25 July 1866.

22 Feb. 18671. 14 Stat. 406.

Grand larceny.

duty of the commissioner of public buildings to bring to the notice of the attorney of the United States for the District of Columbia, or to the grand jury, any infraction of this law.

68. If any person shall steal any money, or other personal goods or chattels, the property of another, of the value of thirty-five dollars or upward, the person so offending shall be deemed guilty of larceny, and upon conviction thereof, shall be imprisoned in the penitentiary, and kept at hard labor, not more than three years, nor less than one year.

Ibid. & 2. 69. If any person shall steal, or maliciously and feloniously destroy, any bank bill, Larceny or depromissory note or notes, bill of exchange, order, receipt, warrant, draft, check or struction of secu- bond, given for the payment of money, or receipt acknowledging the receipt of money rities, &c. or other property, or any government bonds or other securities, or stamps, United States treasury notes, or any public stocks, of the value of thirty-five dollars or upward, knowing the same to be such, any such person shall be deemed guilty of a misdemeanor, and on conviction thereof shall be imprisoned in the penitentiary, and kept at hard labor, not more than three years, nor less than one year.

Ibid. 3. Receiving stolen goods, &c.

Ibid. 4. Petit larceny.

Receiving.

Ibid. 25. Embezzlement.

Ibid. 26.

What to be deemed embezzlement.

Ibid. § 7.

zled property.

70. If any person shall receive or buy any goods or chattels, or bank bill or bills, or promissory note or notes, bill of exchange, order, receipt, draft, warrant, check or bond, given for the payment of money, or any government bond, United States treasury note or notes, or other securities, or government stamps, or stocks, of the value of thirtyfive dollars or upwards, which have been stolen, knowing the same to be stolen, with intent to defraud the owners thereof, every person so offending shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be imprisoned in the penitentiary, and kept at hard labor, not more than three years, nor less than one year.

71. If any person shall steal any money, or other goods and chattels of any kind whatever, of less value than thirty-five dollars, the property of another, or shall steal or maliciously destroy any bank bill, promissory note, bill of exchange, order, warrant, draft, check or bond, or any accountable receipt for money, given for the payment or acknowledgment of any sum under thirty-five dollars, or any United States treasury note, or government stamps, of less value than thirty-five dollars, the property of another; or shall receive or buy the same, knowing the same to be stolen, for the purpose of defrauding the owner thereof; every such person so offending, on conviction thereof, shall make restitution to the party injured, in twofold the value of the property stolen or destroyed, and be fined in any sum not exceeding two hundred dollars, or shall be imprisoned in the jail of said district, for any time not exceeding six months, or both, at the discretion of the court.

72. If any clerk or servant of any private person, or any copartnership (except persons within the age of sixteen years), or any officer, agent, clerk or servant of any incorporated company, shall embezzle or convert to his own use, or fraudulently take, make way with, or secrete, with intent to embezzle or fraudulently convert to his own use, without the assent of his master or employers, any money, goods, rights of action, government bonds, United States treasury notes, or government stamps, or other valuable security or effects whatever, belonging to any other person, which shall come into his possession, or under his care, by virtue of such employment or office, he shall, upon conviction, be punished in the manner prescribed by law for feloniously stealing property of the value of the article or property so embezzled, taken or secreted, or of the value of any sum of money payable or due upon any right in action so embezzled. 73. Every embezzlement of any evidence of debt, negotiable by delivery only, and actually executed by the master or employer of any such clerk, agent, officer or servant, but not delivered or issued as a valid instrument, shall be deemed an offence within the meaning of the last preceding section.

74. Every person who shall buy, or in any way receive, any money, goods, rights in Receiving ember- action, government bonds, United States treasury notes, or other valuable security or effects whatever, or government stamps, knowing the same to have been embezzled, taken or secreted, contrary to the provisions of the two last sections, shall upon conviction, be punished in the same manner, and to the same extent as therein prescribed, upon a conviction of a servant, clerk or agent for such embezzlement.

Ibid. 8.

carriers and

bailees.

75. If any carrier or other person, to whom any goods, money, right in action, or Larceny and em- any valuable personal property or effects, shall have been delivered to be transported bezzlement by or carried, for hire, or any person employed in such transportation or carrying, shall, without the assent of his employer, take, embezzle or convert to his own use, such goods, money, right in action, property or effects, or any part of them, and before delivery of such article, at the place or to the person entitled to receive them, he shall, upon conviction, be punished in the manner prescribed by law for feloniously stealing property of the value of the article so taken, embezzled, converted or secreted.

76. All persons sentenced to imprisonment in the jail of said district may be em- 22 Feb. 1867 § 9. ployed at such labor, and under such regulations, as may be prescribed by the supreme Convicts to be court of said district, and the proceeds thereof applied to defray the expenses of the kept at labor. trial and conviction of any such person.

77. It shall be the duty of the supreme court of said district to make such rules for Ibid. 10. the government and discipline of the prisoners confined in said jail, as shall be deemed Rules for governnecessary for the health, security and the protection of said prisoners from cruel treatment of jails. ment by any person in charge thereof.

Ibid. 11.

78. On the trial of any person charged with a crime, the punishment whereof may be confinement in the penitentiary or district jail, the defendant shall be entitled to Challenges of four peremptory challenges of jurors.

jurors.

79. In all criminal trials, the said supreme court, or the judge trying the case, may Ibid. 12. allow such number of witnesses on behalf of the defendant, as may appear necessary, Payment of deand the fees thereof, with the costs of service, to be paid in the same manner as government witnesses are now paid.

fendant's witnesses.

15 Stat. 342.

80. The supreme court of the District of Columbia shall have authority to appoint 3 March 1869 ? 1. a suitable person to act as warden of the jail of said district, and to remove said officer whenever, in the opinion of said court, the public interests may require it, and to fill all vacancies which may occur.

Appointment of

warden of jail.

Ibid. 2.

officers.

81. The warden of said jail shall have authority to appoint such subordinate officers, guards and employés as are necessary for the proper management and safe-keeping of of subordinate prisoners, which now are or may hereafter be authorized by law, subject to the approval of the chief justice of said court.

VIII. JUSTICES OF THE PEACE.

22 Feb. 1867 1.

14 Stat. 401.

82. Justices of the peace in the District of Columbia shall have jurisdiction in all cases, where 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 Civil jurisdiction. exceed one hundred dollars; 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 misconduct in office, or in actions for slander, verbal or written.

Ibid. 2.

83. The supreme court of said district shall make and establish rules of practice, and prepare and publish forms of pleadings, for bringing all forms of actions, and the trial Rules of practice. thereof before said justices of the peace; and shall fix and determine a bill of fees and Costs. costs to be taxed and charged by the said justices, and by the constables of said District of Columbia, in all civil suits in said district.

Ibid. 3.

84. There shall be no stay of execution on any judgment obtained before any justice of the peace, for the wages of any servant or common laborer, or upon any judgment Stay of execu for less than five dollars; but execution may issue for the collection thereof imme- tion. diately, and judgments shall be entered within two days after the trial of the action. But on all judgments or fines, except as aforesaid, stay of execution shall be entered as follows: for the sum of five dollars and not exceeding twenty dollars, one 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: Provided, good and sufficient security be entered by a person or persons who may be at the time the owner of sufficient property located in said district, above all liabilities and exemptions, to secure said debt, costs and interest.

Ibid. 4.

causes.

85. All justices of the peace may issue original writs, civil and criminal, returnable before themselves; but any party, or agent or attorney thereof, may have the cause Process. removed to the nearest justice, upon filing an affidavit with said justice on the return Removal of day, or day of trial of said action, that he or she does not believe said justice will give him or her a fair and impartial trial, on account of prejudice or other reasonable cause. 86. No person in said district shall be fined or imprisoned for disorderly conduct, unless such person was personally and individually guilty of acts disorderly in them- Disorderly conselves. And any officer in said district who uses unnecessary and wanton severity in duct. arresting or imprisoning any person, shall be deemed guilty of assault and battery, and upon conviction thereof, punished therefor.

Ibid. § 5.

Arrests.

87. In all criminal cases, or offences charged, the justice having jurisdiction thereof Ibid. 6. shall allow the defendant reasonable time to prepare for defence or obtain bail; and no Bail in criminal exorbitant bail shall in any case be required.

Ibid. 7.

cases.

88. Non-residents of said district shall not commence suit before any justice of the peace therein, without first giving sufficient security for costs.

89. When any person or persons shall be arrested on a warrant for committing an

Ibid. 8.

22 February 1867.

Jurisdiction of

assault and bat

tery, and affray.

assault, or an assault and battery, or an affray, issued on the complaint of the party injured, by any justice of the peace of said district, or in case of an affray, on the complaint of any person who shall have seen the same, every such person or persons shall be taken before the justice who issued the warrant, or if he be absent or otherwise incapable of acting, then before the nearest other justice in said district, and he or they shall be admitted to plead guilty of the charge preferred; and the said justice before whom such plea may be pleaded shall have power, and he is hereby authorized, to assess such fine or penalty as is authorized by law, and enter judgment therefor against the person so pleading guilty and for cost, and issue execution thereon as in civil cases. 90. No appeal shall be allowed from a judgment of a justice of the peace, unless the appellant, with sufficient surety or sureties, approved by the justice, enter into an Surety on appeal. undertaking to satisfy and pay all intervening damages and costs arising on the appeal.(a)

22 Feb. 1867 2 1. 14 Stat. 403,

Ibid. ¿ 2.

Proceedings on appeal

Ibid. § 3. Rights of appellee.

8 April 1864 1. 13 Stat. 44.

Appointment of notaries public.

Ibid. § 2. Oath and bond.

Ibid. 3.

Powers of nota

ries.

Ibid. 24.

91. When such undertaking has been entered into, the justice shall immediately file the original papers, including a copy of his docket entries, in the office of the clerk of the supreme court of the District of Columbia; and thereupon, as soon as the appellant shall have made the deposit for costs required by law, or obtained leave from one of the justices, or from the court, to prosecute his appeal without a deposit, the clerk shall docket the cause, and shall issue a summons for the appellee to appear at the next trial term of the court, and thereafter the cause shall be proceeded with in the manner prescribed by the act of March 1, 1823,(b) entitled "An act to extend the jurisdiction of justices of the peace in the recovery of debts in the District of Columbia," except that the appellant need not file a petition as directed by said act.

92. If the appellant fails to prosecute his appeal, the appellee may, upon making the aforesaid deposit for costs, have the cause docketed, and move for affirmance of the justice's judgment, or he may have a trial of the cause upon its merits.

IX. NOTARIES PUBLIC.

93. Notaries public for the District of Columbia may be appointed by the supreme court of said district, whose term of office shall be five years, and who may be removed by said court for cause. There shall be no new appointment of a notary public, until the number in this district is reduced to twenty-five; and when the number is so reduced, as vacancies thereafter occur, they may be filled by said court.

94. Each notary public hereafter appointed, before entering upon the duties of his office, shall take an oath faithfully to discharge the same, and shall give bond to the United States in the sum of two thousand dollars, with security to be approved by the said supreme court, or a judge thereof, for the faithful discharge of the duties of his office. And the said court shall, with reasonable despatch, by a general order to be published in one or more newspapers printed in the said district, require all persons now holding the commission of notary public in said district to give new bond, as hereinbefore provided for, within a short time to be prescribed therein; and all such persons failing to comply therewith shall be stricken from the list of notaries.

95. Notaries public shall have authority to demand acceptance and payment of foreign bills of exchange, and to protest the same for non-acceptance and non-payment; and to exercise such other powers and duties as by the law of nations and according to commercial usages, or for use and effect beyond the jurisdiction of the said district, as, according to the law of any state or territory of the United States, or any foreign government in amity with the United States, may be performed by notaries public.

96. Notaries public may also demand acceptance of inland bills of exchange, and Protest of inland payment thereof, and of promissory notes, and may protest the same for non-acceptance or non-payment, as the case may require.

bills.

Ibid. 25.

Power to take acknowledgments and

97. Each notary public shall have power to take and to certify the acknowledgment or proof of powers of attorney, mortgages, deeds and other instruments of writing, the acknowledgment of any conveyance or other instrument of writing executed by any administer oaths. married woman, to take depositions and to administer oaths and affirmations in all matters incident or belonging to the duties of his office, and to take affidavits to be used before any court, judge or officer within this district.

Ibid. 26.

Record.

Ibid. 7.

Notarial seal.

98. Each notary public shall keep a fair record of all his official acts, except such as are mentioned in the fifth section of this act; and when required, shall give a certified copy of any record in his office to any person, upon payment of the fees therefor.

99. Each notary public, before he acts as such, shall provide a notarial seal, with which he shall authenticate all his official acts; which seal, together with his records and official documents, shall not be liable to be seized on by any execution; he shall (b) 1 vol. 245, pl. 91.

(a) See supra 12.

deposit an impression of his official seal in the office of the clerk of the supreme court of said district.

100. On the death, resignaticu or removal from office of any notary public, his records, together with all his official papers, shall be deposited in the office of the clerk of the supreme court of said district.

8 April 1864.

Ibid. 28.

Disposition of

records in case of
death, &c.
Ibid. 29.

Record to be

primâ facie evi

101. The original protest of a notary public, under his hand and official seal, of any bill of exchange or promissory note, for non-acceptance or non-payment, stating the presentment by him of such bill of exchange or note for acceptance or payment, and the non-acceptance or non-payment thereof, and the service of notice on any or all of dence. the parties to such bill of exchange or promissory note, and specifying the mode of giving such notice, and the reputed place of residence of the party to whom the same was given, and the post office nearest thereto, shall be primâ facie evidence of the facts contained therein. The certificate of a notary public, under his hand and seal of office, drawn from his record, stating the protest and the facts therein recorded, shall be evidence of the facts in like manner as the original protest.

Ibid. 10.

102. The fees of notaries public shall be as follows: for each certificate and seal, fifty cents; taking depositions or other writings, for each one hundred words, ten cents; Fees. administering an oath, fifteen cents; taking acknowledgment of a deed or power of attorney, with certificate thereof, fifty cents; every protest of a bill of exchange or promissory note and recording the same, one dollar and seventy-five cents; each notice of protest, ten cents; each demand for acceptance or payment, if accepted or paid, one dollar, to be paid by the party accepting or paying the same; each noting of protest, one dollar. And any notary public who shall take a higher fee than is prescribed by Penalty for tak this act shall pay a fine of one hundred dollars, and be removed from office by the said ing illegal fees.

103. A tenancy at will shall not arise or be created, without an express contract or letting to that effect; and all occupation, possession or holding of any messuage or real estate, without express contract or lease, or by such contract or lease the terms of which have expired, shall be deemed and held to be tenancies by sufferance; and all estates at will and sufferance may be determined by a notice in writing to quit, of thirty days, delivered to the tenant in hand, or to some person of proper age upon the premises, or in the absence of such tenant or person, then such notice may be served by affixing the same to a conspicuous part of the premises, where it may be conveniently read. The attornment of a tenant to a stranger shall, be void, and shall not affect the rights of the landlord, unless it be made with the consent, express or implied, of the landlord: Provided, That no part of this section, other than that which relates to attornment of a tenant to a stranger, shall apply to contracts made, or to any tenancy existing prior to the passage of this act, except in cases of waste, or refusal to pay rent.

4 July 1864 1. 13 Stat. 383.

How estates at

will, &c., may be.

created and

determined.

Ibid. ? 2.

entry, &c.

104. When forcible entry is made, or when a peaceable entry is made, and the possession unlawfully held by force, or when possession is held without right, after the Proceedings in estate is determined by the terms of the lease by its own limitation, or by notice to case of forcible quit or otherwise, on written complaint, on oath of the person entitled to the premises, to a justice of the peace, charging a forcible entry or detainer of real estate as aforesaid, a summons may be issued to a proper officer, commanding the person complained of to appear and show cause why judgment should not be rendered against him; which shall be served like other writs of summons, at least seven days before his appearance. If it appears, by default or upon trial, that the complainant is entitled to the possession of the premises, he shall have judgment and execution for the possession and costs; if the complainant becomes nonsuit, and fails to prove his right to possession, the defendant shall have judgment and execution for his costs.

Ibid. 23.

claims title.

105. If, upon trial, defendant pleads title to the premises in himself, or in another person under whom he claims the premises, he shall recognise in a reasonable sum to Proceedings the complainant, to be fixed by said justice, with sufficient sureties, conditioned to pay where defendant all intervening damages and costs, and reasonable intervening rent for the premises; and the complainant shall in like manner recognise to the defendant conditioned to enter the suit at the next term of the supreme court of the district, and pay all costs adjudged against him; and thereupon the proceedings shall be certified to said court by the justice. If either party neglects so to recognise, judgment shall be rendered against him, as on nonsuit or default, and execution shall issue accordingly as aforesaid.

Ibid. 4

106. Either party against which judgment is rendered by a justice of the peace, may appeal from such judgment to the supreme court of the District of Columbia, in the same manner as appeals are taken to the said court in other cases; but in case of an appeal.

Proceedings on

4 July 1864.

Ibid. 5.

Damages.

Fees.

Ibid. 26.

22 Feb. 1867 2 12. 14 Stat. 404.

abolished.

appeal by a defendant, he shall, in addition to the bail required in other cases, recognise in a reasonable sum to the complainant, to be fixed by said justice, with sufficient sureties, conditioned to pay all intervening damages to the leased property, resulting from waste, and intervening rent for the premises; and such appeals shall be tried in the same manner, and further proceedings had therein, according to the practice in appeals in other cases in said court.

107. On the trial of said suit in the supreme court of the district, if the jury find for complainant, they shall assess the damages and intervening rent; and in case of default the same shall be assessed by the court.

108. The fees of the justice issuing the process and hearing the issue, and making up the record and certifying the same, and the officer for serving the process, shall be those allowed in civil causes.

109. The power claimed and exercised, as of common right, by every landlord, of seizing, by his own authority, the personal chattels of his tenant for rent arrear, is Right of distress hereby abolished; and instead of it, the landlord shall have a tacit lien upon such of the tenant's personal chattels, upon the premises, as are subject to execution for debt, to commence with the tenancy, and continue for three months after the rent is due, and until the termination of any action for such rent brought within said three months. And this lien may be enforced :

Landlord's lien.

How enforced.

22 Feb. 1867 13. 14 Stat. 404.

Declaration in replevin.

Affidavit.

Security.

Ibid. 14.

Practice in replevin.

Ibid. 15.

Appearance.

Ibid. 16.

Damages.

:

I. By attachment, to be issued upon affidavit that the rent is due and unpaid; or if not due, that the defendant is about to remove or sell all or some of said chattels : or, II. By judgment against the tenant and execution, to be levied on said chattels or any of them, in whosesoever hands they may be found: or,

III. By action against any purchaser of any of said chattels, with notice of the lien, in which action the plaintiff may have judgment for the value of the chattels purchased by the defendant, but not exceeding the rent arrear and damages.

XI. REPLEVIN.

110. The declaration in replevin shall be in the following or equivalent form: “The plaintiff sues the defendant for (wrongfully taking and detaining), (unjustly detaining) his said plaintiff's goods and chattels, to wit: (describe them) of the value of $—. And the plaintiff claims that the same be taken from the defendant and delivered to him; or if they are eloigned, that he may have judgment of their said value, and all mesne profits and damages, which he estimates at $—, besides costs." And at the time of filing the declaration, the plaintiff, his agent or attorney, shall file an affidavit, sworn to before the clerk, stating :

I. That, according to affiant's information and belief, the plaintiff is entitled to recover possession of the chattels proposed to be replevied, being the same described in the declaration :

II. That the defendant. has seized and detains, or detains the same:

III. That said chattels were not subject to such seizure or detention, and were not taken upon any writ of replevin. And he shall, at the same time, enter into an undertaking with surety, approved by the clerk, to abide by and perform the judgment of the court in the premises.

111. If the officer's return of the writ of replevin be, that he has served the defendant with copies of the declaration, notice to plead 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 same, and damages for detention; or he may renew the writ, in order to get possession of the goods and chattels themselves. 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 court may order that the defendant appear to the action by some fixed day; and of this order the plaintiff shall cause notice to be given, by publication in some newspaper of the district, at least three times, the first of which shall be at least twenty days before the day fixed for the defendant's appearance; and if the defendant fail to appear, the court may proceed as in case of default after personal

service.

112. If the defendant appear, he may plead not guilty, in which case all special matters of defence may be given in evidence; or he may plead specially.

113. Whether the defendant plead, and the issue thereon joined is found against him; or his plea is held bad on demurrer; or he make default after personal service, or after publication; the plaintiff's damages shall be ascertained by the jury trying the issue, where one is joined, or by a jury of inquest, where there is no issue of fact; and those damages shall be the full value of the goods, if eloigned by the defendant, including, in every case, the loss sustained by the plaintiff by reason of the detention; and judgment shall pass for the plaintiff accordingly.