Chapter 134. To change the name and jurisdiction of the inferior court of justice of the peace in the District of Columbia
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CHAP. 134.— An Act To change the name and jurisdiction of the inferior court of justice of the peace in the District of Columbia. February 17, 1909.[[S. 6359](/us/bill/70/s/6359).].[[Public, No. 232.](/us/pl/70/232)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That the inferior court knownMunicipal court.District of Columbia.Justice of the peace court to be known as.Present justices to serve unexpired terms. as “justice of the peace” in the District of Columbia shall remain as now constituted, but shall hereafter be known as “the municipal court of the District of Columbia.
” It shall consist of the present justices of the peace of said District, who shall serve as the judges of said court for the unexpired terms of their now existing commissions, and who shall not be required to be recommissioned for said unexpired terms. Thereafter, and upon the expiration of the commission of any of saidAppointments. members, his successor shall be appointed by the President of the United States, by and with the advice and consent of the Senate, forTerms. a term of four years, unless sooner removed as provided by law: *Provided*,*Proviso.*Qualifications.
That no person shall be appointed to said office unless he shall have been a bona tide citizen and resident of said District for the continuous period of at least five years immediately preceding his appointment, and shall either have been a judge of said court for at least one year, or shall have been engaged in the actual practice of law before the supreme court of the District of Columbia for a period of at least five years prior to his appointment. Each judge, when appointed,Oath. shall take an oath for the faithful and impartial performance of the duties of his office.
The judges of said court shall no longer beBond of clerk. required to give bond as heretofore, but a bond shall be given by the 624 clerk of said court, who shall receive and account for all fees as hereinafterSittings. provided. Said municipal court shall sit for the trial of causes in one building to be designated by the Commissioners of the District of Columbia, to be rented by said District of Columbia at a rental notRent. to exceed one thousand eight hundred dollars per annum: *Provided*,Number of judges to be reduced to five.
That the first vacancy occurring in the office of judge in the. municipal court of the District of Columbia, after the passage of this Act shall not be filled, and thereafter the number of said judges shall be five only. The said court and each member thereof shall exercise the sameJurisdiction. jurisdiction as was vested in them as justice of the peace immediately before the passage of this Act. and no more, and shall be governed by the laws then in force, except as said laws and said jurisdiction are expressly changed or enlarged hereby.
Any member of said court may try any case within its jurisdictionTrials. according to law, regardless of the place and residence of the defendant therein. The jurisdiction of said court is hereby increased from threeAmount increased to $500. hundred to five hundred dollars in the class of cases over which it had jurisdiction immediately prior to the passage of this Act; that saidExclusive jurisdiction. jurisdiction shall be exclusive when the amount claimed for debt or damages or the value of personal property claimed does not exceed one hundred dollars, and concurrent with the supreme court of theConcurrent.
District of Columbia when it exceeds one hundred dollars and is not in excess of five hundred dollars, with the same right to remove any case by certiorari, as heretofore, in cases of concurrent jurisdiction. All pending actions and all actions hereinafter instituted shall beAssignment of actions. assigned for trial among the members of said court in nearly equal numbers and in such manner as may be agreed upon between them. The judges of said court shall hold separate sessions as heretofore, and are empowered to make rules for the apportionment of the business between them, and the act of each of said judges respecting the business of said court shall be deemed and taken to be the act of said court.
Each of said judges is hereby empowered to administer oaths. The judges of said court shall receive the annual salary of two thousandSalaries. five hundred dollars in lieu of the salary heretofore provided for justices of the peace by section six of the Code of Law for the DistrictVol. 31, p. 1191, amended. of Columbia, to be paid monthly as heretofore, but they shall not receive the allowance heretofore granted for rent, stationery, and other expenses. In case of sickness, absence, disability, expiration ofService in police and juvenile courts. term of service of or death of either of the judges of the police court or of the juvenile court, any one of the justices of the supreme court of the District of Columbia may designate one of the judges of the municipal court to discharge the duties of said judges until such disability be removed or vacancy tilled.
The justice so designatedOath. shall take the same oath prescribed for these judges. The said court shall have power to appoint a clerk at an annual salaryClerk, etc.Salaries. of one thousand five hundred dollars and an assistant clerk at an annual salary of one thousand dollars, payable monthly by the District of Columbia, which clerks shall hold office at the pleasure of the court. The clerks shall receive and care for all deposits for costs made andDeposit of fees, etc. fees exacted under the rules governing the tee charges of said court, and shall make a weekly deposit with the collector of taxes for the District of Columbia of all fees earned during the preceding week.
He shall return to suitors making such deposits any proportion of aReturn of fees, etc. deposit which shall remain in his hands over and above the earned fees in completed cases, and shall render an itemized statement to the auditor of the District of Columbia of every fee earned, on such forms and in such manner as shall be prescribed by the auditor of the District of Columbia. In case there shall remain in the hands of the said clerkReversion of unclaimed deposits to District. for a term of three years a balance or part of a deposit in any ease which shall not have been called for by the party or parties entitled 625 to receive the same, the same shall revert to the District of Columbia, and be paid forthwith to the collector of taxes as part of the revenues of the District of Columbia.
In all suits in said court process shall be signed by the said clerk orIssue of process. assistant clerk in the name of the court. The assistant clerk may sign the name of the clerk to any official act required by law or by the practice of the court to be performed by the clerk. In such case the signature shall be “— —, Clerk, by— —, Assistant Clerk.” Both the clerk and assistant clerk are hereby given authority to administerOath administered by clerk. oaths in all cases pending in said court, or about to be tiled therein.
The clerk shall perform such other and further duties as may fromOther duties. time to time be prescribed by the municipal court. He shall give bond to the District of Columbia in the sum of five thousandBond. dollars, with surety or sureties to be approved by the Commissioners of the District of Columbia, for the faithful performance of the duties of his office, and the assistant clerk shall give a like bond in the sum of two thousand dollars: *Provided*, That the expenditures*Proviso.*Expenditures limited. to be incurred under any of the provisions of this Act shall not in any case exceed the total amount of revenues and fees of the said municipal court.
The said clerk shall keep a docket similar to the one heretofore providedDocket. for justices of the peace. Approved, February 17, 1909.