LAWS OF MARYLAND.— 1835

1199

Magistrates are not to have jurisdiction over an assault with intent to
commit a rape, by 1835, ch. 397.

SEC. 3. And be it enacted, That in all cases whatsoever within
the jurisdiction or cognizance of the said district court, when-
ever either party shall think himself 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
second term thereafter ; Provided, such appeal be taken within

Right of
appeal.

sixty days after the rendition of such judgment, but no such
appeal shall operate as a stay of execution or supersedeas of

Within 60
days.

any judgment, unless upon bond and security being given
and approved by any one of the said district justices in the
same manner and form as heretofore used and practised in cases
of appeal from judgment of a single justice of the peace, and
the judges of the said county court shall hear and determine
the same as heretofore used and practised in cases of appeal
from the judgment of a single justice of the peace, and all such

Appeal
bond
required.

cases of appeal shall be tried by the said county court de novo,
and each party shall have a right to a trial by jury, and it shall
be the duty of the district justices, in all cases of appeal as

Appeal
cases tried
de novo.

aforesaid, to transmit all the papers and proceedings relative to
the case, to the clerk of the county court, on or before the first
day of the term of said county court next ensuing, under a

Papers
transmitted.

penalty of twenty dollars for every neglect or refusal so to do,
which sum shall be collected in the same manner as fines and
forfeitures are now collected, and paid over to the appellant.
By 1836, ch. 305, in all cases tried before a single justice, either party
may appeal to the magistrates' court.

Penalty for
neglect.

SEC. 4. And be it enacted, That the judges of the several
county courts within this state, shall not hold plea in the said
courts, of any case within the jurisdiction given to the said dis-
trict courts by this act, and if any plaintiff brings such action
in the county court, and the verdict of the jury is for a sum not
exceeding the sum herein before limited and prescribed for the
extent of the jurisdiction of the said district court, in the seve-

Connty
court; ju-
risdiction
restricted.
Case of suit
therein.
Plea
allowed.

ral actions herein respectively specified, judgment shall in such
case be given for the defendant, with costs, and if any person
sue another before a district court, out of the election district
wherein such defendant resides, provided he resides in the state

Judgment
directed.

of Maryland, the person so sued may plead his non-residence in
the district wherein he is so sued, in a summary way, before
the said district court where he is sued, and such court on proof
of the plea, shall give judgment for such defendant, with costs;

Non-
residence.

Provided nevertheless, that such defendant shall, in such case
of a verdict in the county court, deduct the amount of such
verdict from the amount of his costs, if his costs exceed the

Proviso.