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vided, nevertheless, That nothing in this act contained shall ex- Proviso.
tend, or be construed to extend, to divest the circuit court of
the District of Columbia from the power of holding plea of any
debt or damages, where the same doth not exceed the sum of
fifty dollars, or may be above the sum of twenty dollars, where
the writ or original process, issued for the recovery of the same,
shall have been impetrated at any time before the first day of
June next.

circuit court.

7. That in all cases where the debt or demand doth exceed In all cases the sum of five dollars, and either plaintiff or defendant shall over five dolls. parties agthink him or herself aggrieved by the judgment of any justice of grieved may the peace, he or she shall be at liberty to appeal to the next cir- appeal to the cuit court to be held in the county in which the said judgment shall have been rendered, before the judges thereof; who are hereby, upon the petition of the appellant, in a summary way, empowered and directed to hear the allegations and proofs of both parties, and determine upon the same according to law and the equity and right of the matter, at the same term in which the said petition shall be exhibited, without further continuance or delay, unless it shall appear to the said court that further time ought to be given to the party applying for the same and either of the said parties may demand a trial by jury, or leave the cause to be determined by the court, at their election; and in any case of appeal from the decision of a justice of the peace, the circuit court, where two summonses against the appellee shall be returned non est, or one attachment-returned non est, and the said appellee shall not appear, the court may proceed to hear and determine such case, in the same manner as if the appellee had regularly appeared: Provided, That no appeal from Proviso. the judgment of any justice of the peace to the circuit court of the District of Columbia shall be dismissed because the same had not been prayed to the circuit court next after the rendition of such judgment, unless the court shall be satisfied that the defendant had notice of such judgment at least ten days before the sitting of said circuit court.

turned to the

§ 8. That from and after the first day of June next, no justice Judgment or supersedeas of the peace within the District of Columbia, before whom any not to be rejudgment hath been rendered, or any supersedeas on any judg- clerk of the ment rendered by a justice of the peace, hath been taken, shall circuit court. make return of any such judgment or supersedeas to the office of the clerk of the circuit court of the District of Columbia, for the purpose that the same should be recorded or filed therein, by the clerks of the said circuit court; any law to the contrary notwithstanding.

sue execution.

9. That any justice of the peace before whom supersedeas Justice to ismay be taken, or any other justice of the peace of said county, may, and shall, at the request of the plaintiff, or any other person authorized by, or on behalf of, the said plaintiff, issue execution, by way of capias ad satisfaciendum or fieri facias, against the principal debtor and his sureties, or against either of them, after the expiration of the time so mentioned in the said supersedeas.

Constables

$10. That the constables of the said district, who have been, may serve and

levy executions, &c.

Proviso.

Proviso.

Proviso.

Justices may

or may hereafter-be, duly appointed and qualified, according to law, are hereby authorized and empowered to serve and levy executions issued by a justice of the peace, on judgments obtained for small debts, out of court, in the same manner, and by the same process, as the marshal of the District of Columbia, or his deputies, are authorized to do; and that a commission of five per cent. be allowed the constable for every sum thereon by him levied Provided, That the said constables shall, before they proceed to the discharge of the duties required by this act, give bond to the United States, with good and sufficient security, in the penalty of two thousand dollars, to be approved of by any one of the judges of the circuit court of said district, for the due performance of the duties of a constable, and, also, for the duties and trusts reposed in them by virtue of this act; and it shall be the duty of such judge, forthwith, to have the same filed or entered on record by the clerk of the county in which said constable may reside, at the cost and expense of said constable. And the said constables shall, after this act goes into effect, make all returns now made to the clerk of the circuit or county court, to the justices of the peace, at such times, in such manner, and under such penalties, as are at present established by law, in rendering the same to the said clerk: Provided, That no return, judgment, or execution, shall be received or recorded as satisfied, by the said justices of the peace, without the receipt of the plaintiff annexed to the same: Provided also, That nothing in this act contained shall be construed to prohibit or prevent the marshal, or his deputies, in the respective counties in the district of Columbia, from executing or levying executions, issued by a justice of the peace, for small debts, out of court, when the same are put into their hands for that purpose, in the same manner as by law they have been, or now are, authorized to do; but, for executing or levying such executions, the said marshal, or his deputies, shall be entitled to the same commission, and nothing more, as is herein allowed to constables in such cases; and where the marshal or constable shall have received money, on any judgment or execution, not exceeding twenty dollars, and shall fail or omit to pay the same to the plaintiff, or his agent, when thereto demanded; or shall omit or fail to return any execution within the time limited for such return, it shall and may be lawful for any court of record, within the district of Columbia, on motion. made, five days previous notice being given to said marshal or constable, to enter up judgment, instanter, against them, for the amount so received, with interest and costs.

§ 11. That where any judgment, before any justice of the revive judge peace, shall have continued for more than one year, and the said ments by scire facias. judgment had not been paid or satisfied, it shall and may be lawful for the justice before whom the said judgment had been obtained, or any other justice of the peace for said county, to revive the same by scire facias, which shall be made returnable on a certain day, not exceeding forty days from the time of issuing the same, to the said justice, or any other-justice of the peace, Constables to of said county; and any constable, qualified as above mention

serve scire

facias.

ed, of the said county, is hereby authorized and required to serve

such writ of scire facias, and make due return thereof on the return day mentioned in the said writ, in the same manner, and entitled to the same fee, and liable to the same penalty, as in the case of a warrant issued by a justice of the peace, as directed by law, in such case made and provided.

deliver per

to the marshal

$ 12. That it may be lawful for any constable, qualified as Constables to aforesaid, to deliver, at the county jail, to the marshal of the sons commitsaid county, any person committed by a justice of the peace, on ted, at the jail a capias ad satisfaciendum, when the case may or doth so re- or jailer, &c. quire; and that the said marshal, or his jailer, is hereby required and directed to take charge of such person, and the same in his custody safe keep, until such person or persons shall be duly discharged therefrom according to law.

dum.

13. That the justices of the peace be, and they are hereby, Justices auauthorized and empowered to issue capias ad satisfaciendum, or sue capias ad fieri facias, in all cases where the said justices are empowered satisfaciento render judgment by virtue of this act, or the laws already in existence in the district of Columbia: Provided, however, and Proviso. it is hereby enacted, That the necessary beds, bedding, not ex-. ceeding one bed and the bedding thereof, for every two persons belonging to the family of every such debtor, and wearing apparel, and one cow of each and every debtor and his family, against whose goods, chattels, and effects, a writ of fieri facias shall be issued, as aforesaid, shall not be liable to seizure and sale, under such writ, but shall, in all cases, be exempt, together with the tools and implements of his trade, from the operation of the same; nor shall it be lawful for any person to distrain them

for rent.

14. That it shall and may be lawful for the several justices Justicus' feon. of the peace within the district of Columbia to ask and receive, for the performance of their duties under this act, such fees as are allowed to said justices, for similar services, by the laws at present in force in the said district.

§ 15. That, in every action to be brought by virtue of this act, where the sum demanded shall exceed twenty dollars, it shall be lawful for either of the parties to the suit, after issue joined, and before the justice shall proceed to inquire into the merits of the cause, to demand of the said justice that such action be tried by a jury; and, upon such demand, the said justice is hereby required to issue a venire, under his hand and seal, directed to any constable of the county where said cause is to be tried, commanding him to summon twelve jurors, to be and appear before the justice issuing such venire, at such time and place as shall be therein expressed; and the jurors thus summoned shall possess the qualifications, and be subject to the exceptions, now existing by law in the District of Columbia.

Parties may

demand a trial

by jury.

deliver their

16. That if any of the persons so summoned and returned Jurors to be as jurors, shall not appear, or be challenged and set aside, the sworn, and to justice before whom the said cause is to be tried, shall direct the verdict publicconstable to summon, and return forthwith, a tales, each of whom ly to the jus shall be subject to the same exceptions as the jurors aforesaid, give judgment so as to make up the number of twelve, after all causes of chal- thereon, and lenge are disposed of by the justice; and the said twelve per- tion.

VOL. III.

219

tice, who shall

issue execu

Additional fees of justices, and fees of jurors.

Vol. iii. p. 1828. 1952. 2023.

Vol. iv. p.

2109. East and

sons shall be the jury who shall try the cause, each of whom
shall be sworn by the justice, well and truly to try the matter in
difference between the parties, and a true verdict to give, ac-
cording to evidence; and, the said jury being sworn, shall sit
together, and hear the proofs and allegations of the parties, in
public, and when the same is gone through with, the justice shall
administer to the constable the following oath, viz: "You do
swear, that you will keep this jury together in some private room,
without meat or drink, except water; that you will not suffer
any person to speak to them, nor will you speak to them your-
self, unless by order of the justice, until they have agreed on
their verdict." And when the jurors have agreed on their ver-
dict, they shall deliver the same publicly to the justice, who is
hereby required to give judgment, forthwith, thereon; and the said
justice is hereby authorized to issue execution on said judgment,
in the manner, and under the limitations, herein before directed.
17. That, in addition to the fees herein before provided for
in trials before justices, there shall be allowed to the justice, for
issuing a venire facias, twenty-five cents, and for swearing the
jury, twelve and an half cents; to the jurors sworn to try, twelve
and an half cents each; and to the constable, for summoning the
jury, thirty-seven and an half cents. [Approved, March 1, 1823.]

CHAP. 156. An act to amend "An act for the establishment of a territorial government in
Florida," and for other purposes.

1. Be it enacted, &c. That all that territory, ceded by Spain to the United States, known by the name of East and West FloWest Florida rida, shall constitute a territory of the United States, under the territory, un- name of the territory of Florida, the government whereof shall der the name be organized and administered as follows:

to constitute a

of the territory

of Florida.

his duties.

2. That the executive power shall be vested in a governor, Governor and who shall reside in the said territory, and hold his office during the term of three years, unless sooner removed by the president of the United States. He shall be commander in chief of the militia of the said territory, and be, ex-officio, superintendent of Indian affairs; and shall have power to grant pardons for offences against the said territory, and reprieves for those against the United States, until the decision of the president of the United States thereon shall be made known; and to appoint and commission, by and with the consent of the legislative council, all officers, civil and of the militia, whose appointments are not herein otherwise provided for, and which shall be established by law. He shall take care that the laws be faithfully exccuted. Secretary and 3. That a secretary of the territory shall be appointed, who his duties. shall hold the office during the term of four years, unless sooner removed by the president of the United States; whose duty it shall be, under the direction of the governor, to record and preserve all the papers and proceedings of the executive, and all the acts of the governor and legislative council; and transmit authentic copies of the proceedings of the governor, in his executive department, every six months, to the president of the United States.

death, &c. of the governor,

4. That, in case of the death, removal, resignation, or ne- In case of cessary absence, of the governor of the said territory, the secre- the governor, tary thereof shall be, and he is hereby, authorized and required, the secretary to execute all the powers, and perform all the duties, of the to act in his governor, during the vacancy occasioned by the removal, resignation, or necessary absence, of the said governor; who shall, in no case, leave the said territory without permission first had of the president of the United States.

place.

powers vested

5. That the legislative powers shall be vested in the go- Legislative vernor, and in thirteen fit and discreet persons of the territory, in the governor nine of whom shall constitute a quorum to do business, to be call- and legislative ed the legislative council; who shall be appointed, annually, by latter to be council, which the president of the United States, by and with the advice and appointed anconsent of the senate, from among the citizens of the United nually by the president. States, or from among the inhabitants of the territory, resident there at the cession; but no person shall be eligible as a member of the said legislative council, who shall not have resided in the said territory at least six months previous to his appointment. The governor and legislative council shall have legislative powers over all rightful subjects of legislation; but no law shall be valid which is inconsistent with the constitution and laws of the United States; or which shall lay any person under restraint, burthen, or disability, on account of his religious opinions, professions, or worship. The governor shall publish, throughout Powers of the legislature. the said territory, all the laws which shall be made; and shall, on or before the first of December, in each year, report the same to the president of the United States, to be laid before congress; which, if disapproved of by congress, shall thenceforth be of no force. The governor and legislative council shall have no power over the primary disposal of the soil, nor to tax the lands of the United States, nor to interfere with the claims to lands within the said territory. The legislative council shall hold a session once in each year, commencing on the first Monday in May, in each and every year, but shall not continue longer in session than four weeks, after the first session, which shall not continue longer than eight weeks; to be held in the city of St. Augustine, or at such other place, or places, as the governor and council may, from time to time, direct. It shall be the duty of the governor to obtain all the information in his power in relation to the customs, habits, and dispositions, of the inhabitants of the said territory, and communicate the same, from time to time, to the president of the United States.

presented to

$6. That every bill which shall have passed the legislative Bills which council, shall, before it become a law, be presented to the go- the legislative have passed vernor. If he approve of it, he shall sign it; and, if not, he shall council, to be return it, with his objections, in writing, to the legislative coun- the governor. cil, who shall enter the objections at large on their journal, and proceed to reconsider it. If, after such reconsideration, two thirds of the members of the legislative council agree to pass the bill, it shall become a law; and the names of the persons voting for or against the bill shall be entered on the journal: Provided, Proviso. nevertheless, That all bills to tax the inhabitants of the said territory, or their property, shall, before they become laws, receive

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