National Republican. (Washington City (D.C.)) 1872-1888, 1874-04-06

hundred dollars or under. Under this act It
has been the custom of justices and constables
to make the writ cost from six to twelve dol
lars, which amount would, In many instances,
be more thana poor debtor could advance, and,
therefore, goods legally exempt would be sac
rifced without contest for title. ,
STRATEGY CONTINUED
After the sale of the property or rs release
BY supersedeas from the first levy, the balance
Of proceeds on It is usually attached by the
constable for the satisfaction Of second claim,
and so on, till It Is all exhausted. It Is very
seldom that anything is returned to the poor
debtor, and the cases are also frequent that no
returns are made to the creditor. Costs Of sun
dry attachments and coanter attachments pass
Ing from one constable's Office to-the other, at
fve dollars each, soon eat up the proceeds II
the holder cannot find some brother constable
who hss judgment against his creditor, In
which case he notifies him that herhas GER
tain sum In his hands to hfs clien,s credit that
he may attach and make" If he will do the
Square thing" about it.
HOMESTEAD EXEMPTION.
The Act Of Congress, approved February s,
1857, exempts from seizure and sale for debt
all wearing apparel, household furniture not
exceeding three hundred dollars; three months
fuel, tools Of trade, two hundred dollars worth
of stock, family pictures, one horse, mule or
yoke OF oxen with cart, wagon, dray, harness,
&C., family library, implements of profess
sional man or artist; and no deed of trust or
chattel mortgage shall be valid against the
same unless signed by the wife Of the debtor
The law Of 1869, also protects the separate
property of married women from seizure and
sale for the debts Of her husband, these acts
being Unsigned TO- protect the innocent families
of unfortunate, dissolute or improvident per:
sons from being reduced to absolute want by
the operation Of the laws for the collection of
debt. a
REPLEvIN AND ATTACHMENT.
+" During the first session Of the Legislature
Assembly additions were made to section s,
chap. "a, approved August 16, 1871, comforting
upon all justices OF the peace In cases where
the value of one hundred dollars or less to Is
sue and try writs Of replevin for the recovery
of property, and Of attachment and interroga-
tories for the purpose of garnisheeing the wages
of the poor debtor. The effect of these pro-
pected to be derived from the married women's
protection and homestead exemption acts re:
ferred to above.
The act comforting this Jurisdiction upon
justices of the peace is silent upon the subject
Of fees, and the justices and constables imme-
diately assumed to charge what seemed to
them good for these writs, varying from six to
twelve dollars. And this appears to have been
done in defiance of the schedule Of fees and
costs prescribed by the Supreme Court accord
ing to law, under the pretence that the attach
ments referred to in that schedule were of diff
ferent character.
THE GARNIsHEE.
The garnisheeing of a poor mans wages to
secure the payment of debt of three dollars
or less, carries with It costs to the amount OF
A. 1aIl ha hu he
testimony. While the exemption Law protects
what Is in the poor debetor's house, this at
tachment is an instrument by which designing
men may lay violent hands upon his entire
weeks wages for the purpose of satisfying
claim of two or three dollars, and deprives him
from replenishipg his larder. This committee
is unanimous in the Recommendation of the re-
peal of these acts.
SNAP JUDGMENTS.
Many instances of unjust or "snap" have
been complained of, the most of which would
have been avoided by the careful process oil
serving papers by copy. The law should be
amended so as to compel copy service. Now
constables refuse to give copies, and the result
is, that there is misunderstanding, whether
designedly or otherwise, between the officer al
to the time set for the hearing, and the dcfen
dant arrives just in time to hear that he il
mulcted by default. He has no proof to sus
tain bis allegation while the oath of the con
stable and the docket of the justice alike attes
his error. If copy service Of papers were com
PEELED, no such errors could occur without
leaving the means of rectifcation. An amend
ment Of the law in this respect is earnestly re
commended.
COSTS AND FEES.
The testimony shows an almost entire disre
gard by constables of the legal observance o
the schedule of costs and fees prescribed by tn,
Supreme Court of the District. The fees ar
prescribed by the same Authority the: Eppoint
cohstables, approves their bonds, and has tn
power to remove them; but it is not made th,
duty Of any one official to look after the delin
quents; and as the process of breaking al
officer of the court is a disagreeable one, AM
expensive withal, and the prejudices and sur
roundings are in favor of the party complained
of, tie task may well be considered distasteful
and ono not very likely to be undertaken volun
tarily. Hseens that 1t would be wise to chang
the appointing power from the court to tn
Executive, leaving the supervision of practice
schedule of fees, and cause and power of re
moval with the court.
NUMBER OF JUSTICES AND coNsTABLEs.
The number of justices now allowed by Law
for the District of Columbia is fifty, and o
eonstables an equal number. This COMMITTEE
is of the opinion that the number is entirel
too large. If the number was restricted to on
Of each for each Council district, with say tw,
or three extra ones at central points, the office
would be more remunerative, and would com
mand better class of talent than now seek
the positions. The incumbents of these place
should be sober, dignifed, and embrace gentle
men With sufficient knowledge of the Englisl
language to draw and execute papers properly
The evidence of the Police Court exhibits tn
fearful lack of such qualifications on the par
of some of the present justices.
Persons who are so unfortunate as to b.
obliged to transact business with them are en-
titled to humane and civil treatment. AS
rule, persons who neglect to pay small sum
do 80 from necessity and misfortune rathe
than from choice. In such difficulties they ar
entitled to all kindness from ministers of tn
law in the performance of their unpleasant
functions. The decision of the magistrate
should be impartial and its enforcement by th,
constable as mild and judicious as the circum
stances will permit. To insure these results /
is necessary that the incumbents should
be possessed of some native deiicacy. Nor
especially is this desirable In the national cap
ital, where strangers and sojourners make
large proportion of our population. They ar
liable through disappointments in obtainin:
employment or through the laxity Of Govern
| ment In the adjustment of claims to becom
involved In debt or other difficulties which de
rnand more sympathy than persecution. Will
they are amenable to law, there is no .justifca
ton for its harsh or cruel administration.
The design of laws for the collection of debt
Is the award of impartial justice and equity Re
tween debtor and creditor at the least possibl
expense. This committee respectfully submit
that the impression made by this inquiry Is tina
they are used in this District chiefly for tn
benefit Of those ministers of the law who hav
been selected to enforce them.
Believing that the adoption of the revise
code now before the Legislature for its actor
with such amendments as have been suggested
and the attachment of severe penalties for tn
infringement of rules Of practice and extortio
of illegal fees, will remedy most of the evil
exposed In the accompanying testimony, thi
committee refrain from the submission of an
drafts of acts amendatory of the statutes q
present in force. -a.
ITALIAN BROTHERHOOD. I.
ANNUAL MEETING LAST NIGHT AM
ELECTION OF OFFICERS.
At the annual meeting Of the Societa Of tn