1296 JUSTICES OF THE PEACE. [ART. 52

shall proceed to try such replevin ex parte on the day so fixed, if the
defendant does not appear, or, if the summons is returned non esi, the
justice shall renew the same returnable not less than ten days from
the issuing thereof, and if such renewed summons be returned non est.
the justice shall proceed as if the defendant had been returned sum-
moned and had failed to appear,

The right to proceed to Judgment after two non-eats, upheld and discussed.

Heinekamp v. Beaty, 74 Md. 393 (individual opinion).

Scire Facias.

1904, art. 52, sec. 52. 1888, art. 52, sec. 50. 1860, art. 51, sec. 34.
1801, ch. 62, sec. 4. 1823, ch. 194. 1888, ch. 235.

54. Judgments rendered by justices of the peace may be revived
at any time within twelve years from their date by scire facias return-
able on a certain day not less than twenty nor more than thirty days
from the issuing thereof And whenever any plaintiff shall die his
personal representatives shall have the right upon application to the
justice to appear and be made a party to said judgment, and when-
ever any defendant shall die within twelve years from the date of any
judgment a scire facias may be sued out upon the application of the
plaintiff to revive said judgment against the personal representatives
of said defendant.

Ibid. sec. 53. 1888, art. 52, sec. 51. 1860, art. 51, sec. 35. 1801, ch. 62, sec. 4.

55. Such scire facias may be issued by any justice of the peace
of the county or city where the judgment was rendered, either on the
original judgment or upon an authenticated copy thereof and shall be
returnable before the justice issuing the same or before any other jus-
tice who may be named therein.

Supersedeas and Execution.

Ibid sec. 54. 1888, art. 52, sec. 52. 1860, art. 51, sec. 45. 1791, ch. 67, sec. 4.
1826, ch. 194. 1860, ch. 132, sec. 3. 1896, ch. 207.

56. No execution shall issue upon any judgment or decree obtained
in any circuit court for any county 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 judg-
ment to ————, for the sum of ———— and costs, which were recov-
ered by the said ————, against ————, on the ———— day of ————,
in the ———— court; the said ———— to be levied of your goods and
chattels, lands or tenements, for the use of the said ————, in case
the said ———— shall not pay and satisfy to the said ————, the said
———— so as aforesaid recovered against him, with the additional costs