Page:United States Statutes at Large Volume 3.djvu/783

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SEVENTEENTH CONGRESS. Sess. II. Ch. EM. 18523. 743 Srnuru II. Can. XXIV.—.»2n Jai to extend the jurisdiction q'justice.s of the peace, in the March 1, 1823. recovery of debts, m the District of Columbia. """""""""` Be it enacted by the Senate and House of itegprescntatives of the United teF`j°m nid, *5 States of America, in Congress assembled, That, from and after the first 1823,lj::t.tc;;cf day of June next, in all cases where the real debt and damages do not *l¤° P°*·*°° mY exceed the sun: of fifty dollars, exclusive of costs, it shall and may ;Y¤';"dad°°°" be lawful for any one justice of the peace, of each respective county when ihzldzbt within the District of Columbia wherein the debtor doth reside, to try, and <i¤¤¤¤8¤¤d0 hear, and determine, the matter in controversy, between the creditor and §gf,§ff°;;lc?g_ debtor, their executors and administrators, and upon full hearing of the sive of,c0sts. allegations and evidences, of both parties, to give judgment, according to the laws existing in the said District of Columbia, and the equity and right of the matter, in the same manner, and under the same rules and regulations, to all intents and purposes, as such justices of the peace are now authorized and empowered to do when the debt and damages do _ not exceed the sum of twenty dollars, exclusive of costs: Provided, Pm""' nevertheless, That all justices of the peace of said county shall be compelled, upon entering judgments upon cases within their jurisdiction, to enter the same in such manner as shall carry an interest thereon,- from the date thereof, until the same shall be paid, or satisfied: And provided further, P*‘°Vi*°· That no female, in any case whatever, and no male above the age of seventy years, shall be liable to be arrested or imprisoned for any debt authorized to be sued for and recovered by this act. Sec. 2. And ba it jirrthen enacted, That, in all cases where judg- D°*`°'*d’*“* ments shall be rendered by a justice of the peace, it shall be lawful for L?;{,i;°£${;°d° the defendant to supersede the said judgment, at any time within sixty days. days from the rendition of the same, which supersedeas shall stay execution for six months therealter, and shall be taken by the justice who rendered thejudgmeut, and no other; Provided, Such justice is living in proviso, the county in which said judgment was rendered, and acting in his judicial capacity ; but if such justice shall not be so acting, then, and in that case, before any other justice of the peace for the aforesaid county who may be legally acting in that capacity. Sec. 3. And be it further enacted, That the justices of the peace ·T¤¤*i¢<>¤ of' within the District of Columbia, be, and they are hereby, directed, and it E;‘;g:“g;:fe,_ is hereby made their duty, to keep a docket, and therein to record, and make regular entries oi, their proceedings, in all cases in which they shall act in virtue of their office, and they are hereby directed to furnish the plaintitis and defendants, respectively, with a copy of any judgment by them rendered, when required on which copy, any other justice of the peace of the county is hereby authorized to issue execution or iieri facias, in the same manner as executions are now issued by the clerk of the circuit court of the District of Columbia, which shall be retumed within twenty days after being issued, to the justice who gave the judgment; and no judgment rendered before a justice shall have the efect to create any lien upon real estate. _ Sec. 4. And be it further enacted, That if any justice of the peace J¤¤*¤°°¤ 9:`t?¤° shall omit to keep a docket, as aforesaid, or be guilty of any other negli· {:";°;p°;°50c'ff gence or omission, by which the plaintiff (having obtained a judgment be; et, name res fore such justice,) shall lose his or her debt, that then, and in that case, the the Pzmieedzef said justice shall pay and satisfy to the said plaintiff the debt, interest, and i¤°c;;mf°" costs, lost as aforesaid, to be recovered by plaint, before any other q,,S,,,,€_ justice of the peace, who shall, on proof of the fact, render judgment against such defaulting justice, together with any interest that may have accrued on the debt. Sec. 5. And be ·i¢_f’m·ther enacted, That each and every justice of the -T¤¤ti¤¤¤ of' Peace shall, and it is hereby made his duty, upon his resignation or re- ‘l‘° P°‘°°*"l’°“