ART. 52] SUPERSEDEAS AND EXECUTION. 1297

thereon, on the ———— day of ———— next," which confession shall be
signed by the justice before whom the same is made and forthwith
returned to the clerk of the court in which the judgment or decree was,
rendered, who shall record the same; if the judgment was rendered in
the court of appeals the confession aforesaid may be made before a
justice of the peace in the county where the defendant resides; pro-
vided, however, that no such confession of judgment shall operate as a
supersedeas of or delay the issuing of an execution upon any judgment
or decree rendered by any of the circuit courts or the court of appeals
of this State, unless the same be approved, both as to form and the
sufficiency of the security by the clerk of the court where the judgment
or decree intended to be superseded was rendered. This section shall
not apply to the city of Baltimore; and it shall not be lawful for the
justices of the peace in said city to take supersedeas of any judgment
recovered in the court of common pleas, the superior court of Balti-
more city or the Baltimore city court, but such supersedeas shall be
taken by the clerks of said courts respectively.

Where the clerk corrects an erroneous date inadvertently filled in, the
judgment of supersedeas should be struck out. How mistakes in the super-
sedeas should be corrected. Bowes v. Isaacs, 33 Md. 539; Smith v. Bowes,
38 Md. 465.

The original Judgment is not merged or destroyed by the Judgment of
supersedeas; the plaintiff may pursue his remedy at his option, either on the
original or supersedeas judgment. (See section 69). Smith v. Anderson, 18
Md. 526.

The act of 1791, ch. 67, section 4. was altered as to magistrate's Judgments
by the act of 1801, ch. 62 (see section 68). Candler v. Fisher, 11 Md. 336.
Cj. sec. 61, et seq.

As to executions, see also art. 26, sec. 20, and art S3, sec. 1, et seq.
See art. 17, sec, 28, et seq.

1904, art. 52, sec. 55. 1888, art. 52, sec. 53. 1860, art. 51, sec. 46. 1791, ch. 67,
sec. 4. 1792, ch. 74, sec. 1.

57. The plaintiff in any judgment or decree may issue execution
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 provided in the preceding
section; but if the defendant shall supersede as aforesaid within the
two months, it shall stay any execution previously issued and the sheriff
shall not proceed on such execution if the defendant shows him a cer-
tificate of the justice that the judgment has been superseded, the defend-
ant paying the cost of the execution.

Ibid. sec. 56. 1888, art 52, sec. 54. 1860, art. 51, sec. 47. 1826, ch. 194,
sec. 2. 1829, ch. 166, sec. 1. 1830, ch. 80. 1834, ch. 126.

58. The stay of execution on a supersedeas taken under the preced-
ing sections shall be computed from the date of the supersedeas, but
where a judgment has been confessed in the circuit court at the second
term thereof with stay of execution till the next term, the stay of execu-
tion by supersedeas on such judgment shall be computed from the first
Thursday of the term next ensuing the said second term; and when the
judgment of a justice of the peace is superseded, the stay of execution
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