ART. 68.] JUSTICES OF THE PEACE AND CONSTABLES. 737

CLAIMANTS OF PROPERTY TAKEN UNDEE EXECUTION.
3,9. When an execution on a judgment of a justice of the peace is levied upon property claimed by any person other than the party against whom it issued, such person or his agent or attorney may apply to a justice of the peace of the county or corporation in which the levy is for a warrant to a constable, requiring him to summon both the judgment creditor and debtor, to show cause why the prop- erty so levied upon should not be discharged from the levy, and said warrant shall be returnable in not less than five days; and if an earlier day shall have been fixed for the sale of the property so levied upon, the justice shall make an order on the warrant requiring a postponement of the same until after the return day; and upon hearing the parties, or such of them as may attend after being sum- moned, he shall order the property to be delivered to the claimants, or the person from whom it was taken, or shall dismiss the sum- mons, as may seem most proper, and may give such judgment for costs as shall seem just, subject, however, to the right of appeal, as now provided by law; and upon appeal from the judgment of a justice awarding the property to the claimant, the justice shall re-	1870, c 84 Proceedings when execution on judgment as levied on prop- erty claimed by a third party
quire security of the claimant for the safe keeping and return of the property, to await the determination of the appeal.	Security on appeal
40. Upon appeal from an order or judgment under the preceding section, the court hearing such appeal shall give such judgment respecting the property, the expenses of keeping it, and any injury done it as may appear to be most equitable to all parties. SUPERSEDEAS AND EXECUTION.	1870, c 84 Appeal Judgment
41m No execution shall issue upon any judgment or decree ob- tained in any court of record 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	Id s 45 1791, C 67, 88 1-4 , 1809, c 76, s 3 , 1820, c 194 Supersedeas 28 Md 388 , 33 Md 545
for his debt and costs of suit, adjudged or decreed, with stay of exe- cution for six months thereafter; which confession shall be made	Time of stay
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 or chattels, lands or tenements, for the use of the said ———— , in case the said ———— shall not pay and satisfy to the said ———— , so as aforesaid recovered against him, with the additional costs thereon, on the ———— day of ———— next " Which confes- sion shall be signed by the justice before whom the same is made,	Form of con- fession
and forthwith returned to the clerk of the court in which the judg- ment or decree was rendered, who shall record the same; if the judg- ment was rendered in the Court of Appeals, the confession aforesaid 47	When to be returned