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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 2239   View pdf image (33K)
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JUSTICES OF THE PEACE 2239

An. Code, 1924, sec. 64. 1912, sec. 61. 1904, sec. 59. 1888, sec. 57. 1791, ch. 67, sec. 3.
1809, ch. 76, secs. 2, 3. 1834, ch. 257. 1870, ch. 80, secs. 1-3. 1886, ch. 358. 1888, ch. 282.

66. No execution shall issue on any judgment rendered by any jus-
tice of the peace of this State, if the defendant in said judgment shall
within two months after the rendition of such judgment produce before
the justice who rendered the same a supersedeas, which shall be substan-
tially in the following form: State of Maryland, (city or county,) to wit.
"We, ————, do confess judgment to ———— for the sum of ————
and costs, which were recovered by the said ———— against the said
———— on the ———— day of ————, before ————, justice of the peace
for the State of Maryland, for the county or city aforesaid; the said debt
and costs to be levied of our goods and chattels, lands and tenements, for
the use of the said ————; in case the said ———— shall not pay and
satisfy to the said ——— the aforesaid judgment and cost, with any
additional costs thereon, at the expiration of six months from the date
of said judgment." The stay on any judgment rendered by a justice of
the peace shall be six months from the date of the judgment, and the said
supersedeas shall be signed by the defendant or defendants and one or
more sureties, who shall make oath before some justice of the peace that
he is or they are worth each double the amount of debt, interest' and
costs over and above all debts and exemptions; which supersedeas when
produced before the justice who rendered the judgment and accepted by
him as sufficient to answer the debt, interest and costs shall be entered
upon his docket as a judgment confessed by the superseder or superseders
therein.

See sec. 61, et seq., and notes.

See art. 17, secs. 39, 40 and 41.

An. Code, 1924, sec. 65. 1912, sec. 62. 1904, sec. 60. 1888, sec. 58. 1809, ch. 76, sec. 3.

67. If the justice who rendered the judgment be dead or out of office,
the defendant may supersede the same before any other justice of the
same county upon a short copy of the judgment.

An. Code, 1924, sec. 66. 1912, sec. 63. 1904, sec. 61. 1888, sec. 59. 1834, ch. 257, sec. 2.

68. A justice of the peace may take one person as security on a
supersedeas of a judgment of a justice of the peace.

An. Code, 1924, sec. 67. 1912, sec. 64. 1904, sec. 62. 1888, sec. 60. 1825, ch. 223. 1835,

ch. 224, sec. 2.

69. If a justice, in taking a supersedeas, reads over the form herein-
before prescribed to the party and his security, he may enter the same
short on his docket or on the judgment, in this form or to this effect:
"Superseded by A. B. and C. D. (as the case may be,) this ———— day
of ———— for ———— months," which shall be as valid as if the con-
fession had been written out at length in the form hereinbefore given.

A supersedeas judgment must state date when same was confessed. Dilley. v. Shipley,
4 Gill, 49 (explained as to ground of decision in Brumbaugh v. Schnebly, 2 Md. 325).

An. Code, 1924, sec. 68. 1912, sec. 65. 1904, sec. 63. 1888, sec. 61. 1843, ch. 321.

70. Every security in a supersedeas of a judgment rendered by a jus-
tice of the peace shall sign the same; or, if he can not write, make his


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 2239   View pdf image (33K)
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