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Maryland Manual, 1896
Volume 108, Page 127   View pdf image (33K)
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MARYLAND MANUAL. 127

county; the limit of the jurisdiction is to try cases where the
damage does not exceed $100; shall try no cases involving title
to land; no administrator may be sued before justices of the
peace within twelve months of grant of letters, and papers shall
be transmitted to Circuit Court, on plea of not sufficient assets;
justices are required to keep docket, and enter proceedings
therein; shall furnish copy of judgment to parties when-
ever required, and if failure should cause loss of debt,
justice shall pay such debt; he shall keep full index; deliver
papers and docket to clerk, on vacation of office; process
shall be a summons, and may be issued by one justice on
the docket of another; no blank summons shall be issued;
should defendant summoned not be present by return day, the
justice shall fix a day for trial, not more than fourteen days, nor
less than six days, from return day; and where a part only of
defendants appear, who were summoned, the case shall proceed
as if all were present; a justice may summon witnesses, and
attach for disobedience, but must not postpone trial more than
fourteen days; cases may be tried exparte, and no special plead-
ing required; he shall enter all judgments within three days,
bearing interest from date; judgments are valid if confessed
before one justice, even though writ returnable to another; judg-
ment by confession may be entered without summons; costs of
peace warrants proceedings shall be paid by parties, and in no
case charged against the counties; justices judgments may be
made liens upon land and leasehold interests of over five years
duration by filing certified copy with clerk of court; he may
issue attachments against non-resident or absconding debtors;
may try action of replevin under proceedings similar to those
practiced in court; they have the power to revive judgments by
writs of scire facias within twelve years; justices of the peace
in the counties may issue supersedeas upon any judgment; super-
sedeas shall be a confession of judgment by the judgment
creditor; the defendant, with two other approved persons, may
stay execution for six months; administrators may stay judgment
by supersedeas, but in so doing make themselves personally
liable; supersedeas need not follow the form prescribed, but sub-
stantially only; judgment may be superseded by any justice in
the county, provided the justice who rendered judgment is dead
or out of office; a justice may take one person as security, on a
supersedeas on a judgment of a justice of the peace; a justice
may enter a supersedeas short in his docket; if an execution
shall be issued previously to the supersedeas, it may be stayed
after such supersedeas upon payment of costs upon execution;
no execution or scire facias can be taken on the security of a
supersedeas of a judgment taken by a justice after four years;
a confession of judgment by supersedeas shall be a lien on real

 

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Maryland Manual, 1896
Volume 108, Page 127   View pdf image (33K)
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