[Sec. 1293. FORM OF LICENSE.-Licenses to perform the marriage ceremony shall be in the following form:

Number

To any minister or other person authorized to celebrate marriages in the District of Columbia, greeting:]

Sec. 1293. Form of license.-Licenses to perform the marriage ceremony shall be addressed to some particular minister or magistrate authorized by section twelve hundred and eighty-eight hereof to perform the marriage ceremony and shall be in the following form:

To

authorized to celebrate marriages in the District of Columbia, greeting: You are hereby authorized to celebrate the rites of marriage between and of

of

and having done so, you are commanded to make return of the same to the clerk's office of the supreme court of said District within ten days, under a penalty of fifty dollars for default therein.

Witness my hand and seal of said court this...... day of

By
By

anno Domini

Clerk.
Assistant Clerk.

Said return shall be made in person or by mail, on a coupon issued with said license and bearing a corresponding number therewith, within ten days from the time of said marriage, and shall be in the following form: Number

I.

who have been duly authorized to celebrate the rites of marriage in the District of Columbia, do hereby certify that, by authority of a license of corresponding number herewith, I solemnized the marriage of and named therein, on the day of in said District.

......

at

A second coupon, of corresponding number with the license, shall be attached to and issued with said license, to be given by the minister or other person celebrating the marriage to the contracting parties, and shall be in the following form:

Number

.., at

and

were

I hereby certify that on this ............ day of by me united in marriage in accordance with the license issued by the clerk of the supreme court of the District of Columbia.

Name
Residence.

Sec. 1294. DUTY OF MINISTER OR OTHER PERSON CELEBRATING MARRIAGE. Any minister or other person, having solemnized the rites of marriage under the authority of a license issued as aforesaid, who shall fail to make return as therein required, shall be liable to a penalty of fifty dollars upon conviction of said failure upon information in the police court of said district.

Sec. 1295. RECORD.-The clerk of the said court shall provide a record book in his office, consisting of applications and licenses in blank, to be filled up by him with the names and residences of the parties for whose marriage any license may have been issued, said applications and licenses to be numbered consecutively from one upward; and also a record book in which shall be recorded, in the order of their numbers, the certificates of the minister or other persons authorized, upon their return to said office, corresponding to said record book of licenses issued, and a copy of any license and certificate of marriage so kept and recorded, certified by the clerk under his hand and seal, shall be competent evidence of the marriage.

Sec. 1296..SLAVE MARRIAGES.-All colored persons in the District who, previous to their actual emancipation, had undertaken and agreed to occupy the relation to each other of husband and wife, and were cohabiting together as such or in any way recognizing the relation as

existing on the twenty-fifth day of July, eighteen hundred and sixtysix, whether the rites of marriage have been celebrated between them or not, are deemed husband and wife, and are entitled to all the rights and privileges and subject to the duties and obligations of that relation in like manner as if they had been duly married according to law. All the children of such persons shall be deemed legitimate, whether born before or after the date mentioned. When such parties have ceased to cohabit before such date, in consequence of the death of the woman or from any other cause, all the children of the woman recognized by the man to be his shall be deemed legitimate.

Sec. 1297. COLORED PERSONS.-The issue of any marriage of colored persons contracted and entered into according to any custom prevailing at the time in any of the States wherein the same occurred shall, for all purposes of descent and inheritance and the transmission of both real and personal property within the District of Columbia, be deemed and held to be legitimate and capable of inheriting and transmitting inheritance, and taking as next of kin and distributes according to law, from and to their parents or either of them, and from and to those from whom such parents or either of them may inherit or transmit inheritance, anything in the laws of such State to the contrary notwithstanding: Provided, That nothing herein shall be construed as implying that any such marriage is not valid or such issue legitimate for all other purposes.

CHAPTER XLIV.

NAME, CHANGE OF.

Sec. 1298. PROCEEDING FOR CHANGE OF NAME.-Any person, being a resident of the District, desiring a change of name may file a petition in the supreme court holding an equity term setting forth the reasons therefor and also the name desired to be assumed. In case the applicant is an infant, such petition shall be filed by the parent, guardian, or next friend to said infant. The court shall have power, in its discretion, to grant the prayer of such petition.-Act of June 30, 1902.

[Sec. 1298. PROCEEDING FOR CHANGE OF NAME.-Any person of full age, being a resident of the District and desirous to have his name changed, may file a petition in the supreme court setting forth the reasons therefor and also the name desired to be assumed.]

Sec. 1299. NOTICE.-Notice of the filing of such petition, containing the substance and prayer thereof, shall be published once a week for three consecutive weeks in some newspaper in general circulation published in the District prior to the hearing of the petition.

Sec. 1300. DECREE.-The court, or the justice holding an equity term thereof, on proof of such notice and upon such showing as may be deemed satisfactory, may change the name of the applicant according to the prayer of the petition.

269

CHAPTER XLV.

NEGLIGENCE CAUSING DEATH.

Sec. 1301. LIABILITY.-Whenever by an injury done or happening within the limits of the District of Columbia the death of a person shall be caused by the wrongful act, neglect, or default of any person or corporation, and the act, neglect, or default is such as would, if death had not ensued, have entitled the party injured, or if the person injured be a married woman, have entitled her husband, either separately or by joining with the wife, to maintain an action and recover damages, the person who or corporation which would have been liable if death had not ensued shall be liable to an action for damages for such death, notwithstanding the death of the person injured, even though the death shall have been caused under circumstances which constitute a felony; and such damages shall be assessed with reference to the injury resulting from such act, neglect, or default causing such death, to the widow and next of kin of such deceased person: Provided, That in no case shall the recovery under this act exceed the sum of ten thousand dollars: And provided further, That no action shall be maintained under this chapter in any case when the party injured by such wrongful act, neglect, or default has recovered damages therefor during the life of such party.

Sec. 1302. BY WHOM SUIT TO BE BROUGHT.-Every such action shall be brought by and in the name of the personal representative of such deceased person, and within one year after the death of the party injured.

Sec. 1303. DISTRIBUTION OF DAMAGES.-The damages recovered in such action shall not be appropriated to the payment of the debts or liabilities of such deceased person, but shall inure to the benefit of his or her family and be distributed according to the provisions of the statute of distribution in force in the said District of Columbia.

270

CHAPTER XLVI.

NEGOTIABLE INSTRUMENTS.

Sec. 1304. DEFINITIONS.-In this chapter, unless the context otherwise requires

"Acceptance" means an acceptance completed by delivery or noti

fication.

"Action" includes counterclaim and set-off.

"Bank" includes any person or association of persons carrying on the business of banking, whether incorporated or not.

"Bearer" means the person in possession of a bill or note which is payable to bearer.

"Bill" means bill of exchange, and "note" means negotiable promissory note.

"Delivery" means transfer of possession, actual or constructive, from one person to another.

"Holder" means the payee or indorsee of a bill or note, who is in possession of it, or the bearer thereof.

· Indorsement” means an indorsement completed by delivery. "Instrument" means negotiable instrument.

"Issue" means the first delivery of the instrument, complete in form, to a person who takes it as a holder.

"Person" includes a body of persons, whether incorporated or not. "Value" means valuable consideration.

"Written" includes printed, and "writing" includes print.

The person "primarily" liable on an instrument is the person who by the terms of the instrument is absolutely required to pay the same. All other parties are "secondarily" liable.

In determining what is a "reasonable time" or an "unreasonable time" regard is to be had to the nature of the instrument, the usage of trade or business, if any, with respect to such instruments, and the facts of the particular case.

Where the day or the last day for doing any act herein required or permitted to be done falls on Sunday or on a holiday, the act may be done on the next succeeding secular or business day.

In any case not provided for in this [act] chapter the rules of the law merchant shall govern.

The provisions of this chapter do not apply to negotiable instruments made and delivered prior to January twelfth, eighteen hundred and ninety-nine.

Sec. 1305. WHEN NEGOTIABLE.-An instrument to be negotiable must conform to the following requirements:

First. It must be in writing and signed by the maker or drawer. Second. It must contain an unconditional promise or order to pay a certain sum in money.