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


his behalf, bead 10 the State OF MARYLAND.
with security % be approved by said Clerk.
In double lie SUM alleged 81 be due by The
defendant OF defendants, conditioned for
satisfying all costs which may be awarded
10 such defendant or defendants, or 10 any
other persons interested in the proceedings,
and all damages which shall be recovered
against the plaintiff, Cor wr0ngfully suing
out snch attachment. which bond shall be
filed in the cfiiee of the Clerk issuing such
sttschr he condition Of said bond shall
50 S8Es &kiisIly in the following form:
The condition Of this obligation i such,
that whereas, the abose bounden, -,
hath on the day Of the date thereof, ordered
an attachment out manning the Court from
which said attachment shall issuel. at the
suit of - - -, for the sum of -;
and the same being about % 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 or suits which
may hereafter be brought for wrongfully
suing out said attachment, then the above
Obligation 10 be void. otherwise 10 be and
remain in full force and effect; every At
tachment issued without bond AMI eff
dayit taken rs aforesaid, Is hereby declared
illegal and void, and shall be dismissed.
Sec. O. In case the defendant, or any 9TH
or person interested in the proceedings, Is
not satisfied with the sufliciency of the su-
rety or surities, or any of them, or with the
amount specified in the boni aforesaid, lac
may :: sn<< time before judgment, apply to
the che Court in which the said
bond Is lied, for an order requiring the
plaintiff 10 give additional security, notice
Of which application shall be given 10 the
plaintiff, not less than four days before the
same is made, and the said Judge, If salts
fed from evidence Of the insutilciency Of
the said bond, may order or require the
plaintiff 10 give an additional bond with
security, TO be approved of by the Court, in
such sums and within such time Us he may
deem proper, and in case the plaintiff shall
fail 10, comply with such order, the said
writ Of attachment shall be quashed, and
the property attached, or its proceeds, il the
| same shall have been sold by order of the
| Court, shall be RETURNED 10 the defendant,
or be otherwise disposed of, as shall be or
dercd by the Court.
Sec. 3. And be it enacted, That sections
forty-five, torty-six and forty-seyen, of said
Article ten, as added to said Article by the
act of eighteen hundred and seventy-six,
chapter two hundred and eighty-five, en-
titled an act 10 add new sections TO Article
ten, of the Code of Public General Laws,
entitled Attachments" and to be sub-ti-
tied Claimants of Property" be and the
same are hereby repealed and re-enacted
with amendments Sc as TO read respective
| iy as follows:
(45) 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 defen-
dant in such attachment, such person or
corporation may file q petition under oath
with the Court before whom such attach.
ment is returnable, setting forth clearly the
origin and character of his or its claim 10
the property SO ley ed upon; and thercupon
1t shall be the duty of the Clerk to docket q
suit against both the plaintiff and defen-
dant in such attachment, and issue a sum
mons directed TO said plaintiff and defen.
dant, giving notice of such claim and re.
turnable to the next succeeding rule day OF
term: if such claimant shall establish the
validity of his claim 10 said property, he
shall be awarded his costs and shall also he
| entitled to recover damages in such suit for
'he " .ong and injury done him by reason
of such seizure and detention of his proper.
ty.
(46.) Upon the filing of bond by or on
behalf Of slich claimant in a penalty equal
tn double the value of the property, as as.
ccrtained 10y an appraisement thereof 10 he
i.Iade by the Sheriff at the time of the levy
to be approved of by the Court, and condi,
toned for satisfying all costs and such dam.
ages not exceeding the real value of the
property attached. rs the plaintiff shall re.
cover in case said claimant shall fail to es.
tablish his claim, the said property shall he
discharged from the levy, and surrendered
to the party in possession thereof when at.
tached.
(47) In case the plaintiff in such attach,
ment is not satisfied with the sufficiency Oi
the surety or suretics on the bond taken un-
der 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 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, ifsatisficd from CIV idence
of the insufficiency Of the bond. may order
or require the petitioner tn give an addit' on.
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 to the amount the
real value of the properly levied upon, upon
which execution may issue as provided by
law; and said plaintiff may have an execu-
ton against the defendant in the original
attachment; provided, that but one satisfac-
ton of the debt or demand shall be made,
and it shall be in the discretion ofthe Court
| in all such cases 10 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 seventy-sc7cn, sub-titled an
act to odd new section TO said Article ten,
| under the subtitle of Attachments" in
acting CT c0RtrdeiU for unliquidated DANA
ges, and for wrongs independent of con-
tracts, be and the same are hereby repealed.
Sec, ). And be II further enacted, That
| new section be added TO said Article ten,
% be subtitle Attachments on Actions"
er coHtracta for unliquidatcd damages, and
IN actions for wrongs independent of con-
tract, to read as follows: Attachments NAV
also be issued against nonresident or alb
sosnjlsse debtors, in cases arising &c con-
trdctu where the damages arc unliQuidated,
and in actions for wrongs independent OF
contract; but in such cares no attachments
shall issue until 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 TO the bond required TO
be given in cases of attachments on origi-
nal process for fraud as prescribed by sec
ton forty, of this Article; in cases arising
under this section the nrncficn and r,lnai