ART. 67. ] CERTIORARI — ATTACHMENTS.

671

11, It shall not be lawful for any judge to order a mandamus to
issue in the alternative, but in all cases where a mandamus shall be
ordered to issue, it shall be peremptory in form.

III. — CERTIORARI.

Bond in certiorari in cases of landlord and tenant, and forcible entry and detainer

Id s 11
1858, c. 28, 5, s 6.
Alternative
mandamus not
lawful

Upon the allowance of any writ of certiorari for the removal of
the proceedings by a justice of the peace, between landlords and
tenants, and also in all cases of inquest for a forcible entry and de-
tainer, or a forcible detainer, the party obtaining the said writ of
certiorari, shall give bond with security to the opposite party, to be
approved by the judge or clerk of the court allowing the writ, in
such penalty as the said judge or clerk shall direct, conditioned for
the payment of all costs and damages that may be incurred or suf-
fered by the delay of the proceedings, if the matter in controversy
upon such writ shall be decided against the person obtaining the
same.

IV. — ATTACHMENTS.

ATTACHMENTS AGAINST NON-RESIDENTS AND ABSCONDING DEBTORS

Art 75, s 61
1816, c 187,
1822, c 131l
Bond in certio-
rari in cases be-
tween landlord
and tenant, and
forcible entry
and detainer
15 Md 194, 3 H.
& McH 438, 4
H & McH 4, 7
Gill 238, 8 Gill.
152, 9 G & J
107.

1 Who may be plaintiff
2 Who may be defendant
3 Who an absconding debtor and what a
sufficient averment of absconding
4 The affidavits, what to contain and evi-
dences of indebtedness to accompany it
5 Before whom affidavit to be made
6 Certificates to official character
7 Who can take affidavits
8 The warrant to the clerk of court and issu-
ing the attachment
9 Duty of justice, when affidavits made out
of county in which attachment to be
issued
10 The summons and the short note.
11 What may be attained
12. What the attachment must contain, its
execution and return
13 Judgment of condemnation and execu-
tion, bond
14 What may be levied against the garnishee
15 the defence of garnishee for defendants
16 Judgment of condemnation and execution
thereon, or payment of garnishee, When
bar against defendants
17 The interrogatories, what judgment to be

given if garnishee neglect or refuse to
answer them
18 Confession of judgment by garnishee
19 Attachment of judgments or decrees due
defendant, execution.
20 Attachment of defendant's interest in
stock or debt of corporation, duty of
sheriff
21 Appearance of defendant and dissolving
attachment
22 Quashing attachment before return day,
proceedings, further execution
23 Appeal
24 Appeal of plaintiff, bond to prosecute ap-
peal from order quashing attachment,.
attachment in force
25 Time within which to file bond
26 Attachment against lands, etc, of heir or
devisee for debt of intestate or testator.
27 When court may order the sale of perish-
able property attached
28 Omission or misspelling of Christian name,
amendment
29 Attachment for debt due minor, feme covert
or lunatic.