ATTACHMENTS. 297

Attachments of Wages or Hire.

An. Code, sec. 33. 1904, sec. 33. 1888, sec. 32. 1852, ch. 340. 1854, ch. 23.
1874, ch. 45. 1886, ch. 65.

33. No attachments of the wages or hire of any laborer or employee,
in the hands of the employer, whether private individuals or bodies cor-
porate, shall affect any salary or wages of the debtor which are not actually
due at the date of the attachment; and the sum of one hundred dollars of
such wages or hire due to any laborer or employee by any employer or cor-
poration shall always be exempt from attachment by any process whatever.
Where a man is paid five per cent of the cost of erecting a building for his services
in superintending the work, etc., he is an employee, and money due him comes within
the exemption of this section. Moore v. Heaney, 14 Md. 558; Wilmer v. Mann, 121
Md. 245.

Where money is in bank in the name of an insurance company for which the
defendant is agent, but which money is proved at the trial to belong to the agent,
such money is not exempt under this section. First National Bank v. Jaggers, 31
Md. 52.

The construction of the word "employee" as used in this section contrasted with
the construction of such word as used in art. 47, sec. 15—see notes thereto. Roberts
v. Edie, 85 Md. 186.

This section applied. Wilmer v. Epstein, 116 Md. 146.

The law prior to 1874 and the act of 1874, ch. 45, must be construed in pari
materia—the latter has no retroactive effect. Shryock v. B. & 0. R. R. Co., 56 Md.
521; House v. B. & O. R. R. Co., 48 Md. 130; Wilmer v.. Mann, 121 Md. 245.

For a construction of this section prior to the act of 1886, ch. 65, see First National
Bank v. Weckler, 52 Md. 39.
As to the assignment of wages, see art. 8, sec. 11, et seq.

An. Code, sec. 34. 1904, sec. 34. 1888, sec. 33. 1874, ch. 230.

34. The wages or hire of any person or persons, not residing in this
State, shall be subject to attachment upon judgment, warrant, or upon two
non ests, in the same manner and to no larger extent than the wages or hire
of any person or persons, resident in this State.

Judgment Pleadable by Garnishee Against Defendant.

An. Code, sec. 35. 1904, sec. 35. 1888, sec. 34. 1715, ch. 40, secs. 3-7. 1888, ch. 401.

35. Any judgment of condemnation against a garnishee and execution
thereon, or payment by such garnishee, shall be sufficient and pleadable
in bar in any action .brought against him by the defendant in the attach-
ment for or concerning the property or credits so condemned, even though
such judgment of condemnation be afterwards reversed or set aside, unless
at the time of execution made, or payment, such judgment or execution
thereon shall have been stayed according to law.

Where there is a judgment of condemnation by a competent court of the Dis-

" trict of Columbia (having jurisdiction), against a Maryland garnishee who pays

the judgment, the garnishee may plead such judgment and payment in bar of a

suit here by his creditor. Savin v. Bond, 57 Md. 228. See also Taylor v. Phelps,

1 H. & G. 502; Williams v. Jones, 38 Md. 567. And see Harris v. Balk, 198 U. S. 215.

The fact that a garnishee consents to a judgment impounding his debt to the
principal debtor, he being absolutely without defense, does not make the payment
under the judgment voluntary, so as to prevent him from pleading such payment
in bar of an action on the debt. Duty of the garnishee to notify the defendant.
Harris v. Balk, 198 U. S. 215.

The mere pendency of the attachment is not a defense in bar—there must have
been a judgment of condemnation and execution. Cole v. Flitcraft, 47 Md. 317.