ATTACHMENTS. 287

As to the attachment of goods in the hands of a baillee' for which a negotiable
document of title has been issued, see art. 83, sec. 60.

The money or benefit paid by a fraternal beneficiary association—see art. 48A,
sec. 146, et seq.—is exempt from attachment—art. 48A, sec. 167. See also art. 45,
sec. 9.

The landlord's lien upon crops reserved as rent, is not divested by process of law
against the tenant—art. 53, sec. 23.

It is unlawful to assign claims to non-residents for the purpose of attachment,
or to deprive the debtor of his exemption—art. 83, sec. 15.

An. Code, sec. 11. 1904, sec. 11. 1888, sec. 11. 1715, ch. 40, secs. 3-7. 1854, ch. 75, sec. 1.

11. Every attachment issued under the preceding sections shall con-
tain a clause commanding the sheriff or other officer, at the time of execut-
ing the said attachment, to make known to each person in whose hands or
possession the lands, tenements, goods, chattels, and credits so attached are,
if to him it shall seem meet, to be and appear on the return of such attach-
ment before the court out of which it issued, to show cause why such lands,
tenements, goods, chattels or credits so attached should not be condemned
and execution thereof had and made as in other cases of recoveries and
judgments given in courts of record.

It is always proper where a party is found in possession of lands or chattels that
are attached, that he should be returned as garnishee. The judgment of condemna-
tion, however, in such case is not against the garnishee but of the particular lands
or chattels attached, and a fieri facias goes to the sheriff commanding him to sell
the property. De Beam v. De Beam, 119 Md. 426.

In view of this section and sec. 29, and of art. 75, sec. 182, service upon an em-
ployee of a firm which is intended to be made garishees, is ineffective. Wilmer v.
Epstein, 116 Md. 144.

A corporation may be made garnishee, and a service upon its officers and direc-
tors is sufficient notice. Boyd v. C. & O. Canal Co., 17 Md. 195.

If the garnishee is duly served he is bound, though he does not understand
that he must appear, etc. Friedenrich v. Moore, 24 Md. 307; McCoy v. Boyle,
10 Md. 396. See also Windwart v. Alien, 13 Md. 196; Anderson v. Graff, 41
Md. 601.

A separate suit should be docketed against each garnishee. Farmers' Bank v.
Brook, 40 Md. 257. See also Berry v. Matthews, 13 Md. 558.

This section referred to in construing secs. 10 and 35—see notes thereto. Harris
v. Balk, 198 U. S. 215.

An. Code, sec. 12. 1904, sec. 12. 1888, sec. 12. 1715, ch. 40, sec. 3. 1924, ch. 343.

12. If neither the defendant nor the garnishee in whose hands the
property or credits may be attached shall appear at the return of the attach-
ment, the court shall and may condemn the property and credits so attached
as provided in Section 13, and award execution thereof; provided, that no
such execution shall issue unless the plaintiff give bond or sufficient security
before the court awarding the execution to make restitution of the lands,
tenements, goods, chattels or credits so as aforesaid condemned, or the value
thereof, if the defendant shall at any time within six months, to be ac-
counted from the return of said attachment, appear to the said original
action, and make it appear that the claim of the said plaintiff, or some part
thereof, is not due to the said plaintiff.

Striking out judgments of condemnation.

A judgment of condemnation rendered several terms anterior to the motion to
strike out, will not be disturbed in the absence of clear and convincing proof of
fraud, surprise or irregularity. Sarlouis v. Firemen's etc., Co., 45 Md. 235. See also
Abell v. Simon, 49 Md. 318; Sherwood v. Mohler, 14 Md. 564.