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Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 206   View pdf image (33K)
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206 13 E. 1, STAT. 1, CAP. 45, SCIRE FACIAS.
against an administrator to bind assets which are or have been in hand,
or shall arise in future, and subject to the judgment, was a judgment to bind
assets in future, and a scire facias must issue before execution, suggesting
arrests, if any had come to or were in the hands of the administrator,
State v. Goldsborough, 1 H. & J. 101.
In Salmon v. Yates, 1 H. & J. 488, it was declared, with regard to the
stay mentioned in the Act of 1778, ch. 21, that the law was explicit that the
stay must be entered on the docket, &c., to warrant an execution without a
scire facias after a year and a day, and any other agreement would not
serve the purpose. So in Miles v. Knott supra, the Court held, that as the
151 Act of 1823, ch. 194, gives three years* from the date of the judg-
ment within which to issue execution, the three years could not be reck-
oned from the expiration of a stay thereon. But this, as will have been
observed as to such stays of execution as are mentioned therein, is now
altered by the Act of 1862, ch. 262.22 The judgment notwithstanding a
stay of any kind is a lien during the stay, Anderson v. Tydings, 8 Md. 427.
And if execution is levied in time on lands and stayed by injunction, upon
its dissolution nothing is necessary but a vendi expands to the sheriff, for
the lands are in custodia legis, and the death of the plaintiff interposes no
obstacle to the sheriff proceeding against the lands in the possession of a
subsequent alienee, Boyd v. Harris, 1 Md. Ch. Dee. 446. Lastly, the Act of
1862, ch. 262,23 also changes, in some degree, the law as laid down in
Campbell v. Booth, 8 Md. 107, and Booth v. Campbell, 15 Md. 569, that an
outstanding execution is a good plea to a scire facias, not because it is a
satisfaction but because the plaintiff is not entitled to two executions at
once; sed quare.
22 But under the present law, the period of the stay is included in the
twelve years. Code 1911, Art. 26, sec. 20; Poe's Practice, sec. 646.
"•t Code 1911, Art. 26, sec. 20.

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Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 206   View pdf image (33K)
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