Saint Mary's beacon. [volume] (Leonard Town, Md.) 1867-1983, 1888-05-17
CHAPTER m1

IL
twenty-eight and thirty of Article ten,
of the Code of Pub';c General Laws, title
attachments" and 10 repeal and re-en-
act sections three, four and six, of the
acts q! eighteen hundred and sixty-four,
chapter three hundred and SIX, entitled
an act t. add additional section 10 Arti-
Gle Ten, Of the Code of Public General
Laws, ,itlc Attachment" subtitle AT
:achment on Original Process" and to
rcp.a! and rc-enact sections forty nine,
tilty and tii,y-onc, Of said A. .icle ten, of
The Code Of Public General Laws, title
Attachment ~ addcu by the act of
eighteen hundred aud Scventy-siX, chap
ter two hundred and eiEhty-five, entitled
an act 20 add ew sec, 'ons 10 Al ticlc ten,
u the Code OF Public General Laws, title
Attachment" and to he sub titled
Claimant Of Property and to repeal
sections nine and twenty-n' ne, of said
y. liClc ten, Of the Code of Public Gene
II. Laws, and t. repeal he act of eigh-
teen hundred and si-;ty-one, chapter sew
Cn:y-scvcn, entitled an act to add a new
section 10 said Article ten. under the sub
title Of Attachments" in acting Gr con-
tr,'rt" for unliqu dated damages, and for
wrppss indepC llent of contract
: 4 ION !. Be il cT acted by the General
Assembly Of Maryland, That sections five,
eight, seventeen, twcnty-eight and thirty,
of the Code Of Public General Laws, title
"a achmen;s," be and the same is hereby
repealed and rc-enacted " til amendments,
so Is to read respectively, as follows:
5. The affidavit oluired by the preced-
inc section Lay be made before any Justice
of the Peace, or any Judge of Court Of Law
Of : STATE. or before any Judge ola Court
of Record Of ic Cpited States, or of any
State, District or Ter tory of the United
Stat :, or before u Commissioner appointed
by he State to take ackno'' Judgments of
deeds, ~ before Notary Public, or if ont
of he United States before a Consul or
Eice-ConSul Of the United States, or the af-
tida, I may be made before the Clerk Of
the Cou, from which the attachment shall
issue.
5. Upon making the affidavit and pro-
ducing The proof before the Clerk Of the
Cuu. from which such attachment is TO is
sue, or upon presenting To said Clerk the
ailidaN I anu proofs when said affidavit is
not made before him, he shall issue an at
tIChmcnt against the lands, tenements,
goods, chattels and credits OF said debtor.
II. In al attachments the garnishC may
appear in Court ON he return day of such
attachment, or within four days thereafter,
and confess the amount of goods, chattels
or credits in his hands, and if the plaintiff
" al not take Judgment of condemnation for
the amount so acknowledged, but shall
claim larger sum, than the gaTrishee
shall be allowed the costs Of the suit and
reasonable counsel fees 10 be fixed by the
Court, unless ON final decision the plain
tiff shall recover q larger amount than the
Garnishee acknowledged as aforesaid, and
in all cases whereupOn plea of RuPd bona
Judgment shall be entered for the garnishce,
the plaintiff, in addition TO the taxed costs
of suit, shall be adjudged 10 pay TO the gar
piShee reasonable counsel fees 10 he fixed
by the Court.
IS Attachment proceedings may be
amended in the same manner, and 10 the
same extent as any other suits or actions at
law, - that the same may be tried on their
real merits, and the purposes ofjustice sub
served; nor shall any attachment proceed
ings I've quashcd or set aside for any defect
in mere matter of form.
30 Any plaintiff having judgment or
decree in any Court Of Law or Equity in
this State, instead of any other execution,
issue an attachment against the lands, ten
GmentS, goods, chattcls anu credits Of the
defendant, 81 the plaintiff own hands, or
in the hands Of any other person, which
shall contain the clause of Srfre
fatt.Is required in an attachment against a
on-reSident or abSconding debtor, when
ever such attachment shall be issued upon
= decree IF Court of Equity, such Court
shall hsve authority and jurisdiction 70 hear
and determine any question that may arise
upon such attachment, as fully as the same
could be heard and determined by any
Court If Law. subject to the right Of appeal
IL the Court VI Appeals as in other cases;
hut II any party II such attachment shall
pay Jury trial AZ any time before sach
attachment case shall be determined by said
Court of Equity, such attachment proceed
iuEs shall be transmitted b Court Of Law,
- bc tried Is in cases of attachment on
judgment.
Sec. >. And b. it enacted, That sections
threc, four and six, II the act of eighteen
hundrcd and siNiy-iour, chapter three hun
drca and six, entitled IN an act 10 add adj
dition2l sections 70 Article ten, of the Code
Of General Laws, title Attachments" sub
title attachment on Original Process. be
and the same arc hercby repealed aud re-
enacted with amendments, 50 as 10 read re
Spcctively, as follows
SEC. ). Tbs action shall Be Instituted
either in the county where the defendant
resides, OF where the property proposed %
be attached may DC located or found, or
where the proposed g2rnishee resides. but
Il the action be instituted in any county
other than that wherein the defendant re-
sides, there shall be issued writ Of sum-
mons against the defendant, directed u the
Sheriff of the cOunty wherein the defendant
resides, returnable % the Court in which
he action shall be brought
Sec 4. Every Clerk, before issuing an at