JUSTICES OF THE PEACE 2237
Scire Facias.
An. Code, 1924, sec. 57. 1912, sec. 54. 1904, sec. 52. 1888, sec. 50. 1801, ch. 62, sec. 4.
1823, ch. 194. 1888, ch. 235.
59. 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, 1924, sec. 58. 1912, sec. 55. 1904, sec. 53. 1888, sec. 51. 1801, ch. 62, sec. 4.
60. 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
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, 1924, sec. 59. 1912, sec. 56. 1904, sec. 54. 1888, sec. 52. 1791, ch. 67, sec. 4.
1826, ch. 194. 1860, ch. 132, sec. 3. 1896, ch. 207.
61. 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
|
|