ART. 9] CONFESSION OF ASSETS. 207

serving such attachment, or at any other time; and if such garnishee
shall neglect or refuse so to do, as provided in section 13, the court is
hereby directed to adjudge that such garnishee hath in his possession
property of the defendant, or is indebted to such defendant to an
amount and value sufficient to pay the debt, damage and interest of
said plaintiff and costs, and execution shall issue as in other cases of
condemnation in the hands of garnishees.

The failure to answer the interrogatories may be waived. Boyd v. C. & O.
etc., Co., 17 Md. 211. And see Laflin v. B. & O. R. R. Co., 63 Md. 80.

The answers to the interrogatories must cover not only such property as
may be in the garnishee" s hands at the time of service of the writ, but also
all that comes into his hands afterwards. Devries v. Buchanan, 10 Md. 210.
A creditor may interrogate a garnishee under this section and section 13,
and has no occasion to resort to a court of equity for discovery. Morton v.
Grafflin, 68 Md. 545.

As to the garnishee's answer to the interrogatories and exceptions thereto,
see Rule 13 of the common law courts of Baltimore city.

1904, art. 9, sec. 16. 1888. art. 9. sec. 16. 1860. art. 10. sec. 17.
1824, ch. 74. sec. 2. 1888, ch. 507.

16. In all attachments the garnishee may appear in court on the
return day of such attachment, or within four days thereafter, and
confess the amount of goods, chattels or credits in his hands; and if
the plaintiff will not take judgment of condemnation for the amount
60 acknowledged, but shall claim a larger sum, then the garnishee shall
be allowed the costs of suit, and reasonable counsel fees to be fixed by
the court, unless on a final decision the plaintiff shall recover a larger
amount than the garnishee acknowledged as aforesaid; and in all cases
where, upon a plea of null-a bona, judgment shall be entered for the
garnishee, the plaintiff, in addition to the taxed costs of suit, shall be
adjudged to pay to the garnishee reasonable counsel fees to be fixed by
the court.

On a plea of "nulla bona." the sole issue is whether the garnishee has funds

liable to garnishment or not. Summers v. Oberndorf, 73 Md. 314; Bartlett v.

Wilbur, 53 Md. 485.

No person can be charged as garnishee where his legal relation to the fund

is such that he cannot take advantage of this section. Cockey v. Leister, 12

Md. 131.

Ibid, sec, 17. 1888, art. 9, sec. 17. 1860. art. 10, sec. 18. 1831. ch. 321. secs. 1, 2.

17. Any plaintiff in an attachment may have the same laid upon
debts due the defendant upon judgment or decrees rendered or passed
by any of the courts of law or equity in this State, and may have judg-
ment of condemnation thereof as upon any other debts due said
defendant; but an execution may, on application of any party to the
court rendering such judgment or decree, be issued for enforcing the
payment thereof, notwithstanding the attachment; provided, the money
payable on such judgment or decree be, in the said writ of execution,
required to be brought into the said court, to be by such court preserved
or deposited, or invested in stocks, to abide the event of the proceed-
ings in such attachment.

Parties may agree to pay the money into court without execution: if the
Judgment creditor insists upon execution, he can have it only in accordance
with this section, and must pay the costs. Fetterhoff v. Sheridan. 94 Md. 454.