680

ATTACHMENTS. [ART. 67.

such attachment or writ of execution, and issue a summons directed
to said plaintiff and defendant giving notice of such claim, which
summons shall be returnable to the same term with the attachment
or writ of execution.

Id s 46
Upon filing ap-
proved bond,
property to be
discharged from
the levy

42. Upon the filing of a bond by or on behalf of such petitioner
and claimant of property so levied upon, in a sum of money equal
to double the appraised value of the property, with security or se-
curities residents of this State, to be approved by the court or the
judge thereof if in recess, or by the clerk if by reason of the absence
or sickness of the judge his approval cannot be bad at the time of
the filing of such petition, as bonds are now approved by law, and
conditioned for satisfying all costs and such damages as shall be
awarded the plaintiff in such attachment or writ of execution in
case the plaintiff shall recover judgment of condemnation, the
property so levied upon shall be discharged from the levy; pro-
vided, that the damages, if any, recovered by the plaintiff in the
attachment or writ of execution, shall not exceed the real value of
the property so discharged from levy by these proceedings; and
provided further, if the plaintiff fails to recover judgment of con-
demnation for the property so levied upon, the petitioner shall be
awarded his costs, and shall recover damage for the wrong and in-
jury done him by reason of the illegal seizure and detention of his
property.

Id s 47
Additional sure-
ties on the bond,
when required

43. In case the plaintiff in such attachment or writ of execu-
tion, is not satisfied with the sufficiency of the surety or sureties
in the bond taken under the preceding section, he may at any time
before judgment apply to the judge of the court in which the said
bond is filed, for an order requiring the petitioner to give additional
security, notice of which application shall be given to the petitioner
not less than five days before the same is made, and the said judge,
if satisfied from evidence of the insufficiency of the bond, may
order or require the petitioner to give an additional bond within
such time as he shall deem proper, and in case of refusal to comply
with such order, judgment may be entered against such petitioner
to the amount of the real value of the property levied upon, upon
which execution may issue as provided by law, and said plaintiff
may also have an execution against the defendant in the original
attachment or writ of execution; provided, that but one satisfac-

One satisfaction.

tion of the debt or demand shall be made, and it shall be within the
discretion of the court in all such cases to dispose of the matter of

Coats

costs.

ATTACHMENTS FROM JUSTICES OF THE PEACE.

Art 10, s 34
1853, c 201, s 1
Jurisdiction of
justices of the
peace in attach-
ment.
13 Md. 196.

44. The several justices of the peace of this State may issue
an attachment, by way of execution, on any judgment obtained be-
fore any justice of the peace in all cases where a writ of fieri facias
might issue.