1914 ARTICLE 52.

judgment or upon an authenticated copy thereof and shall be returnable
before the justice issuing the same or before any other justice who may be
named therein.

Supersedeas and Execution.

An. Code, sec. 56. 1904, sec. 54. 1888, sec. 52. 1791, ch. 67, sec. 4. 1826, ch. 194.
1860, ch. 132, sec. 3. 1896, ch. 207.

59. No execution shall issue upon any judgment or decree obtained
in any circuit court for any county of this State, provided the defendant
therein shall come before a justice of the peace of the county where such
judgment or decree was rendered within two months after the rendition
of such judgment or decree, and, together with two other persons such as
the said justice shall approve of, confess judgment for his debt and costs
of suit, adjudged or decreed, with stay of execution for six months there-
after, which confession shall be made in manner and form following—
that is to say: " You, ————, do confess judgment to ————, for the
sum of ———— and costs, which were recovered by the said ————,
against ————, on the ———— day of ————, in the ———— court; the
said ———— to be levied of your goods and chattels, lands or tenements,
for the use of the said ————, in case the said ———— shall not pay and
satisfy to the said ————, the said ———— so as aforesaid recovered
against him, with the additional costs 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 de-
fendant resides; provided, 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the judgment or decree intended to be superseded was rendered.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 law-
ful 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
Baltimore city or the Baltimore city court, but such supersedeas shall be
taken by the clerks of said courts respectively.

Where clerk corrects an erroneous date inadvertently filled in, the judgment of
supersedeas should be struck out. How mistakes in supersedeas should be corrected.
Bowes v. Isaacs, 33 Md. 539; Smith v. Bowers, 38 Md. 465; Backus v. State, 118
Md. 540.

The original judgment is not merged or destroyed by judgment of supersedeas;
plaintiff may pursue his remedy at his option, either on original or supersedeas
judgment. (See sec. 72). Smith v. Anderson, 18 Md. 526.

In taking a supersedeas, the clerk should pursue the simple form contained in
this section. Backus v. State, 118 Md. 542.

The act of 1791, ch. 67, sec. 4, was altered as to magistrate's judgments by the act
of 1801, ch. 62 (see sec. 71). Candler v. Fisher, 11 Md. 336.

Cf. sec. 64, et seq. See art. 17, sec. 32, et seq.

As to executions, see also art. 26, sec. 20, and art. 83, sec. 1, et seq.