Page:United States Statutes at Large Volume 41 Part 1.djvu/584

 SIXTY—SIXTH CONGRESS. Sess. II. C11. 153. 1920. 563 the address of such fiduciary, which shall be stated in said ower of attorney, any notice or process served upon said re ister as aforesaid. "In the event that any fiduciary shall fail to ile such power of et§°"°i*¤'° °' '*g‘“s· attorney within ten days after the passing of the order of a int- ` ment, such order sha.ll thereupon stand revoked, and he shallpfborfeit all rights to the oli';ice." rl B striking out section 310 and inserting in lieu thereof : §}$‘B,2,,§‘ "g1~:o. 310. Ar1>nArsEas.—On the granting of letters testamentary u§§;1;,°§}» P- mic or of administration or letters of co ection, except in the aforesaid adiéggiaw ormllwtivn excepted cases, a warrant shall issue to two suitable persons not interested in the estate to appraise the estate of the deceased, known to them or shown to them by the executor, administrator, or collector, and they shall severally ta e and subscribe an oath well and truly, without partiality or aprejudice, to value the goods, chattels, and personal estate and re estate (if so directed) of the deceased, as far as ghe same shall come to their knowledge, to the best of their skill an gudgment. _ By striking out section 321 and inserting in lieu thereof: _ Amis °i xmas "Sec. 321.4 DEBT nun BY Anmmrsrnnon on coLLEc'roa.—In hke mI;g§tgmg¤grbg0,;{j manner it shall be the duty of every administrator and collector to wp, I 31 my V0! give in a claim against himself, and on his giving it, or failure so to 32,§_‘mj§;,,,,,,d€,d_ ‘ o, there shall be the same proceeding as above described with regard to an executor; and the same rule shall apply to his siu‘eties." _ mS,,,,,,,,,,,,,_ By stiildxiiiput sections 374, 375, 376, and 377, and inserting in u;’6<;;a°d§1» ¤· im lieu thereof following: _ 1.,,,,,,,, ,,,,,,,,,,d_ "Sec. 374. If the intestate leave a widow or surviving husband ad§1¤£ivi¤z ¤¤¤*>¤¤d and no child, parent, grandchild, brother or sister, or the child of a brother or sister of the said intestate, the said widow or surviving husband shall be entitled to the whole. "S1·:c. 375. If there be a widow or surviving husband and a child or children, or a descendant or descendants from a. child, the widow or surviving husband shall have one-third only. . " Sec. 376. If there be a widow or surviving husband and no child or descendants of the intestate, but the said intestate shall leave a father or mother, or brother or sister, or child of a brother or sister, the widow or surviving husband shall have one—half. HSec. 377. The surplus, exclusive of the widow’s or surviving husband’s share, or the whole smplus (if there be no widow or surviving husband), shall go as follows:’ M,,,,,,,m,,,,_,_ Bv striking out section 445 and insertin in lieu thereof: nX;:a°£¤· P· *2*% "S1·:c. 445. CAUsEs.——In any action at law in the Supreme Court esteemed. _ of the District of Columbia or the municipal court of said District, ,,,’}°$,‘§‘€,§2,u$`$"°f for the recovery of specific personal property, or a debt, or damaggi for the breach of a contract, express or implied, if the plaintid, ° agent or attorney, either at the commencement of the action or pond- Amdmt 0, Chim to ing the same, shall file an andavit showing the grounds of his claim mmm. and setting forth that the plaintiff has a ]ust right to recover what is claimed in his declaration, and where the action is to recover specific {personal property stating the nature and, according to a.fHant’s belie, the value o said property and the robable amount of dam8%°S to which the plaintiff is entitled for the <l)etention thereof, and where the action is to recover a debt stating the amount thereof, and where the action is to recover damages for the breach of a contract setti§ ou t, specifically and in detail, the breach complained of and the actu cmmasm issue to damage resulting therefrom, and also stating either, first, that @16 *’°‘*°°**““‘°“· defendant is a foreign corporation or is not a resident of the District, or has been absent therefrom for at least six months; or, second, that the defendant evades the service of ordin rocess bghconcealmg himself or temporarily withdrawing  §om the `strict; or, third, that he has removed or is about to remove some or all of his