1835.

LAWS OF MARYLAND

second term thereafter; Provided, such appeal be taken

CHAP. 201.

Within 60 days

within sixty days after the rendition of such judgment,

but no such appeal shall operate as a stay of execution

or supersedeas of any judgment, unless upon bond and

Appeal bond required

security being given and approved by any one of the

said District Justices in the same manner and form as

heretofore used and practised in cases of appeal from

judgment of a single Justice of the Peace, and the.

the judges of the said county court shall hear

and determine the same as heretofore used and prac-

tised in cases of appeal from the judgment of a single

Justice of the Peace, and all such cases of appeal shall

Appeal cases tried

de novi

be tried by the said county court de novo, and each

party shall have a right to a trial by jury, and it shall

be the duty of the District Justices, in all cases of ap-

Papers transmitted

peal as aforesaid, to transmit all the papers snd pro-

ceedings relative to the case, to the clerk of the county

court, on or before the first day of the term of said

Penalty for neglect

county court next ensuing, under a penalty of twenty

dollars for every neglect or refusal so to do, which

sum shall be collected in the same manner as fines and

forfeitures are now collected, and paid over to the ap-

pellant.

fcounty court— jurisdiction restrict-

SEC. 4. And be it enacted, That the judges of the

ed

several county courts within this State, shall not hold

Case of suit there-

plea in the said courts of any case within the jurisdic-

in.

tion given to the said District courts by this act, and

if any plaintiif brings such action in the county court,

Plea allowed

and the verdict of the jury is for a sum not exceeding

the sum herein before limited and prescribed for the

extent of the jurisdiction of the said District Court, in

Judgment directed

the several actions herein respectively specified, judg-

ment shall in such case be given for the defendant^

with costs, and if any person sue another before a Dis-

trict Court out of the election district, wherein such

Non residence

defendant resides, provided he resides in the State of

Maryland, the person so sued may plead his non resi-

dence in the district wherein he is so sued, in a sum-

mary way, before the said District Court where he is

sued, and such court on proof of the plea shall give

Proviso

judgment for such defendant with costs, Provided, ne-

vertheless, that siich defendant shall in such case of a