The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1872-07-13
gseaI gore.
Familiar Law.


nishes the following legal lore to that
journal -
SIMPLE DEBT.--rhis term includes
all claims that can be recovered before
Justice of the Peace. We will there
fore imagine him seated in his Office for
the first time, ignorant Of all his duties,
the oihcsrs aud all concerned equally as
ignorant as himself.
A. is indebted to b. in the sum Of
$40, which A. refuses to pay. To en-
force payment, b. applies to the Magis.
trate.
If the evidence Of the debt is prom.
issory note, due bill, or any acknowl-
edged account, b. must present it TO
the Magistrate. If it is an open account,
he must present statement in writing
Of the same, and in either case request
that q SIMMONS be issued.
The first thing to be done by the
Magistrate, is to bring the defendant
A. before him, or give him notice of
the claim against him. This is done
by Issuing process, " as it is called re.
turnable on day named in the sum.
mons, not exceeding forty days from
the time Of issuing the same. Ii the
Constable serves the summons on the
defendant, he must endorse the same
"summoned If dead, or cannot be
found, the return should state the fact.
Ii the Constable does not make re.
turn as commanded, he is liable to
liue Of one dollar, unless he eau render
good excuse.
If 4 after being summoned, should
fail to appear on the return day, the
Justice shall fix day of trial, not loss
than six, nor more than fourteen days,
from the return day, aud proceed to
try the case er parte, the defendant to
have the right to appear at any time be-
fore Judgment, and make any defence be
may have. This puts stop to the old
practice Of giving judgment on the re.
turn of the summons, which clteu re.
suited in great wrong.
An erroneous impression prevails,
that cause can be removed at the in
stance of either of the parties, and tried
before another Justice Of the Peace.
which cauuct be done, except both A.
and B. consent.
The parties now appear before the
Justice, when he asks if they arc ready
for trial. The plaintiff now has to
substantiatc his claim by written or
parole evidence, or by both.
Proof Of any account FOR money lent,
or goods sold, work done, or other
things properly chargable in account,
not exceeding s26 in the course Of any
whole year, may be made before a JUS
tice Of the Peace, aud shall be received
as good evidence in any Court, or be.
fore any Justice Of the Peace, except
disproved by evidence other than the
creditors own oath, that the account is
in whole or in part false.
This does not preclude any debtor or
defendant from controverting any proof
offered in pursuance Of the aboye-named
provision by any testimony admissible
by the rules of the common law.
1t should also be borne in mind that
tho effect Of the probate is limited to a
year, and only valid where made within
twelve months after the first article
charged shall become due, even though
the account is less than S26. II is Of.
ten the practice of Magistrates to admit
the probate Of any account less than
SIG, without regard to the date Of the
articles charged. This is error, aud
should not be done. 1t must also be
borne ia mind, that the precise words
OF the law must be strictly followed
any omission may be fatal.
No person shall be excluded from
being witness by reason of incapacity
from crime or interest. The fact of d
witness being interested, or having com.
mltted crime, shall go TO his or her cred
ibility, and not to his or her admissible
iiy, except where a party has been
convicted OF the crime of perjury, in
which case he or she shall not be allow.
cd to testify. A husband is competent
and compellablc to give testimony for
his wife, the wife for the husband-all
the parties liiigant, and all persons 10
whose behalf any suit or action or other
proceeding may be brought or defended
are competent aud compellablo to tcsti.
iy, except in criminal proceedings, adul.
terry, divorce and breach of promise Of
marriage.
Ii tho witness shall fail to appear on
the return day Of the summons, the
Justice shall issue an attachment Of
contempt, aud in his discretion fine him
in any sum not exceeding three dollars.
MAGISTRATES FEEs.-Thc follow.
ing are the fees OF Justices Of the Peace,
under act passed April 4th, 1870; said
fees shall be taxed aud paid by the par
ties against whom Judgment is rendered.
IL will also be borne in mind that ali
fees in criminal cases shall be entitled
TO be paid by the county.
For issuing each summons in debt or
damages, or writ Of repleyin, twenty-five
cents; Tor each summons OF witnesses,
including all tho witnesses applied for
at the same time, swenty.five cents; for
venire to summon frccholders, thirty. .Siyo
conts; for iieri iacias, thirty i've cents;
Tor vsnditioni oxponss, thirty. five cents;
forscire tacias, forty Ave cents; for every
supersedeas, twenty ceuts for every
oath or affidavit, ten ccnts; for probate
or account, ten cents; for every iudg.
ment rendered where there is no trial.