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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 1912   View pdf image (33K)
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1912 ARTICLE 52.

An. Code, sec. 49. 1904, sec. 47. 1888, sec. 45...1868, ch. 447.

51. 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 pro-
ceeding before a justice of the peace; and such attachment shall be return-
able 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 absconding debtors; and a writ of summons shall also be issued
with such attachment as is usual in cases of debt before a justice, and the
proceedings 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.

An. Code, sec. 49A. 1914, ch. 337.

52. No attachment issued by a Justice of the Peace in any of the
cases mentioned in the preceding Section of this Article, shall be dis-
solved unless every defendant either in person or by his attorney files in
writing the appearance of the defendant or defendants to the action, and
unless a good and sufficient bond be given by or on behalf of the defendant
or defendants in a sum of money equal to at least double the value of
the property attached, with security to be approved by the Justice of the
Peace issuing the attachment, to satisfy any judgment that shall be re-
covered in such case against the defendant or defendants.
See art. 9, sec. 19.

Replevin.

An. Code, sec. 50. 1904, sec. 48. 1888, sec. 46. 1852, ch. 239, sec. 2.

53. 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 Baltimore city.

The jurisdiction of justices in replevin was conferred prior to 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 art. 75, sec. 125, et seq.

An. Code, sec. 51. 1904, sec. 49. 1888, sec. 47. 1835, ch. 201, sec. 13. 1852, ch. 239, sec. 2.
1856, ch. 112, secs. 13-25. 1886, ch. 45. 1888, ch. 235.

54. 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

 

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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 1912   View pdf image (33K)
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