1206

LAWS OF MARYLAND.— 1835.

injured or defrauded, and at the same time produce before the

Covenant
or note, &c.
to be pro*
duced.
Attachment
may issue.

said district justice the covenant, bill, bond, note or account or
other evidence of the debt, it shall and may be lawful for any
district justice in said district to issue an attachment, returnable
before the said district court, against the goods and chattels,
rights and credits, lands and tenements, of the said absent or
absconding defendant, which are or shall be in the hands or
possession of any person or persons whatever in said district,

Notice to
persons in
possession
to appear.

and the said plaintiff, at the time of issuing said attachment
shall set up at least at two of the most public places in the said
district, at least ten days before the return of said attachment,
an affidavit of the truth of his claim, together with a copy
thereof, in which said attachment there shall be a clause com-
manding the constable of the district to make known to each
person or persons in whose hands or possession the said goods,
chattels, rights and credits, land and tenements are so attached,
and if to him, her or them, it shall seem meet, to be and appear
on the return day of such attachment before the district court

To show
cause.

having jurisdiction of the same, to shew cause why such goods
and chattels, rights and credits so attached as aforesaid, shall
not be condemned by the said district court, and execution
thereof, had and made as in other cases of judgments and reco-
veries had before the said district courts, at which day of return

Case of

non-appear-
ance, &c.
condemna-
tion au-
thorized.

of said attachment if said defendant, nor the garnishee in
whose hands the aforesaid goods and chattels, rights and
credits, lands and tenements, of the defendant were attached,
shall not shew cause to the contrary, the said district court
before whom the said attachment may have been returned, may
condemn said goods and chattels, rights and credits, lands and
tenements so as aforesaid attached, and award execution thereof,

Proviso.

to be had and made as in other judgments; Provided always,
that said district court shall be satisfied that the notice required
as aforesaid, hath been given according to the provisions afore-
said, and also the said plaintiff so obtaining the attachment,

Bond re-
quired of
plaintiff.

shall give bond in such penalty as the said district court shall
direct, with good and sufficient security, before the district court
rendering judgment of condemnation, to and for the use of the
defendant, conditioned to make restitution of the said goods
and chattels, rights and credits so as aforesaid condemned or
the value thereof, and to pay such damages as the said district
court may award to the said defendant, if the defendant whose
goods and chattels, rights and credits, were attached, shall at

To produce
within 12
months.

any time within twelve months and a day, computed from the
date of the attachment, come in and cither in person or by his
agent before the district court rendering judgment of condem-
nation aforesaid, and make it appear that said plaintiff hath
been and is satisfied and paid the said debt, or shew that it