Chapter LXIII. *to regulate Proceedings before Justices of the Peace in the District of Columbia, and for other Purposes.* Feb. 22, 1867. *Be it enacted, by the Senate and House of Representatives of the United States of America in Congress assembled, * That justices of the peace inCivil jurisdiction of justices t
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CHAP. LXIII.— An Act *to regulate Proceedings before Justices of the Peace in the District of Columbia, and for other Purposes.* Feb. 22, 1867. *Be it enacted, by the Senate and House of Representatives of the United States of America in Congress assembled, * That justices of the peace inCivil jurisdiction of justices the District of Columbia shall have jurisdiction in all cases where the 402 THIRTY-NINTH CONGRESS. Sess. II. Ch. 63. 1867. of the peace in the District of Columbia.amount claimed to be due for debt or damages arising out of contracts, express or implied, or damages for wrongs or injuries to persons or property, does not exceed one hundred dollars, except in cases involving the title to real estate, actions to recover damages for assault, or assault and battery, or for malicious prosecution, or actions against justices of the peace or other officers for misconduct in office, or in actions for slander, verbal or written.
Sec. 2. Rules of practice, forms of pleadings and trials.Bill of fees and costs for such justices and for constables.Execution not to be stayed in certain cases; *And be it further enacted, *That the supreme court of said District shall make and establish rules of practice, and prepare and publish forms of pleadings for bringing all forms of actions, and the trial thereof before said justices of the peace, and shall fix and determine a bill of fees and costs to be taxed and charged by the said justices, and by the constables of said District of Columbia, in all civil suits in said District.
Sec. 3. *And be it further enacted, *That there shall be no stay of execution on any judgment obtained before any justice of the peace for the wages of any servant or common laborer, or upon any judgement for less when to issue in such cases;than five dollars; but execution may issue for the collection thereof immediately, and judgments shall be entered within two days after the trial to be staved in other cases, and for how long, upon security given for debt, costs, &c.of the action.
But on all judgments or fines, except as aforesaid. stay of execution shall be entered as follows: for the sum of five dollars and not exceeding twenty dollars, one month; for all sums over twenty dollars and not exceeding forty dollars, two months; for all sums over forty dollars and not exceeding seventy-five dollars, four months; for all sums exceeding seventy-five dollars, six months; *Provided,* good and sufficient security be entered by a person or persons who may be at the time the owner of sufficient property located in said district, above all liabilities and exemptions, to secure said debt, costs, and interest.
Sec. 4. Justices may issue writs returnable before themselves.Cause may be removed to nearest justice on affidavit, &c. *And be it further enacted, *That all justices of the peace may issue original writs, civil and criminal, returnable before themselves; but any party, or agent, or attorney thereof may have the cause removed to the nearest justice upon filing an affidavit with said justice on the return day or day of trial of said action, that he or she does not believe said justice will give him or her a fair and impartial trial on account of prejudice or other reasonable cause.
Sec. 5. Persons not to be fined, &c. for disorderly conduct, unless, &c.Officers punishable for wanton severity in making arrests. *And be it further enacted, *That no person in said District shall be fined or imprisoned for disorderly conduct, unless such person was personally and individually guilty of acts disorderly in themselves; and any officer in said District who uses unnecessary and wanton severity in arresting or imprisoning any person shall be deemed guilty of assault and battery, and upon conviction thereof punished therefor.
Sec. 6. Defendants to have time to make defence.Bail. *And be it further enacted, *That in all criminal cases or offences charged, the justice having jurisdiction thereof shall allow the defendant reasonable time to prepare for defence or obtain bail, and no exorbitant bail shall in any case be required. Sec. 7. Non-residents not to commence suits without first giving security for costs. *And be it further enacted, *That non-residents of said District shall not commence suit before any justice of the peace therein, without first giving sufficient security for costs.
Sec. 8. Persons arrested on a warrant for assault, &c. to be taken before the justice, and may plead guilty, and pay fine and costs. *And be it further enacted, *That when any person or persons shall be arrested on a warrant for committing an assault, or an assault and battery, or an affray, issued on the complaint of the party injured by any justice of the peace of said District, or in case of an affray, on the complaint of any person who shall have seen the same, every such person or persons shall be taken before the justice who issued the warrant, or if he be absent or otherwise incapable of acting, then before the nearest other justice in said district, and he or they shall be admitted to plead guilty of the charge preferred, and the said justice before whom such plea may be Execution may issue for fine and costs.pleaded shall have power, and he is hereby authorized, to assess such fine or penalty as is authorized by law, and enter judgment therefor against the person so pleading guilty and for cost, and issue execution thereon as in civil cases.
THIRTY-NINTH CONGRESS. Sess. II. Ch. 63, 64. 1867. 403 Sec. 9. *And be it farther enacted, *That all acts or parts of acts of theRepeal of inconsistent laws. legislature of Maryland or of Congress, now in force, inconsistent with the provisions of this act, are hereby repealed, and this act shall takeWhen act to take effect. effect and be in force from and after its passage. Approved, February 22, 1867.