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196 13 E. 1, STAT. 1, CAP. 45, SCIRE FACIAS. three years after the date of the judgment or after the expiration of a stay, where there has been no change of parties to such judgment by death or marriage; but executions by way of attachment may issue at any time within twelve years from the date of the judgment, &c., but if three years have elapsed thereafter, &c., the attachment shall be liable to the same defences as in eases of scire facias, and in cases of the death or marriage of any plaintiff, the executor, administrator, or other person, who shall be entitled to such judgment, shall on application to the clerk of the court, &c., be made party to the same, and have attachments or other executions as if no such death or marriage had taken place; and on all such judgments, the plaintiff may have more than one attachment which provided that execution or attachment might issue at any time with- in twelve years from the date of the judgment or removal of a stay, should there be one. This Act was superseded in turn by the Acts of 1884 ch. 178, 1888 ch. 421 and 1890 ch. 114. The last named Act is now in force and provides as follows: "On all judgments or decrees in any court of law or equity, and on all judgments of justices of the peace re- corded in the clerk's office of any court of law, an execution or attach- ment may issue out of such court or by the clerk thereof, at any time within twelve years from the date of the judgment or decree, or the said judgment or decree may be otherwise proceeded with within twelve years from its date; and in case of the death of any plaintiff in any such judg- ment, the executor, administrator or other person entitled to the judgment or decree shall, on application to the clerk of the court having control of the docket whereon such judgment or decree is entered or recorded, be made a party to the same by suggesting the death of the plaintiff in writ- ing and causing his name to be inserted in the place of said plaintiff or his legal representatives, and have execution or attachment as the plaintiff might have had if no such death had taken place; and in the case of the marriage of a female plaintiff in any such judgment or decree, she may suggest in writing her said marriage, and have execution or attachment thereon, in" her new name acquired by such marriage; and in case of the death or marriage of any of the defendants in any judgment or decree herein mentioned, the plaintiff in any such judgment or decree shall, at any time within twelve years from the date of the judgment or decree, upon a suggestion supported by affidavit of the death or marriage of any of said defendants, be entitled to have an execution or attachment issued against the defendant still alive, and such execution or attachment may be laid on any goods, chattels, lands and tenements of any of said remain- ing defendants; provided, that at any time before the expiration of twelve years from the date of any such judgment or decree, or in case of the death or marriage of any defendant in the judgment, the plaintiff shall have the right to have a writ of .scire facias to renew or revive the same, and on judgments of justices of the peace duly recorded in the clerk's of- fice, such writ of scire facias may be issued out of the superior court of Baltimore city, or the circuit court for the county, as the case may be, as if said judgment had been originally rendered by said court, and on all such judgments or decrees the plaintiff may have more than one at- tachment or execution to be laid in the hands of different persons, or levied |
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Alexander's British statutes in force in Maryland. 2d ed., 1912
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