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years immediately preceding his appointment, and shall either have held the office of justice of the peace in said District for a period of at least two years or shall have been engaged in the actual practice of law before the supreme court of the District for a period of at least five years prior to his appointment. Each of said justices before entering upon the duties of his office shall take an oath for the faithful and impartial performance of the duties of his office, and shall give bond in such form, in such penalty, and with such surety or sureties as may be prescribed by the supreme court of the District. And said supreme court shall from time to time divide the said District into subdistricts and prescribe the place in each subdistrict where the justice thereof shall have his office for the transaction of business, and may change the boundaries of such subdistricts and the localities of the offices of the justices therein from time to time as the volume and convenience of the business may require. No justice of the peace during his term of office shall engage in the practice of the law, subject to the penalty of removal from his office. When the number of such justices of the peace shall be reduced by death, resignation, or expiration of term of service, or otherwise, to six, the number of such justices of the peace shall be six only, and if the number shall not be reduced to six until the expiration of the term of the present justcies of the peace only six vacancies shall then be filled.— Act of June 30, 1902 (32 Stat., Part 1, p. 520).
(Repealed.) [Sec. 3. APPOINTMENT AND QUALIFICATIONS.—There shall be ten justices of the peace in the District, who shall be appointed by the President of the United States, by and with the advice and consent of the Senate, for a term of four years, unless sooner removed as provided by law: Provided, That no person shall be appointed to sa id office unless he shall have been a bona fide resident of said District for the continuous period of at least five years immediately preceding his appointment, and shall either have held the office of justice of the peace in said District for a period of at least two years or shall have been engaged in the actual practice of law before the supreme court of the District for a period of at least five years prior to his appointment. Each of said justices before entering upon the duties of his office shall take an oath for the faithful and impartial performance of the duties of his office, and shall give bond in such form, in such penalty, and with such surety or sureties as may be prescribed by the supreme court of the District. And said supreme court shall divide the said District into ten subdistricts and prescribe the place in each subdistrict where the justice thereof shall have his office for the transaction of business, and may change the boundaries of such subdistricts and the localities of the offices of the justices therein from time to time as the volume and convenience of the business may require.]
Sec. 4. SUBDISTRICTS.- No justice of the peace shall sit for the trial of causes in any subdistrict other than the one in which his office is situated: Provided, That in case the office of any justice of the peace shall become vacant by death or otherwise, the said supreme court, or any justice thereof, may designate one of the other justices to preside temporarily in that subdistrict until the vacancy
shall be filled: And provided further, That if any justice of
Sec. 5. No resident of the District shall be nsed in any
therein shall be sued in any subdistrict other than the
suit may be brought in the subdistrict in which any one
Should a suit be brought against any party or corpora-
Sec. 6. SALARY.-Each of said justices of the peace
are. Key v. Roberts, Sec. 7. JURY TRIALS.—Trial by jury before justices of 20 Parc AP the peace is hereby abolished. ler, 20 D. C. App. 355.
Sec. 8. RULES AND FEES.—The supreme court of the Bradford District of Columbia in general term shall make rules App., 460; Brown regulating the practice and pleading before justices of the later 33: Doc. peace, and in relation to appeals from their judgments, vidson v. Mitchel not inconsistent with law, and may alter and amend the lendley v. Clark, same from time to time, and shall also fix the fees to be Warner Mu? Penks; charged by said justices of the peace, and alter them 12 D.C. App., 104 from time to time as justice may require: Provided, That in all cases of concurrent jurisdiction the defendant may remove the case for trial into the supreme court of the District by a writ of certiorari (to be awarded by said 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. JURISDICTION.-The said justices of the [place] Ib., secs. 7, 8. peace shall have 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, does not exceed three hundred dollars, including all proceedings 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 be exclusive when the amount claimed for debt or damages or the value of personal property claimed does not exceed fifty dollars, and concurrent with the said supreme court when it exceeds fifty dollars.
Any justice of the peace may at any time, including Sundays and legal holidays, on complaint under oath or actual view, issue warrants returnable to the police court against persons accused of crimes and offenses committed in the District of Columbia, and he shall make a record of his proceedings in every case in a book to be kept for that purpose. Such warrants shall be issued free of charge.-Act of April 21, 1906 (34 Stat., 126).
Sec. 10. TRESPASS.— The said jurisdiction of justices of 2x Brown v Slater, the peace shall extend to cases of trespass upon or injury 57. to real estate: Provided, That if the defendant shall file with the justice an affidavit that 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.
Sec. 11. NONRESIDENTS.-Nonresidents shall not commence a suit before a justice of the peace without first D. C. App., 384;
Bondv. Hardware giving security for costs.
Co., 15 D. C. App. 72; R. Ş. D. C., sec. 1002. Hayward v. Tschiffeley, 32 L. R., 777. Sec. 12. [JUDGMENTS] Judgments and Executions. - Fidelity & DeIt shall be lawful for any justice of the peace, in all cases 12, D. C. App., within his jurisdiction, to try, hear, and determine the
Guarantee Co. v. Pendleton, 14
matter in controversy between the parties upon their
Sec. 13. REPLEVIN.-A justice of the peace shall have 23 Biad., Ap.d., 55, authority to issue a writ of replevin whenever a plaintiff
shall file with him a declaration in replevin in the follow-
"The plaintiff sues the defendant for wrongfully taking
dollars. And the plaintiff claims that the same may be taken and delivered to him, or, if they are eloigned, that he may have judgment for their value and all mesne profits and damages, which he estimates at
dollars, besides costs.” And at the same time said plaintiff, his agent, or attorney shall file an affidavit stating, first, that, according to affiant's information and belief, the plaintiff is entitled to recover possession of the chattels described in the declaration; secondly, that the defendant has seized and detains or detains the same; thirdly, that said chattels were not subject to such seizure or detention, and were not taken under any writ of replevin between the parties; fourthly, that said chattels are not of the value of more than three hundred dollars; and at the same time the plaintiff shall enter into an undertaking, with surety approved by said justice, submitting to the jurisdiction of the court, to abide by and perform the judgment of said justice's court or of the supreme court of the District of Columbia.
Sec. 14. OFFICER'S RETURN.-If the officer's return of the writ of replevin be that he has served the defendant with copies of the declaration, affidavit, and summons, but that he could not get possession of the goods and chattels sued for, the plaintiff may prosecute the action for the value of the goods and damages for the detention, not to exceed in all three hundred dollars, or he may renew the writ, in order to get possession of the goods and chattels themselves.
Sec. 15. PUBLICATION.-If the officer's return be that he has taken possession of the goods and chattels sued for, but that the defendant is not to be found, the said justice may order that the defendant appear to the action by some fixed day, and cause notice of such order to be given by publication in some newspaper of said District at least
28 Stat., 668.
28 Stat., 668.
28 Stat., 668.
three times, the first publication to be at least twenty days before the day fixed for the defendant's appearance; and if the defendant fails to appear, the court may proceed, as in case of default after personal service, to render judgment for the property in favor of the plaintiff.
Sec. 16. PLEAS.—If the defendant appears, he may plead not guilty, in which case all matters of defense may be given in evidence, or he may plead specially.
Sec. 17. MARSHAL TO RETAIN PROPERTY.-Property taken by the marshal under a writ of replevin, issued by a justice of the peace, shall be retained by him for three days, exclusive of Sundays and legal holidays, before delivering the same to the plaintiff, in order that the defendant or other persons claiming an interest therein may present objections to the said justice to the sufficiency of the security on the undertaking or the jurisdiction of said justice, and if the said justice shall deem said undertaking insufficient, such property may be directed to be retained by the marshal for a further short time, to be designated by said justice, until an undertaking to be approved by him shall be filed, in default of which the marshal shall return the property to the person from whom it was taken; or if it shall be made to appear to the said justice that the property is of the value of over three hundred dollars he
quash the writ of replevin and direct the property to be returned to the party out of whose possession it was taken.
Sec. 18. DAMAGES FOR PLAINTIFF.- Whether the de- 28 Stat., 668. fendent plead and the issue joined be found against him, or his plea be held bad, or he make default after personal service, the plaintiff's damages shall be the full value of the goods, not to exceed three hundred dollars, if eloigned by the defendant, and damages for the detention thereof, and judgment shall be given accordingly.
Sec. 19. JUDGMENT FOR DEFENDANT.-If the issue be found for the defendant, or the plaintiff shall dismiss or fail to prosecute his suit, the judgment shall be that the goods, if delivered to the plaintiff, be returned to the defendant, with damages for their detention, or, on failure, that the defendant recover from the plaintiff and his surety the damages sustained by him, to be assessed by the justice.
Sec. 20. FORCIBLE ENTRY AND DETAINER.—Whenever „Browny. Slater, any person shall forcibly enter and detain any building or 54: Dowling's inclosed real property, or shall unlawfully, but without App., 207; Loring force, enter and unlawfully and forcibly detain the same, . Bartlett, 4 D. or whenever any tenant shall unlawfully detain possession 684, R, S. Dos of the property leased to him, after his tenancy therein has inson, 38 L. R., expired, or any mortgagor or grantor in a mortgage or 813. deed of trust to secure a debt, shall unlawfully detain the possession of the real property conveyed, after a sale thereof under such deed of trust or a foreclosure of the mortgage, or any person claiming under such mortgagor or grantor, after the date of the mortgage or deed of trust,