Page:United States Statutes at Large Volume 31.djvu/1254

 1202 FIFTY-SIXTH CONGRESS. Sess. Il. Ch. 854. 1901. b,,1§,§`{',§gs§$,l;,{,§!;,¥g°$,§ Sec. 81. No appeal from the judgment of any justice of the peace ’prayed to the term next after the rendition of such judgment, unless the court shall be satisfied that the defendant had notice of such judg- _ ment at least ten days before the sitting of court. MEP f“"h°' “*’p€“l· Sec. 82. In no case appealed from a justice of the peace shall there be any further appeal from the judgment of the circuit court. C'“¤l¤¤l wu"- Sec. 83. Tm: CRIMINAL coUR*r.—The trial of crimes and misdemeanors committed in the District of Columbia shall be in the supreme court of the District of Columbia holding a special term as a criminal court, except such misdemeanors as are within the jurisdicton of the _ police court, as to which said court shall have concurrent jurisdiction E"°‘*P"°“S- with said police court. ln all trials in said special term exceptions may be taken by the accused to the rulings of the presiding justice and presented in bills of exceptions in the same manner as in the trial _ _ of civil cases, subject to provisions herein elsewhere contained. D‘S“"‘°‘ ""“"· Sec. 84. Tm; DISTRICT COURT.—Th€ said district court shall have and exercise the same powers and jurisdiction as the other district courts of the United States, and such further special jurisdiction as may from time to time be conferred by Congress, and of all proceed- _ in s instituted in exercise of the right of eminent domain. Eq“""°°““· Sec. 85. EQUITY comm.-The equity court shall have jurisdiction _ of all causes heretofore cognizable in equity and of all petitions for . divorce, except where the relief sought is hereby authorized to be ·;_ given by the probate court only, an shall have the special powers ` ereinafter provided. And the practice in said court shall be according to the established course of equity and rocedure and the rules established by the said supreme court' of the District not inconsistent ' with law.‘ D°“’€”· Sec. 86. DOVVERr··Wh€HBV€1` any person or persons shall hold real estate, by descent or purchase, in the whole of which a widow is entitled to dower, either the widow or any person entitled to said roperty or an undivided share therein may appjy to said court to have the widow’s dower therein assigned; and thereupon the court shall appoint three commissioners to lay off and assign said dower, if practicable, the report of said commissioners to be subject to ratification by the court. In all cases of partition between two or more joint tenants or tenants in common of real estate, in the whole of which a widow is entitled to dower, the said dower shall be laid off and assigned, in like manner, before said partition shall be decreed. iWhen an estate of which a woman is dowable is entire, and the dower can not be set off thereout by metes and bounds, it may be assigned by the court as of a _ third part of the net rents, issues, and profits thereof. colrggjgjf ‘;§,,l"“"“"“ Sec. 87. W'henever the widow of any tenant in common of real ` estate shall be entitled to dower in his undivided share of said property, and a partition shall be decreed between his heirs or devisees and the other tenants in common, the said dower shall attach to and may, in like manner, be assigned and laid out in the shares assigned in severalty to the said heirs or devisees, and the shares of the other tenants in common shall be assigned to them, respectively, in severalty, free from such dower. _ mgljggjf g;r;*§§gI}°€’;;· Sec. 88. Whenever an application is made to the court to decree a ’partition of real estate between tenants in common, it shall not be necessary. to make the wife of any of such persons a party to the proceedings, but her right of dower shall attach to whatever part of such property may be assigned in severalty to her husband, and the other parts thereof shall be assigned free of said right of dower. Assignment of Sec. 89. Whenever a decree is rendered for the sale of land, in the $v(iliii»r¤lIi»Yidi»(i»9;1fidirii whole of which a widow is entitled to dower, if she will not consent to ’°“°· ““°· a sale of the same free of her dower, the court may, if it appears
 * !fL;¤1¤t¤§t>y¤ wr Jude- to the supreme court shall be dismissed because the same had not been