CLERKS OF COURTS 669

An. Code, 1924, sec. 32. 1912, sec. 28. 1904, sec. 27. 1888, sec. 25. 1860, ch. 132, sec. 1.

39. The clerks of the circuit courts for the several counties, of the
superior court of Baltimore City, the court of common pleas, the Baltimore
City court, and the circuit court and circuit court No. 2 of Baltimore City
shall have the power and jurisdiction to take supersedeas of judgments and
decrees in their respective courts, as a justice of the peace in the counties
has by law; and the supersedeas so taken shall have the same effect as if
taken by a justice of the peace; and every surety in a supersedeas of a
judgment rendered in the respective courts, and superseded before the
clerks of said courts, shall sign the same, or if he cannot write shall make
his mark, to be attested by the clerk; and the several clerks shall be entitled
to a fee of twenty-five cents for each supersedeas.

No power is conferred by this section upon the clerk of the criminal court of Balti-
more City to take supersedeas of a judgment rendered in that court. In taking a super-
sedeas, the clerk should pursue the form contained in art. 52, sec. 61. Backus v. State,
118 Md. 540.

The clerk acts under this section by virtue of a special authority, and not in the dis-
charge of his ordinary duties. He has no authority to change the date of a supersedeas,
and if he does so, the supersedeas will be stricken out. Smith v. Bowes, 38 Md. 465;
Bowes v. Isaacs, 33 Md. 539; Backus v. State, 118 Md. 540.

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. 61, et seq.

An. Code, 1924, sec. 33. 1912, sec. 29. 1904, sec. 28. 1888, sec. 26. 1860, ch. 132, sec. 2.

40. 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proposed to be superseded.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. 39. Backus v. State, 118 Md. 542.

See notes to sec. 39.

An. Code, 1924, sec. 34. 1912, sec. 30. 1904, sec. 29. 1888, sec. 27. 1860, ch. 132, sec, 3.

41. 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. 61, et seq.

An. Code, 1924, sec. 35. 1912, sec. 31. 1904, sec. 30. 1888, sec. 28. 1853, ch. 412.

42. 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, 1924, sec. 36. 1912, sec. 32. 1904, sec. 31. 1888, sec. 29. 1852, ch. 173, sec. 1.

43. 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