40. The commission shall issue in the name of the criminal court, and under its seal, 3 March 1865 2 6. and must be signed by the clerk, and need contain nothing but the authority con- Issuing of comferred upon the commissioner and instructions to guide him, a statement of the cause mission. in which the testimony is to be used, and a copy of all the interrogatories filed, appended.

Ibid. 27.

41. The person before whom any of the depositions above contemplated are taken must cause the interrogatories appended to the commission to be written out, and the Duties of comanswers thereto to be inserted immediately underneath the respective questions; the missioner. whole, when completed, being read over by or to the witness, must be by him or her subscribed and sworn to, in the usual manner.

42. All exhibits produced before the person taking the deposition, or proved or Ibid. 28. referred to by any witness, or correct copies thereof, must be appended to the deposi- Exhibits to be tions, and returned with them, unless sufficient reasons be shown for not so doing.

annexed.

Ibid. § 9.

43. The person taking the deposition shall attach his certificate thereto, stating that it was subscribed and sworn to by the deponent at the time and place therein mentioned; Commissioner's the whole, including the commission and interrogatories, must then be sealed up and certificate. returned to the clerk of the criminal court of the District of Columbia, by mail, unless the defendant and the district attorney agree upon some other mode; and when received by said clerk, he shall open the package and place the deposition on file in his office.

44. Unimportant deviations from any of the above directions shall not cause the deposition to be excluded, where no substantial prejudice could be wrought to the government by such deviation.

45. Subject to the regulations hereinbefore contained, the court may establish further rules for taking depositions and all other acts connected therewith.

Ibid. 2 10.

Ibid. 11.

15 Stat. 324.

commissions from

46. Any party to any suit depending in any court of any state or territory of the 3 March 1869 2 1. United States, or of any foreign nation, may obtain the testimony of any witness residing in, or temporarily within the District of Columbia, to be used in such suit. Execution of When a commission to take such testimony shall have issued from the court in which other states or such suit is pending, or a notice shall have been given according to the rules of practice tios. from foreign naprevailing in such court, on producing the same to a justice of the supreme court of the District of Columbia, and on due proof being made to such officer that the testimony of any witness residing in the district, or temporarily within it, is material to the party desiring the same, such officer shall issue a summons to such witness, requiring him to appear before the commissioners named in such commission or notice, to testify to such suit. Such summons shall specify the time and place at which such witness is required to attend, which shall be within the District of Columbia.

47. If a suit be pending in any court of any state or territory of the United States, or of any foreign nation, and it shall satisfactorily appear by affidavit, to any officer named in the next preceding section, or to the judge of the orphans' court, or any commissioner for the taking of depositions appointed by the supreme court of the district

I. That any person residing or temporarily dwelling in the District of Columbia is a material witness for either party to such suit:

II. That no commission or notice to take the testimony of such witness has been issued or given: and

III. That according to the course and practice of the court in which such suit is pending, the deposition of a witness taken without the presence and consent of both parties will be received on the trial or hearing of such suit:

Such officer shall issue his summons requiring such witness to appear, before him, at a place within the district, at some reasonable time, to testify in such suit.

Ibid. 2.

when process to heste

issue for wit

Ibid. 23.

48. The officer before whom such witness shall appear shall take down his testimony in writing, and shall certify and transmit the same to the court before which such suit How testimony is pending, in such manner as the practice of the court may require. If any person to be taken. shall refuse or neglect to appear at the time and place mentioned in the summons issued Process of conin accordance with this act, or if, on his appearance, he shall refuse to testify, he shall be liable to the same penalties as would be incurred for a like offence, on the trial of a suit.

tempt.

49. Every witness appearing and testifying under this act shall be entitled to receive, from the party at whose instance he has been summoned, the fees now provided by law Fees of witnesses. for each day he shall give attendance.

Ibid. 24.

V. SET-OFF.

50. Mutual debts between the parties to an action, or between the testator or intes- 22 Feb. 1867 25. tate of both parties, or either party, may be set off against each other, by plea in bar,

22 February 1867. whether the said debts be of the same or a different nature; and if either debt arose Right of set-off. by reason of a penalty, the exact sum to be set off shall be stated in the plea.

Ibid. § 4.

Plea of set-off.

Judgment.

Set-off of judg

ments.

5 Feb. 1867 1. 14 Stat. 389.

51. The plea of set-off may be: "That the plaintiff, at the commencement of the suit was and still is indebted to the defendant in the sum of - dollars, for, as appears by the particulars of the said debt, hereunto annexed; and he is willing that the same may be set off against the plaintiff's demand." And upon the trial of an issue upon said plea, judgment shall be for the balance found due, whether to the plaintiff or defendant, with costs. Mutual judgments recovered in said court may be set off against each other, on motion of either party; and the court shall award execution for the balance found due against the party chargeable therewith.

VI. EXECUTION.

52. The following property, being the property of the head of a family or householder, shall be exempt from distraint, attachment, levy and sale on execution or decree Property exempt of any court in the District of Columbia: Provided, however, That this exemption shall

from execution.

Rights in ex

not interfere with the foreclosure of any mortgage or deed of trust executed before the passage of this act, to wit: all wearing apparel belonging to all persons, and to all heads of families, being householders; all beds, bedding, household furniture, stoves, cooking utensils, and so forth, not exceeding three hundred dollars in value; provisions for three months' support, whether provided or growing; fuel for three months; mechanics' tools and implements of the debtor's trade or business amounting to two hundred dollars in value, with two hundred dollars' worth of stock for carrying on the business of the debtor or his family; the library and implements of a professional man or artist, to the value of three hundred dollars; one horse, mule or yoke of oxen; one cart, wagon or dray, and harness for such team; farming utensils, with food for such team for three months, and if the debtor be a farmer, any other farming tools of the value of one hundred dollars; all family pictures, and all the family library, not exceeding in value four hundred dollars; one cow, one swine, six sheep. And no deed

empted property of trust, bill of sale or mortgage upon any of said exempted articles, shall be binding or valid, unless signed by the wife of the debtor, if he be married and living with his wife; and these exemptions shall be valid when the said property is in transitu, the same as if the property were at rest: Provided, however, That no property named and exempted in this act, shall be exempted from attachment or execution for any debt due for the wages of servants, common laborers or clerks, except the wearing apparel, beds and bedding, and household furniture and provisions, for the debtor and family.

22 Feb. 1867 2 4. 14 Stat. 403.

53. There shall be no supersedeas, or stay of execution, of the judgments of the supreme court of the District of Columbia, otherwise than by injunction, or upon pro

Stay of execution ceedings in error to the supreme court of the United States.

in supreme court. Ibid. 21.

Effect of sale under decree in equity.

16 Jan. 1863 2 1. 12 Stat. 635.

54. In case of the sale of things, real or personal, under a decree in equity, the decree confirming the sale shall divest the right, title or interest sold out of the former owner, party to the suit, and vest it in the purchaser, without any conveyance by the officer or agent of the court conducting the sale; and of this transfer of title the decree shall be notice to all the world, when a copy thereof shall be registered among the land records of the district; nevertheless, the court may order its officer or agent aforesaid to make a conveyance, if that mode be deemed preferable, in particular cases.

VII. PENAL CODE.

55. All persons who shall hereafter be convicted by the criminal court of the District of Columbia of any offence, the punishment of which by law shall be confinement in Imprisonment of the penitentiary, shall be confined, during the term for which they shall be sentenced by

convicts.

Ibid. 22.

said court, in some suitable prison in a convenient state, where they can be employed at suitable labor, to be designated by the secretary of the interior.

56. It shall be the duty of the secretary of the interior to contract with the managers Duty of secretary. or superintendent of a suitable prison, in some convenient state, for the imprisonment and subsistence and proper employment of all prisoners who shall be convicted in said court of such offences, on the best terms that he can; and he shall, on or before the first day of each term of the criminal court of the District of Columbia, inform said court in writing of the designation and location of the prison in which he shall have made provision for the confinement and support of prisoners; and said court shall sentence all persons who shall, during said term, be convicted of such offences, to confinement at hard labor in the prison so designated.

57. It shall be the duty of the secretary of the interior, to make suitable provision for the safe transportation of all prisoners to the prison to which they shall be sentenced by the court, and until they shall be so transported they shall be confined in the jail of Washington city.(a)

58. The secretary of the interior shall also cause to be paid from such appropriations 16 Jan. 1863 2 5. the sum of ten dollars to each prisoner, when he or she shall be legally discharged, to enable such prisoner to reach the point he or she may wish to go to.

Payment to discharged convicts. Ibid. 26.

59. Whenever a suitable penitentiary shall be erected in the District of Columbia, and completed for the reception of prisoners, it shall be the duty of the secretary of Transfer to penithe interior, to cause to be transferred to such penitentiary, all persons who shall then tentiary. be imprisoned outside of the District of Columbia, under sentence of the criminal court of said district.

12 Stat. 823.

to all

60. That the provisions of the act entitled "An act to provide for the imprisonment 28 Jan. 1863 2 1. of persons convicted of crime by the criminal court of the District of Columbia," approved the 16th day of January 1863, be and are hereby made applicable to all persons Extended to led who had been convieted of crime by the criminal court of the District of Columbia and of crime. sentenced to confinement in the penitentiary prior to the date of the act herein named, and subsequent to the transfer legalized by the fourth section thereof, and their transfer to the penitentiary at Albany, in the state of New York, in the present month, by order of the president of the United States, is likewise hereby legalized and declared valid; and the said persons so transferred shall continue in confinement in said prison until the expiration of their several terms of imprisonment, or until they shall be legally discharged or removed.

13 Stat. 12,

warden.

61. The president of the United States shall appoint, by and with the advice and 29 Feb. 1864 2 1. consent of the senate, some suitable person to be warden of the jail in the district of Columbia, (a) who shall hold his office for the term of four years, and who shall receive Appointment of an annual salary of sixteen hundred dollars, which shall include all fees and emoluments. And said warden shall annually, in the month of November, make a detailed report to the secretary of the interior.

Ibid. 2

62. The said warden shall have the exclusive supervision and control of the jails in said district, and be accountable for the safe-keeping of all the prisoners legally com- His powers and mitted thereto, and shall have all the power and discharge all the duties heretofore duties. legally exercised and discharged over said jails and the prisoners therein by the marshal of the said district.

Ibid. § 3.

63. The warden of the penitentiary in the said district, upon the order of the supreme court of said district, or the secretary of the interior, shall transport all convicts sen- Transportation tenced to imprisonment beyond the limits of said district, to the place of confinement, of convicts. receiving therefor the actual expenses of himself, guard and of each convict. And in case of absence or other disability of said warden, the warden of said jail, having the custody of said convicts, shall, upon order as aforesaid, transport them to the place of confinement, receiving therefor the compensation aforesaid.

Ibid. 24.

64. Said warden shall, before entering upon the duties of the office, execute to the United States a bond for the faithful performance of the duties thereof, in the penal Bond of warden. sum of five thousand dollars, with sureties, to be approved by some judge of the supreme court of said district.

13 Stat. 75.

65. It shall be the duty of the warden of the jail in the District of Columbia, when- 12 May 1864 24. ever any person confined in said jail shall be adjudged to suffer death, to carry such judgment into execution; but nothing in this act, nor "An act to authorize the appoint- Execution in ment of a warden of the jail in the District of Columbia," approved February 29th 1864, shall be construed to impair or interfere with the authority of the marshal of the said district, to commit persons to said jail, or to produce them in open court, or before any judicial officer when thereto required. And it shall be the duty of the warden of said jail to receive such prisoners, and to deliver them to said marshal or his duly authorized deputy, on the written request of either, for the purpose of taking them before any court or judicial officer as aforesaid.

13 Stat. 421,

66. That the second section of an act entitled "An act for the punishment of crimes 13 Jan. 1865 2 1. in the District of Columbia," approved March 2d 1831, (6) be and the same is hereby amended so as to read as follows: That every person duly convicted of manslaughter, Punishment of or of any assault with intent to kill, shall be sentenced to suffer imprisonment and labor, for the first offence, for a period not less than two nor more than eight years, for the second offence, for a period not less than six nor more than fifteen years.

14 Stat. 251.

67. The unlawful tapping of any water-pipe laid down in the District of Columbia, 25 July 1866 2 1. by authority of the United States, is hereby declared to be a misdemeanor and an indictable offence; and any person who may be indicted for and convicted of such Unlawfully tapoffence in the criminal court of the District of Columbia, shall be subject to such fine as the court may think proper to impose, not exceeding five hundred dollars, or to imprisonment for a term not exceeding one year. And it is hereby made the special

ping government

water-pipes.

25 July 1866.

22 Feb. 1867 2 1. 14 Stat. 406.

Grand larceny.

Ibid. 2 2.

Larceny or destruction of secu

rities, &c.

Ibid. § 3.

duty of the commissioner of public buildings to bring to the notice of the attorney of the United States for the District of Columbia, or to the grand jury, any infraction of this law.

68. If any person shall steal any money, or other personal goods or chattels, the property of another, of the value of thirty-five dollars or upward, the person so offending shall be deemed guilty of larceny, and upon conviction thereof, shall be imprisoned in the penitentiary, and kept at hard labor, not more than three years, nor less than one year.

69. If any person shall steal, or maliciously and feloniously destroy, any bank bill, promissory note or notes, bill of exchange, order, receipt, warrant, draft, check or bond, given for the payment of money, or receipt acknowledging the receipt of money or other property, or any government bonds or other securities, or stamps, United States treasury notes, or any public stocks, of the value of thirty-five dollars or upward, knowing the same to be such, any such person shall be deemed guilty of a misdemeanor, and on conviction thereof shall be imprisoned in the penitentiary, and kept at hard labor, not more than three years, nor less than one year.

70. If any person shall receive or buy any goods or chattels, or bank bill or bills, Receiving stolen or promissory note or notes, bill of exchange, order, receipt, draft, warrant, check or

goods, &c.

Ibid. § 4.

Petit larceny.

Receiving.

Ibid. § 5.

bond, given for the payment of money, or any government bond, United States treasury note or notes, or other securities, or government stamps, or stocks, of the value of thirtyfive dollars or upwards, which have been stolen, knowing the same to be stolen, with intent to defraud the owners thereof, every person so offending shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be imprisoned in the penitentiary, and kept at hard labor, not more than three years, nor less than one year.

71. If any person shall steal any money, or other goods and chattels of any kind whatever, of less value than thirty-five dollars, the property of another, or shall steal or maliciously destroy any bank bill, promissory note, bill of exchange, order, warrant, draft, check or bond, or any accountable receipt for money, given for the payment or acknowledgment of any sum under thirty-five dollars, or any United States treasury note, or government stamps, of less value than thirty-five dollars, the property of another; or shall receive or buy the same, knowing the same to be stolen, for the purpose of defrauding the owner thereof; every such person so offending, on conviction thereof, shall make restitution to the party injured, in twofold the value of the property stolen or destroyed, and be fined in any sum not exceeding two hundred dollars, or shall be imprisoned in the jail of said district, for any time not exceeding six months, or both, at the discretion of the court.

72. If any clerk or servant of any private person, or any copartnership (except Embezzlement. persons within the age of sixteen years), or any officer, agent, clerk or servant of any incorporated company, shall embezzle or convert to his own use, or fraudulently take, make way with, or secrete, with intent to embezzle or fraudulently convert to his own use, without the assent of his master or employers, any money, goods, rights of action, government bonds, United States treasury notes, or government stamps, or other valuable security or effects whatever, belonging to any other person, which shall come into his possession, or under his care, by virtue of such employment or office, he shall, upon conviction, be punished in the manner prescribed by law for feloniously stealing property of the value of the article or property so embezzled, taken or secreted, or of the value of any sum of money payable or due upon any right in action so embezzled. 73. Every embezzlement of any evidence of debt, negotiable by delivery only, and

Ibid. 26.

What to be deem- actually executed by the master or employer of any such clerk, agent, officer or servant, but not delivered or issued as a valid instrument, shall be deemed an offence within the meaning of the last preceding section.

ed embezzlement.

Ibid. 27.

led property.

74. Every person who shall buy, or in any way receive, any money, goods, rights in Receiving embez- action, government bonds, United States treasury notes, or other valuable security or effects whatever, or government stamps, knowing the same to have been embezzled, taken or secreted, contrary to the provisions of the two last sections, shall upon conviction, be punished in the same manner, and to the same extent as therein prescribed, upon a conviction of a servant, clerk or agent for such embezzlement.

Ibid. 28.

75. If any carrier or other person, to whom any goods, money, right in action, or Larceny and em- any valuable personal property or effects, shall have been delivered to be transported

or carried, for hire, or any person employed in such transportation or carrying, shall, without the assent of his employer, take, embezzle or convert to his own use, such goods, money, right in action, property or effects, or any part of them, and before delivery of such article, at the place or to the person entitled to receive them, he shall, upon conviction, be punished in the manner prescribed by law for feloniously stealing property of the value of the article so taken, embezzled, converted or secreted.

76. All persons sentenced to imprisonment in the jail of said district may be em- 22 Feb. 1867 29. ployed at such labor, and under such regulations, as may be prescribed by the supreme Convicts to be court of said district, and the proceeds thereof applied to defray the expenses of the kept at labor. trial and conviction of any such person.

77. It shall be the duty of the supreme court of said district to make such rules for Ibid. 2 10. the government and discipline of the prisoners confined in said jail, as shall be deemed Rules for governnecessary for the health, security and the protection of said prisoners from cruel treat- ment of jails. ment by any person in charge thereof.

78. On the trial of any person charged with a crime, the punishment whereof may Ibid. 11. be confinement in the penitentiary or district jail, the defendant shall be entitled to Challenges of four peremptory challenges of jurors.

jurors.

79. In all criminal trials, the said supreme court, or the judge trying the case, may Ibid. & 12. allow such number of witnesses on behalf of the defendant, as may appear necessary, Payment of deand the fees thereof, with the costs of service, to be paid in the same manner as govern

ment witnesses are now paid.

fendant's wit

nesses.

15 Stat. 342.

80. The supreme court of the District of Columbia shall have authority to appoint 3 March 1860 21. a suitable person to act as warden of the jail of said district, and to remove said officer whenever, in the opinion of said court, the public interests may require it, and to fill all Appointment of vacancies which may occur.

warden of jail.

Ibid. 2 2.

81. The warden of said jail shall have authority to appoint such subordinate officers, guards and employés as are necessary for the proper management and safe-keeping of of subordinate prisoners, which now are or may hereafter be authorized by law, subject to the approval officers. of the chief justice of said court.

VIII. JUSTICES OF THE PEACE.

14 Stat. 401.

82. Justices of the peace in the District of Columbia shall have jurisdiction in all 22 Feb. 1867 2 1. cases, where the amount claimed to be due for debt or damages arising out of contracts, express or implied, or damages for wrongs or injuries to persons or property, does not Civil jurisdiction. exceed one hundred dollars; except in cases involving the title to real estate, actions to recover damages for assault, or assault and battery, or for malicious prosecution, or actions against justices of the peace or other officers for misconduct in office, or in actions for slander, verbal or written.

Ibid. 22.

83. The supreme court of said district shall make and establish rules of practice, and prepare and publish forms of pleadings, for bringing all forms of actions, and the trial Rules of practice. thereof before said justices of the peace; and shall fix and determine a bill of fees and Costs. costs to be taxed and charged by the said justices, and by the constables of said District of Columbia, in all civil suits in said district.

Ibid. 23.

84. There shall be no stay of execution on any judgment obtained before any justice of the peace, for the wages of any servant or common laborer, or upon any judgment Stay of execufor less than five dollars; but execution may issue for the collection thereof imme- tion. diately, and judgments shall be entered within two days after the trial of the action. But on all judgments or fines, except as aforesaid, stay of execution shall be entered as follows: for the sum of five dollars and not exceeding twenty dollars, one month; for all sums over twenty dollars and not exceeding forty dollars, two months; for all sums over forty dollars and not exceeding seventy-five dollars, four months; for all sums exceeding seventy-five dollars, six months: Provided, good and sufficient security be entered by a person or persons who may be at the time the owner of sufficient property located in said district, above all liabilities and exemptions, to secure said debt, costs and interest.

Ibid. 24.

85. All justices of the peace may issue original writs, civil and criminal, returnable before themselves; but any party, or agent or attorney thereof, may have the cause Process. removed to the nearest justice, upon filing an affidavit with said justice on the return Removal of day, or day of trial of said action, that he or she does not believe said justice will give him or her a fair and impartial trial, on account of prejudice or other reasonable cause.

causes.

Ibid. 25.

86. No person in said district shall be fined or imprisoned for disorderly conduct, unless such person was personally and individually guilty of acts disorderly in them- Disorderly conselves. And any officer in said district who uses unnecessary and wanton severity in duct. arresting or imprisoning any person, shall be deemed guilty of assault and battery, and upon conviction thereof, punished therefor.

87. In all criminal cases, or offences charged, the justice having jurisdiction thereof shall allow the defendant reasonable time to prepare for defence or obtain bail; and no exorbitant bail shall in any case be required.

88. Non-residents of said district shall not commence suit before any justice of the peace therein, without first giving sufficient security for costs.

89. When any person or persons shall be arrested on a warrant for committing an

Arrests.

Ibid. 26.

Bail in criminal

cases.

Ibid. 27.