Page:United States Statutes at Large Volume 32 Part 1.djvu/589

 FIFTY-SEVENTH CONGRESS. Sess. I. Ch. 1329. 1902. 523 and for other purposes,” approved February ninth, eighteen hundred and ninety-three,’ and an Act of Congress entitled ‘An Act relative to Vol. 31, p. ass. the suit instituted for the rotection of the interests of the United States in the Potomac River Ibllatsf approved March second, nineteen hundred and one, as if the Act entitledp‘An Act to establish a Code of vol. 31, p. uso. Law for the District of Columbia,’ approved March third, nineteen hundred and one, had not been passed. ’ Amend section 72 by strikin out at the end thereof the words Kfj*;l,§{,‘},$}·°, ,u_ "according to existing law” am? inserting in lieu thereof the words Mreeu vvirdire- “And provided fart/ner, That nothing herein contained shall affect the ° '31' p` m1' right of the fparties to have all or any of the jurors examined on their voir dire be ore the list is prepared to determine their competency to sit in the particular case." Aénei1d”section 73 by striking out in the fourth line thereof the $§§l",}}’°,{f“}},*gff~ wo a. Amend section 75 by striking out in the sixth line thereof the words Vol.31»P. 1211. “the justice in the." 1 Strike out the whole of sections 81 and 82. ·§,{’}{°g}S*{f'Q*;‘,§,j°°¤*— Amend section 83 b striking out at the end thereof the words lnxceplnoximéuauai " subject to provisions herein elsewhere contained." ‘ °°iiZiQs1,p,1m_ Amend section 93 by striking out in the fourth line thereof the $'Q,{‘g}°‘;· lm words “who was such at the date of this code;" also bly striking ouf` the last twenty-one lines of said section after the wor "P1·¢wzded," fgfjfgtim ,6 W and inserting in lieu thereof the words "That in every case of parti- rename tion any tenant in common who may have received the rents and profits of the property to his own use may be required to account to his cotenants for their respective shares of said rents and profits, and any amounts found to be ue on said accounting may be charged against the share of the party owing the same in the property, or its proceeds in case of sale.” Amend section 102 so that it will read as follows: "Smo. 102. Pnocmss Aoanvsr INFANTS.·—WhBDOV8P an infant is a ,,§{S$§°°“ “¤°*“** *°· party defendant in any suit, in equity or at law, the subpoena or sum- E0!-3hcr31205._ mons issued in such suit shall be served u n him personally, and also 1..wi°Z7K °°°`m° °° the person with whom he resides if undgr sixteen years of age, if within the District, and said infant shall in such case be produced in court, unless, for cause shown, the court shall dispense with his appearance; and it shall be the duty of the court to appoint a suitable an competent person guardian ad litem for such infant, to appear for and defend such suit on his behalf, and whenever in the judgment of the court the interests of such infant shall require it the court shall assign a solicitor or attorney to re resent such infant, whose compensation shall be paid by the plaintiff: or out of the estate of such in ant, at the discretion of the court." Amend section 104 by striking out in the second line thereof the words m§;“ °°'“P°' P°’· "equity suit, the subpoena"and inserting in lieu thereof the words "suit mrggcess an la w. at law, or in equity, process." Vol.·8l, p. ms. Amend section 108 so that it will read as follows: “ Sec. 108. Every such order shall be published at least once a week m,S,‘,’f"*°° *’¥ ¥’“*’“°* for three successive weeks, or oftener, or for such further time as may v¤1. 31, p. ms. be specially ordered; and no order or decree shall be passed against said absent or nonresident defendant upon proof of notice by such publication unless the complainant, plaintiff, is agent, or solicitor, or attorney shall file in the cause an ath avit showing that at least twenty days before ap lying for such order or decree he mailed, postpaid, a copy of said adlirertisement, directed to the party therein ordered to appear, at his last known place of residence, or that he has been unab e to ascertain the last place of residence of said party after diligent effort to ascertain the same. On failure of the defendant to appear in E¤*'Y°'**°°¤’°°·°*<= obedience to said notice within the time named therein, a decree or