ART. 67. ] ATTACHMENTS.

absconded, shall, without other words, be a 'sufficient averment of
any such conduct.

673-

4. No atttachment shall issue (except as hereinafter mentioned),
unless there be an affidavit that the debtor is bond fide indebted to
the creditor in the sum of ————, over and above all discounts; and
at the time of making the affidavit, the creditor shall produce the
bond, account, or other evidences of debt, by which the said debtor
is so indebted; and shall also make affidavit that he knows, or is
credibly informed, and verily believes, that the said debtor is not a

Id s 4
1795, P 56, 8 I
The affidavit
25 Md 330, 30
Md 402, 31 Md.
34, 229, 234, 685,
32 Md 363, 34
Md 460, 462, 36
Md 186. 194, 37
Md 491, 38 Md.
487, 555

citizen of this State, and that he doth not reside therein; or if the
said debtor resides in this State, that he doth know, or is credibly
informed, and veribly believes, that the said debtor hath absconded.

What to contain
and what evi-
dences of in-
debtedness to
accompany it

5. The affidavit required by the preceding section may be made
before any justice of the peace, or any judge of a court of law of
this State, or before any judge of a court of record of the United
States, or of any State, District, or Territory of the United States,
or before a commissioner appointed by the State to take acknowl-
edgments of deeds, or before a notary public, or if out of the United
States, before a consul or vice-consul of the United Slates.

1876, c 112
Before whom
affidavit to be
made.

6. If the affidavit is made in this State, and before a justice of
the peace, or judge in any other county than that in which the at-
tachment is to be issued, there shall also be a certificate under the
seal of the court from the clerk of the Circuit Court of the county
in which it is made, that the justice of the peace or judge before
whom the said affidavit was made, was at the time the same was
made a justice of the peace or judge, or the same may be certified
by the clerk of the Superior Court of Baltimore City, when the
affidavit is made in that city; or if the affidavit be made out of the
State, and before a judge of a court of record, there shall be a cer-
tificate from the clerk of said court, under the seal thereof, that at
the time the same was made he was a judge of said Court, and that
the same is a court of record; or if made before a commissioner of
this State, the same shall be certified under his official seal.

Art 10, s 6
1795, c 56, s 2
Certificates to
official char-
acter
32 Md 340

7. The affidavit required by the preceding sections may be made
by the creditor, or one of them, where there are more than one, or
by the agent of the creditor or creditors, by the president, cashier,
or other officer of a corporation, by any executor or administrator,
or where the attachment is to be issued in the name or in behalf of
an infant, by the guardian of such infant, or by the infant himself,
or by the husband of a feme covert, or by the committee of a
lunatic.

1876, c 112
Who can make
the affidavit.

8. Upon the affidavit being made, and the proofs produced before
a justice of the peace, or judge of the county or city where the at-
tachment is to be issued, he shall forthwith issue his warrant to the
clerk of the Circuit Court or the Superior Court of Baltimore City,
or Court of Common Pleas, as the case may require, to issue an
attachment against the lands, tenements, goods, chattels, and credits
of the said debtor, and upon the receipt of said warrant, with the

48

Art 10, s, 8.
1795, c 50, c 1
The warrant to
the clerk of
court and issu-
ing the attach-
ment
85 Md 232.