Evening star. [volume] (Washington, D.C.) 1854-1972, 1857-04-14
WASHINGTON NEWS AND GOSSIP

The New DISTRICT OF COLUMBIA CoDE.-To-
day we continue our analysis Of Part LII Of the
new District Code. The deeper we dive into its
particulars, the more highly do we value the
labOrs of Robert Ould, Esq, to whom the Dis
trict is indebted for its preparation:
Title fourth relates to evidence. In this
several very important changes are made in the
existing law. By the provisions of this title,
no person shall be disqualified as witness in
any civil action OF proceeding Except in GER
tain specified cases) by reason of has interest
IN the ere1't Of the same, as party or other
11rss, or by reason Of his conviction of crime
Any party may compel an adverse party to
testify as a witness. Any fact which might
heretofore be shown to render witness incom-
petent, may hereafter be shown to affect his
credibility. Those provisions have been adopt
cd IN England, Ohio and Connecticut with
great beneficial effect. They have to some ex-
tent been introduced into New York, Indiana,
California and other States, and an effort is
there being made to 90 to the length of the
English rule. Dispositions can only be used
when the witness is beyond the reach of the
process of the court, or when from age, inirmity
or imprisonment, the witness is unable to at
tend court, or is dead, or when the deposition
has been taken by the agreement of parties
In this title the manner Of taking dispositions,
the method Of perpetuating testimony and the
force and effect of documentary and other writ
ten evidence, are set forth in detail
Title fifth relates TO justices Of the peace. and
to proceedings in civil cases before them. JUS
tices of the peace are required to give bond in
the sum Of five thousand dollars, with two or
more resident freehold suretes, for the faithful
discharge of their duties, and for paying over
to the person entitled to receive the same all
moneys that may come into their hands as jus
tees Of the peace. The Circuit Court, for in
competency, drunkenness or wilful misconduct
IN ONCE. may remove any justice Of the peace
from office The Codifers have evidently pro-
cesded on the principle which has heen adopted
in very many Of the States, that the true way
of elevating the character of IA tribunal is TO
extend its jurisdiction. Such course has been
pursued in Maryland, New York, Massaehu-
setts, Indiana, Ohio and many other States,
Northern and Southern, to about the same ex-
tent as proposed by the eodifers The proyi-
sion as to their jurisdiction is as follows:
Sec. =. Every Justice Of the peace shall have
actions and proceedings:
!. OF an action arising on contract, express or
Implied, for the recovery of money only, if the
sum claimed do not exceed one hundred dollars :;
y OF an action for damages for an injury to the
person, or 10 real property, or for taking. detain
lng' or injuriHg personal property, if the damages
claimed or the value of the property soup Int to be
recovered do not exceed one hundred dollars;
- or an action fora fine, penalty, or forfeiture
not exceeding one hundred dollars;
IL. Of an action upon bond conditioned for
exceeding
dred dollars, though the penalty exceed that sum-
the Judgment to be given for the sum actually
ments, an action may be brough, for each install
ment as ii shall become due, II not more than one
hundred dollars be claimed;
30 VI an action on undertaking or surety
bond taken by him. IL the amount claimed do not
exceed one hundred dollars;
.'6. or an action for damages for fraud in the
II the damages claimed do not exceed one hun
dred dollars;
~. OF an action for forcible or unlawful entry
upon, or forcible or unlawful detention of lands
tenements or other possessions
- A justice may take and enter judgment on
the confession Of defendant, when the amount
does not exceed one hundred dollars
''Sec. 8. The Jurisdiction conferred by the next
preceding section shall not extend however. TO a
civil action in which the title to real property
shall come in question, nor to an action for fa %
Imprisonment, libel SANDER, malicious prosecu
ton, criminal conversation, seduction or upon a
promise TO marry"
The manner in which the Justice is to Keen
his docket, how the summons to a party shall
be served; what pieadings shall take place, what
set-ofs shall be allowed, what adjourpmepts
may be had, how the trial shall be conducted
what Judgment shall be entered, what STAY of
execution may be allowed, what execution NAV
issue and what may be the proceedings thereon
now personal property may be replevied. when
and how attachments may be issued, how ten
ants unlarfully holding over may be removed,
how appeals may be taken, how contempts may
be punished and what forms may be used, are
all set forth with great Particularly and atoon-
siderable length.
To guard against abuse, appeals arc allowed
from any final Judgment Of the justice, whether
there be a Jury or not.
Knowing the interest felt by the people of
the District re To the law Of landlord and tenant
we insert the provisions relating to that subject
promising that the law with respect 10 legal
houce has already been published in Part III !:
Sec IT, Whenever, In pursuance Of legal no.
tlce OF Otherwise, any landlord or his legal rep
esehtauVe, shall be entitled to the possession of
lands, he may, by himself or his AGENT have anu
tenant who shall unlawfulIv hold over rerno1aa
TOM such lands, on complaint in writing before
justice OF the peace, specifying the mates relied
on to justify such remoyaI and IT, a IeiIeu
claimed for detention The pre,ni.ss ahnm
described In the complaint with reasou,bIe .s D
tainty. oei-
''Sec. 100 The justice shall forthwith ,s.,
summons directed 10 the marshal or con.,"iI a
commanding him TO summons such tenant - a.
pear before him not less than three nor mr..
than ten days after the issuing thereof conS
Of the complaint shall be served with the sum- sum
mons.
Sec. no Such summons shall be served ON
such tenant OF, IL he cannot be found, by deliver
ing copy thereof to some person OF proper age
and discretion residing on the premises, 0r, II no
such person be found, by anixing u copy thereof
al conspicuous part Of said premises.
Sec Ill. SnbPEBas may be issued and served
The attendance OF Illnesses enforced, continuance
granted. Pieadings amended, juries empannelled
and sworn at the request Of either parry. and chal
iehges allowed as In other cases before Justices.
-" Sec liz. W here notice TO quit is required by
law copy OF the same with proof OF service.
snail bc necessary for the recovery Of the plaintiff
-; sec. il3 IL the verdict OF the jury or the ind
my oi ihe Justice he for the plaintiff, Judgment
SHE'LL e rendered thereon that he have possession
VI saia premises, and recover th. damages assess
~! "a -i.d Hls costs and IL required by such plain
VI agent. the hall n III