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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 2235   View pdf image (33K)
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JUSTICES OF THE PEACE 2235

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 six months and a day from the date of issuing the attachment ap-
pear, 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, 1924, sec. 50. 1912, sec. 48. 1904, sec. 46. 1888, sec. 44. 1824, ch. 74, sec. 2.

1849, ch. 269, sec. 1.

52. 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.

An. Code, 1924, sec. 51. 1912, sec. 49. 1904, sec. 47. 1888, sec. 45. 1868, ch. 447.

53. 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 41 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, 1924, sec. 52. 1912, sec. 49A. 1914, ch. 337.

54. 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


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 2235   View pdf image (33K)
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