The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1888-05-19

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condition of said bond shall be substantial
ly in the following form The condition
Of this obligation is such, that whereas, the
above bounded, -, hath on the day of
the date hereof, ordered an attachment out
manning the Court from which the said
attachment shall issue |, at the suit of
VS. for the sum of -; and the
same being about to be sued out of said
Court; returnable ON the -day Of next,
now, if the said shall prosecute his
suit with effect, or in case OF failure thereof,
shall well and truly pay and satisfy the
said -, and any other persons interested
in the proceedings, all such costs in said
suit, and such damages as shall be awarded
against -, his heirs, executors or ad-
ministrators, in any suit or suits which may
hereafter be brought for wrongfully suing
out said attachment, then the above obli-
CATION to be void, otherwise to be and re-
main in full force and effect; every attach
ment issued without bond and affidavit
taken as aforesaid, is hereby declared lille
gal and void, and shall be dismissed.
Sec. 6. In case the defendant, or any
other person interested in the proceedings,
is not satisfied with the suficiency of the
surety or sureties, OF any of them, or with
the amount specified in the bond aforesaid,
he may, at any time before judgment, ap-
ply to the Judge of the Court in which the
said bond is filed, for an order requiring
the plaintiff to give additional security,
notice of which application shall be given
to the plaintiff, not less than four days be-
fore the same is made, and the said Judge,
if satisfied from evidence of the insufficient
cy of the said bond, may order or require
the plaintiff to give an additional bond with
security, to be approved of by the Court,
in such in sums and within such time as
he may deem proper, and in case the plain
tiff shall fail to comply with such order,
the said writ of attachment shall be quashed,
and the property attached, or its proceeds,
if the same shall have been sold by order
of the Court, shall be returned to the de-
PENDANT, or be otherwise disposed of, as
shall be ordered by the Court
Sec. 3. And be it enacted, That sec
tons forty five, forty-six and forty-seven,
of said Article ten, as added to said Article
by the Act of eighteen hundred and sew
enty-six, chapter two hundred and eighty
five, entitled an Act to add new sections to
Article ten, of the Code of Public General
Laws. entitled Attachments" and to be
subtitle claimants of Property" be and
the same are hereby repealed and re-enacted
with amendments so as to read respectively
as follows:
(45.) Whenever an attachment shall
be levied upon any personal property, goods
or chattels which may be claimed by a per-
son or corporation other than the defendant
in such attachment, such person or corpo-
ration may file petition under oath, with
the Court before whom such attachment is
returnable, setting forth clearly the origin
and character of his or its claim to the pro-
perty so levied upon; and thereupon it shall
be the duty of the Clerk to docket suit
against both the plaintiff and defendant in
such attachment, and issue a summons di-
rected to said plaintiff and defendant, Civ
inc notice of such claim and returnable to
the next succeeding rule day or term; if
such claimant shall establish the validity of
his claim to said property, he shall be
awarded his costs and shall also be entitled
to recover damages in such suit for the
wrong and injury done him by reason Of
such seizure and detention of his property.
(46) Upon the filing of a bond by or
on behalf of such claimant in a penalty
equal to double the value of the property,
as ascertained by an appraisement thereof
to be made by the Sheriff at the time of
the levy, to be approved of by the Court,
and conditioned for satisfying all costs and
such damages not exceeding the real value
OF. the pranerty attached as the plaintiff
shall recover in case said claimant shall fail
to establish his claim, the said property
shall be discharged from the levy, and sur
rendered to the party in possession thereof
when attached.
(47.) In case the plaintiff in such at
tachment is not satisfied with the sufficien-
cy of the surety or sureties on the bond
taken under the preceding section, he may,
at any time before Judgment, apply to the
Judge of the Court in which the said bond
is filed for an order requiring the petitioner
to give additional security, notice of which
application shall be given to the petitioner,
not less than five days before the same is
made; and the said Judge, if satisfied from
evidence of the insufficiency of the bond,
may order or require the petitioner to give
an additional bond within such time as he
shall deem proper and in case of refusal to
comply with such order, judgment may be
entered against such petitioner to the
amount of the real value of the property
levied upon, upon which execution may
issue as provided by law; and said plaintiff
may have an execution against the defen-
dant in the original attachment; provided,
that but one satisfaction of the debt or
demand shall be made, and it shall be in
the discretion of the Court in all such cases
to dispose of the matter of costs.
See. 4. And be it enacted, That sec
tions nine and twenty-nine, Of said Article
ten, and the Act of eighteen hundred and
sixty-one, chapter seventy-seven, sub-titled
an Act to add new section to said Article
ten, under the subtitle of Attachment, -
in acting er contrdctn for unliquidated
damages, and for wrongs independent of
contracts, be and the same are hereby re-
pealed.
Sec. 5. And be it further enacted,
That new section be added to said
Article ten, to be subtitle Attach
ments on Actions er cOntractu for I'M
liquidated damages, and in actions for
wrongs Independent of contract, to read
as follows: Attachments may also be
issued against nonresident or absconding
debtors, in cases arising &c contrdctu where
the damages are unliquidated, and in ac
tons for wrongs Independent of contract;
but in such cases no attachments shall
issue until declaration shall have been
filed, setting out specially and in detail the
breach of contract complained of, oMr. b
cost actually committed, verife" With (
aih pl1S Of the Iati, or some one on his
. Sn ~ ~ JI Id bond shall be filed, sim
Ian fRaSsli respects to the bond required to i
be given in cases of attachments on original
process for fraud, as prescribed by section
forty, of this Article; in cases arising under
this section the practice and pleadings shall;'
in all other particulars, conform to the
practice and proceedings against non-resi-
tents and absconding debtors, in actions
&c contractu for liquidated damages.