clear space clear space clear space white space
A
 r c h i v e s   o f   M a r y l a n d   O n l i n e

PLEASE NOTE: The searchable text below was computer generated and may contain typographical errors. Numerical typos are particularly troubling. Click “View pdf” to see the original document.

  Maryland State Archives | Index | Help | Search
search for:
clear space
white space
The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 1300   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>
clear space clear space clear space white space

1300 JUSTICES OF THE PEACE. [ART. 52

1904, art. 52, sec. 68. 1888, art. 52, sec. 66. 1860. art. 51, sec. 59.
1801, ch. 62, sec. 2.

70. Any justice of the peace may iasue an execution or any other
process on any judgment rendered by a justice of the peace of his
county or on any supersedeas taken on such judgment after the stay
expires either on the original judgment or on a copy thereof from the
docket of another justice.

Cited but not construed in Candler v. Fisher, 11 Md. 337.

Ibid. sec. 69. 1888, art. 52. sec. 67. 1860, art. 51, sec. 60. 1853, ch. 201, sec. 1.

71. Any justice of the peace may issue an attachment by way of
execution in any case where he is authorized to issue a fieri facias.
Cited but not construed in Weed v. Lewis, 80 Md. 128.
See sections 6 and 43, et seq.

Ibid. sec. 70. 1888, art. 52, sec. 68. 1860, art. 51, sec. 61. 1831, ch. 271.
1845, ch. 222, sec. 1.

72. Any justice may issue execution or any other process on a
short copy of a judgment rendered by a justice of any other county
or city in this State; provided said short copy be certified by the clerk
of the circuit court for the county where the judgment was rendered
under the seal of his office, and if such judgment was rendered in the
city of Baltimore, provided the same be certified as aforesaid by the
clerk of the superior court.

Claimant of Property Taken Under Execution.

Ibid. sec. 71. 1888, art. 52, sec. 69. 1870, ch. 84.

73. When an execution on a judgment of a justice of the peace is
levied upon property claimed by any person other than the party
against whom it issued, such person or his agent or attorney may apply
to a justice of the peace of the county or city in which the levy is for
a warrant to a constable, requiring him to summon both the judgment
creditor and debtor to show cause why the property so levied upon
should not be discharged from the levy, and said warrant shall be
returnable in not less than five days; and if an earlier day shall have
been fixed for the sale of the property so levied upon, the justice shall
make an order on the warrant requiring a postponement of the same
until after the return day; and upon hearing the parties, or such of
them as may attend after being summoned, he shall order the property
to be delivered to the claimants, or the person from whom it was taken,
or shall dismiss the summons, as may seem most proper, and may give
such judgment for costs as shall seem just, subject, however, to the
right of appeal as now provided by law; and upon appeal from the
judgment of a justice awarding the property to the claimant, the jus-
tice shall require security of the claimant for the safe keeping and
return of the property to await the determination of the appeal.

The extent of the magistrate's powers, and the purpose of this section
discussed. A claimant who acts in pursuance of this section is not barred

 

clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 1300   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>


This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user.


Tell Us What You Think About the Maryland State Archives Website!



An Archives of Maryland electronic publication.
For information contact mdlegal@mdarchives.state.md.us.

©Copyright  August 16, 2024
Maryland State Archives