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Maryland Manual, 1897
Volume 109, Page 133   View pdf image (33K)
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MARYLAND MANUAL 133

Circuit Court, on plea of not sufficient assets; justices are
required to keep docket, and enter proceedings therein;
shall furnish copy of judgment to parties whenever re-
quired, and if failure should cause loss of debt, justice
shall pay such debt; he shall keep fall index; deliver
papers and docket to clerk, on vacation of office; process
shall be a summons, and may be issued by one justice on
the docket of another ; no blank summons shall be issued ;
should defendant summoned not be present by return
day, the justice shall fit a day for trial, not more than
fourteen days, nor less than six days, from return day;
and where a part, only of defendants appear, who were
summoned, the case shall proceed as if all were present;
a justice may summon witnesses, and attach for dis-
obedience, but must not postpone trial more than four-
teen days; cases may be tried ex parte, and no special
pleading required; he shall enter all judgments within
three days, bearing interest from date; judgments are
valid if confessed before one justice, even though writ
returnable to another; judgment by confession may be
entered without summons; costs of peace warrants pro-
ceedings shall be paid by parties, and in no case charged
against the counties; justices' judgments may be made
liens upon land and leasehold interests of over five years'
duration by filling certified copy with clerk of court; he
may issue attachments against non-resident or abscond-
ing debtors; may try action of replevin under proceed-
ings similar to those practiced in court; they have the
power to revive judgments by writs of scire facias with-
in twelve years ; justices of the peace in the counties may
issue supersedeas upon any judgment; supersedeas shall
be a confession of judgment by the judgment creditor;
the defendant, with two other approved persons, may
stay execution for six months; administrators may stay
judgment by supersedeas, but in so doing make them-
selves personally liable; supersedeas need not follow the
form prescribed, but substantially only; judgment may
be superseded by any justice in the county, provided the
justice who rendered judgment is dead or out of office; a
justice may take one person as security, on a supersedeas
on a judgment of a. justice of the peace ; a justice may
enter a supersedeas short in his docket; if an execution
shall be issued previously to the supersedeas, it may be
stayed after such supersedeas upon payment of costs upon
execution; no execution or scire facias can be taken on

 

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Maryland Manual, 1897
Volume 109, Page 133   View pdf image (33K)
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