The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1888-05-19
CHAPTER 5O7.

ACT to repeal and re-enact with
ndments, sections, five, eight, seven
twenty-eight and thirty, of Article
Of the Code of Public General
title attachments, and to repeal
re-enact sections three, four and SIX,
the Acts of eighteen hundred and
y-four, chapter three hundred and
entitled an Act to add additional
;tion to Article ten, of the Code Of
Public General Laws, title ATTACH
meht," subtitle attachment Original
Process" and to repeal and re-enact
sections forty-nine, fifty and fifty-one,
of said Article ten, of the Code of Public
General Laws, title Attachment" as
added by the Act of eighteen hundred
and seventy-six, chapter two hundred and
eighty-fve, entitled an Act to add new
sections to Article ten, of the Code of
Public General Laws, title Attachment,
and to be sub-titled claimant of Prop
erty, and to repeal sections nine and TWEEN
ty-nine, of said Article ten, of the Code
Of Public General Laws, and to repeal the
Act of eighteen hundred and sixty-one,
hapter seventy-sevcn, entitled an Act
add new section to said Article ten,
IL AL e {. A ffoabnanfc u
,cting er coatractu for unliquidated
images, and for wrongs Independent OF
ntract.
iCTIoN l. Be it enacted by the Gen.
d Assembly of Maryland, That sections
We, eight, seventeen, twenty-eight and
of the Code of Public General Laws,
,,Ae attachments" be and the same are
yereby repealed and re-enacted with
amendments, SO as to read respectively, as
follows.
5. The affidavit required by the pre-
ceding section may be made before any
D. ustice of the Peace, or any Judge of
)urt of Law of this State, or before any
ldge of Court of Record of the United
ates, or of any State, District or Terri
nv of the United States, or before Com
ssioner appointed by the State to take
knowIeaaeRnents of dpH4!s,,--ag before a
otary Public, Of If out of the United
tates before Consul or Vice-Consul of
,e United States, or the affidavit may be
.lade before the Clerk of the Court from
L ,l,ll
8. Upon making the affidavit and pro-
ducing the proof before the Clerk of the
Court from which such attachment is to
issue. or upon presenting to said Clerk the
affidavit and proofs when said affidavit is
not made before him, he shall issue an at
tachment against the lands, tenements,
9eods, chattels 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 acknowl-
,edged, but shall claim larger sum, then
the garnishee shall be allowed the costs of
suit and reasonable counsel fees to be fixed
w the Court, unless on fina! decision the
plaintiff shall recover larger amount than
the garnishee acknowledged as aforesaid,
and in all cases whereupon plea of n"ttd
bona Judgment shall be entered for the
garnishee, the plaintiff, in addition to the
taxed costs of suit, shall be adjudged to
pay to the garnishee reasonable counsel
fees to be fixed by the Court.
%. Attachment proceedings may be
amended in the same manner, and to 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 of justice sub
served; nor shall any attachment proceed
ings be quashed or set aside for any de-
feet in mere matter Of form.
so. Any plaintiff having a judgment or
decree in any Court of Law or Equity in this
state instead of any other execution, issue
u attachment against the lands, tenements,
bods, chattels and credits of the defendant,
the plaintiffs own hands, or in the
lands of any other person, which attach
lent shall contain the clause of seire .tdcias
quired in an attachment against a nom
sident or absconding debtor, whenever
ch attachment shall be issued upon de-
be of a Court of Equity, such Court shall
lave authority and jurisdiction to hear and
he any question that may arise upon
sachment, as fully as the same could
d and determined by any Court of
ubject to the right of appeal to the
of Appeals as in other cases; but if
5v rariV ~ g aatfaehment shall pray
lry trial at any time before such asGscn= i
tent case shall be determined by said
curt of Equity, such attachment proceed
,ss shall be transmitted to a Court of Law,
, be tried as in cases of attachment on
ldgment-
SEC. 9. And be it enacted, That sec
ons three. four and six, of the Act of
e.L..ov, bundrad and sixty-four. chapter