684                              Laws of Maryland                      [Ch. 181

both fined and imprisoned in the discretion of [said justice or] the
court.

§ 45. Appeals from [trial magistrates] District Court.

When any case is brought to the circuit court for trial from [a
trial magistrate] the District Court, except cases of appeal from the
judgment of the [trial magistrate] the District Court, the circuit
court shall be deemed to have original jurisdiction of such case, and
the parties thereto shall be entitled to all right of removal provided
in § 44 of this article.

§ 75. Suits to be brought where defendant resides; exceptions.

(a) No person shall be sued out of the county in which he resides
until the sheriff or coroner of the county in which he resides shall
have returned a non est on a summons issued in such county; pro-
vided, that nothing herein contained shall apply to any person who
shall abscond from justice in the county where he lives but such per-
son may be sued in any county where he may be found; and provided
further, that any person who resides in one county, but carries on any
regular business, or habitually engages in any vocation or employ-
ment in another county, may be sued in either county, whether [be-
fore a justice of the peace] in the District Court or in a court of law
or equity; this section not to apply to ejectment, dower, replevin,
scire facias on judgment or decree, nor to heirs, devisees or terre-
tenants, against whom process may be issued to another county.

§ 93. Service on Sunday or holiday; exceptions.

The process of [any court, people's court, trial magistrate,] the
District Court, or any agency, board, commission, or other officer or
body of this State or subdivision thereof, duly authorized by law to
issue same, may be served on Sunday or on a holiday; except that no
writ of distraint or for eviction or possession may be served on a
Sunday.

Section 63. And be it further enacted, That Sections 124 and
429 of Article 81 of the Annotated Code of Maryland (1969 Replace-
ment Volume and 1971 Supplement), title "Revenue and Taxes," sub-
title, "Resistance to Collectors," and "Road Tax on Motor Carriers,"
be and they are hereby repealed and re-enacted, with amendments,
to read as follows:

§ 124. Resisting or threatening collector or bidder.

If any person shall resist, strike or menace with violence any col-
lector in the discharge of his duties, or shall resist, attack or menace
with violence any person present, and bidding or proposing to bid
at any tax sale of property by a collector as aforesaid, the said col-
lector may summon for his defense the posse comitatus, and each
person so summoned shall be allowed fifty cents per day, to be levied
on the county or city as other charges; and if any person summoned
shall refuse to serve, he shall be liable to a fine of five dollars[, to be
recovered before a justice of the peace, one half to the use of the
party prosecuting and the other half to the county or city].