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The Alexandria Herald
Alexandria, Virginia
What is this article about?
The bill extending justices of the peace jurisdiction in the District of Columbia for recovering debts up to $50 was approved by the president on March 1, with amendments protecting females and elderly males from arrest, exempting certain property from seizure, and adding penalties for marshals and constables.
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The bill for extending the jurisdiction of the justices of the peace, in the District of Columbia, in the recovery of debts, to sums not exceeding fifty dollars, was published in the Herald on the 28th Feb. last, since which time it has been passed, with the following amendments, and was approved by the president on the 1st inst.
The act would be republished but for its length; and the only alterations being in the amendments which are given below.
To the first section the following proviso is added: "And provided further, That no female, in any case whatever, and no male above the age of 70 years, shall be liable to be arrested or imprisoned for any debt authorised to be sued for and recovered by this act."
After the last word of the third section the following lines are added: "which shall be returned within 20 days after being issued, to the justice who gave the judgment; and no judgment rendered before a justice shall have the effect to create any lien upon real estate."
After the last word of the tenth section, the following lines are added: "and where the marshal and constable shall have received money, on any judgment or execution, not exceeding 20 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."
The following proviso is added to the thirteenth section: "Provided however, and it is hereby enacted, that the necessary bed, bedding, not exceeding one bed and the bedding thereof for every two persons belonging to the family of every such debtor, and wearing apparel, and one cow of each and every debtor and his family against whose goods, chattels, and effects, a writ of fieri facias shall be issued, as aforesaid, shall not be liable to seizure and sale, under such writ, but shall, in all cases, be exempt, together with the tools and implements of his trade, from the operation of the same; nor shall it be lawful for any person to distrain them for rent."
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Where did it happen?
Domestic News Details
Primary Location
District Of Columbia
Event Date
1st Inst.
Outcome
approved by the president with amendments protecting certain debtors from arrest and imprisonment, exempting personal property from seizure, and imposing penalties on marshals and constables for mishandling funds or executions.
Event Details
The bill extends jurisdiction of justices of the peace in the District of Columbia for recovering debts up to fifty dollars. It was passed with amendments to sections 1, 3, 10, and 13, including provisos exempting females, males over 70 from arrest, real estate liens, and certain household items, bedding, apparel, cows, tools from seizure; requires execution returns within 20 days; and allows judgments against officials failing to pay or return executions.