ATTACHMENTS 375

An. Code, 1924, sec. 41. 1912, sec. 41. 1904, sec. 41. 1888, sec. 40. 1860, ch. 306, sec. 6.

1888, ch. 507.

41. In case the defendant, or any other person interested in the pro-
ceedings, is not satisfied with the sufficiency of the surety or sureties, or
any one of them, or with the amount specified in the bond aforesaid, he
may, at any time before judgment, apply to the judge of the court in which
the said bond is filed, for an order requiring the plaintiff to give additional
security, notice of which application shall be given to the plaintiff not
less than four days before the same is made; and the said judge, if satis-
fied from evidence of the insufficiency of the said bond, may order or
require the plaintiff to give an additional bond, with security to be approved
of by the court, in such sum and within such time as he may deem proper;
and in case the plaintiff shall fail to comply with such order, the said writ
of attachment shall be quashed, and the property attached, or its proceeds,
if the same shall have been sold by order of the court, shall be returned
to the defendant or be otherwise disposed of, as shall be ordered by the
court.

See notes to sec. 39.

An. Code, 1924, sec. 42. 1912, sec. 42. 1904, sec. 42. 1888, sec. 41. 1864, ch. 306, sec. 7.

42. The practice and pleadings under the writ of attachment issued in
compliance with sections 36-41 of this article shall, in all other respects
not therein provided for, conform, as near as may be, to the practice and
proceedings under writs of attachment against non-resident and absconding
debtors.

Cited but not construed in Baltimore v. Libowitz, 159 Md. 32.

An. Code, 1924, sec. 43. 1912, sec. 43. 1904, sec. 43. 1888, sec. 42. 1868, ch. 447.

43. Every justice of the peace may issue an attachment in any of the
cases mentioned in section 36 of this article, 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 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 is provided
in section 39 of said article, except such changes of language as may be
necessary to make the same applicable to a proceeding before a justice of
the peace; and such attachment shall be returnable 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 attachments 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 attach-
ment 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.

See notes to secs. 36 and 39.

See art. 52, sec. 47, et seq.; also art. 52, sec. 76.