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

an act % add additional section 20 Arti-
Gle ten, Of the Code Of Public General
Laws, title Attachment subtitle sat
tachmeHt on Original Process" and 10
repeal and ne-enacf sections forty nine,
fifty and fiffy-one, OF said Article ten, Of
the Code CT Public General Laws, title
Attachment" rs added by the act of
eighteen hundred and seventy-six, chap
ter two hundred and eighty five, entitled
an act TO add new sections % Article ten,
of the Code OF Public General Laws, title
Attachment" and 10 be sub-utled
Claimant Of Property" and 20 repeal
sections nine and twenty nine, Of said
Article ten. Of the Code of Public Gene
raj Laws, and 70 repeal the act of eigh-
teen hundred and sixty-one, chapter sew
eniy-seven, entitled an act 20 add a new
section TO said Article ten, under the sub
title OF Attachments" in acting or ooE-
tracsU for unliquidated damages, and for
wrongs independent of contract
Section !. Be il enacted by the General
Assembly of Maryland, That sections five,
eight, seventeen, twenty eight and thirty,
Of the Code Of Public General Laws, title
Attachments" be and the same is hereby
repealed and re-enacted with amendments,
so as 10 read respectively, as follows
5. The affidavit required by the preced-
ing section may be made before any Justice
of the Peace, or any Judge of Court of Law
of this State, or before any Judge Off Court
of Record Of the United States, or Of any
State, District or Territory of the United
States, or before a Commissioner appointed
by the State to take acknowledgements Of
deeds, or before Notary Public, or If ont
of the United States before Consul or
Vice Consul Of the United States, or the az
fidavit may be made before the Clerk Of
the Court from which the attachment shall
issue.
s. Upon making the affidavit and pro-
ducing the proof before the Clerk Of the
Court from which such attachment is 10 is
sue, or upon presenting 10 said Clerk the
affidavit and proofs when said affidavit is
not made before him, he shall issue an at
tachment against the lands, tenements,
goods, chatiels and credits of said debtor.
II. In all attachments the garnishee may
appear in Court on the 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
will not take judgment of condemnation for
the amount so acknowledged, but shall
claim larger sum, than the garnishee
shall be allowed the costs Of the suit ana
reasonable counsel fees to be fixed by the
Court, unless on final decision the plain
tiff shall recover a larger amount than the
garnishee acknowledged as aforesaid, and
in all cases whereupon plea of Hutd bona
judgment shall be entered for the garnishce,
the plaintiff, in addition To the taxed costs
of suit, shall be adjudged TO pay 10 the gar
nishee reasonable counsel fees 10 be fixed
by the Court.
2S. Attachment proceedings may be
amended in the same manner, and 10 the
same extent as any other suits or actions at
law, so that the same may be tried on their
real merits, and the purposes ofjustice sub
served; nor shall any attachment proceed
ings be quashed or set aside for any defect
in mere matter of form.
80 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
ements, goods, chattels and credits of the
defendant, to the plaintiffs own hands, or
in the hands of any other person, which
attachment shall contain the clause ofscirt
.fdcids required in an attachment against a
nonresident or Ascending debtor, when
ever such attachment shall be issued upon
a decree of Court of Equity, such Court
shall have authority and jurisdiction to hear
and determine any question that may arise
upon such attachment, as fully as the same
could be heard and determined by any
Court of Law, subject to the right of appeal
10 the Court of Appeals as in other cases;
but if any party To such attachment shall
pray jury trial at any time before such
attachment case shall be determined by said
Court of Equity, such attachment proceed
,l,on - tA.al e., ~ NfT
to be tried as in cases of attachment on
judgment.
Sec. .. And be il enacted, That sections
three, four and six, Of the act of eighteen
hundred and sixty four, chapter three hun
dred and six, entitled an an act to add adj,
ditional sections to Article ten, of the Code
of General Laws, title Attachments" sub
title Attachment on Original Process" he
and the same are hereby repealed and re-
enacted with amendments, so as 10 read re
spectively, as follows:
Sec. 3. The action shall be instituted
either in the county where the defendant
resides, or where the property proposed tc
be attached may be located or found, OF
where the proposed garnishec resides, but
if the action be instituted in any county
other than that wherein the defendant re.
sides, there shall be issued n writ Of sum.
mons against the defendant, directed To tho
Sheriff of the county wherein the defendant
resides, rcturnable to the Court in which
the action shall be brought
Sec. 4. Every Clerk, before issuing an at
tachment under the preceding sections, shall
take from the plaintiff, or some person on
his behalf, bond TO the State of Maryland
with security to be approved by said Clerk
in double the sum alleged 10 be due by the
defendant or defendants, conditioned fol
satisfying all costs which may be awarded
to such defendant or defendants, or TO any
other persons interested in the proceedings
and all damages which shall be recovered
agains. the plaintiff, for wrongfully suing
out such attachment, which bond shall be
filed in the Office of the Clerk issuing such
attachment; the condition of said bond shall
be substantially in the following form
The condition of this obligation is such
that whereas, the above bounden, -
hath on the day of the date thereof, ordered
an attachment out naming the Court from
which said attachment shall issuel, at tho
suit of - VS.. -, for the sum of -
and the same being about 10 be sued out OF
said Court; returnable on the - day OF
- next, now, if the said - shall pros.
ecute his suit with effect, or in case of fail
ure 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 administrators, in any suit OF suits which
may hereafter be brought for wrongfuily
suing out said attachment, then the above
obligation to be void, otherwise 10 be and
remain in full force and effect: every at
tachment issued without bond and aft
davit taken as aforesaid, is hereby declared
illegal and void, and shall be dismissed.
Sec. g. In case the defendant, or any 9th.
er person interested in the proceedings, is
NOT satisfied with the snfficiencr Of the IN,