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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 1295   View pdf image (33K)
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ART. 52] REPLEVIN. 1295

ceedings on such attachment shall conform as near as practicable to
the practice and proceedings under writs of attachment against non-
resident or absconding debtors, issued by a justice of the peace.
Cited but not construed in Weed v. Lewis, 80 Md. 128.

Replevin.

1904, art. 52, sec. 48. 1888, art. 52, aec. 46. 1860, art. 51, sec. 15.
1852, ch. 239, sec. 2.

50. In all actions of replevin the proceedings before justices of
the peace shall be similar to those in the several circuit courts of this
State or the three common law courts of civil jurisdiction in Balti-
more city.

The Jurisdiction of justices in replevin was conferred prior to the code of
1860, and is embodied in that code. State use of Whitehill v. Carrick, 70 Md.
591.

See sec. 6 and notes.

As to the action of replevin, see also 75, sec. 116, et seq.

Ibid. sec. 49. 1888, art. 52, sec. 47. 1860, art. 51. sec. 36. 1835, ch. 201, sec. 13.

1852, ch. 239, sec. 2. 1856, ch. 112, secs. 13-25.

1886, ch. 45. 1888, ch. 235.

51. Before issuing a writ of replevin the justice shall require and
take from the party demanding such writ a bond to the party holding
such property, with one or more securities who shall make oath before
the said justice that he is or they are worth each double the value of
the specific article or articles of property intended to be replevied over
and above all debts and exemptions and whom the said justice shall
in his conscience believe to be so worth, with condition that if the
above bound ———— do and shall well and truly prosecute the said
writ of replevin with effect and also shall and will return the goods
and chattels aforesaid, if the same be adjudged, and in all things abide
by and perform the judgment of the said justice, or of such other jus-
tice of the peace in and for said county, as shall decide in the premises,
or of the circuit court for the county, or Baltimore city court, as the
case may be, then the said obligation to be void, else to be and remain
in full force and virtue in law.

The giving of a bond under this section does not obviate the necessity of
an appeal bond. State use of Whitehill v. Carrlck, 70 Md. 591.

Ibid. sec. 50. 1888. art. 52, sec. 48. 1860, art. 51, sec. 37.
1835, ch. 201, sec. 13.

52. The plaintiff suing out a replevin, or any other person on his
behalf, may give the bond required by the preceding section, but the
securities in all cases ought to be ample.

Ibid. sec. 51. 1888, art. 52, sec. 49. 1860, art. 51, sec. 38. 1852, ch. 76, sec. 3.

1852, ch. 336.

53. If the summons in replevin shall be returned served and the
defendant shall fail to appear, the justice shall fix a day of trial not
less than six nor more than fourteen days from the return day and

 

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The Annotated Code of the Public Civil Laws of Maryland, 1911
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