E. LOUIS LOWE, ESQUIRE, GOVERNOR.

1852.

or delay the enforcement by the comptroller, county
commissioners, or others interested, of their rights and
remedies, to the same extent and effect as if this act
had not been passed.

CHAP. 76.

SEC, 6. And be it enacted, That this act shall take
effect from and after the date of its passage.

CHAPTER 76.

In force.

AN ACT prescribing the Process in Civil Actions
in the Courts, and before Justices of the Peace.

Passed April
3, 1852.

SECTION 1. Be it enacted by the General Assembly

of Maryland, That in all civil suits or actions at law
in the several courts of this State, the process to com-
pel the appearance of defendants, shall be a summons
instead of the capias ad respondendum formerly used,
and such summons shall state the purpose for which
the party is summoned, in the manner in which it was
heretofore stated in the capias.

Process to
compel ap-
pearance of
defendants.

SEC. 2. And be it enacted, That when the sum-
mons is returned summoned, if the defendant or de-
fendants therein named, and so returned summoned,
do not appear, the court shall on the second day

of the term, to which the summons is returna-
ble, enter the appearance of any defendant, so sum-
moned and failing to appear, and the suit or action
shall proceed in the same manner as if the party de-
fendant had appealed in person or by attorney.

Suit to pro-
ceed in same
manner as if
defendant had
appeared.

SEC, 3. And be it enacted, That the process to be
issued by justices of the peace in civil cases, shall be
a summons, instead of the warrant heretofore used, and
if the summons shall be returned summoned, and the
defendant shall fail to appear on the return day of such
summons, then the justice shall fix a day of trial, not
less than six days nor more than fourteen days from
the return day, and proceed to try such case ex parte,
the defendant to have the right to appear at any time
before judgment, and make any defence he may have,
as if he had appeared at the return day of the sum-
mons.

Process issued
by justices of
peace, in civil
cases, to be a
summons.

SEC. 4. And be it enacted, Thai where there is more
than one defendant, and some shall appear and the
other or others who has or have been summoned, shall

Mode of en-

tering appear-
ance, where
there is more
them one.