JUSTICES OF THE PEACE. 1909

An. Code, sec. 36. 1904, sec. 34. 1888, sec. 32. 1841, ch. 139. 1843, ch. 362, sec. 2.

38. If the parties appear before the justice on the return day of the
summons and the justice enters judgment, either by confession of the
party or after hearing and trying the case, such judgment shall be valid
although the summons may be made returnable before any or some justice
of the peace without naming specifically which justice.

An. Code, sec. 37. 1904, sec. 35. 1888, sec. 33. 1843, ch. 362, sec. 3. 1910, ch. 261 (p. 164).

1912, ch. 852. 1920, ch. 226.

39. Any Justice of the Peace of this State may enter a judgment by
confession for the plaintiff or plaintiffs for any amount within his juris-
diction, as is now or may hereafter be prescribed by law, either upon the
voluntary appearance and consent of the defendant or defendants, if
more than one, before such Justice of the Peace, or upon the written au-
thority signed by the defendant or defendants authorizing the entry of a
judgment by confession, and such authority may be contained either in
the note or other cause of action, or in a separate writing, provided that no
judgment as aforesaid shall be entered unless the plaintiff, his, her or its
duly authorized attorney or agent shall first make affidavit as to the correct
amount due thereon; provided, that nothing in this section shall in any
manner effect any note or agreement for judgment dated or entered into
prior to July 1st, '1920.

An. Code, sec. 38. 1904, sec. 36. 1888, sec. 34. 1825, ch. 158.

. 40. In all cases of debt tried before a justice of the peace he may enter

judgment against either plaintiff or defendant for such sum as to him may

appear just and right, with such costs as may have accrued in the case;

which judgment, if in favor of the defendant, shall be of equal effect as a

judgment in favor of the plaintiff and may be enforced in the same manner.

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. 39. 1904, sec. 37. 1888, sec. 35. 1884, ch. 327.

41. The costs attending the issue of warrants of the peace and of the
execution thereof and taking of recognizance thereunder shall be charged
to and collected from the person at whose instance such warrant is issued;
and no justice of the peace or constable shall charge any costs of such pro-
ceeding against the county nor collect the same from the county commis-
sioners thereof.

An. Code, sec. 40. 1904, sec. 38. 1888, sec. 36. 1868, ch. 443. 1880, ch. 400.

42. All judgments rendered by justices of the peace within the city
of Baltimore or in any of the counties of this State, may be made liens on
the real estate or leasehold interest and terms for years of the defendant
in land in the city of Baltimore, or in the county where the same have
been so rendered, except leases from year to year and leases for terms of
not more than five years, not renewable, to the same extent and effect as
liens are now created by judgment upon real estate, whenever the plaintiff