1831

LAWS OF MARYLAND

CHAP. 319

to be adduced therein as it was or might hare been compe-

Court may

tent to such justices to have proceeded therewith; and the

county court shall have the same power as such just-

ices as to the summoning and enforcing the attendance of

Proviso.

jurors and rendition of judgments in such case; Provided

however, that such cases may be tried by a jury from the

jurors summoned for the trial of causes at the term of such

court.

Trial at first term

Sec. 10. And be it enacted, That every case of such cer-

tiorari shall be finally determined and proceeded with at

the first term, to which such case shall be removed to the

said county court; unless for cause shown upon affidavit, the

court shall otherwise order.

Appeal not to stay

Sec 11. And be it enacted, That no certiorari as afore-

execution without
bond.

said, shall operate as a stay to restitution of possession, or

of any execution of, or under the judgment of the justices

of the peace, unless the tenant, his executors or administra-

Bond required.

tors, shall enter into bond with surety in form and manner,

and under the regulations prescribed in cases of appeals,

from judgments rendered by justices of the peace with con-

To be approved.
May be sued.

dition to prosecute the certiorari with effect, and to answer

to the landlord, his executors and administrators, all costs

and damages mentioned in the judgment, and such as shall

be further incurred and sustained by reason of the proceed-

ing of said certiorari, and of the delay thence arising; and in

all other cases of certiorari upon proceedings as aforesaid,

under the act to which this is a snpplernent, no such certio-

rari shall be granted, unless a bond with surety be entered

into as aforesaid, and approved by the county court or a

judge thereof, with condition to prosecute said certiorari

with effect, and answer all costs and damages incurred by

reason of the proceeding in said certiorari, and of the de-

lay aforesaid; and such bonds may be recovered be-

fore any justice of the peace, as small debts may be recov-

ered before justices of the peace.

Limited to Balti-

Sec. 12. And be it enacted, That the provisions of this

more city

act shall extend only to the city of Baltimore.

CHAPTER 319.

Pawed Mar.12, 1832

An act relating to Appeals and Writs of Error, on Judg-

ments of the County Courts of Baltimore, Frederick and

Washington.

All the exception

taken shall be

certified to the

Section 1. Be it enacted by the General Assembly of Ma-

court of appeals.

land, That from and after the first day of May next, in all

cases in the county courts hereinafter mentioned of this