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278
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LAWS OF MARYLAND.— 1791.
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By 1824, ch. 138, jurisdiction extended over all trespasses, qua re clau-
sum fregit, where the damages doth not exceed $50.
1825, ch, 51, further enlarges their jurisdiction over all trespasses com-
mitted upon real or personal property where the damages do not exceed $50.
By 1834, ch. 296, jurisdiction is extended to all cases where the debts or
damage laid or obtained doth not exceed the sum of $50, except in cases of
slander, assault and battery, or where the title to land may come in question.
By 1825, ch. 158, may enter up judgment against either plaintiff or
defendant, for such sum as may appear just and right, with costs.
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And may
allow a
future day,
&c.
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SEC. 2. And, whereas frequently witnesses may be wanting,
or the parties not prepared to make good their allegations
immediately on the appearance of a defendant, so that a further
time may be necessary to examine into the matter of contro-
versy, Be it enacted. That when any defendant shall be
brought on warrant before any justice of the peace, such
justice may, if he in his discretion shall think fit, give and
allow to such defendant a future certain day, not exceeding
fourteen days, to appear before such justice, or any other jus-
tice of the same county, at a certain place to be appointed, to
answer unto such warrant, such defendant giving good and
sufficient security, if such justice shall award it necessary, by
way of recognizance, in the nature of bail, for the defendant's
appearance at the time and place appointed, and paying what
he shall be condemned in on the said warrant, or surrendering
his person to prison in satisfaction thereof, or in default of the
defendant's giving such security, to commit such defendant to
the constable, to be delivered over to the sheriff's custody till
he gives such bail; and if the defendant shall not appear at the
time and place appointed, judgment may be rendered against
him on such default, or on an ex parle hearing, if the justice
does not see cause to the contrary; and if judgment shall be
in any mariner rendered against the principal debtor, and he
does not pay such condemnation, or render himself on execu-
tion, to be issued returnable at the end of forty days from the
issuing thereof, a warrant shall and may be issued, and reco-
very and execution had, against such bail, in the same manner
as against principal debtors, saving to such bail all manner of
defence that special bail in courts of law are entitled to on the
return of the first or second scire facias, and the liberty of deli-
vering up the principal debtor, on return of such warrant, on
payment of costs on the same warrant.
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Constable
to give
notice, &c.
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SEC. 3. And be it enacted, That the constable shall give
notice to the plaintiff, or his agent, where either of them lives
in the same hundred, of the time and place he intends to carry
the defendant before a justice; and, in case neither the plaintiff,
having notice as aforesaid, nor any person for him, nor the
plaintiff, nor any person for him, when such plaintiff lives out
of the said hundred, and hath not appointed any agent in that
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