Page:United States Statutes at Large Volume 31.djvu/1259

FIFTY-SIXT H CONGRESS. Sess. II. Ch. 854. 1901. 1207 Sec. 109. If the court shall be satisfied that said absent or nonresi- ;g;,,g“’“ °°*¤P°¤ dent defendant is non compos mentis, notice may be given to him by H publication as aforesaid, and upon his failure to aplpear such decree or judgment may be passed as the circumstances of the case may require: Provided, That no decree or judgment shall~»be passed unless the case Prvmi- b f H is fully proved; and the court shall assign a solicitor or attorney to Qltiifa; (dttofineyutg represent such nonresident defendant, and suchsolicitor or attorney '€*"€S"“‘· em shall be paid by the complainant or out of the estate of the defendant, at the discretion of the court. _ Sec. 110. UNKNOWN HE1Rs.—Upon allegation under oath, and proof U“k“°‘““ helmsatisfactory to the court, that it is unknown whether one who, if liv» ing, would be a proper party to any judicial proceeding, is living or dead, such party may be proceeded against as if he were living, and with like effect, provided no representative of or claimant under such person shall intervene in the suit before final determination thereof, after notice by publication as in the case of nonresident parties. If such person be dead, and it is unknown whether he died testate —·Wh<=*•¤ deedor left heirs, or his heirs and devisees be unknown, such unknown persons may be described as ·the heirs or devisees of the person who, if living, would be the proper arty, and notice shall be given by publication to such persons accordin to such description, and the same —r¤¤¢¤€¤i¤sS»<¤¤- proceedings shall be had against fiom as are had against nonresident defendants, except that said notice shall be published at least twice a month for such period as the court may order, which period shall not be less than three months without good cause shown, and which notice shall require said parties to appear on or before the first rule day occurring after the expiration of such prescribed period, and no decree shall be passed against said arties unless the court shall be satisfied that due diligence has been used) to ascertain such unknown heirs. Sec. 111. ADVERSE POSSESSION.·—WhBH title to any real estate in {§g;,g;i$0g°§j§§g¤ the District of Columbia shall have become vested in any person or ` persons by adverse possession, the holder thereof may file a bill in the supreme court of the District of Columbia to have such title perfected, in which bill it shall be sufficient to allege that the complainant holds the title to such real estate, and that the same has vested in him, or in himself and in those under whom he claims, by adverse possession; and in such action it shall not be necessary to make any person a party defendant except such persons as may appear to have a claim or title adverse to that of the plaintiff. Upon the trial of such cause, proof of the facts showing title in the plaintiff by adverse possession shall entitle him to a decree of the court declaring his title by adverse possession, and a copy of such decree may be entered of record in the office of the recorder of deeds for said District. In any such action if process shall be returned not to be found, notice by publication may be substituted as in case of nonresident defendants. If in any case it shall be unknown whether one who, if living, would be an adverse party is living or dead, or in the case of a decedent, whether he died testate or left heirs, or his heirs or devisees are unknown, the cause may be proceeded with under the provisions of section one hundred and nine: _ Provided, That the rights of infants or others under legal disability _,{”Q‘Q;f,°,5‘;,,,,,0,, of shall be saved for a eriod of two years after the removal of their disa- rights <>fi¤f¤¤w- bilities: Pro/vided, }i)owe*ver, That the entire period during which such _“m“"f “m°· rights shall be preserved shall not exceed twenty-two years from the time such rights accrued, either in said claimant or in the person or persons under whom he claims. Sec. 112. CORPoRA’1‘1oNs.—In a suit against a corporation, whether €*>’P°mi°¤** foreign or domestic, if process can not be served, such corporation may e proceeded against as a nonresident defendant, by notice by publication. P ‘