Page:United States Statutes at Large Volume 14.djvu/433

 THIRTY—NINTH CONGRESS. Sess. II. Ch. 63, 64. 1867. 403 Ssc. 9. And be it further enacted That all acts or parts of acts of the Repeal of inlegislature of Maryland or of Congress, now in force, inconsistent with °°”’“"°“”]*“"· the provisions of this act, are hereby repealed, and this act shall take When Mt ¢<> effect and be in force from and after its passage. l’“k° °E°°°‘ Approved, February 22, 1867. CHAP. LXIV. —An Act to amend the Law of the Dfsfrtd of Columbia in Rckzlion M Feb. 22, 1867. Judicial Proceedings therein. "”'"‘_—““ Be it enacted by the Senate and House of Representatives of the United Smzes of America in Congress assembled, That no appeal shall be allowed Apvwls from from a judgment of a justice of the peace, unless the appellant, with suf- 3‘u·g;:§':f';L;f “ ficicnt surety or suretics, approved by the justice, enter into an under- pence notto be taking to satisfy and pay all intervening damages and costs arising on the g;°j*'°d “"l°”¢ a cal. " plénc. 2. And be it farther enacted, That when such undertaking has when allowed, been entered into, the justice shall immediately file the original papers, in- ;’;‘§;‘gL_f,“£f;;8 cluding a copy of his docket entries, in the office of the clerk of the su- Omce of clerk premc court of the District of Columbia; and thereupon, as soon as the °f*·h¤ ¤¤P*€m§ appellant shall have made the deposit for costs required by law, or ob-  °f°h° D"' tained leave from one of the justices, or from the court, to prosecute his appeal without a deposit, the clerk shall docket the cause, and shall issue °¤(E}g'l;;g=‘;°°k‘ a summons for the appellee to appear at the next trial term of the court, `vhen, &c_`,,,,d and thereafter the cause shall be proceeded with in the manner prescribed to issue n sumby the act of March one, eighteen hundred and twenty-three, entitled "An ;‘;‘H‘e’eF° *h° ap' actto extend the jurisdiction of justices of the peace in the recovery of subsequent debts in the District of Columbia," except that the appellant need not PF°°°°dl¤*¤$· file a petition as directed by said act.    Srcc. 3. And be it further enacted, That if the appellant fails to prose- _ Proceedings. cute his appeal, the appellee may, upon making the aforesaid deposit for ;g“l;g‘;l;‘::£l;’ costs, have the cause docketed, and more for atiirmance of the justice’s ,,ppl;,,;_ judgment, or he may have a trial of the cause upon its merits. E3¤<><=¤!i<>¤ <>¢° Sec. 4. And be it farther enacted, That there shall be no supersedeas ;E2·L';‘:)*'§:°Q;';°s °f or stay of execution of the judgments of the supreme court of the District court of the Disof Columbia, otherwise than by injunction, or upon proceedings in error “i°* "°’*1*° b° to the Supreme Court of the United States. °' °x` Sue. 5. And be it further enacted, That mutual debts between the par- :>et-otfof muties to an action, or between the testator or intestate of both parties, or mal ‘l°b°" either party, may be set 0H` against each other by plea in bar, whether the said debts be of the same or a different nature; and if either debt alrosc by reason of a penalty, the exact sum to be set of shall be stated in t c plea. Sicc. 6. And be it further enacted, That the plea of set-0H` may be; Form of plea "Tlmt the plaintiff; at the commencement of the suit, was, and still is, °f s°f°m indebted to the defendant in the sum of ---— dollars, for —-——-, as appears by the particul:n·s of the said debt, hereunto annexed; and he is willing that the same may be set off against the plaintili"s demand? And upon Judgment to the trial of an issue upon said plea, judgment shall be for the balance {P6 f¤5é>=·1¤¤¤¤ found due, whether to the plaintiff or defendant, with costs. Mutual judg- °L$?um;{°j,,dg_ ments recovered in said in said court may be set 0H` against each other, ments may be on motion of either party; and the court shall award execution for the g‘§,,‘£·i;QSe°g;f balance thund due against the party chargeable therewith. the imianes. Si-cc. 7. And be it further enacted, That publication may be substitut- Publication Bd for personal service of process upon any defendant who cannot be {g*;5’db,$* Sulgggu found, in suits for partition, divorce, by attachment, for the foreclosure of ,,1 §e,v€;(,p0g` ` mortgages and deeds of ti-ust, and for the enforcement of mechanics liens pwcess, when, 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 enforcement or establishment of any lawful right, claim, or demand to or against any real or personal property within the jurisdiction of the court.