ART. 52.] PROCESS AND PRACTICE. 879

P. G. L., (1860,) art. 51, sec 21. 1791, ch. 68, sec. 8.

23. 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.

Ibid sec. 22. 1801, ch. 42, secs. 1-2.

24. If the witness shall fail to appear on the return day of the
summons, 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 exceed-
ing 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.

Ibid. sec. 23. 1791, ch. 68, sec. 2.

25. If either party on the day of trial shall ask a postpone-
ment, 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.

Ewing v. Nickle, 45 Md 417. Wagner v. Shank, 59 Md 321

Ibid, sec 24. 1791, ch. 68, secs. 2-3

26. H either party shall fail to appear on the day to which a
case is postponed, the justice may proceed to try the case ex
parte.

Ewing v. Nickle, 45 Md. 417. Wagner B Shank, 59 Md 321.

Ibid sec 25. 1852, ch 239, sec 2.

27. No special pleading shall be required in any action before
a justice of the peace.

Ibid, sec 62. 1845, ch. 379, sec 8.

28. If any justice of the peace shall die, or shall cease to
act as such from any cause, any justice of the peace in the
same county shall have the same power to receive returns of