Alexandria gazette & advertiser. [volume] (Alexandria [D.C.]) 1822-1824, 1823-02-15

| pea,s to the action, but DELAYS to make up the
issue: this issue Is to be made up whether a
! Jury is required or not there IS no provision
in the whole bill which authoIises the justice to
| proceed in the case, in default OF an issue not
| being made up by the defendant. In the law
of Virginia, prescribing the mode OF proceeding
in common law and chanceTy cases, there IS
an express power given to proceed in the case,
il the defendant, after beng served with pro-
cess, fails to appear and make up the issue.
| BY the defendants emitting to make up the Is.
sue, he NAV delay the trial as long as he plea
ses. Second, II the issue is In due time made
| up, either party may demand a jury; on
which demand the Justice is required to issne a
writ of venIre facias under his hand and seal,
for summoning the jury. fthe writ is not is
sued, and that in strict legal form, for which
duty, very few, if any Of the justices, are quail.
| fled. A jury summoned without a duly formal
writ, NAV be objected to, which of course will
create delays In the trial. The time Of trial
may be as distant as the justice pleases i; and if
the particular magistrate who issues the writ,
TOR the Jury is absent, or sick, or from any o.
Their cause, cannot attend to the trial, no other
Justice can proceed with the case.
Third, There may be a delay in summoning
Tic Jury u Jill " INV
to punish a Juror who fails to obey the sum-
mons, or to compel his obedience; but the
constable is to continue sunmoning persons
unit! he gets a sufficient number to attend. 1t
is not difficult to foresec that he will not find
it an easy matter to induce a sufficient number
of person, fitted to serve on the jury, volunta-
rilv to attend on a service where they may be
kept in a private room a day or more, without
-..t ~. I,nI av.spf tpafer for twelve and a
half cents, for the whole time they may be de.
tanned on the Jury. Such persons as may be
willing to serve on these terms, it is more than
probable, will not possess such qualifications
a. a,e required by the laws to fit them for iu-
rymen which will of itself be a cause Of chal.
lenge. IT is not to be expected that the par.
tv will consent to wave an objection to ajuror,
unless he is Of that character to suit his parti.
cular interest.
Fourth, If all the proceedings before the
justice are regular. and a judgment is rendered
against the debtor, the party agan't whom the
Judgment may be, will have a right by the 9TH
section of the bill, if the sum is over five dol
lars, to appeal to the Circuit Court, If the
Circuit Court has closed its session a few days
before the judgment IS rendered by the magis'
trate, the appeal will delay the trial six months
longer, at least, after the appeal is granted.
Before the appeal can betsken up in the Cir.
cut Co, 1T, a luminous is to be issued and re-
turned served on the appelled or if the first
Summons is returned non est, one is to be Is.
sued and It returned to the office before the ap.
peal can be tried. the bill does not provide whs-
Their this luminous is to be issued by the JUS
tice of the peace or by the Circuit Court.
After the appellee is fairly in Court, either
party may for good carse shewn, ha, 1.-The case
continued ntil the next term. Upon the APP
peal to the Circuit Court either party NAV
there demand a trial by jury lfa jury is re
q ired, then the case will take its course on
the docket. After the case IS decided in the
appellate court there ie no provision in the bill
that an execution is to 20 from the Circuit
Court; but # the easel to be sent back to the
magistrate for him to issue an execution, then
by the second section Of the bill, no execution
can be issued until after sixty DAYS from the
date If The Judgment, to afford the debtor an
opportunity to give within the sixty DAYS a
supersedias bond, which if he gives, will sns-
pend the Issuing the execution six months
fromthe expiration of the sixty days, So that
the debtor after there is a final Judgment, NAV
~suspend'the payment ofthe debt eight months
longer; hut if he does not think proper, or be
not able. to give the supersedias bond, vet as no
execution can issue before the end Of sixty
davs from the date ei the judgment. the debt
Or may during the ST Ity days, remove himself
and property out of the District. There i, no
thing in the bli to prevent him. He has not
been obliged to give bail on the service Of the
warrant. nor can his property be attached or
exec' ted.
think it must appear. that the bill as it now
is, instead of cxpediting the recovery OF debts,
! will not only contribute to delay their recove-
! ry, but afford the debtor an opportunity OF re
moving himself and his property beyond the
reach ofthe effect ola Judgment against him.
The next pretelt for the passage of the bill
is, that cit WILL SAVE EXPENSE"
This is a mistake. it will INCREASE, the en-
penss. In all cases where a jury is emPannel-
led, the parties more than probable, will EN-
ploy counsel, whose fee in cases before a JUS
tice of the peace, is not limited by law; they
therefore may charge what they please, The
next expense is twenty five cents for issuing
the venire f~aclas, and twelve and a half cents
for swearing the jury, to be paid to the Justice;
to each Juror sworn twelve and a half cents, or
enc dollar and fifty cents for the Jury, and thir-
ty seven and a halt cents to the constable Tor
sum n%oning the jury and k~eePingthe jury to.
gethcr while considering of their verdict.
Thus the expense of ma, Ing a jury will he ;"o
dollars and twenty-five cents in addition to the
other expenses now allowed IN cases Of war.
rants, o which may be added the attorneys
fees, which it is probable will not be less
than five dollars, so that the additional ex-
pense. if the case stops at tbs judgment Of the
magistrate, will be seven dollars and twenty
five cents but itthere is an appeal to the court
the expenses will be increased, which in claims
of five dollars, will be greater than the sum in
dispute. This bull will put 1t IN the power of a
party disposed TO he i'll natured TO his adverse
~, to force him into this additional expense.
There are other objections to this bill. 1T is
objectionable that a inry should be summoned
by a constable. who will find it very difficult to