The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1872-05-18
For The
FAMILIAR LAW.
EXECUTION.

any time within the sixty days; but will
not stay execution except the bond b
filed.
There are two ways by which the plain
tiff may proceed to enforce his claim; on
fieri facias against the goods and chattle
of the defendant; the other, attachment
affecting credits and moneys of the defend
ant. The first is lien from the time it i
placed in the officers hands-it Away
being best for the officer to note the hou
and day Of receiving it, as in question o
priority it will often save trouble. The
second or attachment being a lien from thu
time it is served, or laid in the hands o
the garnishee, as the plaintiff has a lien il
all the effects in the hands of the garnishet
from the time of service and from tina
time until final judgment or decision is
rendered, the garnishee is stakeholder o
everything in his hands affected by the
attachment 1t is also his duty to give
notice to the defendant and to demand in
formation as to the extent and Justice o.
the plaintiffs claim, that he may know
what defense the defendant may have, and
which he may and should plead before the
Justice of the Peace, as though the
defendant himself had appeared.
No attachment of the wages or hire Of
any laborer or employee in the hands OF
employers, whether private or corporate
bodies, shall affect any salary or wages
not due at the date of the attachment, and
the sum of ten dollars of such wages OF
salary shall be exempt.
One hundred dollars worth of property
Of each defendant shall be exempt. The
defendant may select property real OF
/ personal to the value of one hundred dol
lars, to be aseertained by three disinterest-
! ed appraisers to be summoned and sworn
! by the officer at the time of the levy or ser
vice, and the appraisers shall return the
appraisment, signed by themselves and
which shall be returned with the writ.
II the property, real or personal, cannot
be divided SO rs to set apart a portion of it
of the value of 500 without loss to all
parties concerned, then the whole shall
be sold, and the defendant receive 800
from the proceeds in money. The apprais-
ers shall determine whether the property
can be divided without loss.
all wearing apparel, books, and the tools
of mechanics, shall be exempt in addition
to the property TO the amount of 500.
RENT,
I;y the statute ) Anne eh. a.. Sec. 1,
which is in force in Maryland, it is enacted,
that no goods upon any tenements leased
shall be taken by any execution, unless
the party at whose suit the execution is
sued out shall before the removal of
such goods pay to the landlord of the
premises or his bailitf, all money due
for rent for the premises: provided that
the arrears do not amount to more than
enc years rent. The landlord must give
the officer, who may be about to sell, notice
of the rent being due, to which notice
there shall be appended an affidavit of the
amount of rent claimed to be due.
sUPERsEDEAs.
Any claim On which judgment may have
been obtained, if the defendant 60 before
the Justice of the Peace within two months
aad give such security as the said Justice
shall approve, shall have stay of execu-
ton for six months, if the Judgment is
$50 or less, if more than $50, year. If
the Justice be dead or out of Office it may
be suspended before any other Justice of
the same county.
CERTIORARI.
The act Of 1858 prohibits this writ where
an appeal will le The Code is silent upon
this subject, except in forcible entry and
detainer. Nothing further need be said
about it.
Having previously remarked that an
appeal must be taken in GO days l shall
only note few facts in connection there
with that may he important.
II either patty die after judgment is had,
his administrator or executor may appeal
within sixty days after date of Judgment.
1t should be remembered, as before stated,
that although the defendant has sixty days
in which to file his appeal bond, execution
may issue any time before it is filed, the
bond staying the execution, the appel
liant paying or rendering the legal fees due
upon It. 1t is therefore, advisable, if the
parties wish to appeal, they should do so
at once by taking their securities with
them on the day of trial or as soon as pos
sible thereafter. If the Justice dies after
giving judgment before an appeal bond has
heen executed, the appeal may be executed
by any Justice in the county. 1t is also
made the duty of the appellant to appear
on or before the second day of the term
of the Court to which such appeal is taken.
If he fails TO do so, the judgment below
shall be affirmed as of course; hence as
soon as the appeal is sent up, or at the
commencement of the first term Of Court
after such appeal, the only safe rule is to
employ the attorney at once; provided he
does not intend to try it himself.
sCIRE FACIAs
is judicial writ, founded on some record
and requiring the person against whom it
i, brought to show cause why the party
bringing it should not have the advantage
of such record. When three years have
elapsed after Judgment is rendered, and
10 execution having been sued ar taken
cut upon said execution, the law presumes
that the Judgment has been satisfied, or
that the plaintiff has released the execu-
ton; hence scire facias is required in
order that the defendant may have an
opportunity to show that execution has
already been had, or cause why execution
should not issue against him. Therefore
where through neglect Or othsrWise the
plaintiff has allowed three years to elapse
without issuing execution he should apply
to the Justice who will issue scire facias.
J. Z. WILSON.
A Word TO BoYs.-Boys, did you ever
think that this world, with all its wealth
and woe, with all its mines and mountains,
oceans, seas and rivers; with all its steam