Page:United States Statutes at Large Volume 30.djvu/475

 436 FIFTYFIFTH CONGRESS. Sess. II. Ch. 394. 1898. ested who at the said time was returned “not to be found" and was proceeded against by order of publication, may file such caveat within two years after the date of said final decree; and any person actually served with process or personally appearing in said proceedings may tile such caveat within one year after said date. —*`”mi”¤ °‘ isms- Sec. 6. That whenever any caveat shall be liled issues shall be framed fjigixkhnutg .m_ under the direction of the court for trial by jury: Provided, That in all J y' cases in which all persons interested are sui juris and are before the court, the issues may be tried and determined by the court without a S°"i°°°¤ *‘°*”·°*°- jury upon the written consent of all such parties. At least ten days prior to the time of trial all of the heirs at law or next of kin of the decedent, or both together, with all persons claiming under the will, shall be each served with a copy of said issues and a notification of the ··*¤‘¤¤°°·°’°· time and place of the trial thereof. If any of them be an infant or of unsound mind he shall have a guardian ad litem appointed for him by Rcwgu ¤f "¤·>¤¤<>\>¤ the court before such trial shall proceed. If, as to any party in interf°“““‘ est, the notification shall be returned “ not to be found," the court shall assign a new day for such trial, and shall order publication at least ‘ twice a week for a period of not less than four weeks of a copy of the issues and notification of trial in some newspaper of general circulation _ _ in the District of Columbia, and may order such other publication as D§{.}'Qf;’ }’,,‘}__,°§}f.1},’,,,{,*f,‘{ the case may require. And the supreme court of the Districtof Columbia may from .timeto time prescribe and revise rules and regulations for service personally upon such party outside of the District of Columbia of a copy of such issues and notification, but personal service upon _ absent defendants shall in no case be essential to the jurisdiction of the Tm court in the premises. Upon the day notified, or such subsequent day as the court shall appoint, the court shall proceed with the trial of said issues, due proof of such publication and, when required, of such personal service being made, and due opportunity being given to any party -¤¤¢•P*i°¤¤- in interest to demand other and further issues. On the trial of any such issue exceptions may be taken to the rulings of the court, which shall be embodied in a bill of exceptions, to be settled and signed by . the justice presiding within such time as may be fixed by the rules of practice prescribed from time to time by the supreme court of the Dis- New ***1- trict of Columbia in general term, and the said justice shall have the same power to set aside the verdict and grant a new trial that is possessed and exercised by the supreme court of the District of Columbia in cases tried with a jury according to the course of the common law, and as to such trials shall have all other powers now vested by law in the supreme court of the District of Columbia holding a special term juQ{Q}_§§f°“‘ ""’* '““ as a circuit court. In all cases in which such issues shall be tried the verdict of the jury and the judgment of the court thereupon shall, subject to proceeding in error and to such revision as the common law provides, be res judicata as to all persons, nor shall the validity of any such judgment be impeached or examined collaterally. mljmjgj :_;Hj_¤;};£ Sec. 7. That in addition to the power and jurisdiction conferred by tr .1e.·»;1t¤».».this Act and by prior laws upon the supreme court of the District of Columbia holding a special term for orphans’ court business, said court is hereby given plenary authority to administer also the real estate situated in the District of Columbia of decedents, so far as may be neces- Me ¤¢' mi ~·¤¤=·¤#- sary for the payment of debts and legacies, and to distribute among those entitled thereto any surplus proceeds of any sale of real estate made in the course of such administration, and that the bonds hereafter executed of all executors and administrators shall be responsible for the proceeds of sale of all real estate sold by them under the order {‘r·z#f·vq- of the said justice for such purposes of administration; Provided, how- `l""““"°"”` ever, That no such sale shall be made unless the same be required for the purposes of paying debts and such legacies as are chargeable upon the real estate, nor until the auditor of the court shall have ascertained and reported a deficiency of personal assets for such purposes, and such report shall be subject to exception.