CLERKS OF COURTS. 561

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; Backus
v. State, 118 Md. 540.

See art. 52, sec. 59, et seq.

An. Code, sec. 29. 1904, sec. 28. 1888, sec. 26. 1860, ch. 132, sec. 2.

33. 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proposed to be superseded.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.

This section referred to in construing sec. 32. Backus v. State, 118 Md. 542.
See notes to sec. 32.

An. Code, sec. 30. 1904, sec. 29. 1888, sec. 27. 1860, ch. 132, sec. 3.

34. It shall not be lawful for the justices 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. 59, et seq.

An. Code, sec. 31. 1904, sec. 30. 1888, sec. 28. 1853, ch. 112.

35. 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.

An. Code, sec. 32. 1904, sec. 31. 1888, sec. 29. 1852, ch. 173, sec. 1.

36. 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 the court
of common pleas may each pass all orders nisi for the ratification of sales
made and reported under decrees or orders of the court of which he is
clerk, but not final orders.

An. Code, sec. 33. 1904, sec. 32. 1888, sec. 30. 1852, ch. 173, sec. 2.

37. Every clerk may issue commissions to take testimony in common-
law cases to the standing commissioners appointed by his court for that pur-
pose, and, if the parties agree thereto in writing, may issue a commission
to any person or persons named in such agreement.

If the clerk in issuing the commission writes the defendant's name as "John.
Turner," whereas it should have been " John Peterson," and there is nothing to
show that there is no case in the court against " John Turner," the commission is
not evidence. Ellicott v. Peterson, 4 Md. 485.

See art. 35, sec. 19, et seq.