ART. 52] CLAIMANT OF PROPERTY SEIZED. 1389

peace of his county or on any supersedeas taken on such judg-
ment after the stay expires either on the original judgment or
on a copy thereof from the docket of another justice.

1888, art. 52, sec. 67. 1860, art. 51, sec. 60. 1853, ch. 201, sec. 1.

69. Any justice of the peace may issue au attachment by
way of execution in any case where he is authorized to issue a
fieri facias.
Weed v. Lewis, 80 Md. 128.

Ibid sec. 68. 1860, art. 51, sec. 61. 1831, ch. 271. 1845, ch. 222, sec. 1.

70. Any justice may issue execution or any other process
on a short copy of a judgment rendered by a justice of any
other county or city in this State; provided said short copy
be certified by the desk 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.

Ibid. sec. 69. 1870, ch. 84.

71. 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