1294 JUSTICES OP THE PEACE. [ART. 52

1904, art 52, sec. 45. 1888, art. 52, sec. 43. 1860, art. 51, sec. 43.
1849, ch. 269, sec. 2.

47. The plaintiff in an attachment, before execution on any judg-
ment of condemnation shall be issued, shall give bond to the defendant
in such penalty as the justice of the peace shall direct, not less than
double the amount of the judgment of condemnation, with good and
sufficient security to be approved by the said justice and conditioned to
make restitution of the property so condemned, or the value thereof,
and to pay such damages as may be awarded to the defendant, if the
defendant shall at any time within twelve months and a day from the
date of issuing the attachment appear, either in person or by his agent,
before the justice issuing such attachment, or before some other justice
of the same county, and make it appear that the plaintiff has
satisfied the said debt, or show that it ought not to be paid, or that the
said defendant was not indebted to the plaintiff at the time of issuing
said attachment.

This section held to have no application. Weed v. Lewis, 80 Md. 129.

Ibid, sec. 46. 1888, art. 52, sec. 44. 1860, art. 51, sec. 44. 1824, ch. 74, sec. 2.

1849, ch. 269, sec. 1.

48. A garnishee in whose hands any such attachment is laid shall
have the same rights and be subject to the same liabilities as if such
attachment had issued from the circuit court for the county or the
superior court of Baltimore city, the court of common pleas or the Bal-
timore city court; but to avail himself of his rights he must appear at
the return of the attachment; and he shall not have the four days there-
after for his appearance allowed in said courts.

Cited but not construed in Weed v. Lewis, 80 Md. 129

Ibid. sec. 47. 1888, art. 52, sec. 45. 1868, ch. 447.

49. Every justice of the peace may issue an attachment in any of
the cases mentioned in section 36 of article 9, where the sum claimed
shall not exceed one hundred dollars, upon the party applying for the
same making before the justice the affidavit, and exhibiting the proofs
and vouchers necessary to authorize an attachment to be issued from
the circuit court or the superior court of Baltimore city, the court of
common pleas or the Baltimore city court in such cases, and giving
bond with security to be approved by said justice in double the sum
alleged to be due, and conditioned as provided in section 39 of said
article, except such changes of language as may be necessary to make
the same applicable to a proceeding before a justice of the peace; and
such attachment shall be returnable before the justice who issued it
on a day certain to be named therein, not less than twenty nor more
than thirty days from the date of issuing it; and the plaintiff shall
give notice of the issuing of such attachment in the same manner as
in case of attachment before a justice against non-resident or abscond-
ing debtors; and a writ of summons shall also be issued with such
atbachment as is usual in cases of debt before a justice, and the pro-