LAWS OF MARYLAND.— 1791.

279

business, with or without notice, shall appear on the return of
the warrant, or shall make default in not appearing at the time
and place appointed, when there shall be an appointment, by
the justice, of a future day for an hearing, the justice before
whom any defendant shall be brought on a warrant as aforesaid,
or before whom he shall appear on an appointment as aforesaid,
may, in his discretion, hear and determine the matter of contro-
versy, ex parte.

SEC. 4. And be it enacted, That in all cases where the debt
or demand doth exceed twenty shillings common money, or
one hundred pounds of tobacco, and either plaintiff or defen-
dant shall think him or herself aggrieved by the judgment of
any magistrate, he or she shall be at liberty to appeal to the
next county court, before the justices thereof, who are hereby,
upon the petition of the appellant, in a summary way, empow-
ered and directed to hear the allegations and proofs of both
parties, and determine iipon the same according to the law of
the land, and the equity and right of the matter, the same
court in which the said petition shall be exhibited, without any
further continuance or delay, unless it shall appear to the satis-
faction of the said court, that further time ought to be given to
the party applying for the same, to enable the said court to
determine the cause according to the law of the land, and the
equity and right of the matter, either of the said parties may
demand a trial by jury, or leave the cause to be determined by
the court, at their election.
By 1818, ch. 136, appeals shall not be dismissed, because the same were
not prosecuted to the next court, unless the court shall be satisfied that the
appellant had notice of the judgment, at least ten days before the sitting of
the court.
By 1831, ch. 290, appeals may be prosecuted sixty days after judgment.

Persons
aggrieved
may appeal,
&c.

By 1823, ch. 172, appeals not to be reversed for want of form.
SEC. 5. And be it enacted, That no execution upon judg-
ment to be rendered by any justice shall be stayed or delayed,
or any supersedeas upon such judgment granted upon any
appeal, unless the person appealing, or some other on his or her
behalf, shall, immediately upon making such appeal, enter into
bond, with sufficient sureties, such as the justice by whom
judgment shall be given shall approve of, in double the sum
recovered, with condition, 'that if the party appealing shall not
prosecute his appeal at the next county court with effect, ac-
cording to the directions of the act, entitled, an act for the
speedy recovery of small debts out of court, and to repeal the
acts of assembly therein mentioned, and also pay and satisfy
the party in whose behalf the judgment of the justice shall be
given, his executors, administrators or assigns, in case the said
judgment shall be affirmed, as well the debt, damage and cost,

No execu-
tion to be
stayed, &c.