JOHN LEE CARROLL, ESQUIRE, GOVERNOR. 131

	CHAPTER 104.
	AN ACT to repeal section one hundred and twenty-
	five of article ten of the Code of Public Local Laws,
	title " Dorchester County," as enacted by the act
	passed at January session, eighteen hundred and
	seventy, chapter three hundred and seventeen, re-
	lating to Justices of the Peace and Constables,
	and to re-enact the same with amendments.
	SECTION 1. Be it enacted by the General Assembly
	of Maryland, That the act passed at January ses-
	sion, eighteen hundred and seventy, chapter three hundred and seventeen, adding a section to article	Repealed and re-enacted
	ten, Code of Public Local Laws, entitled " Dorches-
	ter County," sub-title "Justices of the Peace and
	Constables," be and the same is hereby repealed and
	re-enacted so as to read as follows :
	125. Every summons issued by any justice of the	Summons is-
	peace in and for Dorchester county, when the plain-	sued shall be
	tiff is a resident of said county, shall be made re-	returnable.
	turnable before the same or any justice of the peace
	of the district in which the defendant may reside,
	and the defendant shall have his election at the time	Defendnnt
	the summons is served on him or within five days	shall have election
	thereafter, to have the same returned to and his
	cause tried before any justice of the peace in which
	he, the said defendant, may reside ; provided, how-
	ever, that on the return day of the writ, if either
	party shall make affidavit before such justice that he	Return clay of writ.
	believes he cannot have an impartial trial before
	such justice, then the said justice shall transmit all	Shall trans-
	the papers in the case to some third justice of the	mitall papers
	peace, if there be one, in the same district, and if
	there be none, then to some justice of the peace in an
	adjoining district, who shall fix some reasonable day
	and proceed to trial as if the suit had originated	Proceed to
	with him ; and provided that the defendant shall at	trial.
	the time he elects to have the writ returned to a jus-
	tice other than him who issued it, and the party
	making such affidavit for removal shall at the time
	thereof pay to the constable or justice all costs in-	Pay all costs
	curred to such time, which costs shall be taxed on	incurred.