Chapter 100. To extend the jurisdiction of justices of the peace in the District of Columbia, and to regulate the proceedings before them
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CHAP. 100.— An Act To extend the jurisdiction of justices of the peace in the District of Columbia, and to regulate the proceedings before them.February 19, 1895. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,District of Columbia.Jurisdiction of justices of the peace.R. S. D. C., sec. 997, p. 117, amended. That justices of the peace of the District of Columbia shall have jurisdiction to hear, try, and determine all civil pleas and actions, including attachment and replevin, when the amount claimed to be due or the value of the property sought to be recovered shall not exceed three hundred dollars, except in cases where the title to real estate is in issue, actions for malicious prosecution, actions against justices of the peace or other officers for misconduct in office, and actions for slander, verbal or written, and actions for damages for breaches of promise to marry.
Sec. 2. That such jurisdiction shall be exclusive original jurisdictionExclusive jurisdiction. where the amount claimed to be due or the value of the property sought to be recovered shall not exceed one hundred dollars, and original and Concurrent.concurrent with the supreme court of the District of Columbia where the amount claimed to be due or the value of the property sought to be recovered is more than one hundred dollars, but does not exceed three Jury trials.hundred dollars; and where the sum claimed exceeds twenty dollars either party shall be entitled to a trial by jury.
Sec. 3. That no appeal shall be allowed from the judgment of a justiceLimit of appeals. of the peace in any common-law action unless the matter in demand in such action or pleaded in set-off thereto, shall exceed the sum of five dollars, nor unless the appellant, with sufficient surety, approved by FIFTY-THIRD CONGRESS. Sess. III. Ch. 100. 1894.669 the justice, enters into an undertaking to pay and satisfy whatever final judgment may be recovered in the appellate court. Sec. 4.
That writs of attachment shall be issued by justices of theWrits of attachment. peace whenever the plaintiff, his agent, or attorney shall file with said justice of the peace, whether at the commencement or during the pendency of a suit, an affidavit, supported by the testimony of one or more witnesses, showing the grounds upon which he bases his claim,Affidavit as to grounds. and also setting forth that the plaintiff has a just right to recover against the defendant what he claims in his said affidavit, and also stating, either first, that the defendant is a nonresident 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, (hat 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 file his (plaintiff’s) undertaking with sufficient surety, to be approvedBond. by said justice of the peace, to make good all costs and damages which the defendant may sustain by reason of the wrongful suing out of the attachment.
Sec. 5. That if the defendant, his agent, or attorney shall file anIssue to quash writ. affidavit traversing the plaintiff’s affidavit, the justice of the peace shall determine whether the facts set forth in the plaintiff’s affidavit are true, and whether there was just ground for issuing the writ of attachment, and if the facts do not sustain the affidavit the justice of the peace shall quash the writ of attachment or garnishment, and this issue may be tried by said justice of the peace summarily.
Sec. 6. That the thing attached shall not be discharged from theDischarge of property attached. custody of the officer seizing it until the defendant shall deliver to the said justice of the peace, to be filed in the cause, his undertaking, with sufficient surety, to satisfy and pay the final judgment against him: *Provided, however*, That the principal and surety on such undertaking*Proviso*.Limit of bond. shall not be liable in a greater sum than the value of the thing discharged from such attachment as aforesaid, and for costs and disbursements.
Sec. 7. That if the defendant fail to execute such undertaking providedSale of perish able articles, etc. for in the last preceding section, and it shall appear Horn the testimony of disinterested witnesses that any of the property is of a perishable nature, or if the parties to the cause file their consent in writing therefor, the justice may issue, his order directing the officer having custody thereof to dispose of the same as upon execution, and the money realized therefrom shall be paid over to the justice and applied as other money realized from the sale of the property attached is applied.
Sec. 8. That in case the defendant be found liable to the plaintiff’sJudgment for plaintiff. claim, in whole or in part, the final judgment shall be that the plaintiff recover against the defendant and his sureties. Sec. 9. That publication may be substituted for personal service ofPublication for service. process upon any defendant who can not be found in suits by attachment. Sec. 10. That no order for the substitution of publication for personalOrder. service shall be made till a summons for the defendant shall have been issued and returned “not to be found.
” Sec. 11. That the order of publication shall be in the following orForm. equivalent form: IN JUSTICE’S COURT OF THE DISTRICT OF COLUMBIA. Before , esq., a justice of the peace. A. B., plaintiff, } vs. No. C. D., defendant. A summons in due form having been issued out of this court to a lawful constable of this District for the said defendant, and the same 670FIFTY-THIRD CONGRESS. Sess. III. Ch. 100. 1894. having been by said constable returned “not to be found,” it is hereby ordered that said defendant cause his appearance to be entered herein on or before the first Tuesday 189, otherwise the cause will be proceeded with as in case of default.
Sec. 12. That the declaration in replevin shall be in the following orDeclaration in replevin. equivalent form: The plaintiff sues the defendant for (wrongfully taking and detaining) (unjustly detaining) his, said plaintiff’s, goods and chattels, to wit: (describe them) of the value of dollars. And the plaintiff claims that the same be taken and delivered to him; or, if they are eloigned, that he may have judgment of their said value, and all mesne profits and damages, which he estimates at dollars, besides costs.
Sec. 13. That at the time of filing the declaration in replevin, theAffidavit of plaintiff. plaintiff, his agent, or attorney shall file an affidavit, sworn to before the said justice of the peace, stating: First. That according to affiant’s information and belief the plaintiff is entitled to recover possession of chattels proposed to be replevied, being the same described in the declaration. Second. That the defendant has seized and detains, or detains, the same. Third. That said chattels; were not subject to such seizure or detention and were not taken upon any writ of replevin.
Sec. 14. That the plaintiff shall at the same time enter into anBond. undertaking with surety, approved by said justice of the peace, to abide by and perform the judgment of the said justice’s court in the premises. Sec. 15. That if the officer’s return of the writ of replevin be that heReturn of writ. has served the defendant with copies of the declaration, notice to Without goods.plead, and summons, but that he could not get possession of the goods and chattels sued for, the plaintiff may prosecute the action for the value of the same and damage for detention, or he may renew the writ in order to get possession of the goods and chattels themselves.
Sec. 16. That if the officer’s return be that he has taken possessionWith goods. of the goods and chattels sued for, but that the defendant is not to be found, the said justice of the peace may order that the defendant appear to the action by some fixed day; and of this order the justice of the peace shall cause notice to be given by publication in some newspaper of the District at least three times, the first of which shall be at least twenty days before the day fixed for the defendant’s appearance.
Sec. 17. That if the defendant, fails to appear the court may proceed,Proceedings in default. as in case of default after personal service. Sec. 18. That if the defendant appear he may plead not guilty, inPlea of defendant. which case all special matters of defense may be given in evidence, or he may plead specially. Sec. 19. That whether defendant plead and the issue thereon joinedAscertainment of damages. is found against him, or his plea is held bad on demurrer, or he make default after personal service or after publication, the plaintiff’s damages shall be ascertained on the trial, and the damages shall be the full value of the goods, if eloigned by the defendant, including in every case the loss sustained by the plaintiff by reason of the detention, and judgment shall pass for the plaintiff accordingly.
Sec. 20. That if the issue be found for the defendant, or the plaintiffDamages when Judgment for defendant dismiss or fail to prosecute his suit, the judgment shall be that the goods, if delivered to the plaintiff, be returned to the defendant, with damages, or, on failure, that the defendant recover against the plaintiff and his surety the damages by him sustained, to be assessed by the jury trying the issue, or by the justice trying the case without a jury, or, where the plaintiff dismisses or fails to prosecute his suit, by the justice.
Sec. 21. That if the defendant has eloigned the things sued for theGoods eloigned. justice or the jury trying the case may assess such damages as may compel the defendant to return the things. FIFTY-THIRD CONGRESS. Sess. III. Chs. 100, 101. 1895.671 Sec. 22. That the judgment in such cases shall be that the plaintiffJudgment if goods eloigned. recover against the defendant the value of the goods as found, to be discharged by the return of the things with damages for detention, which shall also be assessed by the justice or jury trying the case.
Sec. 23. That when personal property is taken on execution orProperty claimed by other party or to be exempt. attachment issued by a justice of the peace, and such property is claimed by a person other than a defendant therein, or is claimed by the defendant to be property exempt from execution, and such claimant shall give notice in writing to the constable of his claim to such property, or that it is exempt as aforesaid, the constable shall notify the plaintiff in such writ, or his agent or attorney, of such claim, and shall also notify such plaintiff and the claimant before what justice and at what time and place a trial of the right of property shall be had.
Sec. 24. That the trial of the right of property in such cases shall beTrial of right of property. before the justice of the peace who issued such writ, unless removed by change of venue, as now provided by law: or if he should be unable to attend to such trial, before some other justice of the peace in the said District. Sec. 25. That the justice shall enter such cases on his docket, andEntry, etc. the trial shall be had therein in the same manner as in other trials before justices of the peace; and a change of venue may be taken as in other cases.
Sec. 26. That in case the property shall appear to belong to the claimant,Judgment. or to be exempt from execution, judgment shall be entered against the plaintiff in the execution or attachment for costs, and the property levied upon shall be released. If it shall appear that the property does not belong to the claimant, or is not so exempt as aforesaid, judgment shall be entered against said claimant for costs, including such additional costs as shall have been made by the delay in the execution of such writ.
Sec. 27. That an appeal may be taken as in other cases, provided theAppeal. same is prayed on the day of the entering of judgment, and the bond shall be given within six days, Sunday exclusive, from the time of entering of the judgment. Sec. 28. That the judgment in such cases shall be a complete indemnityDuty of constable. to the constable in proceeding to sell or return any such property; and in case of appeal the constable shall return such property unless the party claiming, or the defendant in the execution, or his agent, shall enter into an undertaking, with sufficient security, to be approved by the justice, for the delivery of such property to the officer if the judgment of the court shall be against the party entering into such undertaking.
Sec. 29. That the supreme court of the District is hereby authorizedSupreme court to make rules and forms. to make and establish such additional rules of practice and prescribe forms of process and proceedings rendered necessary by this act, and to alter and amend the same as it may from time to time deem advisable. Sec. 30. That all acts and parts of acts inconsistent with the provisionsRepeal, etc.R. S. D. C., ch. 31, p. 116.Landlord and tenant jurisdiction unchanged.R. S. D.
C., ch. 19, p. 81. of this act are hereby repealed; but nothing herein shall be construed to take away and limit the jurisdiction conferred upon justices of the peace by chapter nineteen of the Revised Statutes of the United States relating to the District of Columbia. Approved, February 19, 1895. Chapter 101: To readjust the salaries and allowances of the postmasters at Guthrie, Oklahoma City, and Kingfisher, in Oklahoma Territory. Chapter 101 28 Stat. 671 1895-02-19 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
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Chapter 100
To extend the jurisdiction of justices of the peace in the District of Columbia, and to regulate the proceedings before them
Stat.28 Stat. 671
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