2230 ARTICLE 52

the same, or before some other justice to be named therein, on a day to be
stated in said summons, not exceeding forty, days from the time of issuing
the same.

Where there is no summons, justice is without jurisdiction, and his judgment is a
nullity. Fahey v. Mottu, 67 Md. 253.

An. Code, 1924, sec. 26. 1912, sec. 24. 1904, sec. 22. 1888, sec. 21. 1852, ch. 76, sec. 3.

28. If the summons shall be returned "summoned" and the defen-
dant shall fail to appear on the return day thereof, then the justice shall
fix a day of trial, not less than six nor more than fourteen days from the
return day, and on such day proceed to try such case ex parte; the defen-
dant to have the right to appear at any time before judgment and make
any defense he may have as if he had appeared at the return day of the
summons.

That a justice had jurisdiction must affirmatively appear on the face of the proceed-
ings. Fahey v. Mottu, 67 Md. 254.

Where defendant has been summoned (in a proper case), justice has jurisdiction
which cannot be ousted by subsequent failure to comply with law. Mottu v. Fahey,
78 Md. 393.

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.

This section has no application to attachments. Weed v. Lewis, 80 Md. 128. (See
sec. 47, et seq.)

See sec. 37, and (as to replevin), see. 58.

An. Code, 1924, sec. 27. 1912, sec. 25. 1904, sec. 23. 1888, sec. 22. 1852, ch. 76, sec. 4.

29. 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, 1924, sec. 28. 1912, sec. 26. 1904, sec. 24. 1888, sec. 23. 1791, ch. 68, sec. 8.

30. 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. 17.

An. Code, 1924, sec. 29. 1912, sec. 27. 1904, sec. 25. 1888, sec. 24. 1801, ch. 42, secs. 1, 2.

31. 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, 1924, sec. 30. 1912, sec. 28. 1904, sec. 26. 1888, sec 25. 1791, ch. 68, sec. 2.

32. 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.