porary inability of the judge of the said court; and if the chief judge of the said 20 Feb. 1839. circuit court shall not be able to hold the said criminal court, then the senior assistant disability of the judge. judge of the said circuit court shall hold the same.

54. All writs and process which shall issue from the said court, shall be tested in the name of the judge of the said court.

Ibid. 2.

Ibid. 3.

55 The judge of the said court shall, out of court, in all criminal matters, and breaches of the peace and good behavior, have and exercise all the powers by law Powers of the vested in the circuit court of the United States, and the judges thereof, and which were judge to take vested by the acts establishing the circuit court of the District of Columbia, and judges behavior, &c. of the same.

sureties for good

Ibid. 4.

Power to make

56. The judge of the said criminal court shall take the oath of office, provided by law to be taken by the judges of the circuit court of the District of Columbia; and shall Judge's oath of have power to make all needful rules of practice for the orderly and speedy administra- office. tion of the business of the same, as he shall deem expedient, not inconsistent with the ruies. laws and constitution of the United States; and the said court is hereby authorized to Seal. provide a seal for the same; and he shall have the same power and authority as is exercised by the judges of the circuit court of the District of Columbia, to require bail Bail. in all cases when by law bail may be required.

Ibid. 25.

Return of write

57. In order to prevent the delay and long confinement in the jails of said district, of prisoners sentenced to be executed, or to the penitentiary, when the party claims the right to have the sentence suspended, to give an opportunity of applying for a writ of of error. error: Be it enacted, That all writs of error which may be granted to the judgment of the criminal court of either county, shall be returned to the circuit court which may be in session, or to the next circuit court which may be held at the stated times fixed by law for the meeting of the same; and that so much of the fifth section of the act establishing the criminal court as requires the writ of error to be returned to the circuit court of the county in which said judgment may be rendered, be, and the same is hereby repealed. The judgment of the circuit court shall be certified to the clerk of the criminal court, and preserved among the original papers in the case.

Ibid. 27.

the court.

58. If, after the said court shall have commenced its session, the judge should be taken sick, so as not to be able to continue the session of the court from day to day until the Adjournments of business of the term is disposed of, it shall be lawful for him, or in his absence for the clerk of the said court, to adjourn the same, from day to day, or week to week, until such time as he shall be able to attend to the business of the said court, when the same shall be resumed as if the session had not been interrupted. But if the sickness of the said When circuit court judge to judge shall continue longer than the space of one month, then the chief judge of the hold adjourned circuit court of the District of Columbia shall hold the said court, and continue the ses- court. sion; and if the said chief judge shall be unable from sickness or other disability to hold the said court, then the senior assistant judge of the said circuit court shall hold the

same.

Ibid. 8.

59. In any case wherein the parties, or any of them, may be related to the said judge of the criminal court, then such case, and the record thereof, may be sent to the next where the parties circuit court of the District of Columbia for the county in which the said case shall have are related to the judge, case to be arisen, to be there tried and determined, and sentence passed and executed, as if this certified to the act, and the act to which this is supplementary, had never been passed.

circuit court.

5 Stat. 729.

60. Hereafter there shall be but three terms of the criminal court for Washington 1 March 1845 8 2. county, in the District of Columbia, instead of the four terms of said court now fixed by law; and that said three terms hereafter shall commence and be held on the first Monday Terms altered. in March, the third Monday in June, and the first Monday in December in each and every year. All process whatsoever in the said criminal court now issued or which may be issued in the county of Washington, in said district, returnable to the days now fixed by law for said county, shall be returnable and returned on the days for holding said criminal court, prescribed by this statute.

61. The salary of the judge of the criminal court of the District of Columbia, be, and 11 Feb. 1853 3 1. the same is hereby made equal to that of an assistant judge of the circuit court of said district, as now established by law.

IX. PENAL CODE.

10 Stat. 157. Judge's salary increased.

4 Stat. 448. Certain offences

62. Every person who shall be convicted, in any court in the District of Columbia, of 2 March 1831 8 1. any of the following offences, to wit: manslaughter, assault and battery with intent to kill, arson, rape, assault and battery with intent to commit a rape, burglary, robbery, to be punished horse-stealing, mayhem, bigamy, perjury or subornation of perjury, larceny, if the pro- by imprisonment in the penitenperty stolen is of the value of five dollars or upwards, forgery, obtaining by false pretences tiary. any goods or chattels, money, bank-note, promissory note or any other instrument in writing for the payment or delivery of money or other valuable thing, or of keeping a faro bank or other common gaming table, petty larceny upon a second conviction, com

2 March 1831. mitted after the passage of this act, shall be sentenced to suffer punishment by imprisonment and labor, for the time and times hereinafter prescribed, in the penitentiary for the District of Columbia.

Thil. 32. Manslaughter. Assault and battery with intent to kill.

Ibid. 3 3. Arson.

Ibid. 4.

Rape.

Ibid. 25.

Assault and Fattery with

intent to ravish.

Ibid. 26.

Burglary and robbery.

Accessaries.

Ibid. 27. Horse stealing, mayhem and bigamy.

Ibid. 28.

63. Every person duly convicted of manslaughter, or of any assault and battery (a) with intent to kill, (b) shall be sentenced to suffer imprisonment and labor, for the first offence for a period not less than two nor more than eight years, for the second offence for a period not less than six nor more than fifteen years.

64. Every person, duly convicted of the crime of maliciously, wilfully, or fraudulently burning any dwelling-house, or any other house, barn or stable, adjoining thereto, or any store, barn or out-house, having goods, tobacco, hay or grain therein, although the same shall not be adjoining to any dwelling-house; or of maliciously and wilfully burning any of the public buildings in the cities, towns or counties of the District of Columbia, belonging to the United States, or the said cities, towns or counties; or any church, meeting-house or other building for public worship, belonging to any voluntary society or body corporate; or any college, academy, school-house or library; or any ship or vessel, afloat or building; or as being accessary thereto; shall be sentenced to suffer imprisonment and labor, for a period of not less than one nor more than ten years for the first offence, and not less than five nor more than twenty years for the second offence. 65. Every free person, duly convicted of rape, or as being accessary thereto before the fact, shall be sentenced to suffer imprisonment and labor, for the first offence for a period not less than ten nor more than thirty years, and for the second offence for and during the period of his natural life.

66. Every free person duly convicted of an assault and battery with intent to commit a rape, shall be punished for the first offence by undergoing confinement in the penitentiary for a period not less than one nor more than five years, and for the second for a period not less than five nor more than fifteen years.

67. Every person duly convicted of burglary, or as accessary thereto before the fact, or of robbery, or as accessary thereto before the fact, shall be sentenced to suffer imprisonment and labor, for the first offence for a period not less than three nor more than seven years, and for the second offence for a period not less than five nor more than fifteen years.

68. Every person convicted of horse stealing, mayhem, bigamy, or as being accessary to any of said crimes before the fact, shall be sentenced to suffer imprisonment and labor, for the first offence for a period not less than two nor more than seven years, and for the second offence for a period not less than five nor more than twelve years.

69. Every person, convicted of perjury or subornation of perjury, shall be sentenced Perjury and sub- to suffer imprisonment and labor, for the first offence for a period not less than two nor more than ten years, and for the second offence for a period not less than five nor more than fifteen years.

ornation.

Ibid. 9.

Larceny.

Ibid. 3 10.

goods.

70. Every person convicted of feloniously stealing, taking and carrying away any goods or chattels or other personal property, of the value of five dollars or upwards, or any bank note, (c) promissory note or any other instrument of writing for the pay ment or delivery of money or other valuable thing, to the amount of five dollars or upwards, shall be sentenced to suffer imprisonment and labor, for the first offence for a period not less than one nor more than three years, and for the second offence for a period not less than three nor more than ten years.

71. Every person convicted of receiving stolen goods, or any article, the stealing of Receiving stolen which is made punishable by this act, to the value of five dollars or upwards, knowing them to have been stolen, or of being an accessary after the fact in any felony, shall be Accessaries after sentenced to suffer imprisonment and labor, for the first offence for a period not less than one nor more than five years, and for the second offence for a period not less than two nor more than ten years.

the fact in felony.

Ibid. 11.

Forgery and

72. Every person duly convicted of having falsely forged and counterfeited any gold or silver coin, which now is, or shall hereafter be, passing or in circulation within the counterfeiting. District of Columbia; or of having falsely uttered, paid or tendered in payment, any such counterfeit or forged coin, knowing the same to be forged and counterfeit; or of having aided, abetted or commanded the perpetration of either of the said offences; or of having falsely made, altered, forged or counterfeited, or caused or procured to be falsely made, altered, forged or counterfeited, or having willingly aided or assisted in falsely making, altering, forging or counterfeiting, any paper, writing or printed paper, to the prejudice of the right of any other person, body politic or corporate or voluntary ass(ciation, with intent to defraud such person, body politic or corporate or voluntary ass

(a) An indictment will not lie, under this act, for an assault with intent to kill; there must be a battery also. United States . Turley, 4 Cr. C. C. 334. United States v. Lloyd, Ibid. 4€8. (b) Upon an indictment for assault and lattery with intent to kill, it is not necessary to show that the crime would have been

murder, if death had ensued. United States v. Thorp, 5 Cr. C. C. 390.

(c) An indictment for stealing a bank-note, must state the amount, as well as value of the note. United States v. Parry, Cr. C. C. 606.

eiation, or of having passed, uttered or published, or attempted to pass, utter or publish, 2 March 1921. as true, any such falsely made, altered, forged or counterfeited paper, writing or printed paper, to the prejudice of the right of any other person, body politic or corporate, or voluntary association, knowing the same to be falsely made, altered, forged or counterfeited, with intent to defraud such person, body politic or corporate or voluntary association; (a) shall be sentenced to suffer imprisonment and labor, for the first offence for a period not less than one year nor more than seven years, for the second offence for a period not less than three nor more than ten years.

Ibid. 12.

False pretences.

73. Every person, duly convicted of obtaining by false pretences any goods or chattels, money, bank-note, promissory note or any other instrument in writing, for the payment or delivery of money or other valuable thing; or of keeping a faro bank or gaming Gaming tables. table; (b) shall be sentenced to suffer imprisonment and labor, for a period not less than one year nor more than five years: and every person, so offending, shall be a competent Parties to bo witness against every other person offending in the same transaction, and may be com- competent witpelled to appear and give evidence in the same manner as other persons; but the testi- each other. mony so given shall not be used in any prosecution or proceeding, civil or criminal, against the person so testifying.

nesses against

Ibid. 13.

74. Every person, upon a second conviction of larceny, (c) where the property stolen is under the value of five dollars, or upon a second conviction of receiving stolen goods, Second convicknowing them to be stolen, where the property stolen is under the value of five dollars, tion of larceny or shall be sentenced to suffer imprisonment and labor, for a period not less than one year goods. nor more than three years.

receiving stolen

75. All capital felonies and crimes in the District of Columbia, not herein specially Ibid. 2 14. provided for, except murder, treason and piracy, shall hereafter be punished by impri- Other capital sonment and labor in the penitentiary of said district, for a period not less than seven nor more than twenty years.

crimes.

76. Every other felony, misdemeanor or offence not provided for by this act, may and Ibid. 15. shall be punished as heretofore, except that, in all cases where whipping is part or the other felonies, whole of the punishment, (except in the cases of slaves), the court shall substitute there- &c. for imprisonment in the county jail for a period not exceeding six months.

misdemeanors,

77. All definitions and descriptions of crimes, all fines, forfeitures and incapacities, Ibid. 16. the restitution of property or the payment of the value thereof, and every other matter Definitions, &c. not provided for in this act, be, and the same shall remain, as heretofore.

78. If any free person (d) shall, in the said district, (e) unlawfully, by force and violence, Thid. 17. take and carry away, or cause to be taken and carried away, or shall by fraud unlaw- Kidnapping free fully seduce, or cause to be seduced, any free negro or mulatto, from any part of the said negroes. district to any other part of the said district, or to any other place, with design or intention to sell or dispose of such negro or mulatto, or to cause him or her to be kept and detained as a slave for life or servant for years, every such person so offending, his or her counsellors, aiders and abettors, shall, on conviction thereof, be punished by fine, not exceeding five thousand dollars, and imprisonment and confinement to hard labor, in the penitentiary, for any time not exceeding twelve years, according to the enormity of the offence.

79. Nothing herein contained shall be construed to apply to slaves not residents of the Ibid. 318. District of Columbia; but such slaves shall, for all offences committed in said district, be Not to apply to punished agreeably to the laws as they now exist: Provided, That this act shall not be slaves. construed to extend to slaves.

5 Stat. 578.

Punishment for selling lottery tickets, &c.

80. It shall not be lawful to keep within the District of Columbia any office or place 31 Aug. 1842 3 L of business for the sale of lottery tickets, or of any share or interest in lottery tickets, nor shall it be lawful to sell or offer for sale within the said district, any lottery ticket or any share or interest in any lottery ticket; and every person who shall be duly convicted of offending against the provisions of this aet shall be punished by imprisonment in the common jail of the county in which the offence shall have been committed, for a period not less than one nor more than six calendar months, and shall forfeit and pay a fine of not less than one hundred nor exceeding one thousand dollars, one half of which shall

(a) An indictment, under this act, for uttering as true a forged paper writing, must aver that the uttering was to the prejudice of the right of some person, body politic or corporate or voluntary association, and with intent to defraud such person, body politic, &c. United States v. Noble, 5 Cr. C. C. 371. This act was not intended to alter the description of the offence of forgery as defined in the common law, or statute law of Maryland, but to designate the punishment however the offence may be described in those laws. United States v. McCarthy, 4 Ibid. 304. And see United States v. Larned, Ibid. 335.

(b) This and the 1st section of the act, so far as they relate to the offence of keeping a faro bank, or other common gaming table, are to be construed together; and when so construed, they contain a complete description of the offence, and its punishment. United States v. Smith, 4 Cr. C. C. 629. An indictment for keeping a faro table, must charge the offence either to be the keeping

of a common gaming table, or must positively charge it to be the keeping of a faro bank. United States v. Cooley, Ibid. 707. United States v. Milburn, Ibid. 719. Neither a single act of play at a gaming table called a sweat cloth, at the races, nor even a single day's use of it. is a keeping of a common gaming table, within this act. United States v. Smith, Ibid. 659.

(c) An indictment charging a second conviction of larceny, must aver that the conviction was by judgment, and recite the record of conviction. United States v. Thompson, 4 Cr. C. C. 565. (d) In an indictment under this section, it is not necessary to aver that the defendant was a "free person." United States v. Henning. 4 Cr. C. C. 645.

(e) This section does not apply to negroes kidnapped out of the d-trict, and brought within it. United States v. Ilenning, 4 Cr. C. C. 615.

3 July 1852 1. 10 Stat. 13.

Burning empty houses, &c.

31 August 1812. go to the informer, and the other half to the municipal corporation within whose corporate limits the offence shall have been committed, but if committed without the limits of any municipal corporation then such moiety of the fine shall go to the United States.(a) 81. If any person or persons shall maliciously, wilfully or fraudulently, and with intent to injure or defraud any other person or persons, or body politic or corporate, burn or set on fire with intent to burn, or attempt to set on fire or burn, any house or out-house, in the District of Columbia, whether the same be finished or in process of erection, though the said house or out-house shall not, at the time of such burning or setting on fire, or attempting to set on fire or burn, have any goods, tobacco, hay or grain therein, nor be adjoining to any dwelling-house, nor be occupied or used for any purpose whatever; he, she or they, on conviction thereof, shall be sentenced to suffer the same punishment and labor, as is provided in the said third section of the said act to which this is an amendment, for the offences therein enumerated.

27 Feb. 1801 2 11. 2 Stat. 107.

justices.

Term of office.

82. Persons now under sentence of death, or who shall hereafter be adjudged to suffer death, within the District of Columbia, shall be executed within the walls of some prison in the said district, or within a yard or enclosure adjoining such prison, and not elsewhere: and it shall be the duty of the marshal of the district, or one of his deputies, with such officers of the prison, constables and other peace-officers, as such marshal or deputy may deem necessary and proper, to attend at such execution.

83. The said marshal or his deputy shall invite the district attorney and the counsel of the prisoner, two or more physicians, and twelve respectable citizens, to be present at every such execution; and, at the request of the person to be executed, shall also allow any ministers of the gospel, not more than three in number, and any of his or her near relatives, to be present thereat; but no person or persons other than those in this act mentioned, and no person whatever under the age of twenty-one years, shall be allowed to witness any such execution.

X. JUSTICES OF THE PEACE.

84. There shall be appointed in and for each of the said counties, such number of discreet persons to be justices of the peace as the president of the United States shall from Appointment of time to time think expedient, to continue in office five years;(b) and such justices, having taken an oath for the faithful and impartial discharge of the duties of the office, shall, in Their powers and all matters civil and criminal, and in whatever relates to the conservation of the peace, have all the powers vested in, and shall perform all the duties required of, justices of the peace as individual magistrates, by the laws herein before continued in force in those parts of said district for which they shall have been respectively appointed; and they Civil jurisdiction. shall have cognisance (c) in personal demands (d) to the value of twenty dollars, exclu

duties.

Fees

1 March 1823

3 Stat. 743.

eularged.

sive of costs; which sum they shall not exceed, any law to the contrary notwithstanding: and they shall be entitled to receive for their services the fces allowed for like services by the laws herein before adopted and continued in the eastern part of said district.

1. 85. In all cases where the real debt and damages do not exceed the sum of fifty dollars, (e) exclusive of costs, it shall and may be lawful for any one justice of the peace, Civil jurisdiction of each respective county within the District of Columbia wherein the debtor doth reside, to try, hear and determine (g) the matter in controversy, between the creditor and debtor, their executors and administrators,(h) and upon full hearing of the allegations and evidences of both parties, to give judgment according to the laws existing in the said District of Columbia, and the equity and right of the matter, in the same manner and under the same rules and regulations, to all intents and purposes, as such justices of the peace are now authorized and empowered to do when the debt and damages do not exceed the su of twenty dollars, exclusive of costs: Provided nevertheless, That all justices of the peace of the said county shall be compelled, upon entering judgments upon cases within their jurisdiction, to enter the same in such manner as shall carry an interest thereon, from the date thereof, until the same shall be paid or satisfied: And provided further, That no

Judgments to carry interest.

(a) The 2d sect. of this act declares that the contract of sale for such lottery ticket or tickets, or share or interest in such lottery ticket or tickets shall be absolutely void, and the person or persons paying therefor shall have a right to recover back the money paid therefor, as money paid on a void consideration. 5 Stat. 578. (b) The president is authorized to make an original appoint ment of a justice of the peace. during the recess of the senate. 4 Opin. 174. By act 17 May 1848 215, the justices of the peace for the county of Washington, are to be appointed for three years; and upon indictment and conviction of incompetency, habitual drunkenness, corruption in office or any other wilful misconduct in the discharge of their duties as justices, their commissions to be void. 9 Stat. 229.

(c) It was the intention of the act that this jurisdiction should be exclusive. Rutter v. Merchant, 1 Cr. C. C. 36.

(d) Dotinue is an action in form ex contractu and not ex delicto; and is not on that ground to be excluded from the jurisdiction of

a justice. Mayradier v. Duff, 4 Cr. C. C. 4. They have no jurisdiction in tort. Cross v. Blanford, 2 Ibid. 677.

(e) A debt of $50, upon which interest is due, cannot be recor ered before a justice. Milburn v. Burton, 2 Cr. C. C. 639. And a creditor has no right to give a false credit upon a note so as to reduce it within the justice's jurisdiction. Cazenove v. Darrel, Ibid. 444. But if the creditor gives a credit, and the debtor does not object before the justice, his assent will be presumed. Maddox v. Stewart, Ibid. 523. The act does not alter the nature or character of the causes submitted to the jurisdiction of justices, but only the value of the matter in controversy. Ennis v. liǝk mead, 5 Ibid. 512.

(g) A certiorari will lie from the circuit court to a justice of the peace who is proceeding in a case in which he has no jurisdiction. Kennedy v. Gorman, 4 Cr. C. C. 347.

(h) Under this act, a justice has jurisdiction of suits against executors and administrators. Ennis e. Holmead, 5 Cr. C. C. 509. See contra Adams v. Kincaid, 2 Ibid. 422.

female, in any case whatever, and no male above the age of seventy years, shall be liable 1 March 1823. to be arrested or imprisoned for any debt authorized to be sued for and recovered by this act.(a)

Ibid. § 2.

86. In all cases where judgments shall be rendered by a justice of the peace, it shall be lawful for the defendant to supersede the said judgment, at any time within sixty days Stay of execution. from the rendition of the same, which supersedeas shall stay execution for six months thereafter and shall be taken by the justice who rendered the judgment, and no other: Provided Such justice is living in the county in which the said judgment was rendered, By whom taken. and acting in his judicial capacity; but if such justice shall not be so acting, then, and in that case, before any other justice of the peace for the aforesaid county, who may be legally acting in that capacity.

Ibid. 23.

87. The justices of the peace within the District of Columbia, be, and they are hereby directed, and it is hereby made their duty, to keep a docket, and therein to record, and Justices to keep make regular entries of their proceedings, in all cases in which they shall act in virtue a docket. To furnish copies. of their office; and they are hereby directed to furnish the plaintiffs and defendants, Other justices respectively, with a copy of any judgment by them rendered, when required, on which may issue execucopy any other justice of the peace of the county is hereby authorized to issue execution or fieri facias, in the same manner as executions are now issued by the clerk of the fore the justice circuit court of the District of Columbia,(6) which shall be returned within twenty days judgment. after being issued, to the justice who gave the judgment; and no judgment rendered Judgments not before a justice shall have the effect to create any lien upon real estate.

tion thereon. Returnable be

who gave the

liens.

Ibid. 24.

docket.

88. If any justice of the peace shall omit to keep a docket, as aforesaid, or be guilty of any other negligence or omission, by which the plaintiff (having obtained a judgment Liability for negbefore such justice) shall lose his or her debt, that then, and in that case, the said justice lect to keep a shall pay and satisfy to the said plaintiff the debt, interest and costs, lost as aforesaid, to be recovered by plaint, before any other justice of the peace, who shall, on proof of the fact, render judgment against such defaulting justice, together with any interest that may have accrued on the debt.

Ibid. 25.

or decease of

copies.

to

89. Each and every justice of the peace shall, and it is hereby made his duty, upon his resignation or removal from office, and it is also made the duty of his executors or In case of resigadministrators, upon the death of any such justice of the peace, forthwith to deliver to nation, removal the clerk of the circuit court of the District of Columbia, within the county in which justice, dockets said justice of the peace officiated, such docket or dockets as said justice of the peace, to be delivered t so resigning, removing or dying, shall or may have had; and it shall be the duty of the circuit court. clerk in whose possession said docket or dockets may be placed, to furnish copies of all Clerk to furnish such entries made in said docket or dockets, to persons applying therefor, and who may be entitled thereto, in the same manner, and to have the same effect, as if said copies had been furnished by the said justice, so resigning, removing or dying, as the case may be: and, in case of the death, resignation, removal from office, or other incapacity, of Penalty for negany person who may have acted as a justice of the peace as aforesaid, and neglect (on dockets. the part of himself, or executors or administrators, as the case may be), to transfer such docket or dockets, he or they shall forfeit to the United States the sum of five hundred dollars, to be recovered as other penalties due to the United States.

lect to deliver

have no origical

90. The judges of the circuit court of the District of Columbia shall not hold original Ibid. 26. plea in the said court of any debt or damage in cases within the jurisdiction given to Circuit court to justices of the peace by this act, which shall not exceed fifty dollars, exclusive of costs, cognisance of any law to the contrary notwithstanding: Provided nevertheless, That nothing in this act cases within the contained shall extend, or be construed to extend, to divest the circuit court of the Dis- jurisdiction of a justice. trict of Columbia from the power of holding plea of any debt or damages, where the same doth not exceed the sum of fifty dollars, or may be above the sum of twenty dollars where the writ or original process, issued for the recovery of the same, shall have been impetrated at any time before the first day of June next.

Ibid 7.

91. In all cases where the debt or demand doth exceed the sum of five dollars, (c) and either plaintiff or defendant shall think him or herself aggrieved by the judgment of any Appeals to the justice of the peace, (d) he or she shall be at liberty to appeal to the next circuit court to circuit court. be held in the county in which the said judgment shall have been rendered, before the judges thereof; who are hereby, upon the petition of the appellant, in a summary way, Proceedings (a empowered and directed to hear the allegations and proofs of both parties, and determine appeal.

(a) A woman, against whom a justice has issued a warrant for a small debt, and who is notified by the officer to appear before the justice at a certain time and place named in the warrant, is bound to appear and answer; and if she does not, the justice may proceed ex parte, and render judgment against her by default. O'Neil v. Hogan, 2 Cr. C. C. 524.

(b) Whatever execution the clerk could issue, the justice may issue. Maynadier v. Duff, 4 Cr. C. C. 10.

(c) No appeal lies from the judgment of a justice. unless the debt or demand exceed the sum of five dollars.

Thornton v.

Corporation of Washington, 3 Cr. C. C. 212. Owner v. Corporation of Washington, 5 Ibid. 381.

(d) No appeal lies in a case which has been tried by a jury before the justice. Davidson v. Burr, 2 Cr. C. C. 515. Maddox v. Stewart, Ibid. 523. Smith v. Chase, 3 Ibid. 348. Unless he had no jurisdiction of the cause of action. Murray v. Beck, 2 Ibid. 677. If, however, the defendant does, in fact, appeal, and give an appeal bond, the plaintiff may maintain an action upon that hond. Chase v. Smith, 4 Ibid. 90.