ART. 67. ] ATTACHMENTS.

hereafter be brought for wrongfully suing out said attachment, then
the above obligation to be void, otherwise to remain in full force and
effect. Every attachment issued without a bond and affidavit taken
as aforesaid, is hereby declared illegal and void, and shall be dis-
missed.

679

38. In all cases where two or more persons are jointly indebted,
either as partners or otherwise, and an affidavit shall be filed as
hereinbefore provided, so as to make one or more of such joint

Id. s 5

debtors amenable to the process of attachment, then the writ of
attachment shall issue against the lands and tenements, goods,
chattels, and credits of such as are so brought within the provisions
of this law; but the writ of summons shall issue against all the
joint defendants, as in other actions against joint defendants.

How attach-
ment and sum-
mons to issue in
cases of joint
indebtedness.

30, In case the defendant is not satisfied with the sufficiency of
the surety or sureties, or anyone of them, or with the amount
specified in the bond aforesaid, he may, at any time before judg-
ment, apply to the judge of the court in which the said bond is filed

Id s 6

for an order requiring the plaintiff to give additional security,
notice of which application shall be given to the plaintiff, not less
than four days before the same is made; and the said judge, if
satisfied, from evidence of the insufficiency of the said bond, may
order or require the plaintiff to give an additional bond, with secu-
rity to be approved of by the court, in such sum and within such
time as he may deem proper, and in case the plaintiff shall fail to
comply with such order, the said writ of attachment shall be
quashed and the property attached, or its proceeds, if the same
shall have been sold by order of the court, shall be returned to the
defendant.
40. The practice and pleadings, under the writ of attachment
issued in compliance with the foregoing sections, shall in all other
respects, not herein provided for, conform, as near as may be, to
the practice and proceedings under writs of attachment against
non-resident and absconding debtors.

Additional se-
curity from
plaintiff

Id s 7.
Practice and
pleadings
29 Md 227, 31
Md 492, 85 Md.
294.

CLAIMANTS OF PROPERTY.

41. In all attachments and writs of execution whenever the
same shall be levied upon any personal property, goods, or chattels,
which are claimed by a person or persons or corporation other than
the defendant or defendants in said attachment or writ of execution,
such person or persons or corporation may file a petition with the
court issuing such attachment or writ of execution, or with the court
before whom such attachment or writ of execution is returnable if it
be returnable before a court other than the court issuing the same,
which petition shall clearly set forth the claim and right to the prop-
erty so levied upon and be verified by the oath or affirmation of the
petitioner or some person in his behalf, and it shall be the duty of
the clerk to docket a suit against both the plaintiff and defendant in

1874, c 285
Third party
claiming prop-
erty seized
under attach-
ment or execu-
tion, how to
proceed
10 Md 22, 16
Md 410, 21 Md.
405, 3 H &
McH 553,
6 G & J. 298