Chapter CIII. to define more clearly the Jurisdiction and Powers of the Supreme Court of the District of Columbia, and for other Purposes
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CHAP. CIII.— An Act to define more clearly the Jurisdiction and Powers of the Supreme Court of the District of Columbia, and for other Purposes.June 1, 1866. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That writs of attachment andWrits of attachment, &c., to be issued by clerk of Supreme Court of District upon affidavit of plaintiff, &c., and giving surety for costs and damages; garnishments shall be issued by the clerk of the supreme court of the District, without any authority or warrant from any judge or justice, whenever the plaintiff, his agent or attorney, shall file in the clerk’s office, whether at the commencement or during the pendency of the suit, an affidavit, supported by the testimony of one or more witnesses, showing the grounds upon which he bases his affidavit, and also setting forth that the plaintiff has a just right to recover against the defendant what he claims in the declaration, and also stating either, first, that the defendant is a non-resident of the District; or, second, that the defendant evades the service of ordinary process by concealing himself or by withdrawing from the District temporarily; or, third, that he has removed or is about to remove some of his property from the District, so as to defeat just demands against him; and shall also file his (the plaintiff’s) undertaking, with sufficient surety or sureties, to be approved by the clerk, to make good all costs and damages which the defendant may sustain by reason of the wrongful suing out of the attachment: *Provided, however,* That if the defendant, his agent or attorney, shall file an affidavit traversing theaay be quashed upon defendant’s filing counter affidavit and after hearing by the Court. said affidavit, the court shall determine whether the facts set forth in said plaintiff’s affidavit are true, and that there was just ground for issuing said writ or warrant of attachment; and if the court shall deem the facts do not sustain the affidavit, he shall quash the writ of attachment or garnishment: and this issue may be tried by a judge at chambers on threeIssue when to be tried.Attached property not to be discharged unless defendant gives surety, &c. days’ notice.
And the thing attached shall not be discharged from the custody of the officer seizing it until the defendant shall deliver, either to the officer or to the clerk, to be filed in the cause, his undertaking, with sufficient surety or sureties, to satisfy and pay the final judgment of the court against him; and in case the defendant be found liable to the plaintiff’s claim, in whole or in part, the final judgment shall be that the plain-Judgment, if for plaintiff.55THIRTY-NINTH CONGRESS.
Sess. I. Ch. 103, 104. 1866.tiff recover against the defendant and his surety or sureties; and if the defendant fail to execute such undertaking, the court may sell the thingProperty attached may be sold. attached whenever it is satisfied that it is the interest of the parties that it should be sold before final judgment. Sec. 2. *And be it further enacted,* That from and after the passage of this act the annual salaries of the chief justice and associate justices ofSalaries of justices. the supreme court of the District of Columbia, instead of the amount now fixed by law, shall be as follows:
For the chief justice, four thousand and five hundred dollars, and for each of the associate justices, four thousand dollars. Approved, June 1, 1866.