: 
(1) make full and fair entries of the proceedings of the 
Court; 
(2) make a fair record in a strong-bound book of all wills 
proved before him or the court, and of other matters re-
quired by law to be recorded in the court; 
(3) lodge original papers filed with him in a place of 
safety appointed by the court; 
(4) make out and issue every summons, process, and order 
of the court; 
(5) make fair tables of his fees, and post them in a con-
spicuous place in his office for the inspection of persons 
having business therein; 
(6) in every respect, act under the control and direction 
of the court; and 
(7) pay into the treasury all fees, costs, and other moneys 
collected by him, except uncollected fees not required by law 
to be prepaid, and make returns thereof to the Director of 
the Administrative Office of the United States Courts under 
regulations prescribed by the Director. 
(c) The Eegister of Wills may not: 
(1) practice law in any court of the District or of the 
United States; or 
(2) demand or receive any fee, gratuity, gift, or reward, 
for giving his advice in any matter relating to his office. 
(d) The Eegister of Wills shall forfeit the sum of $10 for each 
day that the tables referred to in clause (5) of subsection (b) of this, 
section are missing through his neglect, which may be recovered as 
other debts for the same amount are recoverable. Of the amount so 
paid or recovered, one-half shall be for the use of the District, and 
one-half shall be for the use of the informer. 
93-025 0-64-33 
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[77 STAT. 
(e) If the Register of Wills or a person acting for him takes a 
greater fee than the fee provided for by law, he shall pay to the party 
injured $50, which may be recovered as other debts for the same 
amount are recoverable. 
§ 11-^06. Deputies and other employees under Register of Wills; 
duties 
(a) The Register of Wills, with the approval of the court, may 
appoint necessary deputies, clerical assistants and other employees in 
such number as may be approved by the Director of the Administra-
tive Office of the United States Courts. With the approval of the 
court, the Register of Wills may remove any of the personnel so 
appointed. 
(b) The personnel appointed pursuant to this section shall be under 
the supervision and control of the Register of Wills, and shall perform 
such duties as he or the court directs. The deputies may perform 
acts necessary in the administration of the office of the Register of 
Wills and the certification of the records of the court which the 
Register may perform. 
Subchapter II—Jurisdiction 
§ 11-521. Civil and criminal jurisdiction 
(a) Except in actions or proceedings over which exclusive juris-
diction is conferred by law upon other courts in the Districtj the 
United States District Court for the District of Columbia, in addition 
to its jurisdiction as a United States district court and to any other 
jurisdiction conferred by law, has all the jurisdiction possessed and 
exercised by it on January 1, 1964, and has original jurisdiction of 
all: 
(1) civil actions between parties, where either or both of 
them are resident or found within the District; and 
(2) offenses committed within the District. 
(b) Except as otherwise specially provided, an action may not be 
brought in the District Court by original process against a person 
who is not resident or found within the District. 
§ 11-522. Probate and guardianship jurisdiction 
(a) The United States District Court for the District of Columbia 
has and may exercise all the power and jurisdiction by law held 
and exercised by the Orphans' Court of Washington County, District 
of Columbia, prior to June 21,1870. 
(b) In addition to the jurisdiction conferred by subsection (a) of 
this section, the District Court has full power and authority and 
plenary jurisdiction to: 
(1) hear and determine questions relating to the execu-
tion or validity of wills devising real property within the 
District of Columbia, and of wills and testainents prop-
erly presented for probate in the court, and admit them to 
probate and record; 
(2) take the proof of wills of either personal or real 
])r6perty and admit them to probate and record, and for 
cause revoke the probate thereof; 
(3) grant, and, for any of the causes prescribed by law, 
revoke, letters testamentary, letters of administration, letters 
ad colligendum, and letters of guardianship, and appoint 
successors to those j)ersons whose letters are revoked; 
(4) hear, examine, and decree upon accounts, claims, 
and demands existing between executors or administrators 
77 STAT. ] 
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483 
and legatees, or persons entitled to a distributive share of 
an intestate estate, or between wards and their guardians; 
(5) enforce the rendition of inventories and accounts by 
executors, administrators, collectors, guardians, and trustees 
required to account to the court; and 
(6) enforce the distribution of estates by executors and 
administrators, and the payment or delivery by guardians of 
money or property belonging to their wards. 
(c) Neither the execution nor the validity of a will or testament 
admitted to probate and record in the court may be imj)eached or 
examined collaterally. Subject to other provisions of this Part or 
other provisions of law, it is res judicata in all respects and to all 
persons. 
(d) In exercising its powers and jurisdiction under this section, the 
District Court is known as the Probate Court. 
(e) This section does not affect the jurisdiction conferred upon the 
Juvenile Court of the District of Columbia by section 11-1651 (a) (3). 
§11-523. Concurrent jurisdiction of desertion and nonsupport 
cases 
The United States District Court for the District of Columbia has 
original jurisdiction, concurrently with the Juvenile Court of the 
District of Columbia, of all cases arising under sections 22-903 to 
22-905, relating to desertion or nonsupport. 
3
4 stat. se; 
Subchapter III—^Miscellaneous Provisions 
§ 11-541. Seal of Probate Court 
The Probate Court shall keep a seal for the court, and for the 
office of the Register of Wills. The seal shall be affixed to all cer-
tificates of the Probate Court, or of the Register, and to every process 
and writ of every kind issued from it. 
CHAPTER 7—DISTRICT OF COLUMBIA COURT OF 
APPEALS 
SUBCHAPTER I—CONTINUATION AND ORGANIZATION 
Sec. 
11-701. Continuation of court; court of record; seal. 
11-702. Composition; appointment, qualifications, tenure, salaries, and oath of 
Judges; removal. 
11-703. Absence, disability, or disqualification of judgeu; vacancies; quorum. 
11-704. Clerks for judges; compensation. 
SUBCHAPTER 
II—COURT 
OFFICERS 
AND 
EMPLOYEES 
11-721. Clerli; compensation ; powers and duties. 
11-722. Deputy clerks and other employees; compensation; duties. 
SUBCHAPTER III—JURISDICTION 
11-741. Orders and judgments of Court of General Sessions and Juvenile Court. 
11-742. Administrative orders and decisions. 
SUBCHAPTER IV—MISCELLANEOUS PROVISIONS 
11-761. Contempt powers. 
. 11-762. Oaths, affirmations and acknowledgments. 
Subchapter I—Continuation and Organization 
§ 11-701. Continuation of court; court of record; seal 
(a) The District of Columbia Court of Appeals shall continue as 
a court of record in the District. 
(b) The court shall have a seal. 
44 Stat. 716. 
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[77 STAT.. 
§11-702. Composition; appointment, qualifications, tenure, sal-
aries, and oath of judges; removal 
(a) The District of Columbia Court of Appeals shall consist of 
a chief judge and two associate judg^ appointed by the President 
of the United States, by and with the advice and consent of the 
Senate. 
(b) A person may not be appointed as a judge of the court imless 
he: 
(1) is a bona fide resident of the area consisting of the 
District of Columbia, Montgomery and Prince Georges 
Counties in Maryland, Arlington and Fairfax Counties in 
Virginia, and the city of Alexandria, Virginia, and has main-
tained an actual place of abode in the area for at least five 
years prior to his appointment; and 
(2) has been actively engaged in the practice of law in the 
District of Columbia for a period of at least five years imme-
diately prior to his appointment, 
(c) Each judge shall be appointed or reappointed for a term of ten 
years, which terms shall be staggered as heretofore provided for; 
and he shall continue in office until the appointment and qualification 
of his successor. 
(d) The chief judge shall receive an annual salary of $19,000, and 
each associate judge shall receive an annual salary of $18,500. 
(e) Each judge, when appointed, shall take the oath prescribed 
for judges of courts of the United States. 
(f) A judge may be removed only in the manner and for the causes 
provided for the removal of Federal judges. 
§ 11-703. Absence, disability, or disqualification of judges; vacan-
cies; quorum 
(a) When a judge of the District of Columbia Court of Appeals 
is absent, disabled, or disqualified, or when there is a vacancy in the 
office of judge of the court, the chief judge may designate and assign 
any judge of the District of Columbia Court of General Sessions to 
act temporarily as a judge of the court. 
(b) When the chief judge of the court is absent, disabled, or dis-
qualified, the judge next in seniority according to the date of his 
commission shall exercise his powers. 
(c) Two judges of the court constitute a quorum. 
§11-704. Clerks for judges; compensation 
Each judge of the District of Columbia Court of Appeals may 
appoint and remove a personal clerk and shall fix his compensation 
63 Stat. 954. 
jn accordaucc with the Classification Act of 1949, as amended. 
5 use 1071 
note 
Subchapter II—Court Officers and Employees 
§11-721. Clerk; compensation; powers and duties 
The District of Columbia Court of Appeals shall appoint, and may 
remove, a clerk, and shall fix his compensation in accordance with 
the Classification Act of 1949, as amended. 
The clerk shall exercise the same powers and perform the same 
duties in regard to matters within the jurisdiction of the court as 
are exercised and performed by the clerk of the United States Court 
of Appeals for the District of Columbia Circuit, as far as the latter 
may be applicable. 
77 STAT. ] 
PUBLIC LAW 88-241-DEC. 23, 1963 
485 
§11-722. Deputy clerks and other employees; compensation; 
duties 
Subject to the approval of the chief judge, the clerk of the District 
of Columbia Court of Appeals may appoint and remove such deputy 
clerks and other employes of the court as he deems necessary. 
The 
chief judge shall fix the compensation of the personnel so appointed 
in accordance with the Classification Act of 194&, as amended. 
"„!,'^*" ^
f
"
* 
The clerk shall supervise and direct the deputies and employees so 
' '^ 
appointed. 
Subchapter III—Jurisdiction 
5 use 1071 
note. 
§ 11-741. Orders and judgments of Court of General Sessions and 
Juvenile Court 
(a) The District of Columbia Court of Appeals has jurisdiction 
of appeals from: 
(1) final orders and judgments of the District of Columbia 
Court of General Sessions, including final orders and judg-
ments of the Small Claims and Conciliation Branch and the 
Domestic Relations Branch of that court; 
(2) interlocutory orders of the District of Columbia Court 
of General Sessions, including interlocutory orders of the 
Domestic Relations Branch of that court, whereby the pos-
session of property is changed or affected, such as orders 
dissolving writs of attachment and the like; and 
(3) final orders and judgments of the Juvenile Court of 
the District of Columbia. 
(b) Except as provided by subsection (c) of this section, a party 
aggrieved by an order or judgment specified by subsection (a) of 
this section may appeal therefrom as of right to the District of 
Columbia Court of Appeals. 
(c) Reviews of judgments of the Small Claims and Conciliation 
Branch of the District of Columbia Court of General Sessions, and of 
judgments in the criminal division of that court where the penalty 
imposed is less than $50, shall be by application for the allowance 
of an appeal, filed in the District of Columbia Court of Appeals. 
§ 11-742. Administrative orders and decisions 
(a) In addition to other jurisdiction conferred upon it by law, 
the District of Columbia Court of Appeals has exclusive jurisdiction 
to review the following orders and decisions of administrative 
agencies of the District: 
(1) decisions of the Board of Pharmacy refusing to renew 
a license to practice pharmacy or refusing to renew a permit 
to deal in poisons for use in the arts or as insecticides pur-
suant to section 2-606; 
44 stat. 1414. 
(2) decisions of the Board of Examiners in Veterinary 
Medicine revoking or suspending a license to practice veter-
inary medicine or a branch thereof pursuant to section 2-810; 
34 stat. 873. 
(3) orders of the Commissioners of the District of Colum-
bia or their agent or decisions of the Commissioners denying, 
revoking, or suspending a motor-vehicle operator's permit 
pursuant to section 40-302; 
43 stat. 1125. 
(4) decisions of the Board of Examiners and Registrars 
of Architects annuUijig or revoking a certificate to practice 
architecture pursuant to section 2-1028; 
Post, p. eie. 
(5) orders of the Commissioners of the District of Colum-
bia denying, revoking, or suspending a license for a private 
employment agency pursuant to section 47-2101; 
47 stat. 559. 
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[77 STAT.. 
(6) decisions of the Commission on Licensure to Practice 
the Healing Art in the District of Columbia denying a li-
cense or a registration to practice the healing art pursuant 
45 Stat. 1338. 
to section 2-129; 
(7) decisions of the Nurses' Examining Board denying 
registration or reregistration of a nurse or school of nursing 
45 Stat. 1520. 
pursuaut to section 2-406; 
(8) decisions of the Board of Barber Examiners revoking 
or refusing to issue, renew, or restore a certificate of registra-
tion as a registered barber or barber apprentice pursuant to 
5
2 Stat. 622. 
scction 2-1110; and 
(9) final decisions of the Real Estate Commission of the 
District of Columbia denying an application for license or 
suspending or revoking a license pursuant to sections 45-1403 
50 Stat. 788; 
tO 45-1418. 
S
3 Stat. 1354. 
^jj^ ^ party aggrieved by an order or decision specified by sub-
section (a) of this section may obtain a review thereof in the District 
of Columbia Court of Appeals. 
(c) Upon the filing of a written petition for review praying that 
an order or decision specified by this section be set aside, the District 
of Columbia Court of Appeals has jurisdiction of the proceeding. 
Subchapter IV—Miscellaneous Provisions 
§ 11-761. Contempi powers 
The District of Columbia Court of Appeals, or a judge thereof, 
may punish for disobedience of an order, or for contempt committed 
in the presence of the court, by a fine not exceeding $50 or imprison-
ment not exceeding 30 days. 
§ 11-762. Oaths, affirmations and acknowledgments 
Each judge, the clerk, and each deputy clerk of the court may 
administer oaths and affirmations and take acknowledgments. 
CHAPTER 9—DISTRICT OF COLUMBIA COURT OF 
GENERAL SESSIONS 
SUBCHAPTER I—CONTINUATION AND ORGANIZATION 
See. 
11-901. Continuation of court; court of record; divisions; seal. 
11-902. Composition; appointment, qualifications, tenure, salaries, and oath of 
Judges; removaL 
11-003. Administration by chief judge; discharge of duties. 
11-904. Designation and assignment of judges; sessions. 
11-905. Absence, disability, or disqualification of chief Judge. 
11-906. Vacations for Judges. 
11-907. Meetings and reports. 
11-908. Clerks for Judges; compensation. 
SUBCHAPTER II—COURT OFFICERS AND EMPLOYEES 
11-931. Clerk; compensation; general duties. 
11-932. Deputy clerks and other employees; compensation; supervision; process; 
powers. 
11-933. Probation officer: compensation, powers and duties. 
11-934. Assistant probation officers and other employees; compensation; super-
vision. 
11-935. Reporters' fees for transcripts. 
SUBCHAPTER III—JURISDICTION 
11-961. Civil Juijisdiction. 
11-962. Transfer of civil actions to Court of General Sessions. 
11-963. Criminal Jurisdiction; commitment. 
77 STAT.] 
PUBLIC LAW 88-241 _DF,C. 23. 1Q63 
487 
SUBCHAPTER IV—MISCELLANEOUS PROVISIONS 
Sec. 
11-981. Power of judges to issue warrants returnable to Criminal Division; 
record. 
11-982. Compelling attendance of witnesses; contempt powers; subpoenas. 
11-983. Oaths, affirmations and acknowledgments. 
11-984. Receipt and care of deposits for costs, and fees; payment of fines, costs, 
etc., to clerk; deposit; accounting. 
11-985. Audit of accounts. 
Subchapter I—Continuation and Organization 
§ 11-901. Continuation of court; court of record; divisions; seal 
(a) The District of Columbia Court of General Sessions shall con-
tinue as a court of record in the District. The court shall consist of a 
civil division and a criminal division. 
(b) The court shall have a seal. 
§11-902. Composition; appointment, qualifications, tenure, sal-
aries, and oath of judges; removal 
(a) The District of Columbia Court of General Sessions shall con-
sist of a chief judge and fifteen associate judges appointed by the 
President of the United States, by and with the advice and consent 
of the Senate. 
(b) A person may not be appointed as a judge of the court unless 
he; 
(1) is a bona fide resident of the area consisting of the 
District of Columbia, Montgomery and Prince Georges 
Counties in Maryland, Arlington and Fairfax Counties in 
Virginia, and the city of Alexandria, Virginia, and has main-
tained an actual place of abode in the area for at least five 
years prior to his appointment; and 
(2) has been a member of the bar of the District of Colum-
bia for a period of at least five years, and, for a period of at 
least five consecutive years immediately prior to his appoint-
ment, either has been actively engaged in the practice of law 
or has been employed as an attorney in the District in the 
government of the United States or in the government of 
the District of Columbia. 
(c) Each judge shall be appointed or reappointed for a term of ten 
years each, which terms shall be staggered as heretofore provided 
for; and he shall continue in office until the appointment and qualifica-
tion of his successor. 
(d) The chief judge shall receive an annual salary of $18,000, and 
each associate judge shall receive an annual salary of $17,500. 
(e) Each judge, when appointed, shall take the oath prescribed for 
judges of courts of the United States. 
(f) A judge may be removed only in the manner and for the causes 
provided for the removal of Federal judges. 
§ 11-903. Administration by chief judge; discharge of duties 
The chief judge of the District of Columbia Court of General Ses-
sions shall administer generally and superintend the business of the 
court. He shall give nis attention to the discharge of the duties 
especially pertaining to his office and to the performance of such addi-
tional judicial work as he is able to perform. 
§ 11-904. Designation and assignment of judges; sessions 
(a) The chief judge of the District of Columbia Court of General 
Sessions shall, from time to time and for such periods as he determines, 
designate the judges to preside in and attend the divisions and several 
branches and sessions of the court. He may: 
488 
PUBLIC LAW 88-241-DEC. 23, 1963 
[77 STAT. 
(1) except as provided by sections 11-1103 and 11-1303, 
determine the number and fix the time of the various sessions 
of the court; and 
(2) arrange the business of the court, and divide it and 
assign it among the judges. 
Each associate judge shall attend and serve at the division, branch, 
or sessions of the court to which he is assigned. 
(b) When the chief jud^e of the District of Columbia Court of 
Appeals finds it in the public interest to do so, he may designate and 
assign a judge of that court to act temporarily as a judge of the Court 
of General Sessions. 
§ 11-905. Absence, disability, or disqualification of chief judge 
When the chief judge of the District of Columbia Court of General 
Sessions is absent, disabled, or disqualified, his duties shall devolve 
upon and be performed by the associate judges of the Court according 
to the order of seniority of their commissions. 
§ 11-906. Vacations for judges 
Each judge of the District of Columbia Court of General Sessions 
is entitled to vacation, not to exceed thirty-six court days in a calendar 
year, to be taken at times determined by the chief judge. 
§ 11-907. Meetings and reports 
(a) The judges of the District of Columbia Court of General Ses-
sions shall meet together at least once each month for the consideration 
of those matters pertaining to the administration of justice in the 
court wliicli may be brought before them. The chief judge shall fix 
the times for the meetings. 
(b) Each associate judge shall submit to the chief judge a monthly 
written report, in a form prescribed by the chief judge, of the duties 
performed by him, specifying: 
(1) the number of days attendance in court of the judge 
during the month covered; 
(2) the branch courts upon which he attended; 
(3) the number of hours per day of his attendance; and 
(4) such other data as the chief judge requires. 
(c) The chief judge shall submit to the Attorney General of the 
United States and to the Commissioners of the District of Columbia 
a quarterly written report of the business of the court and of the 
duties performed by each judge of the court during the preceding 
three months. A copy of the report shall be filed in the office of the 
clerk of the court and shall be available and subject to public inspec-
tion during business hours. 
§11-908. Clerks for judges; compensation 
Each judge of the District of Columbia Court of General Sessions 
may appoint and remove a personal clerk and shall fix his compensa-
63 Stat. 954. 
tiou lu accordaiice with the Classification Act of 1949, as amended. 
5 use .1071 
note. 
Subchapter II—Court Officers and Employees 
§11-931. Clerk; compensation; general duties 
(a) The District of Columbia Court of General Sessions may appoint 
and remove a clerk, and shall fix his compensation in accordance with 
the Classification Act of 1949, as amended. 
(b) In addition to performing any other duties prescribed by law, 
rules of court, or order of the chief judge, the clerk of the Court of 
General Sessions shall keep such dockets and records and perform 
such other duties as the court prescribes. 
note 
77 STAT. ] 
PUBLIC LAW 88-241-DEC. 23, 1963 
489 
§ 11-932. Deputy clerks and other employees; 
compensation; 
supervision; process; powers 
(a) Subject to the approval of the chief judge, the clerk of the 
District of Columbia Court of General Sessions may appoint and re-
move such deputy clerks and other employees of the court as he deems 
necessary, llie chief judge shall fix the compensation of the personnel 
so appointed in accordance with the Classification Act of 1949, as 
amended. 
63 stat. 954. 
(b) The deputies and employees appointed under subsection (a) of 
s use 1071 
this section shall be under the supervision and direction of the clerk. 
(c) In all civil actions in the Court of General Sessions, process 
shall be signed by the clerk or deputy clerks in the name of the court. 
The deputy clerks may sign the name of the clerk to any official act 
required by law or by practice of the court to be performed by the 
clerk. In such case, the signature shall be: " 
• 
, Clerk, by 
, 
Deputy Clerk". 
§ 11-933. Probation officer; compensation, powers and duties 
The District of Columbia Court of General Sessions may appoint 
and remove a probation officer of the court, and shall fix his compen-
sation in accordance with the Classification Act of 1949, as amended. 
The probation officer shall exercise such powers and perform such 
duties as may be prescribed by law. 
§ 11-934. Assistant probation officers and other employees; com-
pensation; supervision 
Subject to the approval of the chief judge, the probation officer of 
(he District of Columbia Couit of (xeneral Sessions may appoint and 
remove such assistant probation officers and other employees of the 
probation office as he deems necessary. The chief judge shall fix the 
compensation of the personnel so appointed in accordance with the 
Classification Act of 1949, as amended. 
The probation officer shall supervise and direct the assistants and 
employees so appointed. 
§ 11-935. Reporters* fees for transcripts 
In addition to their annual salaries, official reporters for the District 
of Columbia Court of General Sessions may cliarge and collect from 
parties, including the United States and the District of Columbia, who 
request transcripts of the original records of proceedings, only such 
fees as may be prescribed from time to time by the court.. The official 
reporters shall furnish all supplies at their own expense. The court 
shall prescribe such rules, practice, and procedure pertaining to 
fees for transcripts as it deems necessary, conforming as nearly as 
practicable to the rules, practice, and procedure established for the 
United States District Court for the District of Columbia. 
A fee may 
not be charged or taxed for a copy of a transcript delivered to a judge 
at his request or for copies of a transcript delivered to the clerk of the 
court for the records of the court. 
Except as to transcripts that are 
to be paid for by the United States or the District of Columbia, the 
reporters may require a party requesting a transcript to prepay the 
estimated fee therefor in advance of delivery of the transcript. 
Subchapter III—Jurisdiction 
? 11-961. Civil jurisdiction 
fa) In addition to other jurisdiction conferred upon it by law^ 
• bo District of Columbia Court of General Sessions has exclusive juris-
iliction of civil actions, including civil actions against executors, ad-
490 
PUBLIC L
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[77 STAT. 
ministrators and other fiduciaries, in which the claimed value of per-
sonal property or the debt or damages claimed does not exceed the 
sum of $10,000, exclusive of interest and costs, as well as of all cross-
claims and counterclaims interposed in all actions over which it has 
jurisdiction, regardless of the amount involved. 
It does not have jurisdiction of: 
(1) cases involving title to real property, except as pro-
vided in section 11-1141; 
(2) actions against judges of the Court of General Sessions 
or other officers for official misconduct; or 
(3) counterclaims, crossclaims, or any other claims whether 
or not arising out of the same transaction or occurrence 
and interposed in actions over which the United States Dis-
trict Court for the District of Columbia has jurisdiction. 
(b) Within the limits of its jurisdiction provided by subsection (a) 
of this section, the Court of General Sessions has jurisdiction of cases 
of trespass upon or injury to real property. If the defendant, in such 
a case, files with the court an affidavit that he claims title to the 
jjroperty, setting forth the nature of his title, the court may not take 
further cognizance of the case. 
(c) The Court of General Sessions has jurisdiction over all civil 
cases properly pending in the Municipal Court for the District of 
Columbia on January 1, 1963. 
§ 11-962. Transfer of civil actions to Court of General Sessions 
In a civil action commenced in the United States District Court for 
the District of Columbia, other than an action for equitable relief, 
where it appears to the satisfaction of the court at or subsequent to 
any pretrial hearing but prior to trial thereof that the action will not 
justify a judgment in excess of $10,000, the court may certify the 
action to the District of Columbia Court of General Sessions for trial. 
The pleadings in the action, together with a copy of the docket entries 
and copies of any orders entered therein, and the deposit for costs, 
shall be sent to the clerk of the Court of General Sessions. Promptly 
thereafter, the Court of General Sessions shall call the case for trial. 
The Court of General Sessions shall thereafter treat the case as though 
it had been filed originally in that court, except that the jurisdiction 
of the court shall extend to the amount claimed in the action, even 
though it exceed the sum of $10,000. 
§ 11-963. Criminal jurisdiction; commitment 
(a) Except as otherwise expressly provided by this section or 
other law, the District of Columbia Court of General Sessions has 
original jurisdiction, concurrently with the United States District 
Court for the District of Columbia, of: 
(1) offenses committed in the District for which the pun-
ishment is by fine only or by imprisonment for one year or 
less; and 
(2) offenses against municipal ordinances or regulations in 
force in the District. 
(b) The Court of General Sessions does not have jurisdiction of 
the offenses of libel, conspiracy, or violation of the postal or pension 
laws of the United States. 
(c) In all cases, whether cognizable in the Court of General Sessions 
or in the District Court, the Court of General Sessions has jurisdic-
tion to make preliminary examination and commit offenders or grant 
bail in bailable cases, either for trial or for further examination. 
(d) The Court of General Sessions has jurisdiction of all criminal 
cases properly x)©nding in the Municipal Court for the District of 
Columbia on January 1, 1963. 
77 STAT. ] 
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491 
Subchapter IV—Miscellaneous Provisions 
§ 11-981. Power of judges to issue warrants returnable to Crimi-
nal Division; record 
Each judge of the District of Columbia Court of General Sessions 
may, at any time, including Sundays and legal liolidays, on complaint 
under oath or actual view, issue warrants returnable to the criminal 
division of the court against persons accused of crimes and offenses 
committed in the District of Columbia. In every such case, he shall 
make a record of his proceedings in a book to be kept for that pur-
pose. The warrants shall be issued free of charge. 
§11-982. Compelling attendance of witnesses; contempt powers; 
subpoenas 
(a) The District of Columbia Court of General Sessions may com-
pel the attendance of witnesses by attachment, and, in any civil or 
criminal case or proceeding in the court, the judge may punish for 
disobedience of an order, or for contempt committed in the presence 
of the court, by a fine not exceeding $50 or imprisonment not exceeding 
30 days. 
(b) At the request of any party subpoenas for attendance at a hear-
ing or trial in the District of Columbia Court of General Sessions shall 
be issued by the clerk of the court. A subpoena may be served at any 
place within the District of Columbia, or at any place without the Dis-
trict of Columbia that is within 25 miles of the place of the hearing 
or trial specified in the subpoena. The form, issuance and manner 
of service of a subpoena shall be as otherwise prescribed by Rule 45 of 
the Federal Rules of Civil Procedure. 
2
8 use app. 
§ 11-983. Oaths, affirmations, and acknowledgments 
Each judge of the District of Columbia Court of General Sessions 
may administer oaths and affirmations and take acknowledgments. 
The clerk of the court and his deputies may administer oaths and 
affirmations and take acknowledgments in all cases pending in the 
court or about to be filed therein. 
§ 11-984. Receipt and care of deposits for costs, and fees; payment 
of fines, costs, etc., to clerk; deposit; accounting 
(a) The clerk of the District of Columbia Court of General Sessions 
shall receive and care for all deposits for costs made and fees exacted 
under the rules governing the fee charges in the civil division of the 
court, and shall make a weekly deposit with the Board of Commis-
sioners or its authorized representative of all fees earned during the 
preceding week. The money so collected shall be covered into the 
Treasury to the credit of the District of Columbia. 
(b) The clerk shall return to parties making the deposits specified 
by subsection (a) of this section any part of a deposit that re-
mains in his hands over and above the earned fees in completed 
cases, and shall render an itemized statement to the Board of Com-
missioners or its authorized representative of every fee earned, on 
forms and in the manner prescribed by the Board or its authorized 
representative. Any part of a deposit remaining in the clerk^s hands 
for a period of three years, for which claim has not been made by the 
party entitled to receive it, shall revert to the District of Columbia, 
and shall be paid forthwith by the clerk to the Board or its authorized 
representative as part of the revenues of the District. 
(c) Fines, penalties, costs, and forfeitures imposed or taxed in the 
criminal division of the Court of General Sessions shall be paid to the 
clerk, either with or without process or on process ordered by the court. 
On the first secular day of each week, the clerk shall deposit with the 
Board of Commissioners or its authorized representative the total 
492 
PUBLIC L
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[77 STAT. 
amount thereof collected by him during the week next preceding the 
date of the deposit, to be covered into the Treasury to the credit of the 
District of Columbia. The clerk shall render an itemized statement 
of each deposit upon forms and in the manner prescribed by the 
Board or its authorized representative. 
(d) Moneys collected in the criminal division of the Court of Gen-
eral Sessions remaining in the hands of the clerk for a period of two 
years or more, for which claim has not been made by the parties en-
titled thereto, shall revert to the District of Colimibia, and shall be paid 
by the clerk to the Board of Commissioners or its authorized repre-
sentative, to be covered into the Treasury to the credit of the District 
of Columbia. 
§ 11-985. Audit of accounts 
The Board of Commissioners of the District of Columbia, or its 
authorized representative, shall audit the accounts of the clerk of the 
District of Columbia Court of General Sessions at the end of every 
quarter, and in the performance of this duty shall have access to all 
books, papers, and records of the court. 
CHAPTER 11—DOMESTIC RELATIONS BRANCH OF 
COURT OF GENERAL SESSIONS 
SUBCHAPTER I—CONTINUATION 
AND ORGANIZATION 
S
e
e
. 
11-1101. Continuation of Branch. 
11-1102. Judges; assignment. 
11-1103. Sessions. 
SUBCHAPTER II—OFFICERS AND EMPLOYEES 
11-1121. Clerk and other personnel, 
11-1122. Duties of clerk regarding docket. 
SUBCHAPTER III—JURISDICTION 
11-1141. Exclusive jurisdiction. 
SUBCHAPTER IV—MISCELLANEOUS PROVISIONS 
11-1161. Powers of Branch. 
Subchapter I—Continuation and Organization 
§ 11-1101. Continuation of Branch 
The Domestic Relations Branch of the District of Columbia Court 
of General Sessions shall continue as a branch in the civil division 
of the court. 
§11-1102. Judges; assignment 
The Domestic Relations Branch of the District of Columbia Court of 
General Sessions shall consist of three judges of the court, who shall 
serve in that branch during their tenures of office, but if the chief judge 
of the court finds the work of the Domestic Relations Branch will not 
be adversely affected thereby, he may assign any judge of the Domestic 
Relations Branch to perform the duties of any other judge of the court. 
The chief judge of the court may assign any other ]udge of the court 
to serve temporarily in the Domestic Relations Branch if he finds the 
work of the Domestic Relations Branch requires the assignment. 
§11-1103. Sessions 
The Domestic Relations Branch, with at least one judge in attend-
ance, shall be open for the transaction of business every day of the 
year except Saturday afternoons, Sundays, and legal holidays, and, 
if deemed necessary, may also hold night sessions. 
77 STAT. ] 
PUBLIC L
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493 
Subchapter II—Officers and Employees 
§ 11-1121. Clerk and other personnel 
The judges of the Domestic Relations Branch, with the approval 
of the chief judge of the District of Columbia Court of General Ses-
sions, may appomt and remove a clerk and such other personnel as 
may be necessary for the operation of the Branch. 
§ 11-1122. Duties of clerk regarding docket 
The clerk serving in the Domestic Relations Branch of the District 
of Columbia Court of General Sessions shall keep a separate docket 
for the Branch, in which he shall record the steps taken at each stage 
of actions or proceedings instituted or conducted, in the Branch. 
Subchapter III—Jurisdiction 
§ 11-1141. Exclusive jurisdiction 
(a) The Domestic Relations Branch of the District of Columbia 
Court of General Sessions and each judge sitting therein has exclusive 
jurisdiction of: 
(1) actions for divorce from the bond of marriage and 
legal separation from bed and board, including proceedings 
incidental thereto for alimony, pendente lite and permanent, 
and for support and custody of minor children; 
(2) applications for revocation of divorce from bed and 
board; 
(3) civil actions to enforce support of minor children; 
(4) civil actions to enforce support of wife; 
(5) actions seeking custody of minor children; 
(6) actions to declare marriages void; 
(7) actions to declare marriages valid: 
(8) actions for annulments of marriage; 
(9) determinations and adjudications of property rights, 
both real and personal, in any action hereinabove referred to 
in this section, irrespective of any jurisdictional limitation 
imposed on the Court of General Sessions; 
(10) proceedings in adoption; and 
(11) proceedings under the Uniform Reciprocal Enforce-
ment of Support Act, chapter 3 of Title 30. 
(b) This chapter does not affect or diminish the jurisdiction of the 
Juvenile Court of the District of Columbia, or of any judge presiding 
therein. 
Subchapter IV—Miscellaneous Proyisions 
§ 11-1161. Powers of Branch 
The Domestic Relations Branch of the District of CJolumbia Court 
of General Sessions has all of the legal and equitable powers necessary 
to effectuate the purposes of this chapter, chapters 3 and 9 of Title 16, 
chapters 1 and 3 of Title 30, and section 3^786, including but not 
limited to, the power to: 
(1) issue restraining orders and injunctions, writs of 
habeas corpus and ne exeat, and all other writs, orders, and 
decrees; and 
(2) enforce and execute its judgmehts, ordeibs, and decrees. 
494 
PUBUC L
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[77 STAT. 
CHAPTER 13—SMALL CLAIMS AND CONCILIATION 
BRANCH OF COURT OF GENERAL SESSIONS 
SUBCHAPTER I—CONTINUATION AND ORGANIZATION 
See. 
11-1301. Continuation of Branch. 
11-1302. Service of Court of General Sessions judges; rotation. 
11^1303. Sessions. 
SUBCHAPTER II—OFFICERS AND EMPLOYEES 
11-1321. Clerk. 
ll-1322i. Separate docket; entries. 
11-1323. Records and reports. 
SUBCHAPTER III—JURISDICTION 
11-1341. Exclusive jurisdiction of small claims; limitations. 
ll-1342u Settlement of disputes by arbitration and conciliation. 
11-1343. Certification of cases by Court of General Sessions judges; i recerti-
tlcation. 
Subchapter I—Continuation and Organization 
§ 11-1301. Continuation of Branch 
The Small Claims and Conciliation Branch of the District of Colum-
bia Court of General Sessions shall continue as a branch in the civil 
division of the court. 
§ 11-1302. Service of Court of General Sessions judges; rotation 
One or more judges of the District of Columbia Court of General 
Sessions shall serve in the Small Claims and Conciliation Branch for 
such periods and in such order of rotation as the chief judge of the 
court determines. 
§11-1303. Sessions 
The Small Claims and Conciliation Branch of the District of Colum-
bia Court of General Sessions, with a judge in attendance, shall be 
open for the transaction of business on every day of the year except 
Saturday afternoons, Sundays, and legal holidays, and shall also hold 
at least one night session during each week. 
Subchapter II—Officers and Employees 
§ 11-1321. Clerk 
The District of Columbia Court of General Sessions may aasign 
a deputy clerk or other assistant to the clerk of the court to serve 
as clerk of the Small Claims and Conciliation Branch. 
§11-1322. Separate-docket; entries 
The clerk of the Small Claims and Conciliation Branch shall keep 
a separate docket for the Branch, in which ho^ shall record every 
proceeding and ruling had in each case. 
§ 11-1323. Records and reports 
The clerk of the Small Claims and Conciliation Branch shall main-
tain a daily record of all transactions had therein and shall prepare 
and transmit to the Attorney General of the United States a monthly 
report in detail showing the number and nature of all such transac-
tions. 
77 STAT. ] 
PUBLIC L
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495 
Subchapter III—Jurisdiction 
§11-1341. Exclusive jurisdiction of small claims; limitations 
The Small Claims and Conciliation Branch of the District of 
Columbia Court of General Sessions has exclusive jurisdiction over 
all cases within the jurisdiction of the court in which the amount 
of the plaintiff's claim or the claimed value of personal property in 
controversy does not exceed $160 exclusive of intei*est, attorney fees, 
protest fees, and costs. This jurisdiction does not include actions 
for recovery of the possession of real estate, whether or not such 
actions include a claim for arrears of rent, or personalty, or both 
arrears of rent and personalty. 
§ 11-1342. Settlement of disputes by arbitration and conciliation 
In order to effect the speedy settlement of controversies, and with the 
consent of all parties thereto, the Small Claims and Conciliation 
Branch may settle cases, irrespective of the amount involved, by the 
methods of arbitration and conciliation. The judges of the Branch 
may also act as referees or arbitrators, either alone or in conjunction 
with other persons, pursuant to rule 53 of the Federal Rules of Civil 
Procedure, or under Title 9, United States Code, or otherwise. A 
2
8 use app. 
judge, officer, or employee of the District of Columbia Court of Gen-
eral Sessions may not accept any fee or compensation in addition 
to his salary for services performed pursuant to this section. 
§11-1343. Certification of cases by Court of General Sessions 
judges; recertification 
When the interests of justice seem to require, and all parties 
consent thereto, a judge of tlie District of Columbia Court of General 
Sessions may certify a case to the Small Claims and Conciliation 
Branch for conciliation, or to endeavor to obtain a complete or 
partial agreed statement of facts or stipulation, which will simplify 
and expedite the ultimate trial of the case. With the consent of all 
parties the trial of the case may be completed in the Branch, or in the 
absence of their consent shall be recertified to another judge of the 
court for trial. 
CHAPTER 15—JUVENILE COURT OF THE DISTRICT OF 
COLUMBIA 
SUBCHAPTER I—CONTINUATION AND ORGANIZATION 
Sec. 
11-1501. Continuation of court; court of record; seal. 
11-1502. Appointment, qualiflcations, tenure, salaries, and oath of Judges. 
11-1503- Administration of court; absence, disability, dlsguallflcation, or death 
of Judges. 
11-1504. Terms. 
SUBCHAPTER II—COURT 
OFFICERS 
AND 
EMPLOYEES 
11-1521. Clerk; compensation, bond, oath, and duties. 
11-1522. Administration of oaths by cleric. 
11-1523. Director of Social Work; compensation; qualiflcations; duties. 
11-1524. Supervisor of Probation and other probation officers; compensation; 
qualiflcations; duties of Probation Department and officers. 
11-1525. Other Court employees. 
11-1526. Rules governing conduct of personnel. 
SUBCHAPTER III—JURISDICTION 
11-1551. Jurisdiction of children and minors; retention. 
11-1552. Transfer from other courts. 
11-1553. Waiver of Jurisdiction in case of felony and transfer of case. 
11-1554. Jurisdiction of persons 18 years of age or over. 
11-1555. Jurisdiction of paternity proceedings. 
11-1556. Concurrent Jurisdiction of desertion and nonsupport cases. 
11-1557. Construction of chapter with respect to other Jurisdiction. 
496 
PUBLIC LAW 88-241-DEC. 23, 1963 
[77 STAT. 
SUBCHAPTER IV—MISCELLANEOUS PROVISIONS 
11-1581. Contempt powers. 
11-1582. Administration of oaths and affirmations. 
11-1583. Duties of Corporation Counsel. 
11-1584. Assistance and cooperation of officers, departments, institutions, and 
others. 
11-1585. Payment of fines, costs, etc., to clerk; deposit; accounting. 
11-1586. Records; limited inspection; penalties for unlawful disclosure or use. 
11-1587. Audit of accounts. 
11-1588. Court quarters. 
11-1589. Quarterly reports. 
Subchapter I—Continuation and Organization 
§ 11-150L Continuation of Court; court of record; seal 
(a) The Juvenile Court of the District of Columbia shall continue 
as a court of record in the District. 
(b) The court shall have a seal. 
§ 11-1502. Appointment, qualifications, tenure, salaries, and oath 
of judges 
(a) The Juvenile Court shall consist of a chief judge and two asso-
ciate judges learned in the law and appointed by the President of the 
United States by and with the advice and consent of the Senate. 
(b) A person may not be appointed as judge of the court, unless: 
(1) he has been a member of the bar of the District of 
Columbia for a period of live years preceding his appoint-
ment; 
• (2) during a period of ten years immediately preceding 
his appointment, he has been a resident of the District of 
Columbia or of the metropolitan area of the District for at 
least five years, of which not less than three years shall im-
mediately precede his appointment; and 
(3) he has a broad knowledge of social problems and pro-
cedures and an understanding of child psychology. 
For the purpose of this subsection, the term "metropolitan area of 
the District" means Montgomery and Prince Georges Counties in 
Maryland, and Arlington and Fairfax Counties and the cities of 
Alexandria and Falls Church in Virginia. 
(c) Each judge appointed after March 9, 1962, shall serve for a 
term of ten years or until his successor is appointed and qualifies. 
(d) The salary of the chief judge shall be equal to the salary of the 
chief judge of the District of Columbia Court of General Sessions, 
and the salary of each associate judge shall be equal to the salary of 
an associate judge of that court. 
(e) Each judge, before entering upon the duties of his office, shall 
take the oath prescribed for judges of courts of the United States. 
§ 11-1503. Administration of court; absence, disability, disqualifi-
cation, or death of judges 
(a) The chief judge of the Juvenile Court shall be responsible for 
the administration of the court. 
During the temporary absence or 
disability of the chief judge, the associate judge of the court desig-
nated by the chief judge or acting chief judge of the United States 
District Court for the District of Columbia shall be responsible for 
the administration of the court. 
(b) Except as provided by subsection (a) of this section, when a 
judge of the Juvenile Court dies, or is absent, ill, or disabled to serve 
in any case, the chief judge or acting chief judge of the United States 
District Court for the District of Columbia shall designate one of 
the judges of the District of Columbia Court of General Sessions to 
5 use 1071 
note. 
77 STAT. ] 
PUBLIC L
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497 
serve as a judge of the Juvenile Court until the vacancy is filled or 
until the removal of such disability, and the return of the regular 
judge of that court. 
§ 11-1504. Terms 
The Juvenile Court shall hold a term on the first Monday of every 
month and continue the term from day to day as long as may be neces-
sary for the transaction of its business. 
Subchapter II—Court Officers and Employees 
§11-1521. Clerk; compensation, bond, oath, and duties 
(a) The Juvenile Court shall appoint from the eligible list of the 
Civil Service Commission, a clerk of the court, and shall fix his com-
pensation in accordance with the Classification Act of 1949, as 
amended. 
63 stat. 954 
(b) The clerk shall give bond, with surety, and take the oath of 
office prescribed by law for clerks of the United States district courts. 
(c) The clerk shall: 
(1) keep accurate and complete accounts of moneys col-
lected from persons under the supervision of the probation 
department, give receipts therefor, and make reports thereon 
as the chief judge directs; and 
(2) perform other duties and keep other records as pre-
scribed by the chief judge. 
§ 11-1522. Administration of oaths by clerk 
The clerk of the Juvenile Court may administer oaths and affirma-
tions. 
§ 11-1523. Director of Social Work; compensation; qualifications; 
duties 
(a) The Juvenile Court shall appoint, from the eligible list of the 
Civil Service Commission, a Director of Social Work, and shall fix his 
compensation in accordance with the Classification Act of 1949, as 
amended. The Director must have the qualifications prescribed by 
the Civil Service Commission pursuant to the Classification Act of 
1949, as amended. 
(b) Under the administrative direction of the chief judge, the 
Director of Social Work shall: 
(1) have charge of all the social work of the court; and 
(2) in association with other social agencies of the Dis-
trict of Columbia, study sources and causes of delinquency 
and assist in developing and correlating community-wide 
plans for the prevention and treatment of delinquency. 
§11-1524. Supervisor of Probation and other probation officers; 
compensation; qualifications; duties of Probation 
Department and officers 
(a) The Juvenile Court shall appoint, from eligible lists of the 
Civil Service Commission, a Supervisor of Probation and such other 
probation officers as it deems necessary, and shall fix their compensa-
tion in accordance with the Classification Act of 1949, as amended. 
The Supervisor of Probation and probation officers must have the 
qualifications prescribed by the Civil Service Commission pursuant 
to the Classification Act of 1949, as amended. 
(b) Under the direction of the Director of Social Work, the Super-
visor of Probation shall organize, direct, and develop the work of the 
Probation Department of the court. 
93-025 0-64-34 
note. 
498 
PUBLIC LAW 88-241-DEC. 23, 1963 
[77 STAT. 
(c) The Probation Department shall: 
(1) make such investigations as the court directs; 
(2) keep written records of investigations and submit them 
to a judge of the court or deal with them as he directs; 
(3) use all suitable methods to aid persons on probation 
and bring about improvement in their conduct and condition; 
and 
(4) keep informed concerning the conduct and condition 
of each person under its supervision and report thereon to the 
court as it directs, and the Department shall keep full records 
of its work. 
(d) For the purposes of this chapter, probation officers have the 
powers of police officers, and have such duties as may be assigned to 
them in the course of performing the functions of the Probation 
Department. 
§ 11-1525. Other court employees 
The Juvenile Court shall appoint, from eligible lists of the Civil 
Service Commission, such other employees of the court as it deems 
necessary, and shall fix their compensation in accordance with the 
63 Stat. 954. 
Classificatlou Act of 1949, as amended. 
Employees appointed pur-
5 use 1071 
suant to this section must have the qualifications prescribed by the 
Civil Service Commission pursuant to the Classification Act of 1949, 
as amended. 
§11-1526. Rules governing conduct of personnel 
The Juvenile Court may issue all necessary orders and writs in 
aid of its jurisdiction as prescribed by law, and may adopt and pub-
lish rules governing its procedure and the conduct of its officers and 
employees. The rules shall be enforced and construed beneficially for 
the remedial purposes of this chapter and chapter 23 of Title 16. 
Subchapter III—Jurisdiction 
§11-1551. Jurisdiction of children and minors; retention 
(a) Except as herein otherwise provided, the Juvenile Court has 
original and exclusive jurisdiction of all cases and in proceedings: 
(1) concerning a child as defined by section 16-2301: 
(A) who has violated a law, or has violated an ordi-
nance or regulation of the District of Columbia; 
(B) who is habitually beyond the control of his parent, 
guardian, or custodian; 
(C) who is habitually truant from school or home; 
(D) who habitually so deports himself as to injure or 
endanger himself or the morals or safety of himself or 
others; 
(E) who is abandoned by his parent, guardian, or 
custodian; 
(F) who is homeless or without adequate parentAl 
support or care, or whose parent, guardian, or custodian 
neglects or refuses to provide support and care necessary 
for his health or welfare; 
(G) whose parent, guardian, or custodian neglects or 
refuses to provide or avail himself of the special care 
made necessary by his mental condition; 
(H) who associates with vagrants, or vicious or im-
moral persons; 
(I) who engages in an occupation, or is in a situation, 
dangerous to life or limb or injurious to the health or 
morals of himself or others; 
77 STAT. ] 
PUBLIC L
A
W 88-241-DEC. 23, 1963 
499 
(2) subject to applicable statutes of limitation, concerning 
a minor 18 years of age or older who is charged with: 
(A) having violated any law; or 
(B) having violated any ordinance or regulation of 
the District of Columbia— 
prior to his having become 18 years of age.; and 
(3) to determine the custody or guardianship of the person 
of a child coming within the provisions of this section and 
subchapter I of chapter 23 of Title 16; but the provisions of 
this clause do not deprive other courts of the right to deter-
mine the custody of children upon writs of habeas corpus, or 
when the custody is incidental to the determination of causes 
pending therein. 
(b) When jurisdiction is obtained by the Juvenile Court in the 
case of a child under 18 years of age at the time of the offense, the 
child shall continue under the jurisdiction of the court until he 
becomes 21 years of age unless the court discharges him prior thereto. 
This subsection does not affect the jurisdiction of other courts over 
offenses committed by the child after he reaches the age of 18 years. 
§ 11-1552. Transfer from other courts 
When during the pendency of a criminal or quasi-criminal charge 
against a person under 21 years of age, in another court, it is ascer-
tained that the person was under the age of 18 years at the time of 
the alleged offense, the court shall forthwith transfer the case, together 
with all the papers, documents, and testimony connected therewith, to 
the Juvenile Court. The court making the transfer shall order the 
minor to be taken forthwith to the place of detention designated by 
the Juvenile Court or to that court itself, or release the minor to the 
custody of a suitable person to appear before the Juvenile Court at a 
time designated. The .Juvenile Court shall thereupon proceed to hear 
and dispose of the case in the same manner as if it had been instituted 
in that court in the first instance. 
§11-1553. Waiver of jurisdiction in case of felony and transfer 
of case 
When a child 16 years of age or over is charged with an offense 
which if committed by a person 18 years of age or over is a felony, 
or when a child under 18 years of age is charged with an offense which 
if committed by a person 18 years of age or over is punishable by 
death or life imprisonment, a judge may, after fidl investigation, 
waive jurisdiction and order the child held for trial under the regular 
procedure of the court which would have jurisdiction of the offense if 
committed by a person 18 years of age or over: or the other court may 
exercise the powers conferred upon the Juvenile Court by this 
chapter and subchapter I of chapter 23 of Title 16 in conducting and 
disposing of such cases. 
§ 11-1554. Jurisdiction of persons 18 years of age or over 
The Juvenile Court has original and exclusive jurisdiction to deter-
mine cases of persons 18 years of age or over charged with willfully 
contributing to, encoura^ng, or tending to cause by any act or 
omission, a condition which would bring a child under the age of 
18 years within the provisions of section 11-1661. 
§ 11-1555. Jurisdiction of paternity proceedings 
The Juvenile Court has original and exclusive jurisdiction of pro-
ceedings to determine paternity of any child alleged to have been born 
out of wedlock and to provide for his support in the manner provided 
by subchapter II of chapter 23 of Title 16. 
500 
PUBLIC L
A
W 88-241-DEC. 23, 1963 
[77 STAT. 
§ 11-1556. Concurrent jurisdiction of desertipn and nonsupport 
cases 
The Juvenile Court has original jurisdiction, concurrently with the 
United States District Court for the District of Columbia, of all cases 
3
4 Stat. 86; 
arislug undor sections 22-903 to 22-905, relating to desertion or hon-
\A Stat, 716. 
support. 
§11-1557. Construction of chapter with respect to other juris-
diction 
This chapter does not limit the jurisdiction vested in the Juvenile 
Court: 
(1) by section 31-213, with respect to cases arising under 
43 Stat. 806. 
sections 31-201 to 31-212, relating to compulsory school attend-
ance and work permits; 
(2) by section 36-228, with respect to cases arising under sec-
45 Stat. 998. i 
tlous 36-201 to 36-227, relating to child labor and work permits; or 
' 
(3) by any^ther provision of law. 
Subchapter IV—Miscellaneous Provisions 
§ 11-1581. Contempt powers 
The Juvenile Court may punish, as a contempt, a willful violation, 
neglect, or disobedience of any of its orders by a fine not exceeding 
$200 or imprisonment not exceeding six months, or by both. 
§ 11-1582. Administration of oaths and affirmations 
The judges or acting judges of the Juvenile Court may administer 
oaths and affirmations. 
§ 11-1583. Duties of Corporation Counsel 
(a) The Corporation Counsel of the District of Columbia or any of 
his assistants shall: 
(1) upon request, assist the Juvenile Court in hearings 
arising under section 11-1551; 
(2) institute and prosecute proceedings and cases arising 
under section 11-1565 and subchapter II of chapter 23 of 
Title 16, relating to the establishment of paternity and pro-
vision for support of children born out of wedlock; and 
(3) prosecute cases arising under sections 11-1654 and 
11-1556 and the sections specified by section 11-1557, in 
which a person 18 years of age or over is charged with an 
offense. 
(b) As used in this section, "Corporation Counsel" means the 
attorney for the District of Columbia, by whatever title the attorney 
may be known, designated by the Board of Commissioners of the Dis-
trict of Columbia to perform the functions prescribed for the Cor-
poration Counsel in this section. 
§11-1584. Assistance and co-operation of officers, departments, 
institutions, and others 
Every officer and department of the District of Columbia is required 
to render all assistance and co-operation within his or its jurisdictional 
power which may further the objects of this chapter and subchapter I 
of chapter 23 of Title 16. Institutions or agencies to which tiie Juvenile 
Court sends a child are required to give to the court or to any officer 
appointed by it such information or reports concerning the child as the 
court or officer requires. The court may seek the co-operation of 
societies or organizations having for their object the protection or aid 
of children. 
77 STAT. ] 
PUBLIC LAW 88-241-DEC. 23, 1963 
501 
§11-1585. Payment of 
fines, 
costs, etc., to clerk; 
deposit; 
accounting 
Fines, penalties, costs, and forfeitures imposed or taxed by the 
Juvenile Court shall be paid to the clerk of the court, either with or 
without process, or on process ordered by the court. The clerk of 
the court shall, on the first secular day of each week, deposit with 
the Board of Commissioners or its authorized representative the total 
amount of all fines, penalties, costs, and forfeitures collected by him 
during the week next preceding the date of the deposit, to be covered 
into the Treasury to the credit of the District of Columbia. 
The 
clerk shall render an itemized statement of each deposit to the Board 
or its authorized representative. 
§11-1586. Records; limited inspection; penalties for unlawful 
disclosure or use 
(a) The Juvenile Court shall maintain records of all cases 
brought before the court pursuant to subchapter I of chapter 23 of 
Title 16. The records shall be withheld from indiscriminate public 
inspection but shall be open to inspection only by respondents, their 
parents or guardians and their duly authorized attorneys, and by the 
institution or agency to which the respondent under l8 years of age 
may have been committed pursuant to sections 16-2307 and 16-2308. 
Pursuant to rule or special order of the court, other interested per-
sons, institutions, and agencies may inspect the records. As used in 
this subsection, "records" includes: 
(1) notices filed with the court by arresting officers pur-
suant to section 16-2306; 
(2) the docket of the court and entries therein; 
(3) the petitions, complaints, informations, motions, and 
other papers filed in a case; 
(4) transcripts of testimony taken in a case tried by the 
Court; 
(5) findings, verdicts, judgments, orders and decrees; and 
(6) other writings filed in proceedings before the court, 
other than social records. 
(b) The records or parts thereof made by officers of the court 
pursuant to sections 11-1525 and 16-2302, referred to in subsection (a) 
of this section as social records, shall be withheld from indiscriminate 
public inspection, except that they shall be made available by rule or 
special order of court to such persons, governmental and private 
agencies, and institutions as have a legitimate interest in the protec-
tion, welfare, treatment, and rehabilitation of the child under 18 
years of age, and to any court before which the child may appear. 
Tlie court may also provide by rule or a judge may provide by special 
order that any such person or agency may make or receive copies of 
the records or parts thereof. 
Persons, agencies, or institutions re-
ceiving records or information pursuant to this subsection may not 
publish or use them for any purpose other than that for which they 
were received. 
(c) Whoever, except for the purposes permitted and in the manner 
provided by subsections (a) and (b) of this section, discloses, 
receives, or makes use of, or authorizes, knowingly permits, partici-
pates in, or acquiesces in, the use of information concerning a 
juvenile before the court, directly or indirectly derived from the 
records, papers, files, or communications of the court, or acquired in 
the course of official duties, upon conviction thereof, shall be guilty of 
a misdemeanor, and shall be fined not more than $100 or imprisoned 
not more than ninety days, or both. 
502 
PUBLIC L
A
W 88-241-DEC. 23, 1963 
[77 STAT. 
(d) Prosecutions pursuant to subsection (c) of this section shall be 
brought in the name of the District of C'olumbia in the District of 
Columbia Court of General Sessions by the Corporation Counsel or 
any of his assistants. As used in this subsection, "(Corporation 
Counsel" has the same meaning as that prescribed by section 
11-1583(b). 
(e) Except on order of the court, the records or proceedings in a 
case arising under subchapter II of chapter 23 of Title 16 may not be 
open to inspection by anyone other than the defendant or counsel of 
record. The court, upon proper showing, may authorize the clerk to 
furnish certified copies of the records or portions thereof to the de-
fendant, the mother, or custodian of the child, a party in interest, or 
their duly authorized attorneys. The clerk may furnish certified 
copies of the records or portions thereof, upon request, to the United 
States attorney for the District of Columbia for use as evidence in 
nonsupport proceedings as provided by sections 11-523, 11-1556, 
16-2355, and 16-2381 and to the Director of Public Health as provided 
by section 16-2364(a). 
§ 11-1587. Audit of accounts 
The Board of Commissioners of the District of Columbia, or its au-
thorized representative, shall audit the accounts of the clerk of the 
Juvenile Court at the end of every quarter, and in the performance 
of this duty shall have free access to all books, papers, and records 
of the court. 
§ 11-1588. Court quarters 
The Board of Commissioners of the District of Columbia shall pro-
vide suitable quarters for the hearing of cases by the Juvenile Court, 
and for the use of the judges and the probation department and em-
ployees of the court. 
§ 11-1589. Quarterly reports 
The chief judge or the acting chief judge of the Juvenile Court shall 
submit to the Attorney General of the United States and to the Pres-
ident of the Board oi Commissioners of the District of Columbia a 
detailed quarterly report of the work of the court within thirty days 
of the end of the quarter, to include the number of juvenile and adult 
cases heard, the number of juvenile and adult cases calendared, the 
number of juvenile and adult complaints filed, the number of juvenile 
cases closed without court hearing, moneys collected for fines and 
support of legitimate and illegitimate family members, and such other 
information as may reflect the court's operation and volume of work. 
A copy of the report shall be kept in the office of the clerk of the court 
and be subject to public inspection during the regular business hours 
of the court. 
CHAPTER 
17—MISCELLANEOUS 
PROVISIONS 
RELATING 
TO 
COURTS 
AND 
JUDGES 
8«e. 
11-1701. Retirement, reslsrnation, or non-reappointment of jndees: recall. 
§11-1701. Retirement, resignation, and non-reappointment of 
judges; recall 
(a) A judge of the District of Columbia Court of Appeals, 
the District of Columbia Court of General Sessions, or the Juvenile 
Court of the District of Columbia who, after having served 
as a judge of the court for a period or periods aggregating 
twenty years or more, whether continuously or not, retires, resigrns, or 
fails of reappointment upon the expiration of his term of office, shall 
receive annually in equal monthly installments, during the remainder 
77 STAT. ] 
PUBLIC LAW 88-241-DEC. 23, 1%3 
503 
of his life, a sum equal to such proportion of his salary at the date of 
his retirement, resignation, or failure of reappointment upon the ex-
piration of his term of office as the total of his aggregate years of 
service bears to the period of thirty years, to be paid in the same 
manner as his salary. The sum so received by him may not exceed 
his salary at the date his service ceases. 
(b) In computing the years of service pursuant to this section, serv-
ice in either the Police Court of the District of Colmnbia or the Munic-
ipal Court of the District of Columbia, or the Juvenile Court of the 
District of Columbia, as constituted prior to July 1, 1942, or the 
Municipal Court of Appeals for the District of Columbia, or the 
Municipal Court for the District of Columbia, as constituted prior 
to January 1, 1963, shall be included whether or not the service is 
continuous. 
(c) A judge receiving retirement salary pursuant to this section may 
be called upon by the chief judge of the District of Columbia Court 
of Appeals or the chief judge of the District of Columbia Court of 
General Sessions to perform such judicial duties as may be requested 
of him in either of those courts, or in the Juvenile Court of 
the District of Columbia; but a retired jud^e shall not be required 
to render service for more than ninety days m a calendar year after 
retirement. 
In case of illness or disability precluding the rendering 
of sei-vice the retired judge sliall be fully relieved of servi(;e during 
his illness or disability. 
CHAPTER IS^CORONER 
Sec. 
11-1901. Definition. 
11-1902. Inquests; exceptions; jury. 
11-1903. Witnesses; attachment; contempt. 
11-1904. Testimony reduced to writing in certain cases; recognizances; returns. 
11-1905. Monthly reports of inquests; delivery of property. 
11-1906. Fees of witnesses and jurors; allowances. 
§11-1901. Definition 
As used in this chapter, "coroner" means the Board of Commis-
sioners of the District of Columbia or the officer or agency designated 
by the Board to perform the functions prescribed by this chapter. 
§11-1902. Inquests; exceptions; jury 
(a) Except as provided by subsection (b) of this section, the coroner 
sliall liold an ijiquest over the body of each pei-soii found dead in tlie 
District when the manner and cause of death is not already known 
as accidental or in the course of nature. 
(b) The coroner may not summon or hold a juiy of inquest ovei" 
the body of a deceased person where it is known that the deceased came 
to his death by suicide, accident, mischance, or natural causes; except 
that where it is not known that the deceased came to his death by 
suicide the coroner may summon a jury. 
(c) A coroner's j nry shall consist of six persons. 
§11-1903. Witnesses; attachment; contempt 
The coroner may summon witnesses from any part of the District 
to appear before him for the purpose of giving evidence, and may 
i-ompel their attendance by attacliment. 
He may punish for disobe-
dience of a lawful order, or foi- a contempt connnitted in liis jii'esence, 
by a fine of not more than $50 or iiuprisomnent of not nioj-e than 30 
days. 
504 
PUBLIC L
A
W 88-241-DEC. 23, 1963 
[77 STAT. 
§ 11-1904. Testimony reduced to writins: in certain cases; recog-
nizances; returns 
Upon an inquisition taken before the coroner, where a person is 
charged with having unlawfully caused the death of the person on 
whom the inquest is held, the coroner shall: 
(1) reduce the testimony of the witnesses to writing; and 
(2) if the jury find that murder or manslaughter has heea 
committed on the deceased, require such witnesses as he deema 
proper to give a recognizance to appear and testify in the 
United States District Court for the District of Columbia; 
and 
(3) return to the United States District Court, the in-
quisition and testimony and recognizance taken by him. 
Jj 11-1905. Monthly reports of inquests; delivery of property 
The coroner shall: 
(1) make a monthly report to the Board of Conmiissioners 
of the District of all inquests held by him during tiie im-
mediately preceding month, with a description as far as may 
be of the age, sex, color, and nationality of deceased per-
sons and the causes of their death, and with particulars as 
may be necessary to their identification; and 
(2) as soon as possible after holding an inquest, deliver 
to the property clerk of the Metropolitan Police Department 
all moneys and other property and effects found upon the 
person oi anyone on whom he holds an inquest. 
§ 11-1906. Fees of witnesses and jurors; allowances 
Witnesses and jurors lawfully sunmioned in an inquest shall receive 
the fees and travel and subsistence allowances as may be fixed, with 
6
2 Stat. 950. 
rospoct to witnesses, by chapter 119 of Title 28, United States Code, 
l\ use 1821- 
and, with respect to jurors, by section 1871 of Title 28, United States 
Code. 
CHAPTER 21--ATT0RNEYS 
•M. 
11-2101. AdmlsBion to bar; regulations; oath. 
11-2102. Censure, suspension, or disbarment by District Court for cause. 
11-2103. Disbarment by District Court upon conviction of crime. 
11-2104. Censure, suspension, or disbarment by other courts. 
11-2105. Procedure for censure, suspension, or disbarment 
§11-2101. Admission to bar; regulations; oath 
The United States District Court for the District of Columbia may 
make such rules as it deems proper respecting the examination, quali-
fication, and admission of persons to membership in its bar, and their 
censure, suspension, and expulsion. Every person so admitted, before 
he is permitted to practice therein, shall tate and subscribe the follow-
ing oath: 
1825. 
71 Stat. 618. 
IgO 
-, do solemnly swear (or affirm) that I will demean my-
self as a member of the bar of this court uprightly and according to 
law; and that I will support the Constitution of the United States." 
§ 11-2102. Censure, suspension, or disbarment by District Court 
for cause 
The United States District Court for the District of Columbia may 
censure, suspend from practice, or expel a member of its bar for 
crime, misdemeanor, fraud, deceit, malpractice, professional miscon-
duct, or conduct prejudicial to the administration of justice. A 
fraudulent act or misrepresentation by an applicant in connection 
with his application or admission is sufficient cause for the revocation 
by the court of his admission. 
77 STAT. ] 
PUBLIC LAW 88-241-DEC. 23, 1963 
505 
§ 11-2103. Disbarment by District Court upon conviction of crime 
When a member of the bar of the United States District Court for 
the District of Columbia is convicted of an otfense involving moral 
turpitude, and a duly certified copy of the final judgment of the con-
viction is presented to the court, the name of the member so convicted 
may thereupon, by order of the court, be struck from the roll of the 
members of the bar, and he shall thereafter cease to be a member there-
of. Upon appeal from a judgment of conviction, and pending the 
final determination of the appeal, the court may order the suspension 
from practice of the convicted member of the bar; and upon a reversal 
of the conviction, or the granting of a pardon, the court may vacate or 
modify the order of disbarment or suspension. 
§ 11-2104. Censure, suspension, or disbarment by other courts 
The District of Columbia Court of Appeals, and the District of 
Columbia Court of General Sessions, may censure, suspend, or expel 
an attorney from practice, at their respective bars, for a crime in-
volving moral turpitude, or professional misconduct, or conduct prej-
udicial to the administration of justice. 
§ 11-2105. Procedure for censure, suspension, or disbarment 
A member of the bar may not be censured, suspended, nor expelled as 
provided by section 11-2102 or 11-2104, until written charges, under 
oath, against him liaA'e been presented to the court, stating distinctly 
i lie grounds of complaint. The court may order the charges to be filed 
in the office of the clerk of the court and shall fix a time for hearing 
thereon. Thereupon a certified copy of the charges and order shall be 
served upon the member personally by the United States marshal or 
such other person as the court designates, or if it is established 
to the satisfaction of the court that personal service can not be had, a 
certified copy of the charges and order shall be served upon him by 
mail, publication, or otherwise as the court directs. After the filing 
of the written charges the court may suspend the person charged 
from practice at its bar pending the trial thereof. 
CHAPTER 23—JURORS 
AND 
JURY COMMISSIONERS 
Bee. 
11-2301. Qualifications of jurors. 
11-2302. Exemptions. 
11-2303. Jury commission; appointment, qualifications, oath, tenure, compensa-
tion, and removal. 
11-2304. Record of names; jury box; custody. 
11-2305. Selection of jurors. 
11-2306. Manner of drawing. 
11-2307. Substitution in case of vacancies. 
11-2308. Disposition of box after drawing; excuse from further service. 
11-2309. Filling vacancies; deficiencies in panel. 
11-2810. Talesmen from bystanders. 
11-2311. Summoning Jurors. 
11-2312. Length of service. 
11-2313. Fees of jurors; allowances. 
11-2314. Marshal to have charge; deputies. 
§ 11-2301. Qualifications of jurors 
(a) Any citizen of the United States who has attained the age of 
21 years and who has resided for a period of one year within the 
District of Columbia is competent to serve as a grand or petit juror 
in courts of the District unless he: 
(1) has been convicted in a State, territorial, or federal 
court of record, or court of the District, of a crime punishable 
by imprisonment for more than one year, and his civil risrhts 
have not been restored by pardon or amnesty; 
(2) is unable to read, write, speak and understand the 
English language; or 
506 
PUBLIC LAW 88-241-DEC. 23, 1963 
[77 STAT. 
(3) is incapable by reason of mental or physical infirmities 
to render efficient jury service, 
(b) An otherwise qualified person is not disqualified from jury 
service by reason of sex, but a woman may not be compelled so to serve. 
§ 11-2302. Exemptions 
The following persons are exempt from jury service: 
(1) members in active service in the armed forces of the United 
States; 
(2) members of the fire and police departments of the United 
States and of the District of Columbia; 
(3) public officers in the executive, legislative, or judicial branch 
of the Government of the United States or the Government of the 
District of Ck)lumbia who are actively engaged in the performance 
of official duties; 
(4) attorneys-at-law in active practice; 
(6) ministers of the gospel and clergymen of every denomination; 
(6) physicians and surgeons in active practice; 
(7) keepers of charitable institutions created by or under the laws 
relating to the District of Columbia; and 
(8) persons employed on vessels navigating the waters of the Dis-
trict of Columbia. 
All other persons, otherwise qualified according to law, whether 
employed in the service of the Government of the United Stetes or of 
the District of Columbia, all officers and enlisted men of the National 
Guard of the District of Columbia, both active and retired, all officers 
and enlisted men in the reserve components of the armed forces of the 
United States, all notaries public, all postmasters, and those who are 
the recipients or beneficiaries of a pension or other gratuity from the 
Federal or District Government or who have contracts with the United 
States or the District of Columbia, are qualified to serve as jurors in 
the District of Columbia and are not exempt from jury service. 
§11-2303. Jury commission; appointment, qualifications, oath, 
tenure, compensation, and removal 
(a) The jury commission shall continue in the District of Columbia. 
(b) The commission consists of three commissioners appointed by 
the United States District Court for the District of Columbia. 
(c) Any person may be appointed a jury commissioner if he: 
(1) is a citizen of the United States; 
(2) is an actual resident of the District, and has been 
domiciled therein for at least three years prior to his appoint-
ment; 
(3) owns real property in the District; 
(4) is not engaged in the practice of law; and 
(5) at the time of his appointment, is not a party to any 
cause pending in a court of the District. 
A person otnerwise qualified is not disqualified from service as a 
jury commissioner by reason of sex, but a woman may not be com-
pel led so to serve. 
(d) Jury commissioners shall be appointed or reappointed for 
terms of three years each, staggered so that one commissioner will 
be appointed each year; and they shall continue in office until the 
appointment and qualification of their successors. 
(e) Each jury commissioner shall receive $10 per day for each 
day or fraction of a day when he is actually engaged in the perform-
ance of his duties, not to exceed five days in a month, nor $260 in 
a year, which shall be paid, upon the commissioner's certificate, by the 
United States marshal for the District of Columbia. 
77 STAT. ] 
PUBLIC LAW 88-241-DEC. 23, 1963 
507 
(f) Each jury commissioner, when appointed, shall take an oath 
of office prescribed by the District Court. 
(g) The District Court may summarily remove a jury commis-
sioner for: 
(1) absence, inability, or failure to perform his duties; or 
(2) misfeasance or malfeasance in office— 
and may appoint another person for the unexpired term. 
(h) If a jury commissioner is ill or otherwise unable to perform 
the duties of his office, or is absent from the District, the remaining 
two commissioners may perform the duties of the commission. 
§ 11-2304. Record of names; jury box; custody 
(a) The jury commission shall: 
(1) make and preserve a record of the list of names of 
grand and petit jurors, including the names of commissionei-s 
and jurors in condemnation proceedings, for service in all the 
courts of the District having cognizance of jury trials and 
condemnation proceedings; 
(2) write the names oi the jurors, including the names of 
commissioners and jurors in condemnation proceedings, on 
separate and similar pieces of paper, which they shall so fold 
or roll that the names can not be seen, and place them in a 
jury box to be provided for the purpose; 
(3) thereupon seal the jury box, and after thoroughly 
shaking it, deliver it to the clerk of the United States Dis-
trict Court for the District of Columbia for safekeeping; 
(4) have custody and control of the jury box; 
(5) keep a sealed record, in alphabetical form, of all 
names remaining in the jury box from time to time, and 
deposit the record for safekeeping in the office of the clerk 
of the District Court when the commission is not in session. 
(b) Only the commission may unseal or open the jury box, or have 
access to the record required by clause (5) of subsection (a) of this 
section. 
§ 11-2305. Selection of jurors 
The jury commission shall select the jurors and commissioners 
specified by section 11-2304, as nearly as may be, from intelligent 
and upright residents of the District. 
§ 11-2306. Manner of drawing 
(a) GRAND AND PETIT JURORS FOR DISTRICT COURT. At least ten days 
before the commencement of eiach term of the United States District 
Court for the District of Columbia, at which jury trials are to be had, 
the jury commission shall: 
(1) publicly break the seal of the jury box and draw there-
from, by lot and without previous examination, the names of 
such number of persons as the court directs to serve as grand 
and petit jurors in the court; and 
(2) forthwith certify to the clerk of the court the names 
of the persons so drawn as jurors. 
If the United States attorney for the District of Columbia 
certifies in writing to the chief judge of the District Court, or, in 
his absence, to the presiding j u d ^ , 3iat the exigencies of the public 
service require it, the judge may, m his discretion, order an additional 
grand jury summoned, which shall be drawn at such time as he 
desi^ates. 
Unless sooner discharged by order of the chief judge, 
or, m his absence, the presiding judge, the additional grand jury 
shall serve until the end of the term in and for which it is &awn. 
(b) NUMBER OF NAMES IN JURY Box. At the time of each drawing 
of jurors by the jury commission, there shall be in the jury box tha 
names of not less than six hundred qualified persons. 
508 
PUBLIC LAW 88-241-DEC. 23, 1963 
[77 STAT. 
(c) OTHE^ COUKTS. At least ten days before each term of the 
District of Columbia Court of General Sessions or of the Juvenile 
Court of the District of Columbia, at which jury trials are to be had, 
the jury commission shall: 
(1) publicly break the seal of the jury box and draw there-
from, by lot and without examination, the names of persons 
to serve as petit jurors in those courts; and 
(2) forthwith certify to the clerk of the District Court the 
names of the persons so drawn. 
In each drawing of jurors under this subsection, the jury com-
mission shall draw, for service in the Court of General Sessions, such 
number of names as the court directs, and for service in the Juvenile 
Court, at least twenty-six names. 
Upon receipt of the certification referred to in this subsection, 
the clerk of the District Court shall certify the names to the 
Court of General Sessions or the Juvenile Court, as the case may be, 
for service as jurors for the ensuing term. 
(d) The distribution, assignment, reassignment, and attendance of 
petit jurors in courts of the District shall be in accordance with rules 
prescribed by the respective courts. 
§ 11-2307. Substitution in case of vacancies 
When a person whose name is drawn from the jury box is dead or 
has removed from the District before being selected, or removes there-
from after being selected, or becomes otherwise disqualified or dis-
abled, the jury commission shall destroy the slip containing his name, 
and shall draw from the box the name of another person to serve in 
his stead. 
§ 11-2308. Disposition of box after drawing; excuse from further 
service 
When the requisite number of jurors has been drawn, the jury 
commission shall seal the jury box and deliver it to the clerk of the 
United States District Court for the District of Columbia for safe-
keeping. 
Except in the case of persons who are excused from service 
or for other reasons fail to serve, the names of the persons drawn 
may not be placed again in the box for one year. 
§ 11-2309. Filling vacancies; deficiencies in panel 
When persons drawn as grand or petit jurors camiot be found, or 
prove to be incompetent, or are excused from service by the court for 
which their names were drawn, the jury commission, under the order 
of the court, shall draw from the box the names of other persons to 
take their places, and if, after the organization of the jury, vacancies 
occur therein, the commission shall fill them in like manner. 
§ 11-2310. Talesmen from bystanders 
When sufficient petit juroi-s ai'e not available, the District of Colum-
bia Court of General Sessions and the Juvenile Court have the same 
powers to require the United States marshal to summon a sufficient 
number of talesmen from the bystanders as those vested in the District 
63 Stat. 103. 
Court by section 1866(a) of Title 28, United States Code. 
§ 11-2311. Summoning jurors 
When a petit jury has been drawn for the District of Columbia 
Court of General Sessions or the Juvenile Court, and the names of 
the jurors have been certified to the clerk of the court by the clerk 
of the District Court as provided by section 11-2306 (c), the clerk of 
the former court shall issue summonses for the required number of 
jurors and deliver them to the United States marshal for the District 
for service. The marshal or his deputies shall serve each summons 
77 STAT. ] 
PUBUC L
A
W 88-241-DEC. 23, 1963 
509 
and make return of service in the manner provided by section 1867 of 
Title 28, United States Code, with respect to summoning jurors for 7i stat. ssa. 
district courts. 
§ 11-2312. Length of service 
(a) Petit jurors summoned for service in a court of the District 
shall serve for such period of time and at such sessions of the court as 
the court directs, but, unless actually engaged as a trial juror in a 
particular case, may not be required to serve in the District Court 
or the District of Columbia Court of General Sessions for more than 
one month in any twelve consecutive months, or to serve in the Juvenile 
Court for more than three months in any twelve consecutive months. 
(b) Jury service in one court does not exempt, exclude, or dis-
qualify a person from jury service in another court, except during his 
term of actual service. 
(c) This section does not affect the provisions of section 1869 of 
Title 28, United States Code, relating to frequency of petit jury 6
2 stat. 953. 
service in district courts, including the United States District Court 
for the District of Columbia. 
§11-2313. Fees of jurors; allowances 
Jurors serving in the District of Columbia Court of General Ses-
sions and the Juvenile Court shall receive the fees fixed by section 1871 
of Title 28, United States Code. 
71 stat. eis. 
§11-2314. Marshal to have charge; deputies 
The United States marshal for the District shall have charge of 
the juries in the District of Columbia Court of General Sessions 
and the Juvenile Court, and may assign deputies for the purpose. 
The deputies shall perform such other services as the judges may 
require. 
TITLE 12—RIGHT TO REMEDY 
CBAPTEB 
See. 
1. ABATEMENT AND REVIVOB 
12-101 
3. LIMITATION OF ACTIONB 
12-301 
CHAPTER 1—ABATEMENT AND REVIVOR 
Sec. 
12-101. Survival of rights of action. 
12-102. Substitution of parties. 
12-103. Judgment and costs in case of new party. 
12-104. Marriage of party. 
§ 12-101. Survival of rights of action 
On the death of a person in whose favor or against whom a right 
of action has accrued for any cause prior to his death, the right of 
action survives in favor of or against the legal representative of the 
deceased. In tort actions for personal injuries, the right of action 
is limited to damages for physical injury, excluding pain and suffer-
ing resulting therefrom. 
§ 12-102. Substitution of parties 
The substitution of parties in civil actions in the United States 
District Court for the District of Columbia and District of Columbia 
Court of General Sessions is governed by the Federal Rules of Civil 
Procedure. 
2
8 use app. 
§ 12-103. Judgment and costs in case of new party 
In all cases where a new party is made to an action, the costs which 
accrued before the new party was made to the action shall be taxed 
as part of the costs in the action, and the judgment rendered shall be 
the same as if the action had been originally commenced between the 
510 
PUBLIC L
A
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[77 STAT. 
persons who are parties to the action. A def^dant who is made a 
new party to the action may not be burdened with debts, damages, or 
costs beyond the amount of property or assets that have descended 
or come to his hands from the deceased. 
§ 12-104. Marriage of party 
An action does not abate by the marriage of a party. On applica-
tion of a party the court may, on such terms and notice as it aeems 
proper, allow and order any amendment in the pleadings and the 
making of any new or additional parties that the marriage may render 
necessary or proper. 
CHAPTER 3—LIMITATION OF ACTIONS 
See. 
12-301. Limitation of time for bringing actiona. 
12-302. Disability of plaintiff. 
12^U3. Absence or concealment of defendant. 
12-304. Actions stayed by court or statute. 
12-305. Actions against decedents' estates. 
12-306. Directions as to debts In a wllL 
12-307. Foreign Judgments. 
12-3()K. Actions by the United States. 
12-309. Actions against District of Columbia for luiliquidjitod damages; time 
for notice. 
§12-^01. Limitation of time for bringing actions 
Except as otherwise specifically provided by law, actions for the 
following purposes may not be brought after the expiration of the 
period specified below from the time the right to maintain the action 
accrues: 
(1) for the recovery of lands, tenements, or hereditaments—15 
years; 
(2) for the recovery of personal property or damages for its un-
lawful detention—3 years; 
(3) for the recovery of damages for an iivjiiry to real or personal 
property—3 years; 
(4) for libel, slander, assault, battery, mayhem, wounding, malicious 
prosecution, false arrest or false imprisonment—1 year; 
(5) for a statutory penalty or forfeiture—1 year; 
(6) on an executor's or administrator's bond—6 years; on any other 
bond or single bill, covenant, or other instrument under seal—12 years; 
(7) on a simple contract, express or implied—3 years; 
(8) for which a limitation is not otherwise specially prescribed 
3 years. 
§ 12-302. Disability of plaintiff 
(a) Except as provided by subsection (b) of this section, when a 
person entitled to maintain an action is, at the time the right of action 
accrues: 
(1) under 21 years of age; or 
(2) noncompos mentis; or 
(3) imprisoned— 
he or his proper representative may bring action within the time 
limited after the disability is removed. 
(b) When a person entitled to maintain an action for the re-
covery of lands, tenements, or hereditaments, or upon an instrument 
under seal, is under any of the disabilities specified by subsection (a) 
of this section at the time the right of action accrues, he or his proper 
representative, except where otherwise specified herein, may brmg the 
action within 5 years after the disability is removed, and not there-
after. 
77 STAT. ] 
PUBLIC LAW 88-241-DEC. 23, 1963 
511 
§12-303. Absence or concealment of defendant 
(a) When a person who is a resident of the District of Columbia is 
out of the District or has absconded or concealed himself at the time a 
cause of action accrues against him, the period limited for the bringing 
of the action does not begin to run until he comes into the District or 
while he is so absconded or concealed. 
(b) When such a person absconds or conceals himself after the cause 
of action accrues, the time of his absence or concealment may not be 
computed as a part of the period within which the action must be 
brought. 
§ 12-304. Actions stayed by court or statute 
When the bringing of an action is stayed by an injunction or other 
order of a court of justice, or by statutory prohibition, the time of the 
stay may not be computed as a part of the period within which the 
action must be brought. 
§ 12-305. Actions against decedents' estates 
In an action against the estate of a deceased person, the interval, 
not exceeding two years, between the death of the deceased and the 
granting of letters testamentary or of administration may not be 
computed as a part of the period within which the action must be 
brought. 
§ 12-306. Directions as to debts in a will 
A provision in the will of a testator devising his real estate, or 
part thereof, subject to the payment of his debts, or charging the same 
therewith, does not prevent the statute of limitations from operating 
against the debts, unless it plainly appears to be the testator's 
intention that it shall not so operate. 
§ 12-307. Foreign judgments 
An action upon a judgment or decree rendered in a State, territory, 
commonwealth or possession of the United States or in a foreign coun-
try is barred if by the laws of that jurisdiction, the action would there 
be barred and the judgment or decree would be incapable of being 
otherwise enforced there. 
§ 12-308. Actions by the United States 
Sections 12-301, 12-302, 12-305, and 12-307 do not apply to an 
action in which the United States is the real and not merely the 
nominal plaintiff. 
§ 12-309. Actions against District of Columbia for unliquidated 
damages; time for notice 
An action may not be maintained against the District of Columbia 
for unliquidated damages to person or property unless, within six 
months after the injury or damage was sustained, the claimant, his 
agent, or attorney has given notice in writing to the Board of Commis-
sioners of the District of Columbia of the approximate time, place, 
cause, and circumstances of the injury or damage. A report in writ-
ing by the Metropolitan Police Department, in regular course of duty, 
is a sufficient notice under this section. 
TITLE 13—PROCEDURE GENERALLY 
CRAPTBB 
See. 
1. RULES OF PROCEDUBE 
13-101 
3. PROCESS AND PARTIES 
. 
13-301 
5. COUNTERCLAIMS 
1 3 - ^ 1 
7. TRIAL 
13-701 
512 
PUBLIC L
A
W 88-241-DEC. 23,1963 
[77 STAT. 
CHAPTER 1—RULES OF PROCEDURE 
Sec. 
13-101. Prescription of rules by courts. 
§ 13-101. Prescription of rules by courts 
(a) The District of Columbia Court of Appeals, the District of 
Columbia Court of General Sessions, and the Juvenile Court of the 
District of Columbia, respectively, shall prescribe rules to provide for 
the forms of process, writs, pleadings, motions, and practice and proce-
dure in those courts, to provide for efficient administration of justice. 
Except as otherwise provided by this section, the rules, in the case 
of the District of Columbia Court of Appeals and the civil divi-
sion of the Court of General Sessions, shall conform as nearly as may 
be practicable to the forms, practice, and procedure prescribed by the 
2
8 use app. 
Federal Rules of Civil Procedure, and, in the case of the Juvenile 
Court, the rules shall be enforced and construed beneficially for the 
remedial purposes embraced in chapter 15 of Title 11 and subchapter 
I of chapter 23 of Title 16. 
(b) The judges of the Domestic Relations Branch of the Court of 
General Sessions, with the approval of the chief judge of the court, 
shall prescribe, by rules, the forms of process, writs, pleadings, mo-
tions, and practice and procedure in that Branch. Except as otherwise 
specifically provided by the rules prescribed, the applicable rules of 
the Federal Rules of Civil Procedure shall govern in the Branch. 
(c) The Court of General Sessions shall prescribe rules to provide 
for a simple, inexpensive, and speedy procedure in tha Small Claims 
and Conciliation Branch of that court to effectuate the purposes of 
chapter 39 of Title 16, and may prescribe, modify, and improve the 
forms to be used therein, from time to time, to insure the proper admin-
istration of justice and to accomplish the purposes of chapter 39 of 
Title 16. 
(d) Rules adopted pursuant to this section by the District of Co-
lumbia Court of Appeals, the Court of General Sessions, and the 
Domestic Relations Branch of the Court of General Sessions may not 
abridge, enlarge, or modify the substantive rights of a litigant. 
CHAPTER 3—PROCESS AND PARTIES 
SUBCHAPTER I—GENERAL PROVISIONS 
Sec. 
13-301. Courts to which applicable. 
13-302. Service by marshal. 
13-303. Service or execution on Sunday. 
SUBCHAPTER II—SERVICE OF PROCESS; LEGAL REPRESENTATIVES 
13-331. Service under other laws and rules of court. 
13-332. Service on infants; appointment and compensation of guardian and 
attorney. 
13-333. Service on Incompetent persons. 
13-3.34. Service on foreign corporations. 
13-335. Service by publication on domestic or foreign corporations. 
13-336. Service by publication on nonresidents, absent defendants, and unknown 
heirs or devisees. 
13-337. Personal service outside District in lieu of publication. 
13-338. Prerequisites for order of publication. 
13-830. Form of order of publication. 
13-340. Manner of publication; mailing of copy; default; appointment and com-
pensation of guardian and attorney. 
13-341. Service by publication on persons unknown to be living or dead and on 
unknown heirs and devisees. 
77 STAT. ] 
PUBLIC LAW 88-241~DEC. 23, 1963 
513 
Subchapter I—General Provisions 
§ 13-301. Courts to which applicable 
Except as otherwise specifically provided by law or rules of court, 
this chapter applies in al I courts of the District of Columbia, including 
any branches of the courts. 
§ 13-^02. Service by marshal 
Subject to the provisions of law or rules of court for service by other 
persons, the United States marshal for the District of Columbia or 
his deputy shall serve the process of the District of Columbia Court of 
Appeals, and the District of Columbia Court of General Sessions, 
including the Domestic Relations Branch thereof. 
§ 13-.303. Service or execution on Sunday 
Except in cases of treason, felony, or breach of the peace, a writ, 
process, warrant, order, judgment, or decree meiy not be served or 
executed, or caused to be served or executed, on Sunday. 
Any such 
service or execution is void to all intents and purposes. A person who 
makes such a service or execution is liable to the aggrieved party to 
the same extent as if he had done it without a writ, process, warrant, 
order, judgment, or decree. 
Subchapter II—Service of Process; Legal Representatives 
§ 13-331. Service under other laws and rules of court 
Tliis chapter does not limit or affect the right to serve process in any 
other manner now or hereafter required or permitted by: 
(1) other law, including any other provisions of this Code; 
or 
(2) rule of court. 
§13r-332. Service on infants; appointment and compensation of 
guardian and attorney 
(a) When an infant is a party defendant in an action, the sum-
mons and complaint shall be served upon him personally and, when he 
is under 16 years of age, upon the person with whom he resides,- if 
within the District. 
TTbe infant shall be produced in court unless, for 
cause shown, the court dispenses with his appearance. The provisions 
of rules of court regarding guardians ad litem apply, and whenever 
in the judgment of the court the interests of an infant defendant re-
quire it, the court shall assign an attorney to represent the infant 
whose compensation shall be paid by the plaintiff, or out of the estate 
of the infant, at the discretion of the court. 
(b) An infant who secretes himself or evades service of process 
may be proceeded against as if he were a nonresident. 
(c) Whoever secretes an infant against whom process has issued, 
so as to prevent service of the process, or prevents his appearance in 
court, is liable to attachment and punishment as for contempt. 
§13-333. Service on incompetent persons. 
When a person non compos mentis is a party defendant in an action, 
process shall be served upon him personally, if within the District, 
and upon his committee, if there is one within the District. 
§ 13-334. Service on foreign corporations 
(a) In an action against a foreign corporation doing business in 
the District, process may be served on the agent of the corporation 
or person conducting its business, or, when he is absent and can not 
be found, by leaving a copy at the principal place of business in the 
District, or, where there is no such place of business, by leaving a copy 
at the place of business or residence of the agent in the District, and 
that service is effectual to bring the corporation before the court. 
93-025 0-64-35 
514 
PUBLIC LAW 88-241-DEC. 23, 1963 
[77 STAT. 
(b) When a foreign corporation transacts business in the District 
without having a place of business or resident agent therein, service 
upon any officer or a^ent or employee of the corporation in the District 
is effectual as to actions growing out of contracts entered into or to 
be performed, in whole or in part, in the District of Columbia or 
growing out of any tort committed in the District. 
§ 13-335. Service by publication on domestic or foreign cor-
porations 
In an action specified by section 13-336, when process can not be 
served upon a domestic or foreign corporation, the corporation may be 
proceeded against as a nonresident defendant, by notice by publication. 
§ 13-336. Service by publication on nonresidents, absent defend-
ants, and unknown heirs or devisees 
(a) In actions specified by subsection (b) of this section, publication 
may be substituted for personal service of process upon a defendant 
who can not be found and who is shown by affidavit to be a non-
resident, or to have been absent from the District for at least six 
months, or against the unknown heirs or devisees of deceased persons. 
(b) This section applies only to: 
(1) actions for partition; 
(2) actions for divorce or annulment; 
(3) actions by attachment; 
(4) actions for foreclosure of mortgages and deeds of 
trust; 
(5) actions for the establishment of title to real estate by 
possession; 
(6) actions for the enforcement of mechanics' liens, and 
other liens against real or personal property within the 
District; and 
(7) actions that have for their immediate object the en-
forcement or establishment of any lawful right, claim, or 
demand to or against any real or personal property within 
the jurisdiction of the court. 
§ 13-337. Personal service outside District in lieu of publication 
(a) In actions specified by section 13-336, personal service of process 
may be made on a nonresident defendant out of the District, and the 
service has the same effect, and no other, as an order of publication 
duly executed. 
(b) The service may be made by any person not a party to or other-
wise interested in the subject-matter in controversy. 
The return shall 
be made under oath in the District of Columbia, unless the person 
making the service is a sheriff, deputy sheriff, marshal, or deputy 
marshal, authorized to serve process where service is made. The re-
turn must show the time and place of service and that the defendant 
so served is a nonresident of the District of Columbia. 
(c) The cost and expense of such service of process out of the Dis-
trict shall be borne by the party at whose instance it is made and may 
not be taxed as part of the costs in the case; but where the service of 
process is made by an authorized officer of the law specified by this 
section, the actual and usual cost of the service of process shall be 
taxed as a part of the costs in the case. 
§ 13-338. Prerequisites for order of publication 
An order for the substitution of publication for personal service 
may not be made until: 
(1) a summons for the defendant has been issued and re-
turned "Not to be found," and 
77 STAT. ] 
PUBLIC L
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W 88-241-DEC. 23, 1963 
515 
(2) the nonresidence of the defendant or his absence for at 
least six months is proved by affidavit to the satisfaction of 
the court. 
§13-339. Form of order of publication 
An order of publication shall be in the following or an equivalent 
form: 
United States District Court for the District of Columbia. 
AB, plaintiff, 
versus 
In 
. No. 
CD, defendant. 
The object of this action is to (state it briefly). 
On motion of the plaintiflP, it is this 
day of 
, A. D. 
-, ordered that the defendant cause his appearance to be en-
tered herein on or before the fortieth day, exclusive of Sundays and 
legal holidays, occurring after the day of the first publication of this 
order; otherwise the cause will be proceeded with as in cause of 
default. 
Judge. 
§13^40. Manner of publication; mailing of copy; default; ap-
pointment and compensation of guardian and attorney 
(a) An order of publication shall be published at least once a week 
for three successive weeks, or oftener, or for such further time as the 
court orders. 
(b) An order, judgment or decree may not be entered against an 
absent or nonresident defendant upon proof of notice by publication, 
unless the plaintiff, his agent, or attorney files in the action an affidavit 
showing that at least twenty days before applying for the order, judg-
ment or decree he mailed, postpaid, a copy of the advertisement, di-
rected to the party therein ordered to appear, at his last known place 
of residence, or that after diligent effort he has been unable to ascer 
tain the last place of residence of the party. 
(c) On failure of the defendant to appear in obedience to the no-
tice within the time stated therein, a judgment or decree by default 
may be entered. 
(d) If the absent or nonresident defendant is an infant, the provi-
sions of the rules of court concerning guardians ad litem and default 
judgments shall apply, and the court may assign counsel to represent 
ihe infant in the manner provided by subsection (a) of section 13-332. 
(e) If the absent or nonresident defendant is non compos mentis, 
the provisions of the rules of court concerning guardians ad litem and 
default judgments shall apply, and the court shall assign an attorney 
to represent the defendant, whose compensation shall be paid by the 
plaintiff, or out of the estate of the defendant, at the discretion of the 
court. 
§ 13-341. Service by publication on persons unknown to be living 
or dead and on unknown heirs and devisees 
(a) When a person would be a proper party to a judicial proceeding 
if living, and upon allegation under oath and proof satisfactory to 
the court that it is unknown whether he is living or dead, he may 
be proceeded against as if he were living, and with like effect, if a 
representative of or claimant under him does not intervene in the 
action before final determination thereof, after notice by publication 
as in the case of nonresident parties. 
(b) When a person who would have been a proper party to a judicial 
proceeding is dead, and it is unknown whether he died testate or left 
heirs, or his heirs and devisees are unknown, the unknown persons 
516 
PUBLIC L
A
W 88-241-DEC. 23, 1963 
[77 STAT. 
may be described as the heirs or devisees of the person who, if living, 
would be the proper party. Notice shall be given by publication to 
them according to that description, and the same proceedings shall 
be had against them as are had against nonresident defendants, except 
tliat: 
(1) the notice shall be published at least twice a month 
for such period, not less than three months without good cause 
shown, as the court orders, and the notice shall require the 
parties to appear on or before the day fixed in the notice to 
appear; and 
(2) an order, judgment or decree may not be entered 
against the parties unless the court is satisfied that due dili-
gence lias been used to ascertain the unknown heii-s. 
CHAPTER 5—COUNTERCLAIMS 
13-501. Counterclaim by way of set-o£F as an action by defendant 
13-502. Effect of assignment. 
18-508. Action against principal and sureties. 
18-604. Action by trustee. 
18-606. Action by or against executor or administrator. 
§ 13-501. Counterclaim by way of set-off as an action by defendant 
In a civil action, a defendant who files a counterclaim by way of 
set-off shall be deemed to have brought an action at the time of filing 
the counterclaim for the matters mentioned therein. 
§ 13-502. Effect of assignment 
When cross-demands have existed between persons under such cir-
cumstances that if one had brought an action against the other a 
counterclaim could have been pleaded, neither can oe deprived of the 
benefit thereof by an assignment by the other; but in an action by the 
assignee of a nonnegotiable debt the defendant may set off by counter-
claim any indebtedness to him of the assignor, existing before notice 
of the assignment, as well as any indebtedness to him of the plaintiff. 
§ 13-503. Action against principal and sureties 
In an action against principal and sureties, an indebtedness of the 
plaintiff to the principal may be set off by counterclaim as if he were 
the sole defendant. When the indebtedness so set off exceeds the 
plaintiff's demand, the judgment for the excess shall be in favor of the 
defendant who is sued as principal. 
§ 13-504. Action by trustee 
When the plaintiff in a civil action is trustee for another, or has no 
actual interest in the contract on which the action is founded, a de-
mand against the plaintiff may not be pleaded by way of counter-
claim, but a demand against the person whom he represents or for 
whose benefit the action is brought may be pleaded. 
§ 13-505. Action by or against executor or administrator 
In an action against an executor or administrator, in his representa-
tive capacity, the defendant may plead, by way of counterclaim, a 
demand belonging to the decedent where he would have been entitled 
to rely upon the demand in an action against him; and in an action 
brought by an executor or administrator, in his representative capac-
ity, a demand against the decedent, belonging at the time of his 
death to the defendant, may be pleaded by way of counterclaim, as 
if the action had been brought by the decedent in his lifetime. 
77 STAT.] 
PUBLIC LAW 88-241-DEC. 23, 1963 
517 
CHAPTER 7—TRIAL 
See. 
13-701. Special Juries In District Court. 
13-702. Jury trials in civil cases in Ckmrt of General Sessions. 
§ 13-701. Special juries in District Court 
(a) In a case, civil or criminal, called for trial in the United States 
District Court for the District of Columbia, in which either party 
desires a special or struck jury, the clerk shall prepa,re a list of twenty 
jurors from the jurors in attendance and furnish the list to each of 
the parties. Each part^ or his counsel may strike off the names of 
four persons from the list, and the persons whose names remain on 
the list shall thereupon be impaneled and sworn as the petit jury in 
the case. If either party or his counsel neglects or refuses to strike 
from the list the number of names authorized by this subsection, the 
clerk may strike off the names, and the twelve persons whose names 
remain on the list shall be impaneled as the petit jury in the case. 
(b) If the proceeding authorized by subsection (a) of this section 
is not insisted upon by eitlier party-, either party may furnish to the 
clerk a list of the jurors, not exceeding four in number, whom he 
wishes to be omitted from the panel sworn in the case, and the clerk, 
in making up the panel, shall omit the jurors to whom objection was so 
made. 
(c) This section does not deprive a person of the right to chal-
lenge the array or polls of a panel returned, or to have all or any 
of the jurors examined on their voir dire before the list is prepared 
to determine their competency to sit in a particular case. 
§ 13-702. Jury trials in civil cases in Court of General Sessions 
When the amount in controversy in a civil action pending in the 
District of Columbia Court of Greneral Sessions exceeds $20, and in all 
actions for the recovery of possession of real property, either party 
shall be entitled to a trial by jury, if he demands it in the manner pro-
vided by rules of the court. In such a case tried by jury, the trial 
judge shall conduct the jury trial and according to the practice and 
procedure in the United States District Court for the District of 
Columbia, and has the same power to instruct juries, set aside verdicts, 
arrest judgments, and grant new trials as judges of that court. 
TITLE 14—PROOF 
CHAPTIK 
See. 
1. EVIDKNCE GENEATALLT; DEPOSITIONS 
14-101 
3. COMPETENCY OF WITNESSES 
14-301 
5. DOOUMENTABY EVIDENCE 
14-501 
7. ABSENCE FOB SEVEN YEABS 
14-701 
CHAPTER 1—EVIDENCE GENERALLY; DEPOSITIONS 
Sec. 
14-101. Evidence under oath; affirmation In lieu of oath; perjury. 
14-102. Impeachment of own witness; surprise. 
14-103. Depositions for use in State and Territorial Courts. 
14r-104. Testimony of nonresident witnesses for use in Court of General Sessions. 
§ 14-101. Evidence under oath; affirmation in lieu of oath; perjury 
(a) All evidence shall be given under oath according to the forms 
of the common law. 
(b) A witness who has conscientious scruples against taking an 
oath, may, in lieu thereof, solemnly, sincerely, and truly declare 
and affirm. 
Where an application, statement, or declaration is 
required to be supported or verified by an oath, the affirmation is the 
equivalent of an oath. 
518 
PUBUC L
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[77 STAT. 
(c) Whoever swears, affirms, declares, or gives testimony in any 
form, where an oath is authorized by law, is lawfully sworn, and is 
^ilty of perjury in a case where he would be guilty of that crime 
if sworn according to the forms of the common law. 
§ 14-102. Impeachment of own witness; surprise 
When the court is satisfied that the party producing a witness has 
been taken by surprise by the testimony of the witness, it may allow the 
party to prove, for the purpose only of affecting the credibility of the 
witness, that the witness has made to the party or to his attorney state-
ments substantially variant from his sworn testimony about material 
facts in the cause. Before such proof is given, the circumstances of the 
supposed statement sufficient to designate the particular occasion must 
be mentioned to the witness, and he must be asked whether or not he 
made the statements and if so allowed to explain them. 
§ 14-103. Depositions for use in State and Territorial Courts 
When a commission is issued or notice given to take the testimony 
of a witness found within the District of Columbia, to be used in an 
action pending in a court of a State, territory, commonwealth, posses-
sion, or place under the jurisdiction of the United States, the testimony 
may be taken by leave of a judge of the United States District Court in 
like manner and with like effect as other depositions are taken in 
United States district courts. 
A § 14-104. Testimony of nonresident witnesses for use in Court of 
General Sessions 
If the testimony of nonresident witnesses is required by either party 
to a civil action or proceeding in the District of Columbia Court of 
(reneral Sessions the Court, upon motion designating the names of the 
witnesses, may appoint an examiner to take their testimony, to whom it 
shall issue a commission. The testimony shall be taken on written 
interrogatories and cross-interrogatories. The written interrogatories 
must be filed at least three days before the issuance of the commission. 
The commission shall not issue unless the party or his agent or attorney 
applying therefor file his affidavit, setting forth that he believes that 
the testimony of the witnesses is material to the issue in the action 
or proceeding and that the motion is not made for the purpose of delay. 
CHAPTER 3—COMPETENCY OF WITNESSES 
Sec. 
14^301. Parties and other interested persons generally. 
14-302. Testimony against deceased or incapable person. 
14r-303. Testimony of deceased or incapable person. 
14-304. Death or incapacity of partner or other interested person, 
14-305. Conviction of crime. 
14-30U. Husband and wife. 
14-307. Physicians. 
14r-308. Assessment officials as expert witnesses in condemnation proceedings. 
14-309. Clergy. 
§ 14-301. Parties and other interested persons generally 
Except as otherwise provided by law, a person is not incompetent 
to testify in a civil action or proceeding by reason of his being a 
party thereto or interested in the result thereof. If otherwise com-
petent to testify, he is competent to give evidence on his own behalf 
and competent and compellable to give evidence on behalf of any 
other Darby to the action or proceeding. 
77 STAT. ] 
PUBLIC LAW 88-241-DEC. 23, 1963 
519 
§ 14-302. Testimony against deceased or incapable person 
(a) In a civil action against; 
(1) a person who, from any cause, is legally incapable of 
testifying, or 
(2) the committee, trustee, executor, administrator, heir, 
legatee, devisee, assignee, or other representative of a de-
ceased person or of a person so incapable of testifying, 
a judgment or decree may not be rendered in favor of the plaintiff 
founded on the uncorroborated testimony of the plaintiff or of the 
agent, servant, or employee of the plaintiff as to any transaction with, 
or action, declaration or admission of, the deceased or incapable 
person. 
(b) In an action specified by subsection (a) of this section, if the 
plaintiff or his agent, servant, or employee, testifies as to any transac-
tion with, or action, declaration, or admission of, the deceased or 
incapable person, an entry, memorandum, or declaration, oral or 
written, by the deceased or incapable person, made while he was 
capable and upon his personal knowledge, may not be excluded as 
hearsay. 
§ 14-303. Testimony of deceased or incapable person 
When a party, after having testified at a time while he was compe-
tent to do so, dies or becomes incapable of testifying, his testimony may 
be ^ven in evidence in any trial or hearing m relation to the same 
subject-matter between the same parties or their legal representatives, 
as the case may be; and in such a case the opposite party may testify 
in opposition thereto. 
§ 14-304. Death or incapacity of partner or other interested person 
Where any of the original parties to a contract or transaction which 
is the subject of investigation are partners or other joint contractors, 
or jointly entitled or liable, and some of them have died or become 
incapable of testifying, any others with whom the contract or trans-
action was personally made or had, or in whose presence or with 
whose privity it was made or had, or admissions in relation to the 
same were made, are not, nor is the adverse party, incompetent to 
testify because some of the parties or joint contractors, or those jointly 
entitled or liable, have died or become incapable of testifying. 
§ 14-305. Conviction of crime 
A person is not incompetent to testify, in either civil or criminal 
proceedings, by reason of his having been convicted of crime. The 
fact of conviction may be given in evidence to affect his credibility as 
a witness, either upon the cross-examination of the witness or by 
evidence aliunde; and the party cross-examining him is not bound by 
his answers as to such matters. 
To prove the conviction of crime 
the certificate, under seal, of the clerk of the court wherein proceed-
ings containing the conviction were had, stating the fact of the con-
viction and for what cause, is sufficient. 
§ 14-306. Husband and wife 
(a) In civil and criminal proceedings, a husband or his wife is 
competent but not compellable to testify for or against the other. 
(b) In civil and criminal proceedings, a husband or his wife is not 
competent to testify as to any confidential communications made by 
one to the other during the marriage. 
§14-307. Physicians 
(a) In the courts of the District of Columbia a physician or surgeon 
may not be permitted, without the consent of the person afflicted, or 
of his legal representative, to disclose any information, confidential 
520 
PUBLIC L
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[77 STAT. 
in its nature, that he has acquired in attending a patient in a pro-
fessional capacity and that was necessary to enable him to act in 
that capacity, whether the information was obtained from the patient 
or from his family or from the person or persons in charge of him. 
(b) This section does not apply to: 
(1) evidence in criminal cases where the accused is charged 
with causing the death of, or inflicting injuries upon, a human 
being, and me disclosure is required in the interests of public 
justice; or 
(2) evidence relating to the mental competency or sanity 
of an accused in criminal trials where the accused raises the 
defense of insanity, or in the pretrial or posttrial proceedings 
involving a criminal case where a question arises concerning 
the mental condition of an accused or convicted person. 
§ 14-^08. Assessment officials as expert witnesses in condemnation 
proceedings 
In an action for the condemnation of lands, an olficial or other em-
ployee of the District, charged with the duty of appraising real 
property for assessment purposes, is not disqualified, by reason of the 
fact that he is so employed, from testifying as an expert witness to 
the market value of lands, and as to benefits. 
§ 14-309. Clergy 
^ 
A priest, clergyman, rabbi, or other duly licensed, ordained, or 
consecrated minister of a religion authorized to perform a marriage 
ceremony in the District of Columbia or duly accredited practitioner 
of Christian Science may not be examined in any civil or criminal 
proceedings in the courts of the District of Columbia with respect 
to any— 
(1) confession, or communication, made to him, in his 
professional capacity in the course of discipline enjoined by 
the church or other religious body to which he belongs, with-
out the consent of the person making the confession or com-
munication ; or 
(2) communication made to him, in his professional 
capacity in the course of giving religious or spiritual advice, 
without the consent of the person seeking the advice; or 
(3) communication made to him, in his professional ca-
pacity, by either spouse, in connection with an effort to 
reconcile estranged spouses, without the consent of the spouse 
making the communication. 
CHAPTER 5—DOCUMENTARY EVIDENCE 
Sec. 
14-BOl. Proof of record. 
14-602. Records of deeds, instraments, and wills. 
14-608. Record of will as prima facie evidence of contents and execution. 
14-604. Force in District of Ck>lumbia of wills probated elsewhere. 
14-506. Municipal ordinances and regulations. 
14-606. Certified mail return receipts as prima facie evidence of delivery. 
14r-507. Other methods of proof. 
§ 14-501. Proof of record 
An exemplification of a record imder the hand of the keeper of 
the record, and the seal of the court or office where the record is made, 
is good and sufficient evidence to prove a record made or entered in 
any State, territory, commonwealth or possession of the United States. 
The certificate of the person purporting to be the keeper of the record, 
accompanied by the seal, is prima facie evidence of that fact. 
77 STAT. ] 
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521 
§ 14-502. Records of deeds, instruments, and wills 
Under the hand of the keeper of a record and the seal of the court 
or office in which the record was made: 
(1) a copy of the- record of a deed, or other written 
instrument not of a testamentary character, where the laws 
of the State, territory, commonwealth, possession or country 
where it was recorded require such a record, and that has 
been recorded agreeably to those laws; and 
(2) a copy of a will that the laws require to be ad-
mitted to probate and record by judicial decree, and of the 
decree of tne court admitting the will to probate and record— 
are good and sufficient prima facie evidence to prove the existence 
and contents of the deed, will, or other written instrument, and that 
It was executed as it purports to have been executed. 
§ 14-503. Record of will as prima facie evidence of contents and 
execution 
A record of a will or codicil recorded in the office of the Register 
of Wills of the District of Columbia, that has been admitted to 
probate by the United States District Court for the District of 
Columbia, or by the former orphans' court of the District, or a 
record of the transcript of the record and probate of a will or codicil 
elsewhere, or of a certified cop>y thereof filed in the office of the 
Register of Wills, is prima facie evidence of the contents and due 
execution of the will or codicil. 
§ 14-504. Force in District of Columbia of wills probated else-
where 
A record in the office of the Register of Wills for the District of 
Columbia of a duly certified copy, or transcript of the record of pro-
ceedings, admitting a will or codicil to probate outside of the District 
of Columbia; and a record in that office of a will or codicil admitted 
to probate in the District before June 8, 1898, and not annulled or 
declared void according to law prior to June 8,1898, shall be deemed 
and held as of the same force and effect as if the will or codicil had been 
duly proved and admitted to probate and record pursuant to sections 
19-301 to 19-303. 
31 Stat. 1212; 
§ 14-505. Municipal ordinances and regulations 
Municipal ordinances and regulations in force in the District of 
Columbia may be proved by producing in evidence a copy thereof 
certified by the secretary or an assistant secretary of the feoard of 
Commissioners; and the certified copy is prima facie evidence of the 
due adoption and promulgation of the ordinances and regulations. 
§ 14-506. Certified mail return receipts as prima facie evidence 
of delivery 
Return receipts for the delivery of certified mail which is utilized 
under any provision of law shall be received in the courts as prima 
facie evidence of delivery to the same extent as return receipts for 
registered mail. 
§ 14-507. Other methods of proof 
This chapter does not prevent the proof of records or other docu-
ments by any method autnorized by other laws or rules of court. 
CHAPTER 
7—ABSENCE 
FOR 
SEVEN 
YEARS 
See. 
14-701. Presumption of death. 
14-702. Person presumed dead found living. 
63 Stat. 267. 
522 
PUBLIC LAW 88-241-DEC. 23, 1963 
[77 STAT. 
§ 14-701. Presumption of death 
If a person leaves his domicile without a known intention of 
changing it, and does not return or is not heard from for seven years 
from the time of his so leaving, he shall be presumed to be dead in 
any case where his death is in question, unless proof is made that he 
was alive within that time. 
§ 14-702. Person presumed dead found living 
If the person presumed to be dead pursuant to section 14r-701 is 
found to be living, a person injured by the presumption shall be re-
stored to the rights of which he was deprived by reason of the 
presumption. 
TITLE 15-^UDGMENTS AND EXECUTIONS; 
FEES AND COSTS 
CHAPTER 
See. 
1. JUDGMENTS AND DECBEES 
. 
18-101 
3. ENFORCEMENT OF JUDGMENTS AND DECREES 
15-SOl 
6. EXEMPTIONS AND TBIAL OF BIGHT TO SEIZED PBOPEBTT.. 
15-801 
7. FEEB AND COSTS 
15-701 
CHAPTER 
1—JUDGMENTS 
AND 
DECREES 
SUBCHAPTER I—GENEBALLY 
See. 
15-101. Enforceable period of judgments; expiration. 
15-102. Lien of Judgment, decree, or forfeited recognizance. 
15-103. Bffect of revival. 
15-104. Priority of liens. 
16-105. Decree confirming sale of property; effect; ordering conveyance. 
15-106. Judgment and damages assessed in actions on bonds or penal sums. 
15-107. Setting off jud^nents. 
SUBCHAPTEB II—COUBT OF GENBBAL SESSIONS 
15-131. Judgments and executions generally; interest. 
15-132. Enforceable period of Judgments; effect of docketing in District Court; 
Domestic Belations Branch. 
15-133. Satisfaction of Judgment; recordation. 
Subchapter I—Generally 
§ 15-101. Enforceable period of judgments; expiration 
(a) Except as provided by subsection (b) of this section, every final 
judgment or final decree for the payment of money rendered in the: 
(1) United States District Court for the District of Colum-
bia; or 
(2) civil division of the District of Columbia Court of 
General Sessions, when certified to and docketed in the 
clerk's office of the District Court— 
is enforceable, by an execution issued thereon, for the period of twelve 
years only from the date when an execution might first be issued 
thereon, or from the date of the last order of revival thereof. 
The 
time during which the judgment creditor is stayed from enforcing the 
judgment, by written agreement filed in the case, or other order, or by 
the operation of an appeal, may not be computed as a part of the period 
within which the judgment is enforceable by execution. 
(b) At the expiration of the twelve-year period provided by sub-
section (a) of this section, the judgment or decree shall cease to 
have any operation or effect. 
Thereafter, except in the case of a 
proceeding that may be then pending for the enforcement of the 
judgment or decree, action may not be brought on it, nor may it be 
revived, and execution may not issue on it. 
77 STAT. ] 
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523 
§ 15-102. Lien of judgment, decree, or forfeited recognizance 
(a) Every: 
(1) final judgment or unconditional final decree for the 
payment of money, from the date when it is rendered; 
(2) judgment or decree rendered in the civil division of 
the District of Columbia Court of General Sessions, when 
docketed in the clerk's office of the United States District 
Court for the District of Columbia; and 
(3) recognizance taken by the United States District Court 
for the District of Columbia, or judge thereof, from the time 
when it is declared forfeited— 
is a lien on all the freehold and leasehold estates, legal and equitable, 
of the defendants bound by the judgment, decree, or recognizance, 
in any land, tenements, or hereditaments in the District of Columbia, 
whether the estates are in possession or are reversions or remainders, 
vested or contingent. 
(b) A recognizance taken in the criminal division of the Court of 
General Sessions, after being forfeited, may be transmitted to the 
clerk's office of the District Court and docketed therein in the same 
manner as judgments rendered in the civil division of that court, with 
the same effect as if taken in the District Court. 
(c) Liens created as provided by this section continue as long as 
the judgment, decree, or recognizance is in force or until it is satisfied 
or discharged. 
§ 15-103. Effect of revival 
An order of revival issued upon a judgment or decree during the 
period of twelve years from the rendition or from the date of an 
order reviving the judgment or decree, extends the effect and operation 
of the judgment or decree with the lien thereby created and all the 
i-emedies for its enforcement for the period of twelve years from the 
date of the order. 
§ 15-104. Priority of liens 
The lien of a mortgage or deed of trust upon real property, given 
by the purchaser to secure the payment of the whole or any part of the 
purchase-money, is superior to that of a previous judgment or decree 
against the purchaser. 
§15-105. Decree confirming sale of property; effect; ordering 
conv^ance 
A decree confirming the sale of real or personal property sold pur-
suant to a decree, divests the right, title, or interest sold out of the 
former owner, party to the action, and vests it in the purchaser, with-
out any conveyance by the officer or agent of the court conducting the 
sale. The decree constitutes notice to all persons of the transfer of 
title when a copy thereof is registered among the land-records of the 
District. In particular cases, the court may order its officer or agent 
to make a conveyance, if that mode is deemed preferable. 
§ 15-106. Judgment and damages assessed in actions on bonds or 
penal sums 
(a) In a civil action on a bond or on a penal sum for the non-
performance of covenants or agreements contained in an indenture, 
deed, or writing, the plaintiff may assign as many breaches as he 
chooses. Damages shall be assessed for such breaches as he proves 
and judgment rendered for the whole penalty, but execution shall 
issue for as much only as is found in damages, with costs. 
(b) In an action brought under subsection (a) of this section, 
upon judgment for the plaintiff on motion, default, or confession, 
the plaintiff may assign as many breaches as he chooses, the truth 
524 
PUBLIC LAW 88-241-DEC. 23,1963 
[77 STAT. 
of which shall be determined. 
The damages shall be assessed and 
execution shall issue for such damages only, with costs. 
(c) Payment into court, after entry of judgment and prior to the 
issuance of execution, of the amount of the damages and costs assessed, 
for the use of the plaintiff or his representatives, stays execution, 
and the stay shall be entered on the record. 
Payment to the plain-
tiff or his representatives, after execution, of the amount of the dam-
ages and costs assessed, together with all fees and other reasonable 
costs of execution, forthwith discharges the defendant's real and 
personal property from execution, and the discharge shall be entered 
on the record. However, the judgment shall remain as a security to the 
plaintiff or his representatives for any other breaches which he or they 
afterwards prove. From time to time, the plaintiff may, by motion 
and hearing, with reasonable notice to the defendant, assign other 
breaches, and damages shall be assessed for such breaches as he proves, 
with costs. Payment into court, before execution, or to the plaintiff or 
his representative, after execution, as herein described, has the same 
effect as hereinbefore directed. 
(d) In proceedings under this section, the right of trial by jury, 
as to issues of fact and the amoimt of damages to be assessed, is 
preserved. 
31 Stat 1265. 
^®^ This scctiou is subject to section 28-2405 of this Code and to 
j62_stat;_953,' 
section 1874 of Title 28, Ignited States Code. 
§ 15-107. Setting off judgments 
Where reciprocal claims between different parties have passed into 
judgments the court, on motion, may order that the judgments be set 
off against each other and satisfaction of both be entered to the amount 
of the smaller claim. 
Subchapter II—Court of General Sessions 
§ 15-131. Judgments and executions generally; interest 
In civil cases within its jurisdiction, the District of Columbia Court 
of General Sessions may try, hear, and determine the matter in con-
troversy between the parties upon their allegations and proofs, and 
give judgment according to law; and judgments for money ren-
dered by it bear interest from their date until paid or satisfied, unless 
by the terms of the judgment interest runs from an earlier date. 
Tlie 
court may issue writs of execution in cases in which it may render 
judgment. 
§ 15-132. Enforceable period of judgments; effect of docketing in 
District Court; Domestic Relations Branch 
(a) A judgment entered by the District of Columbia Court of 
General Sessions shall remain in force for only six years, unless it is 
docketed in the office of the clerk of the United States District Court 
for the District of Columbia. Upon being so docketed, the judgment 
has the same force and effect for all purposes as if it were a judgment 
of the District Court, and, until it is so docketed, it does not become a 
lien upon any real property in the District. The clerk of the District 
Court shall charge a fee of 50 cents for docketing the judgment. 
(b) A judgment of the Domestic Relations Branch of the Court of 
General Sessions has the same legal sttitus as a lien upon real property 
as a judgment of the District Court. 
(c) Upon the payment of a fee of 50 cents, the clerk of the Court of 
General Sessions shall prepare a copy of any judgment of the civil 
division of the Court, that is in force. 
77 STAT. ] 
PUBLIC L
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W 8ft-241-DEC. 23, 1963 
525 
§ 15-133. Satisfaction of judgment; recordation 
A judgment of the civil division of the District of Columbia Court 
of General Sessions, or execution thereon, may not be recorded as 
satisfied without the receipt of the plaintiff or his attorney annexed 
tliereto. 
CHAPTER 
3—ENFORCEMENT 
OF 
JUDGMENTS AND 
DECREES 
Sec. 
15-301. Definition and applicability. 
15-302. Period during which writ of execution may Issue; returnable period. 
15-303. Alias writs. 
15-304. Return of writ. 
15-305. Issuance of writ after expiration of period. 
15-306. Election to move for new judgment in lieu of execution. 
l.V-SOT. Lien of execution. 
15-^08. Endorsement, by marshal, of date of receipt of writ. 
1.V309. Death of judgment debtor after delivery of execution. 
15-310. Lien of execution on Court of General Sessions judgment; levy. 
15-311. Property subject to levy. 
15-312. Levy on money and evidences of debt. 
15-313. Levy on equitable interest in chattels pledged. 
15-314. Appraisement; notice of sale. 
1.^315. Death, removal, or disqualification of marshal. 
1.^-316. Subrogation of purchaser after defective sale; no refund. 
15-317. Remedy of marshal for erroneous sale made in good faith. 
1.5-318. Remedies of purchaser upon refusal to deliver possersion. 
15-319. Execution of final decree after death; other appropriate proceedings. 
1.5-320. Enforcement of decrees. 
l.'>-321. Enforcement of interlocutory decrees. 
15-322. Enforcement of decrees for delivery of chattels. 
15-323. Limitation on seizure of real property. 
§ 15-301. Definition and applicability 
As used in sections 16-302,15-303,15-305 to 15-307,15-309,15-310, 
15-317, and 15-318, "judgment" includes an unconditional decree for 
the payment of money, and sections 15-302 to 15-318 arei applicable 
to such a decree. 
§15-^02. Period during which writ of execution may issue; re-
turnable period 
(a) A writ of execution on a judgment in a civil action may be 
issued within three years after: 
(1) the expiration of any stay of execution agreed to by 
the parties; or 
(2) it first might have been issued under applicable pro-
visions of law or rules of court. 
(b) A writ of execution shall be returnable on or before the six-
tieth day after its date. 
§ 15-303. Alias writs 
If a writ of execution is issued and returned unsatisfied, in whole 
or in part, within the period of three years provided by section 
15-302, an alias writ may be issued during the life of the judgment. 
§ 15-^04. Return of writ 
If the return of a writ of execution is not made on or before the 
return day expressed in the writ it may nevertheless be made after-
wards as of that date. 
§ 15-305. Issuance of writ after expiration of period 
A writ of execution not issued within the time allowed there-
for, may not be issued until the judgment has been revived. The 
same rule applies to the order of revival in relation to the issuance 
of a writ of execution as to the original judgment. 
526 
PUBLIC LAW 88-241-DEC. 23, 1963 
[77 STAT. 
§ 15-306. Election to move for new judgment in lieu of execution 
During the life of the original judgment the plaintiff, instead of 
issuing execution thereon within the time allowed therefor, may elect 
to obtain a new judgment by motion and hearing as provided by rules 
of court. 
§ 15-307. Lien of execution 
A writ of fieri facias issued upon a judgment of the United States 
District Court for the District of Columbia is a lien from the time 
of its deliverv to the marshal upon all the goods and chattels of the 
judgment defendant, except those that are exempted from levy and 
sale by express provision of law, and is also a lien upon the equitable 
interest of the judgment defendant in goods and chattels in his 
possession. 
§ 15-308. Endorsement, by marshal, of date of receipt of writ 
Upon the receipt of any writ of fieri facias or other writ of execu-
tion, the marshal or his deputy shall, without fee, endorse upon the 
bacli of the writ the day of the month and year when he received it. 
§ 15-309. Death of judgment debtor after delivery of execution 
The death of the judgment debtor after the execution issued on the 
judgment has been delivered to the marshal does not affect his au-
thority to proceed against the property bound by it. 
§ 15-310. Lien of execution on Court of General Sessions judg-
ment; levy 
An execution issued on a judgment of the District of Columbia Court 
of General Sessions is not a lien on the personal property of the judg-
ment debtor except from the time when it is actually levied, and then 
it has priority over any execution issued out of the United States 
District Court for the District of Columbia after the levy. It may not 
be levied on real estate. 
§ 15-311. Property subject to levy 
The writ of fieri facias may be levied on all goods and chattels of 
the debtor not exempt from execution, and upon money, bills, checks, 
promissory notes, or bonds, or certificates of stock in corporations 
owned by the debtor, and upon his money in the hands of the marshal 
or his deputy or other officer or person charged with the execution of 
the writ. 
A writ of fieri facias issued from the United States Dis-
trict Court for the District of Columbia may be levied on all legal 
leasehold and freehold estates of the debtor in land. 
§ 15-^12. Levy on money and evidences of debt 
When the fieri facias is levied on money belonging to the judgment 
debtor the marshal may not expose the money to sale, but shall account 
for it as money collected. Bills or other evidences of debt levied upon 
shall be sold as other personal property is sold, and the marshal may 
indorse them to pass title to the purchaser. 
§ 15-313. Levy on equitable interest in chattels pledged 
The interest of the debtor in personal chattels lawfully pledged for 
the payment of a debt or performance of a contract, or held by a 
trustee, and in which the debtor's interest is only equitable, mav be 
levied upon in the hands of the pledgee or trustee without disturbing 
the possession of the latter, and the lien thus obtained may be enforced 
by civil action. In other cases of equitable interest of the judgment 
debtor in personal chattels execution may also be levied thereon and 
the lien thus obtained may be enforced by civil action. 
77 STAT. ] 
PUBLIC L
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W 88-241-DEC. 23, 1963 
527 
§15-314 Appraisement; notice of sale 
Where not herein otherwise provided, all property levied upon, ex-
cept money, shall be appraised by two sworn appraisers and sold at 
public auction for cash. 
Personal property may be sold after ten days' notice by advertise-
ment, containing a description sufficiently definite to be embodied in 
a conveyance of title. 
Leasehold and freehold estates in land may be sold after notice has 
been made in the manner provided by section 2002 of Title 28, United 
States Code. 
6 2 stat. 959. 
§ 15-315. Death, removal, or disqualification of marshal 
When the marshal dies, or is removed from office, or becomes other-
wise disqualified from executing a writ of execution received by him, 
the writ may be executed and returned by his deputy or successor in 
office. 
§ 15-316. Subrogation of purchaser after defective sale; no refund 
When, upon the sale of property under execution, the title of the 
purchaser is invalid by reason of a defect in the proceedings, the pur-
chaser may be subrogated to the rights of the creditor against the 
debtor to the extent of the money paid by him and applied to the 
^debtor's benefit, and to that extent lias a lien on the property sold 
against all persons except bona tide purchasers without notice; but the 
creditor may not be required to refund the purchase money on account 
of the invalidity of the sale. 
§ 15-517. Remedy of marshal for erroneous sale made in good faith 
When the marshal or any other officer to whom execution has been 
delivered levies upon and sells in good faith property not subject 
thereto and applies the proceeds thereof toward the satisfaction of 
the judgment, and a recovery is had against him for its value, the 
officer, on payment of the value, may, on motion and due notice thereof 
to the defendant, have the satisfaction of the judgment vacated, and 
execution shall issue thereon for his use as if the levy and sale had 
not been made. 
§ 15-^18. Remedies of purchaser upon refusal to deliver possession 
When real property is sold by virtue of an execution, and the judg-
ment debtor or a person claiming under him since the rendition of 
the judgment is in actual possession of the property and refuses to 
deliver possession thereof to the purchaser upon demand made there-
for, the court, on the application of the purchaser, may: 
(1) require the person so in possession to show cause why 
possession should not be delivered according to the demand; 
and 
(2) if good cause is not shown, issue a writ of habere facias 
possessionem, requiring the marshal to put the purchaser in 
possession. 
If the party in possession alleges under oath a title derived from 
the judgment debtor prior to the judgment or a title superior to that 
of the defendant, the writ may not issue, but the purchaser may have 
his remedy by an action of ejectment or the summary remedy in the 
District of Columbia Court of General Sessions provided for in 
sections 16-1501 to 16-1605. 
§ 15-^19. Execution of final decree after death; other appropriate 
proceedings 
When a party to an action dies after final decree, the court may 
order execution of the decree as if death had not occurred, or the 
court, after motion and hearing, may order the decree revived against 
528 
PUBLIC LAW 88-241-DEC. 23, 1963 
[77 STAT. 
the proper representatives of the deceased party, or make such other 
order or direct such other proceedings as seems best calculated to 
advance the purposes of justice. The heir or other proper representa-
tive may appear at any time before execution of the decree and be 
admitted as a party to the action, on such terms as the court prescribes, 
and such further proceeding may be had as may be appropriate to the 
merits of the cause. 
§ 15-320. Enforcement of decrees 
(a) For the purpose of executing a decree, or compelling obedience 
to it, the United States District Court for the District of Columbia 
or the District of Columbia Court of General Sessions, in addition to 
the other procedures provided for by this chapter and chapter 5 
of Title 16, may: 
(1) issue an attachment against the person of the defend-
ant; 
(2) order an immediate sequestration of his real and 
personal estate, or such part thereof as may be necessary 
to satisfy the decree; or 
(3) by order and injunction, cause the possession of the 
estate and effects whereof the possession or a sale is decreed 
to be delivered to the complainant, or otherwise, according 
to the tenor and import of the decree and as the nature of 
the case requires. 
In case of sequestration, the court may order payment and satis-
faction to be made out of the estate and effects so sequestrated, ac-
cordingto the true intent and meaning of the decree. 
(b) When a defendant is arrested and brought into court upon any 
process of contempt issued to compel the performance of a decree, 
the court may, upon motion, order: 
(1) the defendant to utand committed; or 
(2) his estates and effects to be sequestrated and payment 
made, as directed by subsection (a) of this section; or 
(3) possession of his estate and effects to be delivered by 
order and injunction, as directed by subsection (a) of this 
section— 
until the decree or order is fully performed and executed, according 
to the tenor and true meaning thereof, and the contempt cleared. 
(c) Where a decree only directs the payment of money, the defend-
ant may not be imprisoned except in those cases especially provided 
for. 
§ 15-321. Eniforcement of interlocutory decrees 
An interlocutory order may be enforced by such process as might 
be had upon a final judgment or decree to the like effect, and the pay-
ment of costs adjudged to a party may be enforced in like manner. 
§ 15-322. Enforcement of decrees for delivery of chattels 
In addition to the procedures for enforcement of judgments or 
decrees otherwise provided for, an order or decree for the delivery of 
chattels may be enforced by the same writs as are used in the action 
of replevin at common law. 
§ 15-323. Limitation on seizure of real property 
Real property or rent shall not be seized for a debt, as long as the 
present goods and chattels of the debtor are sufficient to pay it, and 
the debtor himself is ready to satisfy the debt. 
77 STAT. ] 
PUBLIC LAW 88-241-DEC. 23, 1963 
52ii 
CHAPTER 5—EXEMPTIONS AND TRIAL OF RIGHT TO 
SEIZED PROPERTY 
SUBCHAPTER I—EXEMPTIONS 
See. 
15-501. Exempt property of householder; proi)erty in transitu; debt for wages. 
15-502. Mortgage or other instrument affecting exempt property. 
15-503. Earnings and other income; wearing apparel and tools of certain persons. 
SUBCHAPTER II—TRIAL OF RIGHT TO PROPERTY SEIZED ON 
PROCESS OF COURT OF GENERAL SESSIONS 
15-621. Notice of claim or exemption; trial. 
15-522. Docketing of claim; manner of trial. 
15-523. Judgment. 
15-524. Replevin against officer. 
Subchapter I—Exemptions 
§ 15-501. Exempt property of householder, property in transitu; 
debt for wages 
(a) The following property of the head of a family or householder 
residing in the District of Columbia, or of a person who earns the 
major portion of his livelihood in the District of Columbia, being the 
liead of a family or householder, regardless of his place of residence, 
IS free and exempt from distraint, attachment, levy, or seizure and 
sale on execution or decree of any court in the District of Columbia: 
(1) all wearing apparel provided for all persons within 
the household, being members of the immediate family of the 
household, not exceeding $300 per person in value; 
(2) all beds, bedding, household furniture and furnish-
ings, sewing machines, radios, stoves, cooking utensils, not 
exceeding $300 in value; 
(3) provisions for three months' support, whether provided 
or growing; 
(4) fuel for three months; 
(6) mechanics' tools and implements of the debtor's trade 
or business amounting to $200 in value, with $200 worth of 
stock or materials for carrying on the business or trade of the 
debtor; 
(6) the library, office furniture, and implements of a pro-
fessional man or artist, not exceeding $300 in value; 
(7) one horse or mule; one cart, wagon, or dray and har-
ness, or one automobile or motor-controlled vehicle not ex-
ceeding $500 in value if used principally by the debtor in his 
trade or business; and 
(8) all family pictures; and all the family library, not 
exceeding $400 in value. 
The exemption provided for by clause (5) of this subsection 
also applies to merchants. 
(b) The exemptions provided for by subsection (a) of this section. 
are valid when the property is in transitu the same as if at rest; but 
property named and exempted in this section is not exempt from 
attachment or execution for a debt due for the wages of servants, 
common laborers, or clerks, except the wearing apparel, beds, and 
bedding and household furniture for the debtor and family. 
(c) For the purpose of this section, the person who is the principal 
provider for the family is the head thereof. 
93-025 0-64-36 
530 
PUBLIC LAW 88-241-DEC. 23, 1963 
[77 STAT. 
§15-502. Mortgage 
or 
other 
instrument 
affecting 
exempt 
property 
A mortgage, deed of trust, assignment for the benefit of creditors, or 
bill of sale upon exempted articles is not binding or valid unless it is 
signed by the wife of a debtor who is married and living with his wife. 
§ 15-503. Earnings and other income; wearing apparel and tools 
of certain persons 
(a) The earnings (other than wages, as defined in subchapter III 
of chapter 5 of Title 16), insurance, annuities, or pension or retire-
ment payments, not otherwise exempted, not to exceed $200 each 
month, of a person residing in the District of Columbia, or of a person 
who earns the major portions of his livelihood in the District of Colum-
bia, regardless of place of residence, who provides the principal sup-
port of a family, for two months next preceding the issuing of any 
writ or process against him, from any court or officer of and in the 
District, are exempt from attachment, levy, seizure, or sale upon the 
process, and may not be seized, levied on, taken, reached, or sold by 
process or proceedings of any court, judge, or other officer of and in 
the District. 
Where husband and wife are living together, the aggre-
gate of the earnings, insurance, annuities, and pension or retirement 
payments of the husband and wife is the amount which shall be deter-
minative of the exemption of either in cases arising ex contractu. 
(b) The earnings (other than wages, as defined in subchapter III 
of chapter 5 of Title 16), insurance, annuities, or pension or retire-
ment payments, not otherwise exempt, not to exceed $60 each month 
for two months preceding the date of attachment of persons residing 
in the District of Columbia, or of persons who earn the major portions 
of their livelihood in the District of Columbia, regardless of place of 
residence, who do not provide for the support of a family, are entitled 
to like exemption from attachment, levy, seizure, or sale. All wearing 
apparel belonging to such persons, not exceeding $300 in value, and 
mechanic's tools not exceeding $200 in value, are also exempt. 
(c) A notice of claim of exemption, or motion to fjuash attachment 
or other process against exempt property or money, may be filed in the 
office of the clerk of the court either by the debtor, his spouse, or a 
garnishee. Thereupon, the court, after due notice, shall promptly act 
upon the notice, motion, or other claim of exemption. 
Subchapter II—Trial of Right to Property Seized on Process of 
Court of General Sessions 
§ 15-521. Notice of claim or exemption; trial 
When personal property taken on execution or other process issued 
by the District of Columbia Court of General Sessions is claimed by 
a person other than the defendant therein, or is claimed by the defend-
ant to be property exempt from execution, and the claimant gives 
written notice to the marshal of his claim, or the defendant gives 
notice, in writing, that the property is exempt, the marshal shall notify 
the plaintiff of the claim and return the notice to the court, and a 
trial of the right of property, or the question of exemption, shall be 
had before the court. 
§ 15-522. Docketing of claim; manner of trial 
The case made by the claim referred to in section 15-521 shall be 
entered on the docket as an action by the claimant or the defendant 
against the plaintiff and tried in the same manner^as other cases before 
the District of Columbia Court of General Sessions. 
77 STAT. ] 
PUBLIC LAW 88-241-DEC. 23, 1963 
531 
§ 15-523. Judgment 
If the property referred to in section 15-521 appears to belong to 
the claimant or to be exempt from the process, judgment shall be en-
tered against the plaintiff for costs, and the property levied upon 
shall be released. If the property does not appear to belong to the 
claimant or to be exempt, judgment shall be entered against the claim-
ant or the defendant as the case may be, for costs, including additional 
costs occasioned by the delay in the execution of the writ. 
§ 15-524. Replevin against officer 
This subchapter does not prevent a claimant other than the defend-
ant from bringing an action of replevin against the officer levying 
upon the property claimed as described in this subchapter. 
CHAPTER 7—FEES AND COSTS 
15-701. Compensation taxed as costs; attorneys' compensation from clients. 
15-702. Docket fees of attorneys and proctors. 
15-703. Deposit for costs; security for costs by nonresidents. 
15-704. Advance payment of costs and fees. 
15-705. Exemption of District of Columbia and United States from fees, costs, 
and bonds. 
15-706. Clerk's fees in United States District Court for the District of Columbia. 
15-707. Probate Court fees. 
15-708. Deposit for probate court fees. 
15-709. Fees and costs in Court of General Sessions in ciril and criminal cases. 
15-710. Fees and costs in Domestic Relations Branch of Court of General 
Sessions. 
15-711. Deposit or security for costs in Court of General Sessions. 
15-712. Waiver of prepayment of costs in Court of General Sessions. 
15-713. Deposits for jury trials in Court of General Sessions. 
15-714. Witness fees for attendance in Court of General Sessions. 
15-715. Witness fees in prosecutions for cruelty to children or animals. 
15-716. Advances to Court of General Sessions clerk for witness fees. 
§ 15-701. Compensation taxed as costs; attorneys' compensation 
from clients 
(a) Except as otherwise provided by law, only the compensation 
specified in this chapter may be taxed and allowed to attorneys, proc-
tors. United States attorney, clerk of the United States District Court 
for the District of Columbia, marshal, witnesses, and jurors. 
(b) This chapter does not prohibit attorneys and proctors from 
charging or receiving from their clients other than the government 
such reasonable compensation for their services, in addition to the 
taxable costs, as may be in accordance with general usage or may be 
agreed upon. 
§ 15-702. Docket fees of attorneys and proctors 
(a) Attorney's and proctor's docket fees may be taxed in the 
62 stat. 956. 
amounts fixed by section 1923 of Title 28, United States Code. 
(b) An attorney for the District of Columbia may not retain at-
torney fees taxed as costs in litigation in which the District of Co-
lumbia is a party. 
§15-703. Deposit for costs; security for costs by nonresidents 
(a) At the commencement of every suit in the United States Dis-
trict Court for the District of Columbia the plaintiff shall deposit 
at least ten dollars with the clerk, to be appropriated toward the costs 
of the suit. The court may prescribe rules as to any further costs to 
be paid by either the plaintiff or defendant during the progress of 
532 
PUBLIC LAW 88-241-DEC. 23, 19^3 
[77 STAT. 
the case, and as to the collection thereof. 
Upon the termination 
of the case any surplus of costs shall be refunded by the clerk. 
(b) The defendant in a suit instituted by a non-resident of the Dis-
trict of Columbia, or by one who becomes a non-resident after the suit 
is commenced, upon notice served on the plaintiff or his attorney after 
service of process on the defendant, may require the plaintiff to give 
security for costs and charges that may be adjudged against him on 
tlie final disposition of the cause. This right of the defendant does 
not entitle him to delay in pleading, and his pleading before the giv-
ing of the security is not a waiver of his right to require security for 
costs. In case of noncompliance with these requirements, within a 
time fixed by the court, judgment of nonsuit or dismissal shall be 
entered. 
The security required may be by an undertaking, with 
security, to be approved by the court, or by a deposit of money in 
an amount fixed by the court. 
A nonresident, at the commencement of his suit, may deposit with 
the clerk such sum as the court deems sufficient as security for all 
costs that may accrue in the cause, which deposit may afterwards be 
increased on application, in the discretion of the court. 
§ 15-704. Advance payment of costs and fees 
(a) Costs and fees for services rendered by the clerk of the United 
States District Court for the District of Columbia and the Register of 
Wills and chargeable to others than the United States or the District 
of Columbia are payable in advance and shall be collected pursuant to 
such rules and regulations, not incompatible with law, as are prescribed 
by the court. 
(b) Section 15-706 does not prohibit the court from directing, by 
rule or standing order, the collection, at the time the services are ren-
dered, of the fees enumerated in that section from either party, but 
all such fees shall be taxed as costs in the respective cases. 
§ 15-705. Exemption of District of Columbia and United States 
from fees, costs, and bonds 
(a) The District of Columbia or any officer thereof acting therefor 
may not be required to pay court costs or fees in any court in and for 
the District of Columbia. 
(b) The District of Columbia may not be required to pay fees to 
the clerk of the United States Court of Appeals for the District of 
Columbia, or to the marshal of the District, and is entitled to the 
services of the marshal in the service of aJl civil process. 
(c) The United States and the District of Columbia may not be 
required to pay fees and costs for services rendered by the clerk of 
the United States District Court for the District of Columbia and 
the Register of Wills. 
(d) Neither the United States nor the District of Columbia, nor 
any officer of either acting in his official capacity, may be required to 
give bond or enter into undertaking to perfect an appeal or to obtain 
an injunction or other writ, process, or order in or of axij court in 
the District of Columbia for which a bond or undertaking is required 
by law or rule of court. 
§ 15-706. Clerk's fees in United States District Court for the Dis-
trict of Columbia 
(a) For filing the following-named cases and for all services to be 
performed therein, except as otherwise provided by law, the clerk 
of the United States District Court for the District of Columbia shall 
charge and collect the following fees: 
(1) civil actions, $10; 
(2) lunacy cases, $10; 
77 STAT. ] 
PUBLIC L
A
W 88-241-DEC. 23, 1963 
533 
(3) deportation cases, $10; 
(4) requisition cases, $10; 
(5) habeas corpus cases, $10; 
(6) plea of title cases, $10; 
^7) District court cases, $15; 
(8) condemnation cases, $15; 
(10) feeble-minded cases, $7.50; 
Ql) change of name cases, $5; 
{12) intervening petitions in any case, $5; 
(13) cases substituting trustees, $4; 
(14) docketing judgments of the District of Columbia 
Court of General Sessions, as provided in section 
15-132; and 
(15) limited partnership cases, $3. 
(b) Upon the perfecting of an appeal to the United States Court 
of Appeals for the District of Columbia Circuit, the clerk shall charge 
and collect from the party or parties prosecuting the appeal an 
additional fee of $5 in the action or proceeding. 
(c) For each additional trial or linal hearing, upon a reversal by 
the United States Court of Appeals for the District of Columbia Cir-
cuit, or following a disagreement by a jury or the granting of a new 
trial or rehearing by the court, the clerk shall charge and collect from 
the party or parties securing the reversal, new trial, or rehearing, the 
further sum of $5. 
(d) In a case where attachments, executions, or rules are issued, the 
clerk shall charge and collect the following fees in addition to the fees 
otherwise provided: 
(1) for each writ of attachment, $1, and each copy, $1; 
(2) for each writ of execution, $1.50; 
(3) for each rule 50 cents, and each copy certified, 50 cents; 
(4) for each writ of ne exeat, $1; 
(5) for each bench warrant, $1; 
(6) for each warrant of arrest, $1. 
(e) In addition to the fees for services rendered in cases herein-
before enumerated the clerk shall charge and collect, for miscellaneous 
services performed by him and his assistants, except when on behalf 
of the United States, the following fees: 
(1) for issuing a writ or subpoena for a witness not in a 
case instituted or pending in the court from which it is issued, 
50 cents for each writ and copy or subpoena and copy; 
(2) for filing and indexing any paper not in a case or pro-
ceeding, 25 cents; 
(3) for administering an oath or affirmation, not in a case 
or proceeding pending in the court where the oath is ad-
ministered, 50 cents; 
(4) for an acknowledgment, certificate, affidavit, or coun-
tersignature, with seal, 50 cents; 
(5) for taking and certifying depositions to file, 20 cents 
for each folio of one hundred words, and if taken steno-
graphically, 15 cents per folio additional for the stenog-
rapher; 
(6) for copy of a record, entry, or other paper and the 
comparison thereof, 15 cents for each folio of one hundred 
words; 
(7) for searching the records of the court for judgments, 
decrees, or other instruments, or marriage records, 50 cents 
for each year covered by the search and for certifying the 
result, 50 cents; 
534 
PUBLIC L
A
W 88-241-DEC. 23, 1963 
[77 STAT. 
(8) for making and comparing a transcript of record on 
appeal, 16 cents for each folio of one hundred words; 
(9) for comparing a transcript, copy of record, or other 
paper not made by the clerk with the original thereof, 5 
cents for each folio of one hmidred words; 
(10) for administering oath of admission of attorneys to 
practice, $2 each; for certificate of admission to be furnished 
upon request, $2 additional; 
(11) for each marriage license, $2; 
(12) for each certified copy of marriage license and return, 
$1; 
(13) for each certified copy of application for marriage 
license, $1; 
(14) for registering clergymen's authorizations to perform 
marriages and issuing certificate, $1; 
(15) for each certificate of official character, including the 
seal, 60 cents; 
(16) for filing and recording each notice of mechanic's 
lien, $1; 
(17) for entering release of mechanic's lien, 60 cents for 
each order of lienor; 75 cents for each undertaking of lienee; 
(18) for recording physicians', optometrists', and mid-
wives' licenses, 50 cents each; 
(19) for the clerks' attendance on the court while actually 
in session, $6 per day; 
(20) for all services rendered to the United States in cases 
in which the United States is a party of record, $5. 
§ 15-707. Probate Court fees 
(a) The Eegister of Wills, clerk of the Probate Court, may de-
mand and receive in advance, for services performed by him, the fol-
lowing fees: 
(1) for filing petition or caveat, 50 cents; 
(2) for filing other papers, each 5 cents; 
(3) for making docket and indexes and taxing costs in each 
case, $2.50; 
(4) for additional docket entries, each, 26 cents; 
(5) for issuing subpoena to witness and copies, each, 25 
cents; 
(6) for issuing subpoena duces tecum, 50 cents; 
(7) for issuing summons, citation, commission, rule, war-
rant, notice of trial, process, execution, attachment, or writ, 
each$l; 
(8) for issuing notices to creditors, distributees, and lega-
tees, each 50 cen^; 
(9) for copies of summons, citation, rule, warrant, or other 
process, order of publication, notice to creditors, legatees, and 
distributees, attested under seal and delivered for service or 
publication, each 50 cents; 
(10) for taking and recording every bond, $1.50; 
(11) for a probate of will, inventory, or account, $1; 
(12) for issuing letters testamentary or of administration, 
collection, or guardianship, $1; 
(13) for issuing certificate of appointment of executor, 
administrator, collector, or guardian, $1; 
(14) for entering panel of jury and swearing them, 50 
cents; 
(15) for administering an oath or affirmation, 15 cents; 
(16) for passing a claim against an estate and entering in 
docket of claims, 30 cents; 
77 STAT. ] 
PUBLIC LAW 88-241-DEC. 23, 1963 
535 
(17) for drawing depositions of witnesses, per folio, 15 
cents; 
(18) for ever^ search of the files or records outside of a 
regular proceeding, where no other service is performed for 
which a fee is allowed, $1; 
(19) for examining or stating an account of executor, ad-
ministrator, collector, guardian, receiver, or trustee, not ex-
ceeding one hundred items, $5; 
(20) for each additional item, 2 cents; 
(21) for stating the distribution of an estate, for each dis-
tributee, $1; 
(22) for a copy of an account, not exceeding one hundred 
items, $1.50; 
(23) for each additional item, 2 cents; 
(24) for recording all papers, per folio, 15 cents; 
(25) for copies of all papers not otherwise specified, per 
folio, 12 cents; 
(26) for every certificate under seal, not otherwise speci-
fied, 50 cents. 
(1)) Where the estate does not exceed two hundred dollars in value 
the Register of Wills shall receive no fees, and where the estate does 
not exceed five hundred dollars in value the fees may not exceed ten 
dollars, 
(c) The court may allow to the Register reasonable fees for any 
service he may render not specified by section 15-706. 
§ 15-708. Deposit for probate court fees 
For proceedings in the probate court deposits and fees shall be paid 
to the Regrster of Wills. 
Upon the presentation for filing of a petition or a caveat to a wiU, 
he may require a deposit for his fees to be charged for the proceed-
ings under the petition or caveat. Upon the deposit becoming ex-
hausted in the liquidation of his fees so charged, he may require a 
further deposit from the original petitioner or caveator. 
The de-
posits may not be required in excess of fifteen dollars at any one time. 
§ 15-709. Fees and costs in Court of General Sessions in civil and 
criminal cases 
(a) The District of Columbia Court of General Sessions may pre-
scribe fees and costs, including the fee to be paid for a jury trial. 
Sec-
tion 15-702(a), relating to docket fees of attorneys and proctors, 
does not apply to the Court of General Sessions. 
(b) Fees for service by the United States marshal of process issued 
by the Court of General Sessions shall be: 
(1) in civil actions, as prescribed by rule of the United 
States District Court for the District of Columbia; and 
(2) in criminal actions, the same as fees prescribed for like 
service in the District Court. 
§ 15-710. Fees and costs in Domestic Relations Branch of Court 
of General Sessions 
The judges of the Domestic Relations Branch of the District of 
Columbia Court of General Sessions, with the approval of the chief 
judge of the court, shall prescribe, by rules, the fees, charges, and costs 
in actions and proceedings in the Domestic Relations Branch. 
§ 15-711. Deposit or security for costs in Court of General Sessions 
Nonresidents of the District of Columbia may commence suits in the 
District of Columbia Court of General Sessions without first giving 
security for costs, but upon motion may be required to give security 
pursuant to section 15-703. 
536 
PUBLIC LAW 88-241-DEC. 23, 1963 
[77 STAT. 
§ 15-712. Waiver of prepayment of costs in Court of General 
Sessions 
When satisfactory evidence is presented to the District of Columbia 
Court of General Sessions or one of the judges thereof that the plain-
tiff in a suit is indigent and unable to make deposit of costs, the court 
or judge may permit the prosecution of the suit without the prepay-
ment or deposit of costs. 
§ 15-713. Deposits for jury trials in Court of General Sessions 
Deposits made on demands for jury trials in accordance with rules 
prescribed by the District of Columbia Court of General Sessions 
under authority granted in section 15-709 shall be earned unless, prior 
to three days before the time set for trial, including Sundays and legal 
holidays, a new date for trial is set by the court, cases are discontinued 
or settled, or demands for jury trials are waived. 
§ 15-714. Witness fees for attendance in Court of General Sessions 
(a) There shall be paid to witnesses in criminal cases in the District 
of Columbia Court of General Sessions, not exceeding seventy-five 
cents per diem for each day of attendance, to be allowed only in the 
discretion of the court. 
(b) The fees and travel allowances to be paid any witness compelled 
by subpoena to attend any branch of the District of Columbia Court of 
General Sessions other than the criminal division shall be the same 
amount as paid a witness compelled to attend before the United 
States District Court for the District of Columbia. 
§ 15-715. Witness fees in prosecutions for cruelty to children or 
animals 
An officer or member of the Humane Society is not entitled to any 
fee as a witness in the prosecution of a case of cruelty to children or 
animals. 
§ 15-716. Advances to Court of General Sessions clerk for witness 
fees 
The Board of Commissioners or its authorized representative may 
advance to the clerk of the District of Columbia Court of General 
Sessions upon requisition previously approved by the Board of Com-
missioners or its authorized representative, sums of money not ex-
ceeding $500 at any one time, to be used for the payment of witness 
fees. 
TITLE 16—PARTICULAR ACTIONS, PROCEED-
INGS AND MATTERS 
CHAPTER 
Sec. 
1. ACCOUNT 
16-101 
3. ADOPTION 
16-301 
5. ATTACHMENT AND GABNISHHENT 
16-501 
7. CRIMINAL PBOCEEDINOS IN THE COTJBT OF GENERAL SESSIONS 
16-701 
9. DivoBCE, ANNULMENT, SEPABATION, SIJPPORT, ETC 
16-001 
11. EJECTMENT AND OTHEB REAL PBOPEBTT ACTIONS 
16-1101 
13. EMINENT 
DOMAIN 
16-1301 
15. FORCIBLE ENTBT AND DETAINEB 
16-1501 
17. GAMING TBANBACTIONS 
16-1701 
19. HABEAS 
GOBPUB 
16-1901 
21. JOINT CONTBACTS 
1()-2101 
23. JUVENILE OOUBT PBOCEEDINOS 
16-2301 
25. CHANGE or NAME 
16-2501 
27. NEGLIGENCE CAUSING DEATH 
16-2701 
29. PABTITION AND ASSIGNMENT or DOWEB 
16-2901 
31. PROBATE COURT PBOCEEDINOS 
16-3101 
33. QUIETING TTTLE OBTAINED BY AOVEBSE POSSESSION 
16-3301 
85. Quo WABBANTO 
16-3601 
37, REPLEVIN 
16-3701 
39. SMALL CLAIMS AND CONCILIATION PBOCEDUBE IN COUBT OF GENERAL 
SESSIONS 
16-3901 
41. SUBBTIEB 
16-4101 
77 STAT. ] 
PUBLIC LAW 88-241-DEC. 23, 1963 
537 
CHAPTER l—ACCOUNT 
Sec. 
16-101. Parties. 
§ 16-101. Parties 
An action of account ^hall and may be brought against the executor 
ind administrator of every guardian, bailiff and receiver; and by one 
joint-tenant and tenant in common, his executors and administrators, 
against the other, as bailiff for receiving more than comes to his just 
share or proportion, and against the executor and administrator of 
such a jomt-tenant or tenant in common. 
CHAPTER 3—ADOPTION 
See. 
16-301. Jurisdiction; rules. 
16-302. Persona who may adopt. 
16-303. Persons adopted. 
16-.304. Consent 
16-305. Petition for adoption. 
16-306. Notice of adoption proceeding. 
16-:i07. InvestlRation, report, and recommendation. 
16-308. Investigations when prospective adoptee is adult or petitioner is spouse 
of natural parent. 
16-309. Adoption proceedings. 
16-310. Finality of decrees of adoption. 
16-311. Sealing and inspection of records and papers. 
16-312. Legal effects of adoption. 
16-^13. Child as including adopted person. 
16-314. Birth certificates. 
§16-301. Jurisdiction; rules 
(a) Subject to subsection (b) of this section, the Domestic 
Relations Branch of the District of Columbia Court of General Ses-
sions has jurisdiction to hear and determine petitions and decrees of 
adoption of any adult or child with authority to make such rules, 
not inconsistent with this chapter, as shall bring fully before the 
court for consideration the interests of the prospective adoptee, the 
natural parents, the petitioner, and any other properly interested 
party. 
(b) Jurisdiction shall be conferred when any of the following cir-
cumstances exist: 
(1) petitioner is a legal resident of the District of 
Columbia: 
(2) petitioner has actually resided in the District for at 
least one year next preceding the filing of the petition; or 
(3) the child to be adopted is in the legal care, custody, 
or control of the Commissioners or a child-placing agency 
licensed under the laws of the District. 
§ 16^02. Persons who may adopt 
^ Any person may petition the court for a decree of adoption. A peti-
tion may not be considered by the court unless petitioner's spouse, if 
he has one, joins in the petition, except that if either the husband or 
wife is a natural parent of the prospective adoptee, the natural parent 
need not join in the petition with the adopting parent, but need only 
give his or her consent to the adoption. If the marital status of the 
petitioner changes after the time of filing the petition and before the 
time the decree of adoption is final, the petition must be amended 
accordingly. 
§ 16^03. Persons adopted 
A person, whether a minor or BXI adult, may be adopted. 
538 
PUBLIC LAW 88-241-DEC. 23, 1963 
[77 STAT. 
§16-304. Consent 
(a) A jpetition for adoption may not be granted by the court unless 
there is filed with the petition a written stutenient of consent, as 
provided by this section, signed and acknowledged before an officer 
authorized by law to take acknowledgments, befoi-e a representative of 
a licensed child-placing agency, or before the Board of Commissioners 
of the District, or unless a relinquishment of parental rights with 
respect to the prospective adoptee has been recorded and filed as pro-
58 Stat. 194; 
vided hv scctlou 32-786. 
68 Stat. 248. 
(J,) Consent to a proposed adoption of a person under twenty-one 
years of age is necessary: 
(1) from the prospective adoptee, if he is fourteen years of 
age or over; and also, 
(2) in accordance with the provisions of any one of the 
following paragraphs: 
(A) from both parents, if they are or were married 
and are both alive; or 
(B) from the living parent of the prospective adoptee, 
if one of the parents is dead; or 
(C) from the mother in the case of a prospective 
adoptee bom out of wedlock, unless the prospective 
adoptee has been legitimated according to the laws of 
any jurisdiction, in which case the consent of the father 
is also required if he is alive; or 
(D) from the mother of a prospective adopter bom in 
wedlock, if the illegitimacy of the prospective adoptee 
has been established to the satisfaction of the court; or 
(E) from the c^urt-appointed guardian of the pros-
pective adoptee; or 
(F) from a licensed child-placing agency or the Board 
of Commissioners in case the parental rights of the 
parent or parents have been terminated by a court of 
competent jurisdiction or by a release of parental rights 
to the Board or licensed child-placing agency, based upon 
consents obtained in accordance with paragraphs (A) 
through (E) of this subdivision, and the prospective 
adoptee has been lawfully placed under the care and 
custody of the agency or the Board: or 
(G) from the Board of Commissioners in any situa-
tion not otherwise provided for by this subdivision. 
(c) Minority of a natural parent is not a bar to that parent's con-
sent to adoption. 
(d) "When a parent whose consent is hereinbefore required, after 
such notice as the court directs, cannot be located, or has abandoned 
the prospective adoptee and voluntarily failed to contribute to his 
support for a period of at least six months next preceding the date of 
the filing of the petition, the consent of that parent is not required. 
(e) The court may grant a petition for adoption without any of 
the consents specified in this section, when the court finds, after a hear-
ing, that the consent or consents are withheld contrary to the best 
interests of the child. 
(f) A person over twenty-one years of age may be adopted, on the 
petition of the adopting parent or parents and with the consent of the 
prospective adoptee, if the court is satisfied that the adoption should 
be granted. 
§ 16-305. Petition for adoption 
A petition filed for the adoption of a person shall be under oath 
or affirmation of the petitioner and the titling thereof shall be sub-
77 STAT. ] 
PUBLIC L
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539 
stantially as follows: "Ex parte in the matter of the petition of 
for adoption." The petition or 
the exhibits annexed thereto shall contain the following information: 
(1) the name, sex, date, and place of birth of the prospec-
tive adoptee, and the names, addresses and residences of the 
natural parents, if known to the petitioner, except that in 
an adoption proceeding that is consented to by the Board 
of Commissioners or a licensed child-placing agency, the 
names, addresses and residences of the natural parents may 
not be set forth; 
(2) the name, address, age, business or employment of the 
petitioner, and the name of the employer, if any, of the 
petitioner; 
(3) the relationship, if any, of the prospective adoptee to 
the petitioner; 
(4) the race and religion of the prospective adoptee, or 
his natural parent or parents; 
(6) the race and religion of the petitioner; 
(6) the date that the prospective adoptee commenced re-
siding with petitioner; and 
(7) any change of name which may be desired. 
"When any of the above facts is unknown to the petitioner, the peti-
tioner shall state this fact. When any of the above facts is known to 
the Board of Commissioners, or a licensed child-placing agency that 
as a matter of social policy declines to disclose them to the petitioner, 
the facts may be disclosed to the court in an exhibit filed by the Board 
or the agency with the court. If more than one petitioner joins in a 
petition, the requirements of this section apply to each. 
§ 16-^06. Notice of adoption proceedings 
(a) Except as provided by subsection (b) of this section, due notice 
of pending adoption proceedings shall be given to each person whose 
consent is necessary thereto, immediately upon the filing of a petition. 
The notice shall be given by summons, by registered letter sent to the 
addressee only, or otherwise as ordered by the court. 
(b) A party who formally gives his consent to the proposed adop-
tion, as provided by this chapter, thereby waives the requirement of 
notice to him pursuant to this section. 
§16-307. Investigation, report, and recommendation 
(a) Except as provided bv section 16-308, upon the filing of a peti-
tion the court shall refer the petition for investigation, report, and 
recommendation to: 
(1) the licensed child-placing agency by which the case 
is supervised; or 
(2) the Board of Commissioners, if the case is not super-
vised by a licensed child-placing agency. 
(b) The investigation, report, and recommendation shall include: 
(1) an investigation of: 
(A) the truth of the allegations of the petition; 
(B) the environment, antecedents, and assets, if any, 
of the prospective adoptee, to determine whether he is a 
proper subject for adoption; 
(C) the home of the petitioner, to determine whether 
the home is a suitable one for the prospective adoptee; 
and 
(D) any other circumstances and conditions that may 
have a bearing on the proposed adoption and of which 
the court should have knowledge; 
(2) a written report to the court of the findings of the 
investigation; and 
540 
PUBLIC LAW 88-241-DEC. 23, 1963 
[77 STAT. 
(3) a recommendation to the court whether a final decree 
declaring tlie adoption prayed for in the petition should be 
immediately granted, or whether the court should grant an 
interlocutory decree granting temporary custody of this pros-
pective adoptee to the petitioner, as hereinafter set forth, 
(c) The written report submitted to the court shall be filed with. 
ami become part of, the records in the case. 
§ 16-308. Investigations when prospective adoptee is adult or 
petitioner is spouse of natural parent 
The court may dispense with the investigation, report, and inter-
locutory decree provided for by this chapter when: 
(1) the prospective adoptee is an adult; or 
(2) the petitioner is a spouse of the natural parent of the 
prospective adoptee and the natural parent consents to the 
adoption or joins in the petition for adoption. 
§16-309. Adoption proceedings 
(a) Within a pwiod of ninety days, or such time as extended by the 
court, after a copy of the petition and the order providing for the 
report is served upon the agency directed to make the investigation, 
the agency shall make the report and recommendation required by 
section 16-307 to the court and thereupon the court shall proceed to 
act upon the petition. 
(b) After considering the petition, the consents, and such evidence as 
the parties and any other properly interested person may present, the 
court may enter a final or interlocutory decree of adoption when it is 
satisfied that: 
(1) the prospective adoptee is physically, mentally, and 
otherwise suitable for adoption by the petitioner; 
(2) the petitioner is fit and able to give the prospective 
adoptee a proper home and education; and 
(3) the adoption will be for the best interests of the pros-
pective adoptee. 
(c) A final decree of adoption may not be entered unless the pro-
spective adoptee has been living witli tlie petitioner for at least six 
months. 
(d) If it appears to be in the interest of the prospective adoptee, 
the court may enter an interlocutory decree of adoption, which shall 
by its terms automatically become a final decree of adoption on a day 
therein named, not less than six months nor more than one year, from 
the date of entry of the interlocutory decree, unless in the interim the 
decree shall have been set aside for cause shown. 
Tlie supervising 
agency shall be permitted to visit the adoptee during the period of the 
interlocutory decree. 
(e) The court may revoke its interlocutory decree for good cause 
shown at any time before it becomes a final decree, either on its own 
motion or on the motion of one of the parties to the adoption. 
Before 
the revocation, notice shall be given thereof to all those persons or 
parties who were given notice of the original petition for adoption, 
and an opportunity for all of them to be heard. 
(f) All proceedings with reference to adoption shall be of a con-
fidential nature and shall be held in chambers or in a sealed courtroom 
with as little publicity as the court deerris appropriate. 
§ 16-310. Finality of decrees of adoption 
An attempt to invalidate a final decree of adoption by reason of a 
jurisdictional or procedural defect may not be received by any court of 
the District, unless regularly filed with the court within one year fol-
lowing the date the final decree became effective. 
77 STAT.] 
PUBLIC L
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541 
§ 16-<311. Sealing and inspection of records and papers 
From and after the filing of the petition, records and papers in 
adoption proceedings shall be sealed. They may not be inspected by 
any person, including the parties to the proceeding^ except upon order 
of the court, and only then when the court is satisfied that the wel-
fare of the child will thereby be promoted or protected. The clerk 
of the court shall keep a separate docket for adoption proceedings. 
§ 1&-312. Legal effects of adoption 
(a) A final decree of adoption establishes the relationship of natural 
parent and natural child between adoptor and adoptee for all pur-
poses, including mutual rights of inheritance and succession as if 
adoptee were bom to adoptor. The adoptee takes from, through, 
and as a representative of his adoptive parent or parents in the same 
manner as a child by birth, and upon the death of an adoptee intestate, 
his property shall pass and be distributed in the same manner as if the 
adoptee had been born to the adopting parent or parents in lawful 
wedlock. All rights and duties including those of inheritance and 
succession between the adoptee, his natural parents, their issue, col-
lateral relatives, and so forth, are cut off, except that when one of the 
natural parents is the spouse of the adoptor, the rights and relations 
as between adoptee, that natural parent, and his parents and col-
lateral relatives, including mutual rights of inheritance and succes-
sion, are in no wise altered. 
(b) While it is in force, an interlocutory decree of adoption has the 
same legal effect as a final decree of adoption. Upon the revocation of 
an interlocutory decree of adoption, the status of the adoptee, the 
natural parents of the adoptee, and the petitioners are as though the 
interlocutory decree were null and void ab initio. 
(c) The family name of the adoptee shall be changed to that of the 
adopter unless the decree otherwise provides, and the given name of 
the adoptee may be 
fixed 
or changed at the same time. 
§ 16-313. Child as including adopted person 
In the District, "child" or its equivalent in a deed, grant, will, or 
other written instrument includes an adopted person, unless the con-
trary plainly appears by the terms thereof, whether the instrument 
was executed before or after the entry of the interlocutory decree of 
adoption, if any, or before or after the final decree of adoption became 
effective. 
§ 16-^14. Birth certificates 
(a) Notice of a final decree of adoption shall be sent to the Board 
of Commissioners. Unless otherwise requested in the petition by the 
adopters, the Board shall cause to be made a new record of the birth 
in the new name and with the names of the adopters and shall then 
cause to be sealed and filed the original birth certificate with the order 
of the court. The sealed package may be opened only by order of 
the court. 
(b) If the adoption occurred outside the District either before or 
after August 25,1937, upon filing with the Board of Commissioners a 
certified copy of the final decree of adoption, the Board shall cause to 
be made a new record of the birth in the new name and with the names 
of the adopters and shall then cause to be sealed and filed the original 
birth certificate with the certified copy of the final decree of adoption. 
The sealed package may be opened only by order of a court of com-
petent jurisdiction. 
(c) If the birth of the adoptee occurred outside the District the 
clerk of the court shall, upon petition by the adopter, furnish him 
with a certified copy of the final decree of adoption. 
542 
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L77 STAT. 
(d) When an adoption in the District occurred prior to August 25, 
1937, the court shall, upon presentation of a motion by a party to the 
proceedings, order the clerk of the court to seal the records in the 
proceeding. Upon presentation of a certified copy of the order the 
Board of Commissioners shall cause to be made a new record of the 
birth in the new name and with the names of the adopters and shall 
then cause to be sealed and filed the original birth certificate with the 
order of the court. The sealed package may be opened only by order 
of the court. 
§ 16-315. Prior proceedings 
The provisions of this chapter have no effect prior to June 8, 1954, 
except to the extent that they specifically so provide. They do not 
affect in any way the rights and relations obtained by any decree of 
adoption entered prior to June 8,1954. 
CHAPTER 5—ATTACHMENT AND GARNISHMENT 
SUBCHAPTBR 
I—ATTACHMENT 
AND 
OABNISHMENT 
GBNERAIXY 
Sec. 
16-501. Attachment before Judgment; affidavit and bond. 
16-502. Service of notice; publication. 
16-503. Attachment for debt not due. 
16-504. Additional attachment. 
16-505. Sufficiency of plaintiff's bond. 
16-506. Traversing affidavits; quashing writ of attachment; trial of issues. 
16-507. Property subject to attachment; liens; priorities. 
16-508. Attachment of real property. 
16-509. Attachment of personal property; undertaking the defendant or per-
son in possession. 
16-510. Release of property or credits from attachment; sufficiency of under-
talking. 
16-511. Attachment of credits or partnership interest; retention of property and 
credits by garnishee. 
16-512. Attachment and levy upon wages of nonresident. 
16-513. Advance payment of wages to avoid attachment or garnishment. 
16-514. Credits or property held for two or more persons or in representative 
capacity. 
16-515. Attachment of judgments and money or property in hands of marshaL 
16-516. Attachment of money or property in hands of executor or administrator. 
16-517. Attachment of other property in replevin action. 
16-518. Preservation of property; sale; receiver. 
16-519. Defenses by garnishee. 
16-520. Defending against the attachment; trial of Issues. 
16-521. Interrogatories to garnishee; oral examination. 
16-522. Traverse of garnishee's answers; trial of issue; costs and attorney's fee. 
16-523. Claims to attached property. 
16-524. Judgment generally; condemnation of attached property. 
16-525. Condemnation Ind sale of property; proceeds of sale under interlocu-
tory order. 
16-526. Judgment against garnishee. 
16-527. Judgment ih case of undertaking for retention of property or credits. 
16-528. Judgment protects garnishee. 
16-529. Attachment in actions for fraudulent conveyances. 
16-530. Time for trial of issues. 
16-531. Attachment dockets; index of attachments. 
16-532. Other remedies of judgment creditor. 
16-533. Attachment proceedings in Court of General Sessions. 
77 STAT. ] 
PUBLIC L
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543 
SUBCHAPTEB II. ATTACHMBNT AND GARNISHMENT AFTER 
JUDGMENT IN AID OF EXECUTION 
i 
Sec. 
16-541. Definition and applicability. 
16-542. Issuance of attachment after judgment; costs. 
16-543. Revival of Judgment unnecessary. 
16-544. Property subject to attachment. 
16-545. Multiple attachments against same Judgment debtor. 
16-546. Attachments of credits. 
16-547. Retention of property or credits by garnishee. 
16-548. Attachment of judgments and money or property in hands of marshal. 
16-549. Attachment of money or property in hands of executor or administrator, 
36-550. Preservation of property; sale. 
16-551. Defending against the attachment; trial of issues. 
16-552. Interrogatories to garnishee; oral examination. 
16-553. Traverse of garnishee's answers; trial of issue; costs and attorney's fee. 
16-554. Claims to attached property. 
16-555. Condemnation and sale of property; proceeds of sale under interlocu-
tory order. 
16-556. Judgment against garnishee. 
SUBCHAPTEB III. ATTACHMENT AX1> GARNISHMENT OF WAGES, ETC. 
Sec. 
36-571. Definition. 
16-572. Attachment of wages; percentage limitations; priority of attachments. 
16-573. Employer's duty to withhold and make payments; percentage. 
16-574. Judgment creditor to file receipts, in court, of amount collected. 
16-575. Judgment against employer-gamishee for failure to pay percentages. 
16-576. Lapse of attachment upon resignation or dismissal of employee. 
16-577. Applicability of per centum limitations to judgments for support. 
16-578. Court of General Sessions judgments; lapse; validity. 
16-579. Payments by employer-gamishee where employee has no salary or salary 
inadequate for services rendered. 
16-580. Quashing attachment where Judgment obtained to hinder Just claims. 
16-581. Rules of procedure. 
16-582. Attachments to which this subchapter is applicable. 
Subchapter I—Attachment and Garnishment Generally 
§ 16-501, Attachment before judgment; affidavit and bond 
(a) This section applies to any civil action in the United States 
District Court of the District of Columbia or the District of Columbia 
Court of General Sessions, for the recovery of: 
(1) specific personal property; 
(2) a debt; or 
(3) damages for the breach of a contract, express or im-
plied. 
(b) In an action specified by subsection (a) of this section, the 
plaintiff, his agent, or attorney, may file an affidavit as provided by 
subsections (c) and (d) of this section either at the commencement of 
the action or pending the action. 
(c) The affidavit shall comply with the following requirements: 
(1) show the grounds of plaintiff's claim; 
(2) set forth that plaintiff has a just right to recover what 
is claimed in his complaint; 
(3) where the action is to recover specific personal prop-
erty, state the nature and, according to affiant's belief, the 
value of the property and the probable amount of dainages 
to which plaintiff is entitled for the detention thereof; 
(4) where the action is to recover a debt, state the amount 
thereof; and 
(5) where the action is to recover damages for breach of a 
contract set out, specifically and in detail, the breach com-
plained of and the actual damage resulting therefrom. 
(d) The affidavit shall also state one of the following facts with 
respect to defendant: 
544 
PUBLIC LAW 88-241-DEC. 23, 1%3 
[77 STAT. 
(1) defendant is a foreign corporation or is not a resident 
of the District, or has been absent therefrom for at least six 
months; 
(2) he evades the service of ordinary process by conceal-
ing himself or temporarily withdrawing himself from the 
District; 
(3) he has removed or is about to remove some or all of 
his property from the District, so as to defeat just demands 
against him; 
(4) he has assigned, conveyed, disposed of, or secreted, or 
is about to assign, convey, dispose of, or secrete his property 
with intent to hinder, delay, or defraud his creditors; or 
(6) he fraudulently contracted the debt or incurred the 
obligation respecting which the action is brought. 
(e) Before a writ of attachment and garnishment is issued, the 
plaintiff shall first file in the clerk's office a bond, executed by him-
self or his agent, with security to be approved by the clerk, in twice 
the amount of his claim, conditioned to make good to the defendant 
all costs and damages which he may sustain by reason of the wrongful 
suing out of the attachment. 
(f) If the plaintiff files an affidavit and bond as provided by this 
-section, the cJerk shall issue a writ of attachment and garnishment, 
to be levied upon as much of the lands, tenements, goods, chattels, 
and credits of the defendant as may be necessary to satisfy the claim 
of the plaintiff. 
§ 16-502. Service of notice; publication 
(a) A writ issued pursuant to section 16-501 shall require the mar-
shal to serve a notice on the defendant, if he is found in the District, 
and on any person in whose possession any property or credits of the 
defendant may be attached, to appear in the court on or before the 
twentieth day, exclusive of Sundays and legal holidays, after service 
of the notice, and show cause, if any there be, why the property so 
attached should not be condemned and execution thereof had. 
The 
marshal's return shall show the fact of the service. 
(b) If the defendant is returned "Not to be found," the notice shaU 
be given by publication to the following effect, namely: 
In the United States District Court (District of Columbia Court of 
General Sessions) for the District of Columbia. 
A B, plaintiff, 
versus 
Civil Action No.. 
. 
C D, defendant. 
The object of this suit is to recover (here state it briefly) and to 
have judgment of condemnation of certain property of the defend-
ant levied on imder an attachment issued in this suit to satisfy the 
plaintiff^s claim. 
It is, therefore, this — day of —, ordered that the defendant ap-
pear in this court on or before the fortieth day, exclusive of Sundays 
and legal holidays, after the day of the first publication of this order, 
to defend this suit and show cause why the condemnation should not 
be had; otherwise the suit will be proceeded with as in case of default. 
By the court: 
, Judge. 
(c) The order shall be published at least once a week for three suc-
cessive weeks or oftener, or for such further time and in such manner 
as the court orders. 
77 STAT. ] 
PUBLIC LAW 88-241-DEC. 23, 1963 
545 
§ 16-^03. Attachment for debts not due 
A creditor may maintain an action and have an attachment against 
his debtor's property and credits, where his debt is not yet due and 
payable, if the plaintiff, his agent, or attorney files in the clerk's 
office, at the commencement of the action, an affidavit, supported by 
testimony of one or more witnesses, showing the amount and justice 
of the claim and the time when it will be payable, and also 
setting forth that the defendant has removed or is removing or intends 
to remove a material part of his property from the District with the 
intent or to the effect of defeating just claims against him if only the 
ordinary process of law is used to obtain judgment against him, and 
if he also complies with the condition as to filing a bond prescribed by 
section 16-50L The plaintiff may not have judgment before his claim 
becomes due. If the attachment is quashed the action shall be dis-
missed, but without prejudice to a future action. 
§ 16-504. Additional attachments 
Upon the application of tlie plaintiff, his agent, or attorney, other 
attachments founded on the original affidavits may be issued from 
time to time, to be directed, executed, and returned in the same manner 
as the original, and without further publication, against a nonresident 
or absent defendant, and without additional bond, unless required by 
the court. 
§ 16-505. Sufficiency of plaintiff's bond 
The defendant or any other person interested in the proceedings 
who is not satisfied with the sufficiency of the surety or with the 
amount of the penalty named in the bond filed pursuant to section 16-
'501, may apply to the court for an order requiring the plaintiff to 
give an additional bond in such sum and with such security as may be 
approved by the court. 
If the plaintiff fails to comply with any such 
order the court may order the attachment to be quashed and any prop-
erty attached or its proceeds to be returned to the defendant or other-
wise disposed of, as to the court may seem proper. 
§16-506. Traversins: affidavits; quashing writ of attachment; 
trial of issues 
If the defendant files affidavits traversing the affidavits filed by the 
plaintiff the court shall determine whether the facts set forth in the 
plaintiff's affidavits as ground for issuing the attachment are true, 
and whether there was just ground for issuing the attachment. 
When, in the opinion of the court, the proofs do not sustain the 
affidavit of the plaintiff', liis agent, or attorney, the court shall quash 
the writ of attacJiment. This issue may be tried by the court or a 
judge at chambers after thi'ee days' notice. The issue may be tried 
as well upon oral testimony as upon affidavits. 
If the court deems 
it expedient, a jury may be impaneled to try the issue. 
§ 16-507. Property subject to attachment; liens; priorities 
(a) An attachment may be levied on the lands and tenements, and 
personal chattels of the defendant not exempt by law, whether in the 
defendant's or a third person's possession, and whether the defend-
ant's title to the property is legal or equitable, and upon his credits in 
the hands of a third person, whether due and payable or not, and upon 
his undivided interest in a partnership business. 
(b) An attachment shall be a lien on the property attached from 
the date of its delivery to the marshal. When different persons obtain 
attachments against the same defendant the priorities of the liens 
of the attachments shall be according to the dates when they were 
so delivered to the marshal. 
93-025 0-64-37 
546 
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[77 STAT. 
§16-508. Attachment of real property 
An attachment is sufficiently levied on the lands and tenements of 
the defendant by: 
(1) mentioning and describing the property in an indorse-
ment on the attachment, made by the officer to whom it is de-
livered for service, to the foUowmg effect: 
"Levied on the following estate of the defendant, A B, to 
wit: (Here describe) this 
day of 
. C D, Mar-
shal."; and 
(2) serving a copy of the attachment, with the indorse-
ment, and the notice required by section 16-602, on the per-
son, if any, in possession of the property. 
§16-509. Attachment of personal property; undertaking by de-
fendant or person in possession 
(a) An attachment shall be levied upon personal chattels by the 
officer taking them into his possession and custody, unless the de-
fendant gives the officer his undertaking to be filed in the cause, with 
sufficient security, substantially in the form set forth in subsection (b) 
of this section, or unless the person in whose possession the property 
is attached gives the officer his undertaking to be filed in the cause 
substantially in the form set forth in subsection (c) of this section. 
In cases where such undertakings are given, the attachment is suffi-
ciently levied by the taking of the undertaking. 
(b) An undertaking by the defendant shall contain the substance 
of the following form: 
A B, plaintiff, 
versus 
Civil Action No. —. 
C D, defendant. 
The defendant and 
, his surety, in consideration of the discharge 
from the custody of the marshal of the property seized by him, 
upon the attachment sued out against the defendant, on the 
day 
of 
, anno Domini nineteen hundred 
, in the above entitled 
cause, appear, and submitting to the jurisdiction of the court, hereby 
undertake, for themselves and each of them, their and each of their 
heirs, executors, and administrators, or successors or assigns, to abide 
by and perform the judgment of the court in the premises in relation 
to the property, which judgment may be rendered against any or all the 
parties whose names are hereto signed. 
(Signed) 
C D. 
E F . 
(c) An undertaking by the person in whose possession the property 
is attached shall contain the substance of the following form: 
A B, plaintiff 
versus 
Civil Action No. 
. 
C D, defendant 
Whereas by virtue of an attachment issued in the above-entitled 
suit, the United States marshal for the District of Columbia has 
attached certain property in the hands of the undersigned E F, as 
garnishee, namely, (here describe) of the value of —^ 
dollars; 
and now, therefore, E F and G H, as surety, appearing in the action, 
and submitting to the jurisdiction of the court, hereby undertake 
for themselves and each of them, their and each of their heirs, 
executors, and administrators to abide by the judgment of tiie court 
in relation to said property, and that if me same shall be condemned 
to satisfy the claim of the plaintiff, judgment may be rendered against 
all the undersigned for the value of the property and costs, to be 
77 STAT. ] 
PUBLIC LAW 88-241-DEC. 23, 1963 
547 
executed against them, and each of them, unless the property shall be 
forthcoming to satisfy the judgment of condemnation. 
(Signed) 
E F . 
G H . 
The recital of the undertaking in this subsection shall contain a 
sufficient description of the property and its value ascertained by an 
appraisement to be made under direction of the officer and returned 
with the writ. 
§16-510. Release of property or credits from attachment; suffi-
ciency of undertaking 
(a) Either the defendant or the person in whose possession the 
property is attached may obtain a release of the property from the 
attachment, after it has been taken into the custody of the marshal 
and the writ has been returned, by giving the undertaking required 
of him by section 16-509, with security to be approved by the court. 
(b) The plaintiff may except to the sufficiency of the undertaking 
accepted by the marshal and, if the exceptions are sustained, the court 
shall require a new undertaking, with sufficient surety, by a dav to be 
named, in default of which the marshal shall be liable to the plaintiff 
on his official bond for any loss sustained by the plaintiff through the 
default. 
(c) Either the defendant or the person in whose possession credits 
are attached may obtain a release of the credits from the attachment 
by filing an unaertaking with security to be approved by the court. 
§ 16-511. Attachment of credits or partnership interest; retention 
of property or credits by garnishee 
(a) An attachment shall be levied upon credits of the defendant, in 
the hands of a garnishee, by serving the garnishee with a copy of the 
writ of attachment and of the interrogatories accompanying the writ, 
and a notice that any property or credits of the defendant in his hands 
are seized by virtue of the attachment, besides the notice required by 
sertion 1H-.502. The imdivided interest of the defendant in a partner-
ship business may be levied upon by a similar service on the defendant's 
partner or partners. 
(b) 
Where the property or credits attached or sought 
to 
be attached are held by the garnishee in the name of or for the 
account of a person other than the defendant, the garnishee shall 
retain the property or credits during the period pending determination 
by the court of the propriety of the attachment or the rightful owner 
of the property or credits. During that period, the garnishee shall 
incur no liability for the retention. 
§ 16-512. Attachment and levy upon wages of nonresident 
An attachment issued under section 16-601 solely on the ground 
that the defendant is not a resident of the District of Columbia 
ftnd levied upon wages as defined in section 16-571 shall be subject 
to the provisions of subchapter I I I of this chapter; except that the 
employer-gamishee shall pay over the wages withheld pursuant to 
that subchapter only pursuant to the order of the court which has 
jurisdiction of the case. In applying the provisions of that sub-
chapter to any such attachment, the term "judgment debtor", as used 
therein, means the defendant in the case in which the attachment 
is issued: and the term "judgment creditor", as used therein, means 
the plaintiff in such case. 
548 
PUBLIC LAW 88-241-DEC. 23, 1963 
[77 STAT. 
§16-513. Advance payment of wages to avoid attachment or 
garnishment 
It is unlawful for an employer to pay salary or earnings to an em-
ployee in advance of the time they are due and payable, for the pur-
pose of avoiding or preventing an attachment or garnishment against 
the earnings or salary of the employee, and such an advance payment, 
as to the attaching creditor, is void. 
After the service of one writ of attachment or garnishment on a 
judgment against an employer, any payment of salary or earnings 
thereafter before the time when the salary or earnings are due and 
payable made within a period of six months after the date of service 
of the writ or before the earlier satisfaction of the judgment, which-
ever is the earlier, is as to such attaching creditor presumed to be in 
violation of this section and casts upon the employer the burden of 
proving that the advance payment or payments were not for the 
purpose of avoiding the attachment of the salary or earnings. 
§ 16-514. Credits or property held for two or more persons or in 
representative capacity 
When a writ of attachment is served on a garnishee, and the gar-
nishee holds a credit or property for two or more persons, including 
the person whose credit or property is sought to be attached, or holds 
a credit or property for a person as agent or trustee or in any other 
representative capacity without designation of the principal or ben-
eficiary, the credit or property is not subject to withdrawal by any 
person, but shall 
be held by the garnishee until the attachment 
IS dismissed or otherwise disposed of by the court. 
If the credit or 
property is condemned, payment or delivery thereof as ordered by 
the court is a complete discharge of the garnishee from all liability 
to any person in respect of the credit or property. 
The provisions of 
this section do not apply to a credit or property of a partnership. 
§16-515. Attachment of judgments and money or property in 
hands of marshal 
(a) An attachment may be levied upon debts due to the defendant 
upon a judgment or decree by a service similar to that directed by 
section 16-511 upon the debtor owing the debts. Execution may issue 
for the enforcement of the judgment or decree, notwithstanding the 
attachment, but the money collected upon the execution shall be paid 
into court to abide the event of the proceedings in attachment and 
applied as the court directs. 
(b) An attachment may be levied upon money or property of the 
defendant in the hands of the marshal. It binds the money or prop-
erty from the time of service, and is a legal excuse to the officer 
for not paying or delivering the same as he would otherwise be bound 
to do. 
§ 16-516. Attachment of money or property in hands of executor 
or administrator 
An attachment may be levied upon money or property of the defend-
ant in the hands of an executor or administrator, and binds the same 
from the time of service. 
If the executor or administrator makes 
return to the writ that he can not certainly answer whether the de-
fendant's share of the money or property in his hands will prove 
sufficient to pay the plaintiff's debt, a judgment of condemnation may 
not be rendered as against the executor or administrator until the 
passage by the Probate Court of his final or other account showing 
money or property in his hands to which the defendant is entitled. 
77 STAT. ] 
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549 
§ 16-517. Attachment of other property in replevin action 
Where the action is to replevy specific personal property and it has 
not been replevied, other property may be attached in the action to 
recover damages and costs, and if a judgment is rendered for damages 
and costs, it shall carry the same rights as other judgments. 
§ 16--518. Preservation of property; sale; receiver 
The court may make all orders necessary for the preservation of 
the property attached during the pendency of the action. When the 
property is perishable, or for other reasons a sale of it appears ex-
pedient, the court may order that the property be sold and its proceeds 
paid into court and held subject to its order on the final decision of 
the case. 
When it seems expedient, the court may appoint a receiver to take 
possession of the property. The receiver shall ^ive bond for the due 
performance of his duties, and, under the direction of the court, shall 
have the same powers and perform the same duties as a receiver ap-
pointed according to the practice in civil actions. 
§ 16-519. Defenses by garnishee 
A garnishee in an attachment proceeding may make any defense 
available to the defendant in the action in which the garnishment is 
issued. 
§ 16--520. Defending against the attachment; trial of issues 
A defendant, any garnishee, party to a forthcoming undertaking, 
or an officer who migjlit be adjudged liable to the plaintiff by reason of 
the undertaking being adjudged insufficient, or a stranger to the 
action who may make claim to the property attached, may file an 
answer defending against the attachment. The answer may be con-
sidered as raising an issue without any reply, and any issue of fact 
made may be tried with a jury if any party so desires. 
§ 16-521. Interrogatories to garnishee; oral examination 
(a) In any case in which a writ of attachment is issued, the plain-
tiff may submit interrogatories in writing, in such form as may be 
allowed by the rules or special order of the court, to be served on any 
garnishee, asking about any property of the defendant in his posses-
sion or charge, or indebtedness of his to the defendant at the time of 
the service of the attachment, or between the time of service and the 
filing of his answers to the interrogatories. The garnishee shall file 
his answers under oath to the interrogatories within ten days after 
service upon him. 
(b) In addition to the answers to written interrogatories required 
of him, the garnishee may, on motion, be required to appear in court 
and be examined orally, under oath, touching any property or credits 
of the defendant in his hands. 
§ 16-522. Traverse of garnishee's answers; trial of issue; costs 
and attorney's fee 
If any garnishee answers to interrogatories that he does not have 
property or credits of the defendant, or has less than the amount of the 
plaintiff's claim, the plaintiff may traverse the answer as to the exist-
ence or amount of the property or credits, and the issue thereby made 
may be tried as provided by section 16-520. In such a case, where 
judgment is rendered for the garnishee, the plaintiff shall be adjudged 
to pay to the garnishee, in addition to the taxed costs, a reasonable 
attorney's fee. If the issue is found for the plaintiff, judgment shall 
be rendered for him in accordance with the finding. 
550 
PUBLIC LAW 88-241-DEC. 23, 1963 
[77 STAT. 
§ 16-^23. Claims to attached property 
Any person may file his motion and affidavit in the cause, at any 
time before the final disposition of the property attached or its pro-
ceeds, except where it is real property, setting forth a claim thereto or 
an interest in or lien upon the same, acquired before the levy of the 
attachment. The court, without other pleading, shall try the issues 
raised by the claim, with a jury if either party so requests, and make 
all orders necessary to protect any rights of the claimant. 
§ 16-524. Judgment generally; condemnation of attached property 
(a) If the defendant in the action has been served with process, 
final judgment may not be rendered against the garnishee until the 
action against the defendant is determined. 
(b) If in such an action judgment is rendered for the defendant, the 
garnishee shall be discharged and shall recover his costs, and the 
property attached or its proceeds shall be restored to the garnishee 
or to the defendant, as the case may require. 
(c) If in such an action judgment is rendered in favor of the plain-
tiff against the defendant, and it appears that the plaintiff is entitled to 
a judgment of condemnation of the property attached, the court shall 
proceed to enter such judgment in the attachment as is directed by 
sections 16-525 to 16-527. 
§16-525. Condemnation and sale of property; proceeds of sale 
under interlocutory order 
In any form of action, where specific property has been attached and 
remains under the control of the court, judgment of condemnation of 
the property shall be entered, and as much thereof as may be neces-
sary to satisfy the demand of the plaintiff' shall be sold under fieri-
facias. 
If the property was sold under interlocutory order of the 
court, the proceeds, or as much thereof as may be necessary, shall be 
applied to the plaintiff's claim by order of the court. 
§ 16-526. Judgment against garnishee 
(a) When a garnishee has admitted credits in his hands, in answer to 
interrogatories served upon him, or the credits have been found upon 
an issue made as provided by this chapter, judgment shall be entered 
against him for the amount of credits admitted or found, not exceed-
ing the plaintiff's claim, less a reasonable attorney's fee to be fixed 
by the court, and costs, and execution may be had thereon. 
When the 
credits are not immediately due and payable, execution shall be stayed 
until they become due. 
(b) When the garnishee has failed to answer the interrogatories 
served on him, or to appear and show cause why a judgment of con-
demnation should not be entered, j u d ^ e n t shall be entered against 
him for the whole amount of the plaintiff's claim, and costs, and execu-
tion may be had thereon. 
§ 16-527. Judgment in case of undertaking for retention of prop-
erty or credits 
(a) When property or credits attached are released upon an under-
taking given as provided by sections 16-509 and 16-510, and judg-
ment in the action is rendered in favor of the plaintiff, it is a 
joint judgment against both the defendant and all persons in the 
undertaking for tne appraised value of the property or the amount 
of the credits. 
(b) When the property attached has been delivered to or retained by 
a garnishee, upon his executing an undertaking as provided by section 
1^509, judgment of condemnation of the property shall be rendered 
as provided by section 16-525, and judgment shall also be entered that 
77 STAT. ] 
PUBLIC L
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551 
the plaintiff recover from the garnishee and his surety or sureties the 
value of the property, not exceeding the plaintiff's claim, the judg-
ment to be entered satisfied if the j)roperty is forthcoming and deliv-
ered to the marshal, undiminished in value, within ten days after the 
judgment; otherwise, execution thereon may be had against the 
garnishee and his surety or sureties; and if the property is so delivered 
to the marshal the same shall be sold by him under fieri facias to satisfy 
the judgment of condemnation. 
§ 16-528. Judgment protects garnishee 
A judgment of condemnation against a garnishee, and execution 
thereon, or payment by the garnishee in obedience to the judgment or 
an order of the court, is a sufficient defense to any action brought 
against him by the defendant in the action in which the attachment is 
issued, for or concerning the property or credits so condemned. 
§ 16-529. Attachment in actions for fraudulent conveyances 
(a) Where the ground upon which an attachment is applied for is 
that the defendant has assigned, conveyed, or disposed of his property 
with intent to hinder, delay, or defraud his creditors, the attachment 
may be levied upon the property alleged to be so assigned or conveyed 
in the hands of the alleged fraudulent assignee or transferee, as a 
garnishee. 
(b) The garnishee may have the same benefit of section 16-506 as 
the defendant in the action. If the court is of the opinion, upon 
the hearing of the affidavits filed, that the attachment ought not to 
have issued or to have been levied on the property claimed by the 
garnishee, the attachment may be quashed as to the garnishee and the 
levy set aside. 
(c) If the levy is not set aside, the garnishee may answer that he was 
a bona fide purchaser from the defendant for value without notice 
of any fraud on the part of the defendant, and the answer shall be held 
to make an issue, without any further pleading in reply thereto; and 
issue may be tried as directed by section 16-520. 
(d) When the issue is found in favor of the garnishee, judgment 
shall be rendered in his favor for his costs and a reasonable attorney 
fee. When the issue is found against the garnishee, but judgment in 
the action is rendered in favor of the defendant, the attachment shall 
be dissolved, arid garnishee shall recover his costs. 
(e) When the issue is found against the garnishee and judgment in 
the action is rendered in favor of the plaintiff against the defendant, or 
the defendant, not being found, has failed to appear in obedience to the 
order of publication against him, and when it appears upon the verdict 
of a jury that the claim of the plaintiff against the defendant is well 
founded, a judgment of condemnation of the property attached shall 
be rendered, as directed by section 16-524 (c). 
§ 16-530. Time for trial of issues 
AH issues raised by answers to the attachment, in any case, may be 
tried at the same time as the issues raised by the pleadings in the action, 
or separately, as may be just. 
§ 16-531. Attachment dockets; index of attachments 
The clerk of the court shall keep an attachment docket, in which, 
as well as in the regular docket, shall be entered all attachments levied 
upon real estate, with a description, in brief, of the real estate so 
levied upon. The attachments shall be indexed in the names of the 
defendant and of any person in whose possession the estate may have 
been levied upon. 
552 
PUBLIC L
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[77 STAT. 
§ 16-532. Other remedies of judgrment creditor 
Nothing herein contained deprives a judgment creditdl? of the right 
to file a civil action to enforce his judgment against an equitable in-
terest in real or personal estate of the judgment defendant, or to have 
a conveyance of tlie real or personal estate by the defendant, made with 
intent to hinder, delaj^, and defraud his creditors, set aside. 
§ 16-533. Attachment proceedings in Court of General Sessions 
The provisions of this Code relating to attachments apply to attach' 
ment proceedings in the District of Columbia Court of General 
Sessions. 
Subchapter II—Attachment and Garnishment After Judgment 
in Aid of Execution 
§ 16-541. Definition and applicability 
As used in this subchapter, "judgment" includes an unconditional 
decree for the payment of money, and this subchapter is applicable 
to such a decree. 
§ 16-542. Issuance of attachment after judgment; costs 
An attachment may be issued upon a judgment either before or 
after or at the same time with a fieri facias. If costs are unnecessarily 
nmltiplied thereby they shall be charged to the party causing the 
attachment to be issued. 
§ 16-543. Revival of judgment unnecessary 
Attachment may be issued at any time during the life of the 
judgment, without issuing an order reviving the judgment previously 
thereto. 
§ 16-544. Property subject to attachment 
An attachment may be levied upon the judgment debtor's goods, 
chattels, and credits. 
§ 16-545. Multiple attachments against same judgment debtor 
Only one attachment upon goods, chattels, and credits of a judgment 
debtor may be satisfied at one time. Where more than one such at-
tachment issued against the same judgment debtor is served on a 
garnishee the attachments shall be satisfied in the order in which they 
were served upon the garnishee. This section does not apply with 
respect to an attachment upon wages to which subchapter III of this 
chapter applies. 
§ 16-546. Attachments of credits 
An attachment shall be levied upon credits of the defendant, in 
the hands of a garnishee, by serving the garnishee with a copy of the 
writ of attachment and of the interrogatories accompanying the writ, 
and a notice that any property or credits of the defendant in his hands 
are seized by virtue of the attachment. 
§ 16-547. Retention of property or credits by garnishee 
Where the property or credits attached or sought to be attached 
are held by the garnishee in the name of or for the account of a 
person other than the defendant, the ^mishee shall retain the prop-
erty or credits during the period pending determination by the court 
of the propriety of the attachment or the rightful owner of the prop-
erty or credits. During that period the garnishee shall incur no 
liability whatsoever for the retention. 
77 STAT. ] 
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553 
§16-548. Attachment of judgments and money or property in 
hands of marshal 
(a) An attachment may be levied upon debts due to the defendant 
upon a judprment or decree by a service similar to that prescribed by 
section 16-546 upon the debtor owing the debts. 
(b) An attachment may be levied upon money or property of the 
defendant in the hands of the marshal. It binds the money or property 
from the time of service, and is a legal excuse to the officer for not 
paying or delivering the same as he would otherwise be bound to do. 
§ 16-549. Attachment of money or property in hands of executor 
or administrator 
An attachment may be levied upon money or property of the de-
fendant in the hands of an executor or administrator, and binds the 
same from the time of service. If the executor or administrator makes 
return to the writ that he can not certainly answer whether the de-
fendant's share of the money or property in his hands will prove 
sufficient to pay the plaintiff's debt, a judgment of condemnation may 
not be rendered as against the executor or administrator until the 
passage by the Probate Court of his final or other account showing 
money or property in his hands to which the defendant is entitled. 
§ 16-550. Preservation of property; sale 
The court may make all orders necessary for the preservation of 
the property attached. When the property is perishable, or for other 
reasons a sale of it appears expedient, the court may order that the 
property be sold and its proceeds paid into court and held subject to 
Its order on the final decision of the case. 
§ 16-^51. Defending against the attachment; trial of issues 
A garnishee or stranger to the action who may make claim to the 
property attached may file an answer defending against the attach-
ment. The answer may be considered as raising an issue without any 
reply, and any issue of fact thereby made may be tried with a jury if 
any party so desires. 
§ 16-552. Interrogatories to garnishee; oral examination 
(a) In any case in which a writ of attachment is issued, the plaintiff 
may submit interrogatories in writing, in such form as may be allowed 
by the rules or special order of the court, to be served upon any 
garnishee, asking about any property of the defendant in his possession 
or charge, or indebtedness of his to the defendant at the time of the 
service of the attachment or between the time of service and the filing 
of his answers to the interrogatories. The garnishee shall file his an-
swers, verified by a written declaration that the answers are made 
under the penalties of perjury, to the interrogatories within ten days 
after service upon him. 
(b) In addition to the answers to written interrogatories required 
of him, the garnishee may, on motion, be required to appear in court 
and be examined orally, under oath, touching any property or credits 
of the defendant in his hands. 
(c) Whoever willfully makes and subscribes a return, statement, 
or other document, pursuant to this section, that contains, or is veri-
fied^ by, a written declaration that it is made under the penalties of 
perjury, and that he does not believe to be true and correct as to 
every material matter, is subject to the penalties prescribed for 
perjury. 
554 
PUBLIC L
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W 88-241-DEC. 23, 1963 
[77 STAT. 
§l&-553. Traverse of garnishee's answers; trial of issue; costs 
and attorney's fee 
If a garnishee answers to interrogatories that he does not have 
property or credits of the defendant, or has less than the amount of 
the plaintiff's judgment, the plaintiff may traverse the answer as to 
the existence or amount of the property or credits, and the issue 
thereby made may be tried as provided by section 16-651. In such a 
case, where judgment is rendered for the garnishee, the plaintiff shall 
be adjudged to pay to the garnishee, in addition to the taxed costs, a 
reasonable attorney's fee. If the issue is found for the plaintiff, 
judgment shall be rendered for him in accordance with the finding. 
§ 16-554. Claims to attached property 
Any person may file his motion and affidavit in the cause, at any 
time oefore the final disposition of the property attached or its pro-
ceeds, except where it is real property, setting forth a claim thereto or 
an interest in or lien upon the same. The court, without other plead-
ings, shall try the issues raised by the claim, with a jury if either 
party so requests, and may make all orders necessary to protect any 
rights of the claimant. 
§ 16-555. Condemnation and sale of property; proceeds of sale 
under interlocutory order 
Where the attachment has been levied upon specific property, on the 
return by the marshal, judgment of condemnation of the property may 
be entered, and as much thereof as may be necessary to satisfy the 
plaintiff's judgment may be sold under a fieri facias. If the property 
was sold under interlocutory order of the court, the proceeds, or so 
much thereof as may be necessary, shall be applied to the plaintiff's 
claim by order of the court 
§ 16-556. Judgment against garnishee 
(a) Subject to the provisions of subchapter III of this chapter, if 
a garnishee has admitted credits in his hands, in answer to interroga-
tories served upon him, or the credits have been found upon an issue 
made as provided by this chapter, judgment shall be entered against 
him for the amount of credits admitted or found, not exceeding the 
amount of the plaintiff's judgment, and costs, and execution shall be 
had thereon not to exceed the credits in his hands. When the credits 
are not immediately due and payable, execution shall be stayed until 
, they become due. 
I 
(D) When the garnishee has failed to answer the interrogatories 
served on him, or to appear and show cause why a judgment of con-
demnation should not be entered, judgment shall be entered against 
him for the whole amount of the plaintiff's judgment and costs, and 
execution may be had thereon. 
Subchapter III—Attachment and Garnishment of Wages, Etc. 
§ 16-571. Definition 
(a) As used in this subchapter, "wages" means: 
(1) wages, salary, commissions, or other remuneration for 
services performed by an employee for his employer, includ-
ing any such remuneration measured partly or wholly by 
percentages or share of profits, or by other sums based upon 
work done or results produced, whether or not the employee 
is given a drawing account; and 
(2) any drawing accoimt made available to «,n employee 
by his employer. 
77 STAT. ] 
PUBLIC L
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555 
(b) The term "wages" does not include any amount paid or payable 
to an employee who is not a resident of the District of Columbia as 
remuneration for services performed within the District of Columbia, 
if the period for which the employee is engaged by the employer to 
perform such services within the District of Columbia is less than 15 
consecutive days' duration; and any such amount shall be subject to 
attachment without regard to this subchapter. 
§16-572. Attachment of wages; percentage limitations; priority 
of attachments 
Notwithstanding any other provision of subchapter II of this chap-
ter, where an attachment is levied upon wages due a judgment debtor 
from an employer-garnishee, the attachment shall become a lien and 
a continuing levy upon the gross wages due or to become due to the 
judgment debtor for the amount specified in the attachment to the 
extent of: 
(1) 10 per centum of so much of the gross wages as does not 
exceed $200 due or to become due to the judgment debtor 
from the employer-garnishee for the pay period or periods 
ending in any calendar month; plus 
(2) 20 per centum of so much of the gross wages as exceeds 
$200 but does not exceed $500 due or to become due to the 
judgment debtor from the employer-garnishee for the pay 
period or periods ending in any calendar month; plus 
(3) 60 per centum of so much of the gross wages as exceeds 
$500 due or to become due to the judgment debtor from the 
employer-garnishee for the pay period or periods ending in 
any calendar month. 
The levy shall be a continuing levy until the judgment, interest, and 
costs thereof are fully satisfied and paid, and in no event may moneys 
be withheld, by the employer-garnishee from the judgment debtor, in 
amounts greater than those prescribed by this section. Only one at-
tachment upon the wages of a judgment debtor may be satisfied at one 
time. Where more than one attachment is issued upon the wages of 
the same judgment debtor and served upon the same employer-
garnishee, the attachment first delivered to the marshal shall have 
priority, and all subsequent attachments shall be satisfied in the order 
of priority set forth in section 16-507. 
§l&-573. Employer's duty to withhold and make payments; per-
centage 
(a) Except as provided in subsection (b) of this section, an em-
ployer upon whom an attachment is served, and who: 
(1) at the time is indebted for wages to an employee who 
is the judgment debtor named in the attachment; or 
(2) becomes so indebted to the judgment debtor in the 
future— 
shall, while the attachment remains a lien upon such indebtedness, 
withhold and pay to the judgment creditor, or his legal representative, 
within 15 days after the close of the last pay period of the judgment 
debtor ending in each calendar month, that percentage of the gross 
wages {)ayable to the judgment debtor for the pay period or periods 
ending in such calendar month to which the judgment creditor is en-
titled under the terms of this section until the attachment is wholly 
satisfied. 
(b) Upon written notice of any court proceeding attacking the 
attachment or the judgment on which it is based, the employer shall 
make no further payments to the judgment creditor or his legal repre-
sentative until receipt of an order of court terminating the proceed-
ings. 
556 
PUBLIC LAW 88-241-DEC. 23, 1963 
[77 STAT. 
(c) Any payments made by an employer-garnishee in conformity 
with this section shall be a discharge of the liability of the employer 
to the judgment debtor to the extent of the payment. 
(d) Under this section the employer-garnishee shall not withhold 
or pay over more than 10 per centum of the gross wages payable to the 
j u d ^ e n t debtor for any pay period ending in any calendar month 
until the total amount of gross wages paid or payable to the judgment 
debtor for all pay periods ending in such calendar month equals $200, 
nor more than 20 per centum of the gross wages in excess of $200 pay-
able to the judgment debtor for any pay period ending in any calendar 
month until the total amount of gross wages paid or payable to the 
judgment debtor for all pay periods ending in such calendar month 
equals $500. 
§ 16-574. Judgment creditor to file receipts, in court, of amount 
collected 
(a) The judgment creditor shall: 
(1) file with the clerk of the court, eyery three months 
after the serving of an attachment upon an employer-
garnishee, a receipt showing the amount received and the 
balance due under the attachment as of the date of filing; 
(2) file a final receipt with the court and furnish a copy 
thereof to the employee-garnishee; and 
(3) obtain a vacation of the attachment within 20 days 
after the attachment has been satisfied. 
(b) If the judgment creditor fails to file any of the receipts pre-
scribed by subsection (a) of this section, an interested party may move 
the court to compel the defaulting judgment creditor to appear in 
court and make an accounting forthwith. 
The court may, in its dis-
cretion, enter judgment for any damages, including a reasonable 
attorney's fee suffered by, and tax costs in favor of, the party filing 
the motion to compel the accounting. 
§ 16-575. Judgment against employer-garnishee for failure to pay 
percentages 
If the employer-garnishee fails to pay to the judgment creditor the 
percentages prescribed in this subchapter of the wages which become 
payable to the judgment debtor for any pay period, judgment shall 
be entered against him for an amount equal to the percentages with 
respect to which the failure occurs. 
§ 16-576. Lapse of attachment upon resignation or dismissal of 
employee 
If a judgment debtor r e s i t s or is dismissed from his employment 
while an attachment upon his wages is wholly or partly unsatisfied, 
the attachment shall lapse and no further deduction may be made 
thereon unless the judgment debtor is reinstated or reemployed within 
90 days after the resignation or dismissal. 
§ 16-577. Applicability of per centum limitations to judgments for 
support 
The per centum limitations prescribed by section 16-572 do not 
apply in the case of execution upon a judgment, order, or decree of 
any court of the District of Columbia for the payment of any sum 
for the support or maintenance of a person's wife, or former wife, 
or children, and any such execution, j u d ^ e n t , order, or decree shall, 
in the discretion of the court, have priority over any other execution 
which is subject to the provisions of this subchapter. 
In the case of 
execution upon such a judgment, order, or decree for the payment of 
such sum for support or maintenance, the limitation shall be 50 per 
centum of the ^ross wages due or to become due to any such person 
for the pay period or periods ending in any calendar month. 
77 STAT. ] 
PUBLIC L
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W 88-241-DEC. 23, 1963 
557 
§ 16-578. Court of General Sessions judgments; lapse; validity 
An attachment issued by the District of Columbia Court of General 
Sessions upon a judgment of that court duly docketed in the United 
States District Court for the District of Columbia, and levied within 
six years from the date of the judgment upon the wages due or to be-
come due to the judgment debtor from the employer-gamishee, shall 
not lapse or become invalid prior to complete satisfaction solely by 
reason of the expiration of the period of limitation set forth in section 
15-132(a). 
§ 16-579. Payments by employer-garnishee where employee has no 
salary or salary inadequate for services rendered 
Where the judgment debtor claims or is proved to be rendering 
services to or employed bv a relative or other person or by a corpora-
tion owned or controlled by a relative or other person, without salary 
or compensation, or at a salary or compensation so inadequate as to 
satisfy the court that the salary or compensation is merely colorable 
and designed to defraud or impede the creditors of the debtor, the 
court may direct the employer-garnishee to make payments on ac-
count of the judgment, in installments, based upon a reasonable value 
of the services rendered by the judgment debtor under his employ-
ment or upon the debtor's then earning ability. 
§ 16-580. Quashing attachment where judgment obtained to hinder 
just claims 
Where an attachment levied under this subchapter is based upon 
a judgment obtained by default or consent without a trial upon the 
merits, the court, upon motion of an interested person, may quash the 
attachment upon satisfactory proof that the judgment was obtained 
without just cause and solely for the purpose of preventing or delaying 
the satisfaction of just claims. 
§ 16-581. Rules of procedure 
The judges of the District of Columbia Court of General Sessions 
and of the United States District Court for the District of Columbia 
shall establish such rules of procedure for their respective courts as 
may be necessary to effectuate the purposes of this subchapter. 
§ 16-582. Attachments to which this subchapter is applicable 
This subchapter applies only with respect to attachments upon 
wages, as defined by section 16-571, issued on or after 60 days from 
August 4,1959. 
CHAPTER 7—CRIMINAL PROCEEDINGS IN THE 
COURT OF GENERAL SESSIONS 
Sec. 
16-701. Rules and regulations. 
16-702. Information, prosecution by. 
16-703. Process of criminal division; fees. 
16-704. Bail; collateral security. 
16-705. Jury trial; trial by court. 
16-706. Enforcement of judgments; commitment upon non-payment of fine. 
16-707. Disposition of fines. 
16-708. Penalties for wrongful conversion of forfeitures and fines. 
16-709. Executions on forfeited recognizances and judgments. 
16-710. Suspension of imposition or execution of sentence. 
§ 16-701. Rules and regulations 
The District of the Columbia Court of General Sessions may make 
rules and regulations deemed necessary and proper for conducting 
business in tlie criminal division of the court. 
558 
PUBLIC LAW 88-241-DEC. 23, 1963 
[77 SIAT. 
§ 16-702. Inf 
ormation, prosecution by 
Prosecutions in the criminal division of the District of Columbia 
Court of General Sessions shall be by information by the proper 
prosecuting officer. 
§16-703. Process of criminal division; fees 
(a) The criminal division of the District of Columbia Court of 
General Sessions may issue process for the arrest of persons against 
whom an information is filed or complaint under oath is made. 
(b) Process shall: 
(1) be under the seal of the court; 
(2) bear teste in the name of a judge of the court; and 
(3) be signed by the clerk. 
(c) In cases arising out of violations of any of the ordinances or 
laws of the District, process shall be directed to the Chief of Police, 
who shall execute the process and make return thereof in like manner 
as in other cases. 
(d) In criminal cases cognizable in the United States District Court 
for the District of Columbia the process issued by the Court of Gen-
eral Sessions shall be directed to the United States marshal, except 
. in cases of emergency, when it may be directed to the Chief of Police. 
(e) For services pursuant to subsection (d) of this section the 
marshal shall receive the fees prescribed by section 15-709 (b) (2). 
§ 16-704. Bail; collateral security 
(a) A person charged with an offense triable in the criminal 
division of the Court of General Sessions may give security for his 
appearance for trial or for further hearing, either by giving bond to 
the satisfaction of the court or by depositing money as collateral 
security with the appropriate officer at the court or the station keeper 
of the police precinct within which he is apprehended. When a sum 
of money is deposited as collateral security as provided by this section 
it shall remain, in contemplation of law, the property of the persoii 
depositing it until duly forfeited by the court. When forfeited, it 
shall be, in contemplation of law, the property of the United States of 
America or of the District of Columbia, according as the charge 
against the person depositing it is instituted on behalf of the United 
States or of the District. Every person receiving any sum of money 
deposited as provided by this section shall be deemed in law the agent 
of the person depositing it or of the United States or the District, as 
the case may be, for all purposes of properly preserving and account-
ing for money. 
(b) This section does not affect the ultimate rights under existing 
law of the Washington Humane Society of the District of Columbia, in 
or to any forfeitures collected in the criminal division of the Court of 
General Sessions. 
§ 16-705. Jury trial; trial by court 
(a) In a criminal prosecution within the jurisdiction of the 
Court of General Sessions in which, according to the Constitution of 
the United States, the accused would be entitled to a jury trial, the 
trial shall be by jury, unless the accused in open court expressly 
waives trial by jury and requests to be tried by the judge. In the latter 
case, the trial shall be by the judge, and the judgment and sentence 
shall have the same force and effect in all respects as if they had been 
entered and pronounced upon the verdict of a jury. 
(b)^ In any case where the accused would not by force of the Con-
stitution of the United States be entitled to a trial by jury, the trial 
shall be by the court without a jury, unless it is a case wherein the fine 
or penalty may be more than $300, or imprisonment as punishment 
77 STAT. ] 
PUBLIC L
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559 
for the offense may be more than ninety days and the accused demands 
a trial by jury. In the latter case the trial shall be by jury. 
(c) The jury for service in the criminal division of the court shall 
consist of twelve persons, unless the parties, with the approval of the 
court and in the manner provided by rules of the court, agree to a 
nimiber less than twelve. 
§16-706. Enforcement of judgments; commitment upon non-
payment of fine 
The Court of General Sessions may enforce any of its judgments 
rendered in criminal cases by fine or unprisonment, or both. Except 
as otherwise provided hv law, in any case where the criminal division 
of the court miposes a fine, the court may, in default of the payment 
of the fine imposed, commit the defendant for such a term as uie court 
deems right and proper, not to exceed one year. 
§16-707. Disposition of fines 
(a) All fines payable and paid under judgment of the criminal 
division of the Court of General Sessions shall, upon their payment, 
immediately become, in contemplation of law, the property of the 
United States or the District of Columbia, according to the charge 
upon which the fine may be adjudged. Every person receiving such a 
fine shall be deemed in law an agent of the United States or the Dis-
trict, as the case may be. 
(b) This section does not affect the ultimate rights under existing 
law of the Washinfrton Humane Society of the District of Columbia, 
in or to any fines paid in the criminal division of the Court of Gen-
eral Sessions. 
§16-708. Penalties for wrongful conversion of forfeitures and 
fines 
Whoever, being an agent as contemplated and defined by section 16^ 
704(a), or by section 16-707(a), wrongfully converts to his own use 
any money received by him as provided therein, is guilty of em-
bezzlement, and shall be fined not more than $6,000 or imprisoned not 
more than five years, or both. 
§ 16-709. Executions on forfeited recognizances and judgments 
The Court of General Sessions may issue execution on all recogni-
zances forfeited in its criminal division, upon motion of the prosecut-
ing officer; and all writs of fieri facias or other writs of execution on 
judgments issued by the criminal division shall be directed to and 
executed by the United States marshal. 
§ 16-710. Suspension of imposition or execution of sentence 
In criminal cases in the District of Columbia Court of General Ses-
sions, the court may, upon conviction, suspend the imposition of sen-
tence or impose sentence and suspend the execution thereof, for such 
time and upon such terms as it deems best, if it appears to the satisfac-
tion of the court that the ends of justice and the best interests of the 
public and of the defendant would be served thereby. In each case of 
the imposition of sentence and the suspension of the execution thereof, 
the court may place the defendant on probation imder the control and 
supervision of a probation officer. The probationer shall be provided 
by the clerk of the court with a written statement of the terms and 
conditions of his probation at the time when he is placed thereon. 
He shall observe the rules prescribed for his conduct by the court 
and report to the probation officer as directed. A person may not be 
put on probation without his consent. 
560 
PUBLIC LAW 88-241-DEC. 23, 1963 
[77 STAT. 
CHAPTER 9—DIVORCE, ANNULMENT, SEPARATION, 
SUPPORT, ETC. 
Sec. 
16-901. Definition. 
16-902. Residence requirements. 
16-903. Decree annulling marriage. 
16-904. Grounds for divorce, legal separation and annulment. 
16-905. Revocation of decree of divorce from bed and board. 
16-906. Causes for absolute divorce arising after decree for separation. 
16-907. Legitimacy of issue of annulled marriage contracted while another in 
force. 
16-908. Legitimacy of issue of annulled marriage with lunatic. 
16-009. Legitimacy of issae of divorced marriage. 
16-910. Dissolution of property rights; jurisdiction of court. 
16-911. Alimony pendente lite; suit money; enforcement; custody of children. 
16-912. Permanent alimony; enforcement; retention of dower. 
16-913. Alimony when divorce is granted on husband's application. 
16-914. Retention of jurisdiction as to alimony and custody of children. 
16-915. Restoration of wife's maiden or other previous name. 
16-916. Maintenance of wife and minor children; enforcement. 
16-917. Co-respondents as defendants; service of process. 
16-918. Assignment of counsel in uncontested cases; compensation. 
16-919. Proof required on default or admission of defendant. 
1&-020. Effective date of final decree; contents. 
36-921. Validity of marriage, action to determine. 
16-922. Validity of marriages and divorces solemnized or pronounced before 
January 1,1902. 
§ 16-901. DeiQnition 
As used in this chapter, "court" means the Domestic Relations 
Branch of the District of Columbia Court of General Sessions. 
§ 16-902. Residence requirements 
A decree of nullity of marriage or divorce may not be rendered in 
favor of anyone who has not been a bona fide resident of the District 
of Columbia for at least one year next before the application therefor, 
and a divorce may not be decreed in favor of any person who has not 
been a bona fide resident of the District for at least two years next 
before the application therefor for any cause tliat has occurred out of 
the District and prior to residence therein. 
§ 16-903. Decree annulling marriage 
A decree annulling the marriage as illegal and void may be rendered 
31 Stat. 1391; 
on any of the grounds specified by sections 30-101 and 30-103 as in-
validating a marriage. 
§ 16-904. Grounds for divorce, legal separation and annulment 
(a) A divorce from the bond of marriage or a legal separation from 
bed and board may be granted for: 
(1) adultery; 
(2) desertion for two years; 
(3) voluntary separation from bed and board for five con-
secutive years without cohabitation; or 
(4) final conviction of a felony involving moral turpitude 
and sentence for not less than two years to a penal institution 
that is served in whole or part. 
A legal separation from bed and board may also be granted for 
cruelty; and where a final decree of divorce from bed and board is or 
has been granted and the separation of the parties continues or has 
continued for two years after or since date of decree, the decree may 
be enlarged into a decree of absolute divorce from the bond of marriage 
upon application of the innocent spouse. 
(b) Marriage contracts may be declared void where: 
(1) the marriage was contracted while either of the parties 
thereto had a former wife or husband living, unless the former 
marriage had been lawfully dissolved; 
50 Stat. 626. 
77 STAT. ] 
PUBLIC LAW 88-241-DEC. 23, 1963 
561 
(2) the marriage was contracted during the lunacy of either 
party, unless there has been voluntary cohabitation after the 
lunacy, or was procured by fraud or coercion; 
(3) either party was matrimonially incapacitated at the 
time of marriage and the incapacity has continued; or 
(4) eitherparty had not arrived at the age of legal consent 
to the contract of marriage, imless there has been voluntary 
cohabitation after coming to legal age, but only on the action 
of the party not capable of consenting. 
§ 16-905. Revocation of decree of divorce from bed and board 
The court may revoke its decree of divorce from l)ed and board at 
any time, upon the joint application of the parties to be discharged 
from the operation of the decree. 
§16-906. Causes for absolute divorce arising after decree for 
separation 
Where a divorce from bed and board has been decreed the court may 
afterwards decree an absolute divorce between the parties for any 
cause arising since the first decree and sufficient to entitle the com-
plaining party to the second decree. 
§ 16-907. Legitimacy of issue of annulled' marriage contracted 
while another in force 
If any marriage is declared by decree to be void because either party 
has a former wife or husband living, and it appears that the marriage 
was contracted in good faith by the other part^ and in ignorance of 
the obstacle to the marriage, the court shall so find and declare in its 
decree, and the issue of the marriage shall be deemed to be the legiti-
mate issue of the parent who was capable of contracting. 
§ 16-908. Legitimacy of issue of annulled marriage with lunatic 
If a marriage is declared null and void because of the idiocy or 
lunacy of either party at the time of the marriage the issue of the 
marriage shall be deemed legitimate. 
§ 16-909. Legitimacy of issue of divorced marriage 
A divorce for a cause provided for by this chapter does not affect 
the legitimacy of the issue of the marriage dissolved by the divorce, 
but the legitimacy of the issue, if questioned, shall be tried and de-
termined according to the course of the common law. 
§ 16-910. Dissolution of property rights; jurisdiction of court 
Upon the entry of a final decree of annulment or absolute divorce, 
in the absence oi a valid antenuptial or postnuptial Hgreeiuent in re-
lation thereto, all property rights of the parties in joint tenancy or 
tenancy by the entirety shall stand dissolved and, in the same pro-
ceeding in which the decree is entered, the court may award the prop-
erty to the one lawfully entitled thereto or apportion it in such man-
ner as seems equitable, just, and reasonable. 
§ 16-911. Alimony pendente lite; suit money; enforcement; cus-
tody of children 
During the pendency of an action for divorce, or an action bv the 
husband to declare the marriage null and void, where the nullity is 
denied by the wife, the court may: 
(1) require the husband to pay alimony to the wife for 
the maintenance of herself and their minor children commit-
ted to her care, and suit money, including counsel fees, to 
enable her to conduct her case, whether she is the plaintiff 
or the defendant, and enforce any order relating thereto by 
attachment and imprisonment for disobedience; 
93-025 0-64-38 
562 
" 
PUBLIC L
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W 88-241-DEC. 23, 1963 
[77 STAT. 
(2) enjoin any disposition of the husband's property to 
avoid the collection of the allowances so required; 
(3) if the husband fails or refuses to pay the alimony or 
suit money, sequestrate his property and apply the income 
thereof to such objects; and 
(4) determine who shall have the care and custody of in-
fant children pending the proceedings. 
§ 16-912. Permanent alimony; enforcement; retention of dower 
When a divorce is granted to the wife, the court may decree her per-
manent alimony sufficient for her support and that of any minor chil-
dren whom the court assigns to her care, and secure and enforce the 
payment of the alimony in the manner prescribed by section 16-911, 
and may, if it seems appropriate, retain to the wife her right of dower 
in the husband's estate; and the court may, in similar circumstances, 
retain to the husband his right of dower in the wife's estate. 
§16-913. Alimony virhen divorce is granted on husband's 
application 
When a divorce is granted on the application of the hust>and, the 
court may require him to pay alimony to the wife, if it seems just and 
proper. 
§ 1&-914. Retention of jurisdiction as to alimony and custody of 
children 
After the issuance of a deci'ee of divorce granting alimony 
and providing for the care and custody of children, the case shall still 
be considered open for any future orders relating to those matters. 
§ 16-915. Restoration of wife's maiden or other previous name 
In granting a divorce from the bond of marriage, the court may 
restore to the wife her maiden or other previous name. 
§ 16-916. Maintenance of wife and minor children; enforcement 
When a husband fails or refuses to maintain his wife and minor 
children, if any, although able so to do, the court, on application 
of the wife, pendente lite and permanently, may decree that he 
shall pay her, periodically, such sums as would be allowed to her as 
pendente lite or permanent alimony in case of divorce for the main-
tenance of herself and the minor children, if any, committed to her 
care by the court. The court may enforce the payment thereof in the 
same manner as directed in regard to the payment of permanent 
alimony. 
§ 16-917. Co-respondents as defendants; service of process 
In a divorce case where adultery is charged, the person or persons 
with whom the adultery is charged to have been committed shall be 
made defendant or defendants and brought in by personal service of 
process or by publication as in other cases. 
§16-918. Assignment of counsel in uncontested cases; compen-
sation 
In all uncontested divorce cases, and in any other divorce or annul-
ment case where the court deems it necessary or proper, a disinterested 
attorney shall be assigned by the court to enter his appearance for the 
defendant and actively defend the cause. The attorney shall receive 
such compensation for his services as the court determines to be 
proper, which shall be paid by the parties as the court directs. 
§ 16-919. Proof required on default or admission of defendant 
A decree for a divorce, or a decree annulling a marriage, may not 
be rendered on default, without proof; and an admission contained in 
the answer of the defendant may not be taken as proof of the facts 
77 STAT. ] 
PUBLIC L
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W 88-241-DEC. 23, 1963 
563 
charged as the ground of the application, but shall be proved by other 
evidence in aU cases. 
§ 16-920. Effective date of final decree; contents 
A final decree annulling or dissolving a marriage is not effec-
tive to annul or dissolve the marriage until the expiration of the time 
allowed for taking an appeal, and until the final disposition of any 
appeal taken, and every final decree shall expressly so recite. Every 
decree for absolute divorce shall contain the date thereof and may not 
be absolute and take effect until the expiration of six months after its 
date. 
§ 16-921. Validity of marriage, action to determine 
When the validity of an alleged marriage is denied by either of 
the parties thereto the other party may institute an action for affirm-
ing the marriage, and upon due proof of the validity thereof the 
court shall decree it to be valid. The decree shall be conclusive upon 
all parties concerned. 
§ 16-922. Validity of marriages and divorces solemnized or pro-
nounced before January 1,1902 
This chapter does not invalidate any marriage solemnized according 
to law before January 1,1902, or any decree or judgment of divorce 
pronounced before that date. 
CHAPTER 11—EJECTMENT AND OTHER REAL 
PROPERTY 
ACTIONS 
SUBCHAPTER I—EJECTMENT 
Sec. 
16-1101. Parties defendant; Joint tenants and tenants in common. 
— 
16-1102. Failure of tenant to give notice to landlord. 
16-1103. Contents of complaint; adverse possession. 
16-1104. Proof necessary. 
16-1105. Legal title in mortgagee or trustee; possession. 
16-1106. Performance of contract by vendee as precluding vejidor from recovery. 
16-1107. Several judgments against defendants occupying distinct parcels. 
16-1108. Recovery of less than is claimed. 
16-1109. Recovery of mesne profits and damages; separate count 
16-1110. Recovery, by landlord) of furniture, arrears in rent, and damages; 
separate counts. 
16-1111. Separate action for rent or damages. 
16-1112. Expiration of title pending suit; damages. 
16-1113. Defense of adverse possession; enclosure. 
16-1114. Verdict; Judgment; costs; future actions. 
16-1115. Conclusiveness of final Judgment. 
16-1116. Improvements; notice; good faith; directions to Jury; measure of 
damages. 
16-1117. New trial as to assessment. 
16-1118. Judgment for damages in excess of Improvements. 
16-1119. Judgment when Improvements and damages are equal. 
16-1120. Election of plaintiff if value of improvements exceeds damages. 
16-1121. Judgment and writ of possession after payment for improvements. 
16-1122. Judgment and writ of possession after tender of deed and defendant's 
refusal to pay. 
16-1123. Judgment for defendant after plaintiff's refusal to pay excess or tender 
deed. 
16-1124. Ejectment for non-payment of rent; time limitation on relief from 
Judgment; set-off; dismissal upon payment. 
564 
PUBLIC L
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[77 STAT. 
SUBCHAPTBE II—PROCEEDINGS TO DISCOVER THE DEATH OP A 
TENANT rOR LIFE 
Sec. 
1<^1151. Petition by person entitled to claim; form and contents. 
1(^1152. Order to produce life tenant; service of order. 
16-1153. Failure to produce as ordered; subsequent proceedinfi^s; commissioners; 
presumption of death; right of possession. 
16-1154. Investigation outside the District; report to court; presumption of 
death; right to possession. 
16-1155. Restoration of property to life tenant 
16-1156. Becovery of profits by person evicted. 
16-1157. Preservation of life tenant's rights if living at time of return. 
16-1158. Persons holding over after life estate; damages. 
Subchapter I—Ejectment 
§16-1101. Parties defendant; joint tenants and tenants in 
common 
(a) A civil action based upon a cause of action in ejectment, may be 
brought against: 
(1) the person actually occupying the premises claimed, 
either in person or by tenant; or 
(2) both the claimant and his tenant, or other occupant 
claiming under him; or 
(3) if the premises are not actually occupied, a person 
exercising acts of ownership thereon adversely to the plaintiff. 
When a lessee is made a defendant at the suit of a party claiming 
against the title of the lessee's landlord, the landlord may appear and 
be made a party defendant in the place of his lessee. 
Any person claiming to be in possession may, on motion, be ad-
mitted to defend the action. 
(b) Joint tenants shall sue jointly in ejectment, but tenants in 
common may sue either jointly or separately, and any number of 
tenants in common, less than the whole number entitled, may sue 
jointly in reference to their undivided interests. 
§ 16-1102. Failure of tenant to give notice to landlord 
If a tenant, on whom a complaint in ejectment is served, fails to 
give notice thereof, without delay, to his landlord or the agent of the 
landlord, he shall forfeit and pay to the landlord the value of three 
years' full rent of the premises, to be recovered by a civil action. 
§ 16-1103. Contents of complaint; adverse possession 
In his complaint in ejectment, the plaintiff shall: 
(1) describe the premises claimed with reasonable cer-
tainty; and 
(2) set forth distinctly the nature and quantity of the 
estate claimed by him in the premises. 
It is sufficient for the plaintiff to state, in addition, that: 
(1) he was possessed of the premises, and while he was 
so possessed the defendant entered wrongfully into j)ossession 
thereof, and withholds the possession of the premises from 
the plaintiff, or wrongfully detains possession; or 
(2) the defendant is wrongfully exercising acts of own-
ership over the premises. 
However, except as provided by this chapter, acts of ownership do 
not amount to an adversary possession, so as to make it necessary for 
the plaintiff to sue in order to avoid the bar of the statute of limita-
tions. 
77 STAT. ] 
PUBLIC L
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565 
§16-1104. Proof necessary 
(a) Except as provided by subsection (b) of this section, in an action 
of ejectment it is sufficient to entitle the plaintiff to relief to show 
that he is entitled, as against the defendant, to the immediate pos-
session of the premises claimed, and that the defendant is: 
(1) in possession of the premises, and is holding adversely 
to the plaintiff; or 
(2) exercising acts of ownership over the premises, ad-
versely to the plaintiff. 
(b) In an action pursuant to this chapter by one or more joint tenants 
or tenants in common against their cotenants, the plaintiffs shall be 
required to prove an actual ouster or some other act amounting to a 
denial of the plaintiff's title and his exclusion from the enjoyment 
of the property. 
§ 16-1105. Legal title in mortgagee or trustee; possession 
It is not a bar to the plaintiff's recovery in an action of ejectment 
that the legal title to the property claimed is outstanding in another as 
mortgagee or trustee under a mortgage or deed of trust to secure a 
debt, unless the mortgagee or trustee, or those claiming imder him, has 
taken possession of the premises, or unless the defendant claims under 
the mortgagor or grantor in the deed of trust. 
§16-1106. Performance of contract by vendee as precluding 
vendor from recovery 
Where real property has been sold under a written contract executed 
by the vendor, and there has been such a performance of its terms by 
the vendee as would entitle him to a decree for a conveyance of the 
legal title, without condition, the vendor may not recover the property 
from the vendee. 
§ 16-1107. Several judgments against defendants occupying dis-
tinct parcels 
When it appears on the trial in an action of ejectment that some of 
the defendants occupy distinct parcels of the property claimed, in 
severalty, the plaintiff, if entitled to recover, may in the discretion 
of the court, have several judgments against the respective parties, 
according to the proof of occupancy. 
§ 16-1108. Recovery of less than is claimed 
The plaintiff, under a claim to certain described premises, may 
recover less than the whole property claimed, and, under a claim to 
an entire property, may recover an undivided part thereof. 
§ 16-1109. Recovery of mesne profits and damages; separate count 
(a) The plaintiff may embody in his complaint, in a separate count, 
a claim for the: 
(1) mesne profits received by the defendant from the prop-
erty sued for; or 
(2) clear value of the use and occupation of the property 
sued for— 
extending to the time of the verdict, and also damages for waste or 
injury to the premises during that period. 
(b) If the ]ury find for the plaintiff, they may, at the same time, 
find and assess the mesne profits, or the value of the use and occupa-
tion and the amount of damages, specified by subsection («,) of this 
section. Except in the case provided for by section 16-1116, there shall 
be rendered, besides a judgment for the recovery of the property, a 
judgment against the defendant for the amount so found by the jury. 
566 
PUBLIC L
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W 88-241-DEC. 23, 1963 
[77 STAT. 
§ 16-1110. Recovery, by landlord, of furniture, arrears in rent, and 
damages; separate counts 
(a) In an action in ejectment against his tenant, a landlord may 
embody in his complaint, in separate counts, claims for: 
(1) furniture, if leased with the realty; 
(2) arrears of rent due at the termination of the tenancy; 
(3) double rent in cases authorized by this Code from the 
termmation of the tenancy to the verdict for possession; and 
(4) damages for waste or injury to the premises or furni-
ture durinf^ the defendant's occupancy of the premises and 
before commencement of the action. 
(b) If the jury find for the landlord, they may, at the same time, 
find the amounts due for arrears of rent and for double rent and for 
damages, as provided by subsection (a) of this section, and judgment 
ah&\\ be rendered accordingly. 
§ 16-1111. Separate action for rent or damages 
The plaintiff in ejectment is not required to join his claim for rent 
or damages with his claim foi* the recovery of the land and his omis-
sion to do so does not prevent him from bringing his action for Tent 
or damages separately. 
^ 
§ 16-1112. Expiration of title pending suit; damages 
If the title of the plaintiff in ejectment expires after the commence-
ment of his action but before the trial, and but for the expiration he 
would have been entitled to recover, the verdict shall find the factS5 
and the plaintiff may recover his damages sustained by the wrongful 
withholding of the possession. 
§ 16-lli3. Defense of adverse possession; enclosure 
In an action to recover vacant and unimproved lots of ground it 
is not necessary, in order to maintain the defense of adversary 
possession, to show that the premises in controversy had been enclosed; 
but if it appears that the property had been assessed for taxation 
to the defendant, or those under whom he claims, and that he or they 
had regularly paid the taxes on the property and were the only per-
sons who had exercised control over the property for a period of fif-
teen years before the bringing of the action, the facts shall be the 
equivalent of possession by actual enclosure. 
§16-1114. Verdict; judgment; costs; future actions 
(a) In an action of ejectment, if the plaintiff's title is established 
by proof, the verdict of the jury shall be generally for the plaintiff 
as to the whole or part of the property or interest claimed in the com-
plaint, as the case may be. If the plaintiff fails to make satisfactory 
proof of title, the verdict shall be for the defendant as to the whole 
or part of the property, as the case may be. The verdict may be for 
the plaintiff as to part and for the defendant as to other part thereof. 
Except as provided by this chapter, judgment shall be rendered ac-
cording to the verdict. 
(b) When it appears on the trial that the defendant did not wrong-
fully enter into possession of the property sued for, or exercise acts 
of ownership over the same adversely to the plaintiff, the verdict of 
the jury shall be that the defendant is not guilty. Thereupon, judg-
ment shall be rendered in favor of the defendant against the plaintiff 
for the costs of the action, but the judgment is not a bar to a future 
action by the plaintiff against the defendant for the recovery of the 
property. 
77 STAT, j 
PUBUC LAW 88-241-DEC. 23, 1963 
567 
§ 16-1115. Conclusiveness of final judgment 
A final judgment rendered in an action of ejectment is conclusive 
as to the title thereby established as between the parties to the action 
and all pei-sons claiming under tlieni since the conimencenient of the 
action. 
§16-1116. Improvements; notice; good faith; directions to jury; 
measure of damages 
In an action of ejectment, at any time before the trial, the defendant 
may give notice that if the verdict of the juiy is in favor of the 
plaintiff's title the defendant will claim the benefit of permanent im-
provements that may have been placed on the property by the de-
fendant or those under whom he claims, and offer evidence at the 
trial tending to show that he or those under whom he claims had 
peaceably entered into possession of the premises in coiitrovei*sy under 
a title which he or they had reason to believe and did believe to be 
good, and had erected valuable and permanent improvements on the 
property, which were begun in good faith before the commencement 
of the action. The court shall then direct the jury, in case they find 
in favor of the plaintiff's title and also find that the permanent im-
provements were made by the defendant, or those under whom he 
claims, under the circumstances described in this section, to assess the: 
(1) damages of the plaintiff, being the clear value over and 
above taxes and necessary expenses of the use and occupation 
of the property, exclusive of the improvements, during the 
whole period of the occupation of the property to the date of 
the verdict, and any damage done to the property, by 
waste or otherwise, by the parties during the occupation; 
(2) present value of any permanent improvements that 
may have been placed on the premises by the defendant or 
those under whom he claims; 
(3) present value of the property of the plaintiff without 
and exclusive of the improvements. 
§ 1&-1117. New trial as to assessment 
Either party who feels ag^ieved by the assessment provided for by 
section 1&-1116, may, withm four days after the verdict, move to 
set the assessment aside, and the court may, for good cause shown, set 
the verdict aside and order another jury to be empaneled in the cause 
to make a new assessment. 
§ 16-1118. Judgment for damages in excess of improvements 
When the damages of the plaintiff, assessed as provided by section 
16-1116, exceed the value of the permanent improvements as ascer-
tained by the jury, the plaintiff snail be entitled to a judgment for 
the excess in like manner as directed by section 16-1109. 
§ 16-1119. Judgment when improvements and damages are equal 
When the value of the improvements, ascertained as provided by this 
chapter, equal but do not exceed the plaintiff's damages, as found by 
the jury, the plaintiff shall be entitled to judgment only for the 
recovery of the property sued for and costs. 
§ 16-1120. Election of plaintiff if value of improvements exceeds 
damages 
If the value of the improvements referred to in this chapter is 
fotmd by the jury to exceed the damages of the plaintiff, the plaintiff 
may elect either to pay to the defendant the amount of the excess or 
to demand of the defendant the value of the plaintiff's property, 
without the improvements, as fixed by the jury, and tender to the 
defendant a deed for the property, with all the plaintiff's right, title, 
and interest therein. 
568 
PUBLIC LAW 88-241-DEC. 23, 1963 
[77 STAT. 
§ 16-1121. Judgment and writ of possession after payment for 
improvements 
When the plaintiff pays to the defendant, within the time fixed there-
for by the court, or, in case of the defendant's refusal to accept the 
payment, pays into court for the defendant's iise the amount of the 
excess of the value of the improvements over the damages of the 
plaintiff, the plaintiff shall be entitled forthwith to a judgment and 
writ of possession. 
§ 16-1122. Judgment and writ of possession after tender of deed 
and defendant's refusal to pay 
If the plaintiff tenders to the defendant a deed as provided by section 
1^1120 and demands the value of his property without the im-
provements, as found by the jury, and the defendant fails or refuses 
to pay the value within the time fixed tlierefor by the court, the 
plaintiff shall, in like manner, be entitled to a judgment and writ of 
possession; and if the plaintiff is a minor, the court may authorize 
the deed to be executed by his guardian. 
§ 16-1123. Judgment for defendant after plaintiff's refusal to pay 
excess or tender deed 
If the plaintiff fails or refuses either to pay the defendant the 
excess of the value of the improvements over the amount of the 
plaintiff's damages, or, as provided by the chapter, to tender a deed 
to the defendant and accept from him the value of the plaintiff's 
property, exclusive of the improvements, the defendant may pay the 
value into court for the use of the plaintiff. 
Thereupon, the defend-
ant shall be entitled to a judgment in his favor, but without costs, 
which judgment shall be a bar to any future action by the plaintiff 
against the defendant to recover the property for cause theretofore 
existing. 
§ 16-1124. Ejectment for non-payment of rent; time limitation on 
relief from judgment; set-off; dismissal upon pay-
ment 
(a) In a case between landlord and tenant, where one-half year's 
rent or more is in arrear and unpaid, and the landlord or lessor to 
whom the rent is due has the right by law, in default of a sufficiency 
of goods and chattels whereon to distrain for the satisfaction of the 
rent due, to re-enter for non-payment of the rent, he may, without any 
formal demand or re-entry, commence a civil action in ejectment for 
the recovery of the demised premises. 
(b) When a judgment is given for the plaintiff in an action pur-
suant to this section, and execution is had on the judgment, before the 
rent in arrear and costs of suit are paid, the lease of the property shall 
cease and be determined, unless the judgment is reversed on appeal 
or certiorari or, within six months after execution on the judgment, 
the defendant or a person who has succeeded to his interest, or a 
mortgagee of the lease or of any part thereof who was not in possession 
when final judgment was rendered, applies to the court for an order 
. granting equitable relief from the judgment, which is subsequently 
granted. 
(c) When possession of the property recovered has been delivered 
to the plaintiff under execution issued upon a judgment in an action 
pursuant to this section, and, in connection with the application for 
equitable relief from the judgment, the defendant or other person re-
ferred to in subsection (b) of this section, has, prior to or at the time of 
his application, paid or tendered to the plaintiff or his legal represent-
ative or successor in interest, or paid into court for the use of the person 
entitled thereto, the amount of rent in arrear, as stated in the judgment 
and costs of suit and all damages sustained by the plaintiff, the order 
77 STAT. ] 
PUBLIC LAW 88-241-DEC. 23, 1963 
569 
for restoration of possession of the property to the person who made 
the payment shall provide for setting off the sum that the plaintiff 
has made, or that he might, without fraud, deceit, or willful neglect, 
have made, of the property, during his possession, against the rent 
accruing after the judgment was rendered, and for reimbursement 
to the applicant of the balance, if any, of the sum paid into court by 
him, after making the set-off prescribed by this subsection. 
(d) At any time before the trial of an action pursuant to this sec-
tion, the defendant may pay or tender to the plaintiff, or pay into court, 
the amount of all the rent then in arrear, and costs of suit. Thereupon, 
the action shall be dismissed. 
Subchapter II—Proceedings To Discover the Death of a Tenant 
for Life 
§16-1151. Petition by person entitled to claim; form and con-
tents 
(a) A person entitled to claim real property, after the death of 
another person who has a prior estate therein^ may, not of 
tener than 
once a year, petition the court for an order directmg the production 
of the tenant for life, as prescribed by this subchapter, by a person, 
named in the petition, against whom a civil action in ejectment to 
recover the real property can be maintained if the tenant for life is 
dead, or, if there is no such person, by the guardian, trustee, or other 
person who has, or is entitled to, the custody of the person of the tenant 
for life, or the care of his estate. 
(b) A petition prescribed by subsection (a) of this section shaU 
be verified by the affidavit of the petitioner, and shall contain an 
averment that the petitioner has cause to believe that the person, upon 
whose life the prior estate depends, is dead, and that his or her death is 
being concealed by the person named in the petition. 
§ 16-1152. Order to produce life tenant; service of order 
Upon the presentation of the petition and affidavit prescribed by 
section 16-1161, the court shall issue an order to the person named 
in the petition to produce and show to the persons named in the order 
by the petitioner, not exceeding two in number, at such time and place 
as the court directs, the person upon whose life the prior estate de-
pends. A certified copy of the order shall be served upon the person 
required to produce tne tenant for life in the manner provided by 
applicable rules of court. 
§ 16-1153. Failure to produce as ordered; subsequent proceed-
ings; commissioners; presumption of death; right 
of possession 
(a) If a person upon whom an order, as prescribed by section 
16-1152, is served, refuses or neglects to produce the pjerson upon 
whose life the prior estate depends in the manner provided by the 
order, the court shall order him to produce the person in coiut or 
before commissioners appointed by the court, at such time and place 
as the court directs. Two of the commissioners shall be nominated 
by the petitioner, and they shall serve at his expense. A certified 
copy of the order shall be served upon the person required to produce 
the tenant for life in the maimer provided by applicable rules of 
court. The commissioners appointed shall make and file with the 
court a return showing the results of their investigation and their 
conclusions. 
(b) If the person upon whom the second order prescribed by sub-
section (a) of this section is served refuses or neglects to produce, in 
court, or before the commissioners, as the case may be, the person 
570 
PUBLIC L
A
W 88-241-DEC. 23, 1963 
[77 STAT. 
upon whose life the prior estate depends, it shall be presumed that 
the latter person is dead, and the court shall issue an order permitting 
the petitioner to take possession of the property, as if that person were 
actually dead. 
§16-1154. Investigation outside the District; report to court; 
presumption of death; right to possession 
If before, or at the time of, the presentation of the commissioners' 
return provided for by section 16-1153, or, where commissioners are not 
appointed, at any time before a final order is made, the party upon 
whom the first or second order is served presents to the court presump-
tive proof, by affidavit, that the person, whose death was in question, is, 
or lately was, at a place certain, without the District of Columbia, the 
petitioner, at his own expense, may send one or both of the persons 
named in the first order to view him. If the person concealing 
or suspected of concealing the person upon whose life the prior estate 
depends, or the fact of his death, refuses or neglects to produce him 
or to procure him to be produced to the personal view of the persons 
sent for that purpose, the persons sent to view him shall make a true 
return of the refusal or neglect to the court, and the return shall be 
filed in the court. Thereupon, it shall be pi-esumed that the tenant 
for life is dead, and the court shall issue an order permitting the peti-
tioner to take possession of the real property, as if that person were 
actually dead. 
§ 16-1155. Restoration of property to life tenant 
The possession of real property that has been awarded to a petitioner 
pursuant to this subchapter, upon the presumption of the death of the 
person upon whose life the prior estate depends, shall be restored, 
by an order of the court, to the person evicted, or to his heirs, or legal 
representatives, upon the petition of the latter, and proof, to the satis-
faction of the court, that the person presumed to be dead is living. 
The proceedings upon such a petition are the same as those prescribed 
by this subchapter to be followed upon the petition of the person to 
whom possession is awarded. 
§ 16-1156. Recovery of profits by person evicted 
A person evicted, as prescribed by this subchapter, may, when the 
presumption upon which he is evicted is erroneous, maintain a civil 
action against the person who has occupied the property, or his execu-
tor or administrator, to recover the full profits of the property during 
the occupation, while the person, upon whose life the prior estate 
depends, is or was living. 
§ 16-1157. Preservation of life tenants' rights if living at time of 
return 
When a guardian, trustee, or other person holding an estate or 
interest determinable upon the life of another person, shows by affi-
davit or otherwise, to the satisfaction of the court, that: 
(1) he has used his utmost efforts to procure the tenant 
for life to appear in the court or elsewhere, according to the 
order of the court; 
(2) he can not procure or compel him so to appear; and 
(3) the tenant for life is or was living at the time of the 
return made and filed, as prescribed by this subchapter— 
he may continue in the possession oi the estate, and receive the rents 
and profits for and during the infancy of the infant, or for and 
during the life of au}^ other person on whose life the estate or interest 
depends. 
77 STAT. ] 
PUBLIC L
A
W 88-241-DEC. 23, 1963 
571 
§ 16-1158. Persons holding over after life estate; damages 
A guardian or trustee for an infant, or other person having 
an estate determinable upon life or lives, who, after the determina-
tion of the particular estate or interest, without tiie express consent of 
the person or persons who is or are next and immediately entitled 
thereto, holds over and continues in possession of the real property, 
is a trespasser. Any person entitled to the real property upon or 
after the determination of the particular estate or interest, or his 
executor or administrator, may recover in damages against the person 
so holding over, or his executor or administrator, the full value of the 
profits received during the wrongful possession. 
CHAPTER 
13—EMINENT 
DOMAIN 
SUBCHAPTER I—GENERAL PROVISIONS 
See. 
16-1801. Jurisdiction of District Court. 
16-1302. Assignment of Judge for condemnation cases. 
SUBCHAPTER II—REAL PROPERTY FOR DISTRICT OF COLUMBIA 
16-1311. Condemnation proceedings by Board of Commissioners. 
16-1312. Jury; special list; qualifications; procedure for drawing. 
1&-1313. Selection of jury ; oath of jurors. 
16-1314. Declaration of taking; contents; deposit; transfer of title; determina-
tion; interest. 
16-1316. Distribution of money deposited on declaration of taking; judgment for 
deficiency or overpayment; execution. 
16-1316. Time for surrender of possession under declaration of taking; adjust-
ment of duirges. 
16-1317. Objection to jurors; appraisement. 
16-1318. Objection or exceptions to appraisement; new jury. 
16-1319. Payment of award; transfer of title. 
16-1320. Fixing time for return of verdict 
16-1321. Abandonment of proceedings; liability. 
SUBCHAPTER III—EXCESS 
PROPERTY 
FOR DEVELOPMENT 
OF SEAT 
OF 
GOVERNMENT 
Sec. 
16-1331. Acquisition of property in excess of needs. 
16-1332. Sale of excess property; restrictions on use; fair market value; disposi* 
tion of moneys. 
16-1833. Notice of sale of excess property. 
16-1334. Retention, for public use, of excess property. 
16-1335. Availability of appropriations for purchase of excess projierty. 
16-1336. Condemnation, of excess real property by Board of Commissioners; 
payment of awards, damages, and costs; no assessments for benefits. 
16-1337. Condemnation of excess real property by United States agencies; pay-
ment of awards, damages, and costs. 
16-1338. Construction of subchapter. 
SUBCHAPTER 
IV—REAL 
PROPERTY 
FOR 
UNITED 
STATES 
16-1351. DeflniUon. 
16-1352. Condemnation proceedings by Attorney General. 
16-1353. Declaration of taking; contents; deposit; transfer of title; determina-
tion ; interest. 
16-1354. Distribution of money deposited on declaration of taking; judgment 
for deficiency. 
16-1355. Time for surrender of possession under declaration of taking; adjust-
ment of charges. 
16-1356. Setting date of trial. 
16-1357. Drawing of jurors, and selection of jury; qualifications. 
16-1358. Oath of jurors. 
1&-1359. Inspection of property by jury; inresence of parties. 
16-1360. Trial; evidence; measure of compensation. 
16-1361. Verdict 
16-1362. Fixing date for new trial; new Jurors. 
16-1363. Judgment 
16-1364. Force and effect of judgment; payment 
16-1365. Appeal; deficiency judgment 
16-1366. Payment of compensation into court; vesting of titte. 
16-1367. Delivery of possession. 
16-1368. Additional powers of court 
572 
PUBLIC LAW 88-241-DEC. 23, 1963 
[77 STAT. 
Subchapter I—General Provisions 
§ 16-1301. Jurisdiction of District Court 
The United States District Court for the District of Coliiinbia has 
jurisdiction of all proceedings for the condemnation of real prop-
erty authorized by this chapter, with full power to hear and deter-
mine all issues of law and fact that may arise in the proceedings. 
§ 16-1302. Assignment of judge for condemnation cases 
The chief judge of the United States District Court for the Dis-
trict of Columbia shall assign from time to time, and for such periods 
as he determines, one of the judges of the court to hear cases involv-
ing the condemnation of real property in the District of Columbia. 
In case of the disability of the judge so assigned, or for any other rea-
son, the chief judge may assign any judge of the Court for service in 
condemnation cases. 
Subchapter II—Real Property for District of Columbia 
§ 16-1311. Condemnation proceedings by Board of Commissioners 
When real property in the District of Columbia is needed by 
the Board of Commissioners of the District for sites of schoolhouses, 
fire or police stations, or for a right of way for sewers, or for any 
other municipal use authorized by Congress, and it can not be ac-
quired by purchase from the owners thereof at a price satisfactory 
to the officers of the District authorized to negotiate for the property, 
a complaint may be filed in the United States District Court for the 
District of Columbia in the name of the Board for the condemnation 
of the property or right of way and the ascertainment of its value. 
§16-1312. Jury; special list; qualifications; procedure for draw-
ing 
(a) For the purposes of this subchapter, the jury commission shall: 
(1) prepare a special list of persons who have the quali-
fications of jurors, as prescribed by section 11-2301, and who, 
in addition, are owners of real property in the District; 
(2) from time to time, as may be necessary, write the 
names contained in the special list on separate and similar 
pieces of paper, which shall be so folded or rolled that the 
names can not be seen, and place them in a special box to be 
provided for the purpose: 
(3) thereupon, seal and lock the special box, and, after 
thoroughly shaking the box, deliver it to the clerk of the 
United States District Court for the District of Columbia for 
safekeeping. 
The box may not be unsealed or opened except by the jury commis-
sion. 
(b) From time to time, as ordered by the court, the jury commis-
sion shall publicly break the seal of the box provided for by subsection 
(a) of this section, and proceed to draw therefrom by lot, without 
previous examination, the names of such number of persons as the 
court directs, to serve in condemnation proceedings brought pursuant 
to section 16-1311, and certify the names so drawn to the clerk of the 
court. At the time of each drawing, there shall be in the box the 
names of not less than one hundred persons possessing the qualifica-
tions prescribed by subsection (a) of this section. 
(c) Except as provided by this section, chapter 23 of Title 11, in so 
far as it may be applicable, governs the qualifications of jurors in 
cases under section 16-1311 and the duties and conduct of the jury 
commissioners imder this section. 
77 STAT. ] 
PUBLIC L
A
W 88-241-DEC. 23, 1963 
573 
(d) A person who has so served within one year may not serve as a 
condemnation juror under this section. 
§ 16-1313. Selection of jury; oath of jurors 
In each action brought pursuant to this subchapter, the court shall 
appoint, from among the persons whose names are drawn pursuant to 
section 16-1312, a jury of five capable and disinterested persons, and 
shall administer to the persons so drawn an oath or affirmation that 
they: 
(1) are not interested in any manner in the real property 
to be condemned; 
(2) are not related to the parties interested in the property; 
and 
(3) without favor or partiality, and to the best of their 
judgment, will appraise the value of the respective interests 
of all persons concerned in the property. 
§16-1314. Declaration of taking; contents; deposit; transfer of 
title; determination; interest 
(a) In an action pursuant to this subchapter, the plaintiffs may file 
in a cause, with the complaint or at any time before judgment, a decla-
ration of taking, signed by the members of the Board of Commis-
sioners, declaring that the property is thereby taken for use of the 
District of Columbia. The declaration of taking shall contain or have 
annexed thereto a— 
(1) statement of the authority under which and the public 
use for which the property is taken; 
(2) description of the property taken sufficient for the 
identification thereof; 
(3) statement of the estate or interest in the property taken 
for public use; 
(4) plan showing the property taken; and 
(5) statement of the sum of money estimated by the Com-
missioners to be just compensation for the property taken, 
(b) Notwithstanding section 16-1319, upon the filing of the declara-
tion of taking and the deposit in the registry of the court, to the 
use of the persons entitled thereto, of the amount of the estimated 
compensation stated in the declaration, title to the property in fee 
simple absolute, or such less estate or interest therein as is specified 
in the declaration, shall vest in the District of Columbia, and 
the propert]r shall be deemed to be condemned and taken for the 
use of the District, and the right to just compensation therefor shall 
vest in the persons entitled thereto. The compensation shall be ascer-
tained and awarded in the proceedings and established by judgment 
therein, and the judgment shall include, as part of the just compen-
sation awarded, interest at the rate of 6 per centum per annum on the 
amount finally awarded as the value of the property as of the date 
of taking, from that date to the date of payment. Interest may not 
be allowed on as much thereof as has been paid into the registry. 
A sum so paid into the registry may not be charged with commissions 
or poundage. 
§16-1315. Distribution of money deposited on declaration of 
taking; judgment for deficiency or overpayment; 
execution 
After the filing of the declaration of taking, and the deposit of the 
money in the registry of the court, as provided for by section 16-1314, 
the court, upon the application of the parties in interest, may order 
that the money so deposited, or any part thereof, be paid forthwith for 
or on accoimt of the just compensation to be awarded in the proceed-
ing. Upon the final award of compensation, the court shall enter 
574 
PUBLIC L
A
W 88-241-DEC. 23, 1963 
[77 STAT. 
judgment for the amoimt of any deficiency or overpayment in the 
manner provided by subdivision (j) of rule 71A of the Federal Rules 
2
8 use app. 
of Civil Procedure. A writ of execution may be issued on the judg-
.ment within the same time, and it shall have the same effect as a lien, 
and shall be executed and returned in the same manner, as if issued on 
any other judgment. 
§ 16-1316. Time for surrender of possession under declaration of 
taking; adjustment of charges 
Upon the filing of the declaration of taking provided for by 16-1314-, 
the court may fix the time within which and the terms upon which the 
parties in possession shall be required to surrender possession to the 
plaintiffs. The court may make such orders in respect of incmn-
brances, liens, rents, taxes, assessments, insurance, and other charges, 
if any, as it deems just and equitable. 
§ 16-1317. Objections to jurors; appraisement 
The court, before accepting the jury in a condemnation proceeding 
pursuant to this subchapter, shall hear any objections that may be made 
to any member thereof, and may pass upon any objection, and may 
excuse any juror or cause any vacancy in the jury, when empaneled, 
to be filled. After the jury is organized and have viewed and 
examined the land and premises affected by the condenmation proceed-
ing, they shall proceed, in the presence of the court, to hear and 
receive any evidence offered or submitted on behalf of the District of 
Columbia and by any person having an interest in the proceeding. 
When the hearing is concluded, the jury, or a majority of them, shall 
return to the court, in writing, their appraisement of the value of the 
interests of all persons, respectively, in the real property, where the 
appraisement shall be recorded. In making their decision, the jury 
shall take into consideration, when a part only is taken, the benefit 
to the remainder of the tract, and shall give their appraisement 
accordingly. 
§ 16-1318. Objections or exceptions to appraisement; new jury 
(a) Objections or exceptions to an appraisement of the jury pursu-
ant to section 16-1317 may be filed within twenty days after the return 
of the appraisement to the court. The court shall hear and determine 
any objections or exceptions so filed, and may vacate and set aside 
the appraisement, in whole or in part, when satisfied that it is unjust 
or unreasonable. If the appraisement is vacated and set aside, the 
court shall order the jury conmiission to draw from the special box the 
names of as many persons as the court directs, and, from among the 
persons so drawn, shall thereupon appoint a new jury of five capable 
and disinterested persons, who shall proceed as in the case of the first 
jury. The appraisement of the new jury shall be final when con-
firmed by the court. 
(b) When an appraisement is vacated in part, the residue thereof as 
to the property condemned is not affected thereby. 
§ 16-1319. Payment of award; transfer of title 
If the appraisement of the jury pursuant to section 16-1317 is not 
objected to by the parties interested, it shall be confirmed by the court, 
or, if the appraisement of the new jury is confirmed by the court, the 
Board of Commissioners shall pay the amount awarded by the jury 
out of the appropriation made therefor or deposit it in the manner 
Stat. 582. 
as directed by section 7-215, and thereupon the title to the property 
condemned shall vest in the District of Columbia. 
77 STAT. ] 
PUBLIC LAW 88-241-DEC. 23, 1963 
575 
§ 16-1320. Fixing time for return of yerdict 
In every case involving the condemnation of real property under this 
subchapter, at the close of the hearing thereof, the court shall fix a 
time in which the jury shall return its verdict or the report to the court 
the reasons why the verdict or appraisement can not be returned by 
the time fixed. 
The court has discretion to extend the time for the 
return of the verdict or appraisement. 
§16-1321. Abandonment of proceedings; liability 
In a condemnation proceeding pursuant to this subchapter, it is 
optional with the Board of Commissioners to abide by the verdict 
of the jury and occupy the property appraised by them, or, within a 
reasonable time to be fixed by the court in its order confirming the 
verdict, to abandon the proceeding. 
If the proceeding is abandoned, 
the court shall award to the owner or owners of the property involved 
therein such sum or sums as will in the opinion of the court reimburse 
the owner or owners for all reasonable costs and expenses, including 
reasonable counsel fees, incurred by him or them in the proceeding. 
The sum or sums so awarded constitute a judgment or judgments 
against the District of Columbia. 
An owner is not entitled to the 
reimbursement in any case where the proceeding is abandoned at the 
request, or with the consent, of the owner of the property. 
Subchapter III—Excess Property for Development of Seat ot 
Government 
§ 16-1331. Acquisition of property in excess of needs 
In order to promote the orderly and proper development of the 
seat of government of the United States, the Board of Commission-
ers of the District of Columbia, and agencies of the United States au-
thorized by law to acquire real property, may acquire, in the public 
interest, by gift, dedication, exchange, purchase, or condemnation, fee 
simple title to land, or riglits in or on land or easements or restric-
tions therein, within the District, for public uses, works, and improve-
ments authorized by Congress, in excess of that actually needed for 
and essential to their usefulness, in order to preserve the view, appear-
ance, light, and air and to enhance their usefulness to prevent the use 
of private property adjacent to them in such a manner as to impair 
the public benefit derived from the construction thereof, or to prevent 
inequities or hardship to the owners of adjacent private property by 
depriving them of the beneficial use of their property. 
§ 16-1332. Sale of excess property; restrictions on use; fair mar-
ket value; disposition of moneys 
(a) The Board of Commissioners of the District of Columbia and 
agencies of the United States authorized by law to acquire real prop-
erty may, upon completion of public improvements: 
(1) subdivide, and sell, at public or private sale, or ex-
change, any excess real property acquired pursuant to this 
subchapter; and 
(2) to carry out such purposes, convey any property ac-
quired in excess of that actually needed and which is not 
essential to the usefulness of the public works— 
with such reservations concerning the future use and occupation of 
the property as, in their discretion, may be necessary to protect the 
public improvements. 
(b) Property sold under this section shall be sold at not less than 
the fair market value at the time sold, as determined by appraise-
ment of the assessor of the District of Columbia. 
576 
PUBLIC LAW 88-241-DEC. 23, 1963 
[77 STAT. 
(c) Moneys received from sales or transfers of properties pursuant 
to this subchapter shall be covered into the Treasury of the United 
States, and where the property sold was acquired under an appropri-
ation authorized for the use of the District of Columbia, moneys 
received from the sale shall be deposited in the Treasury to the credit 
of the revenues of the District of Columbia. 
§ 16-1333. Notice of sale of excess property 
When excess real property is to be sold pursuant to section 16-1332, 
notice of not less than twenty days before the sale shall be published 
in a daily newspaper published in the District of Columbia, and notice 
shall be sent before the sale, by registered mail or by certified mail, to 
the last-known address of the persons listed on the records of the 
assessor of the District as the owners of the property abutting on the 
property to be sold. 
§ 16-1334. Retention, for public use, of excess property 
When the authorities of the District of Columbia or the United 
States having jurisdiction of real property, rights, or easements 
acquired pursuant to this subchapter, elect to retain any of them for 
the use of the District or the United States, they may use the property, 
rights or easements for park, playground, highway, or alley purposes, 
or for any other lawful purpose that they deem advantageous or in 
the public interest. 
§ 16-1335. Availability of appropriations for purchase of excess 
property 
When real property is purchased pursuant to this subchapter in ex-
cess of that needed for a particular project or improvement, appro-
priations available for the payment of the purchase price, costs, and 
expenses incident to the project or improvement may be used in the 
payment of the purchase price, costs, and expenses of excess real 
property purchased in connection with the project or improvement, 
as provided by this subchapter. 
§16-1336. Condemnation of excess real property by Board of 
Commissioners; payment of awards, damages, and 
costs; no assessments for benefits 
(a) When, pursuant to this subchapter, excess real property is con-
demned by the Board of Commissioner, the condemnation proceed-
ings for the acquisition of the property shall be in accordance with 
34 Stat 151- 
subchapter I of this chapter, sections 7-202 to 7-212, 7-213a, 7-214, 
65 Stat. 126;' 
7-215, or scctlous 7-301 to 7-505, 7-313 to 7-518, 7-520, 7-^21 and 
33 Stat. 733. 
7 - 3 2 3 . 
(b) Appropriations available for the payment of awards, damages, 
and condemnation proceedings pursuant to subchapter I of this chap-
ter may be used in the payment of awards, damages, and costs in con-
demnation proceedings under the sections referred to by subsection 
(a) of this section for the acquisition of excess real property, as pro-
vided by this subchapter. 
(c) Appropriations available for the payment of awards, damages, 
and costs in condemnation proceedings pursuant to subchapter I of 
this chapter or sections 7-301 to 7-305, 7-313 to 7-318, 7-320, 7-321 
and 7-323 may be used in the payment of awards, damages, and costs 
in condemnation proceedings thereunder for the acquisition of excess 
real property as provided by this subchapter. 
(d) In all cases where excess real property is condemned, assess-
ments for benefits may not be levied by the jury in respect to the acqui-
sition of the property. 
77 STAT. ] 
PUBLIC L
A
W 88-241-DEC. 23, 1963 
577 
§ 16-1337. Condemnation of excess real property by United States 
agencies; payment of awards, damages, and costs 
When excess real property is condemned by agencies of the United 
States, other than the Board of Commissioners of the District of 
Columbia, as provided by this subchapter, the condemnation pro-
ceedings for the acquisition of the property shall be in accordance with 
subchapter IV of this chapter, or any laws in effect at the time 
of the commencement of condemnation proceedings for the a(3quisition 
of real property in the District of Columbia for the use of the United 
States. 
Appropriations available for the condemnation of property pur-
suant to subchapter IV of this chapter may be used in the payment of 
awards, damages, and costs in condemnation proceedings pursuant to 
that subchapter for the acquisition of excess real property as provided 
by this subchapter. 
§ 16-1338. Construction of subchapter 
This subchapter does not repeal anj provisions of existing law per-
taining to the condemnation or acqmsition of streets, alleys, or land, 
or the law or laws relating to the subdividing of lands in the District 
of Columbia. 
Subchapter IV—Real Property for United States 
§16-1351. Definition 
As used in this subchapter, "acquiring authority" means the head 
of an executive department or agency of the United States, or other 
officer of the United States, or board or commission of the United 
States, authorized by law to acquire real property in the District of 
Columbia for the construction of public building or work, or for parks, 
parkways, public playgrounds, or other public purpose. 
§ 16-1352. Condemnation proceedings by Attorney General 
When, for the purposes specified by section 16-1351, it is deemed 
necessary or advantageous to do so, the acquiring authority may 
acquire real property in the District of Columbia in the name of the 
United States by condemnation under judicial process. The Attorney 
General of the United States, upon the request of the acquiring author-
ity, shall institute a proceeding for the condemnation of the property 
in the United States District Court for the District of Columbia. 
§16-1353. Declaration of taking; contents; deposit; transfer of 
title; determination; interest 
(a) In an action pursuant to this subchapter, the plaintiff may file in 
the cause, with the complaint or at any time before judgment, a decla-
ration of taking signed by the acquiring authority empowered by law 
to acquire the property described in the complaint, declaring that the 
property is thereby taken for the use of the United States. The 
declaration of taking shall contain or have annexed thereto) a— 
(1) statement of the authority under which and the public 
use for which the lands are taken; 
(2) description of the lands taken sufficient for the identi-
fication thereof; 
(3) statement of the estate or interest in the lands taken 
for public use; 
(4) plan showing the lands taken; and 
(5) statement of the sum of money estimated by the 
acquiring authority to be just compensation for the property 
taken. 
93-025 0-64-39 
578 
PUBLIC L
A
W 88-241-DEC. 23, 1963 
[77 STAT. 
Upon the filing of the declaration of taking and of the deposit in 
the registry of the court, to the use of the persons entitled thereto, 
of the amount of the estimated compensation stated in the declara-
tion, title to the property in fee simple absolute, or such less estate 
or interest therein as is specified in the declaration, vests in the 
United States of America, and the property shall be deemed to be 
condemned and taken for the use of the United States, and the right 
to just compensation therefor vests in the persons entitled thereto. 
The compensation shall be ascertained and awarded in the proceedings 
and established by judgment therein, and the judgment shall 
include, as part of the just compensation awarded, interest at the 
rate of 6 per centum per annum on the amount finally awarded as tiie 
value of the property as of the date of taking, from that date to the 
date of payment. Interest may not be allowed on as much thereof 
as has been paid into the registry. A sum so paid into the registry 
may not be charged with commissions or poundage. 
§16-1354. Distribution of money deposited on declaration of 
taking; judgment for deficiency 
After the filing of the declaration of taking, and the deposit of the 
money in the registry of the court, as provided for by section 16-1353, 
the court, upon the application of the parties in interest, may order 
that the money so deposited, or any part thereof, be paid forthwith 
for or on account of the just compensation to be awarded in the pro-
ceeding. Upon the final award of compensation, the court shall enter 
i'udgment for the amount of any deficiency in the manner provided 
•y rule 71A(j) of the Federal Rules of Civil Procedure. 
§ 16-1355. Time for surrender of possession under declaration of 
taking; adjustment of charges 
Upon the filing of a declaration of taking provided for by section 
16-1353, the court may fix the time within which and the terms upon 
which the parties in possession shall be required to surrender posses-
sion to the plaintiff. The court may make such orders in respect of 
encumbrances, liens, rents, taxes, assessments, insurance, and other 
charges, if any, as it deems just and equitable. 
§ 16-1356. Setting date for trial 
In a proceeding pursuant to this subchapter, after all defendants 
have been served with notice, and there has been return of service, as 
provided by rule 71A (d) of the Federal Rules of Civil Procedure, and 
after defendants have appeared or answered in the manner provided 
by rule 71A (e) thereof, either personally or by their guardians ad 
litem or other legal representatives, or are in default, the case shall 
be regarded as ready for trial, and, upon the application of any party 
to the proceeding, the court shall forthwith set an early date to be 
fixed by it, not less than ten nor more than twenty days from the 
date of the application, for the trial of the issues of law and fact raised 
in the case, and the ascertainment of the compensation or damages to 
be awarded for the taking of the property to be condemned. 
§ 16-1357. Drawing of jurors, and selection of jury; qualifications 
When the date for trial has been set, as provided by section 16-1356, 
the court shall thereupon order the jury commission to draw from the 
special box provided for by law the names of as many persons, not 
less than twenty, as the court directs, and to certify the names to 
the clerk of the United States District Court for the District of Colum-
bia as a panel of prospective jurors. The persons so certified shall be 
thereupon summoned by the United States marshal for the District 
of Columbia to appear m the court on the day specially fixed for the 
trial of the cause. Before selecting or impaneling the ]ury, the court 
77 STAT. ] 
PUBLIC L
A
W 88-241-DEC. 23, 1963 
579 
may cause a second, third, or other further list of prospective jurors 
to be drawn, certified and summoned in like manner. From the per-
sons so certified and summoned, the court, after examination on oath 
and in open court as to their qualifications, shall select and impanel 
a jury of five capable and disinterested persons who have the qualifica- ' 
tions of jurors as prescribed by law for the courts of the District of 
Columbia, and in addition thereto are real property owners in the 
District and are not in the service or employment of the United States 
or of the District of Columbia. 
§ 16-1358. Oath of jurors 
The jurors selected and impaneled, as provided by section 16-1357, 
shall take an oath or affirmation, administered by the court, that thev: 
(1) are not interested in any manner in the property to be 
condemned; 
(2) are not, to their knowledge, related to any person inter-
ested in the property; and 
(3) will, impartially and to the best of their judgment, 
ascertain, appraise, and award just compensation for the 
property to be condemned and taken in the proceeding. 
§16-1359. Inspection of property by jury; presence of parties 
After being selected, impaneled, and sworn, as provided by sections 
16-1357 and 16-1358, and before hearing the evidence, the jury, in 
order to inspect the property to be acquired, shall be taken upon the 
property by the United States marshal at a time fixed by the court. 
All parties in interest, their attorneys, and representatives have the 
right to be present at the inspection. 
§ 16-1360. Trial; evidence; measure of compensation 
After the inspection provided for by section 16-1359, and the jury 
has returned to the court, the trial of tne cause shall be proceeded with 
before the court and jury. Any person who has appeared in the 
cause claiming any right, title, interest, or estate in the land to be 
taken, or compensation on account of its taking, has the right to 
submit evidence concerning the vaJue of the property, parcel by 
parcel, the nature and extent of his right, interest, or estate therein, 
and the compensation justly due for the taking of the property. A 
new structure or substantial alteration of a permanent nature, the 
purpose or natural effect of which is to enhance the value of the prop-
erty to be taken, erected, or made thereon after the institution of the 
condenmation proceedings may not be taken into consideration in 
assessing and awarding compensation for the property. When the 
property to be valued has been taken by virtue of a declaration of 
taking, as provided by section 16-1353, it shall be valued for the pur-
poses of compensation as of the date of the taking. When, by act of 
the owner or other party claiming to be entitled to compensation, the 
value of the property for the use for which it is to be taken has been 
diminished, as by cutting trees, excavating, grading, or otherwise 
altering its physical condition, allowance, if the plaintiff so elects, 
shall be made in accessing compensation for the diminution in value. 
§ 16-1361. Verdict 
At the close of the evidence in a proceeding pursuant to this subchap-
ter, the court shall charge the jury and furnish them with a written 
form to be used in returning their verdict. The members of the jury 
may separate when not en^ged in the consideration of their verdict. 
When the jury, or a majority thereof, have agreed upon their verdict 
they shall, through their foreman, so notify the court, which shall 
thereupon pass an order setting a day for the return of the verdict in 
open court. The verdict shall oe in writing subscribed by the jurors 
concurring therein, and shall set forth, parcel by parcel, the compen-
sation to be paid for the taking of the lands to be condemned. 
580 
PUBLIC LAW 88-241-DEC. 23, 1963 
[77 STAT. 
§ 16-1362. Fixing date for new trial; new jurors 
If a verdict rendered pursuant to section 16-1361, or any award con-
tained therein, is set aside or vacated, the court shall— 
(1) grant a new trial with respect to the property as to 
which the verdict or award is set aside or vacated; 
(2) fix a date for the new trial; and 
(3) order a new panel of prospective jurors to be drawn, 
certified, or summoned as provided by section 16-1357. 
The court shall tlien proceed with the cause as if a verdict or award 
had not been rendered. 
§ 16-1363. Judgment 
Judgment upon a verdict returned pursuant to section 16-1361 or 
any award contained therein shall be entered against the United 
States in favor of the parties entitled for the sums awarded as just com-
pensation, respectively, for the property condemned for the use of 
the United States. 
§ 16-1364. Force and effect of judgment; payment 
A final judgment rendered against the United States pursuant to this 
subchapter has like force and effect as a money judgment rendered 
against the United States by the Court of Claims in a suit in respect 
of which the United States has expresslj^ consented to be sued. The 
amount of the final judgment shall be paid out of any specific appro-
priation applicable to the case. If a specific appropriation does not 
exist, the judgment shall be paid in the same manner (except with 
respect to interest) as judgments rendered by the Court of Claims in 
cases under its general jurisdiction. 
§16-1365. Appeal; deficiency judgment 
A party aggrieved by a final judgment in a proceeding pursuant to 
this subchapter may appeal therefrom to the United States Court of 
Appeals for the District of Columbia Circuit. The appeal, or any bond 
or undertaking given therein, does not operate to prevent or delay the 
vesting of title to the property in the United States, but upon the filing 
of a declaration of taking, or, if a declaration of taking is not filed, 
upon payment to the party entitled, or deposit in the registry of the 
court, of the amount awarded by the judgment, title vests in 
the United States, saving to all parties their right to just compensa-
tion. 
If the compensation finally awarded and adjudged for the 
property exceeds the amount awarded and adjudged by the judgment 
appealed from, the court shall enter judgment for the deficiency 
with interest as provided by this subchapter. 
§ 16-1366. Payment of compensation into court; vesting of title 
Payment into the registry of the court for the use of the parties 
entitled of the sum adjudged to be just compensation for the property 
to be condemned and taken, or for any parcel thereof, or any interest 
therein, pursuant to this subchapter, constitutes payment of the com-
pensation. 
Upon the payment, the plaintiff is entitled to an order 
declaring that the title to the property in respect of which the com-
pensation is so paid is vested in the United States of America. 
The 
money so paid into the registry of the court shall be deemed to be 
vested in the persons owning or interested in the property, accord-
ing to their respective estates and interest, and the money shall take 
the place and stand in lieu of the property condemned. The court, 
upon the application of the plaintiff or of any party in interest, may 
determine and direct who is entitled to receive payment of the money 
so paid into the registry, and, in its discretion, order a reference to the 
auditor of the court or a special master to ascertain the facts on which 
the determination and direction are to be made. 
77 STAT. ] 
PUBLIC LAW 88-241-DEC. 23, 1963 
581 
§ 16-1367. Delivery of possession 
Where possession has not been awarded pursuant to a declaration 
of taking, and the adjudged compensation has been paid into the 
registry as directed by the judgment of the court and a certified copy 
of the judgment, with a certiiicate of the clerk of the court showing 
the payment, has been served upon the person in possession of the 
property, he shall, upon demand, deliver possession thereof to the 
plaintiff. 
If possession is not delivered when so demanded, the 
plaintiff may apply to the court without notice, unless the court re-
quires notice to be given, for a writ of assistance, and the court, 
upon proof of the service of the copy of the final order or judgment 
and certificate of the clerk showing payment as referred to in this 
section, shall thereupon cause the writ to be issued, which shall be 
executed in the same manner as when issued in other cases for the 
delivery of possession of real property. 
§ 16-1368. Additional powers of court 
Wliere the mode or manner*of conducting a proceeding pursuant 
to this subchapter is not expressly provided for by law or rules of court 
in force under authority of law,- the court may make all necessary 
orders and give all necessary directions to carry into effect the object 
and intent of this subchapter or any other laws conferring authority 
to acquire real property for the use of the United States. 
CHAPTER 15—FORCIBLE 
ENTRY 
AND 
DETAINER 
Sec 
16-1501. Definition; summons. 
16-1502. Service of summons. 
16-1503. Judgment and execution for possession. 
16-1504. Certification to District Ck>urt upon plea of title; undertaking. 
16-1505. Ck)nclusiyeness of judgment. 
§16-1501. Definition; summons 
When a person detains possession of real property without right, 
or after his right to possession has ceased, the District of Columbia 
Court of General Sessions, on complaint under oath verified by the 
person aggrieved by the detention, or by his agent or attorney having 
knowledge of the facts, may issue a summons to the party complained 
of to appear and show cause why judgment should not be given against 
him for the restitution of possession. 
§ 16-1502. Service of summons 
The summons provided for by section 16-1501 shall be served seven 
days, exclusive of Sundays and legal holidays, before the day fixed 
for the trial of the action. If the defendant has left the District of 
Columbia, or cannot be found, the summons may be served by deliv-
ering a copy thereof to the t«nant, or by leaving a copy with some 
person above the age of sixteen years residing on or in posvsession of 
the premises sought to be recovered, and if no one is in actual pos-
session of the premises, or residing thereon, by posting a copy of the 
sunmions on the premises where it may be conveniently read. 
§ 16-1503. Judgment and execution for possession 
When, upon a trial in a proceeding pursuant to this chapter, it 
appears that the plaintiff is entitled to the possession of the premises, 
judjcrment and execution for the possession shall be awarded in his 
favor, with costs; and if the plaintiff becomes nonsuit or fails to prove 
his ri^ht to the possession, the defendant shall have judgment and 
execution for his costs. 
582 
PUBLIC L
A
W 88-241-DEC. 23, 1963 
[77 STAT. 
§16-1504. Certification to District Court upon plea of title; 
undertaking 
When, upon a trial in a proceeding pursuant to this chapter, the 
defendant pleads title to the premises, in himself or in another under 
whom he claims, setting forth the nature of the title, under oath, and 
enters into an undertaking, with sufficient surety, to be approved by the 
court, to pay all intervening damages and costs and reasonable inter-
vening rent for the premises, the court shall certify the proceedings 
to the United States District Court for the District of Columbia, and 
the proceeding shall be further continued in the District Court accord-
ing to its rules. 
§ 16-1505. Conclusiveness of judgment 
A judgment of the District of Columbia Court of General Sessions 
in a proceeding pursuant to this chapter is not a bar to any after-
action brought Dy either party, and does not conclude any question of 
title between them, where title is not pleaded by the defendants. 
CHAPTER 
17—GAMING 
TRANSACTIONS 
Sec 
16-1701. Inyalidlty of gaming contracts. 
16-1702. Recovery of losses at gaming. 
16-1703. Relief from further penalty upon discovery and repayment of losses. 
16-1704. Cheating at gambUng. 
§ 16-1701. Invalidity of gaming contracts 
(a) A thing in action, judgment, mortgage, or other security or con-
veyance made and executed by a person in which any part of the con-
sideration is for money or other valuable thing won by playing at any 
game whatsoever, or by betting on the sides or hands of persons who 
play, or for the reimbursement or payment of any money knowingly 
lent or advanced for the purpose, or lent or advanced at the time and 
place of the play or bet, to a person so playing or betting or who, 
during the play, so plays or bets, is void except as provided by subsec-
tion (b) of this section. 
(b) If the mortgage, security, or other conveyance affects real prop-
erty, it shall inure to the sole benefit of, and devolve upon, the persons 
who might have, or be entitled to, the property, as if the person who 
executed the instrument had died immediately after its execution, or as 
if the instrument had been made to the persons so entitled after the 
death of the person who executed it. A grant or conveyance made for 
the purpose of preventing the real property from coming to, or de-
volving upon, the persons intended by this section to enjoy the prop-
erty as herein provided is fraudulent and void. 
(c) This section does not affect the validity of negotiable instru-
ments embraced by chapters 1 to 10 of Title 28. 
§ 16-1702. Recovery of losses at gaming 
A person who, at any time or sitting, by playing at cards, dice or 
any other game, or by betting on the sides or hands of persons who 
play, loses to a person so playing or betting, a sum of money, or other 
valuable thing, amounting to $25 or more, and pays or delivers the 
money or thing, or any part thereof, may, within three months after 
the payment or delivery, sue for and recover the money, goods or other 
valuable thing, so lost and paid or delivered, or any part thereof, or 
the full value thereof, by a civil action, from the winner thereof, with 
costs. If the person who loses the money or other thing, does not, 
within three months actually and bona fide, and without collusion, 
sue, and with effect prosecute, therefor, any person may sue for, and 
reoover treble the value of the money, goods, chattels and other things, 
with costs of suit, by a civil action against the winner, one-half to the 
use of the plaintiff, the remainder to the use of the District of 
Columbia. 
77 STAT. ] 
PUBLIC LAW 88-241-DEC. 23, 1963 
583 
§ 16-1703. Relief from further penalty upon discovery and repay-
ment of losses 
Upon the discovery and repayment of the money or other thing to 
be discovered and repaid as provided by section 16-1702, the person 
who so discovers and repays shall be acquitted, indemnified, and dis-
charged from any further or other punishment, forfeituie, or pen-
alty, that he may have incurred by the playing for, or winning, the 
money or other thing so discovered and repaid. 
§ 16-1704. Cheating at gambling 
Whoever, at any one time or sitting, by fraud or false pretense, 
while playing at any game, or while having a share in a wager played 
for, or while betting on the sides or hands of persons who play, wins, 
or acquires to himself or to any other person, above the sum or value 
of $25, shall, upon conviction of the offense, forfeit five times the 
value of the sum of money or other thing so won, and shall be deemed 
infamous. 
The penalty prescribed by this section may be recovered in a civil 
action by the persons specified by, and in the manner provided by. 
section 16-1702. 
CHAPTER 
19—HABEAS 
CORPUS 
See. 
16-1901. Petition to District Court; issuance of writ. 
16-1902. Service of writ; return. 
16-1903. Suspected evasion or disobedience of writ; procedure. 
16-1904. Forfeiture and penalty for failure to produce. 
16-1905. Right to copy of commitment: forfeiture. 
16-1906. Inquiry into cause of detention; bail; bond. 
16-1907. Traversing return; pleading; witnesses. 
lft-1908. Right of other persons to writ. 
16-1909. Construction of chapter. 
§ 16-1901. Petition to District Court; issuance of writ 
A person committed, detained, confmed, or restrained from his law-
ful liberty within the District, under any color or pretense whatever, 
or a person in his behalf, may apply by petition to the United States 
District Court for the District of Columbia, or a judge thereof, 
for a writ of habeas corpus, to the end that the cause of the commit-
ment, detainer, confinement, or restraint may be inquired into. The 
court or the judge applied to, if the facts set forth in the petition 
make a prima facie case, shall forthwith grant the writ, directed to 
the officer or other person in whose custody or keeping the party 
so detained is, returnable forthwith before the court or judge. 
§ 16-1902. Service of writ; return 
A writ of habeas corpus issued pursuant to this chapter shall be 
served by delivering it to the officer or other person to whom it is 
directed, ox. by leaving it at the prison or place at which the party 
suin^ it out is detained. The officer or other person shall forthwith, 
or within such reasonable time as the court or judge directs: 
(1) make return of the writ and cause the person detained 
to be brought before the court or judge, according to the 
command of the writ; and 
(2) certify the true cause of his detainer or imprisonment, 
if any, and under what color or pretense he is confined or 
restrained of his liberty. 
§ 16-1903. Suspected evasion or disobedience of writ: procedure 
On an application for a writ of habeas corpus, if probable cause 
is shown for believing that the person charged with confining or 
584 
PUBLIC L
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W 88-241-DEC. 23, 1963 
[77 STAT. 
detaining the person applying therefor, or on whose behalf the appli-
cation is made: 
(1) is about to remove the person so detained from the 
place where he is then detained, for the purpose of evading 
a writ of habeas corpus, or for other purposes; or 
(2) he would evade or not obey a writ of habeas corpus— 
the court or ]udge shall insert in the writ a clause commanding the 
United States marshal to serve the writ on the person to whom it is 
directed and cause him immediately to appear before the court or 
judge, together with the person so confined or detained. Thereupon, 
the marshal shall immediately carry those persons before the court 
or judge, and the court or judge shall proceed to inquire into the 
matter. 
§ 16-1904. Forfeiture and penalty for failure to produce 
If an officer or other person to whom a writ of habeas corpus is di-
rected neglects or refuses to: 
(1) make return of the writ; or 
(2 V bring the body of the person detained— 
according to the command of the writ, he shall forfeit to the person 
detained the sum of $500, and be liable to attachment and punishment 
as for a contempt. 
§ 16-1905. Right to copy of commitment; forfeiture 
A person committed or detained, or a person in his behalf, may 
demand a true copy of the warrant of commitment or detainer. An 
officer or other person detaining a person, who refuses or neglects to 
deliver to him or to a person in his behalf a true copy of the warrant 
of commitment or detainer, if one exists,, within six hours after the 
demand, shall forfeit to the party so detained the sum of $500. 
§ 16-1906. Inquiry into cause of detention; bail; bond 
On the return of a writ of habeas corpus issued pursuant to this 
chapter and the production of the person detained, the court or judge 
shall immediately inquire into the legality and propriety of the con-
finement or detention. If it appears that the person is detained with-
out legal warrant or authority, the court or judge shall immediately 
release or discharge him. If the court or judge deems his detention to 
be lawful and proper, the court or judge shall remand him to the 
same custody, or, in a proper case, admit him to bail, if he is confined 
on a charge of having committed a bailable criminal offense. If he is 
bailed, the court or judge shall require a sufficient bond or recog-
nizance to answer in the proper court, and transmit it to that court. 
§ 16-1907. Traversing return; pleading; witnesses 
A person at whose instance or in whose behalf a writ of habeas 
corpus has been issued may traverse the return thereto, or plead any 
matters showing that there is not a sufficient legal cause for his con-
finement or detention. The court or judge may issue process for 
witnesses or for the production of papers, which shall be served and 
enforced in like manner as similar process issued in a cause pending 
in the court, if the court or judge is satisfied as to the materiality of 
the testimony proposed to be adduced. 
§ 16-1908. Right of other persons to writ 
A person entitled to the custody of another person, unlawfully con-
fined or detained by a third person, as a parent, guardian, committee, 
or husband, entitled to the custody of a minor child, ward, lunatic, or 
wife, upon application to the court or a judge as provided by this 
chapter, and showing just cause therefor, imder oath, is entitled 
to a writ of habeas corpus, directed to the person confining or detain-
ing, requiring him forthwith to appear and produce before the court 
77 STAT. ] 
PUBLIC L
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585 
or judge the person so detained, and the same proceedings shall be had 
in relation thereto as provided for by this chapter. The court or 
judge, upon hearing the proofs, shall determine which of the contest-
ing parties is entitled to the custody of the person so detained, and 
commit the custody of the person to the party legally entitled thereto. 
§ 16-1909. Construction of chapter 
This chapter does not affect any provision of chapter 153 of Title 
28, United States Code. 
62 stat. 964. 
28 u s e 2241-
CHAPTER 21—JOINT CONTRACTS 
2255. 
See. 
16-2101. Definition of Joint and several contracts. 
16-2102. Death of party to the contract. 
16-2103. Extinguishment or merger of cause of action. 
16-2104. Death after action brought; legal representatives. 
16-2105. Proof of joint liability unnecessary; judgment. 
16-2106. Separate composition or compromise. 
§ 16-2101. Definition of joint and several contracts 
For the purposes of action thereon, a contract or obligatipn entered 
into by two or more persons, whether: 
(1) the persons are partners or joint contractors; 
(2) the contract is under seal or not; 
(3) it is written or verbal; or 
(4) it is expressed to be joint and several or not— 
is deemed to be joint and several. 
§ 16-2102. Death of party to the contract 
If a person specified by section 16-2101 dies, his executors, ad-
ministrators, or heirs are bound by the contract in the same manner 
and to the same extent as if the contract or obligation were expressed 
to be joint and several. 
§ 16-2103. Extinguishment or merger of cause of action 
Where, with respect to a contract specified by section 16-2101, an 
action is brought against: 
(1) all the parties thereto, but service of process is had 
on some, only, of the defendants; or 
(2) some, only, of the parties thereto, and service of process 
is had on them only— 
a judgment against the parties so served does not work an extinguish-
ment or merger of the cause of action on which the judgment is founded 
as respects the parties not so served. They shall remain liable to be 
sued separately. 
§ 16-2104. Death after action brought; legal representatives 
When one of several defendants in an action dies after the com-
mencement of the action, his legal representatives may be made parties 
to the action as directed by chapter 1 of Title 12. 
§ 16-2105. Proof of joint liability unnecessary; judgment 
In actions ex contractu against alleged joint debtors it is not neces-
sary for the plaintiff to prove their joint liability as alleged in order 
to maintain his action. He is entitled to recover, as in actions ex 
delicto, against such of the defendants as are shown by the evidence 
to be jointly indebted to him, or against one only, if he alone is shown 
to be indebted to him, and judgment shall be rendered as if the others 
had not been joined in the action. 
§ 16-2106. Separate composition or compromise 
Any one of several joint debtors, when their debt is overdue, may 
make a separate composition or compromise with their creditors, with 
the same effect as is provided in the case of parties by chapter 2 of 
Title 41. 
31 Stat. 141.4. 
586 
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[77 STAT. 
CHAPTER 23—JUVENILE COURT PROCEEDINGS 
SUBCHAPTER I—JUVENILE DELINQUENCT PROCEEDINGS AND 
RELATED MATTERS 
Sec. 
16-2301. Definitions. 
16-2302, Information regarding child; investigation; petition; contents. 
16-2303. Summons; notice; custody of cliiid. 
16-2304. Service of summons; time of hearing. 
16-2305. Failure to obey summons; contempt; warrant. 
16-2306. Taking child into custody; release to custody of parent, guardian, 
custodian, or probation oflScer; limitation or detention. 
16-2307. Hearing; exclusion of public; jury trial. 
16-2308. Determination and order of Court. 
16-2309. Modification or revocation of order; petition; return of child, or other 
action. 
16-2310. Appointment of guardian; custody as between parents. 
16-2311. Protection of religious affiliations. 
16-2312. Physical and mental examinations of children. 
16-2313. Place of detention of children. 
16-2314. Applicability to adult cases; offenses and penalties; Jury trial. 
16-2315. Finality of judgments. 
16-2316. Construction and purpose. 
SUBCHAPTER II—PATERNITY PROCEEDINGS 
16-2341. Definitions. 
16-2342. Party plaintiff; information. 
16-2343. Time of briugtug complaint. 
16-2344. Commencement of proceeding; complaint. 
16-2345. Apprehension of accused. 
16-2346. Bond; commitment; right to Jury triaL 
16-2347. Blood tests. 
16-2348. Exclusion of public. 
16-2349. Judgment. 
16-2350. Support payments. 
16-2351. Voluntary agreement for support; approval; order of court; exclusion 
of other remedies. 
16-2352, Death of defendant; liability of estate. 
16-2353. New birth record upon marriage of natural parents. 
16-2354, Reports to Director of Public Health. 
16-2355, ApFilicahiiity of sections relating to desertion or nonsupport. 
16-2356. Construction. 
SUBCHAPTER III—MISCELLANEOUS PROVISIONS 
16-2381. Payments for support and maintenance imder section 22-903 to 22-906; 
voluntary payments; disbursement. 
16-2382. Jury. 
16-2383, Suspension of imposition or execution of sentence, 
16-2384, Fees prohibited. 
Subchapter I—Juvenile Delinquency Proceedings and Related 
Matters 
§ 1&-2301. Definitions 
As used in this subchapter: 
"adult" means a person 18 years of age or older; and 
"child" means a person under 18 years of age. 
§16-2302. Information regarding child; investigation; petition; 
contents 
When a person gives to the Director of Social Work of the Juvenile 
Court of the District of Columbia, or other ojficer of the court duly 
designated as his representative, information in his possession that a 
child is within the provisions of section 11-1551, a duly designated 
officer of the court shall make preliminary investigation to determine 
whether the interests of the public or of the child recfuire that further 
action be taken, and report his finding, together with a statement of 
the facts, to the Director of Social Work. When practicable, the in-
77 STAT. ] 
PUBLIC LAW 88-241-DEC. 23, 1963 
587 
quiry shall include a preliminary investigation of the home and 
environmental situation of the child, his previous history, and the 
circumstances that were the subject of the information. 
^Vhen the 
Director of Social Work Hnds that jurisdiction should be acquired, 
he shall, after consultation with and approval by the corporation 
counsel or his assistant assigned to the court, authorize a petition to 
be filed. "Wliere the Director fails so to find, the person giving infor-
mation to the Director may present the facts to the corporation counsel 
or his assistant, who, after investigation by an oflSicer of the court as 
herein provided, may authorize a petition to be filed. The proceedings 
shall be entitled, "In the matter of 
, a child under eighteen 
years of age." 
The petition shall be verified by the officer making the investiga-
tion, or other person having personal knowledge of the case, and shall 
allege briefly the facts which bring the child within the provisions 
of section 11-1551, and shall state the name, age, and residence of 
(1) the child; 
(2) his parents; 
(3) his legal guardian, if there be one; 
(4) the person or persons having custody or control of the 
child; and 
(5) the nearest known relative, if no parent or guardian 
can be found. 
When any of the facts herein required are not known by the petitioner 
the petition shall so state. 
§16-2303. Summons; notice; custody of child 
After a petition has been filed pursuant to section 16-2302, unless the 
parties hereinafter named voluntarily appear, the court shall issue 
a summons reciting briefly the substance of the petition, and requir-
ing the person or persons who have custody or control of the child 
to appear personally and bring the child before the court at a time and 
place stated. Where the person so summoned is other than the parent 
or guardian of the child, the parent or guardian or both shall also be 
notified of the pendency of the case and of the time and place 
appointed, by personal service before the hearing, except as herein-
after provided. 
If the child is married, the other spouse shall also 
be so notified. 
Summons may be issued requiring the appearance of 
any other person whose presence is necessary. 
Where it appears that the child is in such condition or surroundings 
that his welfare requires that his custody be immediately assumed by 
the court, the court may cause to be endorsed upon the summons an 
order that the officer serving it shall at once take the child into custody. 
§ 16-2304. Service of summons; time of hearing 
Service of summons issued pursuant to section 16-2303 shall be 
made personally by the delivery of a true and attested copy to the 
E
erson summoned. 
Where reasonable but unsuccessful efforts have 
een made to make personal service of summons or notice and it ap-
pears that it is impracticable to do so, the court may order service of 
summons or notice by re^stered mail to the last-known address or by 
publication, or both, as it deems necessary. It is sufficient to confer 
jurisdiction if service is effected at any time before the date fixed 
in the summons for the return thereof, but, on request of the parent 
or guardian or person having custody of the child, the hearing on 
the petition may not take place until three days after service of the 
summons. ^ 
The United States marshal for the District of Columbia or his 
deputy shall execute the orders and processes of the Court in the same 
manner as he executes those of the United States District Court for 
588 
PUBLIC LAW 88-241-DEC. 23, 1963 
[77 STAT. 
the District of Columbia, and shall designate at least one of his deputies 
to serve at the court, where he shall perform such services as the judge 
requires. 
§ 16-2305. Failure to obey summons; contempt; warrant 
When a person summoned as provided by sections 16-2303 and 16-
2304, without reasonable cause, fails to appear, he may be proceeded 
against for contempt of court. When the summons can not be served, 
or the parties served fail to obey it, or the welfare of the child requires 
that he be brought forthwith into the custody of the court, a warrant 
may be issued against the parent or guardian or against the child 
himself. 
§ 16-2306. Taking child into custody; release to custody of parent, 
guardian, custodian, or probation officer; limitation 
on detention 
(a) When an officer takes a child into custody, he shall, unless it is 
impracticable or has been otherwise ordered by the court, accept the 
written promise of the parent, guardian, or custodian to bring the 
child to the court at the time fixed. Thereupon, the child may be 
released in the custody of a parent, guardian, or custodian. 
If not 
so released, the child shall be placed in the custody of a probation 
officer or other person designated by the court, or taken inimediately 
to the court or to a place of detention provided by the Board of Com-
missioners of the District of Columbia or its authorized representative, 
and the officer taking him shall immediately notify the court and 
shall file a petition when directed to do so by the court. 
(b) A child whose custody has been assumed by the court may, 
pending final disposition of the case, be released by the court in the 
custody of a parent, guardian, or custodian, or of a probation officer 
or other person appointed by the court, to be brought before the court 
at the time designated. WTien not released as herein provided, the 
child, pending the hearing of the case, shall be detained in a place of 
detention provided by the Board of Commissioners of the District of 
Columbia or its authorized representative, subject to further order 
of the court. 
(c) This subchapter does not forbid a peace officer, police officer, 
or probation officer from immediately taking into custody a child: 
(1) who is found violating a law or ordinance; or 
(2) who is reasonably beheved to be a fugitive from his 
parents or from justice; or 
(3) whose surroundings are such as to endanger his health, 
morals, or safety, unless immediate action is taken. 
In a case specified by this subsection, the officer taking the child 
into custody shall immediately report the fact to the court and the 
case shall then be proceeded with as provided by this subchapter and 
chapter 15 of Title 11. A child so taken into custody may not be held 
in a place of detention for a period longer than five days, excluding 
Sundays and holidays, unless the court orders him detained for a 
further period. 
§ 16-2307. Hearing; exclusion of public; jury trial 
The court may conduct a hearing pursuant to this subchapter in an 
informal manner, and may adjourn the^ hearing from time to time. 
The general public shall be excluded from the hearing and only such 
persons as have a direct interest in the case and their representatives 
may be admitted except that the judge presiding at the hearing, by 
rule of court or special order, may admit such other persons as he 
deems to have a legitimate interest in the case or the work of the 
court. Cases involving children may be heard separately and apart 
from the trial of cases against adults. The court shall hear and deter-
77 STAT. ] 
PUBLIC L
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589 
mine all cases of children without a jury unless a jury is demanded 
by the child, his parent, guardian, or the court. 
§ 16-2308. Determination and order of the Court 
(a) When the court finds that the child comes within the provisions 
of this subchapter and section 11-1551, it may by order duly entered: 
(1) place the child on probation or under supervision in 
his own home or in the custody of a relative or other fit per-
son, upon such terms as the court determines; 
(2) commit the child to the Bbard of Commissioners of 
the District of Columbia or its authorized representative; 
or to the National Training School for Boys if in need of 
such care as is given in the school; or to a qualified suitable 
private institution or agency willing and able to assume the 
education, care, and maintenance of the child without ex-
pense to the public; or 
(3) make such further disposition of the child as may be 
provided by law and as the court deems to be best for the 
best interests of the child. 
Paragraphs (1), (2), and (3) of this subsection do not authorize the 
removal of the child from the custody of his parents unless his welfare 
and the safety and protection of the public can not be adequately 
safeguarded without the removal. 
(b) In committing a child to custody other than that of its 
parent, the court may, after giving the parent a reasonable op-
portunity to be heard, adjudge that the parent shall pay in such 
manner as the court directs a sum that will cover in whole 
or in part the support of the child. If the parent willfully fails or 
refuses to pay the sum, he may be proceeded against as provided by 
law for cases of desertion or tailure to provide subsistence. 
(c) When the court commits a child to an institution or agency, 
it shall transmit with the order of commitment a summary of its in-
formation concerning the child. 
(d) An adjudication upon the status of a child in the jurisdiction 
of the court does not operate to impose any of the civil disabilities 
ordinarily imposed by conviction, and a child is not deemed a crimi-
nal by reason of an adjudication. An adjudication is not deemed 
a conviction of a crime, and a child may not be charged with or con-
victed of a crime in any court, except as provided by section 11-1553. 
The disposition made of a child, or evidence given in the court, is not 
admissible as evidence against the child in any case or proceeding 
in any other court, and the disposition, or evidence, or adjudication, 
does not operate to disqualify a child in any future civil-service exami-
nation, appointment, or application for public service under either the 
Government of the United States or of the District of Columbia. 
§ 16-2309. Modification or revocation of order; petition; return of 
child, or other action 
An order of commitment or probation made by the court in the 
case of a child may be modified or revoked by the court from time to 
time. 
A parent, guardian, or next friend of a child who has been commit-
ted by the court to the custody of an institution, agency, or person, 
may at any time file with the court a verified petition, making appli-
cation for modification or revocation of an order of commitment or 
probation, stating that the institution, agency, or person has denied 
application for the release of the child or has failed to act upon the 
application within a reasonable time. When the court is of the opinion 
that an investigation should be had, it may, upon due notice to all con-
cerned, proceed to hear and determine the question at issue. It may 
590 
PUBLIC LAW 88-241-DEC. 23, 1963 
[77 STAT. 
thereupon order that the child be restored to the custody of its par-
ent or guardian, or be retained in the custody of the institution, 
agency, or person; and may direct the institution, agency, or person 
to make such other arrangements for the child's care and welfare as 
the circumstances of the case require; or the court may make a further 
order or commitment. 
§ 16-2310. Appointment of guardian; custody as between parents 
When in the course of a proceeding instituted pursuant to this sub-
chapter it appears to the court that the welfare of a child will be 
promoted by the appointment of a relative or other suitable indi-
vidual as guardian of its person, when the child is not committed to an 
institution or to the custody of an incorporated society, the court has 
jurisdiction to make the appointment either upon the application of 
the child or some relative or next friend or upon the court's own mo-
tion. The court may issue an order to show cause, which shall be 
served upon the parent or parents or custodian of the child in such 
manner and for such time prior to the hearing as the court deems rea-
sonable. In a case arising pursuant to this subchapter, the court may 
also determine as between parents whether the father or the mother 
shall have the custody and control of the child. 
§ 16-2311. Protection of religious affiliations 
In placing a child under guardianship or custody other than that 
of its parent, the court, when practicable, shall select a person, or 
an institution or agency governed by persons, of like religious faith 
as that of the parents of the child, or in case of a difference in the 
religious faith of the parents, then of the religious faith of the child, 
or if the religious faith of the child is not ascertained, then of either 
of the parents. 
§ 16-2312. Physical and mental examinations of children 
The court may cause a child coming under its jurisdiction to be 
examined by a physician, psychiatrist, or psychologist appointed by it. 
§ 16-2313. Place of detention of children 
(a) Except as provided by subsection (b) of this section, a child may 
not be placed in or committed to any prison, jail, or lockup, or be taken 
into custody, detained, or transferred from place to place, where he 
may be brought in contact or communication with an adult convicted 
of crime or under arrest and charged with crime. 
(b) A child 16 years of age or older, whose habits or conduct are 
deemed such as to constitute a menace to other children, may, with the 
consent of a judge or Director of Social Work, be placed in a jail 
or other place of detention for adults, but in a room or ward separate 
from adults. 
(c) The Board of Commissioners of the District of Columbia or its 
authorized representative shall make adequate provision for the tem-
porary detention of children within its jurisdiction in a detention 
home or in boarding homes selected for the purpose. 
§ 16-2314. Applicability to adult cases; offenses and penalties; 
jury trial 
(a) All provisions of this subchapter relative to procedure in cases 
of children so far as practicable apply also to cases against adults 
arising under section 11-1551, 11-1554, 11-1555, or 11-1556, or any 
of the sections referred to in section 11-1557, with the consent of the 
defendant, or when not inconsistent with other provisions of law relat-
ing to the conduct of adult cases. Proceedings may be instituted upon 
complaint of an interested party or upon the court's own motion, and 
a reasonable opportunity to appear shall be afforded the respondent. 
77 STAT. ] 
PUBLIC LAW 88-241-DEC. 23, 1963 
591 
The court may issue a summons, a warrant of arrest, or other process 
in order to secure or to compel the attendance of a necessary person, 
(b) Whoever, by act or omission, willfully causes, encourages, or 
contributes to a condition which would bring a child within the pro-
visions of section 11-1551 or tends to cause such a condition, is guilty 
of a misdemeanor, and shall be fined not more than $200 or imprisoned 
not more than one year, or both. 
Upon the trial, the court may 
impose such sentence as the law provides, or may suspend sentence and 
place on probation, and by order impose upon the adult such duty as 
is deemed to be for the best interests of the child or other persons 
concerned. 
If an adult is charged with an offense for which he is 
entitled to a trial by jury, he shall be so tried unless he expressly 
waives his right to jury trial. 
§ 16-2315. Finality of judgments 
Except as provided bjr sections 11-741 (a) (3), 11-741 (b), 17-305 (a), 
17-306 and 17-307(a), in all cases tried before the court pursuant to 
this subchapter, the judgment of the court is final. 
§ 16-2316. Construction and purpose 
Sections 11-1551 to 11-1554, section 11-1583 (a)(1) and (a)(3), 
section 11-1584, section 11-1586 (a)-(d), and this subchapter shall be 
liberally construed so that, with respect to each child coming under 
the court's jurisdiction: 
(1) the child shall receive such care and guidance, prefer-
ably in his own home, as will serve his welfare and the best 
interests of the District; and 
(2) the child's family ties shall be conserved and streng-
thened whenever possible, and, except when his welfare or the 
safety and protection of the public can not be adequately 
safeguarded without his removal, he may not be removed 
from the custody of his parents; and 
(3) when the child is removed from his own family, the 
court shall secure for him custody, care, and discipline as 
nearly as possible equivalent to that which should have been 
given him by his parents. 
Subchapter II—Paternity Proceedings 
§16-2341. Definitions 
As used in this subchapter: 
•'Corporation Counsel" has the meaning prescribed by section 
11-1583 (b). 
"Director of Public Health" means the Board of Commissioners of 
the District of Columbia or the officer or agency designated by the 
Board to have jurisdiction of, control, direct, and supervise, matters 
relating to public health and vital statistics in the District; and 
"Metropolitan Police Department" means the Board of Commis-
sioners of the District of Columbia or the agency designated by the 
Board to serve as the law enforcement agency for the District. 
§16-2342. Party plaintiff; information 
Proceedings pursuant to section 11-1555 and this subchapter shall be 
instituted in the Juvenile Court of the District of Columbia in the 
name of the District of Columbia, and prosecution upon information 
shall be by the Corporation Counsel for the District of Columbia 
or his assistants. 
§ 16-2343. Time of bringing complaint 
Proceedings to establish paternity and provide for the support of 
a child born out of wedlock may be instituted after four months of 
592 
PUBLIC L
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[77 STAT. 
pregnancy or within two years after the birth of the child, or within 
one year after the putative father has ceased making contributions for 
the support of the child. The time during which the defendant is 
absent from the jurisdiction shall be excluded from the computation 
of the time within which complaint may be filed. 
§ 16-2344. Commencement of proceeding; complaint 
An unmarried woman who is at least four months pregnant or who 
has been delivered of a child born out of wedlock, or a married woman 
who is at least four months pregnant with a child, which if born alive, 
may be bom out of wedlock, or who has been delivered of a child born 
out of wedlock and who was not living with nor cohabiting with her 
husband during the period of time in which the child could have been 
conceived, may appear before the Corporation Counsel for the District 
of Columbia or his assistant at the Juvenile Court and accuse a 
man of being the father of her child and request his arrest. In case 
of death, disability, or incompetence of the mother, the complaint may 
be made by the custodian, guardian, or next friend of the child. The 
complainant shall be examined under oath by the Corporation Counsel 
or his assistant to determine the validity of the accusation. If, upon 
examination, there appears reasonable cause to believe that the accused 
person is the father of the child in question, the complaint shall be 
reduced to writing, verified by the complainant, and filed with the 
clerk of the court. The verified complaint may be introduced in 
evidence to impeach the complaining witness in any subsequent pro-
ceedings therein. 
§ 16-2345. Apprehension of accused 
Upon the filing of a complaint pursuant to section 16-2344, the case 
shall be calendared forthwith for preliminary hearing. The clerk of 
the court shall issue a summons requiring the accused to appear in court 
on a day certain for that purpose, or, if deemed necessary by the court, 
a warrant for the arrest of the defendant may be issued, directed to 
the United States marshal or the Chief of Police or any other member 
of the Metropolitan Police Department of the District of Columbia, 
requiring the accused to be arrested and brought before the court. 
§ 16-2346. Bond; commitment; right to jury trial 
The court may require the person accused to enter into bond with 
surety in a sum not to exceed $2,500, guaranteeing his appearance on 
the date set for hearing or trial. If the defendant fails to appear, the 
security for his appearance shall be forfeited and shall be applied 
toward the siipport of the child if so ordered by the court. If the 
defendant fails to post bond fixed by the court he shall forthwith 
be committed to the District Jail, there to remain until the date set 
for hearing, or until he enters into the required bond or otherwise 
is discharged by due process of law. In all prosecutions under this 
subchapter, the defendant is entitled to, but may waive, trial by jury. 
A final hearing may not take place until after the birth of the child. 
§ 16-2347. Blood tests 
When it is relevant to the prosecution or defense of an illegiti-
macy action, the court may direct that the mother, child, and the 
defendant submit to one or more blood tests to determine whether or 
not the defendant can be excluded as being the father of the child, 
but the results of the test may be admitted as evidence only in cases 
where the defendant does not obj 
ect to its admissibility. 
§ 16-2348. Exclusion of public 
Upon the trial of proceedings pursuant to this subchapter, the court 
may exclude the general public, and shall do so at the request of either 
party. 
77 STAT. ] 
PUBLIC LAW 88-241-DEC. 23, 1963 
593 
§ 16-2349. Judgment 
(a) PRENATAL AND CONFINEMENT EXPENSES ; MAINTENANCE. 
When 
the defendant in a proceeding pursuant to this subchapter, in open 
court acknowledges the paternity, of a child born out oi wedlock, or 
when at the trial the finding of the court or jury is against the defend-
ant, the court, in rendering judgment, may enter an order for the pay-
ment of the prenatal medical care and costs of the mother's confine-
ment and expenses of childbirth in such amount or amounts as it deems 
reasonable, commensurate with defendant's ability to pay. The court 
may also order payments for the maintenance and education of the 
child, commensurate with defendant's ability to pay, to be made at 
such periods or intervals as the court directs. The court may 
order payments to be made by the defendant at a precinct of the 
Metropolitan Police Department of the District of Columbia. 
Pay-
ments shall continue until the child reaches the age of 16 years, unless, 
prior thereto, the child is legally adopted. 
(b) PETITION FOR MODIFICATION OP JUDGMENT; HEARING. 
From 
time to time, the court, after a hearing, may change or modify its 
order directing the amount that defendant shall pay for the main-
tenance and support of the child. The hearing shall be held not less 
than ten days following notice in writing by the clerk of the court 
to the parties in interest, mailed to or left at their last known place of 
residence. 
(c) DEATH OF CHILD. 
If a child dies before reaching the age of 
16 years, the court upon proof thereof, may order the payment of 
reasonable funeral expenses, and shall terminate the order for main-
tenance. Arrears that may be owing at the time of death (may be 
canceled. 
§ 16-2350. Support payments 
(a) SECURITT; PROBATION; COMMITMENT FOR DEFAULT. 
The court 
may require a defendant, against whom a judgment is rendered pur-
suant to this subchapter, to give security not to exceed $2,500 guaran-
teeing payments ordered by the court, or may suspend the requirement 
of security and place the defendant on probation to the court on condi-
tion that payments be made as ordered. 
In default of a payment 
as ordered, the Court may revoke probation and commit the defendant 
to jail for a period of not more than one year at any one time. At 
the expiration of a term of commitment, the court may discharge the 
defendant, but his liability to make subsequent payments or any pay-
ments in arrears at the time of commitment in accordance with the 
judgment or for commitment for further default is not thereby 
affected. In lieu of commitment or as a condition of his release from 
jail, the court may set aside commitment and again place the defend-
ant on probation upon such terms as it directs. The amount 
of security, if forfeited, shall be disbursed as the court directs. 
(b) JUDGMENT FOR ARREARS ; EXECUTION. 
If there is a default of 
payments as ordered, the court, after notice by registered mail to the 
defendant at his last-known address, and after hearing, may reduce 
the amount of arrears to judgment. 
The court, after the notice and 
hearing, may reduce to judgment the arrears under any order here-
after entered for the support and maintenance of a child bom out of 
wedlock, or any amounts ordered to be paid by the defendant under 
this subchapter. When the judgment is docketed in the clerk's office 
of the United States District Court for the District of Columbia, it 
has the same force and effect as judgments of that court, and execu-
tion thereon may be effected in the same manner as upon judgments 
of that court. 
93-025 O-64-40 
594 
PUBLIC LAW 88-241-DEC. 23, 1963 
[77 STAT. 
§ 16-2351. Voluntary agreement for support; approval; order of 
court; exclusion of other remedies 
The putative father of a child bom out of wedlock may enter into 
an agreement with the mother of the child, or with another person 
on behalf of the child, for the support and maintenance of the child, 
and the agreement may be submitted to the court for ratification and 
approval. Upon ratification and approval, the court shall issue an 
order incorporating the terms thereof, and payments thereunder may 
be received and disbursed by the court in the same manner as provided 
by section 16-2381. The faithful performance under the terms of the 
agreement bars other remedies of the mother or any other person on 
behalf of the child for the support of the child, subject to section 
16-2349(b). 
§ 16-2352. Death of defendant; liability of estate 
If the defendant dies after paternity has been established and prior 
to the time the child reaches the age of 16 years, any sums due and 
unpaid under an order of the court at the time of his death constitute 
a valid claim against his estate. 
§ 16-2353. New birth record upon marriage of natural parents 
When a certified copy of a marriage certificate is submitted to 
the Director of Public Health, establishing that the previously unwed 
parents of a child born out of wedlock have intermarried subsequent 
to the birth of the child and the paternity of the child has been judi-
cially determined or acknowledged by the husband before the Com-
missioners or their designated agent, or has been acknowledged in an 
affidavit sworn to by the husband before a judge or the clerk of a court 
of record, or before an officer of the Armed Forces of the United States 
authorized to administer oaths, or before a person authorized to 
administer oaths, and the affidavit is delivered to the Commissioners or 
their designated agent, a new certificate of birth bearing the original 
date of birth and the names of both parents shall he issued and substir 
tuted for the certificate of birth then on file. The original certificate of 
birth and all papers pertaining to the issuance of the new certificate 
shall be placed under seal, and opened for inspection only upon order 
of the United States District Court for the District of Columbia. 
§ 16-2354. Reports to Director of Public Health 
(a) Upon entry of a final judgment determining the paternity of a 
child born out of wedlock, the clerk of the court shall forward a 
certificate to the Director of Public Health, or his authorized repre-
sentative in the jurisdiction in which the child was born, giving the 
name of the person adjudged to be the father of the child. 
(b) Upon receipt of the certificate provided by subsection (a) of 
this section, the Director of Public Health or his authorized represent-
ative shall file it with the original birth record, and thereafter may 
issue a certificate of birth registration including thereon the name of 
the person adjudged to be the father of the child. 
§ 16-2355. Applicability of sections relating to desertion or non-
support 
34 Stat. 86; 
The provisious of sections 22-903 to 22-905, making it a misde-
44 Stat. 716. 
mcanor to abandon or willfully neglect to provide for the support and 
maintenance of minor children in destitute or necessitous circum-
stances, and providing the proceedings and punishment therefor, also 
apply to a person who abandons or fails to support his illegitimate 
child when paternity has been established judicially or when paternity 
has been directly acknowledged by the putative father under oath, or 
indirectly acknowledged by volimtarily making contributions to the 
support of the child. 
77 STAT. ] 
PUBLIC L
A
W 88-241-DEC. 23, 1963 
595 
§16-2356. Construction 
Section 11-1555, section 11-1583(a) (2), section 11-1586(e), and 
this subchapter shall be so interpreted as to effectuate the protection 
and welfare of the child involved in any proceedings thereunder. 
Subchapter III—^Miscellaneous Provisions 
§ 16-2381. Payments for support and maintenance under section 
22-903 to 22-905; voluntary payments; disbursement 
(a) In all cases arising pursuant to sections 22-903 to 22-905, that, 
34 stat. 8
(
5
; 
pursuant to section 11-1556, are brought in the Juvenile Court of the 44 stat. 7
1 e. 
District of Columbia, the court may order payments to be made by the 
defendant, including a defendant to which section 16-2355 relates, at a 
precinct of the Metropolitan Police Department of the District of 
Columbia. As used in this subsection, "Metropolitan Police Depart-
ment" has the same meaning as that prescribed in section 16-2341. 
(b) The Juvenile Court may accept voluntary payments for the 
support and maintenance of wife or minor children and disburse tho 
moneys to the persons for whom the contributions are paid, in the same 
manner as the payments are accepted and disbursed pursuant to sec-
tions 22-903 to 22-905. 
§ 16-2382. Jury 
The jury for service in the Juvenile Court shall consist of twelve 
persons. 
§ 16-2383. Suspension of imposition or execution of sentence 
In all cases in the Juvenile Court, the court may, upon conviction, 
suspend the imposition of sentence or impose sentence and suspend the 
execution thereof, if it appears to the satisfaction of the court that 
the ends of justice and the best interests of the public and of the de-
fendant would be served thereby. In the imposition of sentence and 
the suspension of the execution thereof, the court may place the de-
fendant on probation as provided by section 16-2314, 22-903, or 31-
207, as the case may be. 
§16-2384. Fees prohibited 
A fee may not be charged for any service rendered by the clerk of 
the Juvenile Court or by any officer of the court. 
CHAPTER 25—CHANGE OF NAME 
8«e. 
1^2501. Application; persons who may file. 
16-2502. Notice; contents. 
16-2503. Decree. 
§ 16-2501. Application; persons who may file 
Whoever, being a resident of the District and desiring a change of 
name, ma^ file an application in the United States District Court for 
the District of Columbia setting forth the reasons therefor and also 
the name desired to be assumed. If the applicant is an infant, the 
application shall be filed by his parent, guardian, or next friend. 
§16-2502. Notice; contents 
Prior to a hearing pursuant to this chapter, notice of the filing of the 
application, containing the substance and prayer thereof, snail be 
published once a week for three consecutive weeks in a newspaper 
in general circulation published in the District. 
§l&-2503. Decree 
On proof of the notice prescribed by section 16-2502, and upon a 
showing that the court deems satisfactory, the court may change tiie 
name of the applicant according to the prayer of tlie application. 
596 
PUBLIC L
A
W 88-241-DEC..23, 1963 
[77STAT. 
CHAPTER 
27—NEGLIGENCE 
CAUSING 
DEATH 
See. 
16-2701. Liability; damages; prior recovery as precluding action. 
16-2702. Party plaintiff; statute of limitations. 
16-2703. Distribution of damages. 
§ 16-2701. Liability; damages; prior recovery as precluding action 
When, by an injury done or happening within the limits of the 
District, the death of a person is caused by the wrongful act, neglect, 
or default of a person or corporation, and the act, neglect, or default 
is such as will, if death does not ensue, entitle the person injured, or if 
the person injured is a married woman, entitle her husband, either 
separately or by joining with the wife, to maintain an action and 
recover damages, the person who or corporation that is liable if death 
does not ensue is liable to an action for damages for the death, not-
withstanding the death of the person injured, even though the death 
is caused under circumstances that constitute a felony. 
The damages shall be assessed with reference to the injury resulting 
from the act, neglect, or default causing the death, to the spouse and 
the next of kin of the deceased person; and shall include the rea-
sonable expenses of last illness and burial. "Where there is a surviving 
spouse, the jury shall allocate the portion of its verdict payable to the 
spouse and next of kin, respectively, according to the finding of dam-
age to the spouse and next of kin. If, in a particular case, the verdict 
is deemed excessive the trial judge or the United States Court of Ap-
peals for the District of Columbia Circuit, on appeal of the cause, may 
order a reduction of the verdict. An action may not be maintained 
pursuant to this chapter if the party injured by the wrongful act, 
neglect, or default has recovered damages therefor during his life. 
§16-2702. Party plaintiff; statute of limitations 
An action pursuant to this chapter shall be brought by and in the 
name of the personal representative of the deceased person, and within 
one year after the death of the person injured. 
§16-2703. Distribution of damages 
The damages recovered in an action pursuant to this chapter, except 
the amount specified by the verdict or judgment covering the reason-
able expenses of last illness and burial, may not be appropriated to 
the payment of the debts or liabilities of the deceased person, but inure 
to the benefit of his or her family and shall be distributed to the spouse 
and next of kin according to the allocation made by the verdict or 
judgment, or in the absence of an allocation, according to the pro-
visions of the statute of distribution in force in the District. 
CHAPTER 29—PARTITION AND ASSIGNMENT OF 
DO\\^ER 
SUBCHAPTER I—PARTITION GENERALLY 
Sec. 
16-2901. Parties; accounting by tenant in common. 
SUBCHAPTER II—ASSIGNMENT OF DOWER; PARTIES TO PARTITION 
PROCEEDINGS; SALE OF PROPERTY DISCHARGED FROM DOWER OR 
SPOUSE'S INTESTATE SHARE 
16-2921. Appointment of commissioners: cases of partition. 
16-2922. Widow or widower of tenant in common. 
16-2923. Wife or husband as a party to partition proceeding. 
16-2924. Sale of land encumbered by dower; lacli of widow's or widower's con-
sent ; written consent; portion of proceeds. 
16-2926. Sale of indivisible property; discharged from dower or intestate share. 
77 STAT. ] 
PUBLIC L
A
W 88-241-DEC. 23, 1963 
597 
Subchapter I—Partition Generally 
§16-2901. Parties; accounting by tenant in common 
The United States District Court for the District of Columbia may 
decree a partition of lands, tenements, or hereditaments on the com-
plaint of a tenant in common, claiming by descent or purchase, or of a 
joint tenant; or when it appears that the property can not be divided 
without loss or injury to the parties interested, the court may decree a 
sale thereof and a division of the money arising from the sale among 
the parties, according to their respective rights. 
(D) This section applies to cases where: 
(1^ all the parties are of full age; 
(2) aU the parties are infants; 
(3) some of the parties are of full age and some are 
infants; 
(4) some or all of the parties are non compos mentis; and 
(6) all or any of the parties are non-residents— 
and a party, whether of full age, infant, or non compos mentis, may 
file a complaint pursuant to this section, an infant by his ^ardian or 
next friend, and a person non compos mentis by his committee. 
(c) In a case of partition, when a tenant in common has received 
the rents and profits of the property to his own use, he may be required 
to account to his cotenants for their respective shares of the rents 
and profits. Amounts found to be due on the accounting may be 
charged against the share of the party owing them in the property, 
or its proceeds in case of sale. 
(d) This section does not affect section 211-213. 
3i stat. i;!03 
Subchapter II—Assignment of Dower; Parties to Partition Pro-
ceeding ; Sale of Property Discharged From Dower or Spouse's 
Intestate Share 
§16-2921. Appointment of commissioners; cases of partition 
When real property is held by a person or persons, by descent 
or purchase, in the whole of which a widow or widower is entitled to 
dower, either the widow or widower or a person entitled to the prop-
erty or an undivided share therein may apply to the United States 
District Court for the District of Columbia to have the dower therein 
assigned. Thereupon, the court shall appoint three commissioners to 
lay off and assign the dower, if practicable. The report of the com-
missioners is subject to ratification by the court. In all cases of parti-
tion between two or more joint tenants or tenants in common of real 
property, in the whole of which a widow or widower is entitled to 
dower, the dower shall be laid off and assigned, in like manner, before 
the partition is decreed. When an estate of which a woman or man 
is dowable is entire, and the dower can not be set off therefrom by 
metes and bounds, it may be assigned by the court as of a third part of 
the net rents, issues, and profits thereof. 
§ 16-2922. Widow or widower of tenant in common 
When a widow or widower of a tenant in common of real property 
is entitled to dower in his or her undivided share of the property, 
and a partition is decreed between his or her heirs or devisees and the 
other tenants in common, the dower attaches to, and may, in the 
manner provided by section 16-2921, be assigned and laid out in, the. 
shares assigned in severalty to the heirs or devisees, and the shares 
of the other tenants in common shall be assigned to them, respectively, 
in severalty, free from the dower. 
598 
PUBLIC L
A
W 88-241-DEC. 23, 1963 
[77 STAT. 
§ 16-2923. Wife or husband as party to partition proceeding 
On an application to the District Court to decree a partition 
of real property between tenants in common, it shall not be necessary 
to make the wife or husband of any of the persons a party to the pro-
ceedings, but the right of dower, or the wife's or husband's 
intestate share, as the case may be, shall attach to whatever part of 
the property is assigned in severalty to the wife or husband, and the 
other parts thereof shall be assigned free of the right of dower or 
intestate share. 
§l&-2924. Sale of land encumbered by dower; lack of widow's 
or widower's consent; written consent; portion of 
proceeds 
When a decree is rendered for the sale of real property, in the 
whole of which a widow or widower is entitled to dower, if she or he 
will not consent to a sale of the property free of the dower, the District 
Court may, if it appears advantageous to the parties, cause the dower 
to be laid off and assi^ed as provided by this subchapter. If she or 
he will consent in writmg to the sale of the property free of the dower, 
the court shall order that it be sold free of the dower, and shall allow 
her or him, in commutation of the dower, such portion of the net pro-
ceeds of sale as may be just and equitable, not exceeding one-sixth nor 
less than one-twentieth, according to the age, health, and condition 
of the widow or widower. 
§16-2925. Sale of indivisible property; discharge from dower or 
intestate share 
When real property is decreed to be sold for the purpose of 
division of the proceeds between tenants in common because the prop-
erty is incapable of being divided between them in specie, the District 
Court may decree a sale of the property free and discharged from 
any right of dower, or from any intestate share of the wife or husband, 
as the case may be, of any of the parties in her or his undivided share. 
CHAPTER 
31—PROBATE 
COURT 
PROCEEDINGS 
See. 
10-3101. Definition. 
16-3102. Settlement of accounts as prima facie evidence only. 
1&-8108. Summons; failure to appear or give evidence. 
16-3104. Sequestration where person fails to appear. 
16-3105. Plenary proceeding; refusal to answer as required. 
16-3106. Issues to be made up in plenary proceeding; jury; compelling payment 
of costs. 
16-3107. Enforcement of judgnjents. orders and decrees; application of prop-
erty sequestrated. 
16-3108. Ordering investment of funds; revocation of letters for noncompliance. 
16-3109. Compelling performance of duties by executors, administrators, etc.; 
revocation of letters. 
16-3110. Accounting and delivering of property after revocation of letters; com-
pelling performance. 
16-3111. Order admitting will to probate as conclusive evidence. 
16-3112. Arbitration; exceptions. 
16-3113. Costs and execution. 
§ 16-3101. Definition 
As used in this chapter, "Probate Court" means the United States 
District Court for the District of Columbia. 
§ 16-3102. Settlement of accounts as prima facie evidence only 
Except as provided by section 16-3112, in actions: 
(1) for an accounting, by legatees or next of kin against 
executors or administrators, or wards against their guard-
ians; or 
(2) to subject the real estate of decedents to the payment 
of their debts, by^ creditors against executors or administra-
tors, or against heirs or devisees— 
77 STAT. ] 
PUBLIC L
A
W 88-241-DEC. 23, 1%3 
599 
a prior settlement of accounts in the Probate Court is only prima 
facie evidence as to the correctness of the accounts. 
§ 16-3103. Summons; failure to appear or give evidence 
A summons issued by the Probate Court to a person concerned in 
the affairs of a deceased person, or to a witness or other person whose 
appearance in the court is deemed necessary or proper, is returnable 
at the discretion of the court. Wlien it is necessary or proper, on the 
return of the "summoned", and failure of the person to appear, to 
enforce his appearance, or when a witness before the court refuses to 
give evidence, the court may exercise its fiowers of enforcement and 
punishment as provided by section 401 of Title 18, United States Code, ^2 stat. 701. 
or it may have his estate, or a part thereof attached and sequestered 
as provided by section 16-3104. 
§ 16-3104. Sequestration where person fails to appear 
(a) If two summonses issued to a person by the Probate Court are 
regularly returned non est by the United States marshal and it is 
necessary to proceed further to compel the person's attendance, the 
court may order and issue an attachment against his real and personal 
property. On return of the attachment, to which a schedule of the 
attached property, if any, shall be annexed, the court, by order, or 
commission under seal, may authorize a person or persons to take 
into his or their care and custody the property returned in the sched-
ule, or a part thereof, and receive the profits thereof, to be accounted 
for, until the person summoned appears and obeys the order of the 
court, or until further order. If the marshal or other officer does not 
deliver the property accordingly, he is liable to be proceeded against 
as provided by this subsection. 
(b) The persons authorized pursuant to subsection (a) of this section 
to take into their care and custody the property referred to shall first 
give bond to the United States with such security, and in such penalty, 
as the court directs. The bond shall be recorded, may be sued on, 
shall be on a footing with an administration bond, and shall be condi-
tioned for rendering a true account of the estate or property, and of the 
profits thereof, and to deliver the property according to the order of 
the court, after deducting such allowance for loss, and such commis-
sion, not exceeding 5 per centum of the whole, as the court deems 
proper. 
(c) When ^ the purpose for which property sequestered under 
this section is answered, the court shall direct that the estate or 
property, and the profits, after making the deductions authorized by 
subsection (b) of this section, be restored to the person from whom 
the care and custody of the property were taken. When the person is 
dead, the court shall order the property to be delivered to his heirs, 
devisees or legal representatives, as soon as the purpose of the seques-
tration is answered, or immediately, on application, and on satisfying 
the court of the person's right, if the purpose, after the death of the 
original person, can not be answered. 
§16-3105. Plenary proceeding; refusal to answer as required 
When either of the parties having a contest in the Probate 
Court requires, the court may direct a plenary proceeding, by bill 
or petition, to which there shall be an answer, on oath or affirmation. 
If the party refuses to answer on oath or affirmation, as the case may 
require, to any matter alleged in the bill or petition, and proper for 
the court to decide upon, the court may exercise its powers of enforce-
ment and punishment as provided by section 401 of Title 18, Unitexi 
States Code, or it may have his property attached and sequestered as 
provided by section 16-3104. 
600 
PUBLIC LAW 88-241-DEC. 23, 1963 
[77 STAT. 
§16^106. Issues to be made up in plenary proceeding; jury; 
compelling payment of costs 
In a plenary proceeding provided for by section 16-3105, the Probate 
Court shall give judgment, or decree upon the bill and answer, or 
upon bill, answer, depositions, or finding of the jury. 
In all cases of 
contest, the court may award costs to the party deemed entitled thereto, 
and may compel payment by exercising its powers of enforcement and 
62 Stat. 701. 
punishment as provided by section 401 of Title 18, United States 
Code, or by attachment and sequestration of the property as provided 
by section 16-3104. 
§16-3107. Enforcement of judgments, orders and decrees; appli-
cation of property sequestrated 
The Probate Court may enforce its judgments, orders, decrees, and 
decisions in the manner provided by sections 16-3103 and 16-3104. 
When a judgment, order, decree, or decision is for the payment of 
money, the court may apply the property sequestrated to the purpose 
for wnich the judgment, order, decree, or decision is given. 
§16-3108. Ordering investment of funds; revocation of letters 
for noncompliance 
The Piobate Court may order an executor, administrator, collector, 
• or guardian, whom it has appointed, to bring into coui-t or invest in 
securities, to be approved by the court, any funds received by the 
executor, administrator, collector, or guardian. If the party does not, 
within a reasonable time, to be fixed by the court, comply with the 
order, the court may revoke his letters. 
§ 16-3109. Compelling performance of duties by executors, admin-
istrators, etc.; revocation of letters 
The Probate Court may order an executor, administrator, col-
lector, guardian, or testamentary trustee, who appears to be in default 
in respect to the rendering of an inventory or account or the fulfill-
ment of a duty in the court, to be sununoned to appear therein and 
fulfill his duty in the premises, on pain of revocation of his power to 
act. On his appearance, the court may make such order as is just. On 
his failure to appear, after having been duly sunmioned, the court 
may revoke his power to act and make such further order and other 
appointment as justice requires. 
If the summons to appear is re-
turned by the marshal "not to be found," an alias summons shall be 
mailed to the last-known post-office address of the fiduciary or served 
upon his attorney of record, if \m is within tlie jurisdiction of the 
court. On the failure of the fiduciary to appear, the court may re-
voke his power to act and make such further order and other appoint-
ment as justice requires. 
§16-3110. Accounting and delivering of property after revoca-
tion of letters; compelling performance 
When the Probate Court revokes letters testamentary or of ad-
ministration, collection, or guardianship, the party whose letters 
are revoked shall render forthwith an account of his administration 
or guardianship up to the period of the rendition of the account and 
deliver and turn over to the person appointed in his place all the 
estate, money, and efi'ects remaining in his hands that were received 
and held by him by virtue of his appointment so revoked. 
All moneys 
in the hands of an executor, administrator, or collector realized by 
him by the sale of the specific property are unadministered assets and 
^ a l l be turned over in like manner. 
The court may direct the bond 
of the executor, administrator, or collector whose letters are revoked 
to be put in suit for the use of the new administrator or collector 
appointed in his place. 
77 STAT. ] 
PUBLIC L
A
W 88-241-DEC. 23, 1%3 
601 
§ 16-3111. Order admitting will to probate as conclusive evidence 
With respect to the trial of issues in the Probate Court, including 
the taking and use of testimony of non-resident witnesses, the Federal 
Rules of Civil Procedure, unless otherwise provided by law, are 
2
8 use app. 
applicable thereto. A final' order or decree axhnitting a will to pro-
bate, unless and until it is reversed, is conclusive evidence of the 
validity of the will in a collateral proceeding in which the will is 
brought into question, and a transcript of the record of the will, and 
of the decree admitting it to probate, is sufficient proof thereof. 
§16-3112. Arbitration; exceptions 
The Probate Court may, with the consent in writing of both parties, 
arbitrate between a complainant and an executor or administrator, 
or between an executor or administrator and a person against whom 
the estate represented by him has a claim, or, with like consent, may 
refer the matter in dispute to an arbitrator. If reserved by the parties 
in their submission, exception as to matters of law may be filed to the 
award of the arbitrator, and the court may confirm or overrule the 
award. The award when confirmed is conclusive between the parties. 
§ 16-3113. Costs and execution 
The Probate Court may render judgment for costs against the un-
successful party in any proceeding conducted in the court, and issue 
execution therefor. 
CHAPTER 33—QUIETING TITLE OBTAINED BY ADVERSE 
POSSESSION 
Sec 
16-3301. Ck>mplaiiit; allegations; parties; service; decree. 
§16-3301. Complaint; allegations; parties; service; decree 
When title to real property in the District of Columbia has become 
vested in a pei-son by adverse possession, the holder thereof may file a 
complaint in the United States District Court for the District of 
Columbia to have the title perfected. In the complaint, it is sufficient 
to allege that the plaintiff holds the title to the property, and that it 
has vested in him, or in himself and in those under whom he claims, 
by adverse possession. In the action, it is not necessary to make 
any person a party defendant except those persons who appear to 
have a claim or title adverse to that of the plaintiff. Upon the trial 
of the cause, proof of the facts showing title m the plaintiff by adverse 
possession entitles him to a decree of the court declaring his title by 
adverse possession, and a copy of the decree may be entered of record 
in the office of the Recorder of Deeds for the District. 
(b) In an action pursuant to this section, if process is returned not 
to be found, notice by publication may be substituted as in the case of 
nonresident defendants. Subject to subsection (c) of this sec-
tion, if it is known^ whether one who, if living, would be an 
adverse party, is living or dead, or, in the case of a decedent, 
whether ne died testate or left heirs, or his heirs or devisees are 
unknown, the cause may be proceeded with pursuant to section 13-341. 
(c) The rights of infants or others under legal disability shall be 
saved for a period of two jears after the removal of their disabilities, 
but the entire period during which they shall be preserved may not 
exceed twenty-two years from the time they accrued, either in the 
plaintiff or in the persons under whom he claims. 
602 
PUBLIC LAW 88-241-DEC. 23, 1963 
[77 STAT. 
CHAPTER 35—QUO WARRANTO 
16-3501. Persons against whom Issued; civil action. 
16-3502. Parties who may institute; ex rel. proceedings. 
16-3503. Refusal of Attorney General or United States attorney to act; pro-
cedure. 
16-3504. Allegations in petition of relator claiming oflSce. 
16-3505. Notice to defendant. 
16-3506. Proceedings on default. 
16-3507. Pleading; jury trial. 
16-3508. Verdict and Judgment. 
16-3509. Usurping corporate franchise; Judgment. 
16-3510. Proceedings against corporate directors and trustees; judgment and 
order; enforcement. 
16-8611. Recovery of damages from usurper; limitation. 
§ 16-^501. Persons against whom issued; civil action 
A quo warranto may be issued from the United States District 
Court for the District of Columbia in the name of the United States 
against— 
(1) a person who usurps, intrudes into, or unlawfully 
holds or exercises within the District a franchise or public 
office, civil or military, or an office in a domestic corpora-
tion; or 
(2) one or more persons who act as a corporation within 
the District without bein^ duly authorized, or exercise within 
the District corporate rights, privileges, or franchises not 
granted them by law in force in the District. 
The proceedings shall be deemed a civil action. 
§16-^502. Parties who may institute; ex rel. proceedings 
The Attorney General or the United States attorney may institute 
a proceeding pursuant to this chapter on his own motion, or on the rela-
tion of a third person. 
The writ may not be issued on the relation of a 
third person except by leave of the court, to be applied for by the 
relator, by a petition duly verified, setting forth the grounds of the 
application, or until the relator files a bond with sufficient surety, to 
be approved by the clerk of the court, in such penalty as the court 
prescribes, conditioned for the payment by him of all costs incurred 
in the prosecution of the writ if costs are not recovered from and paid 
by the defendant. 
§ 16-3503. Refusal of Attorney General or United States attorney 
to act; procedure 
If the Attorney General or United States attorney refuses to insti-
tute a quo warranto proceeding on the request of a person interested, 
the interested person may apply to the court by certified petition for 
leave to have the writ issued. Wlien, in the opinion of the court, the 
reasons set forth in the petition are sufficient in law, the writ shall be 
allowed to be issued by any attorney, in the name of the United States, 
on the relation of the interested person, on his compliance with the 
condition prescribed by section 16-3502 as to security for costs. 
§ 16-3504. Allegations in petition of relator claiming office 
When a quo warranto proceeding is against a person for usurping 
an office, on the relation of a person claiming the same office, the 
relator shall set forth in his petition flie facts upon which he claims 
to be entitled to the office. 
§ 16-3505. Notice to defendant 
On the issuing of a writ of quo warranto the court may fix a time 
within which the defendant may appear and answer the writ. 
When 
the defendant can not be found in the District, the court may direct 
notice to be given to him by publication as in other cases of proceedings 
77 STAT. ] 
PUBLIC L
A
W 88-241-DEC. 23, 1963 
603 
against nonresident defendants, and upon proof of publication, if the 
defendant does not appear, judgment may be rendered as if he had 
been personally served. 
§ 16-3506. Proceedings on default 
If the defendant does not appear as required by a writ of quo 
warranto, after being personally served, the court may proceed to 
hear proof in support of the writ, and render judgment accordingly. 
§ 16-3507. Pleading; jury trial 
In a quo warranto proceeding, the defendant may demur or plead 
specially or plead "not guilty" as the general issue, and the United 
States may reply as in other actions of a civil character. Issues of 
fact shall be tried by a jury if either party requests it. Otherwise they 
shall be determined by the court. 
§ 16-3508. Verdict and judgment 
Where a defendant in a quo warranto proceeding is found by the 
jury to have usurped or intruded into or unlawfully held or exercised 
an office or franchise, the verdict shall be that he is guilty of the act or 
acts in question, and judgment shall be rendered that he be ousted 
and excluded therefrom and that the relator recover his costs. 
§16-^509. Usurping corporate franchise; judgment 
Where a quo warranto proceeding is against persons acting as a 
corporation without being legally incorporated, the judgment against 
the defendants shall be that they be perpetually restrained and en-
joined from the commission or continuance of the acts complained of. 
§ 16-3510. Proceedings against corporate directors and trustees; 
judgment and order; enforcement 
Where a quo warranto proceeding is against a director or trustee 
of a corporation and the court finds that at his election either illegal 
votes were received or legal votes rejected, or both, sufficient to change 
the result if the error is corrected, the court may render judgment 
that the defendant be ousted, and that the relator, if entitled to be 
declared elected, be admitted to the office, and the court may issue 
an order to the proper parties, being officers or members of the cor-
poration, to admit him to the office. The judgment may require the 
defendant to deliver to the relator all books, papers, and other things 
in his custody or control pertaining to the office, and obedience to 
judgment may be enforced by attachment. 
§16-3511. Recovery of damages from usurper; limitation 
At any time within a year after a judgment in a quo warranto 
proceeding, the relator may bring an action against the party ousted 
and recover the damages sustained by the relator by reason of the 
ousted party's usurpation of the office to which the relator was 
entitled. 
CHAPTER 37—REPLEVIN 
SUBCHAPTER I—GENERAL PROVISIONS 
Sec. 
lft-S701. Demand prior to action; costs. 
16-3702. Form of complaint. 
16-3703. Affidavit; contents. 
16-3704. Undertaking to abide Judgment of the court. 
16-3705. Failure of officer to obtain possession; procedure. 
16-3706. Publication against defendant. 
16-3707. Default. 
16-3708. Motion for return of property; procedure; objection to sufficiency of 
security. 
16-3709. Notice to officer of Intention to move for return; duty of officer; time of 
motion. 
lft-3710. Determination and measure of plaintiff's damages. 
16-3711. Judgment for defendant and determination of damages. 
1&-3712. Verdict where goods are eloigned. 
1&-3713. Judgment where goods are eloigned. 
604 
PUBLIC L
A
W 88-241-DEC. 23, 1963 
[77 STAT. 
SUBCHAPTER II—REPLEVIN IN COURT OF GENERAL SESSIONS 
Sec. 
16-8731. Jurisdiction; form ot complaint. 
16-3732. Affidavit; contents. 
16-3733. Undertaking to abide Judgment of the court. 
16-3734. Failure of officer to obtain possession. 
16-3735. rublication against defendant. 
16-3736. Default. 
16-3737. Retention of property by marshal; sufficiency of undertaking, quashing 
writ, and return of property. 
16-3738. Motion for return of property; procedure; objection to sufficiency of 
security. 
16-3739. Determination and measure of plaintiff's damuKes. 
16-3740. Judgment for defendant and determination of damages. 
Subchapter I—General Provisions 
§ 16-^701. Demand prior to action; costs 
In an action of replevin brought to recover personal property to 
which the plaintiff is entitled, that is alleged to have been wrong-
fully taken by or to' be in the possession of and wrongfully detained 
by the defendant, it is not necessary to demand possession of the 
property before bringing the action; but the costs of the action may 
be awarded as the court orders. 
§ 16-^702. Form of complaint 
A complaint in replevin shall be in the following or equivalent form: 
"The plaintiff sues the defendant for (wrongly taking and detain-
ing) (unjustly detaining) the plaintiff's goods and chattels, to-
wit: (describe them) of the value of 
dollars. And the plaintiff 
claims that the same be taken from the defendant and delivered to 
him; or, if they are eloigned, that he may have judgment of their 
value and all mesne profits and damages, which he estimates at 
dollars, besides costs.". 
§16-3703. Affidavit; contents 
At the time of filing a complaint in replevin, the plaintiff, his agent, 
or attorney shall file an affidavit stating that—^ 
(1) according to affiant's information and belief, the plain-
tiff is entitled to recover possession of chattels proposed to 
be replevied, being the same described in the complaint; 
(2) the defendant has seized and detained or detains the 
chattels; and 
(3) the chattels were not subject to the seizure or detention 
and were not taken upon a writ of replevin between the 
parties. 
§ 16-3704. Undertaking to abide judgment of the court 
At the time of filing a complaint in replevin, the plaintiff shall enter 
into an nndertaking by liimself or his agent with surety, approved by 
the clerk, to abide by and perform the judgment of the court. 
§ 16-3705. Failure of officer to obtain possession; procedure 
When the officer's return of a writ of replevin issued pursuant to 
this subchapter is that he has served the defendant with copies of the 
complaint, affidavit, and summons, but that he could not obtain pos-
session of the goods and chattels sued for, the plaintiff may prosecute 
the action for the value of the property and damages for detention, or 
he may renew the writ in order to obtain possession of the goods and 
chattels themselves. 
77 STAT. ] 
PUBLIC L
A
W 88-241-DEC. 23, 1963 
605 
§ 16-3706. Publication against defendant 
When the officer's return of a writ of replevin is that he has taken 
possession of the goods and chattels sued for, but indicates that per-
sonal service on the defendant could not be made, the court, subject to 
the provisions of section 13-340 as to mailing notice, may order that 
the defendant appear to the action by a fixed day. The plaintiff shall 
cause notice of the order to be given by^ publication in a newspaper 
published in the District at least three times, the first publication to 
be at least twenty days before the day fixed for the defendant's 
appearance. 
§ 16-3707. Default 
If, after notice as provided by section 16-3706, the defendant fails 
to appear, the court may proceed as in case of default after personal 
service. 
§ 16-3708. Motion for return of property; procedure; objection to 
sufficiency of security 
(a) On the taking possession of the goods and chattels by the 
marshal by virtue of a writ of replevin, the defendant may, on one 
day's notice to the plaintiff or his attorney, move for a return of the 
property to his possession. Thereupon, the court may inquire into 
the circumstances and manner of the defendant's obtaining possession 
of the property, and, if it seems just, may order the property to be 
returned to the possession of the defendant, to abide the final judg-
ment in the action. The court may require the defendant to enter 
into an undertaking with surety or sureties, similar to that required 
of the plaintiff upon the commencement of the action. In such case, 
the court shall render judgment against the surety or sureties, as well 
as against the defendant. 
(b) When it appears that the possession of the property was for-
cibly or fraudulently obtained by the defendant, or that the possession, 
being first in the plaintiff, was procured or retained by the defendant 
without authority from the plaintiff, the court may refuse to order the 
return of the property to the possession of the defendant. The defend-
ant may also, on similar notice, object to the sufficiency of the security 
in the undertaking of the plaintiff, and the court may require addi-
tional security, in default of which the property shall be returned to 
the defendant, but the action may proceed as if the property had not 
been taken. 
§ 16-3709. Notice to officer of intention to move for return; duty 
of officer; time of motion 
If the defendant in an action of replevin notifies the officer taking 
possession of the property, in writing, of his intention to make either 
of the motions specified by section 16-3708, the officer shall retain 
possession of the property until the motion is disposed of, if the 
motion is filed and notice given, as provided by section 16-3708, to 
the plaintiff or his attorney, within two days thereafter. 
§ 16-3710. Determination and measure of plaintiff's damages 
Whether, in an action of replevin, the defendant answers and the 
issue thereon joined is found against him, or judgment is rendered 
against him on proper motion under rules of court, or he makes de-
fault after personal service or publication, the plaintiff's damages 
shall be ascertained by the jury^ trying the issue, where one is joined, 
or by a jury of inquest, where jury trial had been waived or there is 
no issue of fact, and the damages shall be the full value of the goods, 
if eloigned by the defendant, including, in every case, the loss sus-
tained by the plaintiff by reason of the detention, and the judgment 
shall be rendered for the plaintiff accordingly. 
606 
PUBLIC L
A
W 88-241-DEC. 23, 1963 
[77 STAT. 
§ 16-^711. Judgment for defendant and determination of damages 
When, in an action of replevin, the issue is found for the defendant, 
or the plaintiff dismisses or fails to prosecute his suit, or judgment is 
rendered against the plaintiff on proper motion under rules of court, 
the judgment shall be that the goods, if delivered to the plaintiff, be 
returned to the defendant with damages for their detention, or, on 
failure, that the defendant recover against the plaintiff and his surety 
the damages sustained by him. The damages shall be assessed by the 
jury trying the issue; or, where jury trial had been waived, or judg-
ment is rendered against the plaintiff prior to trial on proper motion 
under rules of court, or he dismisses or fails to prosecute his suit, by 
a jury of inquest. 
§ 16-3712. Verdict where goods are eloigned 
If the defendant in an action of replevin has eloigned the things sued 
for, the court may instruct the jury, if they find for the plaintiff, to 
assess such damages as may compel the defendant to return the things. 
§ 16-3713. Judgment where goods are eloigned 
The judgment in a case where the defendant has eloigned the goods 
sued for, shall be that the plaintiff recover against the defendant the 
value of the goods as found and the damages so assessed, to be dis-
charged by the return of the things, within ten days after the judg-
ment, with damages for detention, which the jury shall also assess. 
Subchapter II—Replevin in Court of General Sessions 
§ 16-^731. Jurisdiction; form of complaint 
The District of Columbia Court of General Sessions may issue a writ 
of replevin when a plaintiff files a complaint in replevin, in the 
following or an equivalent form: 
"The plaintiff sues the defendant for wrongfully taking and detain-
ing (or wrongfully detaining) the plaintiff's, goods and chattels, 
to wit (here describe them), of the value of 
dollars. And 
the plaintiff claims that the same may be taken and delivered to him, 
or, if they are eloigned, that he may have judgment for their value 
and all mesne profits and damages, which he estimates at — 
dollars, besides costs." 
§16-^732. Affidavits; contents 
At the time of filing a complaint pursuant to section 16-3731, the 
plaintiff, his agent, or attorney shall file an affidavit stating that— 
(1) according to affiant's information and belief, the 
plaintiff is entitled to^ recover possession of the chattels de-
scribed in the complaint; 
(2) the defendant has seized and detains or detains the 
chattels; 
(3) the chattels were not subject to the seizure or deten-
tion, and were not taken under a writ of replevin between 
the parties; and 
(4) the chattels are not of the value of more than $10,000. 
§ 16-3733. Undertaking to abide judgment of the Court 
At the time of filing a complaint pursuant to section 16-3731, the 
plaintiff shall enter into an undertaking, with surety approved by the 
court, submitting to the jurisdiction of the court, to abide by and per-
form the judgment of the court. 
77 STAT. ] 
PUBLIC LAW 88-241-DEC. 23, 1963 
607 
§ 16-3734. Failure of officer to obtain possession 
When the officer's return of a writ of replevin issued pursuant to this 
subchapter is that he has served the defendant with copies of the com-
plaint, affidavit, and summons, but that he could not obtain possession 
of the goods and chattels sued for, the plaintiff may prosecute the 
Jictioii for tlie A'alue of the pi'operty and damages for the detention, 
not to exceed in all $10,000 or he may renew the writ, in order to obtain 
possession of the goods and chattels themselves. 
§ 16-3735. Publication against defendant 
When the officer's return of a writ of replevin issued pursuant to this 
subchapter is that he has taken possession of the goods and chattels 
sued for, but that the defendant is not to be found, the court, subject 
to section 13-340 as to mailing notice, may order that the defendant 
appear to the action by a fixed day, and cause notice of the order to be 
given by publication in a newspaper published in the District at least 
three times, the first publication to be at least twenty days before the 
day fixed for defendant's appearance. 
§ 16-^^736. Default 
If. after notice as provided by section 16-3735, the defendant fails 
to appear, the court may proceed, as in the case of default after per-
soiml service, to render judgment for the property in favor of the 
plaintiff. 
§ 16-3737. Retention of property by marshal; sufficiency of under-
taking, quashing writ, and return of property 
Property taken by the marshal under a writ of replevin issued 
pursuant to this subchapter shall be retained by him for three days, ex-
clusive of Sundays and legal holidays, before delivering it to the 
plaintiff, in order that the defendant or other persons claiming an 
interest in the property may present objections to the court to the 
sufficiency of the security on the undertaking or the jurisdiction of the 
court. 
If the court deems the undertaking insufficient, it may direct 
the marshal to retain the property for a further short time, to be 
designated by the court, until an undertaking to be approved by it 
is filed, in default of which the marshal shall return the property to 
the person from whom it was taken. If it appears to the court that the 
property is of the value of over $10,000, the court shall quash the writ 
of replevin and direct the property to be returned to the party out of 
whose possession it was taken. 
§ 16-^738. Motion for return of property; procedure; objection to 
sufficiency of security 
Section 16-3708 is also applicable to actions of replevin brought 
pursuant to this subchapter. 
§ 16-3739. Determination and measure of plaintiff's damages 
Whether, in an action of replevin pursuant to this subchapter, the 
defendant answers and the issue thereon joined is found against him, 
or judgment is rendered against him on proper motion under rules 
of court, or he makes default after personal service, the plaintiff's 
damages shall be the full value of the goods, not to exceed $10,000, if 
eloigned by the defendant, and damages for the detention thereof, and 
judgment shall be rendered for the plaintiff accordingly. 
§ 16-^740. Judgment for defendant and determination of damages 
If the issue in an action of replevin pursuant to this subchapter is 
found for the defendant, or the plaintiff dismisses or fails to prosecute 
his suit, or judgment is rendered against plaintiff on proper motion 
under rules of court, the judgment shall be that the goods, if delivered 
to the plaintiff, be returned to the defendant, with damages for their 
detention, or, on failure, that pie defendant recover from the plaintiff 
and his surety the damages sustained by him. 
608 
PUBLIC L
A
W 88-241-DEC. 23, 1963 
[77 STAT. 
CHAPTER 39—SMALL CLAIMS AND CONCILIATION 
PROCEDURE IN COURT OF GENERAL SESSIONS 
Sre. 
16-3901. Practice; applicabilltj- of other laws and rules of court 
16-3902. Coiumencemeut of action; form of statement; preparation by clerk; 
notice and service; costs; default; memorandum to plaintiff. 
16-3908. Fees and costs; waiver. 
16-3904. Set-off or counterclaim; pleading; retention of jurisdiction. 
16-3905. Jury trial; demand; assignment to regular branch. 
16-8906. Pre-trial settlement; trial; procedure; default; dismissal or nonsuit; 
other disposition. 
16-3907. Judgment; stay; installment payments; enforcement. 
16-3908. Judgment for wages; oral examination; payment. 
16-3909. Award of costs. 
16-3910. Other rights of Judgment creditor. 
§ 16-^901. Practice; applicability of other laws and rules of court 
All provisions of law relating to the District of Columbia Court of 
General Sessions and the rules of court apply to the practice in the 
Small Claims and Conciliation Branch of the court as far as they may 
be made applicable and are not in conflict with this chapter or chap-
ter 13 of Title 11, or with the rules prescribed pursuant to section 
13-101 (c). In case of conflict, this chapter and chapter 13 of Title 11 
and the rules so prescribed control. 
§16-3902. Commencement of action; form of statement; prep-
aration by clerk; notice and service; costs; default; 
memorandum to plaintiff 
(a) Actions shall be commenced in the Small Claims and Concilia-
tion Branch of the District of Columbia Court of General Sessions 
by the filing of a statement of claim, in concise form and free of tech-
nicalities. The plaintiflp or his agent shall verify the statement of 
claim by oath or affirmation in the form herein provided, or its equiv-
alent, and shall affix his signature thereto. The clerk of the Branch 
shall, at the request of an individual, prepare the statement of claim 
and other papers required to be filed in an action in the Branch, but his 
services are not available to a corporation, partnership, or association, 
in the preparation of the statements or other papers. A copy of the 
statement of claim and verification shall be made a part of the notice 
to be served upon the defendant named therein. The mode of service 
shall be by the United States marshal, as provided by law, or by reg-
istered mail or bv certified mail with return receipt, or by a person not 
a partjr to or otnerwise interested in the action especially appointed 
by the judge for that purpose. 
(b) When notice is to be served by registered mail or by certified 
mail, the clerk shall inclose a copy of the statement of claim, verifica-
tion, and notice in an envelope addressed to the defendant, prepay the 
postage with funds obtained from plaintiff, and mail the papers forth-
with, noting on the records the day and hour of mailing. When the 
receipt is returned, the clerk shall attach it to the original statement 
of claim, and it constitutes prima facie evidence of service upon the 
defendant. 
(c) When notice is served by a private individual, as provided by 
subsection (a) of this section, he shall make proof of service by affi-
davit before the clerk, showing the time and place of the service. 
(d) When notice is served by the marshal, or by registered mail or 
by certified mail, the actual cost of service is taxable as costs. When 
notice is served by an individual, the cost of service, if any, is not 
taxable as costs. 
(e) The statement of claim, verification, and notice shall be in the 
following or equivalent form: 
77 STAT. ] 
PUBLIC L
A
W 88-241-DEC. 23, 1963 
> 
609 
DISTKICT OF COLUMBIA COURT OF GENERAL SESSIONS 
SMALL CLAIMS AND CONCTLIAHON BRANCH 
(Location of room in courthouse) 
(Address of court) 
Washington, D.C. 
Plaintiff 
Address 
vs. 
No. 
Defendant 
STATEMENT OF CLAIIC 
(Here the plaintiff, or at his request the clerk, will insert a state-
ment of the plaintiff's claim, and the original^ to be filed with the 
(ilerk, may, if action is on a contract, express or implied, be verified by 
the plaintiff or his agent, as follows:) 
DisTRicrr OF COLUMBIA, SS: 
being first duly sworn on oath 
says the foregoing is a just and true statement of the amount owing 
by defendant to plaintiff, exclusive of all set-offs and just grouncb 
of defense. 
Plaintiff (or agent) 
Subscribed and sworn to before me this 
day of 
, 
19 
. 
Clerk (or notary public) 
NoncB 
To: 
Defendant 
Home address 
Business address 
You are hereby notified that 
has 
made a claim and is requesting judgment against you in the sum 
of 
1 
dollars ($ 
), as shown by ttie 
foregoing statement. The Court will hold a hearing upon this claim 
on 
—
—
I 
at 
m. in the Small Claims 
and Conciliation Branch (address of Court). 
You are required to be present at the hearing in order to avoid a 
judgment by default. 
If you have witnesses, books, receipts, or other writings bearing on 
this claim, you should bring them with you at the time of the hearing. 
If you wish to have witnesses summoned, see the clerk at once for 
assistance. 
If you admit the claim, but desire additional time to pay, you must 
come to the hearing in person and state the circumstances to the 
court. 
You may come with or without an attorney. 
[SSAL] 
——•— 
Clerk of the Small Claims and Con-
ciliation Branch, Court of General 
Sessions. 
93-025 0-64-41 
610 
PUBLIC LAW 88-241-DEC. 23, 1%3 
[77 STAT. 
(f) The foregoing verification entitles the plaintiff to a judgment 
by default, without further proof, upon failure of defendant to appear, 
if the claim of the plaintiff is for a liquidated amount. If the amount 
is unliquidated, the plaintiff shall be required to present proof of his 
claim. 
(g) The clerk shall furnish the plaintiff with a memorandum of 
the day and hour set for the hearing, not less than 5 nor more than 
15 days from the date of the filing of the action. Where, in a case con-
trolled by another statute, a greater or lesser time for hearing is spec-
ified by the other statute, that specified time is controlling. All actions 
filed in the Branch shall be made returnable therein. 
§ 16-3903. Fees and costs; waiver 
The fee for issuing summons and copies, trial, judgment, and 
satisfaction in an action in the Small Claims and Conciliation Branch 
of the District of Columbia Court of General Sessions shall be not 
more than $1. Other fees shall be as the court prescribes. The judge 
sitting in the Branch may waive the prepayment of costs or the pay-
ment of costs accruing during the action upon the sworn statement 
of the plaintiff or upon other satisfactory evidence of his inability 
to pay the costs. When costs are so waived the notation to be made on 
the records of the Branch shall be "Prepayment of costs waived," or 
"Costs waived." The term "pauper" or "in forma pauperis" may not 
be employed in the Branch. 
If a party fails to pay accrued costs, 
though able to do so, the judge may deny him the right to file a new 
case in the Branch while the costs remain unpaid, and likewise deny 
him the right to proceed further in any case pending in the Branch. 
§ 16-3904. Set-off or counterclaim; pleading; retention of juris-
diction 
If the defendant, in an action pursuant to this chapter, asserts a set-
off or counterclaim, the judge may require a formal plea of set-off to be 
filed, or may waive the requirement. If the plaintiff requires time to 
prepare his defense against the counterclaim or set-off, the judge may 
continue the case for that purpose. When the set-off or counterclaim 
is for more than the jurisdictional limit of the Small Claims and Con-
ciliation Branch as provided by section 11-1341 but within the juris-
dictional limit of the court as provided by section 11-961, the action 
shall nevertheless remain in the Branch and be tried therein in its 
entirety. 
§ 16-3905. Jury trial; demand; assignment to regular branch 
In a case filed or pending in the Small Claims and Conciliation 
Branch of the District of Columbia Court of General Sessions in 
which a party entitled to a trial by jury files a demand therefor, the 
case shall be assigned to and tried in the regular branch of the civil 
division of the Court under the procedure provided for jury trials. 
§ 16-3906. Pre-trial settlement; trial; procedure; default; dis-
missal or nonsuit; other disposition 
(a) On the return day specified by subsection (g) of section 16-3902, 
or at such later time as the judge sets, the trial shall be had. Immedi-
ately prior to the trial of a case pursuant to this chapter, the judge 
shall make an earnest effort to settle the controversy by conciliation. 
If he fails to induce the parties to settle their differences without a 
trial, he shall proceed with the hearing on the merits pursuant to sub-
section (b) of this section. 
(b) Tlie parties and witnesses shall be sworn. The judge shall con-
duct the trial in such manner as to do substantial justice net 
ween the 
parties according to the rules of substantive law, and is not bound by 
the statutory provisions or rules of practice, procedure, pleading, or 
evidence, except provisions relating to privileged communications. 
77 STAT. ] 
PUBLIC LAW 88-241-DEC. 23, 1963 
611 
(c) If the defendant fails to appear, judgment shall be entered for 
the plaintiff by default as provided by section 16-3902(f), or under 
rules of court, or on ex-parte proof. If the plaintiff fails to appear, 
the action may be dismissed for want of prosecution, or a nonsuit may 
be ordered, or defendant may proceed to a trial on the merits, or the 
case may be continued or returned to the files for further proceedings 
on a later date, as the judge directs. If both parties fail to appear, 
the judge may return the case to the files, or order the action dismissed 
for want of prosecution, or make any other just and proper disposition 
thereof, as justice requires. 
§ 16-3907. Judgment; stay; installment payments; enforcement 
Wlien judgment is to be rendered in an action pursuant to this chap-
ter and the party against whom it is to be entered requests it, the judge 
shall inquire fully into his earnings and financial status and may stay 
the entry of judgment, and stay execution, except in cases involving 
wage claims, and order partial payments in such amounts, over such 
j)eriods, and upon such terms, as seems just in the circumstances and 
as will assure a definite and steady reduction of the judgment until it 
is finally and completely satisfiea. Upon a showing that the party 
has failed to meet an instalment payment without just excuse, the stay 
of execution shall be vacated. When a stay of execution has not been 
ordered or when a stay of execution has been vacated as provided by 
this section, the party in whose favor the judgment has been entered 
may avail himself of all remedies otherwise available in the District 
of Columbia Court of General Sessions for the enforcement of the 
judgment. 
§ 16-3908. Judgment for wages; oral examination; payment 
When a judgment rendered in an action pursuant to this chapter is 
founded in whole or in part on a claim for wages or personal services, 
the judge shall, upon motion of the party obtaining judgment, order 
the appearance of the party against whom the judgment has been 
entered, but not more often than once each week for four weeks, for 
oral examination under oath as to his financial status and his ability to 
pay the judgment, and the judge shall make such supplementary orders 
as seems just and proper to effectuate the payment of the judgment 
upon reasonable terms. 
§ 16-3909. Award of costs 
In an action pursuant to this chapter, the award of costs is in the dis-
cretion of the judge, who may include therein the reasonable cost of 
bonds and undertakings, and other reasonable expenses incident to the 
action, incurred by either party. 
§ 16-3910. Other rights of judgment creditor 
Except as otherwise provided by this chapter, or in the rules pre-
scribed pursuant to section 13-101 (c), a party obtaining a judgment 
in the Small Claims and Conciliation Branch of the District of Colum-
bia Court of General Sessions is entitled to the same remedies, proc-
esses, costs, and benefits as are given or inure to other judgment 
creditors in the court. 
CHAPTER 41—SURETIES 
See. 
16-4101. Relief from suretyship; counter security, or bond; removal of officer or 
fiduciary from office. 
16-4102. Subrogation of surety satisfying judgment. 
612 
PUBLIC LAW 88-241-DEC. 23, 1963 
[77 STAT. 
§16-4101. Relief from suretyship; counter security, or bond; 
removal of officer or fiduciary from office 
When the surety, or his personal representatives, of an officer, com-
missioner, receiver, or trustee appointed under a decree of couit and 
required to give bond apprehends himself to be in danger of suffering 
from the suretyship, and petitions the court to be relieved from the 
suretyship, or that the court require the officer, commissioner, receiver, 
or trustee to give counter security, the court may, on reasonable notice 
to the trustee or other officer, require him to give counter security or 
to give a new bond in the same manner as if none had been given by 
him. 
If he fails to do so by a day named, the court may remove him 
from his office or trust and appoint a new trustee or other officer in 
his stead to complete the duties of his office or trust, and may there-
upon, order him to deliver over to his successor all the trust property, 
including moneys, books, papers, bonds, notes, and evidences of debt, 
and may compel compliance with the order by attachment. 
§ 16-4102. Subrogation of surety satisfsing judgment 
Where a person recovers a judgment or money decree against the 
principal debtor and a surety or indorser, and the judgment is satis-
fied by the surety or indorser, the latter may have the judgment or 
money decree entered by the clerk to his use and have execution in his 
own name against the principal, and where a judgment or money decree 
is rendered against several sureties and one of tnem satisfies the whole 
debt, the surety satisfying the judgment may have the judgment or 
decree entered to his use, have execution against each of the other 
sureties in the judgment or decree for a proportionate part of the debt 
so paid by him. 
On the motion of the surety so paying the entire debt 
and notice to the other sureties, the court may determine for what 
amount execution shall issue against each of the other sureties. 
TITLE 17—REVIEW 
CHAPTBB 
Sec. 
1. UNITED STATES GOUKT OF APPEALS FOB THE DISTBICT OF COLUMBIA 
CiBourr 
17-101 
8. DISTBICT OF COLUMBIA COUET OF APPEALS 
17-301 
CHAPTER l—UNITED STATES COURT OF APPEALS FOR 
THE DISTRICT OF COLUMBIA CIRCUIT 
S«e. 
17-101. Appeal from District of Columbia Court of Appeals; filing, form and 
contents of petition. 
17-102. Procedure, generally, on appeal from District of Columbia Court of 
Appeals; record; rules of court. 
17-103. Time for petitioning for allowance of appeal from District of Columbia 
Court of Appeals. 
17-104. Determination of appeal from District of Columbia Court of Appeals. 
§17-101. Appeal from District of Columbia Court of Appeals; 
filing, form and contents of petition 
The petition for the allowance of an appeal from a judgment of 
the District of Columbia Court of Appeals shall be in writing and 
shall be filed with the clerk of the United States Court of Appeals 
for the District of Columbia Circuit. The contents of the petition 
shall conform with requirements that the United States Court of 
Appeals prescribes by rule. 
§ 17-102. Procedure, generally, on appeal from District of Colum-
bia Court of Appeals; record; rules of court 
The United States Court of Appeals for the District of Columbia 
Circuit may prescribe rules governing the: 
(1) practice and procedure on petitions specified by sec-
tion 17-101; and 
77 STAT. ] 
PUBLIC L
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613 
(2) preparation of, and time for filing, the transcript of 
the record in such cases— 
and may generally regulate all matters relating to appeals in such 
cases. 
§ 17-103. Time for petitioning for allowance of appeal from 
District of Columbia Court of Appeals 
Petitions for the allowance of appeals from judgments of the Dis-
trict of Columbia Court of Appeals shall, in each case, be filed, as 
provided by this chapter, within ten days after entry of the judgment 
from which an appeal is desired. 
§17-104. Determination of appeal from District of Columbia 
Court of Appeals 
If the United States Court of Appeals for the District of Columbia 
Circuit allows an appeal pursuant to section 11-321 and this chapter, it 
shall review the record on appeal, and shall affirm, modify, vacate, set 
aside, or reverse the judgment, and may remand the cause and direct 
the entry of such appropriate judgment or order, or require such 
further proceedings to be had, as is just in the circumstances. 
CHAPTER 3—DISTRICT OF COLUMBIA COURT OF 
APPEALS 
Sec 
17-301. Applications for allowance of appeals from certain Court of General 
Sessions Judgments; hearing; effect of denial. 
17-302. Regulations of appeals; record; costs. 
17-303. Appeals from administrative orders and decisions; petition; record; 
procedure. 
17-304. Stay upon application for review of, or pending appeal from, adminis-
trative order or decision. 
17-305. Scope of review. 
17-306. Determination of appeals. 
17-307. Time for taking or applying for allowance of appeals. 
§ 17-301. Applications for allowance of appeals from certain 
Court of General Sessions judgments; hearing; effect 
of denial 
(a) The application for the allowance of an appeal from a judg-
ment of the Small Claims and Conciliation Branch of the District of 
Columbia Court of General Sessions, or from a judgment of the crim-
inal division of that court where the penalty imposed is less than $50, 
provided for by section 11-741 (c), shall be on a standard form, in 
simple language, prescribed by the Court of General Sessions. If the 
appellant is not represented by counsel, the clerk of the Court of Gen-
eral Sessions shall prepare the application in his behalf. 
(b) The application provided for b^ subsection (a) of this section 
shall be filed in the District of Columbia Court of Appeals within the 
time limit prescribed by section 17-307 (b), and shall be promptly 
presented by the clerk of that court to the chief judge and the associate 
judges thereof for their consideration. When any one of them is of 
the opinion that the appeal should be allowed, the appeal shall be 
recorded as granted, and the case set down for hearing on appeal. It 
shall be given a preferred status on the calendar, and heard in the 
same manner as other appeals in the court. When all the judges are 
of the opinion that an appeal should be denied, the denial shall stand 
as an affirmance of the judgment of the trial court, and there shall be 
no further appeal. 
§17-302. Regulation of appeals; record; costs 
The District of Columbia Court of Appeals may regulate, generally, 
all matters relating to appeals, whether in the District of Columbia 
Court of Appeals or in the court below. It may prescribe by rules what 
614 
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[77 STAT. 
part of the proceedings in the court below shall constitute the record 
on appeal, and may require that the original papers, instead of copies 
thereof, be sent to it. It may not require that the record or briefs on 
appeal be printed. If they are printed, the cost of printing may not 
be taxed as costs in the case. 
§ 17-303. Appeals from administrative orders and decisions; peti-
tion; record; procedure 
(a) An appeal from an order or decision of an administrative 
agency, as provided for by section 11-742, is commenced by filing in 
the District of Columbia Court of Appeals, within the time prescribed 
pursuant to section 17-307(a), the written petition for review pro-
vided by section 11-742 (c). Upon the filing of the petition, the clerk 
of the court shall forthwith, by mail, serve a copy thereof upon the 
agency affected by the petition. After receipt of the copy of the peti-
tion, the agency shall certify and file in the court the original papers 
comprising the record or any supplementary record, or certified copies 
of the papers. Upon the filing of the papers, the clerk shall immedi-
ately notify the petitioner of the filing. 
(b) The District of Columbia Court of Appeals may by rule 
prescribe: 
(1) the form and contents of the petition provided for by 
this section; and 
(2) the time within which the agency affected by the peti-
tion shall certify and file the original papers or certified copies 
thereof as provided by this section— 
and regulate generally all matters relating to proceedings on an appeal 
referred to in this section. 
§ 17-304. Stay upon application for review of, or pending appeal 
from, administrative order or decision 
(a) An application for review, or pendency of an appeal, provided 
for by section 17-303, does not operate as a stay of the order or de-
cision from which the appeal is taken: 
(1) in any case where, under existing law, a stay may not 
be granted; or 
(2) in any other case unless so ordered by the Board of 
Commissioners of the District of Columbia, or by the District 
of Columbia Court of Appeals as provided by subsection (b) 
of this section. 
(b) For good cause shown, and upon such conditions as may be 
required and to the extent necessary to prevent irreparable injury, 
the court may take appropriate and necessary action to preserve the 
status or rights pending conclusion of the review proceedings pro-
vided for by section 17-303. 
§17-305. Scope of review 
(a) In considering an order or judgment of a lower court or any 
of its branches, brought before it for review, the District of Columbia 
Court of Appeals shall review the record on appeal. When the issues 
of fact were tried by jury, the court shall review the case only as to 
matters of law. When the case was tried without a jury, the court may 
review both as to the facts and the law, but the judgment may not be 
set aside except for errors of law unless it appears that the judgment 
is plainly wrong or without evidence to support it. 
(b) The District of Columbia Court of Appeals shall hear and de-
termine appeals from orders or decisions of administrative agencies 
upon the record of proceedings before the appropriate agency to be 
certified to the court under rules or instructions as the court from time 
to time prescribes. In such cases, it shall limit its review to those issues 
77 STAT. ] 
PUBLIC L
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615 
of law or fact that are subject to review on appeal under applicable 
provisions of existing law. If there is no statutory limitation, the 
court shall determine the appeal by rules of law which define the 
scope and limitations of review of administrative proceedings. Under 
the rules, by way of elaboration and not limitation, the court may: 
(1) as far as necessary to decision and where presented to 
decide all relevant questions of law, interpret constitutional 
and statutory provisions, and determine the meaning or 
applicability of the terms of any agency action; and 
(2) hold unlawful and set aside agency action findings and 
coiiclnsions found to be: 
I 
(A) arbitrary, capricious, an abuse of discretion, or 
otherwise not in accordance with law; 
(B) contrary to constitutional right, power, privi-
lege, or immunity; 
(C) in excess of statutory jurisdiction, authority, or 
limitation, or short of statutory right; 
(D) without observance of procedure required by law; 
(E) unsupported by substantial evidence or facts in 
the record of the proceedings before the court; or 
(F) unwarranted by the facts. 
In making the determinations as provided by this subsection, the 
court shall take account of prejudicial error. 
§ 17-306. Determination of appeals 
The District of Columbia Court of Appeals may affirm, modify, 
vacate, set aside or reverse any order or judgment of a court or any 
branch thereof, or any order or decision of an administration agency, 
lawfully brought before it for review, and may remand the cause and 
direct the entry of such appropriate order, judgment, or decision, or re-
quire such further proceedings to be had, as is ]ust in the circumstances. 
§ 17-307. Time for taking or applying for allowance of appeals 
(a) Except as provided by subsection (b) of this section, the time 
during which an appeal may be taken pursuant to section 11-741 or 
11-742 may be fixed by rules of the District of Columbia Court of 
Appeals. 
(b) Applications for the allowance of appeals from judgments of 
the Small Claims and Conciliation Branch of the District of Columbia 
Court of General Sessions, and from judgments in the criminal divi-
sion of that court where the penalty imposed is less than $50, specified 
by section 11-741 (c), shall, in each case, be filed in the District of 
Columbia Court of Appeals within three days from the date of 
judgment. 
i 
SEC. 2. The seventh sentence of section 38 of the Act of February 
27, 1929 (ch. 352, 45 Stat. 1338; D.C. Code, 1961 ed., sec. ^129), 
as amended by section 32(b) of the Act of June 25,1948, and by sec-
tion 127 of the Act of May 24,1949 (ch. 139, 63 Stat. 107), is amended 
to read as follows: "On the petition of an applicant to whom a license 
or registration has been denied by the commission by virtue of this 
section, the action of the commission may be reviewed by the District 
of Columbia Court of Appeals in the manner provided by sections 
11-742,17-303,17-304, 17-305 (b), 17-306 and 17-307 of the District 
of Columbia Code." 
SEC. 3. Section 7 of the Act of March 2, 1929 (ch. 640, 45 Stat. 
1520; D.C. Code, 1961 ed., sec. 2-406). as amended by section 32(b) 
of the Act of June 25,1948, and by section 127 of the Act of May 24, 
1949, is amended (1) by striking out the colon preceding the second 
616 
PUBLIC L
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[77 STAT. 
proviso, and in lieu thereof inserting a period; and (2) by striking 
out the second proviso and in lieu thereof inserting the following: 
"On the petition of an applicant to whom registration or reregistra-
tion has Deen denied by the nurses' examining board, the action of 
the board may be reviewed by the District of Columbia Court of 
Appeals in the manner provided by sections 11-742, 17-303, 17-304, 
17-305 (b), 17-306 and 17-307 of the District of Columbia Code.". 
SEC. 4. (a) The fourth paragraph of section 7 of the Act of May 
7, 1906 (cli. 2084, _34 Stat. 177; D.C. Code, 1961 ed., sec. 2-606), 
as amended by section 3 of the Act of March 4,1927, and by section 
32(a) (b) of the Act of June 25, 1948, as amended by section 127 of 
the Act approved May 24,1949, is amended to read as follows: 
"The board shall make a written report of its findings after such 
hearingj which report, with a transcript of the entire record of the 
proceedings, shall be filed with the Commissioners of the District of 
Columbia, and, if the board's finding is adverse to the person seeking 
reissuance of his license or permit, the license or permit shall stand 
revoked and annulled at the expiration of thirty days from the filing 
of the report, unless a petition for review is filed in the District of 
Columbia Court of Appeals, and a stay is granted, in the manner 
provided by sections 11-742, 17-303, 17-304, 17-305 (b), 17-306 and 
17-307 of the THstrici, of Columbia Code." 
(b) Section 7 of the Act of May 7, 1906 (ch. 2084, 34 Stat. 177; 
D.C. Code, 1961 ed., sec. 2-606), is further amended by striking out the 
fifth paragraph thereof. 
SEC. 5. The third sentence of section 10 of the Act of February 1, 
1907 (ch. 442,34 Stat. 873; D.C. Code, 1961 ed., sec. 2-810), is amended 
to read as follows: "Appeal from the decision of the board may be 
taken to the District of Columbia Court of Appeals, as provided by. 
section 11-742, 17-303, 17-304, 17-305 (b), 17-306 and 17-307 of the 
District of Columbia Code. The Commissioners of the District of 
Columbia, the board of review, and the board of examiners in veteri-
nary medicine shall not, nor shall any of them, be required to pay costs, 
or give bond or security on appeal, or other proceeding in any court 
of the District of Columbia growing out of any official duty imposed 
on them, or any of them, by this Act.". 
SEC. 6. Section 28 of the Act of December 13, 1924 (ch. 9, 43 
Stat. 717; D.C. Code, 1961 ed., sec. 2-1028), as amended by section 1 
of the Act of May 29,1928, is amended to read as follows: 
"SEC. 28. The proceedings for the annulment of registration, that 
is, the revocation of a certificate, shall be begim by filing written 
charges against the accused with the Board of Examiners and Regis-
trars of Architects by the Board itself or by a complainant. A copy 
of the charges, together with a notice of the time and place of hearing, 
shall be served on the accused at least thirty calendar days in advance 
of the hearing, which shall be postponed if necessary to give the requi-
site notice. Where personal services can not be made within the Dis-
trict of Columbia, service may be made by publication or personal 
service in accordance with such rules as the Board adopts, following 
generally and in principle the provisions of sections 13-336 to 13-338 
and 13-340 of the District of Columbia Code. At the hearing, the 
accused may be represented by counsel, may introduced evidence, and 
may examine and cross-examine witnesses. The secretary of the 
Board may administer oaths. The Board shall make a written report 
of its findings, which report, with a transcript of the entire record of 
the proceedings, shall be filed with the Commissioners of the District 
of Columbia, and. if the Board's finding is adverse to the accused, his 
certificate of registration shall stand revoked and annulled at the 
expiration of thirty days from the filing of the report, unless a peti-
77 STAT. ] 
PUBLIC L
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617 
tion for review is filed in the District of Columbia Court of Appeals, 
and a stay is granted, in the manner provided by sections 11-742, 
17-303, 17-304, 17-305 (b), 17-306 and 17-307 of the District of Co-
lumbia Code. 
SKC. T. Tlie second parag'niph of section 10 of the Act of June 7, 
1938 (ch. 322, 62 Stat. 622; D.C. Code, 1961 ed., sec. 2-1110), as 
amended by section 32(b) of the Act of June 25,1948, as amended by 
section 127 of the Act of May 24,1949, is amended to read as follows: 
"An appeal may be taken from the action of the Board to the 
District of Columbia Court of Appeals in the manner provided by 
sections 11-742, 17-303, 17-304, 17-305 (b), 17-306 and 17-307 of the 
District of Columbia Code.". 
SEC. 8. Section 13(a) of the Act of March 3, 1925 (ch. 443, 43 
Stat. 1125; D.C. Code, 1961 ed., sec. 40-302), as amended by section 3 
of the Act of July 3,1926, sections 2 and 4 of the Act of February 27, 
1931, and the Act of May 15,1936, is amended (1) by striking out the 
fourth proviso in the first sentence (being the last proviso in that 
sentence); (2) by striking out the colon preceding that proviso, and 
in lieu thereof inserting a i)eriod; (3) by striking out the second 
sentence, and in lieu thereof inserting: *'An individual whose permit 
is denied, suspended, or revoked by the commissioners or their agent 
may, if application for a review by the conunissioners of an order 
for revocation or suspension is not filed, or if an application for review 
by them is filed, after the commissioners' decision on the review, peti-
tion the District of Columbia Court of Appeals for a review of the 
order or decision in the manner provided by sections 11-742, 17-303, 
17-304, 17-305 (b), 17-306 and 17-307 of the District of Columbia 
Code.". 
SEC. 9. (a) Section 9 of the Act of August 25,1937 (ch. 760, 50 Stat. 
794: D.C. Code, 1961 ed., sec. 46-1409), as amended by section 32(b) 
of the Act of June 25, 1948, as amended by section 127 of the Act of 
May 24, 1949; and as further amended by the Act of June 11, 1960 
(Pub. L. 86-507, § 1(50), 74 Stat. 203), is amended by striking out 
the ninth and tenth sentences of the first paragraph thereof, and in 
lieu thereof inserting the following: "A final decision or determina-
tion of the Commission denying, suspending, or revoking a license 
may be reviewed in the District of Columbia Court of Appeals in the 
manner provided by sections 11-742, 17-303, 17-304, 17-305 (b), 17-
306 and 17-307 of the District of Columbia Code.". 
(b) Section 9 of the Act of August 25, 1937 (ch. 760, 50 Stat. 794; 
D.C. Code, 1961 ed., sec. 45-1409), as amended, is further amended 
by striking out the second paragraph thereof. 
SEC. 10. The first paragraph of paragraph 42 of section 7 of the 
Act of July 1, 1902 (ch. 1352, 32 Stat. 628; D.C. Code, 1961 ed., sec. 
47-2101, first par.), as amended by the Act of July 1,19.32, is amended 
(1) by striking out the colon preceding the proviso therein and the sen-
tence following immediately thereafter, and in lieu thereof inserting a 
period, and (2) by striking out the proviso therein, and in lieu thereof 
inserting: "A person whose application for a license is denied, or 
whose license is revoked or suspended by the commissioners may obtain 
a review of the action of the commissioners in the District of Columbia 
Court of Appeals in the manner provided by sections 11-742, 17-303, 
17-304, 17-305 (b), 17-306 and 17-307 of the District of Columbia 
Code.". 
SEC. 11. (a) Section 1 of the Act of July 16,1912 (ch. 235, 37 Stat. 
192; D:C. Code, 1961 ed., sees. ll-755c, 22-1101,22-2722), as amended 
by section 32(b) of the Act of June 25, 1948, as amended by section 
127 of the Act of May 24,1949, is amended to read as follows: 
"Whoever is convicted of an affray or of keeping a bawdy or dis-
orderly house in the District shall be fined not more than $500 or 
imprisoned not more than one year, or both.". 
618 
PUBUC LAW 88-241-DEG. 23,1963 
[77 STAT. 
(b) Section 2 of tlie Act of July 16, 1912 (ch. 235, 37 Stat. 193, 
D.C. (Jode 1961 ed., sees. ll-765d, 22-507), as amended by section 
32(b) of the Act of June 25, 1948, as amended by section 127 of the 
Act of May 24, 1949; and as amended by section 212 of the Act ap-
proved June 29,1953, is amended to read as follows: 
"SEC. 2. Whoeyer is convicted in the District of threats to do bodily 
harm shall be fined not more than $500 or imprisoned not more than 
six months, or both, and, in addition thereto or in lieu thereof, may 
be required to give bond to keep the peace for a period not exceeding 
one year.". 
SEC. 12. Section 5 of the Act of June 21,1870 (ch. 135,16 Stat. 158; 
D.C. Code, 1961 ed., sec. 32-205), is amended to read as follows: 
"SEC. 5. Members of the Metropolitan Police force of the District 
of Columbia, upon application of a member of the Washington 
Humane Society who has viewed a violation of a law or regulation 
of the District for the prevention of cruelty to animals, shall arrest 
the offending party without a warrant, and take him before the Dis-
trict of Columbia (Jourt of General Sessions for trial. Proper evidence 
of membership to a police officer shall be the exhibition of a badge 
or certificate of membership in the SociPtv.". 
SEC. 13. Section 93 of the Act of March 3,1901 (ch. 854, 31 Stat. 
1203; D.C. Code, 1961 ed., sees. 16-1301, 21-213), as amended by the 
Act of June 30, 1902 (ch. 1329, 32 Stat. 523), is amended to read as 
follows: 
"SEC. 93. If a contract has been made for the sale of lands, tene-
ments, or liereditaments by a person or persons interested therein 
jointly or in common with an infant, idiot, or person non compos 
mentis, for and in behalf of all the persons so interested, which the 
court, upon a hearing and examination of all the circumstances, 
considers to be for the interest and advantage both of the infant, idiot, 
or person non compos mentis and of the other person or persons inter-
ested therein to be confirmed, the court may confirm the contract and 
order a deed to be executed according thereto; and all sales and deeds 
made in pursuance of the order shall be sufficient in law to transfer the 
estate and interest of the infant, idiot, or person non compos mentis 
in the property.". 
SEC. 14. If any part of Part I I of the District of Columbia Code, as 
set out in section 1 of this Act, is held invalid, the remainder of Part I I 
shall not be affected thereby. 
SEC. 15. An inference of a legislative construction may not be drawn 
by reason of the subchapter, chapter, or title in Part I I of the District 
of Columbia Code, as set out in section 1 of this Act, in which any sec-
t ion is placed, or by reason of the catchlines used. 
SEC. 16. Chapter 11 of Title 11 of the District of Columbia Code, 
as set out in section 1 of this Act, does not divest the United States 
District Court for the District of Columbia of jurisdiction and power 
to consider, and to enter and enforce judgments, orders, and decrees 
in any action, application, or proceeding, as described in section 
11-1141 of the Code, filed in the District Court prior to the effective 
date of section 105 of the Act of April 11,1956 (ch. 204, 70 Stat. 112), 
to the same extent as if chapter 11 had not been enacted. 
SEC. 17. (a) Part I I of the District of Columbia Code, set out in 
section 1 of this Act, with respect to the organization of each of the 
several courts and their divisions and branches therein provided for. 
77 STAT. ] 
PUBLIC LAW 88-241-DEC. 23, 1963 
619 
is a continuation of existing law, and tlie tenure of the judges, officers, 
and employees thereof, in office on January 1, 1964, is not affected by 
its enactment, but each of them shall continue to serve in the same 
capacity under the appropriate provisions of Part II, as set out in 
section 1 of this Act, pursuant to his prior appointment. 
Loss of 
rights, interruption of jurisdiction, or prejudice to matters pending in 
any of those courts on the effective date this Act shall not result from 
its enactment. 
(b) The judge of the juvenile court of the District of Columbia 
who, on March 9, 19H2, was occupying the position of judge created 
by the Juvenile Court Act of the District of Columbia, approved June 
52 stat. 596. 
1,1938, shall continue in office and shall be deemed to be occupying one 
of the three positions of judge provided for by section 19 of that Act, 
as amended by the first section of Public Law 87-413, until the term for 
76 stat. 398. 
which he was appointed expires and his successor is duly appointed and 
qualified. 
He shall be entitled to compensation in accordance with the 
provisions of section 19 of the Juvenile Court Act of the District of 
Columbia as amended by the first section of Public Law 87-413. 
(c) Wherever in any law of the United States reference is made 
to the judge of the juvenile court of the District of Columbia the 
reference shall be construed to mean any judge of that court. 
SEC. 18. There are authorized to be appropriated such sums as may 
Appropriation. 
be necessary to carry out the provisions of Part II, District of 
Columbia Code, as set out in section 1 of this Act. 
SEC. 19. The following British statutes, heretofore classified to Part 
I I of the District of Columbia Code, 1961 edition, under the author-
ity of section 1 of the Act approved March 3, 1901 (chapter 854, 31 
Stat. 1189; D.C. Code 1961 ed., sec. 49-301), have no further force 
and effect, as such, in the District of Columbia: 
(1) 9 Henry I I I (1225), chapter 8, sections 1, 2, 3, 4 (D.C. Code, 
1961 ed., sees. 15-213,16-2003 to 16-2005); 
(2) 13 Edward I (1285), chapter 31 (D.C. Code, 1961 ed., sec. 
11-321); 
(3) 14 Edward I I I (1340), chapter 6, section 1 (D.C. Code, 1961 
ed., sec. 13-304); 
(4) 36 Edward I I I (1362), chapter 15, section 1 (D.C. Code, 1961 
ed., sec. 13-201); 
(5) 17 Richard I I (1393), chapter 6, section 1 (D.C. Code, 1961 
ed., sec. 13-219); 
(6) 11 Henry IV (1409), chapter 3, section 1 (D.C. Code, 1961 
ed., sec. 13-307); 
(7) 9 Henry Y (1421), chapter 4, section 1 (D.C. Code, 1961 ed., 
sec. 13-305); 
(8) 4 Henry VI (1425), chapter 3, section 1 (D.C. Code, 1961 
ed., sec. 13-306); 
(9) 8 Henry VI (1429), chapter 12, sections 2, 4 (D.C. Code, 1961 
ed., sees. 13-308 to 13-310); 
(10) 8 Henry VI (1429), chapter 15, section 1 (D.C. Code, 1961 
ed., sec. 13-311); 
(11) 4 Henry V I I (1487), chapter 20 (D.C. Code, 1961 ed., sec. 
13-220); 
(12) 23 Henry V I I I (1531), chapter 15, section 1 (D.C. Code, 
1961 ed., sec. 11-1517) ; 
(13) 18 Elizabeth (1576), chapter 14, sections 1, 2 (D.C. Code, 1961 
ed., sec. 13-314); 
620 
PUBLIC LAW 88-241-DEC, 23, 1963 
[77 STAT. 
(14) 27 Elizahellj (1585), chapter 5, sections 1. 2 (D.C. Code, 11)01 
ed., sees. 13-206,13-207); 
(15) 4 James I (1606), chapter 3, section 2 (D.C. Code, VMM ed., 
sec. 11-1517); 
(16) 21 James I (1623), chapter 13, sections 2, 3 (D.C. Code, 1961 
ed., sec. 13-315); 
(17) 16 Charles II (1664), chapter 7, sections 2, 3 (D.C. Code, 1961 
ed., sees. 16-706,16-707); 
(18) 16 and 17 Charles II (1664), chapter 8, sections 1, 2, 5 (D.C. 
Code, 1961 ed., sees. 13-316,13-317); 
(19) 29 Charles I I (1676), chapter 3, sections 14, 15, 16 (D.C. 
Code, 1961 ed., sees. 15-104,15-207); 
(20) 29 Charles I I (1676), chapter 7, section 6 {D.C. Code, 1961 
ed., see. 13-102);, 
(21) 8 and 9 William and Mary (1697), chapter 11, sections 1, 8 
(D.C. Code, 1961 ed., sees. 11-1518,13-205, 15-111); 
(22) 4 Anne (1705), chapter 16, sections 1, 2, 4, 7, 11, 12, 27 (D.C. 
Code 1961 ed., sees. 13-206, 13-210, 13-212, 13-218, 13-318, 13-319, 
16-101); 
(23) 6 Anne (1707), chapter 18, sections 1, 2, 3, 4, 5 (D.C. Code, 
1961 ed., sees. 16-527 to 16-531); 
(24) 9 Anne (1710), chapter 14, sections 1, 2, 4, 5, 8 (D.C. Code, 
1961 ed., sees. 16-701 to 16-705); 
(25) 9 Anne (1710), chapter 20, section 7 (D.C^. Code, 1961 ed., 
sec. 13-320); 
(26) 5 George I (1718), chapter 13, section 1 (1).(\ (\)de, 1961 ed., 
sec. 13-312) ; 
(27) 4 George I I (1731), chapter 26, section 1 (D.(\ (Vie, 1961 
ed., sec. 13-202); 
(28) 4 George I I (1731), chapter 28, sections 2, 3, 4 (D.C. Code, 
1961 ed., sees. 16-532 to 16-534); 
(29) 6 George I I (1733), chapter 14, section 5 (D.C. Code, 1961 ed., 
sec. 13-203); and 
(30) 11 George I I (1738), chapter 19, section 12 (D.C. Code, 1961 
ed., sec. 16-502). 
Effective date. 
SEC. 20. This Act sliall take effect on January 1, 1964. 
Repeals. 
SBO. 21. (a) The sections of the Revised Statutes of the District of 
Columbia, and Acts or parts of Acts, enumerated in the schedule 
below, are hereby repealed. 
Any rights or liabilities existing under 
the statutes or parts thereof so repealed, and any cases, actions or 
proceedings instituted under, or growing out of, any of the statutes 
or parts thereof so repealed, are not affected by the repeal. However, 
laws becoming effective after August 10, 1963, and inconsistent with 
this Act, shall supersede it to the extent of the inconsistency. 
(b) If any section of the Revised Statutes of the District of Colum-
bia, or act, or part of an act, listed in the schedule below, has been 
repealed heretofore, the fact of its being listed in the schedule below 
shall not b© construed as a revival thereof or as a recognition or 
acknowledgment that the section, act, or part of an act was in force 
at the time of the specific repeal effected by this section. 
77 STAT. ] 
PUBLIC LAW 88-241-DEC. 23, 1963 
Reyised Statutes of the District of Columbia (Vol. 18, Pt II) 
Section 
763 
767 
793 
804 
837 
929 
930 
Page 
91 
91 
94 
95 
99 
108 
108 
D.O. Code—1961 
ed., section 
11-306 
11-308 
15-109 
13-221 
13-222,16-702, 
16-06,16-707 
19-401 
19-402 
Section 
033 
934 
035 
1049 
1065 
1066 
1067 
1068 
Page 
110 
110 
110 
122 
123 
123 
123 
123 
D,C. Code—1961 
ed., section 
19-406 
19-407 
19-408 
ll-748b 
11-7480 
ll-748d 
ll-748e 
Statutes at Large 
Date 
1801—Feb. 27-
1870—June 17. 
June 21 
1876—Mar. 3. 
1877—Feb. 27 
1888—July 9.. 
1889—Mar. 1. 
1891—Mar. 3. 
1892—June 26 
1893—Feb. 9.. 
Feb. 9-
1894—July 30. 
July 30. 
1896—May 25 
1898—June 8.. 
Chapter 
15 
133 
141 
130 
69 
597 
328 
536 
135 
74 
74 
172 
172 
246 
394 
Section 
>12 
>A11 
34 
1 (part) 
2 (part) 
«73 
'AH 
1 
•4 
•10 
1
0 1 
" 3 
'2 1,2,3,4,5,6, 
7, 8, 9,10, 11 
Volume 
26 
Page 
107 
153 
«374 
•253 
246 
848 
(X) 
435 
436 
160 
162 
138 
434-437 
D.C. Code-
1961 ed., 
section 
11-501 
11-601,11-621, 
11-623, 11-624, 
ll-710b, 11-710C, 
11-712 note, 
ll-715a,ll-716b, 
ll-724a, ll-748a, 
11-754 note, 
ll-754a, ll-755a 
11-501 
11-329 
11-306 
14-403 
11-1420 
11-601,11-621, 
11-622,11-623, 
11-624, ll-710b, 
11-710C, 11-712 
note, ll-716a, 
ll-716b, l'-724a, 
ll-748a, 11-754 
note, 11-7 
54a, 
ll-755a 
11-755b 
11-204 
11-206 
11-204 
11-206 
14-308 
11-501,14-404 
> This section was not actually set out as text In D. O. Code, 1961 ed., § 501, cited above, but was cited, 
thereto, perhaps as one of the historical sources thereof. 
> The text of this act was not actually set out In any of the sections of D. C. Code, 1961 ed., cited above, 
but such act was set out In notes under, or cited In the credits to, each such section. 
> This section was not actually set out as text In D. C. Code, 1961 ed., § 11-501, cited above, but was cited 
thereto, perhaps as one of the historical sources thereof. 
• Only the proviso in the first paragraph on this page. 
> Only the provisions commencing on this page and ending on page 254 which strike out section 763 of the 
Revised Statutes of the District of Columbia and substitute a new section so numbered. 
• A.0 added by act Feb. 18,1909, ch. 146, 35 Stat. 629 (636). 
T The text of this act was not actually set out In any of the sections of D. O. Code, 1961 ed., cited above, 
but such act was set out in notes under, or cited in the credits to, each such section. 
i This section was not actually set out as text in D. C. Code, 1961 ed., S 11-204, cited above, but was cited 
thereto, perhaps as one of the historical sources thereof. 
• This section was not actually set out as text in D. C. Code, 1961 ed., S11-206, cited above, but was cited 
thereto, perhaps as one of the historical sources thereof. 
» This section was not actually set out as text in D. O. Code, 1961 ed., S 11-204, cited above, but was 
dted thereto, perhaps as one of the historical sources thereof. 
>
> This section was not actually set out as text in D. C. Code, 1961 ed., S 11-206, cited above, but was 
elted thereto, perhaps as one of the historical sources thereof. 
1
1 No part of this act was actually set out as text In any section of D. C. Code, 1961 ed., but the act was 
cited in its enth-ety to the credits of section 11-501 thereof, cited above, and section 10 of the act was cited 
to section 14-404 thereof, cited above, perhaps as bistorloal sources of those sections. 
621 
622 
PUBLIC L
A
W 88-241-DEC, 23, 1963 
Statutes at Large—Continued 
[77 STAT. 
Statutes at Large 
Date 
1901—Mar. 3 
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854 
854 
854 
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854 
854 
854 
864 
854 
854 
854 
854 
854 
854 
854 
854 
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854 
854 
854 
854 
854 
854 
854 
854 
854 
854 
854 
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854 
854 
^ 
854 
854 
854 
854 
854 
854 
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854 
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854 
854 
854 
854 
854 
Section 
2 
6 
9,10 
12 to 26, 
inclusive 
28,29 
33 to 35, 
inclusive 
37 
38 
41 
42 
43 
44 
45 
46 
47 
48 to 56, 
inclusive 
57 
58,59 
60,61 
65 
72 
86 to 90, 
inclusive 
101 
102 to 110, 
inclusive 
111 
112 
113 to 115 
116,117 
118,119 
120 
121 
123 
126,127 
129 
142 to 145, 
inclusive 
174 
175 
177 
184 
190 to 194, 
inclusive 
195 
196,197 
198 to 204, 
inclusive 
" 204a 
205 to 209, 
inclusive 
212 
215 
»215a 
217 
Volume 
31 
31 
31 
31 
31 
31 
31 
31 
31 
31 
31 
31 
31 
31 
31 
31 
31 
31 
31 
31 
31 
31 
31 
31 
31 
31 
31 
31 
31 
31 
31 
31 
31 
31 
31 
31 
31 
31 
31 
31 
31 
31 
31 
31 
31 
31 
31 
Page 
1190 
1191 
1191 
1191,1192 
1194 
1194,1195 
1195 
1195 
1195 
1196 
1196 
1196 
1197 
1197 
1197 
1197-1199 
1199 
1199 
1199 
1200 
1201 
1202,1203 
1205 
1205-1207 
1207 
1207 
1208 
1208 
1208 
1209 
1209 
1209 
1210 
1211 
1214 
1218 
1219 
1219 
1220 
1221 
1221 
1221 
1222 
1222,1223 
1223 
1223 
1224 
D.C. Code— 
1961 ed.. 
section 
11-101 
11-710 
11-704,11-766 
note 
11-724 to 11-729, 
11-731,11-732, 
11-735 to 11-741 
11-742,11-756 
note 
11-744 to 11-746 
11-747 
11-713 
11-748 
11-601 
ll-755a 
ll-715a 
ll-716a 
H-716b 
11-619 
11-609,11-610, 
11-621,11-623, 
11-624, 11-712 
note, ll-724a, 11-
748a, 11-754 note, 
ll-754a 
ll-724a 
ll-710b, 11-710C 
11-301,11-305 
11-312 
11-319 
16-1302 to 16-1306 
15-110 
13-105 to 13-113 
16-1501 
13-104 
11-326 to 11-328 
11-501,11-503 
11-602,11-504 
19-409 
19-403 
11-513 
11-514,11-516 
11-516 
11-517 to 11-520 
11-401 
11-1505,11-1606 
11-1507 
11-1002 
11-1201 to 11-1205 
11-1206,11-1516 
11-1207,11-1208 
11-1401 to 11-1407 
11-1408 
11-1409 to 11-1413 
11-1416 
11-1417 
11-1418 
11-1420 
" As added by act May 19,1922, ch. 194, 42 Stat. 543. 
" As added by act Feb. 26,1927, ch. 220,44 Stat. 1249. 
77 STAT. ] 
PUBLIC L
A
W 88-241-DEC. 23, 1963 
statutes at Large—Continued 
623 
statutes at Large 
Date 
-Mar. 3 
Do. 
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Do. 
Do. 
Do. 
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Do. 
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Do. 
Do. 
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Do. 
Chapter 
854 
854 
854 
854 
854 
854 
854 
854 
854 
854 
854 
854 
854 
854 
854 
854 
854 
854 
854 
854 
854 
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854 
854 
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854 
854 
854 
854 
854 
854 
854 
854 
854 
854 
854 
854 
854 
854 
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854 
854 
854 
854 
854 
854 
854 
854 
854 
Section 
218,219 
220 
224 
"229 
235 
to 
241, 
inclusive 
243 
to 
251. 
Inclusive 
252,263 
254 
to 
258, 
inclusive 
399 
to 
401, 
inclusive 
412 to 430, 
inclusive 
445 
to 
478. 
inclusive 
477 
483,484 
I
t 
484a 
485 
485a 
486 
to 
491, in-
clusive 
934 
963 
964 
965 
"966 
967 
969,970 
971 
972 
to 974, in-
clusive 
" 974a 
975 
to 
980, 
inclusive 
981 
982 
983 
984 to 
986, 
inclusive 
988 
to 
990, 
inclusive 
992 
to 1010, 
inclusive 
1056,1057 
1058 
to 1060, 
inclusive 
1061 
1062 
1063 
to 
1069, 
inclusive 
1070 
to 
1071, 
inclusive 
1072 
1073 
»
• 
1073a 
1074 
to 1079, 
inclusive 
1080 
to 1084, 
inclusive 
1085 
1086 
to 1091, 
inclusive 
1093 
to 1098 
1100 
Volume 
Page 
1224 
1224 
1224 
1226 
1227-1229 
1229.1230 
1230 
1230.1231 
1262,1253 
1254-1256 
1268-1264 
1264 
1265 
1265 
1266 
1341 
1346 
1345 
1346 
1345 
1345 
1345 
1346 
1346 
1346 
1347 
1347 
1347 
1347,1348 
1348-1350 
1364 
1354-1366 
1356 
1357 
1357,1358 
1358 
1358 
1358 
1368,1359 
1359 
1359 
1359 
1360,1361 
1361 
D.C. Code-
1961 ed., 
section 
11-1301,11-1302 
11-1)04 
11-204 
11-206 
12-101 to 12-107 
12-108 to 12-116 
14-601,14-602 
16-102 to 16-106 
13-301 to 13-303 
16-1701 to 16-1719 
16-301 to 16-332 
16-334 
16-601,16-602 
16-603 
16-604 
16-606 
16-606 to 16-611 
23-103,24-401 
16-416 
16-419 
16-402 
16-403 
16-420 
16-404,16-405 
16-401 
16-406 to 16-408 
16-409 
16-410 to 16-416 
16-422 
16-418 
16-417 
16-501,16-603, 
16-504 
16-605 to 16-507 
16-508 to 16-526 
14-101,14-102 
14-201 to 14-203 
14-103 
14-204 
14-301 to 14-307 
14-401,14-402 
14-406 
14-308 
14-104 
15-201 to 16-206 
15-208 to 15-212 
15-214 
16-301 to 16-306 
16-307 to 16-312 
16-313 
" Ail provisions of this section not heretofoj-e repealed by act July 1,1902, ch. 1352, { 1, 32 Stat. 590 (609). 
•• As added by act Apr. 19,1920, ch. 163, 4i;Stat. 656 (665). 
" As enacted by act Aug. 7,1935, ch. 453, § l, 49 Stat. 6.39. 
>
> As added by act Aug. 7,1936. ch. 453, S 3. 49 Stat. 540. 
624 
PUBLIC LAW 88-241-DEC. 23, 1963 
Statutes at Large—Continaed 
[ 77 STAT. 
statutes at Large 
Date 
Do 
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100}—Tan. 81 
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864 
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6 
1820 
(part) 
1320 
(part) 
1320 
(part) 
1320 
(part) 
1320 
(part) 
1320 
(part) 
1820 
(part) 
Section 
1101 to 1104, 
inclusive 
"1104A 
1105 to 1107, 
Inclusive 
1108,1100 
1110 
1111 
1143 to 1160, 
inclusive 
1206 to 1210. 
inclusive 
1211 
13 to 1214, 
inclusive 
1216,1216 
1217 
1265 to 1270, 
inclusive 
1272 
1273 to 1282, 
inclusive 
1208 to 1300, 
inclusive 
1301 to 1303, 
inclusive 
1529,1630 
1631 
1632,1533 
1634 
1636 
1636 
1637 
16o8tol648, 
inclusive 
1840 to 1662. 
Inclusive 
1663 to 1671. 
Inclusive 
1672,1673 
1 
Volume 
31 
31 
31 
31 
81 
31 
31 
31 
31 
31 
31 
31 
31 
31 
31 
31 
31 
31 
31 
31 
31 
31 
31 
31 
31 
31 
31 
32 
32 
32 
32 
32 
32 
32 
32 
Page 
1361,1362 
1362,1363 
1363 
1363 
1364 
1372.1373 
1380 
1380 
1381 
1381 
1381 
1389 
1300 
1390,1391 
1394 
1394,1395 
1418 
1418 
1418 
1419 
1419 
1410 
1410 
1410-1421 
1421,1422 
1422-1424 
1424 
2 
»621 
U622 
M622 
«623 
"623 
M623 
»'624 
D.C. Code— 
1961 ed.. 
section 
16-216 to 15-218 
15-314 to 15-319 
15-401 to 15-403 
11-1601. 11-1602 
11-1500 
11-1503 
16-801 to 16-808 
16-901 to 16-906 
13-401 
16-101 to 15-103 
16-107. 18-108 
If-106 
12-201 to 12-206 
12-207 
16-1001 to 16-1010 
16-1101 to 16-1103 
16-1201 to 16-1203 
16-1401. 16-1402 
13-217 
13-208,13-209 
13-211 
13-213 
13-101 
13-103 
16-1601 to 16-1611 
16-1801 to 16-1814 
16-1901 to 16-1000 
16-2001,16-2003 
11-1407 
11-724,11-725, 
11-741, 11-744, 
11-746, ll-765note 
11-601,11-610 
11-312 
11-310 
13-106,13-107 
IS-IU 
13-113,16-1601 
» As added by act Aug. 4,1059, Pub. L. 86-130, {1,73 Stat. 276. 
n The provisions on this page amending sections 12,13, 26, 20, 33 and 36 of act Mar. 3,1001, ch. 864,81 
Stat. 1180 (1101,1102,1104,1106). 
» The provisions on this page amending sections 42 and 61 of act Mar. S, 1001, eh. 864,31 Stat. 1180 (1106. 
1108). 
> The provisions on this page and page 623 amending section 66 of act Mar. 3.1001. cb. 864,31 Stat. 1180 
aaoo). 
M The provisions on this page amending section 72 of act Mar. 3,1001, eh. 854,31 Stat. 1180 (1201). 
u The provisions on this page amending sections 102 and 104 of act Mar. 3,1001, ch. 854, 81 Stat. 1180 
(1206,1206).. 
» The provisions on this page and page 624 amending section 108 of act Mar. 8,1001, ch. 864,81 Stat. 1189 
(1206). 
« The provisions on this page amending seotions 110 and lU of act Mar. 8,1001, eh. 864, ll Stat. 1188 
O307). 
77 STAT. ] 
PUBLIC TAW 88-241-DEC. 23, 1963 
Statutes at Large—Continued 
625 
statutes at Large 
Date 
1902—June 30.. 
Do 
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Chapter 
1329 
(part) 
1329 
(part) 
1329 
(part) 
1329 
(part) 
1329 
(part) 
1329 
(part) 
1329 
(part) 
1329 
(part) 
1329 
(part) 
1329 
(part) 
1329 
(part) 
1329 
(part) 
1329 
(part) 
1329 
(part) 
1329 
(part) 
1329 
(part) 
Section 
Volume 
32 
32 
32 
32 
32 
32 
3-i 
32 
32 
32 
32 
32 
32 
32 
32 
32 
Page 
S
8 52fl 
" 625 
»«S2« 
" 627 
3
» 528 
« 5
3
1
1 
- 5d7 
»»5;i7 
M 537 
3»638 
"638 
»6I(1 
«I64I 
«>64l 
"642 
"543 
D.C. Code— 
1961 ed.. 
section 
ll-fi04 
19-403 
ll-5in U) 11-619 
11-401, 11-1201, 
11-1606. 11-1607 
11-204, 12-103, 
16-102 
13 301, 16-310, 
HV-3I1, 16-313, 
16-322, 16-611, 
16-1701 
23-103,24-401 
I« 410, 16-412, 
16-416, 16-601, 
16-5(MI, 16-J>08 
16-611 
16-616, 16 519, 
16-520 
14-201 
14-203, 14-204, 
14-303, 14-305, 
16-206,16-210 
16-212.18-214, 
15-216,16-303, 
16-306 
11-1603 
12-201 to 12-204, 
15-101,15-101 
ia-208,16-1004, 
16-1101,16-1102, 
16-1202 
>
• The provisions on this page amending section 119 of act Mar. 3,1901, ch. 864, 31 Stat. 1189 (1208). 
» The provisions on this page and page 626 amending section 121 of act Mar. 3,1901, ch. 854,31 Stat. 1189 
(1209). 
N The provisions on this page amendiag sections 129,142,143 and 144 of act Mar. 3,1901, ch. 854, 31 Stat. 
1189(1211,1214). 
»• The provisions on this page amending sections 174,175,177 and 190 of act Mar. 3,1901, eh. 854, 31 Stat. 
1189(1218,1219,1221) 
*
> The provisions on this page amending sections 224,237 and 264 of act Mar. 3,1901, cti. 854,31 Stat. 1189 
0224,1228,1230). 
M The provisions on this page amending sections 399, 412, 454,456, 457, 466 and 491 of act Mar. 3,1901, ch. 
854, 31 Stat. 1189 (1252,1254,1261,1262,1263,1266). 
M The provisions on this page amending section 934 of act Mar. 3,1901, ch. 854,31 Stat. 1189 (1341). 
» The provisions on thLs page amending sections 963, 975, 977,984, 989 and 992 of act Mar. 3,1901, ch. 854, 
31 Stat. 1189 (1346,1346,1347.1348). 
'• The provisions on this page and page 638 amending section 996 of act Mar. 3,1901, ch. 854,31 Stat. 1189 
(1348). 
" The provisions on this page amending sections 1000,1003 and 1004 of act Mar. 3,1901, ch. 854,31 Stat. 118S 
(1349,1360). 
>
> The provisions on this page and pages 639 and 640 amending section 1068 of act Mar. 3,1901, ch. 854, 
81 Stat. 1189 (1364). 
>• The provisions on this page amending sections 1060,1062,1065,1067,1079 and 1082 of act Mar. 3,1901, 
ch. 864, 31 Stat. 1189 (1366,1367,1359). 
<• The provisions on this page amending sections 1084,1086,1088,1091 and 1101 of act Mar. 3,1901, cb. 864, 
81 Stat. 1189 (1369,1.360,1361). 
*^ The provisions on this page and page 642 amending section 1111 of act Mar. 3,1901, ch. 864, 31 Stat. 
1189 (1364). 
" The provisions on this page amending sections 1212,1214,1265,1266,1267 and 1268 of act Mar. 8,1901, 
cb. 864, 31 Stat. 1189 (1381,1389). 
« The provisions on this page amending sections 1276,1298,1299,1302 and 1632 of act Mar. 3,1901, ch. 804, 
31 Stat. 1189 (1390,1394,1418). 
93-025 0-64-42 
626 
PUBLIC LAW 88-241-DEC. 23, 1963 
Statutes at Large—Contiiiue<l 
r?? STAT. 
statutes at Large 
Date 
1902—June 30 
-. 
July 1 
--
190g_Mar. 19 
--
D o , 
Do 
---
D o , , 
-.--
Do 
Do 
•-
Do 
Do 
D o 
Do 
-
Do 
Apr. 21 
1907—Feb. 1 
1909_Feb. 17. 
1910—May 18 
1911—Mar. 2 
1912—June 26 
Aug. 23 
Do 
-
1913—Mar. 4 
1916—Sept. 1 
Chapter 
1329 
(part) 
1361 
(part) 
960 
960 
960 
960 
960 
960 
960 
960 
960 
960 
960 
1646 
445 
134 
248 
277 
433 
192 
182 
350 
360 
ISO 
433 
Section 
1 
2 to 26, inclu-
siye.*i 
48 27 
49 28 
««29 t o 32, 
inclusive 
"33 
M 34 to 37, 
inclusive 
«
8 39 to 42, 
inclusive 
M43 
SS45 
1 (part) 
2 
1 (part) 
1 (part) 
1 (part) 
1 (part) 
1 (part) 
1 (part) 
Volume 
32 
32 
34 
34 
34 
34 
35 
36 
36 
36 
36 
37 
37 
37 
37 
39 
Page 
M544 
«661 
73 
73-78 
126 
874 
623-625 
St 404 
464 
864 
"974 
5
8 147 
!»412 
8
0 412 
91964 
M678 
D.C. Code— 
1961 ed.. 
section 
13-103, 13-213, 
16-1605, 16-1803, 
16-1804.16-1806, 
16-1809,16-1901 
ll-1520a 
11-902 
11-101, 11-901 
11-903 to 11-927 
11-928 
11-929 
11-930 to 11-933 
11-934 note 
11-935 to 11-938 
11-939 to 11-942 
11-901 note 
11-942-1 
11-706 
13-103 
11-101, 11-610, 
11-701, 11-704 to 
11-714, 11-724, 
11-725,11-729. 
11-738 to 11-741, 
11-744, 11-745, 
11-748, 11-755 
note, 11-1002, 
11-1205, 15-101, 
15-103,15-209, 
15-313 
ll-710a 
11-1507 
24-102 
11-1204 
11-1204 
11-204 
11-1509 
11-211 
11-1616 
** The provisions on this page amending sections 1635, 1537, 1542, 1551, 1652, 1554, 1557 and 1563 of act 
Mar. 3,1901, ch. 864, 31 Stat. 1189 (1419,1420, 1421, 1422). 
«
5 Only the paragraph on this page, reading as follows: "And hereafter there shall be paid to witnesses-
in cases in the police court of the District of Columbia, not exceeding seventy-five cents per diem for each 
day of attendance, to be allowed only in the discretion of the court." 
« As added by act June 1,1938, ch. 309, 52 Stat. 596. 
" As amended by acts Jime 1,1938, ch. 309, 52 Stat. 596-603; July 2,1940, ch. 526, 54 Stat. 735; Aug. 3, 1961, 
ch. 291, § 4, 65 Stat. 164; June 12,1952, ch. 417, §§ 1, 2, 66 Stat. 134; July 11,1956, ch. 302, § 4, 69 Stat. 270. 
« As added June 1, 1938, ch. 309, 52 Stat. 596 (603). 
« As added June 1, 1938, ch. 309, 52 Stat. 596 (603), and amended June 12, 1952, ch. 417, | 3, 66 Stat. 134. 
M As added by act June 1,1938, ch. 309, 52 Stat. 596 (603). 
" As added by act June 1,1938, ch. 309, 52 Stat. 696 (603, 604). While it was the intent to repeal this sec-
tion by act May 24,1949, ch. 139, § 142, 63 Stat. 110, that act repealed section "33" of the act of June 1, 1938, 
which was not correct. 
«
2 As added by act June 1,1938, ch. 309, 62 Stat. 596 (604). 
M As added by act June 1,1938, ch. 309, 52 Stat. 696 (604, 605). 
» As added by act June 1,1938, ch. 309, 52 Stat. 596 (605). 
M As added by act Mar. 9, 1962, Public Law 87-413, § 5, 76 Stat. 22. 
«
« The first full paragraph on this page. 
»' The proviso in the second paragraph on this page. 
5
8 The two provisos on this page. 
«
» The second proviso on this page. 
M The proviso in the first full paragraph on this page. 
« The proviso in the third paragraph imder the heading "For Courts and Prisons" on this page. 
M The proviso in the sixth full paragraph on this page. 
77 STAT. ] 
PUBLIC LAW 88-241-DEC. 23, 1963 
Statutes at Large—Continued 
627 
statutes at Large 
Date 
192a-Apr. 19. 
1921—Mar. 3. 
1923—Mar. 4. 
1924—Dec. 13. 
1926—Mar. 3. 
1926—Apr. 3.. 
June 14. 
July 3.. 
1928—Apr. 6.. 
May 15 
May 21 
Dec. 
20. 
1929—Mar. 1. 
Do. 
1930—June 19. 
1932—Feb. 11. 
1933—Feb. 28. 
1935—Apr. 11. 
Aug. 7.. 
Do. 
Aug. 22. 
Do. 
193»-Mar. 5. 
May 31. 
1939—Apr. 5.. 
Do. 
July 15. 
July 26. 
1940—June 12. 
1941—Dec. 15. 
1942—Apr. 1.. 
Chapter 
Section 
Volume 
Page 
•» 1 (part) 
41 
565-561, 
563-567, 
669 
1 to 11,. inclu-
sive, 13 
1310-1313 
11-312,11-514, 
11-735,11-746, 
11-1301 to 
11-1304,11-1401 
to 11-1407, 
11-1409 to 
11-1413,13-108, 
13-204,13-214 
to 13-216, 
14-302,14-406, 
16-301,16-311, 
16-421,16-604, 
16-607 
11-701,11-702, 
11-706,11-707, 
11-716,11-716, 
11-717,11-718 
to 11-721,11-724, 
11-726,11-726, 
11-729 to 11-731, 
11-733,11-734, 
11-766 notes, 
11-766 note 
278 
42 
1606 
13-214 
11-1207 
443 
3,4,6 
43 
1119-1121 
11-«01,11-621, 
11-623, ll-715a, 
ll-716a,11-1407 
103 
44 
234 
11-312 
577 
44 
741 
11-1407 
784 
44 
892 
11-1407 
325 
46 
410 
11-1509 
16-333 
669 .
.
- 
- 
45 
««671 
11-211 
(part) 
41 
46 
1056 
10-301 
416 
lto26, 
inclu- 
46 1415-1422 
16-619 
to 
16-644 
439 
46 1437-1439 
16-601 
to 
16-604, 
lfr-606 
to 
16-€11 
637 
46 
786 
11-301 
14-309 
138 
47 
1370 
12-208 
67 
1 to 6, inclu- 
49 
162-154 
16-612 to 16-618 
sive, 7,8 
463 
2 
49 
639 
16-401 
453 
4 
49 
540 
16-421 
m 
49 
681 
ll-716a 
606 
- 
49 
682 
11-1420 
43 
1 to 19, inclu- 
52 
103-107 
11-«)1 to 11-820 
sive, 21 
290 
5 
62 
684 
11-301 
37 
8(a) 
53 
667 
16-312 
37 
8 (b) 
53 
667 
16-305 
281 
1 (part) 
63 
«1009 
11-1619 
367 
53 
1107 
11-330 
333 
1 (part) 
54 
«311 
11-1519 
574 
66 
801 
11-401 
207 
ltol4, 
66 
190-197 
Note prec. 
11-760,11-761, 
11-751 note, 
11-752 to 11-754, 
11-766,11-756, 
11-771,11-772 to 
11-776 
M The provisions of this section amending act Mar. 3,1901, ch. 854,31 Stat. 1189 (D. O. Code), as follows: 
amending sections 20, 35, 65,106,126,198 to 209, inclusive, 218, 219; adding section 219a; amending sections 
220, 446, 455, 485, 491h; adding section 983a; amending section 1064; and adding sections 1073b and 1535a to 
1636d inclusive. 
M The proviso in the second paragraph on this page. 
1 to 14, 
inclusive 
D.C. Code-
1961 ed., 
section 
628 
PUBLIC LAW 88-241-DEC. 23, 1963 
Statutes at Large—Contlnned 
[77 
STAT. 
statutes at Large 
Date 
1M4—June 28-
Dec. 20 
1045—June 80 
1046—July 0... 
Aug. 7 
Aug. 8 
1047—May 15 
July 11. 
July 18 
1048—June 10 
Do 
June 24.... 
7nne35.. 
Do 
1049—May 34 
Do 
Do 
Do 
Do 
Do 
Do 
Do 
JnneSi..- 
, 
July 28 
Oct. 36 
1051—Jan. 11.. 
1003—Mar. 14 
Apr. 15 
1858—June 18_ 
Do 
June 30.. T 
Do 
Do 
1054—June 8 
Do 
Aug. 81 
Do 
1056—July 11.. 
Aug. 0 
106fr-Apr. 11 
July 36 
Chapter 
300 
610 
209 
544 
792 
881 
66 
228 
267 
507 
508 
600 
646 
646 
130 
130 
130 
130 
130 
228 
220 
230 
333 
860 
883 
706 
1325 
104 
206 
128 
130 
150 
160 
150 
373 
373 
1166 
1173 
803 
678 
304 
744 
Section 
16 
1.2,4 
1 (part) 
1 (part) 
1.2 
1 
14,15,16 
24 
136 
136 
137 
138 
130 
140 
3,8 
8,4,5 
1,3.3 
3 to 10, Inclu-
sive. 
1 
1 
1 
1 
403 
408 
410 
1 to 17, inclu-
sive. 
18(b) 
1 
1>* 
1.3 
4 
101 to 106, 107 
(a) (b), 108 
to 114, in-
clusive. 
1 
Volume 
68 
58 
69 
60 
60 
60 
61 
61 
61 
62 
62 
62 
63 
62 
63 
63 
63 
63 
63 
63 
63 
63 
63 
63 
63 
63 
63 
64 
66 
66 
67 
67 
67 
67 
67 
68 
68 
68 
68 
69 
69 
70 
70 
Page 
633 
817-819 
«281 
M510 
889 
931 
92 
312 
381 
487 
487 
570 
988 
990 
108 
108 
108 
109 
100 
100 
213 
213 
214 
215 
482,483 
491 
887 
1240-1243 
24 
60 
66 
66 
102 
107 
108 
241-246 
246 
1043 
1048-1050 
290 
612 
111-113 
676 
D.C. Code— 
1961 ed.. 
section 
11-1519 
16-401,16-403, 
16-312 
11-1521 
11-1521 
19-403 
11-1401 
11-414 
16-610 
ll-754b 
16-1201,16-1208 
12-101 
14-303 
11-204,11-401, 
11-1501 
11-301 
11-305 
11-813 
11-204 
11-200 
14-204 
11-1603 
16-415 
16-418 
13-108 
16-416 
11-763, 11-771 
19-401,19-401 
note, 19-404a 
11-762,11-763, 
11-771 
11-961,11-951 
note, 11-052 to 
11-967 
11-1600 
16-403 
11-767,11-968 
11-736 
11-332 
11-1402,11-1417 
ll-748a, 11-756 
16^208 to 16-224 
16-226 
15-304 
11-772,11-772 
note. 
11-753,11-771 
14-308 
11-752, 11-768 to 
11-770, 16-210, 
16-220. 16-416 
11-766 
« Tbe first proviso on this page. 
M The leoond proviso on tbis paga. 
77 STAT. ] 
PUBLIC LAW 88-242-DEC. 30, 1963 
Statutes at Large—Continued 
629 
Date 
1068—Apr. 23 
Jane 20 
July 18... 
l«6»-Aag.4.... 
Sept. 0. 
1000-Jone 11. 
1081—Sept. e. 
Sept. 14 
Sept. 28 
Oct. 4.. 
ie63-M«r. 0.. 
Aug. 24 
Do. 
Do. 
Oct, 23. 
Do. 
Do. 
1963—July 8.. 
Do. 
Do. 
Aug. 5.. 
Public 
Law 
86-382 
86-483 
88-630 
88-241 
88-607 
87-203 
87-242 
87-318 
87-340 
87-418 
87-698 
87-696 
87-696 
87-873 
87-873 
87-878 
88-60 
88-60 
8a-60 
88-86 
Section 
1.2 
3 
1 
2 
8 
4 
« 
• 
7 
8 
1(48) 
1(47) 
1 
1 
1,3 
1 
t 
4 
8 
1(8) 
1(b) 
2(b) 
2 
8,4 
8 
2,3 
4 
6 
1.2 
Volume 
Page 
07 
218 
308 
277 
277 
377 
377 
378 
378 
378 
478 
203 
203 
470 
613 
881 
760 
21 
22 
398 
1171 
1171 
1172 
77 
78 
78 
117 
Section 
11-068.11-064 
24-103 
11-763 
16-804 
16-813 
16-408 
18-«13 
16-314 note 
16-314 note 
16-320 
11-782 
11-805 
18-818 
11-804 
11-785 
14-310 
11-1607,11-1619 
11-020 
11-004,11-008, 
11-021 to 11-025. 
11-427 to 11-020, 
11-087,11-043 
11-023 
11-043-1 
11-762 
11-771 
11-020 
11-76U 
11-766 
11-766 
ll-1620a 
ll-771a 
11-756,11-766 
11-756 
ll-520a, ll-771a 
11-805 
Approved December 23, 1963. 
Public Law 88-242 
J O I N T R E S O L U T I O N 
December 30, 1963 
To authorize ttie President to issue annually a proclamation designating the^- ^^'J- ^^^- ^^^^ 
first week in Marcli of eacli year as "Save Your Vision Weelc". 
Resolved hy the Senate a/nd House of Representatives 
of the United 
States of America in Congress assembled, That the President of the 
United States is authorized and requested to issue annually a proc-
lamation designating the first week in March of each year as "Save 
Your Vision Week", and inviting the Governors and mayors of State 
and local governments of the United States to issue similar proclama-
tions. The President is further requested to consider including in 
such proclamation an invitation calling upon the press, radio, televi-
sion, and other communications media, txie healtli care professions 
and all other agencies and individuals concerned with programs 
for the improvement of vision to unite during such week in public 
activities to impress upon the people of the United States the impor-
tance of vision to their own welfare and that of our country, and to 
urge their support of programs to improve and protect the vision of 
Americans. 
Approved December 30, 1963. 
Save Your 
Vision Week. 
Annual procla-
mation, authori-
zation.