736

JUSTICES OF THE PEACE AND CONSTABLES. [ART. 68.

thereto as such justice would have had if he were living and acting
as a justice of the peacc.

Id s 63

1845, c 379.
Constable to
notify plaintiff,
when returns
are made.

33. If any constable or other officer returns process before another
justice by reason of the death or disqualification of the justice before
whom the same was returnable, he shall give notice previous to the
return thereof, to the plaintiff or his agent, and the defendant, of the
justice before whom he intends returning the same.

SCIRE FACIAS

Art 51,s 34
1801, c 62, s 4,
1823, c 194
When MI fa
may bo issued

34. Where any judgment rendered by a justice of the peace, or
any supersedeas on such judgment, shall have continued for more
than three years without being satisfied, the same may be revived by
a scire facias, returnable on a certain day not exceeding forty days
from the issuing thereof; and scire facias may be issued by a justice
when either of the parties die or marry after a judgment has been
rendered by a justicc.

Id s 35
1791, c 68, s 6,
1801,c 62, s 4
How Issued and
made return-
able

33. 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.

LIEN OF EXECUTION ON JUSTICE'S JUDGMENT.

1868, c 443
How execution
made a lieu on
real or lease-
hold eState.
11 Md 332

36. No execution issued upon a judgment rendered by any of
the justices of the peace within any of the counties of this State, or
in the city of Baltimore, and levied upon any real estate or lease-
hold property of the defendant in such judgment, shall be a lien
upon the real estate or leasehold property upon which it is so levied,
unless at or before the time of issuing such execution the plaintiff in
such judgment shall file the same with the clerk of the Circuit Court
in which the defendant resides, or with the clerk of the Superior
Court of Baltimore City, if the defendant resides in said city, to be
recorded by him in a book kept for that purpose, for which he shall

Costs

receive twenty-five cents in each case, which sum shall be recovered
by the plaintiff as part of the costs of his execution

1868, c 443.
Judgment
recorded

3 7. The said clerk shall record the said judgment forthwith, and
shall indorse thereon the time and place of its record, and may then
deliver the same to the plaintiff.

1868, c 443.
When sale
uuder execu-
tion valid.

38. No sale of any real or leasehold property made by any con-
stable under any execution issued upon any judgment rendered by
any justice of the peace of this State shall be valid unless it shall
appear that the provisions of the two preceding sections have been
complied with.