Page:United States Statutes at Large Volume 28.djvu/700

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FI.F’1‘Y—TH1BD CONGRESS. Sess. IH. CHS. 100, 101. 1895. 671 Sec. 22. That the judgment in such cases shall be that the plaintiif ·l¤¤¤¤•¤* if ¢··>¤• recover against the defendant the value of the goods as found, to be °u°°°' discharged by the return of the things with damages for detention, which shall also be assessed by the justice or jury trying the case. Sec. 23. That when personal property is taken on execution or P¤l>•¤v·=1•i¤¤<1\·y attachment issued bya justice of the peace, and such property isclaimed mp? °r °° b° by a person other than a defendant therein, or is claimed by the defendant to be property exempt from execution, and such claimant shall give notice in writing to the constable of his claim to such property, or that it is exempt as aforesaid, the constable shall notify the plaintiff in such writ, or his agent or attorney, of such claim, and shall also notify such plaintiff and the claimant before what justice and at what time and place a trial of the right of property shall be had. Sec. 24. That the trial of the right of property in such cases shall be 5**** •·* ¤¢l¤* ¤f before the justice of the peace who issued such writ, unless removed by P P"' change of venue, as now provided by law; or if he should be unable to a)tt;n;l tto such trial, before some other justice of the peace in the said 1 c Sec. 25. That the justice shall enter such cases on his docket, and E“‘”'·°°°· the trial shall be had therein in the same manner as in other trials belfore justices of the peace; and a change.of venue may be taken as in ot er cases. Sec. 26. That in case the property shall appear to belong to the claim- ‘T"°‘“‘°“"· ant, or to be exempt from execution, judgment shall be entered against the plaintid in the execution or attachment for costs, and the property levied upon shall be released. If it shall appear that the property does not belong to the claimant, or is not so exempt as aforesaid, judgment shall be entered against said claimant for costs, including such additional cost: as shall have been made by the delay in the execution of such writ. Sec. 27. Thatau appeal may be taken as in other cases, provided the *l’i’°"'· same is prayed on the day of the entering of judgment, and the bend shall be given within six days, Sunday exclusive, from the time of entering of the judgment. Sec. 28. That the judgment in such cases shall be a complete indem— D¤¢!¢¤¤¤l\•hhnityto the constable in proceeding to sell or return any such property; and in case of appeal the constable shall return such property unless the party claiming, or the defendant in the execution, or his agent, shall enter into an undertaking, with sufficient security, to be approved by the justice, for the delivery of such property to the officer if t-he judgment of the court shall be against the party entering into such undertakin g. Sec. 29. That the supreme court of the District is hereby authorized mfggm lm to make and establish such additional rules of practice and prescribe forms of process and proceedings rendered necessary by this act, and tcifilter and amend the same as it may from time to time deem advisa e. Sec. 30. That all acts and parts of acts inconsistent with the pro- 1é¤ge;j.é·:¤.h visions of this act are hereby repealed; but nothing herein shall be mj ‘ ‘·° ‘ °‘· ’· construed to take away and limit the jurisdiction conferred upon nniémggraczgt T: justices of the peace by chapter nineteen of the Revised Statutes of Grange:. the United States relating to the District of Columbia. 8,F°·’·°··°**· *°· P- Approved, February 19, 1895. CHAP. 101.-An Act To resdkust the salaries and allowances of the postmasters Fvbruvy 19. 1895. at Guthrie, Oklahoma City, and ingflsher, in Oklahoma Territory. ( Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Postmaster-General be, onion and he is hereby, authorized and directed to allow to the postmasters at Guthrie, Oklahoma City, and Kingfisher, in Oklahoma Territory, the