LAWS OF MARYLAND.—1715. 23
found within this province, to make restitution of the said
goods, chattels or credits, so as aforesaid condemned, or the
value thereof, if the defendant so as aforesaid prosecuted shall,
at any time within one year and a day, to be accounted from
the said attachment awarded, come in, and cither in person or
by attorney appear to the said original action, and make it appear
that the said plaintiff hath been and is satisfied and paid the
debt or demand in the said action, or shall otherwise in court
discount or bar the said plaintiff of the same, or any part
thereof; which said condemnation and execution of the said
goods, chattels or credits, of the said defendant, in the hands of
garnishee or garnishees as aforesaid had and made, shall be
sufficient and pleadable in bar, by the said garnishee or gar-
nishees, in any action brought against him or them by the said
defendant for the same. |
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SEC. 4. Provided always. That no sheriff shall levy, by way
of execution as aforesaid, against the said garnishee or gar-
nishees, any more than the plaintiff's debt and cost, nor against
any garnishee or garnishees than what the said plaintiff in the
said action shall make appear to the said respective courts to be
of the said goods, chattels and credits of the said defendant in
each respective garnishee or garnishees' hands, together with
such costs only as the garnishee or garnishees shall put the
plaintiff to, by denying him or themselves to be indebted to
such defendant, and contesting the same.
SEC. 5. Repealed by 1820, ch. 198, sec. 5. |
Proviso.
• |
SEC. 6. Provided also, That such as shall be found by posi-
tive proof, or other circumstances, wilfully to absent them-
selves, or abscond in the woods or elsewhere from the sheriff's
sight, whereby they cannot be found to be brought to trial, and
such also as shall be absent by flight or proscription out of this
province, to be averred upon oath, shall have no benefit of any
favourable interpretation of this law. |
Proviso. |
SEC. 7. And be it enacted, by the authority aforesaid. That
from henceforth, any person or persons having obtained ajudg-
ment in any court of this province, or that shall hereafter obtain
any judgment in any court of this province, against any person
or persons, it shall and may be lawful to and for the said plain-
tiff in the said judgment, at his will and pleasure, instead of
any other execution, without those previous requisites as above
in this act prescribed and directed, to take out an attachment
against the goods, chattels and credits of the said defendant in
the said judgment, in the said plaintiff's own hands, or in the
hands of any other person or persons whatsoever; which said
attachment shall likewise have the clause aforesaid, command-
ing the sheriff of the said county to whom it shall be directed,
at the time of executing the said attachment, 'to make known |
After judg-
ment, at-
tachment
may be
taken oat,
&c. |
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