Page:United States Statutes at Large Volume 31.djvu/1283

 EIFTY-SIXTH CONGRESS. Sess. II. GH. 854.. 1901. 1231 motion of either party, in accordance with said report and account, unless exceptions are Bled theretofor errors in law or fact therein. The party excepting thereto shall point out particularl the item or —¢x¤¤1>¤¤¤¤¤>- items in such report and account excepted to, and state the grounds of such exception, and annex to his exceptions a certificate of counsel that, in his opinion, the matters of law therein stated are well founded in law, an an aflidavit»of ·such party that the exceptions are not Bled for delay, and that the allegations of fact in said exceptions are true, and a copy of said exceptions shall be served on the opposite party or his attorney. ` Sec. 255. TRIAL or ExcErT1oNs.—When such exceptions are Bled, -“““*°**’x°°P*·i°“S- the court shall enter the cause on the trial calendar of the term in which they are Bled in its proper place, and the issues made by said exceptions shall be tried and etermined in the same manner as other issues of law or fact made by the pleadings in an action at common law, and any part of such report and account not so excepted to shall be adjudged to be conclusive between the parties on such trial. _ Sec. 256. DIRECTIONS TO .TURY.—If, in the opinion of the court, j;di;$€*g?%§s$g%¤¤ such issues are so numerous as to create confusion the court may, in P` its discretion, direct evidence to be received and considered by the jury as to a part of said issues, and direct the jury to retire and conclude as to the same before hearing the evidence as to the other issues, and this to repeat as often as may be necessary, the final conclusion of _ the jury as to all the issues to be announced as their verdict; or may submit the different issues to the same jury at different times for their separate verdicts thereon, or submit such issues to different juries; or may pursue such other course as the rules of the court may prescribe to acilitate the determination of such issues. SEo. 257. FRIVOLOUS EXCEPTIONS.—·If only general, immaterial, or t,g;}‘;V¤1¤¤¤ <>¤¤¢P- frivolous exceptions are made or they are Bled without the certiBcate ` of counsel anfailidavit of exceptant, required as aforesaid, they may be overruled by the court or a justice at chambers, on notice and motion, and judgment entered as if no exceptions had been Bled. `Sec. 258. JUDGMENT.-—Upon the conclusion of such trial or trials J¤<¤g¤¢¤f~ the court shall enter judgment upon the auditor’s report as aiiirmed or corrected by the Bndings of the jury. CHAPTER ·FIVE. ADMINISTRATION. Ad¤=i¤i¤§¤¤i¤¤-‘ SUBCHAPTER ONE. EXECUTORS, ADMINISTRATORS, AND COLLECTORS. trgggggiggéggjgi; Sec. 259. ESTATE TO BE ADMINISTERED.—·Ol1 the death of any per- mfstgw whe ¤dmi¤· son domiciled in the District of Columbia leaving real or personal ae ` estate, or both, therein, all his personal estate and so much of his real estate as shall be necessary in addition thereto for the payment of his debts shall be the subject of administration under authority and direction of the probate court. SEo. 260. LIEN or CREDITORS.-OD the death of any person not re-yggjgjgggtgggregf domiciled in the District of Columbia at the time of his death so much dent to pay claims di of his real estate in the District of Columbia as may be necessary for ‘°Sme“°""°°"°”‘ the payment and dischar e of just claims against him of creditorsand persons domiciled in the§)istrict of Columbia shall also be the subject of administration under authority and direction of the robate court, irrespective of the personal estate of such decedent: E’r0w£de0Z, The __§’m”gi;g,PmBcuuug prosecution of such claims is begun in said court within one year after enum. the death of such decedent.