The Alexandria herald. [volume] (Alexandria [Va.]) 1811-1826, 1823-05-30


where the writ Of original process, issued
tor the recovery Of the same shall lave
been impetra,ed at any time before the |
hrstday Of June nex.
Sec.7. That in all cases where the |
debt or demand doth exceed the sum Of
hive dollars, and either plaintiff or defen-
dant shall think him or herslf aggrieved
by the judgment of any justice OF the
peace, he or she shall DC at liberty 10 APP
pealto the next circuit 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 summa-
ry way, empowered and directed 10 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 a?>
| plying for the same; and either OF the
said parties may demand trial by jury,
or leave the cause 10 be determined by
the court, at their election; and, in any
case OF appeal from the decision of a JUS
tice of the peace, the circuit court,
where two summonses against the APP
pellee shall be returned non EST, or ore
attachment returned non est, and the said
appellee shall not appear, the court may
J proceed to hear and determine such case,
; IN same manner as if the appellee had
} regularly appeared; Provided, Fhot no
appeal from the judgment Of any justice
oil 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 cour, shall
&, be satisfied that the defendant had motto e
2 of such judgment at least 10 days before
$ the sitting of said circui, court.
: Sec. s. That, from and after the first
G day OF June next, no justice of the peace
:; within the district of Columbia, before
e whom any judgment rendered by JUS
: ,ice efthe peace, hath been taken, shall
j. make return Of any such judgment or
o supercedeas to the Office of the clerk of
y the circuit court of the district of Colum.
bia, Tor the purpose that the same should
g be recorded or filed therein,by the clerks
OF the said circuit any law to the con-
e rary notwithstanding.
J, Sec. 9. That any justice of the peace
is before whom supercede may be taken,
J. or any other justice OF the peace of said
e county, may, and shall, at the reques,
n OF the plaintiff, or any other person autho.
lie rized by, or on behalf of, the said plain.
j tiff, issue execution, by way of capias ad
E. satisfaciendum, or heri facias, against
~ the principal debtor and his sureties, OIL
&c oil the time so ,neationed ia the said sn
u percedeas.
81, Sec. 10. That the constables of N,
re saro district who have been, or ma,
"a hereafter be, daily appointed and onaI;'
n ned according 10 law, are hereby autbo.
l. rlzed ard empowered to serve and lev,
g executions issued by Justice of the
peace on judgments obtained for small
d deots' out OF court, in the same manner
ana by The same process, as the marshal
e oil the district of Columbia, or his dem.
IS 'ies' are authorized TO Go and that a
: commission OF 1--WE per cent be allowed
i me constable Tor every sum thereon by
Elm levied Provided, that said coDs,a-
I, bic shall, before they proceed to the dis.
s. charge ofthc duties required BY this act
l. give bond to the United States, with good
IS and sufficient security, in the penalty Of
: TWO thousand dollars, to be approved o,
70 by any one of the Judges of the cir.
: cult court of said district for the
J. due performance of tbs duties of con.
o stable, and, also, for the duties and trus,s
rePosed IN them by virtue of this ac,
e and 1t shall be the duty of such Judge,
e ioithwItbS to have The same filed or en-
al tered on record by the clerk ofthe coun.
y ty III which said constable may reside. a,
n The cost and expense of said constable =
D. And the said consiables shall, after this
e act goes into effect make all returns
., now made to the clerk of the circuit mr.
IT county court, to the justices orthe peace.
J. al such times, IN such manner, and IN.
der such penalties, as are at present es,ab.
y nshed by law, in rendering the same IN
e the said clerk Provided, That NO re,,,rr
; Judgment, or execution, shall be receiv'
s ed or recorded, as satisfied, by said ;ns.
Il Ices OF the peace, without the receint ol
:, the plaintiff annexed TO the same pro
e vIded, also, That nothing in this act cor.
aimed, shall be construed to prohibil or
! prevent the marshal, or his deputies n
the respective counties in the district of
!, Columbia, from executing or levine
executors, issued by Justice of the
peace, Tor snall debts, out Of court, when
a