738

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

may be made before a justice of the peace in the county or city
where the defendant resides.

Art 18, K 25
1860, c 132, s 3
Supersedeas in
Baltimore city.
3d Md 536

42, 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
Superior Court of Baltimore City, the Court of Common Pleas, or
the Baltimore City Court; but such supersedeas shall be taken by
the clerks of said courts respectively

Art 51, c 46
1792, c 74, 8 1
Execution may
issue before
supersedeas
Si Md 535

43. The plaintiff in any judgment or decree may issue execution
thereon, at any time within two months after the rendition of the
same or after expiration of the stay which may be entered thereon,
unless the defendant shall supersede the same as provided in the

Effect of super-
sedeas on exe-
cution

preceding section; but it the defendant shall supersede as aforesaid,
within the two months, it shall stay any execution previously issued,
and the sheriff shall not proceed on such execution, if the defendant
shows him a certificate of the justice that the judgment has been
superseded, the defendant paying the cost of the execution.

Id s 47
1791, c 67,s 2,
1826,c 194, s 1,
1829,c 166,8 1,
1830, c 80,
1834, c 120
From what time
stay of execu-
tion computed

44, The stay of execution on a supersedeas taken under the pre-
ceding sections, shall be computed from the date of the supersedeas,
but where a judgment has been confessed in the Ciicuit Court, at
the second term thereof, with stay of execution till the next teim,
the stay of execution by supersedeas on such judgment shall be com-
puted from the first Thursday of the term next ensuing the said
second term , and when the judgment of a justice of the peace is
superseded, the stay of execution shall be computed from the date
of the judgment, and not from the date of the supersedeas.

Id s 48
1820, c 80, s 3
Administrators
may supersedc.

45. Administrators may supersede judgments rendered against
them in the same manner that other persons may, but by doing so
an administrator renders himself liable for the amount of the judg-
ment and costs.

Id s 49
1826, c 194, s. 1
Want of form
not to invali-
date

46. If the form of a supersedeas above given be not precisely
followed, it shall not invalidate the supersedeas; provided, it is in
substance and meaning similar to said form.

Id s 50
1791,c 67,s.3;
1809, c 76,s.2,
1844, c 257
When and bow
judgments of
justices may be
superseded.

47. No execution shall issue on any judgment rendered by a
justice of the peace if the defendant therein, within two months
after the rendition of such judgment, shall go before the justice of
the peace who rendered the same, together with security such as the
justice shall approve, and confess judgment for the debt and costs
of suit adjudged, with stay of execution for six months if the amount
of the judgment is thirty dollars or less, and if the amount of the
judgment is more than thirty dollars, then with stay of execution

Id s 51
1809, c 76, s 3
Proceeding
where justice
who rendered
judgment be
dead, or out of
office.
Id s 52
1834, c 257, s 2
One person may
be taken as
security

Id s 53

for twelve months; the said confession to be in the form heretofore
prescribed.
48. 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.
49. A justice of the peace may take one person as security on a
supersedeas of a judgment of a justice of the peace
50. If a justice in taking a supersedeas reads over the form here-