Page:United States Statutes at Large Volume 31.djvu/1248

 1 196 FIFTY—SIXTH CONGRESS. Sess. 11. on. 851. 1901. served b 1 the United States marshal for the District of Columbia, or, if he is disqualified, by the coroner, and the fees for such service shall be as prescribed by rule of the supreme court of the District of Columbia. SUPERSEDEAS. S*¤¤°1*€d¤¤S· On all judgments rendered by a justice of the peace, except as hereinafter provided, stay of execution may be had upon ood and sufficient security being entered by a person who inay be at the time the owner of sufhcient real property located in the District, above all liabilities ' and exemptions, to secure the debt, costs, and interest. S¤¤‘<·f ~>¤¤<‘¤¤¤¤- In such cases stay of execution shall be entered as follows: For the sum of five dollars, and not exceeding twenty dollars, one month. ‘ For all sums over twenty dollars, and not exceeding forty dollars, two months. F or all sums over forty dollars, and not exceeding seventydive dollars, four months. For all sums exceeding seventy-five dollars, six months. There shall be no stay of execution on any judgment for the wages of a servant or common laborer, nor upon any judgment for a less sum than five dollars. SUBCHAPTER Two. P¤1i¢€¤0¤ft· THE POLICE COURT. C<>¤Sm¤¤¤¤- Sec. 42. CONSTITUTION.—Th€1‘B shall continue to be a police court in the District, as at present, consisting of two judges learned in the law, appointed by the President, by and with the advice and consent of the Senate, for the term of six years, who shall each receive a salary Oafgfggs Of iudgee of three thousand dollars per annum. The said judges Shall hold 'separate sessions and may carry on the business of said court separately and simultaneously, and are empowered to make rules for the apportionment of .the business between them, and the acts of each of the said judges respecting the business of said court shall be deemed and taken to be the acts of the said court. Each judge, when appointed, shall take the oath prescribed for judges of the courts of the United States. _ J"‘*S‘“°“°“· Sec. 43. J UR1sD1o"r1oN.——The said court shall have original jurisdiction concurrently with the supreme court of the District, except where otherwise expressly herein provided, of all crimes and offenses committed in the said District not capital or otherwise infamous and not punishable by imprisonment in the penitentiary, except libel, conspiracy, and violation of the post-office and pension laws of the United States; and also of all offenses against municipal ordinances and regulations in force in the District of Columbia. The Said court shall also have power to examine and commit or hold to bail, either for trial or further examination, in all cases, whether cognizable therein or in the su reme court of the District. l“*°"m““°“$· ISec. 44. That prosecutions in the police court shall be on informa- T’l**] "’Yj“”· tion by the proper prosecuting officer. In all prosecutionswithin the jurisdiction of said court in which, according to the Constitution of the United States, the accused would be entitled to a jury trial, the trial shall be by jury, unless the accused Shall in open court expressly waive such trial by jury and request to be tried by the judge, in which case the trial shall be by such judge, and the judgment and sentence shall have the same force and effect in all respects as if the same had been entered and pronounced u(pon the verdict of a jury. ·bY*h° °°““— In all cases where the accuse would not by force of the Constitu-