The aegis & intelligencer. [volume] (Bel Air, Md.) 1864-1923, 1888-04-27

the defendant resides, there shall be
issued a writ of summons against the
directed to the Sheriff Of the
county wherein the defendant resides,
returnable TO the Court in which the
action shall I've brought.
Sec. /. Every Clerk, before issuing an
attachment under the preceding sec
tions, shall take from the plaintiff, or
State of Maryland, with security to be
by said Clerk, in double the
sum alleged to be due by the defendant
or defendants, conditioned for satisfying
all costs which may be awarded to such
defendant or defendants, or to any
other persons interested in the proceed
ings, and all damages which shall be re-
covered against the plaintiff, for wrong
fully suing out such attachment, which
bond shall he filed in the office of the
Clerk issuing such attachment; the con-
dition of said bond shall be substan-
TALLY in the following form: The con-
dition of this obligation is such, that
whereas, the above bounden, -, hath
on the day of the date hereof, ordered
an attachment out manning the Court
from which the said attachment shall
issuel, at the suit of - VS.. -, for
the sum of -; and the same being
about to be sued out of said Court; re-
turnable on the - day of next, now,
if the said - shall prosecute his suit
with effect, or in case of failure thereof,
shall well and truly pay and satisfy the
said -, and any other persons inter
ested in the proceedings, all such costs
in said suit, and such damages as shall
be awarded against -, his heirs, ex-
ecutors or administrators, in any suit or
suits which may hereafter be brought
for wrongfully suing out said attach
ment, then the above obligation to be
void, otherwise to be and remain in full
force and effect; every attachment issued
without bond and affidavit taken as
aforesaid, is hereby declared illegal and
void, and shall be dismissed.
Sec. +. In case the defendant, or any
other person interested in the proceed
ings, is not satisfied with the sutii-
cheney of the surety or surcties, or any
of them, or with the amount specified
in the bond aforesaid, 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
plaintiff to give additional security,
notice of which application shall be
given to the plaintiff, not less than four
days before the same is made, and the
said Judge, if satisfied from evidence
of the insufficiency of the said bond,
may order or require the plaintiff to
give an additional bond with security,
to be approved of by the Court, in such
he may deem proper, and in case the
f,ln oh fnI -, Il ,,.;t 81, ,.l,
order, the said writ of attachment shall
be quashed, and the property attached,
or its proceeds, if the same shall have
been sold by order of the Court, shall
be returned to the defendant, or be
otherwise disposed of, as shall be or
dered by the Court.
Sec. 8. And be it enacted, That sec
lions forty-tive, forty-six and forty
seven, of said Article ten, as added to
said Article by the Act of eighteen hun
dred and seventy-six, chapter two hum
dred and eighty-tive, entitled an Act to
add new sections to Article ten, of the
Code of Public General Laws, entitled
Attachments" and to be subtitle
claimants of Property" be and the
same are hereby repealed and re-en-
acted with amendments so as to read
respectively as follows
VIZ W, ".hoNoi an "t''chi'lelit sllali
goods or chattels which may be claimed
~ dofo raT, y; 'U,l ~ ollitr liiail
person or corporation may file petition
under oath, with the Court before whom
such attachment is returnable, setting
30 IS ~ ~; 'ieaity .iio oiisii, ana character
i u li vi i's el"1iii W the properly SO
~, upos an NV ,i.I iieuP1ii II siail Do
ono 10y ~ nv .iio CIeih ~: ~ uoIheS SUI.
i,ai, oo 1870 'iio .'h'li anu ueleiiuah'
- 9"oi I;i anu issuS sum
s siioiia uiieG.ct " s"lu Pialll,in ana ue,
ie, ,,, giving lio'lce ol such c,alh ana
Io, ' m.o 80. W t ;s liAe succeeuiils Iule
t"il;sh ~ ,,i,;t ~ ' Ia; ai!ail esI
,ooL vhI na,L,i1s Vi ms Glaiiil W saiu
PlGpei'y;;, nc siiaIl NC aMaraea MS cos's
gnu oiiai! aiso NC ei.tllivu 10 recover
naniascS III sum sun lor the wrong ana
,mJuis r1 1nt nm Wy reasol Vi sucii sei%
VI anu ue''n.ioi VI nlS Pioper'y'
(4o.l Upon the ming OF bond by or
on behalt OF such claimant in penalty
equal to double the value OF the prop
erty, as ascertalned by an appralsement
thereof to be made by the Sheriff at the
time OF the levy, to be approved of by
the Court, and conditioned for satisfy
ing all costs and such damages not ex-
ceeding the real value of the property
attached, as the plaintiff shall recover
in case said claimant shall fail to estab-
lish his claim, the said property shall
be discharged from the levy, and sur
rendered to the party in possession
thereoi Wheh attached: .
go IN case the Plalntln IN such at
tachment IS not satisfed with the sutfl-
cheney OF the surety or sureties on the
pond taken under the preceding. sec