Saint Mary's beacon. [volume] (Leonard Town, Md.) 1867-1983, 1888-05-24

lied Claimants Of Property" be and the
same are hereby repealed and re-enacted
with amendments - as 20 read respective
ly as fellows:
(45l Whenever an attachment shall be
levied upon any personal property, goods
or chattels which may Be claimed BY a
person or corporation other than the desen-
dant in such attachment, such person or
corporation may file petition under oath,
with the Court before whom such attach
ment is returnahle, setting forth clearly the
| origin and character of his or its claim 10
The property 50 levied upon: and thereupon
| II shall be the duty Of the Clerk 10 docketa
| suit against both the plaintiff and iefen-
dant in such attachment and issue q sum
mons directed 10 said plaintiff and deien-
| dant, giving notice Of such claim and re
| turnable % the next succeeding rule day or
! term; If such claimant shall establish the
validity Of his claim 70 said property, he
/ shall he awarded his costs and shall also be
entitled 10 recover damages in such suit for
| the wrong and injury done him by reason
I of such seizure and detention Of his proper
i ~.
! (+6) Upon the filing OF a bond by or on
behalf ci such claimant in . penalty equal
\ 20 double the value of the property, as as
certained by an arpraisement thereof % be
made by the Sheriff 1t the time Of the levy,
/ 10 be approved Of by the Court, and condi-
toned for satisfying all costs and such dam
ages not exceeding the resi- value of the
property attached, as the plaintiff shall re-
cover in case said claimant shall fail 10 es-
tablish his claim, the said property shall be
discharged from the levy, and surrendered
to the party in possession thereof when Al
tached.
(47.) In case the plaintiff in such attach
ment Is not satisfied with the sufficiency of
| the surety or sureties on the bond taken I'M
der the preceding section, he may, at any
time before judgment, apply 20 the Judge
OF the Court in which the said bond l. filed
for an order requiring the petitioner 10 give
additional security, notice Of which appli-
cation 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 insuficiency of the bond, may order
or require the petitioner 10 give an addition
al 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 10 the amount ofthe
real value of the property levied upon, upon
which execution may issue as provided by
law; and said plaintiff may have an execu-
attachment; provided, that but one satisfac-
ton of the debt or demand shall I've made,
and il shall be in the discretion of the Court
in all such cases To dispose of the matter Of
costs.
Sec. 4. And be it enacted, That sections
nine and twenty-nine, of said Article ten,
and the act Of eighteen hundred and sixty
one, chapter seveniy-sevcn, sub-titlcd an
act 10 add new section To- said Article ten
under the subtitle of Attachments" in
acting er cORtrdctu for unliquidated DANA
ges, and for wrongs independent of con-
tracts, be and the same are hereby repealed.
Sec. 5. And be il further enacted, That
new section he added IN said Article ten,
10 be subtitle Attachments on Actions"
er cOntrdctu for unliquidated damages, and
in actions for wrongs independent of con-
tract, to read as follows Attachments may
also be issued against nonresident or alb
sconding debtors, in cases arising Ct con-
trdctU where the damages are unliquidated,
and in actions for wrongs independent of
contract; but in such cases no attachments
shall issue until a declaration shall have
been filed, setting out specially and in de-
tail the breach ofcontract complained of, or
the cost actually committed, verified by the
affidavit of the plaintiff, or some one on his
behalf, and until bond shall be filed, SIM
| liar IN all respects 10 the bond required Ia
be given in cases Of attachments ON origi-
nal process for fraud a prescribed by sec
ton forty, of this Article; in cases arising
under this section the practice and plead
ings shall, in all other particulars, conform
to the practice and proceedings against non.
residents and abscOnding debtors, in actions
er cORtrdctU for liquidated damages.
Sec. 6. Ind b. 1t enacted That this act
shall take effect from the date of its pas
sage.
Approved April 5th, 1883.
ELIHU +. JACKSON.
Governor.
GEORGE NJ. UPSHUR,
Speaker of the House of Delegates
GEORGE PETER,
President of the Senate
We hereby certify, That the aforcgoing
is a correct copy of An Act of the General
Assembly of Maryland passed January
Session, 1888
CARLTON SHAFER,
Chief Clerk of the House of Delegates.
w. 6. PURNELL,
| Secretary Of the Senate.