Lapas attēli

shall so detain the same, or a judgment debtor or any person claiming under him, since the date of the judgment, shall so detain possession of real property, after a sale thereof under an execution issued on such judgment, it shall be lawful for any justice of the peace, on complaint under oath by the person aggrieved by said unlawful detention, to issue a summons to the party complained of to appear and show cause why judgment should not be given against him for the restitution of the possession. Nealy v. John- Sec. 21. SUMMONS.-The summons shall be served Settlemier v. Sul- seven days, exclusive of Sundays and legal holidays, 444; sec. 685, R. S. before the day fixed for the trial of the action. If the defendant has left the District of Columbia, or can not be found, said summons may be served by delivering a copy thereof to the tenant, or by leaving the same with some person above the age of sixteen years residing on or in possession of the premises sought to be recovered, and if no one be in actual possession of said premises, or residing thereon, by posting a copy of said summons on the premises where it may be conveniently read.

son, 29 L. R., 833;

livan, 97 U. S.,

D. C.

Sec. 686, R. S. D. C.

Brown v. Slater,

23 D. C. App., 56;

Sec. 22. JUDGMENT.-If upon the trial it appears that the plaintiff is entitled to the possession of the premises, judgment and execution for the possession shall be awarded in his favor, with costs; if the plaintiff becomes nonsuit or fails to prove his right to the possession, the defendant shall have judgment and execution for his costs. Sec. 23. PLEA OF TITLE.-If upon the trial the defendMcFarlane v. Kir- ant pleads title to the premises, in himself or in another 391; sec. 687, R. s. under whom he claims, setting forth the nature of said title, under oath, and shall enter into an undertaking, with sufficient surety, to be approved by the justice, to pay all intervening damages and costs and reasonable intervening rent for the premises, the justice shall certify the proceedings to the supreme court of the District of Columbia, and the same shall be further continued in said court according to its rules.

by, 28 D. C. App.,

D. C.

Brown v. Slater, 23 D. C. App., 55.

Sec. 1060.

Sec. 24. JUDGMENT NOT A BAR.-A judgment, either before the justice or in the supreme court, upon appeal in this proceeding, shall not be a bar to any after action brought by either party or conclude any question of title between them, where title is not pleaded by the defendant as aforesaid.

Sec. 25. WITNESSES.-Justices of the peace shall have power to compel the attendance of witnesses from any part of the District of Columbia by attachment and to punish them for disobedience, as well as to punish anyone for disorder or contempt committed in their presence, by fine not exceeding ten dollars or imprisonment not exceeding ten days.

Sec. 26. NONRESIDENT WITNESSES.- -Where the testimony of nonresident witnesses is required by either party the justice may, upon motion designating the names of such witnesses, appoint an examiner to take such testimony, to whom he shall issue a commission; and said tes

mony shall be taken on written interrogatories and crossinterrogatories, which written interrogatories shall be filed with said justice at least three days before the issue of such commission: Provided, That such commission shall not issue unless the party, or his agent or attorney, applying therefor file his affidavit, setting forth that he believes that the testimony of said witnesses is material to the issue in said suit and that the motion is not made for the purpose of delay. (32 Stat., 521.)

Sec. 27. DEATH OF JUSTICE.-In case of. the death, or inability to act, of any justice or the expiration of his commission after judgment rendered by him and before execution is issued thereon, any other justice, upon a copy of said judgment being filed with him, may issue execution thereon, which shall be returned to the justice issuing the


Sec. 28. SATISFACTION OF JUDGMENT.-No judgment or execution shall be recorded as satisfied without the receipt of the plaintiff or his attorney annexed thereto.

Scire facias may issue to revive

Ct. D. C.; Green

App. 243; sec.

1022, R. S. D. C.

Sec. 29. DOCKETING JUDGMENT IN SUPREME COURT. After recovering a judgment for twenty dollars or more, ex- judgment of Sup. clusive of costs, before a justice of the peace, the judgment v. Mann, 19 D. C. creditor may, when execution is returned "No personal property found whereon to levy," file in the clerk's office of the supreme court of the District a certified copy of said judgment, which shall be docketed in the docket of law causes in said office in the same manner as appeals from justices are there docketed; and when it is docketed the force and effect of the judgment for all purposes shall be the same [as to lien and execution] as if it had been a judgment of the said supreme court. (32 Stat., 521.)

Groff v. Miller, 20 D. C. App.,

Chapman, 35 L.

20 D. C

Sec. 30. APPEAL.-Where the debt or demand or the value of personal property claimed exceeds five dollars, 353; Ridenour v and in actions for the recovery of possession of real estate R., 719; Key v. as aforesaid, either party who may think himself ag- Robert91; Robgrieved by the judgment or other final order of a justice ertson v. Suther. of the peace may appeal to the supreme court of the District; such appeal to be prayed within six days after the entering of the judgment.

land, 22 D. C. App.,599; Schrotv. C. App., 421, 424; U. S. v. Barnard, 24 D. C. App., 8;

Schoenfeld, 23 D.


12 D. C. App., 237;

ing, 25 D. C. App.,

S., D. C.; one

Sec. 31. UNDERTAKING. No appeal shall be allowed un- schrot v. Schoenless the appellant, with sufficient surety, approved by the feld, 231; Fidel: justice, shall enter into an undertaking to satisfy and ity Co. v. Beck, pay whatever final judgment may be recovered in the 13 D. C. App. 264; appellate court, and agree that such judgment may be Bundy v. Darlentered against principal and sureties. Such undertak- 459; sec. 1028, R. ing must be given within six days, exclusive of Sundays surety sufficient, and legal hoildays, after the entry of judgment. And Simpson v. Gulwhere said undertaking has been given the justice shall 250; Dowling v immediately file the original papers, and a copy of his App., 207: Daviddocket entries, in the office of the clerk of the supreme son. Mitchel, 34 court, and notify the appellant or his attorney thereof. (32 Stat., 521.)

Sec. 32. PRACTICE.-The practice and forms of proceeding in trials before justices and in trials of appeals

81254°-11- -2

sippi, 38 L. R.,

L. R., 309.

Appeal from justice of the peace,

ertson v. Barnard,

son, 25 D.C.App.,

237; 28 Stat., 668.

from justices, so far as not herein directed, shall be governed by the rules of said supreme court.

Sec. 33. CLAIMANT OF PROPERTY LEVIED ON. -When 34 L. R. 285; Rob- personal property taken on execution or other process 24 D. C. App., 8, issued by a justice of the peace is claimed by a person 9; Brown v. Peter- other than the defendant therein, or is claimed by the 359:15 D. C. App., defendant to be property exempt from execution, and 72; 33 D.C. APP such claimant shall give notice, in writing, to the marshal of his claim, or the defendant shall give notice, in writing, that the property is exempt, the marshal shall notify the plaintiff of such claim and return said notice to the justice who issued the execution, and a trial of said right of property, or said question of exemption, shall be had before said justice.

Dowling v. Buc

key, 27 D. C.

ex rel. Robertson

Sec. 34. The case made by such claim shall be entered App. 208; U. S. on the justice's docket as an action by the claimant or the v. Barnard, 24 D. defendant against the plaintiff and tried in the same manner as other cases before justices of the peace.

C. App., 9; 28
Stat., 668.

309; undertaking

R., 717; David

L. R., 309; Ap

R., 285; Bundy v.

Davidson v. Sec. 35. In case the property shall appear to belong to Mitchel 34 L. R., the claimant or to be exempt from Lexecution] such on appeals, 35 L. process, judgment shall be entered against the plaintiff son v. Mitchel, 34 in the execution] for costs, and the property levied peals from justice upon shall be released. If the property shall not appear of the peace, 34 L. to belong to the claimant or to be exempt, as aforesaid, Darling, 25 D. C. judgment shall be entered against said claimant or the App., 459; 28 defendant, as the case may be, for costs, including addiRidenour. tional costs occasioned by the delay in the execution of Chapman, 35 L. R., 719. the writ. An appeal may be taken from the judgment, as in other cases, provided the same is prayed within four days after the entering of the judgment and an appeal bond is given within six days, exclusive of Sundays and legal holidays, thereafter. (32 Stat., 521.)

Stat., 668.

Sec. 36. In case of an appeal the marshal shall retain the property unless the claimant or the defendant in the execution or his agent shall enter into an undertaking, with sufficient surety, to be approved by the justice, for the delivery of such property to the marshal, if the judgment of the court shall be against the party entering into such undertaking; and said undertaking shall be returned to said supreme court, and it may give judgment thereon.

Sec. 37. Nothing herein contained shall prevent a claimant other than the defendent from bringing an action of replevin against the officer levying upon the property claimed as aforesaid.

Sec. 38. DOCKET.-Each justice of the peace is required to keep a docket, in which he shall enter from day to day concurrently with the respective proceedings

First. The title of each action.

Second. The date of the writ issued and the time of its return, the fact of affidavits being filed, with the name of any affiant.

Third. The appearance of the parties.

Fourth. The nature of the pleadings in brief.

Fifth. The names of witnesses sworn, and at whose request.

Sixth. The judgment of the justice and the items of


Seventh. The appeal, if one is taken, by which party taken, the undertaking and the time of giving the same. Eight. The satisfaction of the judgment and the date thereof.

And it shall be his duty to furnish a copy of any judgment rendered by him when required by either party to the action. If he shall omit to keep such docket or be guilty of any other negligence or omission whereby the plaintiff, having obtained a judgment before him, shall lose his debt, the justice shall pay and satisfy to the plaintiff the debt, interest, and costs so lost, to be recovered in an action of debt against said justice and his surety or sureties, with any additional interest that may have accrued.

Dowling v.

Sec. 39. RETIRING JUSTICES, AND REMOVAL, RESIGNA- Buckey, 27 D. C. TION, AND DEATH.-It shall be the duty of every justice App., 208. of the peace hereafter appointed, upon his resignation or removal from office, or the expiration of his commission, and in case of his death, it shall be the duty of his executor or administrator, if such dockets or papers have come to his possession or are within his control, to deliver all dockets and all original papers in cases in the possession of such justice of the peace at the time of his resignation, removal, expiration of commission, or death, to his successor in office.

Upon failure of any person to deliver such dockets and papers as in this section provided, he shall forfeit to the United States the sum of five hundred dollars, to be recovered as other penalties are recovered. And every justice of the peace hereafter appointed shall have the same jurisdiction to issue executions and attachments upon all unsatisfied judgments in dockets in his possession, and certify copies thereof and copies of papers on file with him, as in cases brought before and judgments rendered by him. And the successor of a deceased justice of the peace shall have jurisdiction to try causes pending before the deceased at the time of his death: Provided, That no action pending before a justice of the peace at the time this code went into effect shall abate, but such action shall not be tried or otherwise disposed of by the justice to whom it may be assigned until he has caused at least two days' notice of the time and place of trial to be served upon each party to the suit, or his attorney, or the parties or their attorneys agree in writing upon a time and place of trial.-Act of June 30, 1902 (32 Stat., Part I, p. 520).


[Sec. 39. DEATH OR RESIGNATION.-It is hereby made the duty of every justice of the peace, upon his resignation or removal from office or the expiration of his commission, and that of his executors or

[blocks in formation]

administrators in case of his death, to deliver to the clerk of the supreme court of the District all dockets and all original papers in cases not yet closed, which said justice may have had; and any person neglecting to comply with this requirement shall forfeit to the United States the sum of five hundred dollars, to be recovered as other penalties are recovered.]

Sec. 40. REMOVAL FROM OFFICE.-The supreme court of the District shall have power to remove justices of the peace from office, after due notice and an opportunity given them to be heard in their defense, for incompetency, habitual drunkenness, corruption, or other misconduct in office.

Sec. 41. PROCESS, SERVICE OF.-The office of constable is hereby abolished, and all process issued by a justice of the peace shall be served by the United States marshal for the District of Columbia, or, if he is disqualified, by the coroner, and the fees for such service shall be as prescribed by rule of the supreme court of the District of Columbia.


On all judgments rendered by a justice of the peace, except as hereinafter provided, stay of execution may be had upon good and sufficient security being entered by a person who may be at the time the owner of sufficient real property located in the District, above all liabilities and exemptions, to secure the debt, costs, and interest.

In such cases 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. There shall be no stay of execution on any judgment for the wages of a servant or common laborer, nor upon any judgment for a less sum than five dollars.


Sec. 42. CONSTITUTION.-There shall continue to be a police court in the District as at present constituted, consisting of two judges learned in the law, appointed by the President, by and with the advice and consent of the Senate, for the term of six years, or until their successors are appointed, who shall each receive a salary of three thousand dollars per annum. The said judges shall hold separate sessions and may carry on the business of said court separately and simultaneously, 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

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