75rH CONG., 3D SESS.--CH. 43 --MAR . 5 , 1938 [CHAPTER 43] AN ACT Establishing a small claims and conciliation branch in the municipal court of the District of Columbia for improving the administration of justice in small cases and providing assistance to needy litigants, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there is hereby established in the municipal court of the District of Columbia a small claims and conciliation branch. SEC. 2 . Whenever used in this Act- (a) "Branch" means the small claims and conciliation branch of the municipal court, herein created. (b) "Judge" means the judge or judges presiding in said branch. (c) "Clerk" means the clerk or any assistant clerk of said munici- pal court assigned to said branch. (d) "Court" means the municipal court of the District of Colum- bia and the several judges thereof. SEC. 3 . One or more judges of the municipal court shall serve in said branch for such periods and in such order of rotation as the judges of the court may determine. SEC. 4 . (a) Said branch shall have exclusive jurisdiction over all cases within the jurisdiction of the court in which the amount of the plaintiff's claim or the claimed value of personal property in controversy does not exceed $50 exclusive of interest, attorneys' fees, protest fees, and costs. Said jurisdiction shall not include actions for recovery of the possession of real estate, whether or not such actions include a claim for arrears of rent, or personalty, or both arrears of rent and personalty. (b) In order to effect the speedy settlement of controversies said branch shall also have authority with the consent of all parties to settle cases, irrespective of the amount involved, by the methods of arbitration and conciliation. The judges of said branch may also act as referees or arbitrators, either alone or in conjunction with other persons, under title 24, chapter 5, sections 91 to 109, inclusive, of the Code of Law for the District of Columbia, or under the United States Arbitration Act of February 12, 1925 (U. S . C ., 1934 ed., title 9, sections 1 to 15), or otherwise. No judge, officer, or other employee of the municipal court shall receive or accept any fee or compensation in addition to his salary for services performed under this subsection. SEC. 5 . (a) Actions shall be commenced in said branch by the filing of a statement of claim, in concise form and free of technicalities. The plaintiff or his agent shall verify the statement of claim by oath or affirmation in the form herein provided, or its equivalent, and shall affix his signature thereto. The clerk of said branch shall, at the request of any individual, prepare the statement of claim and other papers required to be filed in an action in this branch, but his services shall not be available to any corporation, partnership, or association in the preparation of such statements or other papers. A copy of the statement of claim and verification shall be made a part of the notice to be served upon the defendant named therein. The mode of service shall be by the United States marshal, as pro- vided by law; or by registered mail with return receipt; or by any person not a party to or otherwise interested in the suit, especially appointed by the judge for that purpose. (b) When notice is to be served by registered mail, the clerk shall enclose a copy of the statement of claim, verification, and notice in an envelope addressed to the defendant, prepay the postage with funds obtained from plaintiff, and mail the same forthwith, noting on the records the day and hour of mailing. When such receipt is returned, the clerk shall attach the same to the original statement 103 March 5, 1938 [S. 1835] [Public, No. 441] Municipal court, District of Columbia. Small claims and conciliation branch, establishment. Definitions. "Branch." " Judge. " "Clerk." "Court." Assignment of judges. Jurisdiction. Exceptions. Settlement of con- troversies by arbitra- tion, etc. Judges as referees, etc. 31 Stat. 1254. 24 D. C. Code §§ 91-109. 43 Stat. 883 . 9U.S.C. § 1-15. Fee, etc. , r estriction. Commencement of actions; filing claims. Verification. Assistance of clerk; restriction. Service upon de- fendant; mode. Service by regis- tered mail. 52 STAT.]
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