458 CLERKS OF COURTS. [ART. 17

1904, art. 17, sec. 27. 1888, art 17, sec. 25. 1860, art. 18, sec. 23.
1860, ch. 132, sec. 1.

28. The clerks of the circuit courts for the several counties, of the
superior court of Baltimore city, the court of common pleas, the Balti-
more city court, and the circuit court and circuit court No. 2 of Balti-
more city shall have the power and jurisdiction to take supersedeas of
judgments and decrees in their respective courts, as a justice of the
peace in the counties has by law; and the supersedeas so taken shall
have the same effect as if taken by a justice of the peace; and every
surety in a supersedeas of a judgment rendered in the respective courts,
and superseded before the clerks of said courts, shall sign the same, or
if he cannot write shall make his mark, to be attested by the clerk; and
the several clerks shall be entitled to a fee of twenty-five cents for each
supersedeas.

The clerk acts under this section by virtue of a special authority, and not
in the discharge of his ordinary duties. He has no authority to change the
date of a supersedeas. and if he does so the supersedeas will be stricken out.
Smith v. Bowes. 38 Md. 465; Bowes v. Isaacs. 33 Md. 539.

The supersedeas operates as a stay of execution, and Is itself a Judgment
on which execution may issue by order of court. Bowes v. Isaacs, 33 Md. 539.

See art. 52, sec. 56, et seq.

Ibid. sec. 28. 1888, art. 17. sec. 26. 1860. art. 18. sec. 24. 1860. ch. 132, sec. 2.

29. It shall be the duty of the clerks of the respective courts and
of the justices of the peace, in taking the supersedeas of any judgment,
to accept no party as a superseder unless satisfied that he is worth in
real or personal estate, over and above his actual debts, the full amount
of the judgment proposed to be superseded.

The clerk acts under this section, in pursuance of a special authority which
may be exercised in or out of court. Bowes v. Isaacs, 33 Md. 539; Smith v.
Bowes, 38 Md. 465.
See notes to sec. 28.

Ibid. sec. 29. 1888. art. 17. sec. 27. 1860, art. 18. sec. 25. 1860. ch. 132, sec. 3.

30. It shall not be lawful for the justice? of the peace of the city
of Baltimore to take supersedeas of any judgment recovered in the
court of common pleas, the superior court of Baltimore city, or the
Baltimore city court, or of any decree entered in the circuit court or
circuit court No. 2 of Baltimore city, but such supersedeas shall be
taken by the clerks of said courts, respectively.
See art. 52. sec. 56, et seq.

Ibid. sec. 30. 1888. art. 17. sec. 28. 1860. art. 18. sec. 26. 1853, ch. 412.

31. The clerks of the several circuit courts for the counties, the
clerk of the court of common pleas, and of the circuit court and circuit
court No. 2 of Baltimore city shall each have concurrent power with
the judge of his court to pass all orders nisi for the ratification of
auditor's reports and accounts, but not final orders.

Ibid. sec. 31. 1888, art. 17, sec. 29. 1860, art. 18, sec. 27. 1852, ch. 173, sec. 1.

32. The clerks of the circuit courts for the counties, and the clerk
of the circuit court and circuit court No. 2 of Baltimore city, and of