356 JUSTICES OF THE PEACE. [ART. 51.

18. The process to be issued by justices of the peace in civil
cases shall be a summons, wherein shall be stated briefly the
purpose for which the party is summoned, and made returnable
before the justice issuing the same, or before some other justice
to be named therein, on a day to be stated in said summons, not
exceeding forty days from the time of issuing the same.

19. If the summons shall be returned "summoned," and the
defendant shall fail to appear on the return day thereof, then the
justice shall fix a day of trial not less than six nor more than
fourteen days from the return day, and proceed to try such case
ex parte, the defendant to have the right to appear at any time
before judgment and make any defence he may have, as if he had
appeared at the return day of the summons.

20. Where there is more than one defendant, and some shall
appear, and some who have been summoned shall fail to appear,
the justice shall proceed to try the cause as if all had appeared.

21. A justice of the peace shall issue summonses for witnesses
at the instance of either party, and shall compel the attendance
of such witnesses by attachment.

22. If the witness shall fail to appear on the return day of the
summons, the justice shall issue an attachment of contempt made
returnable before the justice issuing the same, who may, at his
discretion, fine such defaulting witness in any sum not exceeding
three dollars; and shall issue execution for such fine and costs,
and the same shall be collected and paid to the justice, who shall,
on or before the first day of January annually, pay the same to
the clerk of the Circuit Court for the county, or the clerk of the
Superior Court of Baltimore city.

23. If either party, on the day of trial, shall ask a postpone-
ment, the justice shall postpone the trial to another day, not
exceeding fourteen days, if the justice shall be satisfied by the
oath of the party or otherwise, that a postponement is necessary
to a fair trial of the case.

24. If either party shall fail to appear on the day to which a
case is postponed, the justice may proceed to try the case ex parte.

25. No special pleading shall be required in any action before
a justice of the peace.