| 1791.
CHAP.
LXVII. |
LAWS of MARYLAND.
whom any such judgment or decree is obtained, shall come before one
judge of
the general court, one of the justices of the county court, or two justices
of the
peace of the county where such person or persons shall reside, within two
months
after the rendition of such judgment, and, together with two other persons,
such
as the said judge, justice or justices, 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 H. M. A. B. and G. D. do confess judgment to E. F. for
the
" sum of _____ and _____ costs, which were recovered by the said E. F.
" against H. M. on the _____ day of _____ in the _____ court; the
said
" _____ to be levied of your bodies, goods or chattels, lands or tenements,
" for the use of the said E. F. in case the said H. M. shall not pay and
satisfy
" to the said E. F. 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 judge, justice or justices, before whom the
same is
made, and certificate thereof shall be procured, under the hand or
hands of the
said judge, justice or justices, and such certificate shall be a sufficient
supersedeas
to the sheriff to forbear serving execution upon the body or goods
of the person
so obtaining such certificate. |
No execution
to issue in certain
cases, &c. |
II. And be it
enacted, That from and after the tenth day of May aforesaid no
execution against the body or goods of any person or persons in this state,
shall
issue on any judgment or decree obtained in any county court or orphans
court,
provided such person or persons shall go before any justice of the county
court,
or two justices of the peace of the county wherein such judgment or decree
is
obtained, within two months after the rendition of such judgment, and
together
with two other persons, such as the said justice or justices shall approve
of,
confess judgment for his debt, and costs of suit adjudged or decreed, with
stay of
execution as aforesaid, which confession shall be in manner and form as
aforesaid;
and such confession shall be signed by the justice or justices taking the
same, and certificate thereof procured under the hand of him or them; and
such certificate shall be a sufficient supersedeas to the sheriff
as herein before
mentioned. |
Not on certain
judgments,
&c. |
III. And be
it enacted, That from and after the tenth day of May aforesaid
no execution for the body or goods of any person or persons in this state,
shall
issue on any judgment rendered by a single magistrate, provided such
person or
persons shall go before any justice of the peace of the county wherein
such judgment
shall be obtained, within two months after the rendition of such judgment,
and, together with security, such as the justice shall approve of, confess
judgment
for the debt, and costs of suit adjudged, with stay of execution as aforesaid;
which confession shall be in manner and form as aforesaid, and shall
be signed by
the justice taking the same, and certificate thereof shall be procured
under his
hand, which shall be a sufficient supersedeas as aforesaid. |
A certificate,
in certain
cases, to be a
supersedeas,
&c. |
IV. And be it
enacted, That if the party be taken in execution before any
certificate, provided the confession of judgment therein certified
shall been
made within two months after the rendition of the original judgment as
aforesaid,
be produced as aforesaid, such certificate, being afterwards obtained,
shall be a
sufficient supersedeas to the sheriff to release such person out
of prison upon that
execution, the party paying or giving security to such sheriff for his
fees due for
that imprisonment; and the judge, justice or justices, before whom such
judgment
shall be confessed as aforesaid, shall return the same to the clerk or
register,
as the case may be, of the respective court where the first judgment was
obtained,
or, in case the said confession was on the judgment of a single magistrate,
to the
clerk of the county wherein such judgment was rendered, by the next court
in
course which shall be held after the taking the first confession, to be
entered on record,
under the penalty of three pounds current money for every neglect, to be
recovered
by any person who shall sue for the same, by action of debt or bill
of indictment,
in the county court of the county where the said judge, justice or justices
reside; for which entry such clerk or register shall receive, as a fee,
five pounds |
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