ART. 67. ] ATTACHMENTS.

681

45. Any justice of the peace may issue an attachment against a
non-resident or absconding debtor, where the sum claimed shall not
exceed one hundred dollars; hut no special pleading shall be re-
quired before a justice of the peace.
46. Any person making the affidavit, and exhibiting the proofs
and vouchers necessary to authorize an attachment to be issued

Id 8 35
1833, c 201, s 14,
1849, c 209,
1852, c 239, se
1-2
Limit of juris-
diction
No special
pleading before
justices

from the Circuit Court against a non-resident or absconding debtor,
may have an attachment issued by a justice of the peace against
such debtor, if the cause of action does not exceed one hundred
dollars

Art 51, s 39
1849, c 269. a 1,
1852, c 276, s 2
Attachment
against ab-
sconding or
non-resident
debtor

47. Such attachment shall he returnable before the justice who
issued the same, upon a day certain, to be named therein, not less
than twenty, nor more than thirty days from the date of the issuing
thereof.

Id s 40
1849, c 269, s 1
Before whom
and u hen re-
turnable

48. The plaintiff, at the time of issuing the attachment, shall
give notice by setting up at three or more of the most public places
in the election district or ward in which such attachment may issue,
at least ten days before the return day thereof, an affidavit of the
truth of his claim, together with a copy of such claim, and also a
copy of such attachment.

Id s 41
1849. c. 269, s 1
Notice to be
given by plain-
tiff

49. If the defendant, or the garnishee in whose hands property
may be attached, shall not show cause to the contrary, the justice may
condemn such property; provided, he is satisfied by the oath of the

Id s 42
1849, c 269, s 1
Condemnation
of property

plaintiff, or by other proof, that the notice required above has been
given.

Notice

50. The plaintiff, in an attachment, before execution on any
judgment of condemnation shall be issued, shall give bond to the
defendant in such penalty as the justice of the peace shall direct, not
less than double the amount of the judgment of condemnation, with
good and sufficient security, to be approved by the said justice, and
conditioned to make restitution of the property so condemned or the
value thereof; and to pay such damages as may be awarded to the
defendant, if the defendant shall at any time within twelve months
and a day from the date of issuing the attachment, appear, either in
person or by his agent, before the justice issuing such attachment,
or before some other justice of the same county, and make it appear
that the plaintiff has satisfied the said debt, or show that it ought
not to be paid, or that the said defendant was not indebted to the
plaintiff at the time of issuing said attachment.

Id s 43
1849, c 269, s 2
Bond before
execution of
judgment of
condemnation.

51. A garnishee, in whose hands any such attachment is laid,
shall have the same rights and be subject to the same liabilities as
if such attachment had issued from the Circuit Court; but to avail
himself of his rights he must appear at the return of the attachment,
and he shall not have the four days thereafter for his appearance, al-
lowed in the Circuit Court.

Id s 44
-715, c 40, s 3,
1924, c 74, s 2,
1849. c 269, s 1
Rights and
liabilities of
garnishee

52 Every justice of the peace may issue an attachment in any
of the cases mentioned in the sections of this article relating to at-
tachments on original process, where the sum claimed shall not ex-

1868, c 447
Jurisdiction of
justices of the
peace extended
to cases of at-