1868, c. 102 repeals section 25 and substitutes the following therefor:

In cases of in

SEC. 25. Whenever any court having equity juris- 1868, c. 102, diction shall refuse to grant an injunction according to junctions. the prayer of the bill or petition filed in the cause, an appeal may be taken from such refusal by any party aggrieved thereby, and such right of appeal shall not be prejudiced by the filing of an answer to the said bill or petition on behalf of any opposing party, nor by the taking of depositions in reference to the allegations of the bill or petition to be read on the hearing of the application for an injunction; and the said appeal shall be heard on a transcript of the said bill or petition, with such other papers or proceedings in the cause as may be necessary for the purposes of the appeal, and so soon as conveniently may be after such transcript shall have been filed in the court of appeals.

In force and approved March 7, 1868.

APPEALS FROM JUSTICES OF THE PEACE.

1868, c. 378 repeals and re-enacts section 50 so as to read as follows:

1868, c. 378. Proceedings on appeal.

50. Any party aggrieved thereby may appeal from any judgment of a justice of the peace to the circuit court for the county, or the Baltimore city court of Baltimore, at any time within sixty days from the rendition of such judgment, and the court to which such appeal is taken shall hear the case de novo, and determine the same according to law and the equity of the To what actions matter; and this section shall be construed to include all actions of debts for the collection of fines, penalties and forfeitures imposed by any law of this state, and which are made recoverable before a justice of the peace, in which a right of appeal may not be given by. the law imposing the same.

applicable.

In force and approved March 30, 1868.

1868, c. 447. Jurisdiction extended to justices of the peace.

ARTICLE X.

Attachments.

ATTACHMENTS ON ORIGINAL PROCESS.

8. Jurisdiction extended to justices of the peace. Procedure.

ATTACHMENTS ON ORIGINAL PROCESS.

1868, c. 447 adds the following section to this article:

SEC. 8. Every justice of the peace may issue an attachment in any of the cases mentioned in the act of 1864, c. 306, sec. 38, [sec. 1 of Supplement 18611867, p. 19,] where the sum claimed shall not exceed one hundred dollars, upon the party applying for the same making before the justice the affidavit, and exhibiting the proofs and vouchers necessary to authorize an attachment to be issued from the circuit court in such

cases, and giving bond with security to be approved by said justice in double the sum alleged to be due, and conditioned as is provided in the forty-first section of said act of 1864, c. 306, [sec. 4 of Supplement, p. 20,] except such changes of language as may be necessary to make the same applicable to a proceeding before a jus- Procedure. tice of the peace, and such attachment shall be returnable before the justice who issued it on a day certain to be named therein, not less than twenty nor more than thirty days from the date of issuing it, and the plaintiff shall give notice of the issuing of such attachment in the same manner as in case of attachments before a justice against non-resident or absconding debtors, and a writ of summons shall also be issued with such attachment as is usual in cases of debt before a justice, and the proceedings on such attachment shall conform as near as practicable to the practice and proceedings, under writs of attachments, against non-resident or absconding debtors issued by a justice of the peace. In force and approved March 30, 1868.

1868, c. 404 repeals 1862, c. 179, [Sup. 24,] being section 16 of this article and re-enacts the same as follows:

Who not to

practice.

SEC. 16. No register of wills or clerk of any court 1868, c. 404. shall practice as attorney at law in any of the courts of this state whatsoever, nor shall any deputy register of wills, or any deputy clerk of any court, practice as attorney at law in any court of this state of which he is an officer, or to which he may be attached as a deputy or assistant officer.

In force and approved March 30, 1868.

1868, c. 285.

Fees of state's attorneys.

1868, c. 285 enacts the following:

24. The comptroller of the treasury is authorized to adjust and settle the claims of any of the state attorneys of the several counties and the city of Baltimore, for appearance fees in civil cases due them by the state, and for all fees similarly due for services rendered under the opinion of the attorney general in the matter of cases removed from said county for trial or otherwise, and to fix and determine the amount due to said state attorneys, respectively, and to allow the same and to issue his warrant upon the treasurer for the payment of such amounts, which said warrant the treasurer is hereby authorized to pay.

In force and approved March 30, 1868.

NOTE.-See 1868, c. 210 authorizing the Comptroller of the Treasury to adjust and settle with the assistance of the State's Attorneys the accounts due by collectors, sheriffs, clerks, registers and other receivers of public moneys in cases where the indebtedness accrued prior to the year 1866, under Public General Laws, Art. XXII, Comptroller.

1868, c. 240 repeals the act passed January session, 1867, c. 156, entitled an act to repeal sections five and eight of an act passed January session, 1864, c. 15, entitled an act to aid and encouurage enlistments into the Maryland regiments in the service of the United States, and also to repeal sections four and five of the act passed January session, 1865, c. 33, entitled an act to provide bounty for soldiers entering the service of the United States, to fill the quotas of Maryland, under the call of the President of the United States, of December 19, 1864, and under future calls. See Sup. pp. 23, 34, 38.

1868, c. 235, s. 4. Defence loan.

In force and approved March 28, 1868.

1868, c. 235 amends and re-enacts 1865, c. 33, ss. 4, 5 and 6, [Sup. 38,] as follows: SEC. 4. For the purpose of meeting the expenses to be incurred under this act a fund is hereby created, to be called the defence loan, and the treasurer of the

issue bonds.

state is hereby authorized, under the direction of the governor, to issue bonds or certificates of debt, which said bonds or certificates of debt shall be exempt from state, county and municipal taxation, countersigned by the comptroller bearing interest at six per centum per annum, payable semi-annually on the first day of January and July in each year, and redeemable in not less than ten nor more than fifteen years, at the pleasure of the state, in the name and on behalf of the state of Maryland, to an amount not exceeding four millions of dollars, or so much thereof as may be necessary, and the proceeds of such bonds or certificates so issued shall be passed to the credit of said defence loan, and the same is hereby appropriated for the purpose of paying all liabilities incurred or to be incurred under the provisions of this act, and the treasurer of the state is Treasurer to hereby authorized, under the direction of the governor, to invest in the bonds to be issued as aforesaid, one million of dollars of the interest of the sinking fund, or more, if in their discretion advisable, or of any other fund or surplusages in the treasury not otherwise appropriated, and that all payments made by or on account of the purchasers of the bonds or certificates of debt issued under the provisions of this bill, shall be made to the treasurer, on the warrant of the comptroller, and all certificates of debt or bonds so issued shall be signed by the treasurer and countersigned by the comptroller. 5. A special tax of five and a half cents is hereby Ibid. s. 5. levied, [on every one hundred dollars' worth of the taxable property of this state, to meet the interest and create a sinking fund for the redemption of the bonds or certificates of debt herein directed to be issued and the tax shall be annually levied,] collected and paid over to the state treasury until the debt created by this act shall have been paid, and a separate and distinct account shall be kept thereof, and the proceeds thereof are hereby pledged to the payment of the interest and principal of the said bonds or certificates of debt.

Special tax.

6. No further bonds or certificates of debt under the Ibid. s. 6. act of 1864, c. 15, shall be issued.

Further issue prohibited.