Page:United States Statutes at Large Volume 31.djvu/1246

1194 FIFTY-SIXTH CONGRESS. Sess. 11. GH. 854. 1901. n€§S‘Q;f°$i"°"' “*l'· Sec. 26. NONRESIDENT w1TNEssEs.——Where the testimony of nonresident witnesses is required by either party the justice may, upon motion teggggjjffgfl '° take designating the names of such witnesses, appoint an examiner to take such testimony, to whom he shall issue a commission; and said testimony shall be taken on written interro atories and cross-interrogatories, which written interrogatories shall be filed with said justice at __f;{;’é§Q;,,me_ least three days before the issue of such commission: Provided, That such commission shall not issue unless the party a plying therefor file his affidavit, setting forth that he believes that tllie-testimony of said witnesses is material to the issue in said suit and that the motion is not made for the purpose of delay. Dwh °‘i“S¤°€- Sec. 27. DEATH or JUsT1GE.—In case of the death of any justice or the expiration of his commission after jud ment rendered by him and before execution is issued thereon, any otier justice, upon a copy of said judgment being filed with him, may issue execution thereon, which shall be returned to the justice issuin the same. m§g§¤*¤°¤°¤°* 5*16% Sec. 28. SATISFACTION or JUDGMENT.—l`§0 judgment or execution ` shall be recorded as satisfied without the receipt of the plaintiff or his attorney annexed thereto. mIg<;¢g¤¢¤j§g Qglgrgxgé Sec. 29. DOCKETING JUDGMENT IN SUPREME COURT.·—Aft61` recoverwm.ing a judgment for twenty dollars or more, exclusive of costs, before a justice of the peace, the judgment creditor may, when execution is returned "No personal property found whereon to levy," Hle in the clerk’s office of the suplreme court of the District a certified copy of said judgment, which s all be docketed in the docket of law causes in said office in the same manner as appeals from justices are there docketed; and when it is docketed the force and effect of the judgment for all purposes shall be the same as to lien and execution as if it had been a judgment of the said su reme court. APW-i- Sec. 30. ArPEAL.—Where the debt or demand or the value of personal property claimed exceeds five dollars, and in actions for the recovery of possession of real estate, as aforesaid, either party who may think himself aggricved_ by the judgment or other Hnal order of a justice of the peace may appeal to the supreme court of the District; such appeal to be prayed within six days after the entering of the judgment. U¤<¤¤rwki¤s- Sec. 31. UNDERTAKING.——NO appeal shall be allowed unless the appellant, with sufficient surety, approved by the justice, shall enter into an undertaking to satisfy and pay whatever final judgment may be recovered in the appellate court, and agree that such judgment may be entered against principal and sureties. Such undertaking must be given within six days, exclusive of Sundays and legal holidays, after the entry of judgment. And where said undertaking has been given the justice shall immediately file the original papers, and a copy of his docket entries, in the office of the clerk of the supreme court, and notify the appellant thereof. Pm“°°· Sec. 32. PEAGT1GE.——The practice and forms of proceeding in trials before justices and in trials of appeals from justices, so far as not herein directed, shall be governed by the rules of said sgpreme court. ,y‘§§§,¥*gg{g§,*§‘ P’°P€’· Sec. 33. (4`LAIMANT or PROPERTY LEVIED oN.- *hen personal property taken on execution issued by a justice of the peace is claimed by a person other than the defendant therein, or is claimed by the defend- Tuprice vv ¤¤¤rsh¤1 of ant to be property exempt from execution, and such claimant shall give ° °m' notice, in writing, to the marshal of his claim, or the defendant shall give notice, in writing, that the property. is exempt, the marshal shall notify the plaintiff of such claim an return said notice to the justice ""*“lS-€‘°· who issued the execution, and a trial of said right of property, or said question of exemption, shall be had before said justice. Sec. 34. The case made by such claim shall be entered on the jus- tice’s docket as an action by the claimant or the defendant against the