Alexandria gazette & daily advertiser. [volume] (Alexandria [Va.]) 1817-1822, 1822-01-26
THE GAZETTE
SATURDAY JAN. &c, 1922.

herewith send you copy of bill which has
been reported to the House of Representa-
tives oto extend the jurisdiction of Justices OF
the peace in the recovery of debts IN the DIS
trict of Columbia % which you will publish
for the information of the people of the town
and county of Alexandria.
The first section of the bill extends the Jurls-
diction of single magistrate to the sum OF fiity
dollars. This is in opposition to the constitu-
ton. which declares that in suits at common
law. where the value in controversy shall eX-
coed twenty dollars, the right of trial by Jury
Shall b preserved.
| The second section authorises the defendant
against whom Judgment shall be gwen at any
time ,cithin sixty DAYS after the rendition OF
judgement, to supercede the judgement, by
giving what is called supersedias bond, which
suspends the issuing an execution SIX months
from the date of the supersedias bond, so that
the debtor gets an indulgence OF eight months
after the Judgment is rendered. The justice
of the peace is to take the bond and OF course
| to Judge of the sufficency of the security.
The third sectionsequires each justice OF the
peace to keep docket, and therein to record
and make regular entries of his proceedings IN
all cases, in which they shall act under the
| said act The Justice is to issue e>ecutlon on
his Judgment in the same mannerthey are now
4 e.. tl>a Clarly,S offIce
This wasthe law until the Sd of May, 1902,
when Congress altered the law and required
that the judgments of the magistrates should
be sent to the Clerks office, in each county'
from which the execution was to issue. inns
is certainly better regulation than that pre-
posed by the bill The Clerks office IS pub
lie office, where any persen may from the re-
cords get information on his case 1t IS more
convenient as well as proper, to have but one
place to 90 to obtain information than to be run
ming about after the different magistrates. IT'S
safer to have papers kept in public oihce, than
in the private repositories OF magistrates Inc
docouet of the Clerk is more methodlcally and
regularly kept, than any magistrate can or Will
keep his.
The fourth section makes the magistrate liza.
bic for the debt, by emitting to keep doquet
OF any other negligence or omission, by which
the plaintiff having obtained a judgment, shall
loose his debt, which is to be recovered against
the Justice who is negligent, before another
Justice of the peace; and SO the creditor may
dance the rounds against the Justices of the
peace.
This is a useless provision, for if after
Judgment is rendered by a justice, as the law
now stands, the creditor by the magistrates ne
glect looses his debt, the negligent Justice IS la
BILE at common law for the debts thus lost. The
ONLY benefit oithis section Is to the Justice, who
is charged with neglect, for instead OF having
his case brought before jury In the court, ne
is to be tried by brother Justice, VINO may
possibly have sympathy for him.
The fifth section makes it the duty OF each
Justice on his resignation or removal from OF
fee, and it is also made the duty of the eXecu-
tors OF the deceased Justice, forthwith to file
with the Clerk of the circuit Court of the Dis.
trict within the county where such justice 9th
ciated, the docket of the Justice resigning, re-
moving or dying. ihis section imposes penal
ty of five hundred dollars for such omission.
The sixth section takes from the courts all
original jurisdiction in all cases under kity dol
lars.
The seventh section gives either party the
right appeal to the circuit court from the
Judgment OF the justice, in all cases where the
sum is not less than five dollars, as her etofore
allowed by the act of Maryland, Nov. z, 1891
By the act of Maryland, the party appealing is
to give bond and security to prosecute the APP
peal, which bond and security is to be approved
by the Justice of the peace, who shall render
the Judgment.
The eighth section prohibits after the first
of June, next, any Justice to return his Judge
ment and psoseedin to The e k sonce.
The ninth section gives the Justice who rem
ders the Judgement, power to issue an execu
ton asains the body ana goods OF the debtor -
Ever since the gear li4S, to the present time,
the law OF Virginia has not allowed an eXecu
ion to be issued against the body OF the debtor,
on Judgment of single magistrate. After the
assumption of jurisdiction over The District of
Columbia, executions against the body on a
Justices judgement were issued until the Sd Of