JUSTICES OF THE PEACE 2225

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. 8.

An. Code, 1924, sec. 9. 1912, sec. 9. 1904, sec. 9. 1888, sec. 9. 1819, ch. 167, sec. 2.
1892, ch. 619. 1902, ch. 408.

10. 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. 109.

An. Code, 1924, sec. 10. 1912, sec. 10. 1904, sec. 10. 1888, sec. 10. 1819, ch. 167, sec. 2.

.11. 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. 23, et seq.

An. Code, 1924, sec. 11. 1912, sec. 11. 1904, sec. 11. 1888, sec. 11. 1852, ch. 239, sec. 4.

12. In all cases where the amount claimed or the thing in action ex-
ceeds the sum or value of fifty dollars and justices of the peace have juris-
diction, the several circuit courts for the counties shall have concurrent
jurisdiction with justices of the peace.

This section, in connection with sec. 7, confers exclusive jurisdiction upon justices
in replevin where the value of thing in controversy does not exceed $50. Deitrich v.
Swartz, 41 Md. 200; Randle v. Sutton, 43 Md. 68. Cf. Ott v. Dill, 7 Md. 258. See also
Baltimore, etc., Co. v. Barnes, 6 H. & J. 61.

As to jurisdiction of circuit courts for counties, see art. 26, sec. 41.

Criminal Jurisdiction.

An. Code, 1924, sec. 12. 1912, sec. 12. 1904, sec. 12. 1890, ch. 618. 1892, ch. 485.
1894, ch. 338. 1896, ch. 128, sec. 11A. 1906, ch. 475. 1914, ch. 482.

13.¹ The several Justices of the Peace of the State of Maryland (ex-
cept in the City of Baltimore, and in Talbot, Harford, Montgomery and
Frederick Counties), are hereby invested with, and shall have hereafter
jurisdiction to hear, try and determine all cases involving the charge of
any offense, crime or misdemeanor, not punishable by confinement in the
Penitentiary or involving a felonious intent, which may be committed
within their respective Counties; and shall have jurisdiction to hear, try
and determine all prosecutions or proceedings for the recovery of any
penalty for doing or omitting to do any act within their respective Coun-
ties, the doing of which or the omission to do which, is made punishable
under the laws of this State by any pecuniary fine or penalty, or bv im-

¹ While in the act of 1914, ch. 482, this section is numbered "2," the title and enacting
clause show that it was intended to be numbered "12."