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The Maryland Code Public General Laws, 1904
Volume 393, Page 1384   View pdf image (33K)
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1384 JUSTICES OF THE PEACE. [ART. 52

science believe to be so worth, with condition that if the above
bound ———— do and shall well and truly prosecute the said
writ of replevin with effect and also shall and will return the
goods and chattels aforesaid, if the same be adjudged, and in
all things abide by and perform the judgment of the said
justice, or of such other justice of the peace in and for said
county, as shall decide in the premises, or of the circuit court
for the county, or Baltimore city court, as the case may be,
then the said obligation to be void, else to be and remain in
full force and virtue in law.*

1888, art. 52, sec. 48. 1860, art. 51, sec. 37. 1835, ch. 201, sec. 13.

50. 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. 49. 1860, art. 51, sec. 38. 1852, ch. 76, sec. 3. 1852, ch. 336.

51. 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 ex parte 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.

Hemekamp v. Beatty, 74 Md. 393.

Scire Facias.

Ibid. sec. 50. 1860, art. 51, sec. 34. 1801, ch. 62, sec. 4.
1823, ch. 194. 1888, ch. 235.

52. Judgments rendered by justices of the peace may be
revived 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 when-
ever 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 judgment against the personal repre-
sentatives of said defendant.

*As to obligee in replevin bonds in sults in courts of law see 1901, ch 26 post art 75,
sec. 116


 

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The Maryland Code Public General Laws, 1904
Volume 393, Page 1384   View pdf image (33K)
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