Evening star. [volume] (Washington, D.C.) 1854-1972, 1867-04-05
THE EVENING STAR
o y y 4 c 1 A L.
LAWS OF THE UNITED STATES.
Passed NJ the Second Session Of the fhfr.
ty-Ainth Congress.
PUBIIC-Nn All


re'sniatives Of ne United States of Asseriea in
CoH9ress assembled, That no appeal shall be al
lowed from a Judgment OF a justice OF the
surety or sureties approve by the justice, sntsr
into an undertaking 10 satisfy and pay all in
tervening damages and costs arising on the
appeal.
such undertaking has been entered into, the
justice shall Immediately fle the original pa
pers, including copy OF mis- docket entries, in
The once of the clerk Of the supreme court of
The District of Columbia; and thereupon as
soon as the appellant shall have made the de-
post for COSTS required by law, or Obtained
Isave from one of the justices, or from the
court 70 prosecute his appeal without demos
At. the clerk shall docket the cause and shall
Jssue a summons for the appellee to appear at
the next trial term OF the court, and thereafter
the cause shall be proceeded with in the man
ner prescribed by the act of March one eieh
teen hundred and twenty three, entitled .sAr
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 IL further enacted, That If the
appellant fails TO prosecute his appeal, the ap-
Pellee may, upon making the aforesaid depos-
u for costs, have the cause docketed. and
move for affirmance Of the Justices judgment.
or be may have a trial Of the cause upon its
merits.
SIC. 4. And BE- u further enacted, That there
shall be no supersedeas or stay OF execution of
the judgments of the supreme court of the Dis
trict OF Columbia otherwise than by injuuc-
prsme Court Of the United States.
SEC. 5. AHdb hfurther enacted, That mutual
debts between the parties to an action, or be-
or either party, may be set of against each
other by plea in bar, whether the said debts
be of the same or a different nature; and il
either debt arose by reason OF a penalty, the
exact sum 20 be set OF shall be stated in the
plea.
SEC. 6. And be at further enacted. That the
plea OF set-of may be: THAT the plaintiff, at
the commencement Of the suit, was, and still
Is, indebted 10 the defendant in the sum Of
dollars, for as appears by the particu-
tirs of the said deb, hereunto annexed; and
he IS willing that the same may be set of
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 Mu-
tuaI judgments recovered in said in .aid
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 chargeable herewith.
SEC. 2. And be IL further enacted, That publ.
cation may De substituted ter 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 the enforcement of me.
chanics' liens and all other liens against real
or personal property, and in all actions at law
or IN equity which have for their immediate
object the enforcemen Mt or establishment Of any
Lawful: right, claim or demand to or against
any leal OF personal property within the juris.
SEC. { had be IL further enacted, That no
order for the substitution of publication for
personal service shall be made till a summons
returned mot to be found" And when an
order for publication shall be made, it shall be
In the following OF equivalent form:
In the Supreme Court of the District of 90.
lumbia, the - day of -. Is
tAtlaw,) lin equity) No.
On motion of the plaintiff. by Mr. -, his
attorney, II Is ordered that the defendant cause
ms appearance to De entered herein on or
before the first rule day occurring forty days
after this day; otherwise the cause will be pro
ceeded with as In case of default.
SIC. 9. And be ir further enacted, That all
sales duly made in cases IN which publication
Is substituted for personal service of process
shall be good and valid, and shall vest any
purchaser with perfect title
SIC. 10 And be az further enacted. That the
proceeding to enforce anv lien shall be by bill
CT petition IN equity. and the decree besides
suolectIng the thing upon which the lien has
attached 10 the satisfaction OF the pIaintif-s
demand against the defendant, shall adjudge
maj the plalntin recover his demand against
the defendant and that he may have execu
thereof as at law.
SEC. II. And be 1t further enacted. That in
actions against foreign corporations doing
business N the District of Columbia all pro
cess may be served on the agent of such corpo-
ration or person conducting Its business afore-
found, oy leaving copy thereof al the prin-
clpal place of business in the District and
such service shall be effectual TO bring the
corporation before the court.
SEC. H. And b. IL further enGcfsJ That the
power claimed and exercised as of common
night by every landlord, of seiZing, by his own
authority, the personal chattsls OF his tenant
for rent arrear, is hereby abolished: and, in
stead Off, the landlord shall have tacit lien
upon such OF the tenants personal cha tte.s
npen the premises, as are subject TO execution
dc p rrna NTH tha
continue for three months after the rent is due
and until the termination OF any action for
such rent brought within saio three months
And this lien may be enforced
j. BY attachment. 10 be sued upon AFFIDAVIT
that the II Mt is due sHd unpaid: or ifnot due
thai the defen dantis about 10 remove or sell
All or some Of said chattels: or,
2 BY judgment against the tenant and eye
cuuon, 70 be levied on said chatteis or any of
Them, IN whatsoever hands they may be found:
OF.
3. BY action against ana purchaser of any of
said chattels. with notice OF the lien, in which
action the plaintiff may have judgment for
the value OF the ehattels purchased by the de.
damages.
SEC. 10. And be Il further enacted. Tina, the
declaration In replevin shall be in the follow
ing or equivalent form: The plaintiff sues the
defendant for (wlongfully taking and detain-
lng,) (unJusuy de-aining) his, said plaintiff
goods and chattels, TO Wit describe them of
me value OF $. And the plaintiff claims that
lhe same De taken from the defendant and de-
hvered TO him; er il they are eIoigned that he
may nave judgment or their said value, and all
mesne prohts and damages, which he estimates
at s. besides costs" And at the time OF filing
the declaration, the plaintiff. his agent or at
torney. shall file in affidavit, sworn 10 before
the clerk, stating
l. That, according TO atlantis Information
and belief, the pliIntirf is entitled 10 recover
possession OF the chattels proposed TO be re-
pleVied, being the same d, scribed in the deeIa
ration
?. That the defendant has seized and detaius
or deiatns the sane
3. That said chattels were not subject 10
such seizure or detention, and Were moi "a Ken
upon any writ Of replevin. And be shall AT
the same time, enter into undertaking with
surety, approved by the clerk 10 abide by and
perform tie judgment OF the court in the prem.
ises. f-'
SIC IL ASd b. AZ further enacted, That il the
oHceT return OF the writ OF repIeyin be- IN AT
ne ht1s served the defendant with comics of me
ceciaration, notice 10 plead aud summons but
that lie could not get possession Of the goods
ana ehattels suee for. the plaintiff NAV pros
ecute the action 3or the value Of the same and
Damages Tor definition: ne NAV rene " tbe
WrIt IN order TO get possession of the go ID and
chattels themselves. II the officers return he
that ne mas taken possession of the goods ard
chattels sued Tor, but thar the defendant is no,
10 be found, the .onrt may order thar tba ID
fendant appear 10 the action BY some fixea dsI-
and II this order the plaintiff stall cause notica
10 be given by publication in soma pa,-s,.-SS