1378 JUSTICES OF THE PEACE. [ART. 52

1888, art. 52, sec 22. 1860, art. 51, sec. 20. 1852, ch. 76, sec. 4.

23. 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.

Ibid. sec. 23. 1860, art. 51, sec. 21. 1791, ch. 66, sec. 8.

24. A justice of the peace shall issue summonses for wit-
nesses at the instance of either party and shall compel the
attendance of such witnesses by attachment of contempt.

Ibid. sec. 24. 1860, art. 51, sec. 22. 1801, ch. 42, secs. 1, 2.

25. 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
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.

Ibid. sec. 25. 1860, art. 51, sec. 23. 1791, ch. 68, sec. 2

26. 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 neces-
sary to a fair trial of the case.
Ewing v. Nickle, 45 Md. 417. Wagner v. Shank, 59 Md. 321.

Ibid. sec. 26. 1860, art. 51, sec. 24. 1791, ch. 68, secs. 2, 3.

27. If 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.
Ibid.

Ibid. sec. 27. 1860, art. 51, sec. 25. 1852, ch. 239, sec. 2.

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

Ibid, sec 28. 1860, art. 51, sec. 62. 1845, ch. 379, sec. 8.

29. 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