Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1830-03-17

mini.,ra,;on Of Justice by about thirty'hse
cons,sbles. (who are appoinled by the Circuit
CourtA while in Baltimore, which contains
ponula,ion of more than eighty thousand, there
are only ten consfables devoted to justices
courts. With such swarm OF officers can
wasting for business, as il appears MANY oil them
do. the most disastrous system OF litigation
and pet,y oppression Of the poor, must be the
inevitable consequence; and that such is the
fact is abundanly proved TO your committee.
A single magistrate and one OF the most re-
snrc,abie, during tbs las, year, issued 1000
warrants. For proof Of these facts, we again
refer to the accompanying documents, ana 10
the intelligent gentlemen OF This county we
nigh, appea al 10 the suffering poor 10 whom no
scourge is so great curse as petty and legal
lied oppression.
Ills the practice to issue warrant, and ar.
res, 10 all civil cases without oath; and cause
commenced before one magistrate is fiabie
before another.
One of the heads Of Departments was re.
Gently called upon with such a process; and
after his attorney had proved to the satlsfac'
ton of Jury ,ha, The sui, was utterly ground
less and vexatious the same magistrate issued
another warrant in the same case.
When judgments are recovered before
Justice of the peace, he will not receive the
money, because he is allowed no comPenss.
ton for doing it; and where there is delay OF
execution, il is the practice for the Plainiit to
take certificate of ,he Judgment, aid sell u 10
some one of class Of men who are in the haoit
of sbaying( II is called such certificates. lie
may sell this 70 another, and he TO a third and
while the defendant is in pursuit OF The holder
Of The Judgment, with view TO pay IT, the Ger.
lificale may be handed 10 constable, who VIII
go to some other magistrate than The one oy
whom the Judgment was rendered, take out an
execution, and pounce upon the defendant WIN
bill Of costs, before he can find the last shdrer,
10 whom only, or the constable. he can pay
the money.
Your committee beg leave further to illus
lra,e the character and proceeding OF Justices
courts by some cases which have been stated 10
them.
The Circuit Court has given an opinion and
(anG which is hereto anne rd) that IN no case
where there is a jury trial before justice oil
The peace, can il be brought before the Circuit
Court for a re hearing; that the justice IN
such cases acts ministerially-is bound to
enter the verdic, of the jury as the Clerk ei
the Circuit Cour, is bound 10 enter its Iudg'
menis, that the Justice has no right 10 say what
evidence he jury shall hear, or 10 instruct them
as to the law; that he has no distr ton, no will,
no choice, but is bound by law 10 enter up
Judgment, according 10 the will Of others.
And this decision Of the Circuit Court, whe-
Their right or wrong, cannot be reviewed by
the Supreme Court, because the amount is not
sufficient But the eff cts Of this decision are
shown by the following cases, which are stated
to be common.
A plaintiff RECEIVERS Judgment before JUS
tice, for any sum between twenty and fifty dol
lars, Gin which only jury trials are alowed;) the
defendant being dissatisfied pays the judgment,
goes 10 the same or another justice, takes ou,
a warrant 10 recover back the money, inter
cedes with friendly constable to summon for
him suitable jury, who, il is seen, are placed
above all law, brings his cause before them, and
RECEIVERS back the amount OF the FIRST judgment.
The plaintiff also can pursue similar course.
and there is nothing TO prevent such course
| of proceeding od minimum
1t is stated to your committee that trials are
sometimes determined, which produce the most
| singular and ludicrous Combinations. An in
stance has been known where one brought an
action for specific article, over which the ma,
| gistra,e had no jurisdiction, has sus' aimed the
| claim anG recovered different article-the
money; another, where one had made up Ger
| tain WORK, SueQ lot tne Saioc OtIoTe QeIVcTy,
recovered a judgment, with the additional or
der to hold he property as security for the
debt; so that the plaintiff had the judgment,
and the goods, while the defendant. who re-.
ceivsd nothing, was obliged 20 pay the debt
In a case tried by jury, where an action was
brought upon a promissory no'e TWO months
before it became due, the jury brought in a
verdict for he demand with stay Of execution
until the mole should become due; and the mas
gistrate, under the above decision, had no alter
native but to record judgment accordingly.
| In regard TO the general character and con
duct of the magistrates and cons, ables, as above
described, it ought to be stated that there are
honorable exceptions.
| II has been stated by respectable persons,
and is believed by your committee, that cou-
stable in this city has received, TO his own use,
| in single year, from two 10 three thousand
dollars Of fines paid by gamblers
On the subjec, of the Orphans Court there
appears to be some diversity of opinion; blu,
the committee are satisfied il is susceptible Of
great improvement. The compensation Of The
Judge OF thai court. in the county Of Alexan
| r