DORCHESTET COUNTY. 2299

a copy of his docket entries therein to some justice of the district where
the defendant or one of the defendants resides; but if the defendants re-
side in different districts then the justice shall transmit the papers to some
justice in the district where the defendant resides who elects to have the
case removed; but on the day first fixed for trial either plaintiff or defend-
ant may appear before the justice about to try the case and make oath that
he does not believe that he can have a fair and impartial trial before such
justice, and thereupon such justice shall transmit the papers with a copy
of the docket entries to some other justice of the same district, or if there
be no other justice in the same district qualified or able to act, then to
some justice of an adjoining district, or upon request of both plaintiff and
defendant, he shall transmit the papers to some justice of Election Dis-
trict No. 7 of said county for trial; and whenever a case has been removed
either upon the return day or upon affidavit being made as aforesaid, the
case shall stand for trial on the eighth day from the day of removal, unless
the parties shall agree upon a different day, and the justice shall enter
the day for such trial on his docket, and no postponement upon or after
the first day fixed for trial shall be allowed except for removal or for some
other good or sufficient reason shown to the justice, or upon the request of
both parties, and no postponement shall be granted for more than fourteen
days at any one time; provided, that nothing herein shall interfere with
the right of the defendant in a criminal case to elect to be tried by a jury,
or to be tried by the circuit court under any Act allowing such election,
and the party asking for a removal, whether upon election or upon affida-
vit, shall pay the cost which have accrued before the justice granting the
removal, which costs shall await the final disposition of the case.

P. L. L., 1888, Art. 10, sec. 198. 1S70, ch. 434.

348. The justices of the peace in and for Dorchester, Charles, Caro-
line, Carroll, Harford, Kent, Prince George's, Queen Anne's, Worcester,
Anne Arundel, and Calvert Counties, shall have jurisdiction over and
may take cognizance of all actions of assault and battery in which the
damages claimed do not exceed the sum of one hundred dollars; and also
criminal jurisdiction in all cases of assault and battery committed in
said counties, unless it shall appear to the said justices of the peace, upon
the hearing of the case, that the said assault and battery was committed
with intent to kill.

P. L. L.. 1888. Art. 10, sec. 190. 1870, ch. 434.

349. In all such cases before the justice of the peace in and for the
counties above named, either party shall be allowed an appeal to the
circuit court for the county in which the offense was committed, where
they shall be tried de novo, and all such appeals shall be taken in such
manner as is now provided for by law in other cases of appeals from judg-
ments of justices of the peace.