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LAWS OF MARYLAND —1795.
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321
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doth know, or is credibly informed and verily believes, that the
said debtor is not a citizen of this state, and that he or she doth
not reside therein, and also, (in the case of the debtor being a
citizen of this state,) on the oath or affirmation of the said cre-
ditor made as aforesaid, that he or she doth know, or is credibly
informed and verily believes, that the said debtor is actually run
away or fled from justice, or removed from his or her place of
abode, with intent to injure and defraud his or her creditor or
creditors, the said judge of the general court, justice of the
county court, or justice of the peace, shall be and he is hereby
fully authorized and required forthwith to issue his warrant to
the clerk of the general or of the county court, as the case may
require, to issue an attachment or attachments against the
lands, tenements, goods, chattels and credits, of the said debtor;
upon the receipt of which warrant, together with the proofs on
which the same was granted, and not otherwise, the clerk of
the general or of the county court, (as the case may require,)
shall issue such attachment or attachments, in which there
shall be the same clause of scire facias as by the act to which
this is a supplement is directed to be inserted in attachments
awarded by either of the said courts, and the like process and
proceedings shall and may be had thereon as are required and
prescribed by the said act upon attachments awarded as afore-
said.
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SEC. 2. And be it enacted, That the oath or affirmation of
such creditor, made as aforesaid before a judge of any other of
the United States, shall not be good and sufficient evidence,
unless there be thereto annexed a certificate of the clerk of the
court of which he is a judge, or certificate of the governor, chief
magistrate or notary public, of such state, that the said judge
hath authority to administer such oath or affirmation.
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Oath of
creditor not
good, &c.
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SEC. 3. And be it enacted. That upon the issuing of every
attachment as aforesaid, there shall be therewith issued a writ
of capias ad respondendum against the defendant, and a decla-
ration or short note, expressing the plaintiff's cause of action,
shall moreover be filed, and a copy thereof shall be sent with
the writ, to be set up at the court-house door by the sheriff.
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Provision
in cases of
attachments
&c.
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SEC. 4. And be it enacted, That to every attachment issued
in pursuance of this act, the garnishee may plead in behalf of
the defendant such plea or pleas as the said defendant might or
could do if he had been taken by the sheriff under the writ of
capias ad respondendurn, issued as aforesaid, and had accord-
ingly appeared to the same.
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Garnishee
may plead,
&c.
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SEC. 5. And be it enacted, That in all cases of attachments,
it shall and may be lawful for the plaintiff to exhibit interroga-
tories, in writing, to the garnishee aforesaid, who shall, by rule
41
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Plaintiff
may exhibit
interrogato-
ries, &c.
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