1290 JUSTICES OF THE PEACE. [ART. 52

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 Jan-
uary, annually, pay the same to the clerk of the circuit court for the
county, or the clerk of the superior court of Baltimore city.

1904, art. 52, sec. 26. 1888, art. 52, sec. 25. 1860, art. 51, sec. 23. 1791, ch. 68, sec. 2.

28. If either party on the day of trial shall ask a postponement,
the justice shall postpone the trial to another day, not exceeding four-
teen 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.

A postponement for a longer time than that fixed by this section, can not
be complained of by the party at whose Instance it was had. Ewing v.
Nickle, 45 Md. 417.

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.

Ibid. sec. 27. 1888. art. 52, sec. 20. 1860, art. 51, sec. 24. 1791, ch. 68, secs. 2, 3.

29. 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.

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.

For a case which should have been tried in accordance with this section,
see Ewing v. Nickle. 45 Md. 417.

Ibid. sec. 28. 1888, art. 52. sec. 27. 1860, art. 51, sec. 25. 1852, ch. 239, sec. 2.

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

Ibid. sec. 29. 1888, art. 52, sec. 28. 1860, art. 51, sec. 62. 1845. ch. 379, sec. 8.

31. If any justice of the peace shall die or shall cease to act as
such from any cause, any justice of the peace in the same county shall
have the same power to receive returns of writs or process, to issue any
writ or process and to do all other acts in relation thereto as such
justice would have had if he were living and acting as a justice of the
peace.

Ibid. sec. 30. 1888, art. 52, sec. 29. 1860. art. 51, sec. 63.

32. If any constable or other officer returns process before another
justice by reason of the death or disqualification of the justice before
whom the same was returnable, he shall give notice, previous to the
return thereof to the plaintiff or his agent and the defendant, of the
justice before whom he intends returning the same.

Ibid. sec. 31. 1900. ch. 11. 1904, ch. 89. sec. 29 A.

33. In all actions or proceedings before any justice of the peace in
this State, and appeals therefrom, the partnership of parties, the cor-
poration of any body corporate, and the representative character of
any party, suing or being sued, shall be taken as admitted for the pur-