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The Maryland Code : Public General Laws and Public Local Laws, 1860
Volume 145, Page 360   View pdf image (33K)
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360 JUSTICES OF THE PEACE. [ART. 51,

44. A garnishee in whose hands any such attachment is laid,
shall have the same rights and be subject to the same liabilities
as if such attachment had issued from the Circuit Court; but to
avail himself of his rights he must appear at the return of the
attachment, and he shall not have the four days thereafter for
his appearance allowed in the Circuit Court.

SUPERSEDEAS AND EXECUTION.

45. No execution shall issue upon any judgment or decree ob-
tained in any court of record of this State; Provided, the defend-
ant therein shall come before a justice of the peace of the county
where such judgment or decree was rendered, within two months
after the rendition of such judgment or decree, and together
with two other persons, such as the said justice shall approve of,
confess judgment for his debt and costs of suit, adjudged or
decreed, with stay of execution for six months thereafter; which
confession shall be made in manner and form following, that is to
say: " You, ————, do confess judgment to ————, for the sum
of ———— and costs, which were recovered by the said ————,
against ————, on the ———— day of————, in the ———— court;
the said ———— to be levied of your goods or chattels, lands or
tenements, for the use of the said ————, in case the said ———
shall not pay and satisfy to the said ————, so as aforesaid
recovered against him, with the additional costs thereon, on
the ————— day of ————— next." Which confession shall be
signed by the justice before whom the same is made, and forth-
-with returned to the clerk of the court in which the judgment
or decree was rendered, who shall record the same; if the judg-
ment was rendered in the Court of Appeals,'the confession afore-
said may be made before a justice of the peace in the county or
city where the defendant resides.

46. The plaintiff in any judgment or decree may issue execu-
tion thereon, at any time within two months after the rendition
of the same or after expiration of the stay which may be entered
thereon, unless the defendant shall supersede the same as pro-
vided in the preceding section; but if the defendant shall super-
sede as aforesaid, within the two months, it shall stay any execu-
tion previously issued, and the sheriff shall not proceed on such
execution, if the defendant shows him a certificate of the justice
that the judgment has been superseded, the defendant paying
the cost of the execution.

 

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The Maryland Code : Public General Laws and Public Local Laws, 1860
Volume 145, Page 360   View pdf image (33K)
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