Theodore R. McKeldin, Governor                      537

38. How Executed In Case of Death Of Justice.

If the justice of the peace rendering any judgment from which an
appeal is taken goes out of office, by death or otherwise, before an
appeal bond has been executed by the party appealing, such appeal
bond may be executed before any other justice in the same county or
city, and such bond shall have the same effect as if executed before
the justice rendering the judgment from which the appeal is taken.

39. Costs Before Justice To Be Paid Before Trial Of Appeal.
This Section Not To Apply To Allegany County Nor Frederick

County.

Before any of the circuit courts of this State or the Baltimore City

Court shall proceed to hear or try cases brought to their respective

courts by appeal from the judgments of justices of the peace, they

shall first be satisfied that all costs incurred on the judgments and

proceeding before the justice aforesaid have been paid by the appel-

lant, or that the appellant has given bond, conditioned for the pay-

ment of the same, if he does not prosecute his appeal successfully.

This section is not to apply to Allegany county, nor to Frederick

county; provided, that in Frederick county the appellant shall have
given a sufficient bond as provided by Section 36 of this Article.

40. 39. Commitment For Non-Payment Of Penalty. Limit Of
Imprisonment.

Where any judgment of a justice of the peace, imposing any fine
or penalty for the violation of any law or ordinance, shall be af-
firmed upon appeal, the court to which such appeal is taken shall
have the power to commit the defendant or appellant in case of non-
payment of such fine or penalty and costs; provided, that no person
shall be imprisoned under this section for a longer period than thirty
days for any one offense.

41. 40. Amendments In Discretion Of Court.

All civil actions and civil proceedings, including the writ, sum-
mons, docket entries and the names of the parties, on appeal from a
justice of the peace before a circuit court for any county or the Bal-
timore City Court, may be amended so as to bring said action to
trial on its merits in the same manner and to the same extent as now
allowed in cases originating in courts of law. Amendments in any of
the said courts shall be allowed and made in the discretion of said
court as if said actions, writs and proceedings had originated there-
in.

42. 41. Continuance And Costs Upon Appeal.

In all cases of amendment of actions and proceedings at law un-
der the preceding section, the allowance of continuances and of costs
shall be in the discretion of the court so as to accomplish the ends of
justice.

42. WHEREVER THE WORDS "COUNTY COMMISSIONERS"
APPEAR IN SECTIONS 30 TO 41, INCLUSIVE, OF THIS
ARTICLE, THEY (SHALL BE TAKEN TO INCLUDE A COUNTY
COUNCIL AND THE MAYOR AND CITY COUNCIL OF BALTI-
MORE CITY, AND WHEREVER THE WORDS "CIRCUIT