890 JUSTICES OF THE PEACE. [ART. 52.

clerk of the circuit court for the county where the judgment was
rendered, under the seal of his office; and if such judgment was
rendered in the city of Baltimore, provided the same be certified,
as aforesaid by the clerk of the superior court.

Claimant of Property Taken Under Execution.

1870, ch. 84.

69. 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 city 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
property 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 summoned, he shall order the property to be
delivered to the claimants, or the person from whom it was taken,
or shall dismiss the summons, 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 require security of the claimant for the
safe keeping and return of the property, to await the determina-
tion of the appeal.

State v. Brown, 54 Md 327. Clark v.Dressel, 56 Md. 151.

1870, ch. 84.

70. Upon appeal from an order or judgment under the pre-
ceding section, the court hearing such appeal shall give such
judgment respecting the property, the expense of keeping it, and
any injury done it, as may appear to be most equitable to all
parties.

Profanity before Justice
P. G. L., (1860,) art. 51, sec. 65. 1723, ch. 16, sec. 3. 1822, ch. 91.

71. Any fine imposed by a justice of the peace for swearing in
his presence contrary to law, shall be placed in the hands of a,