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The Maryland Code, Public General Laws, 1888
Volume 389, Page 885   View pdf image
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ART. 52.] SCIRE FACIAS—SUPERSEDEAS. 885

P. G. L., (1860,) art. 51, sec. 37. 1835, ch. 201, sec. 13.

48. The plaintiff suing out a replevin, or any other person on
his behalf, may give the bond required by the preceding section;
but the securities in all cases ought to be ample.

Ibid. sec. 38. 1852, ch. 76, sec. 3. 1852, ch. 336.

49. 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 proceed to try such replevin exparte 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 returned summoned and
had failed to appear.

Scire Facias.
P. G. L., (1860,) art. 51, sec. 84. 1801, ch. 62, sec. 4. 1823, ch. 194. 1888, ch. 235.

50. Judgments rendered by justices of the peace may be re-
vived at any time within twelve years from their date by scire
facias, returnable on a certain day not less than twenty nor more
than thirty days from the issuing thereof. And whenever any
plaintiff shall die, his personal representatives shall have the right,
upon application to the justice, to appear and be made a party to
said judgment; and whenever any defendant shall die within
twelve years from the date of any judgment, a scire facias may be
sued out upon the application of the plaintiff to revive said judg-
ment against the personal representatives of said defendant.

Ibid. sec. 35. 1801, ch. 62, sec. 4.

51. 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.

Supersedeas and Execution.

P. G. L., (1860,) art. 51, sec 45. 1791, ch. 67, secs. 4. 1826, ch. 194.
1860, ch. 132, sec. 3.

52. No execution shall issue upon any judgment or decree ob-
tained in any circuit court for any county of this State, provided

 

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The Maryland Code, Public General Laws, 1888
Volume 389, Page 885   View pdf image
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