Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1882-01-06
Some Changes in the Law.

PRACTICE IN THE JUSTICES COURT.
The more important amendments
relating to practice in the Justice q
court are as follows: That appeals
shall be taken within twenty days
after the judgment is rendered or
the decision made, and shall be by
filing a notice of appeal with the
justice and serving a copy on the
adverse party or his attorney, and
filing bond or undertaking as in
the next section provided. The Sec
ton referred to provides that no APP
peal shall be allowed in any case
unless bond or undertaking snail
be executed on the part of the APP
pellant aud tilei with and approved
by the Justice, with one or more
sureties, in the sum of one hundred
dollars, to the effect that the appel
Ian. will pay all costs that may be
awarded against him on the appeal
or ii stay of proceedings before the
Justice be claimed, o bond or under
taking with two or more sureties, to
be approved by the Justice, in a sum
equal to twice the amount of the
judgment and costs, to the effect
that the appellant will pay such
Judgment including costs, as may be
rendered against him on the appeal.
The Justice no longer allows the APP
peal. When the bond is given end
the notice served, the appeal is per-
feet.
Sections 81, 35 and &c are stricken
out and the following is inserted: A
writ of attachment shall be issued
by any Justice with whom COM
plant or claim has been filed, when
ever the plaintiff, his attorney or
agent, shall nuke and file with such
Justice an affidavit stating that q
cause of action exists against the de-
fendant in favor of the plaintiffs, to-
gether with the nature thereof, and
that the defendant is indebted to the
plaintiff therein, specifying the
amount of such Indebtedness, as
near as may be, over and above all
just set-offs and counter claims, and
that the same is not secured by anv
mortgage or lien upon real or per-
sonal property, or if originally SO
secured, such lien has, without any
act of plaintiffs, become inadequate.
Section 1874, which gives Justice
concurrent jurisdiction with the Dis
trict Court in tue trial of certain Of
lenses, is amended by striking out all
after the words " larcency, and, and
inserting: " all misdemeanors where
the defense charged is not punish
able by Imprisonment, or by a fine
greater than 500, and public nuis-
ance, and they shall also have juris-
diction over all criminal cases coming
under any city OF town ordinance,
and. on conviction, shall have power
to fine the person SO offending in
any sum not exceeding 500.
Section 1873 is amended SO that
the jury at the option Of the prison
er or the Territory may consist of
six or less persons to be empanneled
and sworn as in civil cases. When
the complaint is for a crime or mis-
demeanor within the jurisdiction of
the District Court, the Justice hears
1.-THE case as Committing Magistrate
and no jury shall be allowed.
Section 149 is supplemented by
making the party applying for a writ
OF certiorari who has complied with
the provisions precedent entitled to
the same, without application to the
District Court, or the Judge thereof.
A section is added providing that,
If, previous to the announcement of
any trial before the Justice of the
Pence, the defendant, his attorney,
or agent. shall make and file with
the Justice an affidavit that the de-
pOnent believes that the defendant
cannot have an impartial trial before
such Justice, it shall be the duty of
the Justice to forthwith transmit all
papers and documents belonging to
tie case, to the next nearest Justice
of the Peace, in the same county,
who is not of kin to either party,
sick, absent from the county, OR in
terested in the result of the action,
either as counsel, or otherwise. The
Justice to whom such papers and
are SO transmitted shall
proceed as if the suit had been in
before MIN. Distance, as
contemplated by this section, shall
mean to be by the nearest travelled
route. The costs of such change OF
venue shall abide the result OF the
suit.