Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1889-09-20
CHAPTER 5O7.

AN ACT to repeal and re-enact with
amendments, sections, five, eight,
seventeen, twenty-eight and thirty,
of Article ten, of the Code of Public
General Laws, title Attachments -
and to repeal and re-enact sections
three, four and six, of the Acts of
eighteen hundred and sixty-four,
chapter three hundred and six, en-
titled an Act to add additional sec
ton to Article ten, of the Code of
Public General Laws, title "Attach-
ment," subtitle attachment on
Original Process" and to repeal and
re-enact sections forty mine, 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-tive,
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
Property" and to repeal sections nine
and twenty nine, of said Article ten,
of the Code of Public General Laws,
and to repeal the Act of eighteen hun
bred and sixty-one, chapter seventy
seven, entitled an Act to add a new
section to said Article ten, under the
subtitle of Attachments" in acting
&c contrGctu for unliquidated damages,
and for wrongs independent of con-
tract.
Section !. Be it enacted by the Gen
eral Assembly of Maryland, That sec
tions five, eight, seventeen, twenty
eight and thirty, of the Code of Public
General Laws, title attachments, be
and the same are hereby repealed and
re-enacted with amendments, so as to
read respectively, as follows.
B. The affidavit required by the pre-
ceding section may be made before any
Justice of the Peace, or any Judge OF
Court of Law of this State, or before any
Judge of Court of Record of the Uni
ted States, or of any State, District or
Territory of the United States, or be-
fore Commissioner appointed by the
State to take acknowledgements OF
deeds, or before Notary Public, or if
out of the United States before Il Con
sui or ViceConsul of the United States,
or the affidavit may be made before the
Clerk of the Court from which the at
tachment shall issue
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 aft
davit is not made before him, he shall
issue an attachment against the lands,
tenements, goods, 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 judg.
ment of condemnation for the amount
so acknowledged. but shall claim d
larger sum, than the garnishee shall be
allowed the costs of suit and reasonable
counsel fees to be fixed by the Court
unless on a final decision the plaintiff
shall recover larger amount than the
garnishee acknowledged as aforesaid
and in all cases whereupon plea OF
auita bona judgment shall be entered fol
the garnishee, the plaintiff, in addition
to the taxed costs of suit, shall be adj
judged to pay to the garnishee reason.
able counsel fees to be fixed by the
Court.
%. Attachment proceedings may be
amended in the same manner, and &c
the same extent as any other suits oil
actions at law, so that the same may be
tried on their real merits, and the pur.
poses of justice subserved; nor shall any
attachment proceedings be quashed OF
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 ex.
ecution, issue an attachment against the
lands tnnnnAnts unnAS nhatfalS n al
credits of the defendant, to the plain
tiff's own hands, or in the hands of any
other person, which attachment shall
contain the clause of scire ,tdcidS required
in an attachment against nonresident
or absconding debtor, whenever such
attachment shall be issued upon de.
cree 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, sub
ject to the right of appeal to the Court
of Appeals as in other cases; but if.any
party to such attachment shall pray a
jury trial at any time before such at
tachment case shall be determined by
said Court of Equity, such attachment
proceedings shall be transmitted to a
Court of Law, to be tried as in cases of
attachment on judgment.
Sec. 2. And be it enacted, That sec
tions three, four and six, of the Act of
eighteen hundred and sixty-four chap
ter three hundred and six, entitled an
Act to add additional sections to Article
ten, of the Code of General Laws, title
Attachments, subtitle Attachment
on Original Process" be and the same
are hereby repealed and re-enacted with
amendments, so as to read respectively,
as follows.
See. 8. The action shall be instituted
either in the county where the defen-
dant resides, or where the property pro-
posed to be attached may be located OF