Decl. Rights, art. 37. Art. 51, s. 1. 1852, c. 172; 1854, c. 18. When and hefore whom to qualify. Id. s. 2. 1814, c. 82, s. 3. Penalty for acting before qualification. Id. s. 3. 1814, c. 82, s. 4. Penalty for accepting office under the United States. Const. art. 4, s. 42. Id. s. 4. 1852, C. 274, Number in new election dis tricts or wards. JUSTICES OF THE PEACE. 1. Every justice of the peace shall, within thirty days after his commission shall have been received in the clerk's office of the county or city, take and subscribe the oaths and make the declaration of the belief in the existence of God, prescribed by the Constitution; and upon his failure to do so, his office shall be deemed vacant. 2. No person commissioned as justice of the peace shall act as such before he has taken the oaths and made the declaration required by law; and every person violating this section shall, for each offence, forfeit and pay the sum of forty dollars. 3. If any justice of the peace, having qualified as such, shall accept of any office under the government of the United States, and shall still act as justice of the peace, he shall forfeit and pay for every such offence the sum of forty dollars. 4. For each new election district that may be formed and estab lished in the several counties, and for each additional ward that may be created in the city of Baltimore, there shall be appointed as prescribed by the Constitution, two justices of the peace, unless a different number be specially provided by law. Art. 51, s. 5. 1791, c. 68, s. 1. Justice of county where defendant re CIVIL JURISDICTION. 5. Any justice of the peace of the county where the defendant resides may, if the case be within his jurisdiction, try, hear, and determine the matter in controversy between the plaintiff and desides may hear fendant, upon full hearing of the allegations and evidence of both parties, and shall give judgment according to the laws of the land, and the equity and right of the matter. and determine matter in con troversy. 32 Md. 56. Id. s. 13. 1852, c. 239, s. 1. Civil jurisdic tion. 24 Md. 556; 26 6. The civil jurisdiction of justices of the peace extends to all cases for the enforcement of contracts, and to obtain redress for wrongs where the debt or damages claimed shall not exceed one Md. 552; 39 Md. hundred dollars; to all suits on bonds with penalty exceeding one 200, 236, 239; 43 hundred dollars, where the sum due and claimed does not exceed one hundred dollars; to actions of replevin, where the value of the 309; 41 Md. 194, Md. 64. 1 Gill. 32. thing in controversy does not exceed one hundred dollars, and which value shall be ascertained by appraisers summoned and sworn by the sheriff or other officer to whom the writ of replevin is directed; and to all cases of attachment against non-resident or absconding debtors, where the sum claimed does not exceed one hundred dollars. Id. s. 14. 1813, c. 162; In what cases 1852, c. 239, s. 1. 7. But no justice of the peace shall have any jurisdiction in actions where the title to lands is involved, nor in actions for slander, for breach of promise to marry, or to enforce any lien for work or 41 Md. 196, 200; materials furnished. no jurisdiction. 43 Md. 64; 46 Md. 183. Id. s. 33. 1813, c. 162, ss. 1-5; 1824, c. 138, s. 6; 1825, c. 51, s. 1. In suit for 8. If the defendant, in an action before a justice of the peace for cutting, destroying, or carrying away timber or wood to or from any land in this State, or for doing any other injury to such lands, shall allege in writing that he claims title to said lands, or that he acted under a person claiming title to the same, whom he shall name in such allegation, and shall verify said allegation by oath, the justice ate. shall take no further cognizance of the case. trespass, if defendant claims title, suit to 41 Md. 196; 46 Md. 184. 1852, c. 239, s. 4. 9. In all cases where the amount claimed, or the thing in action, Id. s. 16. exceeds the sum or value of fifty dollars, and justices of the peace when Circuit have jurisdiction, the several Circuit Courts for the counties shall Courts to have have concurrent jurisdiction with justices of the peace. concurrent jurisdiction. 1819, c. 167, s. 1. 10. The jurisdiction of justices of the peace extends to cases Id. s. 31. where administrators are parties, plaintiffs, or defendants, except where administrators parties. that no administrator shall be sued before a justice within twelve 4 H. & J. 448. months from the date of his letters. 11. If any administrator shall allege in writing, and verify the same by oath, that he has no assets in his hands, or that he has reasonable cause to believe the assets will not be sufficient to pay the debts of the decedent, then the justice of the peace shall transmit the proceedings in relation thereto to the next Circuit Court for the county, or the Baltimore City Court, and suclr court shall hear and decide the case. PROCEEDINGS BEFORE JUSTICES OF THE PEACE. Ia. s. 32. 1819, c. 167, s. 2. where adminis trator alleges no assets, etc. 1791, c. 68, s. 1852, c. 76, s. 3. civil cases. Process in 12. The process to be issued by justices of the peace, in civil Art. 51, s. 18. cases, shall be a summons, wherein shall be stated, briefly, the pur- 1841, C. 139; pose for which the party is summoned, and made returnable before the justice issuing the same, or before some other justice, to be named therein, on a day to be stated in said summons, not exceeding forty days from the time of issuing the same. 13. If the summons shall be returned "summoned," and the defendant shall fail to appear on the return day thereof, then the justice shall fix a day of trial, not less than six nor more than fourteen days from the return day, and proceed to try such case, ex parte, the defendant to have the right to appear at any time before judgment, and make any defence he may have, as if he had appeared at the return day of the summons. Id. s. 19. ; 1852, c. 76, s. 3. Proceeding where defendant summoned, fails to appear. Id. s. 20. 1852, c. 76, s. 4. Where more than one defendant. Id. s. 21. 1791, c. 68, s. 8. Attendance of witnesses, how compelled. Id. s. 22. 1801, c. 42, ss. 1, 2. Defaulting witness liable to fine. Id. s. 23. 1791, c. 68, s. 2. When cause to be postponed. 45 Md. 413. Time. Id. s. 24. 1791, c. 68, s. 2. Either party failing to appear on day fixed. 45 Md. 413. Id. s. 25. 1852, c. 239, s. 2. 1853, c. 201, s. 2. When judg 14. Where there is more than one defendant, and some shall appear, and some who have been summoned shall fail to appear, the justice shall proceed to try the cause as if all had appeared. 15. A justice of the peace shall issue summonses for witnesses, at the instance of either party, and shall compel the attendance of such witness by attachment. 16. If a witness shall fail to appear on the return day of the summons, the justice shall issue an attachment of contempt, made returnable before the justice issuing the same, who may, at his discretion, fine such defaulting witness in any sum not exceeding three dollars; and shall issue execution for such fine and costs, and the same shall be collected and paid to the justice, who shall, on or before the first day of January, annually, pay the same to the clerk of the Circuit Court of the county, or the clerk of the Superior Court of Baltimore City. 17. If either party, on the day of trial, shall ask a postponement, the justice shall postpone the trial to another day, not exceeding fourteen days, if the justice shall be satisfied by the oath of the party, or otherwise, that a postponement is necessary to a fair trial of the case. 18. If either party shall fail to appear on the day to which a case is postponed, the justice may proceed to try the case ex parte. 19. No special pleading shall be required in any action before a justice of the peace. 20. Justices of the peace shall enter up judgment in all cases ment to be en- brought or tried before them within three days after a final hearing of the case. tered up. 8 Md. 40. Id. s. 27. 1809, c. 153, s. 5. Judgment to carry interest from date. Id. s. 28. 1843, c. 362, s. 2. returnable before any 21. All judgments for the payment of money entered by a justice of the peace, shall be so entered as to carry interest thereon from the date thereof. 22. If the parties appear before the justice on the return day of When summons the summons, and the justice enters judgment, either by confession of the party or after hearing and trying the case, such judgment shall be valid, although the summons may be made returnable before any or some justice of the peace, without naming specifically which justice. justice. Id. s. 29. 1843, c. 362, s. 3. Judgment by confession. Id. s. 30. 1825, c. 158. Cases for debt. 23. A justice of the peace may enter a confession of judgment by a defendant, without any summons having been issued, and such judgment shall be valid. 24. In all cases for debt, tried before a justice of the peace, he may enter judgment against either plaintiff or defendant for such sum as to him may appear just and right, with such costs as may have accrued in the case; which judgment, if in favor of the defendant, shall be of equal effect as a judgment in favor of the plaintiff, and may be enforced in the same inanner. REPLEVIN. 1852, c. 259, s. 2. 25. In all actions of replevin, the proceedings before justices of Art. 51, s. 15. the peace shall be similar to those in the several Circuit Courts of Proceedings. this State. 1835, c. 201, s. 13; 1856, c. 112, ss. replevin. Bond. 26. Before issuing a replevin, the justice shall require and take Id. s. 36. from the party demanding such writ, a bond to the party holding 1852, c. 239, s. 2; the property, with one or more securities, whom the said justice shall, 13-25. in his conscience, believe to be worth double the value of the specific Proceeding to article of property intended to be replevied; with condition that if the above bound — - do and shall well and truly prosecute the said writ of replevin with effect, and also, shall and will return the goods. and chattels aforesaid, if the same be adjudged, and in all things abide by and perform the judgment of the said justice, or of such other justice of the peace in and for the said county as shall decide in the premises, then the said obligation to be void, else to be and remain. in full force and virtue in law. 27. The plaintiff suing out a replevin, or any other person on his behalf, may give the bond required by the preceding section, but the securities, in all cases, ought to be ample. 28. If the summons in replevin shall be returned served, and the defendant shall fail to appear, the justice shall fix a day of trial, not less than six nor more than fourteen days from the return day, and shall proceed to try such replevin ex parte on the day so fixed if the defendant does not appear; or if the summons is returned non est, the justice shall renew the same, returnable not less than ten days from the issuing thereof, and if such renewed summons be returned non est, the justice shall proceed as if the defendant had been returned summoned and had failed to appear. PROCESS. 29. Any justice of the peace may issue an execution or any other process on any judgment rendered by a justice of the peace of his county, or any supersedeas taken on such judgment, after the stay expires, either on the original judgment or on a copy thereof from the docket of another justice. Id. s. 37. 1835, c. 201, s. 13. such bond. Id. s. 38. 1852, c. 76, s. 3; Proceeding in defendant fails to appear. Art. 51, s. 59. 1501, c. 62, s. 2. Any justice may issue process on judg ment of another justice of his county. Id. s. 60. May issue at- tion. 1831, c. 271; 30. Any justice of the peace may issue an attachment by way of execution in any case where he is authorized to issue a fieri facias. 31. Any justice may issue execution or any other process on a Id s. 61. short copy of a judgment rendered by a justice of any other county 1845, c. 222, s. 1. or city in this State; provided, said short copy be certified by the May issue proclerk of the Circuit Court where the judgment was rendered, under copy of judgthe seal of his office; and if such judgment was rendered in the by a justice of city of Baltimore, the same be certified as aforesaid by the clerk of county. the Superior Court. cess on short ment rendered any other How certified. 1845, c. 379, s. 8. 32. If any justice of the peace shall die, or shall cease to act as Id. s. 62. such from any other cause, any justice of the peace in the same when justice county shall have the same power to receive returns of writs or pro- who to receive cess, to issue any writ or process, and to do all other acts in relation returns. ceases to act, |