Alexandria gazette & daily advertiser. [volume] (Alexandria [Va.]) 1817-1822, 1822-01-26
imsetrated at any time before the FIRST day

Of June next.
Sec. z. And be IT. further enacted, That
If either the plaintiff or defendant snail
think him or herself aggrieyed by the
| Judgment of any justice. OF. the peace, he
| or she shall have the right OF appeal, as
heretofore allowed by tue act OF Maryland
OF November seventh, seventeen hundred
and ninety one, to the next circuit court.
| according to the mode therein prescribed,
| except that, instead OF twenty shilings,
the sum ON which the right of appeal shall
be granted shall not he less than tive dol.
| lars; Provided, That No appeal from the
| Judgment of any justice OF the peace to
the circuit court OF the District of Column
bia 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 otsaid cir
cult court.
| Sec. 8. And be iffurther enacted, That
| from and alter the Rrst day OF June next,
no Justice of the peace within the District
| of Columbia. before whom any judgment
hath been rendered, or any supersedeas
| or any Judgment rendered, by justice OF
| the peace ha h been taken, shall make
return of any such Judgment or superse
IDEAS to the office of the olerk OF the cir
cult court of the District Of Columbia. Tor
the purpose that the same should be re-
corded or filed therein, by the clerks OF
the said circuit court, any law to the con-
| trary Notwithstanding. -
Sec. 9 And be II further enacted, That
any Justice of the peace before whom su
persedea. may be taken. or any other JUS
lice of the peace Of said county, may and
shall. at the request of the plaintiff, issue
execution by way of capIas ad satlsta-
ciendum. or fieri facias, agans. the prin-
cipal debtor and his securities, or against
either of them, after the expiration OF the
time so mentioned in the said superse-
IDEAS.
Sec. 10. And be 1t further enacted, That
the constables of the SAID District who
have been, or may hereafter be duly APP
pointed and qualified according to law, are
hereby authorised and empowered TO serve
and levy executions issued by justice OF
| the peace on Judgments Obtained for small
debts out otcourt, in the same maaner and
| by the same proc ess, as the marshal OF the
| District of Columbia, or his deputies, are
authorised to do, and that commission OF
Eve per cent. be allowed the constabIe
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 sufi-
Gent security, in the penalty of two thou
sand 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 constable, and, also, for the
duties and trusts reposed in them by vIr-
ture Of this act, and II 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 con-
stable: And the said constables snall, az
ter this act goes into effect, make all re-
turns, now made to the clerk OF the cir
| cult or county court, to the justices of the
peace, at such times, in such manner, and
| under such penalties, as are at present es
| tablshed by law, in rendering the same to
the said clerk. Provaded, 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 10 the same Prov,ded
| also, That nothing in this act contained
shall be construed to prohibit or prevent
the marshal or his deputies. in the respec-
tive counties in the District Of Columbia,
from executing, or levying executions, is.
| sued 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, Tor executr
ing, or levyins such executions. the SAID
| marshal, or his deputies. shall be entitled
| to the same commission and nothing more
as is herein allowed to constabes in such
cases.
Sec. II. And BE- II further enacted, That
where any judgment before any justice OF
the peace shall have continued for more
than one year, and the said Judgment had
not been paid or satisfied. ii shall AID 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 tbs same by scire facias, which
shall be made returnsble on certain day,
not exceeding forty days from the time of
issuing the same. to the said justice, or any
other justice of the peace of said county;
and any constable qualified as above men
toned, of the said county, is hereby au-
| thorized and required 20 s4rve such writ
of scire facias, and naked return there
of on the return day mentioned in the said
writ, in the same manner, and emitted 10
he same fee, and liable 10 the same penal
| ty, as in the case OF warrant issued by a