Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1867-04-13
TPUBLIc-No. l0.1

! DlSlflCu Ol tOluIlDlu III IVlulloi
to judicial proceedings therein.
Be it enacted By the Senate dnc
House of Representatives OfHe Uni
ted States Of america in Congress as
ScmJled, That no appeal shall be al
lowed from n judgment of n justice
of the peace, unless the appellant
with sufficient surety or sureties, ap
proved by the justice, enter into al
undertaking to satisfy and pay al
intervening damages and costs arts
ing on the appeal.
SEC. 2 And be It futher enacted
That when such undertaking has
been entered into, the justice shall
Immediately file the original papers
including a copy Of his docket en-
tries, in the office of the clerk of the
supreme court of the District Of Co
lumbia; and thereupon, as soon rs
the appellant shall have made the
deposit for costs required by law, Oh
obtained leave from one Of the JUS
tees, or from the court, to prosecute
his appeal without deposit, the
clerk shall docket the cause, and
shall issue n SUNNI ms for the appel.
lee 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 OK
tend the jurisdiction of Justices OF
the peace in the recovery Of debts
in the District of Columbia" except
that the appellant need not file Il
petition us directed by said act.
SEC. 3 And be it further enacted,
That if the appellant fails to prose
cute his appeal, the appellee may,
upon making the aforesaid depo it
for costs, have the cause docketcd,
and move for the atfirmance Of the
Justices Judgment, or he may have a
trial Of the cause upon its merits.
SEC. 4 And be it further enacted,
That there shall be no supersedcas
or stay of execution of the judg-
ments of the supreme court Of the
District of Columbia, otherwise than
by injunction, or upon proceedings
in error of the Supreme Court of
the United States.
SEC. 5 And be it further enacted,
That mutual debts between the par
ties to an action, or between the tes-
tator or intestate of both parties, or
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 II penalty, the
exact sum to be set off shall be stat
ed in the plea
SEC. 6 And be it further enacted,
That the plea set off may be; "That
the plaintiff, at the commencement
of the suit, was, and still is, indebt-
ed to the defendant in the sum of
- dollars, for -, as appears by
the particulars of the said debt,
hereunto annexed and he is willing
that the same may be set off against
the plaintiffs 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, on motion of either party; and
the court shall award execution for
the balance found due, against the
party chargable herewith.
SEC. z And be it further enacted,
That publication may be substituted
for personal service of process upon
any defendant who cannot be found,
in suits for partition, divorce, by at
tachment, for the foreclosure of
mortgages and deeds of trust, and
for tho enforcement of mechanics
liens and all other liens against real
or personal property, and in all ac-
tons at law or inequity which have
for their immediate object the en-
forcement or establishment of any
lawful right, claim, or demand to or
against any real or personal proper
ty within the jurisdiction of the
court.
SEC. s And be IL further enacted,
That no order for the substitution
of publication for personal service
shall be made till summons for the
defendant shall have been issued
and returned "not TO be found. =
And when an order for publication
shall be made, it shall be in the fol
lowing or equivalent form:
In the Supreme Court Of the Dis
trict of Columbia, the - day Of
-, 1S1, tfl
: q : = ;:, s-,r As'--1 On equity, so--
On motion of the plaintiff, by Mr.
-, his attorney, it is ordered that
the defendant cause his appearance
30 be entered herein on or before the
first rule day occurring forty days
after this day; otherwise The cause
will be proceeded with as in case Of
default.
SEc. 9 And be It further enacted,
That al sales duly made in casa in
which publication is substituted for
personal service Of process shall be
good and valid, and shall vest any
purchaser with a perfect title.
= SEC. 10. And b. Il further enacted. 4
That the proceedings to enforce any
len shall be BY bill OF petition IN
squiiy. and the decree, besides sub I
Getting the thing upon which the
len has attached to the satisfaction
y the plaintiffs demand against the
shall adjndge that the
,iaintiff recover his demand against
be defendant. and that be may
ave execution thereof e. at law.
SIC u. And bet further enacted
hat IN actions against foreign cor /
90 49, - HI.--.-. - =. : j. q H.