1200

LAWS OF MARYLAND.— 1835.

amount of the verdict, and the balance only shall be paid by
the plaintiff to him, but if the amount of the verdict exceeds
the amount of the defendant's costs, the plaintiff shall deduct
such defendant's costs therefrom, and the balance only, shall be
the sum due from the defendant to the plaintiff, and such plain-
tiff may afterwards warrant or sue such defendant according to
the amount so remaining due, as for any other debt or damages,
before a single justice of the peace, or the district court, as the
case may be, and a short copy of such verdict, together with a
bill of costs, as taxed by the clerk of the county court, shall be
sufficient evidence of such balance due.

Case of ac-
count in bar

SEC. 5. And be it enacted, That no plaintiff bringing an
action in the county court, shall be non-suited or have judg-
ment against him, or pay costs, although the debt or sum of
money recovered doth not exceed one hundred dollars, current
money, where such debt or sum of money recovered has been
reduced below the jurisdiction of the said county court, by
reason of an account in bar, or set off of a debt or damages due
from the plaintiff to the defendant, and not by payments in
money.

Chief judge;
priority.

SEC. 6. And be it enacted, That the district justice first
named in the commission for each election district, shall be
chief justice of the district court in and for his respective dis-
trict, and the others in gradation according to the priority of
nomination, and that any two of the said justices, in the ab-

Two jus-
tices con-
stitute a
court.

Powers out
of court to
issue
process.

sence of the other, shall be capable of holding a court, and
exercising all the power and jurisdiction thereof, in as full and
ample a manner as if all three were present, and any one of the
said district justices, upon application made to him out of court,
shall have power and authority to issue process by capias ad
respondendum, summons, or attachment, for compelling the ap-
pearance and attendance of parties, or witnesses, respectively,
in the said district court, to answer any suit, or to testify, which
shall be made returnable before the said district court, at such
days and times as the nature of the case and the ends of justice

Form.

shall require, in the same manner and form as now legally used
and practised by a single justice of the peace, in cases of which
such single justice of the peace hath cognizance, or varied in
such other manner and form as may substantially suit the action,
plea, or purposes, and so as to bring all cases herein declared to
be within the jurisdiction of the said district court, to trial and
judgment ; and if during any actual sitting of the said district
court, it shall become necessary, or be required by either party,

Summoning
witnesses
during
court.

to summon any witness in a case then pending and on trial be-
fore the said district court, it shall be the duty of the chief jus-
tice, or in his absence, of the presiding justice, forthwith, to
issue a summons for such witness, and if on the return of any