JUSTICES OF THE PEACE. 1913

property, with one or more securities who shall make oath before the said
justice that he is or they are worth each double the value of the specific
article or articles of property intended to be replevied over and above all
debts and exemptions and whom the said justice shall in his conscience
believe to be so worth, with condition that if the above bound ———— do
and shall well and truly prosecute the said writ of replevin with effect and
also shall and will return the goods and chattels aforesaid, if the same
be adjudged, and in all things abide by and perform the judgment of the
said justice, or of such other justice of the peace in and for said county,
as shall decide in the premises, or of the circuit court for the county, or
Baltimore city court, as the case may be, then the said obligation to be
void, else to be and remain in full force and virtue in law.

The giving of a bond under this section does not obviate the necessity of an appeal
bond. State use of Whitehill v. Carrick, 70 Md. 591.

An. Code, sec. 52. 1904, sec. 50. 1888, sec. 48. 1835, ch. 201, sec. 13.

55. The plaintiff suing out a replevin, or any other person on his be-
half, may give the bond required by the preceding section, but the securi-
ties in all cases ought to be ample.

An. Code, sec. 53. 1904, sec. 51. 1888, sec. 49. 1852, ch. 76, sec. 3. 1852, ch. 336.

56. If the summons in replevin shall be returned served and the de-
fendant shall fail to appear, the justice shall fix a day of trial not less than
six nor more than fourteen days from the return day and 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 est, 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 summoned and had failed to appear.

The right to proceed to judgment after two non-ests, upheld and discussed.
Heinekamp v. Beaty, 74 Md. 393 (individual opinion).

Scire Facias.

An. Code, sec. 54. 1904, sec. 52. 1888, sec. 50. 1801, ch. 62, sec. 4. 1823, ch. 194.

1888, ch. 235.

57. Judgments rendered by justices of the peace may be revived at
any time within twelve years from their date by scire facias returnable
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 repre-
sentatives shall have the right upon application to the justice to appear
and be made a party to said judgment, and whenever 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.

An. Code, sec. 55. 1904, sec. 53. 1888, sec. 51. 1801, ch. 62, sec. 4.

58. 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