676

ATTACHMENTS. [ART. 67.

contained in this article, in relation thereto, subtitle Proceedings
against Corporations.

Id s 20
1832, c. 280, s 5,
18 !4, c 79, s 2,
1854, c 153, s 4
Appearance of
defendant and
dissolving at-
tachment
34 Md 56

21. No attachment shall be dissolved unless every defendant
appears to the action, and unless a bond be given by or on behalf
of the defendant or defendants, in a sum of money equal to the
value of the property attached, with security to be approved by the
court or the judge thereof, if in recess, to satisfy any judgment
that shall be recovered in such case against the defendants.

Id s 21
1853, c 155, s. 1
Quashing at-
tachment before
return day.

22. Any absent defendant, or any one in his behalf, may file a
petition to the judge of a court from which an attachment has issued
before the return day of such attachment, praying that the said
writ be quashed and set aside, and thereupon the judge shall order

Proceedings

the sheriff to return said writ and the proceedings thereunder im-
mediately before him, and the said judge shall, upon such return
and after such notice as he shall prescribe to be given to the adverse
party or his attorney, proceed to hear said petition and receive evi-
dence and adjudicate thereon, in the same manner and to the same
extent as the said judge would be empowered to do while sitting
in court at the return day of said writ, on motion to quash and set

Further execu-
tion.

aside the same; provided, such petition shall not prevent the further
execution of said attachment until the judge shall order the same
to be quashed.

Id s. 22
1852, c 155, s. 2
Appeal

2 3. Either party shall be at liberty to appeal from the decision
of the judge on said petition within sixty days thereafter.

Id. s 23
1852, c 155, s 2
Appeal of plain-

24. If the judge shall quash said attachment, and the plaintiff
shall appeal and give bond in such penalty and with such security
as said judge may approve, conditioned to prosecute said appeal

Bond to prose-
cute appeal
from order
quashing at-
tachment

with effect, or in default thereof to pay such costs and damages as the
absent defendant or other persons interested in said property or
credits may incur, or suffer by reason of such attachment and

Attachment in
force.

appeal, the attachment shall remain in force as if no such petition
had been filed.

Id B 24
1852, c 155, s 2
Time within
which to file
bond.

25. The party appealing under the preceding sections shall
have ten days from the date of the judgment quashing any such
writ of attachment within which he may file his appeal bond, and the
writ of attachment shall remain in force during that time.

Id s 26.

1794, c 54, s 7.
Attachment
against land,
etc, of heir or
devisee for debt
of intestate or
testator

26. If any person of full age residing out of this State, is enti-
tled by descent or devise to any lands or tenements lying in this
State, and the person from whom such lands descended or by whom
the same were devised, was indebted to any person, the court in
which any suit against such heir or devisee may be instituted, may
award an attachment against the lands and tenements of such heir
or devisee, held by descent or devise from the person so indebted, in
the same manner and to have the same effect as attachments awarded
against other persons residing out of the State.

1876, c. 254.
When the court
may order the
sale of perish-
able property
attached

27. any of the courts of this State, in which an attachment suit
is pending, either on original or appellate jurisdiction, or any judge
thereof, in vacation, may order a sale of any perishable property