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


returnable to the Court in which the
action shall be brought.
Sec. 4. Every Clerk, before issuing an
under the preceding sec
tions, shall take from the plaintiff, or
some person on his behalf, bond to the
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 be 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 naming 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 nt Ia nrNriGa To no and in fIll
force and effect; every attachment issued
without bond and affidavit taken as
aforesaid, is hereby declared illegal and
void, and shall be dismissed.
Sec. 6. In case the defendant, or any
other person interested in the proceed
ings, is not satisfied with the suffi-
cheney of the surety or sureties, 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 insutiiciency 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
in sums and within such time as
he may deem proper, and in case the
plaintiff shall fail to comply with such
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
!. III. Il.
dered by the Court.
Sec. 3. And be it enacted, That sec
tons forty-fve, 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 hun
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:
(45.) Whenever an attachment shall
be levied upon any personal property,
goods or chattels which may be claimed
by person or corporation other than
the defendant in such attachment, such
person or corporation may file petition
under oath, with the Court before whom
such attachment is returnable, setting
forth clearly the origin and character
of his or its claim to the property so
levied upon and thereupon it shall be
the duty of the Clerk to docket suit
against both the plaintiff and defendant
i'll such attachment, and issue sum
mons directed to said plaintiff and de-
PENDANT giving notice of such claim and
returnable to the next succeeding rule
day or term if such claimant shall es-
tabish the validity of his claim to said
property, he shall be awarded his costs
and shall also be entitled to recover
damages i'll such suit for the wrong and
injury done him by reason of such seiz
ure and detention of his property.
(46D Upon the filing of bond by or
on behalf of such claimant in penalty
equal to double the value of the prop
erty, as ascertained by an appraisement
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-
fish his claim, the said property shall
be discharged from the levy, and sur
rendered to the party in possession
thereof when attached.
90 In case the plaintiff in such at
tachment is not satisfied with the suffi-
cheney of the surety or sureties on the
bond taken under the preceding sec
ton, he may, at any time before judg-
ment, apply to the Judge of the Court
in which the said bond is filed for an
order requiring the petitioner to give
additional security, notice of which APP
plication shall be given to the petitioner,
not less than five days before the same
is made; and the said Judge, if satisfied
from evidence of the insufiiciency of
the bond, may order or require the
petitioner to give an additional 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 of the real value of the property
levied upon, upon which execution may
issue as provided by law; and said plain
tiff may have an execution against the
defendant in the original attachment;
provided, that but one satisfaction of
the debt or demand shall be made, and
it shall be in the discretion of the Court
in all such cases to dispose of the mat
ter of costs.
Sec. 4. And be it enacted, that sec
tions nine and twenty-nine, of said
Article ten, and the Act of eighteen
hundred and sixty-one, chapter sew
enty-seven, sub-titled an Act to add
new section to said Article ten, under
the subtitle of Attachment" in acting
er cOntrdctu for unliquidated damages,
and for wrongs independent of con-
tracts, be and the same are hereby re-
pealed.
Sec. 5. And be it further enacted,