1292 JUSTICES OF THE PEACE. [ART. 52

to him may appear just and right, with such costs as may have accrued
in the case; which judgment, if in favor of the defendant, shall be of
equal effect as a judgment in favor of the plaintiff and may be enforced
in the same manner.

This section contemplates and requires a trial, and though the trial is
ex parte, the plaintiff must prove his claim. Wagner v. Shank, 59 Md. 321.

1904, art. 52, sec. 37. 1888, art. 52, sec. 35. 1884, ch. 327.

39. The costs attending the issue of warrants of the peace and of
the execution thereof and taking of recognizance thereunder shall be
charged to and collected from the person at whose instance such war-
rant is issued; and no justice of the peace or constable shall charge any
costs of such proceeding against the county nor collect the same from
the county commissioners thereof.

Ibid. sec. 38. 1888, art. 52, sec. 36. 186S, ch. 443. 1880, ch. 400.

40. All judgments rendered by justices of the peace within the
city of Baltimore or in any of the counties of this State, may be made
liens on the real estate or leasehold interest and terms for years of the
defendant in land in the city of Baltimore, or in the county where the
same have been so rendered, except leases from year to year and leases
for terms of not more than five years, not renewable, to the same extent
and effect as liens are now created by judgment upon real estate, whenj
ever the plaintiff in any such judgment shall file a copy of the judg-
ments under the hand and seal of the justice by whom the same was
rendered with the clerk of the superior court of Baltimore city, or with
the clerk of the circuit court for the county, as the case may be, where
said judgment was rendered, to be by such clerk recorded in a book
kept for that purpose, and for which said clerk shall receive twenty-
five cents in each case, which sum shall be recovered by the plaintiffs as
a part of the costs of the judgment; and if for any cause such copy can-
not be had from the justice rendering such judgment, then the clerk,
as aforesaid, shall record such judgment from the docket of the justice
when produced to him and shall give to the plaintiff a certified copy
thereof when so recorded.

Magistrate's Judgments duly recorded and on which executions are issued
under section 40, constitute liens according to their priority upon an equitable
Interest, rendering it liable to sale. Hinkle v. Wilson, 53 Md. 294.
The law was to the contrary prior to the adoption of this section. Candler
v. Fisher, 11 Md. 332. See also, Coombs v. Jordan, 3 Bl. 309.
Cited but not construed in Union Bank v. Shrlver, 68 Md. 436.
As to supplementary proceedings upon Judgments rendered by Justices of
the peace, see art. 75, sec. 143.
As to the issue of the writ of habere facias possessionem upon executions
issued on magistrate's judgments, see art. 75, sec. 96.

Ibid. sec. 39. 1S8S, art. 52. sec. 37. 1868, ch. 443. 1880, ch. 400. 1890, ch. 402.

41. The said clerk shall record the said judgment forthwith, and
shall endorse thereon the time and place of its record and may then
deliver the same to the plaintiff, and the clerk shall have said judgments