Sheriffs may arrests. trial of such controversies heretofore belonged, and not before the court of the district of Columbia. 8. That it shall and may be lawful for the sheriffs of the make certain said counties of Montgomery and Prince George's, in the state of Maryland, and for the sheriff of Fairfax county in the commonwealth of Virginia, and they shall respectively have full power and authority to enter into those parts of the now district of Columbia, which were heretofore within the limits of their respective bailiwicks, for the purpose of arresting and conducting to the respective jails under their keeping and care, as they heretofore might have done had the law to which this is a supplement never passed, each and every person within the Jimits of the district of Columbia, upon whom such sheriff hath heretofore served a writ of capias ad satisfaciendum, capias ad respondendum, attachment or other process, issuing from any state court, which commands and requires such sheriff to have the body of the person before the court from which such writ or process hath issued. The chief judge and one of the associ ate justices 9. That where by this act, and the act to which this is a supplement, appointments are authorized to be made by the circuit court of the district, it shall be lawful for the chief judge, may make ap- with one of the associate justices of the said court, to make such appointments. [Approved, March 3, 1801.] pointments. Same pro court for the county of &c. CHAP. 52. An act additional to, and amendatory of, an act, entituled "An act concerning the district of Columbia." § 1. Be it enacted, &c. That the circuit court of the county be had against of Washington, in the territory of Columbia, shall have power non-residents to proceed in all common law and chancery causes which now in the circuit are, or hereafter shall be instituted before it, in which either of the parties reside without the said territory, in the same way Washington, that non-residents are proceeded against in the general court or in the supreme court of chancery in the state of Maryland. 2. That the circuit court of the county of Alexandria, in the district of Columbia, shall have power to proceed in all common law and chancery causes which now are, or hereaf ter shall be instituted before it, in which either of the parties to be the same are non-residents of said district of Columbia, in the same way, and under the same regulations observed by the district court or by the high court of chancery in Virginia, in proceeding against non-residents. Proceedings against nonresidents in the circuit court of Alex andria county as in the dis trict, &c. of Virginia. Times of sessions of the of Alexandria tofore issued, 3. That the courts for the counties of Alexandria and circuit courts Washington, shall hereafter be holden at the periods following, and Washing to wit: For the county of Alexandria, on the fourth Monday ton counties. of June and November, and for the county of Washington, on Process here the fourth Monday of July and December, in each year; and and not re- all process heretofore issued from the offices of the said courts turned, made and not yet returned, shall be returnable to the first day of the sessions of the said courts, respectively, and all causes now depending in the same shall stand adjourned and continued over to the next sessions of the said courts, as established by returnable to, &c. Causes de pending to stand, &c. this act. And the said courts are hereby invested with the These courts same power of holding adjourned sessions that are exercised have power to hold adjourn by the courts of Maryland. ed sessions. satisfacien a single mag exclusive of such cases to § 4. That no capias ad satisfaciendum shall hereafter issue on No capias ad any judgment rendered by a single magistrate, or in any case dum to be iswhere the judgment, exclusive of costs, shall not exceed twen- sued on the ty dollars; but that in such cases, execution shall be only on the judgment of goods and chattels of the debtor, and shall issue by order of istrate, where the justice who may have taken cognizance of the action, from the amount the clerk's office, and shall be returnable thereto : that all costs, &c. such executions be returnable on the first Monday in every Executions in month; and that the same, and also the warrant to bring the be issued party before the justice, be directed to one of the constables, against the goods, &c. whose duty it shall be to obey the same: That each of the How issued said constables shall give bond, with one sufficient surety, to and returnabe approved of by any one of the district judges, for the faith- Constables to ful execution of the duties of his office, in the sum of five give bond with surety, &c. hundred dollars: That the clerk's fees for issuing and filing Clerk's fees the return of every such execution, shall be twenty-five cents; for issuing and filing the rethe constable's fees for return and service, shall be fifty turn of these cents; and that a commission of eight per cent. be allowed executions. the constable for every sum thereon by him levied. ble. Constable's fees, &c. where, by the 5. That so much of the original act to which this is a fur- The act to ther supplement, as confines the jurisdiction of the courts of which this is a supplement this territory to cases between parties who are inhabitants of, not to extend or residents within the same, shall not be construed to extend to cases to any case, where, by the laws of Maryland and Virginia, Virginia and respectively, attachments may issue to affect the property of absconding debtors, or others having property within the district, and whose persons are not answerable to the process the court. of Maryland laws, attach ments may is sue against the property of absconding debtors. How taxes are Alexandria: 6. That the taxes to be levied in the county of Alexandria, shall hereafter be assessed by the justices of the peace of to be levied in the said county, and the poor of the town and country parts of the county of the said county of Alexandria shall be provided for respective- And the poor ly, in like manner as the county and corporation courts were county proauthorized to do by the laws of Virginia, as they stood in force vided for. within the said county, on the first Monday of December, in the year one thousand eight hundred. of the said former act, not 7. That no part of the laws of Virginia or Maryland, de- The laws of clared by an act of congress, passed the twenty-seventh day of Virginia, and Maryland February, one thousand eight hundred and one, "concerning adopted by a the district of Columbia,' to be in force within the said dis- to prohibit the trict, shall ever be construed so as to prohibit the owners of owners of slaves to hire them within, or remove them to the said district, hiring them, in the same way as was practised prior to the passage of the &c. above recited act. slaves from respect to § 8. That so much of two acts of congress, the one passed Parts of foron the twenty-seventh day [of] February, one thousand eight mer acts with hundred and one, entituled "An act concerning the district of compensation to justices of Columbia;" the other passed the third day of March, one peace and thousand eight hundred and one, supplementary to the afore- jurors abosaid act, as provides for the compensation to be made to cer lished. tain justices of the peace thereby created, and for compensation to jurors attending the courts within said district, exExcept as to cept so much thereof as relates to their travelling expenses travelling ex- attending the same, shall be, and is hereby repealed: And jurors, in future, shall serve in the said courts, and be summoned to attend the same in like manner as jurors serve and were summoned in the courts of Virginia, prior to the passage of the above recited act. penses of Jurors. Jurors to be summoned and to serve in the same manner as jurors in Va. Certain licenses to be &c. circuit court may grant 9. That ordinary licenses, retailers' licenses, and hawkers and pedlars' licenses, shall be granted by the circuit court granted in the of the said district, in the respective counties, as the same same way as they have were heretofore granted by the courts of Maryland and Virgibeen granted, nia, respectively: And the several judges of the said circuit Judges of the court shall have like authority to grant such licenses in vacation, as the justices of the courts of Maryland and Virginia such licenses heretofore possessed; and the money arising from such liin vacation, as censes shall be applied to the use and benefit of the said counthe justices of the courts of ties, respectively, in such manner, and to such purposes, as the Maryland and Virginia, &c. justices of the levy courts in the same shall appoint and direct. Marshal au10. That the marshal of the district of Columbia be, thorized to rause a jail to and he hereby is authorized and directed, with the approbabe built in the tion of the president of the United States to cause a good and city of Wash sufficient jail to be built within the city of Washington, and A limitation of that a sum not exceeding eight thousand dollars be, and the appropriation same hereby is appropriated to that purpose, to be paid out of any unappropriated moneys in the treasury. ington, &c. expense and of money. Corporation of to lay a tax. poses. 11. That the corporation of Georgetown, in the district Georgetown of Columbia, shall have full power and authority to tax any For what pur- particular part or district of the town, for paving the streets, lanes or alleys therein, or for sinking wells, or erecting pumps which may appear for the benefit of such particular part or the rate of tax district: Provided, That the rate of tax so to be levied shall and the man- not exceed two dollars per foot front, and that the same shall must be en- be enforced and collected in the same manner that the taxes Limitation of ner in which it lected. forced and col- which the said corporation had heretofore been authorized to lay and collect. Articles inspected in one port of the disirict, &c. to be organiz. To appoint 12. That articles inspected at one port in the said district shall not be subject to a second inspection, at any other port in the said district. President of 13. That the president of the United States be authorized the U. States to cause the to cause the militia of the respective counties of Washington militia of and Alexandria to be formed into regiments and other corps, Washington and Alexan- conformably, as nearly as may be, to the laws of Maryland dria counties and Virginia, as they stood in force in the said counties, reed, and how. spectively, on the first Monday in December, in the year one thousand eight hundred; and that he appoint and commission, during pleasure, all such officers of the militia of the said district, as he may think proper; that he be authorized to call them into service, in like manner as the executive of Maryland, and Virginia were authorized in the counties of Washington Their pay and and Alexandria respectively, on the first Monday of December, one thousand eight hundred. And that such militia, when in actual service, be entitled to the same pay and emoluments and commission officers. To call them iuto service; and in what manner. emoluments while in ser vice. as the militia of the United States, when called out by the president. [Approved, May 3, 1802.] CHAP. 84. An act for the relief of insolvent debtors within the district of Columbia. Debtors con bia may peti In what man ner. § 1. Be it enacted, &c. That any debtor who now is, or may fed in the hereafter be, in actual confinement in jail, in the district of jail of the disColumbia, at the suit of any creditor, may apply by petition trict of Columin writing, to any one of the judges of the circuit court of tion for relief. the district of Columbia, and offer to deliver up, for the use of his creditors, all his property, real, personal and mixed, to which he is in any manner entitled, a schedule whereof, on oath or affirmation, together with a list of his creditors, as far as he can ascertain them, shall be annexed to and exhibited with his petition; and thereupon the said judge shall direct notice of such application to be published in some of the public newspapers, for such time as he may think proper, which notice shall likewise require the attendance of the creditors at the court house of the county, in which the petitioning debtor is confined, and at such time as the said judge may appoint; and it shall be the duty of the said judge, and of the clerk, of the county, to attend at the time and place appointed; and on the appearance of the creditors, either in person or by attorney, agreeably to the notification, or on their neglect to appear, the said judge shall administer to the debtor the following oath "I, A B, do swear (or solemnly, sincerely and truly Oath or affirmdeclare and affirm,) that I will deliver up, convey and trans- debtor. fer, for the use of my creditors, all my property that I have any title to or claim any interest in, whether in possession, remainder or reversion, and all claims, rights and credits that I have or am in any manner entitled to; and that I have not at any time given, sold, conveyed, lessened or disposed of for the use or benefit of myself, or any other person or persons, any part of my money or other property, claims, rights or credits, thereby to defraud my creditors, or any of them, or to secure the same with a view or expectation to receive any profit, benefit or advantage thereby," and the said judge shall thereupon appoint such person, as a majority of the creditors in Trustee apvalue, their agents or attorneys then present shall recommend, to be a trustee, for the benefit of the creditors of the petitioning debtor; or in case of non-attendance of the creditors, or of their not making a recommendation, the said justice shall name such person as he shall think proper, to be a trustee as aforesaid. ation of the pointed. 2. That before the said trustee shall proceed to act, he Who shall shall give bond to the United States in such penalty and with give bond and security. such security as the said judge shall approve, conditioned for the faithful performance of his trust, which shall be recorded in the clerk's office of the county in which the proceedings are had; and a certified copy thereof shall be received as evidence in any court of law in the United States; and the said bond may be sued in the name of the United States, for the use of any person or persons who may conceive him or themselves aggrieved by the negligence or misconduct of the trustee. And in case of the death or refusal to act of any trustee, the death or refu said judge may appoint another in his place, who shall give bond in manner as aforesaid. In case of sal to act, another ap- charged, and show. · §3. That upon the petitioning debtor's executing a deed ing debtor dis- or deeds to the said trustee, conveying all his property, real, personal and mixed, and all his claims, rights and credits, agreeably to the oath or affirmation of the said debtor, and on delivering all his said property which he shall have in his possession, together with his books, papers and evidences of debts of every kind, to the said trustee, and the said trustee's certifying the same to the said judge in writing, it shall be lawful for the said judge to make an order to the marshal, jailor or keeper of the prison, in which said debtor is then confined, commanding that the said debtor shall be thenceforth discharged from his imprisonment; and he shall be immediately discharged, and the said order shall be a sufficient warrant therefor: Provided, That no person who has been guilty of a breach of the laws, and who has been imprisoned for or on account of the same, shall be discharged from imprisonment: And provided likewise, That any property which the debtor may afterwards acquire, (except the necessary wearing apparel and bedding for his family, and his tools, if a mechanic or manufacturer,) shall be liable to the payment of his debts, any thing herein to the contrary notwithstanding. Proviso. Wearing apparel, bedding and tools of 4. That the said judge may allow such petitioning debtor and his family, to retain their necessary wearing apparel and trade allowed. bedding, and if the said debtor be a mechanic or manufacturer, he may likewise retain the tools of his trade. Property of the debtor how sold. 5. That the said judge may direct the trustee to sell and convey the property of the petitioning debtor, at such time, and on such terms and conditions as he shall deem most to the advantage of the creditors, and the product thereof, after Product there satisfying all incumbrances and liens, shall be divided among of how divided. the creditors in proportion to their respective claims: and no process against the real or personal property of the debtor What proces shall have any effect or operation, except process of execution, and attachments in the nature of executions, which shall have been put into the hands of the marshal antecedent to the application. ses can take effect. Trustee may sue in his own name. Fraud or de creditors. 6. That every trustee may sue for, in his own name, any property or chose in action assigned to him by virtue of this act. 7. That if any creditor, at any time within two years after ceit towards the application of such debtor, shall allege in writing, to the circuit court of the district of Columbia, or at any other court of the United States, within whose jurisdiction such debtor may be found, that such debtor had at the time of his application as aforesaid, directly or indirectly conveyed, lessened or disposed of any part of his property, rights or credits, with intent to defraud his creditors, or had at any one time within twelve months next preceding said application, lost by gam |