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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 684   View pdf image (33K)
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684 ARTICLE 23.

An. Code, sec. 68. 1904, secs. 391 to 395, inclusive. 1888, secs. 277 to 281, inclusive.
1868, ch. 471, secs. 198 to 202, inclusive. 1886, ch. 287. 1908, ch. 240, sec. 43.

80. The interest which any defendant in a judgment or decree ren-
dered by a court of law or equity, or in any proceeding by attachment,
has on the books thereof in the capital stock of a corporation of this State,
or of any national bank located therein, shall be liable to execution or
attachment, and the proceedings thereon shall be as follows: the sheriff
or other execution officer charged with the execution of the writ shall
leave at the principal office of the corporation a notice in writing that he
has seized the stock of the defendant (naming him and the purpose for
which he has seized the same), and shall retain a copy of such notice and
return it with the writ, the precise time of service being endorsed thereon.
Upon receipt of such notice, the president or officer of the corporation to
whom the same shall have been delivered, shall state in writing to the sheriff
or other execution officer, the number of shares of stock standing in the
name of the defendant at the time of such notice; and if the president or
other corporate officer shall refuse or neglect for twenty-four hours to
deliver such statement, the sheriff or other execution officer shall certify the
fact to the court to which the writ is returnable, or to any judge thereof;
and the said judge or court may order an attachment for contempt against
such president or other corporate officer, and may compel him to answer
under oath on oral examination, as to the number of shares of stock in the
name of such defendant at the time of service of such notice, and may
compel the production of the books of the corporation, and also fine the
president or other officer for not giving the required statement. When
the sheriff or other execution officer has ascertained the number of shares
of stock standing in the name of the defendant he shall make a schedule
thereof, or of so much thereof as will be amply sufficient to secure the debt
and costs, and shall give notice to the corporation that the shares not in-
cluded in this schedule are released. Thereupon such proceedings shall be
had under the writ of execution or attachment as if the shares so seized
were real estate; and they shall be transferred to the purchaser on the books
of the corporation by such sheriff or other execution officer, or by such
person as shall be named by the court to which said writ is returnable.
It shall be the duty of the corporation to issue to the purchaser at the
sale made by the sheriff or other execution officer a certificate for such
shares, but such certificate and all renewals and substitutions therefor
shall have stamped thereon the statement that they are issued under and
subject to the provisions of this article, and if such be the fact, that the
original certificate is outstanding.

An attachment of certain registered bonds of a foreign corporation held valid, .
notwithstanding the provisions of art. 9, sec. 18, and sec. 392 of art. 23 of the Code
of 1904. In view of sec. 417 of art. 23 of the Code of 1904—see sec. 1 of art. 23 of
this Code—it is evident that secs 391 to 401, inclusive, of art. 23 of the Code of
1904, were applicable only to corporations formed under the general laws of this
state. This section referred to in construing sec. 392 of art. 23 of the Code of 1904.
De Beam v. Prince de Beam, 115 Md. 675.

This section and art. 9, sec. 18, do not authorize the seizure and sale of stock of
a foreign corporation owned by a non-resident when the stock itself is not within the
court's jurisdiction. This section refers to domestic corporations; it contains pro-

 

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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 684   View pdf image (33K)
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