The Alexandria herald. [volume] (Alexandria [Va.]) 1811-1826, 1823-02-24

| ~ notwithstanding provided, ,7everthe.
fess, That nothing in this act con, aimed
shall extend, or be construed to extend,
TO divest the circuit court OF the Dis. Col
from the power Of holding plea of auydebt
or damages, where the same doth not
exceed the sum of $50 dollars, or may be
above the sum oil $50, where the writ or
original process, issued for the recovery
OF the same, shall have been impetrated
at any time before the FIRST ofJune next.
sec z. That in all cases where the debt
| or demand doth exceed the sum OF Ave
| dollars, and either plaintiff or deien-
dant shall think him or herself aggrieved
by the Judgment Of any Justice of the
peace, he or she shall be at liberty to APP
peal to the mex, circuit court to be held
IN the county in which the said judg ment
shall have been rendered, before the
judges thereof; who are hereby, UPON
the petition of the appellant, in sum.
| mary way, empowered and directed to
! hear the allegations and proofs Of both
parties, and determine upon the same &C.
cording to law, and the equity and right
| of the matter, at the same term in which
the said petition shall be exhibitedy with.
OUT further continuance or delay, unless
it shall appear TO the said court that fur.
ther time ought to be given to the party
applying tor the same and either of The
said parties may demand trial by Jury
or ieaye the cause 10 be determined by
the court, at their election; and in any
case o. appeal from the decision of JUS
tee ofthe peace The circuit court, where
shall be returned non EST, or one attach
ment returned non est, and the said ap.
pellee shall not appear, the court may
proceed to hear and determine such case
IN the Same manner as ifthe appellee
had regularly appeared: Provided,
That no appeal from the judgment OF
anyjusticc of The peace 10 the circuit cour,
ct the District of Columbia shall be dis
| missed, because the same had not been
prayed to the circuit court next after the
condition Of such Judgment, unless the
cour' shall be satisfied that the defen.
dant had notice Of such Judgment, at
least ten days before the sitting of said
l circuit court.
Section s. That, from and after the
first day OF June next, no justice of the
| peace within The District of Columbia,
| before whom any judgment hath been
| reDdcred,or any supersedeas en- any iude-
ment rendered Ivy Justice of the peace.
hath been taken, shall make return of
any such judgment or superscdeas to the
office of fhe clerk OF the circuit court CT
the District of Columbia, for the pur.
pose that the same should be recorded or
filed therein by the clerks Of the said cir
cui, court, any law to the contrary not.
withstanding
Sec 9. That any justice of the peace
before whom supersedeas may 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 autho
rized by or on behalf of, the said plaintiff
issue execution, by way of capias as ad
sat!siaciendum, or fieri facias, against the
principal debtor, and his securities, or a
| gainst either of them, after the expira,
| ton OF the time mentioned in the said
supersedeas.
Sec. 10. That the constables OF the
said district, who have been, Oh may
hereafter bes duly appointed and quail
he'd, according to law, are hereby autho-
rized 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 de-
| putles, are authorized 10 do and that
commission of FIVE per cent, be allowed
the constables for every sum theron by
him levied Provided, That the said
constables shall, before they proceed
to the discharge of the duties required
by this act, give bond 20 the U. S., with
good and sufficient security, in the penal
ty oItwo thousand dollars, to be approx
ed OF by any one of the judges of the cir.
cult court of the said district, for the due
I performances of the duties Of constable,
! aDdp also, for the duties and trusts repos-
ed IN them by virtue of this act and il
shall be the duty of such Judge, forthwith,
TO have the same fled or entered on re
cord 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 penal
Ties, as are at present established by law,
IN rendering the same to the said clei k {:
Prnvided That nm rat.,rn ;,de.,oor, -.