The tri-weekly standard. [volume] (Raleigh, N.C.) 1866-1868, 1867-04-16
TPUBLIC-NO. 10. I

An ACT to amend the law of the District Of Co.
lumbia in relation to judicial proceedings
therein.
Be it enacted by the Senate and House Of Repre-
sentatiues of the United States Of Anaerica ia Con-
qre$s assembled, That no appeal shall be allowed
from Judgment of justice of the peace, un-
less the appellant, with sufficient surety sure
ties approved by the justice, enter into an un-
dertaking to satisfy and pay all intervening dam
ages and costs, arising on the appeal.
Sec. 3 Antd be il FURTHER enacted, That when
such undertaking has been entered into the JUS
tice shall Immediately file the original papers, in
Guiding copy of his docket entries, in the office
of the clerk of the supreme court of the District
of Columbia; and thereupon as soon as the ap
peant shall have made the deposit for costs re-
quired by law, or obtained leave from one of the
Justices or from the court, to prosecute his ap-
peal without deposit, the clerk shall docket the
cause, and shall issue summons for the appellee
to appear at the next trial term of the court, and
thereafter the cause shall be proceeded with in
the manner prescribed by the act of March one,
eighteen hundred and twenty three, entitled can
act to extend the jurisdiction of justices of the
peace in the recovery of debts in the District of
Columbia" except that the appellant need not
file petition as directed by said act.
SEC. 3. And be it further enacted, That, if the
appellant fails TO prosecute his appeal, the appel
lee may, upon making the aforesaid deposit for
costs have the cause dock cted, and move for af-
firmance of the Justices Judgment or he may
have trial of the cause upon its merits.
SEC. 4. And be it further enacted That there
the judgments of the supreme court of the Dis
trict of Columbia, otherwise than by Injunction,
or upon proceedings in error to the Supreme
Court of the United States
SEC 5. And be it further enacted That mutual
debts between the parties to action, or be-
tween the testator or intestate of both parties
either party, may be set off against each other
by plea in bar, whether the said debts be of the
same or a different nature; and if either debt
arose by reason of a penalty, the exact sum to
be set off shall be stated in the plea.
SEC. 6. And be 1t Julther enacted, That the plea
of set-off may be: "That the plaintiff, at the
commencement of the suit, was, and still is, in
debted to the defendant in the sum of - dol
lars, for -, as appears by the particulars of
the said debt hereunto annexed; and he is will
ing that the same may be set Off against the plain
tiff's demand" And upon the trial of an issue
upon said plea, Judgment shall be for the balance
found due, whether to the plaintiff or defendant,
with costs. Mutual judgments recovered in said
IN said court may be set off against each other,
motion of either party; and the court shall
award execution for the balance found due,
against the party chargeable Herewith.
a. Sec. T. And be 1t further enacted, That publ
cation may be substituted for personal service of
process upon any defendant who cannot be found,
in suits for partition, divorce, by attachment for
the foreclosure of mortgages and deeds of trust,
and for the enforcement of mechanics liens and
all other liens against real or personal proper
ty, and in all actions at law or in equity which
have for their immediate object the enforcement
or establishment of any lawful right, claim, or
demand to or against any real or personal prop
erty within the Jurisdiction of the court
SEC. s. Arad be 1t further enacted, That no Or
der for the substitution of publication for per
sOnal service shall be made till summons for the
defendant shall have been issued and returned
mot to be found" And when an order for pub
caton shall be made, it shall be in the following
or equivalent form:
In the Supreme Court of the District of Co.
lumbia the = day Of, 1SE.
A. B., plaintiff,
VS..
c. D., defendant.
On motion of the plaintiff, by Mr.. -, his at
torney, it is ordered that the defendant his
appearance to be entered herein on or before the
hrst rule day occurring forty days after this day;
oIherwise e the cause will be proceeded with as in
case of default.
SEc ~ And be it further enacted, That all sales
uutS ihaae IN cases in which publication is sub
stiluted lor personal service of process shall be
gooo and valid and shall vest any purchaser
with perfect title
SEC. 10 And be further enacted That the pro-
petition in equity, and the decree besides sinh H.
Iectlhg lhe lhlng upon which the lien has at
tached to the satisfaction of the PLAINTIFFS de-
manu- asainst lnc defendant, shall adudge that
the pla1ntlH recover his demand apainst fbo dn |
fendant, and that he may have execution thereof
as at law. ~ WI
SEC. II. And be it further enacted, That in .c-
tions against foreign corporations doing 6usins.
in the District of Columbia, all process NAV %@ |
served on the agent of such corporation or nero pr
son conducting its business aforesaid, or in case
he is absent and cannot be found, by leaving |
copy thereof at the principal place of business in
the District and such service shall be effectual to
bring the corporation before the court
SEC. IL AmdbeI further enacted That the pow
ef CANNED and exercised as of common right by
every landlord, of seiZing by his own authority |
the personal chattels of his tenant for rent arrear
Is hereoy abolished and, instead of it, the land
Iord snail have tacit lien upon such of the te
naht personal chattels, upon the premises as
SUBJECT 10 execution for debt, to commence with |
the tenancy and coutinue for three months aitnr