Page:United States Statutes at Large Volume 31.djvu/1243

From Wikisource
Jump to: navigation, search
This page needs to be proofread.


FIFTY-SIXTH CONGRESS. Sess. ll. C1-1. 85-1. 1901. l 191 to the jurisdiction on this account- be tiled by said defendant, the party or corporation intcrposingx such plea shall disclose under oath the district in which he or it ould ave been sued; and the justice, upon sustaining such plea, shall certify the cause for trial to the justice sitting in the district where suit should have been instituted; and should no such plea be filed before trial the justice shall be deemed to have had full jurisdiction. In any suit brought before a justice of the peace the defendant, his agent or attorney, may have the cause removed to the·next nearest justice, upon filing an atiidavit with the justice issuing the writ, on the return day or day of trial of the action, that he does not believe said justice will give him a fair and impartial trial. Sec. 6. SALARY.—Each of said justices of the peace shall receive an S¤1¤r>‘· swannual salary of three thousand dollars, and the further sum of two hundred and fifty dollars annually for rent, stationery, and othe1· expenses, to be paid monthly by the District of Columbia; and he shall render monthly accounts to the auditor of the District of Columbia of all moneys received by him for fees, and shall pay over such fees to the collector of said District and take his receipt in du licate therefor, and file one of them with said auditor and retain the other in his office, and the money so collected shall be disposed of’by said collector as other moneys belonging to the said District are. Sec. 7. JURY TB.IALS.··-T1‘l3.l by jury before justices of the peace is J¤r>‘¢¤¤1¤- hereby abolished. Sec. 8. RULES AND EEEs.——The supreme court of the District of tri¤jv;g¤j§),%g{)gaDj§) Columbia in general term shall make rules regulating the practice and make rules, em, pleading before justices of the peace, and in relation to appeals from F""`· their judgments, not inconsistent with law, and may alter and amend the same from time to time, and shall also fix the fees to be charged by said justices of the peace, and alter them from time to time as jus- _ tice may require: Provided, That in all cases of concurrent jurisdic- §Q‘§§{{f{¥,,m,up,€m, tion the defendant may remove the case for trial into the supreme {S;1',§,,1Dijj§§;90€u$,*; court of the District by a writ of certiorari (to be awarded by said a1m¤¤'¤mieu¤eiu.` court or one of the justices thereof upon a petition under oath, the form and substance whereof shall be prescribed by said court). Sec. 9. J URISDICTION.—Th€ said justices of the place shall have —l“’i*di°“°“· jurisdiction in all civil cases in which the amount claimed to be due for debt or damages arising out of contracts, express or implied, or damages for wrongs or injuries to persons or property, oes not exceed three hundred dollars, including all procee ings by attachment or in replevin where the amount claimed or the value of the property involved does not exceed said sum, _-except in cases involving the title to real estate, actions to recover damages for assault or assault and battery, or for malicious prosecution, or actions against justices of the peace or other officers for official misconduct, or actions for slander or libel, or actions on promises to marry; and said jurisdiction shall —<·Xc1¤¤Si¤·¤- be exclusive when the amount claimed for debt or damages or the value of personal property claimed does not exceed fifty dollars, and —<···¤<·¤¤rr<~¤¤· concurrent with the said supreme court when it exceeds fifty dollars. Sec. -10. TRESPASS.——Tl1€ said jurisdiction of justices of the peace Tw i¤¢1¤·*·¤ trespass. shall extend to cases of trespass upon or injury to real estate: Pro- ° iimzsa. vided, That if the defendant shall file with the justice an affidavit that —<1¤¤li¤¤¤¤<>¤- he claims title or acts under a person claiming title to the real estate, setting forth the nature of his title, the justice shall take no further cognizance of the case. `EC. 11. NONRESIDENTS.·—NOH1‘€Sld€HtS shall not commence a suit jegfgffsgffggggive before a justice of the peace without first giving security for costs.` L ` Sec. 12. J UDeMENrs.—ltshall be lawful for any justice of the peace, J“dgm*““*S· in all cases within his jurisdiction, to try, hear, and determine the matter in controversy between the parties upon their allegations and proofs, and to give judgment according to law; and all judgments for money