Page:United States Statutes at Large Volume 31.djvu/1247

 FIFTY-SIXTH CONGRESS. SEss. Il. Ch. 854. 1901. 1195 plaintiff and tried in the same manner as other cases before justices of the peace. " Sec. 35. In case the property shall appear to belong to the claimant $g‘dgm€““°’°l*“m· or to be exempt from execution, judgment shall be entered against the ` plaintiff in the execution for costs, and the property levied upomshall be released. If the property shall not appear to belong to the claim- ··**g**i¤*“· ant or to be exem t, as aforesaid, judgment shall be entered against said claimant or tffe defendant, as the case may be, for costs, including additional costs occasioned by the delay in the execution of the writ. An appeal may be taken from the judgment, as in other cases, ·’*PP”l- provided the same is prayed within four days after the entering of the judgment and an appeal bond is given within six days, exclusive of Sundays and legal holidays, thereafter. Sec. 36. In case of an a peal the marshal shall retain the property —¤msh¤1 to réwin unless the claimant or the mibfendant in the execution or his agent shall *”`°pmy’°t°' enter into an undertaking, with sufficient surety, to be approved by the justice, for the delivery of such property to the marshal, if the judgment of the court shall be against the party entering into such undertaking; and said undertaking shall be returned to said supreme court, and it may give judgment thereon. . Sec. 37. othing herein contained shall prevent a claimant other HR¤g1¤vi¤ ¤s¤i¤St<>i· - • • • • · COI` €V}'l1’lg,€IC. than the defendant from bringing an action of replevm against the officer levying upon the property claimed as aforesaid. Sec. 38. DoCKE*r.—Each justice of the peace is required to keep a D¤¤k<>t€¤**i·=¤· docket, in which he shall enter from day to day concurrently with the reipective proceedings—- irst. T e title of each action. Second. The date of the W1'lt issued and the time of its return, the fact of affidavits being filed, with the name of any afliant. Third. The appearance of the parties. E Fourth. The nature of the pleadings in brief. Fifth. The names of witnesses sworn, and at whose request. Sixth. The judgment of the justice and the items of cost. Seventh. The a peal, if one is taken, by which party taken, the undertaking and the time of giving the same. ' Eighth. The satisfaction of the judgment and the date thereof. _ And it shall be h-is duty to furnish a copy of any judgment rendered ,O€,‘§’§{,,§jSg§QjFm€"‘ by him when required by either party to the action. 8 If he shall omit to keep such‘docket or be guilty of any other negligence or omission Giiréaép fw meliwhereby the plaintiff, having obtained a judgment before him, shall g°' lose his debt, the justice shall pay and satisfy .to the plaintiff the debt, interest, and costs so lost, to be recovered in an action of debt against said justice and his surety or sureties, with any additional interest that may have accrued. . Sec. 39. DEATH on RESIGNATION.·—-It is hereby made the duty of tigfeth Or *€Sig¤¤· every justice of the pzxace, upon his resignation or removal from office ` or the expiration of his commission, and that of his executors or administrators in case of his death, to deliver to the clerk of the supreme court of the District all dockets and all original papers in cases not yet closed, which said justice may have had; and any person neglecting to comply with this requirement shall forfeit to the United States the sum of five hundred dollars, to be recovered as other penalties are recovered. Sec. —10. REMOVAL Exon oEE1cE.——The supreme court of the District Rsmereifmm ems shall have power to remove justices of the peace from office, after due notice and an o portunity given them to be heard in their defense, for incompetency, iiabitual drunkenness, corruption, or other misconduct in office. Sec. 41. PROCESS, SERVICE oF.—The office of constable is hereby P'°°€SS»“"Vi°° °‘· . abolished, and all process issued by a justice of the peace shall be