1910 ARTICLE 52.

in any such judgment shall file a copy of the judgments 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 cannot 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
sec. 42, constitute liens according to their priority upon an equitable interest, ren-
dering it liable to sale. Hinkle v. Wilson, 53 Md. 294.

The law was to contrary prior to adoption, of this section. Candler v. Fisher, 11
Md. 332. See also Coombs v. Jordan, 3 Bl. 309.

This section referred to in construing art. 93, sec. 120—see notes thereto. New-
comer v. Beehler, 116 Md. 651.

Cited but not construed in Union Bank v. Shriver, 68 Md. 436.

As to supplementary proceedings upon judgments rendered by justices of the
peace, see art. 75, sec. 152.

As to the issue of the writ of habere facias possessionem upon executions issued
on magistrate's judgments, see art. 75, sec. 102.

An. Code, sec. 41. 1904, sec. 39. 1888, sec. 37. 1868, ch. 443. 1880, ch. 400. 1890, ch. 402.

43. 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 properly
indexed; said judgments shall be liens from the date of such recording;
the said clerk shall enter any of said judgments satisfied upon the order
in writing of the plaintiff or his attorney and shall file such order in his
office.

See notes to sec. 42.

An. Code, sec. 42. 1904, sec. 40. 1888, sec. 38. 1868, ch. 443. 1888, ch. 235.

44. No sale of any real or leasehold property under any execution
issued by any justice of the peace shall be valid; but when the plaintiff
desires execution against such property of the defendant, the clerk of the
court where the judgment is recorded shall issue such execution to the
sheriff, to be proceeded with by him as in other executions directed to him.
See notes to sec. 42.

Attachments.

An. Code, sec. 43. 1904, sec. 41. 1888, sec. 39. 1849, ch. 269, sec. 1. 1852, ch. 276, sec. 2.

45. Any person making the affidavit and exhibiting the proofs and
vouchers necessary to authorize an attachment to be issued from the circuit
court against a non-resident or absconding debtor may have an attachment
issued by a justice of the peace against such debtor, if the cause of action
does not exceed one hundred dollars.

Cited but not construed in Weed v. Lewis, 80 Md. 128.

See secs. 6 and 74 and notes. See art. 9, secs. 31, 32 and 43.