1410

BALTIMORE CITY.

said person shall, before the time of such distress or sale of

goods distrained therefor, go before a justice of the peace within

the city, and with one good security resident of the city, and

satisfactory to the justice, and shall confess judgment to the

mayor and city council of Baltimore, in double the sum de-

manded, with a condition annexed to the certificate of the con-

fession of judgment, that it the said mayor and city council

shall recover judgment in Baltimore county court, on the said

confession, upon the real merits of the demand, then the said

court shall enter judgment in favour of the said mayor and city

council, against the parties who confessed judgment, for the

amount of the tax, due, or imposition, with interest thereon and

costs ; and if a decision shall be made against the mayor and

city council, they shall pay costs; and the cause shall stand

for trial at the term next succeeding the day when the cer-

tificate aforesaid shall be filed with the clerk of said court,

who shall forthwith docket the cause in the name of the mayor

and city council of Baltimore against the said parties. And

the said persons, so confessing judgment before the justice,

shall at the same time execute a warrant of attorney, authoriz-

ing some attorney to appear for them in the said court. And it

shall be the duty of the said justice to return the certificate of

the judgment confessed and warrant of attorney, within five

days, to the clerk of the said court, and on producing a receipt

therefor from him, the register of the city shall pay him fifty

cents. And the county court, on the application of the said

mayor and city council, or of the party who may so have con-

fessed judgment as aforesaid, shall frame an issue for trying the

said question. And in the event of an appeal to the court of

appeals, such cause shall stand for argument at the first term,

to which such appeal shall be prosecuted.

In a compilation of laws, relating to the City of Baltimore, compiled by

the authority of the corporation, this section is noted as being repealed by

1621, ch. 252, sec. 4 and 8.

City court

SEC. 6. And be it enacted, That all appeals from the decision

to have ju-
risdiction in

of justices of the peace, upon warrants for the recovery of fines,

cases of

penalties and forfeitures under the ordinances of this city, shall

fines due to
the city.

be carried to, and be prosecuted before Baltimore city court,

where such appeals shall be heard and decided at the session of

the court next succeeding the allowance of such appeals, unless

the court should be then in session, in which case appeals shall

be heard and decided at that session, except that the court may

in their discretion grant a continuance of such appeals. And

if the fine, penalty or forfeiture exceeds the sum over which

justices have jurisdiction, the same shall be sued for, and reco-

Cases to be
tried at first

vered in Baltimore city court, instead of Baltimore county court

term.

as heretofore ; and all such cases shall stand for trial at the first