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 defendant pleads title to the premises, in himself or in another 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.

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.

Plea of title.

Judgment not a

bar.

Witnesses.

Nonresident

witnesses.

Commission to

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 testi- take testimony of. mony shall be taken on written interrogatories and cross-interrogatories, 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 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.

SEC. 27. DEATH OF JUSTICE.-In case of the death 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 same.

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.

SEC. 29. DOCKETING JUDGMENT IN SUPREME COURT. --After recovering a judgment for twenty dollars or more, exclusive of costs, before a justice of the peace, the judgment 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.

SEC. 30. APPEAL.-Where the debt or demand or the value of personal property claimed exceeds five dollars, and in actions for the recovery of possession of real estate, as aforesaid, either party who may think himself aggrieved by the judgment or other final order of a justice 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.

SEC. 31. UNDERTAKING.-No appeal shall be allowed unless the appellant, with sufficient surety, approved by the justice, shall enter into an undertaking to satisfy and pay whatever final judgment may

-when to issue.

Death of justice.

Satisfaction judgment.

of

Docketing judg

ment in supreme court.

Appeal.

Undertaking.

on.

Practice.

Claimant

shal of claim.

of

be recovered in the appellate court, and agree that such judgment may be entered against principal and sureties. Such undertaking must be given within six days, exclusive of Sundays and legal holidays. after the entry of judgment. And where said undertaking has been given the justice shall immediately file the original papers, and a copy of his docket entries, in the office of the clerk of the supreme court, and notify the appellant thereof.

SEC. 32. PRACTICE. The practice and forms of proceeding in trials before justices and in trials of appeals 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 personal propproperty levied erty taken on execution issued by a justice of the peace is claimed by a person other than the defendant therein, or is claimed by the defend-notice to mar- ant to be property exempt from execution, and 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.

-trials, etc.

-judgment for claimant.

-against.

-appeal.

-marshal to retain property, etc.

Replevin against officer levying, etc.

Docket entries.

Copy of judg

SEC. 34. The case made by such claim shall be entered on the justice's docket as an action by the claimant or the defendant against the plaintiff and tried in the same manner as other cases before justices of the peace.

SEC. 35. In case the property shall appear to belong to the claimant or to be exempt from execution, judgment shall be entered against the plaintiff in the execution for costs, and the property levied upon shall be released. If the property shall not appear to belong to the claimant or to be exempt, as aforesaid, judgment shall be entered against. said claimant or the defendant, as the case may be, for costs, including additional costs occasioned by the delay in the execution of 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.

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 judg ment 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 defendant 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 cost.

Seventh. The appeal, if one is taken, by which party taken, the undertaking and the time of giving the same.

Eighth. The satisfaction of the judgment and the date thereof. And it shall be his duty to furnish a copy of any judgment rendered ment to be fur- 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

nished.

Penalty for neg

whereby the plaintiff, having obtained a judgment before him, shall
lose his debt, the justice shall pay and satisfy to the plaintiff the debt, ligence, etc.
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.

Death or resig

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

Removal from

SEC. 40. REMOVAL FROM OFFICE.-The supreme court of the District shall have power to remove justices of the peace from office, after due office. 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 of. 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.

SUPERSEDEAS.

Process, service

On all judgments rendered by a justice of the peace, except as here- Supersedeas. inafter 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:

Stay of execu

For the sum of five dollars, and not exceeding twenty dollars, one tion. 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.

SUBCHAPTER TWO.

THE POLICE COURT.

Police court.

Constitution.

Powers of judges,

SEC. 42. CONSTITUTION.-There shall continue to be a police court in the District, as at present, 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, who shall each receive a salary of three thousand dollars per annum. The said judges shall hold oath, etc. 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 acts of each of the said judges respecting the business of said court shall be deemed and taken to be the acts of the said court. Each judge, when appointed, shall take the oath prescribed for judges of the courts of the United States.

Jurisdiction.

Information.

etc.

Trial by jury.

--by the court.

Jury.

ice.

SEC. 43. JURISDICTION.-The said court shall have original jurisdiction concurrently with the supreme court of the District, except where otherwise expressly herein provided, of all crimes and offenses committed in the said District not capital or otherwise infamous and not punishable by imprisonment in the penitentiary, except libel, conspiracy, and violation of the post-office and pension laws of the United States; and also of all offenses against municipal ordinances and regulations in force in the District of Columbia. The said court shall also have power to examine and commit or hold to bail, either for trial or further examination, in all cases, whether cognizable therein or in the supreme court of the District.

SEC. 44. That prosecutions in the police court shall be on information by the proper prosecuting officer. In all prosecutions within the jurisdiction of said court in which, according to the Constitution of the United States, the accused would be entitled to a jury trial, the trial shall be by jury, unless the accused shall in open court expressly waive such trial by jury and request to be tried by the judge, in which case the trial shall be by such judge, and the judgment and sentence shall have the same force and effect in all respects as if the same had been entered and pronounced upon the verdict, of a jury.

In all cases where the accused would not by force of the Constitution of the United States be entitled to a trial by jury, the trial shall be by the court without a jury, unless in such of said last-named cases wherein the fine or penalty may be fifty dollars or more, or imprisonment as punishment for the offense may be thirty days or more, the accused shall demand a trial by jury, in which case the trial shall be by jury. In all cases where the said court shall impose a fine it may, in default of the payment of the fine imposed, commit the defendant for such a term as the court thinks right and proper, not to exceed one

year.

SEC. 45. JURY.-The jury for service in said court shall consist of twelve men, who shall have the legal qualifications necessary for jurors -qualifications, in the supreme court of the District, and shall receive a like compensation for their services, and such jurors shall be drawn and selected under and in pursuance of the laws concerning the drawing and selec-term of serv- tion of jurors for service in said court. The term of service of jurors drawn for service in said police court shall be for three successive monthly terms of said court and, in any case on trial at the expiration of such time, until a verdict shall have been rendered or the jury shall be discharged. The said jury terms shall begin on the first Monday in January, the first Monday in April, the first Monday in July, and the first Monday in October of each year, and shall terminate, subject to the foregoing provisions, on the last Saturday of each of said jury terms. When at any term of said court it shall happen that in a pending trial no verdict shall be found, nor the jury otherwise discharged before the next succeeding term of the court, the court shall proceed with the trial by the same jury, as if said term had not commenced. SEC. 46. At least ten days before the term of service of said jurors shall begin, as herein provided for, such jurors shall be drawn as hereinbefore directed, and at least twenty-six names so drawn shall be certified by the clerk of the supreme court of said District to the said police court for service as jurors for the then ensuing term. Deficiencies in any panel of any such jury may be filled according to the law applicable to jurors in said supreme court, and for this purpose either judge of said police court shall possess all the powers of a judge of said supreme court and of said court sitting as a special term. No person shall be eligible for service on a jury in said police court for more that one jury term in any period of twelve consecutive months, but no verdict shall be set aside on such ground unless objection shall be made before the trial begins. Service on such jury shall not render any

-drawing names, etc.

-eligibility.

of

person exempt, ineligible, or disqualified for service as a juror in said supreme court, except during his term of actual service in said police court. The marshal of said District, by himself or deputy, shall have charge of said jury, and may appoint a deputy for that purpose, who charge of jury. shall be paid three dollars a day while so employed.

Marshal to have

SEC. 47. JUDGMENT TO BE FINAL.-In all cases tried before said Judgment to be court the judgment of the court shall be final, except as hereinafter final. provided.

SEC. 48. POWERS.-The said court shall have power to issue process for the arrest of persons against whom information may be filed or complaint under oath made and to compel the attendance of witnesses; to punish contempts by fine not exceeding twenty dollars and imprisonment for not more than forty-eight hours, or either, and to enforce any of its judgments by fine or imprisonment, or both, and to make such rules and regulations as may be deemed necessary and proper for conducting business in said court. In all cases where the said court shall impose a fine it may, in default of the payment of the fine imposed, commit the defendant for such term as the court thinks right and proper, not to exceed one year.

Powers.

Security for appearance for trial. -bond.

--money.

--property

That every person charged with an offense triable in the police court of the District of Columbia may give security for his appearance for trial or for further hearing, either by giving bond to the satisfaction of the court or by depositing money as collateral security with the appropriate officer at the said police court or the station keeper of the police precinct within which such person may be apprehended. And whenever any sum of money shall be deposited as collateral security as hereby provided it shall remain, in contemplation of law, the property of the person depositing it until duly forfeited by the court; and when forfeited it shall be, in contemplation of law, the property of the when forfeited. United States of America or of the District of Columbia, according as the charge against the person depositing it is instituted on behalf of the said United States or of the said District; and every person receiving any sum of money deposited as hereby provided shall be deemed in law the agent of the person depositing the same or of the said United States or the said District, as the case may be, for all purposes of properly preserving and accounting for such money. And all fines payable and paid under judgment of the said police court shall, upon their payment, immediately become, in contemplation of law, the property of the said United States or the said District, according to the charge upon which such fine may be adjudged; and the person receiving any such fine shall be deemed in law the agent of the said United States

-in fines.

in

or the said District as aforesaid, as the case may be; and any person. -penalty for being an agent as hereinbefore contemplated and defined, who shall conversion. wrongfully convert to his own use any money received by him as hereinbefore provided shall be deemed guilty of embezzlement, and upon conviction thereof be punished by a fine not exceeding five thousand dollars or by imprisonment not exceeding five years, or both:

Provided, That nothing herein contained shall affect the ultimate Rights of WashHumane rights under existing law of the Washington Humane Society, or the ington Society et al. to policemen's fund (by whatever name the same may be called or known), fines unaffected. or the firemen's relief fund, of the District of Columbia, in or to any fines or forfeitures paid and collected in the said police court. SEC. 49. SEAL.-The said court shall have a seal, and each of the judges shall have power to take the acknowledgment of deeds and to administer oaths and affirmations to public officers.

SEC. 50. TERMS.-The said court shall hold a term on the first Monday of every month, and continue the same from day to day as long as it may be necessary for the transaction of its business.

SEC. 51. DISABILITY OF JUDGE.-In cases of sickness, absence, or disability of either of the judges of said court, any one of the justices of

Seal.

Terms.

Disability of

judge.