678

ATTACHMENTS. [Am. 67.

ATTACHMENTS ON ORIGINAL PROCESS.

1864, c 306.
Plaintiff
25 Md 350, 368,
29 Md 221, 30
Md. 334. 31 Md
492, 35 Md 505,
40 Md 414, 47
Md. 112.

34. Every person and every body corporate that has the right to
become a plaintiff in any action or proceeding, before any judicial
tribunal in this State, shall have the right to proceed by attachment
in the following cases, upon the conditions and in the manner herein
provided: Before any such writ of attachment shall be issued, the

Affidavit

plaintiff, or some person in his behalf, shall make an affidavit before
the clerk of the court from which said attachments shall issue, stat-
ing that the defendant or defendants named in the writ of attach-
ment is bond fide indebted to the plaintiff, or plaintiffs, in the sum
of ———— dollars, over and above all discounts; and that the plain-
tiff knows, or has good reason to believe either (first) that the
debtor is about to abscond from this State, or (second) that the de-
fendant has assigned, disposed of, or concealed, or is about to as-
sign, dispose of, or conceal his property, or some portion thereof,
with intent to defraud his creditors, or (third) that the defendant
fraudulently contracted the debt, or incurred the obligation respect-
ing which the action is brought, or (fourth) that the defendant has
removed, or is about to remo\ e, his property, or some portion thereof,
out of this State, with intent to defraud his creditors.

Id s 2
Evidence of
debt to be filed

35. At the time of making said affidavit, the plaintiff shall pro-
duce the bond, account, or other evidence of the debt, by which said
debtor is indebted, and the same shall be filed among the papers in
the cause.

Id s 3.
Summons.
35 Md 295.

36. There shall be issued with every attachment issued, under
the provisions of the two preceding sections, a writ of summons
against the defendant, as is usual in actions at law.

Id s 4
Bond
25 Md 219, 350,
368, 30 Md 334;
36 Md 42.

37. Every clerk, before issuing an attachment under the preced-
ing sections, shall take from the plaintiff, or some person on his
behalf, bond to the State of Maryland, with security to be approved
by said clerk, in double the sum alleged to be due by the defendant
or defendants, conditioned for satisfying all costs which may be
awarded to such defendant or defendants, or to any other person or
persons interested in the proceedings, and all damages which shall
be recovered against the plaintiff for wrongfully suing out such at-
tachment, which bond shall be filed in the office of the clerk issuing
such attachment; the condition of said bond shall be substantially
in the following form: The condition of this obligation is such that,
whereas the above bounden ————, hath, on the day of the date
hereof, ordered an attachment out of (naming the court from which
the said attachment shall issue) at the suit of ———— v. ————, for the
sum of ————; and the same being about to be sued out of said
court, returnable on the —— day of —— next. Now, if the said ————
shall prosecute his suit with effect, or in case of failure thereof, shall
well and truly pay and satisfy the said ————, all such costs in said
suit, and such damages as shall be awarded against ————, his
heirs, executors, or administrators, in any suit or suits which may