Alexandria gazette & advertiser. [volume] (Alexandria [D.C.]) 1822-1824, 1823-02-15
TRAVELLER
FOR THE
TIE ILLUSTRATES BILL.

Allb AelSl al DIAL.
lh. Edior,-Since sending you my last re-
marks, published in your paper Of the 18th
ms upon the bill, which has passed the House
of Representatives ana now depending before
the Senate, extending the jurisdiction of Jus.
tees Of the Peace IN this district, | have OBJ
tanned a copy of the bill, as amended, and sent
to the Senate. | find that some of the original
features are changed. | was mistaken as.to
that part Of nv remarks respecting the num-
Der OF the rors, TO be summoned by the con.
stable, and a. u the sum in which a Jury NAV
be required, before a justice # the peace.
The protested object of extending the juris
diction to fifty dollars, is to expedite the reco-
very of debts under and amounting to that
sum, and to lessen the expense In recovering
such debts. Before | inGUi,e whether either
OF these pretended objects will be elected by
this bill, | viii advert to two objections 60 the
first section q 1t As tho law now EXISTS
creditor who has a claim against any person.
no matter rhere he reaies, whether in Alex
andris or in Washington county, or out OF the
district-may proceed against his debtor IN
that county IN which the debtor may be found,
either by warrant, where the debt is twenty
dollars or under that sum ; and if above that
sum, then by suit in the circuit court. But
bv the first section Of this bill, in no case can
4 creditor proceed nv rarrant against his debt
or, except in that county IN the district where
the debtor reodes /; that is, a person who resides
in Washington, Virginia, MARYLAND, or any
other place out of the county of Alexandria, 1T
foxqa M the county Of Alexandria, a warrant
cannot be ISSUED against him, nor judgment be
rendered against him, because Alexandra
county is not the county in which he " So 5.
The sixth section Of the bill takes away the
original jurisdiction OF the circuit court in Ca
ses within the jurisdiction gwen to a justice Of
the peace by this act. Then, IN cases where
the debtor resides out Of the county of Alex
andria, II the debt claimed is under twenty
dollars, or amounts to that sum-the creditor
either has no remedy, or the circuit court has
original jurisdiction m the case.
By the same section, the Justice Of the peace
Is bound to give his Judgment according toHe
kcjr, eristiar In the District of Columbia, ana
the equity and right of the matter. There are
different laws in force on the same subject ia
the two counties, and vet both are laws of the
District of Columbia. Which is TO be the rule
o. his judgement! Again, the contract on which
the magistrate is required to re nder a iudg
ment may have been made out ofthe distr.c of
Columbia, and may for the proper construc-
ton and meaning OF it depend upon the law of
the place, as II, existed at the time of entering
into the contract. Yet the magistrate is to be
bound down in rendering ms dgment to the
la,cs OF tie O,trict f Coiumbia. 1t Is alledsed
by the promoters Of this Bill, that the real M
tent Of It is to expedite the recovery OF debts,
between twenty and fifty dollars.
I think | can demonstrate, it WIZ have ?
contrary effect.-A creditor is prohibited rom
suing for claims between % 90 and D.50 in the
-. ~ ...- So - ko-t o.s har
~ proceed by warrant or by a snit in the Corrt,
he might when he deemed il prudent bring a
suit, in the Court in which he could hold nis
debtor TO bail. But this option is tax or from
nm: hs snlv remedy is by a warrant, before a
J.stice oil the peace He must adopt tins mode
40 eudeavor to secure hts debts or he aas none.
On a warrant he annot hold his DEBTOR to bail,
or attach his sor, . and chattles. If the debtor
Is disposed to elude the trial, he may remove
himself and his property ont ofthe District be-
fore the trial. and thus render the Judgment
the magistrate may eve OF no value, or useto
him.
But suppose the debtor does not remove, and
he attends before the magistrate, he may. &C.
cerding to the 18th section Of the bill, if the
SUN claimed OF him is over twenty dollars. at
ter iSsrs IS inined. demand of a Justice that the
action he tried bv a Jury. on which demand,
the justice is Obliged to issue a writ called a
rsnire fieias uqIeT las hand asd seal, to anv
constable Of the county. WHARF the cause Is ito
ke trisd. To summon twelve Jurors to appear
before the ju~tice issqing such venire. at such
time and. place rs shall he therein expresse3-
touring al this time. the debtor NAV remove
bis person and property ont 81 the county,