Chapter 125. To enlarge the jurisdiction of the Municipal Court of the District of Columbia, and to regulate appeals from the judgments of said court, and for other purposes
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CHAP. 125.— An Act To enlarge the jurisdiction of the Municipal Court of the District of Columbia, and to regulate appeals from the judgments of said court, and for other purposes. March 3, 1921. [[H. R. 10074](/us/bill/66/hr/10074).] [[Public, No. 365](/us/pl/66/365).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* District of Columbia.Municipal court.Exclusive jurisdiction in civil cases, extended to $1,000.Vol. 35, p.623, amended.
That the Municipal Court of the District of Columbia shall have exclusive jurisdiction in the following civil cases in which the claimed value of personal property or the debt or damages claimed, exclusive of interest and costs, does not exceed $1,000, namely, in the classes of cases over which the court had jurisdiction immediately prior to the passage of this Act, and in actions for the recovery of damages for assault, assault and battery, slander, libel, malicious Concurrent, with supreme court, abolished.prosecution, and breach of promise to marry.
The concurrent jurisdiction of the Supreme Court of the District of Columbia in any such case and the right to remove such cases to said Supreme Court by the statutory writ of certiorari, are hereby abolished. Said Municipal Court Jurisdiction in pending cases.shall also have jurisdiction of civil causes now pending in the Supreme Court which are of the classes and amounts over which the Municipal Court had jurisdiction immediately prior to the passage of this Act and also the actions pending in the Supreme Court over which the municipal court would have jurisdiction if brought under the pro visions of this Act and which may be transferred to it for trial and disposition by order of said Supreme Court.
Sec. 2. Made a court of record, etc.That hereafter said Municipal Court shall be a court of record, shall have a seal, and shall have the same terms of court as those now obtaining, or as hereafter modified, in the circuit branches of the Supreme Court of the District of Columbia. Sec. 3. Jury trials.That hereafter when the value in controversy in any action pending in said Municipal Court shall exceed $20, and in all Authority of trial judge.actions for the recovery of possession of real property, either party may demand a trial by jury.
The trial judge shall conduct such jury trial and according to the practice and procedure now obtain-1311ing, or as hereafter modified, in the Supreme Court of the District of Columbia, and shall have the same power to instruct juries, set aside verdicts, arrest judgments and grant new trials as said Supreme Court. Sec. 4. That jurors for said Municipal Court shall be drawnSelection of jurors, etc. and selected under and in pursuance of the laws now obtaining, or as hereafter modified, concerning the drawing, selection, term of service and mode of filling deficiencies in a panel and shall be subject to the same duties and liabilities, and shall receive the same compensation as petit jurors in the Supreme Court of the District of Columbia, as fully as if such laws directly referred to said Municipal Court, excepting that Additional term allowed.in said Municipal Court there may be an additional term of service to begin on the first Tuesday in August Bills of exception.Vol. 31, p. 1201.of each year, and to terminate on the first Tuesday of October.
Section 73 of the Code of Law of the District of Columbia, relating to bills of exceptions, Drawing of jurors.*Ante*, p. 559.shall apply to said Municipal Court as well as to the Supreme Court of the District of Columbia. At least ten days before the term of service of jurors shall begin, the clerk of the said Supreme Court shall certify to the said Municipal Court, for service as jurors for the then ensuing term, the names of not to exceed thirty-six persons, drawn as Filling deficiencies.directed by law.
Deficiencies in any panel of any such jury may be filled according to the law applicable to jurors in said Supreme Court, and for this purpose any judge of said Municipal Court shall possess all the powers of a judge of said Supreme Court and of said court sitting as a special term. Whenever the judges of the Municipal Court shall certify inAdditional jurors or certificate of court. writing that the business of said court requires the services of additional jurors and shall file a certificate to that effect in the office of the clerk of the Supreme Court of the District of Columbia, said Supreme Court shall direct the clerk of the said Supreme Court to certify to said Municipal Court for service as jurors for the then ensuing terms the names of such number of other persons as may be necessary for such service, which names shall be drawn as directed by law.
Sec. 5. That if neither party shall demand Trials without jury.a trial by jury, or if the value in controversy shall not exceed S20, the case may be tried and determined by any judge of the court, and his finding upon the facts, which may be either general or special, shall have the same effect as a verdict of a jury, with the same right of either party to take an exception to any ruling of the court, and have the same embodied in a bill of exceptions, as in case of a jury trial.
Sec. 6. That all judgments hereafter enteredJudgments in force for six years. by said Municipal Court shall remain in force for six years and no longer, unless the same shall have been docketed in the office of the clerk of the Supreme Court To be a lien if docketed in supreme court.Vol. 31, p. 1381.of the District of Columbia as provided by existing law, in which event they shall be liens as is provided by Chapter XXXVIII of the Code of Law for the District of Columbia for judgments of justices of the peace.
No judgment shall become a lien upon any lands, tenements, or hereditaments until so docketed. Sec. 7. That nonresidents of the District of ColumbiaSuits of nonresidents.Security for costs. may commence suits in said Municipal Court without first giving security for costs, but upon motion Vol. 31, p. 1219.may be required to give such security in pursuance of section 175 of the Code of Law for the District of Columbia. Sec. 8. That upon satisfactory evidence being presentedPoor suitors. to the court or one of the judges thereof that the plaintiff in any suit is indigent and unable to make deposit of costs, such court or judge may, in its or his discretion, permit the prosecution of such suit without the prepayment or deposit of costs. 1312 Sec. 9.
Return of replevined goods and paying money into court, provisions applicable.Vol. 31, pp. 1422, 1418.That section 1557 of the Code of Law for said District, governing the return to defendant of goods and chattels taken by virtue of the writ of replevin, and sections 1529, 1530, and 1531 of said Code of Law, authorizing payment of money into court in certain cases, are hereby made applicable to the said Municipal Court. Attachment proceedings.Vol. 31, p. 1258–1264; Vol. 32, p. 530.The provisions of the Code of Law for the District of Columbia relating to attachments shall apply to attachment proceedings in said Municipal Court.
Sec. 10. Deputy marshals for charge of jurors, etc.That the marshal of the United States in and for the District of Columbia shall designate two of his deputies to take charge of the jurors in the Municipal Court, under the direction of the trial judge, and they shall perform such other services as the judge may require. Sec. 11. Rules of practice, procedure, etc., to be prescribed.That the said Municipal Court, sitting in banc, shall have power to prescribe fees and costs, including the fee to be paid for a jury trial, to make rules of practice, pleading, and Docket fees not applicable.Vol. 31, p. 1363.procedure, not inconsistent with law, and to modify and change the same from time to time, to insure the proper administration of justice.
Section 1109 of the Code of Law for the District of Columbia relating to fees, shall not apply to said Municipal Court. Sec. 12. Appeals to supreme court. D. C., abolished.Bills of exception allowed.That hereafter no appeal shall lie from the Municipal Court to the Supreme Court of the District of Columbia. If in any case in the Municipal Court an exception is taken by any party to any ruling or instruction of the court on matter of law the exception shall be reduced to writing and stated in a bill of exceptions with so much of the evidence as may be material to the question or questions raised, and such bill of exceptions shall be settled and signed by the judge within such time as may be prescribed by the Petition to court of appeals.rules of said court.
Any party aggrieved by any final judgment of said court may seek a review thereof by the Court of Appeals of the District of Columbia by petition under oath setting forth concisely but clearly and distinctly the nature of the proceeding in said court, the trial and judgment therein and the particular ruling or instruction upon matter of law to which exception has been taken, said petition to be presented to any justice of the court of appeals within ten days after the entry of such Issue of writ of error from court of appeals.judgment and with such notice to the opposite party as may be required by rules of said court of appeals.
If the justice shall be of opinion that such judgment ought to be reviewed a writ of error shall be issued from the court of appeals to the Municipal Court which shall send to the court of appeals, within such time as may be prescribed by that court, a transcript of the record in the case sought to be reviewed; and the court of appeals shall review said record and affirm, reverse, Undertaking to be filed.or modify the judgment in accordance ’ with law. Execution of such judgment shall be stayed if the party seeking the review shall within twenty days after the entry of the judgment file in the clerk’s office of the Municipal Court an under taking with surety and penal amount approved by By defendant in action to recover real estate.a judge of the court, to abide by and pay the judgment and the costs of the review if such judgment shall not be reversed; and, when the defendant in an action to recover possession of real estate seeks such review, the undertaking shall also provide for the payment of all intervening damages to the property sought to be recovered and compensation for its use and Submission to jurisdiction of municipal court.occupation from the date of the judgment to the date of the satisfaction thereof if the judgment is not reversed; and in all such undertakings the principal and surety shall submit to the jurisdiction of the Municipal Court and consent to the entry of judgment against them in that court in respect of their undertaking.
Sec. 13. Service of present judges.That each of the present judges of said Municipal Court shall serve until the expiration of his present commission and until 1313his successor is duly appointed and qualified. Each judge hereafterTerm hereafter. appointed shall serve for the term of four years and until his successor is duly appointed and qualified. Sec. 14. That this Act shallIn effect in 90 days. take effect ninety days after its passage. Sec. 15. That all Acts and parts of Acts inconsistent herewithInconsistent laws repealed.*Provisos*.Review of pending cases. are hereby repealed: *Provided*, That nothing herein shall be construed to deprive the Supreme Court of the District of Columbia or the Court of Appeals of the District of Columbia from reviewing and finally determining such cases as may be pending on appeal or certiorari at the time that this Act No present jurisdiction affected.goes into effect: *Provided further*, That nothing herein shall be construed to deprive the said Municipal Court of any jurisdiction possessed by said court at the time Rent profiteering legislation not modified.of the passage of this Act: *Provided further*, That nothing in this Act shall be construed to supersede or modify any of the provisions of Public resolution numbered 31, Sixty-fifth Congress, entitled “Joint resolution to prevent rent profiteering Vol. 40, p. 593.*Ante*, p. 298.in the District of Columbia,” approved May 31, 1918, nor of any provisions of Public law numbered 63, approved October 22, 1919, entitled “An Act to amend an Act entitled, ‘An Act to provide further for the national security and defense by encouraging the production, conserving the supply, and controlling the distribution of food products and fuel,’ approved August 10, 1917, and to regulate rents in the District of Columbia.
” Approved, March 3, 1921.