The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1872-04-20
For Tie UGH " IIs.
FAMILIAR LAW.
SIMPLE DEBT.

!
| This term includes all claims that can be
recovered before Justice of the Peace
We will therefore imagine him seated in
his office for the first time, ignorant of all
his duties, the officers and all concerned
equally as ignorant as himself.
A. is indebted to B. in the sum of $50,
which \. refuses to pay. To enforce pay
ment, B. applies to the Magistrate.
If the evidence of the debt is a promis-
sorry note, due bill, or any acknowledged
account Il. must present it to the Magis-
trate. If it is an open account, he must
present statement in writing Of the
summons be issued.
| The first thing 20 be done by the Magis-
trate, is to bring the defendant a. before
him, or to give him notice of the claim
| process as it is called; returnable on a
| day named in the summons not exceeding
forty days from the time of issuing the
same. If the Constable serves the sum-
the same summoned If dead, or can
not be found, the return should state the
| fact.
| If the Constable does not make return
as commanded, he is liable to 4 fine of one
dollar, unless he can render good excuse.
| If A., after being summoned, should fail
to appear on the return day, the Justice
shall fix day of trial. not less than six,
nor more than fourteen days, from the
return day, and proceed to try the case
| er parte, the defendant to have the right to
appear at any time before Judgment. and
make any defence he may have. This puts
! stop to the old practice of giving judg-
| ment on the return of the summons, which
often resulted in great wrong.
An erroneous impression prevails, that
cause can be removed at the instance of
either of the parties, and tried before
another Justice of the Peace, which can
not be done, except both A. or 3. consent.
The parties now appear before the JUS
tice, when he asks if they are ready for
trial The plaintiff now has to substan-
tiate 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 chargeable in account. not exceed
ing $40 in the course of any whole year,
may be made before Il Justice of the Peace,
| and shall be received as good evidence in
any Court, or before 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 above named
provision by any testimony admissible by
| the rules of the common law.
| 1t should also be borne in mind that the
effect of the probate is limited to year,
| and only valid where made within twelve
months after the first article charged shall
| become due, even though the account is
less than 500. 1t is often the practice of
| Magistrates to admit the probate of any
the date of the articles charged. This is
error, and should not be done. 1t must
also be borne in 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 witness
being interested, Or having committed
| crime, shall go to his or her crediblity, and
not to his or her admisibility, except where
| a party has been convicted Of The crime of
perjury, in which case he or she shall not
be allowed to testify. \ husband is com
petent and compellabc to give testimony
| for his wife, the wife for the husband-all
the parties litigant, and all persons in
whose behalf any suit or action or other
proceeding may be brought or defended,
are competent and compellabie to testify,
except in criminal proceedings, adultery,
divorce and breach of promise of marriage.
| If the witness shall fail to appear on the
return day of the summons, the Justice
shall issue an attachment of contempt, and
in his discretion fine him in any sum not
exceeding three dollars.
| In our next, some OF the common de-
fences will be referred to.
!. Z. WILSON.