ART. 68.] JUSTICES OF THE PEACE AND CONSTABLES.
REPLEVIN.
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735
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25. In all actions of replevin, the proceedings before justices of
the peace shall be similar to those in the several Circuit Courts of
this State.
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Art 51, s 15
1852, c 239, s 2
Proceedings
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26. Before issuing a replevin, the justice shall require and take
from the party demanding such writ, a bond to the party holding
the property, with one or more securities, whom the said justice shall,
in his conscience, believe to be worth double the value of the specific
article of property intended to be replevied; with condition that if
the above bound ———— do and shall well and truly prosecute the said
writ of replevin with effect, and also, shall and will return the goods
and chattels aforesaid, if the same be adjudged, and in all things
abide by and perform the judgment of the said justice, or of such other
justice of the peace in and for the said county as shall decide in the
premises, then the said obligation to be void, else to be and remain
in full force and virtue in law
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Id s 36
1835, c 201,s 13,
1832, c 239, s 2 ,
1856, c 112, ss
18-25
Proceeding to
replevin
Bond
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2 7. The plaintiff suing out a replevin, or any other person on his
behalf, may give the bond requhed by the preceding section, but the
securities, in all cases, ought to be amplc.
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Id s 37
1836, c 201,s n
Who may give
such bond
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28. If the summons in replevin shall be returned served, and the
defendant shall fail to appear, the justice shall fix a day of trial, not
less than six nor more than fourteen days from the return day, and
shall pioceed to try such replevin ex parte on the day so fixed if the
defendant does not appear; or if the summons is returned non est,
the justice shall renew the same, returnable not less than ten days
from the issuing thereof, and if such renewed summons be returned
non est, the justice shall proceed as if the defendant had been re-
turned summoned and had failed to appear.
PROCESS.
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Id B 38
1852, c 76, s 3 ,
1832, c 33G
Proceeding in
replevin where
delend.tnt falls
to appear.
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29. Any justice of the peace may issue an execution or any other
process on any judgment rendered by a justice of the peace of his
county, or any supersedeas taken on such judgment, after the stay
expires, either on the original judgment or on a copy thereof from
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Art 51, s 59
1801, c 62, s 2
Any justice
may issue pro-
cess on judg-
ment of another
justice of his
county.
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the docket of another justicc.
30. Any justice of the peace may issue an attachment by way of
execution in any case where he is authorized to issue a fieri facias.
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Id s 60
1858, c 201, s 1.
May issue at-
tachment by
way of execu-
tion
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31m Any justice may issue execution or any other process on a
short copy of a judgment rendered by a justice of any other county
or city in this State; provided, said short copy be certified by the
clerk of the Circuit Court where the judgment was rendered, under
the seal of his office; and if such judgment was rendered in the
city of Baltimore, the same be certified as aforesaid by the clerk of
the Superior Court.
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Id s 61
1831, c 271,
1845, c 222, s 1
May issue pro-
cess on short
copy of judg-
ment rendered
by a justice of
any other
county
How certified
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32. If any justice of the peace shall die, or shall cease to act as
such from any other cause, any justice of the peace in the same
county shall have the same power to receive returns of writs or pro-
cess, to issue any writ or process, and to do all other acts in relation
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Id s 62
1845, c 379, s 8
When justice
ceases to act,
who to receive
returns
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