Page:United States Statutes at Large Volume 31.djvu/1266

 12l-t l·`Il·`TY-SIXTH CONGRESS. Sess. II. Ch. 851. 1901. estate, whereupon such proceedings shall be had as by this code are _ N _ _ authorized in regard to wills offered for probate after said date. wills shall also be had in said court; and no person shall be required to serve as a juror more than twenty secular days in anyone year, except in a trial pending and not determined when said term of twenty days expires; and such length of service shall exempt him from further service in the supreme court of the District for one year from the commencement of said service. For the trial of issues not relating to wills the justice holding said court shall have authority to fix the time of trial and determine the notice thereof to be given. €<>S**· Sec. 143. C0sTs.——The said court shall have authority to render judgment for costs against the unsuccessful party in any trial conducted in said court and to issue execution therefor. m§,$§;§§§‘;’;,§;ea{}dg· SEo. Mt. DEPOSITIONS, JUDGMENT, `AND APPEAL.—Th€ said court ' shall have authority to issue commissions to take the testimony of nonresident witnesses, and such_depositions, as well as depositions de bene esse, taken according to law, may be read at the trial of any issue in said court. On the trial of any such issue exceptions may be taken to the rulings of the court, and the said court may set aside the verdict and grant a new trial for the same causes and in the same manner as in ease of a trial in the circuit court. Unless the same be reversed, any iinal order or decree admitting a will to probate shall be conclusive evidence of the validity of such will in any collateral proceeding in which such will may be brought into question, and a transcript of the record of such will, and of the decree admitting the same to probate, shall be sufficient proof thereof. · Ar¤itr¤¤¤¤~ Sec. 145. ARBITRATION.——ThB said court shall have power, with the _ consent in writing of both parties, to 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 arbi— trator. If reserved by the parties in their submission, exception as to matters of law may be filed -to the award of such arbitrator, and the court may confirm or overrule the award, and said award, when confirmed, shall be conclusive between the parties. pa§9lgggt;€e;I§g*¤,;;*g Sec. 146. SALE or REAL EsrArE.—The said court shall have plenary cies. authority to administer also the real estate situated in the District of Columbia of decedents so far as may be necessary for the pa *ment 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 the bonds hereafter executed of all executors and administrators shall be res onsible for the proceeds of sale of all real estate sold by them under tlfie order of the said justice for such pur- Iiiggjgigations poses of administration: Promfdeol, however. That no such sale shall be -qmade 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. · giffgn gg? if b°¤d Sec. 1j17. An order for the sale of the real estate shall not be ` granted if any of the persons interested in the estate shall give bond to the Unite States, with security to be approved by said court, conditioned to pay all the debts or legacies, or both, as the case may be, . that shall eventually be found due, and the costs of administration. d,§§n*g},¤Sr€*;§°°*€S,;*;§ SEo. 148. If the said court shall be satisfied, upon a report of the diminution.auditor, that ifis necessary to sell said real estate, or part thereof, it
 * ""“"f‘r""°‘”‘”“‘*”· Sec. 142. TRIAL or orHER 1ssUEs.——The trial of other issues, pending in said court, than such as relate to the execution or validity of