JUSTICES OF THE PEACE. 1911

An. Code, sec. 44. 1904, sec. 42. 1888, sec. 40. 1849, ch. 269, sec. 1.

46. Such attachment shall be returnable before the justice who issued
the same upon a day certain to be named therein, not less than twenty nor
more than thirty days from the date of the issuing thereof.

An. Code, sec. 45. 1904, sec. 43. 1888, sec. 41. 1849, ch. 269, sec. 1. 1914, ch. 337.

47. There shall be issued with every attachment a writ of summons
against the defendant and at the time of issuing the attachment, notice
thereof shall be given by setting up at three or more public places in the
election district or ward in which such attachment may issue, at least ten
days before the return day thereof, an affidavit of the truth of the particu-
lars of the plaintiff's claim, together with a copy of such claim and also
a copy of such attachment.

Decision in Campbell v. Webb, 11 Md. 480, to effect that short-note was essential
and the notice prescribed by act of 1849, ch. 269, was no longer required, is not now
law by reason of omission from Code of 1860 and subsequent codes of act of 1852,
ch. 239, thus leaving former act still in force.

An. Code, sec. 46. 1904, sec. 44: 1888, sec. 42. 1849, ch. 269, sec. 1.

48. If the defendant or the garnishee in whose hands property may
be attached shall not show cause to the contrary, the justice may condemn
such property; provided, he .is satisfied by the oath of the plaintiff or by
other proof that the notice required above has been given.
Cited but not construed in Weed v. Lewis, 80 Md. 129.

An. Code, sec. 47. 1904, sec. 45. 1888, sec. 43. 1849, ch. 269, sec. 2.

49. The plaintiff in an attachment, before execution on any judgment
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 se-
curity to be approved by the said justice and conditioned to make restitu-
tion 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.

An. Code, sec. 48. 1904, sec. 46. 1888, sec. 44. 1824, ch. 74, sec. 2. 1849, ch. 269, sec. 1.

50. 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 Baltimore 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 thereafter for his appear-
ance allowed in said courts.

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