Evening star. [volume] (Washington, D.C.) 1854-1972, 1854-12-30

TO Reorganixe the Courts in tho District d
columbia, and to Reform and Improve the
Laws thereof.
whereas, since the retrocession OF
Alexandra county to the State of Vir.
ginia, it has become expedient to reduce
the number Of judges in the District Of
Columbia, and curtail the judicial ex.
penses thereof; and it is represented by
citizens OF said District that the courts
thereof should be reorganized, and its laws
reformed and improved: Therefore
BE 1t enacted, &c., That SO much of the
acts of Congress heretofore passed As
create the circuit court, the district court,
the orphans court, and the criminal court
OF the said District, be, and the same are
hereby, repealed, and all of said courts.
and the Offices of judges and other off.
GERS thereof be, and the same are here.
by, forever abolished.
SEC. 2. And be it further enacted, That
there shall be a court, to be styled the
e" court of common pleas of the District
OF Columbia, of which there shall be a
single judge, which said court shall be
invested With all the Jurisdictions and
powers possessed and exercised bv said
circuit court of the District of Columbia
IN every respect, except as hereinafter
provided. And the said court shall hold
three terms year. to wit: on the first
Mondays of March, September, and De-
cember. All process for the institution
and conducting of suits in said court
shall be made returnable in the clerk 8
Office thereof on rule day. The first
Monday IN each month shall be rule
day, except in those months upon the
first Mondays whereof the terms of said
court shall commence, as herein provided:
IN which case the last Mondays of the
months respectively preceding those in
which the court shall commence it's terms
as aforesaid, shall be rule days. The
rules may be continued three days.
There shall be docket of the cases at
rules kept by the clerk of the said court,
wherein the rules shall be entered.
When there is no clerk take the rules
In case, it shall be continued until the
rule day next after there is a clerk. The
rules shall be to declare, to plead, reply,
rejoin, and for other proceedings to pre
pare the causes for trial, and they shall
be given from month to month, Upon
the rule day to which process is returned
served, the plaintiff may file his declara-
tion, and give the defendant a rule to
plead If the defendant fail to appear
and plead at the next rules, Judgment bv
default shall be entered against him by
the clerk in the office. If the plaintiff
fail to file his declaration at the rule dav
to which the process is returned execut.
ed, as aforesaid, the defendant nv give
him rule to declare; and if the plain.
tiff tail to file his declaration at the next
rule day, an Office judgment of dismissal
OF the cause, with costs, shall be entered
by the clerk in his Office. Pleas in abate-
ment, and special demurrers, shall be
filed at the first rule day after the rule
gwen TO plead, and not afterwards. When
the pleadings at the rules have progress
ed so far that the similiter" alone re-.
mains to be added to make up the issue.
the same may be added by either party,
and the issue made up without a rule for
that purpose.
All causes in which an Office Judgment
Of any character has been entered or in
which issues have been made up before
the clerk In bis office, as herein provided,
Shall be by the clerk transferred to the
docket OF the next succeeding term of the
court, and shall stand for disposal by the
court. The court in its discretion, for
good cause, may permit the dismissions to
be set aside by filing declarations; and if
not so set aside, they shall stand at the
end OF the term as absolute judgments of
dismissal, with costs.
The office judgment entered in the
Office in favor of a plaintiff NAV be set
aside by plea, or pleas in bar, by gener-
al demurrer, the defendant having the
right to flle as many several, distinct,
and sufficient pleas in bar, as he NAV
think proper, and the issues made up in
the office, as aforesaid, shall stand for
trial. If the judgment obtained by any
plaintiff in the clerks Office, as aforesaid,
be not set aside by plea or demurrer
within the first fifteen days of the term
OF the court, if the term continue longer
than fifteen days, or before the end of the
term, II the term should not exceed fif.
teen days, the same shall become abso.
lutte. And If the said judgment be for q
sum certain, execution may issue there
upon for debt, interest, and costs; and il
Said judgment be for an inquiry of dam
ages, a jury may be empaDnelled during
the term to make inquisltiOn thereof; or
the judge may assess the damages, as the
plaintiff may elect, and render Judgment
thereon, as in other cases.
In all cases of Office judgment set aside
by plea or demurrer, and of issues made
up in the clerks Office, as aforesaid, the
court may, in its discretion, for GOOD
cause shown, grant continuances, as here.
tofore practised.
SEC. 3. And be 1t further enacted, That
there shall be established in the said Dis.
trict court to be styled "the court Of
equity Of the District of Columbia. OF
which there shall be single Judge; and
said court, and the judge thereof shall
possess and have all the powers and juris.
Hi satt