JUSTICES OF THE PEACE. 1907

An. Code, sec. 25. 1904, sec. 23. 1888, sec. 22. 1852, ch. 76, sec. 4.

27. 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.

An. Code, sec. 26. 1904, sec. 24. 1888, see. 23. 1791, ch. 68, sec. 8.

28. 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 compensation of witnesses before justices of peace, see art. 35, sec. 12.

An. Code, sec. 27. 1904, sec. 25. 1888, sec. 24. 1801, ch. 42, secs. 1, 2.

29. 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
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 January, annually,
pay the same to the clerk of the circuit court for the county, or the clerk
of the superior court of Baltimore city.

An. Code, sec. 28. 1904, sec. 26. 1888, sec. 25. 1791, ch. 68, sec. 2.

30. If either party on the day of trial shall ask a postponement, the
justice shall postpone the trial to another day, not exceeding fourteen
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, cannot be com-
plained of by 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.

An. Code, sec. 29. 1904, sec. 27. 1888, sec. 26. 1791, ch. 68, secs. 2, 3.

31. 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.

An. Code, sec. 30. 1904, sec. 28. 1888, sec. 27. 1852, ch. 239, sec. 2.

32. No special pleading shall be required in any action before a jus-
tice of the peace.

An. Code, sec. 31. 1904, sec. 29. 1888, sec. 28. 1845, ch. 379, sec. 8. 1920, ch. 726

33. '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 pro-
cess and to do all other acts in relation thereto as such justice would have