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having been by said constable returned "not to be found," it is hereby ordered that said defendant cause his appearance to be entered herein on or before the first Tuesday 189, otherwise the cause will be proceeded with as in case of default.
Declaration in re- SEC. 12. That the declaration in replevin shall be in the following or equivalent form:
Affidavit of plaintiff.
Return of writ.
Proceedings in de
Plea of defendant.
The plaintiff sues the defendant for (wrongfully taking and detaining) (unjustly detaining) his, said plaintiff's, goods and chattels, to wit: (describe them) of the value of dollars. And the plaintiff claims that the same be taken and delivered to him; or, if they are eloigned, that he may have judgment of their said value, and all mesne profits and damages, which he estimates at dollars, besides costs. SEC. 13. That at the time of filing the declaration in replevin, the plaintiff, his agent, or attorney shall file an affidavit, sworn to before the said justice of the peace, stating:
First. That according to affiant's information and belief the plaintiff is entitled to recover possession of chattels proposed to be replevied, being the same described in the declaration.
Second. That the defendant has seized and detains, or detains; the same.
Third. That said chattels were not subject to such seizure or detention and were not taken upon any writ of replevin.
SEC. 14. That the plaintiff shall at the same time enter into an undertaking with surety, approved by said justice of the peace, to abide by and perform the judgment of the said justice's court in the premises.
SEC. 15. That if the officer's return of the writ of replevin be that he has served the defendant with copies of the declaration, notice to plead, and summons, but that he could not get possession of the goods and chattels sued for, the plaintiff may prosecute the action for the value of the same and damage for detention, or he may renew the writ in order to get possession of the goods and chattels themselves.
SEC. 16. That if the officer's return be that he has taken possession of the goods and chattels sued for, but that the defendant is not to be found, the said justice of the peace may order that the defendant appear to the action by some fixed day; and of this order the justice of the peace shall cause notice to be given by publication in some newspaper of the District at least three times, the first of which shall be at least twenty days before the day fixed for the defendant's appearance. SEC 17. That if the defendant fails to appear the court may proceed as in case of default after personal service.
SEC. 18. That if the defendant appear he may plead not guilty, in which case all special matters of defense may be given in evidence, or he may plead specially.
SEC. 19. That whether defendant plead and the issue thereon joined is found against him, or his plea is held bad on 'demurrer, or he make default after personal service or after publication, the plaintiff's damages shall be ascertained on the trial, and the damages shall be the full value of the goods, if eloigned by the defendant, including in every case the loss sustained by the plaintiff by reason of the detention, and judgment shall pass for the plaintiff accordingly.
SEC. 20. That if the issue be found for the defendant, or the plaintiff judgment for defend dismiss or fail to prosecute his suit, the judgment shall be that the goods, if delivered to the plaintiff, be returned to the defendant, with damages, or, on failure, that the defendant recover against the plaintiff and his surety the damages by him sustained, to be assessed by the Jury trying the issue, or by the justice trying the case without a jury, or, where the plaintiff dismisses or fails to prosecute his suit, by the justice.
SEC. 21. That if the defendant has eloigned the things sued for the justice or the jury trying the case may assess such damages as may compel the defendant to return the things.
Property claimed by. other party or to be exempt.
SEC. 22. That the judgment in such cases shall be that the plaintiff Judgment if goods eloigned. recover against the defendant the value of the goods as found, to be discharged by the return of the things with damages for detention, which shall also be assessed by the justice or jury trying the case. SEC. 23. That when personal property is taken on execution or attachment issued by a justice of the peace, and such property is claimed by a person other than a defendant therein, or is claimed by the defendant to be property exempt from execution, and such claimant shall give notice in writing to the constable of his claim to such property, or that it is exempt as aforesaid, the constable shall notify the plaintiff in such writ, or his agent or attorney, of such claim, and shall also notify such plaintiff and the claimant before what justice and at what time and place a trial of the right of property shall be had.
SEC. 24. That the trial of the right of property in such cases shall be before the justice of the peace who issued such writ, unless removed by change of venue, as now provided by law; or if he should be unable to attend to such trial, before some other justice of the peace in the said District.
SEC. 25. That the justice shall enter such cases on his docket, and the trial shall be had therein in the same manner as in other trials before justices of the peace; and a change of venue may be taken as in other cases.
Trial of right of
SEC. 26. That in case the property shall appear to belong to the claim- Judgment. ant, or to be exempt from execution, judgment shall be entered against the plaintiff in the execution or attachment for costs, and the property levied upon shall be released. If it shall appear that the property does not belong to the claimant, or is not so exempt as aforesaid, judgment shall be entered against said claimant for costs, including such additional costs as shall have been made by the delay in the execution of such writ.
SEC. 27. That an appeal may be taken as in other cases, provided the same is prayed on the day of the entering of judgment, and the bond shall be given within six days, Sunday exclusive, from the time of entering of the judgment.
SEC. 28. That the judgment in such cases shall be a complete indemnity to the constable in proceeding to sell or return any such property; and in case of appeal the constable shall return such property unless the party claiming, or the defendant in the execution, or his agent, shall enter into an undertaking, with sufficient security, to be approved by the justice, for the delivery of such property to the officer if the judgment of the court shall be against the party entering into such undertaking.
Duty of constable.
make rules and forms.
SEC. 29. That the supreme court of the District is hereby authorized Supreme court to to make and establish such additional rules of practice and prescribe forms of process and proceedings rendered necessary by this act, and to alter and amend the same as it may from time to time deem advis able.
R. S. D. C., ch. 31, p. 116. Landlord and tenant jurisdiction unR. S. D. C., ch. 19, p.
SEC. 30. That all acts and parts of acts inconsistent with the provisions of this act are hereby repealed; but nothing herein shall be construed to take away and limit the jurisdiction conferred upon justices of the peace by chapter nineteen of the Revised Statutes of changed. the United States relating to the District of Columbia. Approved, February 19, 1895.
CHAP. 101-An Act To readjust the salaries and allowances of the postmasters at Guthrie, Oklahoma City, and Kingfisher, in Oklahoma Territory.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Postmaster-General be, and he is hereby, authorized and directed to allow to the postmasters at Guthrie, Oklahoma City, and Kingfisher, in Oklahoma Territory, the
February 19, 1895.
masters, Guthrie, Ok
Allowance to post- same salaries from July first, eighteen hundred and eighty-nine, per lahoma, and King: annum, that would have been allowed to said officers had the classification been made July first, eighteen hundred and eighty-nine. Approved, February 19, 1895.
February 19, 1895.
Rules to prevent
collisions extended to
R. S., secs. 4233, 4412,
4413, pp. 814, 854. Vol. 26, p. 320.
CHAP. 102.-An Act To adopt special rules for the navigation of harbors, rivers and inland waters of the United States, except the Great Lakes and their connecting and tributary waters as far east as Montreal, supplementary to the Act of August nineteenth, eighteeen hundred and ninety, entitled "An Act to adopt regulations for preventing collisions at sea."
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That on and after March first, eighteen hundred and ninety-five, the, provisions of sections forty-two hundred and thirty-three, forty-four hundred and twelve, and fortyfour hundred and thirteen of the Revised Statutes and regulations pursuant thereto shall be followed on the harbors, rivers and inland waters of the United States.
The provisions of said sections of the Revised Statutes and regularules for harbors, etc. tions pursuant thereto are hereby declared special rules duly made by local authority relative to the navigation of harbors, rivers and inland waters as provided for in Article thirty, of the Act of August nineteenth, eighteen hundred and ninety, entitled "An Act to adopt regulations for preventing collisions at sea."
Vol. 26, p. 328.
Line of high seas to be defined.
SEC. 2. The Secretary of the Treasury is hereby authorized, empow ered and directed from time to time to designate and define by suitable bearings or ranges with light houses, light vessels, buoys or coast objects, the lines dividing the high seas from rivers, harbors and inland waters.
SEC 3. Collectors or other chief officers of the customs shall require all sail vessels to be furnished with proper signal lights. Every such vessel that shall be navigated without complying with the Statutes of the United States, or the regulations that may be lawfully made therePenalty for viola under, shall be liable to a penalty of two hundred dollars, one-half to go to the informer; for which sum the vessel so navigated shall be liable, and may be seized and proceeded against by way of libel in any district court of the United States having jurisdiction of the offense.
Inland waters defined.
Great Lakes not af fected.
Ante, p. 645.
SEC. 4. The words "inland waters" used in this Act shall not be held to include the Great Lakes and their connecting and tributary waters as far east as Montreal; and this Act shall not in any respect modify or affect the provisions of the Act entitled "An Act to regulate navigation on the Great Lakes and their connecting and tributary waters," approved February eighth, eighteen hundred and ninety-five. Approved, February 19, 1895.
February 19, 1895.
CHAP. 103.-An Act To establish a life-saving station at or near City Point, Boston Harbor, Massachusetts.
Be it enacted by the Senate and House of Representatives of the United Boston Harbor, States of America in Congress assembled, That the Secretary of the Life saving station Treasury be, and he is hereby, authorized to establish a life saving station at or near City Point, Boston Harbor, Massachusetts, in such locality as the General Superintendent of the Life-Saving Service may recommend.
at City Point.
SEC. 2. That the character of the equipments and appliances of the station, the number of men constituting its crew, and the portion of the year during which it shall be manned shall be determined by the General Superintendent of the Life-Saving Service.
Approved, February 19, 1895.
CHAP. 105.-An Act To provide for coinage at the branch mint at Denver, Colorado.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That hereafter there shall be carried on at the branch mint of the United States at Denver, in the State of Colorado, the coinage of gold and silver.
February 20, 1895.
R. S., secs. 3496, 3497,
p. 694, amended.
SEC. 2. That the provisions of sections thirty-four hundred and ninetysix and thirty-four hundred and ninety-seven of the Revised Statutes of the United States are hereby made applicable to the mint of the United States at Denver, Colorado, and that so much of sections thirty. R. S., secs. 3558-3561, five hundred and fifty-eight, thirty-five hundred and fifty-nine, thirty. Pp. 702, 703, amended. five hundred and sixty, and thirty-five hundred and sixty-one of the Revised Statutes of the United States as relates to the mint at Denver, Colorado, are hereby repealed; and that the compensation of the offi cers of said mint shall be the same as those of the mint at Carson City, Nevada.
SEC. 3. That all laws and parts of laws in force in relation to the mints of the United States, and for the government of the officers and persons employed therein, shall be applicable to the mint at Denver. Approved, February 20, 1895.
CHAP. 106.-An Act For the encouragement of education in the State of Mississippi.
February 20, 1835.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the governor of the State of Mississippi be, and he is hereby, authorized to select out of the unoc- for educational purcupied and uninhabited lands of the United States, within the said poses. State, forty-six thousand and eighty acres of land, in legal subdivisions, being a total equivalent to two townships, and shall certify the same to the Secretary of the Interior, who shall forthwith, upon receipt of said certificate, issue to the State of Mississippi patents for said lands: Provided, That the proceeds of one township of said lands, when sold or leased, shall forever remain a fund for the use of the agricultural and mechanical college of said State; and the proceeds of one of said townships of land, when sold or leased, shall forever remain a fund for the use of the agricultural and mechanical college for colored persons, established and maintained by said State.
SEC. 2. That in making said selection the governor of said State of Selection Mississippi shall designate the lands for the agricultural and mechanical college, and the lands for the agricultural and mechanical college for colored persons.
Approved, February 20, 1895.
CHAP. 107-An Act To increase the limit of cost for the erection of a public February 20, 1895. building at Paterson, New Jersey.
Paterson. N. J.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the amount heretofore fixed as the limit of cost for the erection of a public building, by the building, increased. United States Government, at Paterson, New Jersey, be, and the same is hereby, increased to two hundred thousand dollars, and that the same is hereby fixed as the limit of cost for the purchase of a site and the erection thereon of said building.
Vol. 25. p. 175.
SEC. 2. That the officers of the United States Government having Plans, etc. charge of the erection of public buildings are required to be governed by the limitation hereby prescribed in making the plans and contracts for the erection of said building.
Approved, February 20, 1895.
STAT-VOL XXVIII- -43
February 20, 1895.
South Omaha, Nebr.
Post, p. 914.
Limit of cost.
Proposals for site.
CHAP. 108.-An Act To provide for the purchase of a site and the erection of a public building thereon at South Omaha, in the State of Nebraska.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Treasury be, and he is hereby, authorized and directed to acquire, by purchase, condemnation, or otherwise, a site, and to cause to be erected thereon a suitable building, including fireproof vaults, heating and ventilating apparatus, elevators, and approaches, for the use and accommodation of the United States post-office and other Government offices in the city of South Omaha and State of Nebraska, the cost of said site and building, including said vaults, heating and ventilating apparatus, elevators, and approaches, complete, not to exceed the sum of one hundred thousand dollars.
Proposals for the sale of land suitable for said site shall be invited by public advertisement in one or more of the newspapers of said city of largest circulation for at least twenty days prior to the date specified in said advertisement for the opening of said proposals. Proposals made in response to said advertisement shall be addressed and mailed to the Secretary of the Treasury, who shall then cause the said proposed sites, and such others as he may think proper to desig nate, to be examined in person by an agent of the Treasury Department, who shall make written report to said Secretary of the results of said examination, and of his recommendation thereon, and the reasons therefor, which shall be accompanied by the original proposals and all maps, plats, and statements which shall have come into his possession relating to the said proposed sites.
Commission to in- If, upon consideration of said report and accompanying papers, the vestigate sites. Secretary of the Treasury shall deem further investigation necessary, he may appoint a commission of not more than three persons, one of whom shall be an officer of the Treasury Department, which commission shall also examine the said proposed sites and such others as the Secretary of the Treasury may designate, and grant such hearings in relation thereto as they shall deem necessary; and said commission shall, within thirty days after such examination, make to the Secretary of the Treasury written report of their conclusion in the premises, accompanied by all statements, maps, plats, or documents taken by or submitted to them, in like manner as herein before provided in regard to the proceedings of said agent of the Treasury Department; and the Secretary of the Treasury shall thereupon finally determine the location of the building to be erected.
The compensation of said commissioners shall be fixed by the Secretary of the Treasury, but the same shall not exceed six dollars per day and actual traveling expenses: Provided, however, That the member Treasury member. of said commission appointed from the Treasury Department shall be paid only his actual traveling expenses.
Open space, etc.
No money shall be used for the purpose mentioned until a valid title to the site for said building shall be vested in the United States, nor until the State of Nebraska shall have ceded to the United States exclusive jurisdiction over the same, during the time the United States shall be or remain the owner thereof, for all purposes except the administration of the criminal laws of said State and the service of civil process therein.
The building shall be unexposed to danger from fire by an open space of at least forty feet on each side, including streets and alleys. Approved, February 20, 1895.