THOMAS W. VEAZEY, ESQUIRE, GOVERNOR.

1835.

not exceed the sum of one hundred dollars, and under

CHAP. .201

like and similar restrictions and limitations, except so

far as the same may be inconsistent with the provisions

of this act; and shall have and exercise original juris-

diction in alt cases of debt or contract, expressed or

implied, where the debt or damages do not exceed one

hundred dollars; in all actions of replevin, where the

Cases of replevin

value of the property in dispute when appraised on the

service of the writ of replevin as hereinafter provided,

does not exceed one hundred dollars, in which actions

of replevin the court may, beside adjudging a return

of the property, award damages as in a county court

may be recovered in case of replevin; in all actions of

trespass, except where the title to land is in any man-

Cases of trespass

ner involved and the persons against whom a complaint

is made under this act before the said district court,

shall appear on the return day of the warrant and al-

ledge that he or she is entitled to the property on

which the trespass is charged to have been committed

or that he or she acted under a person, named by him

or her, claiming title to the same, and shall verify the

allegation by oath or affirmation, where the damages

claimed, do not exceed one hundred dollars; in all ac-

Actions of trover

tions of trover, where the damages claimed do not ex-

ceed one hundred dollars; in all actions of assault and

Of assault and bat-tery

battery, where the damages claimed do not exceed one

hundred dollars; Provided, the; defendant, at the time of

the suit or action being brought, resides within the dis-

trict, or does not reside in the State; and it shall he

the duty of the said district justices in all cases in which

jurisdiction is herein given to them, to try, hear and

Duty to try and

determine the matter in controversy, and upon full

determine

hearing of the allegations, evidence, and witnesses of

both parties, to give judgment thereon according to

the laws of the land and equity and right of the matter.

SEC. 3. And be it enacted, That in all case whatso-

Right of appeal

ever within the jurisdiction or cognizance of the said

District Court, whenever either party shall think him-

self aggrieved by the judgment thereof, he shall be at

liberty to appeal to the next county court, in case the

said judgment shall be rendered within ten days before

the next sitting of the said county court, to the next or