1860.

LAWS OF MARYLAND.

CHAP. 132

CHAPTER 132.

Passed March
5, 1860.

AN ACT to amend the eighteenth article of the
Code of Public General Laws, by adding there-
to a section giving to the clerks of Circuit courts
and the Superior court of Baltimore city and
Court of Common Pleas, the power to take su-
persedeas of judgments and decrees rendered in
said courts.

Authorised
to take super-
sedeas.

SECTION 1. Be it enacted by the General Assembly
of Maryland, That the clerks of the Circuit courts
in the several counties, of the Superior court of
Baltimore city and the court of Common Pleas,
shall have the power and jurisdiction to take super-
sedeas of judgments and decrees in their respective
courts, as a justice of the peace has by law, and the
supersedeas so taken shall have the same effect as
if taken by a justice of the peace, and every securi-
ty in a supersedeas of a judgment rendered in the
respective courts, and superseded before the clerks
of said courts, shall sign the same, or if they can-
not write, make their marks, to be attested by the
clerk, and the several clerks shall be entitled a fee
of twenty-five cents for each supersedeas.

Property
qualification
of superse-
ders.

SEC. 2. And be it enacted, That it shall be
the duty of the clerks of the respective courts, and
of the justices of the peace in taking the supersedeas
of any judgment, to accept no party as a superse-
der unless satisfied that said party is worth, in
real or personal estate, over and above his actual
debts, the full amount of the judgment proposed to
be superseded.

Unlawful for
justices of the
peace of Balt.
city to take
certain super-
sedeas.

SEC. 3. And be it enacted, That it shall not be
lawful for the justices of the peace of the city of
Baltimore to take supersedeas of any judgment re-
covered after the date of the passage of this act, in
the Court of Common Pleas, or the Superior Court
of Baltimore city, but such supersedeas shall be
taken by the clerks of said courts, respectively,
subject to the provisions of the second section of
this act.