JUSTICES OF THE PEACE 2223

Civil Jurisdiction.

An. Code, 1924, sec. 5. 1912, sec. 5. 1904, sec. 5. 1888, sec. 5. 1791, ch. 68, sec. 1.

G. Any justice of the peace of the county where the defendant resides
may, if the case be within his jurisdiction, try, hear and determine the
matter in controversy between the plaintiff and defendant upon full hear-
ing of the allegations and evidence of both parties and shall give judg-
ment according to the law of the land and the equity and right of the
matter.

As to the amendment of proceedings before justice of the peace, see art. 75, sec. 39.
(See also art. 52, sec. 16.)

An. Code, 1924, sec. 6. 1912, sec. 6. 1904, sec. 6. 1888, sec. 6. 1791, ch. 68. 1809, ch. 76,

sec. 1. 1824, ch. 138. 1825, ch. 51. 1834, ch. 296. 1852, ch. 239, sec. 1.

1898, ch. 167. 1900, ch. 302. 1927, ch. 13. 1931, ch. 472.

1936 (Sp. Sess.) ch. 23. 1937, chs. 295 and 473.

7. The civil jurisdiction of Justices of the Peace extends to all cases
for the enforcement of contracts and to obtain redress for wrongs where
the debt or damages claimed shall not exceed one hundred dollars; to all
suits on bonds with penalty exceeding one hundred dollars, where the
sum due and claimed does not exceed one hundred dollars; to actions of
replevin where the value of the thing in controversy does not exceed one
hundred dollars and which value shall be ascertained by appraisers sum-
moned and sworn by the sheriff or other officer to whom the writ of
replevin is directed, and to all oases of attachments against non-residents or
absconding debtors where the sum claimed does not exceed one hundred
dollars, and also to all cases of attachment in any of the cases mentioned in
Section 36 of Article 9 where the sum claimed shall not exceed one hun-
dred dollars; provided that nothing herein contained shall be held or con-
strued to affect suits pending on April 5, 1900, nor judgments then existing.
Justices of the Peace of Garrett County shall, after June 1, 1931, have
civil jurisdiction in all cases hereinbefore mentioned in this section of this
Article instituted after June 1, 1931, and involving amounts not exceeding
two hundred dollars. Justices of the Peace of Wicomico County shall, after
April 8, 1936, have civil jurisdiction in all cases hereinbefore mentioned
in this section of this Article instituted after April 8, 1936 and involving
amounts not exceeding three hundred dollars. Justices of the Peace of
Prince George's County shall, after May 18, 1937 have civil jurisdiction
in all cases hereinbefore mentioned in this section of this Article instituted
after May 18, 1937, and involving amounts not exceeding two hundred
and fifty dollars. Justices of the Peace of Queen Anne's and Somerset
Counties shall, after June 1, 1937, have civil jurisdiction in all cases
hereinbefore mentioned in this section of this Article instituted after June
1, 1937, and involving amounts not exceeding two hundred dollars.

Where principal and interest the plaintiff is entitled to recover exceeds $100, a justice
of the peace has no jurisdiction. This may not be cured by rendering judgment,
contrary to sec. 39, for principal of debt with interest from date of obligation. Relief
in equity against judgment rendered by a justice without jurisdiction. Dunn v. Wilmer,
131 Md. 499.

The test of the justice's jurisdiction in actions ex contractu is amount recovered
and not amount claimed; contra in actions of tort. Bushey v. Culler, 26 Md. 552;
Ott v. Dill, 7 Md. 254 (construing also the acts out of which this section grew); Beall
v. Black, 1 Gill, 206; O'Reilly v. Murdock, 1 Gill, 38. See also Reese v. Hawks, 63
Md. 131; Rohr v. Anderson, 51 Md. 217; Carter v. Tuck, 3 Gill, 251; Abbott v. Gatch,
13 Md. 336.

In action of tort, where amount claimed is $100; and the verdict on appeal from
a justice is for $100; the jurisdiction is not exceeded. Herzberg v. Adams, 39 Md. 312.