378 ARTICLE 9

though the claimant may be prosecuting another suit in the same court for the same
cause. Hall v. Richardson, 16 Md. 396. See also Albert v. Freas, 103 Md. 583.

As to the practice prior to this section, and which still may be resorted to, see, in
addition, Howard v. Oppenheimer, 25 Md. 365; White v. Solomonsky, 30 Md. 585;
Clark v. Meixsell, 29 Md. 228; Carson v. White, 6 Gill, 27.

The landlord's lien upon crops reserved as rent is not divested by process of law
against the tenant—art. 53, sec. 24.

Burden on claimant to prove ownership (i. e., that attaching creditor had notice of
conditional sale contract); court may not direct verdict in favor of claimant. Motor
Car Co. v. First Natl. Bank, 154 Md. 82.

Claimant may either proceed under this section or move to quash. Motion to quash
may be filed without general appearance. Property belonging to State. Neuman Co. v.
Duhadaway, 154 Md. 597.

A wife, as tenant by entireties with husband, may intervene as claimant of property
seized under writ of fiere jacias issued upon judgment against husband alone. Haid v.
Haid, 167 Md. 493.

Cited but not construed in Burton v. Jennings, 158 Md. 258.

As to claimants of property taken upon execution by a justice of the peace, see art.
52, secs. 78 and 79.

An. Code, 1924, sec. 48. 1912, sec. 48. 1904, sec. 48. 1888, sec. 46. 1876, ch. 285.
1888, ch. 507. 1900, ch. 697. 1902, ch. 324.

48. The property attached shall be discharged from the levy and sur-
rendered to such claimant upon the filing of a bond by or on behalf of such
claimant in a penalty equal to double the value of the property as ascer-
tained by an appraisement thereof to be made by the sheriff at the time
of the levy, to be approved of by the clerk and conditioned for satisfying
all costs and such damages not exceeding the real value of the property
attached as the plaintiff shall recover in case said claimant shall fail to
establish his claim.

In order to avail himself of this section, a claimant must proceed under sec. 47. Kean
v. Doerner, 62 Md. 478.

But a claimant who does not desire immediate possession of the property, need not
give bond in order to proceed under sec. 47. Albert v. Freas, 103 Md. 590.
v There must be an appraisement, but the fact that the claimant's bond is in a sum
less than that required by this section does not defeat the claimant's case, nor prevent
his recovering damages. Turner v. Lytle, 59 Md. 205.

And see notes to secs. 39 and 47.

An. Code, 1924, sec. 49. 1912, sec. 49. 1904, sec. 49. 1888, sec. 47. 1876, ch. 285.

1888, ch. 507.

49. In case the plaintiff in such attachment is not satisfied with the
sufficiency of the surety or sureties in the bond taken under the preceding
section, 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 petitioner
to give additional security, notice of which application shall be given to the
petitioner not less than five days before the same is made; and the said
judge, if satisfied from evidence of the insufficiency of the bond, may
order or require the petitioner to give an additional bond within such time
as he shall deem proper; and in case of refusal to comply with such order,
judgment may be entered against such petitioner to the amount of the real
value of the property levied upon, upon which execution may issue as pro-
vided by law; and said plaintiff may have an execution against the defen-
dant in the original attachment; provided, that but one satisfaction of the
debt or demand shall be made; and it shall be in the discretion of the court
in all such cases to dispose of the matter of costs.

This section indicates clearly that the bond required by the preceding section is for
the plaintiff's protection. Turner v. Lytle, 59 Md. 207.