Page:United States Statutes at Large Volume 3.djvu/785



that the same should be recorded or filed therein, by the clerks of the said circuit court; any law to the contrary notwithstanding.

. And be it further enacted, That any justice of the peace before whom supersedeas may be taken, or any other justice of the peace of said county, may, and shall, at the request of the plaintiff, or any other person authorized by, or on behalf of, the said plaintiff, issue execution, by way of capias ad satisfaciendum or fieri facias, against the principal debtor and his sureties, or against either of them, after the expiration of the time so mentioned in the said supersedeas.

. And be it further enacted, That the constables of the said district, who have been, or may hereafter be, duly appointed and qualified, according to law, are hereby authorized and empowered to serve and levy executions issued by a justice of the peace, on judgments obtained for small debts, out of court, in the same manner, and by the same process, as the marshal of the District of Columbia, or his deputies, are authorized to do; and that a commission of five per cent. be allowed the constable for every sum thereon by him levied: Provided, That the said constables shall, before they proceed to the discharge of the duties required by this act, give bond to the United States, with good and sufficient security, in the penalty of two thousand dollars, to be approved of by any one of the judges of the circuit court of said district, for the due performance of the duties of a constable, and, also, for the duties and trusts reposed in them by virtue of this act; and it shall be the duty of such judge, forthwith, to have the same filed or entered on record by the clerk of the county in which said constable may reside, at the cost and expense of said constable. And the said constables shall, after this act goes into effect, make all returns now made to the clerk of the circuit or county court, to the justices of the peace, at such times, in such manner, and under such penalties as are at present established by law, in rendering the same to the said clerk: Provided, That no return, judgment, or execution, shall be received or recorded as satisfied, by the said justices of the peace, without the receipt of the plaintiff annexed to the same: Provided also, That nothing in this act contained shall be construed to prohibit or prevent the marshal, or his deputies, in the respective counties in the District of Columbia, from executing or levying executions issued by a justice of the peace, for small debts, out of court, when the same are put into their hands for that purpose, in the same manner as by law they have been, or now are, authorized to do; but for executing or levying such executions, the said marshal, or his deputies, shall be entitled to the same commission, and nothing more, as is herein allowed to the constables in such cases; and where the marshal or constable shall have received money, on any judgment or execution, not exceeding twenty dollars, and shall fail or omit to pay the same to the plaintiff, or his agent, when thereto demanded, or shall omit or fail to return any execution within the time limited for such return, it shall and may be lawful for any court of record, within the District of Columbia, on motion made, five days’ previous notice being given to said marshal or constable, to enter up judgment, instanter, against them, for the amount so received, with interest and costs.

. And be it further enacted, That where any judgment, before any justice of the peace, shall have continued for more than one year, and the said judgment had not been paid or satisfied, it shall and may be lawful for the justice before whom the said judgment had been obtained, or any other justice of the peace for said county, to revive the same by scire facias, which shall be made returnable on a certain day, not exceeding forty days from the time of issuing the same, to the said justice, or any other justice of the peace, of said county; and any constable, qualified as above mentioned, of the said county, is hereby authorized and required to serve such writ of scire facias, and make due