JUSTICES OF THE PEACE. 1901

Where suit is for a balance of purchase money of land the justice has jurisdiction,
unless it affirmatively appears that contract is still executory and defendant has not
accepted a deed. Cole v. Hynes, 46 Md. 185.

A suit for rent does not come under this section, the title to land not being "neces-
sarily and directly in issue." This section must be construed in connection with
secs. 6 and 8. Randle v. Sutton, 43 Md. 88; Dietrich v. Swartz, 41 Md. 200; Legum
v. Blank, 105 Md. 131; Shippler v. Broom, 62 Md. 319.

This section does not oust justice's jurisdiction in proceeding for the recovery of
demised premises in Baltimore city, where question is whether or not defendant
rented them from plaintiff. Josselson v. Sonneborn, 110 Md. 549.

Neither a justice nor the city court on appeal, has jurisdiction to determine
whether a title has expired; and it makes no difference that it did not appear that
matter of jurisdiction was raised before justice or in city court. Presstman v. Silljacks,
52 Md. 660.

How the question of jurisdiction should be raised before justice, and also on appeal.
Bills of exception are not allowed. Shippler v. Brown, 62 Md. 319; Cole v. Hynes,
46 Md. 183. Cf. Presstman v. Silljacks, 52 Md. 660.

Cited but not construed in O'Reilly v. Murdock, 1 Gill, 38.

As to landlord and tenant cases, see art. 53, sec. 6.

An. Code, sec. 8. 1904, sec. 8. 1888, sec. 8. 1813, ch. 162, secs. 1, 5. 1824, ch. 138, sec. 6.

1825, ch. 51, sec. 1.

8. If the defendant in an action before a justice of the peace for cut-
ting, destroying or carrying away timber or wood to or from any land in
this State or for doing any other injury to such lands shall allege in writ-
ing that he claims title to said lands or that he acted under a person claim-
ing title to the same, whom he shall name in such allegation, and shall
verify said allegation by oath, the justice shall take no further cognizance
of the case.

Statement of defendant that title to land is involved is not conclusive, but such
fact must appear from nature of action itself. Sale of timber, whether cut or standing,
is a sale of goods only. Whittington v. Hall, 116 Md. 468.

This section held to have no application, and hence defendant was not affected
by a failure to file allegation as to claim of title. Josselson v. Sonneborn, 110, Md.
549. Cf. Shippler v. Broom, 62 Md. 319; Cole v. Hynes, 46 Md. 183.

Cited but not construed in Legum v. Blank, 105 Md. 128.

See notes to sec. 7.

An. Code, sec. 9. 1904, sec. 9. 1888, sec. 9. 1819, ch. 167, sec. 2. 1892, ch. 619. 1902, ch. 408.

9. The jurisdiction of justices of the peace of the State of Maryland
shall extend to all cases wherein executors or administrators are parties,
plaintiffs or defendants, except that no administrator or executor shall
be sued before a justice of the peace within thirteen months from the date
of his letters, unless such executor or administrator shall within six months
of the date of such letters dispute or reject any claim filed against his
decedent's estate.

See art. 93, sec. 106.

An. Code, sec. 10. 1904, sec. 10. 1888, sec. 10. 1819, ch. 167, sec. 2.

10. If any administrator shall allege in writing and verify the same
by oath that he has no assets in his hands, or that he has reasonable cause
to believe the assets will not be sufficient to pay the debts of the decedent,
then the justice of the peace shall transmit the proceedings in relation
thereto to the next circuit court for the county, or the Baltimore city
court, and such court shall hear and decide the case.
See art. 26, sec. 26, et seq.