1918 ARTICLE 52.

Claimant of Property Taken Under Execution.

An. Code, see. 73. 1904, sec. 71. 1888, sec. 69. 1870, ch. 84.

76. 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 jus-
tice 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 dis-
charged 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 war-
rant 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 prop-
erty to the claimant, the justice shall require security of the claimant for
the safe keeping and return of the property to await the determination
of the appeal.

Extent of magistrate's powers, and purpose of this section discussed. A claimant
who acts in pursuance of this section is not barred from bringing suit for the wrong-
ful taking and detention. Clark v. Dressel, 56 Md. 150.

Cited but not construed in State v. Brown, 54 Md. 326.

See art. 9, sec. 47, et seq.

An. Code, sec. 74. 1904, sec. 72. 1888, sec. 70. 1870, ch. 84.

77. Upon appeal from an order or judgment under the preceding sec-
tion, the court hearing such appeal shall give such judgment respecting
the property, the expense of keeping it, and any injury done it as may
appear to be most equitable to all parties.

Cited but not construed in State v. Brown, 54 Md. 326.

Profanity Before Justice.

An. Code, sec. 75. 1904, sec. 73. 1888, sec. 71. 1723, ch. 16, sec. 2. 1822, ch. 91.

78. Any fine imposed by a justice of the peace for swearing in his
presence contrary to law shall be placed in the hands of a constable for
collection by execution or otherwise, and when collected shall be paid by
the constable to the county commissioners of the county or the mayor and
city council of Baltimore, as the case may be.

Probates, Affidavits and Other Instruments.

An. Code, sec. 76. 1904, sec. 74. 1888, sec. 72. 1801, ch. 74, sec. 31.

79. Justices of the peace shall write and prepare all probates, affida-
vits, supersedeas and other instruments to be executed by them when re-
quired, except acknowledgments of deeds.