ART. 68.] JUSTICES OF THE PEACE AND CONSTABLES.
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739
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inbefore prescribed to the party and his security, he may enter the
same short on his docket or on the judgment, in this form or to this
effect, "superseded by A. B. and G. D. (as the case may be) this
———— day of ———— for ———— months," which shall be as valid as
if the confession had been written out at length in the form herein-
before given.
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1835, c 223 ,
1835 c 224, s 2
Entry on docket
orjudemeut
sufficient
2 Md ,i20
4 Gill 48
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51. Every security in a supersedeas of a judgment rendered by
a justice of the peace, shall sign the same; or if he cannot write,
make his mark; and no such supersedeas shall be valid against any
security unless his signature or mark shall have been affixed thereto
and attested by the justicc.
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Id s 54
1843, c 321
Security to sign
supersedeas.
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52. An execution may be issued by a justice of the peace pre-
vious to the supersedeas of the judgment, but the constable or sheriff
shall not proceed on said execution if a certificate that the judgment
has been superseded be shown to him, the defendant paying the
costs of execution.
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Id s 56
1792, c 74
Supersedeas to
slay execution
issued
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53. No execution or scire facias shall issue against the securi-
ties on any supersedeas taken on a judgment rendered by a justice
of the peace, after the expiration of four years from the date of said
supersedeas , and after the lapse of the said four years such securi-
ties shall be discharged.
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Id s 56
1815, c 201,s 12
Afier lapse of
what time se-
curities dis-
charged
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54. A confession of judgment by way of supersedeas of a judg-
ment or decree in a court of record shall be a lien on the lands of
the persons therein named, from the time such supersedeas is filed
with the clerk of the court, in the same manner as judgments ren-
dered in any court of law.
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Id s 57
826, c 194, s 3
Supersedeas of
judgment or
decree in a
court of record
a lien on lands
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55. The confession of a judgment by way of supersedeas shall
not defeat the lien of the original judgment.
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Id s 58
1826, c 194, s 4.
Original judg-
ment.
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DOCKETS.
56. Each justice of the peace shall keep a docket, and therein
record and make regular entries of his proceedings in all cases in
which he shall act in virtue of his office; and he shall furnish the
plaintiff and defendant respectively with a copy of any judgment
by him given when required.
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Art 51, s 6
1809, c 76, s 4
Justice to keep
docket and
make regular
entries of his
proceedings
To furnish copy
of judgment.
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57. If any justice shall omit to keep a docket, so that by such
neglect or omission the plaintiff (having obtained a judgment before
such justice) shall lose his debt, the justice shall satisfy to the said
plaintiff the debt, interest, and coses so lost.
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Id c. 7
1809, c 76, a 5.
Liability for
omission
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58. Each justice shall also keep a full alphabet or index to his
docket, under a penalty of two dollars, to be recovered on present-
ment by the grand jury, one-half to the informer and the other half
to the use of the county.
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Id s 8.
1845, c 222, s. 2.
Tu keep full
index to docket.
Penalty.
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50. Whenever a justice of the peace shall vacate his office by
resignation, removal from office, or the expiration of his official
term, he shall deliver his docket, together with all the notes, bonds,
accounts, and papers in his possession, appertaining to judgments,
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Const art 4,
s 28.
1864, c 179,
1870. c 39
Justices on
vacating office
to deliver
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