ART. 52] PROCESS AND PRACTICE. 1289

Process and Practice.

1904, art. 52, sec. 20. 1888, art. 52, sec. 19. 1860, art. 51, sec. 17. 1818, ch. 106, sec. 2.

22. No justice of the peace shall grant any blank summons or
execution to any constable or party; and any justice so granting a
blank summons or execution shall, on conviction, be fined not less than
one hundred dollars and not exceeding four hundred dollars.

Ibid. sec. 21. 1888, art 52, sec. 20. 1860, art. 51, sec. 18. 1791, ch. 68, sec. 6.
1841, ch. 139. 1852, ch. 76, see. 3.

23. 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 shall be 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.

Where there is no summons, the justice is without jurisdiction, and his
Judgment is a nullity. Fahey v. Mottu, 67 Md. 253.

Ibid. sec. 22. 1888, art. 52, sec. 21. 1860, art. 51, sec. 19. 1852, ch. 76, sec. 3.

24. If the summons shall be returned "summoned" and the defend-
ant 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 on such day proceed to try such case ex parte; the
defendant to have the right to appear at any time before judgment and
make any defense he may have as if he had appeared at the return day
of the summons.

That a Justice had Jurisdiction must affirmatively appear on the face of
the proceedings. Fahey v. Mottu, 67 Md. 254.

Where the defendant has been summoned (In a proper case), the justice
has Jurisdiction which can not be ousted by a subsequent failure to comply
with the law. Mottu v. Fahey, 78 Md. 393.

This section contemplates and requires a trial, and though the trial Is
ex parte. the plaintiff must prove his claim. Wagner v. Shank, 59 Md. 321.
This section has no application to attachments. Weed v. Lewis, 80 Md.
128. (See sec. 43, et seq.)

See sec. 33, and (as to replevin), sec. 53.

Ibid. sec. 23. 1888, art. 52, sec. 22. 1860, art. 52, sec. 20. 1852, ch. 76, sec. 4.

25. Where there are 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.

Ibid. sec. 24. 1888, art. 52, sec. 23. 1860, art. 51, sec. 21. 1791, ch. 68, sec. 8.

26. 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 of contempt.

As to the compensation of witnesses before Justices of the peace, see art.
35, sec. 12.

Ibid. sec. 25. 1888, art. 52, sec. 24. 1860, art. 51, sec. 22. 1801, ch. 42, secs. 1, 2.

27. If the witness shall fail to appear on the return day of the sum-
mons the justice shall issue an attachment of contempt made returnable