Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1830-03-19

80. QUESTION 10 The answer oil the hrs' l".o
., ."'' =. ,h. existing law, judgments and De-
.r.s. Of n. court are liens on real estate iron
n. dale Of The Judgment or decree. nc oo','.
NON law princiDle is, that the whole 'erh
I'm, one day. therefore all judgments: aho ue'
rrees NJ the same term have equal uen' "o"e
having a preference. We think HIATUS &c re-
ou;re, hi, rule should be altered, and lei tue
Ter ,ake "A. CT from The day OF the Term ""
which the Judgment or decree Is rehae'eo.
The lien on personal property takes en 'sa
from the day the execution is pus '"'o '"S
hands Of The officers. .; IF
judgments rendered by single Jus'ice o,
the peace, GU, of court, and execution 's''eu
on their judgments, were liens IN 'ne sa"e
manner that the judgments Of the court "e'e'
These lien. being scattered through Tue ~
try in the different justices Offices, 1t was GIN
cult 10 ascertain whether there were Juds"e
against the owners Of real estate, or ""e'ne'
there were executions in the hands OF co"s.a'
HES which bound the personal estate. NC
consequence was, that persons run grea' ',e4".
in buying either real or personai ProPe
To obyiaie this Inconvenience, Congress oy '"e
fourth section of an act passed the 'hiro M'!'
1902. enti led "An-act additional to, anc amen
da,ory OF an act," entitled 4" An act conce'".
ing The Dis riot of Columbia" declaring ."a'
in cases where a magistrate haze Jurlsdic''o"c
which then did not exceed $50 exclusive "
costs, executions shall issue by order 0i inc
Justice who may have tried The case, from =, ."e
clerks Office. and be reiurnable there. r"r
this provision, see 9th vol. page i79' "F
consequence Of this provision was, 'ha' lne
judgments Of every justice OF the peace 10 '"e
county were deposited in pablo Office acces
s;ble 10 all and uhere all could conveniently
examine for the selves, where rhey were COZ
e,ed. and the time when the judgment was rem
dered. and when The execution was issued s'a', 1.
ed in an execution dockei kept by The CLERK OF
the court. On the FIRST OF March, 1928, Ioh-
eress passed an act extending the J"risd.'uco
Of the justices Of the peace 10 the sum Oh MY
dollars, which is very defective IN IT'S pro'is>
ions.
Nv the 9Th and 9Th sections of this act, Inc
justices are no, to return their judgments to the
clerk, Office: but, by the 9Th section, The Justi
r., are authorized 10 issue the execution, ou'
no Indictment is 20 have he effect OF lien on
The real estate. The lien on real estate, create
.d bv the delivery Of the execution In the con-
stable, still continues.
nv The I'D 4,h and 5h sections, the JUSTICES
are required TO keep docket, and he IS requir''
ed on his removal or resignation, or his exeeu'
TORS or administrators on his death, 10 deposii
with the clerk of The Circuit Court the doeke'
and papers of such justice OF the peace, isr The
safe keeping or access OF those VINO s"a" "a'e
occasion 10 examine them.
The clerk of The court in Alexandria states.
,ba, where justices have died, in only two in
stances have the papers and docke's been de-
posied in his Office and they i" such state
Of disorder and confusion, as 10 be OF little or
no benefit TO the pubic. We therefore think
the public COOL and convenience require, ina,
the s,b and 9;h sections Of he act Of the Isl oil
March, 1928, ought TO be repeated, and the 4
section OF The act Of the 4th Nay, 1902, re-en
acted.
We think il would be proper TO require me
clerk to keep cross index Of judgments rem
dered BY the court. and ofexecurions issued,and
,ha, he be allowed such compensation as the
cour, shall think fit for the same.
.Ans,per "a Gases OF hardship have frequent-
" occurred under the laws referred TO in the last
eigh, interrogatories, being laws long in force,
but they have not been noticed with precision;
we. therefore, cannot now state them
.Ans,oer IS. The definition OF Migrants ought
TO be more exact. We think hsbi'ual drunk
ards, and females who lead an idle, GissIpaled
life, ought to be included.
The laws Of Virginia, which is in force in
Alexandria. upon the subiec, Of tavern licences
is very particular as TO 'he requisites tor a Ia
vern licence We think it would be better in
towns to dispense with some Of them; such as
requiring the tavern keeper TO have sufficient
s,ablng for the horses Of travellers. Tavern
keepers ough, 10 be made responsible for per-
mi,iing persons to &c, drunk in their houses,
if they do not forthwith give information 10
some justice Of the peace, who should require
such person to give security for his good beha-
vior.
The power vested in the corporation, as TO
The sale of den, spirits, is sufficient.
.ans,cer l6 We think the detects which ex.
list in The organization of the courts of justice
may be easily removed, without creating a Sc
parate court for chancery cases and criminal
trials Let the court be required 10 SET apart
a, the commencement Of the term. certain
number Of days for the trials of common law
cases, and ano' her certain number for the trial
OF chancery causes. Give the court the power,
when in their opinion it may be necessary, to
order sDPcial session or court for tor Fri al