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(b) When a person entitled to maintain an action for the recovery of lands, tenements, or hereditaments, or upon an instrument under seal, is under any of the disabilities specified by subsection (a) of this section at the time the right of action accrues, he or his proper representative, except where otherwise specified herein, may bring the action within 5 years after the disability is removed, and not thereafter. § 12–303. Absence or concealment of defendant

(a) When a person who is a resident of the Distriet of Columbia is out of the District or has absconded or concealed himself at the time a cause of action accrues against him, the period limited for the bringing of the action does not begin to run until he comes into the District or while he is so absconded or concealed.

(b) When such a person absconds or conceals himself after the cause of action accrues, the time of his absence or concealment may not be computed as a part of the period within which the action must be brought. § 12–304. Actions stayed by court or statute

When the bringing of an action is stayed by an injunction or other order of a court of justice, or by statutory prohibition, the time of the stay may not be computed as a part of the period within which the action must be brought. § 12-305. Actions against decedents' estates

In an action against the estate of a deceased person, the interval, not exceeding two years, between the death of the deceased and the granting of letters testamentary or of administration may not be computed as a part of the period within which the action must be brought. § 12–306. Directions as to debts in a will

A provision in the will of a testator devising his real estate, or part thereof, subject to the payment of his debts, or charging the same therewith, does not prevent the statute of limitations from operating against the debts, unless it plainly appears to be the testator's intention that it shall not so operate. $12-307. Foreign judgments

An action upon a judgment or decree rendered in a State, territory, commonwealth or possession of the United States or in a foreign country is barred if by the laws of that jurisdiction, the action would there be barred and the judgment or decree would be incapable of being otherwise enforced there. $ 12–308. Actions by the United States

Sections 12-301, 12-302, 12–305, and 12–307 do not apply to an action in which the United States is the real and not merely the nominal plaintiff. $ 12–309. Actions against District of Columbia for unliquidated

3',,' damages; time for notice An action may not be maintained against the District of Columbia for unliquidated damages to person or property unless, within six months after the injury or damage was sustained, the claimant, his agent, or attorney has given notice in writing to the Board of Commissioners of the District of Columbia of the approximate tiine, place,

cause, and circumstances of the injury or damage. A report in writing by the Metropolitan Police Department, in regular course of duty, is a sufficient notice under this section. $ 12-310. Actions arising out of death or injury caused by de

fective or unsafe improvements to real property. (a) (1) Except as provided in subsection (6), any action(A) to recover damages for

(i) personal injury,
(i) injury to real or personal property, or

(i) wrongful death, resulting from the defective or unsafe condition of an improvement to real property, and

(B) for contribution or indemnity which is brought as a result of such injury or death, shall be barred unless in the case where injury is the basis of such action, such injury occurs within the five-year period beginning on the date the improvement was substantially completed, or in the case where death is the basis of such action, either such death or the injury resulting in such death occurs within such five-year period.

(2) For purposes of this subsection, an improvement to real property shall be considered substantially completed when

(A) it is first used, or

(B) it is first available for use after having been completed in accordance with the contract or agreement covering the improvement,

including any agreed changes to the contract or agreement, whichever occurs first.

(6) The limitation of actions prescribed in subsection (a) shall not apply to

(1) any action based on a contract, express or implied, or

(2) any action brought against the person who, at the time the defective or unsafe condition of the improvement to real property caused injury or death, was the owner of or in actual possessiou or control of such real property.

(

AMEND THE NATIONAL CAPITAL TRANSPORTATION ACT OF 1965

HEARINGS

BEFORE

SUBCOMMITTEE NO. 4

OF THE

COMMITTEE ON
THE DISTRICT OF COLUMBIA
HOUSE OF REPRESENTATIVES

NINETIETH CONGRESS

FIRST SESSION

ON

H.R. 11395

AMENDING THE NATIONAL CAPITAL TRANSPORTATION

ACT OF 1965

JULY 26 AND AUGUST 23, 1967

l'rinted for the use of the Committee on the District of Columbia

L

.نتم ت . ت . .

U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 1967

81-966

COMMITTEE ON THE DISTRICT OF COLUMBIA

JOHN L. MCMILLAN, South Carolina, Chairman THOMAS G. ABERNETHY, Mississippi ANCHER NELSEN, Minnesota WILLIAM L. DAWSON, Illinois

WILLIAM L. SPRINGER, Illinois ABRAHAM J. MULTER, New York

ALVIN E. O'KONSKI, Wisconsin JOHN DOWDY, Texas

WILLIAM H. HARSHA, Ohio BASIL L. WHITENER, North Carolina

CHARLES McC. MATHIAS, JR., Maryland B. F. SISK, California

FRANK J. HORTON, New York CHARLES C. DIGGS, JR., Michigan

JOEL T. BROYHILL, Virginia G. ELLIOTT HAGAN, Georgia

LARRY WINN, JR., Kansas DON FUQUA, Florida

GILBERT GUDE, Maryland DONALD M. FRASER, Minnesota

JOHN M. ZWACH, Minnesota
BROCK ADAMS, Washington

SAM STEIGER, Arizona
ANDREW JACOBS, JR., Indiana
E. S. JOHNNY WALKER, New Mexico

JAMES T. CLARK, Clerk
CLAYTON S. GASQUE, Staff Director

HAYDEN S. GARBER, Counsel

SUBCOMMITTEE No. 4

BASIL L. WHITENER, North Carolina, Chairman JOHN DOWDY, Texas

WILLIAM H. HARSHA, Ohio B. J. SISK, California

JOEL T. BROYHILL, Virginia G. ELLIOTT HAGAN, Georgia

GILBERT GUDE, Maryland DON FUQUA, Florida

SAM STEIGER, Arizona BROCK ADAMS, Washington

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