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evident mistake in the description of any person, thing, or property referred to or mentioned in such award or umpirage, or any evident mistake apparent on the face of such award or umpirage.

2. When the arbitrators shall have awarded upon some matter not submitted, and not affecting the merits of the decision upon matters which were submitted.

3. When the award shall be imperfect in some matter of form, not affecting the controversy, and when, if it had been a verdict, such defect could have been properly amended or disregarded by the court.

SEC. 15. The court shall hear the proof and allegations of the parties to invalidate or sustain such award, and decide thereon, either confirming such award, or may modify and correct the same in the cases prescribed in the last preceding section so as to effect the intent thereof, and shall render judgment on such original or corrected award; or the court may vacate such award for any of the causes herein before specified, at the cost of the parties seeking to enforce such award.

SEC. 16. If such award be confirmed, judgment shall be given in favor of the party to whom any sum of money or damages shall have been awarded, that he recover the same; and if the award shall have ordered any act to be done by either party, judgment shall be entered that such act be done according to such award.

SEC. 17. The costs of the proceedings in court shall be as in civil actions; and if no provision for the fees and expenses of the arbitration shall have been made in the award, the court shall make the allowance therefor.

SEC. 18. When by any judgment of the court on the award, any party shall be required to perform any act other than the payment of money, the court shall have power to enforce the same by attachment until the terms of such judgment shall be complied with.

SEC. 19. If the rule to show cause why judgment should not be rendered on the award be not served personally on the party against whom it was issued, the court shall require proof of the submission and award, and of service of the award.

SEC. 20. Nothing in this chapter contained shall preclude the submission and arbitration of controversies according to the common law. SEC. 21. Arbitrators shall be allowed five dollars per day each for their services, when there is no agreement otherwise.

SECTION

CHAPTER 120.

CAUSES OF ACTION THAT SURVIVE.

SECTION

1. What actions do and what do not sur- 3. When death ensues an action may be

2.

vive.

maintained.

SECTION 1. All causes of action shall survive except where otherwise provided in this chapter.

SEC. 2. All causes of action for an injury to the person or reputation shall survive against the personal representatives of the person committing the injury in favor of the party injured. If such action be brought by the party injured in his lifetime, it shall survive also in favor of his personal representatives against the person committing the injury and his personal representatives. If it be not so brought, it shall not survive, except in the case mentioned in the following section.

SEC. 3. When the death of one is caused by the wrongful act or omission of another, the personal representatives of the former may maintain an action therefor against the latter and his personal representatives. Such action must be commenced within two years, and the damages recovered shall inure to the exclusive benefit of the widow and children, if any, of the deceased, to be distributed in the same manner as his personal property.

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SECTION 1. Judgments and decrees of a court of record for the recovery of money, and judgments obtained before a justice of the peace, may be assigned by the plaintiff or complainant, and the assignees thereof, successively, by an entry on the judgment docket; which assignment shall vest the title to such judgment or decree in each assignee thereof successively.

SEC. 2. Payments or satisfaction on such judgment or decree to the assignor shall be valid if made before actual notice of the assignment to judgment debtor, but not otherwise.

SEC. 3. In case of assignment, execution shall issue in the name of the original plaintiff or complainant, but shall be endorsed, by the clerk or justice, to be for the use of the assignee.

SEC. 4. Any action or proceeding on such judgment or decree which could have been had by or against the plaintiff or complainant, may be maintained by or against such assignee in his own name.

CHAPTER 122.

OF THE CHANGE OF NAMES OF PERSONS AND CORPORATIONS.

SECTION

1. Circuit court may change the names of resident persons or corporations.

2. Public notice to be given by applicant.

SECTION

3. Court, on proof of publication, may make the proper order.

SECTION 1. The circuit court may change the names of persons and corporations on application by petition. The applicant, if a person, must be a resident within this District; and if a corporation, must have its principal office located therein.

SEC. 2. Upon a petition being filed for such change, the applicant shall give notice thereof, by at least four weekly publications in some newspaper published in Washington City, twenty days prior to the first day of the term at which such petition shall be heard.

SEC. 3. Upon proof of the publication required by this chapter, the court shall proceed to hear and determine such petition, and make such order therein as shall seem just and proper.

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SECTION 1. Rent of every kind may be recovered by distress or by action. It may be recovered from the lessee or other person owing it, or his assignee, or the personal representatives of either. It shall not, however, be recovered from a mortgage not in possession, or a trustee not in interest, except by express agreement.

SEC. 2. Rent may be distrained for, within three years from the time it becomes due, and not afterwards, whether the lease be ended or not. The distress shall be made by the marshal or any constable, under a warrant from a justice of the peace, founded upon an affidavit of the person claiming the rent, or his agent, that the amount of money or other thing to be distrained for, (to be specified in the affidavit,) as he verily believes, is due to the claimant for rent reserved upon contract from the person from whom it is claimed.

SEC. 3. The distress may be levied upon any goods and chattels of the lessee, or his assignee or under-tenant, found on the premises, or which may have been removed therefrom not more than thirty days; but the goods and chattels of the under-tenant shall be liable only for rent becoming due after his under-tenancy commenced. If the goods and chattels of such lessee, assignee, or under-tenant, when carried on the premises, are subject to a lien which is valid against his creditors, his interest only in such goods and chattels shall be liable to distress. If any lien be created thereon while they are upon the leased or rented premises, they shall be liable to distress, but for not more than one year's rent, whether it shall have accrued before or after the creation of the lien. No distress shall be levied on any goods and chattels exempt from execution; and no other goods and chattels shall be liable to distress than such as are declared to be so liable by this section.

SEC. 4. If, after the commencement of any tenancy, a lien be obtained or created by deed of trust, mortgage, or otherwise, upon the interest or property in goods and chattels on premises leased or rented, of any person liable for the rent, the party having such lien may remove said goods and chattels from the premises, if in other respects entitled so to do, upon his paying to the person entitled to the rent so much as is in arrear, and securing to him so much as is to become due, the whole amount paid and secured not being more, altogether, than a year's rent in any case. Nothing in this or the preceding section shall affect any lien for taxes.

SEC. 5. Any officer having such distress warrant, if there be need for it, may, in the day time, break open and enter into any house or close in which there may be goods liable to the distress; and may either in the day or night break open and enter into any house or close wherein there may be any goods so liable which have been fraudulently or clandestinely removed from the leased or rented premises.

SEC. 6. Where distress shall be made for rent justly due, and any irregularity or unlawful act shall be afterwards done by the party distraining or his agent, the distress shall not be deemed to be unlawful, nor the party making it be therefore deemed a trespasser from the beginning; but the party aggrieved by such irregularity or unlawful act may, by action, recover full satisfaction for the special damage he shall have sustained thereby.

SEC. 7. Where goods are distrained for rent reserved in a share of the crop, or in any other thing than money, the claimant of the rent having given the tenant ten days' notice, or if the tenant be out of this District, having set up the notice in some conspicuous place on the premises, may apply to the circuit court; and said court having ascertained the value, either by its own judgment, or, if either party require it, by the verdict of a jury empanneled without pleading, may order the goods distrained to be sold, to pay the amount so ascertained.

SEC. 8. On the determination by death or otherwise of the estate or other thing, from or in respect of which any rent, hire, or money coming due at fixed periods, issues, or is derived, or on the death of any person interested in such rent, hire, or money, the person or the personal representative or assignee of the person who would have been entitled but for such death or determination to the rent, hire, or money coming due at any such period, shall have a proportion thereof, according to the time which shall have elapsed of the time for which the said rent, hire, or other money was growing due, including the day of such death or determination, deducting a proportional part of the charges. For the recovering of such proportion, the said person, representative, or assignee shall, after such fixed period, have such remedies as he would have had for recovering the whole of such rent, hire, or other money, if entitled thereto.

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